OWOA NEWSLETTER
MAY 2001
NON MEMBER NEWSLETTER
Dear Fellow Wrecker Owners:
SB 520 passed the House Floor without any NO votes. We have not had one NO vote cast against SB520.
Those of you that have taken the time to contact your Legislators have
done a very good job. Shame on those of you that haven't done anything.
It's time to get involved and get in the "game".
Please consider joining us in deciding our future.
Representative Ray McCarter (Marlow) did a wonderful job handling this
bill and it's presentation and deserves the credit for its passage.
We need to contact every Representative and give them a BIG THANKS for supporting SB 520. But it's not over yet. The Title was removed from SB 520 in the Senate, which means it must now go to a Conference Committee and have the exact language worked out and then must be voted on again. Usually the bill will pass without any problems once both sides have agreed on the language of the bill. Our only opposition is the State Farm lobbyist. State Farm is apprehensive about the wording relating to "spills". The "spill" language may be removed from the bill. Insurance companies will still be responsible for wrecker and storage fees even when vehicles are abandoned. If they want the vehicle, they will still be responsible for all legal reasonable fees.
The State Farm lobbyist wants to remove the language regarding storage but we don't think that would be fair to us. The lobbyist didn't know that it took 42 days at a minimum to be able to dispose of a vehicle. We must store a vehicle 1-1/2 months to be able to get rid of it. The lobbyist also thinks that the wording to pay for wrecker and storage is somewhere else in Oklahoma Law. I asked him to show it to me because it isn't there.
Representative McCarter probably could have run SB 520 and forced a victory over the objections of the State Farm lobbyist, but we wanted to show the lobbyist and the Legislators that we are reasonable and fair. We don't want to "bully" our way through the Legislature. We want everyone to know we are fair and reasonable. We expect to be treated fairly with respect and we will do the same. We hope we have sent a message to the State Farm lobbyist that we are willing to work out a reasonable agreement with anyone, anytime. We don't want to cause hard feelings. We feel this should make things easier for us in the future.
If we do encounter some difficulties in the Conference Committee I will fax and email requesting HELP again. Please help if I send the message. I fax about 150 messages and many emails. I know it takes time out of your day to contact these Legislators, but think how long it take me to send this many faxes. It is important stuff and I really appreciate all the support you have shown. It is paying off, I promise.
In regards to SB 83, Representative Chris Benge has agreed to remove the language that would require one day only to acquire the registration information on a "PPI" tow. We really appreciate all the Representative's concern when we pointed out the problems. This bill was originally introduced to add the language to PPI tows that requires the Law Enforcement copy be sent to the County Sheriff's Office if no municipal law enforcement agency is involved. It states that on the form but it isn't stated in Oklahoma Law. The DPS wanted to add that language.
Senator Mike Johnson of Kingfisher added an amendment in the Senate to the original language. Senator Johnson has an automobile dealership in Kingfisher. We also stopped a House Bill earlier this year with the same language. We hope there are no other hidden places that this language can show up. It would cause a great hardship on wrecker owners and would require a PPI tow not be performed if there wasn't enough time to get a checker mailed by certified mail or taken to a tag agent on the day of the tow.
This is a good example of how easy it is to have wording that is detrimental to us to be added to a bill and "slide through" and cause us lots of problems. This is the reason we must have a presence at the Capitol every year. This is why we need lobbyists. Bruce Robertson and Bob Morgan have done a very good job and we need to support them.
LAST MEETING
We met in Tulsa at Sutphen's Barbeque. Our guest was Gene Fitzpatrick from the DPS-MVID. Mr. Fitzpatrick covered the proposed rule changes and answered many questions. This was the first time I remember anyone from the DPS going to Tulsa since Joe Wall was the Director of the MVID. We really enjoyed the meeting and I know everyone in Tulsa was very happy to meet Gene in person. I have mentioned how wonderful it is to have someone that considers all sides before taking a stand on an issue. A man that realizes we are entrepreneurs and we must make a fair reasonable profit to stay in business. He does take his job of protecting the public seriously. I know everyone at the meeting that hadn't met Mr. Fitzpatrick before was impressed.
The DPS/MVID handles around 75,000 vehicle reports per year. They are responsible for more than just wreckers. Safety stickers and handicap parking placards are also among their duties. Mr. Fitzpatrick covered the rule changes and brought some handouts. He also covered a few areas that are causing him some concern.
INSURANCE RELEASE LETTER
Mr. Fitzpatrick mentioned the letter that he mailed out for insurance companies to be able to obtain the release of vehicles without the owner's consent. The letter is intended to be used for insured's vehicles only. It is not for third party/claimant vehicles. The DPS-MVID intended this to be sent to us by the salvage pools to obtain the release of the vehicle. You may want to be sure it is for an insured's vehicle. The DPS also intends for this letter to make the insurance company/salvage pool solely responsible for any and all property in the vehicle, even items accused of being in the vehicle. Just make sure items aren't disappearing in your lots. This letter doesn't cover theft or neglect. The DPS-MVID will hold you harmless from problems if this letter is used.
PPI TOW FORMS
Mr. Fitzpatrick wants to be certain that EVERY PPI tow form is signed by the property owner. It is not acceptable to have the wrecker driver sign both lines on the form. This practice will cause you problems. It is not an acceptable practice and should be stopped immediately. Failure to properly execute the forms and procedures is considered "larceny of an automobile". It will be hard to get a wrecker license if you are convicted of Auto Theft.
When a leinholder wants to pick up a vehicle they should have a "repo" title. If you have a working relationship with a finance company or a repo service, you may continue that practice unless a problem arises. The Regulation book has been interpreted that for full legal protection the leinholder should get a "repo title". Mr. Fitzpatrick checked with Ruby Daley of the Oklahoma Tax Commission and was informed that a "repo title" can be obtained in one day and the registration form (receipt from the tag agency/Tax Commission) can be used as a title or proof of ownership. Since a "repo title" is so easy to obtain, Mr. Fitzpatrick feels that this is the best way to protect the wrecker owner without causing harm to the leinholder.
RELEASE OF PERSONAL PROPERTY & INSPECTIONS
While some of us have more stringent rules imposed by a municipality, Mr. Fitzpatrick wants to be sure to let his feelings be known. He does sympathize with us about having to go to our lots late at night to allow someone to remove property without releasing the vehicle. The Regulation doesn't cover this process. Mr. Fitzpatrick believes every vehicle owner has a right to inspect his vehicle when he/she needs to inspect it. We do have the right to encourage the owner to wait for normal business hours. The owner is entitled to ONE after hours visit if he/she needs it (e.g. lives out of town, needs medicine/glasses, has no other clothes, etc.). We do not want to give the impression that wrecker owners are heartless or cruel. If there is a reason the owner needs in the vehicle, please make concessions one time. This does apply to the vehicle owner. It does not apply to aunts, uncles, cousins, adjusters, lienholders and friends. Law enforcement agencies must be allowed full access any time, day or night without any access fees. If a wrecker is required to lift a vehicle for inspection or tests, I would believe work & wait time would be allowed if the service is requested by the law enforcement officer.
Mr. Fitzpatrick believes every leinholder has a right to inspect the collateral one time without being required to pay the charges due. This should be done during normal business hours and you are not required to allow the inspection after hours, weekends, and holidays. You cannot make them pay the charges in advance of the inspection.
If the owner of the vehicle wants to inspect the vehicle after hours and after the first visit Mr. Fitzpatrick feels that it is allowable to charge an access fee for that visit. An access fee charged during normal business hours is not acceptable. The fee suggested was at a rate around $10.00 per 15-minute increments. This fee should be paid "up front" and not show up on the invoice for the insurance company to pay. You will need to make a separate invoice for these charges. Mr. Fitzpatrick doesn't feel the insurance company should be responsible for these charges. If these charges show up on an invoice with a complaint from the insurance company, you will be asked to refund the money to the insurance company. Forewarned is foretold. If Mr. Fitzpatrick doesn't receive any complaints, he has no problems with our process. He must investigate any and all complaints he receives.
The fee for access should not be confused with "after hours release fee" which is set by statute at $5.00. If the vehicle owner wants the vehicle after hours, you may only charge the $5.00 fee. While Mr. Fitzpatrick agrees that this fee is too low, it is still law. You may not charge an access fee to release a vehicle after hours. You may encourage the owner to wait for the next business day, but you may not refuse to release the vehicle. This may be a fee that we wish to address in the next Legislative session. The DPS is agreeable to adjusting this fee. If you feel this fee needs to be changed, please contact the OWOA with your support.
We also covered the proposed rule changes that were covered at the Administrative Rule Change Meeting in Oklahoma City on March 15th. I covered those items in last month's newsletter.
TRAA TESTING
We tried to setup a test in Oklahoma City on April 28th but it fell through. Jim Wilson of Jim's Truck Center in Cushing is going to host a test session at his shop and will get a proctor to give the test. We will hold the test on a Saturday morning around 10:00 AM. I assume it will be the last half of the month (19th or 26th). If you would like to take level 1 or level 2 of the TRAA Certification Test, please contact Jim Wilson at (918) 225-1013. Test fees for level one are $100.00 members / $125.00 non-members and level 2 fees are $160.00 members / $200 non-members. There is an application to be filled out and sent in with the fees made payable to OWOA. Contact Jim Wilson or the OWOA office or Chris Puckett (405) 632-4401 for a test form. You must also send a passport photo with the fees and application. You may get a passport photo at almost any "copy" or photo shop or at Eckerd, Walgreen, Kmart, or Wal-Mart. The photos are usually less than $10.00. We must forward the application and fees to TRAA so the tests can be sent to the proctor. The TRAA will not send the tests to a wrecker owner. We must have enough time to send the applications in and receive the tests. We must have all paperwork in by May 10th to be able to get the tests in time.
NEXT MEETING - ARDMORE, OK
Our next meeting is scheduled for Tuesday (2nd Tuesday of the month as always) May 8th in Ardmore at Cattle Rustler's, 110 Holiday Drive, Ardmore, OK. There will be a Directors Meeting at 6:30 PM and the meal starts at 7:00 PM and the Meeting at 8:00 PM. Cattle Rustler's is located east of I-35 and North of Hwy 70. Take Exit 31 which is Hwy 70 (also known as Broadway) and go east a very short distance. Holiday Dr is the first street East of I-35 and extends North from Broadway (Hwy 70). According to my Streets & Trips program there is a Best Western Motel at Holiday Drive. The Restaurant appears to be behind the motel. Our host is Mike and Kateri Thompson from Mud Creek Wrecker in Ringling, Oklahoma. We will go over the results of the Legislative session and where we are on the Bills. We will also discuss what we want to do next year. Whether we want to go for a fuel surcharge, illegal wreckers, or other ideas. Now is when we should make plans for next year.
BOARD MEETING IN ARDMORE - 6:30 PM (BEFORE MEAL)