Okla. Stat. tit. 47, § 47-565.2v2 — OK Code / Title 47 / Section 47-565.2v2
Termination, cancellation or nonrenewal of new motor
Status: in_force

vehicle or new powersports vehicle dealer franchise.

A. Irrespective of the terms, provisions, or conditions of any

franchise, or the terms or provisions of any waiver, no manufacturer

shall terminate, cancel, or fail to renew any franchise with a

licensed new motor vehicle dealer or new powersports vehicle dealer

unless the manufacturer has satisfied the notice requirements as

provided in this section and has good cause for cancellation,

termination, or nonrenewal. The manufacturer shall not attempt to

cancel or fail to renew the franchise agreement of a new motor

vehicle dealer in this state unfairly and without just provocation

or without due regard to the equities of the dealer or without good

faith as defined herein. As used herein, "good faith" means the

duty of each party to any franchise agreement to act in a fair and

equitable manner toward each other, with freedom from coercion or

intimidation or threats thereof from each other.

B. Irrespective of the terms, provisions, or conditions of any

franchise, or the terms or provisions of any waiver, good cause

shall exist for the purpose of a termination, cancellation, or

nonrenewal when:

1. The new motor vehicle dealer or new powersports vehicle

dealer has failed to comply with a provision of the franchise, which

provision is both reasonable and of material significance to the

franchise relationship, or the new motor vehicle dealer or new

powersports vehicle dealer has failed to comply with reasonable

performance criteria for sales or service established by the

manufacturer, and the new motor vehicle dealer or new powersports

vehicle dealer has been notified by written notice from the

manufacturer; and

2. The new motor vehicle dealer or new powersports vehicle

dealer has received written notification of failure to comply with

the manufacturer's reasonable sales performance standards,

capitalization requirements, facility commitments, business-related

equipment acquisitions, or other such remediable failings exclusive

of those reasons enumerated in paragraph 1 of subsection C of this

section, and the new motor vehicle dealer or new powersports vehicle

dealer has been afforded a reasonable opportunity of not less than

six (6) months to comply with such a provision or criteria.

C. Irrespective of the terms, provisions, or conditions of any

franchise agreement prior to the termination, cancellation, or

nonrenewal of any franchise, the manufacturer shall furnish

notification of such termination, cancellation, or nonrenewal to the

new motor vehicle dealer or new powersports vehicle dealer and the

Oklahoma New Motor Vehicle Commission as follows:

1. Not less than ninety (90) days prior to the effective date

of the termination, cancellation, or nonrenewal unless for a cause

described in paragraph 2 of this subsection;

Oklahoma Statutes - Title 47. Motor Vehicles Page 831

2. Not less than fifteen (15) days prior to the effective date

of the termination, cancellation, or nonrenewal with respect to any

of the following:

a. insolvency of the new motor vehicle dealer or new

powersports vehicle dealer, or the filing of any

petition by or against the new motor vehicle dealer or

new powersports vehicle dealer under any bankruptcy or

receivership law,

b. failure of the new motor vehicle dealer or new

powersports vehicle dealer to conduct its customary

sales and service operations during its customary

business hours for seven (7) consecutive business

days, provided that such failure to conduct business

shall not be due to an act of God or circumstances

beyond the direct control of the new vehicle dealer,

or

c. conviction of the new vehicle dealer or new

powersports vehicle dealer of any felony which is

punishable by imprisonment or a violation of the

Federal Odometer Act; and

3. Not less than one hundred eighty (180) days prior to the

effective date of the termination or cancellation where the

manufacturer or distributor is discontinuing the sale of the product

line.

The notification required by this subsection shall be by

certified mail, return receipt requested, and shall contain a

statement of intent to terminate, to cancel, or to not renew the

franchise, a statement of the reasons for the termination,

cancellation, or nonrenewal and the date the termination shall take

effect.

D. Upon the affected new motor vehicle or new powersports

vehicle dealer's receipt of the aforementioned notice of

termination, cancellation, or nonrenewal, the new motor vehicle

dealer shall have the right to file a protest of such threatened

termination, cancellation, or nonrenewal with the Commission within

thirty (30) days and request a hearing. The hearing shall be held

within one hundred eighty (180) days of the date of the timely

protest by the dealer and in accordance with the provisions of the

Administrative Procedures Act, Sections 250 through 323 of Title 75

of the Oklahoma Statutes, to determine if the threatened

cancellation, termination, or nonrenewal of the franchise has been

for good cause and if the factory has complied with its obligations

pursuant to subsections A, B, and C of this section and the factory

shall have the burden of proof. Either party may request an

additional one-hundred-eighty-day extension of the hearing date from

the Commission. Approval of the requested extension may not be

unreasonably withheld or delayed. If the Commission finds that the

Oklahoma Statutes - Title 47. Motor Vehicles Page 832

threatened cancellation, termination, or nonrenewal of the franchise

has not been for good cause or violates subsection A, B, or C of

this section, then it shall issue a final order stating that the

threatened termination is wrongful. A factory shall have the right

to appeal such order. During the pendency of the hearing and after

the decision, the franchise shall remain in full force and effect,

including the right to transfer the franchise. If the Commission

finds that the threatened cancellation, termination, or nonrenewal

is for good cause and does not violate subsection A, B, or C of this

section, the new motor vehicle or new powersports vehicle dealer

shall have the right to an appeal. During the pendency of the

action, including the final decision or appeal, the franchise shall

remain in full force and effect, including the right to transfer the

franchise. If the dealer prevails in the threatened termination

action, the Commission shall award to the dealer the attorney fees

and costs incurred to defend the action.

E. If the factory prevails in an action to terminate, cancel,

or not renew any franchise, the new motor vehicle or new powersports

vehicle dealer shall be allowed fair and reasonable compensation by

the manufacturer for:

1. New, current, and previous model year vehicle inventory

which has been acquired from the manufacturer, and which is unused

and has not been damaged or altered while in the dealer's

possession;

2. Supplies and parts which have been acquired from the

manufacturer, for the purpose of this section, limited to any and

all supplies and parts that are listed on the current parts price

sheet available to the dealer;

3. Equipment and furnishings, provided the dealer purchased

them from the manufacturer or its approved sources; and

4. Special tools, with such fair and reasonable compensation to

be paid by the manufacturer within ninety (90) days of the effective

date of the termination, cancellation, or nonrenewal, provided the

dealer has clear title to the inventory and other items and is in a

position to convey that title to the manufacturer.

a. For the purposes of paragraph 1 of this subsection,

fair and reasonable compensation shall be no less than

the net acquisition price of the vehicle paid by the

dealer.

b. For the purposes of paragraphs 2, 3, and 4 of this

subsection, fair and reasonable compensation shall be

the net acquisition price paid by the dealer less a

twenty-percent (20%) straight-line depreciation for

each year following the dealer's acquisition of the

supplies, parts, equipment, furnishings, and/or

special tools.

Oklahoma Statutes - Title 47. Motor Vehicles Page 833

F. If a factory prevails in an action to terminate, cancel, or

not renew any franchise and the new motor vehicle or new powersports

vehicle dealer is leasing the dealership facilities, the

manufacturer shall pay a reasonable rent to the lessor in accordance

with and subject to the provisions of subsection G of this section.

Nothing in this section shall be construed to relieve a new motor

vehicle or new powersports vehicle dealer of its duty to mitigate

damages.

G. 1. Such reasonable rental value shall be paid only to the

extent the dealership premises are recognized in the franchise and

only if they are:

a. used solely for performance in accordance with the

franchise. If the facility is used for the operation

of more than one franchise, the reasonable rent shall

be paid based upon the portion of the facility

utilized by the franchise being terminated, canceled,

or nonrenewed, and

b. not substantially in excess of facilities recommended

by the manufacturer.

2. If the facilities are owned by the new motor vehicle or new

powersports vehicle dealer, within ninety (90) days following the

effective date of the termination, cancellation, or nonrenewal, the

manufacturer will either:

a. locate a qualified purchaser who will offer to

purchase the dealership facilities at a reasonable

price,

b. locate a qualified lessee who will offer to lease the

premises for the remaining lease term at the rent set

forth in the lease, or

c. failing the foregoing, lease the dealership facilities

at a reasonable rental value for the portion of the

facility that is recognized in the franchise agreement

for one (1) year.

3. If the facilities are leased by the new motor vehicle or new

powersports vehicle dealer, within ninety (90) days following the

effective date of the termination, cancellation, or nonrenewal the

manufacturer will either:

a. locate a tenant or tenants satisfactory to the lessor,

who will sublet or assume the balance of the lease,

b. arrange with the lessor for the cancellation of the

lease without penalty to the dealer, or

c. failing the foregoing, lease the dealership facilities

at a reasonable rent for the portion of the facility

that is recognized in the franchise agreement for one

(1) year.

Oklahoma Statutes - Title 47. Motor Vehicles Page 834

4. The manufacturer shall not be obligated to provide

assistance under this section if the new motor vehicle or new

powersports vehicle dealer:

a. fails to accept a bona fide offer from a prospective

purchaser, sublessee, or assignee,

b. refuses to execute a settlement agreement with the

lessor if such agreement with the lessor would be

without cost to the dealer, or

c. fails to make written request for assistance under

this section within ninety (90) days after the

effective date of the termination, cancellation, or

nonrenewal.

5. The manufacturer shall be entitled to occupy and use any

space for which it pays rent required by this section.

H. In addition to the repurchase requirements set forth in

subsections E and G of this section, in the event the termination or

cancellation is the result of a discontinuance of a product line,

the manufacturer or distributor shall compensate the new motor

vehicle or new powersports vehicle dealer in an amount equivalent to

the fair market value of the terminated franchise as of the date

immediately preceding the manufacturer's or distributor's

announcement or provide the dealer with a replacement franchise on

substantially similar terms and conditions as those offered to other

same line-make dealers. The dealer may immediately request payment

under this section following the announcement in exchange for

canceling any further franchise rights, except payments owed to the

new motor vehicle dealer in the ordinary course of business, or may

request payment under this section upon the final termination,

cancellation, or nonrenewal of the franchise. In either case,

payment under this section shall be made not later than ninety (90)

days after the fair market value is determined. If the factory and

dealer cannot agree on the fair market value of the terminated

franchise or agree to a process to determine the fair market value,

then the factory and dealer shall utilize a neutral third-party

mediator to resolve the disagreement.
Okla. Stat. tit. 47, § 47-2-303.1 — OK Code / Title 47 / Section 47-2-303.1
Duties of board - Investments - Liability insurance -
Status: in_force

Investment managers - Custodial services - Reports - Legal services

- Confidentiality.

A. The Oklahoma Law Enforcement Retirement Board shall

discharge its duties with respect to the System solely in the

interest of the participants and beneficiaries and:

1. For the exclusive purpose of:

a. providing benefits to participants and their

beneficiaries, and

b. defraying reasonable expenses of administering the

System;

2. With the care, skill, prudence, and diligence under the

circumstances then prevailing that a prudent person acting in a like

capacity and familiar with such matters would use in the conduct of

an enterprise of a like character and with like aims;

3. By diversifying the investments of the System so as to

minimize the risk of large losses, unless under the circumstances it

is clearly prudent not to do so; and

4. In accordance with the laws, documents and instruments

governing the System.

B. The Board may procure insurance indemnifying the members of

the Board from personal loss or accountability from liability

resulting from a member's action or inaction as a member of the

Board.

C. The Board may establish an investment committee. The

investment committee shall be composed of not more than five (5)

members of the Board appointed by the president of the Board. The

committee shall make recommendations to the full Board on all

matters related to the choice of custodians and managers of the

assets of the System, on the establishment of investment and fund

management guidelines, and in planning future investment policy.

The committee shall have no authority to act on behalf of the Board

in any circumstances whatsoever. No recommendation of the committee

shall have effect as an action of the Board nor take effect without

the approval of the Board as provided by law.

D. The Board shall retain qualified investment managers to

provide for the investment of the monies of the System. The

investment managers shall be chosen by a solicitation of proposals

on a competitive bid basis pursuant to standards set by the Board.

Subject to the overall investment guidelines set by the Board, the

investment managers shall have full discretion in the management of

those monies of the System allocated to the investment managers.

The Board shall manage those monies not specifically allocated to

the investment managers. The monies of the System allocated to the

investment managers shall be actively managed by the investment

managers, which may include selling investments and realizing losses

if such action is considered advantageous to longer term return

Oklahoma Statutes - Title 47. Motor Vehicles Page 123

maximization. Because of the total return objective, no distinction

shall be made for management and performance evaluation purposes

between realized and unrealized capital gains and losses.

E. All assets of the System shall be held in trust for the

exclusive purpose of providing benefits for the members and

beneficiaries of the System, including defraying reasonable expenses

of administering the System, and shall not be encumbered for or

diverted to any other purposes. Funds and revenues for investment

by the investment managers or the Board shall be placed with a

custodian selected by the Board. The custodian shall be a bank or

trust company offering pension fund master trustee and master

custodial services, and any related custodial agreement or trust

agreement is incorporated herein by reference. The custodian shall

be chosen by a solicitation of proposals on a competitive bid basis

pursuant to standards set by the Board. In compliance with the

investment policy guidelines of the Board, the custodian bank or

trust company shall be contractually responsible for ensuring that

all monies of the System are invested in income-producing investment

vehicles at all times. If a custodian bank or trust company has not

received direction from the investment managers of the System as to

the investment of the monies of the System in specific investment

vehicles, the custodian bank or trust company shall be contractually

responsible to the Board for investing the monies in appropriately

collateralized short-term interest-bearing investment vehicles. Any

assets of the System may be invested in a collective investment fund

or in a group trust provided the investment in such collective

investment fund or group trust is in compliance with the provisions

of Rev. Rul. 81-100, as further amended by Rev. Rul. 2004-67, Rev.

Rul. 2008-40, and Rev. Rul. 2011-1, or any successor ruling,

regulation, or similar pronouncement. Each such collective

investment fund or group trust is adopted with respect to any monies

invested therein, as part of the System, its trust and custodial

agreement, and the provisions of such trust agreement or such

declaration of trust and related adoption, participation, investment

management, subtrust or other agreements, as amended from time to

time, with respect to any monies invested therein, are incorporated

by reference into the System, its trust agreement(s) or custodial

agreement(s), upon approval by the Board.

F. Prior to August 1 of each year, the Board shall develop a

written investment plan for the System.

G. The Board shall compile a quarterly financial report of all

the funds of the System on a fiscal year basis. The report shall be

compiled pursuant to uniform reporting standards prescribed by the

Oklahoma State Pension Commission for all state retirement systems.

The report shall include several relevant measures of investment

value, including acquisition cost and current fair market value with

appropriate summaries of total holdings and returns. The report

Oklahoma Statutes - Title 47. Motor Vehicles Page 124

shall contain combined and individual rate of returns of the

investment managers by category of investment, over periods of time.

The Board shall include in the quarterly reports all commissions,

fees or payments for investment services performed on behalf of the

Board. The report shall be distributed to the Governor, the

Oklahoma State Pension Commission, the Legislative Service Bureau,

the Speaker of the House of Representatives and the President Pro

Tempore of the Senate.

H. After July 1 and before October 31 of each year, the Board

shall publish widely an annual report presented in simple and easily

understood language pursuant to uniform reporting standards

prescribed by the Oklahoma State Pension Commission for all state

retirement systems. The report shall be submitted to the Governor,

the Speaker of the House of Representatives, the President Pro

Tempore of the Senate, the Oklahoma State Pension Commission and the

members of the System. The annual report shall cover the operation

of the System during the past fiscal year, including income,

disbursements, and the financial condition of the System at the end

of the fiscal year. The annual report shall also contain the

information issued in the quarterly reports required pursuant to

subsection G of this section as well as a summary of the results of

the most recent actuarial valuation to include total assets, total

liabilities, unfunded liability or over funded status, contributions

and any other information deemed relevant by the Board. The annual

report shall be written in such a manner as to permit a readily

understandable means for analyzing the financial condition and

performance of the System for the fiscal year. The annual financial

statements must be audited and filed in accordance with the

requirements set forth for financial statement audits in Section

212A of Title 74 of the Oklahoma Statutes.

I. The Board may retain an attorney licensed to practice law in

this state. The attorney shall serve at the pleasure of the Board

for such compensation as set by the Board. The Attorney General

shall furnish such legal services as may be requested by the Board.

J. All information, documents and copies thereof contained in a

member's retirement file shall be given confidential treatment and

shall not be made public by the System without the prior written

consent of the member to which it pertains, but shall be subject

only to court order. Provided, the System, its employees or

attorneys, may use such records in defense of any action brought

against the System.

K. Effective July 1, 1999, the Board is hereby authorized to do

all acts and things necessary and proper to carry out the purpose of

the System and to make the least costly amendments and changes, if

any, as may be necessary to qualify the System under the applicable

sections of the Internal Revenue Code of 1986, as amended.

Oklahoma Statutes - Title 47. Motor Vehicles Page 125

L. The Executive Director and such employees of the System as

the Executive Director may designate are hereby authorized to

prepare certified copies of records of the System and every such

certified copy shall be admissible in any proceeding in any court in

like manner as the original thereof.

M. On or after July 1, 2011, the Board may permit, effective

for applicable notices, elections and consents provided or made for

a member, beneficiary, alternate payee or individual entitled to

benefits under the System, the use of electronic media to provide

applicable notices and make such elections and consents as described

in Section 1.401(a)-21 of the Income Tax Regulations.

N. The Board shall develop such procedures and may require such

information from the distributing plan as it deems necessary to

reasonably conclude that a potential rollover contribution is a

valid rollover contribution under Section 1.401(a)(31)-1, Q&A-

14(b)(2), of the Income Tax Regulations.
Okla. Stat. tit. 47, § 47-11-902v1 — OK Code / Title 47 / Section 47-11-902v1
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 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:

Oklahoma Statutes - Title 47. Motor Vehicles Page 520

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 administered within

two (2) hours after the arrest of such person;

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 test

of such person's blood, saliva, urine or any other bodily fluid

administered within two (2) hours after the arrest of such person;

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. The timing requirement for

the administration of tests pursuant to Section 756 of this title

shall not apply to this paragraph; 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. The timing requirement

for the administration of tests pursuant to Section 756 of this

title shall not apply to this paragraph.

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 G 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 said

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

Oklahoma Statutes - Title 47. Motor Vehicles Page 521

felony and shall participate in an assessment and evaluation

pursuant to subsection G 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,

or

b. placement in the custody of the Department of

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

exceed five (5) years and a fine of not more than Two

Thousand Five Hundred Dollars ($2,500.00), or

c. treatment, imprisonment and a fine within the

limitations prescribed in subparagraphs a and b of

this paragraph.

However, if the treatment in subsection G 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 G 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,

two hundred forty (240) hours of community service and

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, or

b. placement in the custody of the Department of

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

exceed ten (10) years and a fine of not more than Five

Thousand Dollars ($5,000.00), or

c. treatment, imprisonment and a fine within the

limitations prescribed in subparagraphs a and b of

this paragraph.

However, if the treatment in subsection G 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

Oklahoma Statutes - Title 47. Motor Vehicles Page 522

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 G 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 at the defendant's expense, four

hundred eighty (480) hours of community service, and

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, for

a minimum of thirty (30) days, or

b. placement in the custody of the Department of

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

exceed twenty (20) years and a fine of not more than

Five Thousand Dollars ($5,000.00), or

c. treatment, imprisonment and a fine within the

limitations prescribed in subparagraphs a and b of

this paragraph.

However, if the person does not undergo residential or inpatient

treatment pursuant to subsection G 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 of 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 with a blood or breath alcohol concentration of

fifteen-hundredths (0.15) or more pursuant to this section shall be

deemed guilty of aggravated driving under the influence. A person

convicted of aggravated driving under the influence shall

Oklahoma Statutes - Title 47. Motor Vehicles Page 523

participate in an assessment and evaluation pursuant to subsection G

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

testing at the defendant's expense; and

2. 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 ninety (90)

days.

E. 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:

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.

F. The Department of Public Safety is hereby authorized to

reinstate any suspended or revoked driving privilege when the person

meets the statutory requirements which affect the existing driving

privilege.

G. 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,

Oklahoma Statutes - Title 47. Motor Vehicles Page 524

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 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, the Department of Public

Safety 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.

H. 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

Oklahoma Statutes - Title 47. Motor Vehicles Page 525

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.

I. 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.

J. 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.

K. 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 a one-hundred-dollar

assessment to be deposited in the Drug Abuse Education and Treatment

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

Oklahoma Statutes, upon collection.

L. 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.

M. 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.

N. 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)

Oklahoma Statutes - Title 47. Motor Vehicles Page 526

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, § 47-11-805.1 — OK Code / Title 47 / Section 47-11-805.1
Low-speed electrical vehicles – Restrictions on
Status: in_force

operation.

A. No person shall operate any low-speed electrical vehicle on

any street or highway with a posted speed limit greater than thirty-

five (35) miles per hour.

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

prohibit a low-speed vehicle from crossing a street or highway with

a posted speed limit greater than thirty-five (35) miles per hour.

C. This section shall not prevent a city from adopting any

ordinance that would further restrict low-speed electrical vehicles

from operating on certain city-owned streets in order to ensure the

public health and safety.

D. This section shall be a part of and supplemental to the

rules of the road as provided in Section 11-101 et seq. of Title 47

of the Oklahoma Statutes.
Okla. Stat. tit. 47, § 47-591.8 — OK Code / Title 47 / Section 47-591.8
Transfer of certificate of title - Salvage or junked
Status: in_force

title - Inspection of certificates of title and vehicles -

Destruction of license plates - Reporting of vehicle identification

numbers - Time limit.

A. An automotive dismantler and parts recycler, duly licensed

by this act, shall have the authority to transfer the certificate of

title to a motor vehicle as a dealer. Prior to the sale of any motor

vehicles at salvage pools or salvage disposal sales, a salvage title

or junked title shall be issued for any salvage or junked vehicle as

defined in Section 1105 of this title.

B. Any and all certificates of title, whether original,

salvage, rebuilt, or junked titles, salvage certificates, other

certificates of ownership, or ownership records, as approved by the

Oklahoma Tax Commission, to vehicles owned by a licensed automotive

dismantler and parts recycler, which vehicles have been dismantled,

destroyed, or otherwise processed so that the vehicles are no longer

capable of being used as motor vehicles, shall be inspected by

properly identified employees or agents of the Oklahoma Used Motor

Vehicle, Dismantler, and Manufactured Housing Commission, at least

Oklahoma Statutes - Title 47. Motor Vehicles Page 914

annually, at the place of business of the licensed automotive

dismantler and parts recycler. Upon verification that the vehicle

is no longer capable of being used as a motor vehicle, the employee

or agent of the Commission shall remove the license plate and the

certificate of title, salvage certificate, other certificate of

ownership or ownership record from the licensed automotive

dismantler and parts recycler. The Commission shall destroy the

license plate and deliver the certificates and ownership records to

the Oklahoma Tax Commission.

C. Each licensed automotive dismantler and parts recycler that

dismantles, destroys, or otherwise processes vehicles so that the

vehicles are no longer capable of being used as motor vehicles, each

month, shall report the vehicle identification numbers of the

vehicles to the Oklahoma Tax Commission, upon forms prescribed by

the Oklahoma Tax Commission. The report shall include any vehicle

which is a hull, junked, abandoned or not a complete, self-

propelling vehicle, if there is a vehicle identification number for

the incomplete vehicle. The Oklahoma Tax Commission shall cancel

said certificates of title. The vehicle identification numbers on

the certificates of titles, salvage titles, other certificates of

ownership or ownership records to motor vehicles no longer capable

of being used as motor vehicles shall be preserved in the computer

files of the Oklahoma Tax Commission for at least five (5) years

from the date the certificates of title are delivered by the

Commission to the Oklahoma Tax Commission.

D. Each vehicle or incomplete vehicle required to be reported

to the Oklahoma Tax Commission by this section shall be reported on

or before the fifteenth day of the next succeeding month after the

month in which the vehicle or incomplete vehicle was received by the

licensed automotive dismantler and parts recycler. Each vehicle or

incomplete vehicle, which is incapable of operation or use on the

public roads or has no resale value except as a source of parts,

scrap or junk or has an eighty percent (80%) loss in fair market

value, possessed by a licensed automotive dismantler and parts

recycler on the effective date of this act shall be reported to the

Oklahoma Tax Commission within ninety (90) days. The vehicle

identification numbers on all reported vehicles shall be preserved

in the computer of the Oklahoma Tax Commission for at least five (5)

years, even if the ownership records may have been previously

destroyed or surrendered to the Oklahoma Tax Commission.

E. If the vehicle identification number for a vehicle, which is

incapable of operation or use on the public roads and has no resale

value except as a source of parts, scrap or junk or has an eightyand vehicles - Destruction of license plates - Reporting of vehicle identification numbers - Timereserved

in the computer of the Oklahoma Tax Commission for at least five (5)

years, even if the ownership records may have been previously

destroyed or surrendered to the Oklahoma Tax Commission.

E. If the vehicle identification number for a vehicle, which is

incapable of operation or use on the public roads and has no resale

value except as a source of parts, scrap or junk or has an eighty

percent (80%) loss in fair market value, is not reported to the

Oklahoma Tax Commission, the licensed automotive dismantler and

parts recycler shall be required to obtain a junked title for said

vehicle. An Oklahoma licensed automotive dismantler and parts

Oklahoma Statutes - Title 47. Motor Vehicles Page 915

recycler shall not be required to obtain a junked title for a junked

vehicle or any other vehicle which is dismantled, destroyed or

otherwise processed so that the vehicle is no longer capable of

being operated or used on the public roads, if the vehicle is

reported to the Oklahoma Tax Commission.
Okla. Stat. tit. 47, § 47-11-1401.2 — OK Code / Title 47 / Section 47-11-1401.2
Oklahoma Electronic Toll Collection Act -
Status: in_force

Definitions - Imposition of toll evasion violation penalties.

A. For purposes of this section:

1. "Authority" means the Oklahoma Turnpike Authority;

2. "Department" means the Department of Public Safety;

3. "Electronic toll collection system" means a system of

collecting tolls or charges which is capable of charging an account

holder the appropriate toll or charge by transmission of information

from an electronic device on a motor vehicle to the toll lane, which

information is used to charge the account the appropriate toll or

charge;

4. "Owner" means any person, corporation, partnership, firm,

agency, association, or organization who, at the time of the

violation and with respect to the vehicle identified in the notice

of toll evasion violation:

a. is the beneficial or equitable owner of the vehicle,

b. has title to the vehicle,

c. is the registrant or coregistrant of the vehicle which

is registered with Service Oklahoma or a similar

registering agency of any other state, territory,

district, province, nation or other jurisdiction,

d. uses the vehicle in its vehicle renting businesses, or

Oklahoma Statutes - Title 47. Motor Vehicles Page 588

e. is a person entitled to the use and possession of a

vehicle subject to a security interest in another

person;

5. "Photo-monitoring system" means a vehicle sensor installed

to work in conjunction with a toll collection facility which

automatically produces one or more photographs, one or more

microphotographs, a videotape or other recorded images of each

vehicle at the time it is used or operated on the turnpikes under

the Authority's jurisdiction;

6. "Toll collection regulations" means those rules and

regulations of the Oklahoma Turnpike Authority or statutes providing

for and requiring the payment of tolls and/or charges prescribed by

the Authority for the use of turnpikes under its jurisdiction or

those rules and regulations of the Authority or statutes making it

unlawful to refuse to pay or to evade or to attempt to evade the

payment of all or part of any toll and/or charge for the use of

turnpikes under the jurisdiction of the Authority;

7. "Toll evasion violation" means a failure to comply with the

Authority's toll collection regulations, including the failure to

pay an invoice submitted by the Authority via its video toll

collection system;

8. "Vehicle" means every device in, upon or by which a person

or property is or may be transported or drawn upon a highway, except

devices used exclusively upon stationary rails or tracks;

9. "Video toll collection system" means a photo-monitoring

system used to charge and collect tolls from owners of vehicles

imaged using the turnpike system. The owner of a vehicle imaged by

the photo-monitoring system may or may not be an Authority account

holder; and

10. "Video toll collection system account" means the

administrative assignment of all vehicles registered to an owner to

an account for efficient billing of the appropriate toll or charge

to an owner.

B. 1. Notwithstanding any other provision of law, there shall

be imposed monetary liability on the owner of a vehicle for failure

of an operator thereof to comply with the toll collection

regulations of the Oklahoma Turnpike Authority in accordance with

the provisions of this section.

2. An owner's vehicle shall be registered with Service Oklahoma

or a similar registering agency of this state or any other state,

territory, district, province, nation or other jurisdiction that

permits access to owner registration information upon request by or

agreement with the Authority for the purpose of carrying out the

Authority's governmental functions. If a registering agency does

not permit access to the Authority, an owner may comply by direct

registration with the Authority.

Oklahoma Statutes - Title 47. Motor Vehicles Page 589

3. a. The owner of a vehicle shall be liable for a civil

penalty imposed pursuant to this section if the

vehicle was used or operated with the permission of

the owner, express or implied, in violation of the

toll collection regulations, and such violation is

evidenced by information obtained from a photo-

monitoring system.

b. No owner of a vehicle shall be liable for a penalty

imposed pursuant to this section where the operator of

the vehicle has been convicted of failing to pay a

cash toll, in violation of toll collection

regulations, for the same incident.

c. An owner or operator of a vehicle is subject to a

charge by the Department or other law enforcement

agency for an owner's failure to timely pay an invoice

for tolls and/or charges submitted by the Authority

through its video toll collection system.

4. A certificate, sworn to or affirmed by an agent of the

Authority, or facsimile thereof, based upon inspection of

photographs, microphotographs, videotape or other recorded images

produced by a photo-monitoring system shall be prima facie evidence

of the facts contained therein and shall be admissible in any

proceeding charging a violation of toll collection regulations. The

photographs, microphotographs, videotape or other recorded images

evidencing such a violation shall be available for inspection and

admission into evidence in any proceeding to adjudicate the

liability for the violation. Each photo-monitoring system shall be

checked bimonthly for accuracy, and shall be maintained, adjusted or

replaced if necessary to ensure the systems are operating properly.

5. An owner found liable for a violation of toll collection

regulations pursuant to this section shall be liable for a monetary

penalty of Twenty-five Dollars ($25.00) for each violation.

Liability for this monetary penalty does not abrogate an owner's

obligation to pay toll charges associated with the violation, and

the Authority may pursue collection of such unpaid toll charges

pursuant to this section.

6. An imposition of liability pursuant to this section shall be

based upon a preponderance of evidence as submitted. An imposition

of liability pursuant to this section shall not be deemed a

conviction as an operator and shall not be made part of the motor

vehicle operating record of the person upon whom such liability is

imposed nor shall it be used for insurance purposes in the provision

of motor vehicle insurance coverage.

7. a. A notice of toll evasion violation shall be sent by

regular first-class mail to each person alleged to be

liable as an owner for a violation of toll collection

regulations. The notice shall be mailed no later than

Oklahoma Statutes - Title 47. Motor Vehicles Page 590

forty-five (45) days after the alleged violation. A

manual or automatic record of mailing prepared in the

ordinary course of business shall be prima facie

evidence of the receipt of the notice.

b. A notice of toll evasion violation shall contain the

name and address of the person alleged to be liable as

an owner for a violation of toll collection

regulations pursuant to this section, the registration

or the license tag number of the vehicle involved in

the violation, the location where the photo-monitoring

system recorded the vehicle's image, the date and time

of the image, the identification number of the photo-

monitoring system which recorded the image or other

document locator number and the nature of the

violation.

c. Notice of toll evasion violation shall be prepared and

mailed by the Authority or its agents and shall

contain information advising the person of the

applicable monetary penalty and method of payment

thereof and the manner and the time in which the

person may contest the liability alleged in the

notice. The notice of toll evasion violation shall

contain, or be accompanied with, an affidavit of

nonliability and information of what constitutes

nonliability, information as to the effect of

executing the affidavit and instructions for returning

the affidavit to the Authority and shall also contain

a warning to advise the persons charged that failure

to contest in the manner and time provided shall be

deemed an admission of liability and that the penalty

shall be imposed and may be collected as authorized by

law. In addition to the notice required by

subparagraph a of this paragraph, the Authority may

elect to send a subsequent notice of toll evasion

violation by certified mail or other comparable form

of private or public delivery service. Such notice

shall contain a statement to the registered owner

that, unless the registered owner pays the toll

evasion penalty or contests the notice within twenty-

one (21) days after receipt of the certified mail

notice of toll evasion violation or completes and

files the affidavit of nonliability, the renewal of

the vehicle registration shall be contingent upon

compliance with the notice of toll evasion violation.

d. If the toll evasion penalty is received by the

Authority and there is no contest as to that toll

Oklahoma Statutes - Title 47. Motor Vehicles Page 591

evasion violation, the proceedings under this section

shall terminate.

e. If the registered owner fails to pay the toll evasion

penalty as required in this section, or fails to

contest the notice of toll evasion violation issued

pursuant to subparagraph c of this paragraph as

provided in subparagraph a of paragraph 8 of this

subsection, the registered owner shall be deemed

liable for the violation by operation of law. The

toll evasion penalty and any administrative fees or

charges shall be considered a debt due and owing the

Authority by the registered owner and the Authority

may proceed to collect such penalty, fees or charges

under paragraph 10 of this subsection.

8. a. Within twenty-one (21) days after receipt of a notice

of toll evasion violation a person may contest a

notice of toll evasion violation. In that case, the

Authority shall do the following:

(1) the Authority shall investigate the circumstances

of the notice with respect to the contestant's

written explanation of reasons for contesting the

toll evasion violation. If, based upon the

results of the investigation, the Authority is

satisfied that the violation did not occur or

that the registered owner was not responsible for

the violation, the Authority shall maintain an

adequate record of the findings of the

investigation. Within thirty (30) days of

receipt of a notice of contest the Authority

shall complete such investigation and mail the

results of the investigation to the person who

contested the notice of toll evasion violation,

and

(2) if the person contesting a notice of toll evasion

violation is not satisfied with the results of

the investigation provided for in division (1) of

this subparagraph, the person may, within fifteen

(15) days of the mailing of the results of the

investigation, deposit the amount of the toll

evasion penalty and request an administrative

review. An administrative review shall be held

within ninety (90) calendar days following the

receipt of a request for an administrative

review, excluding any continuance time. The

person requesting the review may request and

shall be allowed one continuance, not to exceed

twenty-one (21) calendar days.

Oklahoma Statutes - Title 47. Motor Vehicles Page 592

b. The administrative review procedure shall consist of

the following:

(1) the person requesting an administrative review

shall indicate to the Authority his or her

election for a review by mail or personal

conference and may provide materials in support

of the contest of the results of the

investigation,

(2) upon ten (10) days' written notice mailed to the

contestant, the administrative review shall be

conducted before an examiner designated to

conduct review by the Authority's governing body

or Director of the Oklahoma Turnpike Authority.

In addition to any other requirements of

employment, an examiner shall demonstrate those

qualifications, training, and objectivity

prescribed by the Authority's governing body or

Director as are necessary and which are

consistent with the duties and responsibilities

set forth in this section and Section 11-1401.1

et seq. of this title,

(3) the officer or person authorized to issue a

notice of toll evasion violation shall be

required to participate in an administrative

review. The Authority shall not be required to

produce any evidence other than the notice of

toll evasion violation or copy thereof, a

photograph of the rear of the vehicle,

information received from Service Oklahoma

identifying the registered owner of the vehicle,

and a notarized statement from the person

reporting the violations. The documentation in

proper form shall be considered prima facie

evidence of the violation, and

(4) the review shall be conducted in accordance with

paragraph 6 of this subsection and in accordance

with the written procedure established by the

Authority which shall ensure fair and impartial

review of contested toll evasion violations. The

examiner's final decision shall be in writing and

shall be delivered personally or by registered

mail to the contestant within ten (10) days of

the review. A manual or automatic record of

mailing prepared in the ordinary course of

business shall be prima facie evidence of the

receipt of such decision.

Oklahoma Statutes - Title 47. Motor Vehicles Page 593

9. a. Within twenty (20) days after receipt of the final

decision described in division (4) of subparagraph b

of paragraph 8 of this subsection, the contestant may

seek review by filing an appeal to the district court

having jurisdiction in the county in which the

contestant lives, where the same shall be heard on the

record. A copy of the notice of appeal shall be

served in person or by first-class mail upon the

Authority by the contestants. For purposes of

computing the twenty-day period, the Code of Civil

Procedure, Section 2006 of Title 12 of the Oklahoma

Statutes, shall be applicable.

b. The conduct of the hearing on appeal under this

section is a subordinate judicial duty which may be

performed by referees, masters or other subordinate

judicial officials at the direction of the district

court.

c. If no notice of appeal of the Authority's decision is

filed within the period set forth in subparagraph a of

this paragraph, the examiner's decision shall be

deemed final.

10. Except as otherwise provided in paragraphs 11 and 12 of

this subsection, the Authority shall proceed under one or more of

the following options to collect an unpaid toll evasion penalty:

a. the Authority may file an itemization of unpaid toll

evasion penalties and administrative and service fees

with the Commission for collection at the time of

registration of the vehicle pursuant to paragraph 19

of this subsection, or

b. the Authority may contract with a collection agency to

collect unpaid toll evasion penalties, fees, and

charges.

11. The Authority shall not file a civil judgment with the

district court relating to a toll evasion violation which has been

filed with Service Oklahoma unless the Authority has determined that

the registration of the vehicle has not been renewed for sixty (60)

days beyond the renewal date and the notice has not been mailed by

Service Oklahoma pursuant to paragraph 19 of this subsection.

12. If an owner receives a notice of toll evasion violation

pursuant to this paragraph for any time period during which the

vehicle was reported to the police department as having been stolen,

it shall be a valid defense to an allegation of liability for a

violation of toll collection regulations that the vehicle had been

reported to the police as stolen prior to the time the violation

occurred and had not been recovered by such time. If an owner

receives a notice of toll evasion violation pursuant to this

paragraph for any time period during which the vehicle was stolen,

Oklahoma Statutes - Title 47. Motor Vehicles Page 594

but not yet reported to the police as having been stolen, it shall

be a valid defense to an allegation of liability for a violation of

toll collection regulations pursuant to this paragraph that the

vehicle was reported as stolen within two (2) hours after the

discovery of the theft by the owner. For purposes of asserting the

defense provided by this subsection it shall be sufficient that a

certified copy of the police report of the stolen vehicle be sent by

first-class mail to the Authority and the district court having

jurisdiction.

13. Subject to the review procedures contained in paragraph 8

of this subsection, an owner of a vehicle to which a notice of toll

evasion violation was issued pursuant to paragraph 7 of this

subsection shall not be liable for the violation of the toll

collection regulations provided that the owner sends to the

Authority the affidavit of nonliability described in paragraph 7 of

this subsection, within twenty-one (21) days after receiving the

original notice of toll evasion violation. Failure to send such

information within the time period shall render the owner liable for

the penalty prescribed by this section.

14. In connection with the preparation and mailing of a notice

of toll evasion violation, the Authority shall ensure adequate and

timely notice to all video toll collection system and electronic

toll collection system account holders to inform them when their

accounts are delinquent. An owner who is an account holder under

the video toll collection system or electronic toll collection

system shall not be found liable for a violation of this section

unless the Authority has first sent a notice of delinquency to the

account holder and the account holder was in fact delinquent at the

time of the violation.

15. Nothing in this section shall be construed to limit the

liability of an operator of a vehicle for any violation of toll

collection laws or regulations.

16. Notwithstanding any other provision of law, all

photographs, microphotographs, videotape or other recorded images

prepared pursuant to this section shall be for the exclusive use of

the Authority in the discharge of its duties under this section and

shall not be open to the public nor be used in any court in any

action or proceeding pending therein unless the action or proceeding

relates to:

a. the imposition of or indemnification for liability

pursuant to this section, or

b. an investigation or prosecution for a criminal

violation of the laws of the State of Oklahoma. Such

records shall be available to a law enforcement

officer or law enforcement agency for law enforcement

purposes related to an investigation or prosecution of

a criminal violation of the laws of the State of

Oklahoma Statutes - Title 47. Motor Vehicles Page 595

Oklahoma pursuant to a duly issued search warrant,

subpoena, or order of the court requiring such

disclosure to a law enforcement officer or agency.

17. The Authority shall not sell, distribute or make available

in any way, the names and addresses of video toll collection system

and electronic toll collection system account holders or Authority

patrons, without the consent of the account holders or patrons, to

any entity that will use the information for any commercial purpose.

18. a. Except as provided in subparagraph c of this

paragraph, Service Oklahoma shall refuse to renew the

registration of any vehicle if the registered owner or

lessee has been mailed by certified mail a notice of

toll evasion violation as provided in subparagraph c

of paragraph 7 of this subsection, the Authority has

transmitted to Service Oklahoma an itemization of

unpaid toll evasion penalties, including

administrative fees, pursuant to paragraph 10 of this

subsection, and the toll evasion penalty and

administrative fee have not been paid pursuant to

paragraph 9 of this subsection, unless the full amount

of all outstanding toll evasion penalties and

administrative fees, as shown by records of Service

Oklahoma are paid to Service Oklahoma at the time of

application for renewal.

b. The Authority shall issue a notice of disposition of

toll evasion violation to a lessor, if the lessor

provides the Authority with the name, address, and

driver license number of the lessee at the time of the

occurrence of the toll evasion violation.

c. Service Oklahoma shall renew the registration of any

vehicle if the applicant provides Service Oklahoma

with the notice of disposition of toll evasion

violation issued pursuant to subparagraph b of this

paragraph for clearing all outstanding toll evasion

penalties, fees and assessments, as shown by the

records of Service Oklahoma, and the applicant has met

all other requirements for registration.

19. Service Oklahoma shall include on each vehicle registration

renewal notice issued for use at the time of renewal, or on an

accompanying document, an itemization of unpaid toll evasion

penalties, fees and assessments, showing the amount thereof and the

date of toll evasion relating thereto, which the registered owner or

lessee is required to pay pursuant to paragraph 18 of this

subsection.

20. a. Except as provided in subparagraph b of this

paragraph, Service Oklahoma shall remit all toll

evasion penalties, fees and assessments collected,

Oklahoma Statutes - Title 47. Motor Vehicles Page 596

after deducting the administrative fee authorized by

paragraph 21 of this subsection, for each notice of

toll evasion violation for which toll evasion

penalties, fees and assessments have been collected

pursuant to paragraph 18 of this subsection, to the

Authority. Within forty-five (45) days from the time

penalties, fees and assessments are paid to Service

Oklahoma, Service Oklahoma shall inform the Authority

which of its notices of toll evasion violation have

been collected.

b. For each notice of toll evasion violation for which

toll evasion penalties, fees and assessments have been

collected by Service Oklahoma pursuant to paragraph 17

of this subsection, the Authority is due an amount

equal to the sum of the unpaid toll, administrative

fees, other costs incurred by the Authority that are

related to toll evasion, process service fees, and

fees and collection costs related to civil debt

collection. After deducting Service Oklahoma's

administrative fee authorized by paragraph 21 of this

subsection, Service Oklahoma shall promptly pay to the

Authority the amounts due the Authority for unpaid

tolls, administrative fees, other costs incurred by

the Authority that are related to toll evasion,

process service fees, and fees and collection costs

related to civil debt collection.

21. Service Oklahoma shall assess a fee for the recording of

the notice of toll evasion violation, which is given to Service

Oklahoma pursuant to paragraph 10 of this subsection, in an amount,

as determined by Service Oklahoma, that is sufficient to provide a

total amount equal to at least its actual costs of administering

paragraphs 18, 19 and 22 of this subsection.

22. Whenever a vehicle is transferred or not renewed for two

renewal periods and the former registered owner or lessee of the

vehicle owes a toll evasion penalty and administrative fees for a

notice of toll evasion violation filed with Service Oklahoma

pursuant to paragraph 10 of this subsection, Service Oklahoma shall

notify the Authority of that fact and is not required thereafter to

attempt collection of the toll evasion penalty and administrative

fees.

This legislation shall not be construed to affect in any way the

power which the Oklahoma Turnpike Authority possesses to establish

tolls and other charges in connection with their turnpike

facilities, including the authority to establish a one-way toll

collection system for any of its facilities or a toll discount

structure for certain classes of patrons using any of its

facilities.

Oklahoma Statutes - Title 47. Motor Vehicles Page 597
Okla. Stat. tit. 47, § 47-565v2 — OK Code / Title 47 / Section 47-565v2
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 or new powersports vehicle

dealer who:

a. has required a purchaser of a new motor vehicle or new

powersports 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 or new powersports vehicle

dealer,

b. uses any false or misleading advertising in connection

with business as a new motor vehicle dealer or new

powersports 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 or powersports vehicle,

e. has been convicted of a felony crime that

substantially relates to the occupation of a new motor

vehicle dealer or new powersports 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 new

powersports vehicles or has misrepresented the terms

Oklahoma Statutes - Title 47. Motor Vehicles Page 860

and conditions of a sale, purchase or contract for

sale or purchase of a new motor vehicle or new

powersports vehicle or any interest therein including

an option to purchase such vehicle,

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 vehicle salesperson who is not employed as such by a

licensed new motor vehicle dealer or powersports vehicle dealer;

7. Being a new motor vehicle dealer or new powersports 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 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 or utilizes the services of used motor vehicle

lots or dealers or other unlicensed persons or

unregistered persons in connection with the sale of

new vehicles,

e. does not properly service a new motor vehicle or new

powersports 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;

Oklahoma Statutes - Title 47. Motor Vehicles Page 861

8. Being a factory that has:

a. either induced or attempted to induce by means of

coercion or intimidation, any new motor vehicle dealer

or powersports vehicle dealer:

(1) to accept delivery of any 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

or powersports vehicle with special features,

appliances, accessories, or equipment not

included in the list price of the 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 or new powersports 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 or new powersports 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 dealer;

however, nothing in this section shall prohibit a

factory from supporting an advertising association

which is open to all new motor vehicle dealers or new

powersports 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,

Oklahoma Statutes - Title 47. Motor Vehicles Page 862

d. used a performance standard for measuring sales or

service performance of any new motor vehicle dealer or

new powersports vehicle dealer under the terms of the

franchise agreement which:

(1) is unfair, unreasonable, arbitrary, or

inequitable, and

(2) does not consider the relevant and material local

and state or regional criteria, including

prevailing economic conditions affecting the

sales or service performance of a vehicle dealer

or 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,

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 or new

powersports 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 or new powersports vehicle dealer to

enter into any agreement or to cancel any agreement;

has failed to act in good faith and in a fair,

Oklahoma Statutes - Title 47. Motor Vehicles Page 863

equitable, and nondiscriminatory manner; has directly

or indirectly coerced, 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 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 or new powersports 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

Oklahoma Statutes - Title 47. Motor Vehicles Page 864

one hundred (100) to produce a percentage. The new

motor vehicle dealer or new powersports vehicle dealer

shall calculate its retail labor rate by dividing the

amount of the new 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 or new powersports 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 vehicles owned by the new motor

vehicle dealer or new powersports 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 or new powersports vehicle

dealer pursuant to this section for a retail labor

rate or retail parts markup rate is substantially

higher than the new 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

vehicle dealer’s initial submission, all repair orders

closed within the period of thirty (30) days

Oklahoma Statutes - Title 47. Motor Vehicles Page 865

immediately preceding, or thirty (30) days immediately

following, the set of repair orders initially

submitted by the new motor vehicle 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 or new powersports vehicle dealer

does not agree with the proposed average percentage

markup or labor rate, the new 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 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 or

new powersports 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 vehicle

dealers within this state including a surcharge

Oklahoma Statutes - Title 47. Motor Vehicles Page 866

imposed on a new motor vehicle dealer solely intended

to recover the cost of reimbursing a dealer for parts

and labor pursuant to this section; provided, a

manufacturer or 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 or new powersports vehicle dealer to determine

the validity of paid claims for 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 or new

powersports 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 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 dealer; provided, that

the factory may require the dealer to provide, within

thirty (30) days of notice of charge-back, withholding

Oklahoma Statutes - Title 47. Motor Vehicles Page 867

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 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

Oklahoma Statutes - Title 47. Motor Vehicles Page 868

(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

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

Oklahoma Statutes - Title 47. Motor Vehicles Page 869

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

within the dealer’s existing franchise agreement or

which waives any right of the new motor vehicle dealer

or new powersports vehicle dealer as protected by

Section 561 et seq. of this title, or remodel,

renovate, or recondition the 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 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 vehicle that the

franchised new motor vehicle dealer or new powersports

vehicle dealer is authorized or licensed by the

franchisor to sell or service, requires a dealer to

construct a new facility or substantially renovate the

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 or new powersports

vehicle dealer voluntarily agrees to facility

construction or renovation in exchange for money,

credit, allowance, reimbursement, or additional

vehicle allocation to a dealer from the factory to

Oklahoma Statutes - Title 47. Motor Vehicles Page 870

compensate the 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 comply with a technology or safety

requirement which is necessary to sell or service a

motor vehicle or powersports vehicle that the

franchised dealer is authorized or licensed by the

franchisor to sell or service, a new 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,

f. requires a new motor vehicle dealer or new powersports

vehicle dealer to establish an exclusive facility,

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

Oklahoma Statutes - Title 47. Motor Vehicles Page 871

supported by valuable consideration separate from the

new motor vehicle dealer’s right to sell and service

motor vehicles for the franchisor,

g. requires a new motor vehicle dealer or new powersports

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 or new powersports vehicle dealer

for sales, incentives, or other payments related to a

vehicle sold by the dealer because the purchaser of

the new vehicle exported or resold the vehicle in

violation of the policy of the factory unless the

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

new vehicle dealer knew or reasonably should have

known of the purchaser’s intention to export or resell

the vehicle. There is a rebuttable presumption that

the new 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. requires a new motor vehicle dealer or new powersports

vehicle dealer to purchase goods or services for the

construction, renovation, or improvement of the new

dealer’s facility from a vendor chosen by the factory

if goods or services available from other sources are

of substantially similar quality 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 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 or new powersports vehicle dealer

to impair or eliminate a factory’s intellectual

property, trademark rights, or trade dress usage

Oklahoma Statutes - Title 47. Motor Vehicles Page 872

guidelines. Nothing in this section prohibits the

enforcement of a voluntary agreement between the

factory and the new vehicle dealer where separate and

valuable consideration has been offered and accepted;

10. Being a factory that:

a. establishes a system of motor vehicle allocation or

distribution which is unfair, inequitable, or

unreasonably discriminatory. Upon the request of any

new motor vehicle dealer or new powersports vehicle

dealer franchised by it, a factory shall disclose in

writing to the dealer the basis upon which new

vehicles are allocated, scheduled, and delivered among

the new motor vehicle dealers of the same line-make

for that factory, or

b. changes an established plan or system of new motor

vehicle or new powersports vehicle distribution. A

new motor vehicle dealer or new powersports 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 motor vehicles or new powersports

vehicles offered or previously offered for sale under

the franchise agreement. The appointment of a new

importer or distributor for motor vehicles or new

powersports vehicle 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 or new powersports 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 or new

powersports vehicle dealers with an active franchise

agreement for the other line-make in the state if such

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 vehicle dealer who is a

Oklahoma Statutes - Title 47. Motor Vehicles Page 873

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 or new powersports vehicles to any retail consumer in the

state except through a new motor vehicle dealer or new powersports

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

the new motor vehicle or new powersports vehicle. This paragraph

does not apply to factory sales of new 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 vehicle or from

establishing a program to sell or offer to sell new motor vehicles

or new powersports vehicle 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 new

powersports vehicle dealer or any person who

sells products or services pursuant to the terms

of the franchise agreement,

(2) operates or controls a new motor vehicle dealer

or new powersports vehicle dealer, or

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

dealer or new powersports vehicle dealer.

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

owning or controlling a new motor vehicle dealer

or new powersports 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 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 or new

powersports vehicle dealer for a period not to

exceed twelve (12) months during the transition

Oklahoma Statutes - Title 47. Motor Vehicles Page 874

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 or new

powersports 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 or powersports

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 or new

powersports vehicle dealerships selling the

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

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 or new

powersports 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 or new powersports vehicle dealers

licensed by the Oklahoma New Motor Vehicle

Commission to do business within the state,

and

Oklahoma Statutes - Title 47. Motor Vehicles Page 875

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

have furnished or made available to

prospective new 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 or new powersports

vehicle dealer, other than in composite form to new 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 or new powersports

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 or new powersports vehicle dealer for the purpose of

unfairly competing with dealers;

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

or new powersports vehicle dealer from relocating after a written

request by such 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 or new

powersports 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 or powersports vehicle

dealer’s relocation request to approve or deny the

request. The failure to approve or deny the request

Oklahoma Statutes - Title 47. Motor Vehicles Page 876

within the sixty-day time frame shall constitute

approval of the request;

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

or new powersports 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

or new powersports vehicles which the dealer had ordered for retail

consumers and notified the factory prior to the 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 or powersports 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 or

new powersports 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 or powersports vehicle dealer

without consent of the dealer, which consent shall not be

unreasonably withheld;

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

new powersports vehicle dealer the right of free association with

any other dealer for any lawful purpose, unless otherwise permitted

by this chapter; or

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

new powersports 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:

Oklahoma Statutes - Title 47. Motor Vehicles Page 877

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 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.

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

event of a proposed sale or transfer of a new motor vehicle

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. The manufacturer or distributor must notify the new motor

vehicle dealer of its intent to exercise the right of first refusal

in writing within sixty (60) days of receipt of the completed

proposal for the proposed sale or 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. If the proposed new motor vehicle dealership sale or

transfer includes the sale, transfer, or lease of the real property

and improvements thereon, then the right of first refusal shall

include the same terms for the purchase or lease of the real

property and all improvements thereon for not less than the

consideration the new motor vehicle dealer has contracted to receive

in connection with the proposed sale 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;

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

receipt of the written request of the factory for such an

Oklahoma Statutes - Title 47. Motor Vehicles Page 878

accounting. The accounting may be requested by a factory before

exercising its right of first refusal; and

5. a. For the purposes of this paragraph, “multi-dealership

transaction” means any proposed sale, transfer, or

assignment that involves two or more new motor vehicle

dealerships that are being sold as part of the same

overall transaction or a series of related

transactions intended by the parties to constitute a

single deal.

b. In a multi-dealership transaction, the selling dealer

may withdraw the proposed sale, transfer, or

assignment of the dealership that is subject to the

manufacturer’s or distributor’s right of first refusal

in response to the manufacturer’s or distributor’s

timely received notice of intent to exercise the right

of first refusal as follows:

(1) the selling dealer shall provide written notice

to the manufacturer or distributor within thirty

(30) days of receipt of the manufacturer’s or

distributor’s timely received notice of intent to

exercise the right of first refusal, stating that

either:

(a) the entire multi-dealership transaction has

been withdrawn, or

(b) the specific dealership subject to the

timely received notice of manufacturer’s or

distributor’s intent to exercise the right

of first refusal has been excluded from the

multi-dealership transaction,

(2) upon the manufacturer’s or distributor’s receipt

of the selling dealer’s withdrawal notice under

division (1) of this subparagraph, the proposed

sale, transfer, or assignment of the dealership

subject to the manufacturer’s or distributor’s

timely received notice of intent to exercise the

right of first refusal shall be deemed withdrawn,

and the manufacturer’s or distributor’s right of

first refusal with respect to that dealership

shall be deemed extinguished, and

(3) if the selling dealer does not provide the

withdrawal notice within the thirty-day period,

the manufacturer or distributor may proceed with

exercising the 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 manufacturers and the representatives and affiliates

Oklahoma Statutes - Title 47. Motor Vehicles Page 879

of manufacturers, of any person that is primarily engaged in the

business of short-term, not to exceed twelve (12) months, rental of

motor vehicles, powersports vehicles, and industrial and

construction equipment and activities incidental to that business,

provided that:

a. any motor vehicle or powersports vehicle sold by that

person is limited to used motor vehicles or

powersports vehicles that have been previously used

exclusively and regularly by that person in the

conduct of business and used motor vehicles or used

powersports vehicles traded in on motor vehicles or

powersports vehicles sold by that person,

b. warranty repairs performed by that person on motor

vehicles or powersports vehicles are limited to those

vehicles that the person owns, previously owned, or

takes in trade, and

c. motor vehicle or powersports vehicle financing

provided by that person to retail consumers for motor

vehicles or powersports 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.

E. Nothing in this section shall prohibit a manufacturer or

distributor from requiring a dealer to be in compliance with the

franchise agreement and authorized to sell a make and model based on

applicable reasonable standards and requirements that include but

are not limited to any facility, technology, or training

requirements necessary to sell or service a vehicle, in order to be

eligible for delivery or allotment of a make or model of a new motor

vehicle or new powersports vehicle or an incentive.
Okla. Stat. tit. 47, § 47-1062 — OK Code / Title 47 / Section 47-1062
Responsibility for special equipment added to vehicles
Status: in_force

Oklahoma Statutes - Title 47. Motor Vehicles Page 1035

A peer-to-peer car sharing program shall have sole

responsibility for any equipment, such as a Global Positioning

System or other special equipment, that is put in or on the vehicle

to monitor or facilitate the car sharing transaction, and shall

agree to indemnify and hold harmless the vehicle owner for any

damage to or theft of such equipment during the sharing period not

caused by the vehicle owner. The peer-to-peer car sharing program

has the right to seek indemnity from the shared vehicle driver for

any loss or damage to such equipment that occurs during the sharing

period.
Okla. Stat. tit. 47, § 47-1116v2 — OK Code / Title 47 / Section 47-1116v2
Registration periods
Status: in_force

A. Twelve registration periods shall be established for

vehicles required to be registered on a staggered basis. The

registration periods shall start on the first day of each calendar

month and shall end on the last day of that month. Unless otherwise

provided, all such vehicles where the date of execution of transfer

of ownership occurs in this state at any time during a calendar

month shall be subject to registration and payment of the fee for

the registration period commencing the first day of the month of

such date of execution of transfer.

B. A person who registers more than one vehicle may have all of

such vehicles initially registered at the same time or at separate

times. Any person who obtains a vehicle may, upon registration,

have the registration period adjusted to allow future registration

of all such vehicles at the same period or at a different period.

C. On and after January 1, 2022, if a special or personalized

license plate is issued pursuant to this title for a vehicle which

is subject to the requirements of Section 1132 of this title, the

registration periods for the vehicle may be combined into a single

registration period. The Oklahoma Tax Commission shall determine,

by rule, a method for adjusting the twelve-month period.
Okla. Stat. tit. 47, § 47-803 — OK Code / Title 47 / Section 47-803
School license
Status: in_force

A. No commercial driver training school shall be established

nor any such existing school continued on or after August 10, 1967,

unless such school applies for and obtains from Service Oklahoma a

license in the manner and form prescribed by Service Oklahoma.

B. Regulations adopted by Service Oklahoma, in conjunction with

the Department of Public Safety, shall state the requirements for a

school license, including requirements concerning location,

equipment, courses of instruction, instructors, previous records of

the school and instructors, financial statements, schedule of fees

and charges, character and reputation of the operators and

instructors, insurance in such sum and with such provisions as

Service Oklahoma, in conjunction with the Department of Public

Safety, deems necessary to protect adequately the interests of the

public, and such other matters as Service Oklahoma may prescribe for

the protection of the public. Such regulations shall allow the use

of electronic signatures on all documents submitted by a school or

instructor.

C. Every school offering instruction for a restricted Class D

license for persons fifteen and one-half (15 1/2) years old or a

permit to operate vehicles issued under Section 6-105 of this title

must provide for a minimum number of hours of actual classroom and

field driving instruction as determined by Service Oklahoma, in

conjunction with the Department of Public Safety.
Okla. Stat. tit. 47, § 47-1135.3v1 — OK Code / Title 47 / Section 47-1135.3v1
Special license plates - Associations, fraternities,
Status: in_force

sororities, orders, clubs, schools - Commemoration of occasions -

Demonstration of support or affiliation.

A. Service Oklahoma is hereby authorized to design and issue

appropriate official special license plates to persons wishing to

demonstrate support, interest or membership to or for an

organization, occupation, cause or other subject as provided by this

section.

Oklahoma Statutes - Title 47. Motor Vehicles Page 1247

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 special license plate may then be used

on another vehicle but only after such other vehicle has been

registered for the current year.

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. The notice shall contain all necessary information

and shall contain instructions for the renewal procedure upon

presentation to a licensed operator or Service Oklahoma. The

license plates shall be issued on a staggered system.

Service Oklahoma is hereby directed to develop and implement a

system whereby licensed operators are permitted to accept

applications for special license plates authorized under this

section. The licensed operator shall confirm the applicant's

eligibility, if applicable, collect and deposit any amount

specifically authorized by law, accept and process the necessary

information directly into such system and generate a receipt

accordingly. For performance of these duties, licensed operators

shall retain the fee provided in Section 1141.1 of this title for

registration of a motor vehicle. The licensed operator fees for

acceptance of applications and 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.

If fewer than one hundred of any type of special license plates

authorized prior to January 1, 2004, are issued prior to January 1,

2006, Service Oklahoma shall discontinue issuance and renewal of

that type of special license plate. Any such authorized special

license plate registrant shall be allowed to display the license

plate upon the designated vehicle until the registration expiration

date. After such time the expired special license plate shall be

removed from the vehicle.

Except as otherwise provided in law, for special license plates

authorized on or after July 1, 2004, no special license plates shall

be developed or issued by Service Oklahoma until Service Oklahoma

receives one hundred (100) prepaid applications therefor. The

prepaid applications must be received by Service Oklahoma within one

hundred eighty (180) days of the effective date of the authorization

or the authority to issue shall be null and void. In the event one

hundred (100) prepaid applications are not received by Service

Oklahoma within such prescribed time period any payment so received

shall be refunded accordingly.

Oklahoma Statutes - Title 47. Motor Vehicles Page 1248

B. The special license plates provided by this section are as

follows:

1. Round and Square Dance License Plate - such plates shall be

designed and issued to any person wishing to demonstrate support for

round and square dancing;

2. National Association for the Advancement of Colored People

License Plate - such plates shall be designed, subject to the

criteria to be presented to Service Oklahoma by the NAACP, and

issued to any person wishing to demonstrate support for the NAACP;

3. National Rifle Association License Plate - such plates shall

be designed, subject to the criteria to be presented to Service

Oklahoma by the National Rifle Association, and issued to any person

wishing to demonstrate support for the National Rifle Association;

4. Masonic Fraternity License Plate - such plates shall be

designed and issued to any resident of this state who is a member of

a Masonic Fraternity of Oklahoma. Such persons may apply for a

Masonic Fraternity license plate for each vehicle with a rated

carrying capacity of one (1) ton or less upon proof of a Masonic

Fraternity membership or upon the presentment of an application for

a Masonic Fraternity license plate authorized and approved by the

Grand Lodge of Oklahoma. The license plates shall be designed in

consultation with the Masonic Fraternities of Oklahoma and shall

contain the Masonic emblem;

5. Shriners Hospitals for Children License Plate - such plates

shall be designed to demonstrate support for Shriners Hospitals for

Children and shall be issued to any resident of this state who is a

member of a Shriners Temple in Oklahoma. The license plate shall be

designed in consultation with the Shriner's Temples in Oklahoma and

shall contain the Shriners emblem;

6. Balloonists License Plate - such plates shall be designed

and issued to any person wishing to demonstrate support for hot air

ballooning in this state;

7. Order of the Eastern Star License Plate - such plates shall

be designed and issued to any resident of this state who is a member

of an Order of the Eastern Star. Such persons may apply for an

Order of the Eastern Star license plate for each vehicle with a

rated carrying capacity of one (1) ton or less upon proof of an

Order of the Eastern Star membership or upon the presentment of an

application for an Order of the Eastern Star license plate

authorized and approved by the organization. The license plate

shall be designed in consultation with the Order of the Eastern Star

and shall contain the Order of the Eastern Star emblem;

8. Knights of Columbus License Plate - such plates shall be

designed and issued to any resident of this state who is a member of

the Knights of Columbus. Such persons may apply for a Knights of

Columbus license plate for each vehicle with a rated carrying

capacity of one (1) ton or less upon proof of a Knights of Columbus

Oklahoma Statutes - Title 47. Motor Vehicles Page 1249

membership or upon the presentment of an application for a Knights

of Columbus license plate authorized and approved by the

organization. The license plate shall be designed in consultation

with the Knights of Columbus and shall contain the Knights of

Columbus emblem;

9. Jaycees License Plate - such plates shall be designed and

issued to members of the Jaycees. Persons applying for such license

plate must show proof of membership in the Jaycees. The license

plates shall be designed in consultation with the Jaycees;

10. Kiwanis International License Plate – such plates shall be

designed and issued to members of Kiwanis International. Persons

applying for such license plate must show proof of membership in

Kiwanis International. The license plates shall be designed in

consultation with Kiwanis International;

11. Certified Public Accountants License Plate - such plates

shall be designed and issued to any resident of this state who is a

Certified Public Accountant. Such persons may apply for a Certified

Public Accountant license plate for each vehicle with a rated

carrying capacity of one (1) ton or less upon proof of status as a

Certified Public Accountant. The license plates shall be designed

in consultation with the Oklahoma Society of Certified Public

Accountants;

12. Civil Emergency Management License Plate – such plates

shall be designed and issued to persons wishing to demonstrate

support for the state civil emergency management system. Persons

applying for such license plate must show proof of official

affiliation by presenting a nonexpired proof of employment,

affiliation or retirement in the form of an identification card or

letter on official letterhead from a municipal, county or state

emergency management department head;

13. Civilian Conservation Corps License Plate – such plates

shall be designed, subject to criteria to be presented to Service

Oklahoma, by the Civilian Conservation Corps Association, and issued

to any person wishing to demonstrate support of the Civilian

Conservation Corps;

14. Rotarian License Plate – such plates shall be designed and

issued to any resident of this state who is a member of a Rotary

Club of Oklahoma. Such persons may apply for a Rotarian license

plate for each vehicle with a rated carrying capacity of one (1) ton

or less upon proof of a Rotary Club membership or upon the

presentment of an application for a Rotarian license plate

authorized and approved by a Rotary Club of Oklahoma. The license

plates shall be designed in consultation with the five Rotarian

District Governors and shall contain the Rotarian emblem;

15. Benevolent and Protective Order of Elks License Plate –

such plates shall be designed, subject to criteria to be presented

to Service Oklahoma, by the Benevolent and Protective Order of Elks,

Oklahoma Statutes - Title 47. Motor Vehicles Page 1250

and issued to any resident of this state who is a member of the

Benevolent and Protective Order of Elks;

16. Humane Society License Plate – such plates shall be

designed and issued to any person wishing to demonstrate support for

the Humane Society of the United States. The plates shall be issued

to any person in any combination of numbers and letters from one to

a maximum of seven, as for personalized license plates. The plate

shall contain the official Humane Society logo;

17. Oklahoma Mustang Club License Plate – such plates shall be

designed, subject to criteria to be presented to Service Oklahoma,

by the Oklahoma Mustang Club, and issued to any resident of this

state who is a member of the Oklahoma Mustang Club. Such persons

may apply for an Oklahoma Mustang Club license plate upon

presentment of proof of membership in the Oklahoma Mustang Club.

The plates shall be issued to any person in any combination of

numbers and letters from one to a maximum of seven, as for

personalized license plates;

18. American Business Clubs (AMBUCS) License Plate - such

plates shall be designed and issued to members of American Business

Clubs. Persons applying for such license plate must show proof of

membership in AMBUCS. The license plates shall be designed in

consultation with American Business Clubs;

19. West Point 200th Anniversary License Plate – such plates

shall be designed and issued to any person wishing to commemorate

the Two Hundredth Anniversary of the founding of the United States

Military Academy at West Point, New York. The license plates shall

be designed in consultation with the West Point Society of Central

Oklahoma;

20. Oklahoma Aquarium License Plate - such plates shall be

designed and issued to persons wishing to demonstrate support for

the Oklahoma Aquarium. The license plates shall be designed in

consultation with the Oklahoma Aquarium. Subject to the provisions

of subsection A of this section, the Oklahoma Aquarium License Plate

is hereby reauthorized effective November 1, 2021;

21. The Pride of Broken Arrow License Plate – such plates shall

be designed and issued to any person wishing to demonstrate support

for The Pride of Broken Arrow marching band. The plates shall be

designed in consultation with the Broken Arrow Public School System;

22. Fellowship of Christian Athletes License Plate - such

plates shall be designed in consultation with the Fellowship of

Christian Athletes and issued to members and supporters of the

Fellowship of Christian Athletes;

23. Parrothead Club License Plate - such plates shall be

designed and issued to members and supporters of the Parrothead

Club. The license plate shall be issued to any person in any

combination of numbers and letters from one to a maximum of seven as

for personalized license plates;

Oklahoma Statutes - Title 47. Motor Vehicles Page 1251

24. Oklahoma Bicycling Coalition License Plate – such plates

shall be designed and issued to any person who is a member of the

Oklahoma Bicycling Coalition. The license plates shall be designed

in consultation with the Oklahoma Bicycling Coalition;

25. Electric Lineman License Plate – such plates shall be

designed and issued to persons wishing to demonstrate support for

Oklahoma's electric linemen. The license plates shall be designed

in consultation with the Oklahoma Electric Superintendent's

Association;

26. Alpha Kappa Alpha License Plate – such plates shall be

designed and issued to any person who is a member of Alpha Kappa

Alpha Sorority. The license plates shall be designed in

consultation with the Oklahoma Chapter of Alpha Kappa Alpha

Sorority;

27. The National Pan-Hellenic Council Incorporated License

Plate – such plates shall be designed and issued to any person

wishing to demonstrate support to any of the nine sororities and

fraternities recognized by the National Pan-Hellenic Council

Incorporated. The license plates shall be designed in consultation

with the Oklahoma Chapter of the National Pan-Hellenic Council

Incorporated;

28. Organ, Eye and Tissue License Plate – such plates shall be

designed and issued to persons wishing to demonstrate support and

increase awareness for organ, eye and tissue donation. The license

plates shall be designed in consultation with the State Department

of Health;

29. Central Oklahoma Habitat for Humanity License Plate – such

plates shall be designed and issued to persons wishing to

demonstrate support and increase awareness for Habitat for Humanity.

The license plate shall be designed in consultation with Central

Oklahoma Habitat for Humanity;

30. Family Career and Community Leaders of America Incorporated

License Plate - such plates shall be designed and issued to persons

wishing to demonstrate support for Family Career and Community

Leaders of America Incorporated. The license plates shall be

designed in consultation with Family Career and Community Leaders of

America Incorporated;

31. Delta Sigma Theta License Plate – such plates shall be

designed and issued to any person who is a member of Delta Sigma

Theta Sorority. The license plates shall be designed in

consultation with the Oklahoma Chapter of Delta Sigma Theta Sorority

Incorporated;

32. Omega Psi Phi License Plate – such plates shall be designed

and issued to any person who is a member of Omega Psi Phi

Fraternity. The license plates shall be designed in consultation

with the Oklahoma Chapter of Omega Psi Phi Fraternity Incorporated;

Oklahoma Statutes - Title 47. Motor Vehicles Page 1252

33. Alpha Phi Alpha License Plate – such plates shall be

designed and issued to any person who is a member of Alpha Phi Alpha

Fraternity. The license plates shall be designed in consultation

with the Oklahoma Chapter of Alpha Phi Alpha Fraternity

Incorporated;

34. 50th Anniversary of the Interstate System of Highways

License Plate – such plates shall be designed and issued to persons

wishing to commemorate the 50th Anniversary of the Interstate System

of Highways. The license plates shall be designed in consultation

with the American Association of State Highway and Transportation

Officials;

35. Kappa Alpha Psi License Plate - such plates shall be

designed and issued to any person who is a member of Kappa Alpha Psi

Fraternity. The license plates shall be designed in consultation

with the Oklahoma Chapter of Kappa Alpha Psi Fraternity

Incorporated;

36. Sigma Gamma Rho License Plate - such plates shall be

designed and issued to any person who is a member of Sigma Gamma Rho

Sorority. The license plates shall be designed in consultation with

the Oklahoma Chapter of Sigma Gamma Rho Sorority Incorporated.

Subject to the provisions of subsection A of this section, the Sigma

Gamma Rho License Plate is hereby reauthorized effective November 1,

2013;

37. Multiple Sclerosis License Plate – such plates shall be

designed and issued to persons wishing to demonstrate support for

and increase awareness of multiple sclerosis. The license plates

shall be designed in consultation with the Oklahoma Chapter of the

National Multiple Sclerosis Society;

38. Frederick A. Douglass High School License Plate – such

plates shall be designed and issued to any person wishing to

demonstrate support for Frederick A. Douglass High School located in

Oklahoma City. The plates shall be designed in consultation with

representatives of Frederick A. Douglass High School National Alumni

Association;

39. United States Air Force Academy License Plate – such plates

shall be designed and issued to any person wishing to demonstrate

support for the United States Air Force Academy;

40. In God We Trust License Plate – such plates shall be

designed to include the motto, "In God We Trust", and shall be

issued to any person wishing to demonstrate support for the motto;

41. National Weather Center License Plate – such plates shall

be designed and issued to any person wishing to demonstrate support

for the National Weather Center in Norman. The plates shall be

designed in consultation with representatives of the National

Weather Center Directors;

42. Make-A-Wish Foundation License Plate – such plates shall be

designed and issued to persons wishing to demonstrate support for

Oklahoma Statutes - Title 47. Motor Vehicles Page 1253

the Make-A-Wish Foundation. The license plates shall be designed in

consultation with the Oklahoma Chapter of the National Make-A-Wish

Foundation;

43. South Central Section of the PGA Foundation License Plate -

such plates shall be designed and issued to persons wishing to

demonstrate support for the South Central Section of the PGA

Foundation. The license plates shall be designed in consultation

with the South Central Section of the PGA Foundation;

44. Putnam City High School License Plate – such plates shall

be designed and issued to any person wishing to demonstrate support

for Putnam City High School. The plates shall be designed in

consultation with representatives of Putnam City High School Alumni

Association, Inc.;

45. Autism Awareness License Plate - such plates shall be

designed and issued to any person wishing to increase awareness of

autism. The license plate shall be designed in consultation with

the Oklahoma Autism Network;

46. Oklahoma Blood Institute License Plate – such plates shall

be designed and issued to any person wishing to demonstrate support

for the Oklahoma Blood Institute. The license plates shall be

designed in consultation with the Oklahoma Blood Institute;

47. Zeta Phi Beta and Phi Beta Sigma License Plate - such

plates shall be designed and issued to any person who is a member of

Zeta Phi Beta Sorority or Phi Beta Sigma Fraternity. The license

plates shall be designed in consultation with the Oklahoma chapters

of Zeta Phi Beta Sorority Incorporated and Phi Beta Sigma Fraternity

Incorporated;

48. Star Spencer High School License Plate – such plates shall

be designed and issued to any person wishing to demonstrate support

for Star Spencer High School located in Oklahoma City. The plates

shall be designed in consultation with representatives of the Star

Spencer High School Alumni Association. Subject to the provisions

of subsection A of this section, the Star Spencer High School

License Plate is hereby reauthorized effective November 1, 2015;

49. Northeast High School License Plate – such plates shall be

designed and issued to any person wishing to demonstrate support for

Northeast High School located in Oklahoma City. The plates shall be

designed in consultation with representatives of the Northeast High

School Alumni Association;

50. Oklahoma City Central High School License Plate – such

plates shall be designed and issued to any person wishing to

demonstrate support for the Oklahoma City Central High School Alumni

Association. The plates shall be designed in consultation with

representatives of the Oklahoma City Central High School Alumni

Association;

51. Oklahoma Rifle Association License Plate – such plates

shall be designed and issued to any person wishing to demonstrate

Oklahoma Statutes - Title 47. Motor Vehicles Page 1254

support for the Oklahoma Rifle Association. The plates shall be

designed in consultation with representatives of the Oklahoma Rifle

Association;

52. Oklahoma City Thunder License Plate – such plates shall be

designed and issued to any person wishing to demonstrate support for

the Oklahoma City Thunder. The license plate shall be designed in

consultation with the Oklahoma City Thunder organization;

53. Ovarian Cancer Awareness License Plate – such plates shall

be designed and issued to any person wishing to increase awareness

of ovarian cancer. The license plate shall be designed in

consultation with the HOPE in Oklahoma organization;

54. BMW Car Club of America License Plate – such plates shall

be designed and issued to any person wishing to demonstrate support

for the BMW Car Club of America. The plates shall be issued to any

person in any combination of numbers and letters from one to a

maximum of seven, as for personalized license plates. The license

plate shall be designed in consultation with the Sunbelt Chapter of

the BMW Car Club of America. Subject to the provisions of

subsection A of this section, the BMW Car Club of America License

Plate is hereby reauthorized effective November 1, 2013;

55. Don't Tread On Me License Plate – such plates shall be

designed to include the yellow background and rattlesnake emblem

above the motto "DON'T TREAD ON ME" as found on the historic Gadsden

flag, and shall be issued to any person wishing to demonstrate

support for the freedom and liberty of the Republic;

56. Oklahomans for the Arts License Plate – such plates shall

be designed and issued to any person wishing to demonstrate support

for arts, culture and creative industries as well as arts education.

The plates shall be designed in consultation with Oklahomans for the

Arts;

57. Tulsa Oilers License Plate – such plates shall be designed

and issued to any person wishing to demonstrate support for the

Tulsa Oilers. The license plate shall be designed in consultation

with the Tulsa Oilers organization;

58. Tulsa Drillers License Plate – such plates shall be

designed and issued to any person wishing to demonstrate support for

the Tulsa Drillers. The license plate shall be designed in

consultation with the Tulsa Drillers organization;

59. Millwood School District License Plate – such plates shall

be designed and issued to any person wishing to demonstrate support

for the Millwood School District. The license plate shall be

designed in consultation with representatives of the Millwood School

District;

60. Booker T. Washington High School License Plate – such

plates shall be issued to persons wishing to demonstrate support for

Booker T. Washington High School and shall be designed in

Oklahoma Statutes - Title 47. Motor Vehicles Page 1255

consultation with the Booker T. Washington High School National

Alumni Association;

61. Oklahoma Current State Flag License Plate – such plates

shall be designed to include the current Oklahoma state flag and

issued to any person wishing to demonstrate support for the current

Oklahoma state flag. The plates shall be designed in consultation

with the Friends of the Oklahoma History Center;

62. Oklahoma Original State Flag License Plate – such plates

shall be designed to include the original Oklahoma state flag and

issued to any person wishing to demonstrate support for the original

Oklahoma state flag. The plates shall be designed in consultation

with the Friends of the Oklahoma History Center. The plates shall

be issued to any person in any combination of numbers and letters

from one to a maximum of seven, as for personalized license plates.

Subject to the provisions of subsection A of this section, the

Oklahoma Original State Flag License Plate is hereby reauthorized

effective November 1, 2015;

63. Tulsa 66ers License Plate - such plates shall be designed

and issued to any person wishing to demonstrate support for the

Tulsa 66ers. The plates shall be designed in consultation with the

Tulsa 66ers Organization;

64. Frederick Bombers License Plate – such plates shall be

issued to persons wishing to demonstrate support for the Frederick

School District and shall be designed in consultation with

representatives of the Frederick School District;

65. 911 Dispatcher License Plate – such plates shall be issued

to persons wishing to demonstrate support for 911 dispatchers.

Persons applying for such license plate must show proof of current

employment as a 911 dispatcher or sign an attestation that they are

a currently employed or retired 911 dispatcher;

66. Oklahoma Fosters License Plate – such plates shall be

issued to persons wishing to demonstrate support for the Oklahoma

Fosters Initiative and shall be designed in consultation with the

Oklahoma Fosters Initiative;

67. Red Dirt Jeep License Plate – such plates shall be designed

and issued to any person wishing to demonstrate support for Red Dirt

Jeep and such plates shall be designed in consultation with Red Dirt

Jeep, L.L.C.;

68. Sons of the American Revolution License Plate – such plates

shall be issued to persons wishing to demonstrate support for the

Sons of the American Revolution for a vehicle or motorcycle in any

combination of numbers and letters from one to a maximum of seven,

as for personalized license plates. Such plates shall be designed

in consultation with the Oklahoma Society of the Sons of the

American Revolution. The license plate for a motorcycle may be of

similar design as space permits or a new design in order to meet the

space requirements of a motorcycle license plate;

Oklahoma Statutes - Title 47. Motor Vehicles Page 1256

69. Daughters of the American Revolution License Plate – such

plates shall be issued to persons wishing to demonstrate support for

the Daughters of the American Revolution for a vehicle or motorcycle

in any combination of numbers and letters from one to a maximum of

seven, as for personalized license plates. Such plates shall be

designed in consultation with the Oklahoma Society of the Daughters

of the American Revolution. The license plate for a motorcycle may

be of similar design as space permits or a new design in order to

meet the space requirements of a motorcycle license plate;

70. Air Medal License Plate – such plates shall be designed and

issued to Air Medal recipients. An individual requesting the

license plate is required, at the time of application, to show proof

he or she is a recipient of the Air Medal or sign an attestation

stating that he or she is a medal recipient. The plates shall be

designed to include the Air Medal emblem and shall include the words

"Air Medal" on the plate;

71. Oklahoma Institute for Child Advocacy License Plate – such

plates shall be designed and issued to any person wishing to

demonstrate support for the Oklahoma Institute for Child Advocacy.

The plates shall be issued to any person in any combination of

numbers and letters from one to a maximum of seven, as for

personalized license plates. The plates shall be designed in

consultation with the Oklahoma Institute for Child Advocacy.

Subject to the provisions of subsection A of this section, the

Oklahoma Institute for Child Advocacy License Plate is hereby

reauthorized effective November 1, 2021;

72. The Pride of Oklahoma Marching Band License Plate – such

plates shall be designed and issued to any person wishing to

demonstrate support for the Pride of Oklahoma marching band. The

plates shall be designed in consultation with the University of

Oklahoma;

73. The Spirit of Oklahoma State Marching Band License Plate –

such plates shall be designed and issued to any person wishing to

demonstrate support for the Spirit of Oklahoma State marching band.

The plates shall be designed in consultation with Oklahoma State

University;

74. Southeast Spartans License Plate – such plates shall be

designed and issued to any person wishing to demonstrate support for

Southeast High School Spartans and such plates shall be designed in

consultation with the Southeast High School Alumni Association;

75. Catoosa High School License Plate – such plates shall be

designed and issued to any person wishing to demonstrate support for

Catoosa High School located in Catoosa. The plates shall bear the

image of the Catoosa High School mascot and be designed in

consultation with representatives of Catoosa High School;

76. Toastmasters International License Plate - such plates

shall be issued to persons wishing to demonstrate support for

Oklahoma Statutes - Title 47. Motor Vehicles Page 1257

Toastmasters International and shall be designed in consultation

with District 16 of Toastmasters International;

77. Millwood High School Alumni License Plate – such plates

shall be designed and issued to any person wishing to demonstrate

support for Millwood High School Alumni. The license plate shall be

designed in consultation with representatives of the Millwood High

School Alumni Association;

78. Patriot Guard Riders License Plate - such plates shall be

issued to persons wishing to demonstrate support for Patriot Guard

Riders and shall be designed in consultation with the Patriot Guard

Riders of Oklahoma;

79. Bixby School District License Plate – such plates shall be

designed and issued to any person wishing to demonstrate support for

the Bixby School District. The license plate shall be designed in

consultation with representatives of the Bixby School District;

80. Oklahoma Renewable Energy License Plate – such plates shall

be designed in consultation with the Advanced Power Alliance and

issued to any person wishing to demonstrate support for renewable

energy;

81. Scottish Rite Masons License Plate – such plates shall be

designed and issued to any resident of this state who is a member of

the Scottish Rite Masons. Such persons may apply for a Scottish

Rite Masons license plate for each vehicle with a rated carrying

capacity of one (1) ton or less upon proof of a Scottish Rite

membership. The license plates shall be designed in consultation

with the Scottish Rite Masons in Oklahoma and shall contain the

Scottish Rite emblem;

82. New State Brand License Plate – such plates shall be

designed, subject to the criteria to be presented to Service

Oklahoma by the Oklahoma Tourism and Recreation Department, and

issued to any person wishing to demonstrate support for the new

Oklahoma brand. The license plates shall contain the new state

brand;

83. Tulsa Flag License Plate – such plates shall be designed

and issued to any person wishing to demonstrate support for the City

of Tulsa. The license plates shall be designed in consultation with

the Tulsa Community Foundation;

84. Hallett Motor Racing Circuit License Plate - such plates

shall be designed and issued to any person wishing to demonstrate

support for the Hallett Motor Racing Circuit for a vehicle or

motorcycle in a pre-numbered format or any combination of numbers

and letters from one to a maximum of six for vehicles or one to a

maximum of five for motorcycles, as for personalized plates. The

license plates shall be designed in consultation with the Hallett

Motor Racing Circuit;

85. University of Kansas License Plate - such plates shall be

designed and issued to any person wishing to demonstrate support for

Oklahoma Statutes - Title 47. Motor Vehicles Page 1258

the University of Kansas. The license plates shall be designed in

consultation with the University of Kansas and/or the University of

Kansas Alumni Association;

86. Clinton Red Tornadoes License Plate – such plates shall be

designed and issued to any person wishing to demonstrate support for

the Clinton Red Tornadoes. The license plates shall be designed in

consultation with the Clinton Public School System;

87. ROAD License Plate – such plates shall be designed and

issued to any person wishing to demonstrate support for Recovering

Oklahomans After Disaster for a vehicle or motorcycle in a pre-

numbered format or any combination of numbers and letters from one

to a maximum of six for vehicles or one to a maximum of five for

motorcycles, as for personalized plates. The license plates shall

be designed in consultation with the Recovering Oklahomans After

Disaster organization;

88. Tulsa Icon License Plate – such plates shall be designed

and issued to any person wishing to demonstrate support for the

Tulsa community for a vehicle or motorcycle in a pre-numbered format

or any combination of numbers and letters from one to a maximum of

six for vehicles or one to a maximum of five for motorcycles, as for

personalized plates. The plate design for vehicles will include

Tulsa’s iconic Golden Driller and Route 66 Rising sculpture. The

license plate for a motorcycle may be of similar design as space

permits or a new design in order to meet the space requirements of a

motorcycle license plate; and

89. ORA License Plate – such plates shall be designed and

issued to any person wishing to demonstrate support for the Oklahoma

Rifle Association. The license plates shall be designed in

consultation with the Oklahoma Rifle Association.

C. The fee for such plates shall be Fifteen Dollars ($15.00)

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

registration fees provided by the Oklahoma Vehicle License and

Registration Act. Unless otherwise provided in this section, the

fee shall be apportioned as follows: Eight Dollars ($8.00) per year

of renewal of the special license plate fee shall be deposited in

the Oklahoma Tax Commission Reimbursement Fund to be used for the

administration of the Oklahoma Vehicle License and Registration Act

and the remaining Seven Dollars ($7.00) per year of renewal of the

special license plate 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 special license plate fee

shall be deposited in the Service Oklahoma Reimbursement Fund to be

used for the administration of the Oklahoma Vehicle License and

Registration Act and the remaining Seven Dollars ($7.00) per year of

renewal of the special license plate fee shall be apportioned as

provided in Section 1104 of this title.

Oklahoma Statutes - Title 47. Motor Vehicles Page 1259
Okla. Stat. tit. 47, § 47-807 — OK Code / Title 47 / Section 47-807
Persons and schools exempt
Status: in_force

The provisions of this act shall not apply to any person giving

driver training lessons without charge, to employers maintaining

driver training schools without charge for their employees only, or

to schools or classes conducted by colleges, universities and high

schools for regularly enrolled, full-time students as a part of the

normal program for such institutions.
Okla. Stat. tit. 47, § 47-1104.15 — OK Code / Title 47 / Section 47-1104.15
Oklahoma Association for the Deaf License Plate
Status: in_force

Revolving Fund.

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

1135.5 of this title for the Oklahoma Association for the Deaf

License Plate shall be deposited by Service Oklahoma in the Oklahoma

Oklahoma Statutes - Title 47. Motor Vehicles Page 1061

Association for the Deaf 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 Department of Rehabilitation Services to be designated

the “Oklahoma Association for the Deaf 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 of Rehabilitation Services 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 of Rehabilitation Services to promote the interests

of the deaf and to advance the social, educational, cultural, and

economic well being of the deaf. 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, § 47-2-142 — OK Code / Title 47 / Section 47-2-142
Computer Imaging System Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Department of Public Safety, to be designated the "Computer

Imaging System Revolving Fund". The fund shall be a continuing fund

not subject to fiscal year limitations. All monies accruing to the

credit of said fund are hereby appropriated and shall be budgeted

and expended by the Department for the exclusive purpose of

implementing, developing, administering, and maintaining the

computer imaging system of the Department of Public Safety.

Expenditures from said 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, § 47-2-303 — OK Code / Title 47 / Section 47-2-303
Law Enforcement Retirement Board
Status: in_force

A. There shall be an "Oklahoma Law Enforcement Retirement

Board" to administer the fund of the System. The Board shall be

composed of the Commissioner of Public Safety or his designee, the

Director of the Office of Management and Enterprise Services or his

designee, three members to be appointed by the Governor one of whom

shall be a retired member of the System, one member to be appointed

by the Speaker of the House of Representatives, one member to be

appointed by the President Pro Tempore of the Senate, two members of

the Highway Patrol Division and one member of the Communication

Division of the Department of Public Safety, one member of the

Oklahoma State Bureau of Investigation, one member of the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control and one member

of the Alcoholic Beverage Laws Enforcement Commission, elected by

and from the membership of the System. The terms of elected members

of the Board now serving shall expire on June 30, 1980. The present

Board shall conduct an election for the selection of elected members

Oklahoma Statutes - Title 47. Motor Vehicles Page 120

of the Board, prior to the operative date of this act. One member

of the Oklahoma Highway Patrol and the member of the Oklahoma State

Bureau of Investigation, initially elected, shall serve through June

30, 1982, the member of the Oklahoma Alcoholic Beverage Control

Board, initially elected, shall serve through June 30, 1984, and the

remaining elected members shall serve through June 30, 1983.

Members subsequently elected shall serve for terms of three (3)

years.

B. 1. The initial term of office of the member appointed to

the Board by the Speaker of the House of Representatives and the

member appointed to the Board by the President Pro Tempore of the

Senate shall expire on January 3, 1989. The members thereafter

appointed by the Speaker of the House of Representatives and by the

President Pro Tempore of the Senate shall serve terms of office of

four (4) years.

2. The member appointed by the Governor serving on the Board on

the operative date of this act shall serve the remainder of the

unexpired term of the member. The member appointed by the Governor

to fill that position after the expiration of the term of office of

the member serving on the operative date of this act shall serve

through January 13, 1991. The members thereafter appointed by the

Governor shall serve a term of office of four (4) years which is

coterminous with the term of office of the office of the appointing

authority.

3. The initial term of office of the two additional

appointments to the Board by the Governor shall expire on January

14, 1991. The members thereafter appointed by the Governor shall

serve terms of office of four (4) years which are coterminous with

the term of office of the office of the appointing authority.

4. Vacancies shall be filled for the unexpired term of office

in the same manner as the original appointment was made.

C. The members appointed to the Board by the Speaker of the

House of Representatives, by the President Pro Tempore of the Senate

and by the Governor or a member who is a designee of an ex officio

member of the Board shall:

1. Have demonstrated professional experience in investment or

funds management, public funds management, public or private pension

fund management or retirement system management; or

2. Have demonstrated experience in the banking profession and

have demonstrated professional experience in investment or funds

management; or

3. Be licensed to practice law in this state and have

demonstrated professional experience in commercial matters; or

4. Be licensed by the Oklahoma Accountancy Board to practice in

this state as a public accountant or a certified public accountant.

The appointing authorities, in making appointments that conform

to the requirements of this subsection, shall give due consideration

Oklahoma Statutes - Title 47. Motor Vehicles Page 121

to balancing the appointments among the criteria specified in

paragraphs 1 through 4 of this subsection.

D. No member of the Board shall be a lobbyist registered in

this state as provided by law.

E. Notwithstanding any of the provisions of this section to the

contrary, any person serving as an appointed member of the Board on

the operative date of this act shall be eligible for reappointment

when the term of office of the member expires.

F. Every two (2) years, one of the members of the Board shall

be selected by the Board as president and another member as

secretary of the Board.

G. Any member of the Board elected by the membership of the

System may be recalled for cause at a special election held for that

purpose by the members of the System. Such an election shall be

called and held by the president and secretary of the Board upon a

written request therefor signed by not less than one-third (1/3) of

the members of the System and shall be held pursuant to notice given

to all members of the System stating the date for such election

which shall not be less than ten (10) days from the date of the

issuance of such notice. All members of the System shall be

entitled to vote by secret ballot and, if two-thirds (2/3) or more

of the membership of the System vote for his recall, the elected

member of the Board designated in such request, notice and secret

ballot shall cease to be a member of the Board and the president and

secretary of the Board shall call and hold a special election by the

members of the System to fill the remainder of the term of the

member so recalled.

H. The Oklahoma Law Enforcement Retirement System shall retain

an Executive Director and shall establish the Executive Director's

compensation. The Executive Director shall be the managing and

administrative officer of the System and as such shall have charge

of the office, records and supervision and direction of the

employees of the System. The Executive Director shall be

responsible for the overall operations and to perform duties

specified in Section 2-300 of this title and as specified by the

Board. The Executive Director shall be subject to the policy

directions of the Board and may employ such persons as are deemed

necessary to administer the System.
Okla. Stat. tit. 47, § 47-7-601.2 — OK Code / Title 47 / Section 47-7-601.2
Insurance carriers prohibited from canceling,
Status: in_force

terminating, increasing or requiring higher premiums for certain

peace officers, firefighters or emergency vehicle operators.

No insurance carrier issuing a vehicle liability policy pursuant

to this article to a person employed as a peace officer,

firefighter, or operator of emergency vehicles as defined in Title

47 of the Oklahoma Statutes, in this state shall cancel, terminate,

increase the premiums due on such policy, or require such officer,

firefighter, or operator of emergency vehicles to pay higher

Oklahoma Statutes - Title 47. Motor Vehicles Page 435

premiums because of any accident in which such person was involved

if the accident occurred in the performance of the duty of such

person. The provisions of this section shall apply whether or not

the motor vehicle driven by the peace officer, firefighter, or

operator of emergency vehicles as defined in Title 47 of the

Oklahoma Statutes, involved in the accident was owned by such

person.
Okla. Stat. tit. 47, § 47-12-422 — OK Code / Title 47 / Section 47-12-422
Restrictions on use of glass coating materials or sunscreening devices on windshields
Status: in_force

Oklahoma Statutes - Title 47. Motor Vehicles Page 17sunscreening devices on windshields and windows.

A. As used in this section:

1. "Glass coating material" or "sunscreening devices" means

materials, films, applications or devices which are used in

conjunction with approved vehicle glazing materials for the purpose

of reducing the effects of sun, but shall not include materials,

films, applications, or devices with a mirrored or mirror-like

finish;

2. "Light transmission" means the percentage of total light

which is allowed to pass through a window;

3. "Luminous reflectance" means the ratio of the amount of

total light, expressed in percentages, which is reflected outward by

the glass coating material or sunscreening device to the amount of

total light falling on the glass coating material;

4. "Manufacturer" means:

a. a person who engages in the manufacturing or

assembling of sunscreening devices, or

b. a person who fabricates, laminates, or tempers glazing

materials, incorporating the capacity to reflect or to

reduce the transmittance of light during the

manufacturing process; and

5. "Window" means the windshield, side or rear glass of a motor

vehicle, including any glazing material, glass coating or

sunscreening device.

B. It is unlawful, except as provided by this section, for a

person to sell, install, or to operate a motor vehicle with any

object or material:

1. Placed, displayed, installed, affixed, or applied upon the

windshield or side or rear windows; or

Oklahoma Statutes - Title 47. Motor Vehicles Page 640

2. So placed, displayed, installed, affixed, or applied in or

upon the motor vehicle so as to obstruct or reduce a driver's clear

view through the windshield or side or rear windows.

C. It is unlawful for any person to place, install, affix, or

apply any transparent material upon the windshield or side or rear

windows of any motor vehicle if such material alters the color or

reduces the light transmittance of such windshield or side or rear

windows except as provided in this section.

D. This section shall not apply to:

1. Side or back windows that have a substance or material in

conjunction with glazing material that has a light transmission of

at least twenty-five percent (25%) and a luminous reflectance of at

most twenty-five percent (25%);

2. Front side wing vents and windows that have a substance or

material not attached in conjunction with glazing material which is

used by a vehicle operator on a moving vehicle during daylight

hours;

3. Rearview mirrors;

4. Adjustable nontransparent sun visors which are mounted

forward of the side windows and are not attached to the glass;

5. Signs, stickers, or other materials which are displayed in a

forty-nine-square-inch area in the lower corner of the windshield

farthest removed from the driver or signs, stickers, or other

materials which are displayed in a forty-nine-square-inch area in

the lower corner of the windshield nearest the driver;

6. Direction, designation, or termination signs on buses, if

the signs do not interfere with the driver's clear view of

approaching traffic;

7. Rear window wiper motors;

8. Rear window defrosters or defoggers;

9. Rear truck lid handle or hinges;

10. Side windows to the rear of the driver or back windows that

have a substance or material in conjunction with glazing material

that has a light transmission of at least ten percent (10%) and a

luminous reflectance of at most twenty-five percent (25%) on all

vehicles manufactured prior to 1996 year models, if the motor

vehicle is equipped with outside mirrors on both left and right hand

sides of the vehicle that are so located as to reflect to the driver

a view of the highway through each mirror for a distance of at least

two hundred (200) feet to the rear of the motor vehicle;

11. Transparent material which is installed, affixed, or

applied to the topmost portion of the windshield if:

a. it does not extend downward beyond the AS-1 line or

more than five (5) inches from the top of the

windshield, whichever is closer to the top of the

windshield, and

b. the material is not red or amber in color;

Oklahoma Statutes - Title 47. Motor Vehicles Page 641

12. All windows to the rear of the driver's seat in a vehicle

licensed as a bus, as defined by Section 1-105 of this title, or a

taxicab, as defined by Section 1-174 of this title;

13. Vehicles not subject to registration in the State of

Oklahoma;

14. Implements of husbandry as defined by this title; and

15. Law enforcement vehicles which are owned by the state or a

political subdivision of the state.

E. This section shall not prohibit the use and placement of

federal, state, or political subdivision certificates on any window

as are required by applicable laws.

F. Louvered materials, when installed as designed, shall not

reduce the area of the driver's visibility below fifty percent (50%)

as measured on a horizontal plane. When such materials are used in

conjunction with the rear window, the measurement shall be made

based upon the driver's view from inside the rearview mirror.

G. A person who sells or installs any product regulated by this

section shall certify in a written statement, which shall be a part

of the contract for sale or installation and shall be in bold-face

type, that:

1. The product sold or installed is in compliance with the

reflectivity and transmittance requirements of this section;

2. The installation of the product to the driver's or

passenger's side window may be illegal in some states.

H. The Commissioner of Public Safety, upon application from a

person required for medical reasons to be shielded from the direct

rays of the sun, supported by written attestation of such fact from

a physician licensed pursuant to Section 495 of Title 59 of the

Oklahoma Statutes, may issue an exemption from the provisions of

this section for a motor vehicle belonging to such person or in

which such person is a habitual passenger. Any person may operate a

vehicle or alter the color or reduce the light transmitted through

the side or rear windows of a vehicle in accordance with an

exemption issued by the Commissioner.

I. Any person who violates any provision of this section, upon

conviction, shall be guilty of a misdemeanor and shall be punished

as provided for in Section 17-101 of this title.
Okla. Stat. tit. 47, § 47-12-304 — OK Code / Title 47 / Section 47-12-304
Renumbered as § 12-608 of this title by Laws 2003, c
Status: in_force

411, § 85, eff. Nov. 1, 2003.
Okla. Stat. tit. 47, § 47-6-126.2 — OK Code / Title 47 / Section 47-6-126.2
Commercial vehicle operators — English language
Status: in_force

proficiency.

Oklahoma Statutes - Title 47. Motor Vehicles Page 360

A. An operator of a commercial motor vehicle within this state

shall be able to demonstrate proficiency of the English language

sufficient to:

1. Converse with the general public;

2. Understand highway traffic signs and signals in the English

language;

3. Respond to official inquiries; and

4. Make entries on reports and records.

B. 1. A commercial motor carrier whose driver is found to be

in violation of this section shall be subject to a fine in the

amount of Three Thousand Dollars ($3,000.00) for each violation.

The proceeds of any penalties collected pursuant to this paragraph

shall be deposited in the Weigh Station Improvement Revolving Fund

created in Section 1167 of Title 47 of the Oklahoma Statutes.

2. A driver found to be in violation of this section shall be

prohibited from operating a commercial motor vehicle within this

state until such a time that the driver is able to meet the

identification provisions of this section. Any driver found to be

operating a motor vehicle within this state while under such

prohibition shall be guilty of a misdemeanor and upon conviction

shall be punished by a fine not to exceed One Thousand Dollars

($1,000.00), or by imprisonment for not more than ninety (90) days,

or both such fine and imprisonment. Any fine collected pursuant to

the provisions of this paragraph shall be deposited to the Trauma

Care Assistance Revolving Fund created in Section 1-2530.9 of Title

63 of the Oklahoma Statutes.

3. The commercial motor carrier shall be notified of the

location of any commercial motor vehicle involved in a violation,

and, upon payment of the fine in full and presentation of a driver

who meets all requirements to operate a commercial motor vehicle

within this state, shall take possession of the vehicle. If the

commercial motor carrier is unable to either pay such fine or

present such driver within twelve (12) hours after notification, the

owner of any cargo being transported by the commercial motor vehicle

shall be notified and allowed to arrange for the transfer of the

cargo to another vehicle. Neither the state nor the owner of such

cargo shall be liable for any reasonable action to transfer such

cargo.

C. Any operator of a commercial motor vehicle found to be in

violation of this section shall, in addition to the provisions

provided for in subsection B of this section, be subject to a

penalty of One Thousand Dollars ($1,000.00). Any fine collected

pursuant to the provisions of this subsection shall be deposited to

the Trauma Care Assistance Revolving Fund created in Section 1-

2530.9 of Title 63 of the Oklahoma Statutes.
Okla. Stat. tit. 47, § 47-565.2v1 — OK Code / Title 47 / Section 47-565.2v1
Termination, cancellation or nonrenewal of new motor
Status: in_force

vehicle dealer franchise.

A. Irrespective of the terms, provisions, or conditions of any

franchise, or the terms or provisions of any waiver, no manufacturer

shall terminate, cancel, or fail to renew any franchise with a

licensed new motor vehicle dealer unless the manufacturer has

satisfied the notice requirements as provided in this section and

has good cause for cancellation, termination, or nonrenewal. The

manufacturer shall not attempt to cancel or fail to renew the

franchise agreement of a new motor vehicle dealer in this state

unfairly and without just provocation or without due regard to the

equities of the dealer or without good faith as defined herein. As

used herein, “good faith” means the duty of each party to any

franchise agreement to act in a fair and equitable manner toward

Oklahoma Statutes - Title 47. Motor Vehicles Page 824

each other, with freedom from coercion or intimidation or threats

thereof from each other.

B. Irrespective of the terms, provisions, or conditions of any

franchise, or the terms or provisions of any waiver, good cause

shall exist for the purpose of a termination, cancellation, or

nonrenewal when:

1. The new motor vehicle dealer has failed to comply with a

provision of the franchise, which provision is both reasonable and

of material significance to the franchise relationship, or the new

motor vehicle dealer has failed to comply with reasonable

performance criteria for sales or service established by the

manufacturer, and the new motor vehicle dealer has been notified by

written notice from the manufacturer; and

2. The new motor vehicle dealer has received written

notification of failure to comply with the manufacturer’s reasonable

sales performance standards, capitalization requirements, facility

commitments, business-related equipment acquisitions, or other such

remediable failings exclusive of those reasons enumerated in

paragraph 1 of subsection C of this section, and the new motor

vehicle dealer has been afforded a reasonable opportunity of not

less than six (6) months to comply with such a provision or

criteria.

C. Irrespective of the terms, provisions, or conditions of any

franchise agreement prior to the termination, cancellation, or

nonrenewal of any franchise, the manufacturer shall furnish

notification of such termination, cancellation, or nonrenewal to the

new motor vehicle dealer and the Oklahoma New Motor Vehicle

Commission as follows:

1. Not less than ninety (90) days prior to the effective date

of the termination, cancellation, or nonrenewal unless for a cause

described in paragraph 2 of this subsection;

2. Not less than fifteen (15) days prior to the effective date

of the termination, cancellation, or nonrenewal with respect to any

of the following:

a. insolvency of the new motor vehicle dealer, or the

filing of any petition by or against the new motor

vehicle dealer under any bankruptcy or receivership

law,

b. failure of the new motor vehicle dealer to conduct its

customary sales and service operations during its

customary business hours for seven (7) consecutive

business days, provided that such failure to conduct

business shall not be due to an act of God or

circumstances beyond the direct control of the new

motor vehicle dealer, or

Oklahoma Statutes - Title 47. Motor Vehicles Page 825

c. conviction of the new motor vehicle dealer of any

felony which is punishable by imprisonment or a

violation of the Federal Odometer Act; and

3. Not less than one hundred eighty (180) days prior to the

effective date of the termination or cancellation where the

manufacturer or distributor is discontinuing the sale of the product

line.

The notification required by this subsection shall be by

certified mail, return receipt requested, and shall contain a

statement of intent to terminate, to cancel, or to not renew the

franchise, a statement of the reasons for the termination,

cancellation, or nonrenewal and the date the termination shall take

effect.

D. Upon the affected new motor vehicle dealer’s receipt of the

aforementioned notice of termination, cancellation, or nonrenewal,

the new motor vehicle dealer shall have the right to file a protest

of such threatened termination, cancellation, or nonrenewal with the

Commission within thirty (30) days and request a hearing. The

hearing shall be held within one hundred eighty (180) days of the

date of the timely protest by the dealer and in accordance with the

provisions of the Administrative Procedures Act, Sections 250

through 323 of Title 75 of the Oklahoma Statutes, to determine if

the threatened cancellation, termination, or nonrenewal of the

franchise has been for good cause and if the factory has complied

with its obligations pursuant to subsections A, B, and C of this

section and the factory shall have the burden of proof. Either

party may request an additional one-hundred-eighty-day extension of

the hearing date from the Commission. Approval of the requested

extension may not be unreasonably withheld or delayed. If the

Commission finds that the threatened cancellation, termination, or

nonrenewal of the franchise has not been for good cause or violates

subsection A, B, or C of this section, then it shall issue a final

order stating that the threatened termination is wrongful. A

factory shall have the right to appeal such order. During the

pendency of the hearing and after the decision, through any appeal,

the franchise shall remain in full force and effect, including the

right to transfer the franchise. If the Commission finds that the

threatened cancellation, termination, or nonrenewal is for good

cause and does not violate subsection A, B, or C of this section,

the new motor vehicle dealer shall have the right to an appeal.

During the pendency of the action, including the final decision or

appeal, the franchise shall remain in full force and effect,

including the right to transfer the franchise. If the new motor

vehicle dealer prevails in the threatened termination action, the

Commission shall award to the new motor vehicle dealer the attorney

fees and costs incurred to defend the action.

Oklahoma Statutes - Title 47. Motor Vehicles Page 826

E. If the factory prevails in an action to terminate, cancel,

or not renew any franchise, the new motor vehicle dealer shall be

allowed fair and reasonable compensation by the manufacturer for:

1. New, current, and previous model year vehicle inventory

which has been acquired from the manufacturer, and which is unused

and has not been damaged or altered while in the new motor vehicle

dealer’s possession;

2. Supplies and parts which have been acquired from the

manufacturer, for the purpose of this section, limited to any and

all supplies and parts that are listed on the current parts price

sheet available to the new motor vehicle dealer;

3. Equipment and furnishings, provided the new motor vehicle

dealer purchased them from the manufacturer or its approved sources;

and

4. Special tools, with such fair and reasonable compensation to

be paid by the manufacturer within ninety (90) days of the effective

date of the termination, cancellation, or nonrenewal, provided the

new motor vehicle dealer has clear title to the inventory and other

items and is in a position to convey that title to the manufacturer.

a. For the purposes of paragraph 1 of this subsection,

fair and reasonable compensation shall be no less than

the net acquisition price of the vehicle paid by the

new motor vehicle dealer.

b. For the purposes of paragraphs 2, 3, and 4 of this

subsection, fair and reasonable compensation shall be

the net acquisition price paid by the new motor

vehicle dealer less a twenty-percent (20%) straight-

line depreciation for each year following the dealer’s

acquisition of the supplies, parts, equipment,

furnishings, and/or special tools.

F. 1. If a factory prevails in an action to terminate, cancel,

or not renew any franchise and the new motor vehicle dealer is

leasing the dealership facilities, the manufacturer shall pay a

reasonable rent to the lessor in accordance with and subject to the

provisions of this subsection. Nothing in this section shall be

construed to relieve a new motor vehicle dealer of its duty to

mitigate damages.

Such reasonable rental value shall be paid only to the extent

the dealership premises are recognized in the franchise and only if

they are:

a. used solely for performance in accordance with the

franchise. If the facility is used for the operation

of more than one franchise, the reasonable rent shall

be paid based upon the portion of the facility

utilized by the franchise being terminated, canceled,

or nonrenewed, and

Oklahoma Statutes - Title 47. Motor Vehicles Page 827

b. not substantially in excess of facilities recommended

by the manufacturer.

2. If the facilities are owned by the new motor vehicle dealer,

a related entity as defined in 26 U.S.C.A., Section 267(b), or a

member, partner or shareholder of the dealership, within ninety (90)

days following the effective date of the termination, cancellation,

or nonrenewal, except a termination, cancellation, or nonrenewal for

a cause listed in paragraph 2 of subsection C of this section, at

the dealer or related entity’s written request, the manufacturer

shall either:

a. locate a qualified purchaser who will offer to

purchase the dealership facilities at a reasonable

price,

b. locate a qualified lessee who will offer to lease the

premises for the remaining lease term at the rent set

forth in the lease, or

c. lease the dealership facilities at a reasonable rental

value for the portion of the facility that is

recognized in the franchise agreement one and one-half

(1.5) years, or

d. purchase the dealer’s existing dealership facility and

real estate at its fair market value. If the factory

and dealer cannot agree on the fair market value of

the terminated franchise or agree to a process to

determine the fair market value, then the factory and

dealer shall utilize the process described in

paragraph 6 of subsection G of this section. 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.

3. If the facilities are leased by the new motor vehicle dealer

from an entity other than a related entity as defined in 26

U.S.C.A., Section 267(b), or a member, partner, or shareholder of

the dealership, within ninety (90) days following the effective date

of the termination, cancellation, or nonrenewal the manufacturer

will either:

a. locate a tenant or tenants satisfactory to the lessor,

who will sublet or assume the balance of the lease,

b. arrange with the lessor for the cancellation of the

lease without penalty to the new motor vehicle dealer,

or

c. failing the foregoing, lease the dealership facilities

at a reasonable rent for the portion of the facility

that is recognized in the franchise agreement for one

Oklahoma Statutes - Title 47. Motor Vehicles Page 828

(1) year or the remainder of the lease, whichever is

less.

4. The manufacturer shall not be obligated to provide

assistance under this section if the new motor vehicle dealer:

a. fails to accept a bona fide offer from a prospective

purchaser, sublessee, or assignee,

b. refuses to execute a settlement agreement with the

manufacturer or lessor if such agreement with the

manufacturer or lessor would be without cost to the

new motor vehicle dealer, or

c. fails to make written request for assistance under

this section within ninety (90) days after the

effective date of the termination, cancellation, or

nonrenewal.

5. The manufacturer shall be entitled to occupy and use any

space for which it pays rent required by this section.

G. In addition to the repurchase requirements set forth in

subsections E and F of this section, in the event the termination ,

cancellation, or nonrenewal is the result of a discontinuance of a

product line, the manufacturer or distributor shall compensate the

new motor vehicle dealer as follows:

1. In an amount equivalent to the fair market value of the

terminated franchise as of the date immediately preceding the

manufacturer’s or distributor’s announcement or provide the new

motor vehicle dealer with a replacement franchise on substantially

similar terms and conditions as those offered to other same line-

make dealers;

2. If the facilities are owned by the new motor vehicle dealer

or a related entity as defined in 26 U.S.C.A., Section 267(b), or a

member, partner, or shareholder of the dealership, and the owner has

not sold the 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 effective date of the

termination, then, upon the written request of the dealer, the

manufacturer or distributor shall purchase the dealer’s existing

dealership facility and real estate. The facility and real estate

shall be valued as if a new motor vehicle dealership continues to

operate on the property. If the factory and dealer cannot agree on

the value of the terminated franchise or agree to a process to

determine the value, then the factory and dealer shall utilize the

process described in paragraph 6 of this subsection. 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;

3. If the facilities are leased by the new motor vehicle dealer

from an entity other than a related entity as defined in 26

Oklahoma Statutes - Title 47. Motor Vehicles Page 829

U.S.C.A., Section 267(b), or a member, partner or shareholder of the

dealership, lease the dealership facilities at a reasonable rent for

the remainder of the lease;

4. Any amount of pecuniary loss to the new motor vehicle

dealership proximately caused by the discontinuation of a product

line, including, but not limited to, the cost of terminating

services such as the dealership management system contract;

5. The new motor vehicle dealer may immediately request payment

under this section following the announcement in exchange for

canceling any further franchise rights, except payments owed to the

new motor vehicle dealer in the ordinary course of business, or may

request payment under this section upon the final termination,

cancellation, or nonrenewal of the franchise. In either case,

payment under this section shall be made not later than ninety (90)

days after the fair market value is determined, or the lease

agreement is provided and other reasonable documentation is provided

to the manufacturer or distributor sufficient to establish other

pecuniary losses, whichever is later; and

6. If the factory and new motor vehicle dealer cannot agree on

the value of the terminated franchise or real estate, or agree to a

process to determine the value, then, within thirty (30) days of a

written request by dealer, the factory shall select one appraiser,

and the dealer shall select one appraiser who shall make an

independent appraisal. The appraisers will be state-certified

general real estate appraisers and be in good standing with the

Oklahoma Real Estate Appraisal Board. Before entering upon their

duties, such appraisers shall take and subscribe an oath, before a

notary public or some other person authorized to administer oaths,

that they will perform their duties faithfully and impartially to

the best of their ability. If the appraisals are within ten percent

(10%) of each other, the average of the two appraisals shall

constitute the value. If the two appraisals differ by more than ten

percent (10%), the two appraisers may appoint a third appraiser who

shall review the two appraisals. The third appraisal, when taken

with the first two appraisals and averaged among the three, shall

establish the value. The cost of the third appraiser shall be

shared equally by the factory and dealer. The appraisers shall make

a valuation and determine the amount of compensation to be paid by

the factory to the dealer. The factory will then have ninety (90)

days to complete the transaction, unless otherwise agreed to by the

parties. The factory and the dealer shall each be responsible for

the appraiser it retains.
Okla. Stat. tit. 47, § 47-2-150 — OK Code / Title 47 / Section 47-2-150
Weapons, badges and official license plates - Retention
Status: in_force

after retirement.

Oklahoma Statutes - Title 47. Motor Vehicles Page 107

A. A commissioned officer of the Oklahoma Highway Patrol

Division of the Department of Public Safety shall be entitled to

receive upon retirement, by reason of length of service or physical

disability, the continued custody and possession of the sidearm and

badge carried by the retired officer immediately prior to

retirement. In addition to the sidearm carried by the retired

officer immediately prior to retirement, the retired officer may

purchase the rifle or shotgun, or both, issued to the retired

officer immediately prior to retirement. The cost to the retired

officer of purchasing the weapon or weapons shall be the price the

Department paid at the time of purchase, and upon payment of that

price, the retired officer shall be entitled to ownership of the

weapon or weapons. Any records regarding the ownership of each

weapon transferred shall be modified to reflect the transfer to the

retired officer. Proceeds from the purchase of the weapon or

weapons shall be deposited in the Department of Public Safety

Revolving Fund.

B. A commissioned officer of the Oklahoma Highway Patrol

Division of the Department of Public Safety shall be entitled to

receive, upon retirement, the continued custody and possession of

the official license plate issued for the vehicle that was assigned

to the retired officer immediately prior to retirement, provided the

license plate shall not be placed on any motor vehicle. The

provisions of this subsection shall apply to any officer retiring on

or after April 1, 1993, if the official license plate is available.

C. Custody and possession of the sidearm, one complete uniform,

badge and official license plate of a commissioned officer of the

Oklahoma Highway Patrol Division of the Department of Public Safety

who dies during his or her appointment may be awarded by the

Commissioner to the spouse or next of kin of the deceased officer,

provided the license plate shall not be placed on any motor vehicle.