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§47-954A.
§47-954A.
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.
B. The owner, legal possessor or authorized agent may request any
licensed wrecker or towing 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 and furnished to licensed wrecker operators as hereinafter
provided.
C. A licensed wrecker or towing service removing an abandoned vehicle
pursuant to this section shall be subject to the maximum rates
authorized by Section 953.1 of this title.
D. The Department shall design and promulgate a suitable Tow Request
and Authorization Form to be completed in quadruplicate, containing
space for the following information:
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 wrecker or
towing service;
3. The name, address and telephone 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 may require additional information on the Tow Request
and Authorization Form.
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 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 wrecker or towing service shall
maintain the wrecker vehicle driver's copy for not less than one (1)
year, or longer if required by the Department. The wrecker or towing
service shall forthwith send the completed original Tow Request and
Authorization Form to the Department and the remaining copy of the
completed form to the local police department of the municipality in
which the real property is located, if any.
G. Within seventy-two (72) hours of the time indicated on the form,
the wrecker or towing service shall request the Oklahoma Tax
Commission or other appropriate motor license agent to furnish the
name and address of the current owner of and any lienholder upon the
vehicle. The Tax Commission or appropriate motor license agent shall
respond in person or by certified mail to the wrecker or towing
service within five (5) business days from the receipt of the request
for information. The Department may render assistance to ascertain
ownership, if needed. The wrecker or towing service shall, within
seven (7) days from receipt of the requested information from the
Oklahoma Tax Commission or other motor license agent, send a notice of
the location of the vehicle by certified 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 upon payment of the wrecker or
towing services, costs of certified mailing and the reasonable cost of
towing and storage of the vehicle. If the wrecker or towing 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 wrecker or towing service or operator of a wrecker or towing
service shall tow or cause to be towed a vehicle pursuant to this
section until the form furnished by the Department has been
appropriately completed by the parties as required by rules of the
Department.
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