ORS Chapter 819 - Oregon Statutes

Chapter 819 — Destroyed,Totaled, Abandoned, Low-Value and Stolen Vehicles;

VehicleIdentification Numbers; Vehicle Appraisers

 

 

2009 EDITION

 

 

DESTROYEDVEHICLES; NUMBERS; APPRAISERS

 

OREGONVEHICLE CODE

 

DESTROYEDAND TOTALED VEHICLES

 

819.010     Failureto comply with requirements for destruction of vehicle; exception; penalty

 

819.012     Failureto follow procedures for a totaled vehicle; penalty

 

819.014     Insurerfailure to follow procedures for totaled vehicle; penalty

 

819.016     Whensalvage title required; rules

 

819.018     Failureto notify subsequent purchaser of condition of vehicle; rules; penalty

 

819.030     Departmentprocedure on receipt of title or notice

 

819.040     Illegalsalvage procedures; penalty

 

ABANDONEDVEHICLES

 

(Offense)

 

819.100     Abandoninga vehicle; penalty

 

(Custodyand Towing)

 

819.110     Custody,towing and sale or disposal of abandoned vehicle; general provisions

 

819.120     Immediatecustody and towing of vehicle constituting hazard or obstruction; rules

 

819.140     Agencieshaving authority to take vehicle into custody; powers of agency taking custody

 

819.150     Rightsand liabilities of owner

 

819.160     Lienfor towing

 

819.170     Noticeprior to taking vehicle into custody and towing; methods; contents

 

819.180     Noticeafter taking into custody and towing; method; contents

 

819.185     Procedurefor vehicles that have no identification markings

 

819.190     Hearingto contest validity of custody and towing

 

819.200     Exemptionfrom notice and hearing requirements for vehicle held in criminal investigation

 

(Saleor Disposal of Vehicle)

 

819.210     Saleor disposal of vehicle not reclaimed

 

819.215     Disposalof vehicle appraised at $500 or less; notice; rules

 

VEHICLESWITH LOW APPRAISAL VALUE

 

819.280     Disposalof vehicle at request of person in lawful possession; rules

 

STOLENVEHICLES

 

819.300     Possessionof a stolen vehicle; penalty

 

819.310     Traffickingin stolen vehicles; penalty

 

VEHICLEIDENTIFICATION NUMBERS

 

819.400     Assignmentof numbers

 

819.410     Failureto obtain vehicle identification number for unnumbered vehicle; exception;penalty

 

819.420     Failureto obtain vehicle identification number for vehicle with altered or removednumber; penalty

 

819.430     Traffickingin vehicles with destroyed or altered identification numbers; penalty

 

819.440     Policeseizure of vehicle without identification number; inspection; disposition ofvehicle; disposition of moneys from sale

 

VEHICLEAPPRAISERS

 

819.480     Vehicleappraiser certificate; rules

 

819.482     Actingas vehicle appraiser without certificate; penalty

 

DESTROYEDAND TOTALED VEHICLES

 

      819.010Failure to comply with requirements for destruction of vehicle; exception;penalty.(1) A person commits the offense of failure to comply with requirements fordestruction of a vehicle if the person wrecks, dismantles, disassembles orsubstantially alters the form of any vehicle that is or is required to beregistered or titled under the vehicle code or under ORS chapter 826 and theperson does not comply with all of the following:

      (a)The person must give notice to the Department of Transportation, in a formspecified by the department, of the person’s intention to dismantle,disassemble, wreck or substantially alter the form of the vehicle at leastseven days prior to commencement thereof.

      (b)If the vehicle is visible from a public right of way, the person must completethe wrecking, dismantling, disassembling or substantial alteration of formwithin 30 days from the commencement thereof.

      (c)If the vehicle is registered by this state, the person must deliver or mail tothe department the registration card, certificate of title, if one has beenissued, and registration plates of the vehicle within 30 days after the personwrecks, dismantles, disassembles or substantially alters the form of thevehicle.

      (d)If no certificate of title has been issued for the vehicle, the person mustnotify the department in a manner determined by the department by rule within30 days after the person wrecks, dismantles, disassembles or substantiallyalters the form of the vehicle.

      (e)If required to do so under ORS 819.016, the person shall apply for a salvagetitle for the vehicle.

      (2)This section does not apply to persons who are acting within the scope of adismantler certificate issued under ORS 822.110.

      (3)The offense described in this section, failure to comply with requirements fordestruction of vehicle, is a Class A misdemeanor. [1983 c.338 §193; 1985 c.16 §68;1985 c.401 §2; 1991 c.407 §33; 1991 c.873 §36; 1993 c.233 §57; 1993 c.751 §75;2005 c.654 §27; 2007 c.683 §1]

 

      819.012Failure to follow procedures for a totaled vehicle; penalty. (1) A personother than an insurer commits the offense of failure to follow procedures for atotaled vehicle if the person:

      (a)Is the registered owner of a vehicle that is a totaled vehicle as defined inORS 801.527 (1) and does not surrender the certificate of title for the vehicleeither to the Department of Transportation or to the insurer within 30 days ofthe declaration or other relevant act by the insurer.

      (b)Is the registered owner of a vehicle that is a totaled vehicle as defined inORS 801.527 (2) and does not notify the department of the status of the vehiclewithin 30 days of the day that the vehicle became a totaled vehicle.

      (c)Is the registered owner of a vehicle that is a totaled vehicle as defined inORS 801.527 (3) and does not surrender the certificate of title for the vehicleto the department within 30 days of the date the vehicle became a totaledvehicle.

      (d)Receives or purchases a totaled vehicle and does not surrender the certificate oftitle for the vehicle to the department within 30 days of purchase or receiptof the vehicle.

      (2)A person is not required to surrender the certificate of title if the person isunable to obtain the certificate for the vehicle. If the person is unable toobtain the certificate, the person shall notify the department that the vehicleis a totaled vehicle and shall notify the department of the reason that theperson is unable to surrender the certificate.

      (3)If the vehicle is one for which title was issued in a form other than acertificate, the person shall notify the department that the vehicle is atotaled vehicle and shall follow procedures adopted by the department by rule.

      (4)The offense described in this section, failure to follow procedures for atotaled vehicle, is a Class A misdemeanor. [1991 c.820 §4; 1993 c.233 §58]

 

      819.014Insurer failure to follow procedures for totaled vehicle; penalty. (1) An insurercommits the offense of insurer failure to follow procedures for a totaledvehicle if the insurer declares that the vehicle is a totaled vehicle and doesnot:

      (a)Obtain the certificate of title from the owner of the vehicle as a condition ofsettlement of the claim and surrender it to the Department of Transportationwithin 30 days of its receipt; or

      (b)If the insurer does not obtain the certificate from the registered owner,notify the department that the vehicle is a totaled vehicle within 30 days ofdeclaring it to be so, or taking title to or possession of it, and notify theregistered owner of the vehicle that the registered owner must surrender thecertificate to the department and must notify any subsequent purchaser that thevehicle is a totaled vehicle.

      (2)If the vehicle is one for which title was issued in a form other than a certificate,the insurer shall notify the department that the vehicle is a totaled vehicleand shall follow procedures adopted by the department by rule.

      (3)The offense described in this section, insurer failure to follow procedures fora totaled vehicle, is a violation of the Insurance Code, as provided in ORS746.308. [1991 c.820 §4a; 1993 c.233 §59]

 

      819.016When salvage title required; rules. (1) Except as provided in subsection(2) of this section, when the provisions of ORS 819.010, 819.012 or 819.014require a person to surrender to the Department of Transportation a certificateof title for a vehicle, or when a person acquires a vehicle under theprovisions of ORS 819.215, the person shall apply to the department for asalvage title for the vehicle. The application shall comply with therequirements of ORS 803.140.

      (2)When the person is not required to surrender a certificate of title becausetitle for the vehicle was issued in some other form, the person shall followprocedures adopted by the department by rule.

      (3)Subsections (1) and (2) of this section do not apply if the person does notintend to rebuild or repair the vehicle, to transfer the vehicle or to use theframe or unibody of the vehicle for repairing or constructing another vehicle. [1991c.820 §23; 1991 c.873 §26; 1993 c.233 §60; 2009 c.371 §3]

 

      819.018Failure to notify subsequent purchaser of condition of vehicle; rules; penalty. (1) A personcommits the offense of failure to notify a subsequent purchaser of thecondition of a vehicle if the person sells a totaled vehicle and does notprovide the purchaser with a salvage title certificate or, if no certificate isrequired as evidence of salvage title, does not comply with rules adopted bythe Department of Transportation for notification of salvage title without acertificate.

      (2)The offense described in this section, failure to notify a subsequent purchaserof the condition of a vehicle, is a Class A misdemeanor when committed bysomeone other than an insurer. [1991 c.820 §§5,22; 1993 c.233 §61]

 

      819.020 [1983 c.338 §195;1985 c.16 §69; 1985 c.176 §1; 1987 c.119 §5; repealed by 1991 c.820 §20]

 

      819.030Department procedure on receipt of title or notice. The Departmentof Transportation shall comply with the following procedures upon receiving acertificate of title or other notice in accordance with the provisions of ORS819.010, 819.012 or 819.014:

      (1)If the department is satisfied that the vehicle is totaled, wrecked,dismantled, disassembled or substantially altered, the department shall canceland retire the registration and title of the vehicle. Except for issuance of asalvage title, the department shall not register or title the vehicle againunless:

      (a)The department is satisfied that the original title certificate, if any, wassurrendered in error or that notice was submitted in error and the recordcanceled in error;

      (b)The vehicle is registered or titled as an assembled vehicle, a reconstructedvehicle or a replica; or

      (c)The vehicle is recovered after a theft if the theft is the reason that thevehicle was considered a totaled vehicle.

      (2)If the department is satisfied that the vehicle is totaled, wrecked, dismantledor disassembled, the department may issue a proof of compliance form if nosalvage title is issued for the vehicle. [1983 c.338 §196; 1985 c.176 §2; 1985c.401 §3; 1987 c.119 §6; 1991 c.820 §8; 1991 c.873 §38; 1993 c.233 §62]

 

      819.040Illegal salvage procedures; penalty. (1) A person commits the offense ofillegal salvage procedures if the person engages in crushing, compacting orshredding of vehicles and the person violates any requirements under thefollowing:

      (a)The person may accept vehicles as salvage material from other persons who holda dismantler certificate issued under ORS 822.110.

      (b)Except as otherwise provided in this subsection, the person may not acceptvehicles from another person who does not hold a dismantler certificate issuedunder ORS 822.110, unless the other person:

      (A)Complies with the requirements of ORS 819.010, or is in possession of a salvagetitle certificate; and

      (B)Displays a salvage title certificate, a compliance form issued under ORS819.030, or a certificate of sale to the person engaged in salvage.

      (c)The person engaged in salvage may accept a copy of the Department ofTransportation form issued under ORS 819.030 as proof of compliance under ORS819.010 or may accept a certificate of sale or a salvage title certificate, asapplicable, and surrender such copy or certificate to the department.

      (d)The person may accept vehicles as salvage material from tow businessesdisposing of vehicles as authorized under ORS 819.215 or 819.280 if the towbusiness gives the person a copy of notification made to the department underORS 819.215 or 819.280.

      (2)If a salvage title has been issued in a form other than a certificate, theperson engaged in salvage may accept documents or information in a manner orform determined by the department by rule.

      (3)The offense described in this section, illegal salvage procedures, is a Class Amisdemeanor. [1983 c.338 §197; 1985 c.16 §70; 1991 c.873 §39; 1993 c.233 §63;1993 c.326 §3; 2005 c.654 §28; 2005 c.738 §3; 2009 c.371 §4]

 

ABANDONEDVEHICLES

 

(Offense)

 

      819.100Abandoning a vehicle; penalty. (1) A person commits the offense ofabandoning a vehicle if the person abandons a vehicle upon a highway or uponany public or private property.

      (2)The owner of the vehicle as shown by the records of the Department ofTransportation shall be considered responsible for the abandonment of a vehiclein the manner prohibited by this section and shall be liable for the cost oftowing and disposition of the abandoned vehicle.

      (3)A vehicle abandoned in violation of this section is subject to the provisionsfor towing and sale of abandoned vehicles under ORS 819.110 to 819.215.

      (4)The offense described in this section, abandoning a vehicle, is a Class Btraffic violation. [1983 c.338 §677; 1995 c.758 §7; 2009 c.371 §5]

 

(Custodyand Towing)

 

      819.110Custody, towing and sale or disposal of abandoned vehicle; general provisions. (1) Afterproviding notice required under ORS 819.170 and, if requested, a hearing underORS 819.190, an authority described under ORS 819.140 may take a vehicle intocustody and tow the vehicle if:

      (a)The authority has reason to believe the vehicle is disabled or abandoned; and

      (b)The vehicle has been parked or left standing upon any public way for a periodin excess of 24 hours without authorization by statute or local ordinance.

      (2)The power to take vehicles into custody under this section is in addition toany power to take vehicles into custody under ORS 819.120.

      (3)Subject to ORS 819.150, vehicles and the contents of vehicles taken intocustody under this section are subject to a lien as provided under ORS 819.160.

      (4)The person that tows a vehicle under this section shall have the vehicleappraised within a reasonable time by a person authorized to perform suchappraisals under ORS 819.480.

      (5)Vehicles taken into custody under this section are subject to sale or disposalunder ORS 819.210 or 819.215 if the vehicles are not reclaimed as providedunder ORS 819.150 or returned to the owner or person entitled to possessionunder ORS 819.190. [1983 c.338 §417; 1995 c.758 §8; 2009 c.371 §6]

 

      819.120Immediate custody and towing of vehicle constituting hazard or obstruction;rules.(1) An authority described under ORS 819.140 may immediately take custody ofand tow a vehicle that is disabled, abandoned, parked or left standingunattended on a road or highway right of way and that is in such a location asto constitute a hazard or obstruction to motor vehicle traffic using the roador highway.

      (2)As used in this section, a “hazard or obstruction” includes, but is notnecessarily limited to:

      (a)Any vehicle that is parked so that any part of the vehicle extends within thepaved portion of the travel lane.

      (b)Any vehicle that is parked so that any part of the vehicle extends within thehighway shoulder or bicycle lane:

      (A)Of any freeway within the city limits of any city in this state at any time ifthe vehicle has a gross vehicle weight of 26,000 pounds or less;

      (B)Of any freeway within the city limits of any city in this state during thehours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. if the vehicle has a grossvehicle weight of more than 26,000 pounds;

      (C)Of any freeway within 1,000 feet of the area where a freeway exit or entranceramp meets the freeway; or

      (D)Of any highway during or into the period between sunset and sunrise if thevehicle presents a clear danger.

      (3)As used in this section, “hazard or obstruction” does not include parking in adesignated parking area along any highway or, except as described in subsection(2) of this section, parking temporarily on the shoulder of the highway as indicatedby a short passage of time and by the operation of the hazard lights of thevehicle, the raised hood of the vehicle, or advance warning with emergencyflares or emergency signs.

      (4)An authority taking custody of a vehicle under this section must give thenotice described under ORS 819.180 and, if requested, a hearing described underORS 819.190.

      (5)The power to take vehicles into custody under this section is in addition toany power to take vehicles into custody under ORS 819.110.

      (6)Subject to ORS 819.150, vehicles and the contents of vehicles taken intocustody under this section are subject to a lien as provided under ORS 819.160.

      (7)The person that tows a vehicle under this section shall have the vehicleappraised within a reasonable time by a person authorized to perform suchappraisals under ORS 819.480.

      (8)Vehicles taken into custody under this section are subject to sale or disposalunder ORS 819.210 or 819.215 if the vehicles are not reclaimed under ORS819.150 or returned to the owner or person entitled thereto under ORS 819.190.

      (9)The Oregon Transportation Commission, by rule, shall establish additionalcriteria for determining when vehicles on state highways, interstate highwaysand state property are subject to being taken into immediate custody under thissection. [1983 c.338 §418; 1985 c.77 §1; 1991 c.464 §1; 1995 c.758 §9; 2007c.509 §1; 2009 c.371 §7]

 

      819.130 [1983 c.338 §419;1985 c.16 §221; 1993 c.385 §4; repealed by 1995 c.758 §23]

 

      819.140Agencies having authority to take vehicle into custody; powers of agency takingcustody.(1) This section establishes which agency has the authority to take vehiclesinto custody under ORS 819.110 and 819.120. The agency with authority to take avehicle into custody is responsible for notice and hearings under ORS 819.110to 819.215. Authority to take a vehicle into custody depends on the location ofthe vehicle as described under the following: