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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 617 By: Allen
AS INTRODUCED
An Act relating to motor vehicles; amending 4 7 O.S.
2011, Sections 161A, 162, 162.1, 16 3, 165, 166,
166.5, 166a, 169, 169.5, 170, 170.1, 1 70.2, 171.1,
171.2, 172, 177.2, 177.3, 180, 180a, 180b, 180c,
180d, 180e, 180f, 180g, 180h, 180k, 180l and 180m,
which relate to the regulation of motor carriers;
removing notification requirement for the Department
of Public Safety; modifying fund providing payment
for certain motor vehicles; modifying employees
certain agencies may appoint; specifying type of
officers appointed by Depar tment; eliminating duties
of certain employee; modifying agency reference;
modifying fund refer ence; allowing for the emp loyment
of certain Port of Entry officers; establishing
classes of certain officers; updating statutory
references; amending 47 O.S. 2011, Sections 230.22,
230.23, 230.24, 230.25, 230.26, 230.27, 230.28,
230.29, 230.30, 230.31, 23 0.32 and 230.34a, which
relate to the Motor Carrier Act of 1995; modifying
agency reference; transferring certain 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. 2011, Section 230.6, as last amended
by Section 8, Chapter 259, O.S.L. 2013 (47 O.S. Supp.
2020, Section 230.6), which relates to use and
activities of commercial vehicles; est ablishing
procedural requirements for certain vi olations;
requiring use of certain software in determining
certain penalty; amending 47 O.S. 2011, Section
230.9, as amended by Section 1 3, Chapter 283, O.S.L.
2012 (47 O.S. Supp. 2020, Section 230.9), which
relates to compliance with the Oklahoma Motor Ca rrier
Safety and Hazardous Materials Transportation Act;
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requiring certain violation to be in compliance with
certain federal regulations ; modifying factors
considered by Commissioners of Public Safety
assessing penalty; adding methods of collection for
certain administrative penalties; establishing
procedures for certain safety rati ngs; authorizing
Department to hold vehicles in certain ci rcumstances;
amending 47 O.S. 2011, S ection 1120.1, which relates
to entry into the Inte rnational Registration Plan;
modifying agency reference; amending 47 O.S. 2011,
Sections 1167, as last amended by Section 1, Cha pter
373, O.S.L. 2016, 1168, as amended by Section 205,
Chapter 304, O.S.L. 2 012, and Section 1169 (47 O.S.
Supp. 2020, Sections 1167 and 1168), which relate to
motor carrier enforcement; providing that certain
rules be deemed promulgated by Department of Public
Safety; modifying agency referenc e 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 Section 2, Chapter 262, O.S.L.
2012 (47 O.S. Supp. 2020, Section 1201) and Section
3, Chapter 262, O.S.L. 2012, as last amended by
Section 2, Chapter 373, O.S.L. 2016 (47 O.S. Supp.
2020, Section 1202) and Section 4, Chapter 262,
O.S.L. 2012 (47 O.S. Supp. 2020, Section 1203), which
relate to the Oklahoma Weigh Station A ct of 2012;
modifying agency referenc e; providing for the
Department of Public Safet y and the Corporation
Commission to enter into c ertain agreement;
transferring certain powers and duties from the
Corporation Commission to the Department of Public
Safety; removing requirement of roadside enf orcement
in certain circumstances; removing authorization to
conduct certain activitie s related to roadside
enforcement; repealing 47 O.S. 2011, Sections 171 and
172.1, which relate to the regulation of m otor
carriers; updating statutory language; providing an
effective date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 47 O.S. 2011, 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”. The purpose of this act the
Household Goods Act of 2009 is to regulate intrastate transportation
by motor carriers of househ old goods in such manner as to establish
standards for public safety, fair competitive practices, adequate
and dependable service, and protection of shippers from deceptive or
unfair practices.
B. The provisions of this act the Household Goods Act of 2009 ,
except as specifically limited herein, shall apply to the intrastate
transportation of household goods by mot or carriers over public
highways of this state; and the regulations of s uch transportation,
and the procurement thereof and the provisions of fac ilities
therefor, are hereby vested in the Corporation Commission Department
of Public Safety.
Shipments contracted by the federal government, a state
government, a tribal government or any local government or political
subdivision thereof shall not be req uired to obtain a household
goods certificate, but shall be regulated by the Commission
Department to achieve compliance with safety requirements and size
and weight limitations.
Nothing in this act the Household Goods Act of 2009 shall be
construed to interfere with the exercise by agencies of the
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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 consis ting
of a parent corporation and all subsidiaries in which the p arent
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 certificat e” means a certificate of
authority issued by the Corporation Commission Department of Public
Safety to transport household goods within this state;
5. “Intercorporate hauling ” means the transportation of
household goods, by motor vehicle, for compensatio n, by a carrier
which is a member of a corporate family, as defi ned in this section,
when the transportation for compensation is provide d for other
members of the corporate family;
6. “Motor carrier of househ old goods” means a person
transporting househol d goods for compensation or other
consideration, with an origin and destination within this state;
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7. “Motor vehicle” means any automobile, truck, truck-tractor,
trailer or semitrailer or any motor bus or sel f-propelled vehicle
not operated or driven upon fixed rails or tracks;
8. “Person” means any individual, firm, copartnership, limited
partnership, corporation, limited liability corp oration, company,
association, or joint -stock association and includes an y trustee,
receiver, assignee, or personal repr esentative 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 public and accepted by the proper aut horities or
otherwise.
D. The terms and provis ions of this act the Household Goods Act
of 2009 shall apply to commerce with foreign nations, or commerce
among the several states of t his Union, insofar as such application
may be permitted under the provisi ons of the Constitution of the
United States and the Acts of Congress.
SECTION 2. AMENDATORY 47 O.S. 2011, Section 162, is
amended to read as follows:
Section 162. A. The Corporation Commission Department of
Public Safety is authorized to:
1. Supervise and regulate every mo tor carrier of household
goods;
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2. Protect the shipping and gen eral public by requiring
liability insurance and cargo insurance of all motor carriers of
household goods;
3. Ensure motor carriers of household goods are complying with
applicable size and w eight laws and safety requirements;
4. Supervise and regulate s uch motor carriers in all other
matters affecting the relationship betwe en such carriers and the
traveling and shipping public including, but not limited to,
consumer protection measures and l oss and damage claim procedures;
and
5. Enforce the provisions of this act the Household Goods Act
of 2009.
B. The Commission Department is authorized to promulgate rules
applicable to persons transporting h ousehold goods.
C. 1. The Commission Department is authorized to administer a
hazardous material transportati on registration and permitting
program for motor carriers engaged in tra nsporting hazardous
material upon or over the public highways and within the borders of
the state.
2. The Commission Department shall promulgate rules
implementing the provisions of t his subsection. Rules promulgated
pursuant to this subsection shall be consistent with, and equivalent
in scope, coverage, and content to requir ements applicable to
operators of vehicles tran sporting hazardous materials contained in
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the report submitted t o the Secretary of the United States
Department of Transportation, pursu ant to 49 U.S.C. 5119(b), by the
Alliance for Uniform Hazardous Material Transportation Procedures.
D. Nothing in this section shall be construed to remove or
affect the jurisdiction of the Department of Environmental Quality
to implement hazardous waste transportation requirements for federal
hazardous waste program delegatio n to this state under the federal
Resource Conservation and Recovery Act.
E. The Commission Department is authorized to promulgate rules
and set fees applicable to interstate motor c arriers, pertaining to
carrier registration, operation of equipment and f iling of proper
proof of liability insurance.
SECTION 3. AMENDATORY 47 O.S. 2011, Sec tion 162.1, is
amended to read as follows:
Section 162.1. The Corporation Commission Department of Public
Safety is authorized to promulgate rul es necessary 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, Accoun table, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU), Subtitle C-Unified
Carrier Registration Act of 2005.
SECTION 4. AMENDATORY 47 O.S. 2011, Section 163, is
amended to read as follows:
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Section 163. A. No person shall transport household goo ds for
compensation or other consideration in intrastate commerc e without a
valid certificate issued by the Corporation Commission Department of
Public Safety.
B. The Commission Department shall promulgate rules ensuring
consumer protection and loss and d amage claim procedures.
C. Every motor carrier, subject to this act the Household Goods
Act of 2009, receiving household goods for tran sportation in
intrastate commerce shall issue a receipt or bill of lading
therefor, the form of which shall be prescribe d by the Commission
Department.
D. Record-keeping documents, as required by the Commission
Department, shall be maintained by the motor carrier of household
goods for a minimum of three (3) years. The Commission Department
is authorized to require certai n documents to be retained for a
longer period of time pending 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 the Household Goods Act o f 2009 or
the Commission’s Department’s rules pursuant thereto m ay be found in
violation by the Commission Department. After proper notice and
hearing, violators may be assessed penalties in an amount not to
exceed One Thousand Dollars ($1,000.00) for the first violation and
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for the second violation within a year a pe nalty not to exceed Five
Thousand Dollars ($5,000.00).
SECTION 5. AMENDATORY 47 O.S. 2011, Section 165, is
amended to read as follows:
Section 165. A. Upon the fili ng of an application to operate
as a motor carrier of household goods, the applicant shall 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 carrier o f 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 receipt of any
such fee, deposit the sam e in the State Treasury to the credit of
the Corporation Commission Revo lving Trucking One-Stop Shop Fund.
SECTION 6. AMENDATORY 47 O.S. 2011, Section 166, is
amended to read as follows:
Section 166. A. It is hereby declared unl awful 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 engage d in intercorporate hauling must obtain
a certificate in the mot or carrier’s name.
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C. Applicants for intrastate authority to transport household
goods shall file an application as required by this act the
Household Goods Act of 2009 and as prescribed by t he Commission
Department. A household goods certificate shall b e issued to the
applicant 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 renew a household goods certificate, the application
shall be set for public hearing in accordance with Commission
Department rules.
E. Household goods certificates may not be as signed or
transferred.
F. The Commission Department shall exercise any additional
power that may from time to time be conferred upon th e 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 7. AMENDATORY 47 O.S. 2011, 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 inconsistent with any of the
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provisions of Section 18 thr ough Section 34, inclusive, of Article
IX of the Constitution of the Stat e of Oklahoma, then, to the extent
of any such conflicts or inconsistencies, it is hereby expressly
declared that this entire 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 8. AMENDATORY 47 O.S. 2011, Section 166a, is
amended to read as follows:
Section 166a. A. As used 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 carriers in the transpor tation
of household goods;
3. “Owner” means a person to whom title to eq uipment 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 w hich 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 household goods in exchan ge for compensation;
5. “Lessor”, in a lease, means the party granting the use of
equipment with or without driver to another;
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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 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 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 granti ng the use of the
equipment and meeting the req uirements as set forth 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 lease, the authorized carrier shall
remove all identification showing it as the operating carrier before
giving up possession of the equipment.
C. The written lease required pursuant to subs ection B of this
section shall contain the foll owing provisions. The required lease
provisions shall be adhere d to and performed by the authorized
carrier as follows:
1. The lease shall be made between the authorized carrier and
the owner of the equipmen t. The lease shall be signed by these
parties or by their authorized representatives;
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2. The lease shall spec ify the time and date or the
circumstances on which the lease begins and ends and include a
description of the equipment which shall be identifie d by vehicle
serial number, make, year, model a nd current license plate number;
3. The period for which the le ase 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 possession, cont rol and use of the equipment
for the duration of the lease. The lease s hall further provide that
the authorized carrier lessee shall assume comp lete responsibility
for the operation of the eq uipment 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 attach ed to the lease. The
amount to be paid may be expressed as a percentage of gross revenue,
a flat rate per mile , a variable rate depending on the direction
traveled or the type of com modity transported, or by any other
method of compensation mutually agree d upon by the parties to the
lease. The compensation stated on the lease or in the attached
addendum may apply to equipment and driver’s services either
separately or as a combined a mount;
6. The lease shall clearly specify the responsibility of each
party with respect to the cost of fuel, fuel taxes , empty mileage,
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permits of all types, tolls, detention and acce ssorial services,
base plates and licenses, and any unused portions of s uch items.
Except when the violation results from the acts or omissions of the
lessor, the authorized carrier lessee sh all assume the risks and
costs of fines for overweight and overs ize trailers when the
trailers are preloaded, sealed, or the load is con tainerized, or
when the trailer or lading is otherwise outside of the les sor’s
control, and for improperly permitted ove r-dimension and overweight
loads and shall reimburse the lessor for any fines paid by the
lessor. If the authorized carrier is authoriz ed to receive a refund
or a credit for base plates purchased by the lesso r from, and issued
in the name of, the authoriz ed carrier, or if the base plates are
authorized to be sold by t he authorized carrier to another lessor,
the authorized carrier shall re fund to the initial lessor on whose
behalf the base plate was first obtai ned a prorated share of the
amount received;
7. The lease shall specify 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 of the authorized carrier. The
paperwork required before the lessor can receive payment is limi ted
to those documents necessary for the authorized carrier to secure
payment from the shipper. The authorized carrier may require the
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submission of additional documents by the lessor but not as a
prerequisite to payment;
8. The lease shall clearly speci fy the right of those lessors
whose revenue is based on a percentage of the gross revenue for a
shipment to examine copies of the authorized carr ier’s freight bill
before or at the time of set tlement. The lease shall clearly
specify the right of the lesso r, regardless of method of
compensation, to examine copies of the carrie r’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 o f 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 t he lessor is not required to
purchase or rent any products, equipment, o r services from the
authorized carrier as a condition of entering into th e lease
arrangement;
11. As it relates to insu rance:
a. the lease shall clearly specify the legal obligation
of the authorized carrier to maintain insurance
coverage for the protecti on of the public, and
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b. the lease shall clearly specify the conditions u nder
which deductions for cargo or property dam age 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 cargo or pro perty
damage made from any compensation of mone y owed to the
lessor. The written explanation and itemization m ust
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 c opy
of the lease.
D. The provisions of this section shall apply to the l easing of
equipment with which to perform house hold goods transportation by
motor carriers.
SECTION 9. AMENDATORY 47 O.S. 2011, Section 169, is
amended to read as follows:
Section 169. A. No certificate shall be issued by the
Corporation Commission Department of Public Safet y to any motor
carrier of household goods until after such motor carrier shall have
filed with the Commission Department a liability insurance policy or
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bond covering public liability and property damage, issu ed by some
insurance or bonding company or insu rance carrier authorized as set
forth below, and which has compl ied with all 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 ord er of the Commission Department; and such
liability and property damage insurance policy or bond shall bind
the obligor thereunder to ma ke compensation for injuries to, or
death of, persons, and loss or damage to property, resulting from
the operation of any such motor carrier for which such carrier is
legally liable. After judgment against the carrier for any damage,
the injured party ma y maintain an action upon the policy or bond to
recover the same, and sha ll be a proper party to maintain such
action.
B. Every motor carrier of household goods shall file with 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 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
Commission Department rule. The cargo insurance must be filed with
the Commission Department prior to a certificate being issued by the
Commission Department.
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C. No carrier, whose princip al place of business is in
Oklahoma, shall conduct any operations in this state unless the
operations are covered by a v alid primary bond or insurance policy
issued by an insurer autho rized or approved by the Oklahoma
Insurance Department. No carrier whos e principal place of business
is not in Oklahoma shall conduct any operat ions in this state unless
the operations are co vered by a valid bond or insurance policy
issued by an insurer l icensed or approved by the insurance
regulatory authority of the state o f 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 Oklahoma and the
rules of the Commission Department during such motor carrier’s
operation and that the failure for any cause to maintain such
coverage in full force and effect shall immedia tely, without any
notice from the Commission Department, suspend such carrier’s rights
to operate until proper insurance is provided. A ny carrier
suspended for failure to maintain proper insurance shall have a
reasonable time, not exceeding sixty (60) day s, within which to
provide proper insurance and to have the carr ier’s authority
reactivated, upon showing:
1. No operation during the p eriod in which the carrier did not
have insurance; and
2. Furnishing of proper insurance coverage.
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E. Any carrier who fails to reactivate the carrier’s
certificate within sixty (60) days after such suspension, as above
provided, shall have the certificat e canceled, by operation of law,
without any notice from the Commission Department. No certificate
so canceled shall be reinstated or otherwise 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, a nd that failure to file with the Commission
Department was not due to the motor carrier’s fault. Any carrier
desiring to file for reins tatement of the carrier ’s certificate
shall do so within ninety (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, w ith the proviso that if the
certificates are authorized, the insurance company or carrier so
filing it, upon request of the Commission Department, shall, at any
time, furnish an authe nticated 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.
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SECTION 10. AMENDATORY 47 O.S. 2011, Section 169.5, is
amended to read as follows:
Section 169.5. If the carrier fails to process loss or damage
claims as provided in Sections 169.2 through 169.4 of this title, or
to express declinati ons of the claims in writing with proof of
nonliability, the carrier may be found in contempt by the
Corporation Commission 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 Safety to determine if the operating authority
of the carrier shall be revoked.
SECTION 11. AMENDATORY 47 O.S. 2011, Section 170, is
amended to read as follows:
Section 170. A. Nothing contained in this act the Household
Goods Act of 2009 shall be construed to authorize the o peration of
any freight vehicle in excess of the gross weight, width, le ngth or
height authorized by law.
B. Any person who willfully advertises to perform
transportation services for which t he person does not hold a proper
certificate shall be in violati on of this act the Household Goods
Act of 2009 and subject to the penalt ies 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.
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D. Certificates shall be considered personal to the holder
thereof and shall be issued only to some definite legal ent ity
operating motor vehicles as a motor carrier of household goods, and
shall not be subject to lease, nor shal l the holder thereof sublet
or permit the exercise, by another, in anywi se, of the rights or
privileges granted thereunder.
SECTION 12. AMENDATORY 47 O.S. 2011, Sectio n 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 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 order or rule of the Commission Department, the
Commission Department shall enter same upon its docket and shall
immediately serve a copy thereo f 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 service 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 the 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 place for the hearing,
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and notice of the time and place of the hearing shall be served not
less than ten (10) days before 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, subpoen as duces tecum, and all
necessary process in proceedings pending before the Commission
Department; may administer oaths, examine witnesses, compe l the
production of records, books, papers, fil es, documents, contracts,
correspondence, agreements, or account s 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 the Commission, or of any Commissioner
Department, or with any subpoena or subpoena duces tecu m, 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 as in the case of disobedienc e of the
requirements of a subpoena, or of the refusal to testif y.
D. Witnesses who are 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 ins tance a
subpoena is issued and served shall pay the costs incide nt thereto
and the fees for mileage of all his witnesses.
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E. In event any process shall be directed to any nonresident
who is authorized to do b usiness in this state, the process may be
served upon the agent designated by the nonresident for the service
of process, and service upon the agent shall be as sufficient 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 process, together with the
service of all notices issued 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 conclusion of any hearing, the Commission
Department shall, within sixty (60) days, make and file its findings
and order, with its opini on. Its findings shall be in sufficient
detail to enable any court in which any action of the Commission
Department is involved to determine the controverted questions
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 judgment of
the Commission Department, be complied with within fifteen (15)
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days, the Commission Department may grant and prescribe such
additional time as in its judgment is reasonably necessary to comp ly
with the order, and may, on application and for good cause sh own,
extend the time for compliance fixed in the order.
H. In the event the Commission Department finds that the
defendant is guilty upon any co mplaint filed and proceeding had and
that the provisions of law, or the rules, 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 permit 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 ev ent the
Commission Department should find that the complaint was not in good
faith, the complaining party shall be required 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 aggrieved by any findings and order of the
Commission Department may appeal to the Su preme Court in the way and
manner now or hereafter provided for appeals f rom the district court
to the Supreme Court.
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SECTION 13. AMENDATORY 47 O.S. 2011, Sect ion 170.2, is
amended to read as follows:
Section 170.2. A. The Department of Public Safety, monthly,
shall notify the Oklahoma Corporation Com mission of any ticket
issued for a violation of the provisions of Section 14-119 of this
title, or any provisio ns of Chapter 14 of this title or the terms of
any special permit author ized pursuant to the provisions of Chapter
14 of this title concerning ov erweight or overweight special
permits.
B. Truck overweight violations by motor carriers or private
carriers shall be considered 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 private carriers shall be grounds for issu ance
of a show-cause order for consideration of temporary 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 operat ion, amount of
overweight, and other such factors that may indicate inte nt. Any
person, firm, or corporation that assists in the commission of s uch
overweight violation or refuses to comply w ith 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 su m not to exceed
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Five Hundred Dollars ($500.00) on as prescribed by Section 14-101 et
seq. of this title for each violation. In the specific instance of
an overweight violation, the transport ation of each load shall
constitute a separate violation. The same fine assessed against the
motor carrier or private c arrier shall apply to any other person,
firm, or corporation that aids or abets such violations. Provided
however, no motor carrier, pr ivate carrier, shipper or person
loading or causing a motor vehicle to be loaded shall be subject to
a fine for contempt unless the gross weight of the motor vehicle is
more than five thousand (5,000) pounds overweight.
C. B. The Commission Department, in its discretion and on its
own motion, may make a contempt complaint in w riting under oath
setting forth the violation, enter the complaint on its docket, and
proceed with the matte r in accordance with the provisions of
Sections 161 et seq. of this title o r the Motor Carrier Act of 1995.
SECTION 14. AMENDATORY 47 O.S. 2011, Section 171.1, is
amended to read as follows:
Section 171.1. In addition to other use s 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
enforcement Port of Entry officers and one supervisor-officer
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supervisor-officers who shall have the primary duty of investigating
and assisting in the prosecution of persons engaged in unautho rized
transportation or disposal of deleterious substances as contemplated
under the provisions of the Oklahoma Motor Carrier Act and any other
applicable provisions of law. Such employees shall be compensated
as for similar service in the same or other d epartments of the state
and an expense allowance of One Hundred Dollars ($1 00.00) per month
for maintenance and cleaning of uniforms and other relat ed expenses
shall be paid to such employees. N othing in this section regarding
expense allowances shall be construed to mean that such employees
shall receive any additional compensa tion beyond what is provided
for maintenance and cleaning of uniforms and other related expenses
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 motor vehicles to provide each motor carrier
enforcement officer employed in the Transportat ion Division a motor
vehicle suitable as necessary for Port o f Entry officers to carry
out the enforcement provisions of applicable law. Said The vehicles
shall be appropriately marked as official vehicles an d radio
equipped. All costs for operation, mai ntenance and replacement of
the motor vehicles authorized in this section shall be provided for
from the Corporation Commission Weigh Station Improvement Revolving
Fund.
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3. The Commission shall Department may employ a hearing officer
officers as necessary whose primary responsibility shall be the
adjudication of enforcement proceedings and complaints brought
against persons engaged in una uthorized transportation or disposal
of deleterious substances or other u nauthorized 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 15. AMENDATORY 47 O.S. 2011, S ection 171.2, is
amended to read as follows:
Section 171.2. Motor carrier enforcement Port of Entry officers
as authorized in Section 171.1 of this title shall have authority
and powers as provided for those motor carrier Port of Entry
officers authorized under the provisions of Section 172 of this
title.
SECTION 16. AMENDATORY 47 O.S. 2011, Section 172, is
amended to read as follows:
Section 172. A. Every o wner of any motor vehicle, the agents
or employees of the owner, and ever y other person who violates or
fails to comply with or procures, 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 re gulation, direction, demand, or
requirement of the Corporation Commission Department of Public
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Safety, or who procures, aids or abets any corporation or person in
the person’s, or its, refusal or willful failure to obey, observe or
comply with any such ord er, decision, rule, direction, demand, or
regulation shall be deemed guilty of a misdemeanor. Upon convicti on
in a criminal court of competent jurisdiction, such misdemeanor is
punishable by a fine of not exceeding One Thousand Dollars
($1,000.00).
B. The Corporation Commission Department of Public S afety shall
report to the Attorney General of this state and the district
attorney of the proper county having jurisdiction of such offe nse,
any violation of any of the provisions of Sections 161 161A through
180m of this title or the Motor Carrier Act of 1995 or any rule 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 Attor ney General or the district attorney of the
proper county having jurisdicti on 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 Corporation Commission Department of
Public Safety, the Attorney General or any district attorney, to
comply with the provisions of th is section, shall be deemed official
misconduct. The Corporation Commission Department of Public Safety
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shall report such complaints 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 o r
the Motor Carrier Act of 1995, or with any 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 Carrier 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 ($500.00). Each day on which such
contempt occurs shall be deemed a separate and distinct offen se.
The maximum fine to be assessed on each day shall be Five Hundred
Dollars ($500.00). All fines collected pursuant to the provisions
of this section shall be deposited in the S tate Treasury to the
credit of the Corporation Commission Department of Transportation
Trucking One-Stop Shop Fund, as created in Section 1167 of th is
title. This subsection shall not apply in t he specific instance of
load capacity violations or violation s applicable to the
transportation or discharge of deleterious substances p rovided for
by specific statutory provisions.
D. The Corporation Commission shall Department of Public Safety
may appoint a director of transportation, a deputy director, an
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insurance supervisor, an insurance clerk, two stenographers, a
secretary to the director, an identification device supervisor and
an assistant identificat ion device supervisor at such salaries as
the Legislature may from time to time prescribe and additional
employees as necessary. The employees shall be allowed actual and
necessary travel expenses pursuant to the provisions 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 types of Port of Entry officers appo inted by
the Department of Public Safety : commissioned officers and non-
commissioned officers. All officers shall be vested with all powers
of peace officers in enforcing the provisi ons of Sections 161 161A
through 180m of this title , U.S. 49 CFR, and the Motor Carrier Act
of 1995 in all parts of this 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 Hi ghway
Patrol, subject to the Department of Public Safety.
F. The enforcement officers when on duty, upon reasonable
belief that any motor vehicle is being operated in violation of any
provisions of Sections 1 61 through 180m of this title or the Motor
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Carrier Act of 1995, shall be authorized to require the driver of
the vehicle to stop and submit to an inspection of the
identification device, or devices, 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 to an inspection of the contents of such
vehicle for the purpose of comparing same with bills of lading or
shipping documentati on, waybills, or other evidences of
transportation carried by the driver of the vehicle. The officers
shall not have the right to plea bargain.
G. The enforcement officers are autho rized to serve all
warrants, writs, and notices issued by the Corporation Commission
relating to the enforcement of the provisions of Sections 161
through 180m of this title or the Motor Carrier Act of 1995 and the
rules, regulations, and requirements pres cribed by the Corporation
Commission promulgated pursuant to Sections 161 through 180m of this
title or the Motor Carrie r Act of 1995.
H. The enforcement officers shall not have th e power or right
of search, nor shall they have the right of power of seizu re, except
as provided in Sections 161 through 180m of this title or the Motor
Carrier Act of 1995. The enforcement off icers are authorized to
hold and detain any motor vehicle ope rating upon the highways of
this state, if, the enforcement officer has rea son to believe that
the vehicle is being operated contrary to the provisi ons of Sections
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161 through 180m of this title or the Motor Carrier Act of 1995, or
the rules, regulations, and requirements of the Corporation
Commission promulgated pursuant to Sect ions 161 through 180m of this
title or the Motor Carrier Act of 1995.
I. No state official, other than members of the Corporation
Commission Department of Public Safety , 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 Sect ions
161 161A through 180m of this title , U.S. 49 CFR, 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. G. No enforcement Port of Entry officer or employee of the
Oklahoma Corporation Commis sion 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 chief legal
counsel Department.
SECTION 17. AMENDATORY 47 O.S. 2011, Section 177.2, is
amended to read as follows:
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Section 177.2. A. No motor carrier shall engage in the
business of transporting any salt water, mineral bri nes, waste oil
and other deleterious substances produced from or obtained or used
in connection with the dri lling, development, producing and
operating of oil and gas wells and brine wells, for any valuable
consideration whatever, or in any quantity over t wenty (20) gallons,
without a license authorizi ng such operation and a deleterious
substance transport permi t to be issued by the Commission Department
of Public Safety. Provided, transportation of such substances by
private carrier of property by motor v ehicle shall require a
deleterious substance tr ansport permit.
B. No carrier shall transport deleterious su bstances under a
carrier license issued by the Commission Department until such time
as the carrier has been issued a deleterious substance transpor t
permit.
C. No deleterious substance transpor t permit shall be issued to
a motor carrier or private carrie r until the carrier has furnished
written proof of access to a Class II dis posal well or wells. Said
The written proof of access shall be provided by the owner of such
disposal well. Such dispo sal well must first be approved by the
Corporation Commission Department as adequate to meet the need for
proper disposal of all substances which t he applicant may reasonably
be expected to transport as a motor carrier o r private carrier.
Provided that nothing in this section shall be construed as
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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 will cover the
cost of issuing such licenses an d an annual fee of Two Hundred Fifty
Dollars ($250.00) for each such dele terious substance transport
license. Proceeds from the fees shall 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 s upplemental and are in addition
to the laws applicable to motor carriers.
SECTION 18. AMENDATORY 47 O.S. 2011, Section 177.3, is
amended to read as follows:
Section 177.3. A. It shall be unlawful for a motor carrier,
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, leased, or
otherwise rightfully and legally available to the motor car rier for
such use and purpose.
B. It shall be unlaw ful for any motor truck or tank vehicle
used to transport substances described in Sect ion 177.2 of this
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title to have a release device located or operated in a ny 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 b e
the duty of the prosecuting attorney of the county in which a
violation of the provisions of this section occurs to file and
prosecute the aforementioned misdemeanor ch arge 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 descri bed in Section
177.2 of this title. The first violation proven by the Commission
Department in any calendar year shall result in a motor carrier or
private carrier being warned by the Commission Department and, upon
conviction, fined up to Two Thousand Fi ve Hundred Dollars
($2,500.00). A second violation proven by the Commission Department
in any calendar year shall result in a motor carrier or private
carrier being placed on probation and fined up to Fi ve 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 Dollars ($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 cancellation
of a motor carrier or private carrier deleteri ous substance
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transport permit. The driver of a truck, who is not the ow ner of
the vehicle used in violation of this section or any of the rules
and regulations of the Oklahoma Corporation Commission Department of
Public Safety, shall be adjudicated a cod efendant and subject to a
fine equal to ten percent (10%) of the fine ass essed to the owner of
such vehicle, up to Fiv e Hundred Dollars ($500.00).
SECTION 19. AMENDATORY 47 O.S. 2011, 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 phras es by the motor carrier
statutes of Oklahoma, except as herein provided:
1. The term “identification application ” shall mean the
application as provided by th e Commission Department, for making
application for motor carrier vehicle identification devices; and
2. The term “identification device ” shall mean the motor
carrier vehicle identif ication device issued by the Commission
Department under the provisions o f this act Section 180 et seq. of
this title for the purpose of identifying 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. 2011, Sect ion 180a, is
amended to read as follows:
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Section 180a. It is hereby declared unlawful for any motor
carrier, his or its agents or employe es to operate any powered motor
vehicle, as a motor carrier for hire, wit hin this state, without the
identification device issued by the Commission Department, said the
device to be displayed as provided by the rules of the Commission
Department.
SECTION 21. AMENDATORY 47 O.S. 2011, Section 180b, is
amended to read as follows:
Section 180b. The i dentification 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. 2011, Section 180c, is
amended to read as follows:
Section 180c. The Commission Department of Public Safety may
issue an order for the seizure and 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 Ok lahoma charged with the duties of
enforcing the provisions of this act an d/or any other section of the
motor carrier law now in force or hereinafter enacted:
1. In all cases where the motor carrier has permitted the
insurance coverage, as required by law to be filed with the
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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 pro vision thereof relative
to the legal operatio n 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 certi ficate or
permit or IRC or license under which said the identification device
or devices were issued; or
4. For operating any powered mot or vehicle 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 4 7 O.S. 2011, 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
enforcement of the provisions of this act Section 180 et seq. of
this title or the Motor Carrier Act of 1995.
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SECTION 24. AMENDATORY 47 O.S. 2011, Section 18 0e, is
amended to read as follows:
Section 180e. The Commission Department of Public Safety, in
its discretion, is authorized to provide for decals, cab cards , or
other suitable methods of identification to be displayed on or
carried in the truck or power ed motor vehicle.
SECTION 25. AMENDATORY 47 O.S. 2011, Sectio n 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 eq uipment 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. 2011, Section 180g, is
amended to read as follows:
Section 180g. It shall be t he duty of the Commission Department
of Public Safety to provide identification devices upon written
application of any authorized motor c arrier.
Upon written application of any authorized motor carrier holding
a certificate or permit or license issued by the Commission
Department, the Commission Department shall issue to the motor
carrier a sufficient number of identification devices so tha t each
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powered vehicle owned or to be operated by the motor carrier in th e
state shall bear one identification device. Identification devices
shall be issued on an annua l basis, and applications shall be made
annually on the form prescribed by the Commission Department, and
any motor carrier operating a powered vehicle 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 fo r any motor carrier, or agents
or employees of any motor carrier, to use or transfer an
identification device except a s provided by rules of the Commission
Department.
SECTION 27. AMENDATORY 47 O.S. 2011, Section 180h, is
amended to read as follows:
Section 180h. The Corporation Commission Department of Public
Safety is hereby authorized to colle ct from applicants for motor
carrier and private car rier identification devices a fee of Seven
Dollars ($7.00) for registration of each of its vehicles registered
under the provisions of this act Section 180 et seq. of this title
or the Motor Carrier Act o f 1995; and the fee shall be in addition
to any other fees now provided for by law for the registration of
said the motor vehicles and sha ll be deposited in the State Treasury
to the credit of the Trucking One -Stop Shop Fund.
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SECTION 28. AMENDATORY 47 O.S. 2011, 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. 2011, 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 reciprocal compac ts
and agreements with other states, or the a uthorized agencies
thereof, when such states have ma de provisions substantially similar
to this section, respecting the regulation of moto r vehicles engaged
in interstate or foreign commerce upon and over the pu blic highways.
And such compacts and agreeme nts may provide for the granting, to
the residents of such states, privileges substantially similar to
those granted thereby to Oklahoma r esidents: Provided: (1) That no
such compact or agreement shall supersede or suspend the operation
of any law, rule or regulation of the State of Oklahoma which shall
apply to vehicles operated intrastate in the State of Oklahoma this
state; (2) That any privileges, the granting of which shall be
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provided by any such compact or agreement, shall extend only in
cases of full compliance with the laws of the state joining in s uch
compact or agreement; (3) That no such compact or agreement shall
supersede or suspend the op eration of any law of the State of
Oklahoma other than those applying to the payment of fees for
registration certificates or identification devices; and (4) T hat
the powers and author ity of the Oklahoma Tax Commission to
administer and enforce the tax law s of this state, pertaining to the
taxation of motor vehicles, shall be i n no manner superseded or
suspended.
SECTION 30. AMENDATORY 4 7 O.S. 2011, 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 sher iffs, district attorneys, enforcement Port of
Entry officers appointed by the Corporation Commission of the State
of Oklahoma Department of Public Sa fety, and all highway patrolmen
within the State of Oklahoma:
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 th eir aides who are operating any motor
vehicle, upon or along the highways of this state, for a reasonable
length of time, for the purpose of investigating and determining
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whether such vehicle is being operated in violation of any of the
provisions of Sections 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 th is title or the Motor Car rier 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 th e 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 o f 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 identification
devices and to forward the same to the Corporation Commission
Department of Public Safety for cancellation.
SECTION 31. AMENDATORY 47 O.S. 2011, Section 230.22, is
amended to read as follows:
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Section 230.22. A. It is hereby declared that it is necessary
in the public intere st to regulate transportation by motor carriers
and private carriers in s uch manner as to recognize the nee d to
require all motor carriers and private carriers to have adequate
insurance; for motor carriers and private carriers to provide
service in a safe and efficient manner; and to establish that the
operations of motor carr iers and private carriers will not have a
detrimental impact on the environment.
B. The public policy of this state, as declared by the
Legislature, requires that all existing intras tate certificates and
permits granted by the Oklahoma Corporation Commiss ion, except
household goods and used emigrant movables, prior to January 1,
1995, are hereby revoked.
C. The provisions of the Motor Carrier Act of 1995, except as
hereinafter specifically limited, shall apply to the transporta tion
of passengers or property by motor carrier s 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 v ested in the Oklahoma Corporation
Commission Department of Public Safety.
D. Nothing herein 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.
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E. The terms and provisions of the Motor Carrier Act of 1995
shall apply to commerce with foreign nations, or commerce among the
several states of this Union, insofar as such application may be
permitted under the provi sions of the Constitution of the United
States and the Acts of Congress.
SECTION 32. AMENDATORY 47 O.S. 2011, Section 230.23, is
amended to read as follows:
Section 230.23. As used in the Motor Carrier Act of 1995:
1. “Person” means any individual, firm, copartnership, limite d
partnership, corporation, limited liability corporation, compa ny,
association, or joint -stock association and includes 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 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 in interstate commerce
exempt from federal motor c arrier regulation;
5. “Motor vehicle” means any automobile, truck, truck -tractor,
trailer or semitrailer or any motor b us or any self-propelled
vehicle not operated or driven upon fix ed rails or tracks;
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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 transp ortation of
passengers or property for compensation or for hire or for
commercial purposes, and not operating exclusively within the lim its
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 vehi cles 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 to wns, when
duly licensed by a municipal corporation in which they
might be doing business,
b. any person or governmental authority furnis hing
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 schoo l board; provided, that
motor vehicles and equipment operated for the pu rposes
shall qualify in all respects for the transportation
of school children under the Oklahoma School Code and
the rules of the State Board of Education adopted
pursuant thereto.,
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c. transport trucks transporting liquefied petroleum
gases intrastate whic h are owned or operated by a
person subject to and licensed by the Oklaho ma
Liquefied Petroleum Gas Regulation Act, and
d. transportation of livestock and farm products in the
raw state, when any of such commodities move from farm
to market or from market to farm on a vehicle or on
vehicles owned and operated by a bona fide far mer 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 perc ent (100%)
interest;
8. “Intercorporate haulin g” means the transportation of
property, by motor vehicle, for c ompensation, by a carrier which is
a member of a corporate family, as de fined in the Motor Carrier Act
of 1995, when the transportation for compe nsation is provided for
other members of the co rporate family;
9. “Private carrier” means any person engaged i n transportation
upon public highways, of persons or property, or both, but not as a
motor carrier, and includes any person who transports proper ty by
motor vehicle where such transportation i s incidental to or in
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furtherance of any commercial enterprise o f such person, other than
transportation;
10. “Market” means the point at which livestock and farm
products in the raw state were first delivere d by the producer of
the livestock and farm pro ducts in the raw state, upon the sale
thereof;
11. “Public highway” means every public street, road or
highway, or thoroughfare in this state, used by the public, whether
actually dedicated to the public and accepted by the proper
authorities or otherwise ; and
12. “Commercial enterprise” means all undertakings entere d into
for private gain or compensation , including all industrial pursui ts,
whether the undertakings involve the handling of or dealing in
commodities for sale or otherwise.
SECTION 33. AMENDATORY 47 O.S. 2011, Section 230.24, is
amended to read as follows:
Section 230.24. A. The Corporation Commissi on 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 te rmini or over a regular route or otherwise
and not operating exclusively within the limits of an incorporated
city or town in this state and all private carriers operating
vehicles having a gr oss registered weight of greater than 26,000
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pounds and not operating exclusively within the limits of an
incorporated city or town in t his state in this state;
2. To protect the shipping and general public b y supervising
and requiring insurance of all mo tor carriers and private carriers;
3. To ensure motor carriers and private carriers are complying
with the applicable size and weight l aws of this state and safety
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 those matters do not exceed
federal standards as the y apply to this state.
B. The Commission Department shall have the power and authority
by general order or oth erwise to prescribe rules applicable to any
or all motor carriers and pr ivate carriers as applicable.
C. The Commission shall cooperate and coor dinate with the
Oklahoma Department of Public S afety in regulating carrier safety,
size and weight regulations of motor vehicles and the transportation
of hazardous materials. The Co mmission may enter into interagency
agreements with the Department of Pub lic Safety for the purpose of
implementing, administering and enforcing any provisions of the
Oklahoma Motor Carrier Safety and Hazardous Materials Transportation
Act and the rules an d regulations of the Department of Public Safety
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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, carrier safety, size and weight
regulations of motor vehicles and the transportation of hazardous
materials.
SECTION 34. AMENDATORY 47 O.S . 2011, Section 230.25, is
amended to read as follows:
Section 230.25. A. Every motor carrier, subject to the Motor
Carrier Act of 1995, receiv ing 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 up on conviction thereof
be fined as provided by law.
SECTION 35. AMENDATORY 47 O.S. 2011, 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 w illfully violated any
provision of the Motor Carrier Act of 1995, the Commission
Department shall, upon its own initiati ve, file a contempt
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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 he rein.
SECTION 36. AMENDATORY 47 O.S. 2011, Section 230.27, is
amended to read as follo ws:
Section 230.27. A. Upon the filing by an intrastate motor
carrier or private carrier of an application 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 fo r 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 o f the
Trucking One-Stop Shop Fund.
SECTION 37. AMENDATORY 47 O.S. 2011, Section 230.28 , is
amended to read as follows:
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Section 230.28. A. It shall be unlawf ul 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 requirement s have been met and that the carrier will
operate within all existing ru les and state laws pertaining to
safety standards, size and weight requir ements and, when applicable,
lawful handling and disposal of hazardous materials and deleterious
substances, and will operate in such a manner as to ensure there
will be no detrimenta l environmental impact. It shall also be
unlawful for any private carrie r 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 exist ing 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 such 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 t he
license or set the application for hearing within thirty (30) days
of the Commission Department determining that the application is
complete. Any such hearing shall be scheduled to occur o n a date
within an additional forty-five (45) business days of s uch
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determination. The mere filing of an application does not authorize
any person to operate as a carrier.
B. In granting applications for lic enses, the Commission
Department shall take into consideration the reliability of the
applicant; the proper equ ipment meeting minimum safety criteria as
adequate to perform the servic e; 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 owner 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 M otor 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 ti me to time be conferred upon
the state by any Act of Congress. The Commission Department shall
adopt rules prescribing the manner and form in wh ich motor carriers
and private carriers shall a pply for licenses required by the Motor
Carrier Act of 1995. Am ong other rules adopted, the application
shall be in writing and shall s et forth the following facts:
1. The name and address of the applicant a nd the names and
addresses of its officers, if any;
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2. Full information concerning the physical properties of the
applicant; and
3. Such other information as the Commission Department may
consider pertinent to the application.
SECTION 38. AMENDATORY 47 O.S. 2011, 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 auth orized to
engage in the transportation of passengers or property as a lic ensed
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 author ized carriers in the transportation
of passengers or property for hire;
3. “Owner” means a person to whom title to equi pment has been
issued, or who, without title, has the right to e xclusive 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 s pecified
period to an authorized carrier for use in the regulate d
transportation of passengers or property, in exchange for
compensation;
5. “Lessor”, in a lease, means the party granting the use of
equipment, with or without driver, to another;
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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 is
not effective until signed by the lessor a nd lessee; and
8. “Shipper” means a person who sends or receives passengers or
property which is transported i n intrastate commerce in this state.
B. An authorized carrier may perfo rm authorized transportation
in equipment it does not own only under the following conditions:
1. There shall be a writ ten lease granting the use of the
equipment and meeting the requ irements as set forth in subsection C
of this section;
2. The authorized carrier acquiring the use of equipment under
this section shall identif y the equipment in accordance with the
requirements of the Commission Department of Public Safety; and
3. Upon termination of the lease, the authorized carrier shall
remove all identification showing it as the operating carrier before
giving up possession of the equipment.
C. The written lease requir ed pursuant to subsection B of this
section shall contain the fo llowing provisions. The required lease
provisions shall be adhered to a nd performed 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 authorized representatives;
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2. The lease shall specify th e time and date or the
circumstances on which the lease begins and ends a nd 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 app lies shall be for thirty
(30) days or more when the equipment is to be op erated for the
authorized carrier by the owner or an employee of the owner;
4. The lease shall provide that th e authorized carrier lessee
shall have exclusive possession, control and use of the equipment
for the duration of the lease. The lease shall fur ther provide that
the authorized carrier lessee shall assume complete responsibility
for the operation of the e quipment 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 addend um which is attached to the lease;
6. The lease shall clearly s pecify the responsibility of each
party with respect to the cost of fuel , fuel taxes, empty mileage,
permits of all types, tolls, detention and a ccessorial services,
base plates and licenses, and any unused portions of such items.
Except when the violatio n results from the acts or omissions of the
lessor, the authorized carri er lessee shall assume the risks and
costs of fines for overweight and ov ersize trailers when the
trailers are preloaded , sealed, or the load is containerized, or
when the trailer or l ading is otherwise outside of the lessor ’s
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control, and for improperly p ermitted overdimension and overweight
loads and shall reimburse the lesso r 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 issued
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 share of the
amount received;
7. The lease shall specify that payment to the lessor shall be
made by the authorized carrier within fifteen (1 5) days after
submission of the necessary delivery documents and other paperwork
concerning a trip in the service of the authorized carr ier. The
paperwork required before the lessor can receive payment is lim ited
to those documents necessary for the autho rized carrier to secure
payment from the shipper. The authorize d carrier may require the
submission of additional documents by the less or but not as a
prerequisite to payment;
8. The lease shall clearly spec ify the right of the lessor,
regardless of method of compensation, to examine copies of the
documentation of the carrier upon which charges are assessed;
9. The lease shall clearly s pecify 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
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or settlement together wit h 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 t o 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 sp ecify the legal obligation
of the authorized carrier to maintain insurance
coverage for the protection of the public, and
b. the lease shall clearly specify the conditions under
which deductions for cargo or p roperty 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 cargo or property
damage made from any compensat ion of money owed to the
lessor. The written e xplanation and itemization must
be delivered to the lessor befor e any deductions are
made; and
12. An original and two copies of each l ease shall be signed by
the parties. The authorized carrier shall keep t he original and
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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 pe rform 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. 2011, S ection 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 after
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 which has
complied with all of the requirements 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; and the liability and property damage
insurance policy or bond shall bind the obligor thereunder to make
compensation for injuries to, or death of, persons, and l oss or
damage to property, resulting from the operation of any c arrier for
which the carrier is legally liable. A copy of the policy or bond
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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 such action.
B. Every motor carrier shall file with 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 requirements 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 prope r
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 h as been
exempted from this requirement.
Intrastate motor carrier s of sand, rock, gravel, asphaltic
mixtures or other similar road buildi ng materials shall not be
required to file cargo insurance and shall be r equired to maintain
liability insurance limits of Three Hundred Fifty Thousand Dollars
($350,000.00) combined s ingle limit.
No carrier, whose principal place of business is in Oklahom a,
shall conduct any operations in this state unless the operations are
covered by a valid primary bond or insurance pol icy issued by a
provider authorized or approved by the State Ins urance Commissioner.
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No carrier shall conduct any operations in this st ate unless the
operations are covered by a valid bond or insurance policy issued by
a provider authorized and approved b y a National Association of
Insurance Commissioners and certifie d by the State Insurance
Commission Commissioner.
C. Each carrier shall maintain on file, in full force, 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, wit hout any notice from the Commission
Department, suspend the rights of the carrier to operate until
proper insurance is p rovided. 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 showi ng:
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
license canceled, by operation of law, without a ny 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 showin g that the
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carrier was actually covered by prop er insurance during the
suspension or cancellation period, and that failure to file with the
Commission Department was not due to the ne gligence of the carrier.
Any carrier desiring to file for reinstatement of its license shall
do so within ninety (90) d ays of its cancellation by law.
E. The Commission Department shall, in its discretion, permit
the filing of certificates of insurance c overage or 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 insurance company or carrier so
filing it, upon request of the Commission Department, will, at any
time, furnish an authenticated copy of the poli cy which the
certificate represents, and furthe r provided that thirty (30) days
prior to effective cancellation or termination of the policy of
insurance for any cause, the insurer sh all so notify the Commission
Department in writing of the facts or as dee med necessary by the
Commission Department.
SECTION 40. AMENDATORY 47 O.S. 2011, Section 230.31, is
amended to read as follows:
Section 230.31. A. Nothing c ontained in the Motor Carrier Act
of 1995 shall be construed to authorize the operation of any
passenger or freight vehi cle in excess of the gross weight, width,
length or height authorized by law.
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B. Any person who willfully advertises to perform
transportation services for 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 pr ivate 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 appl icant or any operator or operators
of any motor vehicle to be operated th ereunder, 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 legal entity
operating motor vehicles as a motor carrier o r 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 lice nse.
SECTION 41. AMENDATORY 47 O.S. 2011, Sectio n 230.32, is
amended to read as follows:
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 provisio ns of the Motor Carrier Act of 1995.
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SECTION 42. AMENDATORY 47 O.S. 2011, Section 230.34a, is
amended to read as follows:
Section 230.34a. A. Any person, firm , partnership, limited
liability company, or corporation owning or posses sing a vehicle and
required to register the veh icle 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 Commission 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 shall be valid for a period of thirty (30) or
sixty (60) days. The permit shall identify the time and d ate of its
issuance and shall additionally reflect its effective and expiration
dates.
D. The following information shall be required o f an applicant
for a harvest permit and shall apply to each vehicle to be operated
under the permit:
1. Owner of the vehicle;
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
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4. The operating carrier must provide a c ertificate 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 derived 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; and
2. The remaining amount shall be deposited in the One -Stop
Trucking Fund as set forth in Section 1167 of Title 47 of the
Oklahoma Statutes.
F. A harvest permit may be extended in fif teen-day increments.
The permit holder shall be required to pay the additional prorated
portion of the tag fee at Eight Dollars and sev enty-five cents
($8.75) per axle per fifteen -day extension.
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. The Commission
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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 operati ng 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 from the state ’s size and weight laws
or rules.
J. The Corporation Commission Department of Public Safety may
enter into an agreement wi th any person or corporation located
within or outside of the state for transmission of harvest permits
by way of facsimile or other device when the Corporation Commission
Department of Public Safety determines that such agreements are in
the best interest of the state.
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. 2011, Section 230.6, as
last amended by Section 8, Chapter 259, O.S.L. 2013 (47 O.S. Supp.
2020, Section 230.6), is amended to read as follows:
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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 of any container whe n 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 o r all required
corrections for the vehicle or container have been made; p rovided,
upon approval of the Department of Public Safety, the vehicle or
container may be moved to another location for the purpose of repair
or correction.
C. No person shall remov e 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 r eturn to duty unless all requirements
of the out-of-service order have be en 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 vehicle:
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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 operate a commercial
motor vehicle disqualified,
c. is not licensed to o perate 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 conjunc tion with a
Class D driver license,
d. has more than one commercial drive r license; provided,
this subparagraph shall no t 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 o r
C driver license,
e. does not have the proper class or endorsements on the
driver license or commercial learner permit , or
f. is in violation of any restriction on the driver
license or commercial learner permit;
2. During any period in which the employ ee, the commercial
motor vehicle which the employee is operating, the mot or carrier
business or operation, or the employ er is subject to an out-of-
service order; or
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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 dri ver 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 section
shall be subject to an administrative penalty of not less than Two
Thousand Seven Hundred Fifty Dollars ($2,750.0 0) 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 para graph 2 of subsection 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 co nviction shall be reported to CDLIS
in accordance with Section 18 -101 of this title.
G. An employee who is determined by the Commissioner to have
committed a violation of any provisio n of this section shall be
subject to an administrative penalty of not l ess than Two Thousand
Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars
($5,000.00).
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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 and
determined by utilizing the Uni form Fine Assessment (UFA) softwa re
and any successor software now or hereafter used by the Federal
Motor Carrier Safety Administration.
SECTION 44. AMENDATORY 47 O.S. 2011, Sectio n 230.9, as
amended by Section 13, Chapter 283, O.S.L. 2012 (47 O.S. Sup p. 2020,
Section 230.9), is amended to read as follows:
Section 230.9. A. The transportation of any property in
commerce, including hazardous materials or 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 rules issued pursuant thereto,
is prohibited.
B. Pursuant to the provisions of this section and e xcept 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:
1. An act which is a violat ion of a recordkeeping requirement
of this title or of any rule or regulation promulgated thereto or
the Federal Motor Carrier Safety Ac t of 1984, such person shall be
liable to the State of Oklahoma for an administrative penalty not to
exceed One Hundred Dollars ($100.00) for each offense ,; provided
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that the total of all administrative penalties assessed against any
violator pursuant to t his paragraph for all offenses related to any
single violation shall not exceed Five Hundred 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 not to exceed Two Hundred
Dollars ($200.00) for each offense ,; provided, the maximum fine for
each pattern of safety violations shall not exceed One Thousand
Dollars ($1,000.00). The Commissioner may consider present and
prior offenses in determining a serious pattern of safety
violations; or
3. An act or acts which evidences to the Commissioner , that a
substantial health or safety violation exists or has occurred which
could reasonably lead to or has resulted in serious personal injury
or death, such person shall be liable to the State o f Oklahoma for
an administrative penalty not to exceed One Thous and Dollars
($1,000.00) for each offense.
C. Each day of violation as s pecified in subsection B of this
section shall constitute a separate single violation/offense.
D. Except for recordkeep ing violations, no administrative
penalty shall be assessed purs uant to the provisions of this
section, against an employee of any perso n subject to the provisions
of the Oklahoma Motor Carrier Safety and Hazardous Materials
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Transportation Act for a violat ion unless the Commissioner
determines that such actions of the employee constituted gross
negligence or reckless disregard for safety i n which case such
employee shall be liable for an administrative penalty not to exceed
One Thousand Dollars ($1,000.00).
E. For violations identified during a Compliance
Review/Investigation, the administrative penalty amount shall be in
accordance with federal regulations and determined by utilizing the
Uniform Fine Assessment (UFA) software and any successor software
now or hereafter used by the Federal Motor Carrier Safety
Administration.
F. In determining the amount of any administrative penalty and
the reasonable amount of time for abatement of the violation, the
Commissioner shall include, 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 have committed the violation, the degree of
culpability, history of prior offenses, effect on ability to
continue to do business and such other matters as justice and public
safety may require. In each case, the penalty shall be calcu lated
to induce further compliance.
F. G. The Commissioner or his or her designated representative
shall assess the amount of any administrative penalty, after notice
and an opportunity for hearing, b y written notice to the violator
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together with notice o f findings in the case. An appeal therefrom
may be made to the district court of Oklahoma County pursuant to the
provisions of Sections 318 through 323 o f Title 75 of the Oklahoma
Statutes.
G. H. An administrative penalty assessed 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 t he
Commissioner;
2. By the Commissioner in the appropr iate district court of the
State of Oklahoma; or
3. By the Commissioner in an ad ministrative hearing conducted
by the Department of Public Safety .
I. The Department may file an itemization of unpaid
administrative penalties, fees and charges with the Okl ahoma Tax
Commission for collection at the time of registration of the
vehicle. The Oklahoma Tax Commission shall not issue or renew a
vehicle’s registration upon receipt of an itemization of unpaid
administrative penalties, fees and charges from the Depa rtment until
paid.
J. The state agency granted with the authority to issue
intrastate operating authority shall suspend the operating authority
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of any intrastate carrier who fails to pay the adminis trative
penalties, fees and charges imposed by this subsection until paid.
K. The Department may deny issuance of documentation needed for
operation of a commercial motor vehicle including but not limited t o
permits, certificates and contracts, when an entity or person has
unpaid administrative penalties, fees or charges, until paid.
L. The Department shall issue an order placing the operating
authority of any intrastate carri er out-of-service on the sixty-
first day after the date of a notice of proposed “unsatisfactory”
safety rating issued by the Department following a Compliance Review
or Investigation. The Department shall use the Federal Motor
Carrier Safety Administration safety rating methodology. The out -
of-service order or suspension of operating authority shall remain
in place until the Department de termines that the carrier has
remedied the safety is sue as determined by the Department. The
carrier shall also be placed out of service if it does not allow th e
Department to conduct a compliance review/investigation.
M. 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 Department, the Department may hold the vehicle
until cleared.
H. N. The first One Hundred Thousand Dollars ($100,000.00) of
the administrative penalties collected eac h fiscal year pursuant to
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the provisions of the Oklahoma Motor Carrier S afety and Hazardous
Materials Transportation Act shall be deposited in th e General
Revenue Fund of the State of Oklahoma. All other monies collecte d
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 purp ose of administering
the Oklahoma Motor Carrier Safety and Hazardous Materi als
Transportation Act.
SECTION 45. AMENDATORY 47 O.S. 2011, 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 and its
residents, may enter into th e International Registration Plan or
other compacts or agreements with o ther states to permit motor
vehicle registration and license taxes on any motor vehicle to be
used as a rental motor vehicle as defined in the Inter national
Registration Plan.
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 registra tion fees in lieu of
the fee schedule set forth in S ection 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
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2. A fee of Ten Dollars ($10.0 0) shall be assessed in the first
year and each subsequent year of registra tion 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 vehic le is permanently withd rawn from the rental
fleet of the owner.
SECTION 46. AMENDATORY 47 O.S. 2011, Section 1167, as
last amended by Section 1, Chapter 373, O.S.L. 2016 (47 O.S. Supp.
2020, Section 1167), is amended to read as fol lows:
Section 1167. A. The Corporation Commission Department of
Public Safety is hereby authorized to promulg ate rules pursuant to
the Administrative Procedures Act to establish the amounts of fees,
fines and penalties as set forth in Section 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 provi de such parties an
opportunity to be heard prior to promulgation.
B. The Corporation Commission Department of Public Safety shall
adjudicate enforcement actions initiated by Corporation Commission
Department of Public Safety personnel.
C. Revenue derived from all fines and penalties collected or
received by the Corporation Commission Department of Public Safety
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pursuant to the provisions of the Truc king One-Stop Shop Act shall
be apportioned as follows:
1. For for the period beginning August 23, 2013, th e first
Three Hundred Thousand Dollars ($300,000.00) collected or receive d
each fiscal year shal l 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 Oklahom a 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 this section.
D. There is hereby created in the State Treasury a rev olving
fund for the Corporation Commission Department of Transportation 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 th e Commission Department of Public Safety
to be retained as a motor license agent or othe r Corporation
Commission Department of Public Safety registration or motor fuel
fees as allowed by statute or rule; and
3. Any other monies to b e utilized for the Truc king One-Stop
Shop Act.
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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 for
direct expenses relating to th e Trucking One-Stop Shop Act.
Expenditures from the revolving fund shall be made pursua nt to the
laws of this state. In addition, expenditures from the revolv ing
fund may be made pursuant to The Oklahoma Central Purchasing Act for
the purpose of immediat ely responding to emergency situations,
within the Commission’s jurisdiction, having pot entially critical
environmental or public safety impact. Warrants for e xpenditures
from the fund shall be drawn by the State Treasurer against c laims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for appr oval and payment.
E. There is hereby created in the State Treasury a re volving
fund for the Department of Transportation to be designated the
“Weigh Station Improvemen t Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limi tations or
legislative appropriations , and shall consist of all monies
deposited thereto. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and expended by the
Department for the purpose of constructing, equipping a nd
maintaining facilities to determine the weight of vehicles traveling
on the roads and highways of this state. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
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claims filed as prescribed by law with the Direct or of the Office of
Management and Enterprise Services for approval and payment.
SECTION 47. AMENDATORY 47 O.S. 2011, Se ction 1168, as
amended by Section 205, Chapter 304, O.S.L. 2012 (47 O.S. Su pp.
2020, Section 1168), is amended to read as follows:
Section 1168. All facilities and equipment under th e
administrative control of the Oklahoma Tax Commission and used for
determining the weight of v ehicles operated on the roads or highways
of this state are hereby transferred to the De partment of
Transportation. Any funds appropriated to or any powers, du ties and
responsibilities exercised by the Tax Commission for such purpos e
shall be transferred to the Department. The Director of the Office
of Management and Enterprise Services is hereby authorized to
transfer such funds as may be necessary. The Depar tment of
Transportation is hereby authorized to enter into an agreement w ith
the Corporation Commission Department of Public Safety to operate
such facilities or equipment. The provis ions of this section shall
not be construed to obligate the Department t o incur expenses in
connection with the administration of such facilities and equipment
in an amount which exceeds deposits to the Weigh Station Imp rovement
Revolving Fund.
SECTION 48. AMENDATORY 47 O.S. 2011, Section 1169, is
amended to read as follows:
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Section 1169. A. The Corporation Commission Department of
Public Safety is authorized to revoke, suspend or deny the issua nce,
extension or reinstatement of a ny Corporation Commission Department
of Public Safety issued motor carrier or commercial motor vehicle
license, permit, registration, certificate or duplicate copy ther eof
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 promulgat ed by the Corporation Commission
Department of Public Safety;
3. Failure to observe or fulfill the conditions upon which the
license, permit, registration or certificate was issued;
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 state program delinquent tax,
fee or penalty to a state or province participating with the
Corporation Commissio n Department of Public Safety in that program.
B. The interest or penalt y or any portion thereo f ordinarily
accruing by failure of the motor carrier, 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 Dollar s ($10,000.00) shall be
allowed except by order of t he Commission Department.
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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 vehicl e certificate,
registration, license or permit issue d 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 colle ction and
remittance of financial liabilities owed b y a motor carrier,
registrant, licensee or permittee to a state or province
participating with the Corporation Commission Department of Public
Safety in a uniform base state program or to another state ag ency.
D. Upon the revocation or expiration of any motor carrier or
commercial motor veh icle license, permit, registration or
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 st ate law, rules or
order imposing or levying such tax, fee or penalty shall become due
and payable concurrent ly upon the revocation or expiration of the
license, permit, registration or certificate and the licensee,
permittee, registrant or certificate holder shall forthwith make a
report covering the period 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.
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E. No person shall knowingly, 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 vio lating the provisions of
this subsection shall be fo und guilty of contempt of the Commission
Department and shall, upon conviction thereof, be punished by a fin e
of not more than Two Thousand Dollars ($2,000.00) for each offense.
SECTION 49. AMENDATORY Section 2, Chapter 262, O.S.L.
2012 (47 O.S. Supp. 2020, Section 1201), is amended to read as
follows:
Section 1201. As used in the Oklah oma Weigh Station Act of
2012:
1. “Authority” means the Oklahoma Turnpik e Authority;
2. “Commission” “Department” means the Corporation Commission
Department of Public Safety ;
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 el ectronically weigh and screen motor
carriers and commercial motor vehicles for compliance with federal
and state statutes and rules, allowing compliant carriers to proceed
with minimal or no delay;
5. “Roadside enforcement ” means a temporary location, wit h or
without portable or semi-portable scales, used to randomly check
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commercial motor vehicles or motor carrie rs for compliance with
federal or state statutes or rules;
6. “Weigh station” means a stationary and permanent weighing
facility with fixed scal es owned by the state w here commercial motor
vehicles are checked for compl iance with weight and size standards .
Weigh stations are also utilized to enforce federal and state laws
and rules applicable to motor carriers and the operation of
commercial motor vehicles and their dr ivers; and
7. “North American Standard 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 Admini stration to conduct suc h inspections.
SECTION 50. AMENDATORY Section 3, Chapter 262, O .S.L.
2012, as last amended by Section 2, Chapter 373, O.S.L. 2016 (47
O.S. Supp. 2020, Section 1202), is amended to read as follows:
Section 1202. A. The Department of Transportation, the
Oklahoma Turnpike Authority a nd the Corporation Commission
Department of Public Safety may enter into interagency agreements
concerning the equipment, maintenance and operations of fixed
facilities. From July 1, 2021, to June 30, 2022, the Department of
Transportation and the Corpora tion Commission may enter into
interagency agreements concerning the equipment, maintenance and
operations of fixed facilities.
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B. The Department of Transportation, the Authority a nd the
Commission Department shall endeavor to electronically upgrade weigh
stations as practical to minimize t he duplication of inspections for
compliant commercial motor vehicles an d motor carriers.
C. The Commission Effective July 1, 20 21, all powers, duties
and responsibilities exercised by the International Registration
Plan Section, the International Fuel Ta x Agreement, the Unified
Carrier Registration program, and the administr ation of trip
permits, temporary fuel permits and harvest permits shall b e
transferred from the Corporation Commission to the Department of
Public Safety.
D. Beginning July 1, 20 21, 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 con duct roadside
enforcement in the gen eral area where a fixed facility is planned
but no fixed facility curren tly exists until a fixed facility is
located in the general area or July 1, 2016, whichever is e arlier.
E. When a fixed facility is located in the general area,
Commission motor carri er and commercial motor vehicle enforcement
shall be limited to the fixe d facility and a radius surrounding the
facility. If the fixed facility is a weigh station as d efined in
Section 1201 of this title, the applicable radius shall be seven (7)
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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 Hi ghway Patrol.
G. The Commission is authorized to conduct audits, review s,
investigations, inspections or other enforcement actions by
enforcement officers provided tho se activities are within the scope
of the Commission’s jurisdiction and are not conducte d as roadside
enforcement in accordance with the provisions of the Oklah oma Weigh
Station Act of 2012.
H. E. The Commission Department may enter into interagency
cooperative agreements with other state or federal agenci es to
jointly enforce federal and st ate laws or rules.
I. F. North American Standard Inspections shall be c onducted
only by individuals holding certification in the level or
classification of inspection being conducted.
SECTION 51. AMENDATORY Section 4, Chapter 262, O.S.L.
2012 (47 O.S. Supp. 2020, Section 1203), is amended to read as
follows:
Section 1203. A. A commercial motor vehicle, its driver or a
motor carrier may not be cited for the same violation of motor
carrier or commercial motor vehicle requirements o n the same date by
any Oklahoma officer , provided neither the vehicle co nfiguration nor
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the load has changed. This subsection is not applicable 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 i nteragency
agreements to share information electronically to facilitate t his
section.
SECTION 52. REPEALER 47 O.S. 2011, Sections 171 and
172.1, are hereby repea led.
SECTION 53. This act shall become effective July 1, 2021.
SECTION 54. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereo f this act shall take effect and
be in full force from and after its pas sage and approval.
58-1-184 APW 1/21/2021 8:46:42 AM