Prohibitions placed on tower
(1)Intentionally left blank —Ed.
(a)Tow a motor vehicle from a parking facility unless there is a sign displayed in plain view at the parking facility that, using clear and conspicuous language, prohibits or restricts public parking at the parking facility.
(b)Notwithstanding paragraph (a) of this subsection, a tower may tow a motor vehicle from a parking facility with the prior consent of the owner or operator of the motor vehicle.
(2)Except as provided in ORS 98.853 (Conditions allowing towing), tow a motor vehicle from a parking facility without first contacting the owner of the parking facility or the owner’s agent at the time of the tow and receiving signed authorization from the owner of the parking facility or the owner’s agent that the tower should tow the motor vehicle. The tower shall maintain for at least two years, in electronic or printed form, each signed authorization received under this subsection. Upon request, the tower shall provide a copy of the signed authorization to the owner or operator of the motor vehicle at no additional charge.
(3)Serve as an agent of an owner of a parking facility for the purpose of signing an authorization required by subsection (2) of this section.
(4)Tow a motor vehicle from a parking facility if the owner of the parking facility or the owner’s agent is an employee of a tower.
(5)Charge more than a price disclosed under ORS 98.856 (Tower responsibility of disclosure to owner or operator of vehicle) when towing a motor vehicle without the prior consent or authorization of the owner or operator of the motor vehicle.
(6)Charge more than an amount set under ORS 98.859 (Maximum rates for towing) when towing a motor vehicle without the prior consent or authorization of the owner or operator of the motor vehicle.
(7)Solicit towing business at, or within 1,000 feet of, the site of a motor vehicle accident, unless the tower tows the motor vehicle pursuant to a prenegotiated payment agreement between the tower and a motor vehicle road service company.
(8)Park a tow vehicle within 1,000 feet of a parking facility for the purpose of monitoring the parking facility for towing business.
(9)Provide consideration to obtain the privilege of towing motor vehicles from a parking facility. For the purposes of this paragraph, the provision of:
(a)Signs by a tower under ORS 98.862 (Exceptions to requirements of ORS 98.856) does not constitute consideration.
(b)Goods or services by a tower below fair market value constitutes consideration.
(10)Require, as a condition of towing a motor vehicle or releasing a motor vehicle or personal property in the motor vehicle, that the owner or operator of the motor vehicle agree not to dispute:
(a)The reason for the tow;
(b)The validity or amount of charges; or
(c)The responsibility of the tower for the condition of the motor vehicle or personal property in the motor vehicle.
(11)Hold a towed motor vehicle for more than 24 hours without:
(a)Taking an inventory of all personal property in the motor vehicle that is visible from the exterior of the motor vehicle; and
(b)Holding the personal property in the motor vehicle in a secure manner.
(12)Accept cash as a method of payment for towing services unless the tower provides exact change not later than the end of the business day following receipt of payment.
(13)Operate in a city or county without a license issued by the city or county if required by ORS 98.861 (Licenses for towing).
(14)Charge for the hookup and release of a motor vehicle except as provided in ORS 98.853 (Conditions allowing towing). [2007 c.538 §3; 2009 c.622 §2; 2013 c.135 §1; 2013 c.691 §1; 2017 c.480 §7]
Section 98.854 — Prohibitions placed on tower,