ORS  Guide
Immediate custody and towing of vehicle constituting hazard or obstruction
ORS > Vehicle Code > Towing > 819.120
(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
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