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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1765 By: Coleman
AS INTRODUCED
An Act relating to motor vehicles; providing
definitions; requiring the Oklahoma Moto r Vehicle
Commission to provide with motor vehicle registration
a list of open recalls for the vehicle ; requiring
repairs before renewal of registration; providing for
contents of notice; allowing the Commission to deny
renewal for registration if motor vehicle owner does
not remedy recalls in notice; allowing for extensions
under certain conditions; providing for protection
against certain liability; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 563.1 of Title 47, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. “Commission” means the Oklahoma Tax Commission;
2. “Director” means the Executive Director of the Oklahoma
Motor Vehicle Commission; and
3. “Open recall” means a safety recall applicable to a specific
motor vehicle, according to information made available by the
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National Highway Traffic Safety Adminis tration, that has not been
repaired.
B. The Oklahoma Motor Vehicle Commission shall, prior to
issuing a motor vehicle registration or mailing a motor vehicle
registration renewal notice, check information made available by the
National Highway Traffic Safety Administration to determine whether
the motor vehicle is subject to an open recall. For a vehicle that
is subject to one or more open recalls, the Comm ission shall provide
the owner of the motor vehicl e written notice of all open recalls
applicable to the motor vehicle. The recall notice shall be
provided at the time the vehicle is registered, except that for
registrational renewals, t he recall notice shall be included in the
registration renewal notic e. The recall notice shall include the
following:
1. A description of each open recall ;
2. A statement that each open recall may be repaired by a motor
vehicle dealer approv ed by the manufacturer of the motor vehicle at
no cost to the owner of the motor vehicle, except as provided in 49
U.S.C., Section 30120; and
3. A statement that, except as provided in subsection D or E of
this section, the Commission shall not issue a registration
certificate for a motor vehicle until each open recall is repaired
in compliance with the p rovision of subsection C of this section.
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C. Notwithstanding any provision of law, after an owner of a
motor vehicle receives notice that the moto r vehicle is subject to
one or more open recalls pursuant to subsection B of this section,
the owner shall obtain the necessary repairs b efore the motor
vehicle’s next registration renewal. It shall be the responsibility
of the owner to submit proof, in a manner determined by the
Director, that the repairs needed to address all open recalls have
been made. The Direct or shall deny an application for registration
renewal for any motor v ehicle that has failed to receive repairs
necessary to remedy an open recall within the time peri od
established by this section.
D. The Director shall extend for six-month intervals, the
registration of a mot or vehicle subject to an open recall for which
parts or equipment to repair the open recall are unavailable.
E. The Director may, at the Director ’s discretion, extend the
registration of a motor vehicle subject to an open recall for a
period not to exceed one six-month period if the owner of the motor
vehicle fails to repair the motor vehicle due to cir cumstances
beyond the control of the owner or due to u ndue hardship.
F. Nothing in this section shall alt er the liability under law
of any motor vehicle manufacturer or motor vehicle dealer approved
by the manufacturer to repair an open re call.
G. The Director and employees of the Commission who are
designated by the Director, for the purposes of discharging their
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duties pursuant to this section, shall not be liable to any person
for any act or omission related to the open recall notice provided
pursuant to this section, except for cases of gross negligence.
SECTION 2. This act shall become e ffective November 1, 2022.
58-2-3039 MR 1/20/2022 7:28:56 PM