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LIC-9.05-13 - Prohibitions

PROHIBITIONS
Administrative Rule Adopted by Revenue Bureau Pursuant to Rule-Making Authority
ARB-LIC-9.05-13

 

1.  Coercion

 

A.  PPI towers shall not require payment of fees before allowing a vehicle owner or operator to inspect the condition of his/her towed vehicle or its contents, during regular business hours anytime within the first 30 days after the tow, provided that the vehicle owner or operator can show proof of ownership or authorization by the registered owner.  An after hours or gate fee may be applied for such requests outside of regular business hours.

 

B.  PPI towers will not require, as a condition of releasing a motor vehicle or personal property in the motor vehicle, that the owner or operator of the motor vehicle agree not to dispute:

 

1.  The reason for the tow;

2.  The validity or amount of charges; or

3.  The responsibility of the tower for the condition of the motor vehicle or personal property in the motor vehicle.

 

C.  PPI towers shall not require payment of fees before allowing a vehicle owner or operator to recover any animal left in the vehicle or contents of an emergency nature as specified in ORS 98.858, provided that the vehicle owner or operator can show proof of ownership or authorization by the registered owner. An after hours or gate fee may be applied for such requests outside of regular business hours.

 

2.  Gratuities

 

Except for providing signs as required by this code, it is unlawful for a PPI tower to pay a private property owner/operator or staff any gratuity or provide any goods or services below market value in order to secure towing privileges. Violation of this prohibition may result in suspension or revocation of the PPI permit.

 

3.  Predatory practices

 

A.  It is unlawful for a PPI tower to park within 1,000 feet of, or post a monitor at, a private parking facility for the purpose of covert observation in order to obtain PPI tows, unless:

 

1.  The monitor provides a verbal warning to persons leaving their cars; or,

2.  All signs clearly warn that the lot has on-site monitoring and the hours during which monitoring occurs.

 

B.  Failure to provide any of these notices will invalidate the tow and may result in refund to the complainant and/or civil penalties.

 

4.  PPI police tows

 

PPI towers will not release a vehicle designated as a PPI police tow without first obtaining authorization from the police agency. PPI towers will cooperate with police agencies whenever a PPI towed vehicle is of interest to police for any reason.

 

5.  Pay and Park lots

 

A.  It is unlawful to assess and collect parking penalties unless the property is registered in compliance with PCC 7.25 “Pay and Park and Non-Pay Private Parking Facilities.”

 

B.  Towing from pay and park or non-pay private parking facilities is subject to provisions of PCC 7.24 and PCC 7.25.

 

 

HISTORY
Amended by Director of Revenue Bureau December 17, 2013.
Revised document filed in PPD April 20, 2006.
Submitted for inclusion in PPD April 23, 2004.
Originally adopted by Bureau of Licenses as Administrative Rule 017.03-1.