Bill Text: OR HB2824 | 2013 | Regular Session | Enrolled

Oregon House Bill 2824 (Prior Session Legislation)

Bill Title: Relating to towing motor vehicles.

Sponsorship: Committee Bill

Status: (Passed) 2013-05-16 - Chapter 135, (2013 Laws): Effective date January 1, 2014. [HB2824 Detail]

Download: Oregon-2013-HB2824-Enrolled.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         House Bill 2824

Sponsored by COMMITTEE ON CONSUMER PROTECTION AND GOVERNMENT
  EFFICIENCY

                     CHAPTER ................

                             AN ACT

Relating to towing motor vehicles; amending ORS 98.854.

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

  SECTION 1. 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) 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) 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) 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) 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) 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

Enrolled House Bill 2824 (HB 2824-A)                       Page 1

  (B) Holding the personal property in the motor vehicle in a
secure manner.
  (j) 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  { + no + } parking
 { - prohibition; or - }  { +  sign that warns that parking is
prohibited 24 hours a day; 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.
                         ----------

Passed by House April 10, 2013

    .............................................................
                             Ramona J. Line, Chief Clerk of House

    .............................................................
                                     Tina Kotek, Speaker of House

Passed by Senate May 7, 2013

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2824 (HB 2824-A)                       Page 2

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2824 (HB 2824-A)                       Page 3