reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.110 - Dismantler certificate; refusal to issue; duplicate certificate.

(1) Except as provided in subsection (2) of this section, the Department of Transportation shall issue a dismantler certificate to any person if the person meets all of the following requirements:
(a) The person establishes that the area in which the business is located and the place of business to be approved under the dismantler certificate for use in the motor vehicle dismantling business are zoned for industrial use or subject to another zoning classification that permits the type of business conducted by the dismantler.
(b) The person pays the fee required under ORS 822.700 for issuance of a dismantler certificate.
(c) The person completes the application for a dismantler certificate described under ORS 822.115.
(d) The person delivers to the department any approvals by local governments required under ORS 822.140.
(e) The person delivers to the department a bond or letter of credit that meets the requirements of ORS 822.120.
(2) The department may refuse to issue a dismantler certificate to a person if:
(a) The person has previously had a dismantler certificate or identification card revoked, canceled or suspended under ORS 822.145; or
(b) The department determines that the application contains false or misleading information.
(3) The department may issue a duplicate dismantler certificate to a person who has lost or destroyed an original dismantler certificate if the person:
(a) Has complied with the requirements of this section for issuance of a certificate; and
(b) Is within the renewal period of the original dismantler certificate. [1983 c.338 §802; 1985 c.16 §401; 1991 c.331 §139; 1993 c.741 §88; 2005 c.654 §8]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.115 - Application contents.

An application for a dismantler certificate issued by the Department of Transportation under ORS 822.110 or for renewal of a certificate under ORS 822.125 shall be in a form prescribed by the department and shall contain all of the following:
(1) A full statement of the name of the person applying for the certificate with the person’s residence and business addresses.
(2) If the applicant is a firm or partnership, the name of the firm or partnership, with the names and places of residence of all its members.
(3) If the applicant is a corporation, the names of the principal officers and their residences and the name of the state under whose laws the corporation is organized.
(4) A description of the dimensions and the location of the place or places at which the business is to be carried on and conducted.
(5) The applicant’s National Motor Vehicle Title Information System identification number.
(6) A fire response plan that is approved by the department. If the plan is disapproved, the applicant may revise the plan to comply with requirements of the department and resubmit the plan.
(7) A description of any applicable permits that are required by the Department of Environmental Quality.
(8) Any other relevant information required by the Department of Transportation. [1983 c.338 §803; 1985 c.16 §402; 1987 c.261 §9; 1993 c.751 §85; 2005 c.654 §9; 2011 c.433 §1; 2019 c.630 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.120 - Bond or letter of credit requirements; action against certificate holder and surety.

(1) A bond or letter of credit required to qualify for a dismantler certificate under ORS 822.110 or renewal of a certificate under ORS 822.125 must be:
(a) With a corporate surety licensed to transact business within this state, or as to a letter of credit, an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008;
(b) Executed to the State of Oregon;
(c) In the sum of $100,000;
(d) Approved as to form by the Attorney General;
(e) Conditioned that the person issued the dismantler certificate will conduct business without violation of this section, ORS 803.140, 819.010, 819.012, 819.016, 819.040, 822.140 or 822.150; and
(f) Conditioned that the bond or letter of credit is subject to an action under this section.
(2) Any person shall have a right of action against the holder of a dismantler certificate and the surety on the holder’s bond or the dismantler’s letter of credit issuer if the person suffers any loss or damage by reason of the certificate holder’s violation of this section, ORS 803.140, 819.010, 819.012, 819.016, 819.040, 822.140 or 822.150. [1983 c.338 §804; 1985 c.16 §403; 1985 c.176 §3; 1991 c.331 §140; 1991 c.820 §17; 1991 c.873 §48; 1997 c.631 §557; 2005 c.654 §10; 2019 c.630 §7]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.125 - Privileges granted by certificate; supplemental certificate; duration; renewal; identification cards; rules.

(1) The holder of a current, valid dismantler certificate issued under ORS 822.110 is not subject to the prohibitions and penalties under ORS 822.100 as long as the holder’s motor vehicle dismantling business is conducted in the location approved under the certificate.
(2) The holder of a dismantler certificate may expand the dimensions or move a place of business approved under the dismantler certificate or open an additional place of business under the certificate upon issuance of a supplemental dismantler certificate by the Department of Transportation. The following apply to supplemental certificates issued under this subsection:
(a) The department shall grant a supplemental certificate upon request of an applicant under this subsection if the applicant obtains local government permission for the supplemental certificate under ORS 822.140.
(b) Upon application for renewal of the supplemental certificate, the department may waive the requirement that an applicant for renewal under this subsection obtain local government approval under ORS 822.140 of the suitability of the applicant to establish, maintain or operate a motor vehicle dismantling business.
(c) A fee shall be charged for a supplemental dismantler certificate under ORS 822.700.
(3) A dismantler certificate is valid for a one-year period and may be renewed as provided by the department. The department shall only renew the certificate of any certificate holder who does all of the following:
(a) Pays the required fee for renewal under ORS 822.700.
(b) Completes the application described in ORS 822.115.
(c) Obtains local government approval under ORS 822.140. The department may waive the requirement that an applicant for renewal obtain local government approval under ORS 822.140 of the suitability of the applicant to establish, maintain or operate a motor vehicle dismantling business.
(d) Maintains a current bond that meets the requirements under ORS 822.120.
(4) The department may provide the holder of a dismantler certificate with identification cards in the names of the owners of the business or in the names of authorized employees of the business.
(5) The department may adopt suitable rules for the issuance and renewal of dismantler certificates and identification cards. [1983 c.338 §805; 1985 c.16 §404; 1987 c.261 §9a; 2005 c.654 §11; 2019 c.630 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.130 - Inspection of books, records, inventory and premises.

(1) The Department of Transportation may inspect the books, records and inventory of any business issued a certificate under ORS 822.110 for the purpose of determining compliance with any of the following:
(a) Those laws regulating the issuance of certificates to dismantlers.
(b) Requirements for records under ORS 822.135 and 822.137.
(c) ORS 802.200, 803.140, 819.010, 819.016, 819.030, 819.040 or 822.120.
(d) Rules adopted by the department concerning businesses issued certificates under ORS 822.110.
(2) Except as provided in subsection (4) of this section, each year the department shall inspect the premises used by any business issued a certificate under ORS 822.110 for the purpose of determining whether the items listed in subsection (3) of this section are on the premises and determining compliance with any of the following:
(a) Those laws regulating the issuance of certificates to dismantlers.
(b) Requirements for records under ORS 822.135 and 822.137.
(c) ORS 802.200, 803.140, 819.010, 819.016, 819.030, 819.040 or 822.120.
(d) Rules adopted by the department concerning businesses issued certificates under ORS 822.110.
(3) If the Department of Transportation determines that any of the following items are on the premises used by a business issued a certificate under ORS 822.110, the Department of Transportation shall submit a report to the Department of Environmental Quality and include information about the following:
(a) The presence of piled waste tires, as defined in ORS 459.705, in an amount greater than 100 waste tires;
(b) If there is a metal shredder;
(c) If there are any open or unlabeled containers of automotive fluids; and
(d) If there is an underground injection control.
(4) The Department of Transportation may inspect a premises under subsection (2) of this section every two years if the three most recent, consecutive inspections show that the business is in compliance with subsection (2)(a) to (d) of this section.
(5) Provisions for enforcing this section are established under ORS 822.135 and 822.145. [1985 c.16 §406; 1991 c.873 §49; 2005 c.654 §12; 2019 c.630 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.140 - Local government approval requirements.

(1) To meet the requirement for local government approval of a dismantler certificate under ORS 822.110 or a supplemental certificate under ORS 822.125, an applicant must comply with any regulations established by a city or county under this section and must obtain the approval of the governing body of the:
(a) City, if the business is or will be carried on within an incorporated city of less than 100,000 population.
(b) County, if the business is or will be carried on outside of any incorporated city.
(2) A city or county governing body shall grant approval of a dismantler certificate or renewal when requested under this section if the governing body:
(a) Approves the applicant as being suitable to establish, maintain or operate a motor vehicle dismantling business;
(b) Determines that the location or proposed location meets the requirements for location under ORS 822.110;
(c) Determines that the location does not violate any prohibition under ORS 822.135; and
(d) Approves the location and determines that the location complies with any regulations adopted by a city or county under this section.
(3) The governing body of a city or county may regulate the expansion of premises or the establishment of premises at a new location under a dismantler certificate. An applicant must comply with the regulations before the Department of Transportation may issue a supplemental dismantler certificate. In adopting regulations under this subsection, a governing body:
(a) Shall consider the extent of development of surrounding property as a residential area;
(b) Shall consider the proximity of churches, schools, hospitals, public buildings or other places of public gathering;
(c) Shall consider the sufficiency in number of other motor vehicle dismantling businesses in the vicinity;
(d) Shall consider the health, safety and general welfare of the public;
(e) May establish zones in which motor vehicle dismantling businesses are permissible and other zones where they are prohibited; and
(f) May prescribe limitations on the dimensions of the premises on which motor vehicle dismantling businesses are conducted.
(4) Regulations of a city governing body that are adopted under this section apply to motor vehicle dismantling businesses located outside of and within six miles of the boundaries of the city unless the county governing body in which the area is located has adopted regulations under this section that are applicable in the area.
(5) Before granting approval for a supplemental dismantler certificate, the governing body of a city or county shall notify all property owners that are or that will be adjacent to the motor vehicle dismantling business once the business moves, expands or opens an additional place of business. [1983 c.338 §807; 1985 c.16 §408; 2005 c.654 §14; 2019 c.630 §8]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.145 - Imposition of sanctions; rules.

(1) In addition to any other penalty provided by law, the Department of Transportation may impose sanctions on any person holding a dismantler certificate issued under ORS 822.110 or identification card or supplemental dismantler certificate issued under ORS 822.125 including, but not limited to, probation or suspension, revocation or cancellation of the dismantler certificate or identification card if the department determines at any time for due cause that any of the following has occurred:
(a) The person holding the certificate has failed to comply with any requirements for registration of vehicles under the vehicle code.
(b) The person holding the certificate has violated ORS 803.140, 819.012, 819.016, 819.040, 822.120, 822.125, 822.133, 822.135, 822.137 or 822.150.
(c) The person holding the certificate has caused or suffered or is permitting the unlawful use of the dismantler certificate.
(d) The person holding the certificate has violated any regulation adopted under ORS 822.135.
(e) The person holding the certificate has failed to allow the department to conduct inspections as provided under ORS 822.130.
(f) The person holding an identification card has unlawfully used or permitted unlawful use of the card.
(g) The person holding the certificate is convicted of an offense under ORS 468.922, 468.926, 468.929, 468.931, 468.936, 468.939, 468.943 or 468.946.
(2) The department shall cancel or suspend any dismantler certificate immediately:
(a) Upon receipt of legal notice that the bond described under ORS 822.120 is canceled; or
(b) For failure to pay any penalty imposed under ORS 822.135 or 822.137.
(3) Upon revocation, cancellation or suspension of a dismantler certificate or identification card under this section, the department shall recall and demand the return of the certificate or identification card.
(4) If the department has reason to believe that a person has engaged in or is engaging in any activity prohibited under ORS 822.100, the department may issue an order directed at the person to cease the activity.
(5) The department shall adopt rules establishing sanctions authorized by subsection (1) of this section. [1983 c.338 §808; 1985 c.16 §409; 1985 c.176 §4; 1987 c.261 §9b; 1991 c.820 §19; 1991 c.873 §51; 2005 c.654 §15; 2007 c.683 §2; 2011 c.433 §3; 2019 c.630 §5]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.150 - Failure to return revoked, canceled or suspended certificate or identification card; penalty.

(1) A person commits the offense of failure to return a revoked, canceled or suspended dismantler certificate or identification card if the Department of Transportation recalls and demands the person to return a certificate or card under ORS 822.145 and the person does not return the certificate or card to the department.
(2) The offense described in this section, failure to return a revoked, canceled or suspended dismantler certificate or identification card, is a Class A misdemeanor. [1983 c.338 §809; 1987 c.261 §9c; 2005 c.654 §35]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.200 - Operating illegal towing business; exceptions; penalties.

(1) A person commits the offense of operating an illegal towing business if the person does not hold a certificate issued under ORS 822.205 and the person does any of the following:
(a) Engages in the towing or recovering of vehicles by any means for any direct or indirect compensation when the vehicle being towed or recovered is owned by a person other than the person performing the towing or recovery activity.
(b) Engages in towing or recovering by any means, as part of any business operation of the person, vehicles that are wrecked, damaged, disabled or abandoned or replacement vehicles.
(c) Purports in any way to be engaged in the business of performing activities described in this subsection.
(2) This section does not apply to any of the following:
(a) Persons operating under and within the scope of a vehicle transporter certificate issued under ORS 822.310.
(b) A person who provides assistance to another motorist, whether or not compensation is received, if the assistance is not provided as part of the business operation of the person providing the assistance.
(c) A person engaging in any activity relating to a vehicle in which that person holds a security interest.
(d) An employee of a person issued a towing business certificate under ORS 822.205 while that employee is performing official duties as an employee.
(e) A person who holds a valid dismantler certificate under ORS 822.110 who tows a vehicle described under ORS 819.280.
(3) The offense described in this section, operating an illegal towing business, is a Class A misdemeanor. [1983 c.338 §811; 1985 c.16 §410; 2005 c.738 §§6,6a]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.205 - Certificate; qualifications; fee.

The Department of Transportation shall issue a towing business certificate to any person if the person meets all of the following requirements to the satisfaction of the department:
(1) The person must complete an application in a form and in the manner established by the department by rule.
(2) The person must maintain insurance in amounts and providing coverage of the type required for motor carriers under ORS chapter 825 and deliver a certificate of insurance to the department.
(3) The certificate of insurance required under subsection (2) of this section must:
(a) Be issued by an insurance company licensed to do business in this state;
(b) Show that the person is insured by a policy that provides the minimum amount and limits of coverage required under ORS chapter 825;
(c) Contain the policy number; and
(d) Require the insurance company to give the department written notice of cancellation of the policy and to continue to be liable under the policy until the department receives the written notice or until the cancellation date specified in the written notice, whichever is later.
(4) The person must maintain insurance providing $50,000 coverage for cargo transported by the person and deliver a certificate of insurance to the department. An applicant is not required to comply with this subsection if the applicant tows or recovers only vehicles that are owned by the applicant.
(5) The person must maintain vehicles used by the person for the purposes of towing or recovering services so that they meet minimum safety standards established by the department by rule. The department may accept the certification of the person as evidence of compliance with this subsection or may require other evidence, as the department determines appropriate.
(6) The certificate of insurance required under subsection (4) of this section must:
(a) Be issued by an insurance company licensed to do business in this state;
(b) Show that the person is insured by a policy that provides the minimum amount and limits of coverage required under ORS chapter 825;
(c) Contain the policy number; and
(d) Require the insurance company to give the department written notice of cancellation of the policy and to continue to be liable under the policy until the department receives the written notice or until the cancellation date specified in the written notice, whichever is later.
(7) The person must pay the fee required under ORS 822.700 for issuance of a towing business certificate. [1983 c.338 §813; 1985 c.16 §412; 1985 c.400 §7; 1993 c.751 §86; 2007 c.538 §16]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.210 - Privileges granted by certificate; duration; renewal; regulation of holder.

(1) The holder of a current, valid towing business certificate issued under ORS 822.205 may exercise the following privileges under the certificate:
(a) The person and any employee of the person who is performing official duties are not subject to the prohibitions and penalties under ORS 822.200.
(b) The person is entitled to receive special indicia of towing business registration. The following apply to indicia described in this paragraph:
(A) The holder of the certificate or a person in the performance of the person’s official duties as an employee of the certificate holder may use the indicia:
(i) For towing and recovering vehicles; and
(ii) For towing unregistered vehicles over the highways of this state without first obtaining registration for the vehicles or trip permits required under ORS 803.600.
(B) The indicia shall be of the design provided under ORS 805.200 and are subject to payment of fees for issuance as provided under ORS 805.250.
(2) A towing business certificate expires one year from the date of issuance unless renewed. A certificate holder may renew the certificate by payment of the fee for renewal of a towing business certificate under ORS 822.700. A person whose certificate expires must qualify for a certificate in the same manner as a person who has not previously held a certificate.
(3) The holder of a towing business certificate is subject to regulation by political subdivisions as provided in ORS 801.040 and 822.230, and to regulation under ORS chapter 825. [1983 c.338 §812; 1985 c.16 §411; 1987 c.765 §4; 1993 c.741 §144; 1995 c.733 §78]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.213 - Transporting property for hire.

(1) In addition to the privileges described under ORS 822.210, the holder of a current, valid towing business certificate issued under ORS 822.205 may use a tow vehicle to transport property for hire other than as described in ORS 822.210 if:
(a) The tow vehicle is used primarily for the purposes described in ORS 822.210 in a manner specified by the department by rule;
(b) The tow vehicle has a combined weight of 26,001 pounds or more;
(c) The holder of the towing business certificate has submitted a declaration of weight under ORS 803.435 and has registered the tow vehicle under ORS 803.420 (14)(a); and
(d) The holder of the towing business certificate operates in accordance with the provisions of ORS chapter 825.
(2) A tow vehicle that is used to transport property for hire other than as described in ORS 822.210 is subject to the weight-mile tax imposed under ORS 825.474. [2011 c.287 §2; 2017 c.750 §39t]
Note:
822.213 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 822 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.215 - Grounds for denial, suspension, revocation or refusal of certificate; disciplinary action.

(1) The Department of Transportation may deny or refuse to issue any towing business certificate under ORS 822.205 or may suspend, revoke or refuse to renew any towing business certificate issued upon proof that the applicant for or holder of the certificate has done any of the following:
(a) Used fraud or deception in securing the certificate.
(b) Received in any manner or by any device any rebate or other additional fee for towing or recovery from a person who performs repairs on a vehicle who does not also own the vehicle. This paragraph does not prohibit the payment of the towing fee by a person who performs repairs on a vehicle if the fee is included in the charges by that person for repairs on the vehicle.
(c) Used vehicles for the purposes of towing or recovering services that did not meet the minimum safety standards established by the department.
(d) Failed to display special towing business registration plates, stickers or indicia or identification devices for proportionally registered tow vehicles authorized under ORS 805.200 on each vehicle used to tow or recover vehicles.
(e) Failed to maintain the amounts and types of insurance required to qualify for issuance of a towing business certificate under ORS 822.205.
(f) Failed to obtain any permits or authority required under any provision of ORS chapter 825 or rules adopted thereunder.
(g) Violated any provision of ORS 98.853, 98.854, 98.856 or 98.858 or a rule adopted under ORS 822.265.
(2) After receiving an order from the State Board of Towing under ORS 822.280, the department shall impose the disciplinary action requested by the board. [1983 c.338 §814; 1991 c.284 §30; 1993 c.741 §145; 2007 c.538 §17; 2017 c.480 §19; 2021 c.578 §13]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.217 - Proportional registration for tow vehicles; rules.

(1) Any person who qualifies under ORS 822.205 for a towing business certificate may choose to register qualified vehicles under the proportional registration provisions of ORS 826.009 or 826.011. Except as otherwise provided in this section, tow vehicles registered under ORS 826.009 or 826.011 are subject to the same requirements, conditions and privileges as other vehicles registered under those sections. Tow vehicle proportional registration is subject to the following:
(a) In addition to any application for registration required by ORS 826.009 or 826.011, the applicant must certify in a manner determined by the Department of Transportation by rule that the applicant meets the qualifications specified in ORS 822.205.
(b) The applicant must hold a towing business certificate issued under ORS 822.205.
(c) In addition to any application for renewal of registration required by ORS 826.009 or 826.011, in order to renew proportional registration for a tow vehicle, the applicant shall certify to the department that the applicant meets the qualifications specified in ORS 822.205.
(d) The department shall issue appropriate identification devices for proportionally registered tow vehicles. The design for such devices shall be as determined by the department by rule and the fees for such devices are as provided in ORS 803.577.
(e) An identification device for proportionally registered tow vehicles is subject to cancellation as provided in ORS 822.218.
(2) A vehicle that has been issued tow vehicle proportional registration may be used only for the purposes described in ORS 822.210. Violation of this subsection is punishable as provided in ORS 822.200 for operating an illegal towing business. [1991 c.284 §28]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.218 - Cancellation of identification device for proportionally registered tow vehicle.

(1) The Department of Transportation shall have the authority to investigate and verify information provided in conjunction with application for proportional registration of a tow vehicle under ORS 822.217. The department may cancel an identification device for a proportionally registered tow vehicle if the department determines that the owner or lessee of the vehicle, or an employee of either, has:
(a) Operated the vehicle in violation of tow vehicle registration limits;
(b) Falsely certified an application required by ORS 822.217 for registration or renewal of registration of a proportionally registered tow vehicle; or
(c) Falsely completed an application under ORS 822.205 for a towing business certificate.
(2) If a tow vehicle proportional registration identification device is canceled under this section, the vehicle is not eligible for registration under ORS 822.205 for a period of one year after the cancellation. [1991 c.284 §29]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.220 - Authorization to obstruct traffic; failure to take precautions; penalty.

(1) The operator of a wrecker or tow vehicle may stop the wrecker or tow vehicle where it obstructs traffic when the operator:
(a) Is engaged in the salvaging of another vehicle; and
(b) Takes the precautionary measures required by this section.
(2) A person commits the offense of failure to take precautions when obstructing traffic with a tow vehicle or wrecker if the person is operating a wrecker or tow vehicle engaged in the salvaging of another vehicle and the operator does not do all of the following:
(a) Determine that the salvaging operation requires stopping the wrecker or tow vehicle in the roadway.
(b) Place warning signs or signals as prescribed under ORS 815.070 at a suitable distance in each direction upon the roadway.
(c) Activate tow vehicle warning lights described in ORS 816.280.
(3) The offense described in this section, failure to take precautions when obstructing traffic with a tow vehicle or wrecker, is a Class D traffic violation. [1983 c.338 §815; 1985 c.71 §9]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.225 - Failure to remove injurious substance; penalty.

(1) A person commits the offense of tow vehicle operator failure to remove injurious substance if the person is operating a tow vehicle that is removing a wrecked or damaged vehicle from a highway and the person fails to remove any glass or other injurious substance dropped upon the highway from such vehicle.
(2) The offense described in this section, tow vehicle operator failure to remove injurious substance, is a Class D traffic violation. [1983 c.338 §816; 1985 c.71 §10; 1995 c.383 §115]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.230 - City or county regulation of towing businesses.

(1) Notwithstanding ORS 822.200 to 822.225, and except as provided in subsection (2) of this section, a city or county may, by charter or ordinance, regulate towing businesses if the city or county charter or ordinance provisions pertain only to towing authorized by ORS 98.812 and the provisions:
(a) Regulate an aspect of a towing business that is not regulated by ORS 822.200 to 822.225; or
(b) Regulate an aspect of the towing business that is regulated by ORS 822.200 to 822.225 and the provisions of the charter or ordinance are more stringent than those of the statutes.
(2) This section does not authorize imposition of any license fee or tax on a towing business by a city or county.
(3) The governing body of a city or county may adopt ordinances that include, but are not limited to, the following requirements:
(a) That towing businesses accept methods of payment other than and in addition to cash.
(b) That towing businesses post fees in a conspicuous place at the location of the towed vehicles.
(c) That any posted signs that warn of the possibility of towing or that give information about recovery of a towed vehicle be prominently displayed and show the fees charged to recover a towed vehicle.
(d) That towing businesses offer transportation at a reasonable cost from within the immediate vicinity of the place from which the vehicle was towed to the towed vehicle.
(e) That towing businesses establish locations for towed vehicles in such a way that no vehicle will be towed a greater distance than is necessary and reasonable.
(f) That towed vehicles be stored in a public location that has at least one attendant on duty at all times. [1987 c.765 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.235 - Recovery after theft.

(1) If a tower recovers a vehicle after a theft, the vehicle is totaled and the vehicle has no applicable insurance coverage, the person who is the owner of the vehicle may transfer the person’s interest in the vehicle to the tower in payment or partial payment of the tower’s fees for recovery and storage of the vehicle.
(2) A tower that accepts a transfer of interest in a vehicle from a person under this section may not assess fees against the person for storage of the totaled vehicle that occurs on and after the date of the transfer of interest.
(3) Notwithstanding the provisions for liens under ORS 98.812 and 98.830, if a person transfers their interest in a vehicle under this section to a tower within 14 days of the date the person receives notice under ORS 98.857, the tower may not bring an action against the person for, or otherwise take any affirmative steps to collect or permit an agency or assignee to collect, any amount as compensation for towing, caring for or storing the totaled vehicle.
(4) A tower that receives title under this section is responsible for any fees imposed by the Department of Transportation for transferring title. [2017 c.523 §5; 2019 c.13 §70]
Note:
822.235 was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 822 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.250 - State Board of Towing; membership; terms of office; compensation and expenses.

(1) The State Board of Towing is established within the Department of Transportation.
(2) The State Board of Towing consists of nine members appointed by the Governor as follows:
(a) One tower who holds a towing business certificate issued under ORS 822.205 and who represents a city in Oregon with a population of 100,000 or more;
(b) One tower who holds a towing business certificate issued under ORS 822.205 and who represents a city in Oregon with a population of less than 100,000;
(c) One tower who holds a towing business certificate issued under ORS 822.205 and who has specialized knowledge in towing equipment and vehicles with a gross vehicle weight rating of more than 44,000 pounds;
(d) One tower who holds a towing business certificate issued under ORS 822.205 and who has specialized knowledge in towing vehicles with a gross vehicle weight rating of 26,000 pounds or less;
(e) One member who represents the insurance industry;
(f) One member from a tow program within the Department of State Police;
(g) One member who is a chief of police or a county sheriff;
(h) One member who is a member of the public; and
(i) One member who is a consumer advocate.
(3) All members of the board must be residents of Oregon.
(4) The term of office of each member of the board is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.
(5) A member of the board is entitled to compensation and expenses as provided in ORS 292.495. [2021 c.578 §1; 2023 c.348 §1]
Note:
822.250 to 822.290 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 822 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Note:
Section 2, chapter 578, Oregon Laws 2021, provides:
Sec. 2. Initial terms of office.
Notwithstanding the term of office specified by section 1 of this 2021 Act [822.250], of the members first appointed to the State Board of Towing:
(1) Two shall serve for a term ending July 1, 2022.
(2) Two shall serve for a term ending July 1, 2023.
(3) Two shall serve for a term ending July 1, 2024.
(4) Three shall serve for a term ending July 1, 2025. [2021 c.578 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.255 - Chair and vice chair; quorum; meetings.

(1) The State Board of Towing shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the board determines.
(2) Except as provided in subsection (3) of this section, a majority of the members of the board constitutes a quorum for the transaction of business.
(3) When the board is deliberating or voting on a matter before it, four members of the board constitute a quorum.
(4) No more than two members who are towers may vote on any matter. The chairperson shall assign a rotation of voting members who are towers. If an assigned member who is a tower has an actual or potential conflict of interest in a matter before the board, the chairperson shall designate a different member who is a tower and who does not have an actual or potential conflict of interest in the matter before the board to deliberate and vote on that matter.
(5) The board shall meet at least once a quarter at a time and place determined by the board. The board shall also meet at such other times and places as are specified by the call of the chairperson, vice chairperson or administrative officer. [2021 c.578 §3]
Note:
See note under 822.250.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.260 - Administrative officer for board; subordinate officers and employees.

(1) The State Board of Towing shall appoint an administrative officer to serve at the pleasure of the Governor. The determination of qualifications of the administrative officer and appointment of the administrative officer shall be made by the board after consulting with the Governor.
(2) The administrative officer may not be a member of the board.
(3) The designation of the administrative officer must be by written order, filed with the Secretary of State.
(4) The administrative officer is in the unclassified service under ORS chapter 240, and the board shall fix the salary of the administrative officer in accordance with the applicable provisions of ORS chapter 240.
(5) Subject to any applicable provisions of ORS chapter 240, the administrative officer shall appoint all subordinate officers and employees of the board, prescribe their duties and fix their compensation. [2021 c.578 §4]
Note:
See note under 822.250.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.265 - Rulemaking authority; board seal.

(1) In accordance with applicable provisions of ORS chapter 183, the State Board of Towing may adopt rules:
(a) Necessary for the administration of the laws that the board is charged with administering.
(b) To implement ORS 98.853 to 98.862.
(2) The board may adopt a seal. [2021 c.578 §5]
Note:
See note under 822.250.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.270 - State Board of Towing Account.

(1) The State Board of Towing Account is established in the State Treasury, separate and distinct from the General Fund.
(2) The account consists of the following:
(a) Moneys collected from fees imposed under ORS 822.285.
(b) Moneys appropriated to the account by the Legislative Assembly.
(c) Moneys from any other source.
(3) Moneys in the account are continuously appropriated to the Department of Transportation to carry out the provisions of ORS 822.250 to 822.290 and 822.995. [2021 c.578 §6]
Note:
See note under 822.250.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.275 - Administration of oaths; obtaining and taking evidence at board proceedings; failure to obey board subpoena.

The State Board of Towing, acting through its chairperson or vice chairperson, may administer oaths, take depositions and issue subpoenas to compel the attendance of witnesses and the production of documents or other written information necessary to carry out the provisions of ORS 822.250 to 822.290 and 822.995. If any person fails to comply with a subpoena issued under this section or refuses to testify on matters on which the person lawfully may be interrogated, the procedure set out in ORS 183.440 shall be followed to compel obedience. [2021 c.578 §7]
Note:
See note under 822.250.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.285 - Additional powers of board; fees; rules.

(1) In carrying out its investigative and enforcement duties, functions and powers, and notwithstanding any other provision of law, the State Board of Towing may procure services and award a contract for the personal services of a subject matter expert, on a case-by-case basis, in any manner deemed practical or convenient. The price of such contracts, including any amendments, may not exceed $25,000.
(2) If the board has reason to believe that any person has been engaged or is engaging in any violation of ORS 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235, 822.250 to 822.290, 822.605 or 822.995 or any rule adopted under those statutes, or any order issued by the board, the board may, without bond, bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with ORS 98.853, 98.854, 98.856, 98.858, 181A.350, 822.200, 822.215, 822.225, 822.230, 822.235, 822.250 to 822.290, 822.605 or 822.995 or any rule adopted under those statutes, or any order issued by the board. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.
(3) The board, by rule, may impose a fee on any person holding or applying for a towing business certificate. The amount of the fee shall be established to recover expenses incurred by the board in carrying out ORS 822.250 to 822.290 and 822.995. Any fees collected under this subsection shall be deposited into the State Board of Towing Account established under ORS 822.270. [2021 c.578 §9]
Note:
See note under 822.250.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.300 - Acting as vehicle transporter without certificate; exemptions; penalty.

(1) A person commits the offense of acting as a vehicle transporter without a certificate if the person is not the holder of a vehicle transporter certificate issued under ORS 822.310 and the person drives or tows over the highways of this state:
(a) A vehicle that is:
(A) Required to be registered under the vehicle code;
(B) Driven or towed on its own wheels;
(C) Driven or towed from outside this state or from a manufacturer or vehicle dealer within this state; and
(D) Driven or towed to a prospective purchaser, manufacturer or dealer or the agent thereof either in this state or in any other state, territory or foreign country; or
(b) A manufactured structure.
(2) The offense described in this section does not apply to persons or vehicles exempted from this section under ORS 822.305.
(3) The offense described in this section, acting as a vehicle transporter without a certificate, is a Class D traffic violation. [1983 c.338 §817; 1985 c.16 §413; 1995 c.383 §116; 2003 c.655 §138]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.305 - Exemptions from vehicle transporter certification requirement.

In addition to any exemptions from the vehicle code under ORS 801.026, ORS 822.300 does not apply to the following:
(1) Vehicles lawfully operated with plates furnished to vehicle dealers under ORS 822.040.
(2) Vehicles lawfully operated with registration plates issued by this state.
(3) Vehicles being towed by other vehicles lawfully operated with plates issued for towing businesses under ORS 822.210. [1983 c.338 §818; 1985 c.16 §414]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.315 - Improper use of vehicle transporter plate; penalty.

(1) A person commits the offense of improperly using a vehicle transporter plate if the person is the holder of a vehicle transporter certificate and the person does any of the following:
(a) Exercises privileges granted under ORS 822.310 for vehicles with special vehicle transporter plates issued under ORS 822.310 without conspicuously displaying the plates on the rear of each vehicle.
(b) Uses a special vehicle transporter plate to transport a manufactured structure to a situs not permitted under the privileges granted under ORS 822.310.
(c) Allows any person other than the transporter or transporter’s employee to use the special vehicle transporter plates issued to the transporter under ORS 822.310.
(d) Uses the plate outside of the State of Oregon.
(2) The offense described in this section, improper use of vehicle transporter plates, is a Class D traffic violation. [1983 c.338 §820; 1995 c.383 §117; 2023 c.400 §32]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.325 - Failure to return revoked or suspended certificate; penalty.

(1) A person commits the offense of failure to return a revoked or suspended vehicle transporter certificate if the Department of Transportation demands and requires the return of any certificate, cards or plates under ORS 822.310 and the person has those items demanded and does not return them to the department.
(2) The offense described in this section, failure to return a revoked or suspended vehicle transporter certificate, is a Class A misdemeanor. [1983 c.338 §822; 1985 c.393 §57; 1987 c.261 §9f; 1999 c.359 §7]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 822 - Regulation of Vehicle Related Businesses › Section 822.500 - Operating commercial driver training school without certificate; rules; penalty.

(1) A person commits the offense of operating a commercial driver training school without a certificate if the person is not the holder of a valid, current driver training school certificate issued under ORS 822.515 and the person operates a business or nonprofit enterprise that engages, for a consideration, in educating and training persons, either practically or theoretically, or both, in the driving of motor vehicles.
(2) The offense described in this section does not apply to:
(a) A business or nonprofit enterprise engaged in educating and training persons for a profession;
(b) An accredited secondary school, college or university; or
(c) A person that provides limited education or training for a specialized purpose, as determined by the Department of Transportation by rule.
(3) The offense described in this section, operating a commercial driver training school without a certificate, is a Class A misdemeanor. [1983 c.338 §826; 1985 c.393 §58; 2005 c.155 §1]