Bill Text: OR HB2269 | 2011 | Regular Session | Introduced

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Bill Title: Relating to towing.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2269 Detail]

Download: Oregon-2011-HB2269-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1815

                         House Bill 2269

Sponsored by Representative DEMBROW (at the request of former
  Representative Chuck Riley) (Presession filed.)

                             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.

  Establishes towing and storage rates for vehicles towed at
request of person other than owner or operator of vehicle.
  Prohibits tower from charging fee for storage of vehicle if
vehicle is not in physical possession of tower.
  Prohibits towers from charging gate fee after releasing vehicle
during normal business hours. Restricts amount tower may charge
for gate fee after normal business hours.

                        A BILL FOR AN ACT
Relating to towing; creating new provisions; and amending ORS
  98.854, 98.856 and 98.858.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2011 Act are added to
and made a part of ORS 98.854 to 98.862. + }
  SECTION 2.  { + When a tower tows a motor vehicle without the
prior consent or authorization of the owner or operator of the
motor vehicle, the tower may charge only the following maximum
rates for towing the following vehicles:
  (1) For a motor vehicle with a gross vehicle weight rating of
10,000 pounds or less, $145.
  (2) For a motor vehicle with a gross vehicle weight rating of
more than 10,000 pounds and less than 26,001 pounds, $240.
  (3) For a motor vehicle with a gross vehicle weight rating of
26,001 pounds or more, $300. + }
  SECTION 3.  { + (1) When a tower tows a motor vehicle without
the prior consent or authorization of the owner or operator of
the motor vehicle, the tower may charge only the following
maximum rates per day for storing the motor vehicle:
  (a) For a motor vehicle stored outside with a gross vehicle
weight rating of 10,000 pounds or less, $25.
  (b) For a motor vehicle stored inside with a gross vehicle
weight rating of 10,000 pounds or less, $30.
  (c) For a motor vehicle stored outside with a gross vehicle
weight rating of more than 10,000 pounds, $45.
  (d) For a motor vehicle stored inside with a gross vehicle
weight rating of more than 10,000 pounds, $70.
  (e) For a motor vehicle stored outside with a gross vehicle
weight rating of more than 10,000 pounds that is carrying
hazardous materials and that is subject to the rules adopted
under ORS 825.258, $100.
  (f) For a motor vehicle stored inside with a gross vehicle
weight rating of more than 10,000 pounds that is carrying
hazardous materials and that is subject to the rules adopted
under ORS 825.258, $150.
  (2) A tower may not charge for inside storage under this
section unless the owner or operator of the motor vehicle
requests inside storage.
  (3) For the purpose of calculating storage rates, if the first
six hours a motor vehicle is stored span more than one day, the
authorized storage fee is the charge for only one day. + }
  SECTION 4. ORS 98.854 is amended to read:
  98.854. (1) A tower may not:
  (a) Except as provided in subsection (3) of this section, tow a
motor vehicle from a parking facility without first contacting
the owner of the facility or the owner's agent at the time of the
tow.
  (b) Tow a motor vehicle from a parking facility if the parking
facility owner or owner's agent is an employee of a tower.
  (c) Tow a motor vehicle without providing to the owner or
operator of the motor vehicle the information required under ORS
98.856 in the manner required under ORS 98.856.
  (d) Charge more than a price disclosed under ORS 98.856.
   { +  (e) Charge for storage of a vehicle if the vehicle is not
in the physical possession of the tower. + }
    { - (e) - }  { +  (f) + } 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.
    { - (f) - }  { +  (g) + } Except as provided in subsection
(2) of this section, park a tow vehicle within 1,000 feet of a
parking facility for the purpose of monitoring the parking
facility for towing business.
    { - (g) - }  { +  (h) + } Provide consideration to obtain the
privilege of towing motor vehicles from a parking facility. For
the purposes of this paragraph, the provision of:
  (A) Signs by a tower under ORS 98.862 does not constitute
consideration.
  (B) Goods or services by a tower below fair market value
constitutes consideration.
    { - (h) - }  { +  (i) + } 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.
    { - (i) - }  { +  (j) + } 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.
    { - (j) - }  { +  (k) + } 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.
  (2) 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.
  (3) A tower may tow a motor vehicle if the motor vehicle:
  (a) Blocks or prevents access by emergency vehicles;
  (b) Blocks or prevents entry to the premises;
  (c) Blocks a parked motor vehicle;
  (d) Violates a prominently posted parking prohibition; or
  (e) Parks without permission in a parking facility used for
residents of an apartment and:
  (A) There are more residential units than there are parking
spaces;
  (B) The landlord has issued parking tags or other devices that
identify vehicles that are authorized to be parked on the
premises; and
  (C) There are signs posted that are clearly readable by an
operator of a motor vehicle in each parking stall or at each
entrance to the parking facility prohibiting or restricting
public parking on the parking facility.
  SECTION 5. ORS 98.856 is amended to read:
  98.856. (1) If the owner or operator of the motor vehicle is
present at the time of the tow, the tower shall release the motor
vehicle at no charge unless the hookup is complete. If the hookup
is complete, the tower shall release the motor vehicle and may
charge the owner or operator of the motor vehicle a fee that does
not exceed the charge to hook up for that type of tow as listed
in a written statement described in subsection (2)(a) of this
section.
  (2) 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  { +
including, if applicable, the rates described in sections 2 and 3
of this 2011 Act + };
  (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;
  (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.
  (3) If the owner or operator is present at the time of the tow,
the tower shall provide the information required under subsection
(2) of this section to the owner or operator of the motor vehicle
before towing the motor vehicle.
  (4) 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 (2) 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.
  (5)(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 (2) 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.
  (6) 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
(2) 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 6. ORS 98.858 is amended to read:
  98.858. (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
  (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) A tower may not charge the owner or person in lawful
possession of the motor vehicle a gate fee to release the motor
vehicle between the hours of 8 a.m. and 6 p.m. Monday through
Friday, excluding legal holidays.
  (4) A tower who charges a gate fee to release a motor vehicle
between the hours of 6 p.m. and 8 a.m. Monday through Friday, or
on a Saturday, a Sunday or a legal holiday, may not charge a gate
fee that exceeds the fee established under section 3 of this 2011
Act as the storage rate for the type of vehicle stored and the
manner in which the tower stored the vehicle. + }
    { - (3) - }  { +  (5) + } 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 7.  { + Sections 2 and 3 of this 2011 Act and the
amendments to ORS 98.854, 98.856 and 98.858 by sections 4 to 6 of
this 2011 Act apply to motor vehicles towed on or after the
effective date of this 2011 Act. + }
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