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ENGROSSED HOUSE
BILL NO. 2603 By: Lowe (Dick) of the House
and
Weaver of the Senate
[ motor carriers - Motor Carrier Public Safety
Enforcement Act – purpose - powers, duties and
responsibilities - Oklahoma Corporation Commission
- Department of Public Safety - transitional task
force - transitional period - interagency agreement
and approval - transfer of employees - equal pay -
retention of benefits - powers and authorities –
limitations – certification - peace officers -
retirement system elec tion - training program -
transfer of property and records – transfer of
funds – authority of state officials – officers of
the Department of Public Safety – interagency
agreements – Transportation Division – permit fees
– apportionment of fees – distribution – vehicles –
vehicle seizures – seized vehicles – Commission –
exclusive authority – investigations in enforcement
– Unified Carrier Registration System – guidelines
– rules – certification to transport household
goods – copy of certificate – conflicting
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constitutional provisions – filing certificates of
insurance coverage – complaints – appropriation –
Corporation Commission Revolving Fund – employment
of personnel – purchases – discretionary reporting
– license and permit for transportation of
deleterious substances – seizure and confiscation
of devices – liability – cargo insurance – bond –
vehicles required to be registered – temporary
permit – rules – offenses and penalties – transfer
of equipment and facilities – agreement –
confidentiality of repo rts – disclosures –
maintenance and operation of fixed facilities –
ports of entry weigh stations – display of license
inspection – repealer – enforcement officers –
codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 160 of Title 47, unless there is
created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the “M otor
Carrier Public Safety Enforcement Act”.
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B. The purpose of this act is to enhance public safety with
respect to the motor carrier industry, to foster a more consistent
and cohesive approach to enforcement of Oklahoma’s laws regulating
the motor carrier industry, and to advance the efficiency and
efficacy of motor carrier enforcement.
C. Beginning July 1, 202 6, and effective June 30, 202 7, all
powers, duties, and responsibilities for roadside investigation and
enforcement as well as investigation and e nforcement at fixed
facilities, as defined by Section 1201 of Title 47 of the Oklahoma
Statutes, of the following provisions, which shall be collectively
referenced within this section as the “Motor Carrier Laws” , shall be
transferred from the Oklahoma Cor poration Commission to the
Department of Public Safety:
1. Sections 161A through 180m of Title 47 of the Oklahoma
Statutes;
2. Sections 230.21 through 230.34b of Title 47 of the Oklahoma
Statutes;
3. The Trucking One-Stop Shop Act, including Sections 11 66
through 1169 of Title 47 of the Oklahoma Statutes ;
4. The Oklahoma Weigh Station Act of 2012, Sections 1200
through 1203 of Title 47 of the Oklahoma Statutes ;
5. The Oklahoma Motor Fuel/Diesel Fuel Importer for Use Tax
Code, Sections 601 through 616 o f Title 68 of the Oklahoma Statutes ;
and
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6. The Oklahoma Special Fuel Use Tax, Section s 701 through 723
of Title 68 of the Oklahoma Statutes.
D. To facilitate an orderly transition of duties, personnel,
and resources, there is hereby created a transition al task force to
oversee the transition mandated by this act. The transitional task
force shall consist of the Secretary of Public Safety or designee,
the Commissioner of Public Safety or designee, the Secretary of
Transportation or designee, a representa tive of Service Oklahoma, a
member of the Oklahoma State Senate to be appointed by the President
Pro Tempore, a member of the Oklahoma House of Representatives to be
appointed by the Speaker of the House, a member of the Oklahoma
Corporation Commission or designee, and a member of the motor
carrier industry to be appointed by the Governor, who shall serve as
the chair of the task force. The task force shall meet as often as
its membership deems necessary to carry out all duties set forth in
this section and to advise the Governor, the President Pro Tempore
of the Senate, and the Speaker of the House of Representatives of
any problems, issues, or concerns the task force concludes may
require further attention from the Legislature.
E. The period of July 1, 2 026, through June 30, 202 7, shall be
a transitional period in which the Department of Public Safety shall
gradually assume complete administration and authority over roadside
investigation and enforcement as well as investigation and
enforcement at fixed f acilities, as defined by Section 1201 of Title
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47 of the Oklahoma Statutes , with respect to the Motor Carrier Laws.
The transitional task force shall oversee the transition, and the
Corporation Commission and Department of Public Safety shall
cooperate with the task force and with each other on an orderly and
expeditious transition pursuant to the terms of this act. The
Corporation Commission and Department of Public Safety may, by
interagency agreement and with approval of the task force, transfer
personnel, property, and responsibilities, in whole or in part, at
any time during the transitional period, provided the transition
mandated by this act shall be completed no later than June 30, 202 7,
at which time the Department of Public Safety shall have comp lete
administration and management over the enforcement authority granted
pursuant to this act, and any officer of the Department of Public
Safety, including State Troopers and Commercial Motor Vehicle
Enforcement Officers, shall be authorized to enforce t he Motor
Carrier Laws in all parts of this state.
F. Corporation Commission personnel whose duties are
transferred under this act shall be transferred to the Department of
Public Safety during the transition al period and no later than June
30, 2027. The Corporation Commission and the Department of Public
Safety shall cooperate to complete an orderly and expeditious
transfer of personnel according to the supervision and direction of
the transitional task force.
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1. All personnel of the Corporation Commissi on’s
Transportation Division who , as of the effective date of this act,
carry a law enforcement commission shall be transferred to the
Department of Public Safety pursuant to the provisions of this act.
2. Noncommissioned enforcement officers of the Corp oration
Commission’s Transportation Division shall be transferred to the
Department of Public Safety pursuant to the provisions of this act,
provided the Corporation Commission may retain a limited number of
such noncommissioned personnel to serve as civil ian enforcement
auditors and inspectors in furtherance of the regulatory programs
over which the Corporation Commission has jurisdiction. Any such
civilian personnel retained by the Corporation Commission shall no
longer be designated as Motor Vehicle Enf orcement Officers. The
Corporation Commission and Department of Public Safety shall
cooperate on the identification of such personnel who shall be
transferred or retained by the Transportation Division, with the
transitional task force having final approv al.
3. All Corporation Commission administrative personnel who are
assigned on a full-time basis to, and stationed at, fixed
facilities, as defined by Section 1201 of Title 47 of the Oklahoma
Statutes, shall be transferred to the Department of Public Safe ty
pursuant to the provisions of this act.
4. Personnel transferred pursuant to the provisions of this
act shall not be required to accept a lesser salary than received as
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of the effective date of this act. All such persons shall retain
leave, sick, and annual time earned and any retirement benefits
which have accrued during their tenure with the Corporation
Commission.
5. Except as otherwise allowed by law, after the effective
date of this act, the Corporation Commission shall not increase the
number of personnel or the salary of personnel to be transferred
pursuant to the provisions of this act without the approval of the
Department of Public Safety or the transitional task force.
G. As of the effective date of this act, all preexisting
Department of Public Safety port of entry officers shall be
designated as Commercial Motor Vehicle Enforcement Officers. All
enforcement officers transferred from the Corporation Commission to
the Department of Public Safety shall become Department of Public
Safety Commercial Motor Vehicle Enforcement Officers.
1. Any commissioned Department of Public Safety Commercial
Motor Vehicle Enforcement Officer shall exercise the powers and
authorities of an officer of the Department of Public Safety, as set
forth in Section 2-117 of Title 47 of the Oklahoma Statutes,
provided the Commissioner of Public Safety may set any limitations
on the power, scope of the authority, and geographical areas of
responsibility of such officers. All commissioned staff shall
obtain and maintain c ertification by the Council on Law Enforcement
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Education and Training (CLEET) as full -time peace officers in
accordance with Section 3311 of Title 70 of the Oklahoma Statutes.
2. Any noncommissioned Department of Public Safety Commercial
Motor Vehicle Enforcement Officer shall exercise the powers and
authorities assigned by the Commissioner of Public Safety, but they
shall not have authority to act as a peace officer.
3. Any person appointed by the Department of Public Safety as
a commissioned Commercial Motor Vehicle Enforcement Officer may
participate in either the Oklahoma Law Enforcement Retirement System
or the retirement system operated by the Oklahoma Public Employees
Retirement System for which the person is eligible, and such person
shall make an irrevocable election in writing to participate in one
of the two retirement systems.
H. The Department of Public Safety shall accept all
enforcement officers transferred from the Corporation Commission ;
provided, the Department of Public Safety may requir e all
transferred commissioned enforcement officers to meet the minimum
requirements established by the Department of Public Safety for
commissioned Commercial Motor Vehicle Enforcement Officers, and the
Department of Public Safety may require all transfer red
noncommissioned enforcement officers to meet the minimum
requirements established by the Department of Public Safety for
noncommissioned Commercial Motor Vehicle Enforcement Officers. The
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provisions of this act shall not prohibit the Department of Pub lic
Safety from gradually reducing personnel through attrition.
I. The Department of Public Safety shall develop a training
program to cross-train all Commercial Motor Vehicle Enforcement
Officers, those previously employed by the Department of Public
Safety and those transferred to the Department of Public Safety
through this act, to equip such officers to carry out the authority
entrusted to them, including but not limited to the power to enforce
the Motor Carrier Laws and the Oklahoma Motor Carrier Safe ty and
Hazardous Materials Transportation Act, and to obtain the
certifications required to perform North American Standard
Inspections as defined by Section 1201 of Title 47 of the Oklahoma
Statutes.
J. Unless the Department of Public Safety and Corporat ion
Commission agree to an earlier transfer with the approval of the
task force, effective June 30, 202 7, all records and property
allocated, as of the effective date of this act, by the Corporation
Commission to and for its enforcement officers shall be t ransferred
to the Department of Public Safety, including but not limited to:
1. Motor vehicles assigned to, or allocated for use by,
enforcement officers or fixed facilities, as defined by Section 1201
of Title 47 of the Oklahoma Statutes ;
2. Uniforms, firearms, ammunition, duty belts, body armor,
communications equipment, telephone and mobile phone equipment,
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computer equipment, furniture, and other law enforcement equipment
assigned to, or allocated for use by, enforcement officers;
3. All other computer equipment, telephone and mobile phone
equipment, furniture and property assigned to, or allocated for use
by, fixed facilities, as defined by Section 1201 of Title 47 of the
Oklahoma Statutes; and
4. Personnel records of transferred personnel.
K. The Corporation Commission shall grant to the Department of
Public Safety access to its systems and networks necessary for the
Department of Public Safety to perform all duties authorized by this
act.
L. Funds sufficient to support the transfer of powers, dut ies,
responsibilities, and personnel shall be appropriated or allocated
to the Department of Public Safety for fiscal year 202 7 and
thereafter. The Office of Management and Enterprise Services is
hereby authorized to transfer such funds as may be necessar y to
effect such allocations.
M. This act shall in no way limit the preexisting powers and
duties of officers of the Department of Public Safety. The power
vested in commissioned officers of the Department of Public Safety
shall include, but not be limit ed to, the power to:
1. Enforce, in all parts of this state, Sections 161 A through
180m of Title 47 of the Oklahoma Statutes , Sections 230.1 through
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230.34b of Title 47 of the Oklahoma Statutes , and any rules and
regulations issued pursuant thereto ;
2. Stop and inspect any commercial operator, any commercial
motor vehicle, or the contents of any commercial motor vehicle for
compliance with Sections 161A through 180m of Title 47 of the
Oklahoma Statutes, Sections 230.1 through 230.34b of Title 47 of the
Oklahoma Statutes, or any rules and regulations issued pursuant
thereto;
3. Require a commercial operator to stop and submit to an
inspection of the identification device, or devices, in the vehicle
and submit to the officer any bills of lading, waybills, o r other
evidences of the character of the commerce being transported in such
vehicle, and to submit to an inspection of the contents of such
vehicle for the purpose of comparing same with bills of lading or
shipping documentation, waybills, or other eviden ces of
transportation carried by the driver of the vehicle ;
4. Enter upon, inspect, examine, and copy , at reasonable times
and in a reasonable manner, the records and properties of motor
carriers and other persons to the extent such records and properties
relate to compliance with Sections 161 A through 180m of Title 47 of
the Oklahoma Statutes , Sections 230.1 through 230.34b of Title 47 of
the Oklahoma Statutes , or any rules and regulations issued pursuant
thereto;
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5. Hold and detain any motor vehicle ope rating upon the
highways of this state if the officer has reason to believe the
vehicle is being operated contrary to the provisions of Sections
161A through 180m of Title 47 of the Oklahoma Statutes , Sections
230.1 through 230.34b of Title 47 of the Oklahoma Statutes, or any
rules and regulations issued pursuant thereto.
N. No state official, other than the Commissioner of Public
Safety or his or her designee, shall have any power, right, or
authority to command, order, or direct any officer of the Depart ment
of Public Safety to perform any duty or service authorized by the
Motor Carrier Laws or this act.
O. The Department of Public Safety and the Corporation
Commission may enter into interagency agreements for the purpose of
implementing, administering, and enforcing the provisions of this
act.
SECTION 2. AMENDATORY 17 O.S. 2021, Section 40, is
amended to read as follows:
Section 40. A. There is hereby created within the Oklahoma
Corporation Commission a division to be known as the Transportation
Division. The Division shall be comprised of a Director and shall
include special motor carrier enforcement officers created by
Section 171.1 of Title 47 of the Oklahoma Statutes, motor carrier
enforcement officers created by Section 1 72 of Title 47 of the
Oklahoma Statutes, and such other persons as the Commission may find
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necessary to carry out the responsibilities prescribed by law and to
enforce the orders, rules, regulations and judgments of the
Commission.
B. Effective June 30, 2 027, the Division shall no longer employ
the motor carrier enforcement officers referenced in this section,
such officers having been transferred to the Department of Public
Safety.
C. Effective June 30, 202 7, the Commission shall no longer
employ commissioned personnel or issue law enforcement commissions
to any of its personnel, and the Commission shall no longer function
as a law enforcement agency. The Commission and its Transportation
Division may continue to employ civilian enforcement auditors and
inspectors in furtherance of the regulatory programs over which the
Corporation Commission has jurisdiction, provided such personnel
shall not be designated as Motor Carrier Enforcement Officers or
Motor Vehicle Enforcement Officers.
SECTION 3. AMENDATORY 47 O.S. 2021, Section 14 -116, as
amended by Section 9, Chapter 116, O.S.L. 2022 (47 O.S. Supp. 2023,
Section 14-116), is amended to read as follows:
Section 14-116. A. The Executive Director of the 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
Executive Director of the Department of Transportation shall charge
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a fee of Ten Dollars ($10.00) for each thousand pounds in excess of
the legal load limit. The Executive Director of the Department of
Transportation shall establish any necessary rules for collecting
the fees.
B. The Department of Transportation is authori zed 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 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 deposi ted to a special account of the
Department of 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 Weigh Station Improvement Revolving Fund established pursuant to
Section 1167 of this title.
C. 1. Application for permits shall be made a reasonable time
in advance of the expected time of movement of such vehicles. For
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emergencies affecting the health or safety of persons or a
community, permits may be issued for immediate movem ent.
2. Size and weight permit offices in all districts where
applicable shall issue permits to authorize carriers by telephone
during weekdays.
D. No overweight permit shall be valid until all license taxes
due the State of Oklahoma have been paid.
E. No permit violation shall be deemed to have occurred when an
oversize or overweight movement is made pursuant to 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 permit. When
the permittee provides the list described in this subsection, the
license plate number for any trailer or semitrailer to be moved wi th
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
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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 designate d truck
carriers or well service carriers manufactured in Oklahoma shall not
be required to purchase an overweight permit when being delivered to
the first purchaser.
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 fisca l year beginning July 1,
2022, and all subsequent years, the next Two Million Five Hundred
Thousand Dollars ($2,500,000.00) of proceeds from both the permit
fees and the overweight permit fees imposed pursuant to subsection A
of this section collected mont hly shall be remitted to the
Department of Public Safety for the purpose of staffing the port of
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 thro ugh the promulgation of rules. For
the fiscal year beginning July 1, 2017, and 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
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excess of Three Millio n Seven Hundred Sixteen Thousand Dollars
($3,716,000.00) 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 4. AMENDATORY 47 O.S. 2021, Section 14 -122, is
amended to read as follows:
Section 14-122. A. Notwithstanding the provisions of Section
1104 of Title 47 of the Oklahoma Stat utes this title, the first
Twenty Million Dollars ($20,000,000.00) of the following fees shall
be deposited in the General Revenue Fund remitted to the Department
of Public Safety for the purpose of public safety enforcement to be
apportioned distributed as follows:
1. Twenty Dollars ($20.00) of any fee collected for a minimum
permit fee pursuant to Section 14 -116 of Title 47 of the Oklahoma
Statutes this title;
2. Five Dollars ($5.00) of any fee collected for excess weight
pursuant to Section 14 -116 of Title 47 of the Oklahoma Statutes this
title;
3. Two Hundred Fifty Dollars ($250.00) of any fee collected
pursuant to Section 14 -120 of Title 47 of the Oklahoma Statutes this
title; and
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4. One Hundred Twenty Dollars ($120.00) of any fee collected
pursuant to Section 14-121 of Title 47 of the Oklahoma Statutes this
title.
B. Any fees collected pursuant to Sections 14 -116, 14-120 and
14-121 of Title 47 of the Oklahoma Statutes this title that are in
excess of Twenty Million Dollars ($20,000,000.00) shall be
apportioned as otherwise provided for in the sections specified in
this subsection.
C. Any monies remitted to the Department of Public Safety
pursuant to this section before the Department of Public Safety
receives the personnel transfer provided for by Section 1 of this
act shall be used by the Department of Public Safety for the
purchase of vehicles and equipment for officers of the Department of
Public Safety.
SECTION 5. AMENDATORY 47 O.S. 2021, Section 116.14, is
amended to read as follows:
Section 116.14. In the event any vehicle is found with no
registration, not properly registered for the load carried, or
improperly registered in any manner under the provisions of Section
116.2a et seq. of this title or any provisions of the motor vehicle
license and registration laws of this state, Corporation Commission
enforcement officers or officers of the Department of Public Safety
shall be authorized to seize and take such vehicle into custody
until such time as such vehicle is pro perly registered and the
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license fee thereon is paid in full together with any penalty
provided by law plus the cost of seizure, including the reasonable
cost of taking such vehicle into custody and storing it. Any load
on such vehicle shall be disposed o f by the owner or operator of
such vehicle. In the event such license fee and penalty together
with the cost of seizure and storage is not paid, the enforcement
officer Office of Management and Enterprise Services shall proceed
to sell such vehicle by pos ting not less than five notices of sale
in five different public places in the county where such property is
located, one of such notices to be posted at the place where the
vehicle is stored; provided, a copy of such notice shall also be
sent by registered mail, return receipt requested, to the last -known
address of the registered owner of such vehicle in question. Such
vehicle shall be sold at such sale subject to the following terms
and conditions:
1. In the event the sale price is equal to , or greater than,
the total cost costs of sale, seizure, and the fee and penalty, the
purchaser shall be issued a certificate of purchase, license plate
and registration certificate;
2. In the event the sale price is less than the total costs of
sale, seizure, and t he fee and penalty, such vehicle shall be sold
as junk to the highest bidder, whereupon the bidder shall receive a
certificate of purchase; and if such vehicle be dismantled, the
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record to such junked vehicle shall be canceled. If not dismantled,
the same shall forthwith be registered anew; and
3. Any residual amount remaining unclaimed by the delinquent
owner shall be administered in accordance with the Uniform Unclaimed
Property Act (1981).
SECTION 6. AMENDATORY 47 O.S. 2021, S ection 162, is
amended to read as follows:
Section 162. A. The Corporation Commission 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 ca rgo 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 ; provided, effective June
30, 2027, officers of the Department of Public Safety shall have
exclusive authority for roadside investigation and enforcement as
well as investigation and enforcement at fixed facilities, as
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defined by Section 1201 of this title, of the provisions of this act
and associated rules promulgated by the Commission .
B. The Commission is authorized to promulgate rules applicable
to persons transporting household goods.
C. 1. The Commission is authorized to administer a hazardous
material transportation registration and pe rmitting program for
motor carriers engaged in transporting hazardous material upon or
over the public highways and within the borders of the state.
2. The Commission shall promulgate rules implementing the
provisions of this subsection. Rules promulgate d pursuant to this
subsection shall be consistent with, 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 St ates 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 Environment al 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 is authorized to promulgate rules and set
fees applicable to interstate motor carriers, pertaining to carrier
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registration, operation of equipment and filing of proper proof of
liability insurance.
SECTION 7. AMENDATORY 47 O.S. 2021, Section 162.1, is
amended to read as follows:
Section 162.1. A. The Corporation Commission 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 interstat e
motor carriers holding 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 49 U.S.C., Section 14504a et seq.
B. It is hereby declared unlawful for any person, its employee,
its agent, or its independent contractor to operate a motor vehicle
within this state when the motor carrier, the motor vehicle, or the
commercial operator is not in compliance with the Commission ’s rules
issued pursuant to this section.
SECTION 8. AMENDATORY 47 O.S. 2021, Section 163, is
amended to read as follows:
Section 163. A. No person shall transport household goods for
compensation or other consideration in intra state commerce without a
valid certificate issued by the Corporation Commission , a copy of
which shall be maintained in the motor vehicle .
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B. The Commission 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.
D. Record-keeping documents, as required b y the Commission,
shall be maintained by the motor carrier of household goods for a
minimum of three (3) years. The Commission is authorized to require
certain documents to be retained for a longer period of time pending
a claim for any other reason the C ommission deems necessary.
E. It is hereby declared unlawful for any person, its employee,
its agent, or its independent contractor to operate a motor vehicle
within this state when the motor carrier, the motor vehicle, or the
commercial operator is not i n compliance with this act or the
Commission’s rules pursuant thereto.
F. Any person, motor carrier, or shipper who shall willfully
violate any provision of this act or the Commission’s rules pursuant
thereto may be found in violation by the Commission. 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) .
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SECTION 9. AMENDATORY 47 O.S. 2021, Section 166.5, is
amended to read as follows:
Section 166.5. If this act or, the Motor Carrier Act of 1995 ,
the Motor Carrier Public Safety Enforcement Act, the Oklahoma Motor
Carrier Safety and Hazardous Materials Transportation Act, the
Oklahoma Weigh Station Act of 2012, or any provision hereof of
Chapter 56 of this title 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 any such conflicts or
inconsistencies, it is hereby expressly declared that this entire
act these aforementioned acts and this section are amendments to and
alterations of the sections of the Constitution, as authorized by
Section 35 of Article IX of said Constitution.
SECTION 10. AMENDATORY 47 O.S. 2021, Section 166a, is
amended to read as follows:
Section 166a. A. As used in this section:
1. "Authorized carrier" means a motor carrier of household
goods;
2. "Equipment" means a motor vehicle, straight truck, tractor,
semitrailer, full trailer, any combination of these and any other
type of equipment used by authorized carriers in the transpor tation
of household goods;
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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 w hich the owner
grants the use of equipment, with or without driver, for a specified
period to an authorized carrier for use in the regulated
transportation of household goods in 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 use of
equipment with or without driver from another;
7. "Addendum" means a supplement to an existing lease which is
not effective until signed by the lessor and lessee; and
8. "Shipper" means a person who sends or receives household
goods which are transported in intrastate commerce in this state.
B. An authorized carrier may perform authorized transportation
in equipment it does not own only under the following conditions:
1. There shall be a written lease 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
Commission's requirements; and
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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 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 autho rized carrier and
the owner of the equipment. The lease shall be signed by these
parties or by their authorized representatives;
2. The lease shall specify the time and date or the
circumstances on which the lease begins and ends and include a
description of the equipment which shall be identified by vehicle
serial number, make, year, model and current license plate number;
3. The period for which the lease applies shall be for thirty
(30) days or more when the equipment is to be operated for the
authorized carrier by the owner or an employee of the owner;
4. The lease shall provide that the authorized carrier lessee
shall have exclusive 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
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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 cle arly 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 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 permitted 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
or a credit for base plates purchased by the lessor from, and issued
in the name of, the authorized carrier, or if the base plates are
authorized to be sold by the authorized carrier to another lessor ,
the authorized carrier shall refund to the initial lessor on whose
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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 docum ents 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 a uthorized 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 carrier, but ultimately
deducted from the lessor's compensation at the time of payment or
settlement together with a recitation as to how the amount of each
item is to be computed . The lessor shall be afforded copies of
those documents which are necessary to determine the validity of the
charge;
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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 conditions 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, and it shall be unlawful to operate such equipment
without a copy of the lease i n the equipment. 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 to the leasing of
equipment with which to perform household goods transportation by
motor carriers.
SECTION 11. AMENDATORY 47 O.S. 2021, Section 169, is
amended to read as follows:
Section 169. A. No certificate shall be issued by the
Corporation Commission to any motor carrier of household goods until
after such motor carrier shall have filed with th e Commission 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 Comm ission, which bond
or policy shall be approved by the Commission, and shall be in such
sum and amount as fixed by a proper order of the Commission; and
such liability and property damage insurance policy or bond shall
bind the obligor thereunder to make co mpensation 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 mai ntain 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 of household goods shall file with the
Commission a cargo insurance policy or bond covering any goods or
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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,
which bond or policy shall be approved by the Commission, and shall
be in a sum and amount as fixed by Commission rule. The cargo
insurance must be filed with the Commission prior to a certificate
being issued by the Commission.
C. No carrier, whose principal place of business is in
Oklahoma, shall conduct any operations in th is 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 oper ations 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 Departmen t.
D. Each motor carrier shall maintain on file, in full force,
all insurance required by the laws of the State of Oklahoma and the
rules of the Commission 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, suspend such carrier's rights to operate until proper
insurance is provided. Any carrier suspended for failure to
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maintain proper insurance shall have a reasonable time, n ot
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 cov erage.
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. No certificate so c anceled
shall be reinstated or otherwise made operative except that the
Commission 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 peri od, and that
failure to file with the Commission 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.
F. The Commission shall , in its discretion, permit the filing
of certificates of insurance coverage on such form as may be
prescribed by the Commission, in lieu of copies of insurance
policies or bonds, with the proviso that if the certificates are
authorized, the insurance comp any or carrier so filing it, upon
request of the Commission, shall, at any time, furnish an
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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 in writing of the
facts or as deemed necessary by the Commission.
G. It is hereby declared unlawful for any person, its employee,
its agent, or its independent contractor to eng age in household
goods transportation by motor carriers in violation of this section
or the Commission's rules issued pursuant to this section.
SECTION 12. AMENDATORY 47 O.S. 2021, Section 170.1, is
amended to read as follows:
Section 170.1. A. Upon any complaint in writing under oath
being made by any officer of the Department of Public Safety, any
other person, or by the Commission of its own motion, setting forth
any act or thing done or omitted to be done by any person in
violation, or claimed violation, of any provision of law, or of any
order or rule of the Commission, the Commission shall enter same
upon its docket and shall immediately serve a copy thereof upon each
defendant together with a notice directed to each defendan t
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 may, in its discretion, require particular cases
to be answered within a shorter time, and the Commi ssion may, for
good cause shown, extend the time in which an answer may be filed.
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Upon the filing of the answer herein provided for, the
Commission shall set a time and place for the hearing, and notice of
the time and place of the hearing shall be served not less than ten
(10) days before the time set therefor, unless the Commission shall
find that public necessity requires the hearing at an earlier date.
B. The Commission may, in all matters within its jurisdiction,
issue subpoenas, subpoenas duces tecum , and all necessary process in
proceedings pending before the Commission; may administer oaths,
examine witnesses, compel the production of records, books, papers,
files, documents, contracts, correspondence, agreements, or accounts
necessary for any inves tigation being conducted, and certify
official acts.
C. In case of failure on the part of any person to comply with
any lawful order of the Commission, or of any Commissioner, 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 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 Co mmission 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.
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E. In the 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 shall extend to all
parts of the state and any such process, together with the service
of all notices issued by the Commission, as well as copies of
complaints, rules, orders and regulations of the Commission, may be
served by any person authorized to serve process issued out of
courts of record, or by certified mail.
G. After the conclusion of any hearing, the Commission 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 court in which any action of the Commission is involved to
determine the controverted questions presented by the proceeding. A
copy of such order, certified under the seal of the Commission,
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, be complied with within
fifteen (15) days, the Commission may grant and prescribe such
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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 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 the
Commission have been willfully and knowingly violated and the
violator holds a permit or certificate or license issued by the
Commission authorizing it to engage in the transportation of persons
or property for hire, then such permit or certificate or license may
also be revoked by the Commission.
I. Where a complaint is instituted by any person other than an
officer or employee of the Department of Public Safety or the
Commission of its own motion and in the event the Commission should
find that the complaint was not in good faith, the complaining party
shall be required to pay the defendant's attorney's fee, the fee to
be prescribed by the Commi ssion in accordance with applicable
Oklahoma Bar Association standards.
J. Any person aggrieved by any findings and order of the
Commission 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 13. AMENDATORY 47 O.S. 2021, Section 171, is
amended to read as follows:
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Section 171. All monies accruing to the "Corporation Commission
Revolving Fund" are hereby appropriated to the Corporation
Commission.
The Consistent with the provisions of this act and the Motor
Carrier Public Safety Enforcement Act, the Corporation Commission is
hereby authorized and empowered to employ such extra help as may be
necessary to carry out the provisions of this act for the
enforcement of the law and the collection of taxes set forth herein,
said employees to be paid from the appropriations made in this
section. Provided, such employees shall be paid such salaries or
compensation as is paid for similar service in th is state in the
same or other departments of the state. The Corporation Commission
is hereby authorized to pay from the "Corporation Commission
Revolving Fund" such extra operating expenses as may be attributable
to the enforcement of this act, in the sam e manner and form as other
expenses are paid.
Provided further, such employees shall be such extra help as may
be in the judgment of the Corporation Commission necessary to aid in
the enforcement of this act in addition to the positions hereinafter
created; the salaries and expenses of the positions hereinafter
created shall be paid out of funds appropriated by the general
departmental appropriations act.
SECTION 14. AMENDATORY 47 O.S. 2021, Section 171.1, is
amended to read as foll ows:
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Section 171.1. In addition to other uses authorized by law,
funds provided to the Corporation Commission 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 may
employ noncommissioned personnel to serve as civilian enforcement
auditors and inspectors in furtherance of regulating the
unauthorized transportation or disposal of deleterious substances or
other unauthorized transportation in violati on of the Motor Carrier
Act of 1995 or the rules and regulations for motor carriers as
promulgated by the Corporation Commission ;
2. Except as provided by the Motor Carrier Public Safety
Enforcement Act, the Commission may employ four special motor
carrier enforcement 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 of 1995 and any other
applicable provisions of law. Such employees shall be compensated
as for similar service in the same or other departments of the state
and an expense allowance of One Hundred Dollars ($100.00) per m onth
for maintenance and cleaning of uniforms and other related expenses
shall be paid to such employees. Nothing in this section regarding
expense allowances shall be construed to mean that such employees
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shall receive any additional compensation beyond what is provided
for maintenance and cleaning of uniforms and other related expenses
by the Corporation Commission on the effective date of this act .;
2. The Commission shall
3. Except as provided by the Motor Carrier Public Safety
Enforcement Act, the C ommission may purchase a sufficient number of
motor vehicles to provide each motor carrier enforcement officer
employed in the Transportation Division a motor vehicle suitable to
carry out the enforcement provisions of applicable law. Said
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 Revolving Fund .;
3. 4. The Commission shall employ a hearing officer whose
primary responsibility shall be the adjudication of enforcement
proceedings and complaints brought against persons engaged in
unauthorized transportation or disposal of deleterious substances or
other unauthorized transportation in violation of the Oklahoma Motor
Carrier Act of 1995 or the rules and regulations of motor carriers
as promulgated by the Corporation Commission.
SECTION 15. AMENDATORY 47 O.S. 2021, Section 172, is
amended to read as follows:
Section 172. A. Every owner of any motor vehicle, the agents
or employees of the owner, and every other person who violates or
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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, 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, direction, demand, or regulation , and any person who
operates a motor vehicle in this state when the motor carrier, the
motor vehicle, or the commercial operator is not in compliance with
Sections 161A through 180m of this title, the Motor Carrier Act of
1995, or any rule or regulation issued by the Corporation Commission
pursuant to these statutes , 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 shall may report to the Attorney
General of this state and the district attorney of t he proper county
having jurisdiction of such offense , any violation of any of the
provisions of Sections 161 161A through 180m of this title or the
Motor Carrier Act of 1995 , or any rule of the Corporation Commission
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.
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Upon receipt of such report, the Attorney General or the district
attorney of the proper co unty 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 Ge neral or any district attorney, to comply
with the provisions of this section, shall be deemed official
misconduct. The Corporation Commission 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 p romulgated 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 , and shall be subject to a fine to be imposed
by the Corporation Commission in a sum not 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 pursuan t to the provisions of this section shall be
deposited in the State Treasury to the credit of the Corporation
Commission Trucking One-Stop Shop Fund, as created in Section 1167
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of this title. This subsection shall not apply in the specific
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 insu rance 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 officers shall be vested with all powers of peace officers in
enforcing the provisions of Sections 161 161A through 180m of this
title and the Motor Carrier Act of 1995 in all parts of this state.
The powers and duties conferred upon said enforcement 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 officers of members of the Division of Highway Patrol, subje ct to
the Department of Public Safety.
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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 161A through 180m of this title or the
Motor Carrier Act of 199 5, shall be authorized to require the driver
of the vehicle to stop and submit to an inspection of the
identification device, or devices, in the vehicle, and to submit to
such enforcement officer bills of lading, waybills, or other
evidences of the charact er of the commerce being transported in such
vehicle, and to submit to an inspection of the contents of such
vehicle for the purpose of comparing same with bills of lading or
shipping documentation, waybills, or other evidences of
transportation carried by the driver of the vehicle. The officers
shall not have the right to plea bargain.
G. The enforcement officers are authorized to serve all
warrants, writs, and notices issued by the Corporation Commission
relating to the enforcement of the provisions of Sections 161 161A
through 180m of this title or the Motor Carrier Act of 1995 and the
rules, regulations, and requirements prescribed by the Corporation
Commission promulgated pursuant to Sections 161 161A through 180m of
this title or the Motor Carrier Ac t 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 161A through 180m of this title or the
Motor Carrier Act of 1995. The enforcement of ficers are authorized
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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 161A 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 161A through 180m of
this title or the Motor Carrier Act of 1995.
I. No state official, other than membe rs of the Corporation
Commission, shall have any power, right, or authority to command,
order, or direct any enforcement officer to perform any duty or
service authorized by Sections 161 161A through 180m of this title
or the Motor Carrier Act of 1995.
J. Each of the enforcement officers shall, before entering upon
the discharge of their duties, take and subscribe to the usual oath
of office and shall execute to the State of Oklahoma a bond in the
sum of Twenty-five Thousand Dollars ($25,000.00) each, with
sufficient surety for the faithful performance of their duty. The
bond shall be approved and filed as provided by law.
K. No enforcement officer or employee of the Oklahoma
Corporation Commission shall have the right to plea bargain in motor
carrier or motor transportation matters submitted to the Commission
for adjudication except the chief legal counsel of the Commission or
an assign of the legal staff of the chief legal counsel.
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L. In accordance with the Motor Carrier Public Safety
Enforcement Act, effective June 30, 202 7, the Commission shall no
longer employ the enforcement officers referenced in this section.
SECTION 16. AMENDATORY 47 O.S. 2021, 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 bri ne wells, for any valuable
consideration whatever, or in any quantity over twenty (20) gallons,
without a license authorizing such operation and a deleterious
substance transport permit to be issued by the Commission.
Provided, transportation of such subs tances by private carrier of
property by motor vehicle shall require a deleterious substance
transport permit. Any permit required by this section shall be
carried in any vehicle engaged in the transportation of deleterious
substances.
B. No carrier shall transport deleterious substances under a
carrier license issued by the Commission 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
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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 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 shall maintain a current list of such
permits. The Commission shall charge such annual deleterious
substance transport pe rmitting fees as will cover the cost of
issuing such licenses and an annual fee of Two Hundred Fifty Dollars
($250.00) for each such deleterious substance transport license.
Proceeds from the fees shall be deposited by the Commission in the
State Treasury to the credit of the Corporation Commission Revolving
Fund. The provisions of this section are supplemental and are in
addition to the laws applicable to motor carriers.
E. It shall be unlawful for any person to engage in the
transportation of deleterio us substances or to operate a vehicle
engaged in the transportation of deleterious substances without a
permit required by this section.
SECTION 17. AMENDATORY 47 O.S. 2021, Section 180c, is
amended to read as follows:
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Section 180c. The Oklahoma Corporation Commission may issue an
order for the seizure and confiscation and return to the Commission
of any identification device or devices , for any of the following
reasons, and to direct said order or orders to any officer of the
State of Oklahoma charged with the duties of enforcing the
provisions of this act 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, to lapse or become cancelled canceled 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 , or his or her
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, deman d or requirement, or any part or
provision thereof, of the Commission , or who fails to obey, observe,
or comply with any direction or demand of an officer of the
Department of Public Safety ;
3. Upon the cancellation or revocation of the certificate or
permit or (IRC) Interstate Registration Certificate (IRC) or license
under which said identification device or devices were issued; or
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4. For operating any powered motor vehicle in violation of the
terms and provisions of this act or the Motor Carrier Act of 1995
and all applicable size and weight laws and safety standards of this
state.
SECTION 18. AMENDATORY 47 O.S. 2021, Section 180m, is
amended to read as follows:
Section 180m. In addition to all other duties as provided by
law, it is hereby declared to be, and shall be , the duty of all
officers of the Department of Public Safety, sheriffs, deputy
sheriffs, district attorneys, and enforcement officers appointed by
the Corporation Commission of the State of Oklahoma , and all highway
patrolmen within the State of Oklahoma :
1. To enforce the provisions of Sections 180 through 180m of
this title or the Motor Carrier Act of 1995;
2. To apprehend and detain any motor vehicle or vehicles and
driver or operator and their aides who are op erating 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 Sections 180 through 180m of this title or the Motor
Carrier Act of 1995;
3. To make arrests for the violation of the provisions of
Sections 180 through 180m of this title or the Motor Carrier Act of
1995, without the necessity of procuring a warrant;
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4. To sign the necessary co mplaint and to cause the violator or
violators to be promptly arraigned before a court of competent
jurisdiction for trial;
5. To aid and assist in the prosecution of the violator or
violators in the name of the State of Oklahoma to the end that this
law shall be enforced;
6. To report all such arrests for violations of Sections 180
through 180m of this title to the Corporation Commission of Oklahoma
within ten (10) days after making such arrest and to furnish such
information concerning same as the Commi ssion may request; and
7. At the request of the Corporation Commission, to seize and
confiscate any and all identification devices and to forward the
same to the Corporation Commission for cancellation.
SECTION 19. AMENDATORY 47 O .S. 2021, Section 230.29, is
amended to read as follows:
Section 230.29. A. As used in this section:
1. "Authorized carrier" means a person or persons authorized to
engage in the transportation of passengers or property as a licensed
motor carrier;
2. "Equipment" means a motor vehicle, straight truck, tractor,
semitrailer, full trailer, any combination of these and any other
type of equipment used by authorized carriers in the transportation
of passengers or property for hire;
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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 w ithout 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, means the party granting the use of
equipment, with or without driver, to another;
6. "Lessee", in a lease, means the party acquiring the use of
equipment, with or without driver, from another;
7. "Addendum" means a supplement to an existing lease which 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.
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 accord ance with the
requirements of the Commission; and
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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 pur suant 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;
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;
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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 whi ch 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 an y unused portions of such items.
Except when the violation results from the acts or omissions of the
lessor, the authorized carrier lessee shall assume the risks and
costs of fines for overweight and oversize trailers when the
trailers are preloaded, seal ed, or the load is containerized, or
when the trailer or lading is otherwise outside of the lessor's
control, and for improperly permitted overdimension and overweight
loads and shall reimburse the lessor for any fines paid by the
lessor. If the authorize d carrier is authorized to receive a refund
or a credit for base plates purchased by the lessor from, and issued
in the name of, the authorized carrier, or if the base plates are
authorized to be sold by the authorized carrier to another lessor ,
the authorized carrier shall refund to the initial lessor on whose
behalf the base plate was first obtained a prorated share of the
amount received;
7. The lease shall specify that payment to the lessor shall be
made by the authorized carrier within fifteen (15) da ys after
submission of the necessary delivery documents and other paperwork
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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 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 t he 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 copies of
those documents which are necessary to determine the validity of the
charge;
10. The lease shall specify that the lessor is not required to
purchase or rent any products, equipment, or services from the
authorized carrier as a condition of 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
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b. the lease shall clearly specify the conditions under
which deductions for cargo or property damage may be
made from the lessor's settlem ents. 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 explan ation 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 t he equipment during the period
of the lease, and it shall be unlawful to operate such equipment
without a copy of the lease in the equipment . The owner of the
equipment shall keep the other copy of the lease.
D. The provisions of this section shall apply to the leasing of
equipment with which to perform transportation regulated by the
Corporation Commission by motor carriers holding a license from the
Commission to transport passengers or property.
SECTION 20. AMENDATORY 47 O.S. 2 021, Section 230.30, is
amended to read as follows:
Section 230.30. A. No license shall be issued by the Oklahoma
Corporation Commission to any carrier until after the carrier shall
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have filed with the Commission 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, which bond or policy shall be
approved by the Commission, and shall be in a sum and amount as
fixed by a proper order of the Commission; 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, and,
after judgment against the carrier for any damage, the injured party
may maintain an action upon the policy or bond to recover the same,
and shall be a proper party to maintain such action.
B. Every motor carrier shall file with the Commission 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, which bond
or policy shall be approved by the Commission , and shall be in a sum
and amount as fixed by a proper order of the Commission. The cargo
insurance must be filed with the Commission prior to a license being
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issued by the Commission, 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 Comm issioner.
No carrier shall conduct any operations in this state unless the
operations are covered by a valid bond or insurance policy issued by
a provider authorized and approved by a National Association of
Insurance Commissioners and certified by the St ate Insurance
Commission.
C. Each carrier shall maintain on file, in full force, all
insurance required by the laws of this state and the rules of the
Commission during the operation of the carrier and that the failure
for any cause to maintain the covera ge in full force and effect
shall immediately, without any notice from the Commission, 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)
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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. No license so canceled shall be reinstated or otherwise
made operative except that the Commission may reinstate the license
of a carrier upon proper showing that the carrier was actually
covered by proper insurance during the suspension or cancellation
period, and that failure to file with the Commission was not due to
the negligence of the carrier. 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 shall, in its discretion, permit the filing
of certificates of insurance covera ge or such form as may be
prescribed by the Commission, 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, will, at any t ime, furnish an
authenticated copy of the policy which the certificate represents,
and further provided that thirty (30) days prior to effective
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cancellation or termination of the policy of insurance for any
cause, the insurer shall so notify the Commissio n in writing of the
facts or as deemed necessary by the Commission.
F. It is hereby declared unlawful for any person, its employee,
its agent, or its independent contractor to operate a motor vehicle
when a motor carrier is not in compliance with this sec tion or the
Commission’s rules issued pursuant to this section.
SECTION 21. AMENDATORY 47 O.S. 2021, Section 1115, as
last amended by Section 1, Chapter 246, O.S.L. 2023 (47 O.S. Supp.
2024, Section 1115), is amended to read as fol lows:
Section 1115. A. Unless provided otherwise by statute, the
following vehicles shall be registered annually: manufactured
homes, vehicles registered with a permanent nonexpiring license
plate pursuant to Section 1113 of this title, and commercial
vehicles registered pursuant to the installment plan provided in
subsection H of Section 1133 of this title. The following schedule
shall apply for such vehicle purchased in this state or brought into
this state by residents of this state:
1. Between January 1 and March 31, the payment of the full
annual fee shall be required;
2. Between April 1 and June 30, the payment of three -fourths
(3/4) the annual fee shall be required;
3. Between July 1 and September 30, the payment of one -half
(1/2) the annual fee shall be required; and
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4. Between October 1 and November 30, one -fourth (1/4) the
annual fee shall be required.
License plates or decals for each year shall be made available
on December 1 of each preceding year for such vehicles. Any person
who purchases such vehicle or manufactured home between December 1
and December 31 of any year shall register it within thirty (30)
days from date of purchase and obtain a license plate or
Manufactured Home License Registration Decal, as appropriate, for
the following calendar year upon payment of the full annual fee.
Unless provided otherwise by statute, all annual license,
registration and other fees for such vehicles shall be due and
payable on January 1 of each year and if not paid by February 1
shall be deemed delinquent.
B. 1. All vehicles, other than those required to be registered
pursuant to the provisions of subsection A of this section, shall be
registered on a staggered system of registration and licensing on a
monthly series basis to distribute the wor k of registering such
vehicles as uniformly and expeditiously as practicable throughout
the calendar year unless otherwise provided in this section. After
the end of the month following the expiration date, the license and
registration fees for the new re gistration period shall become
delinquent. At the time of registration or renewal, the owner of
the vehicle may choose either an annual or a biennial registration
of the vehicle.
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2. All fleet vehicles registered pursuant to new applications
approved pursuant to the provisions of Section 1120 of this title
shall be registered on a staggered system monthly basis.
3. Applicants seeking to establish Oklahoma as the base
jurisdiction for registering apportioned fleet vehicles shall have a
one-time option of registering for a period of not less than six (6)
months nor greater than eighteen (18) months. Subsequent renewals
for these registrants will be for twelve (12) months, expiring on
the last day of the month chosen by the registrant under the one -
time option as provided herein. In addition, registrants with
multiple fleets may designate a different registration month of
expiration for each fleet.
As used in this section, "fleet" shall have the same meaning as
set forth in the International Registration Pla n.
4. Effective January 1, 2004, all motorcycles and mopeds shall
be registered on a staggered system of registration. Service
Oklahoma shall notify in writing, prior to December 1, 2003, all
owners of motorcycles or mopeds registered as of such date, wh o
shall have a one-time option of registering for a period of not less
than three (3) months nor greater than fifteen (15) months.
Subsequent renewals for these registrants will be for twelve (12)
months, expiring on the last day of the month chosen by th e
registrant under the one -time option as provided herein. All
motorcycles and mopeds registered pursuant to new applications
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received on or after December 1, 2003, shall also be registered
pursuant to the provisions of this paragraph.
5. Any three or more commercial vehicles owned by the same
person and previously registered in this state may be registered at
the same time regardless of the month or months in which they were
previously registered. The month in which the commercial vehicles
are newly registered shall be the month in which their registration
is renewed annually. If a commercial vehicle is registered pursuant
to this paragraph in the same calendar year in which it was
previously registered, license and registration fees shall be
prorated to account for the difference between the previous renewal
month and the new renewal month and those fees shall be due at the
time of registration pursuant to this paragraph.
C. The following penalties shall apply for delinquent
registration fees:
1. For fleet vehicles required to be registered pursuant to the
provisions of Section 1120 of this title for which a properly
completed application for registration has not been received by the
Corporation Commission by the last day of the month following the
registration expiration date, a penalty of thirty percent (30%) of
the Oklahoma portion of the annual registration fee, or Two Hundred
Dollars ($200.00), whichever is greater, shall be assessed. The
license and registration cards issued by the Corporation Co mmission
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for each fleet vehicle shall be valid until two (2) months after the
registration expiration date;
2. For commercial vehicles registered under the provisions of
subsection B of this section, except those vehicles registered
pursuant to Section 11 33.1 of this title, a penalty shall be
assessed after the last day of the month following the registration
expiration date. A penalty of twenty -five cents ($0.25) per day
shall be added to the license fee of such vehicle and shall accrue
for one (1) month. Thereafter, the penalty shall be thirty percent
(30%) of the annual registration fee, or Two Hundred Dollars
($200.00), whichever is greater;
3. For new or used manufactured homes, not registered within
thirty (30) days from date of purchase or date su ch manufactured
home was brought into this state, a penalty equal to the
registration fee shall be assessed; or
4. For all vehicles a penalty shall be assessed after the last
day of the month following the expiration date and no penalty shall
be waived by Service Oklahoma or any licensed operator except as
provided for in subsection H of Section 1133 of this title,
subsection C of Section 1127 of this title, or when the vehicle was
stolen as certified by a police report or other documentation as
required by Service Oklahoma. A penalty of One Dollar ($1.00) per
day shall be added to the license fee of such vehicle, provided that
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the penalty shall not exceed One Hundred Dollars ($100.00). Of each
dollar penalty collected pursuant to this subsection:
a. twenty-one cents ($0.21) shall be apportioned as
provided in Section 1104 of this title,
b. twenty-one cents ($0.21) shall be retained by the
licensed operator, and
c. fifty-eight cents ($0.58) shall be deposited in the
General Revenue Fund.
D. In addition to all other penalties provided in the Oklahoma
Vehicle License and Registration Act, the following penalties shall
be imposed and collected by any Enforcement Officer of the
Corporation Commission upon finding any commercial vehicle being
operated in violation of the provisions of the Oklahoma Vehicle
License and Registration Act.
The penalties shall apply to any commercial vehicle found to be
operating in violation of the following provisions:
1. A penalty of not less than Fifty Dollars ($50.00) shall be
imposed upon any person found to be operating a commercial vehicle
sixty (60) days after the end of the month in which the license
plate or registration credentials expire without the current year
license plate or registration credential displayed. Such pe nalty
shall not exceed the amount established by the Corporation
Commission pursuant to the provisions of subsection A of Section
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1167 of this title. Revenue from such penalties shall be
apportioned as provided in Section 1167 of this title;
2. A penalty of not less than Fifty Dollars ($50.00) shall be
imposed for any person operating a commercial vehicle subject to the
provisions of Section 1120 or Section 1133 of this title without the
proper display of, or, carrying in such commercial vehicle, the
identification credentials issued by the Corporation Commission as
evidence of payment of the fee or tax as provided in Section 1120 or
Section 1133 of this title. Such penalty shall not exceed the
amount established by the Corporation Commission pursuant to the
provisions of subsection A of Section 1167 of this title. Revenue
from such penalties shall be apportioned as provided in Section 1167
of this title; and
3. A penalty of not less than One Hundred Dollars ($100.00)
shall be imposed for any person that fails to register any
commercial vehicle subject to the Oklahoma Vehicle License and
Registration Act. Such penalty shall not exceed the amount
established by the Corporation Commission pursuant to the provisions
of subsection A of Section 1167 of this t itle. Revenue from such
penalties shall be apportioned as provided in Section 1167 of this
title.
E. Service Oklahoma, or the Corporation Commission with respect
to vehicles registered under Section 1120 or Section 1133 of this
title, shall assess the re gistration fees and penalties for the year
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or years a vehicle was not registered. For vehicles not registered
for two (2) or more years, the registration fees and penalties shall
be due only for the current year and one (1) previous year.
F. In addition to any other penalty prescribed by law, there
shall be a penalty of not less than Twenty Dollars ($20.00) upon a
finding by an enforcement officer that:
1. The registration of a vehicle registered pursuant to Section
1132 of this title is expired and it i s sixty (60) or more days
after the end of the month of expiration; or
2. The registration fees for a vehicle that is subject to the
registration fees pursuant to Section 1132 of this title have not
been paid.
Such penalty shall not exceed the amount esta blished by the
Corporation Commission pursuant to the provisions of subsection A of
Section 1167 of this title. Revenue from such penalties shall be
apportioned as provided in Section 1167 of this title.
G. If a vehicle is donated to a nonprofit charitab le
organization, the nonprofit charitable organization shall be exempt
from paying any current or past due registration fees, excise tax,
transfer fees, and penalties and interest. However, after the
donation, if the person donating the vehicle, or someon e on behalf
of such person, purchases the same vehicle back from the nonprofit
charitable organization to which the vehicle was donated, such
person shall be liable for all current and past -due registration
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fees, excise tax, title or transfer fees, and pen alties and interest
on such vehicle.
H. Service Oklahoma shall promulgate rules and any necessary
procedures to establish an option for a biennial registration for
vehicles registered pursuant to paragraph 1 of subsection B of this
section.
1. Regardless of whether the vehicle owner elects annual or
biennial registration, the vehicle is still subject to all fees,
fines, and penalties provided in the Oklahoma Vehicle License and
Registration Act.
2. For vehicle owners who elect biennial registration, th e
annual registration fee shall be twice the annual registration fee
provided in the Oklahoma Vehicle License and Registration Act.
3. When processing biennial registrations, licensed operators
shall be entitled to retain twice the amounts provided in par agraphs
1 and 2 of subsection A of Section 1141.1 of this title and twice
the amount provided in paragraph 14 of subsection A of Section
1141.1 of this title for processing insurance verification
information.
SECTION 22. AMENDATORY 47 O.S. 2021, Section 1124, is
amended to read as follows:
Section 1124. A. Any person, firm or corporation owning or
possessing a commercial vehicle who:
1. Is a resident of the United States;
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2. Is required to register the vehicle under the laws of this
state;
3. Is not authorized to drive the vehicle on the public roads
of this state for lack of registration or reciprocity of this
state’s laws with the laws of the state in which the vehicle is
registered; and
4. Operates the vehicle for commercial purposes;,
may receive a temporary permit from the Corporation Commission. The
permit shall be recognized in lieu of registration in this state.
The permit shall indicate the time and date of its issuance and
shall be valid for a period not to exceed se venty-two (72) hours
from such indicated time.
B. A fee of Twelve Dollars ($12.00) shall be charged for the
issuance of the temporary permit , which shall be apportioned in the
same manner as other vehicle license fees are apportioned under the
terms of the motor vehicle license and registration laws of this
state.
C. The temporary permit shall not be issued to any person, firm
or corporation owning or possessing a commercial vehicle, truck,
truck-tractor, trailer, semitrailer or motor bus , who has been
apprehended for violating the registration laws of this state. If
apprehended, the vehicle shall be immediately subject to such
registration laws. Possession of the temporary permit shall not
affect any liability or duty which the owner or operator of a
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vehicle might otherwise have by law. An operator of a vehicle
possessing an expired, altered or undated temporary permit shall be
deemed to be operating an unregistered motor vehicle and shall be
subject to registration and penalties therefor as provided by law.
D. The Corporation Commission may enter into an agreement with
any person or corporation located within or without the state for
transmission of temporary permits for a commercial vehicle by way of
a facsimile machine or other device when the Corpor ation Commission
determines that such agreement is in the best interests of the
state.
E. The Corporation Commission may enter into an agreement with
any state for transmission of that state’s temporary permits for a
commercial vehicle by way of a facsimi le machine or other device
when the Corporation Commission determines that such agreement is in
the best interests of the state.
F. Any provision of this act providing for proportional
registration under reciprocal agreements and the International
Registration Plan that relate to the promulgation of rules shall not
be subject to the provisions of Section 1151 of this title. The
Corporation Commission may promulgate such rules as it deems
necessary to administer the provisions of this section. The
Corporation Commission may prescribe an application form for the
temporary permit and such other forms as it deems appropriate.
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G. The provisions of this section shall not apply to vehicles
entering this state for the express purpose of transporting the
resources and equipment necessary to support production activities
of the motion picture, television and video film industries
operating within the state. Any such vehicle properly registered
under the laws of another state or not registered with this state
pursuant to the provisions of the International Registration Plan
and used for the above -stated purpose shall not be subject to the
registration requirements as set forth in Section 1101 et seq. of
this title while conducting said business.
SECTION 23. AMENDATORY 47 O.S. 2021, Section 1151, as
last amended by Section 109, Chapter 452, O.S.L. 2024 (47 O.S. Supp.
2024, Section 1151), is amended to read as follows:
Section 1151. A. It shall be unlawful for any person to commit
any of the following acts:
1. To lend or to sell to, or knowingly permit the use of by,
one not entitled thereto any certificate of title, license plate or
decal issued to or in the custody of the person so lending or
permitting the use thereof;
2. To alter or in a ny manner change a certificate of title,
registration certificate, license plate or decal issued under the
laws of this or any other state;
3. To procure from another state or country, or display upon
any vehicle owned by such person within this state, ex cept as
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otherwise provided in the Oklahoma Vehicle License and Registration
Act, any license plate issued by any state or country other than
this state, unless there shall be displayed upon such vehicle at all
times the current license plate and decal assi gned to it by Service
Oklahoma or the Corporation Commission or the vehicle shall display
evidence that the vehicle is registered as a nonresident vehicle
pursuant to rules promulgated by Service Oklahoma, with the
concurrence of the Department of Public S afety. A violation of the
provisions of this paragraph shall be presumed to have occurred if a
person who is the holder of an Oklahoma driver license operates a
vehicle owned by such person on the public roads or highways of this
state and there is not di splayed on the vehicle a current Oklahoma
license plate and decal, unless the vehicle is owned by a member of
the Armed Forces of the United States assigned to duty in this state
in compliance with official military or naval orders or the spouse
of such a member of the Armed Forces;
4. To drive, operate or move, or for the owner to cause or
permit to be driven or moved, upon the roads, streets or highways of
this state, any vehicle loaded in excess of its registered laden
weight, or which is licensed for a capacity less than the
manufacturer’s rated capacity as provided for in the Oklahoma
Vehicle License and Registration Act;
5. To operate a vehicle without proper license plate or decal
or on which all taxes due the state have not been paid. No citation
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may be issued by any state, county or municipal law enforcement
officer during the one -month period immediately succeeding the last
day of the month during which a vehicle registration should have
been renewed and a current license plate decal obtained and
displayed on the license plate of the vehicle;
6. To buy, sell or dispose of, or possess for sale, use or
storage, any secondhand or used vehicle on which the registration or
license fee has not been paid, as required by law, and on which
vehicle the person neglects, fails or refuses to display at all
times the license plate or decal assigned to it;
7. To give a fictitious name or fictitious address or make any
misstatement of facts in application for certificate of title and
registration of a vehicle;
8. To purchase a license plate on an assigned certificate of
title. This particular paragraph shall be applicable to all persons
except a bona fide registered dealer in used cars who are holders of
a current and valid used car dealer license;
9. To operate a vehicle upon the highways of this state after
the registration deadline for that vehicle without a proper license
plate, as prescribed by the Oklahoma Vehicle License and
Registration Act, for the current year;
10. For any owner of a vehicle register ed on the basis of laden
weight to fail or refuse to weigh or reweigh it when requested to do
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so by any enforcement officer charged with the duty of enforcing
this law;
11. To operate or possess any vehicle which bears a motor
number or serial number othe r than the original number placed
thereon by the factory except a number duly assigned and authorized
by the state;
12. For any licensed operator to release a license plate, a
manufactured home registration receipt, decal or excise tax receipt
to any unauthorized person or source including any dealer in new or
used motor vehicles. Violation of this paragraph shall constitute
sufficient grounds for discharge of a licensed operator by Service
Oklahoma;
13. To operate any vehicle registered as a commercial vehicle
without the lettering requirements of Section 1102 of this title; or
14. To operate any vehicle in violation of the provisions of
Sections 7-600 through 7-606 of this title while displaying a yearly
decal issued to the owner who has filed an affid avit with the
appropriate licensed operator in accordance with Section 7 -607 of
this title; or
15. To otherwise operate a commercial vehicle when the motor
carrier, the vehicle, or the commercial operator is not in
compliance with the Oklahoma Vehicle Lic ense and Registration Act or
with the rules of the Corporation Commission pursuant to this act .
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Any person convicted of violating any provision of this
subsection, other than paragraph 3 of this subsection, shall be
deemed guilty of a misdemeanor and upon conviction shall be punished
by a fine not to exceed Five Hundred Dollars ($500.00). Any person
convicted of violating the provisions of paragraph 3 of this
subsection shall be deemed guilty of a misdemeanor and, upon
conviction, shall be punished by a fi ne of not less than One Hundred
Dollars ($100.00) and not more than Five Hundred Dollars ($500.00)
and shall be required to obtain an Oklahoma license plate.
Employees of the Corporation Commission may be authorized by the
Corporation Commission to issue citations to motor carriers or
operators of commercial motor vehicles, pursuant to the jurisdiction
of the Corporation Commission, for a violation of this subsection.
If a person convicted of violating the provisions of this subsection
was issued a citation by a duly authorized employee of the
Corporation Commission, the fine herein levied shall be apportioned
as provided in Section 1167 of this title.
B. Except as otherwise authorized by law, it shall be unlawful
to:
1. Lend or sell to, or knowingly per mit the use of by, one not
entitled thereto any certificate of title issued for a manufactured
home, manufactured home registration receipt, manufactured home
registration decal or excise tax receipt;
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2. Alter or in any manner change a certificate of titl e issued
for a manufactured home under the laws of this state or any other
state;
3. Remove or alter a manufactured home registration receipt,
manufactured home registration decal or excise tax receipt attached
to a certificate of title or attach such rec eipts to a certificate
of title with the intent to misrepresent the payment of the required
excise tax and registration fees;
4. Buy, sell or dispose of, or possess for sale, use or storage
any used manufactured home on which the registration fees or exci se
taxes have not been paid as required by law; or
5. Purchase identification, manufactured home registration
receipt, manufactured home registration decal or excise tax receipt
on an assigned certificate of title.
Anyone violating the provisions of this subsection, upon
conviction, shall be guilty of a felony.
C. In the event a new vehicle is not registered within thirty
(30) days from date of purchase, the penalty for the failure of the
owner of the vehicle to register the vehicle within thirty (30) day s
shall be One Dollar ($1.00) per day; provided, that in no event
shall the penalty exceed One Hundred Dollars ($100.00). No penalty
shall be waived by Service Oklahoma or any licensed operator except
as provided in subsection C of Section 1127 of this ti tle. Of each
dollar penalty collected pursuant to this subsection:
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1. Twenty-one cents ($0.21) shall be apportioned as provided in
Section 1104 of this title;
2. Twenty-one cents ($0.21) shall be retained by the licensed
operator; and
3. Fifty-eight cents ($0.58) shall be deposited in the General
Revenue Fund. The penalty for new commercial vehicles shall be
equal to the license fee for such vehicles.
If a used vehicle is brought into Oklahoma by a resident of this
state and is not registered within th irty (30) days, a penalty of
One Dollar ($1.00) per day shall be charged from the date of entry
to the date of registration; provided, that in no event shall the
penalty exceed One Hundred Dollars ($100.00). No penalty shall be
waived by Service Oklahoma or any licensed operator except as
provided in subsection C of Section 1127 of this title. Of each
dollar penalty collected pursuant to this subsection:
1. Twenty-one cents ($0.21) shall be apportioned as provided in
Section 1104 of this title;
2. Twenty-one cents ($0.21) shall be retained by the licensed
operator; and
3. Fifty-eight cents ($0.58) shall be deposited in the General
Revenue Fund. The penalty for used commercial vehicles shall be
equal to the license fee for such vehicles.
D. Any owner who knowingly makes or causes to be made any false
statement of a fact required in this section to be shown in an
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application for the registration of one or more vehicles shall be
deemed guilty of a misdemeanor and, upon conviction, shall be fined
not more than One Thousand Dollars ($1,000.00), or shall be
imprisoned in the county jail for not more than one (1) year, or by
both such fine and imprisonment.
E. The following self -propelled or motor-driven and operated
vehicles shall not be registered under the provisions of the
Oklahoma Vehicle License and Registration Act or, except as provided
for in Section 11-1116 of this title, be permitted to be operated on
the streets or highways of this state:
1. Vehicles known and commonly referred to as “minibikes” a nd
other similar trade names; provided, minibikes may be registered and
operated in this state by food vendor services upon streets having a
speed limit of thirty (30) miles per hour or less;
2. Golf carts;
3. Go-carts; and
4. Other motor vehicles, exce pt motorcycles, which are
manufactured principally for use off the streets and highways.
Transfers and sales of such vehicles shall be subject to sales
tax and not motor vehicle excise taxes.
F. Any person violating paragraph 3 or 6 of subsection A of
this section, in addition to the penal provisions provided in this
section, shall pay as additional penalty a sum equal to the amount
of license fees due on such vehicle or registration fees due on a
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manufactured home known to be in violation and such amount is hereby
declared to be a lien upon the vehicle as provided in the Oklahoma
Vehicle License and Registration Act. In addition to the penalty
provisions provided in this section, any person violating paragraph
3 of subsection A of this section shall be de emed guilty of a
misdemeanor and shall, upon conviction, be punished by a fine of One
Hundred Dollars ($100.00).
G. Each violation of any provision of the Oklahoma Vehicle
License and Registration Act for each and every day such violation
has occurred shall constitute a separate offense.
H. Anyone violating any of the provisions heretofore enumerated
in this section shall be guilty of a misdemeanor and upon conviction
shall be fined not less than Ten Dollars ($10.00) and not to exceed
Three Hundred Dollar s ($300.00).
I. Any violation of any portion of the Oklahoma Vehicle License
and Registration Act where a specific penalty has not been imposed
shall constitute a misdemeanor , and upon conviction thereof , the
person having violated it shall be fined not l ess than Ten Dollars
($10.00) and not to exceed Three Hundred Dollars ($300.00).
J. Any provision of the Oklahoma Vehicle License and
Registration Act providing for proportional registration under
reciprocal agreements and the International Registration P lan that
relates to the promulgation of rules and regulations shall not be
subject to the provisions of this section.
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SECTION 24. AMENDATORY 47 O.S. 2021, Section 1168, is
amended to read as follows:
Section 1168. All facilities and equipment under 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 powers, 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 suc h funds as may be necessary. The
Effective July 1, 202 6, the Department of Transportation is hereby
authorized to enter into an agreement with the Corporation
Commission Department of Public Safety to operate such facilities or
equipment. The provisions of this section shall not be construed to
obligate the Department of Transportation to incur expenses in
connection with the administration of such facilities and equipment
in an amount which exceeds deposits to the Weigh Station Improvement
Revolving Fund.
SECTION 25. AMENDATORY 47 O.S. 2021, Section 1170, is
amended to read as follows:
Section 1170. A. Reports and files of the Corporation
Commission concerning the administration of the International
Registration Plan and the Int ernational Fuel Tax Agreement , shall be
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considered confidential and privileged, except as otherwise provided
for by law, and neither the Commission nor any employee engaged in
the administration of the International Registration Plan or
International Fuel Tax Agreement or charged with the custody of any
such reports or records nor any person who may have secured such
reports or records from the Commission shall disclose any
information obtained from the reports or records of any person.
B. The provisions of this section shall not prevent the
Commission from disclosing the following information , and no
liability whatsoever, civil or criminal, shall attach to any member
of the Commission or any employee thereof for any error or omission
in the disclosure of s uch information:
1. The delivery to a taxpayer or a duly authorized
representative of the taxpayer of a copy of any report or any other
paper filed by the taxpayer pursuant to the provisions of the
International Registration Plan or the International Fuel Tax
Agreement;
2. The exchange of information that is not protected by the
federal Privacy Protection Act, 42 U.S.C., Section 2000aa et seq.,
pursuant to reciprocal agreements or compacts entered into by the
Commission and other state agencies or agencie s of the federal
government;
3. The publication of statistics so classified as to prevent
the identification of a particular report and the items thereof;
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4. The examination of records and files by the State Auditor
and Inspector or the duly authorized a gents of the State Auditor and
Inspector;
5. The disclosing of information or evidence to the Oklahoma
State Bureau of Investigation, Attorney General, Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, Department of
Public Safety, any district attorney, or agent of any federal law
enforcement agency when the information or evidence is to be used by
such officials to investigate or prosecute violations of the
criminal provisions of the Uniform Tax Procedure Code or of any
state tax law or of a ny federal crime committed against this state.
Any information disclosed to the Oklahoma State Bureau of
Investigation, Attorney General, Oklahoma State Bureau of Narcotics
and Dangerous Drugs Control, Department of Public Safety, any
district attorney, o r agent of any federal law enforcement agency
shall be kept confidential by such person and not be disclosed
except when presented to a court in a prosecution for violation of
the tax laws of this state or except as specifically authorized by
law, and a violation by the Oklahoma State Bureau of Investigation,
Attorney General, Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, Department of Public Safety, district attorney, or
agent of any federal law enforcement agency by otherwise releasing
the information shall be a felony;
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6. The use by any division of the Commission of any information
or evidence in the possession of or contained in any report or
return filed or documents obtained by the Commission in the
administration of the Internationa l Fuel Tax Agreement or the
International Registration Plan;
7. The furnishing, at the discretion of the Commission, of any
information disclosed by its records or files to any official person
or body of this state, any other state, the United States, or
foreign country who is concerned with the administration or
assessment of any similar tax in this state, any other state or
province or the United States;
8. The furnishing of information as to the issuance or
revocation of any registration or license by the Commission as
provided for by law. Such information shall be limited to the name
of the person issued the permit or license, the name of the business
entity authorized to engage in business pursuant to the permit or
license, the address of the busines s entity, and the grounds for
revocation;
9. The disclosure of information to any person for a purpose as
authorized by the taxpayer pursuant to a waiver of confidentiality.
The waiver shall be in writing and shall be made upon such form as
the Commission may prescribe;
10. The disclosure of information directly involved in the
resolution of the protest by a taxpayer to an assessment of tax or
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additional tax or the resolution of a claim for a refund filed by a
taxpayer, including the disclosure of the pe ndency of an
administrative proceeding involving such protest or claim, to a
person called by the Commission as an expert witness or as a witness
whose area of knowledge or expertise specifically addresses the
issue addressed in the protest or claim for re fund. Such disclosure
to a witness shall be limited to information pertaining to the
specific knowledge of that witness as to the transaction or
relationship between taxpayer and witness;
11. The furnishing to a prospective purchaser of any business,
or his or her authorized representative, of information relating to
any liabilities, delinquencies, assessments or warrants of the
prospective seller of the business which have not been filed of
record, established, or become final and which relate solely to the
seller’s business. Any disclosure under this paragraph shall only
be allowed upon the presentment by the prospective buyer, or the
buyer’s authorized representative, of the purchase contract and a
written authorization between the parties; and
12. The furnishing of information as to the amount of state
revenue affected by the issuance or granting of any registration or
license or credit issued by the Corporation Commission as provided
for by law. Such information shall be limited to the type of
registration, license or credit issued or granted, the date and
duration of such registration, license or credit, and the amount of
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such revenue. The provisions of this paragraph shall not authorize
the disclosure of the name of the person issued such registra tion,
license, exemption, credit, or the name of the business entity
authorized to engage in business pursuant to the registration,
license or credit.
SECTION 26. AMENDATORY 47 O.S. 2021, Section 1201, is
amended to read as follows :
Section 1201. As used in the Oklahoma Weigh Station Act of
2012:
1. "Authority" means the Oklahoma Turnpike Authority;
2. "Commission" means the Corporation Commission;
3. "Fixed facility" means a weigh station or a port of entry;
4. "Port of entry" means a facility, in close proximity to a
state line, designed to electronically weigh and screen motor
carriers and commercial motor vehicles for compliance with federal
and state statutes and rules, allowing compliant carriers to proceed
with minimal or no delay;
5. "Roadside enforcement" means a temporary location, 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.
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Weigh stations are also utilized to enforce federal and state laws
and rules applicable to motor carriers and the operation of
commercial motor vehicles and their drivers; and
7. "North American Standard Inspection" means a Level I, Level
II, Level III, Level IV, Level V, Hazardous Materials, Cargo Tank or
Passenger Carrier ins pection conducted by an individual certified by
the Federal Motor Carrier Safety Administration to conduct such
inspections.
SECTION 27. 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
Department of Public Safety may enter into interagency agreements
concerning the equipment, maintenance and operations of fixed
facilities.
B. The Department of Tr ansportation, the Authority and the
Commission Department of Public Safety 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 shall operate all All current and future
ports of entry weigh stations shall be operated eighteen (18) to
twenty (20) hours a day and seven (7) days a week upon the
availability of funds and manpower.
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D. The Except as provided by subsection J of this section, 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 ea rlier.
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
facility. If the fixed facility is a weigh station as de fined 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. These geographic limitations on
enforcement shall not apply to officers of the Department of Public
Safety.
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 au dits, 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.
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H. The Commission Department of Public Safety may enter into
interagency cooperative agreements with other state or federal
agencies to jointly enforce federal and state laws or rules.
I. North American Standar d Inspections shall be conducted only
by individuals holding certification in the level or classification
of inspection being conducted.
J. Beginning July 1, 202 6, and effective June 30, 202 7, all
powers, duties, and responsibilities for operation of fixe d
facilities shall be transferred from the Corporation Commission to
the Department of Public Safety. The period between July 1, 2026,
and June 30, 2027, shall be a transition al period in which the duty
and authority to operate all current and future fixe d facilities is
transferred from the Corporation Commission to the Department of
Public Safety. During this transition al period, the Corporation
Commission shall operate all current and future ports of entry weigh
stations according to the standards set f orth in this section unless
the Department of Transportation, Department of Public Safety, and
Corporation Commission agree, with approval of the transitional task
force created in Section 1 of this act, to an orderly transition of
authority to the Departm ent of Public Safety prior to June 30, 202 7.
During this transition al period, the Department of Transportation,
Oklahoma Turnpike Authority, Department of Public Safety, and
Corporation Commission may enter into interagency agreements
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concerning the equip ment, maintenance, and operations of fixed
facilities.
SECTION 28. AMENDATORY 68 O.S. 2021, Section 608, is
amended to read as follows:
Section 608. (a) Every person operating a motor vehicle on the
highways of this state as a Mo tor Fuel/Diesel Fuel Importer for Use
must at all times during such operation have displayed in the cab of
such motor vehicle, a copy of the Motor Fuel/Diesel Fuel Importer
for Use License which shall be subject to inspection at all times by
representatives of the Corporation Commission and any officer of the
Department of Public Safety .
(b) Any person operating a motor vehicle on the highways of
this state, the operation of which is subject to the tax levied by
this article, without having obtained a Motor Fuel/Diesel Fuel
Importer for Use License as required by Section 607 of this title,
shall be guilty of a misdemeanor and, upon conviction, punished by a
fine of not more than One Thousand Dollars ($1,000.00), or by
imprisonment in the county jail for a pe riod not exceeding one (1)
year or both. The venue for prosecutions arising under this section
shall be in the district court of any county in which such vehicle
is being operated.
SECTION 29. REPEALER 47 O.S. 2021, Sections 116.13 and
172.1, are hereby repealed.
SECTION 30. This act shall become effective November 1, 202 5.
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Passed the House of Representatives the 25th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ____ day of _________, 2025.
Presiding Officer of the Senate