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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2382 By: Sterling
AS INTRODUCED
An Act relating to motor vehicles; defining term;
requiring certain registration; stating certain
license requirements; amending 47 O.S. 2011, Section
11-1116, as last amended by Section 2, Chapter 315,
O.S.L. 2019 (47 O.S. Supp. 2020, Section 11-1116),
which relates to self -propelled or motor-driven
vehicles; making certain exception for street -legal
utility vehicles; amending 47 O.S. 20 11, 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; defining term; amending 47
O.S. 2011, Section 1113, as last amended by Section
4, Chapter 208, O.S.L. 2018 (47 O.S. Su pp. 2020,
Section 1113), which relates to issuance of
certificate of registration, license plates and
decals; providing for the issuance of license plates,
decals and registration for certain vehicles;
amending 47 O.S. 2011, Section 1115.3, which relates
to registration of all -terrain and utility vehicles;
requiring certain vehicles receive certificate of
registration, license plate and yearly issued decal
before certain operation; providing for codification;
and declaring an emergency .
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 1 -171.1 of Title 47, unless
there is created a duplication in numbering, reads as follows:
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A. A "street-legal utility vehicle (UTV) " is any motor vehicle
having:
1. A bench seat or side -by-side seat for the use of each rider;
2. Four wheels in contact with the ground, but excluding a
tractor;
3. A combustion engine with a pis ton or rotor displacem ent of
four hundred cubic centimeters (400 cu cm) or greater and capable of
maintaining speeds of forty -five (45) miles per hour or greater;
4. For each occupant, safety belts or safety shoulder harnesses
which shall be of a type and shall be installed pu rsuant to 49
C.F.R., Section 571.208 et seq.; and
5. All equipment required by the provisions of Article II et
seq. of Chapter 12 of Title 47 of the Oklahoma Statutes , with
respect to equipment on vehicles.
B. A street-legal UTV operated on the streets a nd highways of
this state shall be registered as a motor vehicle.
C. The operator of a street-legal UTV shall not be required to
have an "M" endorsement on the Class D license pursuant to Section
6-110.1 of Title 47 of the Oklahoma Statutes . The operator shall be
at least sixteen (16) years of age and hold a valid Oklahoma driver
license.
SECTION 2. AMENDATORY 47 O.S. 2011, Section 11 -1116, as
last amended by Section 2, Chapter 315, O.S.L. 2019 (47 O.S. Supp.
2020, Section 11-1116), is amended to read as follows:
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Section 11-1116. A. The self-propelled or motor-driven and
operated vehicles described in this section shall be prohibited from
operating or shall be limited in operation on the streets and
highways of this state.
B. Self-propelled or motor-driven cycles, known and commonly
referred to as "minibikes" and other similar trade names, shall be
prohibited from operating on the streets and highways of this state,
except:
1. When used in a parade; or
2. When registered, as r equired by subsection E of Section 1151
of this title, and operated in this state by food vendor services
upon streets having a speed limit of thirty (30) miles per hour or
less.
All minibikes offered for sale in this state shall bear the
following notice to the customer: "This machine is not manufactured
or sold for operation on the public streets or highways. Since it
is not provided with equipment required by law for street or highway
use, all persons are cautioned that any operation of this vehicle
upon a public street or highway will be in violation of the motor
vehicle laws of this state and will subject the violator to arrest. "
C. Golf carts and utility vehicles, as defined by Section 1102
of this title, shall not be operated on the streets and high ways of
this state except:
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1. Golf carts or utility vehicles owned by the Oklahoma Tourism
and Recreation Department, and operated by employees or agents of
the Department or employees of independent management companies
working on behalf of the Departmen t, may be operated on the streets
and highways of this state during daylight hours or under rules
developed by the Oklahoma Tourism and Recreation Commission, when
the streets and highways are located within the boundaries of a
state park. The Department shall have warning signs placed at the
entrance and other locations at those state parks allowing golf
carts or utility vehicles to be operated on the streets and highways
of this state located within the boundaries of those state parks.
The warning signs shall state that golf carts and utility vehicles
may be operating on streets and highways and that motor vehicle
operators shall take special precautions to be alert for the
presence of golf carts or utility vehicles on the streets and
highways;
2. The municipal governing body has adopted an ordinance
governing the operation of golf carts and/or utility vehicles on
city streets; provided, such ordinances shall include necessary
vehicle lighting and safety requirements;
3. Golf carts or utility vehicles m ay operate on state highways
only if making a perpendicular crossing of a state highway located
within the boundaries of a municipality which has adopted an
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ordinance governing the operation of golf carts and/or utility
vehicles; or
4. The board of county commissioners of a county has approved
the operation of golf cart and/or utility vehicle traffic on
roadways within the county, and:
a. the roadway has a posted speed limit of twenty -five
(25) miles per hour or less,
b. the roadway is located in an uninco rporated area, and
c. appropriate signage, cautioning motorists of the
possibility of golf cart or utility vehicle traffic,
is erected by the board of county commissioners ; or
5. Street-legal utility vehicles registered as a motor vehicle
pursuant to subsection B of Section 1 of this act. Provided,
however, street-legal utility vehicles shall not be operated on the
National System of Interstate and Defense Highways or U.S. highways.
D. All-terrain vehicles shall not be operated on the streets
and highways of this state, except:
1. On unpaved roads which are located within the boundaries of
any property of the Forest Service of the United States Department
of Agriculture;
2. On highways if:
a. the vehicle needs to make a direct crossing of the
highway while the vehicle is traveling upon a
regularly traveled trail and needs to continue travel
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from one area of the trail to another and, if the
vehicle comes to a complete stop, yields the right -of-
way to all oncoming traffic that constitutes an
immediate hazard, and crosses the highway at an angle
of approximately ninety (90) degrees to the direction
of the street or highway. This exception shall not
apply to divided highways or highways with a posted
speed limit of more than thirty -five (35) miles per
hour in the area of the crossing,
b. the vehicle needs to travel on a highway in order to
cross a railroad track. In that event, the all -
terrain vehicle may travel for not more than three
hundred (300) feet on a highway to cross a railroad
track,
c. the operator of the all-terrain vehicle making the
crossing at a highway has a valid driver license, and
d. the operator of the vehicle makes a crossing on a
highway during daylight hours only;
3. On streets and highways within a municipality if the
municipal governing body has adopted an ordinance governing the
operation of golf carts, utility vehicles or all -terrain vehicles on
streets and highways within the municipality; or
4. On roadways within unincorporated areas of a county if those
roadways are not part of the state highway system or the National
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System of Interstate and Defense Highways; provided, however, that
the driver is a licensed driver.
E. Mopeds, as defined by Section 1 -133.2 of this title, may be
operated on the streets and highways of this state if:
1. The municipal governing body has adopted an ordinance
governing the operation of mopeds on city streets; provided, such
ordinances shall include necessary vehicle lighting and safety
requirements; or
2. The board of county commissioners of a count y has approved
the operation of mopeds on roadways within the county, not including
roadways within a municipality.
SECTION 3. AMENDATORY 47 O.S. 2011, Section 1102, as
last amended by Section 1, Chapter 57, O.S.L. 2016 (47 O.S. S upp.
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 capacity shall not be less th an the
minimum tonnage capacity fixed, listed or advertised by the
manufacturer of any vehicle;
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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
of roads or highways in this title or in any equivalent statute
pertaining to road or highway 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 a uthority
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 tra nsported 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 defined in
Section 1-180 of this title, or se mitrailer, as defined in Section
1-162 of this title, when such trailer or semitrailer is used
primarily for business or commercial purposes;
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7. "Commercial trailer dealer " means any person, firm or
corporation engaged in the business of selling any new a nd 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. Each motor vehicle being registered pursu ant
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 than 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 propert y, 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;
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11. "Dealer" means any person, fi rm, 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 particular make of
new or unused motor vehicle o r vehicles for the sale of same;
12. "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 cu cm) or less, wh ich 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 c ompartment for hauling, and having an
enclosed passenger cab;
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;
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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
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 Manufact ured Housing Construction 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. Ma nufactured home shall not 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 manufact ured homes. Such information
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.
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"Manufactured home deal er" shall not include any 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 acquired by such person, firm or
corporation for purposes other than resale; provided, that the
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 office;
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. "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 O klahoma
Vehicle License and Registration Act;
21. "New vehicle" or "unused vehicle" means a vehicle which has
been in the possession of the manufacturer, distributor or
wholesaler or has been sold only by the manufacturer, distributor or
wholesaler to a dealer;
22. "Nonresident" means any person who is not a resident of
this state;
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23. "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, highw ays and any
other paved surfaces;
24. "Owner" means any person owning, operating or possessing
any vehicle herein defined;
25. "Park model recreational vehicle " means a vehicle that is:
a. designed and marketed as temporary living 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. "Person" means any individual, copartner, joint venture,
association, corporation, limited liability company, 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 federal court;
27. "Rebodied vehicle" means a vehicle:
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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 1, 2, or 6 of subsection A of
Section 1105 of this t itle, and
c. for which the Tax Commission has assigned or will
assign a new identifying number;
28. "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. "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 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 its own sleeping and kitchen facilities,
including permanently affixed cooking facilities, water tanks and
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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. "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. "Rental trailer" means all small or utility trai lers 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 possession of,
any person engaged in renting or leasing such trailers or
semitrailers for intrastate or interstate use or combined intrastate
and interstate use;
32. "Special mobilized machinery " means special purpose
machines or devices, either self -propelled or drawn as trailers or
semitrailers, which derive no revenue fr om the transportation of
persons or property, whose use of the highway is only incidental,
and whose useful revenue producing service is performed at
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destinations in an area away from the traveled surface of an
established open highway;
33. "State" means the State of Oklahoma;
34. "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 or more rear seats readily lifted out or
folded, whether same is called a sta tion wagon or ranch wagon;
35. "Street-legal utility vehicle (UTV)" means a vehicle
meeting the description and specifications of Section 1 of this act;
36. "Travel trailer" means any vehicular portable structure
built on a chassis, used as a temporary d welling 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
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 or corporation
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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 deal er" 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 shall 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 engin e, 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 proper ty 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
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
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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 4. AMENDATORY 47 O.S. 2011, Section 1113, as
last amended by Section 4, Chapter 208, O.S.L. 2018 (47 O.S. Supp.
2020, Section 1113), is amended to read as follows:
Section 1113. A. 1. Except for all -terrain vehicles, uti lity
vehicles and motorcycles used exclusively off roads and highways,
upon the filing of a registration application and the payment of the
fees provided for in the Oklahoma Vehicle License and Registration
Act, the Oklahoma Tax Commission or Corporation C ommission, as
applicable, shall assign to the vehicle described in the application
a distinctive number, and issue to the owner of the vehicle a
certificate of registration, one license plate and a yearly decal.
The Oklahoma Tax Commission shall assign an all-terrain vehicle,
utility vehicle or motorcycle used exclusively off roads and
highways a distinctive number and issue to the owner a certificate
of registration and a decal but not a license plate. For each
subsequent registration year, the Tax Commi ssion shall issue a
yearly decal to be affixed to the license plate, except for an all -
terrain vehicle, utility vehicle or motorcycle used exclusively off
roads and highways. The initial decal for an all -terrain vehicle,
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utility vehicle or motorcycle shal l be attached to the front of the
vehicle and shall be in clear view. The decal shall be on the front
or on the front fork of the motorcycle used exclusively off roads
and highways and the decal shall be in clear view. The yearly decal
shall have an identification number and the last two numbers of the
registration year for which it shall expire. Except as provided by
Section 1113A of this title, the license plate shall be affixed to
the exterior of the vehicle until a replacement license plate is
applied for. If the owner applies for a replacement license plate,
the Tax Commission shall charge the fee provided for in Section 1114
of this title. The yearly decal will validate the license plate for
each registration period other than the year the license plate is
issued. The license plate and decal shall be of such size, color,
design and numbering as the Tax Commission may direct. However,
yearly decals issued to the owner of a vehicle who has filed an
affidavit with the appropriate motor license agent in accordance
with Section 7-607 of this title shall be a separate and distinct
color from all other decals issued under this section. Before the
effective date of this act, the Tax Commission shall also issue a
monthly decal which shall include a two -letter abbreviation
corresponding to the county in which the vehicle is registered. The
Tax Commission shall issue all decals in the possession of the Tax
Commission on the effective date of this act before issuing any
decals which do not contain the county abbreviation.
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2. The operation of a street -legal utility vehicle on the
streets and highways of this state requires the vehicle be issued a
certificate of registration and license plate to be renewed
annually. Upon the filing of a registration applicati on and the
payment of the fees provided for in the Oklahoma Vehicle License and
Registration Act, the Oklahoma Tax Commission or Corporation
Commission, as applicable, shall assign to the vehicle described in
the application a distinctive number, and issue to the owner of the
vehicle a certificate of registration, one l icense plate and a
yearly decal. For each subsequent registration year, the Tax
Commission shall issue a yearly decal to be affixed to the license
plate. The initial decal for a street -legal utility vehicle shall
be attached to the front of the vehicle and shall be in clear view.
The yearly decal shall have an identification number and the last
two numbers of the registration year for which it shall expire.
Except as provided by Section 11 13A of this title, the license plate
shall be affixed to the exterior of the vehicle until a replacement
license plate is issued. If the owner applies for a replacement
license plate, the Tax Commission shall charge the fee provided for
in Section 1114 of this title. The yearly decal will validate the
license plate for each registration period other than the year the
license plate is issued. The license plate and decal shall be of
such size, color, design and numbering as the Tax Commission may
direct. However, yearly decals issued to the owner of a vehicle who
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has filed an affidavit with the appropriate motor license agent in
accordance with Section 7 -607 of this title shall be a separate and
distinct color from all other decals issued under this sectio n.
3. The license plate shall be securely attached to the rear of
the vehicle, except truck -tractor plates which shall be attached to
the front of the vehicle. The Tax Commission may, with the
concurrence of the Department of Public Safety, by Joint Ru le,
change and direct the manner, place and location of display of any
vehicle license plate when such action is deemed in the public
interest. The license plate, decal and all letters and numbers
shall be clearly visible at all times. The operation of a vehicle
in this state, regardless of where such vehicle is registered, upon
which the license plate is covered, overlaid or otherwise screened
with any material, whether such material be clear, translucent,
tinted or opaque, shall be a violation of this p aragraph.
3. 4. Upon payment of the annual registration fee provided in
Section 1133 of this title, the Tax Commission or Corporation
Commission, as applicable, or a motor license agent may issue a
permanent nonexpiring license plate to an owner of one hu ndred or
more commercial motor vehicles and for vehicles registered under the
provisions of Section 1120 of this title. Upon payment of the
annual registration fee, the Tax Commission or Corporation
Commission shall issue a certificate of registration tha t shall be
carried at all times in the vehicle for which it is issued.
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Provided, if the registrant submits its application through
electronic means, such qualified owners of one hundred or more
commercial motor vehicles, properly registered pursuant to th e
provisions of Section 1133 of this title, may elect to receive a
permanent certificate of registration that shall be carried at all
times in the vehicle for which it is issued.
4. 5. Every vehicle owned by an agency of this state shall be
exempt from the payment of registration fees required by this title.
Provided, such vehicle shall be registered and shall otherwise
comply with the provisions of the Oklahoma Vehicle License and
Registration Act.
B. The license plates required under the provisions of this
title shall conform to the requirements and specifications listed
hereinafter:
1. Each license plate shall have a space for the placement of
the yearly decals for each succeeding year of registration after the
initial issue;
2. The provisions of the Oklahoma Vehicle License and
Registration Act regarding the issuance of yearly decals shall not
apply to the issuance of apportioned license plates, including
license plates for state vehicles, and exempt plates for
governmental entities and fire departme nts organized pursuant to
Section 592 of Title 18 of the Oklahoma Statutes;
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3. All license plates and decals shall be made with
reflectorized material as a background to the letters, numbers and
characters displayed thereon. The reflectorized material sh all be
of such a nature as to provide effective and dependable brightness
during the service period for which the license plate or decal is
issued;
4. Except as otherwise provided in this subsection, the Tax
Commission shall design appropriate official li cense plates for all
state vehicles. Such license plates shall be permanent in nature
and designed in such manner as to remain with the vehicle for the
duration of the vehicle 's life span or until the title is
transferred to a nongovernmental owner;
5. Within the limits prescribed in this section, the Tax
Commission shall design appropriate official license plates for
vehicles of the Oklahoma Highway Patrol. The license plates shall
have the legend "Oklahoma OK" and shall contain the letters "OHP"
followed by the state seal and the badge number of the Highway
Patrol officer to whom the vehicle is assigned. The words "Oklahoma
Highway Patrol" shall also be included on such license plates;
6. Within the limits prescribed in this section, the Tax
Commission shall design appropriate official license plates for
vehicles of the Oklahoma Military Department. Such license plates
shall have the legend "Oklahoma OK" and shall contain the letters
"OMD" followed by the state seal and three numbers or letters as
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designated by the Adjutant General. The words "Oklahoma Military
Department" shall also be included on such license plates;
7. Within the limits prescribed in this section, the Tax
Commission shall design appropriate official license plates for
vehicles of the Oklahoma Department of Corrections. Such license
plates shall contain the letters "DOC" followed by the Department of
Corrections badge and three numbers or letters or combination of
both as designated by the Director of the agency. The words
"Department of Corrections" shall also be included on such license
plates; and
8. Within the limits prescribed in this section, the Oklahoma
Tourism and Recreation Department shall design any license plates
required by the initiation of a license plate reissuanc e by the
Oklahoma Tax Commission at the request of the Department of Public
Safety pursuant to the provisions of Section 1113.2 of this title.
Any such new designs shall be submitted by the Oklahoma Tourism and
Recreation Department to the Department of P ublic Safety for its
approval prior to being issued by the Oklahoma Tax Commission.
C. Where the applicant has satisfactorily shown that the
applicant owns the vehicle sought to be registered but is unable to
produce documentary evidence of the ownership, a license plate may
be issued upon approval by the Tax Commission or Corporation
Commission, as applicable. In such instances the reason for not
issuing a certificate of title shall be indicated on the receipt
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given to the applicant. It shall still be t he duty of the applicant
to immediately take all necessary steps to obtain the Oklahoma
certificate of title and it shall be unlawful for the applicant to
sell the vehicle until the certificate has been obtained in the
applicant's name.
D. The certificate of registration provided for in this section
shall be in convenient form, and the certificate of registration, or
a certified copy or photostatic copy thereof, duly authenticated by
the Tax Commission or Corporation Commission, as applicable, shall
be carried at all times in or upon all vehicles so registered, in
such manner as to permit a ready examination thereof upon demand by
any peace officer of the state or duly authorized employee of the
Department of Public Safety. Any such officer or agent may se ize
and hold such vehicle when the operator of the same does not have
the registration certificate in the operator 's possession or when
any such officer or agent determines that the registration
certificate has been obtained by misrepresentation of any ess ential
or material fact or when any number or identifying information
appearing on such certificate has been changed, altered, obliterated
or concealed in any way, until the proper registration or
identification of such vehicle has been made or produced by the
owner thereof.
E. The purchaser of a new or used manufactured home shall,
within thirty (30) days of the date of purchase, register the home
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with the Tax Commission or a motor license agent pursuant to the
provisions of Section 1117 of this title. F or a new manufactured
home, it shall be the responsibility of the dealer selling the home
to place a temporary license plate on the home in the same manner as
provided in Section 1128 of this title for other new motor vehicles.
For the first year that any manufactured home is registered in this
state, the Tax Commission shall issue a metal license plate which
shall be affixed to the manufactured home. The temporary dealer
license plate or the metal license plate shall be displayed on the
manufactured home at all times when upon a public roadway; provided,
a repossession affidavit issued pursuant to Sections 1110 and 1126
of this title shall be permissible in lieu of a current license
plate and decal for the purposes of removing a repossessed
manufactured home to a secure location. Manufactured homes
previously registered and subject to ad valorem taxation as provided
by law shall have a decal affixed at the time ad valorem taxes are
paid for such manufactured home; provided, for a manufactured home
permanently affixed to real estate, no decal or license plate shall
be required to be affixed and the owner thereof shall be given a
receipt upon payment of ad valorem taxes due on the home. The Tax
Commission shall make sufficient plates and decals available to the
various motor license agents of the state in order for an owner of a
manufactured home to acquire the plate or decal. A one -dollar fee
shall be charged for issuance of any plate or decal. The fee shall
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be apportioned each month to the General Revenu e Fund of the State
Treasury.
F. The decal shall be easily visible for purposes of
verification by a county assessor that the manufactured home is
properly assessed for ad valorem taxation. In the first year of
registration, a decal shall be issued for p lacement on the license
plate indicating payment of applicable registration fees and excise
taxes. A duplicate manufactured home registration decal shall be
affixed inside the window nearest the front door of the manufactured
home. In the second and all subsequent years for which the
manufactured home is subject to ad valorem taxation, an annual decal
shall be affixed inside the window nearest the front door as
evidence of payment of ad valorem taxes. The Tax Commission shall
issue decals to the various county treasurers of the state in order
for a manufactured home owner to obtain such decal each year. Upon
presentation of a valid ad valorem tax receipt, the manufactured
home owner shall be issued the annual decal.
G. Upon the registration of a manufac tured home in this state
for the first time or upon discovery of a manufactured home
previously registered within this state for which the information
required by this subsection is not known, the Tax Commission shall
obtain:
1. The name of the owner of t he manufactured home;
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2. The serial number or identification number of the
manufactured home;
3. A legal description or address of the location for the home;
4. The actual retail selling price of the manufactured home
excluding Oklahoma taxes;
5. The certificate of title number for the home; and
6. Any other information which the Tax Commission deems to be
necessary.
The application for registration shall also include the school
district in which the manufactured home is located or is to be
located. The information shall be entered into a computer data
system which shall be used by the Tax Commission to provide
information to county assessors upon request by the assessor. The
assessor may request any information from the system in order to
properly assess a manufactured home for ad valorem taxation.
SECTION 5. AMENDATORY 47 O.S. 2011, Section 1115.3, is
amended to read as follows:
Section 1115.3 A. Except as otherwise provided by this
section, all-terrain vehicles, utility v ehicles and motorcycles used
exclusively off roads or highways shall be registered once with the
Oklahoma Tax Commission within thirty (30) days after purchase.
B. For all-terrain vehicles or motorcycles used exclusively off
roads or highways purchased pr ior to July 1, 2005, registration, as
otherwise required by Section 1115 of this title, shall not be
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required, but shall be allowed at the option of the owner of the
all-terrain vehicle or motorcycle used exclusively off roads or
highways.
C. For utility vehicles used exclusively off roads or highways
purchased prior to July 1, 2008, registration, as otherwise required
by Section 1115 of this title, shall not be required but shall be
allowed at the option of the owner of the utility vehicle used
exclusively off roads or highways.
D. All-terrain vehicles, utility vehicles or motorcycles used
exclusively off roads or highways owned or purchased by a person
that possesses an agricultural exemption pursuant to Section 1358.1
of Title 68 of the Oklahoma Statute s may be registered as provided
by this section, but shall not require registration.
E. Vehicles meeting the specifications and description of a
street-legal utility vehicle as described in Section 1 of this act
shall be required to receive a certificate of registration, license
plate and yearly decal before operation on the streets, county roads
and state highways.
SECTION 6. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-1-5722 JBH 01/20/21