Chapter 819 — Chapter 819
38 sections in this chapter.
ORS 819.010 Failure to comply with requirements for destruction of vehicle; exception; penalty. (1) A person commits the offense of failure to comply with requirements for destruction of a vehicle if the person wrecks, dismantles or disassembles the form of any vehicle that is or is required to be registered or titled under the vehicle code or under ORS chapter 826 and the person does not comply with all of the following
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(a) The person must give notice to the Department of Transportation, in a form specified by the department, of the person’s intention to dismantle, disassemble or wreck the form of the vehicle at least seven days prior to commencement thereof. (b) If the vehicle is visible from a…
ORS 819.012 Failure to follow procedures for a totaled vehicle; penalty. (1) A person other than an insurer commits the offense of failure to follow procedures for a totaled vehicle if the person
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(a) Is the registered owner of a vehicle that is a totaled vehicle as defined in ORS 801.527 (1) and does not surrender the certificate of title for the vehicle either to the Department of Transportation or to the insurer within 30 days of the declaration by the insurer. (b) Is t…
ORS 819.014 Insurer failure to follow procedures for totaled vehicle; penalty. (1) An insurer commits the offense of insurer failure to follow procedures for a totaled vehicle if the insurer declares that the vehicle is a totaled vehicle and does not
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(a) Obtain the certificate of title from the owner of the vehicle as a condition of settlement of the claim and surrender it to the Department of Transportation within 30 days of its receipt; or (b) If the insurer does not obtain the certificate from the registered owner, notify …
ORS 819.016 When salvage title required; rules. (1) Except as provided in subsection (2) of this section, when the provisions of ORS 819.010, 819.012 or 819.014 require a person to surrender to the Department of Transportation a certificate of title for a vehicle, or when a person acquires a vehicle under the provisions of ORS 819.215, the person shall apply to the department for a salvage title for the vehicle. The application shall comply with the requirements of ORS 803.140
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(2) When the person is not required to surrender a certificate of title because title for the vehicle was issued in some other form, the person shall follow procedures adopted by the department by rule. (3) Subsections (1) and (2) of this section do not apply if the person: (a) D…
ORS 819.018 Failure to notify subsequent purchaser of condition of vehicle; rules; penalty. (1) A person commits the offense of failure to notify a subsequent purchaser of the condition of a vehicle if the person sells a totaled vehicle and does not provide the purchaser with a salvage title certificate or, if no certificate is required as evidence of salvage title, does not comply with rules adopted by the Department of Transportation for notification of salvage title without a certificate
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(2) The offense described in this section, failure to notify a subsequent purchaser of the condition of a vehicle, is a Class A misdemeanor when committed by someone other than an insurer. [1991 c.820 §§5,22; 1993 c.233 §61]
ORS 819.020 [1983 c.338 §195; 1985 c.16 §69; 1985 c.176 §1; 1987 c.119 §5; repealed by 1991 c.820 §20]
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[Repealed or reserved.]
ORS 819.030 Department procedure on receipt of title or notice. The Department of Transportation shall comply with the following procedures upon receiving a certificate of title or other notice in accordance with the provisions of ORS 819.010, 819.012 or 819.014
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(1) If the department is satisfied that the vehicle is wrecked, dismantled or disassembled, the department shall cancel and retire the registration and title of the vehicle. Except for issuance of a salvage title, the department may not register or title the vehicle again unless:…
ORS 819.040 Illegal salvage procedures; penalty. (1) A person commits the offense of illegal salvage procedures if the person engages in crushing, compacting or shredding of vehicles and the person violates any requirements under the following
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(a) The person may accept vehicles as salvage material from other persons who hold a dismantler certificate issued under ORS 822.110. (b) Except as otherwise provided in this subsection, the person may not accept vehicles from another person who does not hold a dismantler certifi…
ORS 819.100 Abandoning a vehicle; penalty. (1) A person commits the offense of abandoning a vehicle if the person abandons a vehicle upon a highway or upon any public or private property
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(2) The owner of the vehicle as shown by the records of the Department of Transportation shall be considered responsible for the abandonment of a vehicle in the manner prohibited by this section and shall be liable for the cost of towing and disposition of the abandoned vehicle. …
ORS 819.110 Custody, towing and sale or disposal of abandoned vehicle; general provisions. (1) After providing notice required under ORS 819.170 and, if requested, a hearing under ORS 819.190, an authority described under ORS 819.140 may take a vehicle into custody and tow the vehicle if
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(a) The authority has reason to believe the vehicle is disabled or abandoned; and (b) The vehicle has been parked or left standing upon any public way for a period in excess of 24 hours without authorization by statute or local ordinance. (2) The power to take vehicles into custo…
ORS 819.120 Immediate custody and towing of vehicle constituting hazard or obstruction; rules. (1) An authority described under ORS 819.140 may immediately take custody of and tow a vehicle that is disabled, abandoned, parked or left standing unattended on a road or highway right of way and that is in such a location as to constitute a hazard or obstruction to motor vehicle traffic using the road or highway
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(2) As used in this section, a “hazard or obstruction” includes, but is not necessarily limited to: (a) Any vehicle that is parked so that any part of the vehicle extends within the paved portion of the travel lane. (b) Any vehicle that is parked so that any part of the vehicle e…
ORS 819.130 [1983 c.338 §419; 1985 c.16 §221; 1993 c.385 §4; repealed by 1995 c.758 §23]
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[Repealed or reserved.]
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 and 819.120. The agency with authority to take a vehicle into custody is responsible for notice and hearings under ORS 819.110 to 819.215. Authority to take a vehicle into custody depends on the location of the vehicle as described under the following
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(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…
ORS 819.150 Rights and liabilities of owner. The owner, a person entitled to possession or any person with an interest recorded on the title of a vehicle taken into custody under ORS 819.110 or 819.120
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(1) Is liable for all costs and expenses incurred in the towing, preservation and custody of the vehicle and its contents except that: (a) The owner, a person entitled to the vehicle or any person with an interest recorded on the title is not liable for nor shall be required to p…
ORS 819.160 Lien for towing. (1) Except as otherwise provided by this section, a person shall have a lien on the vehicle and its contents if the person, at the request of an authority described under ORS 819.140, tows any of the following vehicles
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(a) An abandoned vehicle appraised at a value of more than $1,000 by a person who holds a certificate issued under ORS 819.480. (b) A vehicle taken into custody under ORS 819.110 or 819.120, unless it is an abandoned vehicle appraised at a value of $1,000 or less by a person who …
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, the authority shall provide notice and shall provide an explanation of procedures available for obtaining a hearing under ORS 819.190. Except as otherwise provided under ORS 801.040, notice required under this section shall comply with all of the following
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(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)…
ORS 819.180 Notice after taking into custody and towing; method; contents. (1) If an authority takes custody of a vehicle under ORS 819.120, the authority shall provide, by certified mail within 48 hours of the towing, written notice with an explanation of procedures available for obtaining a hearing under ORS 819.190 to the owners of the vehicle and any lessors or security interest holders as shown in the records of the Department of Transportation. The notice shall state that the vehicle has been taken into custody and shall give the location of the vehicle and describe procedures for the release of the vehicle and for obtaining a hearing under ORS 819.190. The 48-hour period under this subsection does not include holidays, Saturdays or Sundays
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(2) Any notice given under this section after a vehicle is taken into custody and towed shall state all of the following: (a) That the vehicle has been taken into custody and towed, the identity of the appropriate authority that took the vehicle into custody and towed the vehicle…
ORS 819.185 Procedure for vehicles that have no identification markings. If there is no vehicle identification number on a vehicle and there are no registration plates and no other markings through which the Department of Transportation could identify the owner of the vehicle, then an authority otherwise required to provide notice under ORS 819.170 or 819.180 is not required to provide such notice and the vehicle may be towed and disposed of as though notice and an opportunity for a hearing had been given. [1995 c.758 §22; 2009 c.371 §13]
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[Repealed or reserved.]
ORS 819.190 Hearing to contest validity of custody and towing. A person provided notice under ORS 819.170 or 819.180 or any other person who reasonably appears to have an interest in the vehicle may request a hearing under this section to contest the validity of the towing and custody under ORS 819.120 or proposed towing and custody of a vehicle under ORS 819.110 by submitting a request for hearing with the appropriate authority not more than five days from the mailing date of the notice. The five-day period in this section does not include holidays, Saturdays or Sundays. Except as otherwise provided under ORS 801.040, a hearing under this section shall comply with all of the following
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(1) If the authority proposing to tow a vehicle under ORS 819.110 receives a request for hearing before the vehicle is taken into custody and towed, the vehicle may not be towed unless the vehicle constitutes a hazard. (2) A request for hearing shall be in writing and shall state…
ORS 819.200 Exemption from notice and hearing requirements for vehicle held in criminal investigation. A vehicle that is being held as part of any criminal investigation is not subject to any requirements under ORS 819.170 to 819.190 unless the criminal investigation relates to the theft of the vehicle. [1983 c.338 §426; 1993 c.385 §9]
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(Sale or Disposal of Vehicle)
ORS 819.210 Sale or disposal of vehicle not reclaimed. (1) If a vehicle taken into custody under ORS 819.110 or 819.120 is not reclaimed within 30 days after it is taken into custody, the person that towed the vehicle shall either
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(a) Sell the vehicle and its contents at public auction in the manner provided in ORS 87.192 and 87.196; or (b) Dispose of the vehicle in a manner provided by local ordinance. (2) The contents of any vehicle sold under this section are subject to the same conditions of sale as th…
ORS 819.215 Disposal of vehicle appraised at $1,000 or less; notice; rules. (1) If an abandoned vehicle is appraised at a value of $1,000 or less by a person who holds a certificate issued under ORS 819.480, the person that towed the vehicle shall
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(a) Notify the registered owner and secured parties as provided in subsection (3) of this section; (b) Photograph the vehicle; (c) Notify the Department of Transportation that the vehicle will be disposed of; and (d) Unless the vehicle is claimed by a person entitled to possessio…
ORS 819.220 [1983 c.338 §428; 1985 c.16 §225; 1985 c.316 §6; 1991 c.873 §40; 1993 c.326 §7; 1993 c.751 §76; 1995 c.758 §17; 2005 c.654 §30; repealed by 2009 c.371 §18]
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[Repealed or reserved.]
ORS 819.230 [1983 c.338 §810; 2007 c.630 §4; renumbered 819.480 in 2007]
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[Repealed or reserved.]
ORS 819.240 [1983 c.338 §429; 1991 c.873 §41; 1993 c.233 §65; repealed by 2009 c.371 §18]
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[Repealed or reserved.]
ORS 819.250 [1983 c.338 §430; 1985 c.16 §226; 1985 c.94 §1; repealed by 2009 c.371 §18]
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[Repealed or reserved.]
ORS 819.260 [1983 c.338 §431; 1985 c.316 §7; repealed by 2009 c.371 §18]
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[Repealed or reserved.]
ORS 819.270 [1983 c.338 §432; 1987 c.119 §7; repealed by 2009 c.371 §18]
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VEHICLES WITH LOW APPRAISAL VALUE
ORS 819.280 Disposal of vehicle at request of person in lawful possession; rules. (1) A person may make a request to an authority described in ORS 819.140 (1)(b) or (c) to dispose of a vehicle that is on the private property of the person and that is appraised at a value of $1,000 or less, as determined by a holder of a certificate issued under ORS 819.480, if the person is in lawful possession of the vehicle. For the purposes of this subsection, a person need not have the certificate of title to be in lawful possession of the vehicle
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(2) If the authority requested to dispose of a vehicle under subsection (1) of this section chooses to dispose of the vehicle, the authority shall do all of the following: (a) Photograph the vehicle. (b) Verify that the person is in lawful possession of the vehicle. (c) Provide n…
ORS 819.300 Possession of a stolen vehicle; penalty. (1) A person commits the offense of possession of a stolen vehicle if the person possesses any vehicle which the person knows or has reason to believe has been stolen
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(2) The offense described in this section, possession of a stolen vehicle, is a Class C felony. [1983 c.338 §297]
ORS 819.310 Trafficking in stolen vehicles; penalty. (1) A person commits the offense of trafficking in stolen vehicles if the person receives or transfers possession of a vehicle which the person knows or has reason to believe has been stolen with intent to obtain, transfer or sell title to the vehicle
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(2) The offense described in this section, trafficking in stolen vehicles, is a Class C felony. [1983 c.338 §298; 1985 c.16 §121] VEHICLE IDENTIFICATION NUMBERS
ORS 819.400 Assignment of numbers. The Department of Transportation shall provide vehicle identification numbers for vehicles required to be registered in this state and components of such vehicles as the department determines necessary if the vehicles or components do not have vehicle identification numbers. The authority granted by this section is subject to the following
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(1) A vehicle identification number provided under this section shall be assigned by the department and permanently attached to the vehicle or component as prescribed by the department. (2) A vehicle identification number provided under this section shall be furnished by the depa…
ORS 819.410 Failure to obtain vehicle identification number for unnumbered vehicle; exception; penalty. (1) A person commits the offense of failure to obtain a vehicle identification number for an unnumbered vehicle if the person is the owner of a vehicle that has never carried a vehicle identification number and the person does not obtain a vehicle identification number for the vehicle in the manner provided under ORS 819.400
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(2) This section does not apply to vehicles that are exempt from registration under ORS 803.305 or from titling under ORS 803.030. (3) The offense described in this section, failure to obtain a vehicle identification number for an unnumbered vehicle, is a Class D traffic violatio…
ORS 819.420 Failure to obtain vehicle identification number for vehicle with altered or removed number; penalty. (1) A person commits the offense of failure to obtain a vehicle identification number for a vehicle with an altered or removed number if the person has a vehicle or vehicle component returned under ORS 819.440 and the person does not obtain a vehicle identification number for the vehicle or component in the manner provided under ORS 819.400
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(2) The offense described in this section, failure to obtain a vehicle identification number for a vehicle with an altered or removed number, is a Class C misdemeanor. [1983 c.338 §295; 1985 c.393 §7]
ORS 819.430 Trafficking in vehicles with destroyed or altered identification numbers; penalty. (1) A person commits the offense of trafficking in vehicles with destroyed or altered identification numbers if the person knowingly buys, sells, receives, disposes of, conceals or has in the person’s possession any vehicle or component from which the vehicle identification number has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of the vehicle or component
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(2) The offense described in this section, trafficking in vehicles with destroyed or altered identification numbers, is a Class A misdemeanor. [1983 c.338 §296]
ORS 819.440 Police seizure of vehicle without identification number; inspection; disposition of vehicle; disposition of moneys from sale. When a police officer discovers a vehicle or component, including a transmission, engine or other severable portion of a vehicle which possesses or did possess an identification number, from which the vehicle identification number assigned to the vehicle or component has been removed, defaced, covered, altered or destroyed the police officer may seize and hold it for identification and disposal as provided under the following
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(1) The police agency having custody of the property shall have a specially qualified inspector or police officer inspect the property for the purpose of locating the identification number. (2) If the identification number is found it shall be checked with the list of stolen vehi…
ORS 819.480 Vehicle appraiser certificate; rules. (1) A person who is issued a vehicle appraiser certificate by the Department of Transportation under this section is qualified to appraise any vehicle, including vehicles for sale under ORS 819.210 and 819.215
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(2) The department shall establish rules to provide for issuance of vehicle appraiser certificates under this section. Rules adopted by the department under this section shall provide for all of the following: (a) A method of ascertaining the qualifications and competence of indi…
ORS 819.482 Acting as vehicle appraiser without certificate; penalty. (1) A person commits the offense of acting as a vehicle appraiser without a certificate if the person does not hold a vehicle appraiser certificate issued under ORS 819.480 and the person, for consideration, issues an opinion as to the value of a vehicle
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(2) This section does not apply to: (a) A person who holds a vehicle dealer certificate issued under ORS 822.020 and who appraises vehicles in the operation of the vehicle dealer’s business; (b) A person from another jurisdiction who holds a vehicle appraiser certificate requirin…