| 44 | | - | calculations - documentation - hourly rates - federal |
|---|
| 45 | | - | data - Corporation Commission – notification - |
|---|
| 46 | | - | amendment - vehicle weight - weekly adjustment of |
|---|
| 47 | | - | fees - fees and charges for storage - maximum indoor |
|---|
| 48 | | - | and outdoor storage rates - Nonconsensual Towing Act |
|---|
| 49 | | - | of 2011 - rates for consensual tows - modification of |
|---|
| 50 | | - | rates - notice and hearing - expert witness - |
|---|
| 51 | | - | evaluation – recommendations - notice of |
|---|
| 52 | | - | recommendation - expert witness fees - annual fees - |
|---|
| 53 | | - | effective date ] |
|---|
| 54 | | - | |
|---|
| 39 | + | calculations - documentation - hourly rates - |
|---|
| 40 | + | federal data - Corporation Commission – |
|---|
| 41 | + | notification - amendment - vehicle weight - weekly |
|---|
| 42 | + | adjustment of fees - fees and charges for storage - |
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| 43 | + | maximum indoor and outdoor storage rates - |
|---|
| 44 | + | Nonconsensual Towing Act of 2011 - rates for |
|---|
| 45 | + | consensual tows - modification of rates - notice |
|---|
| 46 | + | and hearing - expert witness - evaluation – |
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| 47 | + | recommendations - notice of recommendation - expert |
|---|
| 48 | + | witness fees - annual fees - effective date ] |
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| 95 | 88 | | rotation log of any municipality, county or other political |
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| 96 | 89 | | subdivision of this state, and the services performed are at the |
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| 97 | 90 | | request or at the direction of any officer of the Department or of a |
|---|
| 98 | 91 | | municipality, county, or political subdivision. No wrecker or |
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| 99 | 92 | | towing service in the performance of transporting or storing |
|---|
| 100 | 93 | | vehicles or other property towed as a result of a noncon sensual tow |
|---|
| 101 | 94 | | shall charge any fee which exceeds the maximum rates established by |
|---|
| 102 | 95 | | the Commission. Such rates shall be in addition to any other rates, |
|---|
| 103 | 96 | | fees or charges authorized, allowed or required by law and costs to |
|---|
| 104 | 97 | | collect such fees. Any wrecker or towi ng service is authorized to |
|---|
| 105 | 98 | | collect from the owner, lienholder, agent or insurer accepting |
|---|
| 106 | 99 | | liability for paying the claim for a vehicle or purchasing the |
|---|
| 107 | 100 | | vehicle as a total loss vehicle from the registered owner of any |
|---|
| 108 | 101 | | towed or stored vehicle, the fee requ ired by Section 904 of this |
|---|
| 109 | 102 | | title including environmental remediation fees and services. |
|---|
| 110 | 103 | | B. When wrecker or towing services are performed as provided in |
|---|
| 111 | 104 | | subsection A of this section: |
|---|
| 112 | 105 | | 1. Each performance of a wrecker or towing service shall be |
|---|
| 113 | 106 | | recorded by the operator on a bill or invoice as prescribed by rules |
|---|
| 114 | 107 | | of the Department and by order of the Commission; |
|---|
| 146 | 138 | | 3. This section shall not be construed to require an operator |
|---|
| 147 | 139 | | to charge a fee for the performance of any wrecker or towing |
|---|
| 148 | 140 | | services; and |
|---|
| 149 | 141 | | 4. The operator is a uthorized to collect all lawful fees from |
|---|
| 150 | 142 | | the owner, lienholder or agent or insurer accepting liability for |
|---|
| 151 | 143 | | paying the claim for a vehicle or purchasing the vehicle as a total |
|---|
| 152 | 144 | | loss vehicle from the registered owner of the towed vehicle for the |
|---|
| 153 | 145 | | performance of any and all such services and costs to collect such |
|---|
| 154 | 146 | | fees. An operator shall release the vehicle from storage upon |
|---|
| 155 | 147 | | authorization from the owner, agent or lienholder of the vehicle or, |
|---|
| 156 | 148 | | in the case of a total loss, the insurer accepting liability for |
|---|
| 157 | 149 | | paying the claim for the vehicle or purchasing the vehicle where the |
|---|
| 158 | 150 | | vehicle is to be moved to an insurance pool yard for sale. |
|---|
| 159 | 151 | | C. The rates in subsections D through G of this section shall |
|---|
| 160 | 152 | | be applicable until superseded by rates established by the |
|---|
| 161 | 153 | | Commission. |
|---|
| 162 | 154 | | D. Distance rates. |
|---|
| 163 | 155 | | 1. Rates in this subsection shall apply to the distance the |
|---|
| 164 | 156 | | towed vehicle is transported and shall include services of the |
|---|
| 165 | 157 | | operator of the wrecker vehicle. Hourly rates, as provided in |
|---|
| 197 | 188 | | wrecker or towing service or upon being assigned to perform another |
|---|
| 198 | 189 | | wrecker or towing service, whichever occurs first. When the hourly |
|---|
| 199 | 190 | | rate is applied in lieu of distance towing rates, the operator may |
|---|
| 200 | 191 | | not apply the two-hour minimum prescribed in subsection E of this |
|---|
| 201 | 192 | | section nor may hookup or mileage char ges, as prescribed in this |
|---|
| 202 | 193 | | section, be applied. |
|---|
| 203 | 194 | | Such distance rates shall be computed via the shortest highway |
|---|
| 204 | 195 | | mileage as determined from the latest official Oklahoma Department |
|---|
| 205 | 196 | | of Transportation state highway map, except as follows: |
|---|
| 206 | 197 | | a. for distances or portions of distances not |
|---|
| 207 | 198 | | specifically provided for in the governing highway |
|---|
| 208 | 199 | | map, the actual mileage via the shortest practical |
|---|
| 209 | 200 | | route will apply, |
|---|
| 210 | 201 | | b. in computing distances, fractions of a mile will be |
|---|
| 211 | 202 | | retained until the final and full mileage is |
|---|
| 212 | 203 | | determined, at which time any remaining fraction shall |
|---|
| 213 | 204 | | be increased to the next whole mile, |
|---|
| 214 | 205 | | c. when, due to circumstances beyond the control of the |
|---|
| 215 | 206 | | wrecker or towing service, roadway conditions make it |
|---|
| 216 | 207 | | impractical to travel via the shortest route, distance |
|---|
| 248 | 238 | | d. when the wrecker or towing service is performed upon |
|---|
| 249 | 239 | | any turnpike or toll road, the turnpike or toll road |
|---|
| 250 | 240 | | mileage shall be used to determine the distance rates |
|---|
| 251 | 241 | | charged and the turnpike or toll road fees may be |
|---|
| 252 | 242 | | added to the bill or invoice. |
|---|
| 253 | 243 | | 2. Maximum distance rates shall be as follows: |
|---|
| 254 | 244 | | Weight of Towed Vehicle Distance Rate |
|---|
| 255 | 245 | | (In pounds, including Towed Per |
|---|
| 256 | 246 | | equipment and lading) Mile |
|---|
| 257 | 247 | | Single vehicle: 8,000 or less 25 miles or less $3.00 |
|---|
| 258 | 248 | | Single vehicle: 8,000 or less Over 25 miles $2.50 |
|---|
| 259 | 249 | | Single vehicle: 8,001 to 12,000 25 miles or less $3.40 |
|---|
| 260 | 250 | | Single vehicle: 8,001 to 12,000 Over 25 miles $3.00 |
|---|
| 261 | 251 | | Single vehicle: 12,001 to 40,000 Any $5.75 |
|---|
| 262 | 252 | | Single vehicle: 40,000 or over Any $6.75 |
|---|
| 263 | 253 | | Combination of vehicles Any $6.75 |
|---|
| 264 | 254 | | E. Hourly Rates. |
|---|
| 265 | 255 | | 1. Rates in this subsection shall apply for the use of a |
|---|
| 266 | 256 | | wrecker vehicle and shall include services of the operator of such |
|---|
| 267 | 257 | | wrecker, except as provided in paragraph 4 of this subsection . |
|---|
| 299 | 288 | | vehicle when a hookup fee is assessed, as provided in subsection F |
|---|
| 300 | 289 | | of this section. |
|---|
| 301 | 290 | | Hourly rates shall apply from the time the vehicle or labor is |
|---|
| 302 | 291 | | assigned to the service call until the time it is released from |
|---|
| 303 | 292 | | service either upon return to the premises of the wrecker or towing |
|---|
| 304 | 293 | | service or upon being assigned to perform another wrecker or towing |
|---|
| 305 | 294 | | service, whichever occurs first. Whenever a wrecker vehicle is used |
|---|
| 306 | 295 | | to tow a vehicle subject to distance rates, as provided in |
|---|
| 307 | 296 | | subsection D of this section, hourly rates shall apply only for the |
|---|
| 308 | 297 | | time such wrecker is used in the performance of services other than |
|---|
| 309 | 298 | | transportation, except when such hourly rates are used in lieu of |
|---|
| 310 | 299 | | such distance rates. A wrecker or towing service shall maintain |
|---|
| 311 | 300 | | sufficient documentation to establish when the hourly rate begins |
|---|
| 312 | 301 | | and ends. The hourly rates established in this subsection shall be |
|---|
| 313 | 302 | | modified annually based on the year -to-year percentage change of the |
|---|
| 314 | 303 | | Bureau of Labor Statistics Consumer Price Index. The Corporation |
|---|
| 315 | 304 | | Commission shall make the calculation for new hourly rates and |
|---|
| 316 | 305 | | notify all wreckers and towing services eligible to perform |
|---|
| 317 | 306 | | nonconsensual towing services of the new rates. The rate |
|---|
| 318 | 307 | | calculation may be subject to amendment upon application before the |
|---|
| 349 | 337 | | As used in this subsection, rates stated per hour apply for |
|---|
| 350 | 338 | | whole hours and, for fractions of an hour, rates stated per fifteen |
|---|
| 351 | 339 | | (15) minutes apply for each fifteen (15) minutes or fraction thereof |
|---|
| 352 | 340 | | over seven and one-half (7 1/2) minutes. Howev er, if the service |
|---|
| 353 | 341 | | subject to an hourly rate is performed in less than two (2) hours, |
|---|
| 354 | 342 | | the charge applicable for two (2) hours may shall be assessed, |
|---|
| 355 | 343 | | except as provided for in subsection D of this section . |
|---|
| 356 | 344 | | 2. Maximum hourly rates for wrecker or towing serv ices |
|---|
| 357 | 345 | | performed for passenger vehicles, when rates for such services are |
|---|
| 358 | 346 | | not otherwise provided for by law, shall be as follows: |
|---|
| 359 | 347 | | Weight of Towed Passenger Vehicle Rate Per Rate Per |
|---|
| 360 | 348 | | (In pounds) Hour 15 Minutes |
|---|
| 361 | 349 | | Single vehicle: 8,000 or less $60.00 $15.00 |
|---|
| 362 | 350 | | Single vehicle: 8,001 to 24,000 $80.00 $20.00 |
|---|
| 363 | 351 | | Single vehicle: 24,001 to 44,000 $120.00 $30.00 |
|---|
| 364 | 352 | | Single vehicle: 44,001 or over $180.00 $45.00 |
|---|
| 365 | 353 | | Combination of vehicles $180.00 $45.00 |
|---|
| 366 | 354 | | 3. Maximum hourly rates for all other wrecker or towing |
|---|
| 367 | 355 | | services, when rates f or such other services are not otherwise |
|---|
| 368 | 356 | | provided for by law, shall be determined based upon the gross |
|---|
| 369 | 357 | | vehicle weight rating of each wrecker vehicle used as follows: |
|---|
| 400 | 387 | | 8,001 to 24,000 $80.00 $20.00 |
|---|
| 401 | 388 | | 24,001 to 44,000 $120.00 $30.00 |
|---|
| 402 | 389 | | 44,001 or over $180.00 $45.00 |
|---|
| 403 | 390 | | Combination wrecker vehicle |
|---|
| 404 | 391 | | with GVWR of 24,000 or over $180.00 $45.00 |
|---|
| 405 | 392 | | 4. a. Maximum hourly rates for extra labor shall be Thirty |
|---|
| 406 | 393 | | Dollars ($30.00) per per son per hour. |
|---|
| 407 | 394 | | b. Maximum hourly rates for skilled or specialized labor |
|---|
| 408 | 395 | | and/or equipment shall be the actual customary and |
|---|
| 409 | 396 | | ordinary rates charged for such labor and/or |
|---|
| 410 | 397 | | equipment. When skilled or specialized labor or |
|---|
| 411 | 398 | | equipment is required, the wrecker opera tor's cost for |
|---|
| 412 | 399 | | such skilled or specialized labor or equipment plus a |
|---|
| 413 | 400 | | twenty-five percent (25%) gross profit markup to cover |
|---|
| 414 | 401 | | overhead costs for such labor will be added to the |
|---|
| 415 | 402 | | invoice or freight bill to be collected in addition to |
|---|
| 416 | 403 | | all other applicable charg es. |
|---|
| 417 | 404 | | F. Hookup Rates. |
|---|
| 418 | 405 | | 1. Rates in this subsection shall apply to the hookup of a |
|---|
| 419 | 406 | | vehicle to a wrecker vehicle when such hookup is performed in |
|---|
| 420 | 407 | | connection with a wrecker or towing service described in this |
|---|
| 451 | 437 | | equipment or a combination wrecker vehicle to accomplish such |
|---|
| 452 | 438 | | hookup, for which an additional fee may be charged as provided in |
|---|
| 453 | 439 | | subsection G of this section. Hookup shall include, but not be |
|---|
| 454 | 440 | | limited to, the attachment of a vehicle to or the loading of a |
|---|
| 455 | 441 | | vehicle onto a wrecker vehicle. |
|---|
| 456 | 442 | | 2. Maximum hookup rates shall be as follows: |
|---|
| 457 | 443 | | Weight of Vehicle Being Hooked Up |
|---|
| 458 | 444 | | (In pounds, including equipment Rate |
|---|
| 459 | 445 | | and lading) |
|---|
| 460 | 446 | | Single vehicle: 8,000 or less $65.00 |
|---|
| 461 | 447 | | Single vehicle: 8,001 to 12,000 $75.00 |
|---|
| 462 | 448 | | Single vehicle: 12,001 to 24,000 $85.00 |
|---|
| 463 | 449 | | Single vehicle: 24,001 or over $95.00 |
|---|
| 464 | 450 | | Combination of vehicles $95.00 |
|---|
| 465 | 451 | | G. Additional Service Rates. |
|---|
| 466 | 452 | | 1. Rates in this subsection shall apply to the performance of |
|---|
| 467 | 453 | | the following services: |
|---|
| 468 | 454 | | a. the disconnection and reconnection of a towed |
|---|
| 469 | 455 | | vehicle's drive line when necessary to prevent |
|---|
| 470 | 456 | | mechanical damage to such vehicle, |
|---|
| 501 | 486 | | c. the use of a dolly or rollback equipment when |
|---|
| 502 | 487 | | essential to prevent mechanical damage to a towed |
|---|
| 503 | 488 | | vehicle or when neither end of such vehicle is capable |
|---|
| 504 | 489 | | of being towed safely while in contact with the |
|---|
| 505 | 490 | | roadway. |
|---|
| 506 | 491 | | 2. Maximum additional service rates shall be as follows: |
|---|
| 507 | 492 | | Weight of Towed Service Performed |
|---|
| 508 | 493 | | Vehicle (In pounds, Disconnect Reconnect Use of Dolly |
|---|
| 509 | 494 | | including equipment Drive Line; Drive Line; or Rollback |
|---|
| 510 | 495 | | and lading) Remove Axle Replace Axle Equipment |
|---|
| 511 | 496 | | Rate Per Service Performed |
|---|
| 512 | 497 | | 8,000 or less $10.00 $15.00 $25.00 |
|---|
| 513 | 498 | | 8,001 to 12,000 $15.00 $20.00 $30.00 |
|---|
| 514 | 499 | | Rate Per 15 Minutes of Service Performed |
|---|
| 515 | 500 | | 12,001 or over $20.00 $20.00 Not applicable |
|---|
| 516 | 501 | | H. |
|---|
| 517 | 502 | | a. for vehicles weighing twenty-six thousand (26,000) |
|---|
| 518 | 503 | | pounds or less, the rate shall be One Hundred Ninety - |
|---|
| 519 | 504 | | nine Dollars ($199.00) for each hour of service, with |
|---|
| 520 | 505 | | a two (2) hour minimum; and |
|---|
| 552 | 536 | | D. An operator shall be required to provide reasonable |
|---|
| 553 | 537 | | documentation to substantiate all lawful fees charged the owner, |
|---|
| 554 | 538 | | lienholder, agent or insurer paying t he claim for the towed vehicle. |
|---|
| 555 | 539 | | Fees for which the operator is being reimbursed or having paid to a |
|---|
| 556 | 540 | | third party, shall include copies of the invoice or other |
|---|
| 557 | 541 | | appropriate documents to substantiate such payment to said third |
|---|
| 558 | 542 | | party. |
|---|
| 559 | 543 | | I. Wrecker fees, includi ng maximum distance, hourly, and hookup |
|---|
| 560 | 544 | | rates shall be adjusted weekly by adding a fuel surcharge as |
|---|
| 561 | 545 | | provided in this section. The fuel surcharge shall be based on the |
|---|
| 562 | 546 | | Department of Energy "weekly retail on-highway diesel prices " for |
|---|
| 563 | 547 | | the "Midwest region" using Two Dollars ($2.00) per gallon as the |
|---|
| 564 | 548 | | base price with no fees added. The wrecker fees shall be adjusted |
|---|
| 565 | 549 | | to allow a one-percent increase in fees for every ten -cent increase |
|---|
| 566 | 550 | | in fuel cost starting at Two Dollars and ten cents ($2.10) per |
|---|
| 567 | 551 | | gallon. |
|---|
| 568 | 552 | | J. E. When skilled or specialized labor or equipment is |
|---|
| 569 | 553 | | required, the cost incurred by the wrecker operator for such skilled |
|---|
| 570 | 554 | | or specialized labor or equipment plus an additional twenty -five |
|---|
| 571 | 555 | | percent (25%) gross profit markup or gross profit margin shall be |
|---|
| 603 | 586 | | K. F. Wrecker operators shall be allowed to obtain ownership |
|---|
| 604 | 587 | | and insurer information, including accident reports and other public |
|---|
| 605 | 588 | | records, from the Oklahoma Tax Commission Service Oklahoma or other |
|---|
| 606 | 589 | | states' motor vehicle agencies or from law enforcement agencies for |
|---|
| 607 | 590 | | the purpose of determin ing ownership and responsibility for wrecker |
|---|
| 608 | 591 | | fees. In the event a state of origin is not known, the Department |
|---|
| 609 | 592 | | of Public Safety and the Oklahoma Tax Commission Service Oklahoma |
|---|
| 610 | 593 | | shall assist in providing such information. The wrecker operator is |
|---|
| 611 | 594 | | authorized to collect lawful fees for such costs and services from |
|---|
| 612 | 595 | | the owner, lienholder that seeks possession of a vehicle under a |
|---|
| 613 | 596 | | security interest, agent, or insurer accepting liability for paying |
|---|
| 614 | 597 | | the claim for a vehicle or purchasing the vehicle as a total loss |
|---|
| 615 | 598 | | vehicle from the owner of any towed or stored vehicle. |
|---|
| 616 | 599 | | SECTION 2. AMENDATORY 47 O.S. 2021, Section 953.2, as |
|---|
| 617 | 600 | | amended by Section 1, Chapter 316, O.S.L. 2023 (47 O.S. Supp. 2024, |
|---|
| 618 | 601 | | Section 953.2), is amended to read as follows: |
|---|
| 619 | 602 | | Section 953.2. A. The rates established by order of the |
|---|
| 620 | 603 | | Corporation Commission shall determine the maximum fees and charges |
|---|
| 621 | 604 | | for the storage and after -hours release of nonconsensual towed |
|---|
| 622 | 605 | | vehicles, including incorporated and unincorporated areas, by a |
|---|
| 654 | 636 | | storage which exceeds the maximum rates established by the |
|---|
| 655 | 637 | | Commission. Such rates shall be in addition to any other rates, |
|---|
| 656 | 638 | | fees or charges authorized, allowed or required by law, including |
|---|
| 657 | 639 | | environmental remediation fees and services. |
|---|
| 658 | 640 | | B. 1. Storage or a fter-hours release of a towed vehicle, or |
|---|
| 659 | 641 | | both, provided by a wrecker or towing service or by a repair |
|---|
| 660 | 642 | | facility shall be recorded by the operator on a bill or invoice as |
|---|
| 661 | 643 | | prescribed by rules of the Department. |
|---|
| 662 | 644 | | 2. Nothing herein shall limit the right of an operator or |
|---|
| 663 | 645 | | repair facility who has provided or caused to be provided storage or |
|---|
| 664 | 646 | | after-hours release of a towed vehicle, or both, to require |
|---|
| 665 | 647 | | prepayment, in part or in full, or guarantee of payment of any |
|---|
| 666 | 648 | | charges incurred for providing such services. |
|---|
| 667 | 649 | | 3. This section shall not be construed to require an operator |
|---|
| 668 | 650 | | or repair facility to charge a fee for the storage or after -hours |
|---|
| 669 | 651 | | release, or both, of any towed vehicle. |
|---|
| 670 | 652 | | 4. The operator or repair facility is authorized to collect all |
|---|
| 671 | 653 | | lawful fees in acceptable fo rms of payment such as through check, |
|---|
| 672 | 654 | | credit card, automated clearing house transfer, or debit card from |
|---|
| 673 | 655 | | the owner, lienholder or agent of the towed vehicle or insurer |
|---|
| 705 | 686 | | the owner, lien holder, agent of the towed vehicle, or insurer |
|---|
| 706 | 687 | | accepting liability for paying the claim for a vehicle and shall |
|---|
| 707 | 688 | | release the vehicle from storage upon authorization from the owner, |
|---|
| 708 | 689 | | agent or lienholder of the vehicle or in the case of a total loss, |
|---|
| 709 | 690 | | the insurer accepting liability for paying the claim for the vehicl e |
|---|
| 710 | 691 | | or purchasing the vehicle where the vehicle is to be moved to an |
|---|
| 711 | 692 | | insurance pool yard for sale. |
|---|
| 712 | 693 | | C. The rates in subsections D through F of this section shall |
|---|
| 713 | 694 | | be applicable until superseded by rates established by the |
|---|
| 714 | 695 | | Commission. |
|---|
| 715 | 696 | | D. Outdoor Storage Rates . |
|---|
| 716 | 697 | | 1. Rates in this subsection shall apply to the outdoor storage |
|---|
| 717 | 698 | | of a towed vehicle. Rates may be applied from the time the towed |
|---|
| 718 | 699 | | vehicle is brought onto the outdoor storage facility premises. |
|---|
| 719 | 700 | | Rates shall apply to each calendar day of outdoor storage; p rovided, |
|---|
| 720 | 701 | | the maximum twenty-four-hour fee, as provided for in this section, |
|---|
| 721 | 702 | | may be charged for any towed vehicle which is stored for a portion |
|---|
| 722 | 703 | | of a twenty-four-hour period. The hourly rates established in this |
|---|
| 723 | 704 | | subsection shall be modified annually based o n the year-to-year |
|---|
| 724 | 705 | | percentage change of the Bureau of Labor Statistics Consumer Price |
|---|
| 756 | 736 | | before the Commission showing good cause that the calculation was |
|---|
| 757 | 737 | | made in error. |
|---|
| 758 | 738 | | 2. Maximum outdoor storage rates shall be as follows: |
|---|
| 759 | 739 | | Rate per Each |
|---|
| 760 | 740 | | 24-hour Period or |
|---|
| 761 | 741 | | Type of Towed Vehicle Portion Thereof |
|---|
| 762 | 742 | | Single vehicle: motorcycle, automobile, |
|---|
| 763 | 743 | | or light truck up to 20 feet in length $15.00 $23.94 |
|---|
| 764 | 744 | | Single vehicle or combination of vehicles |
|---|
| 765 | 745 | | over 20 feet in length but less than 30 |
|---|
| 766 | 746 | | feet in length $20.00 $31.92 |
|---|
| 767 | 747 | | Single vehicle or combination of vehicles |
|---|
| 768 | 748 | | over 30 feet in length and up to 8 feet |
|---|
| 769 | 749 | | in width $25.00 $39.90 |
|---|
| 770 | 750 | | Single vehicle or combination of vehicles |
|---|
| 771 | 751 | | over 30 feet in length and over 8 feet |
|---|
| 772 | 752 | | in width $35.00 $55.86 |
|---|
| 773 | 753 | | E. Indoor Storage Rates. |
|---|
| 774 | 754 | | 1. Rates in this subsec tion shall apply to the indoor storage |
|---|
| 775 | 755 | | of a towed vehicle. Rates may be applied from the time the towed |
|---|
| 806 | 785 | | be charged for any towed vehicle which is stored for a portion of a |
|---|
| 807 | 786 | | twenty-four-hour period. |
|---|
| 808 | 787 | | 2. Maximum indoor storage rates shall be as follows: |
|---|
| 809 | 788 | | Rate per Each |
|---|
| 810 | 789 | | 24-hour Period or |
|---|
| 811 | 790 | | Type of Towed Vehicle Portion Thereof |
|---|
| 812 | 791 | | Single vehicle: motorcycle, automobile, |
|---|
| 813 | 792 | | or light truck up to 20 feet in length $25.00 $39.90 |
|---|
| 814 | 793 | | Single vehicle or combination of vehicles |
|---|
| 815 | 794 | | over 20 feet in length but less than 30 |
|---|
| 816 | 795 | | feet in length $30.00 $47.88 |
|---|
| 817 | 796 | | Single vehicle or combination of ve hicles |
|---|
| 818 | 797 | | over 30 feet in length and up to 8 feet |
|---|
| 819 | 798 | | in width $35.00 $55.86 |
|---|
| 820 | 799 | | Single vehicle or combination of vehicles |
|---|
| 821 | 800 | | over 30 feet in length and over 8 feet |
|---|
| 822 | 801 | | in width $45.00 $71.82 |
|---|
| 823 | 802 | | 3. For purposes of this subsection, "indoor storage" means the |
|---|
| 824 | 803 | | vehicle is kept in an enclosed facility. |
|---|
| 825 | 804 | | F. After-Hours Release Rate. |
|---|
| 857 | 835 | | a. "after-hours release rate" shall mean the rate charged |
|---|
| 858 | 836 | | for the release of a towed vehicle between the hours |
|---|
| 859 | 837 | | of midnight and 8:00 a.m., or between the hours of |
|---|
| 860 | 838 | | 4:00 p.m. and midnight Monday through Friday, or any |
|---|
| 861 | 839 | | time on Saturday, Sunday or a national holiday, and |
|---|
| 862 | 840 | | b. "national holiday" shall mean New Year's Day, Martin |
|---|
| 863 | 841 | | Luther King Day, George Washington 's Birthday, on the |
|---|
| 864 | 842 | | third Monday in February, Memorial Day, Independence |
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| 865 | 843 | | Day, Labor Day, Veterans Day, Thanksgiving Day and |
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| 866 | 844 | | Christmas Day, and shall further include the Friday |
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| 867 | 845 | | before such national holiday which falls on a Saturday |
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| 868 | 846 | | and the Monday following such national holiday which |
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| 869 | 847 | | falls on a Sunday. |
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| 870 | 848 | | 3. The maximum after -hours release rate shall be Fifteen |
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| 871 | 849 | | Dollars ($15.00) per quarter hour for the release of any single |
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| 872 | 850 | | vehicle or combination of vehicles. |
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| 873 | 851 | | G. An operator or repair facility shall be required to provide |
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| 874 | 852 | | reasonable documentation to substantiate all lawful fees charged the |
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| 875 | 853 | | owner, lienholder, agent or insurer accepting liability for paying |
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| 876 | 854 | | the claim for the towed vehicle or purchasing the towed vehicle. |
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| 908 | 885 | | SECTION 3. AMENDATORY 47 O.S. 2021, Section 966, is |
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| 909 | 886 | | amended to read as follows: |
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| 910 | 887 | | Section 966. A. This act shall be known and may be cited as |
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| 911 | 888 | | the "Nonconsensual Towing Act of 2011 ". |
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| 912 | 889 | | B. The provisions of this act shall apply to every wrecker |
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| 913 | 890 | | operating within the State of Oklahoma removing and storing vehicles |
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| 914 | 891 | | from Oklahoma roads and highways or private property as a result of |
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| 915 | 892 | | a nonconsensual tow. |
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| 916 | 893 | | C. The Corporation Commission, by Commission order, shall have |
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| 917 | 894 | | the power and authority necessary: |
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| 918 | 895 | | 1. To establish, supervise, and enforce wrecker rates for the |
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| 919 | 896 | | transportation and storage of motor vehicles removed due to a |
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| 920 | 897 | | nonconsensual tow from Oklahoma roads and highways or private |
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| 921 | 898 | | property; |
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| 922 | 899 | | 2. To supervise and enforce such rates; and |
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| 923 | 900 | | 3. To mediate and adjudicate complaints that may arise from |
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| 924 | 901 | | charges assessed as a result of such vehicle removal. |
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| 925 | 902 | | D. Rates as specified in Sections 953.1 and 953.2 of Title 47 |
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| 926 | 903 | | of the Oklahoma Statutes shall remain in effec t until rates are |
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| 927 | 904 | | established by order of the Commission. |
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| 959 | 935 | | rates as established by the Commission, failure to pay a levied |
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| 960 | 936 | | assessment or comply with any applicable order of the Commission. |
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| 961 | 937 | | Repeat violations by a wrecker or towing service are cause for |
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| 962 | 938 | | revocation of its license issued by the Department of Public Saf ety. |
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| 963 | 939 | | G. The Department shall cooperate with the Commission to |
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| 964 | 940 | | implement this act and may enter into agreements to facilitate this |
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| 965 | 941 | | act. |
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| 966 | 942 | | H. The Corporation Commission shall review the rates wrecker |
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| 967 | 943 | | and tow services companies may charge for nonconsensual to ws and, if |
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| 968 | 944 | | necessary, change the rates, following notice and hearing. This |
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| 969 | 945 | | review shall begin no later than two (2) years following the |
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| 970 | 946 | | implementation of new rates resulting from the prior rate review |
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| 971 | 947 | | case. The Commission shall engage an independent expe rt witness to |
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| 972 | 948 | | evaluate the rates who shall provide recommendations to the |
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| 973 | 949 | | Commission for rate adjustment by Commission Order. Notice of such |
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| 974 | 950 | | recommendation shall be provided to the Governor, the President Pro |
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| 975 | 951 | | Tempore of the Oklahoma State Senate, and the Speaker of the |
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| 976 | 952 | | Oklahoma House of Representatives. The cost of the expert witness, |
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| 977 | 953 | | as determined by the Commission, shall be added to the assessment of |
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| 978 | 954 | | annual fees found in Section 967 of this title. |
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