75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2738
Sponsored by Representative COWAN (at the request of Oregon State
Sheriffs Association)
CHAPTER ................
AN ACT
Relating to vehicles taken into custody by public bodies;
creating new provisions; amending ORS 801.040, 809.700,
819.016, 819.040, 819.100, 819.110, 819.120, 819.140, 819.150,
819.160, 819.170, 819.180, 819.185, 819.190, 819.210, 819.215
and 819.480; and repealing ORS 819.220, 819.240, 819.250,
819.260 and 819.270.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 801.040 is amended to read:
801.040. This section describes circumstances where special
provisions are made concerning the authority of cities, counties
or other political subdivisions in relation to some portion of
the vehicle code. This section is not the only section of the
vehicle code that applies to such authority and shall not be
interpreted to affect the vehicle code except as specifically
provided in this section. The following limits are partial or
complete as described:
(1) No county, municipal or other local body with authority to
adopt and administer local police regulations under the
Constitution and laws of this state shall enact or enforce any
rule or regulation in conflict with the provisions of the vehicle
code described in this subsection except as specifically
authorized in the vehicle code. This subsection applies to the
provisions of the vehicle code relating to abandoned vehicles,
vehicle equipment, regulation of vehicle size, weight and load,
the manner of operation of vehicles and use of roads by persons,
animals and vehicles.
(2) Except as provided in ORS 822.230 and this subsection, no
city, county or other political subdivisions shall regulate or
require or issue any registration, licenses, permits or surety
bonds or charge any fee for the regulatory or surety registration
of any person required to obtain a certificate from the
Department of Transportation under ORS 822.205. This subsection
does not:
(a) Limit any authority of a city or county to license and
collect a general and nondiscriminatory license fee levied upon
all businesses or to levy a tax based upon business conducted by
any person within the city or county.
(b) Limit the authority of any city or county to impose any
requirements or conditions as part of any contract to perform
towing or recovering services for the city or county.
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(c) Limit the authority of any city or county to impose
requirements and conditions that govern the towing of a vehicle
by a towing business under ORS 98.812 so long as those
requirements and conditions are consistent with the provisions of
ORS 822.230.
(3) No city, county or other political subdivision of this
state, nor any state agency, may adopt a regulation or ordinance
that imposes a special fee for the use of public lands or waters
by snowmobiles or Class I all-terrain vehicles, or for the use of
any access thereto that is owned by or under the jurisdiction of
either the United States, this state or any such city, county or
other political subdivision. The registration fees provided by
ORS 821.320 are in lieu of any personal property or excise tax
imposed on snowmobiles by this state or any political
subdivision. No city, county or other municipality, and no state
agency shall impose any other registration or license fee on any
snowmobile in this state. This subsection does not prohibit any
city, county or other political subdivision, or any state agency
from regulating the operation of snowmobiles or Class I
all-terrain vehicles on public lands, waters and other properties
under its jurisdiction and on streets or highways within its
boundaries by adopting regulations or ordinances of its governing
body if such regulations are not inconsistent with ORS 821.150 to
821.292.
(4) The provisions of ORS { - 819.100, 819.120, 819.150,
819.160, 819.210 to 819.260 and 819.480 - } { + 819.110 to
819.215 + } relating to { - removal - } { + towing + } of
vehicles that are abandoned establish minimum requirements
subject to the following:
(a) Notwithstanding paragraph (b) of this subsection, a county
or incorporated city may supersede such provisions by ordinance
or charter provision.
(b) Any road authority described under ORS 810.010 may adopt
rules or procedures that do not conflict with such provisions to
provide for additional protection for the owner or person with an
interest in a vehicle subject to such provisions or that more
quickly accomplish the procedures established under such
provisions.
(5) Any incorporated city may by ordinance require that the
driver of a vehicle involved in an accident file with a
designated city department a copy of any report required to be
filed under ORS 811.725. All such reports shall be for the
confidential use of the city department but subject to the same
requirements for release of such reports as provided for the
release of such reports by the department under ORS 802.220 and
802.240.
(6) Except as otherwise specifically provided in this section,
in accordance with the provisions of ORS 801.041, the governing
body of a county may establish by ordinance registration fees for
vehicles registered at a residence or business address within the
county.
(7) Except as otherwise specifically provided in this section,
in accordance with the provisions of ORS 801.042, the governing
body of a district may establish by ordinance registration fees
for vehicles registered at a residence or business address within
the district.
SECTION 2. ORS 809.700 is amended to read:
809.700. A court may order a motor vehicle impounded or
immobilized upon conviction for the traffic offenses described in
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this section. The authority to impound or immobilize a vehicle
under this section is subject to all of the following:
(1) The court may order a vehicle impounded or immobilized
under this section when a person is convicted:
(a) For driving a motor vehicle while the person's license is
suspended or revoked in violation of ORS 811.175 or 811.182; or
(b) On a second or subsequent charge of driving while under the
influence of intoxicants in violation of ORS 813.010.
(2) A vehicle may be impounded or immobilized under this
section for not more than one year from judgment.
(3) The following vehicles may be impounded under this section:
(a) Any motor vehicle of which the convicted person is the
owner.
(b) Any motor vehicle which the convicted person is operating
at the time of arrest.
(4) A vehicle may be immobilized under this section if the
vehicle is registered in this state and is a vehicle that may be
impounded under subsection (3) of this section.
(5)(a) If a vehicle is ordered to be immobilized under this
section and if the convicted person resides in the jurisdiction
of the law enforcement agency that arrested the person for the
offense described in subsection (1) of this section, the
arresting law enforcement agency shall install a vehicle
immobilization device on the vehicle. If the convicted person
does not reside in the jurisdiction of the law enforcement agency
that arrested the person, the sheriff of the county in which the
person resides shall install the device.
(b) A vehicle ordered immobilized under this section shall be
immobilized at the residence of the owner of the vehicle or at
the location where the owner regularly parks the vehicle.
(c) A vehicle ordered immobilized under this section may be
immobilized only in a location at which the vehicle may be
legally stored for the period of the immobilization order. If no
location is available at which the vehicle may be legally stored,
the vehicle may be impounded for the period of the immobilization
order.
(d) A vehicle owner who fails to allow installation of a
vehicle immobilization device ordered under this section shall be
subject to contempt of court proceedings under ORS 33.015 to
33.155.
(6)(a) If a vehicle is impounded under this section, the person
convicted shall be liable for the expenses incurred in the
{ - removal - } { + towing + } and storage of the vehicle
under this section, whether or not the vehicle is returned to the
person convicted.
(b) If a vehicle is immobilized under this section, the person
convicted shall be liable for the expenses incurred in
installation and removal of the vehicle immobilization device and
for rental of the device during the period the device is
installed on the vehicle, whether or not the vehicle is released
to the person convicted.
(7) A vehicle shall be released or returned to the person
convicted or the owner only upon payment of the expenses incurred
in the immobilization or { - removal - } { + towing + } and
storage of the vehicle under this section.
(8) If a vehicle is not reclaimed within 30 days after the time
set for the return of the vehicle in an impounding order or
release of the vehicle in an immobilization order, the vehicle
may be disposed of in accordance with procedures under ORS
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{ - 819.180, 819.190, 819.210, 819.220 and 819.240 to
819.260 - } { + 819.110 to 819.215 + }.
(9) The court may order that a motor vehicle of which the
convicted person is not the owner be impounded or immobilized
under this section only if the court is satisfied by a
preponderance of the evidence that the owner knew or had good
reason to know that the convicted person:
(a) Did not have a valid license and knowingly consented to the
operation of the vehicle by the convicted person; or
(b) Was operating the vehicle while under the influence of
intoxicants.
(10) The authority to impound or immobilize a vehicle under
this section is subject to the rights of a security interest
holder under a security agreement executed before an arrest for
violation of an offense for which the vehicle may be impounded or
immobilized under this section. A vehicle shall be released for
the purpose of satisfying a security interest if:
(a) Request in writing is made to the court;
(b) If the vehicle has been impounded or immobilized, the
security interest holder pays the expenses in { - removal - }
{ + towing + } and storage or in immobilization of the vehicle;
and
(c) If the registration of the vehicle has been suspended under
ORS 809.010, the security interest holder takes possession of the
vehicle subject to the suspension of the registration remaining
in effect against the registered owner.
(11) A security interest holder's obligation to pay and right
to recover { - removal - } { + towing + } and storage or
immobilization expenses under subsection (10) of this section are
limited to the recovery of those { - removal - }
{ + towing + } and storage or immobilization expenses incurred
during the initial 20-day period when the vehicle was in public
storage or immobilized, unless the authority taking the vehicle
into custody or immobilizing the vehicle under this section has
transmitted by certified mail a written notice to the holder
concerning the accrual of storage or immobilization expenses. If
the vehicle is in private storage, the lien claimant shall
transmit the written notice.
SECTION 3. ORS 819.016 is amended to read:
819.016. (1) Except as provided in subsection (2) of this
section, when the provisions of ORS 819.010, 819.012 or 819.014
require a person to surrender to the Department of Transportation
a certificate of title for a vehicle, or when a person
{ - buys - } { + acquires + } a vehicle under the provisions of
ORS { - 819.220 - } { + 819.215 + }, the person shall apply
to the department for a salvage title for the vehicle. The
application shall comply with the requirements of ORS 803.140.
(2) When the person is not required to surrender a certificate
of title because title for the vehicle was issued in some other
form, the person shall follow procedures adopted by the
department by rule.
(3) Subsections (1) and (2) of this section do not apply if the
person does not intend to rebuild or repair the vehicle, to
transfer the vehicle or to use the frame or unibody of the
vehicle for repairing or constructing another vehicle.
SECTION 4. ORS 819.040 is amended to read:
819.040. (1) A person commits the offense of illegal salvage
procedures if the person engages in crushing, compacting or
shredding of vehicles and the person violates any requirements
under the following:
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(a) The person may accept vehicles as salvage material from
other persons who hold a dismantler certificate issued under ORS
822.110.
(b) Except as otherwise provided in this subsection, the person
may not accept vehicles from another person who does not hold a
dismantler certificate issued under ORS 822.110, unless the other
person:
(A) Complies with the requirements of ORS 819.010, or is in
possession of { - a certificate of sale issued under ORS
819.240 or of - } a salvage title certificate; and
(B) Displays a salvage title certificate, a compliance form
issued under ORS 819.030, or a certificate of sale to the person
engaged in salvage.
(c) The person engaged in salvage may accept a copy of the
Department of Transportation form issued under ORS 819.030 as
proof of compliance under ORS 819.010 or may accept a certificate
of sale or a salvage title certificate, as applicable, and
surrender such copy or certificate to the department.
(d) The person may accept vehicles as salvage material from
{ - authorities or - } tow businesses disposing of vehicles as
authorized under ORS 819.215 or 819.280 if the { - authority
or - } tow business gives the person a copy of notification made
to the department under ORS 819.215 or 819.280.
(2) If a salvage title has been issued in a form other than a
certificate, the person engaged in salvage may accept documents
or information in a manner or form determined by the department
by rule.
(3) The offense described in this section, illegal salvage
procedures, is a Class A misdemeanor.
SECTION 5. ORS 819.100 is amended to read:
819.100. (1) A person commits the offense of abandoning a
vehicle if the person abandons a vehicle upon a highway or upon
any public or private property.
(2) The owner of the vehicle as shown by the records of the
Department of Transportation shall be considered responsible for
the abandonment of a vehicle in the manner prohibited by this
section and shall be liable for the cost of { - removal - }
{ + towing + } and disposition of the abandoned vehicle.
(3) A vehicle abandoned in violation of this section is subject
to the provisions for { - removal - } { + towing and sale + }
of abandoned vehicles under ORS { - 819.110 and 819.120 and to
being sold as provided under ORS 819.210 or 819.220 - } { +
819.110 to 819.215 + }.
(4) The offense described in this section, abandoning a
vehicle, is a Class B traffic violation.
SECTION 6. ORS 819.110 is amended to read:
819.110. (1) After providing notice required under ORS 819.170
and, if requested, a hearing under ORS 819.190, an authority
described under ORS 819.140 may take a vehicle into custody and
{ - remove - } { + tow + }the vehicle if:
(a) The authority has reason to believe the vehicle is disabled
or abandoned; and
(b) The vehicle has been parked or left standing upon any
public way for a period in excess of 24 hours without
authorization by statute or local ordinance.
(2) The { - authority in this section to remove and - } { +
power to + } take vehicles into custody { + under this
section + } is in addition to any { - authority - } { +
power + } to { - remove and - } take vehicles into custody
under ORS 819.120.
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(3) 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.
(4) { - An authority removing - } { + The person that
tows + } a vehicle under this section shall { - cause - } { +
have + } the vehicle { - to be - } appraised within a
reasonable time by a person authorized to perform such appraisals
under ORS 819.480.
(5) Vehicles { - removed and - } taken into custody under
this section are subject to sale { + or disposal + } under ORS
819.210 or
{ - 819.220 - } { + 819.215 + } if the vehicles are not
reclaimed as provided under ORS 819.150 or returned to the owner
or person entitled to possession under ORS 819.190.
SECTION 7. ORS 819.120 is amended to read:
819.120. (1) An authority described under ORS 819.140 may
immediately take custody of { + and tow + } 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 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;
(C) Of any freeway within 1,000 feet of the area where a
freeway exit or entrance ramp meets the freeway; or
(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 - } { + under this section must + } 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 - } { +
power to + } take vehicles into custody { + under this
section + } is in addition to any { - authority - } { +
power + } 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 - } { + The person that
tows + } a vehicle under this section shall { - cause - } { +
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have + } the vehicle { - to be - } appraised within a
reasonable time by a person authorized to perform such appraisals
under ORS 819.480.
(8) Vehicles { - removed and - } taken into custody under
this section are subject to sale or { - disposition - }
{ + disposal + } under ORS 819.210 or { - 819.220 - } { +
819.215 + } 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.
SECTION 8. ORS 819.140 is amended to read:
819.140. (1) This section establishes which agency has the
authority to { - remove and - } take vehicles into custody
under ORS 819.110 and 819.120. The agency with authority
{ - for removal - } { + to take a vehicle into custody + } is
responsible for notice and hearings under ORS { - 819.170 to
819.190 and for the sale or disposal of the vehicle under ORS
819.210 or 819.220 - } { + 819.110 to 819.215 + }. Authority
{ - for removal of a vehicle - } { + to take a vehicle into
custody + } depends on the location of the vehicle as described
under the following:
(a) If a vehicle is upon the right of way of a state highway,
on an interstate highway that is part of the National System of
Interstate and Defense Highways established under section 103(e),
title 23, United States Code or on state property, the Department
of State Police or the Department of Transportation { - may
provide for a vehicle to be taken into custody - } { + may take
the vehicle into custody and exercise the powers relating to
authority over the vehicle described in this section + }.
{ - When the Department of State Police or the Department of
Transportation exercises powers described in this section, the
Department of State Police or the Department of Transportation
shall notify either the sheriff or an appropriate authority of
the county in which the vehicle is located. The authority
notified by the Department of State Police or the Department of
Transportation shall exercise the powers described in this
section in lieu of the Department of State Police or the
Department of Transportation and shall exercise authority over
the vehicle. - } Action taken by the Department of State Police
or the Department of Transportation under this subsection is not
subject to ORS chapter 183. { - The authority actually
providing for the removal of the vehicle is subject to the
appropriate procedures upon removal and sale or disposal of the
vehicle. - }
(b) If the vehicle is upon the right of way of a county road or
any other highway or property within the boundaries of a county,
the sheriff of the county or a county agency with appropriate
authority may take the vehicle into custody and exercise the
powers relating to authority over the vehicle described in this
section.
(c) If the vehicle is on a city street or alley, on an
interstate highway or other highway within the boundaries of the
city or on any other property within the boundaries of a city,
the city police or a city agency with appropriate authority may
take the vehicle into custody and exercise the powers relating to
authority over the vehicle described in this section.
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(2) Except as otherwise provided by this section, an agency
taking custody of a vehicle under ORS 819.110 or 819.120 may:
(a) Use its own personnel, equipment and facilities for the
{ - removal - } { + towing + } and preservation of such
vehicles; or
(b) Hire or otherwise engage other personnel, equipment and
facilities for that purpose.
SECTION 9. ORS 819.150 is amended to read:
819.150. The owner, a person entitled to possession or any
person with an interest recorded on the title of a vehicle taken
into custody under ORS 819.110 or 819.120:
(1) Is liable for all costs and expenses incurred in the
{ - removal - } { + towing + }, preservation and custody of
the vehicle and its contents except that:
(a) The owner, a person entitled to the vehicle or any person
with an interest recorded on the title is not liable for nor
shall be required to pay storage charges for a period in excess
of 20 days unless the person has received a written notice under
ORS 819.160. In no case shall a person be required to pay storage
charges for a storage period in excess of 60 days.
(b) A security interest holder is not liable under this
subsection unless the security interest holder reclaims the
vehicle.
(2) May reclaim the vehicle at any time after it is taken into
custody and before the vehicle is sold or disposed of under ORS
819.210 or { - 819.220 - } { + 819.215 + } upon presentation
to the authority holding the vehicle of satisfactory proof of
ownership or right to possession and upon payment of costs and
expenses for which the person is liable under this section.
(3) If the vehicle is taken into custody under ORS 819.110 or
819.120, has a right to request and have a hearing under ORS
819.190 or under procedures established under ORS 801.040, as
appropriate.
(4) If the vehicle is sold or disposed of under ORS 819.210
{ - , - } { + or + } 819.215 { - , 819.220 or 819.280 - } ,
has no further right, title or claim to or interest in the
vehicle or the contents of the vehicle.
(5) If the vehicle is sold or disposed of under ORS 819.210,
has a right to claim the balance of the proceeds from the sale or
disposition as provided under ORS { - 819.260 - } { +
87.206 + }.
(6) Has no right to a hearing if the vehicle is disposed of
under ORS 819.215 { - or 819.280 - } .
SECTION 10. 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 819.480.
(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
819.480.
(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 - } { + that + } tows the vehicle fails
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to comply with the notice requirements of subsection (3) of this
section, the amount of any lien claimed under this
{ - paragraph shall be - } { + section is + } 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. 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 - } { + that + } tows any vehicle at
the request of an authority under ORS 819.110 or 819.120 shall
transmit by 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 - } { + that + } tows an abandoned vehicle
that is appraised at a value of $500 or less by a person who
holds a certificate issued under ORS 819.480.
SECTION 11. ORS 819.170 is amended to read:
819.170. If an authority proposes to take custody of a vehicle
under ORS 819.110, the authority shall provide notice and shall
provide an explanation of procedures available for obtaining a
hearing under ORS 819.190. Except as otherwise provided under ORS
801.040, notice required under this section shall comply with all
of the following:
(1) Notice shall be given by affixing a notice to the vehicle
with the required information. The notice shall be affixed to the
vehicle at least 24 hours before taking the vehicle into custody.
The 24-hour period under this subsection includes holidays,
Saturdays and Sundays.
(2) Notice shall state all of the following:
(a) That the vehicle will be subject to being taken into
custody and { - removed - } { + towed + } by the appropriate
authority if the vehicle is not removed before the time set by
the appropriate authority.
(b) The statute, ordinance or rule violated by the vehicle and
under which the vehicle will be { - removed - } { +
towed + }.
(c) The place where the vehicle will be held in custody or the
telephone number and address of the appropriate authority that
will provide the information.
(d) That the vehicle, if taken into custody and
{ - removed - } { + towed + } by the appropriate authority,
will be subject to towing and storage charges and that a lien
will attach to the vehicle and its contents.
(e) That the vehicle will be sold to satisfy the costs of
towing and storage if the charges are not paid.
(f) That the owner, possessor or person having an interest in
the vehicle is entitled to a hearing, before the vehicle is
impounded, to contest the proposed custody and { - removal - }
{ + towing + } if a hearing is timely requested.
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(g) That the owner, possessor or person having an interest in
the vehicle may also challenge the reasonableness of any towing
and storage charges at the hearing.
(h) The time within which a hearing must be requested and the
method for requesting a hearing.
SECTION 12. ORS 819.180 is amended to read:
819.180. (1) If an authority takes custody of a vehicle under
ORS 819.120, the authority shall provide, by certified mail
within 48 hours of the { - removal - } { + towing + },
written notice with an explanation of procedures available for
obtaining a hearing under ORS 819.190 to the owners of the
vehicle and any lessors or security interest holders as shown in
the records of the Department of Transportation. The notice shall
state that the vehicle has been taken into custody and shall give
the location of the vehicle and describe procedures for the
release of the vehicle and for obtaining a hearing under ORS
819.190. The 48-hour period under this subsection does not
include holidays, Saturdays or Sundays.
(2) Any notice given under this section after a vehicle is
taken into custody and { - removed - } { + towed + } shall
state all of the following:
(a) That the vehicle has been taken into custody and
{ - removed - } { + towed + }, the identity of the
appropriate authority that took the vehicle into custody and
{ - removed - } { + towed + } the vehicle and the statute,
ordinance or rule under which the vehicle has been taken into
custody and { - removed - } { + towed + }.
(b) The location of the vehicle or the telephone number and
address of the appropriate authority that will provide the
information.
(c) That the vehicle is subject to towing and storage charges,
the amount of charges that have accrued to the date of the notice
and the daily storage charges.
(d) That the vehicle and its contents are subject to a lien for
payment of the towing and storage charges and that the vehicle
and its contents will be sold to cover the charges if the charges
are not paid by a date specified by the appropriate authority.
(e) That the owner, possessor or person having an interest in
the vehicle and its contents is entitled to a prompt hearing to
contest the validity of taking the vehicle into custody and
{ - removing - } { + towing + } it and to contest the
reasonableness of the charges for towing and storage if a hearing
is timely requested.
(f) The time within which a hearing must be requested and the
method for requesting a hearing.
(g) That the vehicle and its contents may be immediately
reclaimed by presentation to the appropriate authority of
satisfactory proof of ownership or right to possession and either
payment of the towing and storage charges or the deposit of cash
security or a bond equal to the charges with the appropriate
authority.
SECTION 13. ORS 819.185 is amended to read:
819.185. If there is no vehicle identification number on a
vehicle and there are no registration plates and no other
markings through which the Department of Transportation could
identify the owner of the vehicle, then an authority otherwise
required to provide notice under ORS 819.170 or 819.180 is not
required to provide such notice and the vehicle may be
{ - removed - } { + towed + } and disposed of as though notice
and an opportunity for a hearing had been given.
Enrolled House Bill 2738 (HB 2738-A) Page 10
SECTION 14. ORS 819.190 is amended to read:
819.190. A person provided notice under ORS 819.170 or 819.180
or any other person who reasonably appears to have an interest in
the vehicle may request a hearing under this section to contest
the validity of the { - removal - } { + towing + } and
custody under ORS 819.120 or proposed { - removal - } { +
towing + } and custody of a vehicle under ORS 819.110 by
submitting a request for hearing with the appropriate authority
not more than five days from the mailing date of the notice. The
five-day period in this section does not include holidays,
Saturdays or Sundays. Except as otherwise provided under ORS
801.040, a hearing under this section shall comply with all of
the following:
(1) If the authority proposing to { - remove - } { +
tow + } a vehicle under ORS 819.110 receives a request for
hearing before the vehicle is taken into custody and
{ - removed - } { + towed + }, the vehicle
{ - shall - } { + may + } not be { - removed - } { +
towed + } unless the vehicle constitutes a hazard.
(2) A request for hearing shall be in writing and shall state
grounds upon which the person requesting the hearing believes
that the custody and { - removal - } { + towing + } of the
vehicle is not justified.
(3) Upon receipt of a request for a hearing under this section,
the appropriate authority shall set a time for the hearing within
72 hours of the receipt of the request and shall provide notice
of the hearing to the person requesting the hearing and to the
owners of the vehicle and any lessors or security interest
holders shown in the records of the Department of Transportation,
if not the same as the person requesting the hearing. The 72-hour
period in this subsection does not include holidays, Saturdays or
Sundays.
(4) If the appropriate authority finds, after hearing and by
substantial evidence on the record, that the custody and
{ - removal - } { + towing + } of a vehicle was:
(a) Invalid, the appropriate authority shall order the
immediate release of the vehicle to the owner or person with
right of possession. If the vehicle is released under this
paragraph, the person to whom the vehicle is released is not
liable for any towing or storage charges. If the person has
already paid the towing and storage charges on the vehicle, the
authority responsible for taking the vehicle into custody and
{ - removing - } { + towing + } the vehicle shall reimburse
the person for the charges. New storage costs on the vehicle will
not start to accrue, however, until more than 24 hours after the
time the vehicle is officially released to the person under this
paragraph.
(b) Valid, the appropriate authority shall order the vehicle to
be held in custody until the costs of the hearing and all towing
and storage costs are paid by the party claiming the vehicle. If
the vehicle has not yet been { - removed - } { + towed + },
the appropriate authority shall order { - its removal - } { +
that the vehicle be towed + }.
(5) A person who fails to appear at a hearing under this
section is not entitled to another hearing unless the person
provides reasons satisfactory to the appropriate authority for
the person's failure to appear.
(6) An appropriate authority is only required to provide one
hearing under this section for each time the appropriate
Enrolled House Bill 2738 (HB 2738-A) Page 11
authority takes a vehicle into custody and { - removes - }
{ + tows + } the vehicle or proposes to do so.
(7) A hearing under this section may be used to determine the
reasonableness of the charge for towing and storage of the
vehicle. Towing and storage charges set by law, ordinance or rule
or that comply with law, ordinance or rule are reasonable for
purposes of this subsection.
(8) An authority shall provide a written statement of the
results of a hearing held under this section to the person
requesting the hearing.
(9) Hearings held under this section may be informal in nature,
but the presentation of evidence in a hearing shall be consistent
with the presentation of evidence required for contested cases
under ORS 183.450.
(10) The hearings officer at a hearing under this section may
be an officer, official or employee of the appropriate authority
but shall not have participated in any determination or
investigation related to taking into custody and
{ - removing - } { + towing + } the vehicle that is the
subject of the hearing.
(11) The determination of a hearings officer at a hearing under
this section is final and is not subject to appeal.
SECTION 15. ORS 819.210 is amended to read:
819.210. (1) If a vehicle taken into custody under ORS 819.110
or 819.120 is not reclaimed within 30 days after it is taken into
custody, the { - authority with custody of - } { + person
that towed + } the vehicle shall either:
(a) Sell the vehicle and its contents at public auction in the
manner provided in ORS 87.192 and 87.196; or
(b) Dispose of the vehicle in a manner provided by local
ordinance.
(2) The contents of any vehicle sold under this section are
subject to the same conditions of sale as the vehicle in which
they are found.
{ - (3) The authority to dispose of a vehicle under this
section is in addition to any authority under ORS 819.220. - }
{ - (4) Funds received from the sale of a vehicle or its
contents under this section shall be disposed of as provided in
ORS 819.250. - }
{ - (5) Upon sale of a vehicle under this section, an
authority shall issue a certificate of sale as described in ORS
819.240. - }
SECTION 16. ORS 819.215 is amended to read:
819.215. (1) If an abandoned vehicle is appraised at a value of
$500 or less by a person who holds a certificate issued under ORS
819.480, the person { - who - } { + that + } towed the
vehicle { - or the authority that requested the tow, if the
authority chooses to dispose of the vehicle, - } shall:
(a) Notify the registered owner and secured parties as provided
in subsection (3) of this section;
(b) Photograph the vehicle;
(c) Notify the Department of Transportation that the vehicle
will be disposed of; and
(d) Unless the vehicle is claimed by a person entitled to
possession of it within 15 days of the date of notice under
subsection (3) of this section, dispose of the vehicle and its
contents to a person who holds a valid dismantler certificate
issued under ORS 822.110.
{ - (2) The authority that requests towing of an abandoned
vehicle shall provide the tow company, at the time of the tow,
Enrolled House Bill 2738 (HB 2738-A) Page 12
the name and address of the registered owner of the vehicle, as
shown by records of the department, and the names and addresses
of any persons claiming interests in the vehicle, as shown by
records of the department. - }
{ - (3) The person who tows the vehicle, or the authority
that requested the tow if the authority chooses to dispose of the
vehicle, shall give written notice, within 48 hours of the day
the vehicle was towed, to the persons whose names are furnished
under subsection (2) of this section. The 48 hours shall not
include Saturdays, Sundays or holidays. The notice shall state
that a person entitled to possession of the vehicle has 15 days
from the date the notice was mailed to claim the vehicle and that
if the vehicle is not claimed, it will be disposed of as provided
in this section. - }
{ + (2) The authority that requests towing of an abandoned
vehicle shall provide to the person that tows the vehicle, at the
time of the tow or as soon as possible thereafter, a written
statement that contains the name and address of the registered
owner of the vehicle, as shown by records of the department, and
the names and addresses of any persons claiming interests in the
vehicle, as shown by records of the department.
(3) Within 48 hours after the written statement is provided
under subsection (2) of this section to a person that tows a
vehicle, the person must give written notice to the persons whose
names are furnished in the statement. The 48-hour period does not
include Saturdays, Sundays or holidays. The notice shall state
that a person that is entitled to possession of the vehicle has
15 days from the date the notice was mailed to claim the vehicle
and that if the vehicle is not claimed, it will be disposed of as
provided in this section.
(4) If the authority that requests towing of an abandoned
vehicle does not provide to the person that tows the vehicle the
written statement within 48 hours after the vehicle is towed, the
person may dispose of the vehicle as provided in ORS 819.210. + }
{ - (4) - } { + (5) + } Disposal of a vehicle to a
dismantler as provided in this section extinguishes all prior
ownership and possessory rights.
{ - (5) - } { + (6) + } The department shall adopt rules
specifying the form in which notification to the department
required by subsection (1) of this section shall be submitted and
what information shall be conveyed to the department. The person
{ - disposing of - } { + that tows + } the vehicle may submit
to the dismantler a copy of any notification submitted to the
department under this section instead of submitting to the
dismantler ownership or other title documents for the vehicle.
SECTION 17. ORS 819.480 is amended to read:
819.480. (1) A person who is issued a vehicle appraiser
certificate by the Department of Transportation under this
section is qualified to appraise any vehicle, including vehicles
for sale under ORS 819.210 and { - 819.220 - } { +
819.215 + }.
(2) The department shall establish rules to provide for
issuance of vehicle appraiser certificates under this section.
Rules adopted by the department under this section shall provide
for all of the following:
(a) A method of ascertaining the qualifications and competence
of individuals to conduct vehicle appraisals in accordance with
the rules of the department and generally accepted methods of
appraisal.
Enrolled House Bill 2738 (HB 2738-A) Page 13
(b) A system for issuance of vehicle appraiser certificates to
persons who qualify under the rules of the department.
(c) Procedures and grounds for revocation or suspension of
vehicle appraiser certificates issued under this section if the
department determines the person holding the certificate has
violated the rules adopted by the department.
(d) A procedure for renewal of vehicle appraiser certificates
issued under this section.
(3) The department may establish rules to adopt educational
requirements for issuance or renewal of vehicle appraiser
certificates.
(4) Vehicle appraiser certificates issued under this section
are subject to the following:
(a) A certificate shall expire three years from the date of
issuance unless renewed according to the rules of the department.
(b) The department shall not issue a vehicle appraiser
certificate to a person until the person has paid the fee for
issuance of a vehicle appraiser certificate under ORS 822.700.
(c) The department shall not renew a vehicle appraiser
certificate issued under this section until the holder has paid
the fee for renewal of a vehicle appraiser certificate under ORS
822.700.
SECTION 18. { + ORS 819.220, 819.240, 819.250, 819.260 and
819.270 are repealed. + }
SECTION 19. { + The amendments to ORS 801.040, 809.700,
819.016, 819.040, 819.100, 819.110, 819.120, 819.140, 819.150,
819.160, 819.170, 819.180, 819.185, 819.190, 819.210, 819.215 and
819.480 by sections 1 to 17 of this 2009 Act and the repeal of
ORS 819.220, 819.240, 819.250, 819.260 and 819.270 by section 18
of this 2009 Act apply only to vehicles taken into custody under
ORS 819.110 to 819.215 on or after the effective date of this
2009 Act. Any vehicle taken into custody under ORS 819.110 to
819.215 before the effective date of this 2009 Act shall continue
to be governed by the law in effect immediately before the
effective date of this 2009 Act. + }
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Passed by House May 1, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 21, 2009
...........................................................
President of Senate
Enrolled House Bill 2738 (HB 2738-A) Page 14
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2738 (HB 2738-A) Page 15