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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 617 By: Allen of the Senate
and
Frix of the House
COMMITTEE SUBSTITUTE
An Act relating to motor vehicles; amending 47 O.S.
2011, Sections 2-106.1, 14-101, as last amended by
Section 1, Chapter 121, O.S.L. 2016, 14 -103, as last
amended by Section 1, Chapter 335, O.S.L. 2019, 14 -
103C, 14-103D, as amended by Section 1, Chapter 269,
O.S.L. 2012, 14-103E, 14-103G, as last amended by
Section 1, Chapter 239, O.S.L. 2014, 14 -109, as last
amended by Section 2, Chapter 317, O.S.L. 2019, 14 -
110, 14-111, as amended by Section 2, Chapter 249,
O.S.L. 2012, 14-113, 14-116, as last amended by
Section 3, Chapter 373, O.S.L. 2016, 14 -116a, 14-118,
as last amended by Section 2, Chapter 239, O.S.L.
2014, 14-118.1, 14-120, 14-120.1, 14-120.2, as
amended by Section 12, Chapter 283, O.S.L. 2012, 14 -
121 and Section 1, Chapter 53, O.S.L. 2018 (47 O.S.
Supp. 2020, Sections 14-101, 14-103, 14-103D, 14-
103G, 14-109, 14-111, 14-116, 14-118, 14-120.2 and
14-126), which relate to permit clerks and
supervisors, prohibition against movement of certain
vehicles, special permits, movement of manufactured
homes, issue of permits, annual overload permits,
registration certification and inspection, weighing
vehicles, permit fees, movement of loads without
permit penalties, permits for motor carriers, permit
agreements, cost of escort and requirements, permits
for combination vehicle s, agricultural vehicles;
modifying agency reference; transferring certain
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duties from the Corporation Commission to the
Department of Public Safety; amending 47 O.S. 2011,
Sections 161A, 162, 162.1, 163, 165, 166, 166.5,
166a, 169, 169.5, 170, 170.1, 170. 2, 171.1, 172,
177.2, 177.3, 180, 180a, 180b, 180c, 180d, 180e,
180f, 180g, 180h, 180k, 180l and 180m, which relate
to 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
Department; eliminating duties of certain employee;
modifying agency reference; modifying fund reference;
allowing for the employment 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, 230.32 and
230.34a, which relate to th e 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;
establishing procedural requir ements for certain
violations; requiring use of certain software in
determining certain penalty; amending 47 O.S. 2011,
Section 230.9, as amended by Section 13, Chapter 283,
O.S.L. 2012 (47 O.S. Supp. 2020, Section 230.9),
which relates to compliance with the Oklahoma Motor
Carrier Safety and Hazardous Materials Transportation
Act; 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 ratings; authorizing
Department to hold vehicles in certain circumstances;
amending 47 O.S. 2011, Sections 1120, as amended by
Section 2, Chapter 235, O.S.L. 20 16 and 1120.1 (47
O.S. Supp. 2020, Section 1120), which relate to
proportional registration and entry into the
International Registration Plan; modifying agency
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reference; amending 47 O.S. 2011, Sections 1166,
1167, as last amended by Section 1, Chapter 37 3,
O.S.L. 2016, 1168, as amended by Section 205, Chapter
304, O.S.L. 2012 and 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 reference relating to rules,
enforcement of actions and fund administration;
providing for the Department of Public Safety and
Department of Transportation to enter into certain
agreement; amending 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 Act of 2012;
modifying agency reference; providing for the
Department of Public Safety and the Corporation
Commission to enter into certain agreement;
transferring certain powers and duties from the
Corporation Commission to the Depa rtment of Public
Safety; removing requirement of roadside enforcement
in certain circumstances; removing authorization to
conduct certain activities related to roadside
enforcement; amending 69 O.S. 2011, Section 306, as
amended by Section 571, Chapter 304 , O.S.L. 2012 (69
O.S. Supp. 2020, Section 306), which relates to the
powers and duties of the director; authorizing
certain hiring; repealing 47 O.S. 2011, Sections 171,
171.2 and 172.1, which relate to the regulation of
motor carriers and authority of mo tor carrier
enforcement officers; updating statutory language;
providing for noncodification; providing an effective
date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A ne w section of law not to be
codified in the Oklahoma Statutes reads as follows:
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This act shall be known and may be cited as the "Safe Highway
Commerce Act".
SECTION 2. AMENDATORY 47 O.S. 2011, Section 2 -106.1, is
amended to read as follows:
Section 2-106.1 Subject to the Merit System laws, the
Commissioner of Public Safety is hereby authorized to employ a
supervisor of permit clerks, headquarters permit clerks and
additional permit clerks, who shall have the duty to issue oversize
and/or overweight permits in accordance with the terms of Chapter 14
of this title and to collect the fees therefor and to remit the same
to the Oklahoma Tax Commission.
A. Effective November 1, 2021, all powers, duties and
responsibilities exercised by t he Department of Public Safety Size
and Weights Permits Division shall be transferred from the
Department of Public Safety to the Department of Transportation.
All records, property and matters pending of the division shall be
transferred to the Departmen t of Transportation. Funds sufficient
to administer the powers, duties and responsibilities exercised by
the division shall be appropriated or allocated to the Department of
Transportation for fiscal year 2022 as provided herein. Such funds
appropriated or allocated to the Department of Transportation shall
not be subject to budgetary limitations. The Director of Office of
Management and Enterprise Services is hereby authorized to transfer
such funds as may be necessary to affect such allocations.
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B. The period of July 1, 2021, through October 31, 2021, shall
be a transitional period in which the Department of Transportation
shall gradually assume complete administration and management over
the powers, duties, responsibilities and staff currently carryin g
out the administration of the Size and Weights Permits division.
During this transition period, the employees assigned to the Size
and Weights Permits division shall continue to be employees of the
Department of Public Safety unless otherwise agreed to by the
Department of Public Safety and the Department of Transportation.
Effective November 1, 2021, the Size and Weights Permits division
shall be administered solely by the Department of Transportation.
For the period of July 1, 2021, through October 3 1, 2021, the
Department of Public Safety and the Department of Transportation
shall develop and implement a reasonable and expeditious method for
the expenditure of funds in support of Size and Weights Permits
division.
C. The powers, duties and responsib ilities exercised by the
Size and Weights Permits division of the Department of Public Safety
shall be fully transferred to the Department of Transportation on
November 1, 2021.
D. All personnel of the Department of Public Safety whose
duties are transferred under this act shall be transferred to the
Department of Transportation at the discretion of the Executive
Director. Personnel transferred pursuant to the provisions of this
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section shall not be required to accept a lesser salary than
presently received; provided, the provisions of this section shall
not operate to prohibit the Department of Public Safety or the
Department of Transportation from gradually reducing personnel
through attrition. Personnel transferred shall be placed within the
classification level in which they meet qualifications without an
entrance exam. All such persons transferred shall retain seniority,
leave, sick and annual time earned and any retirement benefits which
have accrued during their tenure with the Department of Public
Safety. The transfer of personnel among the agencies shall be
coordinated with the Office of Management and Enterprise Services.
E. Effective July 1, 2021, any administrative rules promulgated
by the Department of Public Safety related to the administra tion of
the Size and Weights Permits division shall be transferred to and
become a part of the administrative rules of the Department of
Transportation. The Office of Administrative Rules in the Secretary
of State's office shall provide adequate notice in the Oklahoma
Register of the transfer of rules and shall place the transferred
rules under the Administrative Code section of the Department of
Transportation. From and after July 1, 2021, any amendment, repeal
or addition to the transferred rules shall be under the jurisdiction
of the Department of Transportation. All documents issued by the
division transferred to the Department of Transportation shall be
deemed to have been issued by the Department of Transportation.
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SECTION 3. AMENDATORY 47 O.S. 2011, Section 14 -101, as
last amended by Section 1, Chapter 121, O.S.L. 2016 (47 O.S. Supp.
2020, Section 14-101), is amended to read as follows:
Section 14-101. A. It is a misdemeanor for any person to drive
or move or for the owne r to cause or knowingly permit to be driven
or moved on any highway any vehicle or vehicles of a size or weight
exceeding the limitations stated in this chapter or otherwise in
violation of this chapter, and the maximum size and weight of
vehicles herein specified shall be lawful throughout this state and
local authorities shall have no power or authority to alter the
limitations except as express authority may be granted in this
chapter.
B. The Commissioner of Public Safety Department of
Transportation is directed to issue annual overweight permits to:
1. Municipalities and rural fire districts for the
transportation of firefighting apparatus at no cost to the
municipalities or rural fire districts;
2. Owners of implements of husbandry, which includes tr actors
that are temporarily moved upon a highway at no cost to the owner;
3. Retail implement dealers while hauling implements of
husbandry at no cost to the dealer; and
4. Owners of certain vehicles as provided for in Section 14 -
103G of this title.
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C. If a vehicle is issued a license pursuant to Section 1134.4
of this title, the license shall also serve as the overweight permit
required by this section.
D. All size, weight and load provisions covered by this chapter
shall be subject to the limitations imposed by Title 23, United
States Code, Section 127, and such other rules and regulations
developed herein. Provided further that any size and weight
provision authorized by the United States Congress for use on the
National System of Interstate and Defe nse Highways, including but
not limited to height, axle weight, gross weight, combinations of
vehicles or load thereon shall be authorized for immediate use on
such segments of the National System of Interstate and Defense
Highways and any other highways o r portions thereof as designated by
the Transportation Commission or their duly authorized
representative.
E. All size, weight and load provisions covered by Sections 14 -
101 through 14-123 of this title shall be subject to a gross vehicle
weight limit of ninety thousand (90,000) pounds when applied to a
vehicle operating off the National System of Interstate and Defense
Highways unless such vehicle is operating in full compliance with an
overweight permit issued by the Commissioner of Public Safety
Department of Transportation .
F. Any vehicle permitted for movement on the highways of this
state as provided in Section 14 -101 et seq. of this title, other
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than a vehicle permitted solely for overweight movement, shall be
moved only during daylight hours. As u sed in Section 14-101 et seq.
of this title, "daylight hours" shall mean one -half (1/2) hour
before sunrise to one -half (1/2) hour after sunset. The
Commissioner of Public Safety Department of Transportation , for good
cause and consistent with the safe mo vement of the vehicle, may
endorse a permit for the movement of an oversize vehicle to
authorize night time nighttime travel under such terms and
restrictions as the Commissioner Department of Transportation may
require.
G. 1. Any vehicle permitted for m ovement on the highways of
this state as provided in Section 14 -101 et seq. of this title shall
not be moved at any time on the following holidays:
a. New Year's Day (January 1),
b. Memorial Day (the last Monday in May),
c. The Fourth of July (Independence Day),
d. Labor Day (the first Monday in September),
e. Thanksgiving Day (the fourth Thursday in November),
and
f. Christmas Day (December 25).
2. Any vehicle permitted for movement on the highways of this
state as provided in Section 14 -101 et seq. of this title shall be
allowed to move on the following holidays:
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a. Martin Luther King, Jr.'s Birthday (the third Monday
in January),
b. President's Day, also known as Washington's Birthday
(the third Monday in February), and
c. Veteran's Day (November 11).
SECTION 4. AMENDATORY 47 O.S. 2011, Section 14 -103, as
last amended by Section 1, Chapter 335, O.S.L. 2019 (47 O.S. Supp.
2020, Section 14-103), is amended to read as follows:
Section 14-103. A. Except as otherwise provided for by this
chapter, no vehicle, with or without load, shall have a total
outside width in excess of one hundred two (102) inches excluding:
1. Tire bulge;
2. Approved safety devices;
3. A retracted awning with a width of eight (8) inches or less
or other appurtenance of four (4) inches or less which is attached
to the side of a recreational vehicle, as defined in Section 1102 of
this title; and
4. Pins used as a safety precaution or as a load -assisting
device if the pins do not extend the overall width of th e vehicle
beyond nine (9) feet. The State of Oklahoma hereby declares it has
determined, in accordance with 23 C.F.R., Section 658.15, that such
pins are necessary for the safe and efficient operation of motor
vehicles.
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The provisions of this subsection s hall not apply to any person
engaged in the hauling of round baled hay with a total outside width
of eleven (11) feet or less when the hay is owned by such person and
is being hauled for any purpose other than resale. The provisions
of this subsection sha ll also not apply to any county official or
employee engaged in the hauling or pulling of a trailer or equipment
owned by the county on the county roads of such county.
B. Except as otherwise provided for by this chapter:
1. No vehicle, with or without l oad, shall exceed a height of
thirteen and one-half (13 1/2) feet on any county road, or fourteen
(14) feet on any turnpike, interstate, U.S. or state highway, unless
a greater height is authorized by a special permit issued by the
Commissioner of Public S afety Department of Transportation or an
authorized representative of the Commissioner in consultation with
the Department of Transportation specifying the highways to be used,
consistent with public convenience and safety. The prohibitions on
movement as prescribed in subsection F of Section 14 -101 of this
title and paragraph 1 of subsection G of Section 14 -101 of this
title shall not apply to vehicles operated pursuant to such permits;
2. An official state bridge vertical clearance map providing
clearance heights as posted for bridges on the interstate, U.S. and
state highway systems shall be available on the Oklahoma Department
of Transportation website; and
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3. Operators and owners of vehicles which exceed or have loads
which exceed thirteen and one -half (13 1/2) feet shall be held
liable for all damages to any part of structures spanning the
highway or damages suffered by other affected parties caused by the
vehicle or load exceeding the posted height ;.
C. Except as otherwise provided for by this chap ter:
1. No single truck, with or without load, shall have an overall
length, inclusive of front and rear bumpers, in excess of forty -five
(45) feet;
2. No single bus, with or without load, shall have an overall
length, inclusive of front and rear bumpers , in excess of forty -five
(45) feet;
3. a. On the National Network of Highways which includes the
National System of Interstate and Defense Highways and
four-lane divided Federal Aid Primary System Highways,
no semitrailer operating in a truck -
tractor/semitrailer combination shall have a length
greater than fifty-three (53) feet, except as provided
in subsection C of Section 14 -118 of this title which
shall apply to semitrailers exceeding fifty -three (53)
feet but not exceeding fifty -nine (59) feet six (6)
inches. On the National System of Interstate and
Defense Highways and four -lane divided Federal Aid
Primary System Highways, no semitrailer or trailer
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operating in a truck -tractor/semitrailer and trailer
combination shall have a length greater than fifty -
three (53) feet;
b. On roads and highways not a part of the National
System of Interstate and Defense Highways or four -lane
divided Federal Aid Primary System Highways, no
semitrailer operating in a truck -tractor/semitrailer
combination shall have a length greater than fifty-
three (53) feet and no semitrailer or trailer
operating in a truck -tractor/semitrailer and trailer
combination shall have a length greater than twenty -
nine (29) feet. Except as provided for in subsection
D of Section 14-118 of this title, no other
combination of vehicles shall have an overall length,
inclusive of front and rear bumpers, in excess of
seventy (70) feet on all roads and highways. For the
purposes of this paragraph, oil field rig -up trucks
shall be considered to be truck -tractors, when towing
a trailer or semitrailer;
c. On the National Network of Highways the overall length
limitation of a towaway trailer transporter
combination may exceed length restrictions up to
eighty-two (82) feet;
d. As used in this section:
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(1) The term "trailer transporter towing unit" shall
mean a power unit that is not used to carry
property when operating in a towaway trailer
transporter combination, and
(2) The term "towaway trailer transporter
combination" shall mean a combination of vehicles
consisting of a trailer transporter towing unit
and two (2) trailers or semitrailers with a total
weight that does not exceed twenty -six thousand
(26,000) pounds; and in which the trailers or
semitrailers carry no property and constitute
inventory property of a manufacturer, distributor
or dealer of such trailers or semitrailers;
4. No combination of vehicles shall consist of more than two
units, except:
a. one truck and semitrailer or truck -tractor/semitrailer
combination may tow one complete trailer or
semitrailer, or
b. vans, suburbans, blazers or other similar types of
vehicles and self-propelled recreational vehicles with
a three-quarter (3/4) ton or more rated capacity may
tow a semitrailer and one complete trailer or
semitrailer for recreational purpo ses only, provided
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the overall length, inclusive of the front and rear
bumpers, does not exceed sixty -five (65) feet;
5. Poles and gas lines used to maintain public utility
services, not to include new construction, may be moved during
daylight hours, and during nighttime hours only in an emergency,
subject to traffic and road restrictions promulgated by the
Commissioner of Public Safety Department of Transportation , when the
overall length does not exceed eighty (80) feet. When this length
is exceeded, these loads are subject to the requirements of Section
14-118 of this title;
6. For the purposes of paragraphs 1, 3 , and 4 of this
subsection, the length of unitized equipment, which is defined to be
equipment so constructed and attached to a rubber -tired vehicle that
the vehicle and load become a unit and are for all practical
purposes inseparable, shall be the length of the vehicle itself, and
shall not include any protrusion of the equipment load so
constructed or attached. The equipment shall not protr ude for a
distance greater than two -thirds (2/3) of the wheel base of the
vehicle, shall not impair the driver's vision, and if less than
seven (7) feet above the roadway, shall be safely marked, flagged or
illuminated. Any such protruding structure shall be securely held
in place to prevent dropping or swaying. Unitized equipment shall
carry such safety equipment as shall be determined to be necessary
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for the safety, health , and welfare of the driving public by the
Commissioner of Public Safety Department of Transportation;
7. For the purposes of paragraphs 1, 3 , and 4 of this
subsection, a truck-tractor, when being towed by another vehicle
with the wheels of its steering axle raised off the roadway, shall
be considered to be a semitrailer as defined in Section 1-162 of
this title;
8. The provisions of paragraphs 1 and 3 of this subsection
shall not apply to any contractor or subcontractor, or agents or
employees of any contractor or subcontractor, while engaged in
transporting material to the site of a project being constructed by,
for, or on behalf of this state or any city, town, county , or
subdivision of this state; and
9. Special mobilized machinery, as defined in Section 1102 of
this title, which exceeds the size provisions of this section shall
only use the highways of the State of Oklahoma this state by special
permit issued by the Commissioner of Public Safety Department of
Transportation or an authorized representative of the Commissioner
Department of Transportation . Such special permit shall be:
a. a single-trip permit issued under the provisions of
Section 14-116 of this title, or
b. a special annual oversize permit issued for one (1)
calendar year period upon payment of a fee of Ten
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Dollars ($10.00) plus any amount as provided by
subsection H of Section 14-118 of this title.
SECTION 5. AMENDATORY 47 O.S. 2011, Section 14 -103C, is
amended to read as follows:
Section 14-103C. A. The Commissioner of Public Safety
Department of Transportation shall upon proper applicat ion issue a
special permit to any person allowing the movement on state and
federal highways of a structure in the form of a house or building ,
including but not limited to industrialized housing as defined in
Section 14-103A of this title, not exceeding t hirty-two (32) feet in
width at the base, and thirty -four (34) feet in width at the top and
twenty-one (21) feet in height. The permit shall specify the
highways to be used, consistent with public convenience and safety,
as determined by the Commissioner of Public Safety, in consultation
with the Department of Transportation. In addition to the
prohibitions on movement as prescribed in Section 14 -101 et seq. of
this title, such structures shall not be moved on Saturday or
Sunday.
B. If any structure or h ousing described in subsection A of
this section has a width in excess of sixteen (16) feet, the towing
vehicle shall be a tandem -axle vehicle of no less than two hundred
twenty (220) horsepower.
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SECTION 6. AMENDATORY 47 O.S. 2011 , Section 14-103D, as
amended by Section 1, Chapter 269, O.S.L. 2012 (47 O.S. Supp. 2020,
Section 14-103D), is amended to read as follows:
Section 14-103D. A. No person shall transport or move a
manufactured home on any public road or highway in this sta te,
except as otherwise provided by law, without a permit issued
pursuant to the provisions of Sections 14 -103A and 14-103C of this
title and subsection B of this section, and without a current
calendar year decal or current registration or a repossession
affidavit issued pursuant to Sections 1110 and 1126 of this title.
B. In addition to the permit information required by the
provisions of Sections 14 -103A and 14-103C of this title, the permit
shall also include the following:
1. The name of the owner of the manufactured home;
2. The serial number or identification number of the
manufactured home;
3. A legal description or the physical address of the location
from which the manufactured home is to be moved;
4. A legal description or the physical addres s of the location
to which the manufactured home is to be moved; and
5. The name of the firm or individual repossessing the
manufactured home as it appears on the repossession affidavit, if
the movement is for repossession purposes and the repossession
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affidavit is being used in lieu of current license plate and decal,
as provided in subsection E of Section 1113 of this title.
C. Except as otherwise provided by law, the Department of
Public Safety Transportation shall not issue a permit to any person
to transport or move a manufactured home without a current calendar
year decal or current registration; provided:
1. Upon proof of possession of a dealer or in -transit license
plate, issued by the Oklahoma Tax Commission according to the
provisions of subsect ion D of Section 1128 of this title, the
Department of Public Safety Transportation shall issue a permit to
the holder of such license;
2. The Department of Transportation shall issue a permit to the
holder of a perfected security interest in a manufactur ed home, or a
licensed representative thereof, pursuant to a lawful repossession
of the manufactured home, if the holder or representative is bonded
by the state, to move the manufactured home to a secure location
with a repossession affidavit; provided, a ll registration fees,
excise taxes or ad valorem taxes due on such home shall be required
to be paid within thirty (30) days of the issuance of the permit;
and
3. The Department of Transportation shall issue a permit to
transport or move a manufactured ho me used for commercial purposes
during the second through the sixth day of the first month of the
following calendar year if the applicant can provide a special
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waiver and a commercial move affidavit authorized pursuant to
Section 2813 of Title 68 of the O klahoma Statutes. As used in this
paragraph, "manufactured home used for commercial purposes" means a
manufactured home owned by any lawfully recognized business entity
the primary purpose of which is to provide temporary housing for the
employees or contractors of such business entity.
D. For the purposes of subsections A and C of this section, a
manufactured home registration receipt and Manufactured Home
Registration Decal attached to a certificate of title for a
manufactured home or receipts and decal as authorized by subsection
C of Section 1117 of this title shall be evidence of payment of the
excise tax and registration fees required pursuant to the provisions
of Section 1135 of this title and the Ad Valorem Tax Code.
E. The Department of Public Safety Transportation shall notify
the Oklahoma Tax Commission, the county assessor of the county from
which the manufactured home is to be moved and the county assessor
of the county in which the manufactured home is to be moved of any
permits issued pursua nt to the provisions of this section.
SECTION 7. AMENDATORY 47 O.S. 2011, Section 14 -103E, is
amended to read as follows:
Section 14-103E. A. Upon issuance of a permit pursuant to the
provisions of Section 14 -103D of Title 47 of the Oklahoma Statutes
this title, the Department of Public Safety Transportation shall
notify the Oklahoma Tax Commission of the issuance of such permit.
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The notification shall include the permit information required by
subsection B of Section 14 -103D of Title 47 of the Oklahoma Statutes
this title.
B. Upon notification of issuance of the permit pursuant to
subsection A of this section, the Tax Commission shall notify the
county assessor of the county in which the manufactured home is to
be located, of the issuance of the permit. Such notification shall
include the permit information required by subsection B of Section
14-103D of Title 47 of the Oklahoma Statutes this title.
SECTION 8. AMENDATORY 47 O.S. 2011, Section 14 -103G, as
last amended by Section 1, Chapter 239, O.S.L. 2014 (47 O.S. Supp.
2020, Section 14-103G), is amended to read as follows:
Section 14-103G. A. 1. The Department of Public Safety
Transportation may issue an annual vehicle permit under the
provisions of this subsection to a specific vehicle, for the
movement of oversize or overweight loads that cannot reasonably be
dismantled. Unless otherwise provided by law, permits issued under
this subsection shall be subject to the conditions described in
paragraphs 2 through 8 of this subsection.
2. Oversize or overweight loads operating under an annual
vehicle permit shall not exceed:
a. twelve (12) feet in width,
b. fourteen (14) feet in height,
c. one hundred ten (110) feet in length, or
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d. one hundred twenty th ousand (120,000) pounds gross
weight.
3. Oversize or overweight loads operating under an annual
vehicle permit under this subsection shall not transport a load that
has more than a twenty -five-foot front overhang, or more than a
thirty-foot rear overhang.
4. The fee for an annual vehicle permit shall be Four Thousand
Dollars ($4,000.00) and shall be nonrefundable.
5. The annual vehicle permit shall be issued for one (1)
calendar year period and shall commence upon the date specified on
the permit.
6. An annual vehicle permit issued pursuant to this subsection
shall be nontransferable between permittees.
7. The permitted vehicle or vehicle combination shall be
registered in accordance with the provisions of Chapter 14 of this
title for maximum weight.
8. An annual vehicle permit issued pursuant to this subsection
may be transferred from one vehicle to another vehicle in the fleet
of the permittee provided:
a. the permitted vehicle is destroyed or otherwise
becomes permanently inoperable to the extent tha t the
vehicle will no longer be utilized, and the permittee
presents proof to the Department of Public Safety that
the negotiable certificate of title or other
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qualifying documentation has been surrendered to the
Department of Public Safety, or
b. the certificate of title to the permitted vehicle is
transferred to someone other than the permittee, and
the permittee presents proof to the Department of
Public Safety Transportation that the negotiable
certificate of title or other qualifying documentation
has been transferred from the permittee.
9. A permit issued for loads specific to turbine blades, used
for the purpose of wind generation, may exceed a length of one
hundred ten (110) feet.
B. 1. The Department of Public Safety Transportation may issue
an annual vehicle permit under this subsection to a specific motor
carrier, for the movement of oversize or overweight loads that
cannot reasonably be dismantled. An annual vehicle permit issued
under this subsection may be transferred from one vehicle to ano ther
vehicle in the fleet of the permittee provided:
a. that no more than one vehicle is operating at a time,
and
b. the original certified permit is carried in the
vehicle that is being operated under the terms of the
permit.
2. An annual vehicle permit issued under this subsection shall
be sent to the permittee via first -class, registered mail, or at the
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request and expense of the permittee via overnight delivery service.
The annual vehicle permit shall not be duplicated. The annual
vehicle permit shall be replaced only if:
a. the permittee did not receive the original permit
within seven (7) business days after the date of
issuance,
b. a request for replacement is submitted to the
Department of Public Safety Transportation within ten
(10) business days after the original date of issuance
of the permit, and
c. the request for replacement is accompanied by a
notarized statement signed by a principal or officer
of the permittee acknowledging that the permittee
understands the permit may not be duplicated a nd that
if the original permit is located, the permittee shall
return either the original or replacement permit to
the Department of Public Safety Transportation.
3. A request for replacement of an annual vehicle permit issued
pursuant to the provisions o f this subsection shall be denied if the
Department of Public Safety Transportation can verify that the
permittee received the original annual vehicle permit.
4. Lost, misplaced, damaged, destroyed , or otherwise unusable
annual vehicle permits shall not b e replaced. A new permit shall be
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required and shall be issued by the Department of Public Safety
Transportation.
C. 1. The Department of Public Safety Transportation may issue
an annual fleet permit under this subsection to an electric utility,
regulated by the Corporation Commission or a rural electric
cooperative solely for the movement of poles. An annual fleet
permit issued under this subsection may be used by any vehicle in
the fleet of the permittee provided that a certified copy of the
permit is carried in each vehicle that is being operated under the
terms of the permit.
2. Oversize loads operating under an annual permit issued
pursuant to this subsection shall not exceed:
a. twelve (12) feet in width,
b. fourteen (14) feet in height, or
c. fifty-five (55) feet in length.
3. The annual fee for an annual fleet permit issued pursuant to
this subsection shall be Four Thousand Dollars ($4,000.00) and shall
be nonrefundable.
4. The annual fleet permit shall be issued for a one -calendar-
year period and shall commence upon the date specified on the
permit.
5. The annual fleet permit issued under this subsection shall
be sent to the permittee via first class, registered mail, or at the
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request and expense of the permittee via overnight delivery servic e.
The annual permit shall be replaced only if:
a. the permittee did not receive the original permit
within seven (7) business days after the date of the
issuance,
b. a request for replacement is submitted to the
Department of Public Safety Transportation within ten
(10) business days after the original date of issuance
of the permit, and
c. the request for replacement is accompanied by a
notarized statement signed by an authorized person of
the permittee acknowledging that if the original
permit is located, the permittee shall either return
the original or replacement permit to the Department
of Public Safety Transportation.
6. A request for replacement of an annual permit issued under
the provisions of this subsection shall be denied if the Department
of Public Safety Transportation can verify the permittee received
the original annual permit.
7. Lost, misplaced, damaged, destroyed or otherwise unusable
annual permits shall not be replaced. A new permit shall be
required and shall be issued by the Depar tment of Public Safety
Transportation.
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8. For the purposes of paragraph 5 of subsection C of Section
14-103 of this title, the term "emergency" means any permitted
movement of poles pursuant to the provisions of this subsection that
is not for new constru ction of electric distribution facilities.
D. 1. The Department of Public Safety Transportation shall
issue an annual vehicle permit under this subsection to a
transportation company or manufacturer of portable buildings solely
for the movement of oversi ze portable buildings for a specific
manufacturer of portable buildings. An annual vehicle permit issued
under this subsection may not be transferred from one vehicle to
another vehicle in the fleet. The name of the manufacturer shall be
on the permit and on any portable building being moved. The
original certified permit shall be carried in the vehicle that is
being operated under the terms of the permit.
2. Oversize loads operating under an annual vehicle permit
issued pursuant to this subsection shal l not exceed:
a. twelve (12) feet in width at the wall with no more
than a three-inch-eave overhang, or
b. fourteen (14) feet in height.
3. The total gross weight of oversize loads operating under an
annual vehicle permit issued pursuant to this subsectio n shall not
exceed forty-five thousand (45,000) pounds.
4. The tow vehicle shall be limited to two axles, and the
vehicle identification number of the vehicle shall be on the permit.
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5. The fee for an annual vehicle permit issued pursuant to this
subsection shall be Five Hundred Dollars ($500.00) and shall be
nonrefundable.
6. An annual vehicle permit issued under this subsection shall
be sent to the permittee via first -class, registered mail, or at the
request and expense of the permittee via overnight delivery service.
The annual vehicle permit shall not be duplicated. The annual
vehicle permit shall be replaced only if:
a. the permittee did not receive the original permit
within seven (7) business days after the date of
issuance,
b. a request for replacement is submitted to the
Department of Public Safety Transportation within ten
(10) business days after the original date of issuance
of the permit, and
c. the request for replacement is accompanied by a
notarized statement signed by a principal or off icer
of the permittee acknowledging that the permittee
understands the permit may not be duplicated and that
if the original permit is located, the permittee shall
return either the original or replacement permit to
the Department of Public Safety Transportation.
7. A request for replacement of an annual vehicle permit issued
pursuant to the provisions of this subsection shall be denied if the
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Department of Public Safety Transportation can verify that the
permittee received the original annual vehicle perm it.
8. A lost, misplaced, damaged, destroyed , or otherwise unusable
annual vehicle permit shall be replaced for a fee of Twenty -five
Dollars ($25.00).
SECTION 9. AMENDATORY 47 O.S. 2011, Section 14 -109, as
last amended by Section 2, Chapter 317, O.S.L. 2019 (47 O.S. Supp.
2020, Section 14-109), is amended to read as follows:
Section 14-109. A. On any road or highway:
1. No single axle weight shall exceed twenty thousand (20,000)
pounds; and
2. The total gross weight in pounds imposed thereon by a
vehicle or combination of vehicles shall not exceed the value
calculated in accordance with the Federal Bridge formula imposed by
23 U.S.C., Section 127.
B. Except as to gross limits, the formula of this section shall
not apply to a truck-tractor and dump semitrailer when used as a
combination unit. In no event shall the maximum load in pounds
carried by any set of tandem axles exceed thirty -four thousand
(34,000) pounds. Any vehicle operating with split tandem axles or
tri-axles shall adhere to the formula.
C. Except for loads moving under special permits as provided in
this title, no department or agency of this state or any county,
city, or public entity thereof shall pay for any material that
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exceeds the legal weight limits movin g in interstate or intrastate
commerce in excess of the legal load limits of this state.
D. 1. An annual special overload permit may be purchased for
vehicles transporting rock, sand, gravel, coal, flour, timber,
pulpwood, and chips in their natural stat e, oil field fluids, oil
field equipment or equipment used in oil and gas well drilling or
exploration, and vehicles transporting grain, fertilizer,
cottonseed, cotton, livestock, peanuts, canola, sunflowers,
soybeans, feed, any other raw agricultural prod ucts, and any other
unprocessed agricultural products, if the following conditions are
met:
a. the vehicles are registered for the maximum allowable
rate,
b. the vehicles do not exceed five percent (5%) of the
gross limits set forth in subsection A of this
section,
c. the vehicles do not exceed eight percent (8%) of the
axle limits set forth in subsection A of this section,
d. no component of the vehicles exceeds the
manufacturer's component weight rating as shown on the
vehicle certification label or tag, and
e. the vehicles operating pursuant to the provisions of
this paragraph will not be allowed to operate on the
National System of Interstate and Defense Highways.
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2. Vehicles operating pursuant to this section must register
for the maximum allowable rat e and additionally shall purchase a
nontransferable annual special overload permit from the Department
of Public Safety Transportation for a fee of Three Hundred Fifty
Dollars ($350.00). All monies collected shall be deposited to the
credit of the Highway Construction and Maintenance Fund.
E. 1. Oversize or overweight vehicles used for specialized
transportation if the maximum weight does not exceed twenty -three
thousand (23,000) pounds on any single axle and:
a. is a dual lane trailer with dual lane axl es and the
width of the transport vehicle or trailer exceeds
twelve (12) feet in width, or
b. the overall gross vehicle weight of a single trailer
meets or exceeds three hundred thousand (300,000)
pounds, originates or terminates at the Tulsa Port of
Catoosa, and the trip is confined within a thirty -mile
radius of the Port.
2. Permit fees for oversize or overweight vehicles used for
specialized transportation shall be in accordance with subsection A
of Section 14-116 of this title.
3. Vehicles operating p ursuant to the provisions of this
paragraph will not be allowed to operate on the National System of
Interstate and Defense Highways.
F. Exceptions to this section will be:
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1. Utility or refuse collection vehicles used by counties,
cities, or towns or by private companies contracted by counties,
cities, or towns if the following conditions are met:
a. calculation of weight for a utility or refuse
collection vehicle shall be "Gross Vehicle Weight".
The "Gross Vehicle Weight" of a utility or refuse
collection vehicle may not exceed the otherwise
applicable weight by more than fifteen percent (15%).
The weight on individual axles must not exceed the
manufacturer's component rating which includes axle,
suspension, wheels, rims, brakes , and tires as shown
on the vehicle certification label or tag, and
b. utility or refuse collection vehicles operated under
these exceptions will not be allowed to operate on
interstate highways;
2. A combination of a wrecker or tow vehicle and another
vehicle or vehicle combina tion if:
a. the service provided by the wrecker or tow vehicle is
needed to remove disabled, abandoned , or accident-
damaged vehicles, and
b. the wrecker or tow vehicle is towing the other vehicle
or vehicle combination directly to the nearest
appropriate place of repair, terminal , or vehicle
storage facility;
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3. A vehicle operating pursuant to the provisions of paragraph
2 of this subsection will not be allowed to operate on the National
System of Interstate and Defense Highways unless it is a covered
heavy-duty tow and recovery vehicle that:
a. is transporting a disabled vehicle from the place
where the vehicle became disabled to the nearest
appropriate repair facility, and
b. has a gross vehicle weight that is equal to or exceeds
the gross vehicle weight of the disabled vehicle being
transported; and
4. On the interstate highway system a vehicle designed to be
used under emergency conditions to transport personnel and equipment
and to support the suppression of fires and mitigation of other
hazardous situations with a vehicle weight limit up to a maximum
gross vehicle weight of eighty -six thousand (86,000) pounds with
less than:
a. twenty-four thousand (24,000) pounds on a single
steering axle,
b. thirty-three thousand five hundred (33,500) pounds on
a single drive axle,
c. sixty-two thousand (62,000) pounds on a tandem axle,
or
d. fifty-two thousand (52,000) pounds on a tandem rear
drive steer axle.
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G. 1. Any vehicle utilizing an auxiliary power or idle
reduction technology unit in order to promote reduc tion of fuel use
and emissions because of engine idling shall be allowed an
additional four hundred (400) pounds total to the total gross weight
limits set by this section.
2. To be eligible for the exception provided in this
subsection, the operator of t he vehicle must obtain written proof or
certification of the weight of the auxiliary power or idle reduction
technology unit and be able to demonstrate or certify that the idle
reduction technology is fully functional.
3. Written proof or certification of the weight of the
auxiliary power or idle reduction technology unit must be available
to law enforcement officers if the vehicle is found in violation of
applicable weight laws. The additional weight allowed cannot exceed
four hundred (400) pounds or the actual proven or certified weight
of the unit, whichever is less.
H. On the Interstate Highway System, a vehicle carrying fluid
milk products shall be considered a load that cannot be easily
dismantled or divided, or "nondivisible".
I. Utility, refuse c ollection vehicles or a combination of a
wrecker or tow vehicle as described in paragraphs 1 and 2 of
subsection F of this section operating under exceptions shall
purchase an annual special overload permit from the Department of
Public Safety Transportation for One Hundred Dollars ($100.00). All
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monies collected shall be deposited to the credit of the Highway
Construction and Maintenance Fund.
SECTION 10. AMENDATORY 47 O.S. 2011, Section 14 -110, is
amended to read as follows:
Section 14-110. The registration certificate for any truck,
trailer, semitrailer or combination thereof shall be carried in or
on the vehicle at all times and shall be presented on demand of any
officer of the Department of Public Safety , Oklahoma Corporation
Commission, or any sheriff for inspection, and it shall be accepted
in any court as prima facie evidence of weight registration or
legally authorized load limit of the vehicle.
SECTION 11. AMENDATORY 47 O.S. 2011, Section 14 -111, as
amended by Section 2, Chapter 249, O.S.L. 2012 (47 O.S. Supp. 2020,
Section 14-111), is amended to read as follows:
Section 14-111. A. Any officer of the Department of Public
Safety, the Corporation Commission, any sheriff, or any salaried
deputy sheriff is authorized to stop any vehicle upon any road or
highway in order to weigh such vehicle by means of portable or
stationary scales, or cause the same to be weighed by any official
weigher, or upon any privately owned scales and may require that
such vehicles be driven to the nearest or most convenient available
scales for the purpose of weighing. Any officer weighing a vehicle
pursuant to this section by means of portable scales shall allow the
driver of the vehicle to move the vehicle to the most lev el weighing
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area available within two (2) miles of the stop. In the event that
any axle weight or the gross weight of any such vehicle be found to
exceed the maximum weight authorized by law, or by permit issued
therefor, the officer may require, in the c ase of separable loads,
the driver, operator or owner thereof to unload at the site such
portion of the load as may be necessary to decrease the weight of
such vehicle to the maximum weight authorized by law. Provided,
however, that if such load consists of livestock, perishable
merchandise, or merchandise that may be destroyed by the weather,
then the driver shall be permitted to proceed to the nearest
practical unloading point in the direction of destination before
discharging such excess cargo. All mat erial so unloaded shall be
cared for by the owner or operator of such vehicle at the risk of
such owner or operator.
B. The operator of any truck or other vehicle transporting farm
products for hire or other merchandise for hire shall have in his or
her possession a certificate carrying the following information:
name of the operator; driver license number; vehicle registration
number; Corporation Commission Department of Transportation permit
number; and statement of owner authorizing transportation of th e
products by above named operator. For the purposes of this section
"certificate" includes electronic manifests and other similar
documents that include all of the information required pursuant to
this section.
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Should the vehicle be loaded with livestock , the certificate
shall include the number of animals, and should the livestock be the
property of more than one person, a certificate signed by each owner
carrying the above information including the number of animals owned
by each owner shall be carried by the operator. Should the operator
be the owner of the merchandise or livestock, the merchandise or
livestock having just been purchased, the operator shall have in his
or her possession a bill of sale for such merchandise or livestock.
Should the operator be the owner of livestock or other farm products
produced by the operator, the operator shall be required to show
satisfactory identification and ownership of the vehicle. Any
officer as outlined in this chapter shall have the authority to stop
any vehicle loaded with livestock, merchandise or other farm
products and investigate as to the ownership of the merchandise,
livestock or other farm products. Should the operator of any
vehicle be unable to establish to the satisfaction of the officer
the ownership of the merchandise, livestock or other products, or
shall not have the certificate as specified in this section for the
transportation of such merchandise, livestock or other farm
products, the merchandise, livestock or other farm products and the
vehicle in which they are being transported shall be impounded by
the officer and any expense as to the care of any livestock shall be
the responsibility of the owner or operator of the vehicle, and any
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loss or damage of the merchandise, livestock or other farm products
shall be the responsibility of the operator or owner, or both.
The provisions of this subsection shall not apply to a person
who is transporting horses or livestock; provided, the person shall
not have been hired to transport the horses or li vestock.
SECTION 12. AMENDATORY 47 O.S. 2011, Section 14 -113, is
amended to read as follows:
Section 14-113. The Director of the Department of
Transportation with respect to highways on the state highway system,
or local authorities with respect to highways under their
jurisdiction, as defined in Title 69 of the Oklahoma Statutes, may
prohibit the operation of vehicles on any such highways, or impose
restrictions as to the weights of vehicles to be operated upon any
state or federal highway or any detour established for such
highways, or for any bridge located upon such highways or detours,
whenever any such highway, detour or bridge by reason of
deterioration, rain, snow or other climatic conditions will be
seriously damaged or des troyed unless the use of vehicles thereon is
prohibited or the permissible weight reduced. Such restrictions
shall be effective when signs giving notice thereof are erected upon
the highway, detour, bridge , or portion thereof affected by such
action, and the Department of Public Safety has been notified . The
purpose of this provision with respect to local authorities is to
give such authorities an opportunity to prevent or minimize an
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immediate threat of serious harm or destruction to any highway,
detour or bridge under their jurisdiction due to rain, snow or other
climatic conditions. Nothing stated herein shall be construed to
grant local authorities the right to issue permits designed to
regulate the use of overweight vehicles upon highways subject to
their jurisdiction, and the issuance of such permits is expressly
prohibited.
SECTION 13. AMENDATORY 47 O.S. 2011, Section 14 -116, as
last amended by Section 3, Chapter 373, O.S.L. 2016 (47 O.S. Supp.
2020, Section 14-116), is amended to read as follows:
Section 14-116. A. The Commissioner of Public Safety
Department of Transportation shall charge a minimum permit fee of
Forty Dollars ($40.00) for any permit issued pursuant to the
provisions of Section 14 -101 et seq. of this title . In addition to
the permit fee, the Commissioner Department of Transportation shall
charge a fee of Ten Dollars ($10.00) for each thousand pounds in
excess of the legal load limit. The Commissioner of Public Safety
Department of Transportation shall establish any necessary rules for
collecting the fees.
B. The Department of Public Safety Transportation is authorized
to establish an escrow account system for the payment of permit
fees. Authorized motor carriers meeting established credit
requirements may participate in the escrow account system for
permits purchased from all size and weight permit offices in this
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state. Carriers not choosing to participate in the escrow account
system shall be required to make payment of the required fee or fees
upon purchase of each permit as required by law. All monies
collected through the escrow account system shall be deposited to a
special account of the Department of Public Safety Transportation
and placed in the custody of the State Treasurer. Proceeds from
permits purchased using the escrow account system shall be
distributed as provided for in subsection H of this section.
However, fees collected through such accounts for the electronic
transmission, transfer or delivery of permits, as provided for in
Section 14-118 of this title, shall be credited to the Department of
Public Safety Restricted Revolving Fund Transportation Weigh Station
Improvement Revolving Fund .
C. 1. Application for permits shall be made a reasonable time
in advance of the expected time o f movement of such vehicles. For
emergencies affecting the health or safety of persons or a
community, permits may be issued for immediate movement.
2. Size and weight permit offices in all districts where
applicable shall issue permits to authorize carr iers by telephone
during weekdays.
D. No overweight permit shall be valid until all license taxes
due the State of Oklahoma have been paid.
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E. No permit violation shall be deemed to have occurred when an
oversize or overweight movement is made pursuant t o a permit whose
stated weight or size exceeds the actual load.
F. Any permit issued for a truck or truck -tractor operating in
combination with a trailer or a semitrailer shall contain only the
license plate number for the truck or truck -tractor if the permittee
provides to the Department of Transportation a list containing the
license plate number, and such other information as the Department
of Transportation may prescribe by rule, for each trailer or
semitrailer which may be used for movement with the p ermit. When
the permittee provides the list described in this subsection, the
license plate number for any trailer or semitrailer to be moved with
the permit shall not be included on the permit; provided, a trailer
or semitrailer which is not on the list shall not be authorized to
be used for movement with the permit. It shall be the
responsibility of the permittee to ensure the list provided to the
Department of Transportation is maintained and updated with any
fleet changes. The Department of Transportation shall adopt any
rules deemed necessary to administer the provisions of this
subsection.
G. The first deliverer of motor vehicles designated truck
carriers or well service carriers manufactured in Oklahoma shall not
be required to purchase an overwei ght permit when being delivered to
the first purchaser.
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H. Except as provided in Section 14 -122 of this title, the
first One Million Two Hundred Sixteen Thousand Dollars
($1,216,000.00) of proceeds from both the permit fees and the
overweight permit fees imposed pursuant to subsection A of this
section collected monthly shall be apportioned as provided in
Section 1104 of this title . For the fiscal year beginning July 1,
2016, and ending June 30, 2017, the next Two Million One Hundred
Fifty Thousand Dollar s ($2,150,000.00) of proceeds from both the
permit fees and the overweight permit fees imposed pursuant to
subsection A of this section collected monthly shall be remitted to
the Department of Public Safety for the purpose of training the
Department of Public Safety port of entry officers whose powers and
duties shall be specified by the Department of Public Safety through
the promulgation of rules . For the fiscal year beginning July 1,
2017, and all subsequent years, the next One Million Five Hundred
Thousand Dollars ($1,500,000.00) of proceeds from both the permit
fees and the overweight permit fees imposed pursuant to subsection A
of this section collected monthly shall be remitted to the
Department of Public Safety for the purpose of staffing the port o f
entry weigh stations with Department of Public Safety port of entry
officers whose powers and duties shall be specified by the
Department of Public Safety through the promulgation of rules . For
the fiscal year beginning July 1, 2016, and ending June 30, 2017,
all proceeds collected from both the permit fees and the overweight
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permit fees imposed pursuant to subsection A of this section in
excess of Three Million Three Hundred Sixty -six Thousand Dollars
($3,366,000.00) shall be deposited in the Weigh Stat ion Improvement
Revolving Fund as provided in Section 1167 of this title for the
purpose set forth in that section and may be used for motor carrier
permitting systems and motor carrier safety and enforcement . For
the fiscal year beginning July 1, 2017, a nd all subsequent years,
all proceeds collected from both the permit fees and the overweight
permit fees imposed pursuant to subsection A of this section in
excess of Two Million Seven Hundred Sixteen Thousand Dollars
($2,716,000.00) shall be deposited in the Weigh Station Improvement
Revolving Fund as provided in Section 1167 of this title for the
purpose set forth in that section and may be used for motor carrier
permitting systems and motor carrier safety and enforcement.
SECTION 14. AMENDATORY 47 O.S. 2011, Section 14 -116a, is
amended to read as follows:
Section 14-116a. Any person, firm, or corporation who moves or
transports any load or manufactured home without a permit issued by
the Department of Public Safety Transportation as required by the
provisions of this chapter shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished as follows:
1. For the first such violation, by a fine of Five Hundred
Dollars ($500.00);
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2. For the second such violatio n, by a fine of One Thousand
Dollars ($1,000.00); and
3. For the third and subsequent violations, by a fine of not
less than One Thousand Dollars ($1,000.00) nor more than Five
Thousand Dollars ($5,000.00).
The permit shall be carried by the operator of t he vehicle
moving or transporting the load or manufactured home and shall be
available for inspection by any law enforcement officer. If said
operator is found not to possess a permit, the load or manufactured
home shall not continue to be moved or transp orted. Thereafter, the
load or manufactured home shall not be moved or transported further
except by the operator of a vehicle moving or transporting the load
or manufactured home who is in possession of a permit authorizing
the movement of the load or ma nufactured home.
SECTION 15. AMENDATORY 47 O.S. 2011, Section 14 -118, as
last amended by Section 2, Chapter 239, O.S.L. 2014 (47 O.S. Supp.
2020, Section 14-118), is amended to read as follows:
Section 14-118. A. 1. Pursuant to such rules as may be
prescribed by Oklahoma agencies of jurisdiction, Oklahoma motor
carriers may engage in any activity in which carriers subject to the
jurisdiction of the federal government may be authorized by federal
legislation to engage. Provided f urther, the Transportation
Commission shall formulate, for the State Trunk Highway System ,
including the National System of Interstate and Defense Highways,
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and for all other highways or portions thereof, rules governing the
movement of vehicles or loads w hich exceed the size or weight
limitations specified by the provisions of this chapter.
2. Such rules shall be the basis for the development of a
system by the Commissioner of Public Safety Department of
Transportation for the issuance of permits for the movement of
oversize or overweight vehicles or loads. Such system shall
include, but not be limited to, provisions for duration, seasonal
factors, hours of the day or days when valid, special requirements
as to flags, flagmen and warning or safety devices , and other such
items as may be consistent with the intent of this section. The
permit system shall include provisions for the collection of permit
fees as well as for the issuance of the permits by telephone,
electronic transfer or such other methods of issuance as may be
deemed feasible.
3. The Department of Public Safety Transportation is authorized
to charge a fee of Two Dollars ($2.00) for each permit requested to
be issued by facsimile machine or by any other means of electronic
transmission, transfer or delivery. The fee shall be in addition to
any other fee or fees assessed for the permit. The fee shall be
deposited in the State Treasury to the credit of the Department of
Public Safety Restricted Revolving Fund Transportation and the
monies shall be expended by the Department solely for the purposes
provided for in this chapter.
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4. It is the purpose of this section to permit the movement of
necessary overweight and oversize vehicles or loads consistent with
the following obligations:
a. protection of the motoring public from potential
traffic hazards,
b. protection of highway surfaces, structures , and
private property, and
c. provision for normal flow of traffic with a minimum of
interference.
B. The Transportation Commission shall prepare and p ublish a
map of the State of Oklahoma this state showing by appropriate
symbols the various highway structures and bridges in terms of
maximum size and weight restrictions. This map shall be titled
"Oklahoma Load Limit Map" and shall be revised periodical ly to
maintain a reasonably current status and in no event shall a period
of two (2) years lapse between revisions and publication of the
printed version of the Oklahoma Load Limit Map. This map shall also
be made available by the Department of Transporta tion on the
Internet, and in no event shall a period of six (6) months lapse
between revisions of the information provided on the Internet.
Provided, further, the Secretary of the Department of Transportation
shall prepare and publish a map of the State of Oklahoma this state
showing the advantages of this state as a marketing, warehousing and
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distribution network center for motor transportation sensitive
industries.
C. The Commissioner of Public Safety Department of
Transportation, or an authorized repre sentative, shall have the
authority, within the limitations formulated under provisions of
this chapter, to issue, withhold or revoke special permits for the
operation of vehicles or combinations of vehicles or loads which
exceed the size or weight limitat ions of this chapter. Every such
permit shall be carried in the vehicle or combination of vehicles to
which it refers and shall be open to inspection by any law
enforcement officer or authorized agent of any authority granting
such permit, and no person s hall violate any of the terms or
conditions of such special permit.
D. It shall be permissible in the transportation of empty
trucks on any road or highway to tow by use of saddlemounts; i.e.,
mounting the front wheels of one vehicle on the bed of another
leaving the rear wheels only of such towed vehicle in contact with
the roadway. One vehicle may be fullmounted on the towing or towed
vehicles engaged in any driveaway or towaway operation. No more
than three saddlemounts may be permitted in such combin ations. The
towed vehicles shall be securely fastened and operated under the
applicable safety requirements of the United States Department of
Transportation and such combinations shall not exceed an overall
length of seventy-five (75) feet. Provided, a driveaway saddlemount
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with fullmount vehicle transporter combination may reach an overall
length of ninety-seven (97) feet on the National Network of
Highways.
E. The Commissioner of Public Safety Department of
Transportation, upon application of any pers on engaged in the
transportation of forest products in the raw state, which is defined
to be tree-length logs moving from the forest directly to the mill,
or upon application of any person engaged in the hauling for hire or
for resale, of round baled hay w ith a total outside width of eleven
(11) feet or less, shall issue an annual permit, upon payment of a
fee of Twenty-five Dollars ($25.00) each year, authorizing the
operation by such persons of such motor vehicle load lengths and
widths upon the highways of this state except on the National System
of Interstate and Defense Highways. Provided, however, the
restriction on use of the National System of Interstate and Defense
Highways shall not be applicable to persons engaged in the hauling
of round baled hay with a total outside width of eleven (11) feet or
less.
F. The Commissioner of Public Safety Department of
Transportation, upon application of any person engaged in the
transportation of overwidth or overheight equipment used in soil
conservation work with a total outside width of twelve (12) feet or
less, shall issue an annual permit, upon payment of a fee of Twenty -
five Dollars ($25.00) each year, authorizing the operation by such
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persons of such motor vehicle load lengths and widths upon the
highways of this state except on the National System of Interstate
and Defense Highways.
G. Farm equipment including, but not limited to, implements of
husbandry as defined in Section 1 -125 of this title shall be
exempted from the requirement for special permits d ue to size. Such
equipment may move on any highway, except those highways which are
part of the National System of Interstate and Defense Highways,
during the hours of darkness and shall be subject to the
requirements as provided in Section 12 -215 of this title. In
addition to those requirements, tractors pulling machinery over
thirteen (13) feet wide must have two amber flashing warning lamps
symmetrically mounted, laterally and widely spaced as practicable,
visible from both front and rear, mounted at l east thirty-nine (39)
inches high.
H. Any rubber-tired road construction vehicle including rubber -
tired truck cranes and special mobilized machinery either self -
propelled or drawn carrying no load other than component parts
safely secured to the machinery and its own weight, but which is
overweight by any provisions of this chapter, shall be authorized to
move on the highways of the State of Oklahoma this state. Movement
of such vehicles shall be authorized on the Federal Interstate
System of Highways onl y by special permit secured from the
Commissioner of Public Safety Department of Transportation or an
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authorized representative upon determination that the objectives of
this section will be served by such a permit and that federal weight
restrictions will not be violated. The special permit shall be:
1. A single-trip permit issued under the provisions of this
section and Section 14 -116 of this title; or
2. A special annual overweight permit which shall be issued for
one calendar year period upon payment of a fee of Sixty Dollars
($60.00).
The weight of any such vehicle shall not exceed six hundred
fifty (650) pounds multiplied by the nominal width of the tire. The
vehicle shall be required to carry the safety equipment adjudged
necessary for the health and welfare of the driving public. If any
oversized vehicle does not come under the other limitations of the
present laws, it shall be deemed that the same shall travel only
between the hours of sunrise and sunset. The vehicle, being
overweight but of le gal dimension, shall be allowed continuous
travel. The vehicles, except special mobilized machinery, shall be
exempt from the laws of this state relating to motor vehicle
registration, licensing or other fees or taxes in lieu of ad valorem
taxes.
I. 1. When such machinery has a width greater than eight and
one-half (8 1/2) feet, or a length, exclusive of load, of forty -five
(45) feet, or a height in excess of thirteen and one -half (13 1/2)
feet, then the permit may restrict movement to a fifty -mile radius
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from an established operating base, and may designate highways to be
traveled, hours of travel and when flagmen may be required to
precede or follow the equipment.
2. Possession of a permit shall in no way be construed as
exempting such equipment from t he authority of the Director of the
Department of Transportation to restrict use of particular highways,
nor shall it exempt owners or operators of such equipment from the
responsibility for damage to highways caused by movement of the
equipment. Nothing in this subsection shall apply to machinery used
in highway construction or road material production.
3. Upon the issuance of a special mobilized machinery driveaway
permit as provided in this subsection, special mobilized machinery
manufactured in Oklaho ma shall be permitted to move upon the
highways of this state from the place of manufacture to the state
line for delivery and exclusive use outside the state, and may be
temporarily returned to Oklahoma for modification and repair, with
subsequent movement back out of the state. Special driveaway
permits for such movements shall be issued by the Commissioner of
Public Safety Department of Transportation , who may act through
designated agents, upon the payment of a fee in the amount of
Fifteen Dollars ($15 .00) for each movement.
4. The size of the special mobilized machinery shall not be
such as to create a safety hazard in the judgment of the
Commissioner of Public Safety Department of Transportation . Permits
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for such special mobilized machinery shall sp ecify a maximum
permissible road speed of sixty (60) miles per hour, designate
safety equipment to be carried and may exclude use of highways of
the interstate system.
5. When such equipment has a width greater than eight and one -
half (8 1/2) feet, or a l ength exclusive of load of forty -five (45)
feet, or a height in excess of thirteen and one -half (13 1/2) feet,
the permit may designate highways to be traveled, hours of travel
and when flagmen may be required to precede or follow the equipment.
6. Possession of a special driveaway permit shall in no way be
construed as exempting such equipment from the authority of the
Director of the Department of Transportation to restrict use of
particular highways, nor shall it exempt the owners or operators of
such equipment from the responsibility for damage to highways caused
by the movement of such equipment.
SECTION 16. AMENDATORY 47 O.S. 2011, Section 14 -118.1,
is amended to read as follows:
Section 14-118.1 The Department of Transportat ion is authorized
to enter into agreements with governmental entities outside this
state for the issuance of regional and national oversize and
overweight permits for single -trip nondivisible loads. The
Commissioner of Public Safety Department of Transpor tation shall
adopt rules necessary to implement the agreements and shall issue
multi-state permits for single -trip nondivisible loads in accordance
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with the terms of the agreements and shall receive and remit permit
fees from a Department of Public Safety Transportation special
account in accordance with the agreements and state law.
SECTION 17. AMENDATORY 47 O.S. 2011, Section 14 -120, is
amended to read as follows:
Section 14-120. A. Manufactured items, with the exception of
manufactured homes as defined in Section 1102 of this title and
industrialized housing as defined in subsection B of Section 14 -103A
of this title, exceeding sixteen (16) feet but not exceeding twenty -
three (23) feet in width traveling:
1. From a point of man ufacture in the State of Oklahoma this
state to a point of delivery in the State of Oklahoma this state or
to a point of delivery in another state; or
2. From a point of manufacture outside the State of Oklahoma
this state to a point of delivery in the State of Oklahoma this
state or to a point of delivery in another state shall be permitted,
upon receipt of a special movement permit issued under the
provisions of subsection B of this section, to travel on any state
or U.S. highway in Oklahoma. Provided, however, the Commissioner of
Public Safety Department of Transportation is authorized to allow
such items in excess of twenty -three (23) feet in width to travel on
such highway if it is in the best interest of the state and a
special moving permit has been issued. Provided, further, that no
such load in excess of the limitations set forth in the applicable
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United States Code shall be permitted to travel upon any portion of
the National System of Interstate and Defense Highways.
B. Every person desiring to transport manufactured items
pursuant to the provisions of this section shall apply to the
Department of Public Safety Transportation for a special movement
permit on an application form prescribed by the Department. Upon
approval of the application by t he Department of Transportation, a
special movement permit shall be issued for a fee of Five Hundred
Dollars ($500.00). Except as provided in Section 4 of this act 14-
122 of this title, monies received from such special movement permit
fees shall be deposited in the State Treasury to the credit of the
General Revenue Fund. A permit issued pursuant to the provisions of
this subsection shall expire upon the completion of one trip
specified in subsection A of this section. The special movement
permit, and fee related thereto, shall be in addition to the permit
and fees required by Section 14 -116 of this title.
C. Highway escorts shall be required for transportation of
items pursuant to the provisions of this section according to rules
and regulations prescr ibed by the Department of Public Safety
Transportation.
SECTION 18. AMENDATORY 47 O.S. 2011, Section 14 -120.1,
is amended to read as follows:
Section 14-120.1 A. Any vehicle or combination of vehicles
with an outside width that e xceeds twelve (12) feet operating on
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highways in the state , including the National System of Interstate
and Defense Highways , shall, in addition to being in compliance with
provisions of Section 14 -101 et seq. of this title, be accompanied
by an escort vehicle or vehicles, as prescribed by the Department of
Public Safety Transportation.
B. No person shall operate an escort vehicle for hire, as
required by this section, unless the person has been certified by
the Department of Public Safety Transportation as an escort vehicle
operator.
C. Any person not required to be certified by the Department of
Public Safety Transportation as an escort vehicle operator may tow a
trailer when escorting a manufactured home. Such trailer shall not
exceed eight and one -half (8 1/2) feet in width and twenty (20) feet
in length with siding not to exceed four (4) feet in height measured
from the bed of the trailer.
The trailer may only be used to transport supplies and equipment
necessary to carry out the mission of escort veh icle operators.
D. The Commissioner of Public Safety Department of
Transportation shall promulgate rules for the certification of
operators of escort vehicles and the use of escort vehicles, as
required by this section.
E. The Commissioner of Public Safe ty Department of
Transportation is hereby authorized to enter into reciprocal
compacts and agreements with other states for the purpose of
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recognizing escort vehicle operator certifications issued by those
states.
SECTION 19. AMENDATORY 47 O.S. 2011, Section 14 -120.2,
as amended by Section 12, Chapter 283, O.S.L. 2012 (47 O.S. Supp.
2020, Section 14-120.2), is amended to read as follows:
Section 14-120.2 A. Every person required by the Department of
Transportation, the Oklahoma Tu rnpike Authority, or any federal
agency or commission to have a law enforcement escort provided by
the Oklahoma Highway Patrol Division of the Department of Public
Safety for the transport of any oversized load or hazardous shipment
by road or rail shall p ay to the Department of Public Safety
Transportation a fee covering the full cost to administer, plan , and
carry out the escort within this state.
B. If the Highway Patrol provides an escort to accompany the
transport of an oversized load or hazardous shi pment by road or rail
at the request of any person that is not required to have a law
enforcement escort pursuant to subsection A of this section, then
the requestor shall pay to the Department of Public Safety
Transportation a fee covering the full cost t o administer, plan, and
carry out the escort within this state.
C. The Department of Public Safety Transportation shall adopt a
schedule of fees necessary to implement this section.
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D. All fees collected by the Department pursuant to this
section shall be deposited to the credit of the Department of Public
Safety Transportation Restricted Revolving Fund.
SECTION 20. AMENDATORY 47 O.S. 2011, Section 14 -121, is
amended to read as follows:
Section 14-121. A. No person shall operate a special
combination vehicle within this state without a special combination
vehicle permit for the vehicle issued by the Department of Public
Safety Transportation. Such permit may be issued for operation upon
Federal Aid Interstate Highways or four -lane divided Federal Aid
Primary Highways and for access or egress between points of origin
or destination.
B. The Commissioner of Public Safety Department of
Transportation shall promulgate rules for the issuance of special
combination vehicle permits and shall collect an annual fee of Two
Hundred Forty Dollars ($240.00) for each such permit issued. Except
as provided in Section 4 of this act, fees collected pursuant to
this section shall be remitted to the State Treasurer to be credited
to the General Revenue Fund in the State Treasury.
C. For the purposes of this section, a special combination
vehicle shall consist of a truck -tractor semitrailer combination
towing two complete trailers or semitrailers. No semitrailer or
trailer used in such a combinatio n shall have a length greater than
twenty-nine (29) feet nor shall a special combination vehicle exceed
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the weight limitations imposed by Sections 14 -109 and 14-116 of this
title.
SECTION 21. AMENDATORY Section 1, Chapter 53, O.S.L .
2018 (47 O.S. Supp. 2020, Section 14 -126), is amended to read as
follows:
Section 14-126. A. As used in this section:
1. "Affected area" means the entire width of the right -of-way
of the route extended to a height of twenty -three (23) feet above
the roadway;
2. "High-wide load" means a motor vehicle transporting property
on any portion of a route where the vehicle exceeds the limitations
on size imposed by Section 14 -103 of Title 47 of the Oklahoma
Statutes this title and no portion of the motor vehic le or the
transported property has a greater width than twenty -eight (28) feet
or a greater height than twenty -three (23) feet; and
3. "Political subdivision" means a city, village, town or
county.
B. The following routes through Oklahoma are designated as
Oklahoma high-wide corridors:
1. US-83, commencing at the Texas border and ending at the
Kansas border; and
2. a. commencing at the intersection of US -83 and US-270,
proceeding east on US -270 to SH-51,
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b. at the intersection of US -270 and SH-51, proceeding
east on SH-51 to US-77,
c. at the intersection of SH -51 and US-77, proceeding
north on US-77 to US-64,
d. at the intersection of US -77 and US-64, proceeding
east on US-64 to SH-108,
e. at the intersection of US -64 and SH-108, proceeding
south on SH-108 to SH-51,
f. at the intersection of SH -108 and SH-51, proceeding
east on SH-51 to SH-97, and
g. at the intersection of SH -51 and SH-97, proceeding
north on SH-97 and ending at East 21st Street; and
3. a. commencing at the intersection of SH -51 and SH-99,
proceeding north on SH -99 to US-60,
b. at the intersection of SH -99 and US-60, proceeding
west on US-60 to SH-18, and
c. at the intersection of US -60 and SH-18, proceeding
north on SH-18 and ending at the Kansas border; and
4. a. US-169, commencing at the Kansas border and proceeding
south on US-169 to SH-266, and
b. at the intersection of US -169 and SH-266, proceeding
east on SH-266 and ending at SH -66; and
5. a. commencing at the intersection of SH -51 and SH-351,
proceeding south and east on SH -51 to US-69,
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b. at the intersection of SH -51 and US-69, proceeding
north on US-69 to US-60, and
c. at the intersection of US -69 and US-60 (2.5 mi. NE of
Afton), proceeding east on US -60 and ending at the
Arkansas border; and
6. US-183, commencing at the Texas bord er and proceeding north
on US-183 and ending at the intersection of SH -51; and
7. a. commencing at the intersection of US -183 and SH-9,
proceeding east on SH -9 to SH-146,
b. at the intersection of SH -9 and SH-146, proceeding
north on SH-146 to SH-152,
c. at the intersection of SH -146 and SH-152, proceeding
east on SH-152 to US-81,
d. at the intersection of SH -152 and US-81, proceeding
south on US-81 to SH-37,
e. at the intersection of US -81 and SH-37, proceeding
east on SH-37 to SH-4,
f. at the intersection of SH-37 and SH-4, proceeding
north on SH-4 to SH-152, and
g. at the intersection of SH -152 and SH-4, proceeding
east on SH-152 and ending at MacArthur Boulevard; and
8. a. commencing at the intersection of US -270 and US-412,
proceeding east on US -412 to SH-132,
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b. at the intersection of US -412 and SH-132, proceeding
north on SH-132 to SH-45,
c. at the intersection of SH -132 and SH-45, proceeding
east on SH-45 to US-64,
d. at the intersection of SH -45 and US-64, proceeding
north on US-64 to US-60,
e. at the intersection of US -64 and US-60, proceeding
east on US-60 to SH-74,
f. at the intersection of US -60 and SH-74, proceeding
south on SH-74 to SH-15,
g. at the intersection of SH -74 and SH-15, proceeding
east on SH-15 to US-77,
h. at the intersection of SH -15 and US-77, proceeding
south on US-77 to SH-15,
i. at the intersection of US -77 and SH-15, proceeding
east on SH-15 to US-177,
j. at the intersection of SH -15 and US-177, proceeding
south on US-177 to US-64,
k. at the intersection of US -177 and US-64, proceeding
east on US-64 to SH-108, and
l. at the intersection of US -64 and SH-108, proceeding
south on SH-108 and ending at SH -51.
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C. No person shall operate a high -wide load on the route
described without a permit from the Department of Public Safety
Transportation.
D. Exclusive of incorporated municipal limits, no person may
install any structure within the affected area without a permit from
the Department of Transportation.
E. Upon the effective date of this section, and exclusive of
incorporated municipal limits, no person may do any of the following
within the affected area:
1. Install any permanent structure without the authorization of
the Department of Transportation; or
2. Take any action that would make any portion of the affected
area permanently unavailable for use by a high -wide load.
F. The Department of Transportation shall create additional
design standards for improvements to the Oklahoma high -wide routes
to prevent interference from permanent structures. These standards
shall:
1. Maintain a minimum eighteen feet and zero inches (18' -0")
vertical clearance above the road surface for all future overhead
obstructions. Where bridges cross over the Oklahoma high -wide
routes, they shall be designed, where possible, to allow for high -
wide loads to quickly egress and ingress around the bridge utilizing
on- and off-ramps;
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2. Require all future overhead signage to be of cantilever
design, where possible, to allow high -wide loads to shift lanes to
prevent interference; and
3. Require all futur e bridge design or construction on the
Oklahoma high-wide routes to accommodate a three hundred fifteen
thousand (315,000) pound gross vehicle weight, single -lane design
vehicle.
G. Political subdivisions in which any portion of the Oklahoma
high-wide route is located shall attempt to reach agreements among
the affected parties and with persons using the high -wide route for
high-wide loads regarding the allocation of costs and provision of
services related to removing permanent structures that interfere
with the use of any portion of the affected area by high -wide loads.
H. Political subdivisions in which any portion of the Oklahoma
high-wide route is located shall attempt to reach agreements among
the affected parties and with persons using the high -wide route for
high-wide loads to provide timely vehicle escorts for persons using
the high-wide route for high-wide loads.
SECTION 22. AMENDATORY 47 O.S. 2011, Section 161A, is
amended to read as follows:
Section 161A. A. This act sh all be known and may be cited as
the "Household Goods Act of 2009 Safe Highway Commerce Act ". The
purpose of this act is to regulate intrastate transportation by
motor carriers of household goods in such manner as to establish
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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, except as specifically limited
herein, shall apply to the intrastate transportation of household
goods by motor carriers over public highways of this state; and the
regulations of such transportation, and the procurement thereof and
the provisions of facilities therefor, are hereby vested in the
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 required 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 shall be construed to interfere with the
exercise by agencies of the government of the United States of its
power of regulation of interstate commerce.
C. As used in this act:
1. "Commission" "Department" means the Corporation Commission
Department of Public Safety ;
2. "Corporate family" means a group of corporations consisting
of a parent corporation and all subsidiaries in which the parent
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corporation owns directly or indirectly one hundred percent (100%)
interest;
3. "Household goods" means used personal effects and property
of a dwelling;
4. "Household goods certificate" means a certificate of
authority issued by the Corporation Commission Department of Public
Safety to transport household goods within this state;
5. "Intercorporate hauling" means the transportation of
household goods, by motor vehicle, for compensation, by a carrier
which is a member of a corporate family, as defined in this section,
when the transportation for compensation is provided for other
members of the corporate family;
6. "Motor carrier of household goods" means a person
transporting household goods for compensation or other
consideration, with an origin and destination within this state;
7. "Motor vehicle" means any automobile, truck, truck -tractor,
trailer or semitrailer or any motor bus or self -propelled vehicle
not operated or driven upon fixed rails or tracks;
8. "Person" means any individual, firm, copartnership, limite d
partnership, corporation, limited liability corporation, company,
association, or joint-stock association and includes any trustee,
receiver, assignee, or personal representative thereof; and
9. "Public highway" means every public street, road, highway ,
or thoroughfare in this state, used by the public, whether actually
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dedicated to the public and accepted by the proper authorities or
otherwise.
D. The terms and provisions of this act shall apply to commerce
with foreign nations, or commerce among the s everal states of this
Union, insofar as such application may be permitted under the
provisions of the Constitution of the United States and the Acts of
Congress.
SECTION 23. 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 motor carrier of household
goods;
2. Protect the shipping and general 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 weight laws and safety requirements;
4. Supervise and regulate such motor carriers in all other
matters affecting the relationship between such carriers and the
traveling and shipping public including, but not limited to,
consumer protection measures and loss and damage claim procedures;
and
5. Enforce the provisions of this act.
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B. The Commission Department is authorized to promulgate rules
applicable to persons transporting household goods.
C. 1. The Commission Department is authorized to administer a
hazardous material transportation registration and permitting
program for motor carriers engaged in transporting haza rdous
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 this subsection. Rules promulgated
pursuant to this subsection shall be consistent wit h, and equivalent
in scope, coverage, and content to requirements applicable to
operators of vehicles transporting hazardous materials contained in
the report submitted to the Secretary of the United States
Department of Transportation, pursuant 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 delegation 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 carriers, perta ining to
carrier registration, operation of equipment and filing of proper
proof of liability insurance.
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SECTION 24. AMENDATORY 47 O.S. 2011, Section 162.1, is
amended to read as follows:
Section 162.1 The Corporation Commission Department of Public
Safety is authorized to promulgate rules 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 hol ding intrastate authority as set
forth in the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA -LU), Subtitle C-Unified
Carrier Registration Act of 2005.
SECTION 25. AMENDATORY 47 O.S. 20 11, Section 163, is
amended to read as follows:
Section 163. A. No person shall transport household goods for
compensation or other consideration in intrastate commerce without a
valid certificate issued by the Corporation Commission Department of
Public Safety.
B. The Commission Department shall promulgate rules ensuring
consumer protection and loss and damage claim procedures.
C. Every motor carrier, subject to this act, receiving
household goods for transportation in intrastate commerce shall
issue a receipt or bill of lading therefor, the form of which shall
be prescribed by the Commission Department.
D. Record-keeping documents, as required by the Commission
Department, shall be maintained by the motor carrier of household
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goods for a minimum of th ree (3) years. The Commission Department
is authorized to require certain 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 or the Commission's Department's
rules pursuant thereto may 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 for the second violation
within a year a penalty not to exceed Five Thousand Dollars
($5,000.00).
SECTION 26. AMENDATORY 47 O.S. 2011, Section 165, is
amended to read as follows:
Section 165. A. Upon the filing 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 of an
application to register interstate authority, or supplement thereto,
the applicant shall pay the Commission Department a filing fee as
established by the Commission Department and in full compliance with
applicable federal laws.
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C. The Commission Department shall, upon the receipt of any
such fee, deposit the same in the State Treasury to the credit of
the Corporation Commission Revolving Trucking One-Stop Shop Fund.
SECTION 27. AMENDATORY 47 O.S. 2011, Section 166, is
amended to read as follows:
Section 166. A. It is hereby declared unlawful for any person
to transport household goods in intrastate commerce without a valid
certificate issued by the Corporation Commission Department of
Public Safety.
B. Motor carriers engaged in intercorporate hauling must obtain
a certificate in the motor carrier's name.
C. Applicants for intrastate authority to transport household
goods shall file an application as required by this act and as
prescribed by the Commission Department. A household goods
certificate shall be issued to the applicant upon completion of all
requirements.
D. The Commission Department may consider any written protests
or written complaints filed prior to granting or renewin g 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 assigned or
transferred.
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F. The Commission Department shall exercise any additional
power that may from time to time be conferred upon the state by any
Act of Congress.
G. The Commission Department shall adopt rules prescribing the
manner and form in which motor carriers shall apply for a household
goods certificate.
SECTION 28. 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 provisions
of Section 18 through Section 34, inclusive, of Article IX of the
Constitution of the State of Oklahoma, then, to the extent of an y
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 29. 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
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type of equipment used by authorized carriers in the transportation
of household goods;
3. "Owner" means a person to whom title to equipment has been
issued, or who, without title, has the right to exclusive use of
equipment for a period longer than thirty (30) days;
4. "Lease" means a contract or arrangement in which the owner
grants the use of equipment, with or without driver, for a specified
period to an authorized carri er for use in the regulated
transportation of household goods in exchange for compensation;
5. "Lessor", in a lease, means the party granting the use of
equipment with or without driver to another;
6. "Lessee", in a lease, means the party acquiring the u se 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 trans ported in intrastate commerce in this state.
B. An authorized carrier may perform authorized transportation
in equipment it does not own only under the following conditions:
1. There shall be a written lease granting the use of the
equipment and meeting the requirements as set forth in subsection C
of this section;
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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 subsection B of this
section shall contain t he following provisions. The required lease
provisions shall be adhered to and 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;
2. The lease shall specify the time and date or the
circumstances on which the lease begins and ends and include a
description of the equipment which shall be identified by vehicle
serial number, make, year, model and current license plate number;
3. The period for which the lease applies shall be for thirty
(30) days or more when the equipment is to be operated for the
authorized carrier by the owner or an employee of the owner;
4. The lease shall provide t hat the authorized carrier lessee
shall have exclusive possession, control and use of the equipment
for the duration of the lease. The lease shall further provide that
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the authorized carrier lessee shall assume complete responsibility
for the operation of the equipment for the duration of the lease;
5. The amount to be paid by the authorized carrier for
equipment and driver's services shall be clearly stated on the face
of the lease or in an addendum which is attached to the lease. 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 commodity transported , or by any other
method of compensation mutually agreed 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 amount;
6. The lease shall clearly specify the responsibility of each
party with respect to the cost of fuel, fue l taxes, empty mileage,
permits of all types, tolls, detention and accessorial services,
base plates and licenses , and any unused portions of such items.
Except when the violation results from the acts or omissions of the
lessor, the authorized carrier le ssee shall assume the risks and
costs of fines for overweight and oversize trailers when the
trailers are preloaded, sealed , or the load is containerized, or
when the trailer or lading is otherwise outside of the lessor's
control, and for improperly permit ted over-dimension and overweight
loads and shall reimburse the lessor for any fines paid by the
lessor. If the authorized carrier is authorized to receive a refund
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or a credit for base plates purchased by the lessor from, and issued
in the name of, the a uthorized 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 (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 limited
to those documents necessary for the authorized carrier to secure
payment from the shipper. The authorized carrier may require the
submission of additional documents by the lessor but not as a
prerequisite to payment;
8. The lease shall clearly specify the right of those lessors
whose revenue is based on a percentage of the gross revenue for a
shipment to examine copies of the authorized carrier's freight bill
before or at the time of settlement. The lease shall clearly
specify the right of the lessor, regardless of method of
compensation, to examine copies of the carrier's tariff;
9. The lease shall clearly specify all items that may be
initially paid for by the authorized carrie r, but ultimately
deducted from the lessor's compensation at the time of payment or
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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 de termine the validity of the
charge;
10. The lease shall specify that the lessor is not required to
purchase or rent any products, equipment , or services from the
authorized carrier as a condition of entering into the lease
arrangement;
11. As it relates to insurance:
a. the lease shall clearly specify the legal obligation
of the authorized carrier to maintain insurance
coverage for the protection of the public, and
b. the lease shall clearly specify the conditions under
which deductions for cargo or prope rty 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 compensation of money owed to the
lessor. The written explanation and itemization must
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 o riginal 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 perfor m household goods transportation by
motor carriers.
SECTION 30. 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 Safety to any motor
carrier of household goods until after such motor 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 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 such sum and amount as
fixed by a proper order of the Commission Department; and such
liability and property damage insurance policy or bond shall bind
the obligor thereunder to make compensation for injuries to, or
death of, persons, and loss or damage to property, resulting from
the operation of any such motor carrier for which such carrier is
legally liable. After judgment against the carrier for any damage,
the injured party may maintain an action upon the policy or bond to
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recover the same, and shall 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 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
Commission Department rule. The cargo insuran ce must be filed with
the Commission Department prior to a certificate being issued by the
Commission Department.
C. No carrier, whose principal place of business is in
Oklahoma, shall conduct any operations in this state unless the
operations are covered by a valid primary bond or insurance policy
issued by an insurer authorized or approved by the Oklahoma
Insurance Department. No carrier whose principal place of business
is not in Oklahoma shall conduct any operations in this state unless
the operations are covered by a valid bond or insurance policy
issued by an insurer licensed or approved by the insurance
regulatory authority of the state of their principal place of
business or the Oklahoma Insurance Department.
D. Each motor carrier shall maintain o n file, in full force,
all insurance required by the laws of the State of Oklahoma and the
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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 immediately, without any
notice from the Commission Department, suspend such carrier's rights
to operate until proper insurance is provided. Any carrier
suspended for failure to maintain proper insurance shall have a
reasonable time, not exceeding sixty ( 60) days, within which to
provide proper insurance and to have the carrier's authority
reactivated, upon showing:
1. No operation during the period in which the carrier did not
have insurance; and
2. Furnishing of proper insurance coverage.
E. Any carrier who fails to reactivate the carrier's
certificate within sixty (60) days after such suspension, as above
provided, shall have the certificate canceled, by operation of law,
without any notice from the Commission Department. No certificate
so canceled shall be reinstated or 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, and that failure to file with the Commission
Department was not due to the motor carrier's fault. Any carrier
desiring to file for reinstatement of the carrier's certificate
shall do so within ninety (90) days of its cancellation by law.
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F. The Commission Department shall, in its discretion, permit
the filing of certificates of insurance coverage on such form as may
be prescribed by the Commission Department, in lieu of copies of
insurance policies or bonds, with the proviso that if the
certificates are authorized, the insurance company or carrier so
filing it, upon request of the Commission Department, shall, at any
time, furnish an authenticated copy of the policy which the
certificate represents, and further provided that thirty (30) days
prior to effective cancellation or termination of the policy of
insurance for any cause, the insurer shall so notify the Commission
Department in writing of the facts or as deemed necessary by the
Commission Department.
SECTION 31. 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 declinations of the claims in writing with proof o f
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 Commissio n
Department of Public Safety to determine if the operating authority
of the carrier shall be revoked.
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SECTION 32. AMENDATORY 47 O.S. 2011, Section 170, is
amended to read as follows:
Section 170. A. Nothing contained in this act Section 161 et
seq. of this title shall be construed to authorize the operation of
any freight vehicle in excess of the gross weight, width, length or
height authorized by law.
B. Any person who willfully advertises to perform
transportation services for which the person does not hold a proper
certificate shall be in violation of this act and subject to the
penalties prescribed for contempt of the Corporation Commission
Department of Public Safety .
C. Household goods certificates may be suspended or revo ked for
any violation of state law or Commission Department rule.
D. Certificates shall be considered personal to the holder
thereof and shall be issued only to some definite legal entity
operating motor vehicles as a motor carrier of household goods, and
shall not be subject to lease, nor shall the holder thereof sublet
or permit the exercise, by another, in anywise, of the rights or
privileges granted thereunder.
SECTION 33. AMENDATORY 47 O.S. 2011, Section 170.1, is
amended to read as follows:
Section 170.1 A. Upon any complaint in writing under oath
being made by any person, or by the Commission Department of its own
motion, setting forth any act or thing done or omitted to be done by
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any person in violation, or claimed violat ion, 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 thereof upon each defendant together with a
notice directed to each defendant requiring that the matter
complained of be answered, in writing, within ten (10) days of the
date of service of such notice ,; provided that, the Commission
Department may, in its discretion, require particular cases to be
answered within a shorter time, an d 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,
and notice of the time and plac e 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 i ts
jurisdiction, issue subpoenas, subpoenas duces tecum, and all
necessary process in proceedings pending before the Commission
Department; may administer oaths, examine witnesses, compel the
production of records, books, papers, files, documents, contract s,
correspondence, agreements , or accounts necessary for any
investigation being conducted, and certify official acts.
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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 tecum, or to
testify concerning any matter on which he or she may be lawfully
interrogated, the Commission Department may compel obedience by
proceedings for contempt as in the case of disobedience of the
requirements of a subpoena, or of the refusal to testify.
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 instance a
subpoena is issued and served shall pay the costs incident thereto
and the fees for mileage of all his or her witnesses.
E. In event any process shall be directed to any nonresident
who is authorized to do business 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.
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G. After the conclusion of any hearing, the Commission
Department shall, within sixty (60) days, make and file its findings
and order, with its opinion. Its findings shall be in sufficient
detail to enable any c ourt 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)
days, the Commission Department may grant and prescribe such
additional time as in its judgment is reasonably necessary to comply
with the order, and may, on application and for good cause shown,
extend the time for compliance fixed in the order.
H. In the event the Commission Department finds that the
defendant is guilty upon any complaint 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
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certificate or license may also be revoked by the Commission
Department.
I. Where a complaint is instituted by any person other than the
Commission Department of its own motion and in the event the
Commission Department should find that the 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 Supreme Court in the way and
manner now or hereafter provided for appeals from the district court
to the Supreme Court.
SECTION 34. AMENDATORY 47 O.S. 2011, Section 170.2, is
amended to read as follows:
Section 170.2. A. The Department of Public Safety, monthly,
shall notify the Oklahoma Corporation Commission of any ticket
issued for a violation of the provisions of Section 14-119 of this
title, or any provisions of Chapter 14 of this title or the terms of
any special permit authorized pursuant to the provisions of Chapter
14 of this title concerning overweight or overweight special
permits.
B. Truck overweight violations by motor carriers or private
carriers shall be considered contempt of Commission Department motor
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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 issuance
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 operation, amount of
overweight, and other such factors that may indicate intent. Any
person, firm, or corporation that assists in the commission of such
overweight violation or refuses to comply with any rule, re gulation,
or order of the Commission Department relating thereto shall be
guilty of contempt of the Commission Department and shall be subject
to a fine to be imposed by said Commission in a sum not to exceed
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 transportation of each load shall
constitute a separate violation. The same fine assessed against the
motor carrier or private carrier s hall apply to any other person,
firm, or corporation that aids or abets such violations. Provided ,
however, no motor carrier, private 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.
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C. B. The Commission Department, in its discretion and on its
own motion, may make a contempt complaint in writing under oath
setting forth the violation, enter t he complaint on its docket, and
proceed with the matter in accordance with the provisions of
Sections 161 et seq. of this title or the Motor Carrier Act of 1995.
SECTION 35. AMENDATORY 47 O.S. 2011, Section 171.1, is
amended to read as follows:
Section 171.1 In addition to other uses authorized by law,
funds provided to the Corporation Commission Weigh Station
Improvement Revolving Fund pursuant to Sections 165, 177.2 and 180h
of this title shall be expended as follows:
1. The Corporation Commission Transportation Division shall
Department of Public Safety may employ four special motor carrier
enforcement Port of Entry commissioned and noncommissioned officers
and one supervisor-officer who shall have the primary duty of
investigating and assisting in the prosecution of persons engaged in
unauthorized transportation or disposal of deleterious substances as
contemplated under the provisions of the Oklahoma Motor Carrier Act
and any other applicable provisions of law. Port of Entry officers
shall have authority and powers as authorized under the provisions
of Section 172 of this title. Such employees shall be compensated
as for similar service in the same or other departments of the state
and an expense allowance of One Hundred Dolla rs ($100.00) per month
for maintenance and cleaning of uniforms and other related expenses
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shall be paid to such employees. Nothing in this section regarding
expense allowances shall be construed to mean that such employees
shall receive any additional co mpensation 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 Transportation Division a motor
vehicle suitable as necessary for Port of Entry officers to carry
out the enforcement provisions of applicabl e law. Said The vehicles
shall be appropriately marked as official vehicles and radio
equipped. All costs for operation, maintenance and replacement of
the motor vehicles authorized in this section shall be provided for
from the Corporation Commission Weigh Station Improvement Revolving
Fund. Effective January 1, 2023, all assets associated with the
enforcement functions of the Corporation Commission shall be
transferred to the Department of Public Safety, to include but not
be limited to vehicles, compu ters, vests, weapons and cellular
telephones.
3. The Commission shall Department may employ a hearing officer
officers as necessary whose primary responsibility shall be the
adjudication of enforcement proceedings and complaints brought
against persons engaged in unauthorized transportation or disposal
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of deleterious substances or other unauthorized 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 36. AMENDATORY 47 O.S. 2011, Section 172, is
amended to read as follows:
Section 172. A. Every owner of any motor vehicle, the agents
or employees of the owner , and every other person who violates 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 regulation, direction, demand , or
requirement of the Corporation Commission Department of Public
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 order, decision, rule, directio n, demand, or
regulation shall be deemed guilty of a misdemeanor. Upon conviction
in a criminal court of competent jurisdiction, such misdemeanor is
punishable by a fine of not exceeding One Thousand Dollars
($1,000.00).
B. The Corporation Commission Department of Public Safety shall
report to the Attorney General of this state and the district
attorney of the proper county having jurisdiction of such offense,
any violation of any of the provisions of Sections 161 161A through
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180m of this title or the Mo tor 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 Attorney General or the district attorney of the
proper county having jurisdiction of such offense shall institute
criminal or civil proceedings against such offender in the proper
court having jurisdiction of such offense . Any willful failure on
the part of members of the Corporation Commission, the Attorney
General or any district attorney, to comply with the provisions of
this section, shall be deemed official misconduct . The Corporation
Commission Department of Public Safety shall report such complaints
so made to the Governor of this state who shall direct and cause the
laws of this state to be enforced.
C. Any person failing, neglecting or refusing to comply with
the provisions of Sections 161 161A through 180m of this title or
the Motor Carrier Act of 1995, or with 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
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exceeding Five Hundred Dollars ($500.00). Each day on which such
contempt occurs shall be deemed a separate and distinct offense.
The maximum fine to be assessed on each day shall be Five Hundred
Dollars ($500.00). All fines collected pursuant to the pr ovisions
of this section shall be deposited in the State Treasury to the
credit of the Corporation Commission Department of Public Safety
Trucking One-Stop Shop Fund, as created in Section 1167 of this
title. This subsection shall not apply in the specifi c instance of
load capacity violations or violations applicable to the
transportation or discharge of deleterious substances provided for
by specific statutory provisions.
D. The Corporation Commission shall appoint a director of
transportation, a deputy director, an insurance supervisor, an
insurance clerk, two stenographers, a secretary to the director, an
identification device supervisor and an assistant identification
device supervisor at such salaries as the Legislature may from time
to time prescribe. The employees shall be allowed actual and
necessary travel expenses pursuant to the 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 appointed by
the Department of Public Safety: commissioned officers and
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noncommissioned officers. All officers shall be vested wit h all
powers of peace officers in enforcing the provisions of Sections 161
161A through 180m of this title , Title 49 of the Code of Federal
Regulations, and the Motor Carrier Act of 1995 in all parts of 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 Highway
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 161 through 180m of this title or the Motor
Carrier Act of 1995, shall be authorized to require t he 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 transporte d 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 documentation, waybills, or other evidences of
transportation carried by the driver of the vehicle. The of ficers
shall not have the right to plea bargain.
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G. The enforcement officers are authorized 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 t itle or the Motor Carrier Act of 1995 and the
rules, regulations, and requirements prescribed by the Corporation
Commission promulgated pursuant to Sections 161 through 180m of this
title or the Motor Carrier Act of 1995.
H. The enforcement officers shall not have the power or right
of search, nor shall they have the right of power of seizure, except
as provided in Sections 161 through 180m of this title or the Motor
Carrier Act of 1995. The enforcement officers are authorized to
hold and detain any motor vehicle operating upon the highways of
this state, if, the enforcement officer has reason to believe that
the vehicle is being operated contrary to the provisions of Sections
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 Sections 161 through 180m of this
title or the Motor Carrier Act of 1995.
I. E. No state official, other than members of the Corporation
Commission Department of Public Saf ety, shall have any power, right ,
or authority to command, order , or direct any enforcement Port of
Entry officer to perform any duty or service authorized by Sections
161 161A through 180m of this title , Title 49 of the Code of Federal
Regulations, or the Motor Carrier Act of 1995.
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J. Each of the enforcement officers shall, before entering upon
the discharge of their duties, take and subscribe to the usual oath
of office and shall execute to the State of Oklahoma a bond in the
sum of Twenty-five Thousand Dollars ($25,000.00) each, with
sufficient surety for the faithful performance of their duty. The
bond shall be approved and filed as provided by law.
K. F. No enforcement Port of Entry officer or employee of the
Oklahoma Corporation Commission Department of Public Safety shall
have the right to plea bargain in motor carrier or motor
transportation matters except the chief legal counsel division of
the Commission or an assign of the legal staff of the chief legal
counsel Department.
SECTION 37. AMENDATORY 47 O.S. 2011, Section 177.2, is
amended to read as follows:
Section 177.2 A. No motor carrier shall engage in the business
of transporting any salt water, mineral brines, waste oil and other
deleterious substances produced from or obtained or used in
connection with the drilling, development, producing and operating
of oil and gas wells and brine wells, for any valuable consideration
whatever, or in any quantity over twenty (20) gallons, without a
license authorizing such operati on and a deleterious substance
transport permit to be issued by the Commission Department of Public
Safety. Provided, transportation of such substances by private
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carrier of property by motor vehicle shall require a deleterious
substance transport permit.
B. No carrier shall transport deleterious substances under a
carrier license permit issued by the Commission Department until
such time as the carrier has been issued a deleterious substance
transport permit.
C. No deleterious substance transport permit shall be issued to
a motor carrier or private carrier until the carrier has furnished
written proof of access to a Class II disposal well or wells. Said
The written proof of access shall be provided by the owner of such
disposal well. Such disposal well must first be approved by the
Corporation Commission Department as adequate to meet the need for
proper disposal of all substances which the applicant may reasonably
be expected to transport as a motor carrier or private carrier.
Provided that nothing in this section shall be construed as
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 permit and an annual fee of Two
Hundred Fifty Dollars ($250.00) for each such deleterious substance
transport license permit. Proceeds from the fees shall be deposited
by the Commission Department in the State Treasury to the credit of
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the Corporation Commission Department of Public Safety Revolving
Fund. The provisions of this section are supplemental and are in
addition to the laws applicable to motor carriers.
SECTION 38. 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 carrier for
such use and purpose.
B. It shall be unlawful for any motor truck or tank vehicle
used to transport substances described in Section 177.2 of this
title to have a release device located or operated in any manner
from within the cab o f such a motor vehicle.
C. Any violation of the provisions of subsections subsection A
or B of this section shall constitute a misdemeanor. It shall be
the duty of the prosecuting attorney of the county in which a
violation of the provisions of this sect ion occurs to file and
prosecute the aforementioned misdemeanor charge and advise the
Commission Department of such action and the results thereof.
D. The Oklahoma Corporation Commission Department of Public
Safety may initiate contempt proceedings for an y violation
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concerning disposal by a carrier of a substance described in Section
177.2 of this title. The first violation proven by the Commission
Department in any calendar year shall result in a motor carrier or
private carrier being warned by the Commission Department and, upon
conviction, fined up to Two Thousand Five Hundred Dollars
($2,500.00). A second violation proven by the Commission Department
in any calendar year shall result in a motor carrier or private
carrier being placed on probation and fined up to Five Thousand
Dollars ($5,000.00) by the Commission Department. A third violation
proven by the Commission Department in any calendar year shall
result in a fine of up to Twenty Thousand 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 deleterious substance
transport permit. The driver of a truck, who is not the owner of
the vehicle used in viol ation of this section or any of the rules
and regulations of the Oklahoma Corporation Commission Department of
Public Safety, shall be adjudicated a codefendant and subject to a
fine equal to ten percent (10%) of the fine assessed to the owner of
such vehicle, up to Five Hundred Dollars ($500.00).
SECTION 39. 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
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respectively ascribed to like words and phrases by the motor carrier
statutes of Oklahoma, except as herein provided:
1. The term "identification application" shall mean the
application as provided by the Commission Department, for making
application for motor carrier vehicle identification devices; and
2. The term "identification device" shall mean the motor
carrier vehicle identification device issued by the Commission
Department under the provisions of this act Section 180 et seq. of
this title for the purpose of 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 40. AMENDATORY 47 O .S. 2011, Section 180a, is
amended to read as follows:
Section 180a. It is hereby declared unlawful for any motor
carrier, his or its agents or employees to operate any powered motor
vehicle, as a motor carrier for hire, within 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 41. AMENDATORY 47 O.S. 2011, Section 180b, is
amended to read as follows:
Section 180b. The identification device shall be the property
of the Commission Department of Public Safety at all times, and
shall be subject to seizure and confiscation by the Commission
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Department for any good cause and at the will of the Commission
Department.
SECTION 42. 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 Oklahoma this state charged with the
duties of enforcing the provisions of this act Section 180 et seq.
of this title and/or any other section of the motor carrier law now
in force or hereinafter enacted:
1. In all cases where the motor carrier has permitted the
insurance coverage, as required by law to be filed with the
Commission Department, to lapse or become cancelled or for any
reason to become void and fail to meet the requirements as provided
by law;
2. For failure on the part of any motor carrier, his or its
agents or employees to comply with any part or provision of this
act, or any other act or law or part or provision thereof relative
to the legal operation of a for -hire motor carrier or to obey,
observe or comply with any order, decision, rule or regulation,
direction, demand or requirement, or any part or provision thereof,
of the Commission Department;
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3. Upon the cancellation or revocation of the certificate or
permit or IRC or license under which said the identification device
or devices were issued; or
4. For operating any powered motor 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 43. AMENDATORY 47 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.
SECTION 44. AMENDATORY 47 O.S. 2011, Section 180e, is
amended to read as follows:
Section 180e. The Commission Department of Public Safety , in
its discretion, is authorized to provide for dec als, cab cards, or
other suitable methods of identification to be displayed on or
carried in the truck or powered motor vehicle.
SECTION 45. AMENDATORY 47 O.S. 2011, Section 180f, is
amended to read as follows:
Section 180f. The Commission Department of Public Safety is
hereby authorized to purchase said the identification devices in
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sufficient amounts to supply the demand, and to purchase such other
officer supplies and equipment as is necessary to administer and
enforce the provisions of this act Section 180 et seq. of this title
or the Motor Carrier Act of 1995, and to pay for, or cause the same
to be paid for, out of the appropriation provided therefor.
SECTION 46. AMENDATORY 47 O.S. 2011, Section 180g, is
amended to read as follows:
Section 180g. It shall be the duty of the Commission Department
of Public Safety to provide identification devices upon written
application of any authorized motor carrier.
Upon written application of any authorized motor ca rrier holding
a certificate or permit or license issued by the Commission
Department, the Commission Department shall issue to the motor
carrier a sufficient number of identification devices so that each
powered vehicle owned or to be operated by the motor carrier in the
state shall bear one identification device. Identification devices
shall be issued on an annual basis, and applications shall be made
annually on the form prescribed by the Commission Department, and
any motor carrier operating a powered v ehicle without a current
identification device shall be in violation of the provisions of
Sections 180 through 180m of this title or the Motor Carrier Act of
1995.
It is hereby declared unlawful for any motor carrier, or agents
or employees of any motor ca rrier, to use or transfer an
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identification device except as provided by rules of the Commission
Department.
SECTION 47. AMENDATORY 47 O.S. 2011, Section 180h, is
amended to read as follows:
Section 180h. The Corporation Commissio n Department of Public
Safety is hereby authorized to collect from applicants for motor
carrier and private carrier identification devices a fee of Seven
Dollars ($7.00) for registration of each of its vehicles registered
under the provisions of this act Section 180 et seq. of this title
or the Motor Carrier Act of 1995; and the fee shall be in addition
to any other fees now provided for by law for the registration of
said the motor vehicles and shall be deposited in the State Treasury
to the credit of the Trucking One-Stop Shop Fund.
SECTION 48. 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 49. 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,
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and when it shall deem it to be in the best interest of the
residents of this state so to do, to enter into rec iprocal compacts
and agreements with other states, or the authorized agencies
thereof, when such states have made provisions substantially similar
to this section, respecting the regulation of motor vehicles engaged
in interstate or foreign commerce upon a nd over the public highways.
And such compacts and agreements may provide for the granting, to
the residents of such states, privileges substantially similar to
those granted thereby to Oklahoma residents: Provided: (1) That no
such compact or agreement s hall supersede or suspend the operation
of any law, rule or regulation of the State of Oklahoma this state
which shall apply to vehicles operated intrastate in the State of
Oklahoma this state; (2) That any privileges, the granting of which
shall be provided by any such compact or agreement, shall extend
only in cases of full compliance with the laws of the state joining
in such compact or agreement; (3) That no such compact or agreement
shall supersede or suspend the operation of any law of the State of
Oklahoma this state other than those applying to the payment of fees
for registration certificates or identification devices; and (4)
That the powers and authority of the Oklahoma Tax Commission to
administer and enforce the tax laws of this state, pertainin g to the
taxation of motor vehicles, shall be in no manner superseded or
suspended.
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SECTION 50. AMENDATORY 47 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 sheriffs, district attorneys, enforcement Port of
Entry commissioned officers appointed by the Corporation Commission
of the State of Oklahoma, Department of Public Safety and all
highway patrolmen within the State of Oklahoma this state:
1. To enforce the provisions of Sections 180 through 180m of
this title or the Motor Carrier Act of 1995;
2. To apprehend and detain any motor vehicle or vehicles and
driver or operator and thei r aides who are operating any motor
vehicle, upon or along the highways of this state, for a reasonable
length of time, for the purpose of investigating and determining
whether such vehicle is being operated in violation of any of the
provisions of Section s 180 through 180m of this title or the Motor
Carrier Act of 1995;
3. To make arrests for the violation of the provisions of
Sections 180 through 180m of this title or the Motor Carrier Act of
1995, without the necessity of procuring a warrant;
4. To sign the necessary complaint and to cause the violator or
violators to be promptly arraigned before a court of competent
jurisdiction for trial;
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5. To aid and assist in the prosecution of the violator or
violators in the name of the State of Oklahoma to the end that this
law shall be enforced;
6. To report all such arrests for violations of Sections 180
through 180m of this title to the Corporation Commission of Oklahoma
Department of Public Safety within ten (10) days after making such
arrest and to furnish such information concerning same as the
Commission Department may request; and
7. At the request of the Corporation Commission Department of
Public Safety, to seize and confiscate any and all identification
devices and to forward the same to the Corporation Commission
Department of Public Safety for cancellation.
SECTION 51. AMENDATORY 47 O.S. 2011, Section 230.22, is
amended to read as follows:
Section 230.22 A. It is hereby declared that it is necessary
in the public interest to regulate transportation by motor carriers
and private carriers in such manner as to recognize the need to
require all motor carriers and private carriers to have adequate
insurance; for motor carriers and private carriers to provide
service in a safe an d efficient manner; and to establish that the
operations of motor carriers and private carriers will not have a
detrimental impact on the environment.
B. The public policy of this state, as declared by the
Legislature, requires that all existing intrastat e certificates and
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permits granted by the Oklahoma Corporation Commission, except
household goods and used emigrant movables, prior to January 1,
1995, are hereby revoked.
C. The provisions of the Motor Carrier Act of 1995, except as
hereinafter specifica lly limited, shall apply to the transportation
of passengers or property by motor carriers and private carriers,
except motor carriers of household goods and used emigrant movables,
over public highways of this state; and the regulations of such
transportation, and the procurement thereof and the provisions of
facilities therefor, are hereby vested in the Oklahoma Corporation
Commission Department of Public Safety .
D. Nothing herein shall be construed to interfere with the
exercise by agencies of the gover nment of the United States of its
power of regulation of interstate commerce.
E. The terms and provisions of the Motor Carrier Act of 1995
shall apply to commerce with foreign nations, or commerce among the
several states of this Union, insofar as such ap plication may be
permitted under the provisions of the Constitution of the United
States and the Acts of Congress.
SECTION 52. AMENDATORY 47 O.S. 2011, Section 230.23, is
amended to read as follows:
Section 230.23 As used in the M otor Carrier Act of 1995:
1. "Person" means any individual, firm, copartnership, limited
partnership, corporation, limited liability corporation, company,
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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 this state to motor carriers and
private carriers;
4. "Interstate Registration Certificate" (IRC) means a document
issued by the Commission Department granting permission to operate
upon the highways of the State of Oklahoma this state in interstate
commerce exempt from federal motor carrier reg ulation;
5. "Motor vehicle" means any automobile, truck, truck -tractor,
trailer or semitrailer or any motor bus or any self -propelled
vehicle not operated or driven upon fixed rails or tracks;
6. "Motor carrier of persons or property" means any person,
except a carrier of household goods or used emigrant movables,
operating upon any public highway for the transportation of
passengers or property for compensation or for hire or for
commercial purposes, and not operating exclusively within the limits
of an incorporated city or town within this state. Provided, the
provisions of the Motor Carrier Act of 1995 shall not apply to the
following vehicles and equipment when such vehicles and equipment
are being used for the following:
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a. taxicabs and bus companies engaged in the
transportation of passengers and their baggage, not
operated between two or more cities and towns, when
duly licensed by a municipal corporation in which they
might be doing business,
b. any person or governmental authority furnishing
transportation for school children to and from public
schools or to and from public -school-related
extracurricular activities under contract with, and
sponsored by, a public school board; provided, that
motor vehicles and equipment operated for the purposes
shall qualify in all respects for the transportation
of school children under the Oklahoma School Code and
the rules of the State Board of Education adopted
pursuant thereto.,
c. transport trucks transporting liquefied petroleum
gases intrastate which are own ed or operated by a
person subject to and licensed by the Oklahoma
Liquefied Petroleum Gas Regulation Act, and
d. transportation of livestock and farm products in the
raw state, when any of such commodities move from farm
to market or from market to farm o n a vehicle or on
vehicles owned and operated by a bona fide farmer not
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engaged in motor vehicle transportation on a
commercial scale;
7. "Corporate family" means a group of corporations consisting
of a parent corporation and all subsidiaries in which the parent
corporation owns directly or indirectly one hundred percent (100%)
interest;
8. "Intercorporate hauling" means the transportation of
property, by motor vehicle, for compensation, by a carrier which is
a member of a corporate family, as defined in the Motor Carrier Act
of 1995, when the transportation for compensation is provided for
other members of the corporate family;
9. "Private carrier" means any person engaged in transportation
upon public highways, of persons or property, or both, but not a s a
motor carrier, and includes any person who transports property by
motor vehicle where such transportation is incidental to or in
furtherance of any commercial enterprise of such person, other than
transportation;
10. "Market" means the point at which livestock and farm
products in the raw state were first delivered by the producer of
the livestock and farm products in the raw state, upon the sale
thereof;
11. "Public highway" means every public street, road or
highway, or thoroughfare in this state, u sed by the public, whether
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actually dedicated to the public and accepted by the proper
authorities or otherwise; and
12. "Commercial enterprise" means all undertakings entered into
for private gain or compensation , including all industrial pursuits,
whether the undertakings involve the handling of or dealing in
commodities for sale or otherwise.
SECTION 53. AMENDATORY 47 O.S. 2011, Section 230.24, is
amended to read as follows:
Section 230.24 A. The Corporation Commission Department of
Public Safety is hereby vested with power and authority, and it
shall be its duty:
1. To supervise and regulate every motor carrier whether
operating between fixed termini or over a regular route or otherwise
and not operating exclusively within th e limits of an incorporated
city or town in this state and all private carriers operating
vehicles having a gross registered weight of greater than 26,000
pounds and not operating exclusively within the limits of an
incorporated city or town in this state;
2. To protect the shipping and general public by supervising
and requiring insurance of all motor carriers and private carriers;
3. To ensure motor carriers and private carriers are complying
with the applicable size and weight laws of this state and sa fety
requirements;
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4. To establish there will be no detrimental environmental
impact; and
5. To supervise and regulate motor carriers in all other
matters affecting the relationship between such carriers and the
traveling and shipping public provided tho se matters do not exceed
federal standards as they apply to this state.
B. The Commission Department shall have the power and authority
by general order or otherwise to prescribe rules applicable to any
or all motor carriers and private carriers as applic able.
C. The Commission shall cooperate and coordinate with the
Oklahoma Department of Public Safety in regulating carrier safety,
size and weight regulations of motor vehicles and the transportation
of hazardous materials. The Commission may enter into interagency
agreements with the Department of Public Safety for the purpose of
implementing, administering and enforcing any provisions of the
Oklahoma Motor Carrier Safety and Hazardous Materials Transportation
Act and the rules and regulations of the Dep artment of Public Safety
issued pursuant thereto. Any license issued by the Commission
Department may be suspended or revoked due to operations conducted
in violation of any laws or rules and regulations pertaining to
motor carriers, private carriers, car rier safety, size and weight
regulations of motor vehicles and the transportation of hazardous
materials.
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SECTION 54. 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, receiving property for transportation in
intrastate commerce shall issue a receipt or bill of lading
therefor, the form of which shall be prescribed by the Commission
Department of Public Safety .
B. Any person, motor carrier, or shipper who shall willfully
violate any provisions of the Motor Carrier Act of 1995 by any means
shall be deemed guilty of a misdemeanor and upon conviction thereof
be fined as provided by law.
SECTION 55. 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 willfully violated any
provision of the Motor Carrier Act of 1995, the Commission
Department shall, upon its own initiative, file a contempt
proceeding and set a date for the proceeding to be heard before the
Commission Department, and upon conviction , the Commission
Department shall invoke such contempt penalties as provided herein.
SECTION 56. AMENDATORY 47 O.S. 2011, Section 230.27, is
amended to read as follows:
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Section 230.27 A. Upon the filing by an intrastate motor
carrier or private carrier of an ap plication 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 o therwise revoked by the
Commission Department in accordance with the provisions of the Motor
Carrier Act of 1995, for one (1) year from date of issuance.
B. Every motor carrier or private carrier wishing to continue
operations under the original license, shall pay to the Corporation
Commission Department of Public Safety an annual renewal fee of
Fifty Dollars ($50.00). An intrastate license may be renewed for up
to three (3) years.
C. The Commission Department shall, upon the receipt of any
fee, deposit the same in the State Treasury to the credit of the
Trucking One-Stop Shop Fund.
SECTION 57. AMENDATORY 47 O.S. 2011, Section 230.28, is
amended to read as follows:
Section 230.28 A. It shall be unlawful for any motor carrier
to operate or furnish service within this state without first having
obtained from the Commission Department a license declaring that all
insurance requirements have been met and that the carrier will
operate within all existing rules and state laws pertainin g to
safety standards, size and weight requirements and, when applicable,
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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. It shall also be
unlawful for any private carrier to operate or furnish service
within this state without first having obtained from the Corporation
Commission Department of Public Safety a license declaring that all
insurance requirements have been met and t hat the carrier will
operate within all existing rules and state laws pertaining to
safety standards, size and weight requirements and, when applicable,
lawful handling and disposal of hazardous materials and deleterious
substances, and will operate in suc h a manner as to ensure there
will be no detrimental environmental impact. The Commission
Department shall have power, and it shall be its duty, to issue the
license or set the application for hearing within thirty (30) days
of the Commission Department determining that the application is
complete. Any such hearing shall be scheduled to occur on a date
within an additional forty -five (45) business days of such
determination. The mere filing of an application does not authorize
any person to operate as a carrier.
B. In granting applications for licenses, the Commission
Department shall take into consideration the reliability of the
applicant; the proper equipment meeting minimum safety criteria as
adequate to perform the service; and the applicant's sense of
responsibility toward the public and the environment.
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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 Motor Carrier Act of 1995. The right
of appeal from such order or orders shall be given as in other c ases
appealed from orders of the Commission Department.
D. The Commission Department shall be authorized to exercise
any additional power that may from time to time be conferred upon
the state by any Act of Congress. The Commission Department shall
adopt rules prescribing the manner and form in which motor carriers
and private carriers shall apply for licenses required by the Motor
Carrier Act of 1995. Among other rules adopted, the application
shall be in writing and shall set forth the following facts:
1. The name and address of the applicant and the names and
addresses of its officers, if any;
2. Full information concerning the physical properties of the
applicant; and
3. Such other information as the Commission Department may
consider pertinent to the application.
SECTION 58. AMENDATORY 47 O.S. 2011, Section 230.29, is
amended to read as follows:
Section 230.29 A. As used in this section:
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1. "Authorized carrier" means a person or persons authorized to
engage in the transp ortation of passengers or property as a licensed
motor carrier;
2. "Equipment" means a motor vehicle, straight truck, tractor,
semitrailer, full trailer, any combination of these and any other
type of equipment used by authorized carriers in the transport ation
of passengers or property for hire;
3. "Owner" means a person to whom title to equipment has been
issued, or who, without title, has the right to exclusive use of
equipment for a period longer than thirty (30) days;
4. "Lease" means a contract or a rrangement in which the owner
grants the use of equipment, with or without driver, for a specified
period to an authorized carrier for use in the regulated
transportation of passengers or property, in exchange for
compensation;
5. "Lessor", in a lease, me ans the party granting the use of
equipment, with or without driver, to another;
6. "Lessee", in a lease, means the party acquiring the use of
equipment, with or without driver, from another;
7. "Addendum" means a supplement to an existing lease which is
not effective until signed by the lessor and lessee; and
8. "Shipper" means a person who sends or receives passengers or
property which is transported in intrastate commerce in this state.
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B. An authorized carrier may perform authorized transportation
in equipment it does not own only under the following conditions:
1. There shall be a written lease granting the use of the
equipment and meeting the requirements as set forth in subsection C
of this section;
2. The authorized carrier acquiring the use of equipment under
this section shall identify the equipment in accordance with the
requirements of the Commission Department of Public Safety ; and
3. Upon termination of the lease, the authorized carrier shall
remove all identification showing it as the op erating carrier before
giving up possession of the equipment.
C. The written lease required pursuant to subsection B of this
section shall contain the following provisions. The required lease
provisions shall be adhered to and performed by the 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;
2. The lease shall specify the time and date or the
circumstances on which the lease begins and ends and include a
description of the equipment which shall be identified by vehicle
serial number, make, year model and current license plate number;
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3. The period for which the lease applies shall be for thirty
(30) days or more when the equipment is to be operated for the
authorized carrier by the owner or an employee of the owner;
4. The lease shall provide that the authorized carrier lessee
shall have exclusive possession, control and use of the equipment
for the duration of the lease. The lease shall further provide that
the authorized carrier lessee shall assume complete responsibility
for the operation of the equipment for the duration of the lease;
5. The amount to be paid by the authorized carrier for
equipment and driver's services shall be clearly stated on the face
of the lease or in an addendum which is attached to the lease;
6. The lease shall clearly specify the responsibility of each
party with respect to the cost of fuel, fuel taxes, empty mileage,
permits of all types, tolls, detention and accessorial services,
base plates and licenses , and any unused portions of such items.
Except when the violation results from the acts or omissions of the
lessor, the authorized carrier lessee shall assume the ris ks and
costs of fines for overweight and oversize trailers when the
trailers are preloaded, sealed, or the load is containerized, or
when the trailer or lading is otherwise outside of the lessor's
control, and for improperly permitted overdimension and ove rweight
loads and shall reimburse the lessor for any fines paid by the
lessor. If the authorized carrier is authorized to receive a refund
or a credit for base plates purchased by the lessor from, and issued
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in the name of, the authorized carrier, or if t he 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 sp ecify 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 b efore the lessor can receive payment is limited
to those documents necessary for the authorized carrier to secure
payment from the shipper. The authorized carrier may require the
submission of additional documents by the lessor but not as a
prerequisite to payment;
8. The lease shall clearly specify the right of the lessor,
regardless of method of compensation, to examine copies of the
documentation of the carrier upon which charges are assessed;
9. The lease shall clearly specify all items that may be
initially paid for by the authorized carrier, but ultimately
deducted from the compensation of the lessor at the time of payment
or settlement together with a recitation as to how the amount of
each item is to be computed. The lessor shall be afforded copi es of
those documents which are necessary to determine the validity of the
charge;
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10. The lease shall specify that the lessor is not required to
purchase or rent any products, equipment , or services from the
authorized carrier as a condition of entering into the lease
arrangement;
11. As it relates to insurance:
a. the lease shall clearly specify the legal obligation
of the authorized carrier to maintain insurance
coverage for the protection of the public, and
b. the lease shall clearly specify the condi tions under
which deductions for cargo or property damage may be
made from the lessor's settlements. The lease shall
further specify that the authorized carrier must
provide the lessor with a written explanation and
itemization of any deductions for cargo or property
damage made from any compensation of money owed to the
lessor. The written explanation and itemization must
be delivered to the lessor before any deductions are
made; and
12. An original and two copies of each lease shall be signed by
the parties. The authorized carrier shall keep the original and
shall place a copy of the lease in the equipment during the period
of the lease. The owner of the equipment shall keep the other copy
of the lease.
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D. The provisions of this section shall apply t o the leasing of
equipment with which to perform transportation regulated by the
Corporation Commission Department of Public Safety by motor carriers
holding a license from the Commission Department to transport
passengers or property.
SECTION 59. AMENDATORY 47 O.S. 2011, Section 230.30, is
amended to read as follows:
Section 230.30 A. No license shall be issued by the Commission
Department of Public Safety to any carrier until 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 loss or
damage to property, resulting from the operation of any carrier for
which the carrier is legally liable. A copy of the policy or bond
shall be filed with the Commission Department, and, after judgment
against the carrier for any damage, the injured party may maintain
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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 requirement s of the Commission
Department, which bond or policy shall be approved by the Commission
Department, and shall be in a sum and amount as fixed by a proper
order of the Commission Department. The cargo insurance must be
filed with the Commission Department prior to a license being issued
by the Commission Department, unless the motor carrier has been
exempted from this requirement.
Intrastate motor carriers of sand, rock, gravel, asphaltic
mixtures or other similar road building materials shall not be
required to file cargo insurance and shall be required to maintain
liability insurance limits of Three Hundred Fifty Thousand Dollars
($350,000.00) combined single limit.
No carrier, whose principal place of business is in Oklahoma,
shall conduct any operations in this state unless the operations are
covered by a valid primary bond or insurance policy issued by a
provider authorized or approved by the State Insurance Commissioner.
No carrier shall conduct any operations in this state unless the
operations are covered by a valid bond or insurance policy issued by
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a provider authorized and approved by a National Association of
Insurance Commissioners and certified by the State Insurance
Commission Commissioner.
C. Each carrier shall maintain on file, in full forc e, all
insurance required by the laws of this state and the rules of the
Commission Department during the operation of the carrier and that
the failure for any cause to maintain the coverage in full force and
effect shall immediately, without any notice fr om the Commission
Department, suspend the rights of the carrier to operate until
proper insurance is provided. Any carrier suspended for failure to
maintain proper insurance shall have a reasonable time, not
exceeding sixty (60) days, to have its license reactivated, and to
provide proper insurance upon showing:
1. No operation during the period in which it did not have
insurance; and
2. Furnishing of proper insurance coverage.
D. Any carrier who fails to reactivate its license within sixty
(60) days after the suspension, as above provided, shall have the
license canceled, by operation of law, without any notice from the
Commission Department. No license so canceled shall be reinstated
or otherwise made operative except that the Commission Department
may reinstate the license of a carrier upon proper showing that the
carrier was actually covered by proper insurance during the
suspension or cancellation period, and that failure to file with the
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Commission Department was not due to the negligence of the ca rrier.
Any carrier desiring to file for reinstatement of its license shall
do so within ninety (90) days of its cancellation by law.
E. The Commission Department shall, in its discretion, permit
the filing of certificates of insurance coverage or such fo rm as may
be prescribed by the Commission Department, in lieu of copies of
insurance policies or bonds, with the proviso that if the
certificates are authorized the insurance company or carrier so
filing it, upon request of the Commission Department, will, at any
time, furnish an authenticated copy of the policy which the
certificate represents, and further provided that thirty (30) days
prior to effective cancellation or termination of the policy of
insurance for any cause, the insurer shall so notify the Commission
Department in writing of the facts or as deemed necessary by the
Commission Department.
SECTION 60. AMENDATORY 47 O.S. 2011, Section 230.31, is
amended to read as follows:
Section 230.31 A. Nothing contained in the Mot or Carrier Act
of 1995 shall be construed to authorize the operation of any
passenger or freight vehicle in excess of the gross weight, width,
length or height authorized by law.
B. Any person who willfully advertises to perform
transportation services fo r which the person does not hold a license
shall be in violation of the Motor Carrier Act of 1995 and subject
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to the penalties prescribed for contempt of the Commission
Department of Public Safety .
C. All licenses issued by the Commission Department under any
law of the state relating to motor carriers or private carriers
shall contain the provision that the Commission Department reserves
to itself authority to suspend or cancel any such license for the
violation, on the part of the applicant or any operat or or operators
of any motor vehicle to be operated thereunder, of any law of this
state or any rule adopted by the Commission Department.
D. Licenses shall be considered personal to the holder of the
license and shall be issued only to some definite lega l entity
operating motor vehicles as a motor carrier or private carrier, and
shall not be subject to lease, nor shall the holder of the license
sublet or permit the exercise, by another, of the rights or
privileges granted under the license.
SECTION 61. AMENDATORY 47 O.S. 2011, Section 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 f or the administration and
enforcement of the provisions of the Motor Carrier Act of 1995.
SECTION 62. AMENDATORY 47 O.S. 2011, Section 230.34a, is
amended to read as follows:
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Section 230.34a A. Any person, firm, partnership, limite d
liability company, or corporation owning or possessing a vehicle and
required to register the vehicle under the laws of this state for
the purpose of transporting farm products in a raw state may receive
a harvest permit from the Oklahoma Corporation Com mission 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 date of its
issuance and shall additionally reflect its effective and expiration
dates.
D. The following information shall be required of an applicant
for a harvest permit and shall apply to each vehicle to be operated
under the permit:
1. Owner of the vehicle;
2. Vehicle registrant;
3. Make, model, year, license plate number, state of
registration and VIN of each vehicle which will be operated under
the permit; and
4. The operating carrier must provide a certificate that each
vehicle is operating under a liability insurance policy valid in
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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 this title; 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 this title.
F. A harvest permit may be extended in fifteen -day increments.
The permit holder shall be required to pay the additional prorated
portion of the tag fee at Eight Dollars and se venty-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 t o
be submitted by facsimile and electronically or by mail. The
Commission Department must provide reasonable access for persons to
obtain a harvest permit before taking enforcement action.
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H. If found to be in violation of the Motor Carrier Harvest
Permit Act of 2006 for failure to obtain or maintain a current
harvest permit, the operating carrier shall post bond in the amount
of the cost of the harvest permit and shall be allowed seventy -two
(72) hours to apply for the permit. If the operating carrier m akes
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 with any person or corporation located
within or outside of the state for transmission of harvest permits
by way of facsimile or other device electronically or by mail when
the Corporation Commission Department of Public Safety determines
that such agreements are in the best interest of the state.
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 63. 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:
Section 230.6 A. No person p rohibited from operating a
commercial vehicle shall operate such commercial motor vehicle, nor
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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 when the
person has been placed out -of-service or the vehicle or container
has been marked out-of-service until all requirements of the out -of-
service order of the person have been met or all required
corrections for the vehicle or container have been made; provided,
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 remove an out -of-service marking from a
transport vehicle or container unless all required corrections have
been made and the vehicle or container has been inspected and
approved by an authorized officer, employee , or agent of the
Department. No person shall return to duty unless all requirements
of the out-of-service order have been met and the person has been
approved to return to duty by an authorized officer, employee or
agent of the Department.
D. No employer shall kno wingly allow, require, permit or
authorize an employee to operate a commercial motor vehicle:
1. During any period in which the employee:
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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 operate a commercial motor vehicle;
provided, this subparagraph shall not apply to any
person who is the holder of a valid commercial learner
permit issued by the Department in conjunction with a
Class D driver license,
d. has more than one commercial driver license; provided,
this subparagraph shall not apply to any person who is
the holder of a valid commercial learner permit issued
by the Department in conjunction with a Class A, B or
C driver license,
e. does not have the proper class or endorsements on the
driver license or commercial 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 employee, the commercial
motor vehicle which the employee is operating, the motor carrier
business or operation, or the employer is subject to an out -of-
service order; or
3. In violation:
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a. of a federal, state, or local law, regulation, or
ordinance pertaining to railroad -highway grade
crossings, or
b. of any restriction on the driver license or commercial
learner permit of the employee.
E. An employer who is determined by the Commissioner of Public
Safety to have committed a violation of subsection D of this section
shall be subject to an administrative penalty of not less than Two
Thousand Seven Hundred Fifty Dollars ($2,750.00) nor more than
Twenty-five Thousand Dollars ($25,000.00).
F. A determination by the Commissione r by issuance of a Notice
of Claim that a violation of any provision of this section shall be
a conviction for purposes of paragraph 2 of 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 conviction 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 provision of this section shall be
subject to an administrative penalty of not less than Two Thousand
Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars
($5,000.00).
H. For any violation of a provision of this section identified
during a Compliance Review/Investi gation, the administrative penalty
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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 Administra tion.
SECTION 64. AMENDATORY 47 O.S. 2011, Section 230.9, as
amended by Section 13, Chapter 283, O.S.L. 2012 (47 O.S. Supp. 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 there to,
is prohibited.
B. Pursuant to the provisions of this section and except as
otherwise provided by subsection subsections D and E of this
section, any person who is determined by the Commissioner of Public
Safety to have committed:
1. An act which is a violation of a recordkeeping requirement
of this title or of any rule or regulation promulgated thereto or
the Federal Motor Carrier Safety Act 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
that the total of all administrative penalties assessed against any
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violator pursuant to this 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 th e State of Oklahoma for
an administrative penalty not to exceed One Thousand Dollars
($1,000.00) for each offense.
C. Each day of violation as specified in subsection B of this
section shall constitute a separate single violation/offense.
D. Except for recordkeeping violations, no administrative
penalty shall be assessed pursuant to the provisions of this
section, against an employee of any person subject to the provisions
of the Oklahoma Motor Carrier Safety and Hazardous Materials
Transportation Act for a violation unless the Commissioner
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determines that such actions of the employee constituted gross
negligence or reckless disregard for safety in which case such
employee shall be liable for an administrative penalty not to exceed
One Thousand Dollars ($1 ,000.00).
E. For violations identified 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 sof tware
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 offe nses, 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 calculated
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, by written notice to the violator
together with notice of findings in the case. An appeal therefrom
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may be made to the district court of Oklahoma County p ursuant to the
provisions of Sections 318 through 323 of 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 the
Commissioner;
2. By the Commissioner in the appropriate district court of the
State of Oklahoma this state; or
3. By the Commissioner in an administr ative hearing conducted
by the Department of Public Safety .
I. The Department may deny issuance of documentation needed for
operation of a commercial motor vehicle including but not limited to
permits, certificates and contracts, when an entity or person has
unpaid administrative penalties, fees or charges, until paid .
J. The Department shall issue an order placing the operating
authority of any intrastate carrier out -of-service on the sixty -
first day after the date of a notice of proposed "unsatisfactory "
safety rating issued by the Department following a Compliance Review
or Investigation. The out -of-service order or suspension of
operating authority shall remain in place until the Department
determines that the carrier has remedied the safety issue as
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determined by the Department. The carrier shall also be placed out
of service if it does not allow the Department to conduct a
compliance review/investigation. The Department shall use the
Federal Motor Carrier Safety Administration safety rating
methodology.
K. If a motor carrier is found to be 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 th e vehicle
until cleared.
H. L. The first One Hundred Thousand Dollars ($100,000.00) of
the administrative penalties collected each fiscal year pursuant to
the provisions of the Oklahoma Motor Carrier Safety and Hazardous
Materials Transportation Act shall be deposited in the General
Revenue Fund of the State of Oklahoma. All other monies collected
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 Revolvin g Fund for the purpose of administering
the Oklahoma Motor Carrier Safety and Hazardous Materials
Transportation Act.
SECTION 65. AMENDATORY 47 O.S. 2011, Section 1120, as
amended by Section 2, Chapter 235, O.S.L. 2016 (47 O.S. Sup p. 2020,
Section 1120), is amended to read as follows:
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Section 1120. A. The Corporation Commission Department of
Public Safety may, when in the interest of the State of Oklahoma
this state and its residents, enter into the International
Registration Plan or other compacts or agreements with other states
to permit motor vehicle registration and license taxes on any truck,
bus, or truck-tractor on a proportional basis commensurate with the
use of Oklahoma highways. Proportional registration under such
plans may be permitted for vehicles engaged in interstate commerce
or combined interstate and intrastate commerce. Any action taken by
the Oklahoma Tax Corporation Commission with respect to the
International Registration Plan or other such compacts or agreem ents
prior to July 1, 2004 January 1, 2023, shall remain in effect unless
altered by the Corporation Commission Department of Public Safety
pursuant to its authority to do so after the effective date of this
act July 1, 2004.
B. The Corporation Commission Department of Public Safety shall
require that such proportional registration be based on the
percentage of miles actually operated by such vehicles or fleets of
vehicles in the State of Oklahoma this state in the reporting period
in proportion to the tot al fleet miles operated both within and
without Oklahoma. If the registrant did not incur mileage during
the preceding reporting period, the registrant shall pay fees for
its future operations in accordance with the International
Registration Plan. Such percentage figure, so determined by the
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Corporation Commission Department of Public Safety , shall be the
Oklahoma mileage factor. In computing the taxes under the foregoing
formula, the Corporation Commission Department of Public Safety
shall first compute the license fees for the entire fleet and then
multiply the amount by the Oklahoma mileage factor on a dollar
basis.
C. Upon receipt of the Oklahoma license and registration tax,
which shall be paid by cash and/or certified funds, as computed
under the provisions of the Oklahoma Vehicle License and
Registration Act, the Corporation Commission Department of Public
Safety shall register all such fleet vehicles, and shall issue a
license plate, cab card or decal for each of such vehicles
identifying it as part of an interstate fleet. The Corporation
Commission Department of Public Safety may, upon satisfactory review
of the payment history of an applicant, waive the requirement for
payment in cash or certified funds.
D. Vehicles so registered on a prorated basis shall be
considered fully licensed in Oklahoma and shall be exempt from all
further registration or license fees under the provisions of the
Oklahoma Vehicle License and Registration Act; provided that such
fleet vehicles are proportionally licensed in some other state,
territory or possession of the United States or some foreign
province, state or country with which the Corporation Commission
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Department of Public Safety has entered into a prorationing compact
or agreement.
If a vehicle is permanentl y withdrawn from a proportionally
registered fleet and a replacement vehicle is added to the fleet in
the same calendar month, the replacement vehicle shall be considered
fully registered as provided in Section 1133 of this title and
Section 14-109 of this title, if the replacement vehicle is
registered for a weight equal to or less than the vehicle
permanently withdrawn, or if additional registration fees are paid
when the replacement vehicle is registered for a weight greater than
the vehicle withdrawn. If a vehicle is permanently withdrawn from a
proportionally registered fleet and is not replaced by another
vehicle in the same calendar month, credit shall be allowed as
otherwise provided in this section.
E. Vehicles subsequently added to a proportional ly registered
fleet after commencement of the registration year shall be
proportionally registered by applying the mileage percentage used in
the original application for such fleet for such registration period
to the regular registration fees due with res pect to such vehicle
for the remainder of the registration year.
F. If a vehicle is permanently withdrawn from a proportionally
registered fleet because it has been destroyed, sold or otherwise
completely removed from service, credit shall be allowed. Su ch
credit shall be a sum equal to the amount paid with respect to such
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vehicle when it was first proportionally registered in the
registration year, reduced by those months elapsing since the
beginning of the registration year. The credit may be applied
against subsequent additions to the fleet, with the exception of
vehicles removed from a renewal fleet and later added back to the
same fleet, to be prorated or for other additional registration fees
assessed. In no event shall credit be allowed for fees b eyond such
registration year, nor shall any such amount be subject to refund.
Provided, further, that vehicles removed from a prorated fleet or
sold to a nonprorated fleet for operation in Oklahoma shall be
registered in Oklahoma for the remaining portion of the year.
G. The records of total mileage operated in all states upon
which the application is made for a period of three (3) years
following the year upon which the application is based shall be
preserved. Upon request of the Corporation Commission Department of
Public Safety, such records shall be made available for audit as to
accuracy of computation and payments. The Corporation Commission
Department of Public Safety may enter into agreements with agencies
of other states administering motor vehi cle registration laws for
joint audits of any such records.
H. The Corporation Commission Department of Public Safety may
enter into compacts or agreements with other states or other
countries or subdivisions of such countries allowing reciprocal
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privileges to vehicles based in such other states and operating in
interstate commerce if the vehicles are properly registered therein.
I. Interchanged vehicles properly registered in another state
may be granted reciprocal privileges when engaged in a continuous
movement in interstate commerce, but must register in this state if
used in intrastate commerce.
J. In addition to those taxes or fees imposed by the Oklahoma
Vehicle License and Registration Act, the same or substantially the
same type or category of ta x or fee may be imposed upon an out -of-
state resident as is imposed upon residents of Oklahoma for the same
or substantially similar use of a vehicle in such other state in the
amount, or approximate total amount, of any fee or tax , including
property, motor fuel, excise, sales, use or mileage tax required by
the laws of such other state to be paid by a resident of this state
making the same or similar use of a like vehicle in such state.
The Corporation Commission Department of Public Safety shall
have the authority to promulgate rules which provide procedures for
implementation of comparable regulatory fees and taxes for vehicles
used in this state by residents of other states.
Any revenue derived from this subsection shall be apportioned in
the same manner as provided in Section 1104 of this title.
It is the intention of the Legislature that the motor vehicle
registration and licensing fees assessed against residents of other
states operating similar vehicles in Oklahoma be comparably the same
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as the motor vehicle registration and licensing fees assessed
against residents of Oklahoma operating a similar vehicle for a
similar purpose in such other state; and that the Corporation
Commission Department of Public Safety diligently monitor the motor
vehicle registration and licensing fees assessed against residents
of Oklahoma by other states and to provide for uniform treatment of
Oklahoma residents operating vehicles in other states and for
residents of other states operating vehicles in Oklahoma.
SECTION 66. 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 this
state and its residents, may ente r into the International
Registration Plan or other compacts or agreements with other states
to permit motor vehicle registration and license taxes on any motor
vehicle to be used as a rental motor vehicle as defined in the
International 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 registration fees in lieu of
the fee schedule set forth in Section 1132 of this title:
1. A fee of Fifteen Dollars ($15.00) shall be assessed for the
first year of registration in this or any other state; and
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2. A fee of Ten Dollars ($10.00) shall be assessed in the first
year and each subsequent year of registration in this or any other
state.
C. Upon registration and payment of the fees required by this
section, the owner shall receive a license plate which shall be
valid until the vehicle is permanently withdrawn from the rental
fleet of the owner.
SECTION 67. AMENDATORY 47 O.S. 2011, Section 1166, is
amended to read as follows:
Section 1166. A. Effective July 1, 2004 January 1, 2023, all
powers, duties and responsibilities exercised by the Motor Vehicle
Enforcement Section shall be previously transferred from the
Oklahoma Tax Commission to the Corporation Commission shall be
transferred to the Department of Public Safety . Beginning July 1,
2004 2021, and effective July 1, 2005 January 1, 2023, all powers,
duties and responsibilities exercised by the Internatio nal
Registration Plan Section and the International Fuel Tax Agreement
Section shall be transferred from the Tax Commission to the
Corporation Commission to the Department of Public Safety . All
records, property and matters pending of the sections shall b e
transferred to the Corporation Commission Department of Public
Safety. Funds sufficient to administer the powers, duties and
responsibilities exercised by these sections shall be appropriated
or allocated to the Corporation Commission Department of Public
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Safety for fiscal year 2005 years 2023 and 2024 as provided herein.
Such funds appropriated or allocated to the Corporation Commission
Department of Public Safety shall not be subject to budgetary
limitations. The Director of State Finance the Office of Management
and Enterprise Services is hereby authorized to transfer such funds
as may be necessary to effect such allocations.
B. The period of July 1, 2004 2021, through June 30, 2005
December 31, 2022, shall be a transitional period in which the
Corporation Commission Department of Public Safety shall gradually
assume complete administration and management over the powers,
duties, responsibilities and staff currently carrying out the
administration of the International Registration Plan Section and
the International Fuel Tax Agreement Section. During this
transition period, the employees assigned to the International
Registration Plan Section and the International Fuel Tax Agreement
Section shall continue to be employees of the Tax Corporation
Commission unless otherwise agreed to by the Tax Commission
Department of Public Safety and the Corporation Commission.
Effective July 1, 2005 January 1, 2023, the International
Registration Plan Section and the International Fuel Tax Agreement
Section shall be administered solely by the Corporation Commission
Department of Public Safety . For the period of July 1, 2004 2021,
through June 30, 2005 December 31, 2022, the Corporation Commission
and the Tax Commission shall enter into a contract whereby funds
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shall be paid to the Tax Commission by the Corporation Commission in
exchange for the Tax Commission's agreement to continue to operate
Department of Public Safety shall develop and implement a reasonable
and expeditious method for expenditure of funds in suppor t of the
International Registration Plan Section and the International Fuel
Tax Agreement Section.
C. The powers, duties and responsibilities exercised by the
Motor Vehicle Enforcement Section of the Tax Commission previously
transferred to the Corporatio n Commission shall be fully transferred
to the Corporation Commission Department of Public Safety on July 1,
2004 January 1, 2023.
D. All employees of the Tax Corporation Commission whose duties
are transferred under this act shall be transferred to the
Corporation Commission Department of Public Safety at the discretion
of the Commissioner of Public Safety . Personnel transferred
pursuant to the provisions of this section shall not be required to
accept a lesser salary than presently received; provided, t he
provisions of this section shall not operate to prohibit the
Corporation Commission or the Tax Commission Department of Public
Safety from imposing furloughs or reductions -in-force with respect
to such personnel as allowed by law gradually reducing pers onnel
through attrition. Personnel transferred shall be placed within the
classification level in which they meet qualifications without an
entrance exam. All such persons shall retain seniority, leave, sick
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and annual time earned and any retirement bene fits which have
accrued during their tenure with the Tax Corporation Commission.
The transfer of personnel among the agencies shall be coordinated
with the Office of Personnel Management and Enterprise Services .
E. Effective July 1, 2004 January 1, 2023, any administrative
rules promulgated by the Tax Corporation Commission related to the
administration of the International Registration Plan authorized by
Section 1120 of Title 47 of the Oklahoma Statutes this title, the
International Fuel Tax Agreement au thorized by Section 607 of Title
68 of the Oklahoma Statutes , or the enforcement of Section 1115.1 of
Title 47 of the Oklahoma Statutes this title shall be transferred to
and become a part of the administrative rules of the Corporation
Commission Department of Public Safety. The Office of
Administrative Rules in the Secretary of State's office shall
provide adequate notice in the Oklahoma Register of the transfer of
rules, and shall place the transferred rules under the
Administrative Code section of the Corporation Commission Department
of Public Safety. From and after July 1, 2004 January 1, 2023, any
amendment, repeal or addition to the transferred rules shall be
under the jurisdiction of the Corporation Commission Department of
Public Safety. All documents issued by the sections transferred to
the Corporation Commission, Department of Public Safety including,
but not limited to, vehicle registrations and permits, shall be
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deemed to have been issued by the Corporation Commission Department
of Public Safety.
F. The Corporation Commission Department of Public Safety may
promulgate rules necessary for the utilization of motor license
agents in the registration of vehicles pursuant to Section 1120 of
Title 47 of the Oklahoma Statutes this title.
G. For the period of July 1, 2021, through December 31, 2022,
the Corporation Commission and the Department of Public Safety shall
cooperate to develop and implement a reasonable and expeditious
method to transfer powers and duties from the Corporation Commission
to the Department of Public Safety including but not limited to the
expenditure of funds in support of the International Registration
Plan Section and the International Fuel Tax Agreement Section.
After July 1, 2021, the Corporation Commission shall not inc rease
the number of personnel or the salary of personnel transferred
pursuant to the provisions of this section unless otherwise agreed
upon by the Department of Public Safety.
SECTION 68. 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 follows:
Section 1167. A. The Corporation Commission Department of
Public Safety is hereby authorized to promulgate rules pursuant to
the Administrative Procedures Act to establish the amounts of fees,
fines and penalties as set forth in Section 1166 et seq. of this
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title. The Corporation Commission Department of Public Safety shall
notify all interested parties of any proposed rules to be
promulgated as provided herein and shall provide such parties an
opportunity to be heard prior to 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
pursuant to the provisions of the Trucking One -Stop Shop Act shall
be apportioned as follows:
1. For the period beginning August 23, 2013, the first Three
Hundred Thousand Dollars ($300,000.00) collected or received each
fiscal year shall be remitted to the Department of Public Safety for
the purpose of staffing the port of entry weigh stations to conduct
safety inspections. The next Five Hundred Fifty Thousand Dollars
($550,000.00) shall be remitted to the Oklahoma Tax Commission and
apportioned as provided in Section 1104 of this title ; and.
2. The remaining amount shall be deposited to the Trucking One -
Stop Shop Fund created in subsection D of this section .
D. There is hereby created in the State Treasury a revolving
fund for the Corporation Commission Department of Public Safety to
be known and designated as the "Trucking One -Stop Shop Fund". The
Trucking One-Stop Shop Fund shall consist of:
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1. All funds apportioned thereto in subsection C of this
section;
2. Fees collected by the Commission Department of Public Safety
to be retained as a motor license agent or other Corporation
Commission Department of Public Safety registration or motor fuel
fees as allowed by statute or rule; and
3. Any other monies to be utilized for the Trucking One -Stop
Shop Act.
The fund shall be a continuing fund, not subject to fiscal year
limitations, and shall not be subject to legislative appropriation.
Monies in the Trucking One -Stop Shop Fund shall only be expended for
direct expenses relating to the Trucking One -Stop Shop Act.
Expenditures from the revolving fund shall be made pursuant to the
laws of this state. In addition, expenditures from the revolving
fund may be made pursuant to The Oklahoma Central Purchasing Act for
the purpose of immediately responding to emergency situations,
within the Commission's jurisdiction, having potentially critical
environmental or public safety impact. Warrants for expenditures
from the fund shall be drawn by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment .
E. There is hereby created in the State Treasury a revolving
fund for the Department of Transportation to be designated the
"Weigh Station Improvement Revolving Fund". The fund shall be a
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continuing fund, not subject to fiscal year limitations, 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 and 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 claims filed as prescribed by law with the
Director of the Office of Management and Enterprise Services for
approval and payment.
SECTION 69. AMENDATORY 47 O.S. 2011, Section 1168, as
amended by Section 205, Chapter 304, O.S.L. 2012 (47 O.S. Supp.
2020, Section 1168), is amended to read as follows:
Section 1168. All facilities and equipment und er the
administrative control of the Oklahoma Tax Commission and used for
determining the weight of vehicles operated on the roads or highways
of this state are hereby transferred to the Department of
Transportation. Any funds appropriated to or any power s, duties and
responsibilities exercised by the Tax Commission for such purpose
shall be transferred to the Department of Transportation. The
Director of the Office of Management and Enterprise Services is
hereby authorized to transfer such funds as may b e necessary. The
Department of Transportation is hereby authorized to enter into an
agreement with the Corporation Commission Department of Public
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Safety to operate such facilities or equipment. The provisions of
this section shall not be construed to ob ligate the Department of
Transportation to incur expenses in connection with the
administration of such facilities and equipment in an amount which
exceeds deposits to the Weigh Station Improvement Revolving Fund.
SECTION 70. AMENDATORY 47 O.S. 2011, Section 1169, is
amended to read as follows:
Section 1169. A. The Corporation Commission Department of
Public Safety is authorized to revoke, suspend or deny the issuance,
extension or reinstatement of any Corporation Commission Department
of Public Safety issued motor carrier or commercial motor vehicle
license, permit, registration, certificate or duplicate copy thereof
issued pursuant to the jurisdiction of the Corporation Commission
Department of Public Safety , to any person who sh all be guilty of:
1. Violation of any of the provisions of applicable state law;
2. Violation of rules promulgated by the Corporation Commission
Department of Public Safety ;
3. Failure to observe or fulfill the conditions upon which 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 par ticipating with the
Corporation Commission Department of Public Safety in that program.
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B. The interest or penalty or any portion thereof ordinarily
accruing by failure of the motor carrier, registrant or licensee to
properly file a report or return may b e waived or reduced by the
Corporation Commission Department of Public Safety . No interest or
penalties in excess of Ten Thousand Dollars ($10,000.00) shall be
allowed except by order of the Commission Department.
C. The Corporation Commission Department of Public Safety shall
promulgate rules setting forth the revocation, suspension or denial
of a motor carrier or commercial motor vehicle certificate,
registration, license or permit issued 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 collection and
remittance of financial liabilities owed by 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 agency.
D. Upon the revocation or expiration of any motor carrier or
commercial motor vehicle license, permit, registrat ion 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 state law, rules or
order imposing or levying such tax, fee or penalt y shall become due
and payable concurrently upon the revocation or expiration of the
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license, permit, registration or certificate and the licensee,
permittee, registrant or certificate holder shall forthwith make a
report covering the period of time not co vered by preceding reports
filed by said the person and ending with the date of the revocation
or expiration and shall pay all such taxes, fees or penalties owed.
E. No person shall 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 violating the provisions of
this subsection shall be found guilty of contempt of the Commission
Department and shall, upon conviction thereof, be punished by a fine
of not more than Two Thousand Dollars ($2,000.00) for each offense.
SECTION 71. 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 Oklahoma Weigh Station Act of
2012:
1. "Authority" means the Oklahoma Turnpike Authority;
2. "Commission" "Department" means the Corporation Commission
Department of Public Safety ;
3. "Fixed facility" means a weigh st ation or a port of entry;
4. "Port of entry" means a facility, in close proximity to a
state line, designed to electronically weigh and screen motor
carriers and commercial motor vehicles for compliance with federal
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and state statutes and rules, allowing compliant carriers to proceed
with minimal or no delay;
5. "Roadside enforcement" means a temporary location, with or
without portable or semi -portable scales, used to randomly check
commercial motor vehicles or motor carriers for compliance with
federal or state statutes or rules;
6. "Weigh station" means a stationary and permanent weighing
facility with fixed scales owned by the state where commercial motor
vehicles are checked for compliance with weight and size standards.
Weigh stations are also util ized to enforce federal and state laws
and rules applicable to motor carriers and the operation of
commercial motor vehicles and their drivers; and
7. "North American Standard Inspection" means a Level I, Level
II, Level III, Hazardous Materials, Cargo Ta nk or Passenger Carrier
inspection conducted by an individual certified by the Federal Motor
Carrier Safety Administration to conduct such inspections.
SECTION 72. 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 and 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 January 1, 2023, the Department
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of Transportation and the Corporation Commission may enter into
interagency agreements concerning the equipment, maintenance and
operations of fixed facilities.
B. The Department of Transportation, the Authority and the
Commission Department shall endeavor to electronically upgrade weigh
stations as practical to minimize the duplication of inspections for
compliant commercial motor vehicles and motor carriers.
C. The Commission Effective January 1, 2023, all powers, duties
and responsibilities exercised by the International Registration
Plan Section, the International Fuel Tax Agreement, the Unified
Carrier Registration program, and the administration of trip
permits, temporary fuel permits and harvest permits shall be
transferred from the Corporation Commission to the Department of
Public Safety.
D. Beginning January 1, 2023, 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 week upon the
availability of funds.
D. The Commission shall continue to conduct roadside
enforcement in the general area where a fixed facility is planned
but no fixed facility currently exists until a fixed facility is
located in the general area or July 1, 2016, whichever is earlier.
E. When a fixed facility is located in the general area,
Commission motor carrier and commercial motor vehicle enforcement
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shall be limited to the fixed facility and a radius surrounding the
facility. If the fixed facility is a weigh station as defined in
Section 1201 of this title, the applicable radius shall be seven (7)
miles. If the fixed facility is a port of entry weigh station as
defined in Section 1201 of this title, the applicable radius shall
be twenty-five (25) miles.
F. The Commission may assist in roadside enforcement in a joint
effort at the request of the Oklahoma Highway Patrol.
G. The Commission is authorized to conduct audits, reviews,
investigations, inspections or other enforcement actions by
enforcement officers provided those activities are within the scope
of the Commission's jurisdiction and are not conducted as roadside
enforcement in accordance with the provisions of the Oklahoma Weigh
Station Act of 2012.
H. E. The Commission Department may enter into interagency
cooperative agreements with other state or federal agencies to
jointly enforce federal and state laws or rules.
I. F. North American Standard Inspections shall be conducted
only by individuals holding certification in the level or
classification of inspection being conducted.
SECTION 73. AMENDATORY Section 4, Chapter 262, O.S.L.
2012 (47 O.S. Supp. 2020, Section 1203), is amended to read as
follows:
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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 on the same date by
any Oklahoma officer, provided neither the vehicle configuration nor
the load have 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 interagency
agreements to share information electronically to facilitate this
section.
SECTION 74. AMENDATORY 69 O.S. 2011, Section 306, as
amended by Section 571, Chapter 304, O.S.L. 2012 (69 O.S. Supp.
2020, Section 306), is amended to read as follows:
Section 306. Immediately upon the election and qualification of
the Director, he or she shall become vested with the duties and
powers of the management and control of the Department, under such
orders, rules and regulations as may be prescribed by the
Commission; and in addition thereto he or she shall have the
following specific powers and duties:
(a) 1. To supervise the state highway system under rules and
regulations prescribed by the Commission;
(b) 2. To appoint and employ, supervise and discharge such
professional, clerical, skilled and semiskilled help, labor and
other employees as may be deemed necessary for the proper discharge
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of the duties of the Department and to fix and determine the
salaries or wages to be paid subject to all such rules and
regulations as may be promulgated by the Commission, and subject to
the policies, rules and regulations of the Office of Management and
Enterprise Services and the State Merit System of Personnel
Administration;
(c) 3. To investigate and determine upon the various methods of
road and bridge construction and maintenance in the different
sections of the state;
(d) 4. To aid at all times in promoting highway improvements
and maintenance throughout the state;
(e) 5. To make recommendations to the Commission in the letting
of all contracts for construction or improvements of state highways
or any contract for road or bridge construction or improvement where
the work is being done in whole or in part with state or federal
monies; and to act for the Commission in the purchase of all
materials, equipment and supplies as provided for in this Code;
(f) 6. To place on the state highway system any road he or she
deems necessary and to the best i nterest of the state, when approved
by a majority of the entire Commission, and to eliminate from the
state highway system any road when approved by a majority of the
entire Commission;
(g) 7. To approve and pay claims for the services of
professional, clerical, skilled and semiskilled help, laborers and
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other employees, for the Commission, when the salary or wages of
such help and employees shall have been previously approved by the
Commission; and to approve and pay progressive estimates on work
done or contracts performed, where such work or contracts have
theretofore been approved by the Commission; and to approve and pay
claims for the purchase of equipment, materials and supplies
theretofore authorized by the Commission;
(h) 8. To make emergency purc hases of equipment, materials , and
supplies, and emergency contracts for construction and repairs,
under rules and regulations prescribed by the Commission;
(i) 9. To grant permission to state agencies, municipalities
and water companies or districts to l ay any water pipeline within
the rights-of-way of state highways, when approved by the
Commission; and
(j) 10. To act for the Department in all matters except as
otherwise provided in this Code ; and
11. Subject to the Merit System laws, the Director is h ereby
authorized to employ a supervisor of permit clerks, headquarters
permit clerks and additional permit clerks, who shall have the duty
to issue oversize and overweight permits in accordance with the
provisions of Chapter 14 of Title 47 of the Oklahoma Statutes and to
collect the fees therefor and to remit the same to the Oklahoma Tax
Commission.
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SECTION 75. REPEALER 47 O.S. 2011, Sections 171, 171.2
and 172.1, are hereby repealed.
SECTION 76. This act shall become effective July 1, 2021.
SECTION 77. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT MODERNIZATION AND
EFFICIENCY, dated 03/31/2021 - DO PASS, As Amended.