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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1136 By: Fetgatter
AS INTRODUCED
An Act relating to motor vehicles; requiring the
registration and titling of High -mobility
Multipurpose Wheeled Vehicles; requiring the
promulgation of certain rules; authorizing operation
of High-mobility Multipurpose Wheeled Vehicles;
requiring compliance with certain regulations and
rules; amending 47 O.S. 2011, Section 1102, as last
amended by Section 1, Chapter 57, O.S.L. 2016 (47
O.S. Supp. 2020, Section 1102), which relates to
definitions used in the Oklahoma Vehicle License and
Registration Act; defining term; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1151.5 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. High-mobility Multipurpose Wheeled Vehicles (HMMWVs) shall
be titled and registered pursuant to the provisions of the Oklahoma
Vehicle License and Registration Act. The Oklahoma Tax Commission
shall promulgate rules for the titling and registration of HMMW Vs.
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B. High-mobility Multipurpose Wheeled Vehicles (HMMWVs) which
have been titled and registered pursuant to the provisions of the
Oklahoma Vehicle License and Registration Act may be operated on the
roadways of this state. Operators of HMMWVs shall com ply with all
traffic regulations and rules of conduct for the operation of motor
vehicles on the roadways of this state as provided by law.
SECTION 2. AMENDATORY 47 O.S. 2011, Section 1102, as
last amended by Section 1, Chapter 57 , O.S.L. 2016 (47 O.S. Supp.
2020, Section 1102), is amended to read as follows:
Section 1102. As used in the Oklahoma Vehicle License and
Registration Act:
1. "All-terrain vehicle" means a vehicle manufactured and used
exclusively for off-highway use traveling on four or more non -
highway tires, and being fifty (50) inches or less in width;
2. "Carrying capacity" means the carrying capacity of a vehicle
as determined or declared in tons of cargo or payload by the owner;
provided, that such declared capac ity shall not be less than the
minimum tonnage capacity fixed, listed or advertised by the
manufacturer of any vehicle;
3. "Certificate of title" means a document which is proof of
legal ownership of a motor vehicle as described and provided for in
Section 1105 of this title;
4. "Chips and oil" or the term "road oil and crushed rock"
means, with respect to materials authorized for use in the surfacing
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of roads or highways as provided for in this title or in any
equivalent statute pertaining to road or hig hway surfacing in the
State of Oklahoma, any asphaltic materials. Wherever chips and oil
or road oil and crushed rock are authorized for use in the surfacing
of roads or highways in this state, whether by the Department of
Transportation, or by the county commissioners, or other road
building authority subject to the Oklahoma Vehicle License and
Registration Act, asphaltic materials are also authorized for use in
such surfacing and construction;
5. "Combined laden weight" means the weight of a truck or
station wagon and its cargo or payload transported thereon, or the
weight of a truck or truck -tractor plus the weight of any trailers
or semitrailers together with the cargo or payload transported
thereon;
6. "Commercial trailer" means any trailer, as defin ed in
Section 1-180 of this title, or semitrailer, as defined in Section
1-162 of this title, when such trailer or semitrailer is used
primarily for business or commercial purposes;
7. "Commercial trailer dealer" means any person, firm or
corporation engaged in the business of selling any new and unused,
or used, or both new and used commercial trailers;
8. "Commercial vehicle" means any vehicle over eight thousand
(8,000) pounds combined laden weight used primarily for business or
commercial purposes. E ach motor vehicle being registered pursuant
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to the provisions of this section shall have the name of the
commercial establishment or the words "Commercial Vehicle"
permanently and prominently displayed upon the outside of the
vehicle in letters not less th an two (2) inches high. Such letters
shall be in sharp contrast to the background and shall be of
sufficient shape and color as to be readily legible during daylight
hours, from a distance of fifty (50) feet while the vehicle is not
in motion;
9. "Commission" or "Tax Commission" means the Oklahoma Tax
Commission;
10. "Construction machinery" means machines or devices drawn as
trailers which are designed and used for construction, tree trimming
and waste maintenance projects, which derive no revenue from the
transportation of persons or property, whose use of the highway is
only incidental and which are not mounted or affixed to another
vehicle; provided, construction machinery shall not include
implements of husbandry as defined in Section 1 -125 of this title;
11. "Dealer" means any person, firm, association, corporation
or trust who sells, solicits or advertises the sale of new and
unused motor vehicles and holds a bona fide contract or franchise in
effect with a manufacturer or distributor of a particul ar make of
new or unused motor vehicle or vehicles for the sale of same;
12. "Mini-truck" means a foreign -manufactured import or
domestic-manufactured vehicle powered by an internal combustion
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engine with a piston or rotor displacement of one thousand cub ic
centimeters (1,000 cu cm) or less, which is sixty -seven (67) inches
or less in width, with an unladen dry weight of three thousand four
hundred (3,400) pounds or less, traveling on four or more tires,
having a top speed of approximately fifty -five (55) miles per hour,
equipped with a bed or compartment for hauling, and having an
enclosed passenger cab; "High-mobility Multipurpose Wheeled Vehicle"
or "HMMWV" means a four -wheel-drive tactical military vehicle that
can carry a wide variety of military hardw are, more commonly known
as a Humvee;
13. "Interstate commerce" means any commerce moving between any
place in a state and any place in another state or between places in
the same state through another state;
14. "Laden weight" means the combined weight of a vehicle when
fully equipped for use and the cargo or payload transported thereon;
provided, that in no event shall the laden weight be less than the
unladen weight of the vehicle fully equipped for use, plus the
manufacturer's rated carrying capacity;
15. "Local authorities" means every county, municipality or
local board or body having authority to adopt police regulations
under the Constitution and laws of this state;
16. "Low-speed electrical vehicle" means any four -wheeled
electrical vehicle that is powered by an electric motor that draws
current from rechargeable storage batteries or other sources of
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electrical current and whose top speed is greater than twenty (20)
miles per hour but not greater than twenty -five (25) miles per hour
and is manufactured in compliance with the National Highway Traffic
Safety Administration standards for low -speed vehicles in 49 C.F.R.
571.500;
17. "Manufactured home" means a residential dwelling built in
accordance with the National Manufactured Housing Constructio n and
Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq., and
rules promulgated pursuant thereto and the rules promulgated by the
Oklahoma Used Motor Vehicle and Parts Commission pursuant to Section
582 of this title. Manufactured home shall no t mean a park model
recreational vehicle as defined in this section;
18. "Manufactured home dealer" means any person, firm or
corporation engaged in the business of selling any new and unused,
or used, or both new and used manufactured homes. Such inform ation
and a valid franchise letter as proof of authorization to sell any
such new manufactured home product line or lines shall be attached
to the application for a dealer license to sell manufactured homes.
"Manufactured home dealer " shall not include an y person, firm or
corporation who sells or contracts for the sale of the dealer's own
personally titled manufactured home or homes. No person, firm or
corporation shall be considered a manufactured home dealer as to any
manufactured home purchased or acqu ired by such person, firm or
corporation for purposes other than resale; provided, that the
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restriction set forth in this sentence shall not prevent an
otherwise qualified person, firm or corporation from utilizing a
single manufactured home as a sales off ice;
19. "Medium-speed electrical vehicle" means any self -propelled,
electrically powered four -wheeled motor vehicle, equipped with a
roll cage or crush-proof body design, whose speed attainable in one
(1) mile is more than thirty (30) miles per hour but not greater
than thirty-five (35) miles per hour;
20. "Mini-truck" means a foreign -manufactured import or
domestic-manufactured vehicle powered by an internal combustion
engine with a piston or rotor displacement of one thousand cubic
centimeters (1,000 c u cm) or less, which is sixty -seven (67) inches
or less in width, with an unladen dry weight of three thousand four
hundred (3,400) pounds or less, traveling on four or more tires,
having a top speed of approximately fifty -five (55) miles per hour,
equipped with a bed or compartment for hauling, and having an
enclosed passenger cab;
21. "Motor license agent" means any person appointed,
designated or authorized by the Oklahoma Tax Commission to collect
the fees and to enforce the provisions provided for in the Oklahoma
Vehicle License and Registration Act;
21. 22. "New vehicle" or "unused vehicle" means a vehicle which
has been in the possession of the manufacturer, distributor or
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wholesaler or has been sold only by the manufacturer, distributor or
wholesaler to a dealer;
22. 23. "Nonresident" means any person who is not a resident of
this state;
23. 24. "Off-road motorcycle" means any motorcycle, as defined
in Section 1-135 of this title, when such motorcycle has been
manufactured for and used exclusively off roads, highways and any
other paved surfaces;
24. 25. "Owner" means any person owning, operating or
possessing any vehicle herein defined;
25. 26. "Park model recreational vehicle" means a vehicle that
is:
a. designed and marketed as temporary livin g quarters for
camping, recreational, seasonal or travel use,
b. not permanently affixed to real property for use as a
permanent dwelling,
c. built on a single chassis mounted on wheels with a
gross trailer area not exceeding four hundred (400)
square feet in the setup mode, and
d. certified by the manufacturer as complying with
standard A119.5 of the American National Standards
Institute, Inc.;
26. 27. "Person" means any individual, copartner, joint
venture, association, corporation, limited liability com pany,
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estate, trust, business trust, syndicate, the State of Oklahoma, or
any county, city, municipality, school district or other political
subdivision thereof, or any group or combination acting as a unit,
or any receiver appointed by the state or federa l court;
27. 28. "Rebodied vehicle" means a vehicle:
a. which has been assembled using a new body or new major
component which is of the identical type as the
original vehicle and is licensed by the manufacturer
of the original vehicle and other original, new or
reconditioned parts. For purposes of this paragraph,
"new body or new major component" means a new body,
cab, frame, front-end clip or rear-end clip,
b. which is not a salvage, rebuilt, or junked vehicle as
defined by paragraph paragraphs 1, 2, or and 6 of
subsection A of Section 1105 of this title, and
c. for which the Tax Commission has assigned or will
assign a new identifying number;
28. 29. "Recreational off-highway vehicle" means a vehicle
manufactured and used exclusively for off -highway use, traveling on
four or more non-highway tires, and being sixty -five (65) inches or
less in width;
29. 30. "Recreational vehicle" means every vehicle which is
built on or permanently attached to a self -propelled motor chassis
or chassis cab which becomes an integral part of the completed
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vehicle and is capable of being operated on the highways. In order
to qualify as a recreational vehicle pursuant to this paragraph such
vehicle shall be permanently constructed and equipped for human
habitation, having it s own sleeping and kitchen facilities,
including permanently affixed cooking facilities, water tanks and
holding tank with permanent toilet facilities. Recreational vehicle
shall not include manufactured homes or any vehicle with portable
sleeping, toilet and kitchen facilities which are designed to be
removed from such vehicle. Recreational vehicle shall include park
model recreational vehicles as defined in this section;
30. 31. "Remanufactured vehicle" means a vehicle which has been
assembled by a vehicle remanufacturer using a new body and which may
include original, reconditioned, or remanufactured parts, and which
is not a salvage, rebuilt, or junked vehicle as defined by
paragraphs 1, 2, and 6, respectively, of subsection A of Section
1105 of this title;
31. 32. "Rental trailer" means all small or utility trailers or
semitrailers constructed and suitable for towing by a passenger
automobile and designed only for carrying property, when the
trailers or semitrailers are owned by, or are in the posses sion of,
any person engaged in renting or leasing such trailers or
semitrailers for intrastate or interstate use or combined intrastate
and interstate use;
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32. 33. "Special mobilized machinery" means special purpose
machines or devices, either self -propelled or drawn as trailers or
semitrailers, which derive no revenue from the transportation of
persons or property, whose use of the highway is only incidental,
and whose useful revenue -producing service is performed at
destinations in an area away from the traveled surface of an
established open highway;
33. 34. "State" means the State of Oklahoma;
34. 35. "Station wagon" means any passenger vehicle which does
not have a separate luggage compartment or trunk and which does not
have open beds, and has one o r more rear seats readily lifted out or
folded, whether same is called a station wagon or ranch wagon;
35. 36. "Travel trailer" means any vehicular portable structure
built on a chassis, used as a temporary dwelling for travel,
recreational or vacational use, and, when factory -equipped for the
road, it shall have a body width not exceeding eight (8) feet and an
overall length not exceeding forty (40) feet, including the hitch or
coupling;
36. 37. "Travel trailer dealer" means any person, firm or
corporation engaged in the business of selling any new and unused,
or used, or both new and used travel trailers. Such information and
a valid franchise letter as proof of authorization to sell any such
new travel trailer product line or lines shall be attached to the
application for a dealer license to sell travel trailers. "Travel
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trailer dealer" shall not include any person, firm or corporation
who sells or contracts for the sale of his or her own personally
titled travel trailer or trailers. No person, firm o r corporation
shall be considered as a travel trailer dealer as to any travel
trailer purchased or acquired by such person, firm or corporation
for purposes other than resale;
37. 38. "Used motor vehicle dealer" means "used motor vehicle
dealer" as defined in Section 581 of this title;
38. 39. "Used vehicle" means any vehicle which has been sold,
bargained, exchanged or given away, or used to the extent that it
has become what is commonly known, and generally recognized, as a
"secondhand" vehicle. This s hall also include any vehicle other
than a remanufactured vehicle, regardless of age, owned by any
person who is not a dealer;
39. 40. "Utility vehicle" means a vehicle powered by an
internal combustion engine, manufactured and used exclusively for
off-highway use, equipped with seating for two or more people and a
steering wheel, traveling on four or more wheels;
40. 41. "Vehicle" means any type of conveyance or device in,
upon or by which a person or property is or may be transported from
one location to another upon the avenues of public access within the
state. "Vehicle" does not include bicycles, trailers except travel
trailers and rental trailers, or implements of husbandry as defined
in Section 1-125 of this title. All implements of husbandry used as
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conveyances shall be required to display the owner's driver license
number or license plate number of any vehicle owned by the owner of
the implement of husbandry on the rear of the implement in numbers
not less than two (2) inches in height. The use of the owner's
Social Security number on the rear of the implement of husbandry
shall not be required; and
41. 42. "Vehicle remanufacturer" means a commercial entity
which assembles remanufactured vehicles.
SECTION 3. This act shall becom e effective November 1, 20 21.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/23/2021 -
DO PASS.