Bill Text: OR SB523 | 2011 | Regular Session | Introduced
Bill Title: Relating to vehicle towing.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB523 Detail]
Download: Oregon-2011-SB523-Introduced.html
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 2316
Senate Bill 523
Sponsored by Senator STARR (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.
Revises laws related to vehicle towing and foreclosure sales.
A BILL FOR AN ACT
Relating to vehicle towing; creating new provisions; and amending
ORS 87.166, 87.176, 87.186, 87.192, 87.196, 87.202, 87.206,
87.212, 98.835, 819.100, 819.150, 819.160, 819.170, 819.180,
819.210 and 819.215.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 87.166 is amended to read:
87.166. (1) Except as provided in subsection (2) of this
section, the liens created by ORS 87.152 to 87.162 { + , 98.812
or 819.160 + } attach to the chattels described in those sections
when:
(a) The services { + , storage + } or labor are performed or
the materials or money are furnished by the lien claimant to the
lien debtor; and
(b) The charges for the services { + , storage + } or labor
performed and materials or money furnished are due and the lien
debtor either knows or should reasonably know that the charges
are due.
(2) The lien created by ORS 87.162 attaches to the chattels
described in that section on the 20th day after rents or advances
occur or attaches when the occupant or tenant attempts to remove
the chattels from the premises while there are unpaid rents or
advances. A person claiming a lien under ORS 87.162 may take the
chattels subject to that lien into the possession of the person
when the lien attaches or at any time thereafter.
SECTION 2. ORS 87.176 is amended to read:
87.176. (1) When the lien claimed under ORS 87.152 to 87.162 is
for other than the storage of a chattel, if the lien claimant
incurs expenses in storing the chattel prior to foreclosure, the
lien claimant may charge reasonable fees for the storage of the
chattel for a period not exceeding six months from the date that
the lien attaches to the chattel. A lien claimant seeking to
recover storage fees for storage expenses incurred prior to
foreclosure shall send a written notice, within 20 days from the
date that the storage fees began to accrue, to the lien debtor
and every other person that requires notification under ORS
87.196. The claimant shall transmit the notice by { + first
class mail with proof of mailing or by + } certified mail. A
person notified under ORS 87.196 need not receive the notice
within the 20-day period, but within a reasonable time. If the
lien claimant fails to comply with the notice requirements of
this subsection, the lien claimant is limited to recovering
reasonable fees for the storage of the chattel prior to
foreclosure for a period of time not exceeding 20 days from the
date that the lien attached to the chattel.
(2) When the lien claimed under ORS 87.152 to 87.162 { + or
819.160 + } is for the storage of a chattel, the lien claimant
shall send a written notice stating that storage fees are
accruing, within 20 days after the chattel has been placed in
storage, to the lien debtor and every other person that requires
notification under ORS 87.196. The claimant shall transmit the
notice by { + first class mail with proof of mailing or by + }
certified mail. A person notified under ORS 87.196 need not
receive the notice within the 20-day period, but within a
reasonable time. If the claimant fails to comply with the notice
requirements of this subsection, the amount of the claimant's
lien shall be limited to a sum equal to the reasonable storage
expenses incurred within the 20-day period.
SECTION 3. ORS 87.186 is amended to read:
87.186. Foreclosure of liens created by ORS 87.152 to
87.162 { + , 98.812 or 819.160 + } by public sale shall occur in
the county { + , or in an adjacent county, + } in which the lien
claimant obtained possession of the chattel subject to the lien
from the lien debtor.
SECTION 4. ORS 87.192 is amended to read:
87.192. (1) Before a lien claimant forecloses a lien created by
ORS 87.152 to 87.162 { + , 98.812 or 819.160 + } by sale, the
lien claimant shall give notice of the foreclosure sale to the
lien debtor by first class mail with { - certificate - } { +
proof + } of mailing, registered mail or certified mail sent to
the lien debtor at the lien debtor's last-known address. The lien
claimant shall give notice of the foreclosure sale to the lien
debtor:
(a) Except as otherwise provided in this subsection, at least
30 days before the foreclosure sale.
{ - (b) If the lien is for the cost of removing, towing or
storage of a vehicle that is appraised at a value of $500 or less
by a person who holds a certificate issued under ORS 819.480, at
least 15 days before the foreclosure sale. - }
{ - (c) - } { + (b) + } If the lien is for the cost of
removing, towing or storage of a vehicle that is appraised at a
value of $1,000 or less { - but more than $500 - } by a person
who holds a { + vehicle appraiser + } certificate issued under
ORS 819.480, at least 15 days before the foreclosure sale.
{ - (d) If the lien is for the cost of removing, towing or
storage of a vehicle that is appraised at a value of more than
$1,000 by a person who holds a certificate issued under ORS
819.480, at least 30 days before the foreclosure sale. - }
(2) The lien claimant shall give public notice of the
foreclosure sale by posting notice of it in a public place
{ - at or near the front door of - } { + in + } the county
courthouse of the county in which the sale is to be held and,
except as provided in paragraph (b) of this subsection, in a
public place at the location where the lien claimant obtained
possession of the chattel to be sold from the lien debtor. The
following apply to notice under this subsection:
(a) Notice under this subsection must be given no later than
the time required for notice to a lien debtor under subsection
(1) of this section.
(b) This subsection does not require posting of notice at the
location where the chattel was obtained if the chattel is a
vehicle required to obtain a certificate of title issued under
ORS chapter 803.
(3) If the chattel to be sold at a foreclosure sale is
something other than an abandoned vehicle and has a fair market
value of $1,000 or more, or if the chattel to be sold is an
abandoned vehicle and has a fair market value of $2,500 or more,
the lien claimant, in addition to the notice required by
subsection (2) of this section, shall have a notice of
foreclosure sale printed once a week for two successive weeks in
a daily or weekly newspaper, as defined in ORS 193.010, published
in the county in which the sale is held or, if there is none, in
a daily or weekly newspaper, as defined in ORS 193.010, generally
circulated in the county in which the sale is held.
(4) The notice of foreclosure sale required under this section
shall contain a particular description of the property to be
sold, the name of the owner or reputed owner thereof, the amount
due on the lien, the time and the place of the sale and the name
of the person foreclosing the lien.
SECTION 5. ORS 87.196 is amended to read:
87.196. (1) A lien claimant who forecloses a lien created by
ORS 87.152 to 87.162 { + , 98.812 or 819.160 + } by sale shall
give notice of the foreclosure sale by first class { + mail with
proof of mailing + }, registered { + mail + } or certified mail.
The following apply:
(a) Notice shall be given to all persons with a security
interest in the chattel to be sold who have filed a financing
statement perfecting that security interest in the office of the
Secretary of State or in the office of the appropriate county
officer of the county in which the sale is held.
(b) Notwithstanding paragraph (a) of this subsection if the
chattel to be sold at the foreclosure sale is a chattel, other
than part of the motor vehicle inventory of a dealer issued a
vehicle dealer certificate under ORS 822.020, for which a
certificate of title is required by the laws of this state,
notice need only be given to persons who the certificate of title
indicates have a security interest or lien in the chattel.
(c) Notice under this subsection shall be given at least 30
days prior to the foreclosure sale. However, if the lien is
claimed under ORS 87.152 { + , 98.812 or 819.160 + }, the lien
claimant shall give the notice required by this subsection:
(A) Not later than the 20th day after the date on which the
storage charges begin;
(B) If no storage charges are imposed, not later than the 30th
day after the date on which the services provided are
completed; { + and + }
(C) At least 15 days prior to the foreclosure sale if the lien
is for the cost of removing, towing or storage of a vehicle that
is appraised at a value of $1,000 or less { - but more than
$500 - } by a person who holds a { + vehicle appraiser + }
certificate issued under ORS 819.480 { + . + } { - ; and - }
{ - (D) At least 15 days prior to the foreclosure sale if the
lien is for the cost of removing, towing or storage of a vehicle
that is appraised at a value of $500 or less by a person who
holds a certificate issued under ORS 819.480. - }
(2) A person notified under subsection (1) of this section may
discharge the lien and preserve the person's security interest in
the chattel by paying the lien claimant the amount of the lien
claim and reasonable expenses actually incurred in
{ - foreclosing - } { + filing + } the lien claim. If the
person does not so discharge the lien before the day of the
foreclosure sale, the person's security interest in the chattel
is extinguished on the day the foreclosure sale is completed.
(3) If the chattel to be sold at a foreclosure sale is a
chattel for which a certificate of title is required by the laws
of this state and if the lien claimant does not notify a person
as required by this section, the chattel remains subject to that
security interest or lien and the buyer of the chattel at a
foreclosure sale held under ORS 87.142 to 87.490 or 87.700 to
87.736 takes the chattel subject to the security interest or
lien.
(4) If a lien claimant does not notify a person { - , other
than a person - } indicated on a certificate of title as a
secured party or lienholder, who claims a security interest or
lien on the chattel sold at a foreclosure sale as required by
subsection (1) of this section, the lien claimant is liable to
that person for a sum equal to the fair market value of the
chattel sold at the foreclosure sale or the amount due that
person under the security agreement or lien at the time of the
foreclosure sale, whichever amount is less. The secured party or
other lien claimant may recover that sum by an action at law.
SECTION 6. ORS 87.202 is amended to read:
87.202. (1) A person who forecloses a lien created by ORS
87.152 to 87.162 { + , 98.812 or 819.160 + } by sale shall file a
statement of account verified by the oath of the person with the
recording officer of the county in which the sale took place
when:
(a) The chattel sold at the foreclosure sale has a fair market
value of $250 or more; or
(b) The chattel sold at the foreclosure sale is an animal
bearing a brand or other mark recorded with the State Department
of Agriculture under ORS chapter 604.
(2) The statement of account required under subsection (1) of
this section must contain:
(a) The amount of the lien claim and the cost of foreclosing
the lien;
(b) A copy of the published or posted notice of foreclosure
sale;
(c) The amount received for the chattel sold at the sale; and
(d) The name of each person who received proceeds from the
foreclosure sale as described in ORS 87.206 and the amount each
person received.
(3) A person filing a statement of account under this section
shall send a copy of the statement by registered or certified
mail to the owner of the chattel sold at the foreclosure sale.
The person filing the statement of account shall send the copy to
the last-known address of the owner. If the chattel sold at a
foreclosure sale is an animal bearing a brand or other mark
recorded with the State Department of Agriculture under ORS
chapter 604, a person filing a statement of account under this
section shall send a copy of the statement to the State
Department of Agriculture.
SECTION 7. ORS 87.206 is amended to read:
87.206. (1) The proceeds of a sale to foreclose a lien created
by ORS 87.152 to 87.162 { + , 98.812 or 819.160 + } shall be
applied in the following order:
(a) To the payment of the reasonable and necessary expenses of
the sale;
(b) To satisfy the indebtedness secured by the lien under which
the sale is made;
(c) Subject to subsection (2) of this section, to satisfy the
indebtedness secured by any subordinate lien or security
interest, in order of priority, in the chattel; { - and - }
{ - (d) To the treasurer of the county in which the
foreclosure sale is made. The payment to the treasurer must be
accompanied by a copy of the statement of account described in
ORS 87.202. - }
{ + (d) To the payment of court costs; and
(e) To be held for recovery by the lien claimant for the lien
debtor if a claim is made by the lien debtor within two years of
the date of the foreclosure sale. + }
(2) Proceeds may be applied under subsection (1)(c) of this
section if the person who forecloses a lien created by ORS 87.152
to 87.162 { + , 98.812 or 819.160 + } by sale receives a written
request for proceeds from the holder of any subordinate lien or
security interest before the day of the foreclosure sale. The
person foreclosing the lien may require the holder of the
subordinate lien or security interest to furnish reasonable proof
of the existence of the security interest or lien { + within 90
days after the date of the request + }. If the person foreclosing
the lien does not receive proof of the existence of the
subordinate security interest or lien, the person is not required
to apply proceeds of the sale to satisfy the indebtedness secured
by the subordinate security interest or lien.
{ + (3) If the proceeds of a sale to foreclose a lien created
by ORS 87.152 to 87.162, 98.812 or 819.160 do not cover the costs
described in subsection (1)(a) to (d) of this section, the
registered owner of the vehicle, as shown by records of the
Department of Transportation, is liable for the remaining balance
in addition to the following:
(a) The court costs associated with collecting the remaining
balance; and
(b) Interest on the amounts specified in subsection (1)(a) to
(d) of this section at the rate provided for judgments in ORS
82.010 for the period of time beginning on the date the costs
were incurred and ending upon recovery of the amounts under this
section. + }
{ - (3) If a county treasurer receives proceeds under
subsection (1) of this section, the county treasurer shall credit
the proceeds to the general revenue fund of the county, subject
to the right of the lien debtor or the representative of the lien
debtor, to reclaim the proceeds at any time within three years of
the date of deposit with the treasurer. If the proceeds are not
demanded and claimed within the three-year period, the proceeds
become the property of the county. - }
SECTION 8. ORS 87.212 is amended to read:
87.212. A person claiming a lien under ORS 87.152 to
87.162 { + , 98.812 or 819.160 + } for the storage of fungible
chattels { - shall - } { + may + } not sell more of those
chattels than is necessary to pay charges due that person for the
storage. If a person unnecessarily sells fungible chattels
without the consent of the owner thereof, the person shall, for
each offense, forfeit to the owner of the chattels a sum equal to
the fair market value of the chattels unnecessarily sold and 50
percent of the fair market value in addition as a penalty. The
owner shall recover such value and penalty by an action at law.
SECTION 9. ORS 98.835 is amended to read:
98.835. (1) A tower who tows a vehicle pursuant to ORS 98.830
is immune from civil liability for towing the vehicle if the
tower has a form described in ORS 98.830 (2), filled out by a
person purporting to be the owner or a person in lawful
possession of the private property from which the 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 vehicle that occurs during the course
of the towing.
(2) The tower who tows a vehicle pursuant to ORS 98.830 is
entitled to a lien on the towed vehicle and its contents for the
tower's just and reasonable charges. The tower may retain
possession of the towed vehicle until the just and reasonable
charges for the { - towage - } { + towing + }, care and
storage of the towed vehicle have been paid { + or the tower has
foreclosed on the lien in the manner provided in this section
+ }if the tower complies with the following requirements:
(a) The tower shall notify the local law enforcement agency of
the location of the towed vehicle within one hour after the towed
vehicle is placed in storage;
(b) If the towed vehicle is registered in Oregon, the tower
shall give notice by first class mail with a
{ - certificate - } { + proof + } of mailing, within 15 days
after the towed vehicle is placed in storage, to the owner of the
towed vehicle and any other person with an interest in the towed
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 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 - } { +
towing + }, care and storage of the towed vehicle; and
(c) If the towed vehicle is not registered in Oregon, the tower
shall, within 15 days after the towed vehicle is placed in
storage, notify and request the title information and the name
and address of the owner of the towed vehicle from the motor
vehicle agency for the state in which the towed vehicle is
registered. The tower shall have 15 days from the date of receipt
of the information from the state motor vehicle agency to notify
the owner of the towed vehicle or any other person with an
interest in the towed vehicle, as indicated by the certificate of
title. If notice under this paragraph is given by { - mail,
it - } { + first class mail with proof of mailing, the
notice + } 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
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 towed vehicle and receipt of information from the
state motor vehicle agency for { - towage - } { + towing + },
care and storage of the towed vehicle.
(3) The lien created by subsection (2) 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 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 towing and
disposition of the abandoned vehicle.
{ - (3) A vehicle abandoned in violation of this section is
subject to the provisions for towing and sale of abandoned
vehicles under ORS 819.110 to 819.215. - }
{ + (3) A vehicle abandoned in violation of this section may
be removed and taken into custody under ORS 819.110 or 819.120
and sold or disposed of as described in ORS 819.210 or
819.215. + }
(4) The offense described in this section, abandoning a
vehicle, is a Class B traffic violation.
SECTION 11. 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
towing, { + selling of the vehicle and its contents, + }
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 819.215 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, 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 87.206.
(6) Has no right to a hearing if the vehicle { - is disposed
of - } { + is a vehicle described + } under ORS 819.215.
SECTION 12. 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 { + vehicle appraiser + } 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 { + vehicle appraiser + }
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 that tows the vehicle fails to comply with the
notice requirements { - of subsection (3) of this section - }
{ + under ORS 87.176 + }, the amount of any lien claimed under
this 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 is
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 { - : - }
{ + to personal property of an emergency nature for the first
15 days after taking the vehicle into custody. + }
{ - (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 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 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. - }
{ + (3) 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 13. 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 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 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 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. - }
{ + (e) That the vehicle will be sold if the towing and
storage charges are not paid by the foreclosure date and the
proceeds of the sale will be applied toward the costs of towing
and storing the vehicle, the lien fees and the costs incurred in
the sale of the vehicle.
(f) That, if the sale of the vehicle does not cover the costs
described in paragraph (e) of this subsection, the registered
owner of the vehicle, as shown by records of the Department of
Transportation, is liable for any remaining costs as described in
ORS 87.206. + }
{ - (f) - } { + (g) + } 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 towing if a hearing is timely requested.
{ - (g) - } { + (h) + } 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) - } { + (i) + } The time within which a hearing
must be requested and the method for requesting a hearing.
SECTION 14. 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 { + mail with proof
of mailing + } { + within three business days of the tow, + }
{ - certified mail within 48 hours of the 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 - } { + three-day + } 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 towed shall state all of the following:
(a) That the vehicle has been taken into custody and towed, the
identity of the appropriate authority that took the vehicle into
custody and towed the vehicle and the statute, ordinance or rule
under which the vehicle has been taken into custody and 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 towing and storing charges, the lien fees and the
costs incurred in the sale of the vehicle + } { - of the towing
and storage charges - } and that the vehicle and its contents
will be sold to cover the { - charges - } { + costs + } if
the { - charges - } { + costs + } are not paid by a date
specified by the { - appropriate authority - } { + lien
notice + }.
{ + (e) That, if the sale of the vehicle does not cover the
costs described in paragraph (d) of this subsection, the
registered owner of the vehicle, as shown by records of the
department, is liable for any remaining costs as described in ORS
87.206. + }
{ - (e) - } { + (f) + } 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 towing it and to contest the reasonableness of
the charges for towing and storage if a hearing is timely
requested.
{ - (f) - } { + (g) + } The time within which a hearing
must be requested and the method for requesting a hearing.
{ - (g) - } { + (h) + } That the vehicle and its contents
may be immediately reclaimed by presentation to the appropriate
authority { + or to the person who towed the vehicle at the
request of 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 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 person that towed the vehicle shall either:
(a) Sell the vehicle and its contents at { - public
auction - } { + a foreclosure sale + } 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.
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 { + vehicle appraiser + }
certificate issued under ORS 819.480, the person that towed 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, { + sell or + } 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 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 { + sell or + } dispose of the vehicle as provided in
ORS 819.210.
(5) { + Sale or + } disposal of a vehicle { - to a
dismantler - } as provided in this section extinguishes all
prior ownership and possessory rights.
(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 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. { + The amendments to ORS 87.166, 87.176, 87.186,
87.192, 87.196, 87.202, 87.206, 87.212, 98.835, 819.100, 819.150,
819.160, 819.170, 819.180, 819.210 and 819.215 by sections 1 to
16 of this 2011 Act apply to vehicles towed on or after the
effective date of this 2011 Act. + }
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