2007 Oregon Code - Chapter 819 :: Chapter 819 - Destroyed - Totaled - Abandoned - Low-Value and Stolen Vehicles - Vehicle Identification Numbers - Vehicle Appraisers
Chapter 819 —
Destroyed, Totaled, Abandoned, Low-Value and Stolen Vehicles;
Vehicle
Identification Numbers; Vehicle Appraisers
2007 EDITION
DESTROYED VEHICLES; NUMBERS; APPRAISERS
DESTROYED AND TOTALED VEHICLES
819.010Â Â Â Â Failure
to comply with requirements for destruction of vehicle; exception; penalty
819.012Â Â Â Â Failure
to follow procedures for a totaled vehicle; penalty
819.014Â Â Â Â Insurer
failure to follow procedures for totaled vehicle; penalty
819.016Â Â Â Â When
salvage title required; rules
819.018Â Â Â Â Failure
to notify subsequent purchaser of condition of vehicle; rules; penalty
819.030Â Â Â Â Department
procedure on receipt of title or notice
819.040Â Â Â Â Illegal
salvage procedures; penalty
ABANDONED VEHICLES
(Offense)
819.100Â Â Â Â Abandoning
a vehicle; penalty
(Custody and Removal)
819.110Â Â Â Â Removal
and sale of abandoned vehicle; general provisions
819.120Â Â Â Â Immediate
custody and removal of vehicle constituting hazard; rules
819.140Â Â Â Â Agencies
having authority to remove vehicles; powers of agency taking custody
819.150Â Â Â Â Rights
and liabilities of owner
819.160Â Â Â Â Lien
for towing
819.170Â Â Â Â Notice
prior to removal; methods; contents
819.180Â Â Â Â Notice
after removal; method; contents
819.185Â Â Â Â Procedure
for vehicles that have no identification markings
819.190Â Â Â Â Hearing
to contest validity of removal and custody
819.200Â Â Â Â Exemption
from notice and hearing requirements for vehicle held in criminal investigation
(Disposal of Vehicle)
819.210Â Â Â Â
819.215Â Â Â Â Disposal
of vehicle appraised at $500 or less; rules
819.220Â Â Â Â Disposal
of vehicle without notice and public auction
819.240Â Â Â Â Certificate
of sale; issuing title and registration card for vehicle
819.250Â Â Â Â Return
of sale; proceeds
819.260Â Â Â Â Claim
by former owner to proceeds of sale
(Related Offense)
819.270Â Â Â Â Illegal
operation of junk vehicle sold by public body; penalty
VEHICLES WITH LOW APPRAISAL VALUE
819.280Â Â Â Â Disposal
of vehicle at request of person in lawful possession; rules
STOLEN VEHICLES
819.300Â Â Â Â Possession
of a stolen vehicle; penalty
819.310Â Â Â Â Trafficking
in stolen vehicles; penalty
VEHICLE IDENTIFICATION NUMBERS
819.400Â Â Â Â Assignment
of numbers
819.410Â Â Â Â Failure
to obtain vehicle identification number for unnumbered vehicle; exception;
penalty
819.420Â Â Â Â Failure
to obtain vehicle identification number for vehicle with altered or removed
number; penalty
819.430Â Â Â Â Trafficking
in vehicles with destroyed or altered identification numbers; penalty
819.440Â Â Â Â Police
seizure of vehicle without identification number; inspection; disposition of
vehicle; disposition of moneys from sale
VEHICLE APPRAISERS
819.480Â Â Â Â Vehicle
appraiser certificate; rules
819.482Â Â Â Â Acting
as vehicle appraiser without certificate; penalty
DESTROYED AND TOTALED VEHICLES
     819.010
Failure to comply with requirements for destruction of vehicle; exception;
penalty. (1) A person
commits the offense of failure to comply with requirements for destruction of a
vehicle if the person wrecks, dismantles, disassembles or substantially alters
the form of any vehicle that is or is required to be registered or titled under
the vehicle code or under ORS chapter 826 and the person does not comply with
all of the following:
     (a) The person must give notice to the
Department of Transportation, in a form specified by the department, of the
personÂ’s intention to dismantle, disassemble, wreck or substantially alter the
form of the vehicle at least seven days prior to commencement thereof.
     (b) If the vehicle is visible from a
public right of way, the person must complete the wrecking, dismantling, disassembling
or substantial alteration of form within 30 days from the commencement thereof.
     (c) If the vehicle is registered by this
state, the person must deliver or mail to the department the registration card,
certificate of title, if one has been issued, and registration plates of the
vehicle within 30 days after the person wrecks, dismantles, disassembles or
substantially alters the form of the vehicle.
     (d) If no certificate of title has been
issued for the vehicle, the person must notify the department in a manner
determined by the department by rule within 30 days after the person wrecks,
dismantles, disassembles or substantially alters the form of the vehicle.
     (e) If required to do so under ORS
819.016, the person shall apply for a salvage title for the vehicle.
     (2) This section does not apply to persons
who are acting within the scope of a dismantler certificate issued under ORS
822.110.
     (3) The offense described in this section,
failure to comply with requirements for destruction of vehicle, is a Class A
misdemeanor. [1983 c.338 §193; 1985 c.16 §68; 1985 c.401 §2; 1991 c.407 §33;
1991 c.873 §36; 1993 c.233 §57; 1993 c.751 §75; 2005 c.654 §27; 2007 c.683 §1]
     819.012
Failure to follow procedures for a totaled vehicle; penalty. (1) A person other than an insurer commits
the offense of failure to follow procedures for a totaled vehicle if the
person:
     (a) Is the registered owner of a vehicle
that is a totaled vehicle as defined in ORS 801.527 (1) and does not surrender
the certificate of title for the vehicle either to the Department of
Transportation or to the insurer within 30 days of the declaration or other
relevant act by the insurer.
     (b) Is the registered owner of a vehicle
that is a totaled vehicle as defined in ORS 801.527 (2) and does not notify the
department of the status of the vehicle within 30 days of the day that the
vehicle became a totaled vehicle.
     (c) Is the registered owner of a vehicle
that is a totaled vehicle as defined in ORS 801.527 (3) and does not surrender
the certificate of title for the vehicle to the department within 30 days of
the date the vehicle became a totaled vehicle.
     (d) Receives or purchases a totaled
vehicle and does not surrender the certificate of title for the vehicle to the
department within 30 days of purchase or receipt of the vehicle.
     (2) A person is not required to surrender
the certificate of title if the person is unable to obtain the certificate for
the vehicle. If the person is unable to obtain the certificate, the person
shall notify the department that the vehicle is a totaled vehicle and shall
notify the department of the reason that the person is unable to surrender the
certificate.
     (3) If the vehicle is one for which title
was issued in a form other than a certificate, the person shall notify the
department that the vehicle is a totaled vehicle and shall follow procedures
adopted by the department by rule.
     (4) The offense described in this section,
failure to follow procedures for a totaled vehicle, is a Class A misdemeanor. [1991
c.820 §4; 1993 c.233 §58]
     819.014
Insurer failure to follow procedures for totaled vehicle; penalty. (1) An insurer commits the offense of
insurer failure to follow procedures for a totaled vehicle if the insurer
declares that the vehicle is a totaled vehicle and does not:
     (a) Obtain the certificate of title from
the owner of the vehicle as a condition of settlement of the claim and
surrender it to the Department of Transportation within 30 days of its receipt;
or
     (b) If the insurer does not obtain the
certificate from the registered owner, notify the department that the vehicle
is a totaled vehicle within 30 days of declaring it to be so, or taking title
to or possession of it, and notify the registered owner of the vehicle that the
registered owner must surrender the certificate to the department and must
notify any subsequent purchaser that the vehicle is a totaled vehicle.
     (2) If the vehicle is one for which title
was issued in a form other than a certificate, the insurer shall notify the
department that the vehicle is a totaled vehicle and shall follow procedures
adopted by the department by rule.
     (3) The offense described in this section,
insurer failure to follow procedures for a totaled vehicle, is a violation of
the Insurance Code, as provided in ORS 746.308. [1991 c.820 §4a; 1993 c.233 §59]
     819.016
When salvage title required; rules. (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 a vehicle under the provisions of ORS 819.220, 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. [1991 c.820 §23; 1991 c.873 §26;
1993 c.233 §60]
     819.018
Failure to notify subsequent purchaser of condition of vehicle; rules; penalty. (1) A person commits the offense of failure
to notify a subsequent purchaser of the condition of a vehicle if the person
sells a totaled vehicle and does not provide the purchaser with a salvage title
certificate or, if no certificate is required as evidence of salvage title,
does not comply with rules adopted by the Department of Transportation for
notification of salvage title without a certificate.
     (2) The offense described in this section,
failure to notify a subsequent purchaser of the condition of a vehicle, is a
Class A misdemeanor when committed by someone other than an insurer. [1991
c.820 §§5,22; 1993 c.233 §61]
     819.020 [1983 c.338 §195; 1985 c.16 §69; 1985 c.176 §1;
1987 c.119 §5; repealed by 1991 c.820 §20]
     819.030
Department procedure on receipt of title or notice. The Department of Transportation shall
comply with the following procedures upon receiving a certificate of title or
other notice in accordance with the provisions of ORS 819.010, 819.012 or
819.014:
     (1) If the department is satisfied that
the vehicle is totaled, wrecked, dismantled, disassembled or substantially
altered, the department shall cancel and retire the registration and title of
the vehicle. Except for issuance of a salvage title, the department shall not
register or title the vehicle again unless:
     (a) The department is satisfied that the
original title certificate, if any, was surrendered in error or that notice was
submitted in error and the record canceled in error;
     (b) The vehicle is registered or titled as
an assembled vehicle, a reconstructed vehicle or a replica; or
     (c) The vehicle is recovered after a theft
if the theft is the reason that the vehicle was considered a totaled vehicle.
     (2) If the department is satisfied that
the vehicle is totaled, wrecked, dismantled or disassembled, the department may
issue a proof of compliance form if no salvage title is issued for the vehicle.
[1983 c.338 §196; 1985 c.176 §2; 1985 c.401 §3; 1987 c.119 §6; 1991 c.820 §8;
1991 c.873 §38; 1993 c.233 §62]
     819.040
Illegal salvage procedures; penalty. (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:
     (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. [1983 c.338 §197; 1985
c.16 §70; 1991 c.873 §39; 1993 c.233 §63; 1993 c.326 §3; 2005 c.654 §28; 2005
c.738 §3]
ABANDONED
VEHICLES
(Offense)
     819.100
Abandoning a vehicle; penalty.
(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 and disposition of the abandoned
vehicle.
     (3) A vehicle abandoned in violation of
this section is subject to the provisions for removal of abandoned vehicles
under ORS 819.110 and 819.120 and to being sold as provided under ORS 819.210
or 819.220.
     (4) The offense described in this section,
abandoning a vehicle, is a Class B traffic violation. [1983 c.338 §677; 1995
c.758 §7]
(Custody and
Removal)
     819.110
Removal and sale of abandoned vehicle; general provisions. (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 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 take vehicles into custody is in addition to any authority to remove
and take vehicles into custody under ORS 819.120.
     (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 a vehicle under
this section shall cause 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 under ORS 819.210 or 819.220 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. [1983 c.338 §417;
1995 c.758 §8]
     819.120
Immediate custody and removal of vehicle constituting hazard; rules. (1) An authority described under ORS 819.140
may immediately take custody of 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 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 take vehicles into custody is in addition to any authority 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 a vehicle under
this section shall cause 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 under ORS 819.210
or 819.220 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. [1983 c.338 §418; 1985 c.77 §1;
1991 c.464 §1; 1995 c.758 §9; 2007 c.509 §1]
     819.130 [1983 c.338 §419; 1985 c.16 §221; 1993 c.385
§4; repealed by 1995 c.758 §23]
     819.140
Agencies having authority to remove vehicles; powers of agency taking custody. (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 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. Authority for removal of a vehicle 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. 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.
     (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 and preservation of such vehicles; or
     (b) Hire or otherwise engage other
personnel, equipment and facilities for that purpose. [1983 c.338 §420; 1985
c.16 §222; 1995 c.758 §10; 2003 c.819 §1]
     819.150
Rights and liabilities of owner. 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, 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 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, 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.
     (6) Has no right to a hearing if the
vehicle is disposed of under ORS 819.215 or 819.280. [1983 c.338 §421; 1985
c.316 §2; 1993 c.233 §64; 1993 c.385 §§5,5a; 1995 c.79 §378; 1995 c.758 §11;
2005 c.738 §4]
     819.160
Lien for towing. (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 tows the vehicle fails to comply with the notice requirements of
subsection (3) of this section, the amount of any lien claimed under this
paragraph shall be 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 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 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. [1983 c.338 §422; 1985 c.16 §223; 1993 c.326 §5; 1993
c.385 §6; 1995 c.79 §379; 1995 c.758 §12; 2007 c.538 §15]
     819.170
Notice prior to removal; methods; contents. 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 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.
     (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 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 if a hearing is
timely requested.
     (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. [1983 c.338 §423; 1985
c.316 §3; 1993 c.385 §§7,7a; 1995 c.758 §13]
     819.180
Notice after removal; method; contents. (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,
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 shall state all of the
following:
     (a) That the vehicle has been taken into custody
and removed, the identity of the appropriate authority that took the vehicle
into custody and removed the vehicle and the statute, ordinance or rule under
which the vehicle has been taken into custody and removed.
     (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
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. [1983 c.338 §424; 1985 c.316 §4;
1993 c.385 §8; 1995 c.758 §14]
     819.185
Procedure for vehicles that have no identification markings. 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
and disposed of as though notice and an opportunity for a hearing had been
given. [1995 c.758 §22]
     819.190
Hearing to contest validity of removal and custody. 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 and custody under ORS 819.120 or proposed removal 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 a
vehicle under ORS 819.110 receives a request for hearing before the vehicle is
taken into custody and removed, the vehicle shall not be removed 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 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 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 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, the appropriate authority shall order its
removal.
     (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 personÂ’s
failure to appear.
     (6) An appropriate authority is only
required to provide one hearing under this section for each time the
appropriate authority takes a vehicle into custody and removes 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 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. [1983
c.338 §425; 1985 c.16 §224; 1985 c.316 §5]
     819.200
Exemption from notice and hearing requirements for vehicle held in criminal
investigation. A vehicle
that is being held as part of any criminal investigation is not subject to any
requirements under ORS 819.170 to 819.190 unless the criminal investigation
relates to the theft of the vehicle. [1983 c.338 §426; 1993 c.385 §9]
(Disposal of
Vehicle)
     819.210
     (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. [1983 c.338 §427; 1995 c.758 §15]
     819.215
Disposal of vehicle appraised at $500 or less; rules. (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 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, 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.
     (4) Disposal of a vehicle to a dismantler
as provided in this section extinguishes all prior ownership and possessory
rights.
     (5) 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 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. [1993 c.326 §2; 1995 c.758 §16; 2005 c.654 §29]
     Note: 819.215 was added to and made a part of ORS
chapter 819 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     819.220
Disposal of vehicle without notice and public auction. (1) If a vehicle taken into custody under
ORS 819.110 or 819.120 is appraised at a value of $1,000 or less, or if it is
an abandoned vehicle appraised at a value of $1,000 or less but more than $500,
the authority with custody of the vehicle may dispose of the vehicle without
notice and public auction if any of the following occur:
     (a) The owner of the vehicle and any
lessor or security interest holder shown in the records of the Department of
Transportation sign a release, under oath, disclaiming any future interest in
the vehicle.
     (b) The owner and any lessor or security
interest holder shown in the records of the department have been sent
notification of the location of the vehicle and, within 15 days after the date
the notification is mailed, the persons notified have not signed releases or
the vehicle has not been reclaimed. Failure to sign a release or to reclaim the
vehicle shall constitute a waiver of interest in the vehicle.
     (2) Upon completion of the requirements
under this section, the authority may sell the vehicle without notice and
public auction to any of the persons described in this subsection. The
authority shall issue to the person purchasing the vehicle a certificate of
sale described under ORS 819.240 and shall notify the person that the person
might be required by the provisions of ORS 819.016 to apply for a salvage
title. The authority may sell a vehicle under this subsection to any of the
following:
     (a) A dismantler with a certificate issued
under ORS 822.110.
     (b) Any other person who complies with the
provisions of ORS 819.010.
     (3) Upon disposition of a vehicle under
this section the vehicle shall cease to be a vehicle for purposes of the
vehicle code, except as provided in the following:
     (a) The person purchasing the vehicle is
subject to the provisions of ORS 819.010 and 819.040 relating to salvage
procedures and requirements for destruction of vehicles.
     (b) The provisions of ORS 819.030 apply to
the procedures of the department relating to the vehicle, as appropriate.
     (4) The authority to sell or dispose of a
vehicle under this section is in addition to any authority under ORS 819.210. [1983
c.338 §428; 1985 c.16 §225; 1985 c.316 §6; 1991 c.873 §40; 1993 c.326 §7; 1993
c.751 §76; 1995 c.758 §17; 2005 c.654 §30]
     819.230 [1983 c.338 §810; 2007 c.630 §4; renumbered
819.480 in 2007]
     819.240
Certificate of sale; issuing title and registration card for vehicle. (1) When any vehicle is sold under ORS
819.210 or 819.220, the authority selling the vehicle under that section, at
the time of the payment of the purchase price, shall execute a certificate of
sale in duplicate. The original certificate of sale shall be delivered to the
purchaser and the copy shall be retained by the authority. The certificate of
sale shall contain the name and address of the purchaser, the date of sale, the
consideration paid, a description of the vehicle and a stipulation that no
warranty is made as to the condition or title of the vehicle.
     (2) The purchaser, upon presentation of
the certificate of sale to the Department of Transportation and payment of the
fees required by law, is entitled to be issued title and a registration card
for the vehicle or to be issued a salvage title, as appropriate. [1983 c.338 §429;
1991 c.873 §41; 1993 c.233 §65]
     819.250
Return of sale; proceeds.
(1) When any vehicle is sold under ORS 819.210 or 819.220, the authority
selling the vehicle shall transmit to the Department of Transportation, and to
the treasurer of that authority, a return of sale setting forth:
     (a) A description of the vehicle;
     (b) The purchase price;
     (c) The name and address of the purchaser;
     (d) The costs incurred in the sale; and
     (e) The costs and expenses incurred in the
removal, preservation and custody of the vehicle.
     (2) The authority selling the vehicle
under ORS 819.210 or 819.220 shall transmit to the treasurer of that authority,
with the return of sale, the balance of the proceeds of the sale. The authority
may deduct from the proceeds the costs incurred in the sale and the costs and
expenses incurred in the removal, preservation and custody of the vehicle. Upon
receipt of the return of sale and such proceeds, the treasurer of the authority
shall deposit such proceeds in the general fund of the authority and file in
the treasurer’s office the return of sale. [1983 c.338 §430; 1985 c.16 §226;
1985 c.94 §1]
     819.260
Claim by former owner to proceeds of sale. At any time within two years after the sale of a vehicle under ORS
819.210, the former owner or former interest holder of the vehicle may recover
the proceeds from the general fund of the selling authority under ORS 819.250
by filing a claim with the authority. The claim shall be audited and paid as
are other claims against the authority. [1983 c.338 §431; 1985 c.316 §7]
(Related
Offense)
     819.270
Illegal operation of junk vehicle sold by public body; penalty. (1) A person commits the offense of illegal
operation of a junk vehicle sold by a public body if the person operates a
vehicle previously sold under ORS 819.220 and the vehicle is not registered as
a reconstructed vehicle, an assembled vehicle or a replica.
     (2) The offense described in this section,
illegal operation of a junk vehicle sold by a public body, is a Class C
misdemeanor. [1983 c.338 §432; 1987 c.119 §7]
VEHICLES WITH
LOW APPRAISAL VALUE
     819.280
Disposal of vehicle at request of person in lawful possession; rules. (1) A person may make a request to an
authority described in ORS 819.140 (1)(b) or (c) to dispose of a vehicle that
is on the private property of the person and that is appraised at a value of
$500 or less, as determined by a holder of a certificate issued under ORS
819.480, if the person is in lawful possession of the vehicle. For the purposes
of this subsection, a person need not have the certificate of title to be in
lawful possession of the vehicle.
     (2) If the authority requested to dispose
of a vehicle under subsection (1) of this section chooses to dispose of the
vehicle, the authority shall do all of the following:
     (a) Photograph the vehicle.
     (b) Verify that the person is in lawful
possession of the vehicle.
     (c) Provide notification to the person
requesting the disposal and the Department of Transportation of all of the
following:
     (A) The name and address of the person
requesting the disposal;
     (B) The vehicle identification number;
     (C) The appraised value of the vehicle;
     (D) The appraiser’s certificate number and
signature; and
     (E) The name and address of the authority
disposing of the vehicle.
     (d) Dispose of the vehicle and its
contents to a person who holds a valid dismantler certificate issued under ORS
822.110.
     (3) The authority disposing of the vehicle
may charge the person requesting the disposal a fee to dispose of the vehicle.
     (4) Disposal of a vehicle to a dismantler
as provided in this section extinguishes all prior ownership and possessory
rights.
     (5) The department shall adopt rules
specifying the form in which notification required by subsection (2) of this
section shall be submitted and what additional information shall be conveyed to
the department.
     (6) In lieu of submitting ownership or
other title documents for the vehicle, the authority disposing of the vehicle
may submit to the dismantler a copy of the notification provided to the
department under subsection (2) of this section. [2005 c.738 §2; 2005 c.738 §2a]
STOLEN
VEHICLES
     819.300
Possession of a stolen vehicle; penalty. (1) A person commits the offense of possession of a stolen vehicle if
the person possesses any vehicle which the person knows or has reason to believe
has been stolen.
     (2) The offense described in this section,
possession of a stolen vehicle, is a Class C felony. [1983 c.338 §297]
     819.310
Trafficking in stolen vehicles; penalty. (1) A person commits the offense of trafficking in stolen vehicles if
the person receives or transfers possession of a vehicle which the person knows
or has reason to believe has been stolen with intent to obtain, transfer or
sell title to the vehicle.
     (2) The offense described in this section,
trafficking in stolen vehicles, is a Class C felony. [1983 c.338 §298; 1985
c.16 §121]
VEHICLE
IDENTIFICATION NUMBERS
     819.400
Assignment of numbers. The
Department of Transportation shall provide vehicle identification numbers for
vehicles required to be registered in this state and components of such
vehicles as the department determines necessary if the vehicles or components
do not have vehicle identification numbers. The authority granted by this
section is subject to the following:
     (1) A vehicle identification number provided
under this section shall be assigned by the department and permanently attached
to the vehicle or component as prescribed by the department.
     (2) A vehicle identification number
provided under this section shall be furnished by the department.
     (3) The vehicle identification number
shall be affixed on an appropriate place on the vehicle or component by the
department or, at the discretion of the department, by a police agency that has
custody of the vehicle or component.
     (4) The department shall not assign a
vehicle identification number to a vehicle or component from which the
identification number assigned to the vehicle or component has been removed,
defaced, covered, altered or destroyed unless the vehicle or component has
been:
     (a) Held and inspected by a police agency
under ORS 819.440; or
     (b) Inspected by a specially qualified
inspector or police officer for the purpose of locating the identification
number and if the number is found it shall be checked with the list of stolen
vehicles maintained by the
     819.410
Failure to obtain vehicle identification number for unnumbered vehicle;
exception; penalty. (1) A
person commits the offense of failure to obtain a vehicle identification number
for an unnumbered vehicle if the person is the owner of a vehicle that has
never carried a vehicle identification number and the person does not obtain a
vehicle identification number for the vehicle in the manner provided under ORS
819.400.
     (2) This section does not apply to
vehicles that are exempt from registration under ORS 803.305 or from titling
under ORS 803.030.
     (3) The offense described in this section,
failure to obtain a vehicle identification number for an unnumbered vehicle, is
a Class D traffic violation. [1983 c.338 §294; 1985 c.253 §10; 1995 c.383 §97]
     819.420
Failure to obtain vehicle identification number for vehicle with altered or
removed number; penalty. (1)
A person commits the offense of failure to obtain a vehicle identification
number for a vehicle with an altered or removed number if the person has a
vehicle or vehicle component returned under ORS 819.440 and the person does not
obtain a vehicle identification number for the vehicle or component in the
manner provided under ORS 819.400.
     (2) The offense described in this section,
failure to obtain a vehicle identification number for a vehicle with an altered
or removed number, is a Class C misdemeanor. [1983 c.338 §295; 1985 c.393 §7]
     819.430
Trafficking in vehicles with destroyed or altered identification numbers;
penalty. (1) A person
commits the offense of trafficking in vehicles with destroyed or altered
identification numbers if the person knowingly buys, sells, receives, disposes
of, conceals or has in the personÂ’s possession any vehicle or component from
which the vehicle identification number has been removed, defaced, covered,
altered or destroyed for the purpose of concealing or misrepresenting the
identity of the vehicle or component.
     (2) The offense described in this section,
trafficking in vehicles with destroyed or altered identification numbers, is a
Class A misdemeanor. [1983 c.338 §296]
     819.440
Police seizure of vehicle without identification number; inspection;
disposition of vehicle; disposition of moneys from sale. When a police officer discovers a vehicle or
component, including a transmission, engine or other severable portion of a
vehicle which possesses or did possess an identification number, from which the
vehicle identification number assigned to the vehicle or component has been
removed, defaced, covered, altered or destroyed the police officer may seize
and hold it for identification and disposal as provided under the following:
     (1) The police agency having custody of
the property shall have a specially qualified inspector or police officer
inspect the property for the purpose of locating the identification number.
     (2) If the identification number is found
it shall be checked with the list of stolen vehicles maintained by the
     (3) If the identification number is not
found the police agency shall apply to the Department of Transportation for
renumbering under ORS 819.400.
     (4) When the property is not listed as
stolen and the identification number is established, the property shall be
returned to the person from whom it was seized if:
     (a) The person can establish that the
person is the owner of the property;
     (b) The person executes a good and valid
surety bond in an amount at least equal to the market value of the property and
conditioned upon return of the property to the owner, if one can be
established; or
     (c) The person has a certificate as a
vehicle dealer issued under ORS 822.020 or a dismantler certificate issued
under ORS 822.110.
     (5) If the person to whom the property was
returned does not establish the personÂ’s ownership of the property, the police
agency shall make reasonable efforts to determine the names and addresses of
the owner and all persons of record having an interest in the property. If the
police agency is able to determine the names and addresses of the owner and
such other interested persons it shall immediately notify the owner by
registered or certified mail of the disposition of the property.
     (6) If the identification number of property
seized is not established or if the property is reported as stolen the police
agency having custody of the property shall do all of the following:
     (a) After making reasonable efforts to
ascertain the names and addresses of the owner and all persons of record having
an interest in the property, notify the person from whom the property was
seized, and the owner and such other persons if they can be ascertained, of
their right to respond within 60 days from the issuance of the notice through
court action for the return of the seized property.
     (b) Advertise, as required by this
subsection, the taking of the property, the description thereof and a statement
of the rights of an owner or other persons of record having an interest in the
property to respond through court action for the return of the seized property.
     (c) Place the advertisement in a daily
newspaper published in the city or county where the property was taken, or if a
daily newspaper is not published in such city or county, in a newspaper having
weekly circulation in the city or county, once a week for two consecutive weeks
and by handbills posted in three public places near the place of seizure.
     (7) If court action is not initiated
within 60 days from the issuance of notice the property shall be sold at public
auction by the sheriff or other local police agency having custody of the
property.
     (8) Property seized and held by or at the
direction of the Department of State Police shall be delivered to the sheriff
of the county in which the vehicle was located at the time it was taken into
custody for sale under this subsection.
     (9) The sheriff or other local police
agency, after deducting the expense of keeping the property and the cost of
sale, shall do the following:
     (a) Pay all the security interests,
according to their priorities which are established by intervention or
otherwise at such hearing or in other proceeding brought for that purpose.
     (b) Pay the balance of the proceeds into
the general fund of the unit of government employing the officers of the
selling police agency. [1983 c.338 §413; 1993 c.751 §77; 1995 c.79 §380; 2005
c.654 §31]
VEHICLE
APPRAISERS
     819.480
Vehicle appraiser certificate; rules. (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.
     (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.
     (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. [Formerly
819.230]
     819.482
Acting as vehicle appraiser without certificate; penalty. (1) A person commits the offense of acting
as a vehicle appraiser without a certificate if the person does not hold a
vehicle appraiser certificate issued under ORS 819.480 and the person, for
consideration, issues an opinion as to the value of a vehicle.
     (2) This section does not apply to:
     (a) A person who holds a vehicle dealer
certificate issued or renewed under ORS 822.020 or 822.040 and who appraises
vehicles in the operation of the vehicle dealerÂ’s business;
     (b) A person from another jurisdiction who
holds a vehicle appraiser certificate requiring qualifications substantially
similar to qualifications required for the certification of a vehicle appraiser
in this state;
     (c) An insurance adjuster authorized to do
business under ORS 744.505 or 744.515; or
     (d) A person licensed or certified to
appraise real estate under ORS 674.310 and who appraises the value of
manufactured structures.
     (3) The offense described in this section,
acting as a vehicle appraiser without a certificate, is a Class A violation. [2007
c.630 §2]
_______________
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