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ENGROSSED HOUSE
BILL NO. 1753 By: Kerbs of the House
and
Frix of the Senate
[ motor vehicles – maximum fees and charges - rate
calculations - documentation - hourly rates -
federal data - Corporation Commission –
notification - amendment - vehicle weight - weekly
adjustment of fees - fees and charges for storage -
maximum indoor and outdoor storage rates -
Nonconsensual Towing Act of 2011 - rates for
consensual tows - modification of rates - notice
and hearing - expert witness - evaluation –
recommendations - notice of recommendation - expert
witness fees - annual fees - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 953.1, is
amended to read as foll ows:
Section 953.1. A. The rates established by the Corporation
Commission shall determine the nonconsensual tow maximum fees and
charges for wrecker or towing services performed in this state,
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including incorporated and unincorporated areas, by a wrecke r or
towing service licensed by the Department of Public Safety when that
service appears on the rotation log of the Department or on the
rotation log of any municipality, county or other political
subdivision of this state, and the services performed are at the
request or at the direction of any officer of the Department or of a
municipality, county, or political subdivision. No wrecker or
towing service in the performance of transporting or storing
vehicles or other property towed as a result of a noncon sensual tow
shall charge any fee which exceeds the maximum rates established by
the Commission. Such rates shall be in addition to any other rates,
fees or charges authorized, allowed or required by law and costs to
collect such fees. Any wrecker or towi ng service is authorized to
collect from the owner, lienholder, agent or insurer accepting
liability for paying the claim for a vehicle or purchasing the
vehicle as a total loss vehicle from the registered owner of any
towed or stored vehicle, the fee requ ired by Section 904 of this
title including environmental remediation fees and services.
B. When wrecker or towing services are performed as provided in
subsection A of this section:
1. Each performance of a wrecker or towing service shall be
recorded by the operator on a bill or invoice as prescribed by rules
of the Department and by order of the Commission;
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2. Nothing herein shall limit the right of an operator who has
provided or caused to be provided wrecker or towing services 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
to charge a fee for the performance of any wrecker or towing
services; and
4. The operator is a uthorized to collect all lawful fees from
the owner, lienholder or agent or insurer accepting liability for
paying the claim for a vehicle or purchasing the vehicle as a total
loss vehicle from the registered owner of the towed vehicle for the
performance of any and all such services and costs to collect such
fees. An operator shall release the vehicle from storage upon
authorization from the owner, agent or lienholder of the vehicle or,
in the case of a total loss, 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 sale.
C. The rates in subsections D through G of this section shall
be applicable until superseded by rates established by the
Commission.
D. Distance rates.
1. Rates in this subsection shall apply to the distance the
towed vehicle is transported and shall include services of the
operator of the wrecker vehicle. Hourly rates, as provided in
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subsection E of this section, may be applied in lieu of distance
rates. Hourly rates may be applied from the time the wrecker
vehicle is assigned to the service call until the time it is
released from service either upon return to the premises of the
wrecker or towing service or upon being assigned to perform another
wrecker or towing service, whichever occurs first. When the hourly
rate is applied in lieu of distance towing rates, the operator may
not apply the two-hour minimum prescribed in subsection E of this
section nor may hookup or mileage char ges, as prescribed in this
section, be applied.
Such distance rates shall be computed via the shortest highway
mileage as determined from the latest official Oklahoma Department
of Transportation state highway map, except as follows:
a. for distances or portions of distances not
specifically provided for in the governing highway
map, the actual mileage via the shortest practical
route will apply,
b. in computing distances, fractions of a mile will be
retained until the final and full mileage is
determined, at which time any remaining fraction shall
be increased to the next whole mile,
c. when, due to circumstances beyond the control of the
wrecker or towing service, roadway conditions make it
impractical to travel via the shortest route, distance
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rates shall be computed based on the shortest
practical route over which the wrecker vehicle and the
vehicle it is towing can be moved, which route shall
be noted on the bill or invoice, or
d. when the wrecker or towing service is performed upon
any turnpike or toll road, the turnpike or toll road
mileage shall be used to determine the distance rates
charged and the turnpike or toll road fees may be
added to the bill or invoice.
2. Maximum distance rates shall be as follows:
Weight of Towed Vehicle Distance Rate
(In pounds, including Towed Per
equipment and lading) Mile
Single vehicle: 8,000 or less 25 miles or less $3.00
Single vehicle: 8,000 or less Over 25 miles $2.50
Single vehicle: 8,001 to 12,000 25 miles or less $3.40
Single vehicle: 8,001 to 12,000 Over 25 miles $3.00
Single vehicle: 12,001 to 40,000 Any $5.75
Single vehicle: 40,000 or over Any $6.75
Combination of vehicles Any $6.75
E. Hourly Rates.
1. Rates in this subsection shall apply for the use of a
wrecker vehicle and shall include services of the operator of such
wrecker, except as provided in paragraph 4 of this subsection .
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Rates shall apply for all wrecker or towing services performed that
are not otherwise provided for in this section, including, but not
limited to, waiting and standby time , but shall not include the
first fifteen (15) minutes of service following the hookup of a
vehicle when a hookup fee is assessed, as provided in subsection F
of this section.
Hourly rates shall apply from the time the vehicle or labor is
assigned to the service call until the time it is released from
service either upon return to the premises of the wrecker or towing
service or upon being assigned to perform another wrecker or towing
service, whichever occurs first. Whenever a wrecker vehicle is used
to tow a vehicle subject to distance rates, as provided in
subsection D of this section, hourly rates shall apply only for the
time such wrecker is used in the performance of services other than
transportation, except when such hourly rates are used in lieu of
such distance rates. A wrecker or towing service shall maintain
sufficient documentation to establish when the hourly rate begins
and ends. The hourly rates established in this subsection shall be
modified annually based on the year -to-year percentage change of the
Bureau of Labor Statistics Consumer Price Index. The Corporation
Commission shall make the calculation for new hourly rates and
notify all wreckers and towing services eligible to perform
nonconsensual towing services of the new rates. The rate
calculation may be subject to amendment upon application before the
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Commission showing good cause that the calculation was made in
error. New rates, as calculated by the Commission, shall supersede
the hourly rates in this subsection starting on Novemb er 1, 2026.
As used in this subsection, rates stated per hour apply for
whole hours and, for fractions of an hour, rates stated per fifteen
(15) minutes apply for each fifteen (15) minutes or fraction thereof
over seven and one-half (7 1/2) minutes. Howev er, if the service
subject to an hourly rate is performed in less than two (2) hours,
the charge applicable for two (2) hours may shall be assessed,
except as provided for in subsection D of this section .
2. Maximum hourly rates for wrecker or towing serv ices
performed for passenger vehicles, when rates for such services are
not otherwise provided for by law, shall be as follows:
Weight of Towed Passenger Vehicle Rate Per Rate Per
(In pounds) Hour 15 Minutes
Single vehicle: 8,000 or less $60.00 $15.00
Single vehicle: 8,001 to 24,000 $80.00 $20.00
Single vehicle: 24,001 to 44,000 $120.00 $30.00
Single vehicle: 44,001 or over $180.00 $45.00
Combination of vehicles $180.00 $45.00
3. Maximum hourly rates for all other wrecker or towing
services, when rates f or such other services are not otherwise
provided for by law, shall be determined based upon the gross
vehicle weight rating of each wrecker vehicle used as follows:
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GVWR of Wrecker Vehicle Rate Per Rate Per
(In pounds) Hour 15 Minutes
8,000 or less $60.00 $15.00
8,001 to 24,000 $80.00 $20.00
24,001 to 44,000 $120.00 $30.00
44,001 or over $180.00 $45.00
Combination wrecker vehicle
with GVWR of 24,000 or over $180.00 $45.00
4. a. Maximum hourly rates for extra labor shall be Thirty
Dollars ($30.00) per per son per hour.
b. Maximum hourly rates for skilled or specialized labor
and/or equipment shall be the actual customary and
ordinary rates charged for such labor and/or
equipment. When skilled or specialized labor or
equipment is required, the wrecker opera tor's cost for
such skilled or specialized labor or equipment plus a
twenty-five percent (25%) gross profit markup to cover
overhead costs for such labor will be added to the
invoice or freight bill to be collected in addition to
all other applicable charg es.
F. Hookup Rates.
1. Rates in this subsection shall apply to the hookup of a
vehicle to a wrecker vehicle when such hookup is performed in
connection with a wrecker or towing service described in this
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section. Such hookup rate shall include the first fifteen (15)
minutes of such service, for which there shall be no additional fee
charged, but shall not include the use of a dolly or rollback
equipment or a combination wrecker vehicle to accomplish such
hookup, for which an additional fee may be charged as provided in
subsection G of this section. Hookup shall include, but not be
limited to, the attachment of a vehicle to or the loading of a
vehicle onto a wrecker vehicle.
2. Maximum hookup rates shall be as follows:
Weight of Vehicle Being Hooked Up
(In pounds, including equipment Rate
and lading)
Single vehicle: 8,000 or less $65.00
Single vehicle: 8,001 to 12,000 $75.00
Single vehicle: 12,001 to 24,000 $85.00
Single vehicle: 24,001 or over $95.00
Combination of vehicles $95.00
G. Additional Service Rates.
1. Rates in this subsection shall apply to the performance of
the following services:
a. the disconnection and reconnection of a towed
vehicle's drive line when necessary to prevent
mechanical damage to such vehicle,
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b. the removal and replacement of a towed vehicle's axle
when necessary to prevent mechanical damage to such
vehicle, or
c. the use of a dolly or rollback equipment when
essential to prevent mechanical damage to a towed
vehicle or when neither end of such vehicle is capable
of being towed safely while in contact with the
roadway.
2. Maximum additional service rates shall be as follows:
Weight of Towed Service Performed
Vehicle (In pounds, Disconnect Reconnect Use of Dolly
including equipment Drive Line; Drive Line; or Rollback
and lading) Remove Axle Replace Axle Equipment
Rate Per Service Performed
8,000 or less $10.00 $15.00 $25.00
8,001 to 12,000 $15.00 $20.00 $30.00
Rate Per 15 Minutes of Service Performed
12,001 or over $20.00 $20.00 Not applicable
H.
a. for vehicles weighing twenty-six thousand (26,000)
pounds or less, the rate shall be One Hundred Ninety -
nine Dollars ($199.00) for each hour of service, with
a two (2) hour minimum; and
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b. for vehicles weighing twenty -six thousand one (26,001)
pounds or more, the rate shal l be Two Hundred Ninety -
nine Dollars ($299.00) for each hour of service, with
a two-hour minimum.
D. An operator shall be required to provide reasonable
documentation to substantiate all lawful fees charged the owner,
lienholder, agent or insurer paying t he claim for the towed vehicle.
Fees for which the operator is being reimbursed or having paid to a
third party, shall include copies of the invoice or other
appropriate documents to substantiate such payment to said third
party.
I. Wrecker fees, includi ng maximum distance, hourly, and hookup
rates shall be adjusted weekly by adding a fuel surcharge as
provided in this section. The fuel surcharge shall be based on the
Department of Energy "weekly retail on-highway diesel prices " for
the "Midwest region" using Two Dollars ($2.00) per gallon as the
base price with no fees added. The wrecker fees shall be adjusted
to allow a one-percent increase in fees for every ten -cent increase
in fuel cost starting at Two Dollars and ten cents ($2.10) per
gallon.
J. E. When skilled or specialized labor or equipment is
required, the cost incurred by the wrecker operator for such skilled
or specialized labor or equipment plus an additional twenty -five
percent (25%) gross profit markup or gross profit margin shall be
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allowed to cover overhead costs for such labor and will be added to
the invoice or freight bill to be collected in addition to all other
applicable charges. This applies to labor and equipment not
regulated by the Commission.
K. F. Wrecker operators shall be allowed to obtain ownership
and insurer information, including accident reports and other public
records, from the Oklahoma Tax Commission Service Oklahoma or other
states' motor vehicle agencies or from law enforcement agencies for
the purpose of determin ing ownership and responsibility for wrecker
fees. In the event a state of origin is not known, the Department
of Public Safety and the Oklahoma Tax Commission Service Oklahoma
shall assist in providing such information. The wrecker operator is
authorized to collect lawful fees for such costs and services from
the owner, lienholder that seeks possession of a vehicle under a
security interest, agent, or insurer accepting liability for paying
the claim for a vehicle or purchasing the vehicle as a total loss
vehicle from the owner of any towed or stored vehicle.
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. 2024,
Section 953.2), is amended to read as follows:
Section 953.2. A. The rates established by order of the
Corporation Commission shall determine the maximum fees and charges
for the storage and after -hours release of nonconsensual towed
vehicles, including incorporated and unincorporated areas, by a
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wrecker or towing service licensed by the Department 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 towed vehicles and
storage which exceeds the maximum rates established by the
Commission. Such rates shall be in addition to any other rates,
fees or charges authorized, allowed or required by law, including
environmental remediation fees and services.
B. 1. Storage or a fter-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 for 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 fo rms 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
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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 paying 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 case of a total loss,
the insurer accepting liability for paying the claim for the vehicl e
or purchasing the vehicle where 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 towed
vehicle is brought onto the outdoor storage facility premises.
Rates shall apply to each calendar day of outdoor storage; p rovided,
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. The hourly rates established in this
subsection shall be modified annually based o n the year-to-year
percentage change of the Bureau of Labor Statistics Consumer Price
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Index. The Corporation Commission shall make the calculation for
new hourly rates and notify all wreckers and towing services
eligible to perform nonconsensual towing se rvices of the new rates.
The rate calculation may be subject to amendment upon application
before the Commission showing good cause that the calculation was
made in error.
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 $23.94
Single vehicle or combination of vehicles
over 20 feet in length but less than 30
feet in length $20.00 $31.92
Single vehicle or combination of vehicles
over 30 feet in length and up to 8 feet
in width $25.00 $39.90
Single vehicle or combination of vehicles
over 30 feet in length and over 8 feet
in width $35.00 $55.86
E. Indoor Storage Rates.
1. Rates in this subsec tion shall apply to the indoor storage
of a towed vehicle. Rates may be applied from the time the towed
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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 length $25.00 $39.90
Single vehicle or combination of vehicles
over 20 feet in length but less than 30
feet in length $30.00 $47.88
Single vehicle or combination of ve hicles
over 30 feet in length and up to 8 feet
in width $35.00 $55.86
Single vehicle or combination of vehicles
over 30 feet in length and over 8 feet
in width $45.00 $71.82
3. For purposes of this subsection, "indoor storage" means the
vehicle is kept in an enclosed facility.
F. After-Hours Release Rate.
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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
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 of vehicles.
G. An operator or repair facility 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.
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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 payment to the
third party.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 966, is
amended to read as follows:
Section 966. A. This act shall be known and may be cited as
the "Nonconsensual Towing Act of 2011 ".
B. The provisions of this act shall apply to every wrecker
operating within the State of Oklahoma removing and storing vehicles
from Oklahoma roads and highways or private property as a result of
a nonconsensual tow.
C. The Corporation Commission, by Commission order, shall have
the power and authority necessary:
1. To establish, supervise, and enforce wrecker rates for the
transportation and storage of motor vehicles removed due to a
nonconsensual tow from Oklahoma roads and highways or private
property;
2. To supervise and enforce such rates; and
3. To mediate and adjudicate complaints that may arise from
charges assessed as a result of such vehicle removal.
D. Rates as specified in Sections 953.1 and 953.2 of Title 47
of the Oklahoma Statutes shall remain in effec t until rates are
established by order of the Commission.
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E. Rates established by the Commission shall be fair and
reasonable.
F. The Commission may assess fines or other penalties to any
wrecker or towing service for failure to comply with prescribed
rates as established by the Commission, failure to pay a levied
assessment or comply with any applicable order of the Commission.
Repeat violations by a wrecker or towing service are cause for
revocation of its license issued by the Department of Public Saf ety.
G. The Department shall cooperate with the Commission to
implement this act and may enter into agreements to facilitate this
act.
H. The Corporation Commission shall review the rates wrecker
and tow services companies may charge for nonconsensual to ws and, if
necessary, change the rates, following notice and hearing. This
review shall begin no later than two (2) years following the
implementation of new rates resulting from the prior rate review
case. The Commission shall engage an independent expe rt witness to
evaluate the rates who shall provide recommendations to the
Commission for rate adjustment by Commission Order. Notice of such
recommendation shall be provided to the Governor, the President Pro
Tempore of the Oklahoma State Senate, and the Speaker of the
Oklahoma House of Representatives. The cost of the expert witness,
as determined by the Commission, shall be added to the assessment of
annual fees found in Section 967 of this title.
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SECTION 4. This act shall become effect ive November 1, 2025.
Passed the House of Representatives the 27th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate