OAR 750-010-0001: Definitions.

As used in OAR Chapter 750 and in the implementation and administration of the laws assigned to the Board to administer: (1) "Administrator" means the Board Administrative Officer appointed under ORS 822.260. (2) "Agent" or "Owner's agent" means: (a) A person authorized by the property owner to lawfully act as the property owner's agent in identifying or authorizing a vehicle to be towed in ORS 98.853 (Conditions allowing towing) to 98.854 (Prohibitions placed on tower). (b) A tower, its employee, sub-contractor, representative or delegate cannot act as a property owner's agent for the purposes of identifying or authorizing a vehicle to be towed without the consent of the vehicle owner or operator. (3) "Board", "SBOT", “Tow Board", or "Towing Board" means the State Board of Towing. (4) "Compensation" means: Something of value received for providing towing services including, but not limited to direct payment, commissions, tips, donations, discounts, barter, trade, and any other economic or non-economic benefit or consideration in exchange for towing services. (5) "DMV" means the Oregon Department of Transportation, Driver and Motor Vehicle Services. (6) "Employee" means: any party compensated, directly or indirectly, by the tower, including contractors or sub-contractors paid or reimbursed by the tower to identify towing business for the tower. (7) "Industry" means the collective tow operators, tow businesses, and other entities working in the tow and recovery professions. (8) "Law" means a written statute passed by the Oregon Legislature. (9) "Non Preference Towing" means the rotational list of towing businesses established by Oregon State Police under ORS 181A.350, or other non preference or rotational list used any law enforcement or government agency. (10) "OAR" means an Oregon Administrative Rule adopted by the Board or other state agency or board and filed with the Oregon Secretary of State. (11) "ODOT" means Oregon Dept. of Transportation. (12) "Operator of the vehicle" means a person who demonstrates physical control of a vehicle. (13) “ORS" means Oregon Revised Statute, written laws passed by the Oregon Legislature. (14) "OSP" means Oregon State Police. (15) "Owner of a motor vehicle" means the owner as defined in ORS 801.375. (16) "Owner of a parking facility" or "owner of the parking facility" means the owner of a parking facility as defined in ORS 98.805 (1). (17) "Person in lawful possession," " person with right to possession of the vehicle," and "person entitled to possession" means a person identified in ORS 802.240. (18) As used in ORS 822.200(1)(c), "purports to be engaged in" means to solicit or advertise towing services through the telephone book, business directory, newspaper, radio, television, posting on vehicles, signs, business, billboards or by any other means as defined in OAR 735-154-0000 (2) (a). (19) "Respondent" means the person or entity to whom a formal enforcement action is issued. (20) "Special Committee" or "Subcommittee" means a standing, special, ad hoc, or other committee comprised of no more than three Board Members created to assist with the work of the Board as assigned. (21) “Tow Certificate" or "Towing Business Certificate" means a tow or recovery vehicle business certificate issued by DMV under ORS 822.205. (22) "Tow Truck" means a motor vehicle operated for compensation equipped with equipment designed and intended for towing or the recovery of wrecked, disabled, or abandoned vehicles or other objects creating a hazard on the public roadways. If a tow operator, or tow truck owner business, profits, benefits, or is compensated for operation of the vehicle in towing or recovery, the vehicle must be considered a tow truck under OAR Chapter 750. (23) "Tower" means the person as defined in ORS 98.852. (24) "Towing Business" means an individual, partnership, corporation, or other business entity that owns or operates a tow or recovery vehicle for commercial purposes. (25) "Upon request" means: (a) On the date and at the time the request is received by the tower. (b) If the request is outside of business hours, the document is to be provided no later than the end of the business day.