Chapter 822 — Chapter 822

ORS 822.215 Grounds for denial, suspension, revocation or refusal of certificate; disciplinary action. (1) The Department of Transportation may deny or refuse to issue any towing business certificate under ORS 822.205 or may suspend, revoke or refuse to renew any towing business certificate issued upon proof that the applicant for or holder of the certificate has done any of the following

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ORS 822.217 Proportional registration for tow vehicles; rules. (1) Any person who qualifies under ORS 822.205 for a towing business certificate may choose to register qualified vehicles under the proportional registration provisions of ORS 826.009 or 826.011. Except as otherwise provided in this section, tow vehicles registered under ORS 826.009 or 826.011 are subject to the same requirements, conditions and privileges as other vehicles registered under those sections. Tow vehicle proportional registration is subject to the following

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ORS 822.218 Cancellation of identification device for proportionally registered tow vehicle. (1) The Department of Transportation shall have the authority to investigate and verify information provided in conjunction with application for proportional registration of a tow vehicle under ORS 822.217. The department may cancel an identification device for a proportionally registered tow vehicle if the department determines that the owner or lessee of the vehicle, or an employee of either, has

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ORS 822.220 Authorization to obstruct traffic; failure to take precautions; penalty. (1) The operator of a wrecker or tow vehicle may stop the wrecker or tow vehicle where it obstructs traffic when the operator

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ORS 822.225 Failure to remove injurious substance; penalty. (1) A person commits the offense of tow vehicle operator failure to remove injurious substance if the person is operating a tow vehicle that is removing a wrecked or damaged vehicle from a highway and the person fails to remove any glass or other injurious substance dropped upon the highway from such vehicle

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ORS 822.230 City or county regulation of towing businesses. (1) Notwithstanding ORS 822.200 to 822.225, and except as provided in subsection (2) of this section, a city or county may, by charter or ordinance, regulate towing businesses if the city or county charter or ordinance provisions pertain only to towing authorized by ORS 98.812 and the provisions

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ORS 822.235 Recovery after theft. (1) If a tower recovers a vehicle after a theft, the vehicle is totaled and the vehicle has no applicable insurance coverage, the person who is the owner of the vehicle may transfer the person’s interest in the vehicle to the tower in payment or partial payment of the tower’s fees for recovery and storage of the vehicle

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ORS 822.250 State Board of Towing; membership; terms of office; compensation and expenses. (1) The State Board of Towing is established within the Department of Transportation

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ORS 822.255 Chair and vice chair; quorum; meetings. (1) The State Board of Towing shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the board determines

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ORS 822.260 Administrative officer for board; subordinate officers and employees. (1) The State Board of Towing shall appoint an administrative officer to serve at the pleasure of the Governor. The determination of qualifications of the administrative officer and appointment of the administrative officer shall be made by the board after consulting with the Governor

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ORS 822.265 Rulemaking authority; board seal. (1) In accordance with applicable provisions of ORS chapter 183, the State Board of Towing may adopt rules

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ORS 822.270 State Board of Towing Account. (1) The State Board of Towing Account is established in the State Treasury, separate and distinct from the General Fund

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ORS 822.275 Administration of oaths; obtaining and taking evidence at board proceedings; failure to obey board subpoena. The State Board of Towing, acting through its chairperson or vice chairperson, may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of documents or other written information necessary to carry out the provisions of ORS 822.250 to 822.290 and 822.995. If any person fails to comply with a subpoena issued under this section or refuses to testify on matters on which the person lawfully may be interrogated, the procedure set out in ORS 183.440 shall be followed to compel obedience. [2021 c.578 §7]

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ORS 822.280 Denial, suspension, revocation or refusal of towing business certificate; contested case hearing. (1) As used in this section

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ORS 822.285 Additional powers of board; fees; rules. (1) In carrying out its investigative and enforcement duties, functions and powers, and notwithstanding any other provision of law, the State Board of Towing may procure services and award a contract for the personal services of a subject matter expert, on a case-by-case basis, in any manner deemed practical or convenient. The price of such contracts, including any amendments, may not exceed $25,000

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ORS 822.290 Denial of participation on Department of State Police tow rotation; contested case hearing. (1) As used in this section

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ORS 822.300 Acting as vehicle transporter without certificate; exemptions; penalty. (1) A person commits the offense of acting as a vehicle transporter without a certificate if the person is not the holder of a vehicle transporter certificate issued under ORS 822.310 and the person drives or tows over the highways of this state

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ORS 822.305 Exemptions from vehicle transporter certification requirement. In addition to any exemptions from the vehicle code under ORS 801.026, ORS 822.300 does not apply to the following

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ORS 822.310 Privileges granted by certificate; duration; renewal; fee; rules; suspension or revocation; regulation of holder. (1) The holder of a current, valid vehicle transporter certificate issued under this section may exercise the following privileges under this certificate

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ORS 822.315 Improper use of vehicle transporter plate; penalty. (1) A person commits the offense of improperly using a vehicle transporter plate if the person is the holder of a vehicle transporter certificate and the person does any of the following

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ORS 822.320 [1983 c.338 §821; 1987 c.261 §9e; repealed by 1999 c.359 §10]

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ORS 822.325 Failure to return revoked or suspended certificate; penalty. (1) A person commits the offense of failure to return a revoked or suspended vehicle transporter certificate if the Department of Transportation demands and requires the return of any certificate, cards or plates under ORS 822.310 and the person has those items demanded and does not return them to the department

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ORS 822.400 [1983 c.338 §823; 1985 c.16 §416; repealed by 1987 c.261 §13]

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ORS 822.405 [1983 c.338 §824; 1985 c.16 §417; repealed by 1987 c.261 §13]

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ORS 822.410 [1985 c.16 §420; 1987 c.217 §11; repealed by 1987 c.261 §13]

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ORS 822.415 [1985 c.459 §14; repealed by 1987 c.261 §13]

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ORS 822.420 [1985 c.459 §15; repealed by 1987 c.261 §13]

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ORS 822.500 Operating commercial driver training school without certificate; rules; penalty. (1) A person commits the offense of operating a commercial driver training school without a certificate if the person is not the holder of a valid, current driver training school certificate issued under ORS 822.515 and the person operates a business or nonprofit enterprise that engages, for a consideration, in educating and training persons, either practically or theoretically, or both, in the driving of motor vehicles

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ORS 822.505 [1983 c.338 §827; repealed by 2023 c.400 §25]

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ORS 822.510 [1983 c.338 §828; 2003 c.175 §12; 2009 c.543 §1; repealed by 2023 c.400 §25]

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ORS 822.515 Certificates; issuance; suspension or revocation; duration; fee; rules. (1) A person who holds a valid, current commercial driver training school certificate issued under this section is not subject to the prohibitions or penalties under ORS 822.500

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ORS 822.520 [1983 c.338 §830; 1985 c.393 §59; repealed by 2023 c.400 §25]

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ORS 822.525 [1983 c.338 §831; 1985 c.393 §60; 2005 c.155 §2; repealed by 2023 c.400 §25]

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ORS 822.530 [1983 c.338 §832; 1985 c.598 §12; repealed by 2023 c.400 §25]

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ORS 822.535 [1983 c.338 §833; 1985 c.393 §61; repealed by 2023 c.400 §25]

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ORS 822.600 Failure of garage to report accident or bullet contact; penalty. (1) A person commits the offense of failure of a garage to report an accident or bullet contact if the person is in charge of any garage or repair shop to which is brought any motor vehicle that shows evidence of having been involved in a serious accident or struck by any bullet and the person does not report to the nearest police station or sheriff’s office within 24 hours after such motor vehicle is received giving the registration number and the name and address of the owner or operator of such vehicle

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ORS 822.605 False swearing relating to regulation of vehicle related businesses; penalty. (1) A person commits the offense of false swearing relating to regulation of vehicle related businesses if the person knowingly makes any false affidavit or knowingly swears or affirms falsely to any matter or thing relating to the regulation of vehicle dealers, vehicle dismantlers, towing businesses, vehicle transporters, snowmobile dealers, Class I all-terrain vehicle dealers, commercial driver training schools or driver training instructors under the vehicle code

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ORS 822.700 Certification fees. (1) Fee for issuance or renewal of dismantler certificates covering a single place of business, or a supplemental certificate for each additional place of business to be covered by that certificate and operated under the same name, $1,000

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ORS 822.705 Fee for issuance or renewal of vehicle dealer certificate. Each person holding or applying for a current vehicle dealer certificate shall pay a fee of $75 to the Department of Transportation upon application for issuance or renewal of a certificate. Moneys from the fee are continuously appropriated to the department for the purpose of carrying out the provisions of ORS 822.007, 822.009 and 822.080. The fee imposed under this section is in addition to fees under ORS 822.700 for issuance and renewal of a vehicle dealer certificate. [1991 c.541 §7; 1999 c.593 §7; 2003 c.655 §141; 2013 c.372 §3]

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ORS 822.990 Civil penalties for violations of ORS 822.500. (1) The Department of Transportation may levy and collect a civil penalty in the amount of $1,000 for each violation against any person who violates ORS 822.500

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ORS 822.992 Civil penalties for violations related to dismantlers. (1) The Department of Transportation may levy a civil penalty on, and collect the civil penalty from, any person holding a dismantler certificate issued under ORS 822.110 or identification card or supplemental dismantler certificate issued under ORS 822.125 in an amount not to exceed $1,000 for each violation if the person holding the certificate has violated ORS 803.140, 819.012, 819.016, 819.040, 822.120, 822.125, 822.130, 822.135 or 822.150

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ORS 822.995 Civil penalties for violations related to towing; factors; rules. (1) In addition to any other penalty provided by law, any person who violates any provision of ORS 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235 or 822.605 or any rule adopted by the State Board of Towing is subject to payment of a civil penalty to the board

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