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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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