QuestionHELLO, HOW ARE YOU? I HAD A QUESTION FOR YOU FROM OREGON. MY SENIOR CITIZEN FATHER RAN OUT OF GAS AND PULLED OFF THE SIDE OF THE ROAD AS FAR AS HE COULD AND HAD TO WALK FOR AN HOUR BEFORE HE ACTUALLY GOT A RIDE.
THEN WHEN HE ARRIVED HOME WE WERE ON OUR WAY OUT THE DOOR TO GET GAS SO WE COULD GAS HER UP AND GET HER HOME WHEN THE TOW COMPANY CALLED AND SAID THAT THEY HAD TOWED THE CAR TO THEIR LOT.
NOW IT IS GOING TO COST JUST 256.00 JUST FOR THE INITIAL TOW, AND IF WE DON'T GET IT OUT BY 3 PM TODAY THEY WILL ADD ON AN ADDITIONAL 50.00 GATE FEE. AFTER THAT IT IS GOING TO BE 30 SOME DOLLARS FOR EVERY ADDITIONAL DAY IT IS THERE.
AS MY FATHER IS ON SS AND RETIRED THERE IS NO WAY HE CAN RECLAIM THE VEHICHLE.
MY QUESTION AFTER THIS LONG WINDED SPEECH IS DID THEY HAVE THE RIGHT TO TOW IT THAT SOON, AND IF SO WHAT ARE OUR RIGHTS, AS WE DO NOT KNOW WHAT WE ARE GOING TO DO AND ARE IN QUITE A PICKLE.
TO MAKE MATTERS EVEN MORE MONEY SUCKING MY TOOL BOX AND SAW ARE IN THE BACK, AND THEY WILL NOT LET ME CLAIM IT.
I DON'T KNOW IF IT IS JUST ME THAT FINDS THIS EXTREMELY UNFAIR OR IF THEY EVEN HAD THE RIGHT TO DO THIS. I THOUGHT YOU COULD USUALLY LEAVE A VEHICHLE FOR AT LEAST 24 HOURS.
WE LIVE IN MT. ANGEL OREGON, AND THE CAR WAS TOWED TO A WOODBURN OREGON TOWING COMPANY NAMED M&M TOWING, AND THEY MUST HAVE SEEN IT COMING OUT OF WOODBURN AND GRABBED IT UP.
ANY HELP YOU COULD GIVE US WOULD BE GREATLY APPRECIATED.
THANK YOU SO MUCH FOR YOUR TIME.
SINCERELY
ERIC REITZER
Answer(1) According to Oregon state law a vehicle must be abandoned for a period of 24 hrs before it can be towed. A towing company is not an "authority" for the removal, it appears, as in most states towing companies are prohibited from removing vehicles unless they have been posted or a notice placed on the vehicle by the state or local law enforcement agency or they are contacted by an agency to tow the vehicle.
(2) The only exception for this is if they consider the vehicle to be a "hazard" but I still believe a law enforcement agency has to order it be towed.
(3) The local law enforcement agency is responsible for removal and a notice must be placed according to ORS 819.190
(4) As for the fees the state of Oregon does not and in compliance with the UCR cannot regulate fees charged by a towing agency. There is a statute for the fees but I am not sure what it requires.
There is also a provision for a hearing under Oregon State Law which I would strongly suggest. As for the property in the vehicle Oregon state law does provide for a lien on the property as well as the vehicle.
I would recommend calling the State Police or local law enforcement agency and first asking if they had the vehicle towed and second letting them know that the towing company picked it up and then called you to tell you they picked it up. This does not sound like it is appropriate.
Sorry for the long answer but I felt it necessary to include as much information as possible. Please let me know what you find out.
I have attached a copy of the state code for reference.
(1) After providing notice required under ORS 819.170 and, if requested, a hearing under ORS 819.190, an authority described under ORS 819.140 may take a vehicle into custody and remove 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 period in excess of 24 hours without authorization by statute or local ordinance.
(2) The authority in this section to remove and take vehicles into custody is in addition to any authority to remove and take vehicles into custody under ORS 819.120.
(3) Subject to ORS 819.150, vehicles and the contents of vehicles removed and taken into custody under this section are subject to a lien as provided under ORS 819.160.
(4) An authority removing a vehicle under this section shall cause the vehicle to be appraised within a reasonable time by a person authorized to perform such appraisals under ORS 819.480.
(5) Vehicles removed and taken into custody under this section are subject to sale under ORS 819.210 or 819.220 if the vehicles are not reclaimed as provided under ORS 819.150 or returned to the owner or person entitled to possession under ORS 819.190. [1983 c.338 §417; 1995 c.758 §8]
(1) An authority described under ORS 819.140 may immediately take custody of a vehicle that is disabled, abandoned, parked or left standing unattended on a road or highway right of way and that is in such a location as to constitute a hazard or obstruction to motor vehicle traffic using the road or highway.
(2) As used in this section, a “hazard or obstruction” includes, but is not necessarily limited to:
(a) Any vehicle that is parked so that any part of the vehicle extends within the paved portion of the travel lane.
(b) Any vehicle that is parked so that any part of the vehicle extends within the highway shoulder or bicycle lane:
(A) Of any freeway within the city limits of any city in this state at any time if the 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 the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. if the vehicle has a gross vehicle weight of more than 26,000 pounds;
(C) Of any freeway within 1,000 feet of the area where a freeway exit or entrance ramp meets the freeway; or
(D) Of any highway during or into the period between sunset and sunrise if the vehicle presents a clear danger.
(3) As used in this section, “hazard or obstruction” does not include parking in a designated parking area along any highway or, except as described in subsection (2) of this section, parking temporarily on the shoulder of the highway as indicated by a short passage of time and by the operation of the hazard lights of the vehicle, the raised hood of the vehicle, or advance warning with emergency flares or emergency signs.
(4) After taking a vehicle into custody under this section an authority taking custody of a vehicle is required to give the notice described under ORS 819.180 and, if requested, a hearing described under ORS 819.190.
(5) The authority in this section to remove and take vehicles into custody is in addition to any authority to remove and take vehicles into custody under ORS 819.110.
(6) Subject to ORS 819.150, vehicles and the contents of vehicles removed and taken into custody under this section are subject to a lien as provided under ORS 819.160.
(7) An authority removing a vehicle under this section shall cause the vehicle to be appraised within a reasonable time by a person authorized to perform such appraisals under ORS 819.480.
(8) Vehicles removed and taken into custody under this section are subject to sale or disposition under ORS 819.210 or 819.220 if the vehicles are not reclaimed under ORS 819.150 or returned to the owner or person entitled thereto under ORS 819.190.
(9) The Oregon Transportation Commission, by rule, shall establish additional criteria for determining when vehicles on state highways, interstate highways and state property are subject to being taken into immediate custody under this section. [1983 c.338 §418; 1985 c.77 §1; 1991 c.464 §1; 1995 c.758 §9; 2007 c.509 §1]
(1) This section establishes which agency has the authority to remove and take vehicles into custody under ORS 819.110 and 819.120. The agency with authority for removal is responsible for notice and hearings under ORS 819.170 to 819.190 and for the sale or disposal of the vehicle under ORS 819.210 or 819.220. Authority for removal of a vehicle depends on the location of the vehicle as described under the following:
(a) If a vehicle is upon the right of way of a state highway, on an interstate highway that is part of the National System of Interstate and Defense Highways established under section 103(e), title 23, United States Code or on state property, the Department of State Police or the Department of Transportation may provide for a vehicle to be taken into custody. When the Department of State Police or the Department of Transportation exercises powers described in this section, the Department of State Police or the Department of Transportation shall notify either the sheriff or an appropriate authority of the county in which the vehicle is located. The authority notified by the Department of State Police or the Department of Transportation shall exercise the powers described in this section in lieu of the Department of State Police or the Department of Transportation and shall exercise authority over the vehicle. Action taken by the Department of State Police or the Department of Transportation under this subsection is not subject to ORS chapter 183. The authority actually providing for the removal of the vehicle is subject to the appropriate procedures upon removal and sale or disposal of the vehicle.
(b) If the vehicle is upon the right of way of a county road or any other highway or property within the boundaries of a county, the sheriff of the county or a county agency with appropriate authority may take the vehicle into custody and exercise the powers relating to authority over the vehicle described in this section.
(c) If the vehicle is on a city street or alley, on an interstate highway or other highway within the boundaries of the city or on any other property within the boundaries of a city, the city police or a city agency with appropriate authority may take the vehicle into custody and exercise the powers relating to authority over the vehicle described in this section.
(2) Except as otherwise provided by this section, an agency taking custody of a vehicle under ORS 819.110 or 819.120 may:
(a) Use its own personnel, equipment and facilities for the removal and preservation of such vehicles; or
(b) Hire or otherwise engage other personnel, equipment and facilities for that purpose. [1983 c.338 §420; 1985 c.16 §222; 1995 c.758 §10; 2003 c.819 §1]
