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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legisla ture (2023)
HOUSE BILL 1482 By: Sneed
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 955, as amended by Section 12, Chapter
228, O.S.L. 2022 (47 O.S. Supp. 2 022, Section 955),
which relates to the towing of vehicles from roadway;
requiring towing of certain vehicles as one unit;
requiring retention of certain vehicles until
reimbursement is made; and providing an effec tive
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 955, as
amended by Section 12, Chapter 228, O.S.L. 2022 (47 O.S. Supp. 2022,
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 publi c roads,
highways, streets, turnpikes, private parking lots accessible to the
public, other public places or upon any private road, street, alley
or lane which provides access to one or mo re single-family or
multifamily dwellings when:
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1. A report has been made that the vehicle 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 o f 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 arre sted 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 cha rge of the vehicle and direct or request
its proper removal;
5. The officer has probable cause t hat the person operating the
vehicle has not been granted driving privileges or that the dr iving
privileges of the pe rson are currently suspended, revoked, can celed,
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 author izing the search and seizu re of the
vehicle;
7. The officer has probable cause that the vehicle is not
insured as required by the Compulsory Insurance Law of this s tate;
or
8. The vehicle is involved in a fatal motor vehicle collision
and is needed for evidentiary purposes; or
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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 t o constitute an obstruct ion 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 utilize d for the rail fixed
guideway. For purposes of this paragraph, the head of a political
subdivision's transportation division may authorize e mployees to
cause to be towed any vehicle which constitutes a hazard or
obstruction to the normal movement of publi c transit along a rail
fixed guideway; or
10. Any truck tractor and semitrailer combination requires
towing services for either the truck tractor or semitrailer, the
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 semitr ailer
until reimbursement has been made for services rendered .
No vehicle shall be released aft er 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 wh o has
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accepted liability for the vehicle, no such proof of insurance or
affidavit of nonuse on the roa dway 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 traff ic and is removed 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 wil lful or malicious.
C. Each officer of the Department shall use the s ervices 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 alternate d or rotated among all
licensed wrecker operators who are located wit hin a reasonable
radius of each other. In like manner, the officer sh all advise any
person requesting information as to the availability of a wrecker o r
towing service, the name of the n earest licensed wrecker operator,
giving equal consideration to all l icensed wrecker operators located
within a reasonable radius of each o ther. In cities of less than
fifty thousand (50,000) population, all licensed wre cker operators
located near or in t he city limits of such cities shall be
considered as being equal dist ance 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
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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 p erson, and who calls a different
wrecker or towing service other than the one requested, without the
consent of the person, except where hazardous conditions exist,
shall be subject to progressive discipline issued by the Department
except in instances whe re a vehicle is removed from the roa dway
under the authority of paragraph s 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 liab ility 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
of the registered owner shall provide proof of iden tity in
accordance with the Departmen t's rules related to establishin g
identity. 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,
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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 S ection 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 re possession. After-hour
fees may be assessed as prescribed by this Ch apter or by the
Corporation Commission, when the release of property i s made after
the prescribed normal business hours.
F. The operator of a wrecke r 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 effe ctive November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON INSURANCE, dated 02/23/2023 - DO
PASS.