Okla. Stat. tit. 47, § 47-565v1 — OK Code / Title 47 / Section 47-565v1
Denial, revocation or suspension of license - Right of
Status: in_force

first refusal.

A. The Oklahoma New Motor Vehicle Commission may deny an

application for a license, revoke or suspend a license, or impose a

fine against any person or entity, not to exceed Ten Thousand

Dollars ($10,000.00) per occurrence, that violates any provision of

Sections 561 through 567, 572, 578.1, 579, and 579.1 of this title

or for any of the following reasons:

1. On satisfactory proof of unfitness of the applicant in any

application for any license under the provisions of Section 561 et

seq. of this title;

2. For any material misstatement made by an applicant in any

application for any license under the provisions of Section 561 et

seq. of this title;

3. For any failure to comply with any provision of Section 561

et seq. of this title or any rule promulgated by the Commission

under authority vested in it by Section 561 et seq. of this title;

4. A change of condition after license is granted resulting in

failure to maintain the qualifications for license;

5. Being a new motor vehicle dealer who:

a. has required a purchaser of a new motor vehicle, as a

condition of sale and delivery thereof, to also

purchase special features, appliances, accessories, or

equipment not desired or requested by the purchaser

and installed by the new motor vehicle dealer,

b. uses any false or misleading advertising in connection

with business as a new motor vehicle dealer,

c. has committed any unlawful act which resulted in the

revocation of any similar license in another state,

d. has failed or refused to perform any written agreement

with any retail buyer involving the sale of a motor

vehicle,

e. has been convicted of a felony crime that

substantially relates to the occupation of a new motor

vehicle dealer and poses a reasonable threat to public

safety,

f. has committed a fraudulent act in selling, purchasing,

or otherwise dealing in new motor vehicles or has

misrepresented the terms and conditions of a sale,

purchase or contract for sale or purchase of a new

motor vehicle or any interest therein including an

option to purchase such vehicle,

Oklahoma Statutes - Title 47. Motor Vehicles Page 838

g. has failed to meet or maintain the conditions and

requirements necessary to qualify for the issuance of

a license, or

h. completes any sale or transaction of an extended

service contract, extended maintenance plan, or

similar product using contract forms that do not

conspicuously disclose the identity of the service

contract provider;

6. Being a motor vehicle salesperson who is not employed as

such by a licensed new motor vehicle dealer;

7. Being a new motor vehicle dealer who:

a. does not have an established place of business,

b. does not provide for a suitable repair shop separate

from the display room with ample space to repair or

recondition one or more vehicles at the same time, and

which is staffed with properly trained and qualified

repair technicians and is equipped with such parts,

tools, and equipment as may be requisite for the

servicing of motor vehicles in such a manner as to

make them comply with the safety laws of this state

and to properly fulfill the dealer's or manufacturer's

warranty obligation,

c. does not hold a franchise in effect with a

manufacturer or distributor of new or unused motor

vehicles for the sale of the same and is not

authorized by the manufacturer or distributor to

render predelivery preparation of such vehicles sold

to purchasers and to perform any authorized post-sale

work pursuant to the manufacturer's or distributor's

warranty,

d. employs a person without obtaining a certificate of

registration for the person, or utilizes the services

of used motor vehicle lots or dealers or other

unlicensed persons in connection with the sale of new

motor vehicles,

e. does not properly service a new motor vehicle before

delivery of same to the original purchaser thereof, or

f. fails to order and stock a reasonable number of new

motor vehicles necessary to meet consumer demand for

each of the new motor vehicles included in the new

motor vehicle dealer's franchise agreement, unless the

new motor vehicles are not readily available from the

manufacturer or distributor due to limited production;

8. Being a factory that has:

a. either induced or attempted to induce by means of

coercion or intimidation, any new motor vehicle

dealer:

Oklahoma Statutes - Title 47. Motor Vehicles Page 839

(1) to accept delivery of any motor vehicle or

vehicles, parts, or accessories therefor, or any

other commodities including advertising material

which shall not have been ordered by the new

motor vehicle dealer,

(2) to order or accept delivery of any motor vehicle

with special features, appliances, accessories,

or equipment not included in the list price of

the motor vehicles as publicly advertised by the

manufacturer thereof, or

(3) to order or accept delivery of any parts,

accessories, equipment, machinery, tools,

appliances, or any commodity whatsoever,

b. induced under threat or discrimination by the

withholding from delivery to a new motor vehicle

dealer certain models of motor vehicles, changing or

amending unilaterally the new motor vehicle dealer's

allotment of motor vehicles, and/or withholding and

delaying delivery of the vehicles out of the ordinary

course of business, in order to induce by such

coercion any new motor vehicle dealer to participate

or contribute to any local or national advertising

fund controlled directly or indirectly by the factory

or for any other purposes such as contest,

"giveaways", or other so-called sales promotional

devices, and/or change of quotas in any sales contest;

or has required new motor vehicle dealers, as a

condition to receiving their vehicle allotment, to

order a certain percentage of the vehicles with

optional equipment not specified by the new motor

vehicle dealer; however, nothing in this section shall

prohibit a factory from supporting an advertising

association which is open to all new motor vehicle

dealers on the same basis,

c. used a performance standard, sales objective, or

program for measuring dealer performance that may have

a material effect on a right of the dealer to vehicle

allocation; or payment under any incentive or

reimbursement program that is unfair, unreasonable,

inequitable, and not based on accurate information,

d. used a performance standard for measuring sales or

service performance which results in penalizing any

new motor vehicle dealer under the terms of the

franchise agreement which:

(1) is unfair, unreasonable, arbitrary, or

inequitable,

Oklahoma Statutes - Title 47. Motor Vehicles Page 840

(2) does not consider the relevant and material local

and state or regional criteria, prevailing

economic conditions affecting the sales or

service performance of a vehicle dealer, and any

relevant and material data and facts presented by

the dealer in writing within thirty (30) days of

the written notice of the manufacturer to the

dealer of its intention to cancel, terminate, or

not renew the dealer's franchise agreement, and

(3) does not consider the actual vehicle allocation

offered or otherwise made available to the dealer

by the manufacturer or distributor, as well as

the dealer's inventory levels relevant to achieve

any minimum performance standards to which the

manufacturer or distributor holds the dealer

accountable,

e. failed or refused to sell, or offer for sale, new

motor vehicles to all of its authorized same line-make

franchised new motor vehicle dealers at the same price

for a comparably equipped motor vehicle, on the same

terms, with no differential in functionally available

discount, allowance, credit, or bonus, except as

provided in subparagraph e of paragraph 9 of this

subsection,

f. failed to provide reasonable compensation to a new

motor vehicle dealer substantially equivalent to the

actual cost of providing a manufacturer required

loaner or rental vehicle to any consumer who is having

a vehicle serviced at the dealership. For purposes of

this paragraph, actual cost is the average cost in the

new motor vehicle dealer's region for the rental of a

substantially similar make and model as the vehicle

being serviced, or

g. failed to make available to its new motor vehicle

dealers a fair and proportional share of all new

vehicles distributed to same line-make dealers in this

state, subject to the same reasonable terms, including

any vehicles distributed from a common new vehicle

inventory pool outside of the factory's ordinary

allocation process such as any vehicles the factory

reserves to distribute on a discretionary basis;

9. Being a factory that:

a. has attempted to coerce or has coerced any new motor

vehicle dealer to enter into any agreement or to

cancel any agreement; has failed to act in good faith

and in a fair, equitable, and nondiscriminatory

manner; has directly or indirectly coerced,

Oklahoma Statutes - Title 47. Motor Vehicles Page 841

intimidated, threatened, or restrained any new motor

vehicle dealer; has acted dishonestly; or has failed

to act in accordance with the reasonable standards of

fair dealing,

b. has failed to compensate its dealers for the work and

services they are required to perform in connection

with the dealer's delivery and preparation obligations

according to the agreements on file with the

Commission which must be found by the Commission to be

reasonable, or has failed to adequately and fairly

compensate its dealers for labor, parts, and other

expenses incurred by the dealer to perform under and

comply with manufacturer's warranty agreements and

recall repairs which shall include diagnostic work as

applicable and assistance requested by a consumer

whose vehicle was subjected to an over-the-air or

remote change, repair, or update to any part, system,

accessory, or function by the manufacturer and

performed by the dealer in order to satisfy the

consumer. Time allowances for the diagnosis and

performance of repair work shall be reasonable and

adequate for the work to be performed. Adequate and

fair compensation, which under this provision shall be

no less than the rates customarily charged for retail

consumer repairs as calculated herein, for parts and

labor for warranty and recall repairs shall, at the

option of the new motor vehicle dealer, be established

by the new motor vehicle dealer submitting to the

manufacturer or distributor one hundred sequential

nonwarranty consumer-paid service repair orders which

contain warranty-like repairs, or ninety (90)

consecutive days of nonwarranty consumer-paid service

repair orders which contain warranty-like repairs,

whichever is less, covering repairs made no more than

one hundred eighty (180) days before the submission

and declaring the average percentage labor rate and/or

markup rate. A new motor vehicle dealer may not

submit a request to establish its retail rates more

than once in a twelve-month period. That request may

establish a parts markup rate, labor rate, or both.

The new motor vehicle dealer shall calculate its

retail parts rate by determining the total charges for

parts from the qualified repair orders submitted,

dividing that amount by the new motor vehicle dealer's

total cost of the purchase of those parts, subtracting

one (1), and multiplying by one hundred (100) to

produce a percentage. The new motor vehicle dealer

Oklahoma Statutes - Title 47. Motor Vehicles Page 842

shall calculate its retail labor rate by dividing the

amount of the new motor vehicle dealer's total labor

sales from the qualified repair orders by the total

labor hours charged for those sales. When submitting

repair orders to establish a retail parts and labor

rate, a new motor vehicle dealer need not include

repairs for:

(1) routine maintenance including but not limited to

the replacement of bulbs, fluids, filters,

batteries, and belts that are not provided in the

course of and related to a repair,

(2) factory special events, specials, or promotional

discounts for retail consumer repairs,

(3) parts sold or repairs performed at wholesale,

(4) factory-approved goodwill or policy repairs or

replacements,

(5) repairs with aftermarket parts, when calculating

the retail parts rate but not the retail labor

rate,

(6) repairs on aftermarket parts,

(7) replacement of or work on tires including front-

end alignments and wheel or tire rotations,

(8) repairs of motor vehicles owned by the new motor

vehicle dealer or employee thereof at the time of

the repair,

(9) vehicle reconditioning, or

(10) items that do not have individual part numbers

including, but not limited to, nuts, bolts, and

fasteners.

A manufacturer or distributor may, not later than

forty-five (45) days after submission, rebut that

declared retail parts and labor rate in writing by

reasonably substantiating that the rate is not

accurate or is incomplete pursuant to the provisions

of this section. If the manufacturer or distributor

determines the set of repair orders submitted by the

new motor vehicle dealer pursuant to this section for

a retail labor rate or retail parts markup rate is

substantially higher than the new motor vehicle

dealer's current warranty rates, the manufacturer or

distributor may request, in writing, within forty-five

(45) days after the manufacturer's or distributor's

receipt of the new motor vehicle dealer's initial

submission, all repair orders closed within the period

of thirty (30) days immediately preceding, or thirty

(30) days immediately following, the set of repair

orders initially submitted by the new motor vehicle

Oklahoma Statutes - Title 47. Motor Vehicles Page 843

dealer. All time periods under this section shall be

suspended until the supplemental repair orders are

provided. If the manufacturer or distributor requests

supplemental repair orders, the manufacturer or

distributor may, within thirty (30) days after

receiving the supplemental repair orders and in

accordance with the formula described in this

subsection, calculate a proposed adjusted retail labor

rate or retail parts markup rate, as applicable, based

upon any set of the qualified repair orders submitted

by the franchisee and following the formula set forth

herein to establish the rate. The retail labor and

parts rates shall go into effect thirty (30) days

following the approval by the manufacturer or

distributor. If the declared rate is rebutted, the

manufacturer or distributor shall provide written

notice stating the reasons for the rebuttal, an

explanation of the reasons for the rebuttal, and a

copy of all calculations used by the franchisor in

determining the manufacturer or distributor's position

and propose an adjustment in writing of the average

percentage markup or labor rate based on that rebuttal

not later than forty-five (45) days after submission.

If the new motor vehicle dealer does not agree with

the proposed average percentage markup or labor rate,

the new motor vehicle dealer may file a protest with

the Commission not later than thirty (30) days after

receipt of that proposal by the manufacturer or

distributor. In the event a protest is filed, the

manufacturer or distributor shall have the burden of

proof to establish the new motor vehicle dealer's

submitted parts markup rate or labor rate was

inaccurate or not complete pursuant to the provisions

of this section. A manufacturer or distributor may

not retaliate against any new motor vehicle dealer

seeking to exercise its rights under this section. A

manufacturer or distributor may require a dealer to

submit repair orders in accordance with this section

in order to validate the reasonableness of a dealer's

retail rate for parts or labor not more often than

once every twelve (12) months. A manufacturer or

distributor may not otherwise recover its costs from

new motor vehicle dealers within this state including

a surcharge imposed on a new motor vehicle dealer

solely intended to recover the cost of reimbursing a

new motor vehicle dealer for parts and labor pursuant

to this section; provided, a manufacturer or

Oklahoma Statutes - Title 47. Motor Vehicles Page 844

distributor shall not be prohibited from increasing

prices for vehicles or parts in the normal course of

business or from auditing and charging back claims in

accordance with this section. All claims made by

dealers for compensation for delivery, preparation,

warranty, or recall repair work shall be paid within

thirty (30) days after approval and shall be approved

or disapproved within thirty (30) days after receipt.

When any claim is disapproved, the dealer shall be

notified in writing of the grounds for disapproval.

The dealer's delivery, preparation, and warranty

obligations as filed with the Commission shall

constitute the dealer's sole responsibility for

product liability as between the dealer and

manufacturer. A factory may reasonably and

periodically audit a new motor vehicle dealer to

determine the validity of paid claims for new motor

vehicle dealer compensation or any charge-backs for

warranty parts or service compensation. Except in

cases of suspected fraud, audits of warranty payments

shall only be for the one-year period immediately

following the date of the payment. A manufacturer

shall reserve the right to reasonable, periodic audits

to determine the validity of paid claims for dealer

compensation or any charge-backs for consumer or

dealer incentives. Except in cases of suspected

fraud, audits of incentive payments shall only be for

a one-year period immediately following the date of

the payment. A factory shall not deny a claim or

charge a new motor vehicle dealer back subsequent to

the payment of the claim unless the factory can show

that the claim was false or fraudulent or that the new

motor vehicle dealer failed to reasonably substantiate

the claim by the written reasonable procedures of the

factory. A factory shall not deny a claim or

implement a charge-back against a new motor vehicle

dealer after payment of a claim in the event a

purchaser of a new vehicle that is the subject of a

claim fails to comply with titling or registration

laws of this state and is not prevented from

compliance by any action of the new motor vehicle

dealer; provided, that the factory may require the new

motor vehicle dealer to provide, within thirty (30)

days of notice of charge-back, withholding of payment,

or denial of claim, the documentation to demonstrate

the vehicle sale, delivery, and customer qualification

for an incentive as reported, including consumer name

Oklahoma Statutes - Title 47. Motor Vehicles Page 845

and address and written attestation signed by the

dealer operator or general manager stating the

consumer was not on the export control list and the

dealer did not know or have reason to know the vehicle

was being exported or resold.

The factory shall provide written notice to a dealer

of a proposed charge-back that is the result of an

audit along with the specific audit results and

proposed charge-back amount. A dealer that receives

notice of a proposed charge-back pursuant to a

factory's audit has the right to file a protest with

the Commission within thirty (30) days after receipt

of the notice of the charge-back or audit results,

whichever is later. The factory is prohibited from

implementing the charge-back or debiting the dealer's

account until either the time frame for filing a

protest has passed or a final adjudication is rendered

by the Commission, whichever is later, unless the

dealer has agreed to the charge-back or charge-backs,

c. fails to compensate the new motor vehicle dealer for a

used motor vehicle:

(1) that is of the same make and model manufactured,

imported, or distributed by the factory and is a

line-make that the new motor vehicle dealer is

franchised to sell or on which the new motor

vehicle dealer is authorized to perform recall

repairs,

(2) that is subject to a stop-sale or do-not-drive

order issued by the factory or an authorized

governmental agency,

(3) that is held by the new motor vehicle dealer in

the dealer's inventory at the time the stop-sale

or do-not-drive order is issued or that is taken

by the new motor vehicle dealer into the dealer's

inventory after the recall notice as a result of

a retail consumer trade-in or a lease return to

the dealer inventory in accordance with an

applicable lease contract,

(4) that cannot be repaired due to the

unavailability, within thirty (30) days after

issuance of the stop-sale or do-not-drive order,

of a remedy or parts necessary for the new motor

vehicle dealer to make the recall repair, and

(5) that is not at least in the prorated amount of

one percent (1.00%) of the value of the vehicle

per month beginning on the date that is thirty

(30) days after the date on which the stop-sale

Oklahoma Statutes - Title 47. Motor Vehicles Page 846

order was provided to the new motor vehicle

dealer until the earlier of either of the

following:

(a) the date the recall remedy or parts are made

available, or

(b) the date the new motor vehicle dealer sells,

trades, or otherwise disposes of the

affected used motor vehicle.

For the purposes of division (5) of this subparagraph,

the value of a used vehicle shall be the average Black

Book value for the year, make, and model of the

recalled vehicle. A factory may direct the manner and

method in which a new motor vehicle dealer must

demonstrate the inventory status of an affected used

motor vehicle to determine eligibility under this

subparagraph; provided, that the manner and method may

not be unduly burdensome and may not require

information that is unduly burdensome to provide. All

reimbursement claims made by new motor vehicle dealers

pursuant to this section for recall remedies or

repairs, or for compensation where no part or repair

is reasonably available and the vehicle is subject to

a stop-sale or do-not-drive order, shall be subject to

the same limitations and requirements as a warranty

reimbursement claim made under subparagraph b of this

paragraph. In the alternative, a manufacturer may

compensate its franchised new motor vehicle dealers

under a national recall compensation program;

provided, the compensation under the program is equal

to or greater than that provided under division (5) of

this subparagraph, or as the manufacturer and new

motor vehicle dealer otherwise agree. Nothing in this

section shall require a factory to provide total

compensation to a new motor vehicle dealer which would

exceed the total average Black Book value of the

affected used motor vehicle as originally determined

under division (5) of this subparagraph. Any remedy

provided to a new motor vehicle dealer under this

subparagraph is exclusive and may not be combined with

any other state or federal compensation remedy,

d. unreasonably fails or refuses to offer to its same

line-make franchised dealers a reasonable supply and

mix of all models manufactured for that line-make, or

unreasonably requires a dealer to pay any extra fee,

purchase unreasonable advertising displays or other

materials, or enter into a separate agreement which

adversely alters the rights or obligations contained

Oklahoma Statutes - Title 47. Motor Vehicles Page 847

within the new motor vehicle dealer's existing

franchise agreement or which waives any right of the

new motor vehicle dealer as protected by Section 561

et seq. of this title, or remodel, renovate, or

recondition the new motor vehicle dealer's existing

facilities as a prerequisite to receiving a model or

series of vehicles, except as may be necessary to sell

or service the model or series of vehicles as provided

by subparagraph e of this paragraph. It shall be a

violation of this section for new vehicle allocation

to be withheld subject to any requirement to purchase

or sell any number of used or off-lease vehicles. The

failure to deliver any such new motor vehicle shall

not be considered a violation of the section if the

failure is not arbitrary or is due to lack of

manufacturing capacity or to a strike or labor

difficulty, a shortage of materials, a freight

embargo, or other cause over which the manufacturer

has no control. However, this subparagraph shall not

apply to recreational vehicles, limited production

model vehicles, a vehicle not advertised by the

factory for sale in this state, vehicles that are

subject to allocation affected by federal

environmental laws or environmental laws of this

state, or vehicles allocated in response to an

unforeseen event or circumstance,

e. except as necessary to comply with a health or safety

law, or to comply with a technology requirement which

is necessary to sell or service a motor vehicle that

the franchised new motor vehicle dealer is authorized

or licensed by the franchisor to sell or service,

requires a new motor vehicle dealer to construct a new

facility or substantially renovate the new motor

vehicle dealer's existing facility unless the facility

construction or renovation is justified by the

economic conditions existing at the time, as well as

the reasonably foreseeable projections, in the new

motor vehicle dealer's market and in the automotive

industry. However, this subparagraph shall not apply

if the new motor vehicle dealer voluntarily agrees to

facility construction or renovation in exchange for

money, credit, allowance, reimbursement, or additional

vehicle allocation to a new motor vehicle dealer from

the factory to compensate the new motor vehicle dealer

for the cost of, or a portion of the cost of, the

facility construction or renovation. Except as

necessary to comply with a health or safety law, or to

Oklahoma Statutes - Title 47. Motor Vehicles Page 848

comply with a technology or safety requirement which

is necessary to sell or service a motor vehicle that

the franchised new motor vehicle dealer is authorized

or licensed by the franchisor to sell or service, a

new motor vehicle dealer which completes a facility

construction or renovation pursuant to factory

requirements shall not be required to construct a new

facility or renovate the existing facility if the same

area of the facility or premises has been constructed

or substantially altered within the last ten (10)

years and the construction or alteration was approved

by the manufacturer as a part of a facility upgrade

program, standard, or policy. For purposes of this

subparagraph, "substantially altered" means to perform

an alteration that substantially impacts the

architectural features, characteristics, or integrity

of a structure or lot. The term shall not include

routine maintenance reasonably necessary to maintain a

dealership in attractive condition. If a facility

upgrade program, standard, or policy under which the

dealer completed a facility construction or

substantial alteration does not contain a specific

time period during which the manufacturer or

distributor shall provide payments or benefits to a

participating dealer, or the time frame specified

under the program is reduced or canceled prematurely

in the unilateral discretion of the manufacturer or

distributor, the manufacturer or distributor shall not

deny the participating dealer any payment or benefit

under the terms of the program, standard, or policy as

it existed when the dealer began to perform under the

program, standard, or policy for the balance of the

ten-year period, regardless of whether the

manufacturer's or distributor's program, standard, or

policy has been changed or canceled, unless the

manufacturer and dealer agree, in writing, to the

change in payment or benefit. During the ten-year

period following facility construction or substantial

alteration, the manufacturer shall not fail to make

available to the dealer a fair and proportionate share

of all new vehicles distributed to dealers of the same

line-make in this state, subject to the same

reasonable terms, including vehicles distributed from

a common new vehicle inventory pool outside of the

factory's ordinary allocation process, such as any

vehicles the factory reserves to distribute on a

discretionary basis,

Oklahoma Statutes - Title 47. Motor Vehicles Page 849

f. requires a new motor vehicle dealer to establish an

exclusive facility or to change the location of the

dealership, unless supported by reasonable business,

market, and economic considerations; provided, that

this section shall not restrict the terms of any

agreement for such exclusive facility voluntarily

entered into and supported by valuable consideration

separate from the new motor vehicle dealer's right to

sell and service motor vehicles for the franchisor.

If a dealer is required by the manufacturer or

distributor to change an existing, previously approved

location of the dealership and has not sold its

existing dealership facility and real estate within

the later of one hundred eighty (180) days of listing

the property for sale or ninety (90) days after the

facility relocation, then, upon the written request of

the dealer, the manufacturer or distributor shall

purchase the dealer's existing dealership facility and

real estate as if the new motor vehicle dealership

continues to operate on the property. If the factory

and dealer cannot agree on the value of the dealership

facilities and real estate, then the factory and

dealer shall utilize the process described in

paragraph 6 of subsection G of Section 565.2 of this

title. If a manufacturer or distributor purchases a

dealership facility and real estate, then it shall be

entitled to sole ownership, possession, use, and

control of any items, buildings, or property that were

included in the contract to purchase,

g. requires a new motor vehicle dealer to enter into a

site-control agreement covering any or all of the new

motor vehicle dealer's facilities or premises;

provided, that this section shall not restrict the

terms of any site-control agreement voluntarily

entered into and supported by valuable consideration

separate from the new motor vehicle dealer's right to

sell and service motor vehicles for the franchisor.

Notwithstanding the foregoing or the terms of any

site-control agreement, a site-control agreement

automatically extinguishes if all of the factory's

franchises that operated from the location that are

the subject of the site-control agreement are

terminated by the factory as part of the

discontinuance of a product line,

h. refuses to pay, or claims reimbursement from, a new

motor vehicle dealer for sales, incentives, or other

payments related to a motor vehicle sold by the new

Oklahoma Statutes - Title 47. Motor Vehicles Page 850

motor vehicle dealer because the purchaser of the

motor vehicle exported or resold the motor vehicle in

violation of the policy of the factory unless the

factory can show that, at the time of the sale, the

new motor vehicle dealer knew or reasonably should

have known of the purchaser's intention to export or

resell the motor vehicle. There is a rebuttable

presumption that the new motor vehicle dealer did not

know or could not have known that the vehicle would be

exported if the vehicle is titled and registered in

any state of the United States, or

i. (1) notwithstanding the terms of a franchise

agreement or other agreement except as provided

by this subsection, requires a new motor vehicle

dealer to purchase or utilize goods or services,

or contract with any vendor, identified, selected

or designated by the factory for the:

(a) operation of the dealership including

electronic services such as websites, data

management or storage systems, digital

retail platforms, software, or other digital

services or platforms, or

(b) construction, renovation, or improvement of

the new motor vehicle dealer's facility if

goods or services available from a vendor

that the new motor vehicle dealer chooses,

are of substantially similar quality,

function, and design, and comply with all

applicable laws; provided, however, that

such goods are not subject to the factory's

intellectual property or trademark rights

and the new motor vehicle dealer has

received the factory's approval, which

approval may not be unreasonably withheld.

Nothing in this subparagraph may be

construed to allow a new motor vehicle

dealer to impair or eliminate a factory's

intellectual property, trademark rights, or

trade dress usage guidelines. Nothing in

this subdivision or subdivision a of this

division prohibits the enforcement of a

voluntary agreement between the factory and

the new motor vehicle dealer where separate

and valuable consideration has been offered

and accepted. It is a violation of this

subdivision or subdivision a of this

division for a factory, or any entity that

Oklahoma Statutes - Title 47. Motor Vehicles Page 851

acts on behalf of, a factory to coerce a new

motor vehicle dealer to purchase or utilize

certain goods or services by the withholding

vehicle allocation the new motor vehicle

dealer is otherwise eligible to receive, and

(2) for the purposes of this subparagraph, "goods and

services" do not include:

(a) moveable displays, brochures, promotional

materials, or electronic or digital media

containing material subject to the

intellectual property rights of a factory or

parts to be used in repairs under warranty

obligations of a factory, or

(b) special tools or training required by the

factory to perform warranty or recall

repairs;

10. Being a factory that:

a. establishes a system of motor vehicle allocation or

distribution which is unfair, inequitable, or

unreasonably discriminatory. A manufacturer and

distributor shall maintain for three (3) years records

that describe its methods or formula of allocation and

distribution of its motor vehicles and records of its

actual allocation and distribution of motor vehicles

to its motor vehicle dealers. Upon the written

request of any new motor vehicle dealer franchised by

the manufacturer or distributor, received by the

manufacturer or distributor within thirty (30) days of

the manufacturer's or distributor's written notice to

the dealer of its intention to cancel or terminate, or

written notice from the manufacturer or distributor of

a sales performance deficiency requiring the dealer to

take action to cure the alleged performance

deficiency, a manufacturer or distributor shall

disclose in writing to the new motor vehicle dealer

the basis upon which new motor vehicles are allocated,

scheduled, and delivered, by vehicle model, to new

motor vehicle dealers of the same line-make for that

manufacturer or distributor for the prior three (3)

years, and the basis upon which the current allocation

or distribution is being made or will be made based on

existing information to such dealer, or

b. changes an established plan or system of motor vehicle

distribution. A new motor vehicle dealer franchise

agreement shall continue in full force and operation

notwithstanding a change, in whole or in part, of an

established plan or system of distribution of the

Oklahoma Statutes - Title 47. Motor Vehicles Page 852

motor vehicles offered or previously offered for sale

under the franchise agreement. The appointment of a

new importer or distributor for motor vehicles offered

for sale under the franchise agreement shall be deemed

to be a change of an established plan or system of

distribution. The discontinuation of a line-make

shall not be deemed to be a change of an established

plan or system of motor vehicle distribution. The

creation of a line-make shall not be deemed to be a

change of an established plan or system of motor

vehicle distribution as long as the new line-make is

not selling the same, or substantially the same

vehicle or vehicles previously sold through another

line-make by new motor vehicle dealers with an active

franchise agreement for the other line-make in the

state if such new motor vehicle dealers are no longer

authorized to sell the comparable vehicle previously

sold through their line-make. Changing a vehicle's

powertrain is not sufficient to show it is

substantially different. Upon the occurrence of such

change, the manufacturer or distributor shall be

prohibited from obtaining a license to distribute

vehicles under the new plan or system of distribution

unless the manufacturer or distributor offers to each

new motor vehicle dealer who is a party to the

franchise agreement a new franchise agreement

containing substantially the same provisions which

were contained in the previous franchise agreement;

11. Being a factory that sells directly or indirectly new motor

vehicles to any retail consumer in the state except through a new

motor vehicle dealer holding a franchise for the line-make that

includes the new motor vehicle. This paragraph does not apply to

factory sales of new motor vehicles to its employees, family members

of employees, retirees and family members of retirees, not-for-

profit organizations, or the federal, state, or local governments.

The provisions of this paragraph shall not preclude a factory from

providing information to a consumer for the purpose of marketing or

facilitating a sale of a new motor vehicle or from establishing a

program to sell or offer to sell new motor vehicles through

participating dealers subject to the limitations provided in

paragraph 2 of Section 562 of this title;

12. a. Being a factory which directly or indirectly:

(1) owns any ownership interest or has any financial

interest in a new motor vehicle dealer or any

person who sells products or services pursuant to

the terms of the franchise agreement,

Oklahoma Statutes - Title 47. Motor Vehicles Page 853

(2) operates or controls a new motor vehicle dealer,

or

(3) acts in the capacity of a new motor vehicle

dealer.

b. (1) This paragraph does not prohibit a factory from

owning or controlling a new motor vehicle dealer

while in a bona fide relationship with a dealer

development candidate who has made a substantial

initial investment in the franchise and whose

initial investment is subject to potential loss.

The dealer development candidate can reasonably

expect to acquire full ownership of a new motor

vehicle dealer within a reasonable period of time

not to exceed ten (10) years and on reasonable

terms and conditions. The ten-year acquisition

period may be expanded for good cause shown.

(2) This paragraph does not prohibit a factory from

owning, operating, controlling, or acting in the

capacity of a new motor vehicle dealer for a

period not to exceed twelve (12) months during

the transition from one independent dealer to

another independent dealer if the dealership is

for sale at a reasonable price and on reasonable

terms and conditions to an independent qualified

buyer. On showing by a factory of good cause,

the Oklahoma New Motor Vehicle Commission may

extend the time limit set forth above; extensions

may be granted for periods not to exceed twelve

(12) months.

(3) This paragraph does not prohibit a factory from

owning, operating, or controlling or acting in

the capacity of a new motor vehicle dealer which

was in operation prior to January 1, 2000.

(4) This paragraph does not prohibit a factory from

owning, directly or indirectly, a minority

interest in an entity that owns, operates, or

controls motor vehicle dealerships of the same

line-make franchised by the manufacturer,

provided that each of the following conditions

are met:

(a) all of the new motor vehicle dealerships

selling the motor vehicles of that

manufacturer in this state trade exclusively

in the line-make of that manufacturer,

(b) all of the franchise agreements of the

manufacturer confer rights on the dealer of

the line-make to develop and operate, within

Oklahoma Statutes - Title 47. Motor Vehicles Page 854

a defined geographic territory or area, as

many dealership facilities as the dealer and

manufacturer shall agree are appropriate,

(c) at the time the manufacturer first acquires

an ownership interest or assumes operation,

the distance between any dealership thus

owned or operated and the nearest

unaffiliated new motor vehicle dealership

trading in the same line-make is not less

than seventy (70) miles,

(d) during any period in which the manufacturer

has such an ownership interest, the

manufacturer has no more than three

franchise agreements with new motor vehicle

dealers licensed by the Oklahoma New Motor

Vehicle Commission to do business within the

state, and

(e) prior to January 1, 2000, the factory shall

have furnished or made available to

prospective new motor vehicle dealers an

offering circular in accordance with the

Trade Regulation Rule on Franchising of the

Federal Trade Commission, and any guidelines

and exemptions issued thereunder, which

disclose the possibility that the factory

may from time to time seek to own or

acquire, directly or indirectly, ownership

interests in retail dealerships;

13. Being a factory which directly or indirectly makes

available for public disclosure any proprietary information provided

to the factory by a new motor vehicle dealer, other than in

composite form to new motor vehicle dealers in the same line-make or

in response to a subpoena or order of the Commission or a court.

Proprietary information includes, but is not limited to,

information:

a. derived from monthly financial statements provided to

the factory, and

b. regarding any aspect of the profitability of a

particular new motor vehicle dealer;

14. Being a factory which does not provide or direct leads in a

fair, equitable, and timely manner. Nothing in this paragraph shall

be construed to require a factory to disregard the preference of a

consumer in providing or directing a lead;

15. Being a factory which used the consumer list of a new motor

vehicle dealer for the purpose of unfairly competing with dealers;

Oklahoma Statutes - Title 47. Motor Vehicles Page 855

16. Being a factory which prohibits a new motor vehicle dealer

from relocating after a written request by such new motor vehicle

dealer if:

a. the facility and the proposed new location satisfies

or meets the written reasonable guidelines of the

factory. Reasonable guidelines do not include

exclusivity or site control unless agreed to as set

forth in subparagraphs f and g of paragraph 9 of this

subsection,

b. the proposed new location is within the area of

responsibility of the new motor vehicle dealer

pursuant to Section 578.1 of this title, and

c. the factory has sixty (60) days from receipt of the

new motor vehicle dealer's relocation request to

approve or deny the request. The failure to approve

or deny the request within the sixty-day time frame

shall constitute approval of the request;

17. Being a factory which prohibits a new motor vehicle dealer

from adding additional line-makes to its existing facility, if,

after adding the additional line-makes, the facility satisfies the

written reasonable capitalization standards and facility guidelines

of each factory. Reasonable facility guidelines do not include a

requirement to maintain exclusivity or site control unless agreed to

by the dealer as set forth in subparagraphs f and g of paragraph 9

of this subsection;

18. Being a factory that increases prices of new motor vehicles

which the new motor vehicle dealer had ordered for retail consumers

and notified the factory prior to the new motor vehicle dealer's

receipt of the written official price increase notification. A

sales contract signed by a retail consumer accompanied with proof of

order submission to the factory shall constitute evidence of each

such order, provided that the vehicle is in fact delivered to the

consumer. Price differences applicable to new models or series

motor vehicles at the time of the introduction of new models or

series shall not be considered a price increase for purposes of this

paragraph. Price changes caused by any of the following shall not

be subject to the provisions of this paragraph:

a. the addition to a motor vehicle of required or

optional equipment pursuant to state or federal law,

b. revaluation of the United States dollar in the case of

foreign-made vehicles or components, or

c. an increase in transportation charges due to increased

rates imposed by common or contract carriers;

19. Being a factory that requires a new motor vehicle dealer to

participate monetarily in an advertising campaign or contest, or

purchase any promotional materials, showroom, or other display

decoration or materials at the expense of the new motor vehicle

Oklahoma Statutes - Title 47. Motor Vehicles Page 856

dealer without consent of the new motor vehicle dealer, which

consent shall not be unreasonably withheld;

20. Being a factory that denies any new motor vehicle dealer

the right of free association with any other new motor vehicle

dealer for any lawful purpose, unless otherwise permitted by this

chapter;

21. Being a factory that requires a new motor vehicle dealer to

sell, offer to sell, or sell exclusively an extended service

contract, extended maintenance plan, or similar product, such as gap

products offered, endorsed, or sponsored by the factory by the

following means:

a. by an act or statement from the factory that will in

any manner adversely impact the new motor vehicle

dealer, or

b. by measuring the new motor vehicle dealer's

performance under the franchise based on the sale of

extended service contracts, extended maintenance

plans, or similar products offered, endorsed, or

sponsored by the manufacturer or distributor;

22. Being a factory that requires or coerces a new motor

vehicle dealer in this state to purchase or lease any electric

vehicle charging stations at the new motor vehicle dealer's expense

unless the franchise agreement, including any related addendums,

with the new motor vehicle dealer identifies electric vehicle models

among the vehicles available for sale under the dealer’s franchised

line-make, or the new motor vehicle dealer has notified the

manufacturer or distributor of the new motor vehicle dealer's

intention to begin selling and servicing electric vehicles

manufactured or distributed by that factory. If the new motor

vehicle dealer's franchise identifies electric vehicle models or the

dealer is actually offering for sale to the public or providing

warranty service on electric vehicles manufactured or distributed by

that factory, the new motor vehicle dealer may not be required to

purchase or lease, at the new motor vehicle dealer's expense:

a. more than the number and type of electric vehicle

charging stations based upon the reasonable estimate

dealer sales and service volume for those vehicles in

the dealer's market, or

b. to make electric vehicle charging stations located at

the new motor vehicle dealership available for use by

the general public. Nothing in this paragraph shall

prohibit a factory from offering financial assistance

through a lump-sum payment to new motor vehicle

dealers that purchase or install electric charging

stations; and

23. Being a factory that withdraws all or a material part of

its stated electric vehicle distribution plan and fails or refuses,

Oklahoma Statutes - Title 47. Motor Vehicles Page 857

at the written request of the new motor vehicle dealer, to accept

the return or otherwise fully reimburse a new motor vehicle dealer

for the cost of parts, tools, equipment, chargers and other

returnable items required as a part of that distribution plan,

program, policy or other initiative related to the sale or service

of electric motor vehicles, provided that:

a. the dealer demonstrates that the volume of electric

motor vehicle sales or service is no longer adequate

to allow the dealer to realize a positive return on

the investment over the useful life of the parts,

tools, equipment, chargers, or other returnable items,

and

b. the dealer submits its request to the manufacturer or

distributor in writing and within twenty-four (24)

months of dealer's receipt of the part, tools,

equipment, charger or other returnable items.

B. Notwithstanding the terms of any franchise agreement, in the

event of a proposed sale or transfer of a dealership, the

manufacturer or distributor shall be permitted to exercise a right

of first refusal to acquire the assets or ownership interest of the

dealer of the new motor vehicle dealership, if such sale or transfer

is conditioned upon the manufacturer or dealer entering into a

dealer agreement with the proposed new owner or transferee, only if

all the following requirements are met:

1. To exercise its right of first refusal, the factory must

notify the new motor vehicle dealer in writing within sixty (60)

days of receipt of the completed proposal for the proposed sale

transfer;

2. The exercise of the right of first refusal will result in

the new motor vehicle dealer and the owner of the dealership

receiving the same or greater consideration as they have contracted

to receive in connection with the proposed change of ownership or

transfer;

3. The proposed sale or transfer of the dealership does not

involve the transfer or sale to a member or members of the family of

one or more dealer owners, or to a qualified manager or a

partnership or corporation controlled by such persons; and

4. The factory agrees to pay the reasonable expenses, including

attorney fees which do not exceed the usual, customary, and

reasonable fees charged for similar work done for other clients

incurred by the proposed new owner and transferee prior to the

exercise by the factory of its right of first refusal in negotiating

and implementing the contract for the proposed sale or transfer of

the dealership or dealership assets. Notwithstanding the foregoing,

no payment of expenses and attorney fees shall be required if the

proposed new dealer or transferee has not submitted or caused to be

submitted an accounting of those expenses within thirty (30) days of

Oklahoma Statutes - Title 47. Motor Vehicles Page 858

receipt of the written request of the factory for such an

accounting. The accounting may be requested by a factory before

exercising its right of first refusal.

C. Nothing in this section shall prohibit, limit, restrict, or

impose conditions on:

1. Business activities, including without limitation the

dealings with motor vehicle manufacturers and the representatives

and affiliates of motor vehicle manufacturers, of any person that is

primarily engaged in the business of short-term, not to exceed

twelve (12) months, rental of motor vehicles and industrial and

construction equipment and activities incidental to that business,

provided that:

a. any motor vehicle sold by that person is limited to

used motor vehicles that have been previously used

exclusively and regularly by that person in the

conduct of business and used motor vehicles traded in

on motor vehicles sold by that person,

b. warranty repairs performed by that person on motor

vehicles are limited to those motor vehicles that the

person owns, previously owned, or takes in trade, and

c. motor vehicle financing provided by that person to

retail consumers for motor vehicles is limited to used

vehicles sold by that person in the conduct of

business; or

2. The direct or indirect ownership, affiliation, or control of

a person described in paragraph 1 of this subsection.

D. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.
Okla. Stat. tit. 47, § 47-1104.32 — OK Code / Title 47 / Section 47-1104.32
Extraordinary Educators License Plate Revolving Fund
Status: in_force

A. Twenty Dollars ($20.00) of the fee authorized by Section

1135.5 of Title 47 of the Oklahoma Statutes for the Extraordinary

Educators License Plate shall be deposited by Service Oklahoma in

the Extraordinary Educators License Plate Revolving Fund created in

subsection B of this section.

B. There is hereby created in the State Treasury a revolving

fund for the State Department of Education to be designated the

“Extraordinary Educators License Plate Revolving Fund”. The fund

shall be a continuing fund, not subject to fiscal year limitations,

and shall consist of all monies received by the Department pursuant

to the provisions of subsection A of this section. All monies

accruing to the credit of the fund are hereby appropriated and may

be budgeted and expended by the Department for the purpose of

providing grants to school superintendents for distribution to

educators who propose extraordinary activities, projects or lessons

Oklahoma Statutes - Title 47. Motor Vehicles Page 1071

for students from kindergarten through eighth grade. Expenditures

from the fund shall be made upon warrants issued by the State

Treasurer against claims filed as prescribed by law with the

Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 47, § 47-11-1102 — OK Code / Title 47 / Section 47-11-1102
Limitations on backing
Status: in_force

Oklahoma Statutes - Title 47. Motor Vehicles Page 565

No vehicle shall be backed upon any street or highway except for

such distance as may be necessary to permit the vehicle to enter the

proper driving lane from a parked position. Such backing shall be

done only after the driver of said vehicle has ascertained that such

movement can be made without endangering other traffic.
Okla. Stat. tit. 47, § 47-11-1009 — OK Code / Title 47 / Section 47-11-1009
Parking on certain state property prohibited -
Status: in_force

Procedure for enforcement and appeal.

A. No person shall place, stop, park, or stand any vehicle

including trailers or implements of husbandry, contrary to any

official sign reserving, restricting, or regulating the placing,

stopping, standing, or parking of a vehicle at any state building or

property, including grounds appurtenant thereto, within Oklahoma and

Tulsa Counties.

B. The Department of Public Safety shall be responsible for the

enforcement of subsection A of this section.

C. Any person violating the provisions of subsection A of this

section shall be subject to a civil fine. A violation shall be

indicated by the placing of a notice of such violation on the

windshield of the vehicle improperly placed, stopped, parked, or

standing.

Oklahoma Statutes - Title 47. Motor Vehicles Page 563

The notice shall be on a form prescribed by the Commissioner of

Public Safety. The civil fine for such violation shall be Five

Dollars ($5.00) if paid within ten (10) days from the date of the

violation and Twenty Dollars ($20.00) if paid after ten (10) days

from the date of the violation.

D. The fine shall be paid by mailing or personally delivering

the notice and a personal check or money order to cover the fine to

the Capitol Patrol Section of the Oklahoma Highway Patrol Division

of the Department of Public Safety. Provided, should the person

elect to object to the imposition of the fine and to have a hearing

on the violation, the person shall so indicate on the notice and

mail or present it to the Department of Public Safety, within ten

(10) days from the date of the notice of the violation, with a bond

by cash or money order equal to the amount of the fine pending the

outcome of the hearing. The bond may be used to pay the fine in the

event the determination of the hearing examiner upholds the

imposition of the civil fine. If no bond accompanies the request

for hearing, no hearing shall be granted. If the request for a

hearing is not made within ten (10) days from the date of the notice

of the violation, the person shall not be entitled to a hearing and

shall be subject to the civil fine prescribed in subsection C of

this section.

E. The request for a hearing shall be submitted to the

Department of Public Safety within ten (10) days from the date of

the notice of the violation, and the violation shall be set for

hearing before a hearing examiner appointed by the Commissioner.

The person requesting the hearing shall be notified of the time and

place of the hearing by the Department of Public Safety by mailing a

copy of the notice by regular mail to the address indicated on the

request for hearing. The hearing examiner may take evidence of the

violation and shall determine if there has been a violation of the

provisions of subsection A of this section. If it is determined

that there was a violation, the hearing examiner shall enforce the

fine indicated on the notice.

F. Any vehicle having outstanding fines against it may be

immobilized by use of a tire boot or may be impounded by the

Department of Public Safety. The vehicle may remain immobilized or

be retained by the Department pending the payment of all fines,

towing, and storage charges, and until the owner furnishes to the

Department proof of security or an affidavit that the vehicle is

insured by a policy of liability insurance or will not be used on

public highways or public streets, as required pursuant to Section

7-600 et seq. of this title. The State of Oklahoma shall have a

possessory lien against any vehicle which is found to have

outstanding fines against it until such fines are paid. The lien

may be foreclosed pursuant to the procedures provided for in

Sections 91 through 96 of Title 42 of the Oklahoma Statutes.

Oklahoma Statutes - Title 47. Motor Vehicles Page 564

G. All the monies generated from such fines shall be remitted

to the State Treasurer to be credited to the General Revenue Fund in

the State Treasury.
Okla. Stat. tit. 47, § 47-1135.4 — OK Code / Title 47 / Section 47-1135.4
Personalized license plates
Status: in_force

A. Service Oklahoma is hereby authorized to design and issue

personalized license plates. The personalized license plates shall

be issued on a staggered system except for vintage decals.

Personalized special license plates shall not be transferred to

any other person but shall be removed from the vehicle upon transfer

of ownership and retained. The personalized special license plate

may then be used on another vehicle but only after such other

vehicle has been registered for the current year.

Personalized special license plates shall be renewed each year

by Service Oklahoma or a licensed operator, unless authorized by

Service Oklahoma to be renewed for a period greater than one (1)

year. Service Oklahoma shall notify by mail all persons issued

special license plates. Service Oklahoma shall send the

notifications to the electronic mail address provided by the person.

If a person does not provide an electronic mail address, Service

Oklahoma shall notify the person by mail. The notice shall contain

all necessary information and shall contain instructions for the

Oklahoma Statutes - Title 47. Motor Vehicles Page 1286

renewal procedure upon presentation to a licensed operator or

Service Oklahoma. Until December 31, 2022, licensed operator fees

for renewals shall be paid out of the Oklahoma Tax Commission

Reimbursement Fund. Beginning January 1, 2023, the licensed

operator fees for acceptance of applications and renewals shall be

paid out of the Service Oklahoma Reimbursement Fund.

On and after January 1, 2022, if a personalized license plate is

issued pursuant to this section, any registration fee required for

such plate pursuant to this section and the fee required pursuant to

Section 1132 of this title shall be remitted at the same time and

subject to a single registration period. Service Oklahoma shall

determine, by rule, a method for making required fee and

registration period adjustments if a special license plate is

obtained during a twelve-month period for which a registration fee

has already been remitted pursuant to Section 1132 of this title.

The combination of fees in a single remittance shall not alter the

apportionment otherwise provided for in this section.

B. Such plates shall be designed and issued for the following:

1. Any person in any combination of numbers or letters from one

to a maximum of seven;

2. Persons eligible for two or more of the military decoration

special license plates provided for in this title. Such plates may

be issued in any combination of emblems. However, such plates shall

only display up to three emblems and shall also display any

combination of letters or numbers from one to a maximum of three;

3. Motorcycles in any combination of numbers or letters from

one to a maximum of six;

4. Persons eligible for Korean War Veteran license plates

provided for in this title. Such plates may display any combination

of letters or numbers up to three on each side of the insignia or

emblem;

5. Persons eligible for World War II Veteran license plates

provided for in this title. Such plates may display any combination

of letters or numbers up to three on each side of the insignia or

emblem; and

6. Persons owning vehicles which are twenty-one (21) years and

older are qualified to submit for approval by Service Oklahoma or a

licensed operator a vintage but expired official Oklahoma license

plate which is twenty-one (21) years and older. Upon approval of

such personalized plate, the owner shall be issued the annual

registration decal which Service Oklahoma or the licensed operator

shall direct to be affixed.

C. The fee for such plates shall be Twenty Dollars ($20.00) per

year of renewal and shall be in addition to all other registration

fees provided by the Oklahoma Vehicle License and Registration Act.

Eight Dollars ($8.00) per year of renewal of the personalized tag

fee shall be deposited in the Oklahoma Tax Commission Reimbursement

Oklahoma Statutes - Title 47. Motor Vehicles Page 1287

Fund to be used for the administration of the Oklahoma Vehicle

License and Registration Act. Twelve Dollars ($12.00) per year of

renewal of the personalized tag fee shall be apportioned as provided

in Section 1104 of this title. Beginning January 1, 2023, Eight

Dollars ($8.00) per year of renewal of the personalized tag fee

shall be deposited by Service Oklahoma in the Service Oklahoma

Reimbursement Fund to be used for the administration of the Oklahoma

Vehicle License and Registration Act. Twelve Dollars ($12.00) per

year of renewal of the personalized tag fee shall be apportioned by

Service Oklahoma as provided in Section 1104 of this title.
Okla. Stat. tit. 47, § 47-1115.1 — OK Code / Title 47 / Section 47-1115.1
Seizure of vehicles not bearing or displaying proper
Status: in_force

license plate - Sale.

In addition to the penalties provided in the Oklahoma Vehicle

License and Registration Act, after ninety (90) days from the

expiration date for annual registration of a vehicle, the

Corporation Commission, Department of Public Safety, county

sheriffs, and all other duly authorized peace officers of this state

may seize and take into custody every vehicle owned within this

state not bearing or displaying a proper license plate required by

the Oklahoma Vehicle License and Registration Act. The vehicle

shall not be released to the owner until it is duly registered and

the license, registration, or title fee and penalties due are paid

in full, proof of security or an affidavit that the vehicle will not

be used on public highways or public streets, as required pursuant

to Section 7-600 et seq. of this title, is furnished, and the cost

of seizure, including the reasonable cost of taking the vehicle into

custody and storing the vehicle, have been paid. In the event the

owner of any vehicle seized fails to pay such fees and penalties

due, together with cost of seizure and storage, and fails to provide

proof of security or an affidavit that the vehicle will not be used

on public highways or public streets, the Office of Management and

Enterprise Services shall proceed to sell the vehicle by posting not

fewer than five notices of sale in five different public places in

the county where the vehicle is located, one of such notices to be

posted at the place where the vehicle is stored. A copy of the

notice shall also be sent by certified mail, restricted delivery,

with return receipt requested, to the last-known address of the

registered owner of the vehicle. The 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 costs of sale, seizure and the fee and penalty, the

purchaser shall be issued a certificate of purchase, license plate,

manufactured home registration receipt and decal and registration

certificate;

2. In the event the sale price is less than the total costs of

sale, seizure, and the fee and penalty, the vehicle shall be sold as

Oklahoma Statutes - Title 47. Motor Vehicles Page 1163

junk to the highest bidder, whereupon the bidder shall receive a

certificate of purchase; and if the vehicle be dismantled, the

record to the junked vehicle shall be canceled. If not dismantled,

the vehicle shall be immediately registered; and

3. Any residual amount remaining unclaimed by the delinquent

owner shall be administered in accordance with the Uniform Unclaimed

Property Act.
Okla. Stat. tit. 47, § 47-1020 — OK Code / Title 47 / Section 47-1020
Vehicle equipment standards
Status: in_force

Transportation network companies shall require that any motor

vehicle(s) that a TNC driver will use to provide prearranged rides

meets the equipment standards required of private motor vehicles

under Section 12-101 et seq. of Title 47 of the Oklahoma Statutes.
Okla. Stat. tit. 47, § 47-7-506 — OK Code / Title 47 / Section 47-7-506
Driving privilege reinstatement fee
Status: in_force

Whenever a person's driving privilege is suspended under this

chapter and the filing of proof of financial responsibility is made

a prerequisite to reinstatement of the driving privilege or the

issuance of a driver license, no driving privilege shall be

reinstated or a driver license issued unless the person, in addition

to complying with the other provisions of this chapter, pays to

Service Oklahoma the fees provided for in Section 6-212 of this

title.
Okla. Stat. tit. 47, § 47-1105.5 — OK Code / Title 47 / Section 47-1105.5
Background checks
Status: in_force

The Oklahoma Tax Commission and Service Oklahoma shall be

authorized to require employees of the Commission and Service

Oklahoma in positions that have access to sensitive law enforcement

data to supply all information and documentation required in order

to be subjected to a criminal history search by the Oklahoma State

Bureau of Investigation, as well as be fingerprinted for submission

of the fingerprints through the Oklahoma State Bureau of

Oklahoma Statutes - Title 47. Motor Vehicles Page 1108

Investigation to the Federal Bureau of Investigation for a national

criminal history check. The Commission and Service Oklahoma shall

be the recipients of the results of the record check.

No employee of the Commission or Service Oklahoma shall be

eligible to enroll in the Oklahoma Law Enforcement

Telecommunications System training course until the Oklahoma State

Bureau of Investigation and the Federal Bureau of Investigation have

reported to the Commission and Service Oklahoma that the person has

no felony record and the Commission and Service Oklahoma have

reported to the Department of Public Safety that the applicant does

not have a felony record and is not participating in a deferred

sentence or deferred prosecution agreement for a felony. In

accordance with Section 150.9 of Title 74 of the Oklahoma Statutes,

this includes a national criminal history record with a fingerprint

analysis.

The Commission and Service Oklahoma shall request searches of

the online and off-line files of the National Crime Information

Center (NCIC), or any successor federal agency which supplies such

information, to identify vehicles which have been reported stolen.

Such searches will be requested only by Commission and Service

Oklahoma employees who have satisfied the background check

provisions of this section.

The Commission and Service Oklahoma are authorized to promulgate

rules necessary to implement the provisions of this section.
Okla. Stat. tit. 47, § 47-11-1011 — OK Code / Title 47 / Section 47-11-1011
Renumbered as § 15.3 of Title 73 by Laws 1995, c. 288,
Status: in_force

§ 3, eff. July 1, 1995.
Okla. Stat. tit. 47, § 47-20-101 — OK Code / Title 47 / Section 47-20-101
Uniformity of interpretation
Status: in_force

This act shall be so interpreted and construed as to effectuate

its general purpose to make uniform the law of those states which

enact it.
Okla. Stat. tit. 47, § 47-12-218.2 — OK Code / Title 47 / Section 47-12-218.2
Vehicles operated by rural letter carriers or any highway contract route vehicles
Status: in_force

Oklahoma Statutes - Title 47. Motor Vehicles Page 16highway contract route vehicles delivering mail - Flashing lights.

Oklahoma Statutes - Title 47. Motor Vehicles Page 615

Any privately owned motor vehicle operated by a rural letter

carrier or any highway contract route vehicle while engaged in the

delivery of mail may be equipped with no more than two

simultaneously flashing amber lights and a sign reading "U.S. MAIL"

for the purpose of warning the operators of other vehicles to

exercise care in approaching, overtaking, or passing. Such lights

shall be activated as the rural carrier stops on or adjacent to the

roadway for the purpose of delivering or collecting United States

mail. Such lights shall be of double face or two-way type, be

visible when turned on for at least five hundred (500) feet to the

front and rear of the vehicle in normal sunlight, be mounted on the

highest part of the roof of the vehicle and be spaced laterally as

far as practicable to each side of the vehicle. The sign and lights

shall be installed so that the sign is lowered and lights turned off

before the first stop on the route and following the last one.
Okla. Stat. tit. 47, § 47-230.21 — OK Code / Title 47 / Section 47-230.21
Short title
Status: in_force

The provisions of this act shall be known and may be cited as

the "Motor Carrier Act of 1995".
Okla. Stat. tit. 47, § 47-12-211 — OK Code / Title 47 / Section 47-12-211
Visibility of reflectors, clearance lamps and marker
Status: in_force

lamps.

A. Every reflector upon any vehicle referred to in Section 12-

208 of this title shall be of such size and characteristics and so

maintained as to be readily visible at nighttime from all distances

within six hundred (600) feet to one hundred (100) feet from the

vehicle when directly in front of lawful lower beams of headlamps.

B. Front and rear clearance lamps shall be visible at nighttime

from a distance of one thousand (1,000) feet from the front and

rear, respectively, of the vehicle.

C. Side marker lamps shall be visible at nighttime from a

distance of one thousand (1,000) feet from the sides of the vehicles

on which mounted.
Okla. Stat. tit. 47, § 47-13-103 — OK Code / Title 47 / Section 47-13-103
Owner and drivers to submit vehicles for inspection
Status: in_force

Whenever the driver of a vehicle is directed by a member of the

Highway Patrol to stop and submit the mechanical condition of the

vehicle or its equipment to an inspection or test under the

conditions stated in this act, it shall be the duty of such driver

to stop and submit to such inspection or test and the failure or

refusal to do so is a misdemeanor.
Okla. Stat. tit. 47, § 47-1075 — OK Code / Title 47 / Section 47-1075
Vehicles to comply with equipment standards
Status: in_force

Every courier application service shall require that any motor

vehicles that a CAS driver will use to provide courier services

meets the equipment standards required of private motor vehicles

under Section 12-101 et seq. of Title 47 of the Oklahoma Statutes.
Okla. Stat. tit. 47, § 47-966 — OK Code / Title 47 / Section 47-966
Nonconsensual Towing Act of 2011 - Application of act -
Status: in_force

Rates.

A. This act shall be known and may be cited as the

“Nonconsensual Towing Act of 2011”.

B. The provisions of this act shall apply to every wrecker

operating within the State of Oklahoma removing and storing vehicles

Oklahoma Statutes - Title 47. Motor Vehicles Page 1016

from Oklahoma roads and highways or private property as a result of

a nonconsensual tow.

C. The Corporation Commission, by Commission order, shall have

the power and authority necessary:

1. To establish wrecker rates for the transportation and

storage of motor vehicles removed due to a nonconsensual tow from

Oklahoma roads and highways or private property;

2. To supervise and enforce such rates; and

3. To mediate and adjudicate complaints that may arise from

charges assessed as a result of such vehicle removal.

D. Rates as specified in Sections 953.1 and 953.2 of Title 47

of the Oklahoma Statutes shall remain in effect until rates are

established by order of the Commission.

E. Rates established by the Commission shall be fair and

reasonable.

F. The Commission may assess fines or other penalties to any

wrecker or towing service for failure to comply with prescribed

rates as established by the Commission, failure to pay a levied

assessment or comply with any applicable order of the Commission.

Repeat violations by a wrecker or towing service are cause for

revocation of its license issued by the Department of Public Safety.

G. The Department shall cooperate with the Commission to

implement this act and may enter into agreements to facilitate this

act.
Okla. Stat. tit. 47, § 47-1-133.3 — OK Code / Title 47 / Section 47-1-133.3
Motorized scooter
Status: in_force

Motorized scooter.

A. A "motorized scooter" is any vehicle having:

1. Not more than three wheels in contact with the ground;

2. Handlebars and a foot support or seat for the use of the

operator; and

3. A power source that is capable of propelling the vehicle at

a maximum design speed of not more than thirty-five (35) miles per

hour on level ground, and:

a. if the power source is a combustion engine, has a

piston or rotor displacement of fifty cubic

centimeters (50 cc) or less regardless of the number

of chambers in the power source, or

b. if the power source is electric, is programmed by the

manufacturer not to exceed thirty-five (35) miles per

hour on level ground.

Regardless of power source, local governments may set maximum speed

requirements by local ordinance.

B. For purposes of this section, an electric personal assistive

mobility device, as defined in Section 1-114A of this title,

bicycle, electric-assisted bicycle, or motorized bicycle, as defined

in Section 1-104 of this title, shall not be considered a motorized

scooter.

C. A motorized scooter shall not be required to be registered

under the laws of this state.

Oklahoma Statutes - Title 47. Motor Vehicles Page 47

1. The operator of a motorized scooter shall be at least

fourteen (14) years of age unless an older age is required by local

ordinance.

2. The operator of a motorized scooter shall not be required to

possess a driver license unless required by local ordinance.

3. The operator of a motorized scooter shall not be required to

comply with the vehicle insurance or financial responsibility laws

of this state unless required by local ordinance, and shall observe

all applicable traffic safety regulations when driving on a public

roadway as required by statute and local ordinances.

D. Municipalities shall have authority to regulate the usage of

motorized scooters on all public roadways, trails, sidewalks, and

other public spaces, and to determine appropriate locations for use.
Okla. Stat. tit. 47, § 47-1003 — OK Code / Title 47 / Section 47-1003
Non-liability of employer
Status: in_force

An employer shall not be liable for injuries to passengers and

other persons because he provides information, incentives or

otherwise encourages his employees to participate in ridesharing

arrangements.
Okla. Stat. tit. 47, § 47-11-503 — OK Code / Title 47 / Section 47-11-503
Crossing at other than cross walks
Status: in_force

(a) Every pedestrian crossing a roadway at any point other than

within a marked crosswalk or within an unmarked crosswalk at an

intersection shall yield the right-of-way to all vehicles upon the

roadway.

(b) Any pedestrian crossing a roadway at a point where a

pedestrian tunnel or overhead pedestrian crossing has been provided

shall yield the right-of-way to all vehicles upon the roadway.

(c) Between adjacent intersections at which traffic-control

signals are in operation pedestrians shall not cross at any place

except in a marked crosswalk.
Okla. Stat. tit. 47, § 47-1-132 — OK Code / Title 47 / Section 47-1-132
Manufacturer
Status: in_force

Every person engaged in the business of constructing or

assembling vehicles of a type required to be registered hereunder at

an established place of business in this state.
Okla. Stat. tit. 47, § 47-6-106.1 — OK Code / Title 47 / Section 47-6-106.1
Renumbered as § 11-906.1 of this title by Laws 2000,
Status: in_force

1st Ex.Sess., c. 8, § 33, eff. July 1, 2000.
Okla. Stat. tit. 47, § 47-6-105 — OK Code / Title 47 / Section 47-6-105
See the following versions:
Status: in_force

OS 47-6-105v1 (SB 1766, Laws 2024, c. 450, § 2).

OS 47-6-105v2 (SB 2038, Laws 2024, c. 452, § 38).

OS 47-6-105v3 (HB 1854, Laws 2024, c. 11, § 3).
Okla. Stat. tit. 47, § 47-756 — OK Code / Title 47 / Section 47-756
Admission of evidence shown by tests
Status: in_force

A. Upon the trial of any criminal action or proceeding arising

out of acts alleged to have been committed by any person while

driving or in actual physical control of a motor vehicle while under

the influence of alcohol or any other intoxicating substance, or the

Oklahoma Statutes - Title 47. Motor Vehicles Page 965

combined influence of alcohol and any other intoxicating substance,

evidence of the alcohol concentration in the blood or breath of the

person as shown by analysis of the blood or breath of the person

performed in accordance with the provisions of Sections 752 and 759

of this title or evidence of the presence or concentration of any

other intoxicating substance as shown by analysis of such person's

blood, breath, saliva, or urine specimens in accordance with the

provisions of Sections 752 and 759 of this title is admissible.

Evidence that the person has refused to submit to a test or tests is

also admissible. For the purpose of this title, when the person is

under the age of twenty-one (21) years, evidence that there was, at

the time of the test, any measurable quantity of alcohol is prima

facie evidence that the person is under the influence of alcohol in

violation of Section 11-906.4 of this title. For persons twenty-one

years of age or older:

1. Evidence that there was, at the time of the test, an alcohol

concentration of five-hundredths (0.05) or less is prima facie

evidence that the person was not under the influence of alcohol;

2. Evidence that there was, at the time of the test, an alcohol

concentration in excess of five-hundredths (0.05) but less than

eight-hundredths (0.08) is relevant evidence that the person's

ability to operate a motor vehicle was impaired by alcohol.

However, no person shall be convicted of the offense of operating or

being in actual physical control of a motor vehicle while such

person's ability to operate such vehicle was impaired by alcohol

solely because there was, at the time of the test, an alcohol

concentration in excess of five-hundredths (0.05) but less than

eight-hundredths (0.08) in the blood or breath of the person in the

absence of additional evidence that such person's ability to operate

such vehicle was affected by alcohol to the extent that the public

health and safety was threatened or that the person had violated a

state statute or local ordinance in the operation of a motor

vehicle; and

3. Evidence that there was, at the time of the test, an alcohol

concentration of eight-hundredths (0.08) or more shall be admitted

as prima facie evidence that the person was under the influence of

alcohol.

B. For purposes of this title, "alcohol concentration" means

grams of alcohol per one hundred (100) milliliters of blood if the

blood was tested, or grams of alcohol per two hundred ten (210)

liters of breath if the breath was tested.

C. To be admissible in a proceeding, the evidence must first be

qualified by establishing that the test was administered to the

person within two (2) hours after the arrest of the person.

D. Upon the trial of any criminal action or proceeding arising

out of acts alleged to have been committed by any person while

driving or in actual physical control of a motor vehicle while under

Oklahoma Statutes - Title 47. Motor Vehicles Page 966

the influence of alcohol, the following may be considered as

evidence that the test of the breath of the person was validly

administered in accordance with the rules of the Board of Tests for

Alcohol and Drug Influence:

1. A report, test result or other documentation indicating the

test was performed by an operator holding a permit issued by the

Board of Tests for Alcohol and Drug Influence;

2. A report, test result or other documentation indicating the

test was performed after the installation of a dry gas cylinder by

the Board of Tests for Alcohol and Drug Influence and before the

expiration date of the cylinder;

3. A report, test result or other documentation reflecting the

results of two breath samples within 0.03g/210L of each other; or

4. A report, test result or other documentation reflecting a

control test within 0.01g/210L of the target value of the control.

E. Results of the test of a the breath or blood of the person,

if admissible, shall be admitted without reference to measurement

uncertainty.

F. 1. At any hearing, documents retained by the Board of Tests

of Alcohol and Drug Influence to reflect maintenance on an

instrument maintained by the Board for the measurement of alcohol

concentration in a person's breath, which have been made available

to the accused by the office of the district attorney at least ten

(10) days prior to the hearing, when certified as correct by the

persons making the report shall be received as evidence of the facts

and findings stated, if relevant and otherwise admissible in

evidence. If a report is deemed relevant by the state or the

accused, the court shall admit the report without the testimony of

the person making the report, unless the court, pursuant to

paragraph 2 of this subsection, orders the person making the report

to appear.

2. The court, upon motion of the state or the accused at least

five (5) days prior to the hearing, shall order the attendance of

the person making a report intended to be submitted as evidence,

pursuant to paragraph 1 of this subsection, when it appears there is

a substantial likelihood that material evidence not contained in

such report may be produced by the testimony of the person having

prepared the report.
Okla. Stat. tit. 47, § 47-230.34 — OK Code / Title 47 / Section 47-230.34
Short title
Status: in_force

This act shall be known and may be cited as the “Motor Carrier

Harvest Permit Act of 2006”.
Okla. Stat. tit. 47, § 47-11-203 — OK Code / Title 47 / Section 47-11-203
Pedestrian-control signals
Status: in_force

Whenever special pedestrian-control signals exhibiting the words

“Walk” or a flashing “Don’t Walk” or the WALKING PERSON or UPRAISED

HAND symbols are in place, such signals shall indicate as follows:

1. Walk. Pedestrians facing such signal may proceed across the

roadway in the direction of the signal and shall be given the right-

of-way in the direction of the signal by the drivers of all

vehicles;

2. Flashing Don’t Walk or flashing UPRAISED HAND. No

pedestrian shall start to cross the roadway in the direction of such

signal, but any pedestrian who has partially completed his or her

crossing on the walk signal shall proceed to a sidewalk or

pedestrian refuge while the steady Don’t Walk or UPRAISED HAND

signal is showing; and

3. Steady Don’t Walk or steady UPRAISED HAND. No pedestrian

shall enter the roadway in the direction of the signal indication.
Okla. Stat. tit. 47, § 47-12-425 — OK Code / Title 47 / Section 47-12-425
Absent, disconnected, or broken parts of suspension
Status: in_force

system.

No vehicle shall be operated if any shock absorber, spring, or

strut of the suspension system is absent, disconnected, or broken.
Okla. Stat. tit. 47, § 47-149.1 — OK Code / Title 47 / Section 47-149.1
Renumbered as § 12-427 of this title by Laws 2003, c
Status: in_force

411, § 85, eff. Nov. 1, 2003.
Okla. Stat. tit. 47, § 47-1132.1 — OK Code / Title 47 / Section 47-1132.1
License and registration fee
Status: in_force

A. There is levied and there shall be paid to Service Oklahoma

a fee of Three Dollars ($3.00) upon every vehicle to be registered

or licensed, except for those licensed pursuant to subsection (c) of

Section 1210.34 of Title 70 of the Oklahoma Statutes. Said fee

shall accrue and shall be collectible upon each vehicle under the

same circumstances and shall be payable in the same manner and times

as apply to vehicle licenses and registrations under the provisions

of the Oklahoma Vehicle License and Registration Act; provided, said

fee shall be paid in full for the then current year at the time any

vehicle is first registered in a calendar year.

B. Two-thirds (2/3) of the monies collected pursuant to this

section shall be transferred by Service Oklahoma each month to the

State Treasurer for deposit in the General Revenue Fund. For the

fiscal year beginning July 1, 1999, of the remaining one-third (1/3)

of the monies collected pursuant to this section each fiscal year,

the first Four Hundred Thousand Dollars ($400,000.00) shall be

transferred by Service Oklahoma to the State Treasurer for deposit

in the Motor Vehicle Driver Education Revolving Fund created in

Section 1132.2 of this title and any amount in excess of Four

Hundred Thousand Dollars ($400,000.00) shall be transferred by

Service Oklahoma to the State Treasurer for deposit in the General

Revenue Fund. For the fiscal year beginning July 1, 2000, and for

each fiscal year thereafter, of the remaining one-third (1/3) of the

monies collected pursuant to this section each fiscal year, the

first Nine Hundred Thousand Dollars ($900,000.00) shall be

transferred by Service Oklahoma to the State Treasurer for deposit

in the Motor Vehicle Driver Education Revolving Fund created in

Section 1132.2 of this title and any amount in excess of Nine

Hundred Thousand Dollars ($900,000.00) shall be transferred by

Service Oklahoma to the State Treasurer for deposit in the General

Revenue Fund.

C. The collection and payment of said fee shall be a

prerequisite to license or registration of any vehicle, except for

Oklahoma Statutes - Title 47. Motor Vehicles Page 1197

those licensed pursuant to subsection (c) of Section 1210.34 of

Title 70 of the Oklahoma Statutes.
Okla. Stat. tit. 47, § 47-1-117 — OK Code / Title 47 / Section 47-1-117
Explosives
Status: in_force

Explosives shall have the same meaning as defined in 49 C.F.R.,

Part 173.
Okla. Stat. tit. 47, § 47-12-704 — OK Code / Title 47 / Section 47-12-704
Reflector
Status: in_force

Oklahoma Statutes - Title 47. Motor Vehicles Page 651

Every bicycle shall be equipped with a red reflector which shall

be visible for six hundred (600) feet to the rear when directly in

front of lawful lower beams of headlamps on a motor vehicle.
Okla. Stat. tit. 47, § 47-1063 — OK Code / Title 47 / Section 47-1063
Verification and notice of vehicle safety recalls
Status: in_force

A. At the time a vehicle owner registers as a shared vehicle

owner on a peer-to-peer car sharing program, and prior to the time

when the shared vehicle owner makes a shared vehicle available for

car sharing on the peer-to-peer car sharing program, the peer-to-

peer car sharing program shall:

1. Verify that the shared vehicle does not have any safety

recalls on the vehicle for which the repairs have not been made; and

2. Notify the shared vehicle owner of the requirements under

subsection B of this section.

B. 1. If the shared vehicle owner has received an actual

notice of a safety recall on the vehicle, a shared vehicle owner may

not make a vehicle available as a shared vehicle on a peer-to-peer

car sharing program until the safety recall repair has been made.

2. If a shared vehicle owner receives an actual notice of a

safety recall on a shared vehicle while the shared vehicle is made

available on the peer-to-peer car sharing program, the shared

vehicle owner shall remove the shared vehicle as available on the

peer-to-peer car sharing program, as soon as practicably possible

after receiving the notice of the safety recall and until the safety

recall repair has been made.

3. If a shared vehicle owner receives an actual notice of a

safety recall while the shared vehicle is being used in the

possession of a shared vehicle driver, as soon as practicably

possible after receiving the notice of the safety recall, the shared

vehicle owner shall notify the peer-to-peer car sharing program

about the safety recall so that the shared vehicle owner may address

the safety recall repair.
Okla. Stat. tit. 47, § 47-596.15 — OK Code / Title 47 / Section 47-596.15
Cause of action - Damages - Mediation
Status: in_force

A. A dealer, manufacturer, or warrantor injured by another

party who has violated a provision of the Recreational Vehicle

Oklahoma Statutes - Title 47. Motor Vehicles Page 946

Franchise Act may bring a civil action in court for the recovery of

actual damages. The court shall award attorney fees and costs to

the prevailing party in a civil action under this section.

B. Venue for a civil action filed pursuant to this section

shall be the county in which the business of the dealer is located.

In an action involving more than one dealer, any county in which the

business of any dealer that is party to the action is located is a

proper venue for that action.

C. Before bringing a civil action under this section, the party

bringing suit for an alleged violation of the Recreational Vehicle

Franchise Act shall serve a written demand for mediation on the

offending party. The demand for mediation shall include a brief

statement of the dispute and the relief sought by the party making

the demand. The party making the demand for mediation shall serve

the demand by certified mail to one of the following addresses:

1. In an action between a dealer and a manufacturer, the

address stated in the dealer agreement between the parties;

2. In an action between a dealer and a warrantor that is not a

manufacturer, the address stated in any agreement between the

parties; or

3. In an action between two dealers, the address of the

offending dealer in the records of the Oklahoma New Motor Vehicle

Commission.

D. Within twenty (20) days after a demand for mediation is

served under subsection C of this section, the parties shall

mutually select an independent mediator who is approved by the

Oklahoma New Motor Vehicle Commission, and meet with that mediator

for the purpose of attempting to resolve the dispute at a location

in this state selected by the mediator. The mediator may extend the

date of the meeting for good cause shown by either party or if the

parties agree to the extension.

E. The service of a demand for mediation under subsection C of

this section tolls the time for the filing of any complaint,

petition, protest, or other action under the Recreational Vehicle

Franchise Act until representatives of both parties have met with

the mediator selected pursuant to subsection D of this section for

the purpose of attempting to resolve the dispute. If a complaint,

petition, protest, or other action is filed before that meeting, the

court shall enter an order suspending the proceeding or action until

the mediation meeting has occurred and may, if all of the parties to

the proceeding or action stipulate in writing that they wish to

continue to mediate under this section, enter an order suspending

the proceeding or action for as long a period as the court considers

appropriate. The court may modify, extend, or revoke a suspension

order issued under this subsection if it considers that action

appropriate.

Oklahoma Statutes - Title 47. Motor Vehicles Page 947

F. Each of the parties to the mediation under this section is

responsible for its own attorney fees. The parties shall equally

divide the cost of the mediator.
Okla. Stat. tit. 47, § 47-230.32 — OK Code / Title 47 / Section 47-230.32
Rules and regulations
Status: in_force

The Commission shall have the power and authority by general

order or otherwise to promulgate rules and regulations for the

administration and enforcement of the provisions of the Motor

Carrier Act of 1995.
Okla. Stat. tit. 47, § 47-7-309 — OK Code / Title 47 / Section 47-7-309
Further action with respect to nonresidents
Status: in_force

If the defendant named in any certified copy of a judgment

reported to Service Oklahoma, as prescribed in Section 7-308 of this

title, is a nonresident, then Service Oklahoma shall transmit a

certified copy of the judgment to the official in charge of the

issuance of driver licenses of the state of which the defendant is a

resident.
Okla. Stat. tit. 47, § 47-1116 — OK Code / Title 47 / Section 47-1116
See the following versions:
Status: in_force

OS 47-1116v1 (HB 2375, Laws 2021, c. 188, § 1).

OS 47-1116v2 (SB 313, Laws 2021, c. 276, § 1).

OS 47-1116v3 (HB 3419, Laws 2022, c. 282, § 134).
Okla. Stat. tit. 47, § 47-2-108.1 — OK Code / Title 47 / Section 47-2-108.1
Interlocal agreements
Status: in_force

The Commissioner of Public Safety may enter into interlocal

agreements with any other government agency or any state educational

institution that is a member of The Oklahoma State System of Higher

Education, as prescribed in Section 3201 of Title 70 of the Oklahoma

Statutes, for the use of space for the purpose of providing

governmental services as required by law of the Department of Public

Safety, or with a state beneficiary public trust regarding policing

and setting speed limits on roads located on lands owned by the

trust. Such agreements shall be exempt from the Oklahoma Central

Purchasing Act and Sections 63 and 94 of Title 74 of the Oklahoma

Statutes and subsection C of Section 327 of Title 61 of the Oklahoma

Statutes.
Okla. Stat. tit. 47, § 47-11-1115 — OK Code / Title 47 / Section 47-11-1115
Railroad-highway grade crossings – Class A, B or C
Status: in_force

commercial vehicles – When crossing prohibited.

At a railroad-highway grade crossing, a person operating a Class

A, B or C commercial motor vehicle shall not negotiate the crossing

if there is:

1. Insufficient space to drive completely through the crossing

without stopping; or

2. Insufficient clearance for the undercarriage of the vehicle.
Okla. Stat. tit. 47, § 47-11-1112 — OK Code / Title 47 / Section 47-11-1112
Child passenger restraint system required for certain
Status: in_force

vehicles - Exemptions.

A. Every driver, when transporting a child under eight (8)

years of age in a motor vehicle operated on the roadways, streets,

or highways of this state, shall provide for the protection of said

child by properly using a child passenger restraint system as

follows:

1. A child under four (4) years of age shall be properly

secured in a child passenger restraint system. Except as provided

in subsection G of this section, the child passenger restraint

system shall be rear-facing until the child reaches two (2) years of

age or until the child reaches the weight or height limit of the

rear-facing child passenger restraint system as allowed by the

manufacturer of the child passenger restraint system, whichever

occurs first; and

2. A child at least four (4) years of age but younger than

eight (8) years of age, if not taller than 4 feet 9 inches in

height, shall be properly secured in either a child passenger

restraint system or child booster seat.

For purposes of this section and Section 11-1113 of this title,

"child passenger restraint system" means an infant or child

passenger restraint system which meets the federal standards as set

by 49 C.F.R., Section 571.213.

B. If a child is eight (8) years of age or is taller than 4

feet 9 inches in height, a seat belt properly secured to the vehicle

shall be sufficient to meet the requirements of this section.

C. The provisions of this section shall not apply to:

1. The driver of a school bus, taxicab, moped, motorcycle, or

other motor vehicle not required to be equipped with safety belts

pursuant to state or federal laws;

2. The driver of an ambulance or emergency vehicle;

Oklahoma Statutes - Title 47. Motor Vehicles Page 569

3. The driver of a vehicle in which all of the seat belts are

in use;

4. The transportation of children who for medical reasons are

unable to be placed in such devices, provided there is written

documentation from a physician of such medical reason; or

5. The transportation of a child who weighs more than forty

(40) pounds and who is being transported in the back seat of a

vehicle while wearing only a lap safety belt when the back seat of

the vehicle is not equipped with combination lap and shoulder safety

belts, or when the combination lap and shoulder safety belts in the

back seat are being used by other children who weigh more than forty

(40) pounds. Provided, however, for purposes of this paragraph,

back seat shall include all seats located behind the front seat of a

vehicle operated by a licensed child care facility or church.

Provided further, there shall be a rebuttable presumption that a

child has met the weight requirements of this paragraph if at the

request of any law enforcement officer, the licensed child care

facility or church provides the officer with a written statement

verified by the parent or legal guardian that the child weighs more

than forty (40) pounds.

D. A violation of the provisions of this section shall be

admissible as evidence in any civil action or proceeding for damages

unless the plaintiff in such action or proceeding is a child under

sixteen (16) years of age.

In any action brought by or on behalf of an infant for personal

injuries or wrongful death sustained in a motor vehicle collision,

the failure of any person to have the infant properly restrained in

accordance with the provisions of this section shall not be used in

aggravation or mitigation of damages.

E. A person who is certified as a Child Passenger Safety

Technician and who in good faith provides inspection, adjustment, or

educational services regarding child passenger restraint systems

shall not be liable for civil damages resulting from any act or

omission in providing such services, other than acts or omissions

constituting gross negligence or willful or wanton misconduct.

F. Any person convicted of violating subsection A of this

section shall be punished by a fine of Fifty Dollars ($50.00) and

shall pay all court costs thereof. Revenue from such fine shall be

apportioned to the Department of Public Safety Restricted Revolving

Fund and used by the Oklahoma Highway Safety Office to promote the

use of child passenger restraint systems as provided in Section 11-

1113 of this title. This fine shall be suspended and the court

costs limited to a maximum of Fifteen Dollars ($15.00) in the case

of the first offense upon proof of purchase or acquisition by loan

of a child passenger restraint system. Provided, the Department of

Public Safety shall not assess points to the driving record of any

person convicted of a violation of this section.

Oklahoma Statutes - Title 47. Motor Vehicles Page 570

G. A driver of a vehicle who has been rightfully issued a

detachable placard indicating physical disability under the

provisions of Section 15-112 of this title or a physically disabled

license plate under the provisions of Section 1135.1 or 1135.2 of

this title and valid letter of forward-facing exemption issued from

the Department of Public Safety shall be permitted to transport a

child passenger under four (4) years of age in a forward-facing

child passenger restraint system. The placard and forward-facing

exemption letter must be present in the vehicle to be in compliance.
Okla. Stat. tit. 47, § 47-1151 — OK Code / Title 47 / Section 47-1151
Offenses and penalties enumerated
Status: in_force

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 any 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, except as

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 assigned 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

Oklahoma Statutes - Title 47. Motor Vehicles Page 1435

concurrence of the Department of Public Safety. 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 displayed 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

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 registered on the basis of laden

weight to fail or refuse to weigh or reweigh it when requested to do

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 other than the original number placed

thereon by the factory except a number duly assigned and authorized

by the state;

Oklahoma Statutes - Title 47. Motor Vehicles Page 1436

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 affidavit with the

appropriate licensed operator in accordance with Section 7-607 of

this title.

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 fine 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 permit 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;

2. Alter or in any manner change a certificate of title 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 receipts 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 excise

taxes have not been paid as required by law; or

Oklahoma Statutes - Title 47. Motor Vehicles Page 1437

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) days

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 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 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 thirty (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

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:

Oklahoma Statutes - Title 47. Motor Vehicles Page 1438

1. Vehicles known and commonly referred to as “minibikes” and

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, except 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

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 deemed 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 Dollars ($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 less 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 Plan that

relates to the promulgation of rules and regulations shall not be

subject to the provisions of this section.
Okla. Stat. tit. 47, § 47-578.1 — OK Code / Title 47 / Section 47-578.1
Procedures for establishing or relocating new motor
Status: in_force

vehicle or new powersports vehicle dealers within certain areas.

A. Notwithstanding the terms of a franchise and notwithstanding

the terms of a waiver, if a factory intends or proposes to enter

into a franchise to establish an additional new motor vehicle or

powersports vehicle dealer or to relocate an existing new motor

vehicle or powersports vehicle dealer within or into a relevant

market area in which the same line-make of motor vehicle is

currently represented, the factory shall provide at least sixty (60)

days advance written notice to the Commission and to each new motor

vehicle or powersports vehicle dealer of the same line-make in the

relevant market area, of the intention of the factory to establish

an additional dealer or to relocate an existing dealer within or

into the relevant market area. For purposes of this section, any

mileage distance shall be measured on a straight line from the

nearest property boundary points for the dealership properties at

issue. Further, for purposes of this section, the “relevant market

area” means the area within a radius of fifteen (15) miles around

the site of the proposed new motor vehicle or powersports vehicle

dealership measured from the property boundary of primary dealership

property. The notice shall be sent by certified mail to each party

and shall include the following information:

Oklahoma Statutes - Title 47. Motor Vehicles Page 883

1. The specific location at which the additional or relocated

dealer will be established;

2. The date on or after which the additional or relocated

dealer intends to commence business at the proposed location;

3. The identity of all dealers who are franchised to sell the

same line-make vehicles as the proposed dealer and who have licensed

locations within the relevant market area;

4. The names and addresses of the person intended to be

franchised as the proposed additional or relocated dealership, the

principal investors in the proposed additional or relocated

dealership, and the proposed dealer operator of the proposed

additional or relocated dealership; and

5. The specific grounds or reasons for the proposed

establishment of an additional dealer or relocation of an existing

dealer.

B. The notification requirements prescribed in subsection A of

this section shall not apply if:

1. The relocation of an existing dealer is within the relevant

market area of that dealer; provided, that the relocation not be at

a site within ten (10) miles of a licensed dealer for the same line-

make of vehicle;

2. A proposed additional dealer which is to be established at

or within two (2) miles of a location at which a former licensed

dealer for the same line-make of vehicle had ceased operating within

the previous two (2) years;

3. The relocation of an existing dealer is within two (2) miles

of the existing site of the dealership; or

4. The proposed site for the relocation of an existing dealer

is farther away from all other dealers of the same line-make in that

relevant market area.

C. Within thirty (30) days after receipt of the notice, or

within thirty (30) days after the end of an appeal procedure

provided by the factory, whichever is greater, a new motor vehicle

dealer or new powersports vehicle dealer so notified or entitled to

notice may file a petition with the Commission protesting the

proposed establishment or relocation. The petition shall contain a

short statement setting forth the reasons for the objection of the

new motor vehicle dealer to the proposed establishment or

relocation. Upon filing of a protest, the Commission shall promptly

notify the factory that a timely protest has been filed and shall

schedule a hearing, which shall be held within one hundred twenty

(120) days of the filing of a timely protest. The factory shall not

establish or relocate the dealer until the Commission has held a

hearing and has determined that there is good cause for permitting

the proposed establishment or relocation. When more than one

protest is filed against the establishment or relocation of the same

Oklahoma Statutes - Title 47. Motor Vehicles Page 884

dealer, the Commission shall consolidate the hearings to expedite

disposition of the matter.

D. The burden of proof to establish that good cause exists for

permitting the proposed establishment of a new motor vehicle or new

powersports vehicle dealer or relocating an existing dealership

shall be on the applicant who seeks to establish a dealership or the

relocation of an existing dealership.
Okla. Stat. tit. 47, § 47-169.7 — OK Code / Title 47 / Section 47-169.7
Statements of liability or indemnity agreements not
Status: in_force

required - Exceptions.

A motor carrier shall not be required to sign any statement of

liability or enter into any contract for the indemnification of any

person for any acts or omissions not arising from damage or loss

from a wrongful or negligent act or omission from the motor carrier.

The provisions of this section shall not apply to railroad

intermodal or transload facilities or to contracts with railroads or

ocean carriers.
Okla. Stat. tit. 47, § 47-11-902v3 — OK Code / Title 47 / Section 47-11-902v3
Persons under the influence of alcohol or other
Status: in_force

intoxicating substance or combination thereof — Penalty —

Enhancement.

A. It is unlawful and punishable as provided for in this

section for any person to drive, operate, or be in actual physical

control of a motor vehicle within this state, whether upon public

roads, highways, streets, turnpikes, other public places or upon any

private road, street, alley, or lane which provides access to one or

more single or multi-family dwellings, who:

1. Has a blood or breath alcohol concentration, as defined in

Section 756 of this title, of eight-hundredths (0.08) or more at the

time of a test of such person’s blood or breath;

2. Is under the influence of alcohol;

3. Has any amount of a Schedule I chemical or controlled

substance, as defined in Section 2-204 of Title 63 of the Oklahoma

Statutes, or one of its metabolites or analogs in the person’s

blood, saliva, urine, or any other bodily fluid at the time of a

Oklahoma Statutes - Title 47. Motor Vehicles Page 535

test of such person’s blood, saliva, urine, or any other bodily

fluid;

4. Is under the influence of any intoxicating substance other

than alcohol which may render such person incapable of safely

driving or operating a motor vehicle; or

5. Is under the combined influence of alcohol and any other

intoxicating substance which may render such person incapable of

safely driving or operating a motor vehicle.

B. The fact that any person charged with a violation of this

section is or has been lawfully entitled to use alcohol or a

controlled dangerous substance or any other intoxicating substance

shall not constitute a defense against any charge of violating this

section.

C. 1. Any person who is convicted of a violation of the

provisions of this section shall be guilty of a misdemeanor for the

first offense and shall:

a. participate in an assessment and evaluation pursuant

to subsection H of this section and shall follow all

recommendations made in the assessment and evaluation,

b. be punished by imprisonment in jail for not less than

ten (10) days nor more than one (1) year, and

c. be fined not more than One Thousand Dollars

($1,000.00).

2. Any person who, having been convicted of or having received

deferred judgment for a violation of this section or a violation

pursuant to the provisions of any law of this state or another state

prohibiting the offenses provided in this section, Section 11-904 of

this title, or paragraph 4 of subsection A of Section 852.1 of Title

21 of the Oklahoma Statutes, or having a prior conviction in a

municipal criminal court of record for the violation of a municipal

ordinance prohibiting the offense provided for in this section,

commits a subsequent violation of this section within ten (10) years

of the date following the completion of the execution of such

sentence or deferred judgment shall, upon conviction, be guilty of a

felony and shall participate in an assessment and evaluation

pursuant to subsection H of this section and shall be sentenced to:

a. follow all recommendations made in the assessment and

evaluation for treatment at the defendant’s expense,

b. use of an ignition interlock device, as provided by

subparagraph n of paragraph 1 of subsection A of

Section 991a of Title 22 of the Oklahoma Statutes,

c. imprisonment in the custody of the Department of

Corrections for not less than one (1) year and not

more than five (5) years, and

d. a fine not more than Two Thousand Five Hundred Dollars

($2,500.00).

Oklahoma Statutes - Title 47. Motor Vehicles Page 536

However, if the treatment in subsection H of this section does

not include residential or inpatient treatment for a period of not

less than five (5) days, the person shall serve a term of

imprisonment of at least five (5) days.

3. Any person who commits a violation of this section after

having been convicted of a felony offense pursuant to the provisions

of this section or a violation pursuant to the provisions of any law

of this state or another state prohibiting the offenses provided for

in this section, Section 11-904 of this title, or paragraph 4 of

subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes

shall be guilty of a felony and participate in an assessment and

evaluation pursuant to subsection H of this section and shall be

sentenced to:

a. follow all recommendations made in the assessment and

evaluation for treatment at the defendant’s expense,

b. two hundred forty (240) hours of community service,

c. use of an ignition interlock device, as provided by

subparagraph n of paragraph 1 of subsection A of

Section 991a of Title 22 of the Oklahoma Statutes,

d. imprisonment in the custody of the Department of

Corrections for not less than one (1) year and not

more than ten (10) years, and

e. a fine not more than Five Thousand Dollars

($5,000.00).

However, if the treatment in subsection H of this section does

not include residential or inpatient treatment for a period of not

less than ten (10) days, the person shall serve a term of

imprisonment of at least ten (10) days.

4. Any person who commits a violation of this section after

having been twice convicted of a felony offense pursuant to the

provisions of this section or a violation pursuant to the provisions

of any law of this state or another state prohibiting the offenses

provided for in this section, Section 11-904 of this title, or

paragraph 4 of subsection A of Section 852.1 of Title 21 of the

Oklahoma Statutes shall be guilty of a felony and participate in an

assessment and evaluation pursuant to subsection H of this section

and shall be sentenced to:

a. follow all recommendations made in the assessment and

evaluation for treatment at the defendant’s expense,

followed by not less than one (1) year of supervision

and periodic testing, as provided in subparagraph q of

paragraph 1 of subsection A of Section 991a of Title

22 of the Oklahoma Statutes, at the defendant’s

expense,

b. four hundred eighty (480) hours of community service,

c. use of an ignition interlock device, as provided by

subparagraph n of paragraph 1 of subsection A of

Oklahoma Statutes - Title 47. Motor Vehicles Page 537

Section 991a of Title 22 of the Oklahoma Statutes, for

a minimum of ninety (90) days,

d. imprisonment in the custody of the Department of

Corrections for not less than one (1) year and not

more than twenty (20) years, and

e. a fine not more than Five Thousand Dollars

($5,000.00).

However, if the person does not undergo residential or inpatient

treatment pursuant to subsection H of this section, the person shall

serve a term of imprisonment of at least ten (10) days.

5. Any person who, after a previous conviction of a violation

of murder in the second degree or manslaughter in the first degree

in which the death was caused as a result of driving under the

influence of alcohol or other intoxicating substance, is convicted

of a violation of this section shall be guilty of a felony and shall

be punished by imprisonment in the custody of the Department of

Corrections for not less than five (5) years and not to exceed

twenty (20) years, and a fine not more than Ten Thousand Dollars

($10,000.00).

6. Provided, however, a conviction from another state shall not

be used to enhance punishment pursuant to the provisions of this

subsection if that conviction is based on a blood or breath alcohol

concentration of less than eight-hundredths (0.08).

7. In any case in which a defendant is charged with driving

under the influence of alcohol or other intoxicating substance

offense within any municipality with a municipal court other than a

court of record, the charge shall be presented to the county’s

district attorney and filed with the district court of the county

within which the municipality is located.

D. Any person who is convicted of a violation of driving under

the influence while also committing one of more of the following

acts:

1. Driving, operating, or being in actual physical control of a

motor vehicle while having a blood or breath alcohol concentration

of fifteen-hundredths (0.15) or more at the time of a test of such

person’s blood or breath;

2. Causing a motor vehicle incident involving one or more

vehicles that results in a report pursuant to Section 40-102 of this

title;

3. Driving in a manner that violates the provisions of Section

11-301, 11-302, 11-306, 11-309, or 11-311 of this title;

4. Driving while eluding peace officers pursuant to Section

540a of Title 21 of the Oklahoma Statutes;

5. Driving with a speed in excess of twenty (20) miles per hour

over the speed limit or ten (10) miles per hour over the speed limit

within an active school zone;

Oklahoma Statutes - Title 47. Motor Vehicles Page 538

6. Operating a motor vehicle with a passenger younger than

eighteen (18) years of age; or

7. Reckless driving as defined in Section 11-901 of this title,

shall, upon conviction, be guilty of aggravated driving under the

influence, which shall be a felony offense.

E. A person convicted of aggravated driving under the influence

shall participate in an assessment and evaluation pursuant to

subsection H of this section and shall comply with all

recommendations for treatment. Such person shall be sentenced as

provided in paragraph 1, 2, 3, 4, or 5 of subsection C of this

section and to:

1. Imprisonment as provided in paragraph 1, 2, 3, 4, or 5 of

subsection C of this section, provided that:

a. for a first offense of a violation pursuant to this

section, the first ten (10) days of the sentence shall

not be subject to probation, suspension, or deferral

and may be served by night or weekend incarceration

pursuant to Section 991a of Title 22 of the Oklahoma

Statutes,

b. for a second offense of a violation pursuant to this

section, the first thirty (30) days of the sentence

shall not be subject to probation, suspension, or

deferral; provided further, this mandatory minimum

period of confinement shall be served in the county

jail as a condition of a suspended or deferred

sentence, pursuant to Section 991a of Title 22 of the

Oklahoma Statutes, and

c. the portion of the sentence not subject to probation,

suspension, or deferral shall increase by thirty (30)

days for each subsequent conviction after the second

offense;

2. A fine pursuant to paragraph 1, 2, 3, 4, or 5 of subsection

C of this section;

3. Not less than one (1) year of supervision and periodic

testing, as provided in subparagraph q of paragraph 1 of subsection

A of Section 991a of Title 22 of the Oklahoma Statutes, at the

defendant’s expense; and

4. An ignition interlock device or devices, as provided by

subparagraph n of paragraph 1 of subsection A of Section 991a of

Title 22 of the Oklahoma Statutes, for a minimum of one hundred

eighty (180) days.

F. When a person is sentenced to imprisonment in the custody of

the Department of Corrections, the person shall be processed through

the Lexington Assessment and Reception Center or at a place

determined by the Director of the Department of Corrections. The

Department of Corrections shall classify and assign the person to

one or more of the following:

Oklahoma Statutes - Title 47. Motor Vehicles Page 539

1. The Department of Mental Health and Substance Abuse Services

pursuant to paragraph 1 of subsection A of Section 612 of Title 57

of the Oklahoma Statutes; or

2. A correctional facility operated by the Department of

Corrections with assignment to substance abuse treatment.

Successful completion of a Department-of-Corrections-approved

substance abuse treatment program shall satisfy the recommendation

for a ten-hour or twenty-four-hour alcohol and drug substance abuse

course or treatment program or both. Successful completion of an

approved Department of Corrections substance abuse treatment program

may precede or follow the required assessment.

G. Service Oklahoma is hereby authorized to reinstate any

suspended or revoked driving privilege when the person meets the

statutory requirements which affect the existing driving privilege.

H. Any person who is found guilty of a violation of the

provisions of this section shall be ordered to participate in an

alcohol and drug substance abuse evaluation and assessment program

offered by a certified assessment agency or certified assessor for

the purpose of evaluating and assessing the receptivity to treatment

and prognosis of the person and shall follow all recommendations

made in the assessment and evaluation for treatment. The court

shall order the person to reimburse the agency or assessor for the

evaluation and assessment. Payment shall be remitted by the

defendant or on behalf of the defendant by any third party, provided

no state-appropriated funds are utilized. The fee for an evaluation

and assessment shall be the amount provided in subsection C of

Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation

and assessment shall be conducted at a certified assessment agency,

the office of a certified assessor, or at another location as

ordered by the court. The agency or assessor shall, within seventy-

two (72) hours from the time the person is evaluated and assessed,

submit a written report to the court for the purpose of assisting

the court in its sentencing determination. The court shall, as a

condition of any sentence imposed, including deferred and suspended

sentences, require the person to participate in and successfully

complete all recommendations from the evaluation, such as an alcohol

and substance abuse treatment program pursuant to Section 3-452 of

Title 43A of the Oklahoma Statutes. If such report indicates that

the evaluation and assessment shows that the defendant would benefit

from a ten-hour or twenty-four-hour alcohol and drug substance abuse

course or a treatment program or both, the court shall, as a

condition of any sentence imposed, including deferred and suspended

sentences, require the person to follow all recommendations

identified by the evaluation and assessment and ordered by the

court. No person, agency, or facility operating an evaluation and

assessment program certified by the Department of Mental Health and

Substance Abuse Services shall solicit or refer any person evaluated

Oklahoma Statutes - Title 47. Motor Vehicles Page 540

and assessed pursuant to this section for any treatment program or

substance abuse service in which such person, agency, or facility

has a vested interest; however, this provision shall not be

construed to prohibit the court from ordering participation in or

any person from voluntarily utilizing a treatment program or

substance abuse service offered by such person, agency, or facility.

If a person is sentenced to imprisonment in the custody of the

Department of Corrections and the court has received a written

evaluation report pursuant to the provisions of this subsection, the

report shall be furnished to the Department of Corrections with the

judgment and sentence. Any evaluation and assessment report

submitted to the court pursuant to the provisions of this subsection

shall be handled in a manner which will keep such report

confidential from the general public’s review. Nothing contained in

this subsection shall be construed to prohibit the court from

ordering judgment and sentence in the event the defendant fails or

refuses to comply with an order of the court to obtain the

evaluation and assessment required by this subsection. If the

defendant fails or refuses to comply with an order of the court to

obtain the evaluation and assessment, Service Oklahoma shall not

reinstate driving privileges until the defendant has complied in

full with such order. Nothing contained in this subsection shall be

construed to prohibit the court from ordering judgment and sentence

and any other sanction authorized by law for failure or refusal to

comply with an order of the court.

I. Any person who is found guilty of a violation of the

provisions of this section shall be required by the court to attend

a victims impact panel program, as defined in subsection H of

Section 991a of Title 22 of the Oklahoma Statutes, if such a program

is offered in the county where the judgment is rendered, and to pay

a fee of Seventy-five Dollars ($75.00), as set by the governing

authority of the program and approved by the court, to the program

to offset the cost of participation by the defendant, if in the

opinion of the court the defendant has the ability to pay such fee.

J. Any person who is found guilty of a felony violation of the

provisions of this section shall be required to submit to electronic

monitoring as authorized and defined by Section 991a of Title 22 of

the Oklahoma Statutes.

K. Any person who is found guilty of a violation of the

provisions of this section who has been sentenced by the court to

perform any type of community service shall not be permitted to pay

a fine in lieu of performing the community service.

L. When a person is found guilty of a violation of the

provisions of this section, the court shall order, in addition to

any other penalty, the defendant to pay an assessment of One Hundred

Dollars ($100.00) to be deposited in the Drug Abuse Education and

Oklahoma Statutes - Title 47. Motor Vehicles Page 541

Treatment Revolving Fund created in Section 2-503.2 of Title 63 of

the Oklahoma Statutes, upon collection.

M. 1. When a person is eighteen (18) years of age or older,

and is the driver, operator, or person in physical control of a

vehicle, and is convicted of violating any provision of this section

while transporting or having in the motor vehicle any child less

than eighteen (18) years of age, the fine shall be enhanced to

double the amount of the fine imposed for the underlying driving

under the influence (DUI) violation which shall be in addition to

any other penalties allowed by this section.

2. Nothing in this subsection shall prohibit the prosecution of

a person pursuant to Section 852.1 of Title 21 of the Oklahoma

Statutes who is in violation of any provision of this section or

Section 11-904 of this title.

N. Any plea of guilty, nolo contendere, or finding of guilt for

a violation of this section or a violation pursuant to the

provisions of any law of this state or another state prohibiting the

offenses provided for in this section, Section 11-904 of this title,

or paragraph 4 of subsection A of Section 852.1 of Title 21 of the

Oklahoma Statutes shall constitute a conviction of the offense for

the purpose of this section; provided, any deferred judgment shall

only be considered to constitute a conviction for a period of ten

(10) years following the completion of any court-imposed

probationary term.

O. If qualified by knowledge, skill, experience, training, or

education, a witness shall be allowed to testify in the form of an

opinion or otherwise solely on the issue of impairment, but not on

the issue of specific alcohol concentration level, relating to the

following:

1. The results of any standardized field sobriety test

including, but not limited to, the horizontal gaze nystagmus (HGN)

test administered by a person who has completed training in

standardized field sobriety testing; or

2. Whether a person was under the influence of one or more

impairing substances and the category of such impairing substance or

substances. A witness who has received training and holds a current

certification as a drug recognition expert shall be qualified to

give the testimony in any case in which such testimony may be

relevant.
Okla. Stat. tit. 47, § 47-6-105v1 — OK Code / Title 47 / Section 47-6-105v1
Graduated Class D licenses — Motorcycle-only licenses
Status: in_force

— Farm vehicle special permits.

A. Unless a legal custodial parent or legal guardian has filed

an objection to licensure pursuant to Section 6-103.1 of this title,

any person under eighteen (18) years of age may be permitted to

operate:

1. A Class D motor vehicle under the graduated driver license

provisions prescribed in subsections B through E of this section;

2. A motorcycle under the provisions prescribed in subsection H

of this section; or

3. A farm vehicle under the provisions prescribed in subsection

I of this section.

B. Any person who is at least thirteen and one-half (13 1/2)

years of age who will qualify for the permit to operate farm

vehicles as provided for in subsection I of this section or fifteen

(15) years of age may drive during a session in which the driver is

being instructed in a driver education course, as set out in

subparagraphs a, b, c, d and e of paragraph 1 of subsection C of

this section, by a certified driver education instructor who is

seated in the right front seat of the motor vehicle.

C. Any person:

1. Who is at least fifteen and one-half (15 1/2) years of age

and is currently receiving instruction in or has successfully

completed driver education. For purposes of this section, the term

“driver education” shall mean:

a. a prescribed secondary school driver education course,

as provided for in Sections 19-113 through 19-123 of

Title 70 of the Oklahoma Statutes,

b. a driver education course, certified by Service

Oklahoma, from a parochial, private, or other

nonpublic secondary school,

Oklahoma Statutes - Title 47. Motor Vehicles Page 286

c. a commercial driver training course, as defined by

Sections 801 through 808 of this title,

d. a parent-taught driver education course, certified by

Service Oklahoma. Service Oklahoma shall promulgate

rules for any parent-taught driver education course,

or

e. a driver education course certified by a state other

than Oklahoma; or

2. Who is at least sixteen (16) years of age,

may, upon successfully passing all parts of the driver license

examination administered by Service Oklahoma, or an approved written

examination proctor, except the driving examination, be issued a

learner permit which will grant the permittee the privilege to

operate a Class D motor vehicle upon the public highways only

between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied

by a licensed driver who is at least twenty-one (21) years of age

and who is actually occupying a seat beside the permittee; provided,

the written examination for a learner permit may be waived by

Service Oklahoma upon verification that the person has successfully

completed driver education.

D. 1. Any person:

a. who has applied for, been issued, and has possessed a

learner permit for a minimum of six (6) months,

b. whose custodial legal parent or legal guardian

certifies to Service Oklahoma by sworn affidavit that

the person has received a minimum of fifty (50) hours

of actual behind-the-wheel training, of which at least

ten (10) hours of such training were at night, from a

licensed driver who was at least twenty-one (21) years

of age and who was properly licensed to operate a

Class D motor vehicle for a minimum of two (2) years,

and

c. who has completed a free course approved by the

Department of Transportation on teen driver work zone

and first responder safety,

may be issued an intermediate Class D license upon successfully

passing all parts of the driver license examinations administered by

Service Oklahoma; provided, the written examination, if it has not

previously been administered or waived, may be waived by Service

Oklahoma upon verification that the person has successfully

completed driver education or the driving examination may be waived

by Service Oklahoma upon successful passage of the examination

administered by a certified designated examiner, as provided for in

Section 6-110 of this title. However, notwithstanding the date of

issuance of the learner permit, if the person has been convicted of

a traffic offense which is reported on the driving record of that

person, the time period specified in subparagraph a of this

Oklahoma Statutes - Title 47. Motor Vehicles Page 287

paragraph shall be recalculated to begin from the date of conviction

for the traffic offense, and must elapse before that person may be

issued an intermediate Class D license. If the person has been

convicted of more than one traffic offense which is reported on the

driving record of that person, the time period specified in

subparagraph a of this paragraph shall be recalculated to begin from

the most recent date of conviction, and must elapse before that

person may be issued an intermediate Class D license.

2. A person who has been issued an intermediate Class D license

under the provisions of this subsection:

a. shall be granted the privilege to operate a Class D

motor vehicle upon the public highways:

(1) only between the hours of 5:00 a.m. and 10:00

p.m., except for driving to and from work,

school, school activities, and church activities,

or

(2) at any time, if a licensed driver who is at least

twenty-one (21) years of age is actually

occupying a seat beside the intermediate Class D

licensee, or if the intermediate Class D licensee

is a farm or ranch resident, and is operating a

motor vehicle while engaged in farming or

ranching operations outside the limits of a

municipality, or driving to and from work,

school, school activities, or church activities,

and

b. shall not operate a motor vehicle with more than one

passenger unless:

(1) all passengers live in the same household as the

custodial legal parent or legal guardian, or

(2) a licensed driver at least twenty-one (21) years

of age is actually occupying a seat beside the

intermediate Class D licensee.

E. Any person who has been issued an intermediate Class D

license for a minimum of:

1. One (1) year; or

2. Six (6) months, if the person has completed both the driver

education and the parent-certified behind-the-wheel training

provisions of subparagraph b of paragraph 1 of subsection D of this

section,

may be issued a Class D license. However, notwithstanding the date

of issuance of the Class D license, if the person has been convicted

of a traffic offense which is reported on the driving record of that

person, the time periods specified in paragraph 1 or 2 of this

subsection, as applicable, shall be recalculated to begin from the

date of conviction for the traffic offense, and must elapse before

that person may be issued a Class D license. If the person has been

Oklahoma Statutes - Title 47. Motor Vehicles Page 288

convicted of more than one traffic offense which is reported on the

driving record of that person, the time periods specified in

paragraph 1 or 2 of this subsection, as applicable, shall be

recalculated to begin from the most recent date of conviction, and

must elapse before that person may be issued a Class D license.

F. Learner permits and intermediate Class D licenses shall be

issued for the same period as all other driver licenses. The

licenses may be suspended or canceled at the discretion of Service

Oklahoma for violation of restrictions, for failing to give the

required or correct information on the application, for knowingly

giving false or inaccurate information on the application or any

subsequent documentation related to the granting of driving

privileges, for using a hand-held electronic device while operating

a motor vehicle for non-life-threatening emergency purposes or for

violation of any traffic laws of this state pertaining to the

operation of a motor vehicle.

G. Service Oklahoma shall promulgate rules establishing

procedures for removal of learner permit and intermediate Class D

license restrictions from the permit or license upon the permittee

or licensee qualifying for a less restricted or an unrestricted

license.

H. Any person fourteen (14) years of age or older may apply for

a restricted Class D license with a motorcycle-only restriction.

After the person has successfully passed all parts of the motorcycle

examination other than the driving examination, has successfully

completed a certified state-approved motorcycle basic rider course

approved by the Department of Public Safety, in conjunction with

Service Oklahoma, and has met all requirements provided for in the

rules of the Department and Service Oklahoma, Service Oklahoma shall

issue to the person a restricted Class D license with a motorcycle-

only restriction which shall grant to the person, while having the

license in the person’s immediate possession, the privilege to

operate a motorcycle or motor-driven cycle:

1. With a piston displacement not to exceed three hundred (300)

cubic centimeters;

2. Between the hours of 4:30 a.m. to 9:00 p.m. only;

3. While wearing approved protective headgear; and

4. While accompanied by and receiving instruction from any

person who is at least twenty-one (21) years of age and who is

properly licensed pursuant to the laws of this state to operate a

motorcycle or motor-driven cycle, and who has visual contact with

the restricted licensee.

The restricted licensee may apply on or after thirty (30) days

from date of issuance of the restricted Class D license with a

motorcycle-only restriction to have the restriction of being

accompanied by a licensed driver removed by successfully completing

the driving portion of an examination.

Oklahoma Statutes - Title 47. Motor Vehicles Page 289

The written examination and driving examination for a restricted

Class D license with a motorcycle-only endorsement shall be waived

by Service Oklahoma upon verification that the person has

successfully completed a certified state-approved motorcycle basic

rider course approved by the Department and Service Oklahoma.

I. Service Oklahoma may in its discretion issue a special

permit to any person who has attained the age of fourteen (14)

years, authorizing such person to operate farm vehicles between the

farm and the market to haul commodities grown on the farm; provided,

that the special permit shall be temporary and shall expire not more

than thirty (30) days after the issuance of the special permit.

Special permits shall be issued only to farm residents and shall be

issued only during the time of the harvest of the principal crops

grown on such farm. Provided, however, Service Oklahoma shall not

issue a special permit pursuant to this subsection until Service

Oklahoma is fully satisfied after the examination of the application

and other evidence furnished in support thereof, that the person is

physically and mentally developed to such a degree that the

operation of a motor vehicle by the person would not be inimical to

public safety.

J. As used in this section:

1. “Handheld electronic device” means a mobile telephone or

electronic device with which a user engages in a telephone call,

plays or stores media, including but not limited to music and video,

or sends or reads a text message while requiring the use of at least

one hand; and

2. “Using a handheld electronic device” means engaging any

function on an electronic device.

K. All driver education courses provided for in paragraph 1 of

subsection C of this section shall include education regarding the

dangers of texting while driving and the effects of being under the

influence of alcohol or other intoxicating substance while driving.
Okla. Stat. tit. 47, § 47-1-107 — OK Code / Title 47 / Section 47-1-107
Cancellation of driver license
Status: in_force

The annulment or termination by formal action of Service

Oklahoma of a person's driver license because of some error or

defect in the license or because the licensee is no longer entitled

to such license, but the cancellation of a license is without

prejudice and application for a new license may be made at any time

after such cancellation.
Okla. Stat. tit. 47, § 47-14-123 — OK Code / Title 47 / Section 47-14-123
Roads and highways - Size, weight, and speed
Status: in_force

regulations.

Oklahoma Statutes - Title 47. Motor Vehicles Page 688

Any motor vehicle of any size, except those motor vehicles

regulated pursuant to Section 14-101 et seq. of Title 47 of the

Oklahoma Statutes, meeting the legal requirements for safety

equipment and licensed to operate on public roadways in this state

shall be allowed to operate in accordance with all size, weight and

speed regulations on any road or highway in this state including the

National System for Interstate and Defense Highways.
Okla. Stat. tit. 47, § 47-7-318 — OK Code / Title 47 / Section 47-7-318
Action if breach of agreement
Status: in_force

In the event the judgment debtor fails to pay any installment as

specified by an order described in Section 7-317 of this title,

then, upon notice by the court of the default, Service Oklahoma

shall forthwith suspend the driving privilege of the person who is

Oklahoma Statutes - Title 47. Motor Vehicles Page 419

the judgment debtor until the judgment is satisfied, as provided in

this article.
Okla. Stat. tit. 47, § 47-11-105 — OK Code / Title 47 / Section 47-11-105
Persons working on highways - Exceptions
Status: in_force

Unless specifically made applicable, the provisions of this

chapter except those contained in Article IX hereof shall not apply

to persons, teams, motor vehicles and other equipment, while

actually engaged in work upon the surface of a highway, or to

persons, motor vehicles and other equipment while actually engaged

in construction, maintenance or repair of public utilities provided

that all highway and public utility operations shall be protected by

adequate warning signs, signals, devices or flagmen, but the

provisions of this chapter shall apply to such persons and vehicles

when traveling to or from such work.
Okla. Stat. tit. 47, § 47-12-703 — OK Code / Title 47 / Section 47-12-703
Rear lamp
Status: in_force

Every bicycle in use at the times described in subsection B of

Section 12-201 of this title shall be equipped with a lamp on the

rear emitting a red light visible from a distance of at least one

thousand (1,000) feet to the rear. This section shall not apply to

a street or highway with a speed limit of twenty-five (25) miles per

hour or less.
Okla. Stat. tit. 47, § 47-166a — OK Code / Title 47 / Section 47-166a
Definitions - Operation of equipment not owned by motor
Status: in_force

carrier - Leases - Application of provisions.

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 transportation

of household goods;

Oklahoma Statutes - Title 47. Motor Vehicles Page 737

3. "Owner" means a person to whom title to equipment has been

issued, or who, without title, has the right to exclusive use of

equipment for a period longer than thirty (30) days;

4. "Lease" means a contract or arrangement in which the owner

grants the use of equipment, with or without driver, for a specified

period to an authorized 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

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 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;

5. The amount to be paid by the authorized carrier for

equipment and driver's services shall be clearly stated on the face

Oklahoma Statutes - Title 47. Motor Vehicles Page 738

of the lease or in an addendum which is attached to the lease. The

amount to be paid may be expressed as a percentage of gross revenue,

a flat rate per mile, a variable rate depending on the direction

traveled or the type of commodity transported, or by any other

method of compensation mutually agreed upon by the parties to the

lease. The compensation stated on the lease or in the attached

addendum may apply to equipment and driver's services either

separately or as a combined amount;

6. The lease shall clearly specify the responsibility of each

party with respect to the cost of fuel, 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

behalf the base plate was first obtained a prorated share of the

amount received;

7. The lease shall specify that payment to the lessor shall be

made by the authorized carrier within fifteen (15) days after

submission of the necessary delivery documents and other paperwork

concerning a trip in the service of the authorized carrier. The

paperwork required before the lessor can receive payment is limited

to those documents necessary for the authorized carrier to secure

payment from the shipper. The authorized carrier may require the

submission of additional documents by the lessor but not as a

prerequisite to payment;

8. The lease shall clearly specify the right of those lessors

whose revenue is based on a percentage of the gross revenue for a

shipment to examine copies of the authorized carrier's freight bill

before or at the time of settlement. The lease shall clearly

specify the right of the lessor, regardless of method of

compensation, to examine copies of the carrier's tariff;

9. The lease shall clearly specify all items that may be

initially paid for by the authorized 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

Oklahoma Statutes - Title 47. Motor Vehicles Page 739

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

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. 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 household goods transportation by

motor carriers.
Okla. Stat. tit. 47, § 47-7-602.1 — OK Code / Title 47 / Section 47-7-602.1
Possession of security verification form while
Status: in_force

operating or using certain vehicles.

Every operator of a motor vehicle registered in this state

shall, while operating or using such vehicle, carry either an

operator's or an owner's security verification form issued by an

insurance carrier or an equivalent form issued by the Department of

Public Safety, reflecting liability coverage. An owner's security

verification form issued to the owner of a motor vehicle may be used

Oklahoma Statutes - Title 47. Motor Vehicles Page 438

as an operator's security verification form by an operator who is

not the owner of the motor vehicle, if the operator is not excluded

from coverage on the motor vehicle liability policy for the vehicle.

Any exclusions from the policy shall be included on the owner's

security verification form.
Okla. Stat. tit. 47, § 47-153.1 — OK Code / Title 47 / Section 47-153.1
Department of Mental Health and Substance Abuse Services
Status: in_force

- Unmarked automobiles.

The Commissioner of the Department of Mental Health and

Substance Abuse Services is hereby authorized to set aside

automobiles for the use of the Department without identifying marks.

These vehicles may be used to provide client services.
Okla. Stat. tit. 47, § 47-11-206 — OK Code / Title 47 / Section 47-11-206
Display of unauthorized signs, signals or markings
Status: in_force

(a) No person shall place, maintain or display upon or in view

of any highway any unauthorized sign, signal, marking or device

which purports to be or is an imitation of or resembles an official

Oklahoma Statutes - Title 47. Motor Vehicles Page 473

traffic-control device or railroad sign or signal, or which attempts

to direct the movement of traffic, or which projects any flashing or

revolving beams of light, or which hides from view or interferes

with the effectiveness of any official traffic-control device or any

railroad sign or signal, and no person shall place or maintain nor

shall any public authority permit upon any street or highway any

traffic sign or signal bearing thereon any commercial advertising;

provided, however, that the governing board of any city or town may

permit, under such conditions as the said board may deem proper,

commercial or other advertising upon any traffic sign located on

streets or highways within said city or town and not designated as

either state or federal highways or extensions thereof.

(b) This section shall not be deemed to prohibit the erection

upon private property adjacent to highways of signs giving useful

directional information and of a type that cannot be mistaken for

official signs.

(c) Every such prohibited sign, signal or marking is hereby

declared to be a public nuisance and the authority having

jurisdiction over the highway is hereby empowered to remove the same

or cause it to be removed without notice.
Okla. Stat. tit. 47, § 47-1119 — OK Code / Title 47 / Section 47-1119
Manufactured home - Information to be furnished county
Status: in_force

assessor in county of location.

Upon proper registration and receipt of a certificate of title

pursuant to the provisions of Section 1117 of this title by the

person owning a new or used manufactured home, Service Oklahoma

shall furnish by June 1 and by December 31 of each year to the

county assessor in the county in which the manufactured home is or

is to be located the following information:

1. The name of the owner of the manufactured home;

2. The serial number or identification number of the

manufactured home;

3. The legal description, the address, or the location where

the manufactured home is to be located;

4. The actual retail selling price of the manufactured home,

excluding Oklahoma state taxes;

5. The registration number issued for the manufactured home;

and

Oklahoma Statutes - Title 47. Motor Vehicles Page 1180

6. Any other information necessary to enable the county

assessor to list and assess the proper ad valorem tax required by

Section 2801 et seq. of Title 68 of the Oklahoma Statutes. If

ownership of such a manufactured home has passed by operation of law

and a new certificate of title has been issued for such home,

Service Oklahoma shall also furnish such information to the

appropriate county assessors.
Okla. Stat. tit. 47, § 47-12-609 — OK Code / Title 47 / Section 47-12-609
Motorcycles - Required equipment
Status: in_force

A. In addition to other requirements prescribed by this

chapter, by federal law or by local ordinance, all motorcycles,

except when operated on actual trail rides conducted outside of

public roads and highways, shall be equipped with:

1. Two rearview mirrors, containing a reflection surface of not

less than three (3) inches in diameter, mounted one on each side of

the motorcycle and positioned so as to enable the operator to

clearly view the roadway to the rear of the vehicle;

2. A windshield of sufficient quality, size and thickness to

protect the operator from foreign objects, except that in lieu of

such windshield, the operator shall wear goggles or other protective

eyewear which meets American National Standards Institute (ANSI)

Standard Z87.1 and provides positive retention, or a face shield of

material and design to protect the operator from foreign objects;

3. A properly operating speedometer capable of registering at

least the maximum legal speed limit for that motorcycle;

4. A fender over each wheel. All fenders shall be of the type

provided by the manufacturer;

5. A horn which shall comply with the requirements of Section

12-401 of this title; and

6. A muffler or other effective noise-suppressing system which

shall comply with the requirements of Section 12-402 of this title.

Oklahoma Statutes - Title 47. Motor Vehicles Page 650

B. No person under eighteen (18) years of age shall operate or

ride upon any motorcycle unless such person is properly wearing a

crash helmet of a type which complies with standards established by

49 C.F.R., Section 571.218.
Okla. Stat. tit. 47, § 47-1104v2 — OK Code / Title 47 / Section 47-1104v2
Apportionment of fees, taxes and penalties collected
Status: in_force

A. Unless otherwise provided by law, all fees, taxes, and

penalties collected or received pursuant to the Oklahoma Vehicle

License and Registration Act or Section 1-101 et seq. of this title

shall be apportioned and distributed monthly by the Oklahoma Tax

Commission in accordance with this section. Service Oklahoma shall

provide to the Oklahoma Tax Commission monthly reports of motor

vehicle collection information, including, but not limited to, motor

vehicle monthly apportionment information, refunds, canceled

vouchers, waste tire collections, organ donor program amounts,

driver license records, prorate amounts, and sales tax amounts. The

reports shall be delivered electronically pursuant to the current

Oklahoma Statutes - Title 47. Motor Vehicles Page 1083

calendar year apportionment disbursement schedule provided to

Service Oklahoma by the Oklahoma Tax Commission on or before

December 1st annually.

One percent (1%) of the monies referred to in this section shall

be apportioned to the Licensed Operator Performance Fund created in

Section 3-106 of this title, in accordance with the applicable

metrics determined by Service Oklahoma.

B. 1. The following percentages of the monies referred to in

subsection A of this section shall be apportioned to the various

school districts in accordance with paragraph 2 of this subsection:

a. from October 1, 2000, until June 30, 2001, thirty-five

and forty-six one-hundredths percent (35.46%),

b. for the year beginning July 1, 2001, and ending June

30, 2002, thirty-five and ninety-one one-hundredths

percent (35.91%),

c. for the year beginning July 1, 2002, through the year

ending on June 30, 2015, thirty-six and twenty one-

hundredths percent (36.20%),

d. for the year beginning July 1, 2015, through the year

ending on June 30, 2019, thirty-six and twenty one-

hundredths percent (36.20%), but in no event shall the

amount apportioned in any fiscal year pursuant to this

subparagraph exceed the total amount apportioned for

the fiscal year ending on June 30, 2015. Any amounts

in excess of such limitation shall be placed to the

credit of the General Revenue Fund, and

e. for the year beginning July 1, 2019, and all

subsequent years, thirty-six and twenty one-hundredths

percent (36.20%), but in no event shall the amount

apportioned in any fiscal year pursuant to this

subparagraph exceed the total amount apportioned for

the fiscal year ending on June 30, 2015. Any amounts

in excess of such limitation shall be placed to the

credit of the Rebuilding Oklahoma Access and Driver

Safety Fund created in Section 1521 of Title 69 of the

Oklahoma Statutes.

2. The monies apportioned pursuant to subparagraphs a through e

of paragraph 1 of this subsection shall be apportioned to the

various school districts so that each district shall receive an

amount based upon the proportion that each district's average daily

attendance bears to the total average daily attendance of those

districts entitled to receive funds pursuant to this section as

certified by the State Department of Education.

Each district's allocation of funds shall be remitted to the

county treasurer of the county wherein the administrative

headquarters of the district are located.

Oklahoma Statutes - Title 47. Motor Vehicles Page 1084

No district shall be eligible for the funds herein provided

unless the district makes an ad valorem tax levy of fifteen (15)

mills and maintains nine (9) years of instruction and pursuant to

the rules of the State Board of Education, is authorized to maintain

ten (10) years of instruction.

C. The following percentages of the monies referred to in

subsection A of this section shall be remitted to the State

Treasurer to be credited to the General Revenue Fund of the State

Treasury:

1. From October 1, 2000, until June 30, 2001, forty-five and

ninety-seven one-hundredths percent (45.97%);

2. For the year beginning July 1, 2001, and ending June 30,

2002, forty-five and twenty-nine one-hundredths percent (45.29%);

3. For the year beginning July 1, 2002, and for the subsequent

fiscal years ending June 30, 2007, forty-four and eighty-four one-

hundredths percent (44.84%);

4. For the year beginning July 1, 2007, and ending June 30,

2008, thirty-nine and eighty-four one-hundredths percent (39.84%);

5. For the year beginning July 1, 2008, and ending June 30,

2009, thirty-four and eighty-four one-hundredths percent (34.84%);

6. For the period beginning July 1, 2009, and ending December

31, 2012, twenty-nine and eighty-four one-hundredths percent

(29.84%);

7. For the period beginning January 1, 2013, and ending June

30, 2013, twenty-nine and thirty-four one-hundredths percent

(29.34%);

8. For the year beginning July 1, 2013, and ending June 30,

2014, twenty-six and eighty-four one-hundredths percent (26.84%);

and

9. For the year beginning July 1, 2014, through the year ending

June 30, 2019, twenty-four and eighty-four one-hundredths percent

(24.84%).

D. The following percentages of the monies referred to in

subsection A of this section shall be remitted to the State

Treasurer to be credited to the State Transportation Fund:

1. From October 1, 2000, until June 30, 2001, thirty one-

hundredths percent (0.30%);

2. For the year beginning July 1, 2001, through the year ending

on June 30, 2015, thirty-one one-hundredths percent (0.31%);

3. For the year beginning July 1, 2015, through the year ending

on June 30, 2019, thirty-one one-hundredths percent (0.31%), but in

no event shall the amount apportioned in any fiscal year pursuant to

this paragraph exceed the total amount apportioned for the fiscal

year ending on June 30, 2015. Any amounts in excess of such

limitation shall be placed to the credit of the General Revenue

Fund; and

Oklahoma Statutes - Title 47. Motor Vehicles Page 1085

4. For the year beginning July 1, 2019, and all subsequent

years, thirty-one one-hundredths percent (0.31%), but in no event

shall the amount apportioned in any fiscal year pursuant to this

paragraph exceed the total amount apportioned for the fiscal year

ending on June 30, 2015. Any amounts in excess of such limitation

shall be placed to the credit of the Rebuilding Oklahoma Access and

Driver Safety Fund created in Section 1521 of Title 69 of the

Oklahoma Statutes.

E. 1. The following percentages of the monies referred to in

subsection A of this section shall be apportioned to the various

counties as set forth in paragraph 2 of this subsection:

a. from October 1, 2000, until June 30, 2001, seven and

nine one-hundredths percent (7.09%),

b. for the year beginning July 1, 2001, and ending June

30, 2002, seven and eighteen one-hundredths percent

(7.18%),

c. for the year beginning July 1, 2002, through the year

ending on June 30, 2015, seven and twenty-four one-

hundredths percent (7.24%),

d. for the year beginning July 1, 2015, through the year

ending on June 30, 2019, seven and twenty-four one-

hundredths percent (7.24%), but in no event shall the

amount apportioned in any fiscal year pursuant to this

subparagraph exceed the total amount apportioned for

the fiscal year ending on June 30, 2015. Any amounts

in excess of such limitation shall be placed to the

credit of the General Revenue Fund, and

e. for the year beginning July 1, 2019, and all

subsequent years, seven and twenty-four one-hundredths

percent (7.24%), but in no event shall the amount

apportioned in fiscal years 2019 through 2024 pursuant

to this subparagraph exceed the total amount

apportioned for the fiscal year ending on June 30,

2015, and in no event shall the amount apportioned in

fiscal year 2026 and subsequent fiscal years exceed

the amount apportioned for the fiscal year ending on

June 30, 2025. Any amounts in excess of such

limitation shall be placed to the credit of the

Rebuilding Oklahoma Access and Driver Safety Fund

created in Section 1521 of Title 69 of the Oklahoma

Statutes.

2. The monies apportioned pursuant to subparagraphs a through e

of paragraph 1 of this subsection shall be apportioned as follows:

forty percent (40%) of such sum shall be distributed to the various

counties in that proportion which the county road mileage of each

county bears to the entire state road mileage as certified by the

Transportation Commission and the remaining sixty percent (60%) of

Oklahoma Statutes - Title 47. Motor Vehicles Page 1086

such sum shall be distributed to the various counties on the basis

which the population and area of each county bears to the total

population and area of the state. The population shall be as shown

by the last Federal Decennial Census or the most recent annual

estimate provided by the United States Bureau of the Census. The

funds shall be used for the purpose of constructing and maintaining

county highways; provided, however, the county treasurer may deposit

so much of the funds in the sinking fund as may be necessary for the

retirement of interest and annual accrual of indebtedness created by

the issuance of county or township bonds for road purposes. Such

deposits to the sinking fund shall not exceed forty percent (40%) of

the funds allocated to a county pursuant to this paragraph.

F. 1. The following percentages of the monies referred to in

subsection A of this section shall be remitted to the county

treasurers of the respective counties and by them deposited in a

separate special revenue fund to be used by the county commissioners

in accordance with paragraph 2 of this subsection:

a. from October 1, 2000, until June 30, 2001, two and

fifty-three one-hundredths percent (2.53%),

b. for the year beginning July 1, 2001, and ending June

30, 2002, two and fifty-six one-hundredths percent

(2.56%),

c. for the year beginning July 1, 2002, through the year

ending on June 30, 2015, two and fifty-nine one-

hundredths percent (2.59%),

d. for the year beginning July 1, 2015, through the year

ending on June 30, 2019, two and fifty-nine one-

hundredths percent (2.59%), but in no event shall the

amount apportioned in any fiscal year pursuant to this

subparagraph exceed the total amount apportioned for

the fiscal year ending on June 30, 2015. Any amounts

in excess of such limitation shall be placed to the

credit of the General Revenue Fund, and

e. for the year beginning July 1, 2019, and all

subsequent years, two and fifty-nine one-hundredths

percent (2.59%), but in no event shall the amount

apportioned in fiscal years 2019 through 2024 pursuant

to this subparagraph exceed the total amount

apportioned for the fiscal year ending on June 30,

2015, and in no event shall the amount apportioned in

fiscal year 2026 and subsequent fiscal years exceed

the amount apportioned for the fiscal year ending on

June 30, 2025. Any amounts in excess of such

limitation shall be placed to the credit of the

Rebuilding Oklahoma Access and Driver Safety Fund

created in Section 1521 of Title 69 of the Oklahoma

Statutes.

Oklahoma Statutes - Title 47. Motor Vehicles Page 1087

2. The monies apportioned pursuant to subparagraphs a through e

of paragraph 1 of this subsection shall be used for the primary

purpose of matching federal funds for the construction of federal

aid projects on county roads, or constructing and maintaining county

or township highways and permanent bridges of such counties. The

distribution of monies apportioned by this paragraph shall be made

upon the basis of the current formula based upon road mileage, area

and population as related to county road improvement and maintenance

costs. Provided, however, the Department of Transportation may

update the formula factors from time to time as necessary to account

for changing conditions.

G. 1. The following percentages of the monies referred to in

subsection A of this section shall be transmitted by the Tax

Commission to the various counties as set forth in paragraph 2 of

this subsection:

a. from October 1, 2000, until June 30, 2001, three and

fifty-five one-hundredths percent (3.55%),

b. for the year beginning July 1, 2001, and ending June

30, 2002, three and fifty-nine one-hundredths percent

(3.59%),

c. for the year beginning July 1, 2002, through the year

ending on June 30, 2015, three and sixty-two one-

hundredths percent (3.62%),

d. for the year beginning July 1, 2015, through the year

ending on June 30, 2019, three and sixty-two one-

hundredths percent (3.62%), but in no event shall the

amount apportioned in any fiscal year pursuant to this

subparagraph exceed the total amount apportioned for

the fiscal year ending on June 30, 2015. Any amounts

in excess of such limitation shall be placed to the

credit of the General Revenue Fund, and

e. for the year beginning July 1, 2019, and all

subsequent years, three and sixty-two one-hundredths

percent (3.62%), but in no event shall the amount

apportioned in fiscal years 2019 through 2024 pursuant

to this subparagraph exceed the total amount

apportioned for the fiscal year ending on June 30,

2015, and in no event shall the amount apportioned in

fiscal year 2026 and subsequent fiscal years exceed

the amount apportioned for the fiscal year ending on

June 30, 2025. Any amounts in excess of such

limitation shall be placed to the credit of the

Rebuilding Oklahoma Access and Driver Safety Fund

created in Section 1521 of Title 69 of the Oklahoma

Statutes.

2. The monies apportioned pursuant to subparagraphs a through e

of paragraph 1 of this subsection shall be transmitted to the

Oklahoma Statutes - Title 47. Motor Vehicles Page 1088

various counties on the basis of a formula to be developed by the

Department of Transportation. Such formula shall be similar to that

currently used for the distribution of County Bridge Program funds,

but also taking into consideration the effect of terrain and traffic

volume as related to county road improvement and maintenance costs.

Provided, however, the Department of Transportation may update the

formula factors from time to time as necessary to account for

changing conditions. The funds shall be transmitted to the various

county treasurers to be deposited in the county highway fund of

their respective counties.

H. 1. The following percentages of the monies referred to in

subsection A of this section shall be apportioned to the various

counties as set forth in paragraph 2 of this subsection:

a. from October 1, 2000, until June 30, 2001, eighty-one

one-hundredths percent (0.81%),

b. for the year beginning July 1, 2001, and ending June

30, 2002, eighty-two one-hundredths percent (0.82%),

c. for the year beginning July 1, 2002, through the year

ending on June 30, 2015, eighty-three one-hundredths

percent (0.83%),

d. for the year beginning July 1, 2015, through the year

ending on June 30, 2019, eighty-three one-hundredths

percent (0.83%), but in no event shall the amount

apportioned in any fiscal year pursuant to this

subparagraph exceed the total amount apportioned for

the fiscal year ending on June 30, 2015. Any amounts

in excess of such limitation shall be placed to the

credit of the General Revenue Fund, and

e. for the year beginning July 1, 2019, and all

subsequent years, eighty-three one-hundredths percent

(0.83%), but in no event shall the amount apportioned

in any fiscal year pursuant to this subparagraph

exceed the total amount apportioned for the fiscal

year ending on June 30, 2015. Any amounts in excess

of such limitation shall be placed to the credit of

the Rebuilding Oklahoma Access and Driver Safety Fund

created in Section 1521 of Title 69 of the Oklahoma

Statutes.

2. The monies apportioned pursuant to subparagraphs a through e

of paragraph 1 of this subsection shall be apportioned to the

various counties based upon the proportion that each county's

population bears to the total state population.

Each county's allocation of funds shall be remitted to the

various county treasurers to be deposited in the general fund of the

county and used for the support of county government.

I. 1. The following percentages of the monies referred to in

subsection A of this section shall be apportioned to the various

Oklahoma Statutes - Title 47. Motor Vehicles Page 1089

cities and incorporated towns as set forth in paragraph 2 of this

subsection:

a. from October 1, 2000, until June 30, 2001, three and

four one-hundredths percent (3.04%),

b. for the year beginning July 1, 2001, and ending June

30, 2002, three and eight one-hundredths percent

(3.08%),

c. for the year beginning July 1, 2002, through the year

ending on June 30, 2015, three and ten one-hundredths

percent (3.10%),

d. for the year beginning July 1, 2015, through the year

ending on June 30, 2019, three and ten one-hundredths

percent (3.10%), but in no event shall the amount

apportioned in any fiscal year pursuant to this

subparagraph exceed the total amount apportioned for

the fiscal year ending on June 30, 2015. Any amounts

in excess of such limitation shall be placed to the

credit of the General Revenue Fund, and

e. for the year beginning July 1, 2019, and all

subsequent years, three and ten one-hundredths percent

(3.10%), but in no event shall the amount apportioned

in any fiscal year pursuant to this subparagraph

exceed the total amount apportioned for the fiscal

year ending on June 30, 2015. Any amounts in excess

of such limitation shall be placed to the credit of

the Rebuilding Oklahoma Access and Driver Safety Fund

created in Section 1521 of Title 69 of the Oklahoma

Statutes.

2. The monies apportioned pursuant to subparagraphs a through e

of paragraph 1 of this subsection shall be apportioned to the

various cities and incorporated towns based upon the proportion that

each city or incorporated town's population bears to the total

population of all cities and incorporated towns in the state. Such

funds shall be remitted to the various county treasurers for

allocation to the various cities and incorporated towns. All such

funds shall be used for the construction, maintenance, repair,

improvement and lighting of streets and alleys. Provided, however,

the governing board of any city or town may, with the approval of

the county excise board, transfer any surplus funds to the general

revenue fund of such city or town whenever an emergency requires

such a transfer.

J. The following percentages of the monies referred to in

subsection A of this section shall be remitted to the State

Treasurer to be credited to the Oklahoma Law Enforcement Retirement

Fund:

1. From October 1, 2000, until June 30, 2001, one and twenty-

two one-hundredths percent (1.22%);

Oklahoma Statutes - Title 47. Motor Vehicles Page 1090

2. For the year beginning July 1, 2001, and ending June 30,

2002, one and twenty-three one-hundredths percent (1.23%); and

3. For the year beginning July 1, 2002, and all subsequent

years, one and twenty-four one-hundredths percent (1.24%).

K. Three one-hundredths of one percent (3/100 of 1%) of the

monies referred to in subsection A of this section shall be remitted

to the State Treasurer to be credited to the Wildlife Conservation

Fund. Seventy-five percent (75%) of the funds shall be used for

fish habitat restoration and twenty-five percent (25%) of the funds

shall be used in the fish hatchery system for fish production.

L. 1. For the year beginning July 1, 2007, and ending June 30,

2008, five percent (5%) of monies referred to in subsection A of

this section shall be remitted to the State Treasurer to be credited

to the County Improvements for Roads and Bridges Fund as created in

Section 507 of Title 69 of the Oklahoma Statutes.

2. For the year beginning July 1, 2008, and ending June 30,

2009, ten percent (10%) of monies referred to in subsection A of

this section shall be remitted to the State Treasurer to be credited

to the County Improvements for Roads and Bridges Fund as created in

Section 507 of Title 69 of the Oklahoma Statutes.

3. For the period beginning July 1, 2009, and ending December

31, 2012, fifteen percent (15%) of monies referred to in subsection

A of this section shall be remitted to the State Treasurer to be

credited to the County Improvements for Roads and Bridges Fund as

created in Section 507 of Title 69 of the Oklahoma Statutes.

4. For the period beginning January 1, 2013, and ending June

30, 2013, fifteen and fifty one-hundredths percent (15.50%) of

monies referred to in subsection A of this section shall be remitted

to the State Treasurer to be credited to the County Improvements for

Roads and Bridges Fund as created in Section 507 of Title 69 of the

Oklahoma Statutes.

5. For the year beginning July 1, 2013, and ending June 30,

2014, eighteen percent (18%) of monies referred to in subsection A

of this section shall be remitted to the State Treasurer to be

credited to the County Improvements for Roads and Bridges Fund as

created in Section 507 of Title 69 of the Oklahoma Statutes.

6. For the year beginning July 1, 2014, twenty percent (20%) of

monies referred to in subsection A of this section shall be remitted

to the State Treasurer to be credited to the County Improvements for

Roads and Bridges Fund as created in Section 507 of Title 69 of the

Oklahoma Statutes.

7. For the year beginning July 1, 2015, through the year ending

on June 30, 2019, twenty percent (20%) of monies referred to in

subsection A of this section shall be remitted to the State

Treasurer to be credited to the County Improvements for Roads and

Bridges Fund as created in Section 507 of Title 69 of the Oklahoma

Statutes, but in no event shall the total amount apportioned in any

Oklahoma Statutes - Title 47. Motor Vehicles Page 1091

fiscal year pursuant to this paragraph exceed One Hundred Twenty

Million Dollars ($120,000,000.00). Any amounts in excess of One

Hundred Twenty Million Dollars ($120,000,000.00) shall be placed to

the credit of the General Revenue Fund.

8. a. Except as provided in subparagraph b of this

paragraph, for the year beginning July 1, 2019, and

all subsequent years, twenty percent (20%) of monies

referred to in subsection A of this section shall be

remitted to the State Treasurer to be credited to the

County Improvements for Roads and Bridges Fund as

created in Section 507 of Title 69 of the Oklahoma

Statutes, but in no event shall the total amount

apportioned in any fiscal year pursuant to this

paragraph exceed the fiscal year limitations provided

in subparagraph c of this paragraph. Any amounts in

excess of the fiscal year limitations provided in

subparagraph c of this paragraph shall be placed to

the credit of the Rebuilding Oklahoma Access and

Driver Safety Fund created in Section 1521 of Title 69

of the Oklahoma Statutes,

b. (1) for the fiscal year beginning July 1, 2021,

through the fiscal year ending June 30, 2026, the

Oklahoma Tax Commission shall remit twenty-five

percent (25%) of the monthly allocation,

otherwise scheduled to be credited to the County

Improvements for Roads and Bridges Fund, to the

various counties of the state. The Commission

shall distribute such funds monthly to each

county treasurer as follows:

(a) one-third (1/3) of such funds shall be

distributed to the various counties in the

proportion which the area of each county

bears to the total area of the state,

(b) one-third (1/3) of such funds shall be

distributed to the various counties in the

proportion which the certified county road

miles of each county bear to the total sum

of county road miles in the state, and

(c) one-third (1/3) of such funds shall be

distributed to the various counties in the

proportion which the total replacement cost

for obsolete or deficient bridges according

to the most recent Department of

Transportation yearly Bridge Summary Report

for County Bridges for each county bears to

the total amount of such cost for all such

county bridges in the state, and

Oklahoma Statutes - Title 47. Motor Vehicles Page 1092

(2) for the fiscal year beginning July 1, 2026, and

all subsequent fiscal years thereafter, the

Oklahoma Tax Commission shall remit twenty-five

percent (25%) of the monthly allocation,

otherwise scheduled to be credited to the County

Improvements for Roads and Bridges Fund, to the

various counties of the state. The Commission

shall distribute such funds monthly to each

county treasurer as follows:

(a) one-third (1/3) of such funds shall be

distributed to the various counties in the

proportion which the area of each county

bears to the total area of the state,

(b) one-third (1/3) of such funds shall be

distributed to the various counties in the

proportion which the certified county road

miles of each county bear to the total sum

of county road miles in the state, and

(c) one-third (1/3) of such funds shall be

distributed to the various counties in the

proportion which the number of county

bridges in each county according to the

Department of Transportation 2020 Bridge

Summary Report for County Bridges bears to

the total sum of county bridges in the state

according to such report.

Each county treasurer shall deposit such funds to the

county's county highway fund and such funds shall be used

for maintenance and operations. In no event shall the

total amount apportioned in any fiscal year pursuant to the

provisions of subparagraphs a and b of this paragraph

exceed the fiscal year limitations provided in subparagraph

c of this paragraph, and

c. the total amount apportioned each fiscal year pursuant

to this paragraph shall be limited as follows:

(1) for fiscal years 2020

through 2022 $120,000,000.00,

(2) for fiscal year 2023 $125,000,000.00,

(3) for fiscal year 2024 $130,000,000.00,

(4) for fiscal year 2025 $135,000,000.00,

(5) for fiscal year 2026 $140,000,000.00,

(6) for fiscal year 2027 $145,000,000.00,

(7) for fiscal year 2028 and all

subsequent fiscal years

thereafter $150,000,000.00.

M. Twenty-four and eighty-four one-hundredths percent (24.84%)

of the monies referred to in subsection A of this section shall be

Oklahoma Statutes - Title 47. Motor Vehicles Page 1093

remitted to the State Treasurer to be credited to the Rebuilding

Oklahoma Access and Driver Safety Fund created in Section 1521 of

Title 69 of the Oklahoma Statutes.

N. Monies allocated to counties by this section may be

estimated by the county excise board in the budget for the county as

anticipated revenue to the extent of ninety percent (90%) of the

previous year's income from such source; provided, not more than

fifteen percent (15%) can be encumbered during any month.

O. Notwithstanding any other provisions of this section, for

the fiscal year beginning July 1, 2003, the first One Hundred

Thousand Dollars ($100,000.00) of the monies collected or received

by the Tax Commission pursuant to the registration of motorcycles

and mopeds in this state shall be placed to the credit of the

Oklahoma Tax Commission Revolving Fund.
Okla. Stat. tit. 47, § 47-226.2 — OK Code / Title 47 / Section 47-226.2
Operation without franchise unlawful when franchise
Status: in_force

granted to another.

Where any city or town has granted a franchise for the operation

of auto buses, as provided in Section 1, and auto buses are being

operated under such franchise by the holder thereof, it is hereby

declared to be unlawful for any other person, firm or corporation to

operate such auto buses without a franchise therefor.
Okla. Stat. tit. 47, § 47-592.6 — OK Code / Title 47 / Section 47-592.6
License investigation - Fees
Status: in_force

A. Upon the filing of an application and bond and payment of

the annual fee and an investigation fee, the Commission shall

Oklahoma Statutes - Title 47. Motor Vehicles Page 921

conduct an investigation. If the Commission finds that the

financial responsibility, experience, character and general fitness

of the applicant are such as to warrant belief that the business

will be operated lawfully and fairly, within the purposes of this

act, and the applicant meets the eligibility requirements of this

act and the rules of the Commission, the Commission shall grant the

application and issue to the applicant a license which will be

evidence of the authority of the applicant to do business pursuant

to the Oklahoma Crusher Act.

B. If the Commission does not find facts sufficient to warrant

issuance of a license, the Commission may deny the application. In

the event of denial of the application, the investigation fee shall

be retained by the Commission, but the annual license fee shall be

returned to the applicant.

C. The Commission shall prescribe by rule a fee for each

initial application, investigation fee, renewal application, late

fee for renewals not received by June 1, and fee for each license

change, duplicate license or returned check.
Okla. Stat. tit. 47, § 47-1132.6 — OK Code / Title 47 / Section 47-1132.6
Registered motorcycle fee
Status: in_force

A. In addition to other vehicle registration fees specified by

law, there is levied and there shall be paid to Service Oklahoma a

fee of Three Dollars ($3.00) upon every motorcycle registered

pursuant to Section 1132 of Title 47 of the Oklahoma Statutes for

Oklahoma Statutes - Title 47. Motor Vehicles Page 1199

use on roads and highways. The fee shall accrue and shall be

collectible upon each motorcycle registered for use on roads and

highways under the same circumstances and shall be payable in the

same manner and times as apply to the registration of motorcycles

for use on roads and highways under the provisions of the Oklahoma

Vehicle License and Registration Act; provided, the fee shall be

paid in full for the then current year at the time any vehicle is

first registered in a calendar year.

B. Revenue from the fee levied in subsection A of this section

shall be transferred each month to the Department of Public Safety

for deposit in the Motorcycle Safety and Education Program Revolving

Fund created pursuant to Section 40-123 of Title 47 of the Oklahoma

Statutes.

C. The collection and payment of the fee specified in this

section shall be a prerequisite to licensing or registration of any

motorcycle.
Okla. Stat. tit. 47, § 47-7-208 — OK Code / Title 47 / Section 47-7-208
Adjudication of nonliability
Status: in_force

A person shall be relieved from the requirement for deposit of

security in respect to a claim for injury or damage arising out of

the accident in the event such person has been finally adjudicated

not to be liable in respect to such claim.
Okla. Stat. tit. 47, § 47-12-202 — OK Code / Title 47 / Section 47-12-202
Visibility distance and mounted height of lamps
Status: in_force

A. Any requirement of this chapter as to distance from which

certain lamps and devices shall render objects visible, or within

which such lamps or devices shall be visible, shall apply during the

times stated in subsection B of Section 12-201 of this title in

respect to a vehicle without load when upon a straight, level,

unlighted highway, under normal atmospheric conditions unless a

different time or condition is expressly stated.

B. Any requirement of this chapter as to the mounted height of

lamps or devices shall mean from the center of such lamp or device

Oklahoma Statutes - Title 47. Motor Vehicles Page 602

to the level ground upon which the vehicle stands when such vehicle

is without a load.