- A. This act shall be known and may be cited as the "Nonconsensual Towing Act of 2011".
- B. The provisions of this act shall apply to every wrecker operating within the State of Oklahoma removing and storing vehicles from Oklahoma roads and highways or private property as a result of a nonconsensual tow.
C. The Corporation Commission, by Commission order, shall have the power and authority necessary:
- 1. To establish wrecker rates for the transportation and storage of motor vehicles removed due to a nonconsensual tow from Oklahoma roads and highways or private property;
- 2. To supervise and enforce such rates; and
- 3. To mediate and adjudicate complaints that may arise from charges assessed as a result of such vehicle removal.
- D. Rates as specified in Sections 953.1 and 953.2 of Title 47 of the Oklahoma Statutes shall remain in effect until rates are established by order of the Commission.
- E. Rates established by the Commission shall be fair and reasonable.
- F. The Commission may assess fines or other penalties to any wrecker or towing service for failure to comply with prescribed rates as established by the Commission, failure to pay a levied assessment or comply with any applicable order of the Commission. Repeat violations by a wrecker or towing service are cause for revocation of its license issued by the Department of Public Safety.
- G. The Department shall cooperate with the Commission to implement this act and may enter into agreements to facilitate this act.
Laws 2011, HB 1743, c. 355, § 1, eff. November 1, 2011.