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.
Added by Laws 2011, c. 355, § 1, eff. Nov. 1, 2011.
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