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§47-953.1.
§47-953.1.
A. The rates and provisions of this section shall apply only to
determine the maximum fees and charges for wrecker or towing services
performed in this state, including incorporated and unincorporated
areas, by a wrecker or towing service licensed by the Department of
Public Safety when that service appears on the rotation log of the
Department or on the rotation log of any municipality, county or other
political subdivision of this state, and the services performed are at
the request or at the direction of any officer of the Department or of
a municipality, county, or political subdivision. No wrecker or towing
service in the performance of these services shall charge any fee
which exceeds the maximum rates established in this section. Such
rates shall be in addition to any other rates, fees or charges
authorized or required by law. Any wrecker or towing service is
authorized to collect from the owner, lienholder or agent of any towed
or stored vehicle, the fee required by Section 904 of this title.
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;
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 of the towed vehicle for the performance of
any and all such services.
C. Distance rates.
1. Rates in this subsection shall apply to the distance the towed
vehicle is transported and shall include services of the operator of
the wrecker vehicle. Hourly rates, as provided in subsection D of this
section, may be applied in lieu of distance rates. Hourly rates may be
applied from the time the wrecker vehicle is assigned to the service
call until the time it is released from service either upon return to
the premises of the wrecker or towing service or upon being assigned
to perform another wrecker or towing service, whichever occurs first.
When the hourly rate is applied in lieu of distance towing rates, the
operator may not apply the two-hour minimum prescribed in subsection D
of this section nor may hookup or mileage charges, as prescribed in
this section, be applied.
Such distance rates shall be computed via the shortest highway mileage
as determined from the latest official Oklahoma Department of
Transportation state highway map, except as follows:
a. for distances or portions of distances not specifically provided
for in the governing highway map, the actual mileage via the shortest
practical route will apply,
b. in computing distances, fractions of a mile will be retained until
the final and full mileage is determined, at which time any remaining
fraction shall be increased to the next whole mile,
c. when, due to circumstances beyond the control of the wrecker or
towing service, roadway conditions make it impractical to travel via
the shortest route, distance rates shall be computed based on the
shortest practical route over which the wrecker vehicle and the
vehicle it is towing can be moved, which route shall be noted on the
bill or invoice, or
d. when the wrecker or towing service is performed upon any turnpike
or toll road, the turnpike or toll road mileage shall be used to
determine the distance rates charged and the turnpike or toll road
fees may be added to the bill or invoice.
2. Maximum distance rates shall be as follows:
Weight of Towed Vehicle Distance Rate
(In pounds, including Towed Per
equipment and lading) Mile
Single vehicle: 8,000 or less 25 miles or less $2.89
Single vehicle: 8,000 or less Over 25 miles $2.34
Single vehicle: 8,001 to 12,000 25 miles or less $3.28
Single vehicle: 8,001 to 12,000 Over 25 miles $2.89
Single vehicle: 12,001 to 40,000 Any $5.60
Single vehicle: 40,000 or over Any $6.54
Combination of vehicles Any $6.54
D. Hourly Rates.
1. Rates in this subsection shall apply for the use of a wrecker
vehicle and shall include services of the operator of such wrecker,
except as provided in paragraph 4 of this subsection. Rates shall
apply for all wrecker or towing services performed that are not
otherwise provided for in this section, including, but not limited to,
waiting and standby time, but shall not include the first fifteen (15)
minutes of service following the hookup of a vehicle when a hookup fee
is assessed, as provided in subsection E of this section.
Hourly rates shall apply from the time the vehicle or labor is
assigned to the service call until the time it is released from
service either upon return to the premises of the wrecker or towing
service or upon being assigned to perform another wrecker or towing
service, whichever occurs first. Whenever a wrecker vehicle is used to
tow a vehicle subject to distance rates, as provided in subsection C
of this section, hourly rates shall apply only for the time such
wrecker is used in the performance of services other than
transportation, except when such hourly rates are used in lieu of such
distance rates.
As used in this subsection, rates stated per hour apply for whole
hours and, for fractions of an hour, rates stated per fifteen (15)
minutes apply for each fifteen (15) minutes or fraction thereof over
seven and one-half (7 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 C of this section.
2. Maximum hourly rates for wrecker or towing services performed for
passenger vehicles, when rates for such services are not otherwise
provided for by law, shall be as follows:
Weight of Towed Passenger Vehicle Rate Per Rate Per
(In pounds) Hour 15 Minutes
Single vehicle: 8,000 or less $46.73 $11.69
Single vehicle: 8,001 to 24,000 $65.42 $16.36
Single vehicle: 24,001 to 44,000 $93.46 $23.36
Single vehicle: 44,001 or over $140.18 $35.05
Combination of vehicles $140.18 $35.05
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 $46.73 $11.69
8,001 to 24,000 $65.42 $16.36
24,001 to 44,000 $93.46 $23.36
44,001 or over $140.18 $35.05
Combination wrecker vehicle
with GVWR of 24,000 or over $140.18 $35.05
4. a. Maximum hourly rates for extra labor shall be Fourteen Dollars
and twenty-eight cents ($14.28) 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.
E. Hookup Rates.
1. Rates in this subsection shall apply to the hookup of a vehicle to
a wrecker vehicle when such hookup is performed in connection with a
wrecker or towing service described in this section. Such hookup rate
shall include the first fifteen (15) minutes of such service, for
which there shall be no additional fee charged, but shall not include
the use of a dolly or rollback equipment or a combination wrecker
vehicle to accomplish such hookup, for which an additional fee may be
charged as provided in subsection F of this section. Hookup shall
include, but not be limited to, the attachment of a vehicle to or the
loading of a vehicle onto a wrecker vehicle.
2. As used in this subsection:
a. "day rate" shall mean the rate charged for a hookup performed by an
operator between the hours of 8:00 a.m. to 4:00 p.m., Monday through
Friday, but shall not include any national holiday,
b. "night rate" shall mean the rate charged for a hookup performed by
an operator between the hours of 4:00 p.m. to 8:00 a.m. of the
following day, Monday through Friday, or any time on Saturday, Sunday
or a national holiday, and
c. "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, 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. Maximum hookup rates shall be as follows:
Weight of Vehicle Being Hooked Up Day Night
(In pounds, including equipment Rate Rate
and lading)
Single vehicle: 8,000 or less $28.03 $37.38
Single vehicle: 8,001 to 12,000 $37.38 $46.73
Single vehicle: 12,001 to 24,000 $46.73 $56.08
Single vehicle: 24,001 or over $56.08 $65.42
Combination of vehicles $56.08 $65.42
F. 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 $6.88 $8.25 $20.90
8,001 to 12,000 $11.00 $14.30 $23.90
Rate Per 15 Minutes of Service Performed
12,001 or over $13.75 $13.75 Not applicable
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