Wrecker & towing services manual

              OAC 595:25 DEPARTMENT OF PUBLIC SAFETY
CHAPTER 25. WRECKERS AND TOWING SERVICES
Subchapter Page
1. General Provisions
595:25-1-1. Purpose 1
595:25-1-2. Definitions 1
595:25-1-3. General policies 3
3. Wrecker License
595:25-3-1. General requirements 4
595:25-3-2. Applications 6
595:25-3-3. Renewal 7
595:25-3-4. Trade name 8
5. All Wrecker Operators
595:25-5-1. Physical requirements for storage facility 9
595:25-5-2. Equipment requirements for all classes of wrecker vehicles 11
595:25-5-3. Operation 13
595:25-5-4. Insurance 15
595:25-5-5. Records 17
595:25-5-6. Schedule of rates and fees; Posting of schedule of rates and fees 17
595:25-5-7. Tow request and authorization forms 18
595:25-5-8. Conflicts of interest 19
7. Class AA Operators
595:25-7-1. Equipment requirements for all Class AA vehicles 20
595:25-7-2. Release and holding of vehicle by Class AA wrecker operators 20
9. Oklahoma Highway Patrol Rotation Log - Additional Requirements
595:25-9-1. Oklahoma Highway Patrol Rotation Log 22
595:25-9-2. Operator requirements 23
595:25-9-3. Rotation calls for truck wreckers (Class AA-TL) 25
11. Denial, Suspension, Revocation, or Cancellation of License; Denial or Removal of Class AA
Operators from Rotation Log of the Oklahoma Highway Patrol
595:25-11-1. Failure to qualify 26
595:25-11-2. Violation of Rules 26
595:25-11-3. Procedure 26
OKLAHOMA STATUTES
Title 47, Chapter 71. Abandonment of Vehicles
§ 901. Abandonment Unlawful - Determination 28
§ 902. Authorization to Remove Abandoned Vehicle 28
§ 903. Notice of Removal - Civil Liability 28
§ 903A. Contest of Removal or Storage - Hearing - Exemptions 28
§ 904. Payment of Cost of Removal and Storage 29
§ 904.1. Lienholder Defined 29
§ 907. Special Liens 29
§ 908. Foreclosure of Lien - Notice 29
§ 909. Time to Commence Proceedings 30
§ 910. Return of Sale 30
§ 911. Disposition of Proceeds of Sale 30
Title 47, Chapter 72. Wreckers and Towing Services
§ 951. Definitions 30
§ 952. Rulemaking Authority - Requests for Service by Political Subdivisions - Official
Rotation Logs 32
§ 953. Licenses - Fees - Renewal - Disciplinary Actions - Civil Enforcement Actions 33
§ 953.1 Maximum Fees and Charges 34
§ 953.2. Fees and Charges for Storage and After-Hours Release of Towed Vehicles 39
§ 954. Enforcement 41
§ 954A. Abandoned Motor Vehicle - Removal 41
§ 955. Towing of Vehicle from Roadway - Grounds 42
§ 956. Gifts Prohibited - Financial Interest of Officers 43
§ 957. Independent Employment of Wrecker or Towing Services 44
§ 958. Violations and Penalties 44
§ 961. Referral Fees - Misdemeanor 44
§ 962. Possessory Lien - Foreclosure - Collection of Wrecker or Towing Fees 44
§ 964. Report of Vehicles Parked or Stored More Than 30 Days 44
§ 965 Notification to Law Enforcement of Location of Vehicle Towed at Lien Holder’s
Request 44
§ 966 Nonconsensual Towing Act of 2011 - Authority of Corporation Commission 45
§ 967 Nonconsensual Towing Act of 2011 - Assessment of Annual Fees to be Paid by
Licensed Wrecker or Towing Services 45
§ 968 Nonconsensual Towing Act of 2011 - Appointment of Unclassified Employees by the
Corporation Commission 46
Title 47, Chapter 1. Words and Phrases Defined
§ 1-181. Transporter 47
Title 47, Chapter 4. Antitheft Laws
§ 4-105. Stolen, Converted, Recovered and Unclaimed Vehicles 47
Title 47, Chapter 11. Rules of the Road
§ 11-314. Passing Stationary Emergency Vehicles 47
§ 11-605. Signals by Hand and Arm or Signal Lamps 47
§ 11-1007. Parking Areas for Physically Disabled Persons - Violations and Penalties 48
§ 11-1110. Putting Glass, etc., on Highway Prohibited 49
Title 47, Chapter 12. Equipment of Vehicles
§ 12-204. Tail Lamps 49
§ 12-218.1 Flashing Lights on Wreckers and Tow Vehicles 49
§ 12-227. Special Restriction on Lamps 50
§ 12-405.1 Coupling Devices - Stay Chains, Cables or other Safety Devices 50
§ 12-407. Certain Vehicles to Be Equipped with Flares and other Emergency Equipment 51
Title 47, Chapter 14.
§ 14-109. Single-axle Load Limit - Gross Weight Table - Exempt Vehicles 51
Title 47, Chapter 74. Oklahoma Vehicle License and Registration Act
§ 1134.3 Wrecker or Towing Vehicles - License Plates - Registration 55
Title 42, Chapter 2. Personal Property for Work Thereon
§ 2.91. Lien on Certain Personal Property for Service Thereon - Foreclosure - Notice -
Purchaser - Unpaid Checks - Repossession 57
§ 2-91A. Lien on Certain Personal Property for Service Thereon - Certificate of Title -
Foreclosure - Notice - Purchaser - Unpaid Checks - Repossession 61
Title 63, Chapter 70. Oklahoma Vessel and Motor Registration Act
§ 4002. Definitions 66
Title 63, Chapter 72. Boating Safety
§ 4217. Abandonment of Vessel - Removal 66
§ 4217.1 Abandoned Vessels - Notice of Removal 66
§ 4217.2 Abandoned Vessels - Contest of Removal or Storage - Hearing 67
§ 4217.3 Abandoned Vessels - Regaining Possession 67
§ 4217.4 Abandoned Vessels - Lien - Foreclosure by Sale - Notice -
Application of Proceeds 68
§ 4218. Violations - Penalties 68
Wrecker Information
Oklahoma Department of Public Safety
Wrecker Services Division
3600 North King Avenue
Oklahoma City, Oklahoma 73111
November 2011
This publication is produced by the Department of Public Safety, Wrecker Services
Division, as authorized by the Commissioner of Public Safety. Notification of this
publication has been submitted to the Publications Clearinghouse of the Oklahoma
Department of Libraries.
The underlined and strike out sections are emergency rules passed and signed by the Governor due
to the passage of House Bill 1743.
SUBCHAPTER 1. GENERAL PROVISIONS
Section
595:25-1-1. Purpose
595:25-1-2. Definitions
595:25-1-3. General policies
595:25-1-1. Purpose
The purpose of the Wrecker and Towing Services rules is to establish procedures for the licensing,
supervision, administration and control of wrecker vehicles and wrecking and towing services.
595:25-1-2. Definitions
Any reference to “this Act” means 47 O.S. § 951 et. seq. unless otherwise specified. The following
words and terms, when used in this Chapter, shall have the following meaning, unless the context
clearly indicates otherwise:
“Call” means each request for service of an operator resulting in an operator being able to
receive compensation for these services.
“Class AA wrecker operator” means any wrecker operator who also meets all the
requirements of 47 O.S. § 952(D) for towing for law enforcement agencies.
“Class AA truck wrecker operator” means any wrecker operator who also meets all the
requirements of 47 O.S. § 952(D) for towing for law enforcement agencies.
“Commissioner” means the Commissioner of Public Safety, as defined by 47 O.S. § 1-109
and as described in 47 O.S. § 2-102.
“Department” means the Department of Public Safety.
“Junk vehicle” means a vehicle which is ten (10) years old or older and worth less than three
hundred dollars ($300.00) [42 O.S. § 91A].
"Law enforcement tow" means a tow of a vehicle made by an operator when a law
enforcement officer compels a vehicle be towed or makes a request for a tow using a law enforcement
rotation log and to which the rate rates and fees as prescribed in 47 O.S. § 953.1 by the Corporation
Commission shall apply.
“Officer” means any peace officer.
“Operator” means any person or legal entity owning or operating a licensed wrecker vehicle
or a licensed wrecker or towing service and any employee thereof.
“Owner request tow” means a tow of vehicle made by an operator at the request of the
owner, or authorized agent of the owner and which is not compelled or required by a law enforcement
officer.
"Private Property Tow" means a tow of a vehicle which is made from private property by
an operator at the request of the owner, legal possessor, or authorized agent in control of the real
property, which shall be towed under the provisions of 47 O.S. § 954A and to which the rate rates and
fees as prescribed in 47 O.S. § 953.1 by the Corporation Commission shall apply.
“Place of business” means a permanent structure, not mounted on wheels, occupied by the
wrecker operator at the physical address of the wrecker service, as shown on the wrecker license, with
phone service and functioning utilities including but not limited to electricity and water, where normal
business is transacted and all wrecker records are maintained. Effective January 1, 2005, the place of
business shall be located in Oklahoma.
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“Rotation log” means a list for each Highway Patrol Troop of the Department of current
Class AA wrecker operators whose places of business are within the geographical boundaries of the
Troop and who have requested and been approved by the Department to be on the list. This list
governs the alternation among approved Class AA wrecker operators meeting the qualification of
various categories of Class AA wrecker services except Class AA-TL wrecker vehicles.
“Tow/Towing” “means the use of a wrecker vehicle to lift, pull, move, haul or otherwise
transport any other vehicle by means of: (a) attaching the vehicle to and pulling the vehicle with the
wrecker vehicle, or (b) loading the vehicle onto and transporting the vehicle upon the wrecker
vehicle”. [47 O.S. § 951(3)]
“Traffic tie-up” means any situation in which any officer deems it necessary to control the
orderly flow of traffic.
“Truck wreckers” means every motor vehicle properly designed and equipped according
to Department of Public Safety specifications with wrecker body and winch or lifting apparatus
suitably designed to safely move, pull or tow wrecked, damaged or disabled trucks, truck-tractors,
road tractors, trailers, semi-trailers, buses and/or other vehicles and conveyances that use the highways
of the State of Oklahoma. The designation as a truck wrecker shall be used for Class AA-TL wrecker
vehicles only.
“Truck wrecker rotation log” means a list for each Highway Patrol Troop of the
Department of current Class AA wrecker operators, meeting the qualifications of Class AA truck
wrecker services, whose places of business are with in the geographical boundaries of the Troop and
who have requested and been approved by the Department to be on the list. This list governs the
alternation among approved Class AA-TL truck wrecker operators only.
“Wrecker dolly” means a wheeled device which is used to support one end of a motor
vehicle for towing.
“Wrecker license” means the wrecker license as provided by 47 O.S. § 951, et. seq.
“Wrecker operator” means any operator who is licensed under this Chapter and the laws
of this state and who meets all requirements of the rules of this Chapter, pertaining to wrecker vehicles
as defined in this Chapter.
“Wrecker or towing service”, “wrecker service”, or “towing service” means engaging in
the business of or performing the act of towing or offering to tow any vehicle, except: (a) where the
operator owns the towed vehicle and displays on both sides of the wrecker vehicle in plainly visible
letters not less than two (2) inches in height the words “NOT FOR HIRE”, (b) where the service is
performed by a transporter as defined in [47 O.S.] section 1-181 of this title, (c) where service is
performed in conjunction with the transportation of household goods and property, (d) where the
wrecker vehicle is owned or operated by the United States government, the State of Oklahoma, or any
department or political subdivision thereof, or (e) where the service is performed by an out-of-state
wrecker service at the request of the vehicle owner or operator, [the vehicle is not involved in a
collision,] and the vehicle is being towed: (1) in either direction across the border between Oklahoma
and a neighboring state, or (2) through Oklahoma in transit to another state; provided, the out-of-state
wrecker service shall comply with all other requirements regarding interstate commerce as set
forth in law. [47 O.S. § 951(6)]
“Wrecker” or “wrecker vehicle”, as defined by 47 O.S. § 951 et. seq., means any vehicle,
other than a transport as defined in 47 O.S. § 1-181, equipped with a winch, cable or other device
designed to lift, pull or move a disabled vehicle incapable of self-propulsion. (Does not include a
vehicle with a push bumper only.)
(A) Class AA – Any wrecker vehicle not less than nine thousand pounds (9,000 lbs.)
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GVWR and meeting minimum requirements as established for Class AA Wreckers in this
Chapter.
(B) Class AA-TM -- Any wrecker vehicle not less than twenty-four thousand pounds
(24,000 lbs.) GVWR and meeting minimum requirements as established for Class AA-TM
Wreckers in this Chapter.
(C) Class AA-TL -- Any wrecker vehicle not less than forty-four thousand pounds (44,000
lbs.) GVWR and meeting minimum requirements as established for Class AA-TL Wreckers
in this Chapter.
(D) Class General -- All other wrecker vehicles as defined by 47 O.S. § 951 et. seq.,
provided a Class General wrecker shall also be considered a wrecker support vehicle for the
purposes of 74 O.S. § 12-218.1.
595:25-1-3. General policies
(a) All operators of wrecker or towing services shall conduct operations in accordance with all
applicable laws of the State of Oklahoma and all applicable rules of the Department of Public Safety
and rules and orders of the Corporation Commission.
(b) Each operator shall be knowledgeable of the laws of this state, as found in 47 O.S. § 951 et.seq.,
and the rules of this Chapter and the rules and orders of the Corporation Commission relating to
wrecker and towing services and wrecker vehicles. Each operator shall maintain at least one (1) copy
of said laws and rules on the premises of the place of business at the address specified on the license
and shall require every employee to be knowledgeable of the laws and rules.
© All rules in this Chapter are subject to the Administrative Procedures Act 75 O.S. § 309, et. seq.,
and to 47 O.S. § 951 et. seq., which shall be incorporated herein by reference, as applicable to the
Department and all parties governed by this Chapter.
(d) The Department shall be charged with the duty of enforcing the provisions of 47 O.S. §951 et seq.
except for rates and fees charged by wrecker services, which shall be under the authority of the
Corporation Commission. It’s the duly appointed officers of the Department shall have authority to
make arrests for violation of law and the provisions of the rules of this Chapter.
(d) The Department shall be charged with the duty of enforcing the provisions of 47 O.S. §951 et seq.
Its duly appointed officers shall have authority to make arrests for violation of law and the provisions
of the rules of this Chapter.
(e) Any Oklahoma statute now existent or duly enacted in the future shall supersede any conflicting
provision of the rules of this Chapter to the extent of such conflict, but shall not affect the remaining
provisions herein.
(f) Any violation of the rules of this Chapter may result in license suspension, revocation and/or
penalty provisions in accordance with 47 O.S. § 951, et. seq.
(g) Every operator shall cooperate with the Department should it become necessary to review, audit,
examine, or investigate any records relating to the operation of the wrecker service. Any operator who
fails to cooperate with any review, audit, investigation shall be subject to suspension, revocation or
cancellation of his or her wrecker license in accordance with 47 O.S. § 951, et.seq.
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SUBCHAPTER 3. WRECKER LICENSE
Section
595:25-3-1. General requirements
595:25-3-2. Applications
595:25-3-3. Renewal
595:25-3-4. Trade name
595:25-3-1. General requirements
The following are the requirements for obtaining a wrecker license:
(1) License required. No operator as defined by law, regardless of storage location, shall
operate a wrecker vehicle upon any public street, road or highway of this state for the offering to
tow vehicles or to transport property or the actual towing of vehicles or transporting of property
without first obtaining from the Department a license as provided in this Chapter. Any wrecker
vehicle being operated on any public street, road, highway or turnpike in violation of Oklahoma
law or these rules may be removed from service by Oklahoma law enforcement officers.
(2) Display and use. An operator’s wrecker service license shall be personal to the holder
thereof and a wrecker vehicle license shall be unique to the vehicle. Each license shall be issued
only to a person, a corporation or some definite legal entity. The licenses are non-transferable and
any change in ownership, whether of a wrecker service or wrecker vehicle, shall cancel the
applicable license. The wrecker service license shall be conspicuously displayed at the primary
place of business. The license shall be valid only at the place of business as shown on the license.
Additional or satellite places of business shall not be permitted or approved on the same license
but shall require a separate application and license.
(3) Reason for application. No showing of public convenience or necessity need to be made
in support of an application for a wrecker or towing license.
(4) Issuance. No license for operation of a wrecker or towing service shall be issued until:
(A) Certificates of insurance as prescribed by the Department are on file with the
Department, and
(B) Each wrecker vehicle has been inspected by an officer of the Department to verify
that equipment requirements of this Chapter have been met.
(5) Carry license. A copy of the wrecker vehicle license issued by the Department shall be
carried at all times in the wrecker vehicle for which the license was issued.
(6) Return license to Department. Any wrecker operator that disposes of or deletes any
wrecker vehicle from operation shall return the license issued for that particular vehicle to the
Department of Public Safety. When an unlicensed wrecker vehicle is observed with decals
identifying it as a licensed wrecker vehicle, law enforcement personnel may remove the decals and
seize the cab card license and return to the Department.
(7) Additional wreckers. Any wrecker operator that adds a wrecker vehicle shall:
(A) Register the wrecker vehicle with the Oklahoma Tax Commission and properly
display a current license plate.
(B) Notify the Department of the make, model and serial number of the vehicle.
(C) Send notification to the Department from the insurance carrier of the wrecker
operator that the vehicle has been added to present insurance coverage.
(D) Have the vehicle inspected and approved by an employee of the Department.
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(8) Sticker required on each vehicle. Each wrecker vehicle which is used by an operator in
pulling or towing a vehicle shall display in the lower right hand corner of the windshield a valid
sticker furnished by the Department indicating the classification of wrecker service.
(9) License number and business name.
(A) The wrecker license number issued to the operator by the Department for the
operation of a wrecker or towing service, along with the name of the wrecker service, shall
be clearly visible at all times and shall be conspicuously displayed and vertically centered
on each side of every vehicle used by the operator in the wrecker or towing service.
(B) On wrecker vehicles in use on or before July 14, 2002, the wrecker license number
shall be at least two inches (2") in height. On wrecker vehicles put into use on or after July
15, 2002, the number and business name shall be at least three inches (3") in height. The
font shall not be a font which is highly decorative or difficult to read.
(C) The signage required by this paragraph shall be permanent in nature and shall not
contain any misleading or false information. Magnetic signs are not approved; provided,
if requested of and approved by the Director, a magnetic sign may be used for a period of
thirty (30) days in an emergency situation.
(10) Service of notice. Any notice required by law or by the rules of the Department served
upon any holder of a wrecker or towing license shall be served personally or mailed to the last
known address of such person as reflected by the records on file with the Department. It is the duty
of every holder of a certificate or license to notify the Department of Public Safety, Wrecker
Services Division, in writing as to any change in the address of such person or of the place of
business.
(11) License prohibited. No person under eighteen (18) years of age shall be licensed or
employed as a wrecker operator. Any person who, within the previous five (5) years, has been
released from incarceration under the custody of the Department of Corrections, or one of its
contractors, or the equivalent state agency in another state or has been convicted in any court of
law for larceny or any felony shall not be licensed, nor shall any operator employ any person. On
or after July 15, 2007 any such person shall not be eligible for a license until five (5) years from
the end of incarceration or supervised release, including parole. Effective July 15, 2007, any
person who has been charged with any such crime and who has been convicted pursuant to a
pleading of guilty or no contest to said charge, regardless of the sentence imposed, shall not own
or be employed in any capacity by any licensed wrecker service in the State of Oklahoma. No
person who has been convicted of larceny, theft or untruthfulness or who has been convicted of
a felony shall be licensed as a wrecker/towing service or employed by a wrecker/towing service
until five (5) years after completion of the sentence for the conviction, including probation or
supervised release. In cases of deferred judgement and sentence, the prohibition shall extend to
five (5) years after the end of the deferred judgement and sentence. Any person who is required
to register as a sex offender, as required by 57 O.S. § 583, shall be prohibited from owning or
working for a wrecker service for a period of time the person is or is required to be registered.
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(12) Itemized statement. All wrecker operators shall develop and maintain for each vehicle
towed or serviced an itemized statement [see OAC 595:25-5-5(b) regarding records] and shall
furnish the owner, or the agent of the owner, of each vehicle with an itemized statement, and a bill
or invoice of the towing and storage charges incurred, which shall include, but not be limited to,
the beginning and ending times of service and the beginning and ending mileage of the wrecker
vehicle or vehicles used for the service. The itemized statement may be listed on the bill or invoice
or may be listed separately but shall, in any case, be provided to the owner or agent, upon request
or within a reasonable length of time.
(13) One Class AA license per place of business. Wrecker operators shall be issued no more
than one Class AA wrecker license for any one place of business.
(14) One Class AA wrecker service on Oklahoma Highway Patrol’s rotation log in same
rotation area. An operator shall be permitted to rotate no more than one Class AA wrecker
service in the same Highway Patrol rotation area on the Highway Patrol’s rotation log. For
purposes of this paragraph, “Class AA wrecker service” shall include those services with a Class
AA-TL wrecker vehicle.
(15) Business telephone number. Each wrecker service shall have a local business telephone
number published in the local telephone directory. The telephone number published shall be a
number that is accessible to the public twenty-four hours a day.
(16) Business sign. Each AA Wrecker Service and each G Wrecker Service with storage shall
have a business sign at the business location. The sign shall be at least 2 feet by 4 feet with letters
at least 3 inches in height and shall display, at a minimum, the name of the business.
(17) Wrecker drivers. Wrecker services shall notify the Wrecker Services Division within ten
(10) days of hiring or termination of employment of any wrecker driver.
595:25-3-2. Applications
(a) Every applicant shall file with the Department a written application on a form prescribed by the
Department and shall tender with the application a fee of One Hundred Dollars ($100.00) by check
or money order. The application shall be completed using the applicant’s legal name, and also include
every alias and nickname by which the applicant is or has been known. Every applicant shall submit
with the application a current original Oklahoma State Bureau of Investigation (O.S.B.I.) criminal
record check for each individual, partner or corporate officer as shown on the application. If any
owner, partner or officer has not lived in Oklahoma for the immediately preceding five (5) years, he
or she shall submit a criminal record check from the agency responsible for keeping criminal history
in the state or states of residence for the immediately preceding five (5) years. Upon the return of any
dishonored check the application shall be canceled.
(b) Upon receipt and approval of the application, the Department shall assign to the operator a
permanent identification number for all matters relating to the approved wrecker and towing service.
The Department may issue a temporary 30-day permit, after inspection, which will authorize the
wrecker service to operate while paperwork for the permanent license is being processed. The
temporary 30-day permit may be presented by the operator to the Tax Commission or a motor license
agent for the purpose of being issued a wrecker license plate pursuant to 47 O.S. § 1134.3. The
temporary 30-day permit shall only be valid for use if a wrecker license plate is purchased and affixed
to the wrecker vehicle.
(c) The filing of an application for a license does not authorize wrecker or towing service operations
by the applicant. Operation may commence only after all requirements have been met and proper
authorization has been issued by the Department.
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(d) The application shall be an affidavit containing the following information together with any
additional information the Department may require.
(1) The trade name (business name) of the wrecker service. If the business name is registered
with the Oklahoma Secretary of State, such registered name shall be used.
(2) The name of the individual (owner/applicant) or, in the event of a legal entity such as a
corporation, the names of any two of the following officers:
(A) President,
(B) Vice-President,
(C) Another officer, such as a Secretary.
(3) A statement substantially as follows: “Under oath, I affirm the information submitted in
this application is true and I further affirm that I have read the rules of the Department of Public
Safety and hereby agree in good faith to abide by the applicable laws and rules governing the
wrecker and towing services for which this application is made.”
(4) Date of application.
(5) Notarized signature of the individual applicant or of each company officer, as named on
the application.
(6) For each driver, the name, date of birth and driver license number.
(7) If an officer of the Department of Public Safety or a law enforcement officer of any
political subdivision may have an interest, financial or otherwise, in or may be employed by a
wrecker or towing service, the wrecker service shall affirm that its sole purpose and only business
is to perform repossessions of vehicles which are subject to lien and are being repossessed by the
lien holder of record [47 O.S. § 956(C)]. If a determination is made that the wrecker service
performs services other than repossessions, it shall be grounds for revocation of the wrecker
license.
(e) If, within ninety (90) days of receipt of an application, the Department is unable to verify all
information as required by these rules, the application shall be denied. Such applicant may reapply
any time.
(f) It is within the Department’s discretion to disallow the licensing of a wrecker operator should it
appear, by a preponderance of the evidence, that the identity of the business is substantially the same
as that of one that is currently under suspension by the Department.
595:25-3-3. Renewal
(a) 47 O.S. § 953, provides that the wrecker license shall expire on the 31st day of December of each
year. The Department shall send a renewal application to each operator not later than the November
15 of each year. The renewal shall be truthfully and completely filled out.
(b) The operator shall return the completed renewal application with a Fifty Dollar ($50.00) renewal
fee to the Department not later than December 31 of the same year.
(c) Any Class AA wrecker service which fails to renew its wrecker license on or before December
31 shall be removed from the rotation log on the immediately following January 1.
(d) Any wrecker service which fails to renew its wrecker license on or before December 31 shall have
grace period of 31 (thirty-one) days, until the immediately following January 31, to make application
for renewal. This grace period does not allow the wrecker service to tow vehicles but only to make
application for renewal. Any wrecker service which fails to renew by the immediately following
February 1 shall be cancelled, and any application made by the cancelled wrecker service after
February 1 shall be required to be a new application with all procedures and fees to apply.
595:25-3-4. Trade name
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(a) Each operator shall use a unique trade name, approved by the Department, which shall be printed
and appear on the license and shall be clearly distinguishable from the trade name of any other
operator. Provided, however, the Department shall approve any trade name which has been accepted
and currently registered with Oklahoma’s Secretary of State.
(b) Upon written request by the operator, the Department may change the trade name of a wrecker or
towing service if there is no change in ownership. The identifying number shall be retained and no
license fee shall be assessed.
(c) Any change in ownership due to sale, merger, dissolution, or any other reason, except as provided
in subsection (d), shall reserve the wrecker service trade name for a period of thirty (30) days, during
which time the successor or owner may apply for a wrecker license using the same trade name or
another trade name. However, the successor may not operate as a licensed wrecker service until the
application has been accepted and approved by the Department.
(d) When the owner of a sole-proprietorship wrecker service dies, the wrecker license shall be
cancelled by the Department effective upon the date of the death of the owner. Upon the death of the
wrecker service owner, the wrecker service shall be immediately removed from Oklahoma Highway
Patrol rotation. The heirs shall have thirty (30) days to apply for a wrecker service license using the
same name and the same Department-assigned number; provided, the application shall be treated by
the Department as a new application, and all procedures and fees shall apply.
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SUBCHAPTER 5. ALL WRECKER OPERATORS
Section
595:25-5-1. Physical requirements for storage facility
595:25-5-2. Equipment requirements for all classes of wrecker vehicles
595:25-5-3. Operation
595:25-5-4. Insurance
595:25-5-5. Records
595:25-5-6. Schedule of fees; indoor storage
595:25-5-7. Tow request and authorization forms
595:25-5-8. Conflicts of interest
595:25-5-1. Physical requirements for storage facility
(a) General requirements. All wrecker operators, who, in conjunction with or as part of a licensed
wrecker operation, store, park or maintain possession of a towed vehicle, shall store such vehicle in
a storage facility which shall meet the minimum physical requirements prescribed in this Section. No
vehicle shall be stored in any facility or area which has not been inspected and approved by the
Department.
(b) Outdoor storage facilities.
(1) Every outdoor storage facility:
(A) shall be designed to be adequate in size for the individual wrecker service’s need
for storing vehicles,
(B) shall be surrounded by a fence. Construction material for fences shall be of wood
or metal design or of no less quality wire than 14 ½ gauge hog wire. The wood, metal, or
hog wire portion of the fence shall be not less than five feet (5') in height and shall be
topped with two (2) or more strands of barbed wire which bring the overall height of the
fence to at least six feet (6') in height. Barbed wire is not required if the existing fence, or
any replacement fence, is of the material described above and is at least six feet (6') in
height, and
(C) shall have at least one (1) gate of the same quality of material as the fence.
(2) If the construction requirements in paragraph (1) of this subsection are in violation of
municipal zoning ordinances or other laws, regulations, or ordinances, the operator may file with
the Department a petition for exemption and a proposed security plan in lieu of the requirements,
which the Department may approve. The operator shall attach a copy of such zoning ordinance
or other laws, regulations, or ordinances with the petition.
(c) Facility location and number.
(1) A minimum of one (1) primary storage facility shall be located within a two (2) mile radius
of the place of business address as reflected on the wrecker license and, effective January 1, 2005,
shall be located within Oklahoma. Secondary storage facilities may be located outside the two (2)
mile radius.
(2) Each vehicle stored must be initially stored and held at the primary storage facility. After
thirty (30) days from date of initial storage, vehicles may be moved to a secondary storage facility.
The provisions of this paragraph shall not apply to junk vehicles.
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(d) Alternate primary storage facility. In lieu of or in addition to the primary storage facility
described in this Section, a wrecker operator that tows a vehicle pursuant to a contract with a
municipality or county may store such vehicle in a facility meeting the requirements set forth in such
contract; provided, that:
(1) A copy of the proposed contract is furnished to the Department, along with documentation
that requirements specified in this Section will be or have been met.
(2) Only vehicles towed at the request of the municipality shall be stored in such facilities
unless such facility meets all the requirements of this Section.
(3) The wrecker operator shall have assumed reasonable responsibility with respect to the
owner of such towed vehicle for any damages or loss of contents occurring during such time as
the towed vehicle is stored in the facility.
(4) If the storage facility is not owned by the operator, the owner of such storage facility shall
also assume joint responsibility for damages or loss of contents to the vehicle secured during such
time as the vehicle is stored at such facility.
(5) Such storage facility must meet or exceed the requirements of this Section.
(6) If such storage facility is not operated by the operator, the operator shall have made
arrangements with the owner of such storage facility to enable the owner of the vehicle to make
full payment for towing and storage costs at the storage facility location and thereby obtain full
release of the vehicle.
(7) A wrecker operator may not store any vehicle in a facility which has not been inspected
and approved by the Department.
(8) Except for vehicles stored at the request of the owner or at the request of a governmental
entity, the wrecker operator shall within seventy-two (72) hours of the time indicated on the
storage form, request the Oklahoma Tax Commission or other appropriate motor license agent,
to furnish the name and address of the current owner and any lienholders of such towed vehicle.
The towing service shall, within seven (7) days from receipt of the requested information from the
Oklahoma Tax Commission or motor license agent, notify the owner and lienholders of the
location of the vehicle.
(9) Final approval under this provision shall be determined by the Commissioner.
(e) Indoor storage facility. An operator may also provide an indoor storage facility as either a
primary or secondary storage facility. An indoor storage facility shall be a permanent structure that
meets the following minimum physical requirements:
(1) A solid roof,
(2) A solid hard-surface floor, and
(3) Solid walls which fully enclose all sides, i.e. reach from corner to corner on each side and
from the floor to the roof on all sides. The walls may be penetrated by windows and doors which
must be fully operable so as to make the facility fully enclosed when the windows and doors are
closed.
(f) Each wrecker service is a separate entity. Each wrecker service shall be licensed as a separate
legal entity. Each Class AA wrecker service shall maintain a primary storage facility that is physically
separated from any other entity’s storage facility as determined by the Department, so that the
responsibility and accountability of the operator relating to compliance with these rules is maintained.
(g) Shared storage prohibited. Shared use of any outdoor or indoor storage facility by two (2) or
more wrecker services is not permitted, except as may be determined by the Commissioner.
(h) Leased or rented storage. Wrecker operators intending to lease or rent any storage facilities shall
file such plan of lease or rent with the Department for approval. Such plan shall be of at least one year
10
in duration and include specific terms therein delineating the responsibility of the operator relating
to compliance with the rules of this Chapter and assurance that accountability is maintained.
(I) Accessibility. Any primary storage facility used to store vehicles at the request of law enforcement
shall be accessible to the public by way of an all-weather road. This provision shall not apply to
primary storage facilities which have been approved prior to July 14, 2003.
595:25-5-2. Equipment requirements for all classes of wrecker vehicles
(a) All wrecker vehicles. Each wrecker which is used by an operator in the performance of a wrecker
or towing service shall be equipped with the following:
(1) Fire extinguisher. One (1) or more dry chemical, B.C. rating, fire extinguisher having a
minimum of ten pounds (10 lbs.) total capacity, which shall be mounted and readily accessible.
(2) Flashing light. At least one (1) amber rotating or flashing light, visible from 360 degrees
or on a lightbar, and approved by an officer of the Department. The amber rotating light is for use
only at the scene of an emergency or where a traffic hazard exists and there is the necessity to
warn approaching vehicles, such as at a routine vehicle pickup [47 O.S. §12-227(C) 12-218.1].
Wreckers presently approved will not be required to have lights of another color replaced with an
amber light until such time as the present lights become defective to the point of needing
replacement, at which time it shall be replaced with an amber light. Any wrecker service approved
after April 27, 1990, shall be required to have the amber light. Any wrecker vehicle approved after
July 15, 2004, shall be required to have the amber rotating or flashing light or light bar
permanently mounted on each wrecker. In addition to the required amber rotating light, the
wrecker may be equipped with a red or blue flashing light, or a combination of red and blue
flashing lights, for use only at the scene of an emergency [47 O.S. §12-227(C) 12-218.1];
provided, on any wrecker vehicle approved after July 15, 2005, the red or blue light, or the
combination of red and blue flashing lights, shall be on a separate switch from the amber light.
Under no circumstances are any of the rotating or flashing red or blue lights intended for use when
traveling on the streets or highways [47 O.S. §12-227(C) §12-218.1]. White rotating lights are not
authorized under Oklahoma statutes.
(3) Chains. Two (2) chains of sufficient grade to assist in securing the towed vehicle.
(4) Broom. One (1) push-type broom, suitable for clearing debris from the road.
(5) Shovel. One (1) shovel, suitable for clearing debris from the road.
(6) Tire chains. One (1) set of tire chains, mud and snow tires or other device to assist
wrecker to maintain traction in mud, snow or ice.
(7) Warning devices. Warning devices, applicable to trucks as required in 47 O.S. § 12-407,
capable of protecting the scene of a collision by day or night.
(8) Lighting for towed vehicle. Wreckers must be equipped to operate a towed vehicle’s stop,
turn and clearance lights (if applicable), or be equipped with a light bar or other lighting
equipment to provide the highway lighting requirements for vehicles. When used, the light bar or
tow lights shall be affixed securely to the towed vehicle to assure a minimum of movement while
traveling on the highway and to prevent any damage to the towed vehicle.
(9) Safety chains or straps. Two (2) safety chains or wheel straps of sufficient capacity to
keep the towed vehicle attached to the wrecker in the event of disengagement.
(10) Additional equipment. Each operator of a roll back wrecker shall secure towed vehicles
with four-point tie downs. Operator of other wrecker vehicle types shall secure towed vehicles in
accordance with wrecker vehicle chassis recommendations.
(11) When a wrecker dolly is used as the lift or towing device, both the wrecker dolly and the
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wrecker shall first be approved and licensed as a unit by the Department. In addition to the
requirements in (a) of this Section for all wreckers, a wrecker dolly towing vehicle shall also be
equipped at a minimum with the following:
(A) A ball or pintle hook of sufficient size and capacity to safely control the wrecker
dolly, securely fastened to the appropriate frame member of the wrecker.
(B) Two safety chains of sufficient capacity to keep the wrecker dolly attached to the
wrecker in the event of hitch failure.
(b) Class AA wrecker vehicles. Each Class AA wrecker vehicle, in addition to the equipment
required by subsection (a), shall be equipped with the following:
(1) Scotch blocks. Two (2) scotch blocks, or similar devices, capable of adding stability to
the wrecker during winching. Scotch blocks shall be constructed of steel plate with a chain or
cable of sufficient grade and quality to attach to the frame or body of the wrecker. Hydraulic
stabilizing equipment shall be approved. (NOTE: Roll-back wrecker vehicles are exempt from this
requirement.)
(2) Dollies. Dollies for the purpose of providing a method of towing a disabled vehicle which
is otherwise incapable of being towed safely on either axle. (NOTE: Roll-back wrecker vehicles
are exempt from this requirement.)
(3) Axe. One (1) axe.
(4) Pry-bar. One (1) pry-bar or wrecking bar capable of prying open doors.
(5) Sling and stay-bar. One (1) sling and stay-bar, wheel lift device, or other type of device
capable of safely loading and protecting the disabled vehicle while being towed.
(6) Dual rear wheels. At least one (1) set of dual rear wheels for stability in towing another
vehicle.
(7) Winch. A winch or winches with a minimum factory rated capacity of eight thousand
pounds (8,000 lbs.) and equipped with a cable to be compatible with manufacturer’s specifications.
(8) Absorbent. An adequate supply of an absorbent capable of absorbing liquid spills from
vehicles (not including cargo spills); provided, the wrecker service or wrecker operator shall not
be required to pick up or dispose of the used absorbent. The Department recommends keeping at
least four (4) gallons of absorbent on each wrecker vehicle.
(c) Class AA-TM wrecker vehicles. Each Class AA-TM wrecker (medium truck wrecker), in
addition to the equipment required by subsection (a), shall be equipped with the following:
(1) Minimum vehicle requirements.
(A) Air brakes. Factory or certified installed full air brakes with a full tractor package
(hand control, in line foot valve, air hoses and trailer emergency valve) capable of
releasing the air brakes on a tractor-trailer and capable of operating the brakes of the towed
vehicle with the same application as the towing vehicle.
(B) Parking brake. Air-activated spring parking brake.
(C) GVWR compatibility. Wrecker body and equipment shall be compatible with the
chassis GVWR in size and shall be suitable by design to operate under emergency
conditions.
(i) Vehicle body must be capable of safely anchoring scotch blocks.
(ii) Vehicle must be designed to adequately anchor snatch blocks.
(2) Equipment requirements.
(A) Winch. A winch or winches with a minimum factory rated capacity of thirty
thousand pounds (30,000 lbs.) and be equipped with a cable to be compatible with
manufacturer’s specifications.
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(B) Boom. A boom or booms constructed so as to be compatible with winch rating.
(C) Snatch blocks. A minimum of two (2) snatch blocks compatible with winch cable
size and cable rating.
(D) Axe. One (1) axe.
(E) Pry-bar. One (1) pry-bar or wrecking bar capable of prying open doors.
(F) Sling and stay-bar. One (1) sling and stay-bar, wheel lift device, or other type of
device capable of safely loading and protecting the disabled vehicle while being towed.
(d) Class AA-TL wrecker vehicles. Each Class AA-TL wrecker (large truck wrecker), in addition
to the equipment required by subsection (a), shall be equipped with the following:
(1) Minimum vehicle requirements.
(A) Air brakes. Factory-installed or certified installed full air brakes with a full tractor
package (hand control, in-line foot valve, air hoses, and trailer emergency valve) capable of
releasing the air brakes on a tractor-trailer and capable of operating the brakes of the towed
vehicle with the same application as the wrecker.
(B) Parking brake. Air-activated spring parking brake.
(C) Axle and suspension.
(i) Minimum front axle and suspension of twelve thousand pounds (12,000 lbs.).
(Note: GVWR rating are altered or affected by tires, springs and axles.)
(ii) Minimum rear axle and suspension combination of thirty-two thousand pounds
(32,000 lbs.).
(iii) Be equipped with full-driven tandem axle (NOTE: A drag axle or pusher axle
is not acceptable).
(D) Wheel base. Minimum wheel base of two hundred inches (200").
(E) GVWR compatibility. Wrecker body and equipment shall be compatible with chassis
GVWR and size and shall be suitable by design to operate under emergency conditions.
(i) Body must be capable of safely anchoring scotch blocks.
(ii) Must be designed to adequately anchor snatch blocks.
(2) Equipment requirements.
(A) Winch(s) must have a factory rated capacity of at least forty thousand pounds (40,000
lbs.) and must be equipped with a cable to be compatible with manufacturer’s specifications.
(B) Boom(s) must be constructed as to be compatible with winch rating and must be
capable of being adjusted to accomplish proper weight distribution.
(C) Pry-bar. One (1) pry-bar or wrecking bar capable of prying open doors.
595:25-5-3. Operation
All operators using the public roads and highways within the State of Oklahoma shall comply with
the following:
(1) All operators shall require each driver of a wrecker vehicle be proficient in the operation
thereof, and be properly licensed for the type vehicle operated.
(2) No operator shall knowingly permit any operator of a wrecker vehicle to consume beer,
wine, intoxicating beverages, drugs or other stimulants or depressants while subject to call nor
knowingly permit any operator to come on duty after having inhaled or consumed any such
beverage, drug or other stimulants or depressants.
(3) No operator shall, within the previous five (5) years:
(A) have an unpardoned conviction for larceny or any felony nor knowingly employ
any person with such record, or
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(B) On or after July 15, 2007, any such person shall not be eligible for license until five
(5) years from end of incarceration or supervised release, including parole.
(4) No operator shall proceed to the scene of a collision or traffic tie-up without being
requested to do so by a law enforcement agency or the owner or driver of a vehicle involved.
(5) Any operator traveling on the roads and highways of the State of Oklahoma during the
normal course of his business may, upon arriving at the scene of a collision or traffic tie-up, stop
and assist in rendering emergency aid. However, the operator shall not solicit business directly or
indirectly from the owner or drivers at the scene.
(6) An operator at the scene of a collision or traffic tie-up is subject to the same traffic-control
directions issued by an officer to the motoring public.
(7) An operator shall not use the rotating or flashing light while traveling on the roadway en
route to any location. The use of the flashing or rotating light is authorized only in the vicinity of
hook-up or at the scene of a collision to protect the scene and the vehicle involved.
(8) Each operator must be a person of good moral character and reputation in his community,
as determined by the Commissioner of Public Safety, and conduct the operation of the storage
facilities and towing service in a responsible manner so as not to endanger the public safety of
persons or property of others in the custody of the operator.
(9) No operator shall tow a vehicle when the combined weight of the wrecker vehicle and the
wrecker supported weight of the towed vehicle exceeds the factory gross vehicle weight rating of
the wrecker vehicle, regardless of the weight for which the wrecker vehicle is licensed.
(10) No wrecker service shall suspend or abandon said service without prior written notice to
this Department of such intent and returning of all wrecker licenses issued.
(11) Wrecker services shall comply with 47 O.S. § 11-1110(C).
(12) Upon payment of the reasonable cost of removal, and storage of a stored vehicle, whether
stored at the request of law enforcement or a private property owner and recorded by the wrecker
service as provided in OAC 595:25-5-5(b), the vehicle shall be release to:
(A) the owner, upon presentation of evidence of ownership which is satisfactory to the
wrecker operator and required by 47 O.S. § 904, such as a certificate of title or recent
registration, or written verification from a local law enforcement agency as to the identity
of the owner, or other documentation acceptable to the wrecker owner/operator. If
unacceptable, the wrecker service shall explain why an ownership document is not
acceptable;
(B) a person representing the owner, upon presentation of the certificate of title, a
notarized letter from the owner permitting said person to act in behalf of the owner, and
proper personal identification, such as a driver license, of the representative, or written
verification from a local law enforcement agency as to the identity of the person
representing the owner;
(C) an individual with possessory interest in the vehicle, upon presentation of an
agreement with the owner of the vehicle giving that individual a present possessory
interest in the vehicle;
(D) a lienholder or a duly authorized agent of a lienholder, upon presentation to the
wrecker operator a recent repossession title receipt issued by the Oklahoma Tax
Commission and a hold-harmless letter; or
(E) the insurer of or the insurer accepting liability for or purchasing a motor vehicle
as provided in 47 O.S., Section 904, 953.1, or 953.2.
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(13) Personal property, which shall include everything in a stored vehicle except the vehicle
and its attached or installed equipment, shall be released, upon request, to the owner or owner’s
representative, upon showing of proof as described in (12) of this section, without the requirement
that the owner or owner’s representative pay towing and storage fees owing the wrecker service
as a condition of release of the personal property. The owner or owner’s representative shall be
required to comply with any city or county regulation or ordinance requiring the payment of fees
due to the city or county. The wrecker service may assess and collect lawful fees, such as after
hours fees or subcontractor fees but other than towing and storage fees, as a condition of release
of personal property to the owner or owner’s representative. Wrecker operators shall allow the
vehicle owner or owner’s representative to have access to the vehicle for the sole purpose of
retrieving ownership documentation, such as title or registration.
(14) Wrecker operators shall not call hazardous materials remediation companies unless at the
direction of the vehicle owner or a governmental agency.
(15) Each operator shall require each wrecker driver to maintain the appropriate driver license
for the type vehicle being operated.
(16) Each operator shall prohibit any known thief or felon from loitering, visiting, or otherwise
being on the premises of the place of business or any storage facility of the wrecker service.
(17) Each operator shall secure vehicles on roll back wreckers with four (4) point tie down.
Other wrecker vehicles shall secure vehicles in accordance with wrecker vehicle chassis
recommendations.
(18) A wrecker operator or driver responding to the scene of a motor vehicle collision in the
capacity of a first responder, fireman, or volunteer fireman shall not respond to the scene in a
wrecker vehicle.
(19) Each wrecker operator or driver shall wear high-visibility safety apparel, in compliance
with 23 C.F.R., section 634, when working in any highway right-of-way.
595:25-5-4. Insurance
(a) Liability for operator’s negligent acts. Each operator, from the time of movement of or
otherwise making contact with any vehicle to be towed, may be liable for injury to persons, damage
to property, fire or theft resulting from the operator’s negligent acts.
(b) Insurance policy. Each operator shall maintain a valid insurance policy issued by an insurance
company currently authorized to issue policies of insurance covering risks in the State of Oklahoma.
The insurance policy shall be issued for a period of at least six (6) months and shall protect the public
against loss of life, bodily injury to person, and damage to property in the following amounts:
(1) Class General or Class AA.
(A) Bodily Injury and Property Damage - Not less than One Hundred Thousand Dollars
($100,000.00) combined single limit coverage for bodily injury and/or property damage
as a result of the operation of the wrecker vehicle and/or as a result of the on-hook vehicle
causing the bodily injury and/or property damage.
(B) Garagekeeper’s Legal Liability - Not less than Fifty Thousand Dollars ($50,000.00)
in Garagekeeper’s Legal Liability with a deductible no greater than five hundred dollars
($500.00), which must include comprehensive perils to the towed vehicle while being
stored by the wrecker operator. Any General class wrecker service which does not have
storage facilities shall be exempt from the provisions of this subparagraph.
(C) On-Hook or In-Tow - Not less than Fifty Thousand Dollars ($50,000.00) in On-
Hook or In-Tow Coverage with a deductible no greater than Five Hundred Dollars
15
($500.00), which must include comprehensive perils and collision to the towed vehicle
while it is being towed by the wrecker operator.
(2) Class AA-TM.
(A) Bodily Injury and Property Damage - Not less than Two Hundred Thousand
Dollars ($200,000.00) combined single limit coverage for bodily injury and/or property
damage as a result of the operation of the wrecker vehicle and/or as a result of the on-hook
vehicle causing the bodily injury and/or property damage.
(B) Garagekeeper’s Legal Liability - Not less than One Hundred Thousand Dollars
($100,000.00) in Garagekeeper’s Legal Liability with a deductible no greater than five
hundred dollars ($500.00), which must include comprehensive perils to the towed vehicle
while being stored by the wrecker operator.
(C) On-Hook or In-Tow - Not less than One Hundred Thousand Dollars ($100,000.00)
in On-Hook or In-Tow Coverage with a deductible no greater than Five Hundred Dollars
($500.00), which must include comprehensive perils and collision to the towed vehicle
while it is being towed by the wrecker operator.
(3) Class AA-TL.
(A) Bodily Injury and Property Damage - Not less than Three Hundred Thousand
Dollars ($300,000.00) combined single limit coverage for bodily injury and/or property
damage as a result of the operation of the wrecker vehicle and/or as a result of the on-hook
vehicle causing the bodily injury and/or property damage.
(B) Garagekeeper’s Legal Liability - Not less than One Hundred Fifty Thousand
Dollars ($150,000.00) in Garagekeeper’s Legal Liability with a deductible no greater than
five hundred dollars ($500.00), which must include comprehensive perils to the towed
vehicle while being stored by the wrecker operator.
(C) On-Hook or In-Tow - Not less than One Hundred Fifty Thousand Dollars
($150,000.00) in On-Hook or In-Tow Coverage with a deductible no greater than Five
Hundred Dollars ($500.00), which must include comprehensive perils and collision to the
towed vehicle while it is being towed by the wrecker operator.
(4) All Wrecker Classes. Bailee Coverage - Not less than Two Thousand Five Hundred
Dollars ($2,500.00) for loss of contents of the vehicle with a deductible not greater than Five
Hundred Dollars ($500.00).
(c) Judgment. Any final judgment rendered by a court of competent jurisdiction against a wrecker
service or an owner or employee thereof, arising out of any services provided by the operator of or
any employee of the wrecker service, including towing or storage of towed vehicles, must be satisfied
within thirty (30) days. If such judgment is not timely satisfied, the wrecker license shall be revoked
and such revocation shall remain in effect until the judgment is satisfied. Provided, however, a release
or written agreement signed by the judgment creditor and approved by the Department shall reinstate
eligibility. Provided, if judgment is covered by insurance up to the amount and to the extent required
in the rules, this Subsection shall not apply.
(d) Carrier certification. The insurance company of each wrecker service shall certify to the
Department on a form prescribed by the Department that the insurance company will notify the
Department in writing at least ten (10) days before the date the company cancels such policy.
(e) Insurance information. An operator shall provide contact and other pertinent information
regarding the insurance company and policy covering the wrecker service to any person who might
be eligible to file a claim against the operator’s insurance policy.
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(f) A notice from the insurance company to the Department of insurance cancellation for non-payment
of the premium shall be sufficient reason for suspension of the wrecker service license.
595:25-5-5. Records
(a) Each operator shall comply with the provisions of 47 O.S. § 4-105(c), and provide a thirty (30)
day vehicle report to the Department. A junk vehicle may be reported beginning on the fifth day of
storage of the junk vehicle, and the vehicle report shall be notated with the word “JUNK”.
(b) Each operator shall maintain, on a form prescribed and furnished or approved by the Department,
a record system covering all services performed in pulling or towing all vehicles impounded for law
enforcement or at the request of private property owners, and such records shall include the following:
(1) The day and time the operator was contacted and requested to perform the service.
(2) The name of the person requesting this service.
(3) The location of the vehicle.
(4) A description of the towed vehicle, including license tag and vehicle identification number.
(5) The owner or driver of the vehicle when known.
(6) The service charge and fees.
(c) The operator shall maintain said records for at least three (3) calendar years from the date the
records are created.
(d) All records herein shall be stored in a manner which makes such records readily retrievable for
inspection or examination of an individual record by the Department.
(e) Every operator shall cooperate with the Department whenever the Department requests copies of
or finds it necessary to review, audit, examine, or investigate any records relating to the operation of
the wrecker service.
595:25-5-6. Schedule of rates and fees; indoor storage
(a) Schedule of Posting of schedule of rates and fees. The operator shall at all times keep a copy
of the current schedule of rates and fees, provided by the Department, posted in a conspicuous place,
readily accessible to the public.
(b) Posting of schedule. Fees for vehicles towed at the request of any law enforcement agency shall
not exceed fees for similar vehicles towed at the request of a driver or owner when said service is
provided under the same or similar conditions.
(c) Service fees. The operator shall charge fees based upon the classification of the towed vehicle,
as prescribed by the Department [47 O.S. §§ 953.1 and 953.2].
(d) Indoor storage. The operator shall not charge for indoor storage unless indoor storage:
(1) Has been specifically requested by the owner or operator of the vehicle,
(2) Has been ordered by the law enforcement officer requesting the towing and storage of the
vehicle, or
(3) Is necessary to prevent further damage to the vehicle and/or property if left outside in
inclement weather conditions.
(e) After hour release fee.
(1) Notification. Whenever the owner, leinholder, or agent of the owner or leinholder requests
after hour release of a stored vehicle, the wrecker operator or licensee shall notify the person that
after hour release of the vehicle may be more costly than releasing the vehicle during normal
business hours on the following day.
(2) Calculating the fee. The after hour release fee of Fifteen Dollars ($15.00) per quarter hour
[47 O.S., § 953.2(E)(3)] may include, as provided in this subsection, time spent by the wrecker
17
owner or operator during the period of time designated in 47 O.S. § 953.2(E)(2)(a):
(A) traveling to the location where the vehicle is stored,
(B) waiting for the person to whom the vehicle will be released,
(C) processing the vehicle and paperwork for release.
(3) Travel time. Travel time shall be calculated from the time the wrecker owner or operator
receives notification that after hour release of a vehicle is desired until the lesser of the following
occurs:
(A) thirty (30) minutes has expired, or
(B) the person to whom the vehicle is to be released meets the wrecker owner or operator
at the location where the vehicle is stored.
(4) Waiting time. Waiting time shall be calculated from the time the person picking up the
vehicle has requested to wrecker owner or operator to meet the person at the location where the
vehicle is stored until the lesser of the following occurs:
(A) one (1) hour has expired, except as provided in (7) of this subsection, or
(B) the person arrives at the location where the vehicle is stored.
(5) Processing time. Processing time shall be calculated from the time the person to whom the
vehicle is to be released arrives at the location where the vehicle is stored until such time as the
person actually removes the vehicle from that location.
(6) No-show. If the person to whom the vehicle is to be released does not present himself or
herself at the location where the vehicle is stored at the time requested or agreed upon by that
person, the wrecker owner or operator shall charge no more than one (1) hour waiting time.
(7) Extension of arrival time. If the person to whom the vehicle is to be released notifies the
wrecker owner or operator of a later arrival time than previously agreed upon, the wrecker owner
may extend the charge for waiting time for up to an additional hour, as provided in (4) of this
subsection, from the time of notification of the later arrival time. If the previous waiting time has
not exceeded one (1) hour, the wrecker owner or operator shall begin a new waiting time upon
receiving notification of the later arrival time. Nothing shall prohibit the wrecker owner or
operator from charging for waiting time for each such extension of the arrival time.
(8) Documentation. Any and all such times shall be documented on the invoice.
595:25-5-7. Tow request and authorization forms
(a) Wrecker services shall complete the Tow Request and Authorization Form prior to removal of
abandoned vehicles from real property.
(b) One copy of the Tow Request and Authorization Form shall be forwarded to the Department of
Public Safety, Wrecker Services Division, P. O. Box 11415, Oklahoma City, Oklahoma 73136, and
the local law enforcement agency, within seventy-two (72) hours from time of removal.
(c) The Tow Request and Authorization Form can be obtained from the Wrecker Services Division,
Department of Public Safety, Oklahoma City, Oklahoma 73136. Disposition of copies are as follows:
(1) Original copy to the Department of Public Safety. Facsimile in lieu of the original will be
accepted.
(2) One copy to the local law enforcement agency.
(3) One copy to be retained by the wrecker service.
(4) One copy to the real property owner, legal possessor or agent.
(d) Each wrecker operator shall be responsible for verifying the identity of the person signing the tow
request and authorization form and shall put the driver license number or state-issued identification
card number of that person on the tow request and authorization form.
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595:25-5-8. Conflicts of interest
There shall be no conflict of interest between the wrecker service and the owner or legal possessor,
or the agent of the owner or legal possessor, of real property from which a vehicle is towed or may
be towed by a wrecker service. The operator of a wrecker service, or any employee thereof, shall not
offer or attempt to offer to or shall not request or accept from the owner, legal possessor, or agent any
gratuity, kickback, exchange or promise of services, incentive, or any other thing of value.
19
SUBCHAPTER 7. CLASS AA OPERATORS
Section
595:25-7-1 Equipment requirements for all Class AA vehicles
595:25-7-2. Releasing and holding of vehicle by Class AA wrecker operators
595:25-7-1. Equipment requirements for all Class AA vehicles
(a) Each Class AA wrecker vehicle shall be equipped as required by OAC 595:25-5-2.
595:25-7-2. Release and holding of vehicle by Class AA wrecker operators
(a) Release. The Class AA wrecker operator shall at all times have a capable person available to
release impounded or stored vehicles within thirty (30) minutes.
(b) Exceptions to release of impounded or stored vehicles.
(1) Officers may have a legitimate need and reason to preserve the secured status of an
impounded or stored vehicle, including but not limited to:
(A) Failure to pay taxes due the State;
(B) Forfeiture proceedings under the Controlled Dangerous Substances Act [63 O.S.
§ 2-506]; or
(C) Evidentiary proceedings.
(2) In the event an officer determines a need exists to preserve the secured status of an
impounded or stored vehicle, the officer may direct the operator to place a hold thereon, which the
operator shall honor, subject to the following procedures.
(3) If the hold is because taxes due the State have not been paid, the operator shall not release
the vehicle until the owner, or another person as described in OAC 595:25-5-3(12), has furnished
proof from the Oklahoma Tax Commission or a motor license agent to the operator that the vehicle
has been duly registered and the license fee has been paid before the vehicle may be released to
the owner. Inquiry regarding this law may be made to the Oklahoma Tax Commission.
(4) If the stated reason for the hold is a forfeiture proceeding under the Uniform Controlled
Dangerous Substance Act, the operator may not release the vehicle unless authorization is received
either from the District Attorney’s Office of the county from which the vehicle was impounded
or from the impounding officer.
(A) If, after the expiration of seventy-two (72) hours from the time of impoundment
(excluding Saturday, Sunday and legal holidays), the operator has not received either the
court case number under which a forfeiture proceeding has been accepted and filed or a
release of the hold from the impounding officer, the operator shall contact the law
enforcement agency storing the vehicle, between 7:00 a.m. and 12:00 noon following such
seventy-two (72) hours period, advising the ranking supervisor on duty or dispatcher of
the following information:
(i) That the vehicle is being held for the filing of forfeiture proceedings;
(ii) That no court case number of forfeiture proceedings has been received;
(iii) Description of vehicle, including tag and vehicle identification number;
(iv) Vehicle owner, if known;
(v) Date and time of impoundment;
(vi) County from which the vehicle was impounded;
(vii) Name of impounding officer;
(viii) Name and telephone number of operator submitting the above information.
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(B) The supervisor may direct the impounding officer to verify the decision of the
District Attorney and to notify the operator:
(i) Of the forfeiture proceedings style and case number; or
(ii) That the hold is cancelled because the District Attorney has declined
forfeiture proceedings and therefore, the vehicle may then be released in
accordance with (a) and (b) of this Section.
(C) Any vehicle seized or stored for forfeiture proceedings under the Uniform
Controlled Dangerous Substance Act is considered to be in the custody of the District
Attorney of the county where the property was seized [63 O.S. § 2-506 (K)] and therefore
the operator may contact that office regarding any matter relating to such vehicle, in
addition to the foregoing procedure.
(5) If the hold is for evidentiary proceedings or for any stated reason other than taxes or
forfeiture described above, or if the officer fails to state a reason, then the hold shall expire forty-eight
(48) hours from the time of impoundment (if not released earlier by the officer), and the
operator shall not honor the hold beyond the forty-eight (48) hour period without express direction
of the law enforcement agency storing said vehicle. The vehicle may then be released in
accordance with the provisions of this Chapter.
(c) Court orders regarding impounded or stored vehicles. If any rule provided, herein conflicts
with a court order served upon the operator relating to impoundments, release, storage or other matter
relating to the wrecker service, the court order shall take precedence.
(d) Release to another wrecker service.
(1) When a wrecker service is to lawfully obtain a vehicle from another wrecker service which
originally towed the vehicle, the original wrecker service shall:
(A) allow the other wrecker service to enter its premises and remove the vehicle, or
(B) if the original wrecker service does not allow the other wrecker services on its
premises to make the tow, the original wrecker service shall properly tow the vehicle to
a mutually agreeable site in order to transfer the vehicle to the requesting wrecker service.
(2) If a wrecker service denies access onto its premises by any wrecker service which is
lawfully entitled to remove a vehicle or property, the original wrecker service shall not charge any
fee to any other wrecker service for the performance of any service in relation to the transfer of
a vehicle from one wrecker service to another as prescribed by (1).
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SUBCHAPTER 9. OKLAHOMA HIGHWAY PATROL ROTATION LOG -
ADDITIONAL REQUIREMENTS
Section
595:25-9-1. Oklahoma Highway Patrol Rotation Log
595:25-9-2. Operator requirements
595:25-9-3. Rotation calls for truck wreckers (Class AA-TL)
595:25-9-1. Oklahoma Highway Patrol Rotation Log
(a) Official Rotation Log. The Department of Public Safety maintains two (2) official Oklahoma
Highway Patrol Rotation Logs, a Class AA wrecker log and a Class AA-TL wrecker log, each of
which shall consist of licensed wrecker services for the performance of services carried out pursuant
to the request of or at the direction of any officer of the Department [47 O.S. §952(D)].
(b) Request for placement on the Rotation Log. A licensed Class AA wrecker service desiring to
be placed on the Highway Patrol Rotation Log in the Highway Patrol Troop District in which the place
of business and the primary storage facility of the wrecker service is located shall file a written request
with the Department, pursuant to (e) of this Section . [47 O.S. §952(D)]
(c) Assignment to the Rotation Log. If a request for placement on the Rotation Log is approved by
the Department, the wrecker service shall be assigned by the Department to the Highway Patrol Troop
District specified on the request. Both the Troop Commander of the Troop District and the wrecker
service will be notified by the Department of the assignment of the wrecker service to the Rotation
Log. [47 O.S. §952(D)]
(d) Geographical areas of rotation. [47 O.S. §955(C)]
(1) The Director of the Wrecker Services Division shall be responsible for establishing
geographical areas of rotation within the Troop District to which wrecker services on the District’s
Rotation Log will be assigned for operation when responding to calls for service from the Rotation
Log. The Director shall notify each wrecker service of the geographical area of rotation to which
it is assigned.
(2) The Director will establish each geographical area of rotation based upon a reasonable
radius from the primary storage facility of each wrecker service operating within the geographical
area. The reasonable radius will be determined by the Director based upon:
(A) the estimated time it will take the wrecker service to respond to calls for service,
(B) the number of wrecker services available on the Rotation Log,
(C) conformity with 47 O.S. §955(C),
(D) consideration of the economic impact of the wrecker services rates and fees and
charges [see 47 O.S. §953.1 regarding maximum fees and charges for wrecker services],
as prescribed by the Corporation Commission, on the owner or lienholder of the vehicle;
and
(E) other factors within the Troop District as deemed appropriate by the Director.
(3) The Director may overlap geographical areas of rotation whenever necessary to ensure
adequate response to requests for wrecker services.
(4) The Director may modify geographical areas of rotation for the Troop District at any time
and for just cause, but shall notify as soon as practicable each wrecker service affected of such
modifications.
(5) The Director may extend any geographical area of rotation by a reasonable radius beyond
the boundaries of the Troop District to include on the rotation log of the District a wrecker service:
22
(A) which is located outside of but in proximity to the boundary of the District, and
(B) upon receiving notification from the Department of the approval of the wrecker
service for placement on the rotation log for the District of the Commander.
(6) Nothing in this Section shall prohibit the Troop Commander from using the services of any
licensed wrecker service:
(A) outside of its assigned geographical area of rotation, or
(B) which has not been assigned to the Rotation Log of the Troop District.
(e) Forms. A request for placement on any rotation log shall be filed by the wrecker service with the
Department of Public Safety on a form prescribed and provided by the Department [47 O.S. §952(D)].
When requesting placement on a rotation log, the wrecker service shall provide on the request one (1)
telephone number to be used for request of services during the day and one (1) telephone number to
be used for request of services during the night, specifying the time period of normal use; these
numbers shall also be on file with the Wrecker Services Division. Any change in the telephone
numbers shall be immediately transmitted to:
(1) the Troop Commander(s) of the Oklahoma Highway Patrol Troop District(s) on whose
Rotation Log the wrecker service has been assigned, and
(2) the Wrecker Services Division of the Department of Public Safety.
(f) Request for removal from the Rotation Log. A licensed Class AA wrecker service desiring to
be removed, whether temporarily or permanently, from the Highway Patrol Rotation Log on which
it was placed, pursuant to this section, shall file a written request with the Department. The wrecker
service shall not contact the Troop Commander(s) of the Troop District(s) for removal from the
Rotation Log.
595:25-9-2. Operator requirements
Operators on the Rotation Log shall comply with the following:
(1) When more than one (1) vehicle is towed on one (1) call, each tow shall be counted as
another call to that operator.
(2) When an operator receives a request for services from the Oklahoma Highway Patrol and
no services are rendered for which the operator is able to receive compensation, the operator shall
not lose position on the Rotation Log.
(3) If an operator has received a request for services, but does not respond to the scene within
a reasonable length of time, including but not limited to such factors as distance from the scene,
weather, and nature of the collision or traffic tie-up, the Oklahoma Highway patrol may request
the services of the next operator on the Rotation Log. Under these circumstances, the operator who
receives the first request shall lose position on the Rotation Log.
(4) When an emergency condition exists, the Oklahoma Highway Patrol reserves the right to
request the services of any appropriately equipped and licensed wrecker service best able to handle
the emergency and can reach the scene in the shortest time, regardless of the operator’s position
on the Rotation Log. Said call shall count as a call on the Rotation Log.
(5) Only one (1) wrecker service shall be approved for Highway Patrol rotation at any one
place of business and/or storage facility, unless otherwise approved by the Commissioner.
(6) Wrecker services shall respond to Highway Patrol requests only in a wrecker vehicle licensed
to the requested wrecker service, unless otherwise approved by the Commissioner.
(7) Every wrecker service on the Highway Patrol Rotation Log shall maintain twenty-four (24)
hour service.
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(8) A wrecker service called from the Highway Patrol Rotation Log shall not accept a request
for services unless the operator has a vehicle immediately available to perform the requested
service.
(9) Each operator shall require each driver responding to a request to maintain the appropriate
driver license for the type vehicle being operated.
(10) Each operator shall require each driver to obey in good faith the rules of the road.
(11) Each operator shall prohibit any known thief or felon from loitering, visiting, or otherwise
being on the premises of the place of business or any storage facility of the wrecker service.
(12) Every operator shall accept each Oklahoma Highway Patrol call unless there exists a valid
reason for refusal.
(13) Each operator shall provide service for a minimum of seventy-five (75%) percent of the
requests made by the Highway Patrol to be computed on a quarterly basis. Failure to meet this
standard for any reason shall be grounds for removal from the Oklahoma Highway Patrol Rotation
Log.
(14) Any Class AA wrecker operator who uses an answering service as a means of dispatch and
who fails to properly respond in a timely manner, as determined by the Director of the Wrecker
Services Division, to a rotation call request may have the Class AA license revoked for failure to
properly respond to rotation call requests. The operator shall not be licensed as a Class AA
wrecker service while utilizing the same answering service as a means of dispatch.
(15) Persons responding to calls must be able to speak and understand the English language.
(16) A wrecker operator shall respond to law enforcement agencies’ wrecker service requests
with a wrecker vehicle and operator capable of efficiently uprighting an overturned vehicle,
pulling or winching a vehicle back onto the roadway, lifting a vehicle off a victim, or assisting
with opening a vehicle to extricate a victim. In addition, the wrecker vehicle shall be equipped to
remove a disabled vehicle without inflicting further damage to the disabled vehicle.
(17) If two or more vehicles are involved in a collision and two or more wrecker services are
called the following shall apply:
(A) The first wrecker service arriving at the scene will tow the vehicle causing the
greatest traffic hazard, which shall be determined by the investigating officer.
(B) If a requested wrecker service is first on scene, said wrecker service will assist in
removing the vehicle causing the traffic hazard from roadway, then will proceed to pick
up the vehicle it has been requested to tow.
(18) Any wrecker service having a wrecker vehicle with major or critical mechanical failure
or failing to meet equipment requirements, which does not have another wrecker vehicle of the
same classification approved for rotation, shall become temporarily unavailable for rotation until
the wrecker vehicle has been approved to return to service or a new wrecker vehicle of the same
classification has been inspected, if necessary, and approved by the Department.
(19) A wrecker service shall become temporarily unavailable for rotation if there is no approved
Certificate of Insurance (WA) filing on file with the Department for the wrecker service or
wrecker vehicles approved for rotation.
(20) Any wrecker service with a wrecker vehicle displaying an expired tag, which does not have
another wrecker vehicle of the same classification approved for rotation, shall become temporarily
unavailable for rotation until the wrecker license plate has been renewed and is properly displayed
on the wrecker vehicle.
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595:25-9-3. Rotation calls for truck wreckers (Class AA-TL)
Rules governing the rotation calls for Class AA-TL truck wrecker operators shall be the same as
the rules governing the rotation calls for all other Class AA wrecker operators, except that in the case
of truck wreckers the involved Trooper and/or the dispatcher shall have and be free to exercise his or
her discretion as provided for in this section. If, in the judgment of any involved trooper and/or
dispatcher, a Class AA-TL truck wrecker operator within a service area is needed because of an
emergency situation, such wrecker service may be called without regard to position on the truck
wrecker log except in relation to other operators also meeting the additional Class AA qualities in the
service area.
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SUBCHAPTER 11. DENIAL, SUSPENSION, REVOCATION OR CANCELLATION OF
LICENSE; DENIAL OR REMOVAL OF CLASS AA OPERATORS FROM ROTATION
LOG OF THE OKLAHOMA HIGHWAY PATROL
Section
595:25-11-1. Failure to qualify
595:25-11-2. Violation of Rules
595:25-11-3. Procedure
595:25-11-1. Failure to qualify
The Department may deny or cancel the license, and/or remove from the Rotation Log, as
applicable, any operator who fails to qualify therefore as provided in the rules of this Chapter and the
laws of 47 O.S.
595:25-11-2. Violation of Rules
(a) The Department may deny, suspend, cancel, or revoke the license, and/or remove from the
Rotation Log, as the case may be, any operator who has committed a violation of the rules of this
Chapter or the laws of 47 O.S.
(b) The Department may institute, when circumstances warrant for offenses which occur within four
(4) years of each other and as prescribed in OAC 595:25-11-3, a system of progressive discipline of
any wrecker service which shall consist of:
(1) for a first offense as provided in (a), a letter of reprimand,
(2) for a second offense as provided in (a), a suspension of the wrecker license from the OHP
rotation log for ten (10) days if applicable, and
(3) for a third offense as provided in (a), a suspension of at least thirty (30) days and no more
than ninety (90) days.
595:25-11-3. Procedure
In the event that the Department has determined that a license should be denied, suspended,
revoked or cancelled, or that an operator should be denied or removed from the Rotation Log for any
reason, or both, the following procedures shall apply in accordance with the Administrative
Procedures Act, 75 O. S. § 309, et seq.
(1) The Department shall send by first-class mail Notice of Department Action containing all
information required by 75 O.S. § 309, et seq., to the concerned applicant or operator at the last
known address as reflected by the records of the Department. The Department shall follow up the
mailed Notice with a documented telephone call to the telephone number on file with the
Department for the wrecker service to ensure the wrecker service has received and understands
the Notice.
(2) The notice shall provide that the Department action shall become effective fifteen (15)
days after date of mailing to the applicant or operator, unless the applicant or operator timely files
a written request for a hearing with the Department of Public Safety, Wrecker Services Division.
Such request shall be timely when filed prior to the effective date of the Department Action.
(3) If a timely hearing is requested, the hearing shall be scheduled not less than seven (7) days
nor more than fifteen (15) days from the date the Department receives the request.
(4) The Department hearing officer shall be designated by the Commissioner, and each party
shall be afforded an opportunity to be heard and to present evidence.
26
(5) The hearing officer shall render a decision based upon the law and the evidence presented
ans shall enter an appropriate final order regarding the matter. Each party shall be promptly
notified either personally or by mail.
(6) Unless the hearing officer timely receives a written request for a rehearing, reopening or
reconsideration of the decision as provided by the Administrative Procedures Act, the final order
will become effective ten (10) days after the entry of the decision.
(7) If an applicant operator fails to appear at the scheduled hearing without good cause, the
hearing officer shall record the nonappearance and enter a final order reflecting the effective date
prescribed in (2) of this Subsection, in lieu of the decision and final order as prescribed in (5) and
(6) of this Subsection. Each party shall be promptly notified thereof either personally or by mail.
(8) If the Department representative fails to appear without good cause, the hearing officer
shall record the nonappearance and enter a final order of dismissal of the Department Actions. The
order of dismissal shall be without prejudice if the basis for the action constitutes noncompliance
or a continuing violation of these rules. Each party shall be promptly notified thereof either
personally or by mail.
(9) Where a timely written request for rehearing, reopening or reconsideration of the case is
received, the Department Action shall be stayed until ten (10) days after an order is issued
concerning the request for rehearing, reopening or reconsideration of the case.
(10) Notwithstanding (2) through (9) of this Subsection, Department Action shall become
effective immediately where:
(A) An original application for a license or placement on the Rotation Log is denied
for failure to qualify under this Chapter.
(B) The Department finds that the health, safety, or welfare of the public imperatively
requires such action and finding to that effect is incorporated in its order, pursuant to the
Administrative Procedures Act, 75 O.S. § 314(c).
(11) Where the Department has determined that a minor disqualification and/or violation exists
which may be readily rectified by the applicant or operator, the Department of Public Safety may
informally notify such party by mail or telephone of such minor disqualification or violation, with
a request for compliance with a specified period of time. If such party fails to rectify the minor
disqualification or violation, the Department may proceed according to other provisions of this
Subchapter.
27
TITLE 47 MOTOR VEHICLES
CHAPTER 71. ABANDONMENT OF VEHICLES
TITLE 47 § 901. Abandonment Unlawful–Determination
It shall be unlawful to abandon a motor vehicle on a highway or other public property. Any
member of the Oklahoma Highway Patrol or any qualified sheriff, deputy sheriff or any member of
any city police department shall deem a vehicle abandoned and shall have the authority to remove or
direct the removal of a vehicle when found upon any portion of the highway, shoulder, or right-of-way,
if after a period of forty-eight (48) hours there is no evidence of an apparent owner who intends
to remove the vehicle.
TITLE 47 § 902. Authorization to Remove Abandoned Vehicle
If such officer has reasonable cause to believe a vehicle has been abandoned in a location which
would be hazardous to the free flow of traffic or be highly susceptible to damage from vandalism or
other harm, he shall have the authority to remove or direct the removal of the vehicle immediately.
At the time of ordering the removal of an abandoned vehicle, the authorizing officer shall also
determine the sale value of the vehicle and certify that amount on the removal order.
TITLE 47 § 903. Notice of Removal–Civil Liability
Any such officer who has directed the impoundment of any vehicle, or an authorized person in
the employing agency of the officer, shall within seventy-two (72) hours of the impoundment notify
the Department of Public Safety of such impoundment. The notice of impoundment shall contain the
name and address of the owner, if known, the make, model, vehicle identification number, registration
number, date stored, place stored and the estimated value of the vehicle as determined by the officer.
Upon receipt of such notice of impoundment, the Department of Public Safety shall, within seventy-two
(72) hours, request the Oklahoma Tax Commission or other appropriate motor license agent to
furnish the name and address of the owner of and any lienholder on the vehicle and shall within three
(3) days from receipt of the requested information send a notice to the owner and any lienholder by
regular mail, postage prepaid, at the addresses furnished by the Tax Commission or motor license
agent, of the location of the vehicle. This section shall not be construed to create any civil liability
upon the state, any agency of the state or employee thereof for failure to provide such notice to the
owner or lienholder.
TITLE 47 § 903A. Contest of Removal or Storage–Hearing–Exemptions
A. After the removal or storage of any abandoned or wrecked vehicle at the request of a public
agency, the registered or legal owner of the vehicle, or their agent, may contest the validity of the
removal or storage, by filing a written request for a hearing with the public agency. The written
request may be filed before or after the vehicle is retrieved from the storage operator. Provided,
however, the public agency shall not be required to conduct a hearing if the request is received more
than ten (10) days following actual or constructive notice to the owner or driver of the vehicle that said
vehicle has been so removed or stored. Any such hearing shall be scheduled within seventy-two (72)
hours of the request, excluding weekends and holidays. The public agency may authorize its own
officer or employee to conduct the hearing, so long as the hearing officer is not the same person who
directed the removal or storage of the vehicle. The public agency may, with the consent of the person
requesting the hearing, schedule the hearing by telephone and conduct the hearing on the merits by
telephone conference call.
28
The hearing officer shall apply the law to the evidence and make a determination whether the
vehicle removal and storage was justified. If deemed unjustified, the public agency shall bear the cost
of hookup and tow mileage, and the operator shall waive all storage costs in such cases as a condition
of eligibility to respond to a service call request from a public agency. The vehicle owner or agent
shall not be charged any type of fee or costs relating to impoundment or storage in such case. If the
tow and storage is deemed justified, the owner or agent shall bear the cost of reasonable tow and
storage. In either case, prior to the release of the vehicle to the owner or agent, proof of security or an
affidavit that the vehicle will not be used on public highways or public streets, as required pursuant
to Section 7-600 et seq. of this title, shall be furnished to the public agency.
B. Failure of either the registered or legal owner, or their agent, to timely request or to timely
appear upon a scheduled hearing shall satisfy the hearing requirement of this section.
C. The hearing conducted by the public agency pursuant to this section shall not be governed
by the Administrative Procedures Act, Section 301 et seq. of Title 75 of the Oklahoma Statutes. The
owner of a stored vehicle may, either in lieu of such hearing or after such hearing, file a petition in the
district court of the county wherein the vehicle is stored. The district court is vested with original
jurisdiction to conduct a de novo hearing and determine the validity of removal and storage.
D. The provisions of this section shall not apply to the removal of vehicles abated pursuant to
Section 954A of this title.
TITLE 47 § 904. Payment of Cost of Removal and Storage
The owner of a motor vehicle or lienholder of the vehicle abandoned in violation of Section 901
et seq. of this title, or the owner of any vehicle or lienholder of the vehicle or insurer accepting
liability for paying a claim on a vehicle or purchasing the vehicle as a total loss vehicle from the
registered owner which shall have been lawfully removed from any highway or other public property
may regain possession of the vehicle in accordance with regulations of the Department of Public
Safety upon payment of the reasonable cost of removal and storage of such vehicle. The operator is
authorized to collect all lawful fees 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 registered owner of the towed vehicle for the performance
of any and all such services. 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 on the vehicle or purchasing the vehicle where the vehicle is to be moved
to an insurance pool yard for sale.
The cost of removal and storage shall be paid to the wrecker or towing service.
TITLE 47 § 904.1. Lienholder Defined
A lienholder as used in Sections 903, 904 and 954A of this title shall mean those lienholders as
shown on the vehicle title.
TITLE 47 § 907. Special Liens
Every person lawfully in possession of an abandoned vehicle shall have a special lien thereon for
the compensation due him from the owner of such abandoned vehicle for all expenses incurred.
TITLE 47 § 908. Foreclosure of Lien–Notice
Said lien may be foreclosed by a sale of such abandoned vehicle upon giving notice and in the
manner following: The notice shall contain:
29
(a) The name of the party bringing action and the name of the owner or any person claiming any
interest therein.
(b) A full description of the vehicle, giving all available information as to the make, year, serial
number, license tag with year and the state from which the tag was issued.
(c) A full statement of all the facts.
(d) The amount of the claim, giving a full description of the work, labor, storage or any other
costs involved.
(e) The date, time and place of the sale.
(f) The notice shall be posted in three public places in the county in which the vehicle is to be
sold at least ten (10) days before the time specified therein for such sale, and a copy of said notice
shall be mailed to the owner and any other person claiming any interest in the abandoned motor
vehicle, at their last-known mailing address, by registered mail on the same date of posting said notice.
TITLE 47 § 909. Time to Commence Proceedings
Proceedings for such sale under this act shall not be commenced until ten (10) days after said lien
has accrued.
TITLE 47 § 910. Return of Sale
A return of such sale shall be made at the time of sale and proof of posting and mailing of the
notice of sale of abandoned vehicle.
TITLE 47 § 911. Disposition of Proceeds of Sale
The proceeds from the sale of an abandoned vehicle made pursuant to Section 908 of this title shall
be applied in the following order:
1. to the reasonable cost incurred in the sale of the abandoned vehicle;
2. to the satisfaction of the special lien provided for in Section 907 of this title;
3. to the satisfaction of any indebtedness secured by a subordinate security interest or lien in the
vehicle;
4. to the owner if such owner is known, and if such owner or the address of such owner is not
known, to the Oklahoma Tax Commission to be remitted to the State Treasurer and by him deposited
in the General Revenue Fund.
TITLE 47 MOTOR VEHICLES
CHAPTER 72. WRECKERS AND TOWING SERVICES
TITLE 47 § 951. Definitions
As used in Sections 951 through 965 of this title and Sections 1 through 3 of this act:
1. “Wrecker or wrecker vehicle” means any motor vehicle that is equipped with any device
designed to tow another vehicle or combination of vehicles. The use of the term “wrecker” or
“wrecker vehicle” shall be construed to include a combination wrecker or combination wrecker
vehicle, as defined in paragraph 2 of this section, unless a specific differentiation is otherwise
described;
30
2. “Combination wrecker” or “combination wrecker vehicle” means any wrecker vehicle which
is designed and equipped with two separate and distinct devices to tow simultaneously two or more
other vehicles or combinations of vehicles, whether or not both devices are in use simultaneously. One
of the devices shall allow another vehicle to be loaded onto and transported upon the wrecker vehicle,
and one of the devices shall allow another vehicle to be attached to and pulled by the wrecker vehicle;
3. “Tow” or “towing” means the use of a wrecker vehicle to lift, pull, move, haul or otherwise
transport any other vehicle by means of:
a. attaching the vehicle to and pulling the vehicle with the wrecker vehicle, or
b. loading the vehicle onto and transporting the vehicle upon the wrecker vehicle;
4. “Rollback equipment” means a towing device or equipment upon which the towed vehicle
is loaded and transported, removing the towed vehicle completely from the surface of the roadway.
The term “rollback equipment” shall include car haulers;
5. “Dolly” means a towing device or equipment which lifts and suspends one axle of the towed
vehicle above the surface of the roadway;
6. “Wrecker or towing service” means engaging in the business of or performing the act of
towing or offering to tow any vehicle, except:
a. where the operator owns the towed vehicle and displays on both sides of the wrecker
vehicle in plainly visible letters not less than two (2) inches in height the words “NOT
FOR HIRE”,
b. where the service is performed by a transporter as defined in Section 1-181 of this title,
c. where service is performed in conjunction with the transportation of household goods and
property,
d. where the wrecker vehicle is owned or operated by the United States government, the State
of Oklahoma, or any department or political subdivision thereof, or
e. where the service is performed by an out-of-state wrecker service at the request of the
vehicle owner or operator, the vehicle is not involved in a collision, and is being towed:
(1) in either direction across the border between Oklahoma and a neighboring state,
or
(2) through Oklahoma in transit to another state;
provided, the out-of-state wrecker service shall comply with all other requirements regarding
interstate commerce as set forth in law;
7. “Commissioner” means the Commissioner of Public Safety;
8. “Commission” means the Corporation Commission;
9. “Department” means the Department of Public Safety;
10.“Nonconsensual tow” means the transportation of a vehicle without the consent or knowledge
of the vehicle’s owner, possessor, agent, insurer, lienholder, or any other person in possession of or
in charge of any vehicle and includes the transportation or towing of the vehicle under lawful
circumstances or necessity for the public interest including removing from the roadway for public
safety or public convenience, or accidents, by any law enforcement officer or property agent or
removal from public or private property as a result of abandonment or unauthorized parking by the
property owner, agent, possessor, or other legal entity for the property owner;
11. “Operator” means any person owning or operating a wrecker vehicle or wrecker or towing
service;
12. “Officer” means any duly authorized law enforcement officer;
13. “Roadway” means any public street, road, highway or turnpike or the median, easement or
shoulder of a roadway;
14. “Service call” means the act of responding to a request for service with a wrecker vehicle in
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which a service is performed; and
15. “Vehicle” shall:
a. have the same meaning as defined in Section 1-186 of this title, and
b. for the purposes of this chapter when referring to a vehicle or combination of vehicles
being towed or stored, include a vessel. The term “vessel” shall have the same meaning
as defined in Section 4002 of Title 63 of the Oklahoma Statutes.
TITLE 47 § 952. Rulemaking Authority – Requests for Service by Political Subdivisions –
Official Rotation Logs
A. Except for the rates established by the Corporation Commission and other provisions as
provided for by law, the Department of Public Safety shall have the power and authority necessary
to license, supervise, govern and control wrecker vehicles and wrecker or towing services.
B. The Department of Public Safety shall adopt and prescribe such rules as are necessary to carry
out the intent of Section 951 et seq. of this title.
The rules shall state the requirements for facilities, for storage of vehicles, necessary towing
equipment, the records to be kept by operators, liability insurance and insurance covering the vehicle
and its contents while in storage in such sum and with such provisions as the Department deems
necessary to adequately protect the interests of the public, and such other matters as the Department
may prescribe for the protection of the public.
C. Unless otherwise regulated by the governing body of the political subdivision, the wrecker
vehicle used to perform wrecker or towing services requested by a political subdivision of this state
for removal of a vehicle from public property for reasons listed in Section 955 of this title shall be
from the licensed wrecker or towing service whose location is nearest to the vehicle to be towed.
Request for service may be alternated or rotated among all such licensed wrecker or towing services
which are located within a reasonable radius of each other. In cities of less than fifty thousand
(50,000) population, all such licensed wrecker or towing services located near or in the city limits of
such cities shall be considered as being equal distance and shall be called on an equal basis as nearly
as possible. The police chief of any municipality and the county sheriff of each county shall keep
rotation logs on all requested tows, except where there are insufficient licensed wrecker or towing
services available to rotate such services or services are contracted after a competitive bid process.
Rotation logs shall be made available for public inspection upon request. Any calls made from cell
phones or two-way radios by any law enforcement officer or employee of any municipality or county
to any wrecker service shall be listed on the rotation or call logs and made available for public
inspection. A wrecker service shall not be removed from rotation without notification to the wrecker
operator stating the reason for removal from the rotation log. All notification for removal from a
rotation log shall be mailed to the wrecker service owner at least ten (10) days before removal from
the rotation log and shall state the procedure and requirements for reinstatement.
D. Except as otherwise provided in this subsection, the Department and any municipality, county
or other political subdivision of this state shall not place any wrecker or towing service upon an
official rotation log for the performance of services carried out pursuant to the request of or at the
direction of any officer of the Department or municipality, county or political subdivision unless the
service meets the following requirements:
1. Principal business facilities are located within Oklahoma;
2. Tow trucks are registered and licensed in Oklahoma; and
3. Owner is a resident of the State of Oklahoma or the service is an Oklahoma corporation.
In the event a licensed wrecker or towing service is not located within a county, a wrecker or
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towing service that is located outside of the county or this state and does not meet the above
qualifications may be placed on the rotation log for the county or any municipality or political
subdivision located within the county.
When performing services at the request of any officer, no operator or wrecker or towing service
upon the rotation logs shall charge fees in excess of the maximum rates for services performed within
this state, including incorporated and unincorporated areas, as established by the Commission.
E. The Department shall place a licensed Class AA wrecker service on the Highway Patrol
Rotation Log in a highway patrol troop district in which the place of business and the primary storage
facility of the wrecker service are located upon written request filed by the wrecker service with the
Department. Upon further request of the wrecker service, the Commissioner of Public Safety or the
Department employee with statewide responsibility for administration of wrecker services may place
a wrecker service on the Highway Patrol Rotation Log in a district adjacent to the district in which
the place of business and the primary storage facility of the wrecker service are located if the wrecker
service is in proximity to and within a reasonable radius of the boundary of the district. When a
wrecker service is placed on the rotation log in a district, the Department shall notify the wrecker
service and the troop commander of the district.
F. The Commissioner of Public Safety or the Department employee with statewide
responsibility for administration of wrecker services shall be responsible for establishing geographical
areas of rotation within the troop districts and for notifying each wrecker service of the geographical
areas of rotation to which the service is assigned.
G. The Department shall make all rotation logs available for public inspection at the state office
and shall make rotation logs for a highway patrol troop district available for public inspection at the
district office.
TITLE 47 § 953. Licenses – Fees – Renewal – Disciplinary Actions – Civil Enforcement Actions
A. No operator shall be permitted nor shall any employee of any operator be permitted, allowed
or caused to solicit business or make service calls without the operator first having obtained from the
Department of Public Safety a license to operate a wrecker or towing service. The number of the
license shall be displayed, in conformance with rules of the Department, on both sides of every
wrecker vehicle operated by the wrecker or towing service.
B. The license fee required by this section shall be in lieu of the motor carrier filing fee as
required in Section 165 of this title. No applicant for a wrecker license shall be required to prove
public convenience and necessity, file notices, nor shall a public hearing be held. The fee for such
license shall be One Hundred Dollars ($100.00), of which Ten Dollars ($10.00) shall be allocated to
the Department for the administration of Section 951 et seq. of this title.
C. All licenses shall expire on the last day of the calendar year and may be renewed annually at
a cost of Fifty Dollars ($50.00) upon application to the Department as prescribed by rule. No license
fee shall be refunded in the event that the license is suspended or revoked.
D. The Department shall issue a letter of reprimand, cancel, suspend, revoke, or refuse to issue
or renew the license of an operator when it finds the licensee or applicant has not complied with or
has violated any of the provisions of Section 951 et seq. of this title, or any rules adopted by the
Department. A suspension or revocation shall be for a period of time deemed appropriate by the
Department for the violation. Any canceled, suspended, or revoked license shall be returned to the
Department by the operator, and the operator shall not be eligible to apply for another license until
the period of suspension or revocation has elapsed.
E. The provisions of the Oklahoma Administrative Procedures Act1 are expressly made
applicable to Section 951 et seq. of this title.
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F. In any civil action to enforce the equal application of the alternation or rotation of wrecker
or towing services regulated by a political subdivision of the state, the prevailing party shall be
allowed attorney fees determined by the court, to be taxed and collected as costs.
G. Fees collected pursuant to the provisions of this section shall be remitted to the State
Treasurer to be credited to the General Revenue Fund in the State Treasury except as provided by
subsection H of this section.
H. Fees allocated to the Department by this section shall be deposited in the Department of
Public Safety Revolving Fund.
1 Title 75, § 250 et seq.
TITLE 47 § 953.1. Maximum Fees and Charges
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, including
incorporated and unincorporated areas, by a wrecker 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 nonconsensual 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 towing 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 required 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;
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 service; and
4. The operator is authorized 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 subsection D 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
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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 D of this
section nor may hookup or mileage charges, 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 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. 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 E of this section.
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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 C 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.
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 ½) minutes. However, if the service subject to an hourly rate is performed in
less than two (2) hours, the charge applicable for two (2) hours may be assessed, except as provided
for in subsection C of this section.
2. Maximum hourly rates for wrecker or towing services 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 for 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:
GVWR of Wrecker Vehicle
(In pounds)
Rate Per
Hour
Rate Per
15 Minutes
8,000 or less
8,001 to 24,000
24,001 to 44,000
44,001 or over
Combination wrecker vehicle
with GVWR of 24,000 or over
$60.00
$80.00
$120.00
$180.00
$180.00
$15.00
$20.00
$30.00
$45.00
$45.00
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4. a. Maximum hourly rates for extra labor shall be Thirty Dollars ($30.00) per person 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 operator’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 charges.
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 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 F 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 and lading)
Single vehicle: 8,000 or less
Single vehicle: 8,001 to 12,000
Single Vehicle: 12,001 to 24,000
Single Vehicle: 24,001 or over
Combination of vehicles
Rate
$65.00
$75.00
$85.00
$95.00
$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,
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.
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2. Maximum additional service rates shall be as follows:
Weight of Towed
Vehicle (In pounds,
including equipment
and lading)
Disconnect
Drive Line;
Remove Axle
Service Performed
Reconnect
Drive Line;
Replace Axle
Use of Dolly
or Rollback
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. An operator shall be required to provide reasonable documentation to substantiate all lawful
fees charged the owner, lienholder, agent or insurer paying the 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, including 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. When skilled or specialized labor or equipment is required, the cost incurred by the wrecker
operator for such skilled or specialized labor or equipment pulus an additional twenty-five percent
(25%) gross profit markup or gross profit margin shall be 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. Wrecker operators shall be allowed to obtain ownership and insurer information, including
accident reports and other public records, from the Oklahoma Tax Commission or other state’s motor
vehicle agencies for the purpose of determining 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 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.
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TITLE 47 § 953.2. Fees and Charges for Storage and After-Hours Release of Towed Vehicles
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 wrecker or towing service licensed by the Department
of Public Safety. No wrecker or towing service 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 after-hours release of a towed vehicle, or both, provided by a wrecker or towing
service 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 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 to charge a fee for the storage or
after-hours release, or both, of any towed vehicle.
4. The operator is authorized to collect all lawful fees from the owner, lienholder or agent of the
towed vehicle or insurer 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 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 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; 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 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
Single vehicle or combination of vehicles
over 20 feet in length but less than 30
feet in length $20.00
Single vehicle or combination of vehicles
over 30 feet in length and up to 8 feet in
width $25.00
Single vehicle or combination of vehicles
over 30 feet in length and over 8 feet in
width $35.00
E. Indoor Storage Rates:
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1. Rates in this subsection shall apply to the indoor storage of a towed vehicle. Rates may be
applied from the time the towed 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:
Rates per Each
24-hour Period or
Type of Towed Vehicle Portion Thereof
Sing