(a) Engages in the towing or recovering of vehicles by any means for any direct or indirect compensation when the vehicle being towed or recovered is owned by a person other than the person performing the towing or recovery activity.
(b) Engages in towing or recovering by any means, as part of any business operation of the person, vehicles that are wrecked, damaged, disabled or abandoned or replacement vehicles.
(c) Purports in any way to be engaged in the business of performing activities described in this subsection.
(2) This section does not apply to any of the following:
(a) Persons operating under and within the scope of a vehicle transporter certificate issued under ORS 822.310.
(b) A person who provides assistance to another motorist, whether or not compensation is received, if the assistance is not provided as part of the business operation of the person providing the assistance.
(c) A person engaging in any activity relating to a vehicle in which that person holds a security interest.
(d) An employee of a person issued a towing business certificate under ORS 822.205 while that employee is performing official duties as an employee.
(e) A person who holds a valid dismantler certificate under ORS 822.110 who tows a vehicle described under ORS 819.280.
(3) The offense described in this section, operating an illegal towing business, is a Class A misdemeanor. [1983 c.338 §811; 1985 c.16 §410; 2005 c.738 §§6,6a]