Destroyed, Totaled, Abandoned, Low-Value and Stolen Vehicles

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]
§§ 819.110 to 819.270

Atty. Gen. Opinions

Under Former Similar Statute

Due process requirements of procedures for removal by State Police of abandoned and illegally parked vehicles from right of way of state or interstate highway or from state property, (1981) Vol 41, p 474


Source

Last accessed
Jun. 26, 2021