1 STATE OF OKLAHOMA
1
2 2nd Session of the 59th Legislature (2024)
2
3 HOUSE BILL 3087 By: Hays
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to motor vehicles; amending 47 O.S.
7 2021, Section 952, which relates to rulemaking
8 authority; modifying source establishing certain
8 rates; amending 47 O.S. 2021, Section 953.1, which
9 relates to maximum fees and charges; removing various
9 rates and fees; removing requirement to provide
10 certain documentation; removing certain weekly rate
10 and fee adjustment requirement; removing certain fee
11 mark-up allowance; requiring wreckers provide certain
11 list; requiring certain letterhead for list;
12 requiring certain updates; disallowing exceedance of
12 certain prices; listing price requirements of list;
13 disallowing the use of certain equipment and
13 personnel; requiring certain fees be reasonable;
14 disallowing certain deviation; authorizing collection
14 of certain charges; requiring certain investigation
15 for complaints; authorizing certain removal from
15 rotation log; requiring maintenance of price list;
16 requiring review of price list after opening
16 complaint; authorizing certain review; requiring
17 certain validity determination; requiring return of
17 certain amount of collected monies; requiring
18 bringing of charges after certain complaints are
18 made; requiring certain appeal process; describing
19 appeal process; amending 47 O.S. 2021, Section 953.2,
19 as amended by Section 1, Chapter 316, O.S.L. 2023 (47
20 O.S. Supp. 2023, Section 953.2), which relates to
20 fees charged for storage and release; modifying
21 source establishing certain rates; removing certain
21 set rates; amending 47 O.S. 2021, Section 954A, which
22 relates to abandoned motor vehicles; modifying source
22 establishing certain rates; amending 47 O.S. 2021,
23 Section 955, as amended by Section 12, Chapter 228,
23 O.S.L. 2022 (47 O.S. Supp. 2023, Section 955), which
24 relates to towing vehicle from roadway; modifying
24
Req. No. 9316 Page 1
 1 source establishing certain rates; amending 47 O.S.
1 2021, Section 966, which relates to the Nonconsensual
2 Towing Act of 2011; modifying certain powers and
2 authority of the Corporation Commission; modifying
3 source establishing certain rates; and providing an
3 effective date.
4
4
5
5
6 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
6
7 SECTION 1. AMENDATORY 47 O.S. 2021, Section 952, is
7
8 amended to read as follows:
8
9 Section 952. A. Except for the rates established by the
9
10 Corporation Commission and other provisions as provided for by law
10
11 Nonconsensual Towing Act of 2011, the Department of Public Safety
11
12 shall have the power and authority necessary to license, supervise,
12
13 govern and control wrecker vehicles and wrecker or towing services.
13
14 B. The Department of Public Safety shall adopt and prescribe
14
15 such rules as are necessary to carry out the intent of Section 951
15
16 et seq. of this title.
16
17 The rules shall state the requirements for facilities, for
17
18 storage of vehicles, necessary towing equipment, the records to be
18
19 kept by operators, liability insurance and insurance covering the
19
20 vehicle and its contents while in storage in such sum and with such
20
21 provisions as the Department deems necessary to adequately protect
21
22 the interests of the public, and such other matters as the
22
23 Department may prescribe for the protection of the public.
23
24
24
Req. No. 9316 Page 2
 1 C. Unless otherwise regulated by the governing body of the
1
2 political subdivision, the wrecker vehicle used to perform wrecker
2
3 or towing services requested by a political subdivision of this
3
4 state for removal of a vehicle from public property for reasons
4
5 listed in Section 955 of this title shall be from the licensed
5
6 wrecker or towing service whose location is nearest to the vehicle
6
7 to be towed. Requests for service may be alternated or rotated
7
8 among all such licensed wrecker or towing services which are located
8
9 within a reasonable radius of each other. In cities of less than
9
10 fifty thousand (50,000) population, all such licensed wrecker or
10
11 towing services located near or in the city limits of such cities
11
12 shall be considered as being equal distance and shall be called on
12
13 an equal basis as nearly as possible. The police chief of any
13
14 municipality and the county sheriff of each county shall keep
14
15 rotation logs on all requested tows, except where there are
15
16 insufficient licensed wrecker or towing services available to rotate
16
17 such services or services are contracted after a competitive bid
17
18 process. Rotation logs shall be made available for public
18
19 inspection upon request. Any calls made from cell phones or two-way
19
20 radios by any law enforcement officer or employee of any
20
21 municipality or county to any wrecker service shall be listed on the
21
22 rotation or call logs and made available for public inspection. A
22
23 wrecker service shall not be removed from rotation without
23
24 notification to the wrecker operator stating the reason for removal
24
Req. No. 9316 Page 3
 1 from the rotation log. All notification for removal from a rotation
1
2 log shall be mailed to the wrecker service owner at least ten (10)
2
3 days before removal from the rotation log and shall state the
3
4 procedure and requirements for reinstatement.
4
5 D. Except as otherwise provided in this subsection, the
5
6 Department and any municipality, county or other political
6
7 subdivision of this state shall not place any wrecker or towing
7
8 service upon an official rotation log for the performance of
8
9 services carried out pursuant to the request of or at the direction
9
10 of any officer of the Department or municipality, county or
10
11 political subdivision unless the service meets the following
11
12 requirements:
12
13 1. Principal business facilities are located within Oklahoma;
13
14 2. Tow trucks are registered and licensed in Oklahoma; and
14
15 3. Owner is a resident of the State of Oklahoma or the service
15
16 is an Oklahoma corporation.
16
17 In the event a licensed wrecker or towing service is not located
17
18 within a county, a wrecker or towing service that is located outside
18
19 of the county or this state and does not meet the above
19
20 qualifications may be placed on the rotation log for the county or
20
21 any municipality or political subdivision located within the county.
21
22 When performing services at the request of any officer, no
22
23 operator or wrecker or towing service upon the rotation logs shall
23
24 charge fees in excess of the maximum rates for services performed
24
Req. No. 9316 Page 4
 1 within this state, including incorporated and unincorporated areas,
1
2 as established by the Commission Nonconsensual Towing Act of 2011.
2
3 E. The Department shall place a licensed Class AA wrecker
3
4 service on the Highway Patrol Rotation Log in a highway patrol troop
4
5 district in which the place of business and the primary storage
5
6 facility of the wrecker service are located upon written request
6
7 filed by the wrecker service with the Department. Upon further
7
8 request of the wrecker service, the Commissioner of Public Safety or
8
9 the Department employee with statewide responsibility for
9
10 administration of wrecker services may place a wrecker service on
10
11 the Highway Patrol Rotation Log in a district adjacent to the
11
12 district in which the place of business and the primary storage
12
13 facility of the wrecker service are located if the wrecker service
13
14 is in proximity to and within a reasonable radius of the boundary of
14
15 the district. When a wrecker service is placed on the rotation log
15
16 in a district, the Department shall notify the wrecker service and
16
17 the troop commander of the district.
17
18 F. The Commissioner of Public Safety or the Department employee
18
19 with statewide responsibility for administration of wrecker services
19
20 shall be responsible for establishing geographical areas of rotation
20
21 within the troop districts and for notifying each wrecker service of
21
22 the geographical areas of rotation to which the service is assigned.
22
23 G. The Department shall make all rotation logs available for
23
24 public inspection at the state office and shall make rotation logs
24
Req. No. 9316 Page 5
 1 for a highway patrol troop district available for public inspection
1
2 at the district office.
2
3 SECTION 2. AMENDATORY 47 O.S. 2021, Section 953.1, is
3
4 amended to read as follows:
4
5 Section 953.1 A. The rates established by the Corporation
5
6 Commission Nonconsensual Towing Act of 2011 shall determine the
6
7 nonconsensual tow maximum fees and charges for wrecker or towing
7
8 services performed in this state, including incorporated and
8
9 unincorporated areas, by a wrecker or towing service licensed by the
9
10 Department of Public Safety when that service appears on the
10
11 rotation log of the Department or on the rotation log of any
11
12 municipality, county or other political subdivision of this state,
12
13 and the services performed are at the request or at the direction of
13
14 any officer of the Department or of a municipality, county, or
14
15 political subdivision. No wrecker or towing service in the
15
16 performance of transporting or storing vehicles or other property
16
17 towed as a result of a nonconsensual tow shall charge any fee which
17
18 exceeds the maximum rates established by the Commission this act.
18
19 Such rates shall be in addition to any other rates, fees or charges
19
20 authorized, allowed or required by law and costs to collect such
20
21 fees. Any wrecker or towing service is authorized to collect from
21
22 the owner, lienholder, agent or insurer accepting liability for
22
23 paying the claim for a vehicle or purchasing the vehicle as a total
23
24 loss vehicle from the registered owner of any towed or stored
24
Req. No. 9316 Page 6
 1 vehicle, the fee required by Section 904 of this title including
1
2 environmental remediation fees and services.
2
3 B. When wrecker or towing services are performed as provided in
3
4 subsection A of this section:
4
5 1. Each performance of a wrecker or towing service shall be
5
6 recorded by the operator on a bill or invoice as prescribed by rules
6
7 of the Department and by order of the Commission;
7
8 2. Nothing herein shall limit the right of an operator who has
8
9 provided or caused to be provided wrecker or towing services to
9
10 require prepayment, in part or in full, or guarantee of payment of
10
11 any charges incurred for providing such services;
11
12 3. This section shall not be construed to require an operator
12
13 to charge a fee for the performance of any wrecker or towing
13
14 services; and
14
15 4. The operator is authorized to collect all lawful fees from
15
16 the owner, lienholder or agent or insurer accepting liability for
16
17 paying the claim for a vehicle or purchasing the vehicle as a total
17
18 loss vehicle from the registered owner of the towed vehicle for the
18
19 performance of any and all such services and costs to collect such
19
20 fees. An operator shall release the vehicle from storage upon
20
21 authorization from the owner, agent or lienholder of the vehicle or,
21
22 in the case of a total loss, the insurer accepting liability for
22
23 paying the claim for the vehicle or purchasing the vehicle where the
23
24 vehicle is to be moved to an insurance pool yard for sale.
24
Req. No. 9316 Page 7
 1 C. The rates in subsections D through G of this section shall
1
2 be applicable until superseded by rates established by the
2
3 Commission.
3
4 D. Distance rates.
4
5 1. Rates in this subsection shall apply to the distance the
5
6 towed vehicle is transported and shall include services of the
6
7 operator of the wrecker vehicle. Hourly rates, as provided in
7
8 subsection E of this section, may be applied in lieu of distance
8
9 rates. Hourly rates may be applied from the time the wrecker
9
10 vehicle is assigned to the service call until the time it is
10
11 released from service either upon return to the premises of the
11
12 wrecker or towing service or upon being assigned to perform another
12
13 wrecker or towing service, whichever occurs first. When the hourly
13
14 rate is applied in lieu of distance towing rates, the operator may
14
15 not apply the two-hour minimum prescribed in subsection E of this
15
16 section nor may hookup or mileage charges, as prescribed in this
16
17 section, be applied.
17
18 Such distance rates shall be computed via the shortest highway
18
19 mileage as determined from the latest official Oklahoma Department
19
20 of Transportation state highway map, except as follows:
20
21 a. for distances or portions of distances not
21
22 specifically provided for in the governing highway
22
23 map, the actual mileage via the shortest practical
23
24 route will apply,
24
Req. No. 9316 Page 8
 1 b. in computing distances, fractions of a mile will be
1
2 retained until the final and full mileage is
2
3 determined, at which time any remaining fraction shall
3
4 be increased to the next whole mile,
4
5 c. when, due to circumstances beyond the control of the
5
6 wrecker or towing service, roadway conditions make it
6
7 impractical to travel via the shortest route, distance
7
8 rates shall be computed based on the shortest
8
9 practical route over which the wrecker vehicle and the
9
10 vehicle it is towing can be moved, which route shall
10
11 be noted on the bill or invoice, or
11
12 d. when the wrecker or towing service is performed upon
12
13 any turnpike or toll road, the turnpike or toll road
13
14 mileage shall be used to determine the distance rates
14
15 charged and the turnpike or toll road fees may be
15
16 added to the bill or invoice.
16
17 2. Maximum distance rates shall be as follows:
17
18 Weight of Towed Vehicle Distance Rate
18
19 (In pounds, including Towed Per
19
20 equipment and lading) Mile
20
21 Single vehicle: 8,000 or less 25 miles or less $3.00
21
22 Single vehicle: 8,000 or less Over 25 miles $2.50
22
23 Single vehicle: 8,001 to 12,000 25 miles or less $3.40
23
24 Single vehicle: 8,001 to 12,000 Over 25 miles $3.00
24
Req. No. 9316 Page 9
 1 Single vehicle: 12,001 to 40,000 Any $5.75
1
2 Single vehicle: 40,000 or over Any $6.75
2
3 Combination of vehicles Any $6.75
3
4 E. Hourly Rates.
4
5 1. Rates in this subsection shall apply for the use of a
5
6 wrecker vehicle and shall include services of the operator of such
6
7 wrecker, except as provided in paragraph 4 of this subsection.
7
8 Rates shall apply for all wrecker or towing services performed that
8
9 are not otherwise provided for in this section, including, but not
9
10 limited to, wa