(1) After providing notice required under 819.170 (Notice prior to taking vehicle into custody and towing) and, if requested, a hearing to contest validity of custody & towing, an authority having authority to take a vehicle into custody may take it into custody & tow it if:

(a) there's reason to believe the vehicle is disabled or abandoned AND

(b) the vehicle has been parked or left standing upon any public way more than 24 hours without authorization by statute or local ordinance.

(5) the power to take vehicles into custody under this statute is in addition to that of 819.120 (immediate custody and towing of vehicle constituting hazard or obstruction)

(6) subject to 819.150 (rights and liabilities of owner), vehicles & their contents taken into custody are subject to 819.160 (Lien for towing)

(7) the person towing vehicle must have it appraised within a reasonable time by an authorized vehicle appraiser

(8) vehicles taken into custody are subject to 819.210 (Sale or disposal of vehicle not reclaimed) or 819.215 (Disposal of vehicle appraised at $500 or less) if they aren't reclaimed per 819.150 (Rights & liabilities of owner) or returned to the owner or entitled person per 819.190 (Hearing to contest validity of custody and towing)

(1) An authority having authority to take vehicle into custody under 819.140 may immediately take custody of and tow a vehicle that is disabled, abandoned, parked or left standing unattended on a road or highway that is in such a location as to constitute a hazard or obstruction to motor vehicle traffic using the road or highway.

(2) a 'hazard or obstruction' includes, but isn't limited to any vehicle parked so that any part it extends:

(a) into the paved portion of a travel lane.

(b) within the highway shoulder or bicycle lane of:

(A) any freeway within the limits of any city at any time if the vehicle's gross vehicle weight is 26,000lbs or less

(B) any freeway within the limits of any city between 7-9am & 4-6pm if the vehicle's gross vehicle weight is more than 26,000lbs

(C) any freeway within 1,000ft of the area where a freeway exit or entrance ramp meets the freeway OR

(D) any highway between sunset & sunrise if the vehicle presents a clear danger

(3) "hazard or obstruction" doesn't include:

• parking in a designated parking area along any highway OR

• except as described in (2) parking temporarily on the shoulder of the highway for a short period of time & having on the vehicle's hazard lights, the hood raised, or advance warning with emergency flares/signs

(4) an authority taking custody of a vehicle under this statute must give notice after taking into custody & towing per 819.180 and, if requested, a hearing to contest validity of custody and towing per 819.190

(5) the power to take vehicles into custody under this statute is in addition to that of 819.110 (custody, towing & sale or disposal of abandoned vehicle)

(6) subject to 819.150 (Rights and liabilities of owner), vehicles & their contents taken into custody are subject to a 819.160 (Lien for towing)

(7) the person towing vehicle must have it appraised within a reasonable time by a authorized vehicle appraiser

(8) vehicles taken into custody are subject to 819.210 (Sale or disposal of vehicle not reclaimed) or 819.215 (Disposal of vehicle appraised at $500 or less) if they aren't reclaimed per 819.150 (Rights & liabilities of owner) or returned to the owner or entitled person per 819.190 (Hearing to contest validity of custody and towing)

(1) a LEO may without prior notice, order a vehicle impounded until a person with the right to its possession complies with the conditions for release or it is ordered released by a hearings officer if the LEO has PC to believe the person at or just prior to the time they were stopped committed:

(a) 811.175 (driving while suspended or revoked) or 811.182 (criminal driving while suspended or revoked)

(b) DUII

(c) 807.010 (operating vehicle without driving privileges or in violation of license restrictions)

(d) driving uninsured

(2) Notice that the vehicle has been impounded must be given to the same parties, in the same manner & within the same time limits as provided in 819.180 (Notice after taking into custody & towing)

(3) A vehicle impounded under (1) must be released to a person entitled to lawful possession on compliance with the following:

(a) submission of proof that someone 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) 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 in (3) or (4), the impounding agency must authorize the person storing the vehicle to release it upon payment of any towing & storage costs

If an authority wants to take custody of a vehicle under 819.110 (custody, towing & sale or disposal of abandoned vehicle) it must provide notice and an explanation of procedures available for obtaining a hearing under 819.190 (Hearing to contest validity of custody & towing). Unless otherwise stipulated in 801.040 (Authority to adopt special provisions), a notice required under this statute has to comply with all of the following:

(1) notice will be given by affixing a notice to the vehicle at least 24 hours before taking it into custody. The 24-hour includes holidays, Saturdays & Sundays. The required information that must be provided on the notice is described in (2) below

(2) The notice will state all of the following:

(a) that the vehicle will be subject to being taken into custody & towed if the vehicle isn't removed before the time set by the appropriate authority.

(b) the statute, ordinance or rule violated by the vehicle & under which it'll be towed.

(c) the place where the vehicle will be held or the phone number & address of the appropriate authority that will provide the information.

(d) that if the vehicle is towed it'll be subject to towing & storage charges and that a lien will attach to it & its contents.

(e) that the vehicle will be sold to satisfy the costs of towing & storage if the charges are not paid.

(f) that the owner, possessor or person having an interest in the vehicle is entitled to a hearing, before it's impounded, to contest the proposed custody & towing if a hearing request is made in a timely manner.

(g) that the owner, possessor or person having an interest in the vehicle may challenge the reasonableness of any towing & storage charges at the hearing.

(h) the time within which a hearing must be requested & the method for requesting a hearing

(1) Anyone who is the owner, or is in lawful possession, of private property on which a vehicle has been abandoned may have a tower tow the vehicle from the property if:

(a) the person affixes a notice to the vehicle stating that the vehicle will be towed if it is not removed

(b) the notice required by paragraph (a) of remains on the vehicle for at least 72 hours before the vehicle is towed AND

(c) the person fills out and signs a form that includes:

(A) a description of the vehicle to be towed

(B) the location of the property from which the vehicle will be towed AND

(C) a statement that the owner has complied with paragraphs (a) and (b) above

(2) A tower who tows a vehicle pursuant to this statute is immune from civil liability for towing the vehicle if they have a form described in paragraph (1), filled out by a person purporting to be the owner or a person in lawful possession of the private property from which the vehicle is towed. This paragraph doesn't grant immunity for any loss, damage or injury arising out of any negligent or willful damage to, or destruction of, the vehicle that occurs during the course of towing.

(3) A vehicle towed under this section is subject to liens, possession and foreclosure by a tower under 98.812 (private property - unlawfully parked vehicle) (2) to (4)

the procedure authorized by 98.830 (private property - abandoned vehicle) for removal of abandoned vehicles from private property may be used by an owner of a parking facility or an owner of proscribed property as an alternative to the procedures described in 98.810 (unauthorized parking of vehicle on proscribed property prohibited)

(2) an owner, operator or employee of a fuel dispensary may have a vehicle towed from the fuel dispensary premises if:

(a) the vehicle is preventing or hindering access to a pump, hose, nozzle or other parts of a fuel dispensing device

(b) tThe prevention or hindering of access to the fuel dispensing device is interfering with the business activities of the fuel dispensary

(c) an owner, operator or employee of the fuel dispensary affixes a notice to the windshield of the vehicle or, if the vehicle lacks a windshield, in another prominent location on the vehicle, stating the date and time the notice was affixed and that the vehicle may be towed if it is not removed within two (2) hours after the date and time stated on the notice

(d) the notice described in paragraph (c) remains on the vehicle for at least two (2) hours before the vehicle is towed AND

(e) the owner, operator or employee provides the towing company with a signed statement that:

(A) describes the vehicle to be towed

(B) identifies the property from which the vehicle is to be towed AND

(C) states that the vehicle is preventing or hindering access to a fuel dispensing device in a manner that is interfering with business activity at the fuel dispensary

(3) a towing company that tows a vehicle pursuant to this statute is immune from civil liability for towing the vehicle if the company possesses a signed statement described in paragraph (2)(e). This paragraph does not grant immunity for any loss, damage or injury arising out of any negligent or willful damage to, or destruction of, the vehicle that occurs during the course of the towing

(4) a towing company is entitled to a lien on a vehicle towed under this section and its contents for the just and reasonable charges of the towing company. The towing company may retain possession of the towed vehicle and its contents until the just and reasonable charges for the towing, care and storage of the towed vehicle have been paid if the towing company provides timely notice in the manner described under 98.812 (private property - unlawfully parked vehicle) (2) to local law enforcement, the owner of the vehicle and any person shown on a certificate of title to have an interest in the vehicle

(5) the lien created by paragraph (4) may be foreclosed only in the manner provided by 87.172 (Time period before foreclosure allowed) (3) and 87.176 (Fees for storage of chattel) to 87.206 (Disposition of proceeds of foreclosure sale) for foreclosure of liens arising or claimed under 87.152 (Possessory lien for labor or material expended on chattel)

(6) The procedure established in this section is an alternative to any other lawful procedure available for obtaining the removal from private property of a vehicle that is abandoned or parked without authorization

(1) if a vehicle has been left or parked in violation of 98.810 (unauthorized parking of vehicle on proscribed property prohibited), the owner of the parking facility or proscribed property owner may have a tower tow the vehicle from property and place the vehicle in storage at a secure location under the tower's control

(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 vehicle and its contents until the charges subject to paragraph (3), have been paid, but only if the tower notifies the local law enforcement agency of the location of the towed vehicle within one (1) hour after the vehicle is placed in storage.

(3) A tower may not assess any storage charge against the towed vehicle under paragraph (2)that's incurred after:

(a) If the towed vehicle is registered in Oregon: three (3) 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 vehicle owner 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 (3) 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 (3) business days from the date of receipt of the records requested under paragraph (A) unless, within that time, the tower delivers notice by mail or gives actual notice to the vehicle owner and to each person with an interest in the vehicle as indicated by the requested records

(4) the lien created by paragraph (2) may be foreclosed only in the manner provided by 87.172 (Time period before foreclosure allowed) (3) and 87.176 (Fees for storage of chattel) to 87.206 (Disposition of proceeds of foreclosure sale) for foreclosure of liens arising or claimed under 87.152 (Possessory lien for labor or material expended on chattel)

the procedure authorized by 98.830 (private property - abandoned vehicle) may be used by an owner of a parking facility or an owner of proscribed property as an alternative to the procedures described in this statute