SECTION 595:25-7-2. Release and holding of vehicle

(a)   Release. The Class AA wrecker operator shall at all times have a capable person available to release impounded or stored vehicle within one (1) hour. As per 47 O.S. § 955, any vehicle impounded by law enforcement shall not be released to the owner until that owner provides proof of valid insurance or an affidavit of nonuse on the roadway. In the event an insurer or a representative of the insurer who has accepted liability for the vehicle requests the release, no proof of valid insurance or affidavit of nonuse on the roadway shall be required.

(b)   Exceptions to release of impounded or stored vehicles.

(1)   Officers may have a legitimate need and reason to preserve the secured status of an impounded or stored vehicle, including but not limited to:

(A)   Failure to pay taxes due the State;

(B)   Forfeiture proceedings under the Controlled Dangerous Substances Act [63 O.S., § 2-506];

(C)   Evidentiary proceedings.

(D)   Failure to provide proof of insurance

(E)   The vehicle has been used in the commission of a felony offense. [47 O.S., § 955(A)(6)]

(2)   In the event an officer determines a need exists to preserve the secured status of an impounded or stored vehicle, the officer may direct the operator to place a hold thereon, which the operator shall honor, subject to the following procedures.

(3)   If the hold is because taxes due the State have not been paid, the operator shall not release the vehicle until the owner, or another person as described in OAC 595:25-5-3(13), has furnished proof from the Oklahoma Tax Commission or a motor license agent to the operator that the vehicle has been duly registered and the license fee has been paid before the vehicle may be released to the owner. Inquiry regarding this law may be made to the Oklahoma Tax Commission.

(4)   If the stated reason for the hold is a forfeiture proceeding under the Uniform Controlled Dangerous Substance Act, the operator may not release the vehicle unless authorization is received either from the District Attorney's Office of the county from which the vehicle was impounded or from the impounding officer.

(A)   If, after the expiration of seventy-two (72) hours from the time of impoundment (excluding Saturday, Sunday and legal holidays), the operator has not received either the court case number under which a forfeiture proceeding has been accepted and filed or a release of the hold from the impounding officer, the operator shall contact the law enforcement agency storing the vehicle, between 7:00 a.m. and 12:00 noon following such seventy-two (72) hours period, advising the ranking supervisor on duty or dispatcherof the following information:

(i)   That the vehicle is being held for the filing of forfeiture proceedings;

(ii)   That no court case number of forfeiture proceedings has been received;

(iii)   Description of vehicle, including tag and vehicle identification number;

(iv)   Vehicle owner, if known;

(vi)   County from which the vehicle was impounded;

(vii)   Name of impounding officer;

(viii)   Name and telephone number of operator submitting the above information.

(B)   The supervisor may direct the impounding officer to verify the decision of the District Attorney and to notify the operator:

(i)   Of the forfeiture proceedings style and case number; or

(ii)   That the hold is canceled because the District Attorney has declined forfeiture proceedings and therefore, the vehicle may then be released in accordance with (a) and (b) of this Section.

(C)   Any vehicle seized or stored for forfeiture proceedings under the Uniform Controlled Dangerous Substance Act is considered to be in the custody of the District Attorney of the county where the property was seized [63 O.S., § 2-506 (K)] and therefore the operator may contact that office regarding any matter relating to such vehicle, in addition to the foregoing procedure.

(5)   If the hold is for evidentiary proceedings or for any stated reason other than taxes or forfeiture described above, or if the officer fails to state a reason, then the hold shall expire forty-eight (48) hours from the time of impoundment (if not released earlier by the officer), and the operator shall not honor the hold beyond the forty-eight (48) hour period without express direction of the law enforcement agency storing said vehicle. The vehicle may then be released in accordance with the provisions of this Chapter.

(c)   Court orders regarding impounded or stored vehicles. If any rule provided, herein conflicts with a court order served upon the operator relating to impoundments, release, storage or other matter relating to the wrecker service, the court order shall take precedence.

(d)   Release to another wrecker service. When a wrecker service is to lawfully obtain a vehicle from another wrecker service which originally towed the vehicle, the original wrecker service shall:

(1)   allow the other wrecker service to enter its premises and remove the vehicle, or

(2)   if the original wrecker service does not allow the other licensed wrecker services or registered owner or agent on its premises to make the tow, the original wrecker service shall properly tow the vehicle to a mutually agreeable site in order to transfer the vehicle to the requesting wrecker service.

[Source: Amended at 13 Ok Reg 2821, eff 6-28-96; Amended at 15 Ok Reg 3311, eff 7-13-98; Amended at 20 Ok Reg 2717, eff 8-15-03; Amended at 21 Ok Reg 3011, eff 7-25-04; Amended at 24 Ok Reg 2777, eff 8-15-07; Amended at 31 Ok Reg 2335, eff 9-12-14; Amended at 37 Ok Reg 2095, eff 9-11-20]