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ENGROSSED SENATE
BILL NO. 1741 By: Paxton of the Senate
and
Pfeiffer of the House
[ motor vehicle storage rates - fees and charges -
towed vehicles - 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 combinat ion wrecker
vehicle, as defined in paragraph 2 of this section, unless a
specific differentiation is otherwise described;
2. “Combination wrecker” or “combination wrecker vehicle ” means
any wrecker vehicle which is designed and equipped with two separate
and distinct devices to tow simultaneously two or more other
vehicles or combinations of vehicles, whether or not both devices
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are in use simultaneously. One of the devices sha ll allow another
vehicle to be loaded onto and transported upon the wrecker veh icle,
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 wrecker 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 an d 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;
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
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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 Oklahoma, 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 collision,
and is being towed:
(1) in either direction across the border between
Oklahoma and a neighboring state, or
(2) through Oklahoma in transi t to another state;
provided, the out-of-state wrecker service shall
comply with all other requirements regarding
interstate commerce as set forth in law;
7. “Commissioner” means the Commissioner of Public Safety;
8. “Commission” means the Corporation Co mmission;
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,
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insurer, lienholder, or any other person in legal possession of o r
in charge of the vehicle;
11. “Nonconsensual tow” means the transportation of a vehicle
without the consent or knowledge 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 for public
safety or public convenience, or accidents, by any law enforcement
officer or property agent or removal from public or private 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, highway , or
turnpike or the median, easement , or shoulder of a roadway;
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:
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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, Sect ion 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 determine the maximum fees and charges
for the storage and after -hours release of nonconsensual or
consensual towed vehicles, including incorporated and unincorporated
areas, by a wrecker or towing service licensed by the Department of
Public Safety and repair facilities as defined in Section 95 3 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 i n
addition to any other rates, fees or charges authorized, allowed or
required by law, including environmental remediation fees and
services.
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B. 1. Storage or after -hours release of a towed vehicle, or
both, provided by a wrecker or towing service or by a repair
facility shall be recorded by the operator on a bill or invoice as
prescribed by rules of the Department.
2. Nothing herein shall limit the right of an operator or
repair facility who has provided or caused to be provided storage 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 construed to require an operator
or repair facility to charge a fee fo r the storage or after -hours
release, or both, of any towed vehicle.
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, or debit card from
the owner, lienholder , or agent of the towed vehicle or insurer
accepting liability for paying the claim for a vehicle or purchasing
the vehicle as a total loss vehicle from the registered owner for
the performance of any and all such services. An operator or repair
facility shall make the towed vehicle available for inspection by
the owner, lien holder, agent of the towed vehicle, or insurer
accepting liability for p aying the claim for a vehicle and shall
release the vehicle from storage upon a uthorization from the owner,
agent, or lienholder of the vehicle or in the case of a total loss,
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the insurer accepting liability for paying the claim for the vehicle
or purchasing the vehicle where the vehicle is to be moved to an
insurance pool yard for s ale.
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 towed
vehicle is brought onto the outdoor storage facility premises.
Rates shall apply to each calendar day of outdoor storage; provided,
the maximum twenty-four-hour fee, as provided for in this section,
may be charged for any towed vehicle which is stored 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
Single vehicle or combination of vehicles
over 20 feet in length but less than 30
feet in length $20.00 $32.00
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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 feet
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 applied from the ti me the towed
vehicle is brought into the indoor storage facility 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 towed vehicle which is stored for a portion of 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 lengt h $25.00 $39.00
Single vehicle or combination of vehicles
over 20 feet in length but less than 30
feet in length $30.00 $47.00
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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 com bination 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 enclose d 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 release
occurs at a time other than normal business hours.
2. As used in this subsection:
a. “after-hours release rate” shall mean the rate charged
for the release of a towed vehicle 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, George Washington ’s Birthday, on the
third Monday in February, Memorial Day, Independence
Day, Labor Day, Veterans Day, Thanksgiving Day , and
Christmas Day, and shall further include the Friday
before such national holiday which falls on a Saturday
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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 releas e of any single
vehicle or combination of vehicles.
G. An operator or repair f acility shall be required to provide
reasonable documentation to substantiate all lawful fees charged the
owner, lienholder, agent , or insurer accepting liability for paying
the claim for the towed vehicle or purchasing the towed vehicle.
Fees for which the operator or repair facility is being reimbursed,
or having paid to a third party, shall include copies of the invoice
or other appropriate documents to substantiate the payme nt to the
third party.
SECTION 3. This act shall become effect ive November 1, 2024.
Passed the Senate the 12th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives