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ENGROSSED HOUSE
BILL NO. 2182 By: Johns of the House
and
Standridge of the Senate
An Act relating to motor vehicles; amending 47 O.S.
2011, Section 955, as last amended by Section 1,
Chapter 283, O.S.L. 2014 (47 O.S. Supp. 2020 , Section
955), which relates to towing vehicle from roadway;
authorizing the towing of certain unattended
vehicles; deeming certain unattended vehicles
obstructions; allowing the head of a political
subdivision's transportation division to authorize
employees to have certain vehicles towed; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 955, as last
amended by Section 1, Chapter 283, O.S.L. 2014 (47 O.S. Sup p. 2020,
Section 955), is amended to read as follows:
Section 955. A. Any officer of the Department of Public Safety
or any other political subdivision of this state is hereby
authorized to cause to be towed any vehicle found upon public roads,
highways, streets, turnpikes, private parking lots accessible to the
public, other public places or upon any private road, street, alley
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or lane which provides access to one or more single -family or
multifamily dwellings when:
1. Report has been made that the vehi cle has been stolen or
taken without the consent of its owner;
2. The officer has reason to believe the vehicle has been
abandoned as defined in Sections 901 and 902 of this title;
3. The person driving or in control of the vehicle is arrested
for an alleged offense for which the officer is required by law to
take the person arrested or summoned before a proper magistrate
without unnecessary delay;
4. At the scene of an accident, if the owner or driver is not
in a position to take charge of the vehicle a nd direct or request
its proper removal;
5. The officer has probable cause that the person operating the
vehicle has not been granted driving privileges or that the driving
privileges of the person are currently suspended, revoked, canceled,
denied, or disqualified;
6. The officer has probable cause that the vehicle has been
used in the commission of a felony offense and the officer has
obtained a search warrant authorizing the search and seizure of the
vehicle;
7. The officer has probable cause that the vehicle is not
insured as required by the Compulsory Insurance Law of this state;
or
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8. The vehicle is involved in a fatal motor vehicle collision
and is needed for evidentiary purposes ; or
9. A vehicle is left unattended upon any street, sidewalk,
alley or thoroughfare, and constitutes a hazard or obstruction to
the normal movement of public transit along a rail fixed guideway.
An unattended vehicle shall be deemed to constitute an obstruction
if any portion of the vehicle remains in that lane utilized for the
rail fixed guideway as designated by traffic lane markings or if any
portion of the vehicle is outside of the designated parking location
and protrudes into the lane of traffic utilized for the rail fixed
guideway. For purposes of this paragraph, the head of a political
subdivision's transportation division may authorize employees to
cause to be towed any vehicle which constitutes a hazard or
obstruction to the normal movement of public transit along a rail
fixed guideway.
No vehicle shall be rele ased after impoundment unless the owner
provides to the storing facility proof of valid insurance or an
affidavit of nonuse on the roadway, or in the event of a release
request from an insurer or the representative of the insurer who has
accepted liability for the vehicle, no such proof of insurance or
affidavit of nonuse on the roadway shall be required.
B. A licensed wrecker operator is not liable for damage to a
vehicle, vessel, or cargo that obstructs the normal movement of
traffic or creates a hazard to traffic and is removed in compliance
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with the request of a law enforcement officer, unless there is
failure to exercise reasonable care in the performance of the act or
for conduct that is willful or malicious.
C. Each officer of the Department shall u se the services of the
licensed wrecker operator whose location is nearest to the vehicle
to be towed in all instances in subsection A of this section. The
requests for services may be alternated or rotated among all
licensed wrecker operators who are loc ated within a reasonable
radius of each other. In like manner, the officer shall advise any
person requesting information as to the availability of a wrecker or
towing service, the name of the nearest licensed wrecker operator,
giving equal consideration to all licensed wrecker operators located
within a reasonable radius of each other. In cities of less than
fifty thousand (50,000) population, all licensed wrecker operators
located near or in the city limits of such cities shall be
considered as being eq ual distance and shall be called on an equal
basis as nearly as possible. In counties bordering other states, if
the officer deems safety and time considerations warrant, the
officer may call a wrecker or towing service that is not on the
rotation log.
D. Any officer of the Department who has been requested by a
person in need of wrecker or towing service to call a specific
wrecker or towing service for such person, and who calls a different
wrecker or towing service other than the one requested, without the
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consent of the person, except where hazardous conditions exist,
shall be suspended from the Department, without compensation, for a
period of thirty (30) days, except in instances where a vehicle is
removed from the roadway under the authority of parag raphs 3, 4 and
6 of subsection A of this section.
E. Operators conducting a tow under this section shall release
all personal property within the vehicle to an insurer or
representative of the insurer who has accepted liability for the
vehicle, or to any person upon proof of ownership of the vehicle and
an Oklahoma driver license or other state or federally issued photo
identification. Upon the release of personal property to an insurer
or representative of the insurer, wrecker operators shall be exempt
from all liability and shall be held harmless for any losses or
claims of loss. Personal property shall include everything in a
vehicle except the vehicle, the attached or installed equipment,
vehicle keys or devices to start and unlock the vehicle, and th e
spare tire and tools to change the tire. Interlock devices may be
removed pursuant to Section 11 -902a of this title. If release of
personal property occurs during normal business hours as prescribed
by the Corporation Commission, it shall be at no cost to the
registered owner or the owner prior to the repossession. After -hour
fees may be assessed as prescribed by this Chapter or by the
Corporation Commission, when the release of property is made after
the prescribed normal business hours.
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F. The operator of a wrecker or towing service may request a
person offering proof of ownership of personal property and any
interlock device to execute a form provided by the operator
exempting the operator from liability for such release.
SECTION 2. This act shall become effective November 1, 2021.
Passed the House of Representatives the 2nd day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2021.
Presiding Officer of the Senate