2013 ORS § 98.854¹
Prohibitions placed on tower
  • exceptions
  • conditions allowing towing

(1) A tower may not:

(a) Except as provided in subsection (3) of this section, tow a motor vehicle from a parking facility without first contacting the owner of the facility or the owners agent at the time of the tow.

(b) Tow a motor vehicle from a parking facility if the parking facility owner or owners agent is an employee of a tower.

(c) Tow a motor vehicle without providing to the owner or operator of the motor vehicle the information required under ORS 98.856 (Conditions requiring release of vehicle) in the manner required under ORS 98.856 (Conditions requiring release of vehicle).

(d) Charge more than a price disclosed under ORS 98.856 (Conditions requiring release of vehicle) when towing a motor vehicle with the prior consent or authorization of the owner or operator of the motor vehicle.

(e) Charge more than an amount set under ORS 98.859 (Maximum rates for towing) when towing a motor vehicle without the prior consent or authorization of the owner or operator of the motor vehicle.

(f) Solicit towing business at, or within 1,000 feet of, the site of a motor vehicle accident, unless the tower tows the motor vehicle pursuant to a prenegotiated payment agreement between the tower and a motor vehicle road service company.

(g) Except as provided in subsection (2) of this section, park a tow vehicle within 1,000 feet of a parking facility for the purpose of monitoring the parking facility for towing business.

(h) Provide consideration to obtain the privilege of towing motor vehicles from a parking facility. For the purposes of this paragraph, the provision of:

(A) Signs by a tower under ORS 98.862 (Exceptions to requirements of ORS 98.856) does not constitute consideration.

(B) Goods or services by a tower below fair market value constitutes consideration.

(i) Require, as a condition of towing a motor vehicle or releasing a motor vehicle or personal property in the motor vehicle, that the owner or operator of the motor vehicle agree not to dispute:

(A) The reason for the tow;

(B) The validity or amount of charges; or

(C) The responsibility of the tower for the condition of the motor vehicle or personal property in the motor vehicle.

(j) Hold a towed motor vehicle for more than 24 hours without:

(A) Taking an inventory of all personal property in the motor vehicle that is visible from the exterior of the motor vehicle; and

(B) Holding the personal property in the motor vehicle in a secure manner.

(k) Accept cash as a method of payment for towing services unless the tower provides exact change not later than the end of the business day following receipt of payment.

(L) Operate in a city or county without a license issued by the city or county if required by ORS 98.861 (Licenses for towing).

(m) Charge for the hookup and release of a motor vehicle except as provided in ORS 98.856 (Conditions requiring release of vehicle).

(2) A tower may park a tow vehicle within 1,000 feet of a parking facility for the purpose of monitoring the parking facility for towing business if the tower provides notice of the hours during which monitoring occurs on signs that are clearly readable by an operator of a motor vehicle in each parking stall or at each entrance to the parking facility.

(3) A tower may tow a motor vehicle if the motor vehicle:

(a) Blocks or prevents access by emergency vehicles;

(b) Blocks or prevents entry to the premises;

(c) Blocks a parked motor vehicle;

(d) Violates a prominently posted no parking sign that warns that parking is prohibited 24 hours a day; or

(e) Parks without permission in a parking facility used for residents of an apartment and:

(A) There are more residential units than there are parking spaces;

(B) The landlord has issued parking tags or other devices that identify vehicles that are authorized to be parked on the premises; and

(C) There are signs posted that are clearly readable by an operator of a motor vehicle in each parking stall or at each entrance to the parking facility prohibiting or restricting public parking on the parking facility. [2007 c.538 §3; 2009 c.622 §2; 2013 c.135 §1; 2013 c.691 §1]