Towing vehicle from fuel dispensary premises
- civil immunity
(1)As used in this section:
(a)“Class 1 flammable liquids” has the meaning given that term in ORS 480.310 (Definitions for ORS 480.315 to 480.385).
(b)“Fuel dispensary” means a filling station, service station, garage or other dispensary where Class 1 flammable liquids or diesel fuel is dispensed at retail for use in vehicles.
(c)“Towing company” means a company holding a towing business certificate issued under ORS 822.205 (Certificate).
(d)“Vehicle” has the meaning given that term in ORS 801.590 (“Vehicle.”).
(2)An owner, operator or employee of a fuel dispensary may have a vehicle towed from the fuel dispensary premises if:
(a)The vehicle is preventing or hindering access to a pump, hose, nozzle or other parts of a fuel dispensing device;
(b)The prevention or hindering of access to the fuel dispensing device is interfering with the business activities of the fuel dispensary;
(c)An owner, operator or employee of the fuel dispensary affixes a notice to the windshield of the vehicle or, if the vehicle lacks a windshield, in another prominent location on the vehicle, stating the date and time the notice was affixed and that the vehicle may be towed if it is not removed within two hours after the date and time stated on the notice;
(d)The notice described in paragraph (c) of this subsection remains on the vehicle for at least two hours before the vehicle is towed; and
(e)The owner, operator or employee provides the towing company with a signed statement that:
(A)Describes the vehicle to be towed;
(B)Identifies the property from which the vehicle is to be towed; and
(C)States that the vehicle is preventing or hindering access to a fuel dispensing device in a manner that is interfering with business activity at the fuel dispensary.
(3)A towing company that tows a vehicle pursuant to this section is immune from civil liability for towing the vehicle if the towing company possesses a signed statement described in subsection (2)(e) of this section. This subsection does not grant immunity for any loss, damage or injury arising out of any negligent or willful damage to, or destruction of, the vehicle that occurs during the course of the towing.
(4)A towing company is entitled to a lien on a vehicle towed under this section and its contents for the just and reasonable charges of the towing company. The towing company may retain possession of the towed vehicle and its contents until the just and reasonable charges for the towing, care and storage of the towed vehicle have been paid if the towing company provides timely notice in the manner described under ORS 98.812 (Towing of unlawfully parked vehicle) (2) to local law enforcement, the owner of the vehicle and any person shown on a certificate of title to have an interest in the vehicle.
(5)The lien created by subsection (4) of this section may be foreclosed only in the manner provided by ORS 87.172 (Time period before foreclosure allowed) (3) and 87.176 (Fees for storage of chattel) to 87.206 (Disposition of proceeds of foreclosure sale) for foreclosure of liens arising or claimed under ORS 87.152 (Possessory lien for labor or material expended on chattel).
(6)The procedure established in this section is an alternative to any other lawful procedure available for obtaining the removal from private property of a vehicle that is abandoned or parked without authorization. [2019 c.330 §1]
Section 98.820 — Towing vehicle from fuel dispensary premises; civil immunity; lien,