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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1853 By: Paxton
AS INTRODUCED
An Act relating to consumer protection; creating the
Oklahoma Motor Vehicle Repair Consumer Protection
Act; providing short title; defin ing terms; providing
for consent of service work between parties;
requiring itemized bill of all fees and charges;
providing for contents of written estimate;
prohibiting certain rate and time limit for cer tain
service; providing for limit on admi nistrative fees;
requiring payment for storage regardless of purpose
of storage; providing allowed daily storage rates;
preventing accrual of rates under certain
circumstances; providing for written notice to be
provided by a motor vehicle repair facility within
certain time frame; requiring for fees to be posted
conspicuously to the public; preventing certain fee
increase; allowing certain fees to be accessed under
certain circumstances; providing for codification;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 140.8 of Title 15, unless there
is created a duplication in numbering, reads as fo llows:
This act shall be known and may be cited as the “Oklahoma Motor
Vehicle Repair Consume r Protection Act”.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 140.9 of Title 15, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “Administrative charges” shall include, but not be limited
to, file creation; repair orders; vehicle travel; parts and vehicle
identification; software charges; communication with vehicle owners
and insurance representatives and any other party involved in the
repair or total loss determination ; pre-repair charges; prewashes;
COVID-19 or bio-cleaning; charges related to pre-repair diagnostic
scanning, photographs, electronic communic ations, parts
identification, and preparation of a repair plan; any charges for
work that is not a repair procedure for obtaining labor, parts, and
materials; securing removed parts ; relocating parts back in a
vehicle determined to be a total loss ; restocking fees; wrapping and
tarping; and moving vehicles from d ifferent locations;
2. “Customer” or “responsible party” means the owner, an agent
of the owner, a family member of the owner, an employee of the
power, insurance represe ntative, or any other perso n who is or will
be responsible for charges inc urred at a motor vehicle repair
facility as a result of repairs or charges incurred in d etermining a
total loss of a motor vehicle as provided for in Section 1250.8 of
Title 36 of the Oklahoma Statutes;
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3. “Motor vehicle” means every self-propelled vehicle intended
primarily for use and operation on the p ublic streets and highways;
4. “Motor vehicle repair facili ty” or “garage” means any
commercial entity engaged in the business or occupation of
performing repairs on a motor vehi cle, including any re pairs or
replacement of body parts , and any mechanical repairs;
5. “Service work” means all repairs, maintenance, painting,
exterior body work, part replacements, evaluation to determine a
total loss motor vehicle, pre-repair evaluation to determine
anticipated service work to be performed, and diag nostic testing of
a motor vehicle performed after the repair process has commenced;
6. “Storage rates” means all charges and fees related to the
motor vehicle repair fa cility retaining act ual physical possession
of a motor vehicle during the time when the motor vehicle repair
facility exercises control, supervision, and responsi bility over the
motor vehicle; and
7. “Tear-down process” means the disassembly of a damaged motor
vehicle to a point where the motor vehicle repair facility can
identify the extent of the damage and generate an itemized estimate
for restoring the vehicle to its pre-loss condition.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 140.10 of Title 15, unless there
is created a duplication in numbering, reads as follows:
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A. No service work shall be performed by any motor vehicle
repair facility unless the motor vehicle repair facility obtains the
written consent or d ocumented verbal consent of the customer or
responsible party for the fees, charges, and costs, not including
any applicable sales ta xes, to be incurred by the customer or
responsible party prior to per forming the service wo rk.
B. Prior to performing the service work, the motor vehicle
repair facility shall prepare a written est imate of the proposed
service work with an itemization of all fees, charges, and cos ts for
the proposed service work, not including any appli cable sales taxes,
and an estimated date of the completion of the service work.
C. Prior to performi ng the service work, the motor vehicle
repair facility shall record on the written estimate the type of
communication, written or verbal, had with the customer or
responsible party and whether the customer or responsible party
consented to the proposed service work. The record shall include
the date, time, manner of consent , verbal or written, telephone
number called to speak with the customer or res ponsible party, if
any, and the names of the persons giving and receiving such consent.
D. The tear-down process shall neither excee d the billed rate
of Sixty Dollars ($60.00) per hour nor exceed a four-hour maximum
total time of completion. T he four-hour maximum total time of
completion for the tear -down process shall not be a flat r ate
charged by a motor vehicle repair facility, but shall be the time
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limit allowed, where necessary, based upon the amount of labor
required and difficulty of the evaluation of the specific motor
vehicle being assessed. Prior to per forming any of the tear-down
process, the motor vehicle repair facility shall provide a written
estimate to the customer or res ponsible party with an anticipated
duration of the tear -down process.
E. Administrative charges shall ne ither exceed the billed rate
of Sixty Dollars ($6 0.00) per hour nor exceed a four -hour maximum
total time of completion. The four -hour maximum total time of
completion for the administrative charges shall not be a flat rate
charged by a motor vehicle repair facility , but shall be the time
limit allowed, where necessary, based upon the amount of labor and
necessary supporting functions required for the r epair of the
specific motor vehicle being service d.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 140.11 of Title 15, unless there
is created a duplication in numbering, reads as follows:
Regardless of the manner of delivery of a motor vehicle to a
motor vehicle repair facility, whether a consensual or nonconsensual
delivery, or whether the service work is for a total loss vehicle or
a repairable vehicle , all administrative and no n-repair-related
fees, charges, and costs, not including any applicable sales taxes,
for storage to be incurred by the customer or responsible party for
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a single calendar day may be charged for any vehicle stored for a
portion of a twenty-four-hour period.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 140.12 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. The maximum daily inside storage rates allowed to be charge d
by a motor vehicle repair facility or garage for each twenty -four-
hour period, regardless of whether that twenty -four-hour period
extends over more than one calendar day, are as follows:
Type of Stored Vehicle Rate Per Each 24-hour
Period or Portion Thereof
Single vehicle: motorcycle, automobile,
or light truck up to 20 feet in length..........$39.00
Single vehicle or combination of vehicles
over 20 feet in length but less than 30
feet in length.................................. $47.00
Single vehicle or combination of vehicles
over 30 feet in length and up to 8 feet
in width...................................... ..$55.00
Single vehicle or combination of vehicles
over 30 feet in length and over 8 feet
in width........................................ $70.00
B. The maximum daily outside storage rates allowed to be
charged by a motor vehicle repair facil ity or garage for each
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twenty-four-hour period, regardless of wh ether that twenty-four-hour
period extends over more than one calendar day, are as follows:
Type of Stored Vehicle Rate Per Each 24-hour
Period or Portion Thereof
Single vehicle: motorcycle, automobile,
or light truck up to 20 feet i n length..........$24.00
Single vehicle or combination of vehicles
over 20 feet in length but less than 30
feet in length.................................. $32.00
Single vehicle or combination of vehicl es
over 30 feet in length and up to 8 feet
in width........................................ $39.00
Single vehicle or combination of vehicles
over 30 feet in length and over 8 feet
in width........................................ $55.00
C. Storage charges shall neither accrue nor be charged on motor
vehicles that are repaired.
D. Storage charges shall neither accrue nor be charged on any
motor vehicle deemed to be a total loss vehicle until the
determination has been made by t he customer or responsible part y
that the motor vehicle is a total loss vehicle. The total loss
determination date shall serve as the date upon which storage
charges shall start accruing.
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SECTION 6. NEW LAW A new section of law to be codif ied
in the Oklahoma Stat utes as Section 140.13 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. Each motor vehicle repair facility shall provide written
invoices and respond to requests for invoices concerning the pickup,
release, or delivery of a motor vehicle on its premises within eight
(8) business hours.
B. All fees, charges, and costs, not including any applicable
sales taxes, for service work, including minimum charges, shall be
conspicuously posted and visible to the public on the mot or vehicle
repair facility’s website or in writing in t he customer-accessible
portion of the motor vehicle repair facility where a customer or
responsible party would pay for service work in person if the
customer or responsible party was physically present at the motor
vehicle repair facility.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 140.14 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. A motor vehicle repair facility shall not increase any
charges assessed by a wrecker or towing service licensed by the
Department of Public Safety for a motor vehicle delivered to the
motor vehicle repair facility and shall only pa ss on those charges
without any markup. The charges asses sed by the wrecker or towing
service are consider ed a sublet item and the receiving of such is
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part of the administrative charges al lowed in paragraph 1 of Section
2 of this act.
B. A single additional fee of Fifty Dollars ($50.00) may be
charged for an Oklahoma Title 42 Possessory Lien process over and
above the allowed administrative charges only if the following
requirements have been met:
1. Documentation of the offic ial Oklahoma Title 42 Possessory
Lien filing has been provided to the motor vehicle ’s registered
owner in accordance with the proce dures mandated by the Oklahoma
Title 42 Possessory Lien process; and
2. Proof of notification that the official Oklahoma Title 42
Possessory Lien filing has be en provided to the motor vehicle’s
registered owner shall be documented and kep t by the filing person
or business, showing the motor vehicle’s registered owner address,
date upon which notification was made, and manner of notification
made to the motor vehicle’s registered owner.
SECTION 8. This act shall become effective November 1, 2024 .
59-2-3282 MR 1/17/2024 5:18:17 PM