{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-955","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-955","heading":"Towing of vehicle from roadway – Grounds and licensed","body":"wrecker liability.\n\nA. Any officer of the Department of Public Safety or any other\n\npolitical subdivision of this state is hereby authorized to cause to\n\nbe towed any vehicle found upon public roads, highways, streets,\n\nturnpikes, private parking lots accessible to the public, other\n\npublic places or upon any private road, street, alley or lane which\n\nprovides access to one or more single-family or multifamily\n\ndwellings when:\n\n1. A report has been made that the vehicle has been stolen or\n\ntaken without the consent of its owner;\n\n2. The officer has reason to believe the vehicle has been\n\nabandoned as defined in Sections 901 and 902 of this title;\n\n3. The person driving or in control of the vehicle is arrested\n\nfor an alleged offense for which the officer is required by law to\n\ntake the person arrested or summoned before a proper magistrate\n\nwithout unnecessary delay;\n\n4. At the scene of an accident, if the owner or driver is not\n\nin a position to take charge of the vehicle and direct or request\n\nits proper removal;\n\n5. The officer has probable cause that the person operating the\n\nvehicle has not been granted driving privileges or that the driving\n\nprivileges of the person are currently suspended, revoked, canceled,\n\ndenied, or disqualified;\n\n6. The officer has probable cause that the vehicle has been\n\nused in the commission of a felony offense and the officer has\n\nobtained a search warrant authorizing the search and seizure of the\n\nvehicle;\n\n7. The officer has probable cause that the vehicle is not\n\ninsured as required by the Compulsory Insurance Law of this state;\n\nor\n\n8. The vehicle is involved in a fatal motor vehicle collision\n\nand is needed for evidentiary purposes; or\n\n9. A vehicle is left unattended upon any street, sidewalk,\n\nalley or thoroughfare and constitutes a hazard or obstruction to the\n\nnormal movement of public transit along a rail fixed guideway. An\n\nunattended vehicle shall be deemed to constitute an obstruction if\n\nany portion of the vehicle remains in that lane utilized for the\n\nrail fixed guideway as designated by traffic lane markings or if any\n\nportion of the vehicle is outside of the designated parking location\n\nand protrudes into the lane of traffic utilized for the rail fixed\n\nguideway. For purposes of this paragraph, the head of a political\n\nsubdivision's transportation division may authorize employees to\n\ncause to be towed any vehicle which constitutes a hazard or\n\nobstruction to the normal movement of public transit along a rail\n\nfixed guideway.\n\nNo vehicle shall be released after impoundment unless the owner\n\nprovides to the storing facility proof of valid insurance or an\n\naffidavit of nonuse on the roadway, or in the event of a release\n\nrequest from an insurer or the representative of the insurer who has\n\naccepted liability for the vehicle, no such proof of insurance or\n\naffidavit of nonuse on the roadway shall be required.\n\nB. A licensed wrecker operator is not liable for damage to a\n\nvehicle, vessel, or cargo that obstructs the normal movement of\n\ntraffic or creates a hazard to traffic and is removed in compliance\n\nwith the request of a law enforcement officer, unless there is\n\nfailure to exercise reasonable care in the performance of the act or\n\nfor conduct that is willful or malicious.\n\nC. Each officer of the Department shall use the services of the\n\nlicensed wrecker operator whose location is nearest to the vehicle\n\nto be towed in all instances in subsection A of this section. The\n\nrequests for services may be alternated or rotated among all\n\nlicensed wrecker operators who are located within a reasonable\n\nradius of each other. In like manner, the officer shall advise any\n\nperson requesting information as to the availability of a wrecker or\n\ntowing service, the name of the nearest licensed wrecker operator,\n\ngiving equal consideration to all licensed wrecker operators located\nrequests for services may be alternated or rotated among all\n\nlicensed wrecker operators who are located within a reasonable\n\nradius of each other. In like manner, the officer shall advise any\n\nperson requesting information as to the availability of a wrecker or\n\ntowing service, the name of the nearest licensed wrecker operator,\n\ngiving equal consideration to all licensed wrecker operators located\n\nwithin a reasonable radius of each other. In cities of less than\n\nfifty thousand (50,000) population, all licensed wrecker operators\n\nlocated near or in the city limits of such cities shall be\n\nconsidered as being equal distance and shall be called on an equal\n\nbasis as nearly as possible. In counties bordering other states, if\n\nthe officer deems safety and time considerations warrant, the\n\nofficer may call a wrecker or towing service that is not on the\n\nrotation log.\n\nD. Any officer of the Department who has been requested by a\n\nperson in need of wrecker or towing service to call a specific\n\nwrecker or towing service for such person, and who calls a different\n\nwrecker or towing service other than the one requested, without the\n\nconsent of the person, except where hazardous conditions exist,\n\nshall be subject to progressive discipline issued by the Department\n\nexcept in instances where a vehicle is removed from the roadway\n\nunder the authority of paragraphs 3, 4 and 6 of subsection A of this\n\nsection.\n\nE. Operators conducting a tow under this section shall release\n\nall personal property within the vehicle to an insurer or\n\nrepresentative of the insurer who has accepted liability for the\n\nvehicle, or to the registered owner or the owner's personal\n\nrepresentative as designated by the registered owner on a form\n\napproved by the Department. The registered owner or representative\n\nof the registered owner shall provide proof of identity in\n\naccordance with the Department's rules related to establishing\n\nidentity. Upon the release of personal property to an insurer or\n\nrepresentative of the insurer, wrecker operators shall be exempt\n\nfrom all liability and shall be held harmless for any losses or\n\nclaims of loss. Personal property shall include everything in a\n\nvehicle except the vehicle, the attached or installed equipment,\n\nvehicle keys or devices to start and unlock the vehicle, and the\n\nspare tire and tools to change the tire. Interlock devices may be\n\nremoved pursuant to Section 11-902a of this title. If release of\n\npersonal property occurs during normal business hours as prescribed\n\nby the Corporation Commission, it shall be at no cost to the\n\nregistered owner or the owner prior to the repossession. After-hour\n\nfees may be assessed as prescribed by this Chapter or by the\n\nCorporation Commission, when the release of property is made after\n\nthe prescribed normal business hours.\n\nF. The operator of a wrecker or towing service may request a\n\nperson offering proof of ownership of personal property and any\n\ninterlock device to execute a form provided by the operator\n\nexempting the operator from liability for such release.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"1c7664e4ae7e6ce5b6df7365bf497ae54bd803c0e583adbcdf547252b772da05","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-954a","next":"us-ok/okla.-stat.-tit.-47-47-956"},"notice":"GroundRules: Original legal text. Not legal advice."}