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

ORS 819.170
Notice prior to taking vehicle into custody and towing

  • methods
  • contents


If an authority proposes to take custody of a vehicle under ORS 819.110 (Custody, towing and sale or disposal of abandoned vehicle), the authority shall provide notice and shall provide an explanation of procedures available for obtaining a hearing under ORS 819.190 (Hearing to contest validity of custody and towing). Except as otherwise provided under ORS 801.040 (Authority to adopt special provisions), 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.

(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 towing 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; 2009 c.371 §11]
§§ 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