Chapter 748 Oregon Laws 2001
AN ACT
SB 107
Relating to impounded
vehicles; creating new provisions; amending ORS 809.716 and 809.720; and
repealing ORS 809.715.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 809.720 is amended to read:
809.720. (1) A police officer who has probable cause to
believe that a person, at or just prior to the time the police officer stops
the person, has committed an offense described in this subsection may, without
prior notice, order the vehicle impounded until a person with right to
possession of the vehicle complies with the conditions for release or the
vehicle is ordered released by a hearings officer. This subsection applies to
the following offenses:
(a) Driving while suspended or revoked in violation of ORS
811.175 or 811.182.
(b) Driving while under the influence of intoxicants in
violation of ORS 813.010.
(c) Operating without driving privileges or in violation of
license restrictions in violation of ORS 807.010.
(d) Driving
uninsured in violation of ORS 806.010.
(2) Notice that the vehicle has been impounded shall be
given to the same parties, in the same manner and within the same time limits
as provided in ORS 819.180 for notice after removal of a vehicle.
(3) A vehicle impounded under subsection (1) of this
section shall be released to a person entitled to lawful possession upon
compliance with the following:
(a) Submission of proof that a person with valid driving
privileges will be operating the vehicle;
(b) Submission of proof of compliance with financial
responsibility requirements for the vehicle; and
(c) Payment to the police agency of an administrative fee
determined by the agency to be sufficient to recover its actual administrative
costs for the impoundment.
(4) Notwithstanding subsection (3) of this section, a
person who holds a security interest in the impounded vehicle may obtain
release of the vehicle by paying the administrative fee.
(5) When a person entitled to possession of the impounded
vehicle has complied with the requirements of subsection (3) or (4) of this
section, the impounding police agency shall authorize the person storing the
vehicle to release it upon payment of any towing and storage costs.
(6) Notwithstanding
subsection (3) of this section, the holder of a towing business certificate
issued under ORS 822.205 may foreclose a lien created by ORS 87.152 for the
towing and storage charges incurred in the impoundment of the vehicle, without
payment of the administrative fee under subsection (3)(c) of this section.
[(6)] (7) Nothing in this section or ORS 809.716 limits either the
authority of a city or county to adopt ordinances dealing with impounding of
uninsured vehicles or the contents of such ordinances except that cities and counties shall comply with the notice
requirements of subsection (2) of this section and ORS 809.725.
(8) A police agency
may not collect its fee under subsection (3)(c) of this section from a holder
of a towing business certificate issued under ORS 822.205 unless the holder has
first collected payment of any towing and storage charges associated with the
impoundment.
SECTION 2.
ORS 809.715 is repealed.
SECTION 3.
ORS 809.716 is amended to read:
809.716. (1) A person entitled to lawful possession of a
vehicle impounded under ORS [809.715 or]
809.720 may request a hearing to contest the validity of the impoundment. A
request must be made within five calendar days after the date that notice of
the impoundment is mailed, as evidenced by the postmark, not including
Saturdays, Sundays or holidays. The request shall be made to a person
designated by the impounding police agency to receive such requests.
(2) When a timely request for a hearing is made, a hearing
shall be held before a hearings officer designated by the impounding police
agency. The hearing shall be set for four calendar days after the request is
received, excluding Saturdays, Sundays and holidays, but may be postponed at
the request of the person asking for the hearing.
(3) The impounding police agency shall have the burden of
proving by a preponderance of the evidence that there were reasonable grounds
to believe that the vehicle was being operated in violation of ORS 806.010,
807.010, 811.175, 811.182 or 813.010. The police officer who ordered the
vehicle impounded may submit an affidavit to the hearings officer in lieu of
making a personal appearance at the hearing.
(4) If the hearings officer finds that the impoundment of
the vehicle was proper, the hearings officer shall enter an order supporting
the removal and shall find that the owner or person entitled to possession of
the vehicle is liable for usual and customary towing and storage costs. The
hearings officer may also find the owner or person entitled to possession of
the vehicle liable for costs of the hearing.
(5) If the hearings officer finds that impoundment of the
vehicle was improper, the hearings officer shall order the vehicle released to
the person entitled to possession and shall enter a finding that the owner or
person entitled to possession of the vehicle is not liable for any towing or
storage costs resulting from the impoundment. If there is a lien on the vehicle
for towing and storage charges, the hearings officer shall order it paid by the
impounding police agency.
(6) A police agency may contract with another agency or
entity to conduct hearings under this section.
SECTION 4.
(1) The amendments to ORS 809.716 and
809.720 by sections 1 and 3 of this 2001 Act and the repeal of ORS 809.715 by
section 2 of this 2001 Act apply to vehicles impounded on or after the
effective date of this 2001 Act.
(2) A vehicle impounded
pursuant to ORS 809.715 (1999 Edition) that has not been released or otherwise
disposed of prior to the effective date of this 2001 Act shall be considered to
have been impounded pursuant to ORS 809.720.
Approved by the Governor
July 6, 2001
Filed in the office of
Secretary of State July 6, 2001
Effective date January 1,
2002
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