Oregon Statutes 98.820 – Towing vehicle from fuel dispensary premises; civil immunity; lien
(1) As used in this section:
Terms Used In Oregon Statutes 98.820
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) ‘Class 1 flammable liquids’ has the meaning given that term in ORS § 480.310.
(b) ‘Fuel dispensary’ means a filling station, service station, garage or other dispensary where Class 1 flammable liquids or diesel fuel is dispensed at retail for use in vehicles.
(c) ‘Towing company’ means a company holding a towing business certificate issued under ORS § 822.205.
(d) ‘Vehicle’ has the meaning given that term in ORS § 801.590.
(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) The 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 hours after the date and time stated on the notice;
(d) The notice described in paragraph (c) of this subsection remains on the vehicle for at least two 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 section is immune from civil liability for towing the vehicle if the towing company possesses a signed statement described in subsection (2)(e) of this section. This subsection 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 ORS § 98.812 (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 subsection (4) of this section may be foreclosed only in the manner provided by ORS § 87.172 (3) and 87.176 to 87.206 for foreclosure of liens arising or claimed under ORS § 87.152.
(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. [2019 c.330 § 1]