Okla. Stat. tit. 13, § 13-176.10 — OK Code / Title 13 / Section 13-176.10
Recording intercepted communication - Seal - Inventory
Status: in_force

- Inspection - Violation.

A. The contents of any wire, oral or electronic communication

intercepted by any means authorized by the Security of

Oklahoma Statutes - Title 13. Common Carriers Page 23

Communications Act shall, if possible, be recorded on tape or wire

or other comparable device. The recording of the contents shall be

securely kept in order to guarantee protection of the recording from

editing or other alterations. Immediately upon the expiration of

the period of the order and any extensions, the recordings shall be

made available to the judge of competent jurisdiction issuing such

order and shall be sealed under his directions. Custody of the

recordings shall be determined by the judge of competent

jurisdiction. Such recordings shall not be destroyed except upon an

order of the issuing judge of competent jurisdiction and shall be

kept for at least ten (10) years. Duplicate recordings may be made

for use or disclosure in the conduct of investigations pursuant to

the provisions of subsections A and B of Section 176.8 of this

title.

B. The presence of the seal provided for by this section, or a

satisfactory explanation for the absence thereof as determined by

the court where presented, shall be a prerequisite for the use or

disclosure of the contents of any wire, oral or electronic

communication or evidence derived therefrom under subsection C of

Section 176.8 of this title.

C. Applications made and orders granted under the Security of

Communications Act shall be sealed by the judge of competent

jurisdiction. Custody of the applications and orders shall be

determined by the judge of competent jurisdiction. Such

applications and orders shall be disclosed only upon a showing of

good cause before a judge of competent jurisdiction and shall not be

destroyed except on order of the issuing or denying judge of

competent jurisdiction and shall be kept for at least ten (10)

years.

D. Within a reasonable time but not later than ninety (90) days

after the termination of the period of an order or extension

thereof, the issuing judge of competent jurisdiction shall cause to

be served, on the persons named in the order or the application, and

such other parties to intercepted communications as the judge of

competent jurisdiction may determine in his discretion are in the

interest of justice, an inventory which shall include notice of:

1. The entry of the order or application;

2. The date of such entry and the period of authorized,

approved interception, or the date of denial of the application; and

3. Whether or not during such period, wire, oral or electronic

communications were or were not intercepted.

E. The judge of competent jurisdiction, upon the filing of a

motion, may make available to the person named in the order or

application or his counsel for inspection such portions of the

intercepted communications, applications and orders as the judge of

competent jurisdiction determines to be in the interest of justice.

On an ex parte showing of good cause to a judge of competent

Oklahoma Statutes - Title 13. Common Carriers Page 24

jurisdiction, the serving of the inventory required by this

subsection may be postponed.

F. Any violation of the provisions of this section is

punishable as contempt of the issuing judge of competent

jurisdiction.
Okla. Stat. tit. 13, § 13-176.6 — OK Code / Title 13 / Section 13-176.6
Use of certain intercepted communications as evidence
Status: in_force

prohibited.

Whenever any wire, oral or electronic communication has been

intercepted, no part of the contents of such communication and no

evidence derived therefrom may be received in evidence in any trial,

hearing or other proceeding in or before any court, grand jury,

department, officer, agency, regulatory body, legislative committee

or other authority of the state, or a political subdivision thereof,

if the disclosure of that information would be in violation of the

Security of Communications Act.
Okla. Stat. tit. 13, § 13-176.5 — OK Code / Title 13 / Section 13-176.5
Seizure and forfeiture of certain devices
Status: in_force

Any electronic, mechanical or other device used, sent, carried,

manufactured, assembled, possessed or sold in violation of the

Security of Communications Act may be seized and forfeited to the

state.
Okla. Stat. tit. 13, § 13-177.6 — OK Code / Title 13 / Section 13-177.6
Search warrant for installation or use of tracking
Status: in_force

device - Period of monitoring - Service of warrant upon affected

persons.

A. Any magistrate may issue a search warrant authorizing the

installation or use of a tracking device in any moveable item,

container, vehicle or other vessel. Such warrant may authorize the

use of that tracking device within the jurisdiction of the

magistrate, and outside that jurisdiction if the tracking device is

installed within the magistrate’s jurisdiction. No such warrant

shall issue unless probable cause is shown for believing that such

installation or use will lead to the discovery of evidence, fruits,

Oklahoma Statutes - Title 13. Common Carriers Page 31

or instrumentalities of the commission or attempted commission of an

offense. Any application or affidavit seeking such a search warrant

shall inform the magistrate of the name or names of the persons, if

known, likely to have a reasonable expectation of privacy in the

area where the tracking device is to be installed. Nothing here

shall be construed as requiring a warrant for such installation or

use if a warrant is not required under the Constitution of the

United States of America.

B. Search warrants issued under this section may authorize

intrusions into the item, container, vehicle or vessel for the

purpose of installing the tracking device or for maintenance or

retrieval of the tracking device. No search warrant issued under

this section shall permit the monitoring of a tracking device for

longer than sixty (60) days unless an extension warrant is issued by

the magistrate upon a renewed showing of probable cause as required

in subsection A of this section.

C. Within ninety (90) days after the expiration of any period

of authorized monitoring of a tracking device, including any

extensions thereof, the law enforcement officer who obtained the

search warrant shall serve a copy of the search warrant which was

obtained pursuant to this section upon the person or persons likely

to have a reasonable expectation of privacy in the area where the

tracking device was installed. This ninety-day period may be

extended by the court for good cause shown. The search warrant and

supporting affidavit shall also be filed with the clerk of the

district court as is required of all other search warrants after

such parties are notified.
Okla. Stat. tit. 13, § 13-204 — OK Code / Title 13 / Section 13-204
Penalty - Invalidity of bond
Status: in_force

Any officer, agent, or representative of any company,

corporation, association or firm, or any other person who shall

violate any of the provisions of this article shall be guilty of a

misdemeanor and be punished by a fine of not less than One Hundred

Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00),

and by imprisonment in the county jail for a period of not less than

thirty days, nor more than one year. Any bond, contract or

undertaking made in violation of the provisions of this article

shall be void.

R.L. 1910, § 874.

Oklahoma Statutes - Title 13. Common Carriers Page 35
Okla. Stat. tit. 13, § 13-176.8 — OK Code / Title 13 / Section 13-176.8
Disclosure of information
Status: in_force

A. Any law enforcement officer who, by any means authorized by

the Security of Communications Act, has obtained knowledge of the

contents of any wire, oral or electronic communication or evidence

derived from such communication may disclose the contents to another

law enforcement officer to the extent that such disclosure is

appropriate to the proper performance of the official duties of the

officer making or receiving the disclosure.

B. Any law enforcement officer who, by any authorized means,

has obtained knowledge of the contents of any wire, oral or

electronic communication or evidence derived from such communication

may use the contents to the extent such use is appropriate to the

proper performance of the officer’s official duties.

C. Any person who has received, by any authorized means, any

information concerning a wire, oral or electronic communication or

evidence derived from such communication intercepted in accordance

with the provisions of the Security of Communications Act may

disclose the contents of the communication or such derivative

evidence while giving testimony under oath or affirmation in any

administrative or criminal proceeding in any court of this state or

of the United States or in any grand jury proceeding, if such

testimony is otherwise admissible.

D. No otherwise privileged wire, oral or electronic

communication intercepted in accordance with, or in violation of,

the provisions of the Security of Communications Act shall lose its

privileged character.

E. When a law enforcement officer, while engaged in

intercepting wire, oral or electronic communications in an

authorized manner, intercepts wire, oral or electronic

communications relating to offenses for which an order or

authorization could have been secured or any offense listed in

Section 571 of Title 57 of the Oklahoma Statutes, which is other

than those specified in the order of authorization, the contents of

such communications and evidence derived therefrom may be disclosed

or used as provided in this section. Such contents and any evidence

derived from the contents may be used when authorized by a judge of

competent jurisdiction when the judge finds on subsequent

application that the contents were otherwise intercepted in

accordance with the provisions of the Security of Communications

Act. Such application shall be made as soon as practicable.
Okla. Stat. tit. 13, § 13-46 — OK Code / Title 13 / Section 13-46
Lien on luggage for fare
Status: in_force

A common carrier has a lien upon the luggage of a passenger for

the payment of such fare as he is entitled to from him.

R.L. 1910, § 814.
Okla. Stat. tit. 13, § 13-177.2 — OK Code / Title 13 / Section 13-177.2
Installation or use of pen register or trap and trace
Status: in_force

device without court order - Exceptions - Penalty.

A. Except as otherwise provided in this section, no person

shall install or use a pen register or a trap and trace device

without first obtaining a court order as provided by Section 4 of

this act.

B. The prohibition of subsection A of this section shall not

apply with respect to the use of a pen register or a trap and trace

device by a provider of electronic or wire communication service:

Oklahoma Statutes - Title 13. Common Carriers Page 28

1. Relating to the operation, maintenance and testing of a wire

or electronic communication service or to the protection of the

rights or property of such provider, or to the protection of users

of that service from abuse of service or unlawful use of service;

2. To record the fact that a wire or electronic communication

was initiated or completed in order to protect such provider,

another provider furnishing service toward the completion of the

wire or electronic communication or a user of that service, from

fraudulent, unlawful or abusive use of service; or

3. Where the consent of the user of that service has been

obtained.

C. Any person knowingly violating the provisions of subsection

A of this section, upon conviction, shall be guilty of a misdemeanor

and shall be punishable by a fine not exceeding One Thousand Dollars

($1,000.00) or by imprisonment of not more than one (1) year, or by

both such fine and imprisonment.
Okla. Stat. tit. 13, § 13-152 — OK Code / Title 13 / Section 13-152
Coal - Reweighing at destination - Liability for
Status: in_force

deficiencies or shrinkage.

When said coal arrives at its destination, the said carrier

shall cause the same to be weighed at that point, provided it has

scales at that point, and if not, then it shall cause said coal to

be weighed at the nearest track scales on its line between the point

of shipment and the point of destination, and if the weight of said

coal at the point of delivery is less that the weight set out in the

bill of lading, the carrier delivering to the consignee shall be

liable to the consignee for all deficiencies in weight, less the

natural shrinkage, which shall not exceed one percent (1%) for a one

hundred fifty-mile haul or less and one and one-half percent (1

1/2%) on more than a one hundred fifty-mile haul; and the measure of

damage of the consignee for such deficiency or shortage shall be the

value of the deficiency if the freight has not been paid; and in

weighing cars of coal they shall be detached from the train and in

the event the loss or shortage does not occur on the delivering

line, the carrier delivering to the consignee shall be entitled to

recover from the carrier upon whose line the loss or shortage

occurred, such amount for the loss or shortage as the carrier

delivering to the consignee may be required to pay to the consignee

as may be evidenced by any receipt, judgment, or transcript thereof.

R.L. 1910, § 849.
Okla. Stat. tit. 13, § 13-111 — OK Code / Title 13 / Section 13-111
Time for payment
Status: in_force

A carrier may require his freightage to be paid upon his

receiving the freight; but if he does not demand it then, he cannot

until he is ready to deliver the freight to the consignee.

R.L. 1910, § 835.
Okla. Stat. tit. 13, § 13-1 — OK Code / Title 13 / Section 13-1
Contract of carriage defined
Status: in_force

A contract of carriage is a contract for the conveyance of

property, persons or messages from one place to another.

R.L. 1910, § 783.
Okla. Stat. tit. 13, § 13-112 — OK Code / Title 13 / Section 13-112
Liability of consignor
Status: in_force

The consignor of freight is presumed to be liable for the

freightage, but if the contract between him and the carrier provides

that the consignee shall pay it, and the carrier allows the

consignee to take the freight, he cannot afterwards recover the

freightage from the consignor.

R.L. 1910, § 836.
Okla. Stat. tit. 13, § 13-38 — OK Code / Title 13 / Section 13-38
Luggage defined
Status: in_force

Luggage may consist of any articles intended for the use of a

passenger while traveling, or for his personal equipment.

R.L. 1910, § 806.
Okla. Stat. tit. 13, § 13-3 — OK Code / Title 13 / Section 13-3
Duty to complete undertaking
Status: in_force

A carrier without reward, who has begun to perform his

undertaking, must complete it in like manner as if he had received a

reward, unless he restores the person or thing carried to as

favorable a position as before he commenced the carriage.

R.L. 1910, § 785.
Okla. Stat. tit. 13, § 13-35 — OK Code / Title 13 / Section 13-35
Passengers - Accommodations - Treatment - Attention
Status: in_force

A carrier of persons for reward must give to passengers all such

accommodations as are usual and reasonable, must treat them with

civility, and give them a reasonable degree of attention.

R.L. 1910, § 803.
Okla. Stat. tit. 13, § 13-118 — OK Code / Title 13 / Section 13-118
Extra carriage
Status: in_force

If freight is carried further, or more expeditiously than was

agreed upon by the parties, the carrier is not entitled to

additional compensation, and cannot refuse to deliver it on the

demand of the consignee at the place and time of its arrival.

R.L. 1910, § 842.
Okla. Stat. tit. 13, § 13-176.13 — OK Code / Title 13 / Section 13-176.13
Suppression of intercepted communication or evidence
Status: in_force

derived therefrom.

Oklahoma Statutes - Title 13. Common Carriers Page 26

A. Any aggrieved person in any trial, hearing or proceeding in

or before any court, department, officer, agency, regulatory body or

other authority may move to suppress the contents of any intercepted

wire, oral or electronic communication, or evidence derived

therefrom, on the grounds that:

1. The communication was unlawfully intercepted;

2. The order of authorization under which it was intercepted is

insufficient on its face; or

3. The interception was not made in conformity with the order

of authorization.

B. Said motion shall be made before the trial, hearing or

proceeding unless there was no opportunity to make the motion or the

aggrieved person was not aware of the grounds of the motion. If the

motion is granted, the contents of the intercepted wire, oral or

electronic communication, or evidence derived therefrom, shall be

treated as having been obtained in violation of the Security of

Communications Act. The judge, upon the filing of the motion by the

aggrieved person, may make available to the aggrieved person or his

counsel for inspection such portions of the intercepted

communication or evidence derived therefrom as the judge determines

to be in the interests of justice.
Okla. Stat. tit. 13, § 13-71 — OK Code / Title 13 / Section 13-71
Application to hotel keepers and warehousemen
Status: in_force

The provisions of this chapter shall apply to hotelkeepers and

warehousemen.

R.L. 1910, § 827.
Okla. Stat. tit. 13, § 13-7 — OK Code / Title 13 / Section 13-7
Starting time and place
Status: in_force

A common carrier must start at such time and place as he

announces to the public, unless detained by accident or the

elements, or in order to connect with carriers on other lines of

travel.

R.L. 1910, § 789.
Okla. Stat. tit. 13, § 13-176.7 — OK Code / Title 13 / Section 13-176.7
Court order authorizing interception of communications
Status: in_force

The Attorney General, upon application by a district attorney,

may make application to a judge of competent jurisdiction for, and

such judge may grant in conformity with the Security of

Communications Act, an order authorizing the interception of wire,

oral or electronic communications by any law enforcement agency of

this state or any political subdivision thereof having

responsibility for the investigation of the offense as to which the

application is made, when such interception may provide evidence of

acts of biochemical terrorism, terrorism, terrorism hoax, and

biochemical assault, as defined in Section 1268.1 of Title 21 of the

Oklahoma Statutes, the commission of the offense of murder, the

cultivation or manufacture or distribution of narcotic drugs or

other controlled dangerous substances as defined in the Uniform

Controlled Dangerous Substances Act, trafficking in illegal drugs as

defined in the Trafficking in Illegal Drugs Act, the trafficking of

humans for labor or for commercial sex as defined in Section 748 of

Title 21 of the Oklahoma Statutes, the pandering of humans for sex

as provided in Section 1081 of Title 21 of the Oklahoma Statutes or

the prostitution of a child as defined in Section 1030 of Title 21

of the Oklahoma Statutes, child sexual exploitation or permitting

child sexual exploitation as defined in Section 843.5 of Title 21 of

the Oklahoma Statutes, soliciting sexual conduct or communication

with a minor by use of technology as defined in Section 1040.13a of

Title 21 of the Oklahoma Statutes, and any conspiracy to commit the

crimes specifically enumerated in this section.

Oklahoma Statutes - Title 13. Common Carriers Page 18
Okla. Stat. tit. 13, § 13-176.3 — OK Code / Title 13 / Section 13-176.3
Prohibited acts - Felonies – Penalties - Venue
Status: in_force

Except as otherwise specifically provided in this act, any

person is guilty of a Class D1 felony offense and upon conviction

shall be punished by a fine of not less than Five Thousand Dollars

($5,000.00), or by imprisonment as provided for in subsections B

through F of Section 20N of Title 21 of the Oklahoma Statutes, or by

both who:

1. Willfully intercepts, endeavors to intercept or procures any

other person to intercept or endeavor to intercept any wire, oral or

electronic communication;

Oklahoma Statutes - Title 13. Common Carriers Page 15

2. Willfully uses, endeavors to use or procures any other

person to use or endeavor to use any electronic, mechanical or other

device to intercept any oral communication;

3. Willfully discloses or endeavors to disclose to any other

person the contents of any wire, oral or electronic communication,

knowing or having reason to know that the information was obtained

in violation of the provisions of the Security of Communications

Act;

4. Willfully uses or endeavors to use the contents of any wire,

oral or electronic communication, knowing or having reason to know

that the information was obtained in violation of the provisions of

the Security of Communications Act;

5. Willfully and maliciously, without legal authority, removes,

injures or obstructs any telephone or telegraph line, or any part or

appurtenances or apparatus connected thereto, or severs any wires

thereof;

6. Sends through the mail or sends or carries any electronic,

mechanical or other device with the intention of rendering the

device primarily useful for the purpose of the illegal interception

of wire, oral or electronic communications in violation of the

provisions of the Security of Communications Act;

7. Manufactures, assembles, possesses or sells any electronic,

mechanical or other device with the intention of rendering the

device primarily useful for the purpose of the illegal interception

of wire, oral or electronic communications in violation of the

provisions of the Security of Communications Act; or

8. Willfully uses any communication facility in committing or

in causing or facilitating the commission of any act or acts

constituting one or more of the felonies enumerated in Section 176.7

of this title. Each separate use of a communication facility to

cause or facilitate such a felony shall be a separate offense.

Venue for any violation of this section shall lie in the same county

as venue for the underlying felony enumerated in Section 176.7 of

this title.
Okla. Stat. tit. 13, § 13-15 — OK Code / Title 13 / Section 13-15
Exoneration from liability
Status: in_force

A common carrier cannot be exonerated by any agreement made in

anticipation thereof, from liability for the gross negligence, fraud

or willful wrong, of himself or his servants.

R.L. 1910, § 797.
Okla. Stat. tit. 13, § 13-115 — OK Code / Title 13 / Section 13-115
Apportionment of freightage
Status: in_force

If freightage is apportioned by a bill of lading, or other

contract made between a consignor and carrier, the carrier is

entitled to payment according to the apportionment for so much as he

delivers.

R.L. 1910, § 839.
Okla. Stat. tit. 13, § 13-154 — OK Code / Title 13 / Section 13-154
Consignee - Reweighing at destination - Liability of
Status: in_force

carrier.

In case the carrier shall fail or refuse to weigh said coal at

its destination or at the nearest track scales to the point of

destination between said point and the point of shipment, the

consignee may weigh said coal, and his weights shall be prima facie

evidence of the amount of coal received, and the carrier shall be

liable in damages as set out in this article, for any shortage

between the actual quantity received at the point of destination and

the amount named in the bill of lading: Provided, that if the

consignee shall have the coal weighed at the point of destination,

on other than track scales, an allowance of ten (10) pounds per ton

shall be deducted from the weight.

R.L. 1910, § 851.

Oklahoma Statutes - Title 13. Common Carriers Page 12
Okla. Stat. tit. 13, § 13-10 — OK Code / Title 13 / Section 13-10
Telegraph and telephone companies - Excessive rates
Status: in_force

All agents or operators for any telegraph or telephone company

doing business in this state are hereby prohibited from knowingly

charging, collecting or receiving pay for any message sent or

received by them in excess of the regular rate charged for the same.

R.L. 1910, § 792.
Okla. Stat. tit. 13, § 13-117 — OK Code / Title 13 / Section 13-117
Apportionment according to distance
Status: in_force

If a consignee voluntarily receives freight at a place short of

the one appointed for delivery, the carrier is entitled to a just

proportion of the freightage, according to distance. If the

carrier, being ready and willing, offers to complete the transit, he

is entitled to the full freightage. If he does not thus offer

completion, and the consignee receives the freight only from

necessity, the carrier is not entitled to any freightage.

R.L. 1910, § 841.
Okla. Stat. tit. 13, § 13-4 — OK Code / Title 13 / Section 13-4
Common carrier defined
Status: in_force

Everyone who offers to the public to carry persons, property or

messages is a common carrier of whatever he thus offers to carry.

R.L. 1910, § 786.
Okla. Stat. tit. 13, § 13-178 — OK Code / Title 13 / Section 13-178
Short title - Kelsey Smith Act – Wireless
Status: in_force

telecommunications carriers to provide call location information to

law enforcement.

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

Smith Act".

B. As used in this act, "law enforcement agency" means any

department or agency of this state or a political subdivision of

this state that employs personnel certified by the Council on Law

Enforcement Education and Training and is empowered by law to

maintain public order, make arrests and enforce the criminal laws of

this state or municipal ordinances.

C. Upon request of a law enforcement agency, a wireless

telecommunications carrier shall provide call location information

of the telecommunications device of a user to the requesting agency

in order to respond to a call for emergency services or in an

emergency situation that involves risk of death or serious physical

harm. If call location information is provided to a law enforcement

agency for the purposes set forth in this section, notice shall be

Oklahoma Statutes - Title 13. Common Carriers Page 32

given to the user within thirty (30) days after the call for

emergency services or the emergency situation.

D. A wireless telecommunications carrier registered to do

business in this state or otherwise submitting to the jurisdiction

of this state and a reseller of wireless telecommunications services

shall submit emergency contact information for the carrier to the

Oklahoma State Bureau of Investigation (OSBI) to facilitate requests

from a law enforcement agency for call location information in

accordance with this section. Such contact information shall be

submitted annually by July 1 or immediately upon any change in

contact information. The OSBI shall maintain a database containing

emergency contact information for carriers required pursuant to this

subsection and shall make the information immediately available upon

request to any law enforcement agency in this state. The OSBI shall

promulgate rules to implement the requirements of this subsection.

Nothing in this subsection shall be construed to require carriers to

submit emergency contact information for individual customers to the

OSBI.

E. A wireless telecommunications carrier, its officers,

employees or agents shall have no civil or criminal liability for

providing call location information while acting in good faith and

in accordance with the provisions of this section.Oklahoma Statutes - Title 13. Common Carriers Page 2
Okla. Stat. tit. 13, § 13-176.11 — OK Code / Title 13 / Section 13-176.11
Reports
Status: in_force

A. Within thirty (30) days after the expiration of an order, or

each extension thereof, entered under Section 176.7 of this title,

or the denial of an order approving an interception, the judge of

competent jurisdiction shall file a sealed, written report with the

Clerk of the Court of Criminal Appeals that includes the following

information:

1. The fact that an order or extension was applied for;

2. The kind of order or extension applied for;

3. The fact that the order or extension was granted as applied

for, was modified, or was denied;

4. The period of interceptions authorized by the order, and the

number and duration of any extensions of the order;

5. The offense specified in the order or application, or

extension of an order;

6. The identity of the law enforcement officer and the agency

making the request for the application and the district attorney

requesting the Attorney General to make the application; and

7. The nature of the facilities from which or the place where

communications were to be intercepted.

B. In January of each year, the Attorney General shall file a

sealed, written report with the Clerk of the Court of Criminal

Appeals that includes the following information:

1. Regarding an order or extension:

a. the fact that it was applied for,

b. the kind applied for,

c. the fact that it was granted as applied for, was

modified, or was denied,

d. the period of interceptions authorized, and the number

and duration of any extensions of the order,

e. the offense specified,

f. the identity of the law enforcement officer and the

agency making the request for the application and the

district attorney requesting the Attorney General to

make the application, and

g. the nature of the facilities from which or the place

where communications were to be intercepted;

2. A general description of the interceptions made under such

order or extension, including:

Oklahoma Statutes - Title 13. Common Carriers Page 25

a. the approximate nature and frequency of incriminating

communications intercepted,

b. the approximate nature and frequency of other

communications intercepted,

c. the approximate number of persons whose communications

were intercepted, and

d. the approximate nature, amount, and cost of the

manpower and other resources used in the

interceptions;

3. The number of arrests resulting from interceptions made

under such order or extension, and the offenses for which arrests

were made;

4. The number of trials resulting from such interceptions;

5. The number of motions to suppress made with respect to such

interceptions, and the number granted or denied;

6. The number of convictions resulting from such interceptions

and the offenses for which the convictions were obtained and a

general assessment of the importance of the interceptions; and

7. The information required by paragraphs 2 through 6 of this

subsection with respect to orders or extensions obtained in a

preceding calendar year.

C. The Clerk of the Court of Criminal Appeals shall maintain

the reports submitted pursuant to this section as confidential

records which shall not be disclosed or made public absent an order

from the Presiding Judge of the Court of Criminal Appeals.
Okla. Stat. tit. 13, § 13-156 — OK Code / Title 13 / Section 13-156
Weighing interstate shipments
Status: in_force

Whenever any coal shall be brought into this state by any

carrier where the point of shipment is outside of the state, the

same shall be weighed by the carrier at the nearest track scales

within the state to the state line; and after being so weighed, as

to its further carriage all of the provisions of this article, shall

apply thereto in the same manner as if the shipment originated

within this state.

R.L. 1910, § 853.
Okla. Stat. tit. 13, § 13-16 — OK Code / Title 13 / Section 13-16
Acceptance of ticket, etc., as assent to contract
Status: in_force

A passenger, consignor or consignee by accepting a ticket, bill

of lading or written contract for carriage, with a knowledge of its

terms, assents to the rate of hire, the time, place and manner of

delivery therein stated. But his assent to any other modification

of the carrier's rights or obligations contained in such instrument

can only be manifested by his signature to the same.

R.L. 1910, § 798.
Okla. Stat. tit. 13, § 13-131 — OK Code / Title 13 / Section 13-131
Liability for loss or injury - Exceptions
Status: in_force

Unless the consignor accompanies the freight and retains

exclusive control thereof, a common carrier of property is liable,

Oklahoma Statutes - Title 13. Common Carriers Page 10

from the time that he accepts until he relieves himself from

liability as hereinafter provided, for the loss or injury thereof

from any cause whatever, except:

1. An inherent defect, vice or weakness, or a spontaneous

action, of the property itself.

2. The act of a public enemy of the United States, or of this

state.

3. The act of the law; or,

4. Any irresistible superhuman cause.

R.L. 1910, § 815.
Okla. Stat. tit. 13, § 13-132 — OK Code / Title 13 / Section 13-132
Liability for negligence in excepted cases
Status: in_force

A common carrier is liable, even in the cases excepted by the

preceding section, if his ordinary negligence exposes the property

to the cause of the loss.

R.L. 1910, § 816.
Okla. Stat. tit. 13, § 13-13 — OK Code / Title 13 / Section 13-13
Concealing rate schedules - Penalty
Status: in_force

Any agent of any railroad, express, telegraph, or telephone

company who shall fail or refuse to show the schedule of rates of

said company to any person or persons interested therein, and allow

him or them to examine the same, shall be deemed guilty of a

misdemeanor, and upon conviction thereof, shall be fined in any sum

not less than One Hundred Dollars ($100.00) nor more than Five

Hundred Dollars ($500.00).

R.L. 1910, § 795.
Okla. Stat. tit. 13, § 13-68 — OK Code / Title 13 / Section 13-68
Exoneration from liability - Storage of freight - Notice to
Status: in_force

consignee.

If a consignee does not accept and remove freight within a

reasonable time after the carrier has fulfilled his obligation to

deliver, or duly offered to fulfill the same, the carrier may

exonerate himself from further liability by placing the freight in a

suitable warehouse, on storage, on account of the consignee, and

giving notice thereof to him.

R.L. 1910, § 824.
Okla. Stat. tit. 13, § 13-201 — OK Code / Title 13 / Section 13-201
Free choice of sureties by employees
Status: in_force

Oklahoma Statutes - Title 13. Common Carriers Page 33

No common carrier authorized to do business in this state, when

requiring of an employee a bond or undertaking of any nature

whatever, shall require such employee to have such bond or

undertaking executed as surety by any particular person, company,

corporation, association, or firm, or by any one or more of any

number of such persons, companies, corporations, associations or

firms named by such common carrier; and no such common carrier shall

reject any such bond or undertaking for any reason other than the

financial insufficiency of such bond or undertaking.

R.L. 1910, § 871.
Okla. Stat. tit. 13, § 13-176.1 — OK Code / Title 13 / Section 13-176.1
Short title
Status: in_force

Oklahoma Statutes - Title 13. Common Carriers Page 13

Sections 1 through 14 of this act shall be known and may be

cited as the "Security of Communications Act".
Okla. Stat. tit. 13, § 13-44 — OK Code / Title 13 / Section 13-44
Time for payment of fares
Status: in_force

A common carrier may demand the fare of passengers either at

starting or at any subsequent time.

R.L. 1910, § 812.
Okla. Stat. tit. 13, § 13-177.4 — OK Code / Title 13 / Section 13-177.4
Court order - Contents - Duration
Status: in_force

A. The court, in considering an application made pursuant to

Section 177.3 of this title, shall enter an ex parte order

authorizing the installation and use of a pen register or a trap and

trace device within the jurisdiction of the court if the court finds

that the person making the application has certified to the court

that the information likely to be obtained by such installation and

use is relevant to an ongoing criminal investigation. The

installation and use of a pen register or a trap and trace device

shall be considered to be within the jurisdiction of the court if:

(a) the law enforcement equipment to be used to collect electronic

data is or will be physically installed within the geographical area

over which the court has jurisdiction, (b) there are reasonable

grounds to believe the telephone device is or will be used within

Oklahoma Statutes - Title 13. Common Carriers Page 29

the geographical area over which the court has jurisdiction, or (c)

the billing address for the telephone service for the telephone

device is located within the geographical area over which the court

has jurisdiction.

The order issued under this section:

1. Shall specify:

a. the identity, if known, of the person to whom is

leased or in whose name is listed the telephone line

to which the pen register or trap and trace device is

to be attached,

b. the identity, if known, of the person who is the

subject of the criminal investigation,

c. the number and, if known, physical location of the

telephone line to which the pen register or trap and

trace device is to be attached and, in the case of a

trap and trace device, the geographic limits of the

trap and trace order, and

d. a statement of the offense to which the information

likely to be obtained by the pen register or trap and

trace device relates; and

2. Shall direct, upon the request of the applicant, the

furnishing of information, facilities, and technical assistance

necessary to accomplish the installation of the pen register or trap

and trace device.

B. An order issued pursuant to this section shall authorize the

installation and use of a pen register or a trap and trace device

for a period not to exceed sixty (60) days. Extensions of such an

order may be granted, but only upon application as provided in

Section 177.3 of this title and upon issuance of an order as

required by subsection A of this section. Each period of extension

shall be for a period not to exceed sixty (60) days.

C. An order authorizing or approving the installation and use

of a pen register or a trap and trace device shall direct that:

1. The order be sealed until otherwise ordered by the court;

and

2. The person owning or leasing the line to which the pen

register or a trap and trace device is attached, or who has been

ordered by the court to provide assistance to the applicant, not

disclose the existence of the pen register or trap and trace device

or the existence of the investigation to the listed subscriber, or

to any other person, unless or until otherwise ordered by the court.
Okla. Stat. tit. 13, § 13-45 — OK Code / Title 13 / Section 13-45
Ejection of passengers
Status: in_force

A passenger who refuses to pay his fare, or to conform to any

lawful regulation of the carrier, may be ejected from the vehicle by

the carrier. But this must be done with as little violence as

possible, and at any usual stopping place, or near some dwelling

house. After having ejected a passenger, a carrier has no right to

require the payment of any part of his fare.

R.L. 1910, § 813.
Okla. Stat. tit. 13, § 13-43 — OK Code / Title 13 / Section 13-43
Power to make and enforce rules
Status: in_force

A common carrier of persons may make rules for the conduct of

his business, and may require passengers to conform to them, if they

are lawful, public, uniform in their application, and reasonable.

R.L. 1910, § 811.
Okla. Stat. tit. 13, § 13-67 — OK Code / Title 13 / Section 13-67
Notice to consignee - Safekeeping pending removal
Status: in_force

If, for any reason, a carrier does not deliver freight to the

consignee or his agent, personally, he must give notice to the

consignee of its arrival, and keep the same in safety, upon his

responsibility as a warehouseman, until the consignee has had a

reasonable time to remove it. If the place of residence or business

of the consignee be unknown to the carrier, he may give the notice

by letter dropped in the nearest post office.

R.L. 1910, § 823.
Okla. Stat. tit. 13, § 13-176.14 — OK Code / Title 13 / Section 13-176.14
State's right to appeal certain orders
Status: in_force

In addition to any other right to appeal, the state shall have

the right to appeal from either an order granting a motion to

suppress made under Section 13 of the Security of Communications Act

or the denial of an application for an order of authorization if the

Attorney General certifies to the judge or other official granting

such motion or denying such application that the appeal is not taken

for purposes of delay. The appeal shall be taken within thirty (30)

days after the date the order was entered and shall be diligently

prosecuted.
Okla. Stat. tit. 13, § 13-31 — OK Code / Title 13 / Section 13-31
Gratuitous carriers - Care required
Status: in_force

A carrier of persons without reward must use ordinary care and

diligence for their safe carriage.

R.L. 1910, § 799.
Okla. Stat. tit. 13, § 13-113 — OK Code / Title 13 / Section 13-113
Liability of consignee
Status: in_force

Oklahoma Statutes - Title 13. Common Carriers Page 9

The consignee of freight is liable for the freightage, if he

accepts the freight with notice of the intention of the consignor

that he should pay it.

R.L. 1910, § 837.
Okla. Stat. tit. 13, § 13-61 — OK Code / Title 13 / Section 13-61
Definitions
Status: in_force

Property carried is called freight; the reward, if any, to be

paid for its carriage is called freightage; the person who delivers

the freight to the carrier is called the consignor, and the person

to whom it is to be delivered is called the consignee.

R.L. 1910, § 817.
Okla. Stat. tit. 13, § 13-9 — OK Code / Title 13 / Section 13-9
Railroad and express companies - Excessive rates
Status: in_force

All agents of railroad and express companies doing business in

this state are hereby prohibited from knowingly charging, collecting

or receiving pay for any goods, wares, packages, merchandise, or any

article whatever that may be sent or received by or through their

respective offices in excess of the regular rates charged for the

same.

R.L. 1910, § 791.
Okla. Stat. tit. 13, § 13-202 — OK Code / Title 13 / Section 13-202
Sureties - Residence - Corporations
Status: in_force

No common carrier authorized to do business in this state, when

requiring of any employee a bond or undertaking of any nature

whatsoever, shall require as surety thereon any person not a

resident of this state; nor shall any such common carrier accept as

such surety any company, corporation or association, unless the same

is a corporation duly organized under the laws of Oklahoma, or which

shall have designated an agent residing within this state upon whom

service of legal process against it may be had, as provided by law

for foreign corporations doing business in this state, and which

shall also have in this state a general office where it shall

require that every such bond or undertaking shall be approved, if

approved, and canceled if canceled, and where a complete record

thereof shall be kept.

R.L. 1910, § 872.
Okla. Stat. tit. 13, § 13-66 — OK Code / Title 13 / Section 13-66
Place of delivery
Status: in_force

If there is no usage to the contrary at the place of delivery,

freight must be delivered as follows:

1. If carried upon a railway owned and managed by the carrier,

it may be delivered at the station nearest the place to which it is

addressed.

2. In other cases, it must be delivered to the consignee or his

agent, personally, if either can, with reasonable diligence, be

found.

R.L. 1910, § 822.
Okla. Stat. tit. 13, § 13-153 — OK Code / Title 13 / Section 13-153
Connecting carrier - Reweighing on transfer
Status: in_force

In case any coal shipped shall be carried over the lines of the

connecting carriers, the carrier receiving said coal shall cause the

correct weight thereof to be placed in the bill of lading, and such

coal shall be reweighed when delivered to the connecting carrier,

and the value of the coal at the point of destination shall be the

measure of damages.

R.L. 1910, § 850.
Okla. Stat. tit. 13, § 13-5 — OK Code / Title 13 / Section 13-5
Duty to accept and carry
Status: in_force

A common carrier must, if able to do so, accept and carry

whatever is offered to him, at a reasonable time and place, of a

kind that he undertakes or is accustomed to carry.

R.L. 1910, § 787.
Okla. Stat. tit. 13, § 13-176.12 — OK Code / Title 13 / Section 13-176.12
Conditions for use of intercepted communication as
Status: in_force

evidence or disclosure at trial.

The contents of any intercepted wire, oral or electronic

communication or evidence derived therefrom shall not be received in

evidence or otherwise disclosed in any trial, hearing or other

proceeding unless each party, not less than ten (10) days before the

trial, hearing or proceeding, has been furnished with a copy of the

court order and accompanying application under which the

interception was authorized. This ten-day period may be waived by

the judge if he finds that it was not possible to furnish the party

with the above information ten (10) days before the trial, hearing

or proceeding and that the party will not be prejudiced by the delay

in receiving such information.
Okla. Stat. tit. 13, § 13-116 — OK Code / Title 13 / Section 13-116
Apportionment on acceptance of part of freight
Status: in_force

If a part of the freight is accepted by a consignee without a

specific objection that the rest is not delivered, the freightage

must be apportioned and paid as to that part, though not apportioned

in the original contract.

R.L. 1910, § 840.
Okla. Stat. tit. 13, § 13-157 — OK Code / Title 13 / Section 13-157
Method of weighing - Stencil weights
Status: in_force

In case any contention shall arise between the consignee and the

carrier in regard to the shortage of coal on any car, the car shall

be weighed first while loaded and then the empty car shall be

weighed again and the actual gross and net weights shall be

ascertained, and the stencil weight of any car marked thereon shall

not be taken in any case as a true weight of said car.

R.L. 1910, § 854.
Okla. Stat. tit. 13, § 13-176.2 — OK Code / Title 13 / Section 13-176.2
Definitions
Status: in_force

As used in the Security of Communications Act:

1. "Aggrieved person" means a person who was a party to any

intercepted wire, oral or electronic communication or a person

against whom the interception was directed;

2. "Aural acquisition" means obtaining knowledge of a

communication through the sense of hearing which is contemporaneous

with the communication;

3. "Aural transfer" means a transfer containing the human voice

at any point between and including the point of origin and the point

of reception;

4. "Communication common carrier" means, for the purposes of

the Security of Communications Act only, any telephone or telegraph

company, rural telephone cooperative, communications transmission

company or other public communications company under the laws of

this state;

5. "Communication facility" means any and all public and

private instrumentalities used or useful in the transmission of

writing, signs, signals, pictures, or sounds of all kinds and

includes mail, telephone, wire, radio, and all other means of

communication;

6. "Contents", when used with respect to any wire, oral or

electronic communication, includes any information concerning the

substance, purport or meaning of that communication;

7. "Electronic communication" means any transfer of signs,

signals, writing, images, sounds, data, or intelligence of any

nature transmitted in whole or in part by a wire, radio,

electromagnetic, photoelectronic or photo-optical system, but does

not include:

a. any wire or oral communication,

b. any communication made through a tone-only paging

device, or

c. any communication from a tracking device;

8. "Electronic, mechanical or other device" means any device or

apparatus which can be used to intercept a wire, oral or electronic

communication other than:

a. any telephone or telegraph instrument, equipment or

facility or any component thereof furnished to the

subscriber or user by a communication common carrier

or other lawful supplier in the ordinary course of its

business which is being used by the subscriber or user

in the ordinary course of its business, or being used

by a communication common carrier in the ordinary

Oklahoma Statutes - Title 13. Common Carriers Page 14

course of business or being used by a law enforcement

officer in the ordinary course of duties, or

b. a hearing aid or similar device being used to correct

subnormal hearing to not better than normal;

9. "Intercept" means the aural acquisition of the contents of

any wire, oral or electronic communication through the use of any

electronic, mechanical or other device;

10. "Judge of competent jurisdiction" means the Presiding Judge

of the Court of Criminal Appeals or any other Judge of the Court of

Criminal Appeals designated by the Presiding Judge;

11. "Law enforcement officer" means any person who is employed

by the United States, this state or political subdivision thereof

and is empowered by law to conduct investigations of, or to make

arrests for, offenses enumerated in the Security of Communications

Act or similar federal offenses and any attorney authorized by law

to prosecute or participate in the prosecution of such offenses;

12. "Oral communication" means any communication uttered by a

person exhibiting an expectation that such communication is not

subject to interception under circumstance justifying such

expectation;

13. "Person" means any individual, partnership, association,

joint-stock company, trust, corporation or political subdivision

including an employee or agent thereof; and

14. "Wire communication" means any aural transfer made in whole

or in part through the use of facilities for the transmission of

communications by the aid of wire, cable or other like connection

between the point of origin and the point of reception, including

the use of such connection in a switching station, furnished or

operated by any person engaged in providing or operating such

facilities for the transmission of intrastate, interstate or foreign

communications or communications affecting intrastate, interstate or

foreign commerce.
Okla. Stat. tit. 13, § 13-176.9 — OK Code / Title 13 / Section 13-176.9
Application for court order - Contents - Additional
Status: in_force

evidence - Ex parte order - Specifications of order - Time

limitations - Reports - Emergency oral authorization.

A. Each application for an order authorizing or approving the

interception of a wire, oral or electronic communication shall be

made in writing upon oath or affirmation to a judge of competent

jurisdiction and shall state the authority of the Attorney General

to make such application. Each application shall include the

following information:

1. The identity of the law enforcement officer initiating the

application and the district attorney authorizing the application to

the Attorney General;

2. A full and complete statement of the facts and circumstances

relied upon by the Attorney General to justify that an order should

be issued, including:

a. details as to the particular offense that has been, is

being or is about to be committed,

b. a particular description of the nature and location of

the facilities from which, or the place where the

wire, oral or electronic communications are to be

intercepted,

c. a particular description of the type of communications

sought to be intercepted, and

d. the identity of the person, if known, committing the

offense and whose wire, oral or electronic

communications are to be intercepted;

3. A full and complete statement as to whether or not other

investigative procedures have been tried and failed or why they

reasonably appear to be either unlikely to succeed if tried or are

too dangerous;

4. A statement of the period of time for which the interception

is required to be maintained, and, if the nature of the

investigation is such that the authorization for interception should

not automatically be terminated when the described type of

communication has been first obtained, a particular description of

facts establishing probable cause to believe that additional

communications of the same type will occur thereafter;

5. A full and complete statement of the facts concerning:

a. all previous applications made for authorization to

intercept wire, oral or electronic communications

involving any of the same persons, facilities or

places specified in the application, and

b. the action taken on each such application; and

Oklahoma Statutes - Title 13. Common Carriers Page 20

6. When the application is for the extension of an order, a

statement setting forth the results thus far obtained from the

interception or a reasonable explanation of the failure to obtain

such results.

B. The judge of competent jurisdiction may require the

applicant to furnish additional testimony or documentary evidence in

support of the application.

C. Upon the submission of the application, an ex parte order

may be entered, as requested or as modified, authorizing

interception of wire, oral or electronic communications within the

territorial jurisdiction of the judicial district of the district

attorney requesting the order if the judge of competent jurisdiction

determines on the basis of the facts submitted by the applicant

that:

1. There is probable cause for belief that an individual is

committing, has committed or is about to commit a particular offense

enumerated in Section 176.7 of this title;

2. There is probable cause to believe that particular

communications concerning the offense will be obtained through such

interception;

3. Normal investigative procedures have been tried and have

failed or reasonably appear to be either unlikely to succeed if

tried or are too dangerous; or

4. There is probable cause to believe that the facilities from

which, or the place where the wire, oral or electronic

communications are to be intercepted, are being used by an

individual or are about to be used in connection with the commission

of such offense or are leased to, listed in the name of or commonly

used by such person.

D. Each order authorizing the interception of any wire, oral or

electronic communication shall specify:

1. The identity of the person, if known, whose communications

are to be intercepted;

2. The nature and location of the communications facilities as

to which, or the place where, authority to intercept is granted;

3. A particular description of the type of communication sought

to be intercepted and a statement of the particular offense to which

it relates;

4. The identity of the agency authorized to intercept the

communications and of the person authorizing the application;

5. The period of time during which such interception is

authorized, including a statement as to whether or not the

interception shall automatically terminate when the described

communication has been first obtained; and

6. An order authorizing the interception of a wire, oral or

electronic communication shall, upon request of the applicant,

direct that a communication common carrier, landlord, custodian or

Oklahoma Statutes - Title 13. Common Carriers Page 21

other person shall furnish the applicant as soon as possible all

information, facilities and technical assistance necessary to

accomplish the interception with a minimum of interference with the

services that such carrier, landlord, custodian or person is

furnishing to the person whose communications are sought to be

intercepted. Any communication common carrier, landlord, custodian

or other person furnishing such facilities or technical assistance

pursuant to the Security of Communications Act shall be compensated

therefor by the applicant at the prevailing rates and shall be

immune from any civil or criminal action or liability for compliance

to an order under this or any other state or local law, rule,

regulation or ordinance by reason of furnishing any such

information, facilities or technical assistance.

E. No order entered pursuant to this section may authorize the

interception of any wire, oral or electronic communication for any

period longer than is necessary to achieve the objective of the

authorization, or in any event, longer than thirty (30) days.

Extensions of an order may be granted, but only upon application for

an extension made in accordance with subsection A of this section

and upon the meeting of the requirements of subsection C of this

section. The period of extension shall be no longer than the judge

of competent jurisdiction deems necessary to achieve the purposes

for which the extension was granted, and in no event for longer than

thirty (30) days. Every order and extension thereof shall contain a

provision that the authorization to intercept shall be executed as

soon as practicable, shall be conducted in such a way as to minimize

the interception of communications not otherwise subject to

interception under the Security of Communications Act and must

terminate upon attainment of the authorized objective or within the

time authorized as provided by this section.

F. Whenever an order authorizing interception is entered

pursuant to the Security of Communications Act, the order may

require reports to be made to the Attorney General and the judge of

competent jurisdiction who issued the order showing what progress

has been made toward achievement of the authorized objective and the

need for continued interception. The reports shall be made at such

intervals as the judge of competent jurisdiction may require.

G. Any other provision of this act notwithstanding, a judge of

competent jurisdiction or a judge of the district court may grant

emergency oral authorization to a law enforcement officer to

intercept wire, oral or electronic communications for a period not

to exceed twenty-four (24) hours under the following circumstances:

1. When any emergency situation exists which poses the risk of

death or bodily injury to any person, and there are reasonable

grounds to believe that such interception would avert such death or

bodily injury; or

Oklahoma Statutes - Title 13. Common Carriers Page 22

2. When a law enforcement officer is investigating any offense

of murder or conspiracy to commit murder, and there are reasonable

grounds to believe that such interception may prevent the

destruction of key evidence or the flight or escape of a suspect or

material witness.

Application of such emergency authorization shall be made orally

by the Attorney General, a district attorney in whose territorial

jurisdiction the interception is to occur, or any such Assistant

Attorney General or assistant district attorney as they may

designate in writing. The oral application shall be made to a judge

of competent jurisdiction or a judge of the district court, and

either the prosecuting attorney making application or a law

enforcement officer shall orally provide the relevant probable cause

and emergency circumstances to the judge of competent jurisdiction

or a judge of the district court, all of which shall be

electronically recorded. Any such emergency interception shall

terminate upon attainment of the authorized objective or at the end

of twenty-four (24) hours, whichever comes first. If the assistance

of a communication common carrier is needed to implement the

interception, the person obtaining the emergency authorization shall

certify in writing to the communication common carrier that

emergency oral authorization has been obtained and no warrant or

order is required. The communication common carrier shall provide

the same facilities, information, and assistance as required under

subsection D of this section, and shall enjoy the same immunity from

civil and criminal penalties as is provided for therein.

Following such oral authorization, the district attorney or

assistant district attorney shall apply through the Attorney General

for an order pursuant to Section 176.7 of this title. The

application shall be made as soon as is practicable, and in no event

later than forty-eight (48) hours after termination of the

interception pursuant to the oral authorization. The written

application shall include an intelligible copy of the electronic

recording of the conversation in which the oral authorization was

granted. If the district attorney or the assistant district

attorney fails to make such written application within forty-eight

(48) hours after termination of the interception, or if written

authorization to intercept communications is denied, no information

obtained pursuant to the emergency interception shall be admitted in

any court or other proceeding.
Okla. Stat. tit. 13, § 13-33 — OK Code / Title 13 / Section 13-33
Duty to provide safe and fit vehicles
Status: in_force

A carrier of persons for reward is bound to provide vehicles

safe and fit for the purposes to which they are put, and is not

excused for default in this respect by any degree of care.

R.L. 1910, § 801.

Oklahoma Statutes - Title 13. Common Carriers Page 5
Okla. Stat. tit. 13, § 13-39 — OK Code / Title 13 / Section 13-39
Liability for luggage
Status: in_force

The liability of a carrier, for luggage received by him with a

passenger, is the same as that of a common carrier of property.

R.L. 1910, § 807.
Okla. Stat. tit. 13, § 13-133 — OK Code / Title 13 / Section 13-133
Liability for delays
Status: in_force

A common carrier is liable for delay only when it is caused by

his want of ordinary care and diligence.

R.L. 1910, § 843.
Okla. Stat. tit. 13, § 13-177.5 — OK Code / Title 13 / Section 13-177.5
Assistance of service provider, landlord, custodian or
Status: in_force

other person - Compensation - Liability - Defense.

Oklahoma Statutes - Title 13. Common Carriers Page 30

A. Upon the issuance of an order pursuant to the provisions of

Section 4 of this act, a provider of wire or electronic

communication service, landlord, custodian or other person shall

furnish forthwith all information, facilities and technical

assistance necessary to accomplish the installation of the pen

register with a minimum of interference with the services provided,

if such assistance is directed by a court order as provided in

Section 4 of this act.

B. Upon the issuance of an order pursuant to the provisions of

Section 4 of this act for a trap and trace device, a provider of a

wire or electronic communication service, landlord, custodian or

other person shall install such trap and trace device forthwith on

the appropriate line and shall furnish such person all additional

information, facilities and technical assistance including

installation and operation of the device unobtrusively and with a

minimum of interference with the services provided, if such

installation and assistance is directed by a court order as provided

in Section 4 of this act. Unless otherwise ordered by the court,

the results of the trap and trace device shall be furnished at

reasonable intervals during regular business hours for the duration

of the order.

C. A provider of a wire or electronic communication service,

landlord, custodian or other person who furnishes facilities or

technical assistance pursuant to this section shall be reasonably

compensated for any reasonable expenses incurred in providing such

facilities and assistance.

D. No cause of action shall lie in any court against any

provider of a wire or electronic communication service, its

officers, employees, agents or other specified persons for providing

information, facilities or assistance in accordance with the terms

of a court order under this act.

E. A good faith reliance on a court order, a legislative

authorization or a statutory authorization is a complete defense

against any civil or criminal action brought under this act.
Okla. Stat. tit. 13, § 13-62 — OK Code / Title 13 / Section 13-62
Care and diligence required
Status: in_force

Oklahoma Statutes - Title 13. Common Carriers Page 7

A carrier of property for reward must use at least ordinary care

and diligence in the performance of all his duties. A carrier

without reward must use at least slight care and diligence.

R.L. 1910, § 818.
Okla. Stat. tit. 13, § 13-134 — OK Code / Title 13 / Section 13-134
Precious metals and other valuables - Liability for loss
Status: in_force

or injury - Notice of nature of freight.

A common carrier of gold, silver, platina, or precious stones,

or of imitations thereof, in a manufactured or unmanufactured state,

or timepieces of any description, of negotiable paper or other

valuable writings, of pictures, glass or china ware, is not liable

for more than Fifty Dollars ($50.00) upon the loss or injury of any

one package of such articles, unless he has notice, upon his receipt

thereof, by mark upon the package or otherwise, of the nature of the

freight.

R.L. 1910, § 844.
Okla. Stat. tit. 13, § 13-12 — OK Code / Title 13 / Section 13-12
Overcharges - Penalty
Status: in_force

Any person who shall violate the provisions of Sections 792 and

793 shall be deemed guilty of a misdemeanor, and upon conviction

thereof shall be fined in any sum not less than Twenty-five Dollars

($25.00) nor more than Two Hundred Dollars ($200.00).

R.L. 1910, § 794.

Oklahoma Statutes - Title 13. Common Carriers Page 4
Okla. Stat. tit. 13, § 13-6 — OK Code / Title 13 / Section 13-6
Preference to state and United States
Status: in_force

A common carrier must always give a preference in time, and may

give a preference in price, to the United States and to this state.

Oklahoma Statutes - Title 13. Common Carriers Page 3

R.L. 1910, § 788.
Okla. Stat. tit. 13, § 13-11 — OK Code / Title 13 / Section 13-11
Rate schedules - Inspection
Status: in_force

In order to ascertain what the regular charges of such companies

are, all railroad, express, telegraph, and telephone companies doing

business in this state are hereby required to keep in all their

offices in this state, a schedule of the regular rates charged by

them, which shall be open to the inspection of any person interested

therein.

R.L. 1910, § 793.
Okla. Stat. tit. 13, § 13-177.1 — OK Code / Title 13 / Section 13-177.1
Definitions
Status: in_force

As used in Sections 177.1 through 177.5 of this title and

Section 3 of this act:

1. "Court of competent jurisdiction" means a court of general

criminal jurisdiction of this state, including the judges of the

district court, associate district judges and special district

judges, or any justice of the Supreme Court or judge of the Court of

Criminal Appeals or Court of Civil Appeals;

2. "Electronic communication" means any transfer of signs,

signals, writing, images, sounds, data or intelligence of any nature

Oklahoma Statutes - Title 13. Common Carriers Page 27

transmitted in whole or in part by a wire, radio, electro-magnetic,

photo-electronic or photo-optical system, but does not include:

a. any wire or oral communication,

b. any communication made through a tone-only paging

device, or

c. any communication from a tracking device;

3. "Pen register" means a device which records or decodes

electronic or other impulses which identify the numbers dialed or

otherwise transmitted on the telephone line to which such device is

attached, but such term does not include any device used by a

provider or customer of a wire or electronic communication service

for billing, or recording as an incident to billing, for

communications services provided by such provider or any device used

by a provider or customer of a wire communication service for cost

accounting or other like purposes in the ordinary course of its

business;

4. “Tracking device” means an electronic or mechanical device

which permits the tracking of the movement of a person or object;

5. "Trap and trace device" means a device which captures the

incoming electronic or other impulses which identify the originating

number of an instrument or device from which a wire or electronic

communication was transmitted, but does not include devices used by

subscribers to identify the originating numbers of calls received by

such subscribers; and

6. "Wire communication" means any aural transfer made in whole

or in part through the use of facilities for the transmission of

communications by the aid of wire, cable or other like connection

between the point of origin and the point of reception, including

the use of such connection in a switching station furnished or

operated by any person engaged in providing or operating such

facilities for the transmission of intrastate, interstate or foreign

communications or communications affecting intrastate, interstate or

foreign commerce.
Okla. Stat. tit. 13, § 13-32 — OK Code / Title 13 / Section 13-32
Carriers for reward - Care and skill required
Status: in_force

A carrier of persons for reward must use the utmost care and

diligence for their safe carriage, must provide everything necessary

for that purpose, and must exercise to that end a reasonable degree

of skill.

R.L. 1910, § 800.
Okla. Stat. tit. 13, § 13-203 — OK Code / Title 13 / Section 13-203
Term - Cancellation - Notice
Status: in_force

Every bond or undertaking of any nature whatsoever given by an

employee of any common carrier authorized to do business in this

state, shall be made to cover a definite term; and no such bond or

undertaking shall be canceled without the consent of all parties

thereto, except for a breach of one or more of the conditions

thereof. Any such employee who shall have given any such bond or

undertaking, shall, upon breach of any of the conditions thereof by

the other party or parties hereto, have the power to cancel the same

by giving the surety or sureties thereon and the common carrier for

the benefit of whom the same shall have been made at least ten (10)

days' notice in writing, setting out in full the reasons for

canceling the same, said notice to be signed by such employee and

sworn to by him in this state before any officer authorized to

administer oaths. Any such notice to a company, corporation or

association may be served by leaving the same with any person upon

whom service of legal process upon such company, corporation or

association may be had. Any surety on any such bond or undertaking,

shall, upon the breach of any of the conditions thereof by the

common carrier employee for whom the same shall have been made, have

Oklahoma Statutes - Title 13. Common Carriers Page 34

power to cancel the same by giving such employee at least ten (10)

days' notice in writing, setting out in full the reasons for

canceling the same, the said notice to be signed by an agent or

manager of such surety, then a resident of this state and then

authorized to approve or disapprove similar bonds or undertakings

for such surety, and to be sworn to by the person signing the same

in this state before an officer authorized to administer oaths:

Provided, that nothing herein shall affect any right of action

accruing to any person upon the breach of a contract.

R.L. 1910, § 873.
Okla. Stat. tit. 13, § 13-114 — OK Code / Title 13 / Section 13-114
Natural increase
Status: in_force

No freightage can be charged upon the natural increase of

freight.

R.L. 1910, § 838.
Okla. Stat. tit. 13, § 13-34 — OK Code / Title 13 / Section 13-34
Overcrowding or overloading
Status: in_force

A carrier of persons for reward must not overcrowd or overload

his vehicle.

R.L. 1910, § 802.
Okla. Stat. tit. 13, § 13-36 — OK Code / Title 13 / Section 13-36
Speed - Delay - Deviation
Status: in_force

A carrier of persons for reward must travel at a reasonable rate

of speed, and without any unreasonable delay or deviation from his

proper route.

R.L. 1910, § 804.
Okla. Stat. tit. 13, § 13-177.3 — OK Code / Title 13 / Section 13-177.3
Application for order or extension of order
Status: in_force

An officer, attorney or agent of any law enforcement agency, a

district attorney or assistant district attorney or the Attorney

General or Assistant Attorney General may make application for an

order or an extension of an order as provided in Section 4 of this

act. Such application shall be in writing, under oath or equivalent

affirmation, to a court of competent jurisdiction and shall include:

1. The identity of the person making the application and the

identity of the law enforcement agency conducting the investigation;

and

2. A certification by the applicant that the information likely

to be obtained is relevant to an ongoing criminal investigation

being conducted by that agency.
Okla. Stat. tit. 13, § 13-40 — OK Code / Title 13 / Section 13-40
Carriage and delivery of luggage
Status: in_force

A common carrier must deliver every passenger's luggage, whether

within the prescribed weight or not, immediately upon the arrival of

the passenger at his destination; and unless the vehicle be

overcrowded or overloaded thereby, must carry it on the same vehicle

by which he carries the passenger to whom it belongs except that

where luggage is transported by rail, it must be checked and carried

in a regular baggage car; and whenever passengers neglect or refuse

to have their luggage so checked and transported, it is carried at

their risk.

R.L. 1910, § 808.

Oklahoma Statutes - Title 13. Common Carriers Page 6
Okla. Stat. tit. 13, § 13-155 — OK Code / Title 13 / Section 13-155
Failure to weigh - False weights - Penalties
Status: in_force

Any agent, servant or employee of any carrier who shall fail or

refuse to weigh any coal at its point of destination, or shall

knowingly or willfully make false weights of such coal, or in case

there are no track scales at the point of destination, at the

nearest track scales passed in its transit from its point of

shipment, such agents, servants or employees shall be deemed guilty

of a misdemeanor, and shall be punished by a fine of not less than

Fifty nor more than One Hundred Dollars ($100.00), or be imprisoned

not less than thirty (30) days nor more than sixty (60) days or both

such fine and imprisonment.

R.L. 1910, § 852.
Okla. Stat. tit. 13, § 13-14 — OK Code / Title 13 / Section 13-14
Limitation of obligations
Status: in_force

The obligations of a common carrier cannot be limited by general

notice on his part, but may be limited by special contract.

R.L. 1910, § 796.
Okla. Stat. tit. 13, § 13-151 — OK Code / Title 13 / Section 13-151
Coal - Statement of weight in bill of lading
Status: in_force

Whenever any coal is shipped over any common carrier from any

point within the State of Oklahoma to any other point within the

said State, the common carrier transporting such coal shall issue a

bill of lading stating the true weight of the coal so transported.

R.L. 1910, § 848.

Oklahoma Statutes - Title 13. Common Carriers Page 11
Okla. Stat. tit. 13, § 13-42 — OK Code / Title 13 / Section 13-42
Seats - Overloading
Status: in_force

A common carrier of persons must provide every passenger with a

seat. He must not overload his vehicle by receiving and carrying

more passengers than its rated capacity allows.

R.L. 1910, § 810.
Okla. Stat. tit. 13, § 13-41 — OK Code / Title 13 / Section 13-41
Vehicles for accommodation of passengers
Status: in_force

A common carrier of persons must provide a sufficient number of

vehicles to accommodate all the passengers who can be reasonably

expected to require carriage at any one time.

R.L. 1910, § 809.
Okla. Stat. tit. 13, § 13-8 — OK Code / Title 13 / Section 13-8
Compensation
Status: in_force

A common carrier is entitled to a reasonable compensation and no

more, which he may require to be paid in advance. If payment

thereof is refused he may refuse to carry.

R.L. 1910, § 790.
Okla. Stat. tit. 13, § 13-2 — OK Code / Title 13 / Section 13-2
Gratuitous carriers - Rules governing
Status: in_force

Carriers without reward are subject to the same rules as

employees without reward, except so far as otherwise provided by

this title.

R.L. 1910, § 784.
Okla. Stat. tit. 13, § 13-37 — OK Code / Title 13 / Section 13-37
Luggage - Duty to carry - Charges
Status: in_force

A common carrier of persons, unless his vehicle is fitted for

the reception of passengers exclusively, must receive and carry a

reasonable amount of luggage for each passenger, without any charge

except for an excess of weight over one hundred and fifty (150)

pounds to a passenger.

R.L. 1910, § 805.
Okla. Stat. tit. 13, § 13-176.4 — OK Code / Title 13 / Section 13-176.4
Acts not prohibited
Status: in_force

It is not unlawful pursuant to the Security of Communications

Act for:

1. an operator of a switchboard, or an officer, employee, or

agent of any communication common carrier whose facilities are used

Oklahoma Statutes - Title 13. Common Carriers Page 16

in the transmission of a wire, oral or electronic communication to

intercept, disclose, or use that communication in the normal course

of his employment while engaged in any activity which is a necessary

incident to the rendition of his service or to the protection of the

rights or property of the carrier of such communication. Said

communication common carriers shall not utilize service observing or

random monitoring except for mechanical or service quality control

checks; or

2. an officer, employee, or agent of any communication common

carrier or other person authorized to provide information,

facilities, or technical assistance to a law enforcement officer who

is authorized to intercept a wire, oral or electronic communication;

or

3. an officer, employee, or agent of the Federal Communications

Commission, in the normal course of his employment and in discharge

of the monitoring responsibilities exercised by the Commission in

the enforcement of Chapter 5 of Title 47 of the United States Code,

to intercept a wire, oral or electronic communication transmitted by

radio or to disclose or use the information obtained; or

4. a person acting under color of law to intercept a wire, oral

or electronic communication when such person is a party to the

communication or one of the parties to the communication has given

prior consent to such interception; or

5. a person not acting under color of law to intercept a wire,

oral or electronic communication when such person is a party to the

communication or when one of the parties to the communication has

given prior consent to such interception unless the communication is

intercepted for the purpose of committing any criminal act; or

6. a communication common carrier or an officer, agent, or

employee thereof, or a person under contract with a communication

common carrier, in the normal course of the business of the

communication common carrier bidding upon contracts with or in the

course of doing business with the United States, a state, or a

political subdivision thereof, in the normal course of the

activities of said entities, to send through the mail, send or carry

in interstate or foreign commerce, manufacture, assemble, possess,

or sell any electronic, mechanical, or other device knowing or

having reason to know that the design of such device renders the

device primarily useful for the purpose of the illegal interception

of wire, oral or electronic communications; or

7. an officer or employee of the Oklahoma Department of

Corrections to monitor any wire, oral or electronic communication

where an incarcerated inmate is a party to that communication, if

the inmate is given prior and conspicuous notice of the surveillance

or monitoring.