Req. No. 8907 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 4385 By: Ford
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
Section 14-110, which relates to carrying
registration certificate; mod ifying agency
responsibility; amending 47 O.S. 2021, Sections 161A,
162, 162.1, 163, 165, 166, 166.5, 166a, 169, 169.5,
170, 170.1, 170.2, 171.1, 172, 177.2, 177.3, 180,
180a, 180b, 180c, 180d, 180e, 180f, 180g, 180h, 180k,
180l and 180m, which relate to t he regulation of
motor carriers; modifying name of act; removing
notification requirement for the Corporation
Commission; modifying fund providing payment for
certain motor vehicles; modifying emp loyees certain
agencies may appoint; specifying type of offi cers
appointed by Department; eliminatin g duties of
certain employee; modifying agency reference;
modifying fund reference; allowing for the employment
of certain Port of Entry officers; establish ing
classes of certain officers; u pdating statutory
references; amending 47 O.S. 2021, Sections 230.22,
230.23, 230.24, 230.25, 230.26, 230.27, 230.28,
230.29, 230.30, 230.31, 230.32 and 230.34a, which
relate to the Motor Carrier Act of 1995; modifying
agency reference; transferring certai n duties from
the Corporation Commission to the Department of
Public Safety; removing requirement of cooperation by
certain agencies; allowing for the regulation of
motor carriers by the Department of Public Safety;
amending 47 O.S. 2021, Section 230.6, which relates
to use and activities of commercial vehicles;
establishing procedural requirements for certain
violations; requiring u se of certain software in
determining certain penalty; amending 47 O.S . 2021,
Section 230.9, which relates to compliance with the
Oklahoma Motor Carrier Safety and Hazardous Materials
Transportation Act; requiring certain violation to be
Req. No. 8907 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
in compliance with certain federal r egulations;
modifying factors considered by Commissioner of
Public Safety assessing penalty; adding methods of
collection for certain administrative penalties;
establishing procedures for certain safety ratings;
authorizing Department to hold vehicles in certain
circumstances; amending 47 O.S. 2021, Sections 1120
and 1120.1, which relate to proportional registrati on
and entry into the International Registration Plan;
modifying agency reference; amending 47 O.S. 2021,
Sections 1166, 1167, 1168, and 1169, which relate to
motor carrier enforcement; providing that certain
rules be deemed promulgated by De partment of Public
Safety; modifying agency reference relating to rules,
enforcement of actions, and fund administration;
providing for the Department of Public Safety and
Department of Transportation to enter into certain
agreement; amending 47 O.S. 2021, Sections 1 201, 1202
and 1203, which relate to the Oklahoma Weigh Station
Act of 2012; modifying agency reference; providing
for the Department of Public Safety and the
Corporation Commission to enter into certain
agreement; transferring certain powers and duties
from the Corporation Commissio n to the Department of
Public Safety; removing requirement of roadside
enforcement in certain circumstances; removing
authorization to conduct certain activities related
to roadside enforcement; repealing 47 O.S. 2021,
Sections 171, 171.2 and 172.1, which relate to the
regulation of motor carrie rs and authority of motor
carrier enforcement offi cers; updating statutory
language; providing an effective date; and declaring
an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 14-110, is
amended to read as follows:
Req. No. 8907 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
Section 14-110. The registration certificate for any truck,
trailer, semitrailer or combination th ereof shall be carried in or
on the vehicle at all tim es and shall be presented on demand of a ny
officer of the Department of Public Safety , Oklahoma Corporation
Commission, or any sheriff for inspection , and it shall be accepted
in any court as prima faci e evidence of weight registration or
legally authorized load limit of the vehicle.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 161A, is
amended to read as follows:
Section 161A. A. This act shall be known and may be cited as
the "Household Goods Act of 2009 Safe Highway Commerce Ac t". The
purpose of this act is to regul ate intrastate transportation by
motor carriers of household goods in such manner as to establish
standards for public safety, fair competitive practices, adequat e
and dependable service, and protection of shippers f rom deceptive or
unfair practices.
B. The provisions of this act, except as specifically limited
herein, shall apply to the intrastate transportation of household
goods by motor carriers over public hi ghways of this state; and the
regulations of such tran sportation, and the procurement thereof and
the provisions of facilities therefor, are hereby vested in the
Corporation Commission Department of Public Safety .
Shipments contracted by the federal govern ment, a state
government, a tribal government or any l ocal government or political
Req. No. 8907 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
subdivision thereof shall not be required to obtain a household
goods certificate, but shall be regulated by the Commission
Department to achieve compliance with safety requ irements and size
and weight limitations.
Nothing in this act shall be construed to interfere with the
exercise by agencies of the government of the United States of its
power of regulation of interstate commerce.
C. As used in this act:
1. "Commission" "Department" means the Corporation Commission
Department of Public Safety;
2. "Corporate family" means a group of corporations consisting
of a parent corporation and al l subsidiaries in which the parent
corporation owns directly or indirectly one hundred percent (100%)
interest;
3. "Household goods" means used personal effects and property
of a dwelling;
4. "Household goods certificate " means a certificate of
authority issued by the Corporation Commission Department of Public
Safety to transport househol d goods within this state;
5. "Intercorporate hauling " means the transportation of
household goods, by motor vehicle, for compensation, by a carrier
which is a member of a corporate family, as defined in this section,
when the transportation for compensat ion is provided for other
members of the corporate fam ily;
Req. No. 8907 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
6. "Motor carrier of household goo ds" means a person
transporting household goods for compensation or other
consideration, with an origin and destination within this state;
7. "Motor vehicle" means any automobile, truck, truck -tractor,
trailer or semitrailer or any motor bus or self-propelled vehicle
not operated or driven upon fixed rails or tracks;
8. "Person" means any individual, firm, copartnership, limited
partnership, corporation, limited liability corporation, company,
association, or joint-stock association and includes any trust ee,
receiver, assignee, or personal representative thereof; and
9. "Public highway" means every public street, road, highway ,
or thoroughfare in this state, used by the public, whether actually
dedicated to the publ ic and accepted by the proper authoritie s or
otherwise.
D. The terms and provisions of this act shall apply to com merce
with foreign nations, or commerce among the several states of this
Union, insofar as such application may be permi tted under the
provisions of the Constitution of the United S tates and the Acts of
Congress.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 162, is
amended to read as follows:
Section 162. A. The Corporation Commission Department of
Public Safety is authorized to:
Req. No. 8907 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
1. Supervise and regulate every motor carrier of household
goods;
2. Protect the shipping and genera l public by requiring
liability insurance and cargo insurance of all motor carriers of
household goods;
3. Ensure motor carriers of househol d goods are complying with
applicable size and weight laws and safety requirements;
4. Supervise and regulate such motor carriers in all other
matters affecting the relationship between such carriers a nd the
traveling and shipping pub lic including, but no t limited to,
consumer protection measur es and loss and damage claim procedures;
and
5. Enforce the provisions of this act.
B. The Commission Department is authorized to promulgate rules
applicable to persons transporting household g oods.
C. 1. The Commission Department is authorized to admi nister a
hazardous material transportation registration and permitting
program for motor carriers engaged in transporting hazardous
material upon or over the publ ic highways and within the border s of
the state.
2. The Commission Department shall promulgate rules
implementing the provisions of this subsection. Rules promulgated
pursuant to this subsection shall be consistent with, and equivalent
in scope, coverage, and content to requirements app licable to
Req. No. 8907 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
operators of vehicles transporting hazardous mater ials contained in
the report submitted to the Secretary of the United State s
Department of Transportation, pursuant to 49 U.S.C. 5119(b), by the
Alliance for Uniform Hazardous Material Transporta tion Procedures.
D. Nothing in this section shall be constru ed to remove or
affect the jurisdiction of the Department of Environmental Quality
to implement hazardous waste transportation requirements for federal
hazardous waste program delegation to this state under the feder al
Resource Conservation and Recovery Ac t.
E. The Commission Department is authorized to promulgate rules
and set fees applicable to interstate motor carriers, pertaining to
carrier registration, opera tion of equipment and filing of p roper
proof of liability insurance.
SECTION 4. AMENDATORY 47 O.S. 2021, Section 162.1, is
amended to read as f ollows:
Section 162.1 The Corporation Commission Department of Public
Safety is authorized to promulgate rules necessar y to enable this
state to participate in the Unified Carrier Registration System for
interstate motor carriers, brokers, forwarders and leasing companies
and interstate motor carriers holding intrastate authority as set
forth in the Safe, Accountable, Flex ible, Efficient Trans portation
Equity Act: A Legacy for Users (SAFETEA-LU), Subtitle C-Unified
Carrier Registration Act of 2005.
Req. No. 8907 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
SECTION 5. AMENDATORY 47 O.S. 2021, Section 163, is
amended to read as follows:
Section 163. A. No person shall transpor t household goods for
compensation or other consideration in intrastate commerce without a
valid certificate issued by the Corporation Commission Department of
Public Safety.
B. The Commission Department shall promulgate rules ensurin g
consumer protection and loss and damage claim procedures.
C. Every motor carrier, subject to this act, receiving
household goods for transportation in intrastate commerce shall
issue a receipt or bill of lading therefor, the form of which shall
be prescribed by the Commission Department.
D. Record-keeping documents, as required by the Commission
Department, shall be maintained by the m otor carrier of household
goods for a minimum of three (3) years. The Commission Department
is authorized to require ce rtain documents to be retained for a
longer period of time pe nding a claim for any other reason the
Commission Department deems necessary.
E. Any person, motor carrier , or shipper who shall willfully
violate any provision of this act or the Commission's Department's
rules pursuant thereto may be found in violation by the Commission
Department. After proper notice and hearing, violators m ay be
assessed penalties in an amount not to exceed One Thousand Dollars
($1,000.00) for the first violation and for the second violation
Req. No. 8907 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
within a year a penalty not to exceed Five Thousand Dollars
($5,000.00).
SECTION 6. AMENDATORY 47 O.S. 2021, Section 165, is
amended to read as follows:
Section 165. A. Upon the filing of an application to oper ate
as a motor carrier of household goods, the applicant shal l pay to
the Corporation Commission Department of Public Safety a filing fee
as set by Commission Department rule.
B. Upon the filing by an interstate motor carr ier of an
application to register interstate authority , or supplement thereto,
the applicant shall pay the Commission Department a filing fee as
established by the Commission Department and in full compliance with
applicable federal laws.
C. The Commission Department shall, upon the rece ipt of any
such fee, deposit the same in the State Treasury t o the credit of
the Corporation Commission Revolving Trucking One-Stop Shop Fund.
SECTION 7. AMENDATORY 47 O.S. 2021, Section 166, is
amended to read as follows:
Section 166. A. It is here by declared unlawful for any person
to transport household goods in intrastate commerce without a valid
certificate issued by the Corporation Commission Department of
Public Safety.
B. Motor carriers e ngaged in intercorporate hauling must obtain
a certificate in the motor carrier's name.
Req. No. 8907 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
C. Applicants for intrastate authority to transport household
goods shall file an application as required by this act and as
prescribed by the Commission Department. A household goods
certificate shall be issued to the a pplicant upon completion of all
requirements.
D. The Commission Department may consider any written protests
or written complaints filed prior to granting or renewing a
household goods certificate. If the Commission Department elects
not to grant or rene w a household goods certificate, the app lication
shall be set for public hearing in accordance with Commission
Department rules.
E. Household goods certificates may not be assigned or
transferred.
F. The Commission Department shall exercise any additiona l
power that may from time to time be co nferred upon the state by any
Act of Congress.
G. The Commission Department shall adopt rules prescribing the
manner and form in which motor carriers shall apply for a household
goods certificate.
SECTION 8. AMENDATORY 47 O.S. 2021, Section 166.5, is
amended to read as follows:
Section 166.5 If this act Section 161A et seq. of this title or
the Motor Carrier Act of 1995 or any provision hereof is, or may be
deemed to be, in conflict or inco nsistent with any of the provisions
Req. No. 8907 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
of Section Sections 18 through Section 34, inclusive, of Article IX
of the Constitution of the State of Oklahoma, then, to the extent of
any such conflicts or inconsi stencies, it is hereby expressly
declared that this en tire act and this section are amendments to and
alterations of the sections of the Constitution, as authorized by
Section 35 of Article IX of said the Constitution.
SECTION 9. AMENDATORY 47 O.S. 2021, Section 166a, is
amended to read as follows:
Section 166a. A. As us ed in this section:
1. "Authorized carrier" means a motor carrier of household
goods;
2. "Equipment" means a motor vehicle, straight truck, tractor,
semitrailer, full trailer, any combination of these and any other
type of equipment used by authorized ca rriers in the transportation
of household goods;
3. "Owner" means a person to whom title to equipment has been
issued, or who, without title, has the right to ex clusive use of
equipment for a period longer than thir ty (30) days;
4. "Lease" means a contract or arrangement in which the owner
grants the use of equipment, with or without dr iver, for a specified
period to an authorized carrier for use in the regulated
transportation of household goods in exchange for com pensation;
5. "Lessor", in a lease, means the party granting the use of
equipment with or without driver to another;
Req. No. 8907 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
6. "Lessee", in a lease, means the party acquiring the use of
equipment with or wit hout driver from another;
7. "Addendum" means a supplement to an existing lease which is
not effective until signed by the lessor and lessee; and
8. "Shipper" means a person who sends or receives household
goods which are transported in intrastate commer ce in this state.
B. An authorized carrier may perfor m authorized transportation
in equipment it does not own only under the following conditions:
1. There shall be a written l ease granting the use of the
equipment and meeting the requirements as set for th in subsection C
of this section;
2. The authorized carrier acquiring the use of equipment under
this section shall identify the equipment in accordance with the
Commission's Department of Public Safety 's requirements; and
3. Upon termination of the le ase, the authorized carrier shall
remove all identific ation showing it as the operating carrie r before
giving up possession of the equipment.
C. The written lease required pursu ant to subsection B of this
section shall contain the following provisions. T he required lease
provisions shall be adhered to and p erformed by the authorized
carrier as follows:
1. The lease shall be made between the authorized carrier and
the owner of the equipment. The lease shall be signed by these
parties or by their authoriz ed representatives;
Req. No. 8907 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
2. The lease shall specify the ti me and date or the
circumstances on whic h the lease begins and ends and include a
description of the equipment which shall b e identified by vehicle
serial number, make, year, model and current license p late number;
3. The period for which the lease applie s shall be for thirty
(30) days or more when the equipment is to be operated for the
authorized carrier by the owner or an e mployee of the owner;
4. The lease shall provide that the authorized carrier lessee
shall have exclusive possession, control and us e of the equipment
for the duration of t he lease. The lease shall further provide that
the authorized carrier lessee shall assume complete responsibility
for the operation of the equipment for the dura tion of the lease;
5. The amount to be paid by the au thorized carrier for
equipment and driver's services shall be clearly stated on the face
of the lease or in an addendum whic h is attached to the lease. The
amount to be paid may be expressed as a perce ntage of gross revenue,
a flat rate per mile, a variab le rate depending on the direction
traveled or the type of commodity transported , or by any other
method of compensation mut ually agreed upon by the parties to the
lease. The compensation stated on the lease or in the attached
addendum may apply to equipm ent and driver's services either
separately or as a combined amount;
6. The lease shall clearly specify the responsibility of each
party with respect to the cost of fuel, fuel taxes, empty mileage,
Req. No. 8907 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
permits of all types, tolls, detention and accessorial se rvices,
base plates and licenses, and any unused portions of such items.
Except when the violation results from the acts or omissions of the
lessor, the authorized carrier lessee shall assume the risks and
costs of fines for overweight and oversize traile rs when the
trailers are preloaded, seal ed, or the load is containerized, or
when the trailer or lading is otherwise outside of the lessor's
control, and for improperly permitted over -dimension and overweight
loads and shall reimburse the lessor for any fi nes paid by the
lessor. If the authoriz ed carrier is authorized to receive a refund
or a credit for base plates purchased b y the lessor from, and issued
in the name of, the authorized carrier, or if th e base plates are
authorized to be sold by the authori zed carrier to another lessor,
the authorized carrier shall refund to the initial lessor on whose
behalf the base plate was first obtained a prorated share of the
amount received;
7. The lease shall sp ecify that payment to the lessor shall be
made by the authorized carrier within fifteen (15) d ays after
submission of the necessary delivery documents and other paperwork
concerning a trip in the service of the authorized carrier. The
paperwork required b efore the lessor can receive payment is limited
to those documents necessary for the authorize d carrier to secure
payment from the shipper. The authorized carrier may require th e
Req. No. 8907 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
submission of additional documents by the lessor but not as a
prerequisite to payment;
8. The lease shall clearly specify the rig ht of those lessors
whose revenue is bas ed on a percentage of the gross revenue for a
shipment to examine copies of the auth orized carrier's freight bill
before or at the time of settlement. The lease shall clearly
specify the right of the lessor, regardl ess of method of
compensation, to examin e copies of the carrier 's tariff;
9. The lease shall clearly specify all items that may be
initially paid for by the authorized carrier, but ultimately
deducted from the lessor's compensation at the time of payment or
settlement together with a recitation as to how the amount of each
item is to be computed. The lessor shall be afforded copies of
those documents which are necessary to determine the validity of the
charge;
10. The lease shall specify that the lessor is not required to
purchase or rent any products, equipment, or services from the
authorized carrier as a condition of enter ing into the lease
arrangement;
11. As it relates to insurance:
a. the lease shall clearly specify the legal obligation
of the authorized carrier to maintain insurance
coverage for the protection of the public, and
Req. No. 8907 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
b. the lease shall clearly specify the c onditions under
which deductions for cargo or property damage may be
made from the lessor's settlements. The lease shall
further specify that the authorized carrier must
provide the lessor with a written explanation and
itemization of any deductions for c argo or property
damage made from any compensation of money owed to the
lessor. The written explanation and itemization must
be delivered to the lessor before any deductio ns are
made; and
12. An original and two copies of each lease shall be signed by
the parties. The authorized carrier shall keep the original and
shall place a copy of the lease in the equipment during the period
of the lease. The owner of the equipment shall keep the other copy
of the lease.
D. The provisions of this section shall app ly to the leasing of
equipment with which to perform household goods transport ation by
motor carriers.
SECTION 10. AMENDATORY 47 O.S. 2021, Section 169, is
amended to read as follows:
Section 169. A. No certificate shall be issue d by the
Corporation Commission Department of Public Safety to any motor
carrier of household goods until after such motor carrier s hall have
filed with the Commission Department a liability insurance policy or
Req. No. 8907 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
bond covering public liability and property d amage, issued by some
insurance or bonding company or insurance carrier author ized as set
forth below, and which has complied with a ll of the requirements of
the Commission Department, which bond or policy shall be approved by
the Commission Department, and shall be in such sum and amount as
fixed by a proper order of the Commission Department; and such
liability and property damage in surance policy or bond shall bind
the obligor thereunder to make compensation for injuries to, or
death of, persons, and los s or damage to property, resulting from
the operation of any such motor carrie r for which such carrier is
legally liable. After jud gment against the carrier for any damage ,
the injured party may maintain an action upon the policy or bond to
recover the same, and shall be a proper party to maintain such
action.
B. Every motor carri er of household goods shall file with the
Commission Department a cargo insurance policy or bo nd covering any
goods or property being transported, issued by some insurance or
bonding company or insurance carrier authorized as set forth below,
and which has complied with all of the requirements of the
Commission Department, which bond or policy shal l be approved by the
Commission Department, and shall be in a sum and amount as fixe d by
Commission Department rule. The cargo insurance must be filed with
the Commission Department prior to a certificate being issu ed by the
Commission Department.
Req. No. 8907 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
C. No carrier, whose principal place of business is in
Oklahoma, shall conduct any operati ons in this state unless the
operations are covered by a valid primary bond or insurance policy
issued by an insurer authorized or a pproved by the Oklahoma
Insurance Department. No carrier whose principal place of business
is not in Oklahoma shall conduct any operations in this state unless
the operations are covered by a valid bon d or insurance policy
issued by an insurer licensed or approved by the insurance
regulatory authority of the state of their principal place of
business or the Oklahoma Insurance Department.
D. Each motor carrier shall maintain on file, in full force,
all insurance required by the laws of the State of Oklahom a and the
rules of the Commission Department during such motor carrier 's
operation and that the failure for any cause to mai ntain such
coverage in full force and effect shall immediately, without any
notice from the Commission Department, suspend such carrier's rights
to operate until proper ins urance is provided. Any carrier
suspended for failure to maintain proper insurance shall have a
reasonable time, not exceeding sixty (60) days, within which to
provide proper insurance and to have the carrier's authority
reactivated, upon showing:
1. No operation during the period in which the carrier did not
have insurance; and
2. Furnishing of proper insurance coverage.
Req. No. 8907 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
E. Any carrier who fails to reactivate the carrier's
certificate within sixty (60) days after such suspension, as above
provided, shall have the certificate canceled, by operation of law,
without any notice from the Commission Department. No certificate
so canceled shall be reinstated or other wise made operative except
that the Commission Department may reinstate the authority of a
motor carrier upon proper showing that the motor carrier was
actually covered by proper insurance during the suspension or
cancellation period, and that failure to f ile with the Commission
Department was not due to the motor carrier's fault. Any carrier
desiring to file for reinstatement of the carrier 's certificate
shall do so within ninet y (90) days of its cancellation by law.
F. The Commission Department shall, in its discretion, permit
the filing of certificates of insurance coverage on such form as may
be prescribed by the Commission Department, in lieu of copies of
insurance policies or bonds, with the proviso that if the
certificates are authorized, the insura nce company or carrier so
filing it, upon request of t he Commission Department, shall, at any
time, furnish an authenticated copy of the policy which the
certificate represents, and further provided that thirty (30) days
prior to effective cancellation or termination of the policy of
insurance for any cause, the insurer shall so notify the Commission
Department in writing of the facts or as deemed necessary by the
Commission Department.
Req. No. 8907 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
SECTION 11. AMENDATORY 47 O.S. 2021, Section 169.5, is
amended to read as follows:
Section 169.5 If the carrier fails to process loss or da mage
claims as provided in Sections 169.2 through 169.4 of this title, or
to express declinations of the claims in writing with proof of
nonliability, the carrier may be found in contempt by the
Corporation Commissio n Department of Public Safety after proper
notice and hearing. Failure to pay any fine or otherwise resolve
the complaint may result in a hearing by the Corporation Commission
Department of Public Safe ty to determine if the operating authority
of the carrier shall be revoked.
SECTION 12. AMENDATORY 47 O.S. 2021, Section 170, is
amended to read as follo ws:
Section 170. A. Nothing contained in this act Section 161 et
seq. of this title shall be construed to authorize the operation of
any freight vehicle in excess of the gross weight, width, length or
height authorized by law.
B. Any person who willfull y advertises to perform
transportation services for which the person does not hold a proper
certificate shall be in violation of thi s act and subject to the
penalties prescribed for contempt of the Corporation Commission
Department of Public Safety .
C. Household goods certificates may be suspended or revoked for
any violation of state law or Commission Department rule.
Req. No. 8907 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
D. Certificates shall be considered personal to the ho lder
thereof and shall be issued only to some definite legal entity
operating motor vehicles as a motor carrier of household goods, and
shall not be subject to le ase, nor shall the holder thereof sublet
or permit the exercise, by another, in anywise, of th e rights or
privileges granted thereunder.
SECTION 13. AMENDATORY 47 O.S. 2021, Section 170.1, is
amended to read as follows:
Section 170.1 A. Upon any complaint in writing under oath
being made by any person, or by the Commission Department of Public
Safety of its own motion, setting forth any act or thing done or
omitted to be done by any person in violation, or claimed violation,
of any provision of law, or of any or der or rule of the Commission
Department, the Commission Department shall enter same upon its
docket and shall immediately serve a copy thereof upon each
defendant together with a notice directed to each defendant
requiring that the matter complained of be answered, in writing,
within ten (10) days of the date of ser vice of such notice,;
provided that, the Commission Department may, in its discretion,
require particular cases to be answered within a shorter time, and
the Commission Department may, for good cause shown, extend th e time
in which an answer may be filed.
Upon the filing of the answer herein provided for, the
Commission Department shall set a time and pla ce for the hearing,
Req. No. 8907 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
and notice of the time and place of the h earing shall be served not
less than ten (10) days bef ore the time set therefor, unless the
Commission Department shall find that public necessity requires the
hearing at an earlier date.
B. The Commission Department may, in all matters within its
jurisdiction, issue subpoenas, subpoena s duces tecum, and all
necessary process in proceedings pendin g before the Commission
Department; may administer oaths, examine witnesses, compel the
production of records, books, papers, files, documents, contracts,
correspondence, agreements, or accounts necessary for any
investigation being conducted, and certify official acts.
C. In case of failure on the part of any person to comply with
any lawful order of th e Commission, or of any Commissioner
Department, or with any subpoena or subpoena duces tecum , or to
testify concerning any matter on which he or she may be lawfully
interrogated, the Commission Department may compel obedience by
proceedings for contempt a s in the case of disobedience of the
requirements of a subpoe na, or of the refusal to testify .
D. Witnesses who ar e summoned before the Commission Department
shall be paid the same fees and mileage as are paid to witnesses in
courts of record. Any party to a proceeding at whose instance a
subpoena is issued and se rved shall pay the costs inciden t thereto
and the fees for mileage of all his or her witnesses.
Req. No. 8907 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
E. In event any process shall be directed to any nonresident
who is authorized to do business in t his state, the process may be
served upon the agent designate d by the nonresident for the ser vice
of process, and service upon the agent shall be as suffic ient and as
effective as if served upon the nonresident.
F. All process issued by the Commission Department shall extend
to all parts of the state and any such p rocess, together with the
service of all notices issue d by the Commission Department, as well
as copies of complaints, rules, orders and regulations of the
Commission Department, may be served by any person authorized to
serve process issued out of courts of record, or by certified mail.
G. After the conclus ion of any hearing, the Commission
Department shall, within sixty (60) days, make and file its findings
and order, with its opinion. Its fin dings shall be in sufficient
detail to enable any court in wh ich any action of the Commission
Department is involved to determine the controverted question s
presented by the proceeding. A copy of such order, certified under
the seal of the Commission Department, shall be served upon the
person against whom it runs, or the attorney of the person, and
notice thereof shall be given to the other parties to the
proceedings or their attorneys. The order shall take effect and
become operative within fifteen (15) days after the service thereof,
unless otherwise provided. If an order cannot, in the judgm ent of
the Commission Department, be complied with within fift een (15)
Req. No. 8907 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
days, the Commission Department may grant and prescribe such
additional time as in its judgm ent is reasonably necessary to comply
with the order, and may , on application and for good ca use shown,
extend the time for compliance fixed in the order.
H. In the event the Commission Department finds that the
defendant is guilty upon any complaint file d and proceeding had and
that the provisions of law, or the r ules, regulations or orders of
this Commission Department have been willfully and knowingly
violated and the violator holds a permit or certificate or license
issued by the Commission Department authorizing it to engage in the
transportation of persons or property for hire, then such per mit or
certificate or license may also be revoked by the Commission
Department.
I. Where a complaint is instituted by any person other than the
Commission Department of its own motion and in the event the
Commission Department should find that the complai nt was not in good
faith, the complaining party shall be requi red to pay the
defendant's attorney's attorney fee, the fee to be prescribed by the
Commission Department in accordance with applicable Oklahoma Bar
Association standards.
J. Any person aggriev ed by any findings and order of the
Commission Department may appeal to the Supreme Court in the way and
manner now or hereafter provided for appeals from the dist rict court
to the Supreme Court.
Req. No. 8907 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
SECTION 14. AMENDATORY 47 O.S. 2021, Section 170.2, is
amended to read as follows:
Section 170.2. A. The Department of Public Safety, monthly,
shall notify the Oklahoma Corporation Commission of a ny ticket
issued for a violation of the provisions of Section 14-119 of this
title, or any provisions of Chapter 14 of this title or the terms of
any special permit authorized pursuant to the provisions of Chapter
14 of this title concerning overweight or overweight special
permits.
B. Truck overweight violations b y motor carriers or private
carriers shall be consider ed contempt of Commission Department motor
carrier rules, tariffs and regulations. The Commission Department
shall establish a specific rule whereby such overweight violations
by motor carriers or priv ate carriers shall be grounds fo r issuance
of a show-cause order for consideration of temporar y or permanent
cancellation of operating authority or license. In establishing the
rule, consideration shall be given to the frequency of violations,
pattern of violations, fleet size, type of operation, amount of
overweight, and other such factors that m ay indicate intent. Any
person, firm, or corporation that assists in the commission of such
overweight violation or refuses to comply with any rule, regulation ,
or order of the Commission Department relating thereto shall be
guilty of contempt of the Commission Department and shall be subject
to a fine to be imposed by said Commission in a sum not to exc eed
Req. No. 8907 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
Five Hundred Dollars ($500.00) on as prescribed by Sectio n 14-101 et
seq. of this title f or each violation. In the specific instance of
an overweight violation, the transportation of each load shall
constitute a separate violation. The same fine asse ssed against the
motor carrier or private carrier shall apply to any other person,
firm, or corporation that aids o r abets such violations. Provided,
however, no motor carrier, private carrier, shipper or person
loading or causing a motor vehicle to be lo aded shall be subject to
a fine for contempt unless the gross weight of the motor vehicle is
more than five thousan d (5,000) pounds overweight.
C. B. The Commission Department, in its discretion and on its
own motion, may make a contempt complaint in writ ing under oath
setting forth the violation, enter the complai nt on its docket, and
proceed with the matter in accor dance with the provisions of
Sections Section 161 et seq. of this title or the Motor Carrier Act
of 1995.
SECTION 15. AMENDATORY 47 O.S. 2021, Section 171.1, is
amended to read as follows:
Section 171.1 In add ition to other uses authorized by law,
funds provided to the Corporation Commission Weigh Station
Improvement Revolving Fund pursuant to Sections 165, 177.2 and 180h
of this title shall be expended as follows:
1. The Corporation Commission Transportation Division shall
Department of Public Safety may employ four special motor carrier
Req. No. 8907 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
enforcement Port of Entry commissioned and noncommissioned officers
and one supervisor-officer who shall have the primary duty of
investigating and assisting in the prosecutio n of persons engaged in
unauthorized transportation or dispos al of deleterious substances as
contemplated under the provisions of the Oklahoma Motor Carrier Act
and any other applicable provisions of law. Port of Entry officers
shall have authority and po wers as authorized under the provisions
of Section 172 of thi s title. Such employees shall be compensated
as for similar service in the same or other departments of the state
and an expense allowance of One Hundred Dollars ($100.00) per month
for maintenance and cleaning of uniforms and other related expenses
shall be paid to such employees. Nothing in this section regarding
expense allowances shall be construed to mean that such employees
shall receive any additional comp ensation beyond what is provided
for maintenance and cleaning of uniforms and other related ex penses
by the Corporation Commission Department of Public Safety on the
effective date of this act September 1, 1993.
2. The Commission Department shall purchase provide a
sufficient number of m otor vehicles to provide each motor carrier
enforcement officer employed in the Transportation Division a motor
vehicle suitable as necessary for Port of Entry officers to carry
out the enforcement provisions of applicable law. Said The vehicles
shall be appropriately marked as official vehicles and radio
equipped. All costs for operation, maintenance and replacement of
Req. No. 8907 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
the motor vehicles authorized in this section shall be provided for
from the Corporation Commission Weigh Station Improvement Revolving
Fund. Effective January 1, 2024, all assets associated with t he
enforcement functions of the Corporation Commission shall be
transferred to the Department of Public Safet y, to include but not
be limited to vehicles, compute rs, vests, weapons, and cellular
telephones.
3. The Commission shall Department may employ a hearing officer
officers as necessary whose primary responsibility shall be the
adjudication of enforcement pr oceedings and complaints brought
against persons engaged in unauthorized transportati on or disposal
of deleterious substances or other unauthorize d transportation in
violation of the Oklahoma Motor Carrier Act or the rules and
regulations of motor carriers as promulgated by the Corporation
Commission Department of Public Safety .
SECTION 16. AMENDATORY 47 O.S. 2021, Section 172, is
amended to read as follows:
Section 172. A. Every owner of any motor vehicle, the agents
or employees of the owner, and every other person who violates o r
fails to comply with or procure s, aids, or abets in the violation of
Sections 161 161A through 180m of this title or the Motor Carrier
Act of 1995, or who fails to obey, observe , or comply with any
order, decision, rule or regulation, direction, demand , or
requirement of the Corporation Commission Department of Public
Req. No. 8907 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
Safety, or who procures, aid s or abets any corporation or person in
the person's, or its, refusal or willful failure to obey, observe or
comply with any such order, decision, rule, direction , demand, or
regulation shall be deemed guilty of a misdemeanor. Upon conviction
in a criminal court of competent jurisdiction, such misdemeanor is
punishable by a fine of not exceeding One Thousand Doll ars
($1,000.00).
B. The Corporation Commission Department of Public Safety shall
report to the Attorney General of this state and the district
attorney of the proper county having jurisdiction of such offense,
any violation of any of the provisions of Sec tions 161 161A through
180m of this title or the Mot or Carrier Act of 1995 or any rul e of
the Corporation Commission Department of Public Safety promulgated
pursuant to the provisions of Sections 161 161A through 180m of this
title or the Motor Carrier Act of 1995, by any motor vehicle owner,
agent or employee of such owner, or any other person. Upon receipt
of such report, the Attorney General or the district attorney of the
proper county having jurisdiction of such offense shall institute
criminal or civil proceedings against such offender in the proper
court having jurisdiction of such offense. Any willful failure on
the part of members of the C orporation Commission, the Attorney
General or any district attorney, to comply with the provisions of
this section, shall be deemed official misconduct . The Corporation
Commission Department of Public Safety shall report such complaints
Req. No. 8907 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
so made to the Governor of this state who shall direct and cause the
laws of this state to be enforced.
C. Any person failing, neglecting or refusing to comply with
the provisions of Sections 161 161A through 180m of this title or
the Motor Carrier Act of 1995, or with an y rule, regulation, or
requirement of the Corporation Commission Department of Public
Safety promulgated pursuant to the provisions of Sections 161 161A
through 180m of this title or the Motor Ca rrier Act of 1995, shall
be guilty of contempt of the Corporation Commission Department of
Public Safety, and shall be subject to a fine to be imposed by the
Corporation Commission Department of Public Safety in a sum not
exceeding Five Hundred Dollars ($5 00.00). Each day on which such
contempt occurs shall be deem ed a separate and distinct offense.
The maximum fine to be assessed on each day shall be Five Hundred
Dollars ($500.00). All fines collected pursuant to the pro visions
of this section shall be deposited in the State Treasury to the
credit of the Corporation Commission Department of Public Safety
Trucking One-Stop Shop Fund, as created in Section 1167 of this
title. This subsection shall not apply in the specific instance of
load capacity violat ions or violations applicable to the
transportation or discha rge of deleterious substances provided for
by specific statutory provisions.
D. The Corporation Commission sh all appoint a director of
transportation, a deputy d irector, an insurance supervisor, an
Req. No. 8907 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
insurance clerk, two stenographers, a secretary to the di rector, an
identification device supervisor and an assistant identification
device supervisor at such salaries as the Legislature may from time
to time prescribe. The employees shall be allowed actual and
necessary travel expenses pursuant to the provisio ns of the State
Travel Reimbursement Act. All of the expense claims shall be
presented and paid monthly.
E. Enforcement officers, appointed by the Corporation
Commission, are hereby declared to be peace officers of this state.
Such There shall be two ty pes of Port of Entry officers appointed by
the Department of Public Safety: commissioned officers and
noncommissioned officers. All officers shall be vested with all
powers of peace officers in enforcing the provisions of Sections 161
161A through 180m of this title, Title 49 of the Code of Federal
Regulations, and the Motor Carrier Act of 1995 in all parts of th is
state.
The powers and duties conferred upon said enforcement the Port
of Entry officers shall in no way limit the powers and duties of
sheriffs or other peace officers of the state, or any political
subdivision thereof, or of members of the Division of Highway
Patrol, subject to the Department of Public Safety.
F. The enforcement offic ers when on duty, upon reasonable
belief that any motor vehic le is being operated in violation of any
provisions of Sections 161 through 180m of this title or the Motor
Req. No. 8907 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
Carrier Act of 1995, shall be authorized to require th e driver of
the vehicle to stop a nd submit to an inspection of the
identification device, or d evices, in the vehicle, and to submit to
such enforcement officer bills of lading, waybills, or other
evidences of the character of the commerce being transported in such
vehicle, and to submit t o an inspection of the contents of such
vehicle for the purpo se of comparing same with bills of lading or
shipping documentation, waybills, or other evidences of
transportation carried by the driver of the vehicle. The off icers
shall not have the right to plea bargain.
G. The enforcement officers are authorized to serve all
warrants, writs, and notices issued by the Corporation Commission
relating to the enforcement of th e provisions of Sections 161
through 180m of this ti tle or the Motor Carrier Act of 1 995 and the
rules, regulations, and requirements prescribed b y the Corporation
Commission promulgated pursuant to Sections 161 through 180m of this
title or the Motor Carr ier Act of 1995.
H. The enforcement officers shall not have the power or right
of search, nor shall they have the right of power of seizure, exce pt
as provided in Sections 161 through 180m of this title or the Motor
Carrier Act of 1995. The enforcement o fficers are authorized to
hold and detain any motor vehicle operating upon the highwa ys of
this state, if, the enforcement officer has reason to b elieve that
the vehicle is being operated contrary to the provisions of Sections
Req. No. 8907 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
161 through 180m of this titl e or the Motor Carrier Act of 1995, or
the rules, regulations, and requirements of th e Corporation
Commission promulgated pursuant to Sections 161 through 180m of this
title or the Motor Carrier Act of 1995.
I. E. No state official, other than members of the Corporation
Commission Department of Public Safe ty, shall have any power, right ,
or authority to command, order, or direct any enforcement Port of
Entry officer to perform any duty or service authorized by Sections
161 161A through 180m of this title , Title 49 of the Code of Federal
Regulations, or the Motor Carrier Act of 1995.
J. Each of the enforcement officers shall, before entering upon
the discharge of their duties, take and subscribe to the usual oath
of office and shall execute to the State of Oklahoma a bond in the
sum of Twenty-five Thousand Dollars ($25,000.00) each, with
sufficient surety for the faithful performance of their duty. The
bond shall be approved and filed as provided by law.
K. F. No enforcement Port of Entry officer or employee of the
Oklahoma Corporation Commission Department of Public Safety shall
have the right to plea bargain in motor carrier or motor
transportation matters except the chief legal counsel division of
the Commission or an assign of the legal staff of the chi ef legal
counsel Department.
SECTION 17. AMENDATORY 47 O.S. 2021, Section 177.2, is
amended to read as follows:
Req. No. 8907 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
Section 177.2 A. No motor carrier shall engage in the business
of transporting any salt water, mineral brines, waste oil and other
deleterious substances produced from o r obtained or used in
connection with the drilling, development, producing and operating
of oil and gas wells and brine wells, for any valuable consideration
whatever, or in any quantity over twenty (20) gallons, without a
license authorizing such operatio n and a deleterious substance
transport permit to be issued by the Commission Department of Public
Safety. Provided, transportation of such substances by private
carrier of property by motor vehicle shal l require a deleterious
substance transport permit.
B. No carrier shall transport de leterious substances under a
carrier license permit issued by the Commission Department until
such time as the carrier has been issued a deleterious substance
transport permit.
C. No deleterious substance transport permit shall be issued to
a motor carrier or private carrier until the carrier has furnished
written proof of access to a Class II disposal well or wells. Said
The written proof of access shall be provided by t he owner of such
disposal well. Such disposal well must first be approved by the
Corporation Commission Department as adequate to meet the need f or
proper disposal of all substances which the applicant may reasonably
be expected to transport as a motor ca rrier or private carrier.
Provided that nothing in this section shall be construed a s
Req. No. 8907 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
prohibiting the disposition of such deleterious substances in a
disposal well that is owned by a person other than the transporter.
D. The Commission Department shall maintain a current list of
such permits. The Commission Department shall charge such annual
deleterious substance transport permitting fees as wil l cover the
cost of issuing such licenses permit and an annual fee of Two
Hundred Fifty Dollars ($250.00) for each such deleterious substance
transport license permit. Proceeds from the fees sha ll be deposited
by the Commission Department in the State Treasury to the credit of
the Corporation Commission Department of Public Safety Revolving
Fund. The provisions of this section are supplemental and are in
addition to the laws applicable to motor carriers.
SECTION 18. AMENDATORY 47 O.S. 2021, Section 177.3, is
amended to read as follows:
Section 177.3 A. It shall be unlawful for a motor c arrier,
whether private, common , or contract, to dump, disperse, or
otherwise release substances described in Section 177.2 of this
title upon a public highway or elsewhere except on property or in
wells, reservoirs, or other receptacles owned, held, lease d, or
otherwise rightfully and legally available to the motor carrier for
such use and purpose.
B. It shall be unlawful for any motor truck or ta nk vehicle
used to transport substances described in Section 177.2 of this
Req. No. 8907 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
title to have a release device loca ted or operated in any manner
from within the cab of such a motor vehicle.
C. Any violation of the provisions of subsections subsection A
or B of this section shall constitute a misdemeanor. It shall be
the duty of the prosecuting attorney of the county in which a
violation of the provisions of this secti on occurs to file and
prosecute the aforementioned misdemeanor charge and advise the
Commission Department of such action and the results thereof.
D. The Oklahoma Corporation Commission Department of Public
Safety may initiate contempt proceedings for any violation
concerning disposal by a carrier of a substance described in Section
177.2 of this title. The first violation proven by the Commission
Department in any calendar year shall result in a motor c arrier or
private carrier being warned by the Commission Department and, upon
conviction, fined up to Two Thousand Five Hundred Dollars
($2,500.00). A second violation proven by the Commission Department
in any calendar year shall result in a motor carrie r or private
carrier being placed on probation and f ined up to Five Thousand
Dollars ($5,000.00) by the Commission Department. A third violation
proven by the Commission Department in any calendar year shall
result in a fine of up to Twenty Thousand Dolla rs ($20,000.00), and,
at the discretion of the Commission Department, cancellation of the
carrier's license for a period up to one (1) year and ca ncellation
of a motor carrier or private carrier deleterious substance
Req. No. 8907 Page 37 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
transport permit. The driver of a truc k, who is not the owner of
the vehicle used in viola tion of this section or any of th e rules
and regulations of the Oklahoma Corporation Commissio n Department of
Public Safety, shall be adjudicated a codefendant and subject to a
fine equal to ten percent ( 10%) of the fine assessed to the owner of
such vehicle, up to Five Hundred Dollars ($ 500.00).
SECTION 19. AMENDATORY 47 O.S. 2021, Section 180, is
amended to read as follows:
Section 180. The following words and phrases, when used in this
act Section 180 et seq. of this title , shall have the meanings
respectively ascribed to like words and phrases by the motor carrier
statutes of Oklahoma, except as herein provided:
1. The term "identification application " shall mean the
application as provided by the Commission Department of Public
Safety, for making application for motor carrier veh icle
identification devices; and
2. The term "identification device " shall mean the motor
carrier vehicle identification device issued by the Commission
Department under the provisions of this act Section 180 et seq. of
this title for the purpose of ident ifying powered motor carrier
vehicles operated under and coming within the provisions of this act
Section 180 et seq. of this title or the Motor Carrier Act of 1995.
SECTION 20. AMENDATORY 47 O.S. 2021, Section 180a, is
amended to read as follows:
Req. No. 8907 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
Section 180a. It is he reby declared unlawful for any motor
carrier, his or her or its agents or employees to operate any
powered motor vehicle, as a motor c arrier for hire, within this
state, without the identification devic e issued by the Commission
Department of Public Safety, said the device to be displayed as
provided by the rules of the Commission Department.
SECTION 21. AMENDATORY 47 O.S. 2021, Section 180b, is
amended to read as follows:
Section 180b. The identification device shall be the property
of the Commission Department of Public Safety at all times, and
shall be subject to seizure and confiscation by the Commission
Department for any good cause and at the will of the Commission
Department.
SECTION 22. AMENDATORY 47 O.S. 2021, Section 180c, is
amended to read as follows:
Section 180c. The Commission Department of Public Safety may
issue an order for the seizure a nd confiscation and return to the
Commission Department of any identification device or devices, for
any of the following reasons, and to direct said the order or orders
to any officer of the State of Oklahoma this state charged with the
duties of enforcing the provisions of this act Section 180 et seq.
of this title and/or any other section of the motor carrier law now
in force or hereinafter enacted:
Req. No. 8907 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
1. In all cases where the motor carrier has permitted the
insurance coverage, as required by law to be fi led with the
Commission Department, to lapse or become cancelled or for any
reason to become void and fail to meet the requirements as provided
by law;
2. For failure on the part of any motor carrier, his or its
agents or employees to comply with any part or provision of this
act, or any other act or law or part or provision thereof relative
to the legal operation of a for-hire motor carrier or to obey,
observe or comply with any order, decision, rule or regulation,
direction, demand or requirement, or any part or provision thereof,
of the Commission Department;
3. Upon the cancellation or revocation of the certificate or
permit or IRC or license under which said the identification device
or devices were issued; or
4. For operating any powered motor vehic le in violation of the
terms and provisions of this act Section 180 et seq. of this title
or the Motor Carrier Act of 1995 and all applicable size and weight
laws and safety standards of this state.
SECTION 23. AMENDATORY 47 O.S. 2021, Section 180d, is
amended to read as follows:
Section 180d. The Commission Department of Public Safety shall
have the power and authority by general order or otherwise to
promulgate rules and regulations for the administration and
Req. No. 8907 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
enforcement of the p rovisions of this act Section 180 et seq. of
this title or the Motor Carrier Act of 1995.
SECTION 24. AMENDATORY 47 O.S. 2021, Section 180e, is
amended to read as follows:
Section 180e. The Commission Department of Public Safety , in
its discretion, is authorized to provide for dec als, cab cards, or
other suitable methods of identification to be displayed on or
carried in the truck or powered motor vehicle.
SECTION 25. AMENDATORY 47 O.S. 2021, Section 180f, is
amended to read as follows:
Section 180f. The Commission Department of Public Safety is
hereby authorized to purchase said the identification devices in
sufficient amounts to supply the demand, and to purchase such other
officer supplies and equipment as is necessary to administer and
enforce the provisions of this act Section 180 et seq. of this title
or the Motor Carrier Act of 1995, and to pay for, or cause the same
to be paid for, out of the appropriation provided therefor.
SECTION 26. AMENDATORY 47 O.S. 2021, Section 180g, is
amended to read as follows:
Section 180g. It shall be the duty of the Commission Department
of Public Safety to provide identification devices upon written
application of any authorized motor carrier.
Upon written application of any authorized motor ca rrier holding
a certificate or permit or license issued by the Commission
Req. No. 8907 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
Department, the Commission Department shall issue to the motor
carrier a sufficient number of identification devices so that each
powered vehicle owned or to be operated by the motor carrier in the
state shall bear one identification device. Identification devices
shall be issued on an annual basis, and applications shall be made
annually on the form prescribed by the Commission Department, and
any motor carrier operating a powered v ehicle without a current
identification device shall be in violation of the provisions of
Sections 180 through 180m of this title or the Motor Carrier Act of
1995.
It is hereby declared unlawful for any mo tor carrier, or agents
or employees of any motor ca rrier, to use or transfer an
identification device except as provided by rules of the Commission
Department.
SECTION 27. AMENDATORY 47 O.S. 2021, Section 180h, is
amended to read as follows:
Section 180h. The Corporation Commissio n Department of Public
Safety is hereby authorized to collect from applicants for motor
carrier and private carrier identification devices a fee of Seven
Dollars ($7.00) for registration of each of its veh icles registered
under the provisions of this act Section 180 et seq. of this title
or the Motor Carrier Act of 1995; and the fee shall be in addition
to any other fees now provided for by law for the registration of
Req. No. 8907 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
said the motor vehicles and shall be de posited in the State Treasury
to the credit of the Trucking One-Stop Shop Fund.
SECTION 28. AMENDATORY 47 O.S. 2021, Section 180k, is
amended to read as follows:
Section 180k. All records of the Corporation Commission
Department of Public Safety under this act Section 180 et seq. of
this title shall be maintained in, and classified as all other
records in the Transportation Division of the Corporation Commission
Department of Public Safety .
SECTION 29. AMENDATORY 47 O.S. 2021, Section 180l, is
amended to read as follows:
Section 180l. The Commission Department of Public Safety is
hereby authorized and empowered, on behalf of the State of Oklahoma,
and when it shall deem it to be in the best interest of the
residents of this state so to do, to enter into rec iprocal compacts
and agreements with other states, or the authorized agencies
thereof, when such states have made provisions substantially similar
to this section, respecting the regulation of motor vehicl es engaged
in interstate or foreign commerce upon a nd over the public highways.
And such compacts and agreements may provide for the granting, to
the residents of such states, privileges substantially similar to
those granted thereby to Oklahoma residents : Provided: (1) That no
such compact or agreement s hall supersede or suspend the operation
of any law, rule or regulation of the State of Oklahoma this state
Req. No. 8907 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
which shall apply to vehicles operated intrastate in the State of
Oklahoma this state; (2) That any privileges, the granting of which
shall be provided by any such compact or agreement, shall extend
only in cases of full compliance with the laws of the state joining
in such compact or agreement; (3) That no such compact or agreement
shall supersede or suspend the operation of any law of the State of
Oklahoma this state other than those applying to the payment of fees
for registration certificates or identification devices; and (4)
That the powers and authority of the Oklahoma Tax Commission to
administer and enforce the tax laws of this state, pertainin g to the
taxation of motor vehicles, shall be in no manner superseded or
suspended.
SECTION 30. AMENDATORY 47 O.S. 2021, Section 180m, is
amended to read as follows:
Section 180m. In addition to all other duties as provided by
law, it is hereby declared to be, and shall be the duty of all
sheriffs, deputy sheriffs, district attorneys, enforcement Port of
Entry commissioned officers appointed by the Corporation Commission
of the State of Oklahoma, Department of Public Safety and all
highway patrolmen within the State of Oklahoma this state:
1. To enforce the provisions of Sections 180 through 180m of
this title or the Motor Carrier Act of 1995;
2. To apprehend and detain any motor vehicle or vehicles and
driver or operator and thei r aides who are operating any motor
Req. No. 8907 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
vehicle, upon or along the highways of this state, for a reasonable
length of time, for the purpose of investigating and determining
whether such vehicle is being operat ed in violation of any of the
provisions of Section s 180 through 180m of this title or the Motor
Carrier Act of 1995;
3. To make arrests for the violation of the provisions of
Sections 180 through 180m of this title or the Motor Carrier Act of
1995, without the necessity of procuring a warrant;
4. To sign the necessary complaint and to cause the violator or
violators to be promptly arraigned before a court of competent
jurisdiction for trial;
5. To aid and assist in the prosecution of the violator or
violators in the name of the State of Oklahoma to the end that this
law shall be enforced;
6. To report all such arrests for violations of Sections 180
through 180m of this title to the Corporation Commission of Oklahoma
Department of Public Safety within ten (10) days after making such
arrest and to furnish such information concerning same as the
Commission Department may request; and
7. At the request of the Corporation Commission Department of
Public Safety, to seize and confiscate any and all identificat ion
devices and to forward the same to the Corporation Commission
Department of Public Safety for cancellation.
Req. No. 8907 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
SECTION 31. AMENDATORY 47 O.S. 2021, Section 230.22, is
amended to read as follows:
Section 230.22 A. It is hereby declared that it is necessary
in the public interest to regulate transportation by motor carriers
and private carriers in such manner as to recognize the need to
require all motor carriers and private carriers to have adequate
insurance; for motor carriers a nd private carriers to provide
service in a safe an d efficient manner; and to establish that the
operations of motor carriers and private carriers will not have a
detrimental impact on the environment.
B. The public policy of this state, as declared by th e
Legislature, requires that all existing intrastat e certificates and
permits granted by the Oklahoma Corporation Commission, except
household goods and used emigrant movables, prior to January 1,
1995, are hereby revoked.
C. The provisions of the Motor C arrier Act of 1995, except as
hereinafter specifica lly limited, shall apply to the transportation
of passengers or property by motor carriers and private carriers,
except motor carriers of household goods and used emigrant movables,
over public highways of this state; and the regulations of such
transportation, and the procurement thereof and the provisions of
facilities therefor, are hereby vested in the Oklahoma Corporation
Commission Department of Public Safety .
Req. No. 8907 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
D. Nothing herein shall be construed to i nterfere with the
exercise by agencies of the gover nment of the United States of its
power of regulation of interstate commerce.
E. The terms and provisions of the Motor Carrier Act of 1995
shall apply to commerce with foreign nations, or commerce among t he
several states of this Union, insofar as such ap plication may be
permitted under the provisions of the Constitution of the United
States and the Acts of Congress.
SECTION 32. AMENDATORY 47 O.S. 2021, Section 230.23, is
amended to read as follows:
Section 230.23 As used in the M otor Carrier Act of 1995:
1. "Person" means any individual, firm, copartnership, limited
partnership, corporation, limited liability corporation, company,
association, or joint-stock association and inclu des any trustee,
receiver, assignee, or personal representative thereof;
2. "Commission" "Department" means the Oklahoma Corporation
Commission Department of Public Safety ;
3. "License" means the license issued under authority of the
laws of the State of Oklahoma this state to motor carriers and
private carriers;
4. "Interstate Registration Certificate" (IRC) means a document
issued by the Commission Department granting permission to operate
upon the highways of the State of Oklahoma this state in interstate
commerce exempt from federal motor carrier reg ulation;
Req. No. 8907 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
5. "Motor vehicle" means any automobile, truck, truck-tractor,
trailer or semitrailer or any motor bus or any self -propelled
vehicle not operated or driven upon fixed rails or tracks;
6. "Motor carrier of persons or property" means any person,
except a carrier of household goods or used emigrant movables,
operating upon any public highway for the transportation of
passengers or property for compensation or for hire or for
commercial purposes, and not operating exclusively within the limits
of an incorporated city or town within this state. Provided, the
provisions of the Motor Carrier Act of 1995 shall not apply to the
following vehicles and equipment when such vehicles and equipment
are being used for the following:
a. taxicabs and bus companies engaged in the
transportation of passengers and their baggage, not
operated between two or more cities and towns, when
duly licensed by a municipal corporation in which they
might be doing business,
b. any person or governmental authority furnishing
transportation for school children to and from public
schools or to and from public -school-related
extracurricular activities under contract with, and
sponsored by, a public school board; provided, that
motor vehicles and equipment operated for the purposes
shall qualify in all respects for the transportation
Req. No. 8907 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
of school children under the Oklahoma School Code and
the rules of the State Board of Education adopted
pursuant thereto.,
c. transport trucks transporting liquefied petroleum
gases intrastate which are own ed or operated by a
person subject to and licensed by the Oklahoma
Liquefied Petroleum Gas Regulation Act, and
d. transportation of livestock and farm products in the
raw state, when any of such commoditie s move from farm
to market or from market to farm o n a vehicle or on
vehicles owned and operated by a bona fide farmer not
engaged in motor vehicle transportation on a
commercial scale;
7. "Corporate family" means a group of corporations consisting
of a parent corporation and all subsidiaries in which the parent
corporation owns directly or indirectly one hundred percent (100%)
interest;
8. "Intercorporate hauling " means the transportation of
property, by motor vehicle, for compensation, by a carrier whic h is
a member of a corporate family, as defined in the Motor Carrier Act
of 1995, when the transportation for compensation is provided for
other members of the corporate family;
9. "Private carrier" means any person engaged in transportation
upon public highways, of persons or property, or both, but not a s a
Req. No. 8907 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
motor carrier, and includes any person who transports property by
motor vehicle where such transportation is incidental to or in
furtherance of any commercial enterprise of such person, other than
transportation;
10. "Market" means the point at which livestock and farm
products in the raw state were first delivered by the producer of
the livestock and farm products in the raw state, upon the sale
thereof;
11. "Public highway" means every public street , road or
highway, or thoroughfare in this state, u sed by the public, whether
actually dedicated to the public and accepted by the proper
authorities or otherwise; and
12. "Commercial enterprise " means all undertakings entered into
for private gain or com pensation, including all industrial pursuits,
whether the undertakings involve the handling of or dealing in
commodities for sale or otherwise.
SECTION 33. AMENDATORY 47 O.S. 2021, Section 230.24, is
amended to read as follows:
Section 230.24 A. The Corporation Commission Department of
Public Safety is hereby vested with power and authority, and it
shall be its duty:
1. To supervise and regulate every motor carrier whether
operating between fixed termini or over a regular route or otherwise
and not operating exclusively within th e limits of an incorporated
Req. No. 8907 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
city or town in this state and all private carriers operating
vehicles having a gross registered weight of greater than 26,000
pounds and not operating exclusively within the li mits of an
incorporated city or town in this state;
2. To protect the shipping and general public by supervising
and requiring insurance of all motor carriers and private carriers;
3. To ensure motor carriers and private carriers are complying
with the applicable size and weight laws of this state and sa fety
requirements;
4. To establish there will be no detrimental environmental
impact; and
5. To supervise and regulate motor carriers in all other
matters affecting the relationship between such carriers and the
traveling and shipping public provided tho se matters do not exceed
federal standards as they apply to this state.
B. The Commission Department shall have the power and authority
by general order or otherwise to prescribe rules applicable to any
or all motor carriers and private carriers as applic able.
C. The Commission shall cooperate and coordinate with the
Oklahoma Department of Public Safety in regulating carrier safety,
size and weight regulations of motor vehicles and the transportation
of hazardous materials. The Commission may enter into interagency
agreements with the Department of Public Safety for the purpose of
implementing, administering and enforcing any provisions of the
Req. No. 8907 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
Oklahoma Motor Carrier Safety and Hazardous Materials Transpor tation
Act and the rules and regulations of the Dep artment of Public Safety
issued pursuant thereto. Any license issued by the Commission
Department may be suspended or revoked due to operations conducted
in violation of any laws or rules and regulations pertaining to
motor carriers, private carriers, car rier safety, size and weight
regulations of motor vehicles and the transportation of hazardous
materials.
SECTION 34. AMENDATORY 47 O.S. 2021, Section 230.25, is
amended to read as follows:
Section 230.25 A. Every motor carrier, subject to the Motor
Carrier Act of 1995, receiving property for transportation in
intrastate commerce shall issue a receipt or bill of lading
therefor, the form of which shall be prescribed by the Commission
Department of Public Safety.
B. Any person, motor carrier, or shipper who shall willfully
violate any provisions of the Motor Carrier Act of 1995 by any means
shall be deemed guilty of a misdemeanor and upon conviction thereof
be fined as provided by law.
SECTION 35. AMENDATORY 47 O.S. 2021, Section 230.26, is
amended to read as follows:
Section 230.26 When the Commission Department of Public Safety ,
upon complaint, has reason to believe that any person, motor
carrier, or shipper is violating or has willfully violated any
Req. No. 8907 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
provision of the Motor Carrier Act of 1995, the Commission
Department shall, upon its own initiative, file a contempt
proceeding and set a date for the proceeding to be heard before the
Commission Department, and, upon conviction, the Commission
Department shall invoke such contempt penalties as provided herein.
SECTION 36. AMENDATORY 47 O.S. 2021, Section 230.27, is
amended to read as follows:
Section 230.27 A. Upon the filing by an i ntrastate motor
carrier or private carrier of an a pplication for a license, the
applicant shall pay to the Corporation Commission Department of
Public Safety a filing fee in the sum of One Hundred Dollars
($100.00) with an original or subapplication. Any valid license
issued will remain in force, unless otherwise revoked by the
Commission Department in accordance with the provisions of the Motor
Carrier Act of 1995, for one (1) year from date of issuance.
B. Every motor carrier or private carrier wishing to continue
operations under the original license , shall pay to the Corporation
Commission Department of Public Safety an annual renewal fee of
Fifty Dollars ($50.00). An intrastate license may be renewed for up
to three (3) years.
C. The Commission Department shall, upon the receipt of any
fee, deposit the same in the State Treasury to the credit of the
Trucking One-Stop Shop Fund.
Req. No. 8907 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
SECTION 37. AMENDATORY 47 O.S. 2021, Section 230.28, is
amended to read as follows:
Section 230.28 A. It shall be unlawful for any motor carrier
to operate or furnish service within this state without first having
obtained from the Commission Department a license declaring that all
insurance requirements have been met and that the carrier will
operate within all existing rules and state laws pertaini ng to
safety standards, size and weight requirements and, when applicable,
lawful handling and disposal of hazardous materials and deleterious
substances, and will operate in such a manner as to ensure ther e
will be no detrimental environmental impact. It shall also be
unlawful for any private carrier to operate or furnish service
within this state without first having obtained from the Corporation
Commission Department of Public Safety a license declaring that all
insurance requirements have been met and that the carrier will
operate within all existing rules and state laws pertaining to
safety standards, size and weight requirements and, when applicable,
lawful handling and disposal of hazardous materials and deleterious
substances, and will operate in su ch a manner as to ensure there
will be no detrimental environmental impact. The Commission
Department shall have power, and it shall be its duty, to issue the
license or set the application for hearing wit hin thirty (30) days
of the Commission Department determining that the application is
complete. Any such hearing shall be scheduled to occur on a date
Req. No. 8907 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
within an additional forty -five (45) business days of such
determination. The mere filing of an applica tion does not authorize
any person to operate as a carrier.
B. In granting applications for licenses, the Commission
Department shall take into consideration the reliability of the
applicant; the proper equipment meeting minimum safety criteria as
adequate to perform the service; and the applicant 's sense of
responsibility toward the public and the environment.
C. The Commission Department may, at any time after a public
hearing and for good cause, suspend or revoke any license.
Provided, the record owne r of the license shall be entitled to have
ten (10) days' ten-days written notice by certified mail from the
Commission Department of any hearing affecting the license, except
as otherwise provided in the Motor Carrier Act of 1995. The right
of appeal from such order or orders shall be given as in other cases
appealed from orders of the Commission Department.
D. The Commission Department shall be authorized to exercise
any additional power that may from time to time be conferred upon
the state by any Act of Congress. The Commission Department shall
adopt rules prescribing the manner and form in which motor carriers
and private carriers shall apply for licenses required by the Motor
Carrier Act of 1995. Among other rules adopted, the application
shall be in writing and shall set forth the following facts :
Req. No. 8907 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
1. The name and address of the applicant and the names and
addresses of its officers, if any;
2. Full information concerning the physical properties of the
applicant; and
3. Such other information as t he Commission Department may
consider pertinent to the application.
SECTION 38. AMENDATORY 47 O.S. 2021, Section 230.29, is
amended to read as follows:
Section 230.29 A. As used in this section:
1. "Authorized carrier" means a person or persons authorized to
engage in the transportation of passengers or property as a licensed
motor carrier;
2. "Equipment" means a motor vehicle, straight truck, tractor,
semitrailer, full trailer, any combination of these and any other
type of equipment used by authorized carriers in the transpor tation
of passengers or property for hire;
3. "Owner" means a person to whom title to equipment has been
issued, or who, without title, has the right to exclusive use of
equipment for a period longer than thirty (30) days;
4. "Lease" means a contract or arrangement in which the owner
grants the use of equipment, with or without driver, for a specified
period to an authorized carrier for use in the regulated
transportation of passengers or property, in exch ange for
compensation;
Req. No. 8907 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
5. "Lessor", in a lease, means the party granting the use of
equipment, with or without driver, to another;
6. "Lessee", in a lease, means the party acquiring the use of
equipment, with or without driver, from another;
7. "Addendum" means a supplement to an existing lease which i s
not effective until signed by the lessor and lessee; and
8. "Shipper" means a person who sends or receives passengers or
property which is transported in intrastate commerce in this state.
B. An authorized carrier may perform authorized transportation
in equipment it does not own only under the following conditions:
1. There shall be a written lease granting the use of the
equipment and meeting the requirements as set forth in subsection C
of this section;
2. The authorized carrier acquiring the use o f equipment under
this section shall identify the equipment in accordance with the
requirements of the Commission Department of Public Safety ; and
3. Upon termination of the lease, the authorized carrier s hall
remove all identification showing it as the o perating carrier before
giving up possession of the equipment.
C. The written lease required pursuant to subsection B of this
section shall contain the following provisions. The required lease
provisions shall be adhered to and performed by the authorize d
carrier as follows:
Req. No. 8907 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
1. The lease shall be made between the authorized carrier and
the owner of the equipment. The lease shall be signed by these
parties or by their authorized representatives;
2. The lease shall specify the time and date or the
circumstances on which the lease begins and ends and include a
description of the equipment which shall be identified by vehicle
serial number, make, year model and current license plate number;
3. The period for which the lease applies shall be for thirty
(30) days or more when the equipment is to be operated for the
authorized carrier by the owner or an employee of the owner;
4. The lease shall provide that the authorized carrier lessee
shall have exclusive po ssession, control and use of the equipment
for the duration of the lease. The lease shall further provide that
the authorized carrier lessee shall assume complete responsibility
for the operation of the equipment for the duration of the lease;
5. The amount to be paid by the authorized carrier for
equipment and driver's services shall be clearly stated on the face
of the lease or in an addendum which is attached to the lease;
6. The lease shall clearly specify the responsibility of each
party with respect to the cost of fuel, fuel taxes, empty mileage,
permits of all types, tolls, detention and accessorial services,
base plates and licenses , and any unused portions of such items.
Except when the violation results from the acts or omissions of the
lessor, the authorized carrier lessee shall assume the ri sks and
Req. No. 8907 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
costs of fines for overweight and oversize trailers when the
trailers are preloaded, sealed, or the load is containerized, or
when the trailer or lading is otherwise outside of the lessor 's
control, and for improperly permitted overdimension and ov erweight
loads and shall reimburse the lessor for any fines paid by the
lessor. If the authorized carrier is authorized to receive a refund
or a credit for base plates purchased by the lessor from, and iss ued
in the name of, the authorized carrier, or if the base plates are
authorized to be sold by the authorized carrier to another lessor
the authorized carrier shall refund to the initial lessor on whose
behalf the base plate was first obtained a prorated s hare of the
amount received;
7. The lease shall s pecify that payment to the lessor shall be
made by the authorized carrier within fifteen (15) days after
submission of the necessary delivery documents and other paperwork
concerning a trip in the service o f the authorized carrier. The
paperwork required before the lessor can receive payment is limited
to those documents necessary for the authorized carrier to secure
payment from the shipper. The authorized carrier may require the
submission of additional documents by the lessor but not as a
prerequisite to payment;
8. The lease shall clearly specify the right of the lessor,
regardless of method of compensation, to examine copies of the
documentation of the carrier upon which charges are assessed;
Req. No. 8907 Page 59 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
9. The lease shall clearly specify all items that may be
initially paid for by the authorized carrier, but ultimately
deducted from the compensation of the lessor at the time of payment
or settlement together with a recitation as to how the amount of
each item is to be computed. The lessor shall be afforded cop ies of
those documents which are necessary to determine the validity of the
charge;
10. The lease shall specify that the lessor is not required to
purchase or rent any products, equipment , or services from the
authorized carrier as a condition of entering into the lease
arrangement;
11. As it relates to insurance:
a. the lease shall clearly specify the legal obligation
of the authorized carrier to maintain insurance
coverage for the protection of the publi c, and
b. the lease shall clearly specify the cond itions under
which deductions for cargo or property damage may be
made from the lessor 's settlements. The lease shall
further specify that the authorized carrier must
provide the lessor with a written expl anation and
itemization of any deductions for carg o or property
damage made from any compensation of money owed to the
lessor. The written explanation and itemization must
Req. No. 8907 Page 60 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 delivered to the lessor before any deductions are
made; and
12. An original and two copies of each lease shall be signed by
the parties. The authorized carrier shall keep the original and
shall place a copy of the lease in the equipment during the period
of the lease. The owner of the equipment shall keep the other copy
of the lease.
D. The provisions of this section shall apply to the leasing of
equipment with which to perform transportation regulated by the
Corporation Commission Department of Public Safety by motor carriers
holding a license from the Commission Department to transport
passengers or property.
SECTION 39. AMENDATORY 47 O.S. 2021, Section 230.30, is
amended to read as follows:
Section 230.30 A. No license shall be issued by the Commission
Department of Public Safety to any carrier until af ter the carrier
shall have filed with the Commission Department a liability
insurance policy or bond covering public liability and property
damage, issued by some insurance or bonding company or insurance
carrier authorized pursuant to this section and whi ch has complied
with all of the requirements of th e Commission Department, which
bond or policy shall be approved by the Commission Department, and
shall be in a sum and amount as fixed by a proper order of the
Commission Department; and the liability and property damage
Req. No. 8907 Page 61 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
insurance policy or bond shall bin d the obligor thereunder to make
compensation for injuries to, or death of, persons, and loss or
damage to property, resulting from the operation of any carrier for
which the carrier is legally liable. A c opy of the policy or bond
shall be filed with the Commission Department, and, after judgment
against the carrier for any damage, the injured party may maintain
an action upon the policy or bond to recover the same, and shall be
a proper party to maintain s uch action.
B. Every motor carrier shall file wit h the Commission
Department a cargo insurance policy or bond covering any goods or
property being transported, issued by some insurance or bonding
company or insurance carrier authorized as set forth below, and
which has complied with all of the requiremen ts of the Commission
Department, which bond or policy shall be approved by the Commission
Department, and shall be in a sum and amount as fixed by a proper
order of the Commission Department. The cargo insurance must be
filed with the Commission Department prior to a license being issued
by the Commission Department, unless the motor carrier has been
exempted from this requirement.
Intrastate motor carriers of sand, rock, gravel, asphaltic
mixtures or other similar road building materials shall not be
required to file cargo insurance and shall be required to maintain
liability insurance limits of Three Hundred Fifty Thousand Dollars
($350,000.00) combined single limit.
Req. No. 8907 Page 62 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
No carrier, whose principal place of bu siness is in Oklahoma,
shall conduct any operation s in this state unless the operations are
covered by a valid primary bond or insurance policy issued by a
provider authorized or approved by the State Insurance Commissioner.
No carrier shall conduct any o perations in this state unless the
operations are covered by a valid bond or insurance policy issued by
a provider authorized and approved by a National Association of
Insurance Commissioners and certified by the State Insurance
Commission Commissioner.
C. Each carrier shall maintain on file, in full for ce, all
insurance required by the laws of this state and the rules of the
Commission Department during the operation of the carrier and that
the failure for any cause to maintain the coverage in full force and
effect shall immediately, without any notice f rom the Commission
Department, suspend the rights of the carrier to operate until
proper insurance is provided. Any carrier suspended for failure to
maintain proper insurance shall have a reasonable time, not
exceeding sixty (60) days, to have its license reactivated, and to
provide proper insurance upon showing:
1. No operation during the period in which it did not have
insurance; and
2. Furnishing of proper insurance coverage.
D. Any carrier who fails to reactivate its license within sixty
(60) days after the suspension, as above provided, shall have the
Req. No. 8907 Page 63 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
license canceled, by operation of law, without any notice from the
Commission Department. No license so canceled shall be reinstated
or otherwise made operative except that the Commission Department
may reinstate the license of a carrier upon proper showing that the
carrier was actually covered by proper insurance during the
suspension or cancellation period, and that failure to file with the
Commission Department was not due to the negligence of the c arrier.
Any carrier desiring to file for reinstatement of its license shall
do so within ninety (90) days of its cancellation by law.
E. The Commission Department shall, in its discretion, permit
the filing of certificates of insurance coverage or such f orm as may
be prescribed by the Commission Department, in lieu of copies of
insurance policies or bonds, with the proviso that if the
certificates are authorized the insurance company or carrier so
filing it, upon request of the Commission Department, will, at any
time, furnish an authenticated copy of the policy which the
certificate represents, and further provided that thirty (30) days
prior to effective cancellation or termination of the policy of
insurance for any cause, the insurer shall so notify the Commission
Department in writing of the facts or as deemed necessary by the
Commission Department.
SECTION 40. AMENDATORY 47 O.S. 2021, Section 230.31, is
amended to read as follow s:
Req. No. 8907 Page 64 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 230.31 A. Nothing contained in the Mo tor Carrier Act
of 1995 shall be construed to authorize the operation of any
passenger or freight vehicle in excess of the gross weight, width,
length or height authorized by law.
B. Any person who willful ly advertises to perform
transportation services f or which the person does not hold a license
shall be in violation of the Motor Carrier Act of 1995 and subject
to the penalties prescribed for contempt of the Commission
Department of Public Safety .
C. All licenses issued by the Commission Department under any
law of the state relating to motor carriers or private carriers
shall contain the provision that the Commission Department reserves
to itself authority to suspend or cancel any such license for the
violation, on the part of the applicant or any opera tor or operators
of any motor vehicle to be operated thereunder, of any law of this
state or any rule adopted by the Commission Department.
D. Licenses shall be considered personal to the holder of the
license and shall be issued only to some definite leg al entity
operating motor vehicles as a motor carrier or private carrier, and
shall not be subject to lease, nor shall the holder of the license
sublet or permit the exercise, by another, of the rights or
privileges granted under the license.
SECTION 41. AMENDATORY 47 O.S. 2021, Section 230.32, is
amended to read as follows:
Req. No. 8907 Page 65 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 230.32 The Commission Department of Public Safety shall
have the power and authority by general order or otherwise to
promulgate rules and regulations for the administration and
enforcement of the provisions of the Motor Carrier Act of 1995.
SECTION 42. AMENDATORY 47 O.S. 2021, Section 230.34a, is
amended to read as follows:
Section 230.34a A. Any person, firm, partnership, limit ed
liability company, or corporation owning or possessing a vehicle and
required to register the vehicle under the laws of this state for
the purpose of transporting farm products in a raw state may receive
a harvest permit from the Oklahoma Corporation Co mmission Department
of Public Safety.
B. The harvest permit shall be recognized in lieu of
registration, fuel permit and intrastate operating authority in this
state. The harvest permit shall be issued to the operating motor
carrier.
C. Each permit shal l be valid for a period of thirty (30) or
sixty (60) days. The permit shall identify the time and date of its
issuance and shall additionally reflect its effective and expiration
dates.
D. The following information shall be required of an applicant
for a harvest permit and shall apply to each vehicle to be operated
under the permit:
1. Owner of the vehicle;
Req. No. 8907 Page 66 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. Vehicle registrant;
3. Make, model, year, license plate number, state of
registration and VIN of each vehicle which will be operated under
the permit; and
4. The operating carrier must provide a certificate that each
vehicle is operating under a liability insurance policy valid in
Oklahoma for Three Hundred Fifty Thousand Dollars ($350,000.00) or
more.
E. There shall be a fee of Twenty Dollars ( $20.00) per axle for
a thirty-day permit or Thirty-five Dollars ($35.00) per axle for a
sixty-day permit, for each vehicle registered pursuant to the Motor
Carrier Harvest Permit Act of 2006. Revenue deriv ed from this fee
shall be apportioned as follows:
1. One-half (1/2) of the revenue shall be deposited in the
Weigh Station Improvement Revolving Fund as set forth in Section
1167 of Title 47 of the Oklahoma Statutes this title; and
2. The remaining amoun t shall be deposited in the One-Stop
Trucking Fund as set forth in Section 1167 of Title 47 of the
Oklahoma Statutes this title.
F. A harvest permit may be extended in fifteen -day increments.
The permit holder shall be required to pay the additional pror ated
portion of the tag fee at Eight Dollars and s eventy-five cents
($8.75) per axle per fifteen-day extension.
Req. No. 8907 Page 67 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
G. An application for a harvest permit shall be made to the
Corporation Commission Department of Public Safety . The Corporation
Commission Department of Public Safety shall allow applications to
be submitted by facsimile and electronically or by mail. The
Commission Department must provide reasonable access for persons to
obtain a harvest permit before taking enforcement action.
H. If found to be in violation of the Motor Carrier Harvest
Permit Act of 2006 for failure to obtain or maintain a current
harvest permit, the operating carrier shall post bond in the amount
of the cost of the harvest permit and shall be allowed seventy -two
(72) hours to apply for the permit. If the operating carrier makes
application within seventy-two (72) hours, the bond amount will be
applied toward the harvest permit fee.
I. A harvest permit does not exempt its holder from federal or
state safety regulations nor f rom the state's size and weight laws
or rules.
J. The Corporation Commission Department of Public Safety may
enter into an agreement with any person or corporation located
within or outside of the state for transmission of harvest permits
by way of facsimile or other device electronically or by mail when
the Corporation Commission Department of Public Safety determines
that such agreements are in the best interest of the state.
Req. No. 8907 Page 68 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
K. The Corporation Commission Department of Public Safety may
promulgate rules to administer the provisions of the Motor Carrier
Harvest Permit Act of 2006.
SECTION 43. AMENDATORY 47 O.S. 2021, Section 230.6, is
amended to read as follows:
Section 230.6 A. No person prohibited from operating a
commercial vehicle shall operate such commercial motor vehicle, nor
shall any person authorize or require a person who has been
prohibited from such operation of a motor vehicle to operate a
commercial motor vehicle.
B. No person shall operate, authorize to operate , or require
the operation of any vehicle or the use o f any container when the
person has been placed out -of-service or the vehicle or container
has been marked out-of-service until all requirements of the out -of-
service order of the person have been met or al l required
corrections for the vehicle or containe r have been made; provided,
upon approval of the Depar tment of Public Safety, the vehicle or
container may be moved to another location for the purpose of repair
or correction.
C. No person shall remove an out-of-service marking from a
transport vehicle or container unless all required corrections have
been made and the vehicle or container has been inspected and
approved by an authorized officer, employee , or agent of the
Department. No person shall retur n to duty unless all requirements
Req. No. 8907 Page 69 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
of the out-of-service order have been met and the person has been
approved to return to duty by an authorized officer, employee or
agent of the Department.
D. No employer shall knowingly allow, require, permit or
authorize an employee to operate a commercial motor vehicl e:
1. During any period in which the employee:
a. has had driving privileges to operate a commercial
motor vehicle suspended, revoked, canceled, denied or
disqualified,
b. has had driving privileges to ope rate a commercial
motor vehicle disqualified,
c. is not licensed to operate a commercial motor vehicle;
provided, this subparagraph shall not apply to any
person who is the holder of a valid commercial learner
permit issued by the Department in conjunction with a
Class D driver license,
d. has more than one commercial driver license; provided,
this subparagraph shall not apply to any person who is
the holder of a valid commercial learner permit issued
by the Department in conjunction with a Class A, B or
C driver license,
e. does not have the proper class or endorsements on the
driver license or commercial le arner permit, or
Req. No. 8907 Page 70 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
f. is in violation of any restriction on the driver
license or commercial learner permit;
2. During any period in which the employee, the commercial
motor vehicle which the employee is operating, the motor carrier
business or operation, o r the employer is subject to an out -of-
service order; or
3. In violation:
a. of a federal, state, or local law, regulation , or
ordinance pertaining to railroad-highway grade
crossings, or
b. of any restriction on the driver license or commercial
learner permit of the employee.
E. An employer who is determined by the Commissioner of Public
Safety to have committed a violation of subsection D of this sect ion
shall be subject to an administrative penalty of not less than Two
Thousand Seven Hundred Fifty Doll ars ($2,750.00) nor more than
Twenty-five Thousand Dollars ($25,000.00).
F. A determination by the Commissioner by issuance of a Notice
of Claim that a violation of any provision of this section shall be
a conviction for purposes of paragraph 2 of subsect ion A and
subsection G of Section 6 -205.2 of this title, twenty -five (25) days
after issuance, unless dismissed by order following an
administrative hearing. The conviction shall be reported to CDLIS
in accordance with Section 18-101 of this title.
Req. No. 8907 Page 71 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
G. An employee who is determined by the Commissioner to have
committed a violation of any provision of this section shall be
subject to an administrative pen alty of not less than Two Thousand
Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars
($5,000.00).
H. For any violation of a provision of this section identified
during a Compliance Review/Investigation, the administrative penalty
amount shall be in accordance with federal regulations a nd
determined by utilizing the Uniform Fine Assessment (UFA) software
and any successor software now or hereafter used by the Federal
Motor Carrier Safety Administration.
SECTION 44. AMENDATORY 47 O.S. 2021, Section 230.9, is
amended to read as follows:
Section 230.9 A. The transporta tion of any property in
commerce, including hazardous materials o r the transportation of
passengers for compensation or for hire by bus , that is not in
compliance with the Oklahoma Motor Carrier Safety and Hazardous
Materials Transportation Act or the rule s issued pursuant thereto,
is prohibited.
B. Pursuant to the pro visions of this section and except as
otherwise provided by subsection subsections D and E of this
section, any person who is determined by the Commissioner of Public
Safety to have committed :
Req. No. 8907 Page 72 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. An act which is a violation of a recordkeeping requirement
of this title or of any rule or regulation promulgated thereto or
the Federal Motor Car rier Safety Act of 1984, such person shall be
liable to the State of Oklahoma for an administrative pena lty not to
exceed One Hundred Dollars ($100.00) for each offense ,; provided
that the total of all administrative penalties assessed against any
violator pursuant to this paragraph for all offenses relat ed to any
single violation shall not exceed Five Hundr ed Dollars ($500.00);
2. An act or acts other than recordkeeping requirements, which
evidences a serious pattern of safety violations , as determined by
the Commissioner, such person shall be liable to the State of
Oklahoma for an administrative penalty no t to exceed Two Hundred
Dollars ($200.00) for each offense ,; provided, the maximum fine for
each pattern of safety violations shall not exceed One Thous and
Dollars ($1,000.00). The Commissioner may con sider present and
prior offenses in determining a seri ous pattern of safety
violations; or
3. An act or acts which evi dences to the Commissioner , that a
substantial health or safety violation exists or has occurred which
could reasonably lead to or has re sulted in serious personal injury
or death, such perso n shall be liable to the State of Oklahoma for
an administrative penalty not to exceed One Thousand Dollars
($1,000.00) for each offense.
Req. No. 8907 Page 73 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. Each day of violation as specified in subsection B of this
section shall constitute a separate single violation/of fense.
D. Except for recordkeeping violations, no administrative
penalty shall be assessed pursuant to the provisions of this
section, against an emplo yee of any person subject to the provisions
of the Oklahoma Motor Carrier Safety and Hazardous Materials
Transportation Act for a violation unless the Commissioner
determines that such actions of the employee constituted gross
negligence or reckless disreg ard for safety in which case such
employee shall be liable for an administrative penalty not to exceed
One Thousand Dollars ($1,000.00).
E. For violations identified du ring a Compliance
Review/Investigation, the administrative penalty amount shall be in
accordance with federal regulations and determined by utilizing the
Uniform Fine Assessment (UFA) softwar e and any successor software
now or hereafter used by the Federal Motor Carrier Safety
Administration.
F. In determining the amount of any administrati ve penalty and
the reasonable amount of time for a batement of the violation, the
Commissioner shall incl ude, but not be limited to, consideration of
the nature of the violation, circumstances and of the violation,
extent of the violation, gravity of the violation, and with respect
to the person found to h ave committed the violation, the degree of
culpability, history of prior offenses, effect on ability to
Req. No. 8907 Page 74 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
continue to do business and such other matters as justice and public
safety may require. In each case , the penalty shall be calculated
to induce further compliance.
F. G. The Commissioner or his or her designated representative
shall assess the amount of any administra tive penalty, after notice
and an opportunity for hearing, by written notice to the vio lator
together with notice of findings in the case . An appeal therefrom
may be made to the district cou rt of Oklahoma County pursuant to the
provisions of Sections 318 through 323 of Title 75 of the Oklahoma
Statutes.
G. H. An administrative penalty asse ssed by the Commissioner
may be recovered:
1. In an action brought by the Attorney General on behalf of
the State of Oklahoma. However, before referral to the Attorney
General, the administrative penalty may be compromised by the
Commissioner;
2. By the Commissioner in the appropriate district court of the
State of Oklahoma this state; or
3. By the Commissioner in an administrative hearing conducted
by the Department of Public Safety.
H. I. The Department may deny issuance of documentation needed
for operation of a commercial motor vehicle including , but not
limited to, permits, certificates and contract s, when an entity or
Req. No. 8907 Page 75 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
person has unpaid administrative penalties, fees or charges, until
paid.
J. The Department shall issue an order placing the operating
authority of any intrastate carrier out -of-service on the sixty-
first day after the date of a notice of proposed "unsatisfactory"
safety rating issued by the Department f ollowing a Compliance Review
or Investigation. The out -of-service order or suspension of
operating authority shall remain in place un til the Department
determines that the carrier has r emedied the safety issue as
determined by the Department. The carrier shall also be placed out
of service if it does not allow the Department to conduct a
compliance review/investigation. The Department shall use the
Federal Motor Carrier Safety Administ ration safety rating
methodology.
K. If a motor carrier is found to b e operating any vehicle
while operating authority is suspended, in violation of an out -of-
service order, or with past-due administrative penalties, fees, and
charges owed to the Departme nt, the Department may hold the vehicle
until cleared.
L. The first One Hundred Thousand Dollars ($100,000.00) of the
administrative penalties collected ea ch fiscal year pursuant to the
provisions of the Oklahoma Motor Carrier Safety and Hazardous
Materials Transportation Act shall be deposited in the General
Revenue Fund of the State of Oklahoma. All other monies collected
Req. No. 8907 Page 76 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 excess of One Hundred Thousand Dollars ($100,000.00) each fiscal
year shall be deposited to the credit of the Department of Public
Safety Restricted Revolving Fund for the purpose of administering
the Oklahoma Motor Carrier Safety and Hazardous Materials
Transportation Act.
SECTION 45. AMENDATORY 47 O.S. 2021, Section 1120, is
amended to read as follows:
Section 1120. A. The Corporation Commission Department of
Public Safety may, when in the interest of the State of Oklahoma
this state and its residents, enter into the International
Registration Plan or oth er compacts or agreements with other states
to permit motor vehicle registration and license taxes on any truck,
bus, or truck-tractor on a proportional basis commensurate with the
use of Oklahoma highways. Proportional registration under such
plans may be permitted for vehicles engaged in interstate commerce
or combined interstate and intrastate commerce. Any action taken by
the Oklahoma Tax Corporation Commission with respect to the
International Registrat ion Plan or other such compacts or agreements
prior to July 1, 2004 January 1, 2024, shall remain in effect unless
altered by the Corporation Commission Department of Public Safety
pursuant to its authority to do so after the effective date of this
act July 1, 2004.
B. The Corporation Commission Department of Public Safety shall
require that such proportional registration be based on the
Req. No. 8907 Page 77 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
percentage of miles actually operated by such vehicles or fleets of
vehicles in the State of Oklahoma this state in the reporting period
in proportion to the total flee t miles operated both within and
without Oklahoma. If the registrant did not incur mileage during
the preceding reporting period, the registrant shall pay fees for
its future operations in accordance with th e International
Registration Plan. Such percent age figure, so determined by the
Corporation Commission Department of Public Safety , shall be the
Oklahoma mileage factor. In computing the taxes under the foregoing
formula, the Corporation Commission Department of Public Safety
shall first compute the l icense fees for the entire fleet and then
multiply the amount by the Oklahoma mileage factor on a dollar
basis.
C. Upon receipt of the Oklahoma license and registration tax,
which shall be paid by cash and/o r certified funds, as computed
under the provisions of the Oklahoma Vehicle License and
Registration Act, the Corporation Commission Department of Public
Safety shall register all such fleet vehicles, and shall issue a
license plate, cab card or decal for each of such vehicles
identifying it as part of an interstate fleet. The Corporation
Commission Department of Public Safety may, upon satisfactory review
of the payment history of an applicant, waive the requirement for
payment in cash or certified funds.
Req. No. 8907 Page 78 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. Vehicles so registered on a prorated basis shall be
considered fully licensed in Oklahoma and shall be exempt from all
further registration or license fees under the provisions of the
Oklahoma Vehicle License and Registration Act; provided that such
fleet vehicles are proportionally licensed in som e other state,
territory or possession of the United States or some foreign
province, state or country with which the Corporation Commission
Department of Public Safety has entered into a prorationing compact
or agreement.
If a vehicle is permanently withd rawn from a proportionally
registered fleet and a replacement vehicle is added to the fleet in
the same calendar month, the replacement vehicle shall be considered
fully registered as provided in Section 1133 of this title and
Section 14-109 of this title, if the replacement vehicle is
registered for a weight equal to or less than the vehicle
permanently withdrawn, or if additional registration fees are paid
when the replacement vehicle is registered for a wei ght greater than
the vehicle withdrawn. If a ve hicle is permanently withdrawn from a
proportionally registered fleet and is not replaced by another
vehicle in the same calendar month, credit shall be allowed as
otherwise provided in this section.
E. Vehicles subsequently added to a proportionally regi stered
fleet after commencement of the registration year shall be
proportionally registered by applying the mileage percentage used in
Req. No. 8907 Page 79 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 original application for such fleet for such registration period
to the regular registration fees due with respect to such vehicle
for the remainder of the registration year.
F. If a vehicle is permanently withdrawn from a proportionally
registered fleet because it has been destroyed, sold or otherwise
completely removed f rom service, credit shall be allowed. Such
credit shall be a sum equal to the amount paid with respect to such
vehicle when it was first proportionally registered in the
registration year, reduced by those months elapsing since the
beginning of the regist ration year. The credit may be applied
against subsequent additions to the fleet, with the exception of
vehicles removed from a renewal fleet and later added back to the
same fleet, to be prorated or for other additional registration fees
assessed. In no event shall credit be allowed for fees beyond s uch
registration year, nor shall any such amount be subject to refund.
Provided, further, that vehicles removed from a prorated fleet or
sold to a nonprorated fleet for operation in Oklahoma shall be
registered in Oklahoma for the remaining portion of the year.
G. The records of total mileage operated in all states upon
which the application is made for a period of three (3) years
following the year upon which the application is based shall be
preserved. Upon request of the Corporation Commission Department of
Public Safety, such records shall be made available for audit as to
accuracy of computation and payments. The Corporation Commission
Req. No. 8907 Page 80 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Department of Public Safety may enter into agreements with agencies
of other states administering motor vehicle reg istration laws for
joint audits of any such records.
H. The Corporation Commission Department of Public Safety may
enter into compacts or agreements with other states or other
countries or subdivisions of su ch countries allowing reciprocal
privileges to vehicles based in such other states and operating in
interstate commerce if the vehicles are properly registered therein.
I. Interchanged vehicles properly registered in another state
may be granted reciproca l privileges when engaged in a continuous
movement in interstate commerce, but must register in this state if
used in intrastate commerce.
J. In addition to those taxes or fees imposed by the Oklahoma
Vehicle License and Registration Act, the same or subs tantially the
same type or category of tax or fe e may be imposed upon an out-of-
state resident as is imposed upon residents of Oklahoma for the same
or substantially similar use of a vehicle in such other state in the
amount, or approximate total amount, o f any fee or tax, including
property, motor fuel , excise, sales, use or mileage tax required by
the laws of such other state to be paid by a resident of this state
making the same or similar use of a like vehicle in such state.
The Corporation Commission Department of Public Safety shall
have the authority to promulgate rules which provide procedures for
Req. No. 8907 Page 81 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
implementation of comparable regulatory fees and taxes for vehicles
used in this state by residents of other states.
Any revenue derived from this subsecti on shall be apportioned in
the same manner as pr ovided in Section 1104 of this title.
It is the intention of the Legislature that the motor vehicle
registration and licensing fees assessed against residents of other
states operating similar vehicles in Okl ahoma be comparably the same
as the motor vehicle registration and licensing fees assessed
against residents of Oklahoma operating a similar vehicle for a
similar purpose in such other state; and that the Corporation
Commission Department of Public Safety diligently monitor the motor
vehicle registration and licensing fees assessed against residents
of Oklahoma by other states and to provide for uniform treatment of
Oklahoma residents operating vehicles in other states and for
residents of other states oper ating vehicles in Oklahoma.
SECTION 46. AMENDATORY 47 O.S. 2021, Section 1120.1, is
amended to read as follows:
Section 1120.1 A. The Corporation Commission Department of
Public Safety, when in the interest of the State of Oklahoma this
state and its residents, may enter into the International
Registration Plan or other compacts or agreements with other states
to permit motor vehicle registration and license taxes on any motor
vehicle to be used as a rental motor vehicle as define d in the
International Registration Plan.
Req. No. 8907 Page 82 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. The Tax Commission or Corporation Commission the Department
of Public Safety, as applicable, shall require that each rental
motor vehicle be assessed the following registration fees in lieu of
the fee schedule set forth in Section 1132 of this title:
1. A fee of Fifteen Dollars ($15.00) shall be assessed for the
first year of registration in this or any other state; and
2. A fee of Ten Dollars ($10.00) shall be assessed in the first
year and each subsequent ye ar of registration in this or any other
state.
C. Upon registration and payment of the fees required by this
section, the owner shall receive a license plate which shall be
valid until the vehicle is permanently withdrawn from the rental
fleet of the owner.
SECTION 47. AMENDATORY 47 O.S. 2021, Section 1166, is
amended to read as follows:
Section 1166. A. Effective July 1, 2004 January 1, 2024, all
powers, duties and responsibilities exercised by the Motor Vehicle
Enforcement Section shall be previously transferred from the
Oklahoma Tax Commission to the Corporation Commission shall be
transferred to the Department of Public Safety . Beginning July 1,
2004 2022, and effective July 1, 2005 January 1, 2024, all powers,
duties and responsibilities exercised by the International
Registration Plan Section and the International Fuel Tax Agreement
Section shall be transferred from the Tax Commission to the
Req. No. 8907 Page 83 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Corporation Commission to the Department of Public Safety . All
records, property an d matters pending of the sections shall be
transferred to the Corporation Commission Department of Public
Safety. Funds sufficient to administer the powers, duties and
responsibilities exercised by these sections shall be appropriated
or allocated to the Corporation Commission Department of Public
Safety for fiscal year 2005 years 2024 and 2025 as provided herein.
Such funds appropriated or allocated to the Corporation Commission
Department of Public Safety shall not be subject to budgetary
limitations. The Director of State Finance the Office of Management
and Enterprise Services is hereby authorized to transfer such funds
as may be necessary to effect such allocations.
B. The period of July 1, 2004 2022, through June 30, 2005
December 31, 2023, shall be a transitional period in which the
Corporation Commission Department of Public Safety shall gradually
assume complete administration and management over the powers,
duties, responsibilities and staff currently carrying out the
administration of the Inter national Registration Plan Section and
the International Fuel Tax Agreement Section. During this
transition period, the employees assigned to the International
Registration Plan Section and the International Fuel Tax Agreement
Section shall continue to be employees of the Tax Corporation
Commission unless otherwise agreed to by the Tax Commission
Department of Public Safety and the Corporation Commission.
Req. No. 8907 Page 84 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Effective July 1, 2005 January 1, 2024, the International
Registration Plan Section and the Internati onal Fuel Tax Agreement
Section shall be adminis tered solely by the Corporation Commission
Department of Public Safety. For the period of July 1, 2004 2022,
through June 30, 2005 December 31, 2023, the Corporation Commission
and the Tax Commission shall e nter into a contract whereby funds
shall be paid to the Tax Commission by the Corporation Commission in
exchange for the Tax Commission 's agreement to continue to operate
Department of Public Safety shall develop and implement a reasonable
and expeditious method for expenditure of funds in support of the
International Registration Plan Section and the International Fuel
Tax Agreement Section.
C. The powers, duties and responsibilities exercised by the
Motor Vehicle Enforcement Section of the Tax Commission previously
transferred to the Corporation Commi ssion shall be fully transferred
to the Corporation Commission Department of Public Safety on July 1,
2004 January 1, 2024.
D. All employees of the Tax Corporation Commission whose duties
are transferred under this act shall be transferred to the
Corporation Commission Department of Public Safety at the discretion
of the Commissioner of Public Safety . Personnel transferred
pursuant to the provisions of this section shall not be required to
accept a lesser salary than presently received; provided, the
provisions of this section shall not operate to prohibit the
Req. No. 8907 Page 85 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Corporation Commission or the Tax Commission Department of Public
Safety from imposing furloughs or reductions -in-force with respect
to such personnel as allowed by law gradually reducing personnel
through attrition. Personnel transferred shall be placed within the
classification level in which they meet qualifications without an
entrance exam. All such persons shall retain seniority, leave, sick
and annual time earned and any retirement benefits wh ich have
accrued during their tenure with the Tax Corporation Commission.
The transfer of personnel among the agencies shall be coordinated
with the Office of Personnel Management and Enterprise Services .
E. Effective July 1, 2004 January 1, 2024, any administrative
rules promulgated by the Tax Corporation Commission related to the
administration of the International Registration Plan authorized by
Section 1120 of Title 47 of the Oklahoma Statutes this title, the
International Fuel Tax Agreement authorize d by Section 607 of Title
68 of the Oklahoma Statutes, or the enforcement of Section 1115.1 of
Title 47 of the Oklahoma Statutes this title shall be transferred to
and become a part of the administrative rule s of the Corporation
Commission Department of Public Safety. The Office of
Administrative Rules in the Secretary of State 's office shall
provide adequate notice in the Oklahoma Register of the transfer of
rules, and shall place the transferred rules under the
Administrative Code section of the Corporation Commission Department
of Public Safety. From and after July 1, 2004 January 1, 2024, any
Req. No. 8907 Page 86 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
amendment, repeal or addition to the transferred rules shall be
under the jurisdiction of the Corporation Commissi on Department of
Public Safety. All documents issued by the sections transferred to
the Corporation Commission Department of Public Safety , including,
but not limited to, vehicle registrations and permits, shall be
deemed to have been issued by the Corporation Commission Department
of Public Safety.
F. The Corporation Commission Department of Public Safety may
promulgate rules necessary for the utilization of motor license
agents in the registration of vehicles pursuant to Section 1120 of
Title 47 of the Oklahoma Statutes this title.
G. For the period of July 1, 2022, through December 31, 2023,
the Corporation Commission and the Department of Public Safety shall
cooperate to develop and implement a reasonable and expeditious
method to transfer powers and duties from the Corporation Commission
to the Department of Public Safety including, but not limited to,
the expenditure of funds in support of the International
Registration Plan Section and the International Fuel Tax Agreement
Section. After July 1, 202 2, the Corporation Commission shall not
increase the number of personnel or the salary of personnel
transferred pursuant to the provisions of this section unless
otherwise agreed upon by the Department of Public Safety.
SECTION 48. AMENDATORY 47 O.S. 2021, Section 1167, is
amended to read as follows:
Req. No. 8907 Page 87 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 1167. A. The Corporation Commission Department of
Public Safety is hereby authorized to promulgate rules pursuant to
the Administrative Procedures Act to establish the a mounts of fees,
fines and penalties as set forth in Sect ion 1166 et seq. of this
title. The Corporation Commission Department of Public Safety shall
notify all interested parties of any proposed rules to be
promulgated as provided herein and shall provide such parties an
opportunity to be heard prior to promul gation.
B. The Corporation Commission Department of Public Safety shall
adjudicate enforcement actions initiated by Corporation Commission
Department of Public Safety personnel.
C. Revenue derived f rom all fines and penalties collected or
received by the Corporation Commission Department of Public Safet y
pursuant to the provisions of the Trucking One -Stop Shop Act shall
be apportioned as follows:
1. For the period beginning August 23, 2013, the firs t Three
Hundred Thousand Dollars ($300,000.00) collected or received each
fiscal year shall be remitted to the Department of Public Safety for
the purpose of staffing the port of entry weigh stations to conduct
safety inspections. The next Five Hundred Fifty Thousand Dollars
($550,000.00) shall be remitted to the Oklahoma Tax Commission and
apportioned as provided in Section 1104 of this title ; and
2. The remaining amount shall be deposited to the Trucking One -
Stop Shop Fund created in subsection D of th is section.
Req. No. 8907 Page 88 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. There is hereby created in the State Tre asury a revolving
fund for the Corporation Commissi on Department of Public Safety to
be known and designated as the "Trucking One-Stop Shop Fund". The
Trucking One-Stop Shop Fund shall consist of:
1. All funds apportioned thereto in subsection C of this
section;
2. Fees collected by the Commission Department of Public Safety
to be retained as a motor license agent or other Corporation
Commission Department of Public Safety registration or motor fuel
fees as allowed by statute or rule; and
3. Any other monies to be utilized for the Trucking One-Stop
Shop Act.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall not be subject to legislative appropriation.
Monies in the Trucking One-Stop Shop Fund shall only be expended f or
direct expenses relating to the Trucking One-Stop Shop Act.
Expenditures from the revolving fund shall be made pursuant to the
laws of this state. In addition, expenditures from the revolving
fund may be made pursuant to The Oklahoma Central Purchasin g Act for
the purpose of immediately responding to emergency situations,
within the Commission 's jurisdiction, having potentially critical
environmental or public safety impact. Warrants for expendit ures
from the fund shall be drawn by the State Treasurer against claims
Req. No. 8907 Page 89 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment .
E. There is hereby created in the State Treasury a revolving
fund for the Department of Transportation to be designa ted the
"Weigh Station Improvement Revolving Fund ". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies deposited thereto. All monies accruin g to the
credit of the fund are hereby appropriated and may be budgeted and
expended by the Department for the purpose of constructing,
equipping and maintaining facilities to determine the weight of
vehicles traveling on the roads and highways of this sta te.
Expenditures from the fund shall be made upon warra nts issued by the
State Treasurer against claims fi led as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 49. AMENDATORY 47 O.S. 2021, Section 1168, is
amended to read as follows:
Section 1168. All facilitie s and equipment under the
administrative control of the Oklah oma Tax Commission and used for
determining the weight of vehicles operated on the roads or high ways
of this state are hereby transferred to the Department of
Transportation. Any funds appropria ted to or any powers, duties and
responsibilities exercised b y the Tax Commission for such purpose
shall be transferred to the Department of Transportation. The
Req. No. 8907 Page 90 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Director of the Office of Management and En terprise Services is
hereby authorized to transfer such funds as may be necessary. The
Department of Transportation is hereby authorized to enter into an
agreement with the Corporation Commission Department of Public
Safety to operate such facilities or e quipment. The provisions of
this section shall not be construed to obligate the Department of
Transportation to incur expenses in connection with the
administration of such facilities and equipment in an amo unt which
exceeds deposits to the Weigh Station Improvement Revolving Fund.
SECTION 50. AMENDATORY 47 O.S. 2021, Section 1169, is
amended to read as follows:
Section 1169. A. The Corporation Commission Department of
Public Safety is authorized to revoke, suspend or deny the is suance,
extension or reinstatement of any Corporation Commission Department
of Public Safety issued motor carrier or commercial motor vehicle
license, permit, registration, certificate or duplicate copy there of
issued pursuant to the jurisdiction of the Corporation Commission,
Department of Public Safety to any person who shall be guilty of:
1. Violation of any of the provisions of applicable state law;
2. Violation of rules promulgated by the Corporation Commission
Department of Public Safety ;
3. Failure to observe or fulfill the conditions upon which t he
license, permit, registration or certificate was issued;
Req. No. 8907 Page 91 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. Nonpayment of any delinquent tax, fee or penalty to the
Commission Department or the State of Oklahoma; or
5. Nonpayment of a uniform base s tate program delinquent tax,
fee or penalty to a st ate or province participating with the
Corporation Commission Department of Public Safety in that program.
B. The interest or penalty or any portion thereof ordinarily
accruing by failure of the motor car rier, registrant or licensee to
properly file a report or return may be waived or reduced by the
Corporation Commission Department of Public Safety . No interest or
penalties in excess of Ten Thousand Dollars ($10,000.00) shall be
allowed except by order o f the Commission Department.
C. The Corporation Commission Department of Public Safety shall
promulgate rules setting forth the revocation, suspension or denial
of a motor carrier or commercial motor vehicle certificate,
registration, license or permit is sued pursuant to the jurisdiction
of the Corporation Commission Department of Public Safety . The
Corporation Commission Department of Public Safety shall
additionally promulgate rules allowing for the collec tion and
remittance of financial liabilities owe d by a motor carrier,
registrant, licensee or permi ttee to a state or province
participating with the Corporation Commission Department of Public
Safety in a uniform base state program or to another state age ncy.
D. Upon the revocation or expiration of an y motor carrier or
commercial motor vehicle license , permit, registration or
Req. No. 8907 Page 92 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
certificate issued pursuant to the jurisdiction of the Corporation
Commission Department of Public Safety , all accrued taxes, fees and
penalties due and payable under the terms of state law, rules or
order imposing or levying such tax, fee or penalty shall become due
and payable concurrentl y upon the revocation or expiration of the
license, permit, registration or certificate and the licensee,
permittee, registrant or certificate h older shall forthwith make a
report covering the pe riod of time not covered by preceding reports
filed by said the person and ending with the date of the revocation
or expiration and shall pay all such taxes, fees or penalties owed.
E. No person shall kno wingly, or intentionally, present an
altered or fraudulent credential or document to the Corporation
Commission Department of Public Safety or to any duly authorized
peace officer. Any person or persons viol ating the provisions of
this subsection shall be found guilty of contempt of the Commission
Department and shall, upon conviction thereof, be punished by a fine
of not more than Two Thousand Dollars ($2,000.00) for each offense.
SECTION 51. AMENDATORY 47 O.S. 2021, Section 1201 , is
amended to read as follows:
Section 1201. As used in the Oklahoma Weigh Station Act of
2012:
1. "Authority" means the Oklahoma Turnpike Authority;
2. "Commission" "Department" means the Corporation Commission
Department of Public Safety ;
Req. No. 8907 Page 93 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. "Fixed facility" means a weigh station or a port of entry;
4. "Port of entry" means a facility, in close proximity to a
state line, designed to electronically weigh and screen motor
carriers and commercial motor vehicles for co mpliance with federal
and state statutes and rules, allowing compliant carriers to pro ceed
with minimal or no delay;
5. "Roadside enforcement " means a temporary location, with or
without portable or semi -portable scales, used to rand omly check
commercial motor vehicles or motor carriers fo r compliance with
federal or state statutes or rule s;
6. "Weigh station" means a stationary and permanent weighing
facility with fixed scales owned by the state where commercial motor
vehicles are checked for compliance with weight and size standards.
Weigh stations are also utilized to enforce federal a nd state laws
and rules applicable to motor carriers and the operation of
commercial motor vehicles and their drivers; and
7. "North American Stand ard Inspection" means a Level I, Level
II, Level III, Hazardous Materials, Cargo Tank or Passenger Carrier
inspection conducted by an individual certified by the Federal Motor
Carrier Safety Administration to conduct such inspections.
SECTION 52. AMENDATORY 47 O.S. 2021, Section 1202, is
amended to read as follows:
Section 1202. A. The Department of Transportation, the
Oklahoma Turnpike Authority and the Corporation Commission
Req. No. 8907 Page 94 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Department of Public Safety may enter into interagency agreements
concerning the equipment, maintenance and ope rations of fixed
facilities. From July 1, 2022, to January 1, 2024, the Department
of Transportation and the Corporation Commission may enter into
interagency agreements concerning the equi pment, maintenance, and
operations of fixed facilities.
B. The Department of Transportation, the Authority and the
Commission Department shall endeavor to electronically upgrade weigh
stations as practical to minimize the duplication of inspections for
compliant commercial motor vehicl es and motor carriers.
C. The Commission Effective January 1, 2024, all powers,
duties, and responsibilities exercised by the International
Registration Plan Section, the International Fuel Tax Agreement, the
Unified Carrier Registration program, and the administration of trip
permits, temporary fuel permits, and harvest permits shall be
transferred from the Corporation Commission to the Department of
Public Safety.
D. Beginning January 1, 202 4, the Department shall operate all
current and future ports of entry weigh stations eighteen (18) to
twenty (20) hours a day and seven (7) days a we ek upon the
availability of funds.
D. The Commission shall continue to conduct roadside
enforcement in the general area where a fixed facilit y is planned
Req. No. 8907 Page 95 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
but no fixed facility currently exists until a fix ed facility is
located in the general area or July 1, 2016, whichever is earlier.
E. When a fixed facility is located in the general area,
Commission motor carrier and commercial motor vehicle enforcement
shall be limited to the fixed facility and a radiu s surrounding the
facility. If the fixed facility is a weigh station as defined in
Section 1201 of this title, the applicable radius shall be seven (7)
miles. If the fixed facility is a port of entry weigh station as
defined in Section 1201 of this title , the applicable radius shall
be twenty-five (25) miles.
F. The Commission may assist in roadside enforcement in a joint
effort at the request of the Oklahoma Highway Patrol.
G. The Commission is authorized to conduct a udits, reviews,
investigations, inspections or other enforcement actions by
enforcement officers provided those activities are within the scope
of the Commission's jurisdiction and are not conducted as roadside
enforcement in accordance with the provisions of the Oklahoma Weigh
Station Act of 2012.
H. E. The Commission Department may enter into interagency
cooperative agreements with other state or federal agencies to
jointly enforce federal and state laws or rules.
I. F. North American Standard Inspectio ns shall be conducted
only by individuals holding certification in the level or
classification of inspection being conducted.
Req. No. 8907 Page 96 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 53. AMENDATORY 47 O.S. 2021, Section 1203, is
amended to read as follows:
Section 1203. A. A co mmercial motor vehicle, its driver or a
motor carrier may not be cited for the same vi olation of motor
carrier or commercial motor vehicle requirements on the same date by
any Oklahoma officer , provided neither the veh icle configuration nor
the load have changed. This subsection is not app licable to a
Commercial Vehicle Safety Alliance out -of-service violation.
B. The Corporation Commission and the Department of Public
Safety or other state or local agencies may enter into interagency
agreements to share information electronically to facil itate this
section.
SECTION 54. REPEALER 47 O.S. 2021, Sections 171, 171.2
and 172.1, are hereby repealed.
SECTION 55. This act shall become effe ctive July 1, 2022.
SECTION 56. It being immediately nec essary for the preservation
of the public peace, he alth 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.
58-2-8907 JBH 01/12/22