Towing rules for property managers in Oregon

Printable checklist

• ☐ Placement: Plain view; number and location not stated
• ☐ Tow company reports the tow to police within 1 hour
• ☐ Release the car if the owner returns before it leaves the property
• ☐ Never require the owner to sign a damage waiver

What the sign law says

Applies to: Parking facilities (not proscribed property, single-family homes or duplexes)

A tow company may not tow from a parking facility unless a sign is displayed in plain view that clearly says public parking is prohibited or restricted. Oregon state law does not say how many signs are needed or where they go; it only requires a clear sign in plain view.

ORS 98.854(1) (opens in a new tab)

The sign must say public parking is prohibited or restricted; no towing wording, size or contact details are stated.

Tow-away signs and permission

• A tow company may not tow from a parking facility unless a sign is displayed in plain view that clearly says public parking is prohibited or restricted. The one exception is a tow you agreed to. ORS 98.854(1) (opens in a new tab)
• No sign is needed on 'proscribed' property, meaning places where a reasonable person would see parking is not normally allowed, or a single-family home or duplex parking area. Parking there without permission is still unlawful. ORS 98.805(4); ORS 98.810(2) (opens in a new tab)
• Oregon state law does not say how many signs are needed or where they go; it only requires a clear sign in plain view. Cities may add rules, so ask the city or take photos of the lot entrances. ORS 98.854(1) (opens in a new tab)
• The tow company must be contacted by the property owner or agent at the time of the tow and get signed authorization. It cannot tow if the person authorizing is its own employee, and it must keep the authorization for 2 years and give you a copy free on request. ORS 98.854(2), (4) (opens in a new tab)
• For apartments, a landlord can have a car towed without notice only in listed cases, such as blocking emergency access, violating a prominently posted rule, a disabled space, or an unassigned space without a required tag. A car cannot be towed just because its registration is expired. ORS 90.485(2), (7) (opens in a new tab)

If you get back before the tow leaves

• If you are present, the tow company must release the car at no charge unless the hookup is complete. If it is complete (car loaded or connected so the truck can move), the fee cannot exceed the hookup charge on its written price statement. ORS 98.853(2) (opens in a new tab)
• Before towing, the company must photograph the car as it was parked, with date and time, keep the photo for 2 years, and give you a copy free on request. Ask for it; it is your best evidence about signs and parking. ORS 98.853(1) (opens in a new tab)

Where your car can be taken and who must be told

• Oregon sets no mileage limit. A company with several storage lots must take the car to its lot with space that is in the same county and closest to where the car was hooked up. ORS 98.853(3) (opens in a new tab)
• The tow company must tell local law enforcement where the car is within 1 hour after it is placed in storage, or it loses the lien (its right to hold the car for charges). Call the police non-emergency line to find a private tow. ORS 98.812(2) (opens in a new tab)
• Oregon sets no statewide tow price. Each city or county may set maximum rates for non-consensual tows, and may require a tow license; where a city sets rates, county rates do not apply inside the city. ORS 98.859; ORS 98.861 (opens in a new tab)

Sources

• https://www.oregonlegislature.gov/bills_laws/ors/ors098.html (opens in a new tab)
• https://www.oregonlegislature.gov/bills_laws/ors/ors090.html (opens in a new tab)