[Sbot_mailing_list] State Board of Towing Meeting Notice and Adopted Public Policy

Wed Jul 31 14:33:03 PDT 2024

Good afternoon,

Private Parking Impound (PPI) Public Policy

The State Board of Towing adopted the attached Private Property Impound (PPI) Public Policy at the July 23, 2024 meeting.

The purpose of the public policies is to clarify the intent and meaning of Oregon's statutes and administrative rules as well as identify best practices and expectations for members of the towing industry, the public, property owners and managers, and stakeholders on specific PPI statutes.

The Board found that, while most of the statutes were written with plain language and clear intent, the complaints submitted to the Board showed that a small number of towers were either deliberately or unknowingly violating the intent of some of the key laws that were enacted to protect the public.

The public policies adopted on July 23rd specifically address:

  *   ORS 98.854 (2) - (4): The legal requirement of an authorized signature from the private parking facility owner or its agent at the time of tow, and the prohibition of a tower (or the towers representative or employee) acting as the owner's agent in authorizing a PPI tow. The signature authorization is to provided to the requester at the time of the request, but no later than the next business day.
  *   ORS 98.853 (1): The legal exceptions to ORS 98.854 (2) and circumstances when a person other than the property owner may authorize a tow.
  *   ORS 98.853 (2): Photographs must show the vehicle prior to the tow. While not required under the statute, additional photographs are recommended in the public policy so that the parking violation is clearly demonstrated.  Photos of the vehicle are to be provided to the requester at the time of the request, but no later than the next business day.
  *   ORS 98.854 (8): The legal prohibition of towers monitoring parking facilities for the purpose of identifying towing business.

The Board continues to review the existing ORSs for clarity and will adopt policies or administrative rules addressing other legal requirements as identified.

The Board's website has meeting notes and minutes containing further information of the Board's discussions and public comments on the PPI statutes.

August 20, 2024 Work Session

The Board is hosting a public work session to discuss ORS 822.200 Operating illegal towing business<https://oregon.public.law/statutes/ors_822.200> and clarifying the legal exemptions to the tow plate/tow business certificate requirement.

If time allows, the Board will discuss additional ORSs or topics for proposed policies.

The August Work Session notice and agenda is attached.

Please let me know if you have any questions,

Torey McCullough
Administrator - State Board of Towing
Mailing Address:
ICO DMV-HQ
1905 Lana Avenue, NE
Salem, OR  97314
Website: www.oregon.gov/sbot<http://www.oregon.gov/sbot>

Reminder:

  *   The Board has the authority to investigate complaints against tow companies for violations of Oregon's laws, and the authority to enforce disciplinary actions against towers for violations.
  *   The Board does not have the legal authority to investigate property managers, law enforcement, code enforcement, and other individuals with the legal authority to request a vehicle be towed.
  *   A full investigation must be conducted prior to Board vote on a disciplinary action. Investigations may take several months to complete.
  *   The Board does not have the authority to require a tower to refund any portion of tow fees or costs, and there is no guaranty that a complaint will be refunded all or a portion of the money paid for an unlawful tow.

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Board Mission:
The Oregon State Board of Towing is responsible for protection of the safety and well-being of the public through the regulation of the towing industry by administering and enforcing the laws and rules of the State of Oregon, setting professional standards and expectations of the towing industry, and ensuring fairness and continuity of towing services provided by Oregon's towing industry.

Stay Informed!
Subscribe to the Board's mailing list<https://omls.oregon.gov/mailman/listinfo/sbot_mailing_list> to get the latest news and information.

You're Invited to the Board's August 20, 2024 Work Session
For more information, follow this link: https://www.oregon.gov/sbot/Pages/Board-Agendas-Meetings.aspx

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