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SENATE FLOOR VERSION
February 20, 2024
SENATE BILL NO. 1741 By: Paxton
An Act relating to motor vehicle storage rates;
amending 47 O.S. 2021, Section 951, which relates to
definitions; updating statutory reference ; defining
term; amending 47 O.S. 2021, Section 953.2, as
amended by Section 1, Chapter 316, O.S. L. 2023 (47
O.S. Supp. 2023, Section 953.2), which relate s to
fees and charges for storage of towed vehicles;
providing for consensual towed vehicles; increasing
maximum storage rates ; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 951, is
amended to read as follows:
Section 951. As used in Sections 951 through 965 968 of this
title and Sections 1 through 3 of this act :
1. “Wrecker or wrecker vehicle ” “Wrecker” or “wrecker vehicle”
means any motor vehicle that is equipped with any device designed to
tow another vehicle or combination of vehicles. The use of the term
“wrecker” wrecker or “wrecker vehicle” wrecker vehicle shall be
construed to include a combination wrecker or combination wrecker
vehicle, as defined in paragraph 2 of this section, unless a
specific differentiation is otherwise described;
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2. “Combination wrecker” or “combination wrecker vehicle” means
any wrecker vehicle which is designed and equipped with tw o separate
and distinct devices to tow simultaneously two or more other
vehicles or combinations of vehicles, whether or not both devices
are in use simultaneously. One of the devices sha ll allow another
vehicle to be loaded onto and transported upon the wrecker vehicle,
and one of the devices shall allow another vehicle to be attached to
and pulled by the wrecker vehicle;
3. “Tow” or “towing” means the use of a wrec ker vehicle to
lift, pull, move, haul or otherwise transport any other vehicle by
means of:
a. attaching the vehicle to and pulling the vehicle with
the wrecker vehicle, or
b. loading the vehicle onto and transporting the vehicle
upon the wrecker vehicle;
4. “Rollback equipment” means a towing device or equipment upon
which the towed vehicle is loaded and transported, removing the
towed vehicle completely from the surface of the roadway. The term
“rollback equipment” rollback equipment shall include car haulers;
5. “Dolly” means a towing device or equipment which lifts and
suspends one axle of the towed vehicle above the surface of the
roadway;
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6. “Wrecker or towing service ” means engaging in the business
of or performing the act of towing or offering to tow any vehicle,
except:
a. where the operator owns the towed vehicle and displays
on both sides of the wrecker vehicle in plainly
visible letters not less than two (2) inches in height
the words “NOT FOR HIRE”,
b. where the service is performed by a transporter as
defined in Section 1-181 of this title,
c. where service is performed in conjunction with the
transportation of household goods and property,
d. where the wrecker vehicle is owned or operated by the
United States government, the State of Oklahom a, or
any department or political subdivision thereof, or
e. where the service is performed by an out -of-state
wrecker service at the request of the vehicle owner or
operator, the vehicle is not involved in a co llision,
and is being towed:
(1) in either direction across the border between
Oklahoma and a neighboring state, or
(2) through Oklahoma in transit to ano ther state;
provided, the out-of-state wrecker service shall
comply with all other requirements regarding
interstate commerce as set forth in law;
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7. “Commissioner” means the Commissioner of Public Safety;
8. “Commission” means the Corporation Commission;
9. “Department” means the Department of Public Safety;
10. “Consensual tow” means the transportation of a vehicle
performed at the request of a vehicle’s owner, possessor, agent,
insurer, lienholder, or any other person in legal possession of or
in charge of the vehicle ;
11. “Nonconsensual tow” means the transportation of a vehicle
without the consent or kn owledge of the vehicle ’s owner, possessor,
agent, insurer, lienholder, or any other person in possession of or
in charge of any vehicle and includes the transportation or towing
of the vehicle under lawful circumstances or necessity for the
public interest including removing from the roadway fo r public
safety or public convenience, or accidents, by any law enforcement
officer or property agent or removal from public or privat e property
as a result of abandonment or unauthorized parking by the property
owner, agent, possessor, or other legal entity for the property
owner;
11. 12. “Operator” means any person owning or operating a
wrecker vehicle or wrecker or towing service;
12. 13. “Officer” means any duly authorized law enforcement
officer;
13. 14. “Roadway” means any public street, road, high way, or
turnpike or the median, easement , or shoulder of a roadway;
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14. 15. “Service call” means the act of responding to a request
for service with a wrecker vehicle in which a service is performed;
and
15. 16. “Vehicle” shall:
a. have the same meaning as defined in Section 1-186 of
this title, and
b. for the purposes of this chapter when referring to a
vehicle or combination of vehicles being towed or
stored, include a vessel. The term “vessel” shall
have the same meaning as defined in Section 4002 of
Title 63 of the Oklahoma Statutes.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 953.2, as
amended by Section 1, Chapter 316, O.S.L. 2023 (47 O.S. Supp. 2023,
Section 953.2), is amended to read as follows:
Section 953.2. A. The rates established by ord er of the
Corporation Commission shall deter mine the maximum fees and charges
for the storage and after-hours release of noncons ensual or
consensual towed vehicles, including incorporated and unincorporated
areas, by a wrecker or towing service licensed by the Departmen t of
Public Safety and repair facilities as defined in Section 953 of
Title 15 of the Oklahoma Statutes. No wrecker or towing service or
repair facilities shall charge any fee for nonconsensual or
consensual towed vehicles and storage which exceeds the maximum
rates established by the Commission. Such rates shall be in
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addition to any other rates, fe es or charges authorized, allowed or
required by law, including environmental remediation fees and
services.
B. 1. Storage or after-hours release of a towed vehicle, or
both, provided by a wrecker or towing servic e or by a repair
facility shall be recorded by the operator on a bill or i nvoice as
prescribed by rules of the Department.
2. Nothing herein shall lim it the right of an operator or
repair facility who has provided or caused to be provided stora ge or
after-hours release of a towed vehicle, or both, to require
prepayment, in part or in full, or guarantee of payment of any
charges incurred for providing such services.
3. This section shall not be const rued to require an operator
or repair facility to charge a fee for the storage or after -hours
release, or both, of any towed vehicl e.
4. The operator or repair facility is authorized to collect all
lawful fees in acceptable forms of payment such as through check,
credit card, automated clearing house transfer, o r debit card from
the owner, lienholder, or agent of the towed vehicle or insurer
accepting liability for paying the claim for a vehicle or pur chasing
the vehicle as a total loss vehicle from the reg istered owner for
the performance of any an d all such services. An operator or repair
facility shall make the towed vehicle availa ble for inspection by
the owner, lien holder, agent of the towed vehicle , or insurer
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accepting liability for p aying the claim for a vehicle and shall
release the vehicle from storage upon authorization from the owner,
agent, or lienholder of the vehicle or in the cas e of a total loss,
the insurer accepting liability for paying the claim for t he vehicle
or purchasing the vehicle w here the vehicle is to be moved to an
insurance pool yard for sale.
C. The rates in subsections D through F of this section shall
be applicable until superseded by rates established by the
Commission.
D. Outdoor Storage Rates.
1. Rates in this subsection shall apply to the outdoor storage
of a towed vehicle. Rates may be applied from the time the t owed
vehicle is brought onto the outdoor storage facility premises.
Rates shall apply to each calendar day of outdoor s torage; provided,
the maximum twenty-four-hour fee, as provided for in this section,
may be charged for any towed vehicle which is store d for a portion
of a twenty-four-hour period.
2. Maximum outdoor storage rates shall be as follows:
Rate per Each
24-hour Period or
Type of Towed Vehicle Portion Thereof
Single vehicle: motorcycle, automobile,
or light truck up to 20 feet in length $15.00 $24.00
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Single vehicle or combination of vehicles
over 20 feet in length but less than 30
feet in length $20.00 $32.00
Single vehicle or combination of vehicles
over 30 feet in length and up to 8 feet
in width $25.00 $39.00
Single vehicle or combination of vehicles
over 30 feet in length and over 8 fee t
in width $35.00 $55.00
E. Indoor Storage Rates.
1. Rates in this subsection shall ap ply to the indoor storage
of a towed vehicle. Rates may be a pplied from the time the towed
vehicle is brought into the indoor storage facili ty premises. Rates
shall apply to each calendar day of indoor storage; provided, the
maximum twenty-four-hour fee, as provided for in this section, may
be charged for any towe d vehicle which is stored for a portion o f a
twenty-four-hour period.
2. Maximum indoor storage rates shall be as follows:
Rate per Each
24-hour Period or
Type of Towed Vehicle Portion Thereof
Single vehicle: motorcycle, automobile,
or light truck up to 20 feet in length $25.00 $39.00
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Single vehicle or combination of vehicles
over 20 feet in length but less than 30
feet in length $30.00 $47.00
Single vehicle or combination of vehicles
over 30 feet in length and up to 8 feet
in width $35.00 $55.00
Single vehicle or combin ation of vehicles
over 30 feet in length and over 8 feet
in width $45.00 $70.00
3. For purposes of this subsection, “indoor storage” means the
vehicle is kept in an enclosed facility.
F. After-Hours Release Rate.
1. The rate in this subsection shall apply to the release of a
towed vehicle to the owner, lienholder, or agent when such rele ase
occurs at a time other than normal busine ss hours.
2. As used in this subsection:
a. “after-hours release rate” shall mean the rate charged
for the release of a towed vehi cle between the hours
of midnight and 8:00 a.m., or between the hours of
4:00 p.m. and midnight Monday through Friday, or any
time on Saturday, Sunday, or a national holiday, and
b. “national holiday” shall mean New Year’s Day, Martin
Luther King Day, Georg e Washington’s Birthday, on the
third Monday in February, Memorial Day, Independ ence
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Day, Labor Day, Veterans Day, Thanksgivi ng Day, and
Christmas Day, and shall further include the Fr iday
before such national holiday which falls on a Saturday
and the Monday following such national holiday which
falls on a Sunday.
3. The maximum after-hours release rate shall be Fifteen
Dollars ($15.00) per quarter hour for the release of any single
vehicle or combination o f vehicles.
G. An operator or repair facility shall be required to provide
reasonable documentation to substantiate all lawful fee s charged the
owner, lienholder, agent , or insurer accepting liability for paying
the claim for the towed vehicle or purchasin g the towed vehicle.
Fees for which the operator or repair facility is being reimbursed,
or having paid to a third party, sh all include copies of the invoice
or other appropriate documents to substantiate the payment to the
third party.
SECTION 3. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON RETIREMENT AND INSURANCE
February 20, 2024 - DO PASS