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2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-903. Notice of impoundment - Civil liability.

Any such officer who has directed the impoundment of any vehicle, or an authorized person in the employing agency of the officer, shall within seventy-two (72) hours of the impoundment notify the Department of Public Safety of such impoundment. The notice of impoundment shall contain the name and address of the owner, if known, the make, model, vehicle identification number, registration number, date stored, place stored and the estimated value of the vehicle as determined by the officer. Upon receipt of such notice of impoundment, the Department of Public Safety shall, within seventy-two (72) hours, request Service Oklahoma or other appropriate licensed operators to furnish the name and address of the owner of and any lienholder on the vehicle and shall within three (3) days from receipt of the requested information send a notice to the owner and any lienholder by regular mail, postage prepaid, at the addresses furnished by Service Oklahoma or the licensed operator, of the location of the vehicle. This section shall not be construed to create any civil liability upon the state, any agency of the state or employee thereof for failure to provide such notice to the owner or lienholder.
Added by Laws 1967, c. 363, § 3, emerg. eff. May 22, 1967. Amended by Laws 1985, c. 140, § 1, emerg. eff. June 7, 1985; Laws 1987, c. 233, § 3, eff. Nov. 1, 1987; Laws 1988, c. 290, § 17, operative July 1, 1988; Laws 2010, c. 440, § 5, eff. Nov. 1, 2010; Laws 2022, c. 282, § 104, emerg. eff. May 19, 2022.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-903A. Contest of removal or storage - Hearing - Exemptions.

A. After the removal or storage of any abandoned or wrecked vehicle at the request of a public agency, the registered or legal owner of the vehicle, or their agent, may contest the validity of the removal or storage, by filing a written request for a hearing with the public agency. The written request may be filed before or after the vehicle is retrieved from the storage operator. Provided, however, the public agency shall not be required to conduct a hearing if the request is received more than ten (10) days following actual or constructive notice to the owner or driver of the vehicle that said vehicle has been so removed or stored. Any such hearing shall be scheduled within seventy-two (72) hours of the request, excluding weekends and holidays. The public agency may authorize its own officer or employee to conduct the hearing, so long as the hearing officer is not the same person who directed the removal or storage of the vehicle. The public agency may, with the consent of the person requesting the hearing, schedule the hearing by telephone and conduct the hearing on the merits by telephone conference call.
The hearing officer shall apply the law to the evidence and make a determination whether the vehicle removal and storage was justified. If deemed unjustified, the public agency shall bear the cost of hookup and tow mileage, and the operator shall waive all storage costs in such cases as a condition of eligibility to respond to a service call request from a public agency. The vehicle owner or agent shall not be charged any type of fee or costs relating to impoundment or storage in such case. If the tow and storage is deemed justified, the owner or agent shall bear the cost of reasonable tow and storage. In either case, prior to the release of the vehicle to the owner or agent, proof of security or an affidavit that the vehicle will not be used on public highways or public streets, as required pursuant to Section 7-600 et seq. of this title, shall be furnished to the public agency.
B. Failure of either the registered or legal owner, or their agent, to timely request or to timely appear upon a scheduled hearing shall satisfy the hearing requirement of this section.
C. The hearing conducted by the public agency pursuant to this section shall not be governed by the Administrative Procedures Act, Section 301 et seq. of Title 75 of the Oklahoma Statutes. The owner of a stored vehicle may, either in lieu of such hearing or after such hearing, file a petition in the district court of the county wherein the vehicle is stored. The district court is vested with original jurisdiction to conduct a de novo hearing and determine the validity of removal and storage.
D. The provisions of this section shall not apply to the removal of vehicles abated pursuant to Section 954A of this title.
Added by Laws 1986, c. 144, § 8, emerg. eff. April 21, 1986. Amended by Laws 1987, c. 233, § 5, eff. Nov. 1, 1987. Renumbered from § 963 by Laws 1987, c. 233, § 6, eff. Nov. 1, 1987. Amended by Laws 1993, c. 153, § 2, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-904. Payment of cost of removal and storage.

The owner of a motor vehicle or lienholder of the vehicle abandoned in violation of Section 901 et seq. of this title, or the owner of any vehicle or lienholder of the vehicle or insurer accepting liability for paying a claim on a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner which shall have been lawfully removed from any highway or other public property may regain possession of the vehicle in accordance with regulations of the Department of Public Safety upon payment of the reasonable cost of removal and storage of such vehicle. The operator is authorized to collect all lawful fees from the owner, lienholder that seeks possession of a vehicle under a security interest, agent, or insurer accepting liability for paying the claim for a vehicle or purchasing the vehicle as a total loss vehicle from the registered owner of the towed vehicle for the performance of any and all such services. An operator shall release the vehicle from storage upon authorization from the owner, agent or lienholder of the vehicle or in the case of a total loss, the insurer accepting liability for paying the claim on the vehicle or purchasing the vehicle where the vehicle is to be moved to an insurance pool yard for sale. In the case of death or incapacitation of the owner of a motor vehicle, the operator may release the vehicle to a legal representative or an immediate family member who is within the first or second degree of consanguinity or affinity. The legal representative or family member shall provide a notarized affidavit describing his or her relationship to the owner of the motor vehicle and proof of identity in accordance with the Department's rules related to establishing identity.
The cost of removal and storage shall be paid to the wrecker or towing service.
Added by Laws 1967, c. 363, § 4, emerg. eff. May 22, 1967. Amended by Laws 1985, c. 140, § 2, emerg. eff. June 7, 1985; Laws 1987, c. 233, § 4, eff. Nov. 1, 1987; Laws 1988, c. 290, § 18, operative July 1, 1988; Laws 1993, c. 153, § 3, eff. Sept. 1, 1993; Laws 1996, c. 175, § 1, eff. July 1, 1997; Laws 2000, c. 303, § 1, eff. July 1, 2000; Laws 2002, c. 133, § 2, eff. Nov. 1, 2002; Laws 2006, c. 158, § 1, emerg. eff. May 15, 2006; Laws 2021, c. 334, § 1, eff. Nov. 1, 2021.
NOTE: Laws 1987, c. 205, § 70 repealed by Laws 1988, c. 290, § 25, operative July 1, 1988.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-904.1. Lienholder defined.

A lienholder as used in Sections 903, 904 and 954A of this title shall mean those lienholders as shown on the vehicle title.
Added by Laws 1985, c. 140, § 4, emerg. eff. June 7, 1985. Amended by Laws 2002, c. 387, § 1.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-908. Foreclosure of lien - Notice.

Said lien may be foreclosed by a sale of such abandoned vehicle upon giving notice and in the manner following: The notice shall contain:
(a) The name of the party bringing action and the name of the owner or any person claiming any interest therein.
(b) A full description of the vehicle, giving all available information as to the make, year, serial number, license tag with year and the state from which the tag was issued.
(c) A full statement of all the facts.
(d) The amount of the claim, giving a full description of the work, labor, storage or any other costs involved.
(e) The date, time and place of the sale.
(f) The notice shall be posted in three public places in the county in which the vehicle is to be sold at least ten (10) days before the time specified therein for such sale, and a copy of said notice shall be mailed to the owner and any other person claiming any interest in the abandoned motor vehicle, at their last-known mailing address, by registered mail on the same date of posting said notice.
Laws 1968, c. 167, § 2, emerg. eff. April 11, 1968.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-911. Disposition of proceeds of sale.

The proceeds from the sale of an abandoned vehicle made pursuant to Section 908 of this title shall be applied in the following order:
1. To the reasonable cost incurred in the sale of the abandoned vehicle;
2. To the satisfaction of the special lien provided for in Section 907 of this title;
3. To the satisfaction of any indebtedness secured by a subordinate security interest or lien in the vehicle;
4. To the owner if such owner is known, and if such owner or the address of such owner is not known, to Service Oklahoma to be remitted to the State Treasurer and by him deposited in the General Revenue Fund.
Added by Laws 1968, c. 167, § 5, emerg. eff. April 11, 1968. Amended by Laws 1988, c. 67, § 1, emerg. eff. March 25, 1988; Laws 2022, c. 282, § 105, emerg. eff. May 19, 2022.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-954. Enforcement.

A. The Department of Public Safety shall be charged with the duty of enforcing the provisions of Section 951 et seq. of this title for licensed wreckers and towing services operating in this state.
B. Duly appointed peace officers of the political subdivisions of this state shall have authority to detain and arrest any person operating a wrecker or tow truck or offering towing services to the public for a charge without a valid license issued pursuant to the provisions of Section 951 et seq. of this title. Such officers, upon reasonable belief that any wrecker or tow truck is being operated without proper authority or without a valid license issued pursuant to Section 951 et seq. of this title, shall be authorized to require the operator thereof to stop and exhibit such documentation as may be required to establish his or her authority to tow or transport another vehicle or to prove possession of a valid wrecker or tow service license issued in this state. Any person convicted of operating a wrecker or tow truck or offering towing services to the public for a charge in this state without a license shall be guilty of a misdemeanor and punished with a fine of One Thousand Dollars ($1,000.00). Law enforcement shall impound the tow truck being used in violation of this section.
Added by Laws 1970, c. 323, § 4. Amended by Laws 1980, c. 11, § 2, eff. Oct. 1, 1980; Laws 1986, c. 144, § 4, emerg. eff. April 21, 1986; Laws 2010, c. 211, § 1, eff. July 1, 2010; Laws 2019, c. 391, § 2, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-956. Gifts prohibited - Financial interest of officers.

A. No operator, employee, or contractor of a wrecker or towing service or of a person or business that derives any business or income from a wrecker or towing service shall offer, and no officer or employee of the Corporation Commission, Department of Public Safety or any political subdivision of the state shall accept, directly or indirectly, any compensation, gift, loan, favor or service given for the purpose of influencing the officer or employee in the discharge of official duties of the person.
B. Except as provided in subsection C of this section, no officer of the Commission, Department or any law enforcement officer of any political subdivision of the state shall have any interest, financial or otherwise, in a wrecker or towing service, or with a person or in a business that derives business or income from a wrecker or towing service, nor shall a wrecker or towing service or a person or business that derives any business or income from a wrecker or towing service employ such officer.
C. An officer of the Commission, Department or a law enforcement officer of any political subdivision may have an interest, financial or otherwise, in or may be employed by a wrecker or towing service when the sole purpose and only business of the wrecker or towing service is to perform repossessions of vehicles which are subject to lien and are being repossessed by the lien holder of record.
Added by Laws 1970, c. 323, § 6. Amended by Laws 1982, c. 170, § 5, operative Oct. 1, 1982; Laws 1983, c. 109, § 4, eff. Nov. 1, 1983; Laws 1995, c. 50, § 7, emerg. eff. April 10, 1995; Laws 2002, c. 474, § 3, emerg. eff. June 6, 2002; Laws 2005, c. 179, § 1, eff. July 1, 2005; Laws 2011, c. 355, § 9, eff. Nov. 1, 2011.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-957. Independent employment of wrecker or towing services.

The provisions of Section 951 et seq. of this title shall not preclude any person from employing or contracting with any wrecker or towing service of his own choice, except where hazardous conditions exist.
Added by Laws 1970, c. 323, § 7. Amended by Laws 1995, c. 50, § 8, emerg. eff. April 10, 1995.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-958. Violations and penalties.

Violation of any provision of Section 951 et seq. of this title or any regulation promulgated pursuant hereto shall constitute a misdemeanor, and any person, upon conviction therefor, shall be punished by a fine of not less than One Hundred Dollars ($100.00) or imprisonment for not more than thirty (30) days in the county jail, or both such fine and imprisonment.
Amended by Laws 1986, c. 144, § 5, emerg. eff. April 21, 1986.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-961. Referral fees - Misdemeanor.

It shall be unlawful and constitute a misdemeanor offense for any person, firm, corporation or association to charge, directly or indirectly, any wrecker service operator any fee or other compensation for referral of service calls to such operator.
Laws 1977, c. 73, § 2, emerg. eff. May 25, 1977.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-962. Possessory lien - Foreclosure - Collection of wrecker or towing fees.

A. Every person legally entitled to compensation for the removal or storage of any vehicle subject to registration, which vehicle's removal has been authorized by any public agency, has a lien on the vehicle, dependent on possession. The lien is deemed to arise on the date of possession of the vehicle. Any person perfecting a lien under this section shall foreclose this lien according to the provisions for sale under Sections 908 through 911 of this title.
B. Every owner of such vehicle towed or stored pursuant to Section 955 of this title shall be responsible for the total amount of the debt for services rendered.
C. Any wrecker or towing service is authorized to collect from the owner, lienholder that seeks possession of a vehicle under a security interest, agent, or insurer accepting liability for paying the claim for a vehicle or purchasing the vehicle as a total loss vehicle, the fee authorized by Section 904 of this title.
Added by Laws 1986, c. 144, § 7, emerg. eff. April 21, 1986. Amended by Laws 2003, c. 214, §2, eff. July 1, 2003; Laws 2006, c. 158, § 3, emerg. eff. May 15, 2006.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-964. Report of vehicles parked or stored more than 30 days.

Whenever a vehicle that is subject to registration in this state has been stored, parked or left in a garage, trailer park, or any type of storage or parking lot for a period of thirty (30) days, the owner of the garage, trailer park or lot shall, within five (5) days after the expiration of that period, report the make, motor and serial number of the vehicle to the Department of Public Safety. Provided, these provisions shall not apply where arrangements have been made for continuous storage or parking by the owner of the motor vehicle so parked or stored, and where the owner of said motor vehicle so parked or stored is personally known to the owner or operator of the garage, trailer park, storage or parking lot. Any person who fails to report a vehicle as required under this section shall forfeit all claims for storage of the vehicle, and shall be subject to a fine not to exceed Twenty-five Dollars ($25.00), and each day's failure to make a report as required by this section shall constitute a separate offense.
Added by Laws 1986, c. 144, § 9, emerg. eff. April 21, 1986. Amended by Laws 2003, c. 279, § 9, emerg. eff. May 26, 2003.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-965. Notification of law enforcement after repossession.

Any wrecker or towing service that repossesses a vehicle at the request of the lienholder of record shall, within two (2) hours of the time the vehicle is repossessed, notify either the local law enforcement authority or sheriff’s office of the county where the vehicle was located. The wrecker or towing service operator shall furnish the law enforcement agency with information concerning the tow including, but not limited to, a description of the vehicle, the physical address or approximate location of where the vehicle was repossessed, the name of the owner of the vehicle and the name of the lienholder of the vehicle. The wrecker or towing service operator shall further be required to provide to the law enforcement agency the name, address and business telephone number of the wrecker or towing service provider.
Added by Laws 2010, c. 39, § 5, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-966. Nonconsensual Towing Act of 2011 - Application of act - Rates.

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.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-967. Assessments - Budgetary limits.

A. The Corporation Commission is hereby authorized to assess a fee upon each wrecker or towing service licensed by the Department of Public Safety and placed upon an official rotation log, as specified in Section 952 of Title 47 of the Oklahoma Statutes, to perform nonconsensual tows.
B. Each wrecker or towing service shall pay the assessment, levied pursuant to this section, on an annual basis.
C. The assessment shall be predicated upon the number of wrecker or towing vehicles utilized by the wrecker or towing service to conduct its Department-licensed operations.
D. Commencing with assessments made after June 30, 2017, failing to pay the wrecker or towing services assessment by the due date established by the Corporation Commission shall result in an additional penalty of twenty-five percent (25%) per vehicle. The Transportation Division Director, or designee, may waive the penalty for good cause shown. Failure to pay the assessment and penalty within thirty (30) days of the notice of penalty issued by the Corporation Commission shall result in revocation of the wrecker or towing license issued by the Department.
E. Beginning fiscal year 2013, the Legislature shall establish budgetary limits for the Commission to fulfill the duties of the Nonconsensual Towing Act of 2011. The total assessments levied pursuant to this section shall not exceed the amount of the budgetary limits and indirect costs for related support functions established by the Legislature for any fiscal year. Annual budgetary limits shall stay in effect unless superseded by action of the Legislature.
Added by Laws 2011, c. 355, § 2, eff. Nov. 1, 2011. Amended by Laws 2017, c. 141, § 1, eff. July 1, 2017.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1002. Ridesharing arrangement defined.

As used in this act, ridesharing arrangement means the transportation of persons in a motor vehicle where such transportation is incidental to another purpose of the driver. The term shall include ridesharing arrangements known as carpools, vanpools and buspools. Provided, however, a ridesharing arrangement shall not be construed for any purpose as a common carrier or common carrier for hire.
Laws 1980, c. 184, § 2, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1004. Money or other benefits received by driver not to constitute income for tax purposes.

Money and other benefits, other than salary, received by a driver in a ridesharing arrangement using a motor vehicle with a seating capacity for not more than fifteen (15) persons, including the driver, shall not constitute income for the purpose of Sections 2351 et seq. of Title 68, imposing taxes on income.
Laws 1980, c. 184, § 4, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1005. Certain ridesharing vehicles not to be construed as motor bus or taxicab for registration purposes.

A motor vehicle used in a ridesharing arrangement that has a seating capacity for not more than fifteen (15) persons, including the driver, shall not be construed as a motor bus or taxicab for purposes of registration, equipment requirements or rules of the road under Chapter 56 of Title 47.
Laws 1980, c. 184, § 5, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1006. Rideshare drivers not deemed commercial operators or drivers.

The driver in a ridesharing arrangement shall not be deemed a commercial operator or driver nor shall he be deemed to be transporting persons for compensation under the driver licensing provisions of Title 47 of the Oklahoma Statutes.
Added by Laws 1980, c. 184, § 6, eff. Oct. 1, 1980. Amended by Laws 1995, c. 23, § 17, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1011. Definitions.

As used in the Oklahoma Transportation Network Company Services Act:
1. "Digital network" means any online-enabled application, software, website or system offered or utilized by a TNC that enables the prearrangement of rides with TNC drivers;
2. "Personal vehicle" means a vehicle that is used by a TNC driver in connection with providing prearranged rides and is:
a.
owned, leased or otherwise authorized for use by the TNC driver, and
b.
not a taxicab, limousine, or other similar for-hire vehicle of a motor carrier service;
3. "Prearranged ride" means the provision of transportation by a driver to a rider, beginning when a driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. A prearranged ride does not include shared expense carpool or vanpool arrangements or transportation provided using a taxi, limousine, or other for-hire vehicle pursuant to state law;
4. "Transportation network company (TNC)" means a business entity licensed pursuant to this act and operating in Oklahoma that uses a digital network or software application service to connect passengers to transportation network company services provided by transportation network company drivers. A TNC does not provide taxicab, limousine, or other similar for-hire motor carrier service. A TNC shall not be deemed to control, direct or manage the personal vehicles or participating drivers that connect to its digital network, except where agreed to by written contract. Further, a transportation network company shall not include an individual, corporation, partnership, sole proprietorship, or other entity solely arranging nonemergency medical transportation for individuals qualifying for Medicaid or Medicare pursuant to a contract with a governmental entity or managed care organization;
5. "Transportation network company driver (TNC driver)" means an individual who:
a.
receives connections to potential passengers and related services from a TNC in exchange for payment of a fee to the TNC, and
b.
uses a personal vehicle to provide prearranged rides to passengers upon connection through a digital network controlled by a TNC in return for compensation or payment of a fee; and
6. "Transportation network company passenger (TNC passenger)" means an individual or persons who use a digital network to connect with a TNC driver who provides prearranged rides to the passenger in the driver's personal vehicle between points chosen by the passenger.
Added by Laws 2015, c. 279, § 2, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1012. Application of act to persons and entities.

Transportation network companies or transportation network company drivers shall not be considered motor carriers of persons as defined in Section 230.23 of Title 47 of the Oklahoma Statutes, nor shall TNCs or TNC drivers be considered to provide taxicab, limousine, or similar for-hire motor carrier service.
Added by Laws 2015, c. 279, § 3, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1013. Permits – Rules – Commission authority.

A. A person shall not operate a transportation network company in Oklahoma without first having obtained a permit from the Oklahoma Corporation Commission (Commission).
B. The Commission shall issue a permit to each applicant that presents proof, in a form prescribed by the Commission, that the applicant meets the requirements for a TNC set forth in this act, and proof of insurance required by this act and pays to the Commission an annual permit fee of Five Thousand Dollars ($5,000.00).
C. The Commission shall promulgate rules as needed to implement the provisions of this act. The Commission may also set additional fees and assess fines for noncompliance with this act or with promulgated rules.
D. The authority of the Commission shall be limited to permitting and regulation of TNCs to ensure compliance by TNCs with the provisions of this act and shall not include jurisdiction to adjudicate private causes of action arising from the provision of prearranged rides.
E. The Commission shall have the authority to examine the records of TNCs for the purpose of enforcement of this act, including a random sample of the TNC's records related to prearranged rides and TNC drivers at the Oklahoma City offices of the Commission, unless an alternative location is agreed to by the Commission and the TNC. Such examinations shall not occur more than two times per year unless necessary to investigate a complaint. Records obtained by the Commission pursuant to this act shall not be subject to disclosure under the Oklahoma Open Records Act and shall be kept confidential by the Commission, except as may be required in a Commission proceeding.
F. Failure of a TNC to comply with the provisions of this act may result in the denial or revocation of the TNC permit or fines as assessed by the Commission.
Added by Laws 2015, c. 279, § 4, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1015. Fares and rates.

Transportation network companies may determine and charge a fare for the services provided to passengers; provided, that if a fare is charged the TNC shall disclose to passengers the fare-calculation method on its website or within the software application service. The TNC shall also provide passengers with the applicable rates being charged and the option to receive an estimated fare before the passenger enters the TNC driver's vehicle.
Added by Laws 2015, c. 279, § 6, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1016. Driver photograph - License plate information - Company logo or emblem.

A transportation network company’s software application or website shall display a picture of the TNC driver and the license plate number of the motor vehicle utilized for providing the prearranged ride before the passenger enters the TNC driver’s vehicle. A TNC that voluntarily elects to require TNC drivers to display the TNC company emblem or logo while in operation to identify the TNC vehicle and driver shall not in any way alter the contractual relationship between the parties or create an employer/employee relationship where one was not intended to exist by the parties.
Added by Laws 2015, c. 279, § 7, eff. July 1, 2015. Amended by Laws 2017, c. 290, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1017. Electronic receipt.

Within a reasonable period of time, as established by the Oklahoma Corporation Commission, following the completion of a trip, the transportation network company shall transmit an electronic receipt to the passenger that lists:
1. The origin and destination of the trip;
2. The total time and distance of the trip; and
3. An itemization of the total fare paid, if any.
Added by Laws 2015, c. 279, § 8, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1018. Zero tolerance policy for drugs or alcohol - Complaints.

A. Transportation network companies shall implement a zero-tolerance policy against TNC drivers operating under the influence of drugs or alcohol while providing prearranged rides or while logged into the TNC's digital network but not providing prearranged rides, and shall provide notice of this policy on its digital network, as well as procedures to report a complaint about a driver with whom a passenger was matched and who the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the trip.
B. Upon receipt of such passenger complaint alleging a violation of the zero-tolerance policy, the TNC shall immediately suspend such TNC driver's access to the TNC's digital network, and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation.
C. TNCs shall maintain records relevant to the enforcement of this requirement for a period of at least two (2) years from the date that a passenger complaint is received by the TNC.
Added by Laws 2015, c. 279, § 9, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1019. Driver applications – Background check - Updates.

A. Prior to permitting an individual to act as a transportation network company driver on its digital network, the TNC shall:
1. Require the individual to submit an application to the TNC, which includes information regarding his or her address, age, driver license, driving history, motor vehicle registration, automobile liability insurance, and other information required by the TNC;
2. Conduct, or have a third party conduct, a local and national criminal background check for each applicant that shall include a check of:
a.
the Multi-State/Multi-Jurisdictional Criminal Records Locator or other similar commercial nationwide database with validation through a primary source search, and
b.
the National Sex Offender Registry database; and
3. Obtain and review a driving history research report for such individual.
B. TNCs shall not permit an individual to act as a TNC driver on its digital network who:
1. Has had more than three moving violations in the prior three-year period, or one major violation, including but not limited to attempting to evade the police, reckless driving, or driving on a suspended or revoked license, in the prior three-year period;
2. Has been convicted, within the past seven (7) years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, theft, acts of violence, or acts of terror;
3. Is a match in the National Sex Offender Registry database;
4. Does not possess a valid driver license;
5. Does not possess current proof of motor vehicle registration for the motor vehicle(s) used to provide prearranged rides;
6. Does not possess proof of the automobile liability insurance required by law or rule for the motor vehicle(s) used to provide prearranged rides; or
7. Is not at least nineteen (19) years of age.
C. TNCs shall implement a procedure for periodic information updates for each TNC driver's vehicle(s) and motor vehicle insurance and for rechecks of each TNC driver for the criminal background and driving record information required by paragraph A of this section to ensure continued compliance by each driver with the requirements of paragraph B of this section.
Added by Laws 2015, c. 279, § 10, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1020. Vehicle equipment standards.

Transportation network companies shall require that any motor vehicle(s) that a TNC driver will use to provide prearranged rides meets the equipment standards required of private motor vehicles under Section 12-101 et seq. of Title 47 of the Oklahoma Statutes.
Added by Laws 2015, c. 279, § 11, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1021. Acceptance of rides - Payments.

A. Transportation network companies shall implement a policy requiring TNC drivers to exclusively accept rides booked through a TNC's digital network or software application service and prohibiting solicitation of street hails or acceptance of unsolicited street hails.
B. TNCs shall implement a policy prohibiting solicitation or acceptance of cash payments from passengers. A TNC may accept payment for prearranged rides made electronically using the TNC's digital network or software application or by check mailed to the TNC at an address provided by the TNC.
Added by Laws 2015, c. 279, § 12, eff. July 1, 2015. Amended by Laws 2019, c. 129, § 1, emerg. eff. April 23, 2019.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1022. Seating capacity - Passengers.

Transportation network companies shall adopt a policy prohibiting the provision of prearranged rides in any vehicle with a manufacturer's designed seating capacity of more than fifteen persons, including the driver, and prohibiting the transportation of multiple passengers in numbers exceeding the manufacturer's designed seating capacity.
Added by Laws 2015, c. 279, § 13, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1023. Nondiscrimination and accessibility.

A. Transportation network companies shall adopt a policy of nondiscrimination on the basis of destination, race, color, national origin, religious belief, religious affiliation, sex, disability, or age with respect to passengers and potential passengers and notify TNC drivers of such policy.
B. TNCs shall require TNC drivers to comply with all applicable laws regarding nondiscrimination against passengers or potential passengers on the basis of destination, race, color, national origin, religious belief, religious affiliation, sex, disability, or age.
C. TNCs shall require TNC drivers to comply with all applicable laws relating to accommodation of service animals.
D. TNCs shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities.
E. TNCs shall provide passengers an opportunity to indicate whether they require a wheelchair-accessible vehicle. If a TNC cannot arrange a wheelchair-accessible prearranged ride in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.
Added by Laws 2015, c. 279, § 14, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1024. Recordkeeping.

Transportation network companies shall maintain:
1. Individual trip records for at least two (2) years from the date each trip was provided; and
2. TNC driver records at least until the two-year anniversary of the date on which a TNC driver's activation on the TNC digital network has ended.
Added by Laws 2015, c. 279, § 15, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1026. Insurance disclosures to drivers.

The transportation network company shall disclose in writing to TNC drivers the following before they are allowed to accept a request for a prearranged ride on the TNC's digital network:
1. The insurance coverage, including the types of coverage and the limits for each coverage, that the TNC provides while the TNC driver uses a personal vehicle in connection with a TNC's digital network; and
2. That the TNC driver's own automobile insurance policy might not provide any coverage while the driver is logged on to the TNC's digital network and is available to receive transportation requests or is engaged in prearranged rides depending on its terms.
Added by Laws 2015, c. 279, § 17, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1027. Coverage exclusions by insurers.

A. Insurers that write automobile insurance in Oklahoma may exclude any and all coverage afforded under the owner's insurance policy for any loss or injury that occurs while a transportation network company driver is logged on to a TNC's digital network or while a driver provides a prearranged ride. This right to exclude all coverage may apply to any coverage included in an automobile insurance policy including, but not limited to:
1. Liability coverage for bodily injury and property damage;
2. Uninsured and underinsured motorist coverage;
3. Medical payments coverage;
4. Comprehensive physical damage coverage; and
5. Collision physical damage coverage.
B. Such exclusions shall apply notwithstanding any requirement under Chapter 7 of the Oklahoma Highway Safety Code of Section 7-101 et seq. of Title 47 of the Oklahoma Statutes. Nothing in this section implies or requires that a personal automobile insurance policy provide coverage while the TNC driver is logged on to the TNC's digital network, while the TNC driver is engaged in a prearranged ride or while the driver otherwise uses a vehicle to transport passengers for compensation.
Nothing shall be deemed to preclude an insurer from providing coverage for the TNC driver's vehicle, if it chooses to do so by contract or endorsement.
C. Automobile insurers that exclude coverage as permitted in Section 16 of this act shall have no duty to defend or indemnify any claim expressly excluded thereunder. Nothing in this article shall be deemed to invalidate or limit an exclusion contained in a policy already in use or approved for use in this state prior to the enactment of this act that excludes coverage for vehicles used to carry persons or property for a charge or available for hire by the public.
An automobile insurer that defends or indemnifies a claim against a TNC driver that is excluded under the terms of its policy shall have a right of contribution against other insurers that provide automobile insurance to the same TNC driver in satisfaction of the coverage requirements of Section 16 of this act at the time of loss.
D. In a claims coverage investigation, TNCs and any insurer potentially providing coverage under Section 16 of this act shall cooperate to facilitate the exchange of relevant information with directly involved parties and any insurer of the TNC driver if applicable, including the precise times that a TNC driver logged on and off of the TNC's digital network in the twelve-hour period immediately preceding and in the twelve-hour period immediately following the accident and disclose to one another a clear description of the coverage, exclusions and limits provided under any automobile insurance maintained under Section 16 of this act.
Added by Laws 2015, c. 279, § 18, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1028. Claim payments.

If a transportation network company's insurer makes a payment for a claim covered under comprehensive or collision insurance coverage, the TNC shall cause its insurer to issue the payment directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder.
Added by Laws 2015, c. 279, § 19, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1029. Disclosure of passenger information.

Transportation network companies shall not disclose a passenger's personally identifiable information to a third party unless:
1. The passenger consents;
2. Disclosure is required by a legal obligation; or
3. Disclosure is required to protect or defend the terms of use of the service or to investigate violations of those terms.
In addition, a TNC shall be permitted to share a passenger's name and telephone number with the TNC driver providing prearranged rides to such passenger only to facilitate correct identification of the passenger by the TNC driver, or to facilitate communication between the passenger and the driver regarding prearranged rides. TNCs shall prohibit the use by TNC drivers of a passenger's name, telephone number, or other personal information for any purpose other than those listed in this section.
Added by Laws 2015, c. 279, § 20, eff. July 1, 2015.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1030. Exclusive jurisdiction of the Oklahoma Corporation Commission.

A. Notwithstanding any other provision of law, the regulation, licensing or permitting of transportation network companies for the provisions of prearranged rides is within the exclusive jurisdiction of the Oklahoma Corporation Commission as set forth in the Oklahoma Transportation Network Company Services Act and any rules promulgated by the Commission consistent with the act. No political subdivision of the state may impose a tax on, or require a license for, a Transportation Network Company (TNC) or a TNC driver for the provision of prearranged rides or subject a TNC to the political subdivision's rate requirement, entry requirement, operational requirement or other requirements.
B. All TNC drivers shall be independent contractors and not employees of the TNC if all of the following conditions are met:
1. The TNC does not prescribe specific hours during which a TNC driver must be logged into the TNC's digital network;
2. The TNC imposes no restrictions on the TNC driver's ability to utilize digital networks from other TNCs;
3. The TNC does not restrict a TNC driver from engaging in any other occupation or business; and
4. The TNC and TNC driver agree in writing that the driver is an independent contractor with respect to the TNC.
Added by Laws 2015, c. 279, § 21, eff. July 1, 2015. Amended by Laws 2023, c. 58, § 2, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1050. Short title - Peer-to-Peer Car Sharing Program Act.

Sections 1 through 15 of this act shall be known and may be cited as the "Peer-to-Peer Car Sharing Program Act".
Added by Laws 2021, c. 280, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1052. Assumption of liability.

A. A peer-to-peer car sharing program shall assume liability, except as provided in subsection B of this section, of a shared vehicle owner for bodily injury or property damage to third parties or uninsured and underinsured motorist or personal injury protection losses during the car sharing period, in an amount stated in the peer-to-peer car sharing program agreement, which shall not be less than those set forth in Section 7-600 et seq. of Title 47 of the Oklahoma Statutes.
B. Notwithstanding the definition of "car sharing termination time" as set forth in Section 2 of this act, the assumption of liability under subsection A of this section shall not apply to any shared vehicle owner when a shared vehicle owner:
1. Makes an intentional or fraudulent material misrepresentation or omission to the peer-to-peer car sharing program before the car sharing period in which the loss occurred; or
2. Acts in concert with a shared vehicle driver who fails to return the shared vehicle pursuant to the terms of the car sharing program agreement.
C. Notwithstanding the definition of "car sharing termination time" as set forth in Section 2 of this act, the assumption of liability under subsection A of this section shall apply to bodily injury, property damage, uninsured and underinsured motorist or personal injury protection losses by damaged third parties required by Section 7-600 et seq. of Title 47 of the Oklahoma Statutes.
Added by Laws 2021, c. 280, § 3, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1054. Notice to shared vehicle owners.

At the time a vehicle owner registers as a shared vehicle owner on a peer-to-peer car sharing program and prior to the time the shared vehicle owner makes a shared vehicle available for car sharing on the peer-to-peer car sharing program, the program shall notify the shared vehicle owner that, if the shared vehicle has a lien against it, the use of the shared vehicle through a peer-to-peer car sharing program, including use without physical damage coverage, may violate the terms of the contract with the lienholder.
Added by Laws 2021, c. 280, § 5, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1055. Exclusions and limitations by insurers.

A. An authorized insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage and the duty to defend or indemnify for any claim afforded under a shared vehicle owner's motor vehicle liability insurance policy including, but not limited to:
1. Liability coverage for bodily injury and property damage;
2. Personal injury protection coverage;
3. Uninsured and underinsured motorist coverage;
4. Medical payments coverage;
5. Comprehensive physical damage coverage; and
6. Collision physical damage coverage.
B. Nothing in the Peer-to-Peer Car Sharing Program Act shall invalidate or limit an exclusion contained in a motor vehicle liability insurance policy including any insurance policy in use or approved for use, that excludes coverage for motor vehicles made available for rent, sharing, hire or for any business use.
C. Nothing in the Peer-to-Peer Car Sharing Program Act invalidates, limits or restricts an insurer's ability under existing law to underwrite any insurance policy. Nothing in the Peer-to-Peer Car Sharing Program Act invalidates, limits or restricts an insurer's ability under existing law to cancel and non-renew policies.
Added by Laws 2021, c. 280, § 6, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1056. Vehicle use records.

A peer-to-peer car sharing program shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, car sharing period pickup and drop off locations, fees paid by the shared vehicle driver and revenues received by the shared vehicle owner, and provide that information upon request to the shared vehicle owner, the shared vehicle owner's insurer or the shared vehicle driver's insurer to facilitate a claim coverage investigation, settlement, negotiation or litigation. The peer-to-peer car sharing program shall retain the records for a time period not less than the applicable personal injury statute of limitations.
Added by Laws 2021, c. 280, § 7, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 47. Motor Vehicles › §47-1057. Exemption from vicarious liability.

A peer-to-peer car sharing program and a shared vehicle owner shall be exempt from vicarious liability consistent with 49 U.S.C., Section 30106, and under any state or local law that imposes liability solely based on vehicle ownership.
Added by Laws 2021, c. 280, § 8, eff. Nov. 1, 2021.