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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 58th Legislature (2021)
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32	32	HOUSE BILL 2492 By: Frix
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38	38	AS INTRODUCED
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40	40	An Act relating to motor vehicles; amending 47 O.S.
41	41	2011, Section 955, as last amended by Section 1,
42	42	Chapter 283, O.S.L. 2014 (47 O.S. Supp . 2020, Section
43	43	955), which relates to towing vehicle from roadway;
44	44	authorizing the towing of certain unattended
45	45	vehicles; deeming certain unattended vehicles
46	46	obstructions; allowing the head of a political
47	47	subdivision's transportation division to authorize
48	48	employees to have certain vehicles towed; and
49	49	providing an effective date.
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56	56	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
57	57	SECTION 1. AMENDATORY 47 O.S. 2011, Section 955, as last
58	58	amended by Section 1, Chapter 283, O.S.L. 2014 (47 O.S. Supp. 20 20,
59	59	Section 955), is amended to read as follows:
60	60	Section 955. A. Any officer of the Department of Public Safety
61	61	or any other political subdivision of this state is hereby
62	62	authorized to cause to be towed any vehicle found upon public roads,
63	63	highways, streets, turnpikes, private parking lots accessible to the
64	64	public, other public places or upon any private road, street, alley
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91	91	or lane which provides access to one or more single -family or
92	92	multifamily dwellings when:
93	93	1. Report has been made that the vehicle has been stolen or
94	94	taken without the consent of its owner;
95	95	2. The officer has reason to believe the vehicle has been
96	96	abandoned as defined in Sections 901 and 902 of this title;
97	97	3. The person driving or in control of the v ehicle is arrested
98	98	for an alleged offense for which the officer is required by law to
99	99	take the person arrested or summoned before a proper magistrate
100	100	without unnecessary delay;
101	101	4. At the scene of an accident, if the owner or driver is not
102	102	in a position to take charge of the vehicle and direct or request
103	103	its proper removal;
104	104	5. The officer has probable cause that the person operating the
105	105	vehicle has not been granted driving privileges or that the driving
106	106	privileges of the person are currently suspended, rev oked, canceled,
107	107	denied, or disqualified;
108	108	6. The officer has probable cause that the vehicle has been
109	109	used in the commission of a felony offense and the officer has
110	110	obtained a search warrant authorizing the search and seizure of the
111	111	vehicle;
112	112	7. The officer has probable cause that the vehicle is not
113	113	insured as required by the Compulsory Insurance Law of this state;
114	114	or
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141	141	8. The vehicle is involved in a fatal motor vehicle collision
142	142	and is needed for evidentiary purposes ; or
143	143	9. A vehicle is left unattended up on any street, sidewalk,
144	144	alley or thoroughfare, and constitutes a hazard or obstruction to
145	145	the normal movement of public transit along a rail fixed guideway.
146	146	An unattended vehicle shall be deemed to constitute an obstruction
147	147	if any portion of the vehicle remains in that lane utilized for the
148	148	rail fixed guideway as designated by traffic lane markings or if any
149	149	portion of the vehicle is outside of the designated parking location
150	150	and protrudes into the lane of traffic utilized for the rail fixed
151	151	guideway. For purposes of this paragraph, the head of a political
152	152	subdivision's transportation division may authorize employees to
153	153	cause to be towed any vehicle which constitutes a hazard or
154	154	obstruction to the normal movement of public transit along a rail
155	155	fixed guideway.
156	156	No vehicle shall be released after impoundment unless the owner
157	157	provides to the storing facility proof of valid insurance or an
158	158	affidavit of nonuse on the roadway, or in the event of a release
159	159	request from an insurer or the representative of the insur er who has
160	160	accepted liability for the vehicle, no such proof of insurance or
161	161	affidavit of nonuse on the roadway shall be required.
162	162	B. A licensed wrecker operator is not liable for damage to a
163	163	vehicle, vessel, or cargo that obstructs the normal movement of
164	164	traffic or creates a hazard to traffic and is removed in compliance
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191	191	with the request of a law enforcement officer, unless there is
192	192	failure to exercise reasonable care in the performance of the act or
193	193	for conduct that is willful or malicious.
194	194	C. Each officer of the Department shall use the services of the
195	195	licensed wrecker operator whose location is nearest to the vehicle
196	196	to be towed in all instances in subsection A of this section. The
197	197	requests for services may be alternated or rotated among all
198	198	licensed wrecker operators who are located within a reasonable
199	199	radius of each other. In like manner, the officer shall advise any
200	200	person requesting information as to the availability of a wrecker or
201	201	towing service, the name of the nearest licensed wrecker operator ,
202	202	giving equal consideration to all licensed wrecker operators located
203	203	within a reasonable radius of each other. In cities of less than
204	204	fifty thousand (50,000) population, all licensed wrecker operators
205	205	located near or in the city limits of such cities sh all be
206	206	considered as being equal distance and shall be called on an equal
207	207	basis as nearly as possible. In counties bordering other states, if
208	208	the officer deems safety and time considerations warrant, the
209	209	officer may call a wrecker or towing service that i s not on the
210	210	rotation log.
211	211	D. Any officer of the Department who has been requested by a
212	212	person in need of wrecker or towing service to call a specific
213	213	wrecker or towing service for such person, and who calls a different
214	214	wrecker or towing service other tha n the one requested, without the
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241	241	consent of the person, except where hazardous conditions exist,
242	242	shall be suspended from the Department, without compensation, for a
243	243	period of thirty (30) days, except in instances where a vehicle is
244	244	removed from the roadway under the authority of paragraphs 3, 4 and
245	245	6 of subsection A of this section.
246	246	E. Operators conducting a tow under this section shall release
247	247	all personal property within the vehicle to an insurer or
248	248	representative of the insurer who has accepted liabilit y for the
249	249	vehicle, or to any person upon proof of ownership of the vehicle and
250	250	an Oklahoma driver license or other state or federally issued photo
251	251	identification. Upon the release of personal property to an insurer
252	252	or representative of the insurer, wrecke r operators shall be exempt
253	253	from all liability and shall be held harmless for any losses or
254	254	claims of loss. Personal property shall include everything in a
255	255	vehicle except the vehicle, the attached or installed equipment,
256	256	vehicle keys or devices to start a nd unlock the vehicle, and the
257	257	spare tire and tools to change the tire. Interlock devices may be
258	258	removed pursuant to Section 11 -902a of this title. If release of
259	259	personal property occurs during normal business hours as prescribed
260	260	by the Corporation Commi ssion, it shall be at no cost to the
261	261	registered owner or the owner prior to the repossession. After -hour
262	262	fees may be assessed as prescribed by this Chapter or by the
263	263	Corporation Commission, when the release of property is made after
264	264	the prescribed normal business hours.
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291	291	F. The operator of a wrecker or towing service may request a
292	292	person offering proof of ownership of personal property and any
293	293	interlock device to execute a form provided by the operator
294	294	exempting the operator from liability for such release .
295	295	SECTION 2. This act shall become effective November 1, 2021.
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297	297	58-1-6791 JBH 12/23/2020

Oklahoma 2022 Regular Session

Oklahoma House Bill HB2492 Compare Versions