ORS 98.812: Towing of unlawfully parked vehicle; lien for towage, care and storage charges; notice requirements.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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. (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 this section, of the towed vehicle have been paid if the tower notifies the local law enforcement agency of the location of the towed vehicle within one hour after the towed vehicle is placed in storage. (3) A tower may not assess any storage charge against the towed vehicle under subsection (2) of this section that is incurred after: (a) If the towed vehicle is registered in Oregon, three business days after the vehicle is placed in storage unless, within that time, the tower delivers notice by mail or gives actual notice to the owner of the towed vehicle and to each person with an interest in the vehicle as indicated by the certificate of title. (b) If the towed vehicle is not registered in Oregon: (A) Three business days after the vehicle is placed in storage unless, within that time, the tower notifies and requests the title information from the records of the motor vehicle agency for the state in which the towed vehicle is registered. (B) Three business days from the date of receipt of the records requested under subparagraph (A) of this paragraph unless, within that time, the tower delivers notice by mail or gives actual notice to the owner of the towed vehicle and to each person with an interest in the vehicle as indicated by the requested records. (4) The lien created by subsection (2) of this section may be foreclosed only in the manner provided by ORS 87.172 (3) and 87.176 to 87.206 for foreclosure of liens arising or claimed under ORS 87.152. [1953 c.575 §2; 1977 c.634 §1; 1979 c.100 §4; 1981 c.861 §25; 1983 c.436 §4; 1993 c.385 §2; 2001 c.424 §1; 2007 c.538 §11; 2009 c.622 §1; 2017 c.480 §2; 2019 c.547 §1]
Administrative rules citing this section
- OAR 125-090-0000: Definitions — authority
- OAR 125-090-0002: Purpose — authority
- OAR 125-090-0003: Eligibility — authority
- OAR 125-090-0004: Parking Facilities Subject to DAS Management and Control — authority
- OAR 125-090-0015: Rates for Parking Facility Uses; Time of Review; Notice — authority
- OAR 125-090-0025: Terms Under Which Parking Facilities Are Leased — authority
- OAR 125-090-0035: Base Rates for Parking; Adjustments; Special Rates for Other Uses — authority
- OAR 125-090-0065: Schedule of Base Rates and Charges for Parking Facilities — authority
- OAR 125-090-0075: Payment for Daily Use of Parking Facilities — authority
- OAR 125-090-0085: Payment for Monthly Use of Parking Facilities — authority
- OAR 125-090-0095: General Rules; Parking for State Employees with Disabilities and Other Particular Rules — authority
- OAR 125-090-0105: Priority of Assignment; Reassignment; Waiting Lists — authority
- OAR 125-090-0115: Other Parking and Transportation Uses Provided; Visitor with Disabilities — authority
- OAR 125-090-0125: Space Sharing Program (SSP) — authority
- OAR 125-090-0132: Carpool/Vanpool Incentives — authority
- OAR 125-090-0145: Permit Cancellation; Refunds; Replacement Permits — authority
- OAR 125-090-0155: Enforcement — authority
- OAR 125-090-0165: Authority to Remove or Impound Bicycles or other Unclaimed Property — authority
- OAR 125-090-0175: Rescission, Refusal to Issue or Renew; Appeal Process — authority
- OAR 750-040-0008: Administration and Implementation of ORS 98.856 — authority
This rule cites
- ORS 98.810 — resolved
- ORS 87.172 — resolved
- ORS 87.152 — resolved
Cited by
- ORS 87.691: Sale of property subject to lien; advertisement of sale; treatment of vehicles, trailers and watercraft; satisfaction of lien before sale; use of sale proceeds.
- ORS 98.818: Preference of lien.
- ORS 98.820: Towing vehicle from fuel dispensary premises; civil immunity; lien.
- ORS 98.830: Towing abandoned vehicle from private property; civil immunity; lien.
- ORS 98.853: Tower obligations prior to and during tow; release of vehicle.
- ORS 801.040: Authority to adopt special provisions.
- ORS 811.615: Unlawful parking in space reserved for persons with disabilities; exceptions; penalty.
- ORS 811.620: Removal of vehicle illegally parked in space reserved for persons with disabilities.
- ORS 819.160: Lien for towing.
- ORS 822.230: City or county regulation of towing businesses.
- ORS 822.235: Recovery after theft.
- OAR 735-020-0012: Application for Title by Possessory Lien Foreclosure
- OAR 750-040-0008: Administration and Implementation of ORS 98.856
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors098.html