OK
Oklahoma House Bill HB2182

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2182 Compare Versions

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30+March 22, 2021
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334 BILL NO. 2182 By: Johns of the House
435
536 and
637
738 Standridge of the Senate
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1443 An Act relating to motor vehicles; amending 47 O.S.
1544 2011, Section 955, as last amended by Section 1,
1645 Chapter 283, O.S.L. 2014 (47 O.S. Supp. 2020, Section
1746 955), which relates to towing vehicle from roadway;
1847 authorizing the towing of certain unattended
1948 vehicles; deeming certain unattended vehicles
2049 obstructions; allowing the head of a political
2150 subdivision's transportati on division to authorize
2251 employees to have certain vehicles towed; and
2352 providing an effective date.
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28-SUBJECT: Motor vehicles
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3057 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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3258 SECTION 1. AMENDATORY 47 O.S. 2011, Section 955, as last
3359 amended by Section 1, Chapter 283, O.S.L. 2014 (47 O.S. Sup p. 2020,
3460 Section 955), is amended to read as follows:
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3661 Section 955. A. Any officer of the Department of Public Safety
3762 or any other political subdivision of this state is hereby
3863 authorized to cause to be towed any vehicle found upon public roads,
3964 highways, streets, turnpikes, private parking lots accessible to the
4065 public, other public places or upon any private road, street, alley
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4193 or lane which provides access to one or more single -family or
4294 multifamily dwellings when:
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4495 1. Report has been made that the vehi cle has been stolen or
4596 taken without the consent of its owner;
46- ENR. H. B. NO. 2182 Page 2
4797 2. The officer has reason to believe the vehicle has been
4898 abandoned as defined in Sections 901 and 902 of this title;
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5099 3. The person drivin g or in control of the vehicle is arrested
51100 for an alleged offense for which the officer is required by law to
52101 take the person arrested or summoned before a proper magistrate
53102 without unnecessary delay;
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55103 4. At the scene of an accident, if the owner or driver is not
56104 in a position to take charge of the vehicle a nd direct or request
57105 its proper removal;
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59106 5. The officer has probable cause that the person operating the
60107 vehicle has not been granted driving privileges or that the driving
61108 privileges of the person are currently suspended, revoked, canceled,
62109 denied, or disqualified;
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64110 6. The officer has probable cause that the vehicle has been
65111 used in the commission of a felony offense and the officer has
66112 obtained a search warrant authorizing the search and seizure of the
67113 vehicle;
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69114 7. The officer has probable cause that the vehicle is not
70115 insured as required by the Compulsory Insurance Law of this state;
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73144 8. The vehicle is involved in a fatal motor vehicle collision
74145 and is needed for evidentiary purposes ; or
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76146 9. A vehicle is left unattended upon any street, sidewalk,
77-alley or thoroughfare and constitutes a hazard or obstruction to the
78-normal movement of public transit along a rail fixed guideway. An
79-unattended vehicle shall be deemed to constitute an obstruction if
80-any portion of the vehic le remains in that lane utilized for the
147+alley or thoroughfare, and constitutes a hazard or obstruction to
148+the normal movement of public transit along a rail fixed guideway.
149+An unattended vehicle shall be deemed to constitute an obstruction
150+if any portion of the vehicle remains in that lane utilized for the
81151 rail fixed guideway as designated by traffic lane markings or if any
82152 portion of the vehicle is outside of the designated parking location
83153 and protrudes into the lane of traffic utilized for the rail fixed
84154 guideway. For purposes of this paragraph, the head of a political
85155 subdivision's transportation division may authorize employees to
86156 cause to be towed any vehicle which constitutes a hazard or
87157 obstruction to the normal movement of public transit along a rail
88158 fixed guideway.
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90159 No vehicle shall be rele ased after impoundment unless the owner
91-provides to the storing facility proof of valid insurance or an ENR. H. B. NO. 2182 Page 3
160+provides to the storing facility proof of valid insurance or an
92161 affidavit of nonuse on the roadway, or in the event of a release
93162 request from an insurer or the rep resentative of the insurer who has
94163 accepted liability for the vehicle, no such proof of insurance or
95164 affidavit of nonuse on the roadway shall be required.
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97165 B. A licensed wrecker operator is not liable for damage to a
98166 vehicle, vessel, or cargo that obstruct s the normal movement of
99167 traffic or creates a hazard to traffic and is removed in compliance
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100195 with the request of a law enforcement officer, unless there is
101196 failure to exercise reasonable care in the performance of the act or
102197 for conduct that is willful or malicious.
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104198 C. Each officer of the Department shall u se the services of the
105199 licensed wrecker operator whose location is nearest to the vehicle
106200 to be towed in all instances in subsection A of this section. The
107201 requests for services may be alternated or rot ated among all
108202 licensed wrecker operators who are loc ated within a reasonable
109203 radius of each other. In like manner, the officer shall advise any
110204 person requesting information as to the availability of a wrecker or
111205 towing service, the name of the nearest l icensed wrecker operator,
112206 giving equal consideration to all licensed wrecker operators located
113207 within a reasonable radius of each other. In cities of less than
114208 fifty thousand (50,000) population, all licensed wrecker operators
115209 located near or in the city limits of such cities shall be
116210 considered as being eq ual distance and shall be called on an equal
117211 basis as nearly as possible. In counties bordering other states, if
118212 the officer deems safety and time considerations warrant, the
119213 officer may call a wrecker or towing service that is not on the
120214 rotation log.
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122215 D. Any officer of the Department who has been requested by a
123216 person in need of wrecker or towing service to call a specific
124217 wrecker or towing service for such person, and who calls a different
125218 wrecker or towing service other than the one requested, without the
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126246 consent of the person, except where hazardous conditions exist,
127247 shall be suspended from the Department, without compensation, for a
128248 period of thirty (30) days, except in instances where a vehicle is
129249 removed from the roadway under the authority of parag raphs 3, 4 and
130250 6 of subsection A of this section.
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132251 E. Operators conducting a tow under this section shall release
133252 all personal property within the vehicle to an insurer or
134253 representative of the insurer w ho has accepted liability for the
135254 vehicle, or to any person upon proof of ownership of the vehicle and
136-an Oklahoma driver license or other state or federally issued photo ENR. H. B. NO. 2182 Page 4
255+an Oklahoma driver license or other state or federally issued photo
137256 identification. Upon the release of personal property to an insurer
138257 or representative of the insurer, wrecker operators shall be exempt
139258 from all liability and shall be held harmless for any losses or
140259 claims of loss. Personal property shall include everything in a
141260 vehicle except the vehicle, the attached or installed equipment,
142261 vehicle keys or devices to start and unlock the vehicle, and th e
143262 spare tire and tools to change the tire. Interlock devices may be
144263 removed pursuant to Section 11 -902a of this title. If release of
145264 personal property occurs during normal business hours as prescribed
146265 by the Corporation Commission, it shall be at no cost to the
147266 registered owner or the owner prior to the repossession. After -hour
148267 fees may be assessed as prescribed by this Chapter or by the
149268 Corporation Commission, when the release of property is made afte r
150269 the prescribed normal business hours.
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152297 F. The operator of a wrecker or towing service may request a
153298 person offering proof of ownership of personal property and any
154299 interlock device to execute a form provided by the operator
155300 exempting the operator from li ability for such release.
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157301 SECTION 2. This act shall become effective November 1, 2021.
158- ENR. H. B. NO. 2182 Page 5
159-Passed the House of Representatives the 2nd day of March, 2021.
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164- Presiding Officer of the House
165- of Representatives
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168-Passed the Senate the 15th day of April, 2021.
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173- Presiding Officer of the Senate
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177-OFFICE OF THE GOVERNOR
178-Received by the Office of the Governor this ____________________
179-day of ___________________, 20_______, at _______ o'clock _______ M.
180-By: _________________________________
181-Approved by the Governor of the State of Oklahoma this _________
182-day of ___________________, 20_______, at _______ o'clock _______ M.
183-
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185- _________________________________
186- Governor of the State of Oklahoma
187-
188-OFFICE OF THE SECRETARY OF STATE
189-Received by the Office of the Secretary of State this __________
190-day of ___________________, 20_______, at _______ o'clock _______ M.
191-By: _________________________________
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302+COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
303+March 22, 2021 - DO PASS