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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 59 OREGON VEHICLE CODE
Chapter : Chapter 819 Destroyed, Totaled, Abandoned, Low-Value and Stolen Vehicles; Vehicle Identification Numbers
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(1) A person commits the offense of failure
to comply with requirements for destruction of a vehicle if the person
wrecks, dismantles, disassembles or substantially alters 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:
(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, wreck or substantially alter the
form of the vehicle at least seven days prior to commencement thereof.
(b) If the vehicle is visible from a public right of way, the
person must complete the wrecking, dismantling, disassembling or
substantial alteration of form within 30 days from the commencement
thereof.
(c) If the vehicle is registered by this state, the person must
deliver or mail to the department the registration card, certificate of
title, if one has been issued, and registration plates of the vehicle
within 30 days after the person wrecks, dismantles, disassembles or
substantially alters the form of the vehicle.
(d) If no certificate of title has been issued for the vehicle, the
person must notify the department in a manner determined by the
department by rule within 30 days after the person wrecks, dismantles,
disassembles or substantially alters the form of the vehicle.
(e) If required to do so under ORS 819.016, the person shall apply
for a salvage title for the vehicle.
(2) Subsection (1)(a) and (b) of this section do not apply to
persons who are acting within the scope of a dismantler certificate
issued under ORS 822.110.
(3) The offense described in this section, failure to comply with
requirements for destruction of vehicle, is a Class A misdemeanor. [1983
c.338 §193; 1985 c.16 §68; 1985 c.401 §2; 1991 c.407 §33; 1991 c.873 §36;
1993 c.233 §57; 1993 c.751 §75; 2005 c.654 §27](1) A person other than an insurer commits the offense of
failure to follow procedures for a totaled vehicle if the person:
(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 or other relevant act by
the insurer.
(b) Is the registered owner of a vehicle that is a totaled vehicle
as defined in ORS 801.527 (2) and does not notify the department of the
status of the vehicle within 30 days of the day that the vehicle became a
totaled vehicle.
(c) Is the registered owner of a vehicle that is a totaled vehicle
as defined in ORS 801.527 (3) and does not surrender the certificate of
title for the vehicle to the department within 30 days of the date the
vehicle became a totaled vehicle.
(d) Receives or purchases a totaled vehicle and does not surrender
the certificate of title for the vehicle to the department within 30 days
of purchase or receipt of the vehicle.
(2) A person is not required to surrender the certificate of title
if the person is unable to obtain the certificate for the vehicle. If the
person is unable to obtain the certificate, the person shall notify the
department that the vehicle is a totaled vehicle and shall notify the
department of the reason that the person is unable to surrender the
certificate.
(3) If the vehicle is one for which title was issued in a form
other than a certificate, the person shall notify the department that the
vehicle is a totaled vehicle and shall follow procedures adopted by the
department by rule.
(4) The offense described in this section, failure to follow
procedures for a totaled vehicle, is a Class A misdemeanor. [1991 c.820
§4; 1993 c.233 §58](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:
(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 the department that the vehicle is a totaled
vehicle within 30 days of declaring it to be so, or taking title to or
possession of it, and notify the registered owner of the vehicle that the
registered owner must surrender the certificate to the department and
must notify any subsequent purchaser that the vehicle is a totaled
vehicle.
(2) If the vehicle is one for which title was issued in a form
other than a certificate, the insurer shall notify the department that
the vehicle is a totaled vehicle and shall follow procedures adopted by
the department by rule.
(3) The offense described in this section, insurer failure to
follow procedures for a totaled vehicle, is a violation of the Insurance
Code, as provided in ORS 746.308. [1991 c.820 §4a; 1993 c.233 §59] (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
buys a vehicle under the provisions of ORS 819.220, 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.
(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 does not intend to rebuild or repair the vehicle, to transfer the
vehicle or to use the frame or unibody of the vehicle for repairing or
constructing another vehicle. [1991 c.820 §23; 1991 c.873 §26; 1993 c.233
§60](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.
(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] 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:
(1) If the department is satisfied that the vehicle is totaled,
wrecked, dismantled, disassembled or substantially altered, the
department shall cancel and retire the registration and title of the
vehicle. Except for issuance of a salvage title, the department shall not
register or title the vehicle again unless:
(a) The department is satisfied that the original title
certificate, if any, was surrendered in error or that notice was
submitted in error and the record canceled in error;
(b) The vehicle is registered or titled as an assembled vehicle, a
reconstructed vehicle or a replica; or
(c) The vehicle is recovered after a theft if the theft is the
reason that the vehicle was considered a totaled vehicle.
(2) If the department is satisfied that the vehicle is totaled,
wrecked, dismantled or disassembled, the department may issue a proof of
compliance form if no salvage title is issued for the vehicle. [1983
c.338 §196; 1985 c.176 §2; 1985 c.401 §3; 1987 c.119 §6; 1991 c.820 §8;
1991 c.873 §38; 1993 c.233 §62] (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:
(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
certificate issued under ORS 822.110, unless the other person:
(A) Complies with the requirements of ORS 819.010, or is in
possession of a certificate of sale issued under ORS 819.240 or of a
salvage title certificate; and
(B) Displays a salvage title certificate, a compliance form issued
under ORS 819.030, or a certificate of sale to the person engaged in
salvage.
(c) The person engaged in salvage may accept a copy of the
Department of Transportation form issued under ORS 819.030 as proof of
compliance under ORS 819.010 or may accept a certificate of sale or a
salvage title certificate, as applicable, and surrender such copy or
certificate to the department.
(d) The person may accept vehicles as salvage material from
authorities or tow businesses disposing of vehicles as authorized under
ORS 819.215 or 819.280 if the authority or tow business gives the person
a copy of notification made to the department under ORS 819.215 or
819.280.
(2) If a salvage title has been issued in a form other than a
certificate, the person engaged in salvage may accept documents or
information in a manner or form determined by the department by rule.
(3) The offense described in this section, illegal salvage
procedures, is a Class A misdemeanor. [1983 c.338 §197; 1985 c.16 §70;
1991 c.873 §39; 1993 c.233 §63; 1993 c.326 §3; 2005 c.654 §28; 2005 c.738
§3]ABANDONED VEHICLES(Offense) (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.
(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 removal and disposition of the abandoned
vehicle.
(3) A vehicle abandoned in violation of this section is subject to
the provisions for removal of abandoned vehicles under ORS 819.110 and
819.120 and to being sold as provided under ORS 819.210 or 819.220.
(4) The offense described in this section, abandoning a vehicle, is
a Class B traffic violation. [1983 c.338 §677; 1995 c.758 §7](Custody and Removal)
(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 remove the vehicle if:
(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 authority in this section to remove and take vehicles into
custody is in addition to any authority to remove and take vehicles into
custody under ORS 819.120.
(3) Subject to ORS 819.150, vehicles and the contents of vehicles
removed and taken into custody under this section are subject to a lien
as provided under ORS 819.160.
(4) An authority removing a vehicle under this section shall cause
the vehicle to be appraised within a reasonable time by a person
authorized to perform such appraisals under ORS 819.230.
(5) Vehicles removed and taken into custody under this section are
subject to sale under ORS 819.210 or 819.220 if the vehicles are not
reclaimed as provided under ORS 819.150 or returned to the owner or
person entitled to possession under ORS 819.190. [1983 c.338 §417; 1995
c.758 §8](1) An authority described under ORS 819.140 may
immediately take custody of 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.
(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
extends within the highway shoulder or bicycle lane:
(A) Of any freeway within the city limits of any city in this state
during the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m.;
(B) Of any freeway within 1,000 feet of the area where a freeway
exit or entrance ramp meets the freeway; or
(C) Of any highway during or into the period between sunset and
sunrise if the vehicle presents a clear danger.
(3) As used in this section, “hazard or obstruction” does not
include parking in a designated parking area along any highway or, except
as described in subsection (2) of this section, parking temporarily on
the shoulder of the highway as indicated by a short passage of time and
by the operation of the hazard lights of the vehicle, the raised hood of
the vehicle, or advance warning with emergency flares or emergency signs.
(4) After taking a vehicle into custody under this section an
authority taking custody of a vehicle is required to give the notice
described under ORS 819.180 and, if requested, a hearing described under
ORS 819.190.
(5) The authority in this section to remove and take vehicles into
custody is in addition to any authority to remove and take vehicles into
custody under ORS 819.110.
(6) Subject to ORS 819.150, vehicles and the contents of vehicles
removed and taken into custody under this section are subject to a lien
as provided under ORS 819.160.
(7) An authority removing a vehicle under this section shall cause
the vehicle to be appraised within a reasonable time by a person
authorized to perform such appraisals under ORS 819.230.
(8) Vehicles removed and taken into custody under this section are
subject to sale or disposition under ORS 819.210 or 819.220 if the
vehicles are not reclaimed under ORS 819.150 or returned to the owner or
person entitled thereto under ORS 819.190.
(9) The Oregon Transportation Commission, by rule, shall establish
additional criteria for determining when vehicles on state highways,
interstate highways and state property are subject to being taken into
immediate custody under this section. [1983 c.338 §418; 1985 c.77 §1;
1991 c.464 §1; 1995 c.758 §9](1) This section establishes which agency has the
authority to remove and take vehicles into custody under ORS 819.110 and
819.120. The agency with authority for removal is responsible for notice
and hearings under ORS 819.170 to 819.190 and for the sale or disposal of
the vehicle under ORS 819.210 or 819.220. Authority for removal of a
vehicle depends on the location of the vehicle as described under the
following:
(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
Department of Transportation may provide for a vehicle to be taken into
custody. When the Department of State Police or the Department of
Transportation exercises powers described in this section, the Department
of State Police or the Department of Transportation shall notify either
the sheriff or an appropriate authority of the county in which the
vehicle is located. The authority notified by the Department of State
Police or the Department of Transportation shall exercise the powers
described in this section in lieu of the Department of State Police or
the Department of Transportation and shall exercise authority over the
vehicle. Action taken by the Department of State Police or the Department
of Transportation under this subsection is not subject to ORS chapter
183. The authority actually providing for the removal of the vehicle is
subject to the appropriate procedures upon removal and sale or disposal
of the vehicle.
(b) If the vehicle is upon the right of way of a county road or any
other highway or property within the boundaries of a county, the sheriff
of the county or a county agency with appropriate authority may take the
vehicle into custody and exercise the powers relating to authority over
the vehicle described in this section.
(c) If the vehicle is on a city street or alley, on an interstate
highway or other highway within the boundaries of the city or on any
other property within the boundaries of a city, the city police or a city
agency with appropriate authority may take the vehicle into custody and
exercise the powers relating to authority over the vehicle described in
this section.
(2) Except as otherwise provided by this section, an agency taking
custody of a vehicle under ORS 819.110 or 819.120 may:
(a) Use its own personnel, equipment and facilities for the removal
and preservation of such vehicles; or
(b) Hire or otherwise engage other personnel, equipment and
facilities for that purpose. [1983 c.338 §420; 1985 c.16 §222; 1995 c.758
§10; 2003 c.819 §1] 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:
(1) Is liable for all costs and expenses incurred in the removal,
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 pay storage charges for a period in excess of 20 days unless the
person has received a written notice under ORS 819.160. In no case shall
a person be required to pay storage charges for a storage period in
excess of 60 days.
(b) A security interest holder is not liable under this subsection
unless the security interest holder reclaims the vehicle.
(2) May reclaim the vehicle at any time after it is taken into
custody and before the vehicle is sold or disposed of under ORS 819.210
or 819.220 upon presentation to the authority holding the vehicle of
satisfactory proof of ownership or right to possession and upon payment
of costs and expenses for which the person is liable under this section.
(3) If the vehicle is taken into custody under ORS 819.110 or
819.120, has a right to request and have a hearing under ORS 819.190 or
under procedures established under ORS 801.040, as appropriate.
(4) If the vehicle is sold or disposed of under ORS 819.210,
819.215, 819.220 or 819.280, has no further right, title or claim to or
interest in the vehicle or the contents of the vehicle.
(5) If the vehicle is sold or disposed of under ORS 819.210, has a
right to claim the balance of the proceeds from the sale or disposition
as provided under ORS 819.260.
(6) Has no right to a hearing if the vehicle is disposed of under
ORS 819.215 or 819.280. [1983 c.338 §421; 1985 c.316 §2; 1993 c.233 §64;
1993 c.385 §§5,5a; 1995 c.79 §378; 1995 c.758 §11; 2005 c.738 §4] (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:
(a) An abandoned vehicle appraised at a value of more than $500 by
a person who holds a certificate issued under ORS 819.230.
(b) A vehicle taken into custody under ORS 819.110 or 819.120,
unless it is an abandoned vehicle appraised at a value of $500 or less by
a person who holds a certificate issued under ORS 819.230.
(c) A vehicle left parked or standing in violation of ORS 811.555
or 811.570.
(2) A lien established under this section shall be on the vehicle
and its contents for the just and reasonable charges for the towing
service performed and any storage provided. However, if the person who
tows the vehicle fails to comply with the notice requirements of
subsection (3) of this section, the amount of any lien claimed under this
paragraph shall be limited to an amount equal to the just and reasonable
charges for the towing service performed and storage provided for a
period not exceeding 20 days from the date the vehicle and its contents
were placed in storage. The lien shall be subject to the provisions for
liens under ORS 98.812 (3). The person holding the lien may retain
possession of the vehicle and contents until the charges on which the
lien is based are paid. A lien described under this section does not
attach:
(a) To the contents of any vehicle taken from public property until
15 days after taking the vehicle into custody.
(b) To the contents of any vehicle that is taken into custody for
violation of ORS 811.555 or 811.570.
(3) A person who tows any vehicle at the request of an authority
under ORS 819.110 or 819.120 shall transmit by certified mail, within 20
days after the vehicle and its contents are placed in storage, written
notice, approved by the authority, containing information on the
procedures necessary to obtain a hearing under ORS 819.190. The notice
shall be provided to the owner, a person entitled to possession or any
person with an interest recorded on the title to the vehicle. This
subsection does not apply to a person who tows an abandoned vehicle that
is appraised at a value of $500 or less by a person who holds a
certificate issued under ORS 819.230. [1983 c.338 §422; 1985 c.16 §223;
1993 c.326 §5; 1993 c.385 §6; 1995 c.79 §379; 1995 c.758 §12] 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:
(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) Notice shall state all of the following:
(a) That the vehicle will be subject to being taken into custody
and removed by the appropriate authority if the vehicle is not removed
before the time set by the appropriate authority.
(b) The statute, ordinance or rule violated by the vehicle and
under which the vehicle will be removed.
(c) The place where the vehicle will be held in custody or the
telephone number and address of the appropriate authority that will
provide the information.
(d) That the vehicle, if taken into custody and removed by the
appropriate authority, will be subject to towing and storage charges and
that a lien will attach to the vehicle and its contents.
(e) That the vehicle will be sold to satisfy the costs of towing
and storage if the charges are not paid.
(f) That the owner, possessor or person having an interest in the
vehicle is entitled to a hearing, before the vehicle is impounded, to
contest the proposed custody and removal if a hearing is timely requested.
(g) That the owner, possessor or person having an interest in the
vehicle may also challenge the reasonableness of any towing and storage
charges at the hearing.
(h) The time within which a hearing must be requested and the
method for requesting a hearing. [1983 c.338 §423; 1985 c.316 §3; 1993
c.385 §§7,7a; 1995 c.758 §13] (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 removal, 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.
(2) Any notice given under this section after a vehicle is taken
into custody and removed shall state all of the following:
(a) That the vehicle has been taken into custody and removed, the
identity of the appropriate authority that took the vehicle into custody
and removed the vehicle and the statute, ordinance or rule under which
the vehicle has been taken into custody and removed.
(b) The location of the vehicle or the telephone number and address
of the appropriate authority that will provide the information.
(c) That the vehicle is subject to towing and storage charges, the
amount of charges that have accrued to the date of the notice and the
daily storage charges.
(d) That the vehicle and its contents are subject to a lien for
payment of the towing and storage charges and that the vehicle and its
contents will be sold to cover the charges if the charges are not paid by
a date specified by the appropriate authority.
(e) That the owner, possessor or person having an interest in the
vehicle and its contents is entitled to a prompt hearing to contest the
validity of taking the vehicle into custody and removing it and to
contest the reasonableness of the charges for towing and storage if a
hearing is timely requested.
(f) The time within which a hearing must be requested and the
method for requesting a hearing.
(g) That the vehicle and its contents may be immediately reclaimed
by presentation to the appropriate authority of satisfactory proof of
ownership or right to possession and either payment of the towing and
storage charges or the deposit of cash security or a bond equal to the
charges with the appropriate authority. [1983 c.338 §424; 1985 c.316 §4;
1993 c.385 §8; 1995 c.758 §14]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
removed and disposed of as though notice and an opportunity for a hearing
had been given. [1995 c.758 §22] 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 removal and
custody under ORS 819.120 or proposed removal 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:
(1) If the authority proposing to remove a vehicle under ORS
819.110 receives a request for hearing before the vehicle is taken into
custody and removed, the vehicle shall not be removed unless the vehicle
constitutes a hazard.
(2) A request for hearing shall be in writing and shall state
grounds upon which the person requesting the hearing believes that the
custody and removal of the vehicle is not justified.
(3) Upon receipt of a request for a hearing under this section, the
appropriate authority shall set a time for the hearing within 72 hours of
the receipt of the request and shall provide notice of the hearing to the
person requesting the hearing and to the owners of the vehicle and any
lessors or security interest holders shown in the records of the
Department of Transportation, if not the same as the person requesting
the hearing. The 72-hour period in this subsection does not include
holidays, Saturdays or Sundays.
(4) If the appropriate authority finds, after hearing and by
substantial evidence on the record, that the custody and removal of a
vehicle was:
(a) Invalid, the appropriate authority shall order the immediate
release of the vehicle to the owner or person with right of possession.
If the vehicle is released under this paragraph, the person to whom the
vehicle is released is not liable for any towing or storage charges. If
the person has already paid the towing and storage charges on the
vehicle, the authority responsible for taking the vehicle into custody
and removing the vehicle shall reimburse the person for the charges. New
storage costs on the vehicle will not start to accrue, however, until
more than 24 hours after the time the vehicle is officially released to
the person under this paragraph.
(b) Valid, the appropriate authority shall order the vehicle to be
held in custody until the costs of the hearing and all towing and storage
costs are paid by the party claiming the vehicle. If the vehicle has not
yet been removed, the appropriate authority shall order its removal.
(5) A person who fails to appear at a hearing under this section is
not entitled to another hearing unless the person provides reasons
satisfactory to the appropriate authority for the person’s failure to
appear.
(6) An appropriate authority is only required to provide one
hearing under this section for each time the appropriate authority takes
a vehicle into custody and removes the vehicle or proposes to do so.
(7) A hearing under this section may be used to determine the
reasonableness of the charge for towing and storage of the vehicle.
Towing and storage charges set by law, ordinance or rule or that comply
with law, ordinance or rule are reasonable for purposes of this
subsection.
(8) An authority shall provide a written statement of the results
of a hearing held under this section to the person requesting the hearing.
(9) Hearings held under this section may be informal in nature, but
the presentation of evidence in a hearing shall be consistent with the
presentation of evidence required for contested cases under ORS 183.450.
(10) The hearings officer at a hearing under this section may be an
officer, official or employee of the appropriate authority but shall not
have participated in any determination or investigation related to taking
into custody and removing the vehicle that is the subject of the hearing.
(11) The determination of a hearings officer at a hearing under
this section is final and is not subject to appeal. [1983 c.338 §425;
1985 c.16 §224; 1985 c.316 §5]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](Disposal of Vehicle) (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 authority with custody of the vehicle
shall either:
(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 the vehicle in which they are found.
(3) The authority to dispose of a vehicle under this section is in
addition to any authority under ORS 819.220.
(4) Funds received from the sale of a vehicle or its contents under
this section shall be disposed of as provided in ORS 819.250.
(5) Upon sale of a vehicle under this section, an authority shall
issue a certificate of sale as described in ORS 819.240. [1983 c.338
§427; 1995 c.758 §15] (1) If an
abandoned vehicle is appraised at a value of $500 or less by a person who
holds a certificate issued under ORS 819.230, the person who towed the
vehicle or the authority that requested the tow, if the authority chooses
to dispose of the vehicle, shall:
(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
possession of it within 15 days of the date of notice under subsection
(3) of this section, dispose of the vehicle and its contents to a person
who holds a valid dismantler certificate issued under ORS 822.110.
(2) The authority that requests towing of an abandoned vehicle
shall provide the tow company, at the time of the tow, the name and
address of the registered owner of the vehicle, as shown by records of
the department, and the names and addresses of any persons claiming
interests in the vehicle, as shown by records of the department.
(3) The person who tows the vehicle, or the authority that
requested the tow if the authority chooses to dispose of the vehicle,
shall give written notice, within 48 hours of the day the vehicle was
towed, to the persons whose names are furnished under subsection (2) of
this section. The 48 hours shall not include Saturdays, Sundays or
holidays. The notice shall state that a person entitled to possession of
the vehicle has 15 days from the date the notice was mailed to claim the
vehicle and that if the vehicle is not claimed, it will be disposed of as
provided in this section.
(4) Disposal of a vehicle to a dismantler as provided in this
section extinguishes all prior ownership and possessory rights.
(5) The department shall adopt rules specifying the form in which
notification to the department required by subsection (1) of this section
shall be submitted and what information shall be conveyed to the
department. The person disposing of the vehicle may submit to the
dismantler a copy of any notification submitted to the department under
this section instead of submitting to the dismantler ownership or other
title documents for the vehicle. [1993 c.326 §2; 1995 c.758 §16; 2005
c.654 §29]Note: 819.215 was added to and made a part of ORS chapter 819 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. (1)
If a vehicle taken into custody under ORS 819.110 or 819.120 is appraised
at a value of $1,000 or less, or if it is an abandoned vehicle appraised
at a value of $1,000 or less but more than $500, the authority with
custody of the vehicle may dispose of the vehicle without notice and
public auction if any of the following occur:
(a) The owner of the vehicle and any lessor or security interest
holder shown in the records of the Department of Transportation sign a
release, under oath, disclaiming any future interest in the vehicle.
(b) The owner and any lessor or security interest holder shown in
the records of the department have been sent notification of the location
of the vehicle and, within 15 days after the date the notification is
mailed, the persons notified have not signed releases or the vehicle has
not been reclaimed. Failure to sign a release or to reclaim the vehicle
shall constitute a waiver of interest in the vehicle.
(2) Upon completion of the requirements under this section, the
authority may sell the vehicle without notice and public auction to any
of the persons described in this subsection. The authority shall issue to
the person purchasing the vehicle a certificate of sale described under
ORS 819.240 and shall notify the person that the person might be required
by the provisions of ORS 819.016 to apply for a salvage title. The
authority may sell a vehicle under this subsection to any of the
following:
(a) A dismantler with a certificate issued under ORS 822.110.
(b) Any other person who complies with the provisions of ORS
819.010.
(3) Upon disposition of a vehicle under this section the vehicle
shall cease to be a vehicle for purposes of the vehicle code, except as
provided in the following:
(a) The person purchasing the vehicle is subject to the provisions
of ORS 819.010 and 819.040 relating to salvage procedures and
requirements for destruction of vehicles.
(b) The provisions of ORS 819.030 apply to the procedures of the
department relating to the vehicle, as appropriate.
(4) The authority to sell or dispose of a vehicle under this
section is in addition to any authority under ORS 819.210. [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](1) A person who is issued an appraiser
certificate by the Department of Transportation under this section is
qualified to appraise vehicles for sale under ORS 819.210 and 819.220.
(2) The department shall establish rules to provide for issuance of
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
individuals to conduct vehicle appraisals in accordance with the rules of
the department and generally accepted methods of appraisal.
(b) A system for issuance of appraiser certificates to persons who
qualify under the rules of the department.
(c) Procedures and grounds for revocation or suspension of
appraiser certificates issued under this section if the department
determines the person holding the certificate has violated the rules
adopted by the department.
(d) A procedure for renewal of appraiser certificates issued under
this section.
(3) Appraiser certificates issued under this section are subject to
the following:
(a) A certificate shall expire two years from the date of issuance
unless renewed according to the rules of the department.
(b) The department shall not issue an appraiser certificate to a
person until the person has paid the fee for issuance of an appraiser
certificate under ORS 822.700.
(c) The department shall not renew an appraiser certificate issued
under this section until the holder has paid the fee for renewal of an
appraiser certificate under ORS 822.700. [1983 c.338 §810](1) When any vehicle is sold under ORS 819.210 or 819.220,
the authority selling the vehicle under that section, at the time of the
payment of the purchase price, shall execute a certificate of sale in
duplicate. The original certificate of sale shall be delivered to the
purchaser and the copy shall be retained by the authority. The
certificate of sale shall contain the name and address of the purchaser,
the date of sale, the consideration paid, a description of the vehicle
and a stipulation that no warranty is made as to the condition or title
of the vehicle.
(2) The purchaser, upon presentation of the certificate of sale to
the Department of Transportation and payment of the fees required by law,
is entitled to be issued title and a registration card for the vehicle or
to be issued a salvage title, as appropriate. [1983 c.338 §429; 1991
c.873 §41; 1993 c.233 §65] (1) When any vehicle is sold
under ORS 819.210 or 819.220, the authority selling the vehicle shall
transmit to the Department of Transportation, and to the treasurer of
that authority, a return of sale setting forth:
(a) A description of the vehicle;
(b) The purchase price;
(c) The name and address of the purchaser;
(d) The costs incurred in the sale; and
(e) The costs and expenses incurred in the removal, preservation
and custody of the vehicle.
(2) The authority selling the vehicle under ORS 819.210 or 819.220
shall transmit to the treasurer of that authority, with the return of
sale, the balance of the proceeds of the sale. The authority may deduct
from the proceeds the costs incurred in the sale and the costs and
expenses incurred in the removal, preservation and custody of the
vehicle. Upon receipt of the return of sale and such proceeds, the
treasurer of the authority shall deposit such proceeds in the general
fund of the authority and file in the treasurer’s office the return of
sale. [1983 c.338 §430; 1985 c.16 §226; 1985 c.94 §1] At any time
within two years after the sale of a vehicle under ORS 819.210, the
former owner or former interest holder of the vehicle may recover the
proceeds from the general fund of the selling authority under ORS 819.250
by filing a claim with the authority. The claim shall be audited and paid
as are other claims against the authority. [1983 c.338 §431; 1985 c.316
§7](Related Offense)(1) A person commits the offense of illegal operation of a junk
vehicle sold by a public body if the person operates a vehicle previously
sold under ORS 819.220 and the vehicle is not registered as a
reconstructed vehicle, an assembled vehicle or a replica.
(2) The offense described in this section, illegal operation of a
junk vehicle sold by a public body, is a Class C misdemeanor. [1983 c.338
§432; 1987 c.119 §7]VEHICLES WITH LOW APPRAISAL VALUE(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
$500 or less, as determined by a holder of a certificate issued under ORS
819.230, 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.
(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 notification to the person requesting the disposal and
the Department of Transportation of all of the following:
(A) The name and address of the person requesting the disposal;
(B) The vehicle identification number;
(C) The appraised value of the vehicle;
(D) The appraiser’s certificate number and signature; and
(E) The name and address of the authority disposing of the vehicle.
(d) Dispose of the vehicle and its contents to a person who holds a
valid dismantler certificate issued under ORS 822.110.
(3) The authority disposing of the vehicle may charge the person
requesting the disposal a fee to dispose of the vehicle.
(4) Disposal of a vehicle to a dismantler as provided in this
section extinguishes all prior ownership and possessory rights.
(5) The department shall adopt rules specifying the form in which
notification required by subsection (2) of this section shall be
submitted and what additional information shall be conveyed to the
department.
(6) In lieu of submitting ownership or other title documents for
the vehicle, the authority disposing of the vehicle may submit to the
dismantler a copy of the notification provided to the department under
subsection (2) of this section. [2005 c.738 §2; 2005 c.738 §2a]STOLEN VEHICLES (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.
(2) The offense described in this section, possession of a stolen
vehicle, is a Class C felony. [1983 c.338 §297] (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.
(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 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:
(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 department.
(3) The vehicle identification number shall be affixed on an
appropriate place on the vehicle or component by the department or, at
the discretion of the department, by a police agency that has custody of
the vehicle or component.
(4) The department shall not assign a vehicle identification number
to a vehicle or component from which the identification number assigned
to the vehicle or component has been removed, defaced, covered, altered
or destroyed unless the vehicle or component has been:
(a) Held and inspected by a police agency under ORS 819.440; or
(b) Inspected by a specially qualified inspector or police officer
for the purpose of locating the identification number and if the number
is found it shall be checked with the list of stolen vehicles maintained
by the National Crime Information Center. [1983 c.338 §293; 1985 c.253 §9](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.
(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 violation. [1983 c.338 §294; 1985 c.253 §10; 1995 c.383 §97](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.
(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](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.
(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]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:
(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 vehicles maintained by the National Crime Information
Center.
(3) If the identification number is not found the police agency
shall apply to the Department of Transportation for renumbering under ORS
819.400.
(4) When the property is not listed as stolen and the
identification number is established, the property shall be returned to
the person from whom it was seized if:
(a) The person can establish that the person is the owner of the
property;
(b) The person executes a good and valid surety bond in an amount
at least equal to the market value of the property and conditioned upon
return of the property to the owner, if one can be established; or
(c) The person has a certificate as a vehicle dealer issued under
ORS 822.020 or a dismantler certificate issued under ORS 822.110.
(5) If the person to whom the property was returned does not
establish the person’s ownership of the property, the police agency shall
make reasonable efforts to determine the names and addresses of the owner
and all persons of record having an interest in the property. If the
police agency is able to determine the names and addresses of the owner
and such other interested persons it shall immediately notify the owner
by registered or certified mail of the disposition of the property.
(6) If the identification number of property seized is not
established or if the property is reported as stolen the police agency
having custody of the property shall do all of the following:
(a) After making reasonable efforts to ascertain the names and
addresses of the owner and all persons of record having an interest in
the property, notify the person from whom the property was seized, and
the owner and such other persons if they can be ascertained, of their
right to respond within 60 days from the issuance of the notice through
court action for the return of the seized property.
(b) Advertise, as required by this subsection, the taking of the
property, the description thereof and a statement of the rights of an
owner or other persons of record having an interest in the property to
respond through court action for the return of the seized property.
(c) Place the advertisement in a daily newspaper published in the
city or county where the property was taken, or if a daily newspaper is
not published in such city or county, in a newspaper having weekly
circulation in the city or county, once a week for two consecutive weeks
and by handbills posted in three public places near the place of seizure.
(7) If court action is not initiated within 60 days from the
issuance of notice the property shall be sold at public auction by the
sheriff or other local police agency having custody of the property.
(8) Property seized and held by or at the direction of the
Department of State Police shall be delivered to the sheriff of the
county in which the vehicle was located at the time it was taken into
custody for sale under this subsection.
(9) The sheriff or other local police agency, after deducting the
expense of keeping the property and the cost of sale, shall do the
following:
(a) Pay all the security interests, according to their priorities
which are established by intervention or otherwise at such hearing or in
other proceeding brought for that purpose.
(b) Pay the balance of the proceeds into the general fund of the
unit of government employing the officers of the selling police agency.
[1983 c.338 §413; 1993 c.751 §77; 1995 c.79 §380; 2005 c.654 §31]
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