Oklahoma § 47-953.2 - Fees and charges for storage and after-hours release by

§ 47-953.2. Fees and charges for storage and after-hours release by

towing services or repair facilities.

A. The rates established by order of the Corporation Commission

shall determine the maximum fees and charges for the storage and

after-hours release of nonconsensual towed vehicles, including

incorporated and unincorporated areas, by a wrecker or towing

service licensed by the Department of Public Safety and repair

facilities as defined in Section 953 of Title 15 of the Oklahoma

Statutes. No wrecker or towing service or repair facilities shall

charge any fee for nonconsensual towed vehicles and storage 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, including environmental remediation fees

and services.

B. 1. Storage or after-hours release of a towed vehicle, or

both, provided by a wrecker or towing service or by a repair

facility 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 or

repair facility who has provided or caused to be provided storage or

after-hours release of a towed vehicle, or both, 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

or repair facility to charge a fee for the storage or after-hours

release, or both, of any towed vehicle.

4. The operator or repair facility is authorized to collect all

lawful fees in acceptable forms of payment such as through check,

credit card, automated clearing house transfer, or debit card from

the owner, lienholder or agent of the towed vehicle or insurer

accepting liability for paying the claim for a vehicle or purchasing

the vehicle as a total loss vehicle from the registered owner for

the performance of any and all such services. An operator or repair

facility shall make the towed vehicle available for inspection by

the owner, lien holder, agent of the towed vehicle, or insurer

accepting liability for paying the claim for a vehicle and 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,

Oklahoma Statutes - Title 47. Motor Vehicles

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 F of this section shall

be applicable until superseded by rates established by the

Commission.

D. Outdoor Storage Rates.

1. Rates in this subsection shall apply to the outdoor storage

of a towed vehicle. Rates may be applied from the time the towed

vehicle is brought onto the outdoor storage facility premises.

Rates shall apply to each calendar day of outdoor storage; provided,

the maximum twenty-four-hour fee, as provided for in this section,

may be charged for any towed vehicle which is stored for a portion

of a twenty-four-hour period.

2. Maximum outdoor storage rates shall be as follows:

Rate per Each

24-hour Period or

Type of Towed Vehicle

Portion Thereof

Single vehicle: motorcycle, automobile,

or light truck up to 20 feet in length

$15.00

Single vehicle or combination of vehicles

over 20 feet in length but less than 30

feet in length

$20.00

Single vehicle or combination of vehicles

over 30 feet in length and up to 8 feet

in width

$25.00

Single vehicle or combination of vehicles

over 30 feet in length and over 8 feet

in width

$35.00

E. Indoor Storage Rates.

1. Rates in this subsection shall apply to the indoor storage

of a towed vehicle. Rates may be applied from the time the towed

vehicle is brought into the indoor storage facility premises. Rates

shall apply to each calendar day of indoor storage; provided, the

maximum twenty-four-hour fee, as provided for in this section, may

be charged for any towed vehicle which is stored for a portion of a

twenty-four-hour period.

2. Maximum indoor storage rates shall be as follows:

Rate per Each

24-hour Period or

Type of Towed Vehicle

Portion Thereof

Single vehicle: motorcycle, automobile,

or light truck up to 20 feet in length

$25.00

Single vehicle or combination of vehicles

over 20 feet in length but less than 30

feet in length

$30.00

Oklahoma Statutes - Title 47. Motor Vehicles

Single vehicle or combination of vehicles

over 30 feet in length and up to 8 feet

in width

$35.00

Single vehicle or combination of vehicles

over 30 feet in length and over 8 feet

in width

$45.00

3. For purposes of this subsection, “indoor storage” means the

vehicle is kept in an enclosed facility.

F. After-Hours Release Rate.

1. The rate in this subsection shall apply to the release of a

towed vehicle to the owner, lienholder, or agent when such release

occurs at a time other than normal business hours.

2. As used in this subsection:

a.

“after-hours release rate” shall mean the rate charged

for the release of a towed vehicle between the hours

of midnight and 8:00 a.m., or between the hours of

4:00 p.m. and midnight Monday through Friday, or any

time on Saturday, Sunday or a national holiday, and

b.

“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. The maximum after-hours release rate shall be Fifteen

Dollars ($15.00) per quarter hour for the release of any single

vehicle or combination of vehicles.

G. An operator or repair facility shall be required to provide

reasonable documentation to substantiate all lawful fees charged the

owner, lienholder, agent or insurer accepting liability for paying

the claim for the towed vehicle or purchasing the towed vehicle.

Fees for which the operator or repair facility is being reimbursed,

or having paid to a third party, shall include copies of the invoice

or other appropriate documents to substantiate the payment to the

third party.

Added by Laws 1998, c. 413, § 2, eff. Nov. 1, 1998. Amended by Laws

2000, c. 303, § 3, eff. July 1, 2000; Laws 2002, c. 133, § 4, eff.

Nov. 1, 2002; Laws 2002, c. 387, § 3; Laws 2004, c. 360, § 3, emerg.

eff. May 27, 2004; Laws 2011, c. 355, § 7, eff. Nov. 1, 2011; Laws

2023, c. 316, § 1, eff. Nov. 1, 2023.