Okla. Admin. Code § 595:25-3-1

Current through Vol. 42, No. 3, October 15, 2024

Section 595:25-3-1 - General requirements

The following are the requirements for obtaining an original or renewal of a wrecker license:

(1)License required. No individual shall operate a wrecker vehicle upon any public street, road, or highway of this state for the purpose of offering to tow vehicles or the actual towing of vehicles without first obtaining from the Department a license as provided in this Chapter. Any wrecker vehicle being operated on any public street, road, highway, or turnpike in violation of Oklahoma law, or these rules may be removed from service by Oklahoma law enforcement officers. Provided that this restriction does not apply to any individual towing vehicles owned by the individual or by the entity employing the individual.

(2)Display and use. A wrecker service license shall be issued only to a definite legal entity. A wrecker service license is non-transferable. The wrecker service license shall be conspicuously displayed at any place of business of the applicable wrecker service. The wrecker service license shall be valid for all places of business provided each place of business complies with the provisions of these rules.

(3)Issuance. A wrecker service license shall be issued upon the submission of a completed and approved application, provided all the following requirements are met:

(A) The proof of insurance reflecting the minimum coverages for applicable wrecker vehicles are on file with the Department,

(B) Each wrecker vehicle has been inspected by an officer of the Department to verify that equipment requirements of this Chapter have been met, and

(C) Each wrecker driver has successfully completed a minimum of 16 hours of Department approved course of training or have a minimum of 2 years of experience on the following:

(i) Traffic incident management

(ii) Wrecker vehicle recovery controls

(iii) Connecting or loading vehicle onto wrecker

(iv) Tie down and secure vehicle to wrecker

(v) Wrecker operation safety

(vi) Annually complete 4 hours of continuing education approved by the department

(4)Transfer of ownership.

(A) When applicable, new corporate officers for a wrecker service must comply with the licensing requirements of these rules.

(B) When applicable, new partners in a wrecker service must comply with the licensing requirements of these rules.

(C) When a complete ownership change occurs the wrecker service license will be cancelled.

(5)Wrecker vehicle cab card. A copy of the wrecker vehicle cab card issued by the Department shall be carried at all times in the applicable wrecker vehicle.

(6)Disposition of wrecker vehicles. An operator's wrecker service license will be canceled thirty (30) days after the Department receives notice the wrecker service has no inspected, approved, and licensed wrecker vehicles in operation.

(7)Wrecker vehicles. No wrecker vehicle shall be used to provide wrecker services until:

(A) The wrecker vehicle is registered in accordance with the rules of Service Oklahoma, in the name of the operator or the name of the wrecker service, and a current license plate is displayed on the wrecker vehicle. A leased wrecker vehicle shall show the owner information and the name of the lessee on the vehicle registration. Additionally, a wrecker license plate or a proportional license plate must be affixed to the wrecker vehicle.

(B) The Department is provided the make, model, GVW, and serial number of the vehicle. This information may be provided through the proof of insurance.

(C) The Department is provided the proof of insurance indicating the vehicle has been added to the wrecker service's insurance coverage.

(D) The wrecker vehicle is inspected and approved by an employee of the Department.

(8)License number and business name.

(A) The wrecker service license number issued by the Department for the operation of a wrecker or towing service, along with the name of the wrecker service, shall be conspicuously displayed and vertically centered on each side of every wrecker vehicle used by the wrecker service. All wrecker services will display AA or G designation at the end of the wrecker service license number. Example: DPS 12345W AA or DPS 12345WG.

(B) On each wrecker vehicle in use, the wrecker service license number and business name shall be at least three inches (3") in height. The font shall not be highly decorative or difficult to read. The lettering shall be in a color that will contrast with the color of the wrecker vehicle in order to be readily noticed and legible.

(C) The signage required by this paragraph shall be permanent in nature and shall not contain any misleading or false information. The wrecker vehicle shall not have more than one wrecker service name on the vehicle and not more than one DPS wrecker license number.

(D) Magnetic signs are not approved; provided, if requested of and approved by the Commissioner or Commissioner's designee, a magnetic sign may be used for a period of thirty (30) days in an emergency situation. The Commissioner or Commissioner's designee may grant an extension beyond the thirty (30) days.

(9)Service of notice. Any notice required by law or by these rules shall be served by first class, prepaid U.S. mail to the last known address as reflected by the records of the Department. It is the duty of every wrecker operator, wrecker service, and wrecker driver to notify the Department of Public Safety, Wrecker Services Division, in writing as to any change in the address of such person or of the place of business.

(10)License prohibited.

(A) No person under eighteen (18) years of age shall be licensed or employed as a wrecker driver.

(B) No person shall be licensed as an operator or wrecker driver, or be employed by a wrecker service who has been convicted of:

(i) a felony offense constituting a violent crime as defined in 57 O.S.§ 571, larceny, or theft; or

(ii) any provision of Title 21 O.S. § 1029 while providing wrecker services; or

(C) No person shall be licensed as an an operator or wrecker driver, or be employed by a wrecker service until completion of the sentence for the conviction, including probation or supervised release.

(D) Any person who is required to register as a sex offender, as required by 57 O.S. § 582, shall be prohibited from owning or working for a wrecker service for the period of time the person is required to be registered.

(E) Nothing in this section prohibits the Commissioner of Public Safety or his or her designee from approving, denying, suspending, cancelling, or not renewing a wrecker license if it is determined to be in the best interest of public safety.

(11)One Class AA license per place of business. An operator shall be issued no more than one Class AA wrecker license for any one place of business.

(12)One Class AA wrecker service on Oklahoma Highway Patrol 's rotation log in same rotation area. A licensed wrecker service shall be permitted no more than one position on an Oklahoma Highway Patrol rotation log in a designated rotation area. For each designated rotation area, the Oklahoma Highway Patrol may maintain a separate rotation log for wrecker services operating Class AA TL wrecker vehicles. A wrecker service must request inclusion on both the Class AA and Class AA TL rotation, if applicable.

(13)Business telephone number. Each wrecker service shall have a telephone number published that is accessible to the public twenty-four hours a day. The wrecker service shall provide in writing to the Department notice of any permanent business telephone number change prior to the new telephone number being placed in service.

(14)Business sign. Each wrecker service shall display a business sign at the principal place of business. If the wrecker service maintains a storage lot at a location other than the principal place of business, the storage lot must also display a business sign . The signs required by this paragraph shall be at least two feet (2') by four feet (4') with letters at least three inches (3") in height with contrasting background and shall display, at a minimum, the name of the wrecker service as shown on the license and a telephone number accessible to the public twenty-four (24) hours a day.

(15)Wrecker drivers. Wrecker services shall notify the Wrecker Services Division within ten (10) calendar days of hiring or terminating of any wrecker driver. The wrecker service must submit to the Department, an Oklahoma State Bureau of Investigation criminal records check on wrecker drivers, obtained within ninety (90) calendar days of the hire date of the new wrekcer driver. Notification shall be made by email to wrecker@dps.ok.gov.

Okla. Admin. Code § 595:25-3-1

Amended at 13 Ok Reg 2821, eff 6-28-96; Amended at 19 Ok Reg 2711, eff 7-15-02; Amended at 21 Ok Reg 3011, eff 7-25-04; Amended at 22 Ok Reg 2700, eff 7-25-05; Amended at 24 Ok Reg 2694, eff 10-31-06 through 7-14-07 (emergency)¹; Amended at 24 Ok Reg 2777, eff 8-15-07; Amended at 25 Ok Reg 2801, eff 9-12-08

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 7/25/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020

Amended by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff. 8/11/2023

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024

¹This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-07 (after the 7-14-07 expiration of the emergency action), the text of 595:25-3-1 reverted back to the permanent text that became effective 7-25-05, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 8-15-07.