Motor vehicles; creating the Wrecker Services Division within the Department of Labor; Corporation Commission; Wrecker and Towing Services Board; Wrecker and Tower Services Board; effective date.

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HOUSE OF REPRESENTATIVES - FLOOR VERSION

STATE OF OKLAHOMA

2nd Session of the 60th Legislature (2026)

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1261 By: Hays of the House

and

Frix of the Senate

COMMITTEE SUBSTITUTE

[ motor vehicles – Oklahoma Wrecker Services Division
– employees – powers – Corporation Commission –
Department of Public Safety – Department of Labor –
rights – responsibilities – rules – notice –
authority – personnel – transfer – Oklahoma Wrecker
and Towing Services Board – membership –
occupations – eligibility – notice – chair –
meetings – quorum – requirements – venue – rules –
powers and duties – compensation – reimbursement –
removal – laws – Oklahoma Wrecker and Tower
Services Revolving Fund – vehicles – exception –
removal – storage – agency – rulemaking – rotation
logs – licenses – fees – renewals – funds – fee –
charges – requirement – allowance – list –
letterhead – updates – prices – businesses –

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investigation – proceedings – complaint – areas –
determination – monies – complaints – process –
plan – licenses – storage – release – rates –
roadway – gifts – Nonconsensual Towing Act of 2011
– codification – effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-111 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Wrecker Services Division, a division of the
Department of Labor, is hereby created, which shall consist of such
divisions, sections, committees, offices and positions as may be
established by the Department of Labor or by law. The Division
shall employ a Division Director and a team of three employees to
investigate consumer complaints related to overcharging for
nonconsensual towing, recovery, storage fees, and violations of the
rules promulgated by the Oklahoma Wrecker and Towing Services Board.
Division employees shall act as analysts, administrative assistants,
administrative technicians, and investigators.
B. 1. The applicable powers, duties, and responsibilities
exercised by the Transportation Division of the Oklahoma Corporation
Commission relating to wrecker and towing services shall be fully

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transferred to the Department of Labor on November 1, 2026. All
records, property, equipment, assets, monies, financial interests,
liabilities, matters pending, and funds of the Commission related to
wrecker and towing services shall be transferred to the Department
of Labor.
2. With the exception of initial inspections of wrecker and
towing facilities and equipment and rotation log requirements
performed by the Department of Public Safety, the applicable powers,
duties, and responsibilities for regulating the wrecker and towing
industry in this state exercised by the Department of Public Safety
shall be fully transferred to the Department of Labor on November 1,
2026. All records, property, equipment, assets, monies, financial
interests, liabilities, matters pending, and funds of the Department
of Public Safety related to wrecker and towing services shall be
transferred to the Department of Labor.
C. The Department of Labor shall succeed to any contractual
rights or responsibilities incurred by the Commission pertaining to
wrecker and towing services.
D. The administrative rules related to wrecker and towing
services previously promulgated by the Corporation Commission shall
be transferred to and become a part of the administrative rules of
the Department of Labor upon the effective date of this act. The
Office of Administrative Rules in the Office of the Secretary of
State shall provide adequate notice in "The Oklahoma Register" of

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the transferred rules and shall place the transferred rules under
the Administrative Code section of the Department of Labor. On the
effective date of this act, any amendment, repeal, or addition to
the transferred rules shall be under the rulemaking authority of the
Department of Labor.
E. Aside from rules promulgated by the Department of Public
Safety pertaining to rotation logs and inspections of wrecker and
towing facilities and equipment, the administrative rules previously
promulgated by the Department of Public Safety shall be transferred
to and become a part of the administrative rules of the Department
of Labor upon the effective date of this act. The Office of
Administrative Rules in the Office of the Secretary of State shall
provide adequate notice in "The Oklahoma Register" of the
transferred rules and shall place the transferred rules under the
Administrative Code section of the Department of Labor. On the
effective date of this act, any amendment, repeal, or addition to
the transferred rules shall be under the rulemaking authority of the
Department of Labor.
F. The Department of Labor, the Corporation Commission, and the
Department of Public Safety may enter into an agreement for the
transfer of personnel, if any, from the Commission and Department of
Public Safety to the Department of Labor. However, in no instance
shall more than four employees receive transfers. No employee shall
be transferred to the Department of Labor except on the freely given

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written consent of the employee. Any employees who are transferred
to the Department of Labor shall not be required to accept a lesser
grade or salary than presently received. All employees shall retain
leave, sick, and annual time earned, and any retirement and
longevity benefits which have accrued during their tenure with the
Corporation Commission or the Department of Public Safety. The
transfer of any personnel between the state agencies shall be
coordinated with the Office of Management and Enterprise Services.
G. The Office of Management and Enterprise Services shall
coordinate the transfer of records, property, equipment, assets,
funds, allotments, purchase orders, liabilities, outstanding
financial obligations, or encumbrances provided for in this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 951.1 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created, pursuant to the Oklahoma Sunset Law
until January 1, 2032, the Oklahoma Wrecker and Towing Services
Board which shall be the regulatory authority to the Oklahoma
Wrecker Services Division created in Section 1 of this act. The
Board shall be independent and shall consist of nine (9) members who
shall initially serve staggered terms of membership with the Board.
The initial staggered terms of membership of the Board shall be as
follows:

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1. One member, who is in an industry unrelated to any other
member of the Board, appointed by the Governor from the state at
large whose membership shall expire June 30, 2028;
2. One member, who is in an industry unrelated to any other
member of the Board, appointed by Governor from the state at large
whose membership shall expire June 30, 2029;
3. One member holding a license or licensed by the Department
of Labor to engage in nonconsensual towing who operates in a county
with a population of one hundred thousand (100,000) or more,
according to the latest Federal Decennial Census, shall be appointed
by the President Pro Tempore of the Oklahoma State Senate and whose
membership shall expire June 30, 2030;
4. One member holding a license or licensed by the Department
of Labor to engage in nonconsensual towing who operates in a county
with a population of less than one hundred thousand (100,000),
according to the latest Federal Decennial Census, shall be appointed
by the Speaker of the House of Representatives and whose membership
shall expire June 30, 2028;
5. One member from the Oklahoma Trucking Association shall be
appointed by the Speaker of the Oklahoma House of Representatives
and whose membership shall expire June 30, 2029;
6. One member from law enforcement shall be appointed by the
Governor and whose membership shall expire June 30, 2030;

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7. One member holding a license or licensed by the Department
of Labor to engage in nonconsensual towing shall be appointed by the
Governor and whose membership shall expire June 30, 2028;
8. One member from the commercial insurance industry shall be
appointed by the Speaker Pro Tempore of the Oklahoma State Senate
and whose membership shall expire June 30, 2029; and
9. One member from the Oklahoma Department of Transportation
shall be appointed by the Governor and whose membership shall expire
June 30, 2030.
Thereafter, persons appointed pursuant to paragraphs 1 through 9
of this subsection shall be appointed for terms of three (3) years
beginning July 1. Any vacancy shall be filled by the appointing
authority for the remainder of the unexpired term.
B. Members appointed pursuant to paragraphs 3 through 9 of
subsection A of this section shall remain engaged in the business or
industry described in subsection A of this section. Members so
appointed who no longer satisfy the requirements for his or her
Board position pursuant to subsection A of this section shall
provide notification of his or her change of status to his or her
appointing authority and to the chair of the Oklahoma Wrecker and
Towing Services Board and shall resign from the Board within thirty
(30) days of the date upon which the member no longer satisfies the
requirements of the appointment.

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C. The members shall determine by majority vote of the quorum
of the Board who shall serve as chair. The chair shall be elected
annually, with the right to succeed himself or herself, from the
membership of the Board.
D. The Board shall meet at such times that the chair deems
necessary, but no meeting shall be held outside the State of
Oklahoma. All actions of the Board shall be by a quorum. Five
members of the Board shall constitute a quorum for the purpose of
transacting business. The Department of Labor shall provide
administrative support and a meeting venue for the Board.
E. Nothing in this act shall be construed to authorize the
Board to regulate consensual towing services, voluntary roadside
assistance, or privately negotiated towing contracts. The Board
shall promulgate rules under the authority of the Oklahoma
Department of Labor to carry out its intent and shall regulate the
wrecker and towing industry in this state, including:
1. Establishing reasonable tow rates for nonconsensual tows for
any rates not tied to the federal per diem rate. "Reasonable tow
rates" means rates that are directly related to the actual cost of
providing the nonconsensual tow, include a modest and customary
margin, and do not exceed the maximum rates approved by the Board.
These rates may only be adjusted every three (3) years by the Board;
2. Establishing reasonable licensing, insurance, and equipment
requirements for any person engaging in towing and related services;

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3. Establishing reasonable tow truck safety requirements for
any wrecker or wrecker vehicle as defined in Section 951 of Title 47
of the Oklahoma Statutes;
4. Establishing a procedure to accept and investigate
complaints from a consumer who claims that he or she has been
overcharged for fees related to nonconsensual towing, recovery, or
storage;
5. Determining and sanctioning excessive or unnecessary fees
charged to consumers related to nonconsensual towing, recovery, or
storage;
6. Requiring all entities permitted, licensed, or regulated by
the Board to provide all documents in response to information
requests by the Board pursuant to the investigation of consumer
complaints or Board complaints against the permittee or licensee;
7. Requiring all entities permitted, licensed, or regulated by
the Board to provide itemized billing for fees related to towing,
storage, or vehicle immobilization services that explains how the
charges were calculated;
8. Requiring all entities permitted, licensed, or regulated by
the Board to maintain a copy of the current maximum rate schedule or
fee schedule established by the Board posted in a conspicuous place
and readily accessible to the public;
9. Requiring all entities permitted, licensed, or regulated by
the Board to allow the owner or agent of the owner of a motor

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vehicle removed pursuant to Section 951 et seq. of Title 47 of the
Oklahoma Statutes to use any other entity permitted, licensed, or
regulated by the Board when reclaiming the motor vehicle from
storage;
10. Requiring all entities permitted, licensed, or regulated by
the Board to post a sign notifying customers of the procedure to
obtain a vehicle from storage and the consumer complaint process
pursuant to Section 953.1 of Title 47 of the Oklahoma Statutes. The
sign shall be in a conspicuous and central location in the public
area and shall be a minimum of sixteen inches by twenty inches (16″
x 20″) in size. The Board may assess a fine of between Fifty
Dollars ($50.00) and Two Hundred Fifty Dollars ($250.00) for failure
to comply with the provisions of this paragraph;
11. Utilizing Oklahoma Wrecker Services Division investigators
to investigate consumer complaints related to overcharging for
nonconsensual towing, recovery, storage fees, and violations of the
rules promulgated by the Board;
12. Promulgation of rules and the authority of the Oklahoma
Department of Labor setting standards for initial inspections of
wrecker and towing facilities performed by the Department of Public
Safety and standards and procedures for any additional inspections
required by the Board; and
13. Submit promulgated rules to the Oklahoma Department of
Labor for approval.

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F. Members of the Board shall serve without compensation, but
shall be reimbursed through the Department of Labor for expenses
incurred in the performance of his or her duties in accordance with
the provisions of the State Travel Reimbursement Act.
G. Each member shall serve at the pleasure of his or her
appointing authority and may be removed or replaced without cause.
H. The Board shall act in accordance with the provisions of the
Oklahoma Open Records Act, the Oklahoma Open Meeting Act, and the
Administrative Procedures Act.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1003 of Title 40, unless there
is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Department of Labor, to be designated the “Oklahoma Wrecker
and Towing Services Revolving Fund”. The fund shall be a continuing
fund not subject to fiscal year limitations. All monies accruing to
the credit of the fund are hereby appropriated and shall be budgeted
and expended by the Department of Labor for the purpose of
administering the Oklahoma Wrecker Services Division. Expenditures
from the fund shall be made upon warrants issued by the State
Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.

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SECTION 4. AMENDATORY 47 O.S. 2021, Section 156.1, as
last amended by Section 55, Chapter 452, O.S.L. 2024 (47 O.S. Supp.
2025, Section 156.1), is amended to read as follows:
Section 156.1. A. It shall be unlawful for any state official,
officer or employee, except any essential employees approved by the
Governor and those officers or employees authorized in subsection B
of this section, to ride to or from the place of residence of the
employee in a state-owned or state-leased automobile, truck or
pickup, except in the performance of the official duty of the
employee, or to use or permit the use of any such automobile, truck,
ambulance or pickup for other personal or private purposes. Any
person convicted of violating the provisions of this section shall
be guilty of a misdemeanor and shall be punished by a fine of not
more than One Hundred Dollars ($100.00) or by imprisonment in the
county jail for a period to not exceed thirty (30) days, or by both
said fine and imprisonment, and in addition thereto, shall be
discharged from state employment.
B. 1. Any state employee, other than the individuals provided
for in paragraph 2 of this subsection and any employee of the
Department of Public Safety who is a wrecker inspector or auditor of
the Wrecker Services Division as provided for in paragraph 3 of this
subsection, who receives emergency telephone calls regularly at the
residence of the employee when the employee is not on duty and is
regularly called upon to use a vehicle after normal work hours in

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response to such emergency calls, may be permitted to use a vehicle
belonging to the state to provide transportation between the
residence of the employee and the assigned place of employment,
provided such distance does not exceed seventy-five (75) miles in
any round trip or is within the county where the assigned place of
employment is located. Provided further, an employee may be
permitted to use a state-owned or state-leased vehicle to provide
temporary transportation between a specific work location other than
the assigned place of employment and the residence of the employee,
if such use shall result in a monetary saving to the agency, and
such authorization shall not be subject to the distance or area
restrictions provided for in this paragraph. Authorization for
temporary use of a state-owned or state-leased vehicle for a
specific project shall be in writing stating the justification for
this use and the saving expected to result. Such authorization
shall be valid for not to exceed sixty (60) days. Any state entity
other than law enforcement that avails itself of this provision
shall keep a monthly record of all participating employees, the
number of emergency calls received and the number of times that a
state vehicle was used in the performance of such emergency calls.
2. Any employee of the Department of Public Safety, Oklahoma
Department of Corrections, Office of the Attorney General, Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control, Oklahoma
State Bureau of Investigation, Alcoholic Beverage Laws Enforcement

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Commission, Oklahoma Horse Racing Commission, Oklahoma Department of
Agriculture, Food, and Forestry, Office of the Inspector General
within the Department of Human Services or Office of the State Fire
Marshal, who is a law enforcement officer or criminalist, Public
Information officer, Special Investigator or Assistant Director of
the Oklahoma State Bureau of Investigation, the Executive Director
of CLEET, CLEET-certified Investigator for a state board or any
employee of a district attorney who is a law enforcement officer,
may be permitted to use a state-owned or state-leased vehicle to
provide transportation between the residence of the employee and the
assigned place of employment and between the residence and any
location other than the assigned place of employment to which the
employee travels in the performance of the official duty of the
employee.
3. Any employee of the Department of Public Safety who is a
wrecker inspector or auditor of the Wrecker Services Division, or a
noncommissioned pilot may be permitted, as determined by the
Commissioner, to use a state-owned or state-leased vehicle to
provide transportation between the residence of the employee and the
assigned place of employment and between the residence and any
location other than the assigned place of employment to which the
employee travels in the performance of the official duty of the
employee.

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4. The Director, department heads and other essential employees
of the Department of Wildlife Conservation, as authorized by the
Wildlife Conservation Commission, may be permitted to use a state-
owned or state-leased vehicle to provide transportation between the
residence of the employee and the assigned place of employment and
between the residence and any location other than the assigned place
of employment to which the employee travels in the performance of
the official duty of the employee.
5. The Director, department heads, emergency responders and
other essential employees of the Department of Corrections, as
authorized by the Director, may be permitted to use a state-owned or
state-leased vehicle to provide transportation between the residence
of the employee and the assigned place of employment and between the
residence and any location other than the assigned place of
employment to which the employee travels in the performance of the
official duty of the employee.
6. Designated Examiner Auditors, Designated Examiner
Supervisors, Commercial Driver License Examiners, Commercial Driver
License Auditors, Commercial Driver License Supervisors, and Driver
License Supervisors, as an employee of Service Oklahoma may be
permitted, as determined by the Director of Service Oklahoma, to use
a state-owned or state-leased vehicle to provide transportation
between the residence of the employee and the assigned place of

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employment and between the residence and any location other than the
assigned place.
7. The Attorney General, division heads, emergency responders,
agents, assistant attorneys general, and other essential employees
of the Office of the Attorney General, as authorized by the Attorney
General, may be permitted to use a state-owned or state-leased
vehicle to provide transportation between the residence of the
employee and the assigned place of employment and between the
residence and any location other than the assigned place of
employment to which the employee travels in the performance of the
official duty of the employee.
C. The principal administrator of the state agency with which
the employee is employed shall so designate the status of the
employee in writing or provide a copy of the temporary authorization
to the Governor, the President Pro Tempore of the Senate and the
Speaker of the House of Representatives. Such employee status
report shall also be provided to the State Fleet Manager of the
Division of Fleet Management if the motor vehicle for emergency use
is provided by said Division.
SECTION 5. AMENDATORY 47 O.S. 2021, Section 904, is
amended to read as follows:
Section 904. 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

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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 Labor 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. In the case of death or incapacitation of the owner of a
motor vehicle, the operator may release the vehicle to a legal
representative or an immediate family member who is within the first
or second degree of consanguinity or affinity. The legal
representative or family member shall provide a notarized affidavit
describing his or her relationship to the owner of the motor vehicle
and proof of identity in accordance with the Department's Department
of Labor's rules related to establishing identity.

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The cost of removal and storage shall be paid to the wrecker or
towing service.
SECTION 6. AMENDATORY 47 O.S. 2021, Section 951, is
amended to read as follows:
Section 951. As used in Sections 951 through 965 968 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;
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:

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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,

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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 Labor;
10. 9. "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

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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. 10. "Operator" means any person owning or operating a
wrecker vehicle or wrecker or towing service;
12. 11. "Officer" means any duly authorized law enforcement
officer;
13. 12. "Roadway" means any public street, road, highway or
turnpike or the median, easement or shoulder of a roadway;
14. 13. "Service call" means the act of responding to a request
for service with a wrecker vehicle in which a service is performed;
and
15. 14. "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.
SECTION 7. AMENDATORY 47 O.S. 2021, Section 952, is
amended to read as follows:
Section 952. A. Except for the rates established by the
Corporation Commission and other provisions as provided for by law,

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the Department of Public Safety the inspections conducted for the
initial licensure of a wrecker or towing operator and rotation logs
which shall be performed by the Department of Public Safety, the
Department of Labor 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 Labor, through the Oklahoma
Wrecker and Towing Services Board, shall adopt and prescribe such
rules as are necessary to carry out the intent of Section 951 et
seq. of this title. All rules promulgated by the Department of
Public Safety, with the exception of rules concerning rotation logs,
currently in place carrying out the provisions of Section 951 et
seq. of this title shall be enforced by the Department of Labor
until such time as the Department of Labor promulgates new rules.
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 Board deems necessary to adequately
protect the interests of the public, and such other matters as the
Department Board 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

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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. Requests 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)

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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 of Public Safety 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 of Public Safety 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 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 Board.

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E. The Department of Public Safety 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 of Public
Safety. Upon further request of the wrecker service, the
Commissioner of Public Safety or the Department of Public Safety
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
of Public Safety shall notify the wrecker service and the troop
commander of the district.
F. The Commissioner of Public Safety or the Department of
Public Safety 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 of Public Safety shall make all rotation logs
available for public inspection at the state office and shall make

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rotation logs for a highway patrol troop district available for
public inspection at the district office.
H. The Department of Labor, through the Oklahoma Wrecker and
Towing Services Board, shall promulgate rules that classify wrecker
and towing services by the type of services and equipment they are
capable of providing for nonconsensual tows and accident
remediation.
SECTION 8. AMENDATORY 47 O.S. 2021, Section 953, is
amended to read as follows:
Section 953. 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 Labor a license to
operate a wrecker or towing service. The number of the license
shall be displayed, in conformance with rules of the Department of
Labor, 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 Five
Hundred Dollars ($500.00), of which Ninety Dollars ($90.00) shall be
deposited in the General Revenue Fund and Four Hundred Ten Dollars

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($410.00) Two Hundred Fifty Dollars ($250.00) shall be deposited in
the Oklahoma Wrecker and Towing Services Revolving Fund created in
Section 3 of this act for administration of the Oklahoma Wrecker
Services Division, and Two Hundred Fifty Dollars ($250.00) shall be
deposited in the Department of Public Safety Restricted Revolving
Fund created pursuant to Section 2-145 of this title for the
administration of the Department's Wrecker Services Division and
modernization of computer programs. No license fee shall be
refunded in the event the license is suspended or revoked.
C. All licenses shall expire on the last day of the calendar
year and may be renewed annually at a cost of Two Hundred Fifty
Dollars ($250.00) upon application to the Department of Labor as
prescribed by rule. Two Hundred Dollars ($200.00) Two Hundred Fifty
Dollars ($250.00) of the fees collected in this subsection shall be
deposited in the Department of Public Safety Restricted Revolving
Fund created in Section 2-145 of this title for the modernization of
computer programs and the administration of the Department's Wrecker
Services Division and Fifty Dollars ($50.00) shall be deposited in
the General Revenue Fund Oklahoma Wrecker Services and Towing
Revolving Fund created in Section 3 of this act for administration
of the Oklahoma Wrecker Services Division. No license fee shall be
refunded in the event the license is suspended or revoked.
D. The Department of Labor shall issue a letter of reprimand,
cancel, suspend, revoke, or refuse to issue or renew the license of

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an operator when it finds the licensee or applicant has not complied
with or has violated any of the provisions of the Nonconsensual
Towing Act of 2011, or any rules adopted by the Department of Labor.
A suspension or revocation shall be for a period of time deemed
appropriate by the Department of Labor for the violation. Any
canceled, suspended, or revoked license shall be returned to the
Department of Labor 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 Administrative Procedures Act are
expressly made applicable to the Nonconsensual Towing Act of 2011.
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 Restricted Revolving
Fund.

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In addition to the annual renewal fee required by subsection C
of this section, a wrecker or towing operator shall be subject to an
additional annual fee of One Hundred Twenty-five Dollars ($125.00)
per truck in its fleet. All fees collected under this subsection
shall be deposited into the Oklahoma Wrecker Services and Towing
Revolving Fund, established in Section 3 of this act, to support the
administration and operations of the Oklahoma Wrecker Services
Division.
SECTION 9. AMENDATORY 47 O.S. 2021, Section 953.1, is
amended to read as follows:
Section 953.1. A. The rates established by the Corporation
Commission Oklahoma Wrecker and Towing Services Board shall
determine the nonconsensual tow maximum fees and charges not tied to
the federal per diem rate 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 Labor when that service appears on the rotation log of the
Department of Public Safety 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 of Public Safety 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

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fee which exceeds the maximum rates established by the Commission
Oklahoma Wrecker and Towing Services Board. 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 Labor;
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
services; and
4. The operator is authorized to collect all lawful fees from
the owner, lienholder or agent or insurer accepting liability for

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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 E 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
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 E of this

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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

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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 F
of this section.

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Hourly rates shall apply from the time the vehicle or labor is
assigned to the service call until the time it is released from
service either upon return to the premises of the wrecker or towing
service or upon being assigned to perform another wrecker or towing
service, whichever occurs first. Whenever a wrecker vehicle is used
to tow a vehicle subject to distance rates, as provided in
subsection D 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 1/2) 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 D 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

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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 Rate Per Rate Per
(In pounds) Hour 15 Minutes
8,000 or less $60.00 $15.00
8,001 to 24,000 $80.00 $20.00
24,001 to 44,000 $120.00 $30.00
44,001 or over $180.00 $45.00
Combination wrecker vehicle
with GVWR of 24,000 or over $180.00 $45.00
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

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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 G 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 Rate
and lading)
Single vehicle: 8,000 or less $65.00
Single vehicle: 8,001 to 12,000 $75.00
Single vehicle: 12,001 to 24,000 $85.00
Single vehicle: 24,001 or over $95.00
Combination of vehicles $95.00

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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.
2. Maximum additional service rates shall be as follows:
Weight of Towed Service Performed
Vehicle (In pounds, Disconnect Reconnect Use of Dolly
including equipment Drive Line; Drive Line; or Rollback
and lading) Remove Axle Replace Axle 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

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H. C. An operator shall be required to provide reasonable
documentation to the Department of Labor 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 plus 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

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D. Wrecker or towing service companies shall provide the
Department of Labor a detailed comprehensive list of all prices for
the services performed related to the towing and storage of any
vehicle that is deemed a nonconsensual tow. The list shall be on
the letterhead of the wrecker or towing service company. The
wrecker or towing service company shall be responsible for updating
the list when prices change by submitting a new price list
biannually, on January 1 and July 1 of each calendar year, and shall
contain the date when new prices will take effect. The wrecker or
towing service company shall not exceed the prices on file with the
Department of Labor for a nonconsensual tow. The wrecker or towing
service company shall only charge for services that are on file with
the Department of Labor. All prices provided to the Department of
Labor may be provided to citizens needing a wrecker or towing
service. No other rates will be allowed apart from the prices
provided to the Department of Labor and shall include, but may not
be limited to:
1. Indoor storage rates;
2. Outdoor storage rates;
3. Specialized storage rates including, but not limited to,
vehicle storage;
4. Hourly rates;
5. Additional labor rates;
6. Specialized equipment rates;

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7. After-hours release rates;
8. Distance rates; and
9. Hookup rates.
E. Rates and Charges Requirements.
1. A wrecker or towing service company receiving calls for
service from a law enforcement agency shall not charge fees in
excess of those provided in writing by the wrecker or towing service
company to the Department of Labor, nor shall said company charge
for the use of equipment and personnel not reasonably necessary to
perform the requested services in a timely and professional manner.
2. Storage fees shall be reasonable, as determined by fees
charged by other wrecker or towing service companies in the same
geographic area. A list of fees shall be given to the Department of
Labor in accordance with subsection D of this section. Consumer
charges shall not deviate from the list provided.
3. Fuel surcharge shall be based on the Department of Energy's
Energy Information Administration's "weekly on-highway diesel fuel
prices" for the Midwest region using Two Dollars ($2.00) per gallon
as a base price with no fees added. The fuel surcharge fee shall be
adjusted to allow a one-percent increase in fuel cost starting at
Two Dollars and ten cents ($2.10) per gallon.
4. Any wrecker or towing service company that subcontracts for
the utilization of additional skilled or specialized labor,
equipment, or a wrecker vehicle that is for the purpose of a

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nonconsensual tow, the cost incurred by the wrecker or towing
service company for such skilled or specialized labor, equipment, or
wrecker vehicle plus 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.
5. Wrecker or towing service companies shall post at their
place of business a list of all prices for the standard services it
performs related to the towing and storage of any vehicle that is
deemed a nonconsensual tow.
6. Whenever complaints are received by the Department of Labor
concerning the services provided or fees charged for towing and
related services that are requested through the Department of Labor,
the complaint shall be investigated to determine its validity and
whether any action is warranted against the wrecker or towing
service company.
7. Any wrecker or towing services company found to have
exceeded the prices provided to the Department of Labor, using
unnecessary services to increase its fee, or engaging in unethical
business practices shall be subject to contempt proceedings before
the Oklahoma Wrecker and Towing Services Board and removal from the
towing rotation log by the troop commander.

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8. The Department of Labor shall communicate with any wrecker
or towing service company the filing rates and state whether the
rates have been accepted or rejected. If the Department of Labor
rejects rates, it shall state why it did so and provide the
opportunity for appeal and resubmission of rates.
9. Rates established by the Department of Labor, through the
Board, shall remain in effect until a wrecker or towing service
company files rates with the Department of Labor and those rates are
accepted.
10. The Department of Labor, through the Oklahoma Wrecker and
Towing Services Board, shall promulgate rules for the acceptance and
enforcement of rates.
F. 1. If the Department of Labor opens a complaint, it shall
review the current price list provided to the Department of Labor by
the wrecker or towing service company in question, and determine
whether fees charged for a nonconsensual tow have been exceeded.
2. If fees charged for a nonconsensual tow do not exceed the
current price list provided to the Department of Labor, the
Department of Labor may review fees charged with those lists of
prices provided to the Department of Labor by other licensed wrecker
and towing service companies that are located in the same geographic
area. Geographic areas of the state shall consist of four regions
separated east and west by Interstate 35, and north and south by
Interstate 40. If the fees charged by the wrecker and towing

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service company that are being reviewed by the Department of Labor,
due to a complaint, exceed by more than thirty-five percent (35%) of
the current listed price of service or equipment of other licensed
wrecker or towing service companies in the same geographic area, the
Department of Labor shall determine the complaint as valid and
prohibit said wrecker or towing service company from collecting any
payments that exceed the thirty-five-percent threshold mentioned in
this paragraph. If a wrecker or towing service company has already
collected monies exceeding the thirty-five-percent threshold, the
wrecker or towing service company shall be required to return all
amounts exceeding the thirty-five-percent threshold mentioned in
this paragraph.
3. The Department of Labor shall only bring a charge against a
wrecker or towing service company for rates charged or equipment
utilized if a complaint has been filed with the Department of Labor
by a third party such as the:
a. owner or lien holder of the vehicle, or
b. insurer of the vehicle.
G. 1. Where a wrecker or towing service company on a rotation
log seeks to dispute an action of the Department of Labor due to an
order regarding a complaint, the wrecker or towing service company
shall be provided a process by which an appeal may be made regarding
inappropriate fees charged for a service or utilization of equipment

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related to a nonconsensual tow, or the removal of said wrecker or
towing service company from the rotation log.
2. The Department of Labor shall allow the wrecker or towing
service company to appeal a determination by submitting supporting
documentation. Once supporting documentation has been provided, the
Department of Labor shall make a determination of whether the
Department of Labor's action against the wrecker or towing service
company stands, or if the supporting documentation shows the
Department of Labor erred in its determination against the wrecker
or towing service company. If the Department of Labor errs
regarding its action against a wrecker or towing service company,
said company shall be entitled to collect any monies prohibited by
the Department of Labor.
H. The Department of Labor shall issue a corrective action plan
to any wrecker or towing service found to be in violation of the law
governing wrecker or towing services or deny, cancel, suspend, or
revoke the license of any wrecker or towing service found to be in
noncompliance with the law governing the wrecker or towing service.
K. I. Wrecker operators shall be allowed to obtain ownership
and insurer information, including accident reports and other public
records, from the Service Oklahoma Tax Commission or other states'
motor vehicle agencies or from law enforcement agencies for the
purpose of determining ownership and responsibility for wrecker
fees. In the event a state of origin is not known, the Department

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of Public Safety and the Service 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, or 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.
SECTION 10. AMENDATORY 47 O.S. 2021, Section 953.2, as
amended by Section 1, Chapter 316, O.S.L. 2023 (47 O.S. Supp. 2025,
Section 953.2), is amended to read as follows:
Section 953.2. A. The rates established by order of the
Corporation Commission the Oklahoma Wrecker and Towing Services
Board, through the authority of the Oklahoma Department of Labor,
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 Labor and repair
facilities as defined in Section 953 of Title 15 of the Oklahoma
Statutes. No wrecker or towing service or repair facilities shall
charge any fee for nonconsensual towed vehicles and storage which
exceeds the maximum rates established by the Commission Board. 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.

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B. 1. Storage or after-hours release of a towed vehicle, or
both, provided by a wrecker or towing service or by a repair
facility shall be recorded by the operator on a bill or invoice as
prescribed by rules of the Department of Labor.
2. Nothing herein shall limit the right of an operator or
repair facility 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
or repair facility to charge a fee for the storage or after-hours
release, or both, of any towed vehicle.
4. The operator or repair facility is authorized to collect all
lawful fees in acceptable forms of payment such as through check,
credit card, automated clearing house transfer, or debit card 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 or repair
facility shall make the towed vehicle available for inspection by
the owner, lien holder, agent of the towed vehicle, or insurer
accepting liability for paying the claim for a vehicle and 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,

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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

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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.
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:
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 $25.00
Single vehicle or combination of vehicles
over 20 feet in length but less than 30
feet in length $30.00

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Single vehicle or combination of vehicles
over 30 feet in length and up to 8 feet
in width $35.00
Single vehicle or combination of vehicles
over 30 feet in length and over 8 feet
in width $45.00
3. For purposes of this subsection, "indoor storage" means the
vehicle is kept in an enclosed facility.
F. After-Hours Release Rate.
1. The rate in this subsection shall apply to the release of a
towed vehicle to the owner, lienholder, or agent when such release
occurs at a time other than normal business hours.
2. As used in this subsection:
a. "after-hours release rate"
1. "After-hours release rate" shall mean the rate charged for
the release of a towed vehicle between the hours of midnight and
8:00 a.m., or between the hours of 4:00 p.m. and midnight Monday
through Friday, or any time on Saturday, Sunday or a national
holiday,; and
b. "national holiday"
2. "National holiday" shall mean New Year's Day, Martin Luther
King Day, George Washington's Birthday, on the third Monday in
February, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day and Christmas Day any holiday observed for which

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federal or Oklahoma State offices are closed, and shall further
include the Friday before such national holiday which falls on a
Saturday and the Monday following such national holiday which falls
on a Sunday.
3. The maximum after-hours release rate shall be Fifteen
Dollars ($15.00) per quarter hour for the release of any single
vehicle or combination of vehicles.
G. D. An operator or repair facility shall be required to
provide reasonable documentation to substantiate all lawful fees
charged to the owner, lienholder, agent or insurer accepting
liability for paying the claim for the towed vehicle or purchasing
the towed vehicle. Fees for which the operator or repair facility
is being reimbursed, or having paid to a third party, shall include
copies of the invoice or other appropriate documents to substantiate
the payment to the third party.
SECTION 11. AMENDATORY 47 O.S. 2021, Section 954, is
amended to read as follows:
Section 954. A. The Department of Public Safety Labor shall be
charged with the duty of enforcing the provisions of Section 951 et
seq. of this title for licensed wreckers and towing services
operating in this state.
B. Duly appointed peace officers of the political subdivisions
of this state shall have authority to detain and arrest any person
operating a wrecker or tow truck or offering towing services to the

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public for a charge without a valid license issued pursuant to the
provisions of Section 951 et seq. of this title. Such officers,
upon reasonable belief that any wrecker or tow truck is being
operated without proper authority or without a valid license issued
pursuant to Section 951 et seq. of this title, shall be authorized
to require the operator thereof to stop and exhibit such
documentation as may be required to establish his or her authority
to tow or transport another vehicle or to prove possession of a
valid wrecker or tow service license issued in this state. Any
person convicted of operating a wrecker or tow truck or offering
towing services to the public for a charge in this state without a
license shall be guilty of a misdemeanor and punished with a fine of
One Thousand Dollars ($1,000.00). Law enforcement shall impound the
tow truck being used in violation of this section.
SECTION 12. AMENDATORY 47 O.S. 2021, Section 954A, is
amended to read as follows:
Section 954A. A. In addition to any procedure provided by
local ordinance, whenever the owner or legal possessor of real
property or an authorized agent has reasonable cause to believe that
a vehicle has been abandoned thereon, said vehicle having been on
said property for a minimum of forty-eight (48) hours, or whenever a
vehicle is left upon said real property without express or implied
permission, such vehicle may be removed as provided in this section.

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B. 1. The owner, legal possessor or authorized agent may
request any licensed Class AA wrecker service within the county
wherein the real property is located to remove the abandoned vehicle
from the premises by signing a Tow Request and Authorization Form
prescribed by the Department of Public Safety Labor and furnished to
licensed Class AA wrecker service operators as hereinafter provided.
2. If the owner, legal possessor or authorized agent of the
property owner is unable to obtain the services of a licensed Class
AA wrecker service to remove the abandoned vehicle in a reasonable
amount of time, the owner, legal possessor or authorized agent may
contact and request that a licensed Class AA wrecker service from an
adjacent county perform the service. A notation shall be made on
the Tow Request and Authorization Form that a licensed Class AA
wrecker service in the county in which the real property is located
was contacted but the licensed Class AA wrecker service was not able
to perform the removal in a reasonable amount of time.
C. A licensed Class AA wrecker service removing an abandoned
vehicle pursuant to this section shall be subject to the maximum
rates established by the Corporation Commission Oklahoma Wrecker and
Towing Services Board.
D. The Department Board shall design and promulgate a suitable
Tow Request and Authorization Form containing space for the
following information:

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1. A description of the vehicle, including the type of vehicle,
year of manufacture, name of the manufacturer, vehicle color or
colors, identification number and license tag number;
2. The name, address and business telephone number of the
licensed Class AA wrecker service;
3. The name, address, telephone number and driver license
number or state-issued identification card number of the real
property owner, legal possessor or authorized agent;
4. Inventory of personal property within the vehicle to be
towed;
5. Time and date the form is completed; and
6. Signatures of the driver of the wrecker vehicle and of the
owner, legal possessor or authorized agent of the real property.
The Department or the Commission The Board may require
additional information on the Tow Request and Authorization Form.
The driver license number or state-issued identification card number
of the real property owner, legal possessor or authorized agent
shall not be disclosed by the Department or the Commission of Labor
to any entity inquiring about services performed without a court
order or without written consent from the property owner, legal
possessor or authorized agent.
E. The real property owner, legal possessor or authorized agent
and the wrecker vehicle driver shall jointly, and each in the
presence of the other, inventory personal property found within or

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upon the vehicle and each shall accordingly sign a statement on the
form reflecting this requirement has been fulfilled. In the event
an inventory cannot be completed, the reasons therefor shall be
clearly stated on the form.
F. A copy of the completed Tow Request and Authorization Form
shall be retained by the signatories and the licensed Class AA
wrecker service shall maintain the wrecker vehicle driver's copy for
not less than one (1) year, or longer if required by the Department
or the Commission of Labor. The licensed Class AA wrecker service
shall forthwith send the completed original Tow Request and
Authorization Form to the Department of Labor and the remaining copy
of the completed form to the local police department of the
municipality in which the real property is located, or the sheriff's
office of the county from which the vehicle was towed, if the real
property is located outside of an incorporated municipality. A
facsimile copy of the Tow Request and Authorization Form shall be
considered the original form if a printed or digital confirmation of
the facsimile transmission is available.
G. Within three (3) business days of the time indicated on the
form, the licensed Class AA wrecker service shall request the
Service Oklahoma Tax Commission or other appropriate motor license
agent licensed operator to furnish the name and address of the
current owner of and any lienholder upon the vehicle. The Tax
Commission Service Oklahoma or an appropriate motor license agent

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licensed operator shall respond in person or by certified mail to
the licensed Class AA wrecker service within five (5) business days
from the receipt of the request for information. The Department and
the Service Oklahoma Tax Commission shall render assistance to
ascertain ownership, if needed. The licensed Class AA wrecker
service shall, within seven (7) days from receipt of the requested
information from the Service Oklahoma Tax Commission or other motor
license agent licensed operator, send a notice of the location of
the vehicle by certified mail, or if by Department of Labor
notification, the Department of Labor may notify by first-class
mail, postage prepaid, at the addresses furnished, to the owner and
any lienholder of the vehicle. The owner or lienholder may regain
possession of the vehicle in accordance with rules of the Department
of Labor upon payment of the licensed Class AA wrecker services,
costs of certified mailing and the reasonable cost of towing and
storage of the vehicle. If the licensed Class AA wrecker service
has not complied with the notification procedures required by this
subsection, the owner or lienholder shall not be required to pay for
storage of the vehicle.
H. No licensed Class AA wrecker service or operator of a
licensed Class AA wrecker service shall tow or cause to be towed a
vehicle pursuant to this section until the form furnished by the
Department of Labor has been appropriately completed by the parties
as required by rules of the Department of Labor.

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SECTION 13. AMENDATORY 47 O.S. 2021, Section 955, as
amended by Section 12, Chapter 228, O.S.L. 2022 (47 O.S. Supp. 2025,
Section 955), is amended to read as follows:
Section 955. A. Any officer of the Department of Public Safety
or any other political subdivision of this state is hereby
authorized to cause to be towed any vehicle found upon public roads,
highways, streets, turnpikes, private parking lots accessible to the
public, other public places or upon any private road, street, alley
or lane which provides access to one or more single-family or
multifamily dwellings when:
1. A report has been made that the vehicle has been stolen or
taken without the consent of its owner;
2. The officer has reason to believe the vehicle has been
abandoned as defined in Sections 901 and 902 of this title;
3. The person driving or in control of the vehicle is arrested
for an alleged offense for which the officer is required by law to
take the person arrested or summoned before a proper magistrate
without unnecessary delay;
4. At the scene of an accident, if the owner or driver is not
in a position to take charge of the vehicle and direct or request
its proper removal;
5. The officer has probable cause that the person operating the
vehicle has not been granted driving privileges or that the driving

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privileges of the person are currently suspended, revoked, canceled,
denied, or disqualified;
6. The officer has probable cause that the vehicle has been
used in the commission of a felony offense and the officer has
obtained a search warrant authorizing the search and seizure of the
vehicle;
7. The officer has probable cause that the vehicle is not
insured as required by the Compulsory Insurance Law of this state;
or
8. The vehicle is involved in a fatal motor vehicle collision
and is needed for evidentiary purposes; or
9. A vehicle is left unattended upon any street, sidewalk,
alley or thoroughfare and constitutes a hazard or obstruction to the
normal movement of public transit along a rail fixed guideway. An
unattended vehicle shall be deemed to constitute an obstruction if
any portion of the vehicle remains in that lane utilized for the
rail fixed guideway as designated by traffic lane markings or if any
portion of the vehicle is outside of the designated parking location
and protrudes into the lane of traffic utilized for the rail fixed
guideway. For purposes of this paragraph, the head of a political
subdivision's transportation division may authorize employees to
cause to be towed any vehicle which constitutes a hazard or
obstruction to the normal movement of public transit along a rail
fixed guideway.

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No vehicle shall be released after impoundment unless the owner
provides to the storing facility proof of valid insurance or an
affidavit of nonuse on the roadway, or in the event of a release
request from an insurer or the representative of the insurer who has
accepted liability for the vehicle, no such proof of insurance or
affidavit of nonuse on the roadway shall be required.
B. A licensed wrecker operator is not liable for damage to a
vehicle, vessel, or cargo that obstructs the normal movement of
traffic or creates a hazard to traffic and is removed in compliance
with the request of a law enforcement officer, unless there is
failure to exercise reasonable care in the performance of the act or
for conduct that is willful or malicious.
C. Each officer of the Department shall use the services of the
licensed wrecker operator whose location is nearest to the vehicle
to be towed in all instances in subsection A of this section. The
requests for services may be alternated or rotated among all
licensed wrecker operators who are located within a reasonable
radius of each other. In like manner, the officer shall advise any
person requesting information as to the availability of a wrecker or
towing service, the name of the nearest licensed wrecker operator,
giving equal consideration to all licensed wrecker operators located
within a reasonable radius of each other. In cities with a
population of less than fifty thousand (50,000) population, all
licensed wrecker operators located near or in the city limits of

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such cities shall be considered as being equal distance and shall be
called on an equal basis as nearly as possible. In counties
bordering other states, if the officer deems safety and time
considerations warrant, the officer may call a wrecker or towing
service that is not on the rotation log.
D. Any officer of the Department who has been requested by a
person in need of wrecker or towing service to call a specific
wrecker or towing service for such person, and who calls a different
wrecker or towing service other than the one requested, without the
consent of the person, except where hazardous conditions exist,
shall be subject to progressive discipline issued by the Department
except in instances where a vehicle is removed from the roadway
under the authority of paragraphs 3, 4 and 6 of subsection A of this
section.
E. Operators conducting a tow under this section shall release
all personal property within the vehicle to an insurer or
representative of the insurer who has accepted liability for the
vehicle, or to the registered owner or the owner's personal
representative as designated by the registered owner on a form
approved by the Department of Labor. The registered owner or
representative of the registered owner shall provide proof of
identity in accordance with the Department's Department of Labor's
rules related to establishing identity. Upon the release of
personal property to an insurer or representative of the insurer,

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wrecker operators shall be exempt from all liability and shall be
held harmless for any losses or claims of loss. Personal property
shall include everything in a vehicle except the vehicle, the
attached or installed equipment, vehicle keys or devices to start
and unlock the vehicle, and the spare tire and tools to change the
tire. Interlock devices may be removed pursuant to Section 11-902a
of this title. If release of personal property occurs during normal
business hours as prescribed by the Corporation Commission
Department of Labor, it shall be at no cost to the registered owner
or the owner prior to the repossession. After-hour fees may be
assessed as prescribed by this Chapter or by the Corporation
Commission the Department of Labor, when the release of property is
made after the prescribed normal business hours.
F. The operator of a wrecker or towing service may request a
person offering proof of ownership of personal property and any
interlock device to execute a form provided by the operator
exempting the operator from liability for such release.
SECTION 14. AMENDATORY 47 O.S. 2021, Section 956, is
amended to read as follows:
Section 956. A. No operator, employee, or contractor of a
wrecker or towing service or of a person or business that derives
any business or income from a wrecker or towing service shall offer,
and no officer or employee of the Corporation Commission, Department
of Labor or the Department of Public Safety or any political

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subdivision of the state shall accept, directly or indirectly, any
compensation, gift, loan, favor or service given for the purpose of
influencing the officer or employee in the discharge of official
duties of the person.
B. Except as provided in subsection C of this section, no
employee of the Department of Labor, officer of the Commission,
Department of Public Safety or any law enforcement officer of any
political subdivision of the state shall have any interest,
financial or otherwise, in a wrecker or towing service, or with a
person or in a business that derives business or income from a
wrecker or towing service, nor shall a wrecker or towing service or
a person or business that derives any business or income from a
wrecker or towing service employ such officer or employee.
C. An employee of the Department of Labor, officer of the
Commission, 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
when the sole purpose and only business of the wrecker or towing
service is to perform repossessions of vehicles which are subject to
lien and are being repossessed by the lien holder of record.
SECTION 15. AMENDATORY 47 O.S. 2021, Section 966, is
amended to read as follows:
Section 966. A. This act shall be known and may be cited as
the "Nonconsensual Towing Act of 2011".

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B. The provisions of this act shall apply to every wrecker
operating within the State of Oklahoma removing and storing vehicles
from Oklahoma roads and highways or private property as a result of
a nonconsensual tow.
C. The Corporation Commission, by Commission order, Department
of Labor, through the Oklahoma Wrecker and Towing Services Board,
shall have the power and authority necessary:
1. To establish wrecker rates for the transportation and
storage of motor vehicles removed due to a nonconsensual tow from
Oklahoma roads and highways or private property for any rates not
tied to the federal per diem rate;
2. To supervise and enforce such rates; and
3. To mediate and adjudicate complaints that may arise from
charges assessed as a result of such vehicle removal.
D. Rates as specified in Sections 953.1 and 953.2 of Title 47
of the Oklahoma Statutes by the Oklahoma Corporation Commission
shall remain in effect for twelve (12) months following the
effective date of this act and until rates are established by order
of the Commission the Board.
E. Rates established by the Commission Board shall be fair and
reasonable.
F. The Commission Board may assess fines or other penalties to
any wrecker or towing service for failure to comply with prescribed
rates as established by the Commission Board, failure to pay a

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levied assessment or comply with any applicable order of the
Commission rule of the Board. Repeat violations by a wrecker or
towing service are cause for revocation of its license issued by the
Department of Public Safety Labor.
G. The Department of Public Safety shall cooperate with the
Commission Department of Labor to implement this act and may enter
into agreements to facilitate this act.
SECTION 16. AMENDATORY 47 O.S. 2021, Section 967, is
amended to read as follows:
Section 967. A. The Corporation Commission Department of Labor
is hereby authorized to assess a fee upon each wrecker or towing
service licensed by the Department of Public Safety Labor and placed
upon an official rotation log, as specified in Section 952 of Title
47 of the Oklahoma Statutes this title, to perform nonconsensual
tows.
B. Each wrecker or towing service shall pay the assessment,
levied pursuant to this section, on an annual basis.
C. The assessment shall be predicated upon the number of
wrecker or towing vehicles utilized by the wrecker or towing service
to conduct its Department-licensed operations.
D. Commencing with assessments made after June 30, 2017,
failing to pay the wrecker or towing services assessment by the due
date established by the Corporation Commission Department of Labor
shall result in an additional penalty of twenty-five percent (25%)

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per vehicle. The Transportation Division Director, or designee,
Department of Labor may waive the penalty for good cause shown.
Failure to pay the assessment and penalty within thirty (30) days of
the notice of penalty issued by the Corporation Commission
Department of Labor shall result in revocation of the wrecker or
towing license issued by the Department of Labor.
E. Beginning fiscal year 2013, the The Legislature shall
establish budgetary limits for the Commission Department of Labor to
fulfill the duties of the Nonconsensual Towing Act of 2011. The
total assessments levied pursuant to this section shall not exceed
the amount of the budgetary limits and indirect costs for related
support functions established by the Legislature for any fiscal
year. Annual budgetary limits shall stay in effect unless
superseded by action of the Legislature.
SECTION 17. AMENDATORY 47 O.S. 2021, Section 968, is
amended to read as follows:
Section 968. The Corporation Commission Department of Labor is
authorized to appoint unclassified employees to perform the duties
and responsibilities associated with the Nonconsensual Towing Act of
2011.
SECTION 18. This act shall become effective January 1, 2027.

COMMITTEE REPORT BY: COMMITTEE ON APPROPRIATIONS AND BUDGET, dated
03/05/2026 - DO PASS, As Amended and Coauthored.