Bill Text: OR SB519 | 2013 | Regular Session | Introduced

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Bill Title: Relating to charges for towing motor vehicle.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB519 Detail]

Download: Oregon-2013-SB519-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2305

                         Senate Bill 519

Sponsored by COMMITTEE ON GENERAL GOVERNMENT, CONSUMER AND SMALL
  BUSINESS PROTECTION

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Directs Oregon Transportation Commission to set maximum rates
for towing and related services when tower tows motor vehicle
without consent or authorization of owner or operator.

                        A BILL FOR AN ACT
Relating to charges for towing motor vehicle; creating new
  provisions; and amending ORS 98.854.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 98.854 is amended to read:
  98.854. (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 owner's agent at the time of the
tow.
  (b) Tow a motor vehicle from a parking facility if the parking
facility owner or owner's 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 in the manner required under ORS 98.856.
  (d) Charge more than a price disclosed under ORS 98.856 { +
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 by the Oregon
Transportation Commission under section 3 of this 2013 Act when
towing a motor vehicle without the prior consent or authorization
of the owner or operator of the motor vehicle. + }
    { - (e) - }  { +  (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.
    { - (f) - }  { +  (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.
    { - (g) - }  { +  (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 does not constitute
consideration.
  (B) Goods or services by a tower below fair market value
constitutes consideration.
    { - (h) - }  { +  (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.
    { - (i) - }  { +  (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.
    { - (j) - }  { +  (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.
  (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 parking prohibition; 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.
  SECTION 2.  { + Section 3 of this 2013 Act is added to and made
a part of ORS 98.854 to 98.862. + }
  SECTION 3.  { + (1) The Oregon Transportation Commission shall
establish the maximum rates that a tower may charge for towing a
motor vehicle, and all related services for towing a motor
vehicle, in response to a request made by a person other than the
owner or operator of the motor vehicle. Charges for related
services included in the rate include hook up, storage, gas
mileage, pictures, unlocking the motor vehicle and any other
services reasonably related to towing as determined by the
commission.
  (2) When establishing the rates under subsection (1) of this
section the commission shall take into consideration the size of
the motor vehicle towed and the distance traveled by the tower
from the motor vehicle to a storage facility.
  (3) The maximum rate established by the commission under this
section:
  (a) May not exceed $200 for the first 24 hours beginning from
the time of the initial hook up of the motor vehicle.
  (b) After the first 24 hours described in paragraph (a) of this
subsection, may not exceed $30 per day.

  (4) The maximum rates described in subsection (3) of this
section do not apply to a tower that travels more than 20 miles
from the location of the motor vehicle to a storage facility. + }
  SECTION 4.  { + Section 3 of this 2013 Act and the amendments
to ORS 98.854 by section 1 of this 2013 Act apply to motor
vehicles towed on or after the effective date of this 2013
Act. + }
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