Okla. Stat. tit. 47, § 47-955

wrecker liability.

A. Any officer of the Department of Public Safety or any other

political subdivision of this state is hereby authorized to cause to

be towed any vehicle found upon public roads, highways, streets,

turnpikes, private parking lots accessible to the public, other

public places or upon any private road, street, alley or lane which

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provides access to one or more single-family or multifamily

dwellings when:

1. A report has been made that the vehicle has been stolen or

taken without the consent of its owner;

2. The officer has reason to believe the vehicle has been

abandoned as defined in Sections 901 and 902 of this title;

3. The person driving or in control of the vehicle is arrested

for an alleged offense for which the officer is required by law to

take the person arrested or summoned before a proper magistrate

without unnecessary delay;

4. At the scene of an accident, if the owner or driver is not

in a position to take charge of the vehicle and direct or request

its proper removal;

5. The officer has probable cause that the person operating the

vehicle has not been granted driving privileges or that the driving

privileges of the person are currently suspended, revoked, canceled,

denied, or disqualified;

6. The officer has probable cause that the vehicle has been

used in the commission of a felony offense and the officer has

obtained a search warrant authorizing the search and seizure of the

vehicle;

7. The officer has probable cause that the vehicle is not

insured as required by the Compulsory Insurance Law of this state;

or

8. The vehicle is involved in a fatal motor vehicle collision

and is needed for evidentiary purposes; or

9. A vehicle is left unattended upon any street, sidewalk,

alley or thoroughfare and constitutes a hazard or obstruction to the

normal movement of public transit along a rail fixed guideway. An

unattended vehicle shall be deemed to constitute an obstruction if

any portion of the vehicle remains in that lane utilized for the

rail fixed guideway as designated by traffic lane markings or if any

portion of the vehicle is outside of the designated parking location

and protrudes into the lane of traffic utilized for the rail fixed

guideway. For purposes of this paragraph, the head of a political

subdivision's transportation division may authorize employees to

cause to be towed any vehicle which constitutes a hazard or

obstruction to the normal movement of public transit along a rail

fixed guideway.

No vehicle shall be released after impoundment unless the owner

provides to the storing facility proof of valid insurance or an

affidavit of nonuse on the roadway, or in the event of a release

request from an insurer or the representative of the insurer who has

accepted liability for the vehicle, no such proof of insurance or

affidavit of nonuse on the roadway shall be required.

B. A licensed wrecker operator is not liable for damage to a

vehicle, vessel, or cargo that obstructs the normal movement of

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traffic or creates a hazard to traffic and is removed in compliance

with the request of a law enforcement officer, unless there is

failure to exercise reasonable care in the performance of the act or

for conduct that is willful or malicious.

C. Each officer of the Department shall use the services of the

licensed wrecker operator whose location is nearest to the vehicle

to be towed in all instances in subsection A of this section. The

requests for services may be alternated or rotated among all

licensed wrecker operators who are located within a reasonable

radius of each other. In like manner, the officer shall advise any

person requesting information as to the availability of a wrecker or

towing service, the name of the nearest licensed wrecker operator,

giving equal consideration to all licensed wrecker operators located
requests for services may be alternated or rotated among all

licensed wrecker operators who are located within a reasonable

radius of each other. In like manner, the officer shall advise any

person requesting information as to the availability of a wrecker or

towing service, the name of the nearest licensed wrecker operator,

giving equal consideration to all licensed wrecker operators located

within a reasonable radius of each other. In cities of less than

fifty thousand (50,000) population, all licensed wrecker operators

located near or in the city limits of such cities shall be

considered as being equal distance and shall be called on an equal

basis as nearly as possible. In counties bordering other states, if

the officer deems safety and time considerations warrant, the

officer may call a wrecker or towing service that is not on the

rotation log.

D. Any officer of the Department who has been requested by a

person in need of wrecker or towing service to call a specific

wrecker or towing service for such person, and who calls a different

wrecker or towing service other than the one requested, without the

consent of the person, except where hazardous conditions exist,

shall be subject to progressive discipline issued by the Department

except in instances where a vehicle is removed from the roadway

under the authority of paragraphs 3, 4 and 6 of subsection A of this

section.

E. Operators conducting a tow under this section shall release

all personal property within the vehicle to an insurer or

representative of the insurer who has accepted liability for the

vehicle, or to the registered owner or the owner's personal

representative as designated by the registered owner on a form

approved by the Department. The registered owner or representative

of the registered owner shall provide proof of identity in

accordance with the Department's rules related to establishing

identity. Upon the release of personal property to an insurer or

representative of the insurer, wrecker operators shall be exempt

from all liability and shall be held harmless for any losses or

claims of loss. Personal property shall include everything in a

vehicle except the vehicle, the attached or installed equipment,

vehicle keys or devices to start and unlock the vehicle, and the

spare tire and tools to change the tire. Interlock devices may be

removed pursuant to Section 11-902a of this title. If release of

personal property occurs during normal business hours as prescribed

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by the Corporation Commission, it shall be at no cost to the

registered owner or the owner prior to the repossession. After-hour

fees may be assessed as prescribed by this Chapter or by the

Corporation Commission, when the release of property is made after

the prescribed normal business hours.

F. The operator of a wrecker or towing service may request a

person offering proof of ownership of personal property and any

interlock device to execute a form provided by the operator

exempting the operator from liability for such release.