Arrest Reports and Laws

Rights and liabilities of owner.


The owner, a person entitled to possession or any person with an interest recorded on the title of a vehicle taken into custody under ORS 819.110 or 819.120:
(1) Is liable for all costs and expenses incurred in the towing, preservation and custody of the vehicle and its contents except that:
(a) The owner, a person entitled to the vehicle or any person with an interest recorded on the title is not liable for nor shall be required to pay storage charges for a period in excess of 20 days unless the person has received a written notice under ORS 819.160. In no case shall a person be required to pay storage charges for a storage period in excess of 60 days.
(b) A security interest holder is not liable under this subsection unless the security interest holder reclaims the vehicle.
(2) May reclaim the vehicle at any time after it is taken into custody and before the vehicle is sold or disposed of under ORS 819.210 or 819.215 upon presentation to the authority holding the vehicle of satisfactory proof of ownership or right to possession and upon payment of costs and expenses for which the person is liable under this section.
(3) If the vehicle is taken into custody under ORS 819.110 or 819.120, has a right to request and have a hearing under ORS 819.190 or under procedures established under ORS 801.040, as appropriate.
(4) If the vehicle is sold or disposed of under ORS 819.210 or 819.215, has no further right, title or claim to or interest in the vehicle or the contents of the vehicle.
(5) If the vehicle is sold or disposed of under ORS 819.210, has a right to claim the balance of the proceeds from the sale or disposition as provided under ORS 87.206.
(6) Has no right to a hearing if the vehicle is disposed of under ORS 819.215. [1983 c.338 §421; 1985 c.316 §2; 1993 c.233 §64; 1993 c.385 §§5,5a; 1995 c.79 §378; 1995 c.758 §11; 2005 c.738 §4; 2009 c.371 §9]