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Oklahoma Legislature· HB 1992Authored by Senator Frix (principal Senate author)

An act relating to motor vehicles, the official text

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1                            STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 1992            By: Turner

4

5

6                            AS INTRODUCED

7   An Act relating to motor vehicles; requiring certain

    vehicles involved in accidents to be considered

8   combination vehicles; requiring officers make certain

    report; stating when certain lien is perfected;

9   defining term; amending 47 O.S. 2021, Section 953.1,

    which relates to maximum fees and charge; clarifying

10  when certain additional fees may be charged;

    modifying name of responsible agency; providing for

11  codification; and providing an effective date.

12

13

14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      NEW LAW  A new section of law to be codified

16 in the Oklahoma Statutes as Section 10-119 of Title 47, unless there

17 is created a duplication in numbering, reads as follows:

18  A. In situations where an accident has caused, or requires, the

19 separation of truck tractor from trailer, multiple trailers, or a

20 truck tractor pulling another truck tractor, or multiple truck

21 tractors, the truck tractor and trailer shall be considered a

22 combination vehicle. Any officer of the Department of Public Safety

23 or any other political subdivision of this state authorized to cause

24 to be towed any vehicle found upon public roads, highways, streets,

    Req. No. 10065                                                 Page 1
1 turnpikes, private parking lots accessible to the public, other

2 public places or upon any private road, street, alley or lane which

3 provides access to one or more single-family or multifamily

4 dwellings shall report at the scene of an accident that the vehicle

5 requiring wrecker or towing service is a combination vehicle and is

6 subject to removal by nonconsensual tow.

7   B. A possessory lien arising pursuant to Section 962 of this

8 title shall be considered perfected when the total amount of the

9 debt for services rendered for wrecker or towing service of a

10 combination vehicle is paid in full.

11  C. For the purposes of this section, a combination vehicle

12 shall consist of a truck-tractor semitrailer combination with one or

13 more attached trailers.

14  SECTION 2.      AMENDATORY  47 O.S. 2021, Section 953.1, is

15 amended to read as follows:

16  Section 953.1. A. The rates established by the Corporation

17 Commission shall determine the nonconsensual tow maximum fees and

18 charges for wrecker or towing services performed in this state,

19 including incorporated and unincorporated areas, by a wrecker or

20 towing service licensed by the Department of Public Safety when that

21 service appears on the rotation log of the Department or on the

22 rotation log of any municipality, county or other political

23 subdivision of this state, and the services performed are at the

24 request or at the direction of any officer of the Department or of a

    Req. No. 10065                                                  Page 2
1 municipality, county, or political subdivision. No wrecker or

2 towing service in the performance of transporting or storing

3 vehicles or other property towed as a result of a nonconsensual tow

4 shall charge any fee which exceeds the maximum rates established by

5 the Commission. Such rates shall be in addition to any other rates,

6 fees or charges authorized, allowed or required by law and costs to

7 collect such fees. Any wrecker or towing service is authorized to

8 collect from the owner, lienholder, agent or insurer accepting

9 liability for paying the claim for a vehicle or purchasing the

10 vehicle as a total loss vehicle from the registered owner of any

11 towed or stored vehicle, the fee required by Section 904 of this

12 title including environmental remediation fees and services.

13  B. When wrecker or towing services are performed as provided in

14 subsection A of this section:

15  1. Each performance of a wrecker or towing service shall be

16 recorded by the operator on a bill or invoice as prescribed by rules

17 of the Department and by order of the Commission;

18  2. Nothing herein shall limit the right of an operator who has

19 provided or caused to be provided wrecker or towing services to

20 require prepayment, in part or in full, or guarantee of payment of

21 any charges incurred for providing such services;

22  3. This section shall not be construed to require an operator

23 to charge a fee for the performance of any wrecker or towing

24 services; and

    Req. No. 10065                                                  Page 3
1   4. The operator is authorized to collect all lawful fees from

2 the owner, lienholder or agent or insurer accepting liability for

3 paying the claim for a vehicle or purchasing the vehicle as a total

4 loss vehicle from the registered owner of the towed vehicle for the

5 performance of any and all such services and costs to collect such

6 fees. An operator shall release the vehicle from storage upon

7 authorization from the owner, agent or lienholder of the vehicle or,

8 in the case of a total loss, the insurer accepting liability for

9 paying the claim for the vehicle or purchasing the vehicle where the

10 vehicle is to be moved to an insurance pool yard for sale.

11  C. The rates in subsections D through G of this section shall

12 be applicable until superseded by rates established by the

13 Commission.

14  D. Distance Rates.

15  1. Rates in this subsection shall apply to the distance the

16 towed vehicle is transported and shall include services of the

17 operator of the wrecker vehicle. Hourly rates, as provided in

18 subsection E of this section, may be applied in lieu of distance

19 rates. Hourly rates may be applied from the time the wrecker

20 vehicle is assigned to the service call until the time it is

21 released from service either upon return to the premises of the

22 wrecker or towing service or upon being assigned to perform another

23 wrecker or towing service, whichever occurs first. When the hourly

24 rate is applied in lieu of distance towing rates, the operator may

    Req. No. 10065                                                  Page 4
1 not apply the two-hour minimum prescribed in subsection E of this

2 section nor may hookup or mileage charges, as prescribed in this

3 section, be applied.

4   Such distance rates shall be computed via the shortest highway

5 mileage as determined from the latest official Oklahoma Department

6 of Transportation state highway map, except as follows:

7   a. for distances or portions of distances not

8   specifically provided for in the governing highway

9   map, the actual mileage via the shortest practical

10  route will apply,

11  b. in computing distances, fractions of a mile will be

12  retained until the final and full mileage is

13  determined, at which time any remaining fraction shall

14  be increased to the next whole mile,

15  c. when, due to circumstances beyond the control of the

16  wrecker or towing service, roadway conditions make it

17  impractical to travel via the shortest route, distance

18  rates shall be computed based on the shortest

19  practical route over which the wrecker vehicle and the

20  vehicle it is towing can be moved, which route shall

21  be noted on the bill or invoice, or

22  d. when the wrecker or towing service is performed upon

23  any turnpike or toll road, the turnpike or toll road

24  mileage shall be used to determine the distance rates

    Req. No. 10065                                         Page 5
1   charged and the turnpike or toll road fees may be

2   added to the bill or invoice.

3   2. Maximum distance rates shall be as follows:

4 Weight of Towed Vehicle        Distance           Rate

5 (In pounds, including          Towed              Per

6 equipment and lading)                             Mile

7 Single vehicle: 8,000 or less  25 miles or less $3.00

8 Single vehicle: 8,000 or less  Over 25 miles      $2.50

9 Single vehicle: 8,001 to 12,000 25 miles or less $3.40

10 Single vehicle: 8,001 to 12,000 Over 25 miles    $3.00

11 Single vehicle: 12,001 to 40,000 Any             $5.75

12 Single vehicle: 40,000 or over Any               $6.75

13 Combination of vehicles       Any                $6.75

14  E. Hourly Rates.

15  1. Rates in this subsection shall apply for the use of a

16 wrecker vehicle and shall include services of the operator of such

17 wrecker, except as provided in paragraph 4 of this subsection.

18 Rates shall apply for all wrecker or towing services performed that

19 are not otherwise provided for in this section, including, but not

20 limited to, waiting and standby time, but shall not include the

21 first fifteen (15) minutes of service following the hookup of a

22 vehicle when a hookup fee is assessed, as provided in subsection F

23 of this section.

24

    Req. No. 10065                                                  Page 6
1   Hourly rates shall apply from the time the vehicle or labor is

2 assigned to the service call until the time it is released from

3 service either upon return to the premises of the wrecker or towing

4 service or upon being assigned to perform another wrecker or towing

5 service, whichever occurs first. Whenever a wrecker vehicle is used

6 to tow a vehicle subject to distance rates, as provided in

7 subsection D of this section, hourly rates shall apply only for the

8 time such wrecker is used in the performance of services other than

9 transportation, except when such hourly rates are used in lieu of

10 such distance rates.

11  As used in this subsection, rates stated per hour apply for

12 whole hours and, for fractions of an hour, rates stated per fifteen

13 (15) minutes apply for each fifteen (15) minutes or fraction thereof

14 over seven and one-half (7 1/2) minutes. However, if the service

15 subject to an hourly rate is performed in less than two (2) hours,

16 the charge applicable for two (2) hours may be assessed, except as

17 provided for in subsection D of this section.

18  2. Maximum hourly rates for wrecker or towing services

19 performed for passenger vehicles, when rates for such services are

20 not otherwise provided for by law, shall be as follows:

21 Weight of Towed Passenger Vehicle Rate Per Rate Per

22 (In pounds)                    Hour 15 Minutes

23 Single vehicle: 8,000 or less  $60.00 $15.00

24 Single vehicle: 8,001 to 24,000 $80.00 $20.00

    Req. No. 10065                                                 Page 7
1 Single vehicle: 24,001 to 44,000 $120.00 $30.00

2 Single vehicle: 44,001 or over $180.00 $45.00

3 Combination of vehicles       $180.00 $45.00

4   3. Maximum hourly rates for all other wrecker or towing

5 services, when rates for such other services are not otherwise

6 provided for by law, shall be determined based upon the gross

7 vehicle weight rating of each wrecker vehicle used as follows:

8 GVWR of Wrecker Vehicle       Rate Per  Rate Per

9   (In pounds)                 Hour      15 Minutes

10 8,000 or less                $60.00    $15.00

11 8,001 to 24,000              $80.00    $20.00

12 24,001 to 44,000             $120.00   $30.00

13 44,001 or over               $180.00   $45.00

14 Combination wrecker vehicle

15 with GVWR of 24,000 or over $180.00    $45.00

16  4. a. Maximum hourly rates for extra labor shall be Thirty

17 Dollars ($30.00) per person per hour.

18  b. Maximum hourly rates for skilled or specialized labor

19                and/or equipment shall be the actual customary and

20                ordinary rates charged for such labor and/or

21                equipment. When skilled or specialized labor or

22                equipment is required, the wrecker operator's cost for

23                such skilled or specialized labor or equipment plus a

24                twenty-five percent (25%) gross profit markup to cover

    Req. No. 10065                                                 Page 8
1               overhead costs for such labor will be added to the

2               invoice or freight bill to be collected in addition to

3               all other applicable charges.

4   F. Hookup Rates.

5   1. Rates in this subsection shall apply to the hookup of a

6 vehicle to a wrecker vehicle when such hookup is performed in

7 connection with a wrecker or towing service described in this

8 section. Such hookup rate shall include the first fifteen (15)

9 minutes of such service, for which there shall be no additional fee

10 charged, but shall not include the use of a dolly or rollback

11 equipment or a combination wrecker vehicle to accomplish such

12 hookup, for which an additional fee may be charged as provided in

13 subsection G of this section. Hookup shall include, but not be

14 limited to, the attachment of a vehicle to or the loading of a

15 vehicle onto a wrecker vehicle.

16  2. Maximum hookup rates shall be as follows:

17 Weight of Vehicle Being Hooked Up

18 (In pounds, including equipment             Rate

19 and lading)

20 Single vehicle: 8,000 or less               $65.00

21 Single vehicle: 8,001 to 12,000             $75.00

22 Single vehicle: 12,001 to 24,000            $85.00

23 Single vehicle: 24,001 or over              $95.00

24 Combination of vehicles                     $95.00

    Req. No. 10065                                                 Page 9
1   G. Additional Service Rates.

2   1. Rates in this subsection shall apply to the performance of

3 the following services:

4   a. the disconnection and reconnection of a towed

5                 vehicle's drive line when necessary to prevent

6                 mechanical damage to such vehicle,

7   b. the removal and replacement of a towed vehicle's axle

8                 when necessary to prevent mechanical damage to such

9                 vehicle, or

10  c. the use of a dolly or rollback equipment when

11                essential to prevent mechanical damage to a towed

12                vehicle or when neither end of such vehicle is capable

13                of being towed safely while in contact with the

14                roadway.

15  2. Maximum additional service rates shall be as follows:

16 Weight of Towed                  Service Performed

17 Vehicle (In pounds, Disconnect   Reconnect Use of Dolly

18 including equipment Drive Line;  Drive Line; or Rollback

19 and lading)      Remove Axle     Replace Axle Equipment

20                  Rate Per Service Performed

21 8,000 or less    $10.00          $15.00            $25.00

22 8,001 to 12,000  $15.00          $20.00            $30.00

23  Rate Per 15 Minutes of Service Performed

24 12,001 or over   $20.00          $20.00            Not applicable

    Req. No. 10065                                                 Page 10
1   H. An operator shall be required to provide reasonable

2 documentation to substantiate all lawful fees charged the owner,

3 lienholder, agent or insurer paying the claim for the towed vehicle.

4 Fees for which the operator is being reimbursed or having paid to a

5 third party, shall include copies of the invoice or other

6 appropriate documents to substantiate such payment to said third

7 party.

8   I. Wrecker fees, including maximum distance, hourly, and hookup

9 rates shall be adjusted weekly by adding a fuel surcharge as

10 provided in this section. The fuel surcharge shall be based on the

11 Department of Energy "weekly retail on-highway diesel prices" for

12 the "Midwest region" using Two Dollars ($2.00) per gallon as the

13 base price with no fees added. The wrecker fees shall be adjusted

14 to allow a one-percent increase in fees for every ten-cent increase

15 in fuel cost starting at Two Dollars and ten cents ($2.10) per

16 gallon.

17  J. When skilled or specialized labor or equipment is required,

18 the cost incurred by the wrecker operator for such skilled or

19 specialized labor or equipment plus an additional twenty-five

20 percent (25%) gross profit markup or gross profit margin shall be

21 allowed to cover overhead costs for such labor and will be added to

22 the invoice or freight bill to be collected in addition to all other

23 applicable charges. The additional twenty-five percent (25%) gross

24 profit markup or gross profit margin allowed by this subsection

    Req. No. 10065                                                 Page 11
1 shall be chargeable by the wrecker operator whether or not the

2 wrecker operator pays for specialized labor or equipment up front.

3 This applies to labor and equipment not regulated by the Commission.

4   K. Wrecker operators shall be allowed to obtain ownership and

5 insurer information, including accident reports and other public

6 records, from the Oklahoma Tax Commission Service Oklahoma or other

7 states' motor vehicle agencies or from law enforcement agencies for

8 the purpose of determining ownership and responsibility for wrecker

9 fees. In the event a state of origin is not known, the Department

10 of Public Safety and the Oklahoma Tax Commission Service Oklahoma

11 shall assist in providing such information. The wrecker operator is

12 authorized to collect lawful fees for such costs and services from

13 the owner, lienholder that seeks possession of a vehicle under a

14 security interest, agent, or insurer accepting liability for paying

15 the claim for a vehicle or purchasing the vehicle as a total loss

16 vehicle from the owner of any towed or stored vehicle.

17  SECTION 3. This act shall become effective November 1, 2025.

18

19  60-1-10065      JBH  01/13/25

20

21

22

23

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    Req. No. 10065                                                Page 12
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