OWOA NEWSLETTER
APRIL 2001
NON MEMBER NEWSLETTER
Dear Fellow Wrecker Owners:
This has been a very busy month. I would like to "brag" about the members (and a few non-members) that have taken time to call their Legislators about our SB520 bill to help stop insurance dumping. We have passed the Senate Floor by a vote of 43-0. We didn't have any NO votes. GOOD JOB! We have also passed in the House Committee. We may be on the House Floor before this newsletter arrives. If you would like to help, be sure to call your Representative and ask for support for SB520. Be sure to call your Senator and thanks them for their support.
The title has been removed from SB520, which means it will need to go to a Conference Committee when (and if) it passes the House floor. We have not received any opposition by the insurance company lobbyists until the House Committee. The State Farm lobbyists is concerned about hazardous waste fees.
I want to brag a little more. The lobbyists reported that a few Senators requested to be listed as co-authors of our bill to show support for our industry. This is a very great compliment. We should all be very proud of the effort and work we have put into improving our industry. We owe our lobbyists a great big THANKS!
DPS ADMINISTRATIVE RULES MEETING
The DPS held an Administrative Rules Meeting at the Robert Lester Training Center in Oklahoma City on March 15th. Several OWOA members were present and were able to have input into the rule making process. The announcement of the meeting arrived after I had finished March's newsletter so I wasn't able to notify anyone except by email and fax. That's why it's so important to have a fax or email address. It also helps for notification of Legislative meetings.
The information collected by the DPS will be presented to a Legislative Committee and, with no opposition, will be signed by the Governor and will become Law around June 16th. The new insurance liability limit rules are scheduled to become law on January 1st, 2002. There were several other items discussed at the meeting that I will cover later in this letter.
Rules were not only setup to raise Liability limits, but also defined some definitions. The definitions of the requirements for inside storage were set. There is a provision that will allow for removal from a rotation log if the basic Regulation requirements are not met. This gives the DPS another method to correct problems without proceeding with a "full blown" License Revocation Meeting, which is a bad thing.
In the old Regulations, a wrecker owner could not knowingly hire a felon. The wrecker owner may not hire a felon. It is easy to find out about felony convictions and business owners need to know whom they hire. If you hire a felon, you will have problems. If the DPS launches an investigation, a wrecker owner is required to help the investigation and provide information about the tow and the charges.
The wrecker owner is not allowed to perform PPI tows without having the property owner/agent sign the State Tow Form. The practice of using a Power of Attorney to remove vehicles from private property without the property owner/agent to inspect the vehicle and sign the form may result in license suspension.
OTHER ITEMS DISCUSSED
It is not the duty of the wrecker owner to provide transportation or shelter for stranded motorists whose vehicles are towed at the request of a law enforcement agency. It is the duty of the Trooper (law enforcement officer) to protect the public. Hence the name, Public Safety.
The DPS feels that the vehicle owner should be allowed access to their vehicle at least once when they decide they need access (for non-consent tows). A wrecker owner is allowed to encourage the vehicle owner to remove personal property and examine the vehicle during normal business hours. If the vehicle owner decides he needs access to his vehicle during "after hours" he should be allowed access. If there is medication or prescription glasses or other very important personal property in the vehicle, you will need to make sure the owner is allowed access for these items at any hour of the day or night. No part of the vehicle is required to be released when personal property is being removed without full payment of the wrecker fees.
The DPS believes a leinholder should be allowed access to view the vehicle one time. It is not acceptable to the DPS to make the leinholder pay the towing and storage fees before inspecting the vehicle under current Oklahoma Statues. It is acceptable to require the leinholder to have a "repo-title" before releasing a vehicle, if that is your business decision or procedure.
If the vehicle owner decides he wants his vehicle released after hours, the maximum after hours fee is $5.00 by State Law. There are no other allowable fees by State Law for the release of the vehicle. Gate Fees, Work and Wait charges, "setup" fees aren't allowed. If you would like to help change the Law, consider becoming a member to help fund our lobbyists for these changes. We have GREAT lobbyists!
The bottom line to all this is: treat other people as you would like for them to treat you if you were in their position. The entire wrecker industry from coast to coast has had to fight hard to overcome a few "bad" operators. Even the movie industry takes "pot shots" at us when they can. We must show professionalism and courtesy to our customers. If you want to be treated as a professional, act like one. The Golden Rule is the best rule to follow when dealing with anyone.
CORRECTION
Last month I made reference to a letter from the Sapulpa Auto Pool that doesn't properly address State Law (HB2543). That letter was written in July 2000 and faxed to insurance companies, who in turn are using this letter to obtain the release of vehicles contrary to State Law. The letter is not dated but the first line states "HB2543 went into effect July 1st, 2000". This is the letter I want to be sure you know doesn't state the facts of our Regulations. Tim Rokisky called and was concerned that the letter in July 2000 would be confused with a NEW letter written this year that correctly states State Law. I haven't seen a copy of this letter but Tim said it followed the wording of Gene Fitzpatrick's letter from the DPS and he wants to be sure we don't confuse the 2 letters he has written. I apologize to Tim. I didn't know he had written a second letter. While I have no idea what the second letter states, I am sure he didn't make the same mistake that was made on the first letter.
Last Meeting 96 Shawnee, OK
Our last meeting had 46 attendees. We discussed the "Admin Rules" meeting and covered SB520's progress. We had a couple of door prizes. Raffle chances were sold to help raise funds for the OWOA. Rush Truck Center Body Shop in Oklahoma City donated a Peterbilt hooded jacket. John Hediger from BJ's Wrecker in Webber's Falls won the jacket. I am pretty sure Brenda Hediger will enjoy the wearing the jacket. I don't give John a chance to wear it. It was a cool jacket.
Oklahoma Wrecker Sales in Oklahoma City donated a MAG LITE flashlight with the rechargeable battery setup. Maurice Green from Lamb Towing II in Tecumseh was the lucky winner of this prize. I am sure we will have at least one door prize for the next meeting.
Contact Dewey Farrington at the OWOA phone number for the opportunity to win a 2000 Chevy 19' Rollback wrecker for a $100.00 raffle ticket. The fundraiser is being offered by the Friends of Towing to support the Towing Museum in Chattanooga, Tenn.
NEXT MEETING
Our next meeting will be in Tulsa on April 10th (2nd Tuesday of the month as usual). We will meet at Sutphen's Barbeque. There is plenty of parking and good food. It is in Northeast Tulsa. Take I-244 and exit at Garnett (exit 14). Go North from I244. There is an Industrial-Business Park on the left side of the road. Sutphens is in the rear of the Industrial Park. The meal will start at 7:00 PM and the meeting will start at 8:00 PM.
Our guest will be Gene Fitzpatrick from the Oklahoma DPS/MVID. Mr. Fitzpatrick will be glad to answer questions. If you have a particular item you are curious about, please fax, email, or let me know by Thursday, April 5th so Mr. Fitzpatrick will have adequate time to research your answer. If you haven't met Mr. Fitzpatrick, this is your chance. I am extremely happy that Mr. Fitzpatrick has accepted our invitation. This is a great show of faith in our ability to work together for the common good of the Oklahoma motoring public. I cannot put into words how much confidence I have in Mr. Fitzpatrick's decisions and interpretation of the rules we must follow. It is a breath of fresh air to have a reasonable, fair man in the position of Director of the MVID. I know Tulsa will give Mr. Fitzpatrick a great show of support. See you in "T-town".
Next Meeting 96 TULSA, OKLA.
SUTPHENS BARBEQUE
10815 E MARSHALL
MEAL 7:00 PM -- MEETING 8:00 PM
EXIT 14 FROM I-244 96 GO NORTH TO MARSHALL- MAKE A LEFT TURN INTO THE INDUSTRIAL PARK
TUESDAY 96 APRIL 10TH,
2001