OKLAHOMA WRECKER OWNERS
NON-MEMBERS
MARCH, 2001 NEWSLETTER
DEAR FELLOW WRECKER OWNERS:
LEGISLATIVE SESSION – INTRODUCED BILLS
The Legislative Session started February 5th. In the past a "shell" bill could be introduced and then the language added later. This gave a chance to check with Legislators to see if there were any problems or concerns that could be addressed to resolve conflicts later. The Bill must have the language set up before introduction. We weren't able to get a bill in addressing illegal wreckers this year. We will address that next session. Hopefully we will be able to get some assistance from the DPS so the language will be acceptable to all concerned.
HB1728 was introduced to reduce the time to acquire owner/lien holder information from 3 days to 24 hours. The notice to the owner/lien holder would be reduced from 7 days to 3 days. This would apply to "PPI" tows. Representative Larry Rice from Tulsa introduced the bill. Our lobbyists met with Representative Rice to let him know of our concerns.
The OWOA has a bill running that will aid in the collection of wrecker and storage fees from insurance companies due to a tow at the request of a law enforcement agency. SB520 was authored by Senator Sam Helton (D, Lawton) and Representative Ron Kirby (D, Lawton). If you are interested, please contact me at the OWOA address or from the web site (www.okowa.org) and I will send a copy of the wording. If you would like to help support the bill, contact your Senator AND Representative to let them know you support passage of SB520. While not a complete solution to the problem of insurance dumping, it will help reduce the number of "junk" vehicles dumped on wrecker owners.
SB520 was passed out of the Veterans, Military Affairs and Public Safety Committee on Monday, February 19th. Our lobbyists were present along with Chuck Sittler (Tulsa), Glen Alford (Lawton) and myself. SB520 will be scheduled for a vote of the full Senate in the next couple of weeks. It will then go to a House Committee to be voted on and then (if passed out of committee) it will go to the House Floor for a vote by the full House. If it passes and doesn't have any added amendments, it will go to the Governor for his signature. It will then become law. We have a very long and hard battle before this happens. So far we haven't received any opposition to SB520 from the insurance industry. We expect to have some problems when the Bill goes to the House of Representatives. If you think this is something that will help you, get involved. If you have ever had an insurance company that is responsible for an accident walk away and not pay you what they owe to clean up the mess caused by their insured, then you need to help. This Bill will not only help your billfold, it will help to get more respect for our industry. Right now a few insurance companies don't think what we do for a living is worth being compensated. It’s time we stood together for our rights! If someone doesn't think what we do is important, let him or her sit in a traffic jam caused by an accident. Wrecker owners are very important not only to transportation needs, but also motorist’s lives. Without a wrecker, no one goes anywhere very fast.
To contact your Senator call (405) 524-0126 and ask for your Senator by name. The House of Representative switchboard is (405) 521-2711. If you don't know your Senator’s or Representative’s name, contact your local election board (in the phone book) give them your address and ask for your Senator and Representative’s name. They will be more than happy to give this information. When you contact the Legislator, give your name, address and phone number in case there are any questions. There is a wealth of information on the Oklahoma Legislature web page (www.lsb.state.ok.us/). The Legislators are very interested in what their constituents want. If you don't call and let them know what you want, they will believe you don't care about the Bill and vote no. Remember, they are Legislators, not mind readers.
DISPATCHERS AND WRECKER OWNERS
At our last meeting in Oklahoma City we were privileged to have Lt. Joe Dukes from the DPS Communication Center. Also attending our meeting with Lt. Dukes was Sgt. Tricia Griffin and Dispatcher Tara Weatherall. Lt. Dukes was very entertaining and provided us with a lot of valuable information and insight as to the duties of a DPS Dispatcher. The Dispatcher is required to perform 3 or 4 jobs at one time. Not only do they dispatch wreckers and Troopers, but they must also communicate with other Law Enforcement agencies nationally and state wide while performing tag and "DL" checks and talking to citizens on the phone.
Lt Dukes explained the necessity of certain DPS Rules for Class AA wrecker dispatching. He explained how important it is to have one phone number (1 for day and 1 for night is acceptable) to contact the wrecker service. They do not have time to call 3 or 4 phone numbers to try to get a wrecker to respond. Not only is the dispatcher trying to dispatch a wrecker, but also they are performing the 3 or 4 other duties at the same time, plus having an excited Trooper on the other end of the radio asking where the wrecker is. It is very stressful when a wrecker’s rotation is up and the wrecker service can't be contacted by phone in a very short period of time. Pagers and answering services are not allowed since it cannot be confirmed immediately if the wrecker service has received the message.
If your phone is temporarily out of service due to storm damage or other problems, you may notify dispatch and they will change your phone number temporarily until phone service can be restored. Or if your wrecker(s) are down and can't make calls, notify dispatch in addition to the DPS/MVID Office so they can temporarily remove you from the rotation log to save time in getting a wrecker dispatched. Sometimes every second counts. The main objective is to get a wrecker where it is needed as soon as possible. If you can't respond immediately, turn the call down. Do NOT accept an OHP call while your wrecker is “loaded” and unable to proceed to the call within a minute or two.
Lt. Dukes also pointed out that if a wrecker cannot be dispatched immediately, the call should be turned down. There is a 20-minute time limit for arriving on the scene in the OKC Metro area (Troop A). The time limits in other Troops may be different due to amount of distance to be traveled or road conditions. Notify the dispatcher immediately if any breakdowns or time delays will be anticipated so the Trooper can be informed. If you cannot take the call immediately, they understand. They know we have more calls to make other than OHP calls. The Dispatcher and Trooper need to get the highway cleared as soon as possible and delays increase the stress on everyone in this process.
It is very important that the wrecker service is able to communicate with dispatch as to the wrecker’s progress to the scene in case the Trooper inquires, "where's my wrecker?". It is a must to be able to let the Trooper know how much longer, or if there is a delay in the ETA so plans can be made.
We were also reminded that it is illegal to speed to an accident scene, even if we are requested to “hurry it up” by the Trooper. It is hard to "hurry it up" in the Metro areas, but in rural areas, this may a normal request. It is illegal and you do not have any protection if involved in an accident. Also, it is illegal to proceed to an accident scene using your overhead lights or flashers. Wreckers are not emergency vehicles under the law. Even if someone is pinned in or under the vehicle, you do not have the protection of the law to use your “overheads” to proceed to the requested tow/recovery site. Read your DPS Regulation book for the exact wording on the use of your "overheads".
IMPORTANCE OF MEMBERSHIP
I mentioned earlier in the newsletter about Representative Rice's bill and the reduction in time limits to be able to collect storage fees for PPI tows. Representative Rice met with us (Bruce Robertson, Bob Morgan, and myself) and listened to our concerns about HB1728. We were able to convince Representative Rice that we couldn't get the needed information in 24 hours. Representative Rice was very understanding and listened to my explanation of what a PPI tow was, why it is needed, and the problems surrounding these tows. Even though the bill has passed the committee, Representative Rice has agreed to not run his bill and see if the changes made last year will alleviate the problems of his constituents. This is why we need a presence at the Capitol every year. This is why we need lobbyists. What would have happened if there weren't any OWOA members to explain our side and stop bad legislation? The bill would pass and we would still be charging less than $30.00 for a hookup. Wrecker owners in other states without strong organizations are having a very difficult time getting what they need to stay in business.
It has come to my attention that a few insurance adjusters are still faxing and using a letter from the Sapulpa Salvage Pool to obtain the release of vehicles without the owner’s consent. Please be advised that releasing a vehicle is every wrecker owner's responsibility and business decision as to requirements made by State Law and listed in the DPS Regulation Book. The facts listed in the Sapulpa Salvage Pool letter are not based on State Law and should not be considered as law. It is not representative of the wording in the house bill that became law, and is false regarding the intent of the law. In other words, it’s not worth the paper it's written on. Members received a copy of the law and guidelines as to how they might decide to interpret the law for their business decision.
The letter we received from the DPS/MVID is to help in the release of vehicles for insurance companies. The letter is intended to help protect the wrecker owner releasing vehicles to an insurance carrier without the owner’s consent. The DPS mailed this letter to help the wrecker owner be held harmless for the release of a vehicle and any and all property (or claims of missing property). It is my understanding that the DPS/MVID will not take any disciplinary action against a wrecker owner releasing a vehicle upon the presentation of this letter for the release of a vehicle by an insurance company representative.
NEXT MEETING
Our next meeting will be in Shawnee. Earl Finch with E & J Wrecker in Shawnee will be our host. He has made arrangements at Fire Lake Golf & Country Club Restaurant. Dress is casual and we need a head count by Noon on Monday (March 12th). If you wish to email your reservation on the website, I need that by Sunday (3/11) evening. You may call your reservation to (405) 632-4401 or fax it to (405) 631-3460. I only need one reservation per person. Please don't fax and call and email unless you are really, really hungry. The meal will be a choice of Rib-eye steak, chicken, or shrimp. The meal, tax and tip will be under $18.00 per head. Fire Lake Golf & Country Club is located across the street from Mission Hills Hospital on Gordon Cooper Drive (South of Shawnee). Feel free to attend the meeting even if you can't make it in time for the meal. It is never a requirement to attend the meal to be able to attend the meeting. However, the meal is deductible on your taxes if you itemize.
To get to Fire Lake Golf & Country Club from OKC, take I-40 East to Hwy 177 (exit 181). Take Hwy 177 South to Hardesty Road. From Hardesty Road go East to Gordon Cooper Drive. On Gordon Cooper Drive go South approximately 1 mile. You will see Mission Hills Hospital. Fire Lake G&CC will be across the street.
To arrive from the East take Hwy 18 South from I-40. Hwy 18 (exit 186) starts off as Harrison and will eventually turn into Gordon Cooper Drive. Follow Hwy 18 through Shawnee to Fire Lake G&CC which is approximately one mile South of Hardesty Rd.
Chris Ryan from Rush Truck Center Body Shop has donated a Peterbilt Jacket for a drawing in Shawnee. Some lucky member will get to wear this jacket home. Rush also donated a jacket for our January meeting in Krebs. We really appreciate the support. It is a very nice jacket. Our lobbyists should be present to bring us up to date on SB520 and to make plans for our Bill in the House of Representatives. We should also know by that time if there is any insurance opposition and how much work we will need.
We will also have a short Director's meeting beginning at 6:30 PM.
FIRE LAKE GOLF & COUNTRY CLUB
SOUTH OF SHAWNEE ON GORDON COOPER DRIVE
SHAWNEE OKLA. - TUESDAY -
MARCH 13TH, 2001
DIRECTOR’S
MEETING 6:30 pm
MEAL
STARTS AT 7:00 PM
MEETING
STARTS AT 8:00 PM
GENE FITZPATRICK TO COVER DPS RULE
CHANGE REQUESTS
CALL FOR
RESERVATIONS – (405) 632-4401
FAX –
(405) 631-3460
EMAIL THE “PREZ” –
www.okwoa.org
NEED RESERVATIONS BY NOON MONDAY (EMAIL SUNDAY PM)
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