SLR 4-17.955: TOWING AND IMPOUNDMENT

(1) Standard for Issuance of Tow Order. The court may issue an order permitting a vehicle to be towed and impounded if; (a) the vehicle has been issued at least six parking citations that remain unpaid; OR (b) at least $500 in accrued fines and fees are owed on judgments attributable to parking citations issued to the vehicle. (2) Tow Orders In Rem. An Order issued in accordance with this rule is in rem, or directed toward the vehicle that was cited for parking violations when the assessed fine on those citations remains unpaid. Subject to the provisions of subsection (3) of this rule, a vehicle may be towed and impounded without regard to transfer(s) of title to the vehicle. (3) Outstanding Citations and Requests for Release. (a) Any contrary provisions of this Chapter notwithstanding, once a vehicle has been towed and impounded in accordance with this rule, any parking citations that have been issued to the vehicle but remain unadjudicated must be addressed according to SLR 17.015 prior to release of the vehicle. (b) If an in-person hearing is requested to release a vehicle towed and impounded in accordance with this rule, the hearing shall be held within two business days of the request. (c) Subject to the further provisions of this rule and any other conditions imposed by the judicial officer considering the release request, all outstanding fees and fines owing on closed, adjudicated, or parking citations in which the incident date is older than 6 months must be paid in full as a condition of release. The judicial officer considering the release request may waive payment. Any payment waiver granted under this subsection is limited to release of the vehicle and does nothing to limit the underlying financial obligation. (d) A person requesting release of a vehicle towed and impounded in accordance with this rule need not make the payment required by subsection (3)(c) of this rule as a condition of the vehicle’s release if the person establishes with substantial evidence that: (i) the person is either a bona fide purchaser for value of the vehicle or a bona fide holder of a perfected security interest in the vehicle; AND (ii) if the person is a bona fide purchaser for value of the vehicle, all citations that resulted in the tow and impoundment (other than a citation issued contemporaneous with the tow itself) were issued prior to the date of purchase. (e) In order to satisfy the requirements of subsection (3)(d)(i) of this rule, the person requesting release of a vehicle as a bona fide purchaser for value must provide documentation satisfactory to the judicial officer including, without limitation, (i) bill of sale or equivalent documentation signed by the seller and the purchaser, (ii) proof of registration and title in the name of the purchaser, (iii) proof of fair market value at the time of purchase, and (iv) proof of payment of fair market value to the seller. In order to satisfy the requirements of subsection (3)(d)(ii) of this rule, the person requesting release of a vehicle as a perfected security interest holder must provide documentation satisfactory to the judicial officer including, without limitation, (i) an executed retail installment contract, as that term is defined in ORS 83.010(8), or an executed security agreement, as that term is defined in ORS 79.0102(uuu); (ii) a copy of the certificate of title with the retail installment contract holder or secured party listed thereon as the lienholder; and (iii) proof that the retail installment contract holder or secured party gave consideration in exchange for their security interest. In the event the transfer is between family members, spouses, cohabitants, business associates or others who, in the opinion of the judicial officer, share an interest in avoiding the towing and impoundment of the vehicle or payment of the underlying financial obligations, there shall be a rebuttable presumption that the transfer is not a bona fide purchase for value, or a bona fide security interest, which may only be overcome by clear and convincing evidence. Nothing in this subsection or in subsection (3)(d) of this rule should be construed to limit or otherwise address any financial obligations owed to third parties arising from the towing and impoundment of the vehicle or the rights of the bona fide purchaser against the seller or others. Any order releasing a vehicle to a secured party under this section shall provide that the secured party is prohibited from releasing the vehicle to the registered owner unless the registered owner demonstrates that the payment required by section 3(c) of this rule has been made, or upon further order of a judicial officer. (f) The party requesting release of a vehicle through an in-person hearing with a judicial officer must provide the following: (i) a valid driver’s license (with intact driving privileges); AND (ii) current automobile liability insurance in the driver’s name or in the name of the vehicle’s registered owner; AND (iii) current vehicle registration or DMV temporary trip travel permit; AND (iv) if the person seeking release is other than the registered owner, a notarized authorization from the registered owner authorizing release to that person or another identified individual. If the authorization is to another individual, that person must provide their valid driver’s license (with intact driving privileges). (4) Limited Release for Personal Property. In lieu of or preliminary to release of the vehicle under section (3) of this rule, a judicial officer may order release of personal property contained in the vehicle on such terms and under such conditions as the judicial officer may impose. CHAPTER 18 FORCIBLE ENTRY AND DETAINER (FED)