1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1741 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to motor vehicle storage rates;
7 amending 47 O.S. 2021, Section 951, which relates to
8 definitions; updating statutory reference; defining
8 term; amending 47 O.S. 2021, Section 953.2, as
9 amended by Section 1, Chapter 316, O.S.L. 2023 (47
9 O.S. Supp. 2023, Section 953.2), which relates to
10 fees and charges for storage of towed vehicles;
10 providing for consensual towed vehicles; increasing
11 maximum storage rates; and providing an effective
11 date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 47 O.S. 2021, Section 951, is
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16 amended to read as follows:
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17 Section 951. As used in Sections 951 through 965 968 of this
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18 title and Sections 1 through 3 of this act:
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19 1. “Wrecker or wrecker vehicle” “Wrecker” or “wrecker vehicle”
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20 means any motor vehicle that is equipped with any device designed to
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21 tow another vehicle or combination of vehicles. The use of the term
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22 “wrecker” wrecker or “wrecker vehicle” wrecker vehicle shall be
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23 construed to include a combination wrecker or combination wrecker
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 1 vehicle, as defined in paragraph 2 of this section, unless a
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2 specific differentiation is otherwise described;
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3 2. “Combination wrecker” or “combination wrecker vehicle” means
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4 any wrecker vehicle which is designed and equipped with two separate
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5 and distinct devices to tow simultaneously two or more other
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6 vehicles or combinations of vehicles, whether or not both devices
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7 are in use simultaneously. One of the devices shall allow another
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8 vehicle to be loaded onto and transported upon the wrecker vehicle,
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9 and one of the devices shall allow another vehicle to be attached to
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10 and pulled by the wrecker vehicle;
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11 3. “Tow” or “towing” means the use of a wrecker vehicle to
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12 lift, pull, move, haul or otherwise transport any other vehicle by
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13 means of:
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14 a. attaching the vehicle to and pulling the vehicle with
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15 the wrecker vehicle, or
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16 b. loading the vehicle onto and transporting the vehicle
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17 upon the wrecker vehicle;
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18 4. “Rollback equipment” means a towing device or equipment upon
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19 which the towed vehicle is loaded and transported, removing the
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20 towed vehicle completely from the surface of the roadway. The term
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21 “rollback equipment” rollback equipment shall include car haulers;
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22 5. “Dolly” means a towing device or equipment which lifts and
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23 suspends one axle of the towed vehicle above the surface of the
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24 roadway;
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 1 6. “Wrecker or towing service” means engaging in the business
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2 of or performing the act of towing or offering to tow any vehicle,
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3 except:
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4 a. where the operator owns the towed vehicle and displays
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5 on both sides of the wrecker vehicle in plainly
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6 visible letters not less than two (2) inches in height
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7 the words “NOT FOR HIRE”,
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8 b. where the service is performed by a transporter as
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9 defined in Section 1-181 of this title,
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10 c. where service is performed in conjunction with the
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11 transportation of household goods and property,
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12 d. where the wrecker vehicle is owned or operated by the
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13 United States government, the State of Oklahoma, or
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14 any department or political subdivision thereof, or
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15 e. where the service is performed by an out-of-state
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16 wrecker service at the request of the vehicle owner or
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17 operator, the vehicle is not involved in a collision,
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18 and is being towed:
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19 (1) in either direction across the border between
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20 Oklahoma and a neighboring state, or
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21 (2) through Oklahoma in transit to another state;
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22 provided, the out-of-state wrecker service shall
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23 comply with all other requirements regarding
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24 interstate commerce as set forth in law;
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 1 7. “Commissioner” means the Commissioner of Public Safety;
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2 8. “Commission” means the Corporation Commission;
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3 9. “Department” means the Department of Public Safety;
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4 10. “Consensual tow” means the transportation of a vehicle
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5 performed at the request of a vehicle’s owner, possessor, agent,
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6 insurer, lienholder, or any other person in legal possession of or
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7 in charge of the vehicle;
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8 11. “Nonconsensual tow” means the transportation of a vehicle
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9 without the consent or knowledge of the vehicle’s owner, possessor,
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10 agent, insurer, lienholder, or any other person in possession of or
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11 in charge of any vehicle and includes the transportation or towing
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12 of the vehicle under lawful circumstances or necessity for the
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13 public interest including removing from the roadway for public
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14 safety or public convenience, or accidents, by any law enforcement
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15 officer or property agent or removal from public or private property
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16 as a result of abandonment or unauthorized parking by the property
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17 owner, agent, possessor, or other legal entity for the property
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18 owner;
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19 11. 12. “Operator” means any person owning or operating a
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20 wrecker vehicle or wrecker or towing service;
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21 12. 13. “Officer” means any duly authorized law enforcement
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22 officer;
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23 13. 14. “Roadway” means any public street, road, highway, or
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24 turnpike or the median, easement, or shoulder of a roadway;
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 1 14. 15. “Service call” means the act of responding to a request
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2 for service with a wrecker vehicle in which a service is performed;
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3 and
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4 15. 16. “Vehicle” shall:
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5 a. have the same meaning as defined in Section 1-186 of
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6 this title, and
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7 b. for the purposes of this chapter when referring to a
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8 vehicle or combination of vehicles being towed or
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9 stored, include a vessel. The term “vessel” shall
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10 have the same meaning as defined in Section 4002 of
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11 Title 63 of the Oklahoma Statutes.
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12 SECTION 2. AMENDATORY 47 O.S. 2021, Section 953.2, as
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13 amended by Section 1, Chapter 316, O.S.L. 2023 (47 O.S. Supp. 2023,
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14 Section 953.2), is amended to read as follows:
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15 Section 953.2. A. The rates established by order of the
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16 Corporation Commission shall determine the maximum fees and charges
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17 for the storage and after-hours release of nonconsensual or
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18 consensual towed vehicles, including incorporated and unincorporated
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19 areas, by a wrecker or towing service licensed by the Department of
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20 Public Safety and repair facilities as defined in Section 953 of
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21 Title 15 of the Oklahoma Statutes. No wrecker or towing service or
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22 repair facilities shall charge any fee for nonconsensual or
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23 consensual towed vehicles and storage which exceeds the maximum
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24 rates established by the Commission. Such rates shall be in
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 1 addition to any other rates, fees or charges authorized, allowed or
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2 required by law, including environmental remediation fees and
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3 services.
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4 B. 1. Storage or after-hours release of a towed vehicle, or
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5 both, provided by a wrecker or towing service or by a repair
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6 facility shall be recorded by the operator on a bill or invoice as
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7 prescribed by rules of the Department.
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8 2. Nothing herein shall limit the right of an operator or
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9 repair facility who has provided or caused to be provided storage or
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10 after-hours release of a towed vehicle, or both, to require
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11 prepayment, in part or in full, or guarantee of payment of any
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12 charges incurred for providing such services.
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13 3. This section shall not be construed to require an operator
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14 or repair facility to charge a fee for the storage or after-hours
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15 release, or both, of any towed vehicle.
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16 4. The operator or repair facility is authorized to collect all
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17 lawful fees in acceptable forms of payment such as through check,
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18 credit card, automated clearing house transfer, or debit card from
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19 the owner, lienholder, or agent of the towed vehicle or insurer
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20 accepting liability for paying the claim for a vehicle or purchasing
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21 the vehicle as a total loss vehicle from the registered owner for
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22 the performance of any and all such services. An operator or repair
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23 facility shall make the towed vehicle available for inspection by
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24 the owner, lien holder, agent of the towed vehicle, or insurer
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 1 accepting liability for paying the claim for a vehicle and shall
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2 release the vehicle from storage upon authorization from the owner,
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3 agent, or lienholder of the vehicle or in the case of a total loss,
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4 the insurer accepting liability for paying the claim for the vehicle
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5 or purchasing the vehicle where the vehicle is to be moved to an
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6 insurance pool yard for sale.
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7 C. The rates in subsections D through F of this section shall
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8 be applicable until superseded by rates established by the
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9 Commission.
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10 D. Outdoor Storage Rates.
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11 1. Rates in this subsection shall apply to the outdoor storage
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12 of a towed vehicle. Rates may be applied from the time the towed
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13 vehicle is brought onto the outdoor storage facility premises.
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14 Rates shall apply to each calendar day of outdoor storage; provided,
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15 the maximum twenty-four-hour fee, as provided for in this section,
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16 may be charged for any towed vehicle which is stored for a portion
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17 of a twenty-four-hour period.
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18 2. Maximum outdoor storage rates shall be as follows:
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19 Rate per Each
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20 24-hour Period or
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21 Type of Towed Vehicle Portion Thereof
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22 Single vehicle: motorcycle, automobile,
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23 or light truck up to 20 feet in length $15.00 $24.00
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 1 Single vehicle or combination of vehicles
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2 over 20 feet in length but less than 30
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3 feet in length $20.00 $32.00
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4 Single vehicle or combination of vehicles
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5 over 30 feet in length and up to 8 feet
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6 in width $25.00 $39.00
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7 Single vehicle or combination of vehicles
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8 over 30 feet in length and over 8 feet
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9 in width $35.00 $55.00
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10 E. Indoor Storage Rates.
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11 1. Rates in this subsection shall apply to the indoor storage
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12 of a towed vehicle. Rates may be applied from the time the towed
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13 vehicle is brought into the indoor storage facility premises. Rates
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14 shall apply to each calendar day of indoor storage; provided, the
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15 maximum twenty-four-hour fee, as provided for in this section, may
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16 be charged for any towed vehicle which is stored for a portion of a
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17 twenty-four-hour period.
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18 2. Maximum indoor storage rates shall be as follows:
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19 Rate per Each
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20 24-hour Period or
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21 Type of Towed Vehicle Portion Thereof
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22 Single vehicle: motorcycle, automobile,
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23 or light truck up to 20 feet in length $25.00 $39.00
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 1 Single vehicle or combination of vehicles
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2 over 20 feet in length but less than 30
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3 feet in length $30.00 $47.00
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4 Single vehicle or combination of vehicles
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5 over 30 feet in length and up to 8 feet
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6 in width $35.00 $55.00
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7 Single vehicle or combination of vehicles
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8 over 30 feet in length and over 8 feet
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9 in width $45.00 $70.00
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10 3. For purposes of this subsection, “indoor storage” means the
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11 vehicle is kept in an enclosed facility.
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12 F. After-Hours Release Rate.
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13 1. The rate in this subsection shall apply to the release of a
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14 towed vehicle to the owner, lienholder, or agent when such release
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15 occurs at a time other than normal business hours.
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16 2. As used in this subsection:
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17 a. “after-hours release rate” shall mean the rate charged
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18 for the release of a towed vehicle between the hours
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19 of midnight and 8:00 a.m., or between the hours of
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20 4:00 p.m. and midnight Monday through Friday, or any
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21 time on Saturday, Sunday, or a national holiday, and
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22 b. “national holiday” shall mean New Year’s Day, Martin
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23 Luther King Day, George Washington’s Birthday, on the
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24 third Monday in February, Memorial Day, Independence
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 1 Day, Labor Day, Veterans Day, Thanksgiving Day, and
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2 Christmas Day, and shall further include the Friday
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3 before such national holiday which falls on a Saturday
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4 and the Monday following such national holiday which
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5 falls on a Sunday.
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6 3. The maximum after-hours release rate shall be Fifteen
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7 Dollars ($15.00) per quarter hour for the release of any single
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8 vehicle or combination of vehicles.
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9 G. An operator or repair facility shall be required to provide
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10 reasonable documentation to substantiate all lawful fees charged the
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11 owner, lienholder, agent, or insurer accepting liability for paying
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12 the claim for the towed vehicle or purchasing the towed vehicle.
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13 Fees for which the operator or repair facility is being reimbursed,
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14 or having paid to a third party, shall include copies of the invoice
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15 or other appropriate documents to substantiate the payment to the
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16 third party.
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17 SECTION 3. This act shall become effective November 1, 2024.
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19 59-2-3278 CN 1/17/2024 10:25:31 AM
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Statutes affected:
Introduced: 47-953.2
Floor (Senate): 47-953.2
Engrossed: 47-953.2