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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2348 By: Dempsey
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 1202, which relates to maintenance and
operations of fixed facilities; limiting types of
roads for certain enfor cement: modifying the area of
enforcement around certain weigh stations for certain
vehicle enforcement; and providing an effective date .
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1202, is
amended to read as follows:
Section 1202. A. The Department of Transportation, the
Oklahoma Turnpike Authority and the Corporation Commission may enter
into interagency agree ments concerning the equipment, maintenance
and operations of fixed facilities.
B. The Department of Transportatio n, the Authority and the
Commission shall endeavor to electronically upgrade weigh stations
as practical to minimize the duplication of inspe ctions for
compliant commercial motor vehicles and motor carriers.
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C. The Commission 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
shall be limited to the fixed facility and a radius surrounding the
state and U.S. highways within a certain distance from 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 or a port of entry weigh station, as defined
in Section 1201 of this title, the applicable radius area of
enforcement shall be twenty-five (25) state and U.S. highways within
five (5) miles of the facility.
F. The Commission may assist in roadside enforcement in a joi nt
effort at the request of the Oklahoma Highway Patrol.
G. The Commission i s 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
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enforcement in accor dance with the provisions of the Oklahoma Weig h
Station Act of 2012.
H. The Commission may enter into interagency cooperative
agreements with other state or federal agencies to j ointly enforce
federal and state laws or rules.
I. North American Standard I nspections shall be conducted only
by individuals holding certification in the level or classification
of inspection being conducted.
SECTION 2. This act shall become effective November 1, 2023.
59-1-6205 JBH 01/18/23