(1)“Abandoned Auto” or “Abandoned Vehicle” — A vehicle, as defined in ORS 819.110 (Custody, towing and sale or disposal of abandoned vehicle), that 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)“Another United States court” — The definition contained in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235)(1).
(3)“Area Commander” or “Station Commander” — The local commanding officer of an area established by the Oregon State Police.
(4)“Business Records” — Those records maintained by a qualified tow business that relate to the non-preference tows and which include, but are not limited to, tow bills, letters of appointment, and inspection sheets.
(5)“Certified” or “Certification” — The successful completion by an employee of a tow business of a written test administered by a nationally recognized towing affiliated body/organization relating to the level of towing the employee operates.
(6)“Convicted” — An adjudication of guilt upon a verdict or finding entered in a criminal proceeding in a court of competent jurisdiction.
(7)“Denial” — Action taken by the Department in refusing to issue a letter of appointment to a tow business.
(8)“Department” — The Department of State Police, also referred to as “Oregon State Police,” and its employees.
(9)“Driver” — Any individual or employee associated with a qualified tow business or tow business and who operates a tow vehicle, regardless of whether the individual is listed in an application for a letter of appointment.
(10)“Employee” — Any person in the service of a tow business under contract of hire, express or implied, oral or written, where the business has the power or right to control and direct the employee in the material details of how the work for the business is to be performed.
(11)“Fencing” — Permanent fencing meeting zoning requirements, with a minimum height of six (6) feet.
(12)“Hazardous Vehicle” — A vehicle, as defined in ORS 819.120 (Immediate custody and towing of vehicle constituting hazard or obstruction), 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 given that term in OAR 734-020-0147 (Disabled, Abandoned, and Otherwise Unattended Vehicles on State Highways Constituting Hazards or Obstructions to Motor Vehicle Traffic).
(13)“Hearings Officer” — A person appointed by an agency or entity contracted by the Department of State Police to conduct contested case hearings.
(14)“Highway” — Every public way, road, street, thoroughfare and place including bridges, viaducts and other structures within the boundaries of the state open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right (ORS 801.305 (“Highway”)).
(15)“Inspector” — A commissioned officer or other appointed representative of the Oregon State Police who has been designated by the Department to examine tow trucks and qualified tow businesses.
(16)“Letter of Appointment” — A letter issued by the Department that authorizes a tow business to tow abandoned or disabled vehicles on a non-preference rotational basis for the Oregon State Police.
(17)“Manager of daily operations” — Any individual who has control or direction of the day-to-day, regulatory, or financial aspect of a tow business or qualified tow business.
(18)“Non-Preference tow rotational List’ or “Non-Preference List” — The list of qualified tow businesses maintained at Oregon State Police Headquarters that is used to dispatch the tow trucks on an equitable basis when no choice or preference to a tow business is stated by the vehicle owner, driver, or other person responsible for the vehicle.
(19)“On Road Time” — The time it takes a qualified tow business to have a tow truck started and on the road from the time the dispatcher was called by the Department.
(20)“Patrol Services Division” — The administrative body of the Oregon State Police that is located at General Headquarters in Salem, Oregon.
(21)“Place of Business” — A separate building or physical structure that a qualified tow business occupies, either continuously or at regular times, where the qualified tow business’ business books and records are kept and the business of towing vehicles is transacted in each assigned tow zone. Multiple or different qualified tow businesses may operate on a single piece of real property, provided that each qualified tow business maintains individual and separate records, storage facilities, and letters of appointment in order to be placed on the Department’s non-preference tow rotational list.
(22)“Principal” — an owner, partner, corporate officer or other person or entity that controls, manages or has a financial interest in, a tow business or qualified tow business.
(23)“Qualified Tow Business” is a tow business with a current letter of appointment issued by the Department.
(24)“Region Commander” or “District Commander” — The commanding officer of the region as established by the Oregon State Police.
(25)“Recovery Vehicle” — A motor vehicle that is:
(a)A commercially available truck chassis equipped with a commercially manufactured tow body or bed, that is rated and issued a serial number by the manufacturer;
(b)Designed and equipped for, and used in, the towing and/or recovery of vehicles;
(c)Capable of towing a vehicle by means of a tow bar, sling or wheel lift; and
(d)Capable of recovering a vehicle by means of a hoist, winch and towline.
(26)“Response Time” — The reasonable driving time it takes a tow truck to respond to the dispatched location once the tow truck is on the road.
(27)“Revocation” and “revoked” — The termination of a letter of appointment or right to apply for a letter of appointment, and the removal from the Oregon State Police’s non-preference towing program for a period of not less than 10 years, which becomes effective from the date of the Notice of Revocation from the Oregon State Police.
(28)“Right to apply” — The right of a tow business or its principal(s) to apply for, and the right of a qualified tow business or its principal(s) to re-apply for, a letter of appointment.
(29)“Sex crime” — The crimes listed in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235)(5). “Sex crime” includes an equivalent conviction from another United States court, regardless of the degree of the criminal offense.
(30)“Suspension” and “suspend” — The temporary withdrawal of a letter of appointment or right to apply for a letter of appointment, and the removal from the Oregon State Police non-preference towing program for a period of not more than 10 years.
(31)“Tow business” — Any person, enterprise, corporation or partnership that engages in the impounding, transporting, recovery or storage of towed or abandoned vehicles or in the disposal of abandoned vehicles.
(32)“Tow Vehicle” — A motor vehicle that is:
(a)Altered or designed and equipped for, and used in, the business of towing vehicles; and
(b)Used to tow vehicles by means of a crane hoist, tow bar, towline or dolly, or otherwise used to render assistance to other vehicles (ORS 801.530 (“Tow vehicle”)).
(33)“Tow Zone” — The geographical area designated by the area commander for the removal of vehicles.
(34)“Vehicle Storage Area” — The approved yard or enclosed building where a qualified tow business keeps or stores towed vehicles.
Rule 257-050-0050 — Definitions,