Oklahoma § 47-951 - Definitions

§ 47-951. Definitions

As used in Sections 951 through 965 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:

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;

Oklahoma Statutes - Title 47. Motor Vehicles

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,

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;

10. “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 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. "Operator" means any person owning or operating a wrecker

vehicle or wrecker or towing service;

12. "Officer" means any duly authorized law enforcement

officer;

13. "Roadway" means any public street, road, highway or

turnpike or the median, easement or shoulder of a roadway;

Oklahoma Statutes - Title 47. Motor Vehicles

14. "Service call" means the act of responding to a request for

service with a wrecker vehicle in which a service is performed; and

15. "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.

Added by Laws 1970, c. 323, § 1. Amended by Laws 1982, c. 170, § 1,

operative Oct. 1, 1982; Laws 1983, c. 109, § 1, eff. Nov. 1, 1983;

Laws 1986, c. 144, § 1, emerg. eff. April 21, 1986; Laws 1988, c.

290, § 19, operative July 1, 1988; Laws 1995, c. 50, § 1, emerg.

eff. April 10, 1995; Laws 1999, c. 125, § 2, emerg. eff. April 26,

1999; Laws 2002, c. 66, § 1; Laws 2003, c. 279, § 8, emerg. eff. May

26, 2003; Laws 2004, c. 418, § 25, eff. July 1, 2004; Laws 2011, c.

355, § 4, eff. Nov. 1, 2011.