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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. 1 “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.) 2 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. 3 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. 4 (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. 5 (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. 6 (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 7 (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. 8 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. 9 (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 11 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. 12 (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 13 (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. 14 (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. 16 (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. 18 595:25-5-8. 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. 20 (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). 21 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. 23 (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. 24 595:25-9-3. 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. 25 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 31 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 32 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. 33 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 34 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. 35 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 36 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. 37 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. 38 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: 39 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
Object Description
Description
Title | Wrecker manual 2011 |
OkDocs Class# | S300.4 W944t 2011 |
For all issues click | S300.4 W944t |
Digital Format | PDF, Adobe Reader required |
ODL electronic copy | Downloaded from agency website: www.dps.state.ok.us/ws/WSManual.pdf |
Rights and Permissions | This Oklahoma state government publication is provided for educational purposes under U.S. copyright law. Other usage requires permission of copyright holders. |
Language | English |
Full text | 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. 1 “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.) 2 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. 3 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. 4 (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. 5 (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. 6 (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 7 (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. 8 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. 9 (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 11 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. 12 (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 13 (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. 14 (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. 16 (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. 18 595:25-5-8. 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. 20 (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). 21 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. 23 (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. 24 595:25-9-3. 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. 25 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 31 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 32 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. 33 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 34 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. 35 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 36 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. 37 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. 38 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: 39 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 |
Date created | 2011-11-17 |
Date modified | 2013-05-08 |