OWOA NEWSLETTER

FIRST QUARTER - 2002

Non-Members

Dear Fellow Wrecker Owners:

I was finally able to meet Ed Burr.  Ed is the Tulsa area DPS Wrecker Inspector/Auditor.  Ed attended the Tulsa meeting in January.  Ed covered a few areas that he sees that some wrecker owners need to address.  The use of a log to list all calls is needed by each licensed wrecker.  Making sure that your wrecker has all the equipment needed to meet the requirements of our Regulation Manual.  Also checking that the gates and fences are in good shape.  He wants to make sure an invoice is a “stand alone” record.  This is sometimes difficult for a wrecker driver to list all the events, needs and occurrences at an accident scene while writing out his invoice.  It is such a let down when the adrenaline stops flowing that it seems almost anti-climatic.  Sometimes items or explanations are not made on the invoice at the time of invoicing.  That is why it is very important for a wrecker owner to be sure his driver(s) document(s) the towing event as well as possible. 

Dewey Farrington always says that any large recovery event is hard to determine what the appropriate fee is unless you’re standing in the middle of the road at the scene of the incident.  It's easy to second guess someone from a warm, dry office chair behind a desk days (or weeks or months) after an event instead of standing on the shoulder of a highway in 3 feet of mud &/or ice and snow on Saturday night at 1:00 AM dodging drunks on the roadway while observing a difficult recovery with poor weather conditions.  But I am sure these are things that are taken into consideration during the inspection/audit.  It was a real pleasure to have Ed Burr at our meeting. 

S.T. Bolding (the Oklahoma City DPS Wrecker Inspector) attended our February meeting in OKC.  We held the meeting in OKC to be able to meet with our Legislative consultants for the upcoming Legislative session.  That’s the reason I decided to hold the meeting in OKC again so quickly.  We need to go over the language of our bills for this session.  Chris Tyler (Sapulpa) is introducing a bill in the House to help insurance companies obtain the release of vehicle more easily.  We hope to be able to reach a solution acceptable to both parties.

LIENHOLDER AND STORAGE FEES

I received a call from Rose Morgan that a leinholder in Tulsa had been warned by a wrecker owner that they would be held responsible for wrecker and storage fees of a totaled out vehicle.  There was no insurance on this vehicle.  The leinholder was told that it was a “new law” in Oklahoma.

There has not been a new law passed since May 2001.  There was a wrecker owner (OWOA Vice-President) in Owasso, Oklahoma that was able to document the ownership of a burned vehicle and that he was able to convince a Small Claims Court Judge that he was entitled to be paid by the owner (the leinholder put the title in their name to collect insurance fees) due to the language in our DPS Regulation Manual that has been in our “regs” since Joe Wall was the Director of the MVID (that was a long time ago).  It is not a new law. 

If a wrecker owner wants to push the issue and attempt to take a leinholder to court to collect wrecker and storage fees he will be required to prove his cause for action and that he is entitled to collect for his fees under the law.  The previous win in Small Claims Court doesn’t have any precedence over any new case.  You could lose as easily as you could win.  It is not a “given” that a leinholder is required to make any payment for wrecker and storage.  It is your choice as an independent businessperson whether you chose to collect fees you feel you are entitled to or if you decide to “work things out”.  It is your choice and your choice alone.  If wrecker owners cause leinholders too many problems, I assure you we will see legislation that will cause us problems.  Use your head so we all don't suffer.

Senate Bill 968 has been introduced in the 2002 Legislative Session to help wrecker owners clear up the language.  This was at the request of the Tulsa Judge that heard the case.  We need to make sure we have enough support for SB968 so we can get the bill passed.  We need to make sure the Senators and Representatives know that we need to be paid when we help law enforcement clear the street.  It's not our idea to clear the street- it's our job.  We need to be paid!  If you would like to help pass this bill, contact the OWOA for a membership application. 

TEXAS “CHECKERS” BY FAX – MEMBERS ONLY

Texas DOT has made computer vehicle records available on the Internet.  You must be registered with Texas DOT a setup fee of $200.00 and a fee for each record.  You must meet all requirements of the privacy act in Texas.  The Texas Towing and Storage Association has obtained a permit and approval to offer title registration information to wrecker services in Texas and the surrounding states.  If you would like to be able to have Texas Registration information within a few hours or days instead of weeks you may contract with the TTSA to receive this information.  There will be a few requirements. 

If you are a OWOA Member in good standing and wish to access Texas Title/Registration information by fax then contact the OWOA for an application (to be available soon) to fill out and forward to the TTSA.  There will be a one-time, non-refundable $50.00 setup fee (checks payable to the Texas Towing and Storage Association).  Forward your application with the $50.00 setup fee to the OWOA address (300 SW 29^th – OKC, OK  73109) to forward to the TTSA.  Then you will be given a fax number to send for your registration requests.  Each record will be $10.00.  If there is no record to access (e.g. the vehicle has a Texas tag but is not registered in Texas) then the fee will be $5.00.  The fees will be billed monthly to the wrecker service and the fees each month must be paid before any new registration checkers will be sent.  Your dues to the OWOA must be current or you will not be allowed to access the information.  You will need to make sure your VIN is correct before you fax it to the TTSA or you will be charged the fee for a “no record” VIN.  You will also need access to a fax machine, preferable a dedicated fax line. 

The advantage is the reduced time to acquire a Texas Registration checker and that the OTC/MVD has finally approved the use of faxed registration “checkers” as long as the sending party can easily be determined.  In other words, they want a fax and not a copy of a fax (which is hard to determine).  But at least it is a step in the right direction. 

Friends of Towing Raffle

Once again the Friends of Towing is holding a raffle to support the Wrecker Museum in Tennessee.  Dewey Farrington has the raffle tickets and the Grand Prize is really special this year.  The Grand Prize winner will win a 1929 fully restored wrecker.  The hand winches work and it is fully operational according to the Friends of Towing.  The second place prize is a restored gas pump and the 3^rd place is a restored oil pump.  There is a photo of the restored wrecker on the cover of the January 2002 Tow Times.  Inside is an article dedicated to the restoration of the wrecker.