Oklahoma § 47-953.1 - Maximum fees and charges

§ 47-953.1. Maximum fees and charges

A. The rates established by the Corporation Commission shall

determine the nonconsensual tow maximum fees and charges for wrecker

Oklahoma Statutes - Title 47. Motor Vehicles

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 transporting or storing vehicles or other property

towed as a result of a nonconsensual tow shall charge any fee which

exceeds the maximum rates established by the Commission. 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;

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

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

Oklahoma Statutes - Title 47. Motor Vehicles

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

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

$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.

Oklahoma Statutes - Title 47. Motor Vehicles

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.

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

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

Oklahoma Statutes - Title 47. Motor Vehicles

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

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

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

Oklahoma Statutes - Title 47. Motor Vehicles

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

H. An operator shall be required to provide reasonable

documentation 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.

K. Wrecker operators shall be allowed to obtain ownership and

insurer information, including accident reports and other public

records, from the 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 of Public

Safety and the 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, lienholder

that seeks possession of a vehicle under a security interest, agent,

or insurer accepting liability for paying the claim for a vehicle or

Oklahoma Statutes - Title 47. Motor Vehicles

purchasing the vehicle as a total loss vehicle from the owner of any

towed or stored vehicle.

Added by Laws 1995, c. 50, § 4, emerg. eff. April 10, 1995. Amended

by Laws 1998, c. 413, § 1, eff. Nov. 1, 1998; Laws 2000, c. 303, §

2, eff. July 1, 2000; Laws 2002, c. 133, § 3, eff. Nov. 1, 2002;

Laws 2004, c. 360, § 2, emerg. eff. May 27, 2004; Laws 2006, c. 158,

§ 2, emerg. eff. May 15, 2006; Laws 2011, c. 355, § 6, eff. Nov. 1,

2011.