Req. No. 9216 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) HOUSE BILL 3446 By: O'Donnell AS INTRODUCED An Act relating to motor vehicles; amending 47 O.S. 2021, Sections 2-106.1, 14-101, 14-103, 14-103C, 14- 103D, 14-103E, 14-103G, 14-109, 14-116, 14-116a, 14- 118, 14-118.1, 14-120, 14-120.1, 14-120.2, 14-121 and 14-126, which relate to permit clerks and supervisors, prohibition against movement of certain vehicles, special permits, movement of manufactured homes, issue of permits, annu al overload permits, permit fees, movement of loads without permit penalties, permits for motor carriers, permit agreements, cost of escort and requirements, permits for combination vehicles, ag ricultural vehicles; modifying agency reference; transferring certain duties from the Department of Public Safety to the Department of Transportation ; amending 69 O.S. 2021, Section 306, which relates to the powers and duties of the Director; authorizing certain hiring; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA: SECTION 1. AMENDATORY 47 O.S. 20 21, Section 2-106.1, is amended to read as follows: Section 2-106.1 Subject to the Merit System laws, the Commissioner of Public Safety is hereby auth orized to employ a supervisor of permit clerks, headquarters permit clerks and additional permit clerks, who shall have the duty to issue oversize Req. No. 9216 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 and/or overweight permits in accordance with the terms of Chapter 14 of this title and to collect the fees th erefor and to remit the same to the Oklahoma Tax Commission All the powers, duties, functions, records, employees, proper ty, matters pending, funds, and responsibilities of the Size and Weight Permits Division of the Department of Public Safety are hereby transferred to the Department of Transportation effective July 1, 2022. An accurate, cu rrent inventory of all properties shall be maintained by the Department of Transportation. SECTION 2. AMENDATORY 47 O.S. 20 21, Section 14-101, is amended to read as foll ows: Section 14-101. A. It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be dr iven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitation s stated in this chapter or otherwise in violation of this chapte r, and the maximum size and weight of vehicles herein specified shall be lawful throughout thi s state and local authorities shall have no power or authority to alter the limitations except as express authority may be g ranted in this chapter. B. The Commissioner of Public Safety Executive Director of the Department of Transportati on is directed to issue annual overweight permits to: Req. No. 9216 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. Municipalities and rural fire districts for the transportation of firefighting appar atus at no cost to the municipalities or rural fire districts; 2. Owners of implements of husbandry, which includ es tractors that are temporarily moved upon a highway at no cost to the owner; 3. Retail implement dealers while hauling implements of husbandry at no cost to the dealer; and 4. Owners of certain vehicles as provided for in Section 14 - 103G of this title. C. If a vehicle is issued a license pursua nt to Section 1134.4 of this title, the license shall also serve as the overweight permit required by this section. D. All size, weight and load provisions cover ed by this chapter shall be subject to the limitat ions imposed by Title 23, United States Code, Section 127, and such other rules and regulations developed herein. Provided further that any s ize and weight provision authorized by the United States Congres s for use on the National System of Interstate and Defense Highways, including, but not limited to, height, axle weight, gross weight, combinations of vehicles or load thereon shall be authori zed for immediate use on such segments of the National System of I nterstate and Defense Highways and any other highw ays or portions thereof as designated by the Transportation Commiss ion or their duly authorized representative. Req. No. 9216 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 E. All size, weight and loa d provisions covered by Sections 14- 101 through 14-123 of this title shall be subject to a gross vehicle weight limit of ninety thousand (90,000) pounds when ap plied to a vehicle operating off the National System of Interstate and Defense Highways unless such vehicle is operating in full compliance with an overweight permit issued by the Commissioner of Public Safety Executive Director of the Department of Transportation. F. Any vehicle permitted for movement on the highways of this state as provided in Section 14-101 et seq. of this title, other than a vehicle permitted solely for overweight mov ement, shall be moved only during daylight hours. As used in Section 14 -101 et seq. of this title, "daylight hours" shall mean one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset. The Commissioner of Public Safety Executive Director of the Department of Transportation, for good cause and consistent with the sa fe movement of the vehicle, may endorse a pe rmit for the movement of an oversize vehicle to authorize night time nighttime travel under such terms and restrictions as the Commissioner Executive Director of the Department of Transportation may require. G. 1. Any vehicle permitted for movement on the highways of this state as provided in Section 14-101 et seq. of this title shall not be moved at any time on the following holidays: a. New Year’s Day (January 1), b. Memorial Day (the last Monday in May), Req. No. 9216 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. The Fourth of July (Indepen dence Day), d. Labor Day (the first Monday in September), e. Thanksgiving Day (the fourth Thursday in November), and f. Christmas Day (December 25). 2. Any vehicle permitted for movement on the highways of this state as provided in Section 14 -101 et seq. of this title shall be allowed to move on the following holidays: a. Martin Luther King, Jr.’s Birthday (the third Monday in January), b. President’s Day, also known as Washi ngton’s Birthday (the third Monday in February), and c. Veteran’s Day (November 11). SECTION 3. AMENDATORY 47 O.S. 2021, Section 14-103, is amended to read as fol lows: Section 14-103. A. Except as otherwise provided f or by this chapter, no vehicle, with or without load, shall have a total outside width in excess of one hundred two (102) inches excluding: 1. Tire bulge; 2. Approved safety devices; 3. A retracted awning with a width of eight (8) inches or less or other appurtenance of four (4) inches or less which is att ached to the side of a recreatio nal vehicle, as defined in Section 1102 of this title; and Req. No. 9216 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. Pins used as a safety precaution or as a load -assisting device if the pins do not extend the overall width of the vehicle beyond nine (9) feet. The State of Okl ahoma hereby declares it has determined, in accordance with 23 C.F.R., Section 658.15, that such pins are necessary for the safe and efficient op eration of motor vehicles. The provisions of this subsect ion shall not apply to any person engaged in the hauli ng of round baled hay with a tot al outside width of eleven (11) feet or less when the hay is owned by such person and is being hauled for any pur pose other than resale. The provisions of this subsection shall also not apply to any county official or employee engaged in the hauling or pu lling of a trailer or equipment owned by the county on the county roa ds of such county. B. Except as otherwise p rovided for by this chapter: 1. No vehicle, with or with out load, shall exceed a height of thirteen and one-half (13 1/2) feet on any county r oad, or fourteen (14) feet on any turnpike, interstate, U.S. or state highway, unless a greater height is authori zed by a special permit issued by the Commissioner of Public Safety Executive Director of the Department of Transportation or an authorized representative of the Commissioner in consultation with the Department of Transportation specifying the highways to be used, c onsistent with public convenience and safety. The prohibitions on moveme nt as prescribed in subsection F of Section 14 -101 of this title and paragraph 1 of Req. No. 9216 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 subsection G of Section 14-101 of this title shall not apply to vehicles operated pursuant to such permits; 2. An official state bridge vertical clearance map providing clearance heights as posted for bridges on the interstat e, U.S. and state highway system s shall be available on the Oklahoma Department of Transportation website; and 3. Operators and owners of vehicles which exceed or have loads which exceed thirteen and o ne-half (13 1/2) feet shall be held liable for all damages to any part of structures s panning the highway or damages suffered by other affected parties caused by the vehicle or load exceeding the posted height;. C. Except as otherwise provided for by this chapter: 1. No single truck, with or without load, sh all have an overall length, inclusive of front and rear bumpers, in excess of forty-five (45) feet; 2. No single bus, with or w ithout load, shall have an overall length, inclusive of front and rear bum pers, in excess of forty-five (45) feet; 3. a. On the National Network of Highways wh ich includes the National System of Interstate and Defense Highways and four-lane divided Federal Aid Primary System Highways, no semitrailer operating in a truck - tractor/semitrailer combination shall have a length greater than fifty-three (53) feet, excep t as provided Req. No. 9216 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 in subsection C of Section 14-118 of this title which shall apply to semitrailers e xceeding fifty-three (53) feet but not exceeding fifty-nine (59) feet six (6) inches. On the National System of Interstate and Defense Highways and four -lane divided Federal Aid Primary System Highways, no semitrailer or trailer operating in a truck -tractor/semitrailer and trailer combination shall have a length greater than fi fty- three (53) feet; b. On roads and highways not a pa rt of the National System of Interstate and Defense Highways or four-lane divided Federal Aid Primary System Highways, no semitrailer operating in a truck-tractor/semitrailer combination shall have a le ngth greater than fifty- three (53) feet and no semitra iler or trailer operating in a truck-tractor/semitrailer and trailer combination shall have a length greater than twenty - nine (29) feet. Except as provided for in subsection D of Section 14-118 of this title, no other combination of vehicles shall have an overall length, inclusive of front and rear bumpers, in excess of seventy (70) feet on all roads and highways. For the purposes of this paragraph, oil field rig-up trucks Req. No. 9216 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 shall be considered to be tru ck-tractors, when towing a trailer or semitrailer; c. On the National Network of High ways the overall length limitation of a towaway trailer transporter combination may exceed length restrictions up to eighty-two (82) feet; d. As used in this section: (1) The term "trailer transporter towing unit " shall mean a power unit that is not used t o carry property when operating in a towaway trailer transporter combination, and (2) The term "towaway trailer transporter combination" shall mean a combination of vehicl es consisting of a trailer transporter towing unit and two (2) trailers or semitraile rs with a total weight that does not exceed twenty-six thousand (26,000) pounds; and in which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer, distributor or dealer of such trailers or semitrailers; 4. No combination of vehicles shall consist of more than two units, except: Req. No. 9216 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. one truck and semitrail er or truck-tractor/semitrailer combination may tow one complete trailer o r semitrailer, or b. vans, suburbans, blazers or other similar types of vehicles and self-propelled recreational vehicles with a three-quarter (3/4) ton or more rated capacity may tow a semitrailer and one complete trailer or semitrailer for recreational p urposes only, provided the overall length, inclusive o f the front and rear bumpers, does not exceed sixty-five (65) feet; 5. Poles and gas lines used to maintain public utility services, not to include new construction, may be moved during daylight hours, and during nighttime hours only in an emergency, subject to traffic and road restric tions promulgated by the Commissioner of Public Safety Executive Director of the Department of Transportation, when the overall length does not ex ceed eighty (80) feet. When this length is exceede d, these loads are subject to the requirements of Sect ion 14-118 of this title; 6. For the purposes of paragraphs 1, 3, and 4 of this subsection, the length of uniti zed equipment, which is defined to be equipment so constructed and attached to a rubber -tired vehicle that the vehicle and load become a unit an d are for all practic al purposes inseparable, shall be the length of the vehicle itself, and shall not include any protrusion of the equipment load so Req. No. 9216 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 constructed or attached. The equipment shall not p rotrude for a distance greater than two -thirds (2/3) of the wheel base of t he vehicle, shall not impair the driver’s vision, and if less than seven (7) feet above the roadway, shall be safely marked, flagg ed or illuminated. Any such protruding structure s hall be securely held in place to prevent dropping or swaying. Unitized eq uipment shall carry such safety equipment as shall be determined to be necessary for the safety, health, and welfare of the drivin g public by the Commissioner of Public Safety Executive Director of the Department of Transportation; 7. For the purposes of paragraphs 1, 3, and 4 of this subsection, a truck-tractor, when being towed by another vehicle with the wheels of its steering axle raised off the roadway, shall be considered to be a semitrailer as defined in Section 1-162 of this title; 8. The provisions of paragraphs 1 and 3 of this subsection shall not apply to any contractor or subcontractor, or ag ents or employees of any contractor or subcontractor, w hile engaged in transporting material to the site of a project being constructed by, for, or on behalf of this state or any city, town, county, or subdivision of this state; and 9. Special mobilized m achinery, as defined in Section 1102 of this title, which exceeds the size provisions of this secti on shall only use the highways of the State of Oklahoma this state by special Req. No. 9216 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 permit issued by the Commissioner of Public Safety Executive Director of the Department of Transportation or an authorized representative of the Commissioner Executive Director of the Department of Transportation. Such special permit shall be: a. a single-trip permit issued under the provisions of Section 14-116 of this title, or b. a special annual oversize permit issued for one (1) calendar year period upon payment of a fee of Ten Dollars ($10.00) plus any amoun t as provided by subsection H of Section 14-118 of this title. SECTION 4. AMENDATORY 47 O.S. 2021, Section 14-103C, is amended to read as follows: Section 14-103C. A. The Commissioner of Public Safety Executive Director of the Department of Transportation shall upon proper application issue a special permit to any person allowing the movement on state and feder al highways of a structure in the form of a house or building, including, but not limited to, industrialized housing as defined described in Section 14-103A of this title, not exceeding thirty-two (32) feet in width at the base, and thirty -four (34) feet in width at t he top and twenty-one (21) feet in height. The permit shall specify the highways to be used, consistent with public convenience and safety, as determined by the Commissioner of Public Safety, in consultation with the Executive Director of the Department of Transportation. In addition to the prohibitions on Req. No. 9216 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 movement as prescribed in Section 14-101 et seq. of this title, such structures shall not be moved on Saturday or Sunday. B. If any structure or housing described in subsection A of this section has a width in excess of sixteen (16) feet, the towing vehicle shall be a tandem-axle vehicle of no less than two hundred twenty (220) horsepower. SECTION 5. AMENDATORY 47 O.S. 2021, Section 14-103D, is amended to read as follows: Section 14-103D. A. No person shall transport or move a manufactured home on any public road or highway in thi s state, except as otherwise provided by law, with out a permit issued pursuant to the provisions of Sections 14-103A and 14-103C of this title and subsection B of this section, and without a current calendar year decal or current reg istration or a reposses sion affidavit issued pursuant to Sections 1110 an d 1126 of this title. B. In addition to the permit information required by the provisions of Sections 14-103A and 14-103C of this title, the permit shall also include the following: 1. The name of the own er of the manufactured home; 2. The serial number or identification number of the manufactured home; 3. A legal description or the physical address of the location from which the manufactured home is to b e moved; Req. No. 9216 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. A legal description or the physical a ddress of the location to which the manufactured h ome is to be moved; and 5. The name of the firm or individual repossessing the manufactured home as it appears on the reposse ssion affidavit, if the movement is for repossession purp oses and the repossessi on affidavit is being u sed in lieu of current lice nse plate and decal, as provided in subsection E of Section 1113 of this title. C. Except as otherwise provided by law, the Executive Director of the Department of Public Safety Transportation shall not issue a permit to any person to transport or move a manufactured home without a current calend ar year decal or cur rent registration; provided: 1. Upon proof of possession of a deal er or in-transit license plate, issued by the Oklahoma Tax Commission according to the provisions of subsection D of Section 11 28 of this title, the Department of Public Safety Transportation shall issue a permit to the holder of such license; 2. The Executive Director of the Department of Transportation shall issue a permit to the holder of a perfected security interest in a manufactured home, or a licensed representative thereof, pursuant to a lawful repossession of the manufactured home, if the holder or representative is bonded by the state, to move the manufactured home to a sec ure location with a repossession affidavit; provided, all registration fees, excise taxes or ad Req. No. 9216 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 valorem taxes due on such home shall be required to be paid within thirty (30) days of the issuanc e of the permit; and 3. The Executive Director of the Department of Transportation shall issue a permit to tr ansport or move a manufacture d home used for commercial purposes during the second through the sixth day of the first month of the following calendar year if the applicant can provide a special waiver and a commercial move affida vit authorized pursuant to Section 2813 of Title 68 of t he Oklahoma Statutes. As used in this paragraph, "manufactured home used for commerc ial purposes" means a manufactured home owned by any lawfully recog nized business entity the primary purpose of whi ch is to provide temporary housing for the employees or contractors of such business entity. D. For the purposes of subs ections A and C of t his section, a manufactured home registration receipt and Manufactu red Home Registration Decal attached to a certif icate of title for a manufactured home or receipts and d ecal as authorized by subsection C of Section 1117 of this title shall be evidence of payment of the excise tax and registration fees required pursuant to the provisions of Section 1135 of this title and the Ad Valorem Tax Code. E. The Department of Public Safety Transportation shall notify the Oklahoma Tax Commission, the county assessor of the county from which the manufactured home is to be moved and the county assessor of the county in which the m anufactured home is to be m oved of any permits issued pursuant to the provisions of this section. Req. No. 9216 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 6. AMENDATORY 47 O.S. 2021, Section 14-103E, is amended to read as foll ows: Section 14-103E. A. Upon issuance of a permit pursuant to the provisions of Section 14-103D of Title 47 of the Oklahoma Statutes this title, the Department of Public Safety Transportation shall notify the Oklahoma Tax Commission of the issuance of such permit. The notification shall include the permi t information required by subsection B of Section 14-103D of Title 47 of the Oklahoma Statutes this title. B. Upon notification of issuance of the permit pursuant to subsection A of this section, the Tax Commission shall notify the county assessor of the county in which the manufac tured home is to be located, of the issuance of the permit. Such notification shall include the permit information required by subsecti on B of Section 14-103D of Title 47 of the Oklahoma Statutes this title. SECTION 7. AMENDATORY 47 O.S. 2021, Section 14-103G, is amended to read as follows: Section 14-103G. A. 1. The Department of Public Safety Transportation may issue an annual vehicle permit under the provisions of this subsection to a specific vehicle, for the movement of oversize or overweight loads that c annot reasonably be dismantled. Unless otherwise provided by law, permits issued under this subsection shall be subject to the conditions described in paragraphs 2 through 8 of thi s subsection. Req. No. 9216 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Oversize or overweight l oads operating under an annual vehicle permit shall n ot exceed: a. twelve (12) feet in width, b. fourteen (14) feet in height, c. one hundred ten (110) feet in length, or d. one hundred twenty thousand (120,000) po unds gross weight. 3. Oversize or overwei ght loads operating under an annu al vehicle permit under this subsection shall not transport a load that has more than a twenty -five-foot front overhang, or more than a thirty-foot rear overhang. 4. The fee for an annual vehicle permit shall be Four Thous and Dollars ($4,000.00) and shall be nonrefundable. 5. The annual vehicle permit shall be issued for one (1) calendar year period and shall commence upon t he date specified on the permit. 6. An annual vehicle per mit issued pursuant to this subsection shall be nontransferable between per mittees. 7. The permitted vehicle or vehicle combination shall be registered in accordance with the provisions of Chapter 14 of this title for maximum weight. 8. An annual vehicle permit issued pursuant to this subsection may be transferred from one vehi cle to another vehic le in the fleet of the permittee provided: Req. No. 9216 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. the permitted vehicle is destroyed or otherwise becomes permanently inoperable to the extent that the vehicle will no longer be utilized, and the permittee presents proof to the Department of Public Safety Transportation that the negotiable certificate of title or other qualifying documentation has been surrendered to the Department of Public Safety Transportation, or b. the certificate of title to the permitted vehicle is transferred to someone other than the permittee, and the permittee presents proof to the Department of Public Safety Transportation that the negotiable certificate of title or other qualifying documentation has been transferred from the per mittee. 9. A permit issued for loads specific to turbine blades, used for the purpose of wind generation, may exceed a length of one hundred ten (110) feet. B. 1. The Department of Public Safety Transportation may issue an annual vehicle permit under th is subsection to a specific motor carrier, for the movement of ov ersize or overweight loads that cannot reasonably be dismantled. An annual vehicle permit is sued under this subsection may be transferred from one vehicle to another vehicle in the fleet of the permittee provided: Req. No. 9216 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. that no more than one vehicle is opera ting at a time, and b. the original certified permit is carried in the vehicle that is being operated under the terms of the permit. 2. An annual vehicle permit issued under this subsection shall be sent to the permittee via first-class, registered mail, or at the request and expense of the permittee via overnight delivery service. The annual vehicle permit shall not be duplicated. The annual vehicle permit shall be replaced only if: a. the permittee did not receive the original permit within seven (7) business days after t he date of issuance, b. a request for replacement is submitted to the Department of Public Safety Transportation within ten (10) business days after the original date of i ssuance of the permit, and c. the request for replacement is acco mpanied by a notarized statement signed by a principal or officer of the permittee acknowledg ing that the permittee understands the permit may not be duplicated and that if the original permi t is located, the permittee shall return either the original or r eplacement permit to the Department of Public Safety Transportation. Req. No. 9216 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. A request for replac ement of an annual vehicle permit issued pursuant to the provisions of this subsection shall be de nied if the Department of Public Safety Transportation can verify that the permittee received the original annual vehicle permit. 4. Lost, misplaced, damaged , destroyed, or otherwise unusable annual vehicle permits shall not be replaced. A new permit sha ll be required and shall be issued by the Department of Public Safety Transportation. C. 1. The Department of Public Safety Transportation may issue an annual fleet permit under this subsection to an electric utility, regulated by the Corporation Commiss ion or a rural electric cooperative solely for the movement of po les. An annual flee t permit issued under this subsection may be used by any vehicle in the fleet of the permittee provided that a certified copy of the permit is carried in each vehicle that is being operated under the terms of the permit. 2. Oversize loads operating under an annual permit issued pursuant to this subsection shall not exceed: a. twelve (12) feet in width, b. fourteen (14) feet in height, or c. fifty-five (55) feet in length. 3. The annual fee for an annual fleet permit issued pursuant to this subsection shal l be Four Thousand Dollars ($4,000.00) and shall be nonrefundable. Req. No. 9216 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4. The annual fleet permit shall be issued for a one-calendar- year period and shall commence upon the d ate specified on the permit. 5. The annual fleet permit issued u nder this subsection shall be sent to the permittee via first class, registered mail, or at t he request and expense of the permittee via overnight delivery service. The annual permit shall b e replaced only if: a. the permittee did not receive the original permit within seven (7) business days after the date of the issuance, b. a request for replacement is submitted to the Department of Public Safety Transportation within ten (10) business days after the original date of issuance of the permit, and c. the request for replaceme nt is accompanied by a notarized statement signed by an authorized person of the permittee acknowledging that if the original permit is located, the permittee shall either return the original or replacement permit to the Department of Public Safety Transportation. 6. A request for replacement of an annual permit issued under the provisions of this subsection shall be denied if the Department of Public Safety Transportation can verify the permittee received the original annual permit. Req. No. 9216 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7. Lost, misplaced, damaged, destroyed or otherwise unusable annual permits shall not be replaced. A new permit shall be required and shall be issued by the Department of Public Safety Transportation. 8. For the purposes of paragraph 5 of subsection C of Section 14-103 of this title, the term "emergency" means any permitted movement of poles pursuant to the provisions of this subsection that is not for new construction of electric distributio n facilities. D. 1. The Department of Public Safety Transportation shall issue an annual vehicle permit under this subsection to a transportation company or manufacturer of portable buildings solely for the movement of oversize portable buildings for a s pecific manufacturer of portable buildings. An annual vehicle pe rmit issued under this subsection may not be transferred from one vehicle to another vehicle in the fleet. The name of the manufacturer shall be on the permit and on any portable building be ing moved. The original certified permit shall be carried in the vehicle that is being operated under the terms of the permit. 2. Oversize loads operating u nder an annual vehicle permit issued pursuant to this subsection shall not exceed: a. twelve (12) feet in width at the wall with no more than a three-inch-eave overhang, or b. fourteen (14) feet in height. Req. No. 9216 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. The total gross weight of oversize loads opera ting under an annual vehicle permit issued pursuant to this subsection shall not exceed forty-five thousand (45,000) pounds. 4. The tow vehicle shall be limited t o two axles, and the vehicle identification number of the vehicle shall be on the permit. 5. The fee for an annual vehicle permit issued pursuant to this subsection shall be Five Hundred Dol lars ($500.00) and shall be nonrefundable. 6. An annual vehicle permit issued under this subsection shall be sent to the permittee via first -class, registered mail, or at the request and expense of the permittee via overnight delivery service. The annual vehicle permit shall not be duplicated. The annual vehicle permit shall be replaced only if: a. the permittee did not receive the original permit within seven (7) business days after the date of issuance, b. a request for replacement is submitted to the Department of Public Safety Transportation within ten (10) business days after the or iginal date of issuance of the permit, and c. the request for replacement is accompanied by a notarized statement signed by a principal or officer of the permittee acknowl edging that the permittee understands the permit may not be dupli cated and that Req. No. 9216 Page 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 if the original permit is located, the permittee shall return either the origi nal or replacement permit to the Department of Public Safety Transportation. 7. A request for rep lacement of an annual vehicle permit issued pursuant to the provi sions of this subsec tion shall be denied if the Department of Public Safety Transportation can verify that the permittee received the original annual vehicle permit. 8. A lost, misplaced, da maged, destroyed, or otherwise unusable annual vehicle permit sha ll be replaced for a fee of Twenty-five Dollars ($25.00). SECTION 8. AMENDATORY 47 O.S. 2021, Section 14-109, is amended to read as follo ws: Section 14-109. A. On any road or highway: 1. No single axle weight shall exceed twenty thousand (20,000) pounds; and 2. The total gross weight in pounds imposed thereon by a vehicle or combination of vehicles shall not exceed the value calculated in accordance with the Federal Bridge formula imposed by 23 U.S.C., Section 127. B. Except as to gross limits, the formula of this section shall not apply to a truck -tractor and dump semitrailer when used as a combination unit. In no event shall the maxi mum load in pounds carried by any set of tandem axles exceed thirty-four thousand Req. No. 9216 Page 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (34,000) pounds. Any vehicle operating with split tandem axles or tri-axles shall adhere to the formula . C. Except for loads moving un der special permits as provided in this title, no department or agency of this state or any county, city, or public entity thereof shall pay for any m aterial that exceeds the legal weight limits moving in interstate or intra state commerce in excess of the legal load limits of this state. D. 1. An annual special overload permit may be purchased for vehicles transporting rock, sand, gravel, coal, flour, timber, pulpwood, and chips in their natural state, oil field fluids, oil field equipment or equipment us ed in oil and gas well drilling or exploration, and vehicles transporting grain, fertilizer, cottonseed, cotton, livestock, peanuts, canola, sunflower s, soybeans, feed, any other raw agricultural products , and any other unprocessed agricultural products, i f the following conditions are met: a. the vehicles are registered for the maximum allowable rate, b. the vehicles do not exceed five percent (5%) of the gross limits set forth i n subsection A of this section, c. the vehicles do not exceed eight percent (8 %) of the axle limits set forth in sub section A of this section, Req. No. 9216 Page 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. no component of the vehicles exceeds the manufacturer’s component weight rating as shown on the vehicle certification label or tag, and e. the vehicles operating pursuant to the provisions of this paragraph will not be allowed to operate on the National System of Interstate and Defense Highways. 2. Vehicles operating pursuant to this s ection must register for the maximum allowable rate and additionally shall purchase a nontransferable annual special overload permit from the De partment of Public Safety Transportation for a fee of Three Hundred Fifty Dollars ($350.00). All monies collect ed shall be deposited to the credit of the Highway Construction and Mainte nance Fund. E. 1. Oversize or overweight vehicles used for specializ ed transportation if the maximum weight does not exceed twenty-three thousand (23,000) pounds on any single axle and: a. is a dual lane trailer with dual lane a xles and the width of the transport vehicle or trailer exc eeds twelve (12) feet in width, or b. the overall gross vehicle weight of a single trailer meets or exceeds three hundred thousand (300,000) pounds, originates or terminates at t he Tulsa Port of Catoosa, and the trip is conf ined within a thirty-mile radius of the Port. Req. No. 9216 Page 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2. Permit fees for over size or overweight vehicles used for specialized transportation shall be in accordance with subsection A of Section 14-116 of this title. 3. Vehicles operating pursuant to the provision s of this paragraph will not be allowed to operate on the National Sys tem of Interstate and Defense Highways. F. Exceptions to this section will be: 1. Utility or refuse collection vehicles used by counties, cities, or towns or by private companies contr acted by counties, cities, or towns if the following conditions are me t: a. calculation of weight for a utility or refuse collection vehicle shall be "Gross Vehicle Weight ". The "Gross Vehicle Weight" of a utility or refuse collection vehicle may not exce ed the otherwise applicable weight by more than fifteen percent (15%). The weight on individual axles must not exceed the manufacturer's component rating which includes axle, suspension, wheels, rims, brakes , and tires as shown on the vehicle certificatio n label or tag, and b. utility or refuse collection vehicles operated under these exceptions will not be allowed to operate on interstate highways; 2. A combination of a wrecker or tow vehicle and another vehicle or vehicle combi nation if: Req. No. 9216 Page 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. the service provided by the wrecker or tow v ehicle is needed to remove disabled, a bandoned, or accident- damaged vehicles, and b. the wrecker or tow vehicle is towing the other vehicle or vehicle combination directly to the nearest appropriate place of repair, terminal , or vehicle storage facility; 3. A vehicle operating pursuant to the provisions of paragraph 2 of this subsection will shall not be allowed to operate on the National System of Interstat e and Defense Highways unles s it is a covered heavy-duty tow and recovery vehicle that: a. is transporting a disabled vehicle from the place where the vehicle becam e disabled to the nearest appropriate repair facility, and b. has a gross vehicle weight tha t is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported; and 4. On the interstate highway system a vehic le designed to be used under emergency conditions to transport personnel and equipment and to support the suppressi on of fires and mitigation o f other hazardous situations with a vehicle we ight limit up to a maximum gross vehicle weight of eighty -six thousand (86,000) pounds with less than: Req. No. 9216 Page 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. twenty-four thousand (24,000) pounds on a single steering axle, b. thirty-three thousand five hundred (3 3,500) pounds on a single drive axle, c. sixty-two thousand (62,000) pounds on a tandem axle, or d. fifty-two thousand (52,000) pounds o n a tandem rear drive steer axle. G. 1. Any vehicle utilizing an auxiliary power or idle reduction technology unit in order to promote red uction of fuel use and emissions because of engine idling shall be allowed an additional four hundred (400) pounds t otal to the total gross weight limits set by this section. 2. To be eligible for the except ion provided in this subsection, the operator of the vehicle must obtain w ritten proof or certification of the weight of the auxiliary power or idle reduction technology unit and be able to demonstrate or certify that the idle reduction technology is fully functional. 3. Written proof or certification of the weight of the auxiliary power or idle reduction tec hnology unit must be available to law enforcement officers if the vehicle is found in violation of applicable weight laws. The additional weight allo wed cannot exceed four hundred (400) pounds or t he actual proven or certif ied weight of the unit, whicheve r is less. Req. No. 9216 Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 H. On the Interstate Hi ghway System, a vehicle carrying fluid milk products shall be considered a load that cannot be easily dismantled or divided, or "nondivisible". I. Utility, refuse collection vehicles or a combination of a wrecker or tow vehicle as described in paragraphs 1 and 2 of subsection F of this section operating under exceptions shall purchase an annual special overload permit from the Department of Public Safety Transportation for One Hundred Dollars ($100.00). All monies collected shall be deposited to the credi t of the Highway Construction and Maintenance Fund. SECTION 9. AMENDATORY 47 O.S. 2021, Section 14-116, is amended to read as follows : Section 14-116. A. The Commissioner of Public Safety Executive Director of the Department of Transportation shall charge a minimum permit fee of Forty Dollars ($40.00) fo r any permit issued pursuant to the provisions of Section 14 -101 et seq. of this title. In addition to the permit fee, the Commissioner Executive Director of the Department of Transportation shall charge a fee of Ten Dollars ($10.00) for each thousand pounds in excess of the legal load limit. The Commissioner of Public Safety Executive Director of the Department of Transportation shall establish any necessary rules fo r collecting the fees. B. The Department of Public Safety Transportation is authorized to establish an escrow account system for the payment of permit Req. No. 9216 Page 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 fees. Authorized motor carriers meeting established credit requirements may participate in the escrow a ccount system for permits purchased fro m all size and weight permit offices in this state. Carriers not choosing to participate in the escrow account system shall be required to make payment of the requir ed fee or fees upon purchase of each permit as requ ired by law. All monies collected through the escrow account system shall be deposit ed to a special account of the Department of Public Safety Transportation and placed in the custody of the State Treasur er. Proceeds from permits purchased using the escr ow account system shall be distributed as provided for in subsection H of this sectio n. However, fees collected through such accounts for the electronic transmission, transfer or delivery of permits, as p rovided for in Section 14-118 of this title, shall be credited to the Department of Public Safety Restricted Revolving State Transportation Fund established pursuant to Section 1501.1 of Title 69 of the Okla homa Statutes. C. 1. Application for per mits shall be made a reasonable time in advance of the expected time o f movement of such vehicles . For emergencies affecting the health or safety of persons or a community, permits ma y be issued for immediate movement. 2. Size and weight permit offices i n all districts where applicable shall issue per mits to authorize carr iers by telephone during weekdays. Req. No. 9216 Page 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. No overweight permit shall be valid until all license taxes due the State of Oklahoma have been paid. E. No permit violation shall be deemed to ha ve occurred when an oversize or overweight movem ent is made pursuant t o a permit whose stated weight or size exceeds the actual load. F. Any permit issued for a truck or truck-tractor operating in combination with a trailer or a semitrailer shall contain only the license plate number for the truck or t ruck-tractor if the permittee provides to the Department of Transportation a list containing the license plate number, and such other in formation as the Department of Transportation may prescribe by rule, for each trailer or semitrailer which may be used f or movement with the p ermit. When the permittee provides the list described in this subsection, th e license plate number for any traile r or semitrailer to be moved with the permit shall not be included on th e permit; provided, a trailer or semitrailer which is not on the list shall not be authorized to be used for movement with the permit. It shall be the responsibility of the permittee to ensure the list provided to the Department of Transportation is maintained and updated with any fleet changes. The D epartment of Transportation shall adopt any rules deemed necessary to administer the provisions of this subsection. G. The first delive rer of motor vehicles designated truck carriers or well service carriers manufactured in Oklahoma shall not Req. No. 9216 Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 be required to purchase an overwei ght permit when being deliv ered to the first purchaser. H. Except as provide d in Section 14-122 of this title, th e first One Million Two Hundred Sixteen Thousand Dollars ($1,216,000.00) of proceeds from both the permit fees and the overweight permit fees imposed pursuant to subsect ion A of this section collected monthly shall be a pportioned as provided in Section 1104 of this title. For the fiscal year beginning July 1, 2016, and ending June 30, 2017, the next Two Million One Hundred Fifty Thousand Dollar s ($2,150,000.00) of procee ds from both the permit fees and the overweight pe rmit fees imposed pursuant to subsection A of this section collected monthly shall be remitted to the Department of Public Safety for the purpose of training the Department of Public Safety port of entry of ficers whose powers and duties shall be specified by the Department of Public Safety through the promulgation of rules. For the fiscal year beginning July 1, 2017, and all subsequent years, the next One Mil lion Five Hundred Thousand Dollars ($1,500,000.00 ) of proceeds from both the permit fees and the overweight permit fees imposed pursuant to subsection A of this section collected monthly shall be remitted to the Department of Public Safety for the purpose of staffing the port o f entry weigh stations with Department of Public Safety port of entry officers whose powers and duties shall be sp ecified by the Department of Public Safety through the promulgation of rules. For Req. No. 9216 Page 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the fiscal year beginning July 1, 201 6, and ending June 30, 2017, all proceeds collect ed from both the permit fees and the overweight permit fees imposed pursuant to subsection A of this section in excess of Three Million Three Hundred Sixty -six Thousand Dollars ($3,366,000.00) shall be depos ited in the Weigh Stat ion Improvement Revolving Fund as provided in Section 1167 of this title for the purpose set forth in that section and may be used for motor carrier permitting systems and motor carrier safety and enforcement. For the fiscal year beginning July 1, 2017, a nd all subsequent years, all proceeds collected from both the permit fees and the overweight permit fees imposed p ursuant to subsection A of this section in excess of Two Million Seven Hundred Sixteen Thousand Dollars ($2,716,000.00) shall be deposited in the Weigh Station Improveme nt Revolving Fund as provided in Section 1167 of t his title for the purpose set forth in that section and may be used for motor carrier permitting systems and motor carrier safety and enforcement. SECTION 10. AMENDATORY 47 O.S. 20 21, Section 14-116a, is amended to read as follows: Section 14-116a. Any person, firm, or corporation who moves or transports any load or manufactured home without a permit issued by the Department of Public Safety Transportation as required by the provisions of this chapter shall be deemed guilty of a mi sdemeanor and upon conviction thereof shall be punished as follows: Req. No. 9216 Page 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. For the first such violation, by a fine of Five Hundred Dollars ($500.00); 2. For the second such violatio n, by a fine of One Thousan d Dollars ($1,000.00); and 3. For the third and s ubsequent violations, by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00). The permit shall be carrie d by the operator of the vehicle moving or transporting the load or manufactured home and shall be available for inspection by any law enforcement officer. If said operator is found not to possess a permit, the load or manufactured home shall not continue to be moved or transp orted. Thereafter, the load or manufactured home shall not be moved or trans ported further except by the operator of a vehicle moving or transporting the load or manufactured home who is in possession of a permit authorizing the movement of the load or ma nufactured home. SECTION 11. AMENDATORY 47 O.S. 20 21, Section 14-118, is amended to read as follows: Section 14-118. A. 1. Pursuant to such rules as may be prescribed by Oklahoma agencies of jurisdiction, Oklahoma motor carriers may engage in any activity in which carriers subject to the jurisdiction of the federal government may be authorized by federal legislation to engage. Provided further, the Transportation Commission shall formulate, for the State Trunk Highway System , Req. No. 9216 Page 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 including the National System of Interstate and Defense Highways, and for all other highways or portions thereof, rules governing the movement of vehicles or loads which exceed the size or weigh t limitations specified by the provisions of this chapter. 2. Such rules shall be the basis for the development of a system by the Commissioner of Public Safety Executive Director of the Department of Transportation for the issuance of permits for the movement of oversize or overw eight vehicles or loads. Such system shall include, but not be l imited to, provisions for duration, seasonal factors, hours of the day or days when valid, special requirements as to flags, flagmen and warning or safety devices , and other such items as may be consistent with the intent of this section. The permit syste m shall include provisions for the collection of permit fees as well as for the issuance of the permits by telephone, electronic transfe r or such other methods of issuance as may be deemed feasible. 3. The Department of Public Safety Transportation is authorized to charge a fee of Two Dollars ($2.00) for each permit requested to be issued by facsimile machine or by any other means of elec tronic transmission, transfer or delivery. The fee sha ll be in addition to any other fee or fees assessed for the permi t. The fee shall be deposited in the State Treasury to the credit of the Department of Public Safety Restricted Revolving Fund Transportation and the Req. No. 9216 Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 monies shall be expended by the Departme nt of Transportation solely for the purposes provided for in this chapter. 4. It is the purpose of this section to permit the movement of necessary overweight and oversize vehicles or loads consistent with the following obligations: a. protection of the motoring public fro m potential traffic hazards, b. protection of highway surfaces, structures, and private property, and c. provision for normal flow of traffic with a minimum of interference. B. The Transportation Comm ission shall prepare and publish a map of the State of Oklahoma this state showing by appropriate symbols the various highway structures and bridges in terms of maximum size and weight restrictions. T his map shall be titled "Oklahoma Load Limit Map " and shall be revised periodically to maintain a reasonably c urrent status and in no event shall a period of two (2) years lapse between revisions and publication of the printed version of the Oklahoma Load Limit Map. This map shall also be made available by the De partment of Transportation on the Internet, and in no event shall a per iod of six (6) months lapse between revisions of the information provided on the Internet. Provided, further, the Secretary o f the Department of Transportation shall prepare and publis h a map of the State of Oklahoma this state Req. No. 9216 Page 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 showing the advantages of this state as a marketing, w arehousing and distribution network center for motor transportation sensitive industries. C. The Commissioner of Public Safety Executive Director of the Department of Transportation, or an authorized representative, shall have the authority, within the li mitations formulated under provisions of this chapter, to issue, withhold or revoke special permits for the operation of vehicles or combinations of vehicles or loads which exceed the size or weight limitations of this chapter. Every such permit shall be carried in the vehicle or com bination of vehicles to which it re fers and shall be open to inspection by any law enforcement officer or authorized agent of any author ity granting such permit, and no person shall violate any of the terms or conditions of suc h special permit. D. It shall be permissible in the transportat ion of empty trucks on any road or highway to tow by use of saddlemounts ;, i.e., mounting the front wh eels of one vehicle on the bed of another leaving the rear whee ls only of such towed vehicle in contact with the roadway. One vehicle may be fullmounted o n the towing or towed vehicles engaged in any driveaway or towaway operation. No more than three saddlemounts may be permitted in such combinations. The towed vehicles shall be securely fas tened and operated under the applicable safety requirements of th e United States Department of Transportation and such combinations shall not exceed an overall Req. No. 9216 Page 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 length of seventy-five (75) feet. Provided, a driveaway saddlemount with fullmount vehicle tran sporter combination may reach an overall length of ninety-seven (97) feet on the National Network of Highways. E. The Commissioner of Public Safety Executive Director of the Department of Transportation, upon application of any person engaged in the transportation of forest products in the raw state, which is defined to be tree-length logs moving from the forest directly to the mill, or upon application of any person engaged in the hauling for hire or for resale , of round baled hay with a total outside width of eleven (11) feet or les s, shall issue an annual permit, upon payment of a fee of Twenty-five Dollars ($25.00) each year, authorizing the operation by such persons of such motor vehicle load lengths and widths upon the highways of this state except on the National System of Inter state and Defense Highways. Provided, however, the restriction on use of the National System of Interstate and Defense Highways shall not be applicable to persons engaged in the hauling of round baled hay with a total outside width of eleven (11) feet or less. F. The Commissioner of Public Safety Executive Director of the Department of Transportation, upon application of any person engaged in the transportation of overwidth or overheight equipment us ed in soil conservation work with a total outside width of twelve (12) feet or less, shall issue an annual permit, upo n payment of a fee of Req. No. 9216 Page 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Twenty-five Dollars ($25.00) each year, authorizing the operation by such persons of such motor vehicle load lengths and widths upon the highways of this state except on the National System of Inter state and Defense Highways. G. Farm equipment including, but not limited to, implements of husbandry as defined in Section 1 -125 of this title shall be exempted from the req uirement for special permits due to size. Such equipment may move on any highway, except those highways which are part of the National System o f Interstate and Defense Highways, during the hours of darkness and shall be subject to the requirements as prov ided in Section 12-215 of this title. In addition to those requirements, tractors pulling machinery over thirteen (13) feet wide must have two amber flashing warning lamps symmetrically mounted, laterally and widely spaced as practicable, visible from both front and rear, mounted at least thirty-nine (39) inches high. H. Any rubber-tired road construction vehicle includ ing rubber- tired truck cranes and special mobilized machinery either self- propelled or drawn carrying no load other than component parts safely secured to the machinery and its own weight, but which is overweight by any provisions of this chapter, shall be authorized to move on the highways of the State of Oklahoma this state. Movement of such vehicles shall be authorized on the Federal Interstate System of Highways National System of Interstate and Defense Req. No. 9216 Page 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Highways only by special permit secured from the Commissioner of Public Safety Executive Director of the Department of Transportation or an authorized representative upon determination that the objectives of this s ection will be served by such a permit and that federal weight restrictions will not be violated. The specia l permit shall be: 1. A single-trip permit issued under the provisions of this section and Section 14-116 of this title; or 2. A special annual overweight permit which shall be issued for one calendar year period upon payment of a f ee of Sixty Dollars ($60.00). The weight of any such vehicle shall not exceed six hundred fifty (650) pounds multiplied by the nominal width of the tire. The vehicle shall be required to carry the safety equipment adjudged necessary for the health and wel fare of the driving pu blic. If any oversized vehicle does not come under the other limitations of the present laws, it shall be deemed that the same shall travel only between the hours of sunrise a nd sunset. The vehicle, bein g overweight but of legal dim ension, shall be allow ed continuous travel. The vehicles, except special mobilized machinery, shall be exempt from the laws of this state relating to motor vehicle registration, licensing or other fees or taxes in lieu of ad v alorem taxes. Req. No. 9216 Page 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I. 1. When such machinery has a wid th greater than eight and one-half (8 1/2) feet, or a length, exclusive of load, of f orty-five (45) feet, or a height in excess of thirteen and one-half (13 1/2) feet, then the permit may restrict movement to a fifty-mile radius from an established operati ng base, and may designate highways to be traveled, hours of travel and when flagmen may be required to precede or follow the equipment. 2. Possession of a permit shall in no way be construed as exempting such equipment from the auth ority of the Executive Director of the Department of Transportation to restrict use of particular highways, nor shall it exempt owners or operators of such equipment from the responsibility for damage to high ways caused by movement of the equipment. Nothing in this subsection shall appl y to machinery used in highway construction or road material production. 3. Upon the issuance of a special mobilized machinery driveaway permit as provided in this subsection, special mobilized machinery manufactured in Oklahoma shal l be permitted to move upon the highways of this state from the place of manufacture to the state line for delivery and exclusive use outside the state, and may be temporarily returned to Oklahoma f or modification and repair, w ith subsequent movement back out of the state. Spe cial driveaway permits for such movements shall be issued by the Commissioner of Public Safety Executive Director of the Department of Req. No. 9216 Page 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Transportation, who may act through desig nated agents, upon the payment of a fee in the amount o f Fifteen Dollars ($15.00) fo r each movement. 4. The size of the special mobi lized machinery shall not be such as to create a safety h azard in the judgment of the Commissioner of Public Safety Executive Director of the Department of Transportation. Permits for such special mobili zed machinery shall specify a maximum permissible r oad speed of sixty (60) miles per hour, designate safety e quipment to be carried and may exclude use of highways of the interstate system. 5. When such equipment has a width greater than eight and one - half (8 1/2) feet, or a lengt h exclusive of load of fo rty-five (45) feet, or a height in excess of thirteen and one-half (13 1/2) feet, the permit may designate highways to be traveled, hours of travel and when flagmen may be required to precede or follow the equipment. 6. Possession of a special driveaway p ermit shall in no way be construed as exempting such equip ment from the authority of the Executive Director of the Department of Transportation to restrict use of particular highways, nor shall it exempt the owners or operators of such equip ment from the responsibil ity for damage to highways caused by the movemen t of such equipment. SECTION 12. AMENDATORY 47 O.S. 2021, Section 14-118.1, is amended to read as follows: Req. No. 9216 Page 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 14-118.1 The Department of Transportation is authorized to enter into agreements with governmental entities outside this state for the issuanc e of regional and national oversize and overweight permits for single-trip nondivisible loads. Th e Commissioner of Public Safety Executive Director of the Department of Transportation shall adopt rules necessary to implement the agreements and shall issue multi-state permits for single -trip nondivisible loads in accordance with the terms of the agreements and shall receive and remit permit fees from a Depar tment of Public Safety Transportation special account in accordance with t he agreements and state law . SECTION 13. AMENDATORY 47 O.S. 2021, Section 14-120, is amended to read as follows: Section 14-120. A. Manufactured items, wit h the exception of manufactured homes as define d in Section 1102 of this t itle and industrialized housing as defined described in subsection B of Section 14-103A of this title, exceeding sixteen (16) feet but not exceeding twenty-three (23) feet in width traveling: 1. From a point of manufacture in the State of Oklahoma this state to a point of delivery in the State of Oklahoma this state or to a point of delivery in another state; or 2. From a point of manufa cture outside the State of Oklahoma this state to a point of delivery in the State of Oklahoma this state or to a point of delivery in another stat e shall be permitted, Req. No. 9216 Page 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 upon receipt of a speci al movement permit issued under the provisions of subsection B of this section, to tra vel on any state or U.S. highway in Oklahoma. Provided, however, the Commissioner of Public Safety Executive Director of the Department of Transportat ion is authorized to allow such items in exce ss of twenty-three (23) feet in width to travel on such highway if it is in the best interest of the state and a s pecial moving permit has been issued. Provided, further, that no such load in excess of the limitations set forth in the applicable United St ates Code shall be permitted to travel upon any portion of the National System of Interstate and Defense Highways. B. Every person desiring to transpo rt manufactured items pursuant to the provisions of this section shall apply to the Department of Public Safety Transportation for a special movement permit on an application form prescribed by the Department. Upon approval of the application by the Depar tment of Transportation, a special movement permit shall be issued for a fee of Five Hundred Dollars ($500.00). Except as provided in Section 4 of this act 14- 122 of this title, monies received from such special movement permit fees shall be deposited in the State Treasury to the credit of the General Revenue Fund. A permit issued purs uant to the provisions of this subsection shall expire upon the completion of one trip specified in subsection A of this section. The special movement Req. No. 9216 Page 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 permit, and fee relat ed thereto, shall be in addition to the permit and fees required by Section 14 -116 of this title. C. Highway escorts shall be required for transportation of items pursuant to the provisions of this section accor ding to rules and regulations prescribed by the Department of Public Safety Transportation. SECTION 14. AMENDATORY 47 O.S. 2 021, Section 14-120.1, is amended to read as follows: Section 14-120.1 A. 1. Any vehicle or combination of vehicles with an outside width that excee ds twelve (12) feet operating on highways in the state, including the National Syst em of Interstate and Defense Highways, shall, in addition to being in compliance with provisions of Section 14-101 et seq. of this t itle, be accompanied by an escort vehicle or vehicles, as prescribed by the Department of Public Safety Transportation. 2. Escort vehicle requirements shall not apply to retail implement dealers transporting farm implements from a retail distribution point to a fa rm or other location within a one hundred fifty (150) air-mile radius from the distribution point . For the purposes of this subsection , "retail implement dealers " shall mean a business engaged primarily in the sale of farm tractors as defined in Section 1-118 of this title or implements of husbandry as defined in Section 1-125 of this title or a combination thereo f. Req. No. 9216 Page 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. No person shall operate an escort vehicle for hire, as required by this section, unless the person has been certified by the Department of Public Safety Transportation as an escort vehicle operator. C. Any person not required to be certified by the Dep artment of Public Safety Transportation as an escort vehicle operator may tow a trailer when escorting a m anufactured home. Such trail er shall not exceed eight and one -half (8 1/2) feet in width and twenty (20) feet in length with siding not to exceed fou r (4) feet in height measu red from the bed of the trailer. The trailer may only be u sed to transport suppl ies and equipment necessary to carry out the mission of escort vehi cle operators. D. The Commissioner of Public Safety Executive Director of the Department of Transportation shall promulgate rules for the certification of operators of escort vehicles and the use of escort vehicles, as required by this section. E. The Commissioner of Public Safety Executive Director of the Department of Transporta tion is hereby authorized to enter into reciprocal compacts and agreements with oth er states for the purpose of recognizing escort vehicle operator certifications issued by those states. SECTION 15. AMENDATORY 47 O.S. 20 21, Section 14-120.2, is amended to read as follows: Req. No. 9216 Page 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 14-120.2 A. Every person required by the Department of Transportation, the Oklaho ma Turnpike Authority, or any federal agency or commission to have a law enforcement escort provided by the Oklahoma Highway Patrol Division of the Department of Public Safety for the transport of any oversized load or haza rdous shipment by road or rail shall pay to the Department of Public Safety Transportation a fee covering the full cost to administer, plan , and carry out the escort within this state. B. If the Highway Patrol provides an esco rt to accompany the transport of an oversized load or hazardou s shipment by road or rail at the request of any person that is not requi red to have a law enforcement escort pursua nt to subsection A of this section, then the requestor shall pay to the Depart ment of Public Safety Transportation a fee covering the full cost to administer, plan , and carry out the escort within this state. C. The Department of Public Safety Transportation shall adopt a schedule of fees necessary to implement this section. D. All fees collected by the Depar tment pursuant to this section shall be deposited to the credit of the Department of Public Safety Restricted Revolving State Transportation Fund established pursuant to Section 1501.1 of Title 69 of the Oklahoma Statutes. SECTION 16. AMENDATORY 47 O.S. 2021, Section 14-121, is amended to read as follows: Req. No. 9216 Page 49 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 14-121. A. No person shall operate a special combination vehicle within this state without a special c ombination vehicle permit for the vehicle i ssued by the Department of Public Safety Transportation. Such permit may be i ssued for operation upon Federal Aid Interstate Highways or four-lane divided Federal Aid Primary Highways and for access or egress bet ween points of origin or destination. B. The Commissioner of Public Safety Executive Director of the Department of Transportation shall promulgate rules for the issuance of special combination vehicle permits and shall collec t an annual fee of Two Hundred Forty Dol lars ($240.00) for each such permit issued. Except as provided in Section 4 14-122 of this act title, fees collected pursuant to this sec tion shall be remitted to the State Treasurer to be credited to the General Re venue Fund in the State Treasury. C. For the purposes of this section, a special combination vehicle shall consist of a truck-tractor semitrailer combination towing two complete trailers or semitrailers. No semitrailer or trailer used in such a combinati on shall have a length greater than twenty-nine (29) feet nor shall a special combination vehicle exceed the weight limitations imposed by Sections 14-109 and 14-116 of this title. SECTION 17. AMENDATORY 47 O.S. 2021, Section 14-126, is amended to read as follows: Req. No. 9216 Page 50 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. As used in this section: 1. "Affected area" means the entire width of the right -of-way of the route extended to a height of twenty -three (23) feet above the roadway; 2. "High-wide load" means a motor vehicle transpor ting property on any portion of a route where the vehicle exceeds the limitations on size imposed by Section 14 -103 of Title 47 of the Oklahoma Statutes and no portion of the motor ve hicle or the transported property has a greater width than twenty -eight (28) feet or a greater height than twenty -three (23) feet; and 3. "Political subdiv ision" means a city, village, town or county. B. The following routes through Oklahoma are designat ed as Oklahoma high-wide corridors: 1. US-83 in Beaver County, commencin g at the Texas border and ending at the Kansas border; and 2. a. commencing at the intersection of US-83 and US-270 in Beaver County, proceeding east on US -270 to SH-51 in Dewey County, b. at the intersection o f US-270 and SH-51, proceeding east on SH-51 to US-77 in Logan County, c. at the intersection of SH -51 and US-77, proceeding north on US-77 to US-64 in Noble County, Req. No. 9216 Page 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. at the intersection of US -77 and US-64, proceeding east on US-64 to SH-108 in Payne County, e. at the intersection of US -64 and SH-108, proceeding south on SH-108 to SH-51, f. at the intersection of SH -108 and SH-51, proceeding east on SH-51 to SH-97 in Tulsa County, and g. at the intersection of SH -51 and SH-97, proceeding north on SH-97 and ending at East 21st Street; and 3. a. commencing at the intersection of SH-51 and SH-99 in Creek County, proceeding north on SH -99 to US-60 in Osage County, b. at the intersection of SH -99 and US-60, proceeding west on US-60 to SH-18, and c. at the intersection of US-60 and SH-18, proceeding north on SH-18 and ending at the Kansas border; and 4. a. US-169, commencing at the Kansas border in Nowata County and proceeding south on US -169 to SH-266 in Tulsa County, and b. at the intersection of US-169 and SH-266, proceeding east on SH-266 and ending at SH-66 in Rogers County; and 5. a. commencing at the intersection of SH -51 and SH-351 at the Tulsa/Wagoner County line, proceeding south and east on SH-51 to US-69 in Wagoner County, Req. No. 9216 Page 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. at the intersection of SH -51 and US-69, proceeding north on US-69 to US-60 in Craig County, and c. at the intersection of US -69 and US-60 in Ottawa County (2.5 mi. NE of Afton), proceeding east on US -60 and ending at the Missouri border; and 6. US-183, commencing at the Texas bord er in Tillman County and proceeding north on U S-183 and ending at the intersection of SH -51 in Dewey County; and 7. a. commencing at the intersection of US -183 and SH-9 in Kiowa County, proceeding east on SH -9 to SH-146 in Caddo County, b. at the intersection of SH-9 and SH-146, proceeding north on SH-146 to SH-152, c. at the intersection of SH -146 and SH-152, proceeding east on SH-152 to US-81 in Grady County, d. at the intersection of SH -152 and US-81, proceeding south on US-81 to SH-37, e. at the intersection of US-81 and SH-37, proceeding east on SH-37 to SH-4, f. at the intersection of SH -37 and SH-4, proceeding north on SH-4 to SH-152 in Canadian County, and g. at the intersection of SH -152 and SH-4, proceeding east on SH-152 and ending at MacArthur Bo ulevard in Oklahoma County; and Req. No. 9216 Page 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. a. commencing at the intersection of US-270 and US-412 in Woodward County, proceeding east on US -412 to SH-132 in Garfield County, b. at the intersection of US -412 and SH-132, proceeding north on SH-132 to SH-45, c. at the intersection of SH-132 and SH-45, proceeding east on SH-45 to US-64, d. at the intersection of SH -45 and US-64, proceeding north on US-64 to US-60 in Grant County, e. at the intersection of US -64 and US-60, proceeding east on US-60 to SH-74, f. at the intersection of US-60 and SH-74, proceeding south on SH-74 to SH-15 in Garfield County, g. at the intersection of SH -74 and SH-15, proceeding east on SH-15 to US-77 in Noble County, h. at the intersection of SH -15 and US-77, proceeding south on US-77 to SH-15, i. at the intersection of US -77 and SH-15, proceeding east on SH-15 to US-177, and j. at the intersection of SH -15 and US-177, proceeding south on US-177 to US-64. C. No person shall operate a high -wide load on the route described without a permit from the Department of Public Safety Transportation. Req. No. 9216 Page 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 D. Exclusive of incorporated muni cipal limits, no person may install any structure within the affected area without a permit from the Department of Transportation. E. Upon the effective date of this sectio n, and exclusive of incorporated municipal lim its, no person may do any of the foll owing within the affected area: 1. Install any permanent structure without the authorization of the Department of Transportation; or 2. Take any action that would make any portion of the affected area permanently unav ailable for use by a high-wide load. F. The Department of Transportation shall create additional design standards for improvements to the Oklahoma high -wide routes to prevent interference from permanent struct ures. These standards shall: 1. Maintain a minimum eighteen feet and zero inches (18'-0") vertical clearance above the road surface for all future overhead obstructions. Where bridges cross over the Oklahoma high -wide routes, they shall be designed, whe re possible, to allow for high - wide loads to quickly egress and ingress around the bridge utilizing on- and off-ramps; 2. Require all future overhead signage to be of cantilever design, where possible, to allow high -wide loads to shift lanes to prevent interference; and Req. No. 9216 Page 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 3. Require all future bridge design or construction on the Oklahoma high-wide routes to accommodate a three hundred fifteen thousand (315,000) pound gross vehicle weight, single -lane design vehicle. G. Political subdivisions in which any portion of the Oklahoma high-wide route is located shall attempt to reach agreement s among the affected parties and with persons using the high -wide route for high-wide loads regarding the allocation of costs and provision of services related to removing p ermanent structures that interfere with the use of any portion of the affected area by high-wide loads. H. Political subdivisions in which any portion of the Oklahoma high-wide route is located shall attempt to reach agreements among the affected parties and with persons using the high -wide route for high-wide loads to provide timely vehicle escorts for persons using the high-wide route for high-wide loads. SECTION 18. AMENDATORY 69 O.S. 2021, Section 306, is amended to read as follows: Section 306. Immediately upon the election and qualification of the Executive Director of the Department of Transportation , he or she shall become vested with the duties and powers of the management and control of the Department, under such orders, rules and regulations as may be prescribed by the State Transportation Commission; and in addition the reto he or she shall have the following specific powers and duties: Req. No. 9216 Page 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (a) 1. To supervise the sta te highway system under rules and regulations prescribed by the Commission; (b) 2. To appoint and employ, supervise and discharge such professional, clerical, skill ed and semiskilled help, labor and other employees as may be deemed necessary for the prope r discharge of the duties of the Department and to fix and determine the salaries or wages to be paid subject to all such rules and regulations as may be promulgated by the Commission, and subject to the policies, rules and regulations of the Office of Man agement and Enterprise Services and the State Merit System of Personnel Administration; (c) 3. To investigate and de termine upon the various methods of road and bridge construction and maintenance in the diffe rent sections of the state; (d) 4. To aid at all times in promoting highway improvements and maintenance throughout the state; (e) 5. To make recommendations to the Commission in the letting of all contracts for construction or improvements of state highwa ys or any contract for road or bridge constr uction or improvement where the work is being done in whole or in part with state or federal monies; and to act for t he Commission in the purchase of all materials, equipment and supplies as provided for in this Code; (f) 6. To place on the state highway system any road he or she deems necessary and to the best interest of the state, when approved Req. No. 9216 Page 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 by a majority of the e ntire Commission, and to elimin ate from the state highway system any road when approved by a majority o f the entire Commission; (g) 7. To approve and pay claims for the services of professional, clerical, skilled and semiskilled help, laborers and other employees, for the Commission, when the salary or wages of such help and employees shall have been previo usly approved by the Commission; and to approve and pay progressive estimates on work done or contracts performed, where such work or contracts have theretofore been approved by the Commi ssion; and to approve and pay claims for the purchase of equipment, m aterials and supplies theretofore authorized by the Commission; (h) 8. To make emergency purchases of equipment, materials , and supplies, and emergency contracts for construction and repairs , under rules and regulations prescribed by the Commission; (i) 9. To grant permission to state age ncies, municipalities and water companies or districts to lay any water pipeline within the rights-of-way of state highways, when approved by the Commission; and (j) 10. To act for the Department in all matters except as otherwise provided in this Code ; and 11. Subject to the Merit System laws of this state, the Executive Director is hereby authorized to employ a supervis or of permit clerks, headquarters permit clerks , and additional permit Req. No. 9216 Page 58 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 clerks, who shall have the duty to issue oversize and overweight permits in accordance wit h the provisions of Chapter 14 of Title 47 of the Oklahoma Statutes and to collect the fees there for and to remit the same to the Oklahoma Tax Commission . SECTION 19. This act shall become effective November 1, 2022. 58-2-9216 JBH 01/13/22