Chapter 98 — Chapter 98
135 sections in this chapter.
ORS 98.620 [Repealed by 1995 c.733 §74]
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[Repealed or reserved.]
ORS 98.630 [Amended by 1957 c.459 §2; repealed by 1995 c.733 §74]
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REMOVAL OF TREES OR LOGS FROM COUNTY ROADS OR STATE HIGHWAYS
ORS 98.640 Owner’s duty to remove trees, logs, poles or piling deposited on state highways. (1) No person shall place or deposit any trees, timber, logs, poles or piling upon the right of way of any state highway or upon any real property adjacent thereto which is owned by the state, by and through its Department of Transportation, except with permission of any duly authorized weighmaster, motor carrier enforcement officer or peace officer given in connection with the removal of portions of loads, which removal is pursuant to ORS 810.490
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(2) Any trees, timber, logs, poles or piling so placed or deposited whether pursuant to said permission of a weighmaster, motor carrier enforcement officer or peace officer or accidentally or in violation of this section, or which have fallen, dropped or been blown upon said righ…
ORS 98.642 Effect of failure to remove trees, logs, poles or piling. Any trees, timber, logs, poles or piling which remain for a period of more than 30 days upon the right of way of any state highway or upon real property adjacent thereto which is owned by the state, by and through its Department of Transportation, shall be conclusively presumed abandoned, and title thereto shall vest in the state, by and through its Department of Transportation, and the department is hereby authorized to remove, destroy, sell or otherwise dispose of the same. [1953 c.312 §2]
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[Repealed or reserved.]
ORS 98.644 ORS 98.640 and 98.642 inapplicable to certain trees, logs, poles or piling. The provisions of ORS 98.640 and 98.642 shall not apply to trees, timber, logs, poles or piling which have been placed or deposited or allowed to remain upon the right of way of a state highway or real property adjacent thereto under the provisions of a permit granted by the Department of Transportation, nor to poles erected upon the right of way of a state highway for the purpose of carrying telegraph, telephone or electric lines or wires. [1953 c.312 §3]
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[Repealed or reserved.]
ORS 98.650 Owner’s duty to remove trees, logs, poles or piling deposited on county roads. (1) No person shall place or deposit any trees, timber, logs, poles or piling upon the right of way of any county road, except with permission of any duly authorized weighmaster or peace officer given in connection with the removal of portions of loads, which removal is pursuant to ORS 810.490
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(2) Any trees, timber, logs, poles or piling so placed or deposited, accidentally or in violation of this section, or which have fallen, dropped or been blown upon said right of way, shall be removed by the owner thereof within a period of not more than 30 days. [1953 c.339 §1; 1…
ORS 98.652 Effect of failure to remove trees, logs, poles or piling. Any trees, timber, logs, poles or piling which remain for a period of more than 30 days upon the right of way of any county road shall be conclusively presumed abandoned, and title thereto shall vest in the county having jurisdiction over such county road, and the county court or board of county commissioners of said county may remove, destroy, sell or otherwise dispose of the same. [1953 c.339 §2]
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[Repealed or reserved.]
ORS 98.654 ORS 98.650 and 98.652 inapplicable to certain trees, logs, poles or piling and to certain county roads. The provisions of ORS 98.650 and 98.652 shall not apply to trees, timber, logs, poles or piling which have been placed or deposited or allowed to remain upon the right of way of a county road under the provisions of a permit granted by the county court or board of county commissioners having jurisdiction over said county road, nor to poles placed upon the right of way of a county road under authority of ORS 758.010 or 758.020, nor to any county road which is not maintained for public travel by the county court or board of county commissioners of the county in which the road is located. [1953 c.339 §3]
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[Repealed or reserved.]
ORS 98.710 [Repealed by 1957 c.670 §37]
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DISPOSITION OF UNLAWFULLY PARKED VEHICLES AND ABANDONED VEHICLES
ORS 98.805 Definitions for ORS 98.810 to 98.818, 98.830 and 98.840. As used in this section and ORS 98.810 to 98.818, 98.830 and 98.840
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(1) “Owner of a parking facility” means: (a) The owner, lessee or person in lawful possession of a private parking facility; or (b) Any officer or agency of this state with authority to control or operate a parking facility. (2) “Owner of proscribed property” means the owner, les…
ORS 98.810 Unauthorized parking of vehicle on proscribed property prohibited. A person may not, without the permission of
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(1) The owner of a parking facility, leave or park any vehicle on the parking facility if there is a sign displayed in plain view at the parking facility prohibiting or restricting public parking on the parking facility. (2) The owner of proscribed property, leave or park any veh…
ORS 98.811 Notice of parking violation; certificate of nonliability; dismissal of notice. (1) If the owner of a parking facility or the owner of proscribed property has issued a citation or other notice of a parking violation alleging that a vehicle owned by a person engaged in the business of selling, renting, leasing or repairing motor vehicles has been left or parked in violation of ORS 98.810 and mailed a copy of the citation or notice to the person, the person is relieved of liability for the violation if, within 30 days from the mailing of the citation or notice, the person
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(a) Submits a certificate of nonliability stating that the vehicle was not in the custody and control of the person, under the terms of an agreement permitting an individual to use a motor vehicle owned by the person, when the alleged violation occurred; and (b) Provides the name…
ORS 98.812 Towing of unlawfully parked vehicle; lien for towage, care and storage charges; notice requirements. (1) If a vehicle has been left or parked in violation of ORS 98.810, the owner of the parking facility or the owner of the proscribed property may have a tower tow the vehicle from the parking facility or the proscribed property and place the vehicle in storage at a secure location under the control of the tower
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(2) A tower is entitled to a lien on a towed vehicle and its contents for the tower’s just and reasonable charges and may retain possession of the towed vehicle and its contents until the just and reasonable charges for the towage, care and storage, subject to subsection (3) of t…
ORS 98.814 [1953 c.575 §4; 1965 c.343 §21; repealed by 1983 c.436 §15]
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[Repealed or reserved.]
ORS 98.816 [1953 c.575 §5; 1965 c.343 §22; repealed by 1983 c.436 §15]
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[Repealed or reserved.]
ORS 98.818 Preference of lien. The lien created by ORS 98.812 shall have preference over any and all other liens or encumbrances upon the vehicle. [1953 c.575 §3; 2007 c.538 §11a]
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[Repealed or reserved.]
ORS 98.820 Towing vehicle from fuel dispensary premises; civil immunity; lien. (1) As used in this section
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(a) “Class 1 flammable liquids” has the meaning given that term in ORS 480.310. (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 compan…
ORS 98.830 Towing abandoned vehicle from private property; civil immunity; lien. (1) A person who is the owner, or is in lawful possession, of private property on which a vehicle has been abandoned may have a tower tow the vehicle from the property if
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(a) The person affixes a notice to the vehicle stating that the vehicle will be towed if it is not removed; (b) The notice required by paragraph (a) of this subsection remains on the vehicle for at least 72 hours before the vehicle is towed; and (c) The person fills out and signs…
ORS 98.835 [1995 c.758 §2; 2001 c.424 §2; 2007 c.538 §13; repealed by 2017 c.480 §3]
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[Repealed or reserved.]
ORS 98.840 Towing vehicle alternative to procedure in ORS 98.810 to 98.818. The procedure authorized by ORS 98.830 for removal of abandoned vehicles from private property may be used by an owner of a parking facility or an owner of proscribed property as an alternative to the procedures described in ORS 98.810 to 98.818. [1995 c.758 §4; 2007 c.538 §13a; 2017 c.480 §5]
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INVOLUNTARY LOSS OF USE OF VEHICLES
ORS 98.850 Legislative findings and declaration. (1) The Legislative Assembly finds that
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(a) 49 U.S.C. 14501(c)(1) limits the authority of the state and political subdivisions of the state to enact or enforce laws or ordinances related to price, route or service of motor carriers with respect to the transportation of property. (b) 49 U.S.C. 14501(c)(2)(A) exempts, fr…
ORS 98.852 Definitions for ORS 98.853 to 98.862. As used in ORS 98.853 to 98.862
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(1) “Business day” means Mondays through Friday, excluding legal holidays. (2) “Consideration” has the meaning given that term in ORS 171.725. (3) “Law enforcement agency” has the meaning given that term in ORS 131.915. (4) “Motor vehicle” has the meaning given that term in ORS 8…
ORS 98.853 Tower obligations prior to and during tow; release of vehicle. (1) Prior to towing a motor vehicle pursuant to ORS 98.812, a tower shall take at least one photograph of the motor vehicle and record the time and date of the photograph. The photograph must show the motor vehicle as it was left or parked at the time the tower arrived to conduct the tow. The tower shall maintain for at least two years, in electronic or printed form, each photograph taken along with the date and time of the photograph. Upon request, the tower shall provide a copy of any photographs to the owner or operator of the motor vehicle at no additional charge
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(2)(a) If the owner or operator of the motor vehicle is present at the time of the tow, the tower shall release the motor vehicle at no charge unless the hookup is complete. If the hookup is complete, the tower shall release the motor vehicle and may charge the owner or operator …
ORS 98.854 Prohibitions placed on tower. A tower may not
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(1)(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 subsectio…
ORS 98.856 Tower responsibility of disclosure to owner or operator of vehicle. (1) A tower shall disclose to the owner or operator of a motor vehicle in a conspicuous written statement of at least 10-point boldfaced type
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(a) The prices the tower charges for all the goods and services that the tower offers; (b) The location where the tower will: (A) Store the motor vehicle and personal property in the motor vehicle; or (B) Tow the motor vehicle, if the tower is towing the motor vehicle to a locati…
ORS 98.857 Recovery of stolen vehicle; tower responsibility to notify owner. (1) After a motor vehicle reported as stolen is recovered by a law enforcement agency, the agency shall share the owner’s contact information, including home address and telephone number, from either the Law Enforcement Data System or the stolen vehicle police report, with any tower that assumes control of the vehicle. The contact information may be used only for the purposes described in subsection (2) of this section
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(2) As soon as is practicable after recovering the motor vehicle, the tower shall attempt to provide notice to the owner of the stolen motor vehicle: (a) That the motor vehicle has been recovered; and (b) Of the current location of the vehicle. (3) Fees charged by the tower for s…
ORS 98.858 Right of owner or person in lawful possession of vehicle to redeem or inspect vehicle, contact tower and obtain property of emergency nature. (1) A tower in physical possession of a motor vehicle shall permit the owner or person in lawful possession of a motor vehicle the tower has towed to
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(a) Redeem or inspect the motor vehicle: (A) Between 8 a.m. and 6 p.m. on business days; (B) At all other hours, within 60 minutes after asking the tower to release or allow for the inspection of the motor vehicle; and (C) Within 30 minutes of a time mutually agreed upon between …
ORS 98.859 Maximum rates for towing; process for complaints; exceptions. (1) Each city or county may establish the maximum rates that a tower may charge for towing a motor vehicle, and for all related services for towing a motor vehicle, in response to a request for towing of a vehicle parked within the city or county that is made by a person other than the owner or operator of the motor vehicle. The rates for related services include charges for hookup, storage, gas mileage, pictures, unlocking the motor vehicle and any other services reasonably related to towing as determined by the city or county. Rates established by a city or county under this subsection apply in all portions of the city or county
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(2) When establishing the maximum rates under this section, the city or county shall take into consideration the size of the motor vehicle towed and the distance traveled by the tower from the location of the motor vehicle to a storage facility. (3) Each city or county that estab…
ORS 98.860 Conditions for release of vehicle to insurance company undertaking to adjust claim; tower’s good-faith release of vehicle. (1) For purposes of this section, an insurance company undertaking to adjust a claim involving a towed motor vehicle is a person in lawful possession and entitled to release of the motor vehicle if
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(a) The insurance company has obtained permission from the owner or another person in lawful possession of the motor vehicle to secure release of the motor vehicle; and (b) The insurance company transmits to the tower by facsimile or electronic mail a document that reasonably ide…
ORS 98.861 Licenses for towing; fees. (1) Subject to subsection (5) of this section
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(a) A tower may not tow vehicles parked within the boundaries of a city without a license issued by the city, if the city has established the maximum rates that a tower may charge under ORS 98.859. (b) A tower may not tow vehicles parked within the boundaries of a county without …
ORS 98.862 Exceptions to requirements of ORS 98.856. A tower need not provide the written information required under ORS 98.856 if
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(1) The motor vehicle is towed from a parking facility where the tower has provided the information on signs that are clearly readable by an operator of a motor vehicle in each parking stall or at each entrance to the parking facility. (2) The tower is hired or otherwise engaged …
ORS 98.864 [2007 c.538 §8; repealed by 2021 c.578 §14]
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[Repealed or reserved.]
ORS 98.990 [Repealed by 1957 c.670 §37]
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PENALTIES
ORS 98.991 Penalties relating to unclaimed property. (1) Any person who willfully fails to render any report or perform other duties required under this Act is guilty of a misdemeanor
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(2) Any person who willfully refuses to pay or deliver unclaimed property to the State Treasurer as required under this Act is guilty of a misdemeanor. [1957 c.670 §36; 1993 c.694 §22; 2019 c.678 §29] Note: See note under 98.432.
ORS 98.992 Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436. A person who willfully fails to render any report, to pay or deliver property or to perform other duties required by ORS 98.302 to 98.436 and 98.992 may be required to forfeit and pay to the State Treasurer to be deposited in the Unclaimed Property and Estates Fund, an amount determined by the State Treasurer pursuant to ORS 183.745 of not more than $1,000 for individuals and $50,000 for corporations. This penalty shall be assessed only after at least one reporting cycle, and only after the State Treasurer has provided the person with written instructions, including copies of applicable laws and policies. The State Treasurer may waive any penalty due under this section with appropriate justification. [1993 c.694 §25; 2019 c.678 §30; 2021 c.424 §13]
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