Chapter 10.06
DRIVING WITHOUT INSURANCE
Sections:
10.06.030 Impound authority--Driving uninsured.
10.06.040 Impound authority--Driving while suspended.
10.06.060 Release procedure--Driving uninsured.
10.06.070 Release procedure--Driving while suspended.
10.06.080 Rights of security interest holder.
10.06.010 Intent.
Driving without insurance and driving while suspended are serious problems to the citizens of Phoenix. Due to jail overcrowding, the consequences which can be imposed by the Court are often insufficient to deter violators from repeatedly driving without insurance and while suspended. The intent of the City of Phoenix Vehicle Impound Ordinance is to deter persons from repeated violations of the motor vehicle laws. It is intended to be remedial, rather than punitive, in nature.
(Ord. 776 § 1, 1997)
10.06.020 Definitions.
Any term used herein which is defined by the Oregon Revised Statutes shall have the meaning set out by the Oregon Revised Statutes.
(Ord. 776 § 2, 1997)
10.06.030 Impound authority--Driving uninsured.
Any police officer who reasonably believes that a person is driving in violation of ORS 806.010 may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release, or the vehicle is ordered released by a hearings officer, as set forth in Section 10.06.090.
(Ord. 776 § 3, 1997)
10.06.040 Impound authority--Driving while suspended.
Any police officer who reasonably believes that a person is driving a motor vehicle while the person’s license is suspended or revoked in violation of ORS 811.175 or 811.182 may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a hearings officer, as set forth in Section 10.06.090 herein.
(Ord. 776 § 4, 1997)
10.06.050 Notice requirement.
A. If a police officer takes custody of a vehicle under the provisions of Sections 10.06.010-10.06.110, the "impounding police agency" shall provide, transmitting by certified mail within forty-eight hours of the removal, written notice of the impoundment. The forty-eight-hour period does not include holidays, Saturdays or Sundays.
B. The notice is to be provided to the registered owner(s) of the vehicle and to any lessors or security interest holders as shown in the records of the department of transportation.
C. The notice required by this section shall state all of the following:
1. That the vehicle has been taken into custody and removed, the identity of the authority that took the vehicle into custody and removed the vehicle, and the statute, ordinance or rule under which the vehicle has been taken into custody and removed;
2. The location of the vehicle or the telephone number and address of the appropriate authority that will provide the information;
3. That the vehicle is subject to towing and storage charges;
4. That the vehicle and its contents are subject to a lien for payment of the towing and storage charges and that the vehicle and its contents will be sold to cover the charges if the charges are not paid;
5. That the owner, possessor or person having an interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and removing it and to contest the reasonableness of the charges for towing and storage if a hearing is timely requested;
6. The time within which a hearing must be requested and the method for requesting a hearing;
7. That the vehicle and its contents may be reclaimed in the manner described in Sections 6 and 7 herein by presentation to the appropriate authority of satisfactory proof of ownership or right to possession and payment of the towing and storage charges.
(Ord. 776 § 5, 1997)
10.06.060 Release procedure--Driving uninsured.
A vehicle impounded under Section 10.06.030 shall be released to a person entitled to lawful possession upon proof of compliance with financial responsibility requirements for the vehicle, payment to the impounding police agency of an administrative fee to be set by order of the Phoenix city council, and payment of any towing and storage charges. Proof shall be presented to the impounding police agency, which shall authorize the person storing the vehicle to release it upon payment of the charges.
(Ord. 776 § 6, 1997)
10.06.070 Release procedure--Driving while suspended.
A. Except as described in subsection B of this section, a vehicle impounded under Section 10.06.040 shall be released to a person entitled to lawful possession upon proof of compliance with financial responsibility requirements for the vehicle, payment to the police agency of an administrative fee to be set by the council order and payment of any towing and storage charges. Proof shall be presented to the impounding police agency, which shall authorize the person storing the vehicle to release it upon payment of the charges.
B. In the case of a vehicle impounded under Section 10.06.040, which at the time of the impoundment was being operated by a registered owner of the vehicle, said vehicle shall be released only after the operator of said vehicle has established to the impounding police agency that the person’s license has been reinstated by the Oregon Department of Motor Vehicles, or released to another individual after verifying he/she is legally licensed and permission received by the registered owner. Should tow operator be unable to establish that the operator’s right to operate a motor vehicle in this state has been reinstated, then the vehicle shall remain impounded for a period of thirty calendar days from the date that said vehicle was first impounded, after which time the vehicle shall be released to a person entitled to lawful possession upon payment to the impounding police agency of an administrative fee to be set by order of the Phoenix city council and payment of any towing and storage charges.
(Ord. 883 (part), 2007: Ord. 776 § 7, 1997)
10.06.080 Rights of security interest holder.
A. The authority to impound any vehicle under this section is subject to the rights of a security interest holder under a security agreement executed before a citation is issued for violation of an offense for which the vehicle may be impounded under this section.
B. A vehicle shall be released for the purpose of satisfying a security interest if:
1. The request is in writing and is made to the impounding police agency;
2. The security interest holder pays the expenses of removal and storage of the vehicle and the administrative fee to the impounding police agency.
C. If the registration of the vehicle has been suspended under ORS 809.010, the security interest holder takes possession of the vehicle subject to the suspension of the registration.
D. A security interest holder’s obligation to pay removal and storage expenses under this section is limited to the recovery of those removal and storage expenses incurred during the first thirty days of the vehicle’s impoundment, unless the impounding police agency or its designee has transmitted by certified mail a written notice to the security interest holder concerning the accrual of storage expenses. If the vehicle is in private storage, the lien claimant shall transmit the written notice as required by this section.
(Ord. 776 § 8, 1997)
10.06.090 Hearing.
A. A person entitled to lawful possession of a vehicle impounded under this section may request a hearing to contest the validity of the impoundment. A request must be made in writing within five days of the impoundment, excluding Saturdays, Sundays and holidays, by delivering such request to a person designated by the impounding police agency to receive such requests.
B. When a timely request for a hearing is made, a hearing shall be held before a hearings officer designated by the impounding police agency. The hearing shall be set for four days after the request is received, excluding Saturdays, Sundays and holidays, but may be postponed at the request of the person requesting the hearing.
C. The impounding police agency shall have the burden of proving by a preponderance of the evidence that there were reasonable grounds to believe that the vehicle was being operated in violation of ORS 806.010, 811.175 or 811.182. The police officer who ordered the vehicle impoundment may submit an affidavit to the hearings officer in lieu of making a personal appearance at the hearing.
D. If the hearings officer finds that the impoundment of the vehicle was proper, the hearings officer shall enter an order supporting the removal and shall find that the owner or person entitled to possession of the vehicle is liable for usual and customary towing and storage costs. The hearings officer may also find the owner or person entitled to possession of the vehicle liable for costs of the hearing. Hearing costs shall be paid to the governing body of the impounding police agency.
E. If the hearings officer finds that impoundment of a vehicle is improper, the hearings officer shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for any towing or storage costs resulting from the impoundment. If there is a lien on the vehicle for towing and storage charges, the hearings officer shall order it paid by the impounding police agency.
F. An impounding police agency, through its governing body, may agree with another agency or entity to conduct hearings under this section.
(Ord. 776 § 9, 1997)
10.06.100 Unclaimed vehicles.
If a vehicle taken into custody under Sections 10.06.010-10.06.100 is not reclaimed within forty-five days after it is taken into custody, the impounding police agency or its designee shall sell the vehicle and its contents at public auction in the manner provided in ORS 87.192 and 87.196. The contents of any vehicle sold under this section are subject to the same conditions of sale as the vehicle in which they are found. Funds received from the sale of a vehicle or its contents under this section shall be disposed of as provided in ORS 819.250. Upon sale of a vehicle under this section, an authority shall issue a certificate of sale as described in ORS 819.240.
(Ord. 776 § 10, 1997)
10.06.110 Inventory.
Any police officer who causes a vehicle to be impounded pursuant to Sections 10.06.010-10.06.110 shall conduct an inventory of the vehicle prior to releasing the vehicle to the tow truck company.
(Ord. 776 § 11, 1997)