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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4101 By: Frix of the House
and
Standridge of the Senate
COMMITTEE SUBSTITUTE
An Act relating to transportation; amending 47 O.S.
2021, Section 955, which relates to towing of vehicle
from roadway; requiring towing o f certain vehicles as
one unit; requiring retention of certain vehicles
until reimbursement is made; and p roviding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, 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 t he
public, other public places or upon any private road, street, alle y
or lane which provides access to one or more single -family or
multifamily dwellings when:
1. A report has been made that the vehicle has been stolen or
taken without the consent of its owner;
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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 t o
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 and 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 curr ently 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 th e 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 I nsurance Law of this state;
or
8. The vehicle is involved in a f atal motor vehicle collision
and is needed for evidentiary purposes ; or
9. Any truck tractor and semitrailer combination requir es
towing services for either the truck trac tor or semitrailer, the
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combination of the truck tractor and semitrailer combination shall
be considered one unit and the licensed wrecker operator responding
shall tow and retain both the truck tractor and the semitrailer
until reimbursement has been made for services rendered .
No vehicle shall be released 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 r elease
request from an insurer or the representative of the insurer who has
accepted liability for the vehicle, no su ch 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 remov ed in compliance
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 Depart ment shall use the services of the
licensed wrecker operator whose location is nearest to the vehicle
to be towed in all instances in s ubsection A of this section. The
requests for services may be alternated or rotated among all
licensed wrecker operators who are located within a reasonabl e
radius of each other. In like manner, the officer shall advise any
person requesting information as to the availability of a wrecker o r
towing service, the name of the nearest licensed wrecker operator,
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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 wre cker operators
located near or in the city limits of such cities shall be
considered as being equal 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 consideratio ns warrant, the
officer may call a wrecker or towing service that is not on the
rotation log.
D. Any officer of the De partment 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 request ed, without the
consent of the person, except where hazardous conditions exist,
shall be subject to progressive discipline issued by the Department
except in instances where a vehicle is removed from the roadway
under the authority of paragraphs 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 vehi cle to an insurer or
representative of the insurer who has accepted liability for the
vehicle, or to the registered owner or the owner's personal
representative as designated by the registered owner on a form
approved by the Department . The registered owner or representative
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of the registered owner shall provide proof of identity in
accordance with the Department's rules re lated to establishing
identity. Upon the release of personal property to an insurer or
representative of the insurer, wrecker operator s shall be exempt
from all liability and shall be held harmless for any losses or
claims of loss. Personal property shal l include everything in a
vehicle except the vehicle, the attached or installed equipment,
vehicle keys or devices to start and unlock the vehicle, and the
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 p rescribed by this Chapter or by the
Corporation Commission, when the release of property is made after
the prescribed normal business h ours.
F. The operator of a wrecker or towing service may request a
person offering proof of ownership of personal proper ty and any
interlock device to exec ute a form provided by the operator
exempting the operator from liability for such release.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON TRANSPORTATION, dated 03/03/2022 -
DO PASS, As Amended and Coauthored.