ORS 819.140
Agencies having authority to take vehicle into custody

  • powers of agency taking custody

(1)

This section establishes which agency has the authority to take vehicles into custody under ORS 819.110 (Custody, towing and sale or disposal of abandoned vehicle) and 819.120 (Immediate custody and towing of vehicle constituting hazard or obstruction). The agency with authority to take a vehicle into custody is responsible for notice and hearings under ORS 819.110 (Custody, towing and sale or disposal of abandoned vehicle) to 819.215 (Disposal of vehicle appraised at $500 or less). Authority to take a vehicle into custody 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 take the vehicle into custody and exercise the powers relating to authority over the vehicle described in this section. Action taken by the Department of State Police or the Department of Transportation under this subsection is not subject to ORS chapter 183.

(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 (Custody, towing and sale or disposal of abandoned vehicle) or 819.120 (Immediate custody and towing of vehicle constituting hazard or obstruction) may:

(a)

Use its own personnel, equipment and facilities for the towing 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; 2009 c.371 §8]

Source: Section 819.140 — Agencies having authority to take vehicle into custody; powers of agency taking custody, https://www.­oregonlegislature.­gov/bills_laws/ors/ors819.­html.

819.010
Failure to comply with requirements for destruction of vehicle
819.012
Failure to follow procedures for a totaled vehicle
819.014
Insurer failure to follow procedures for totaled vehicle
819.016
When salvage title required
819.018
Failure to notify subsequent purchaser of condition of vehicle
819.030
Department procedure on receipt of title or notice
819.040
Illegal salvage procedures
819.100
Abandoning a vehicle
819.110
Custody, towing and sale or disposal of abandoned vehicle
819.120
Immediate custody and towing of vehicle constituting hazard or obstruction
819.140
Agencies having authority to take vehicle into custody
819.150
Rights and liabilities of owner
819.160
Lien for towing
819.170
Notice prior to taking vehicle into custody and towing
819.180
Notice after taking into custody and towing
819.185
Procedure for vehicles that have no identification markings
819.190
Hearing to contest validity of custody and towing
819.200
Exemption from notice and hearing requirements for vehicle held in criminal investigation
819.210
Sale or disposal of vehicle not reclaimed
819.215
Disposal of vehicle appraised at $500 or less
819.280
Disposal of vehicle at request of person in lawful possession
819.300
Possession of a stolen vehicle
819.310
Trafficking in stolen vehicles
819.400
Assignment of numbers
819.410
Failure to obtain vehicle identification number for unnumbered vehicle
819.420
Failure to obtain vehicle identification number for vehicle with altered or removed number
819.430
Trafficking in vehicles with destroyed or altered identification numbers
819.440
Police seizure of vehicle without identification number
819.480
Vehicle appraiser certificate
819.482
Acting as vehicle appraiser without certificate
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