Okla. Stat. tit. 47, § 47-230.4 — OK Code / Title 47 / Section 47-230.4
Powers and duties of Commissioner
Status: in_force

To the extent necessary to administer the Oklahoma Motor Carrier

Safety and Hazardous Materials Transportation Act, and consistent

with budget and manpower limitations, the Commissioner:

Oklahoma Statutes - Title 47. Motor Vehicles Page 763

1. shall adopt and promulgate rules and regulations in order to

carry out the provisions of the Oklahoma Motor Carrier Safety and

Hazardous Materials Transportation Act relating to motor carrier

safety in the transportation of property and hazardous materials in

intrastate and interstate commerce, and to coordinate the

implementation of a transportation emergency response system;

2. may adopt by reference and enforce all or any portion of the

federal motor carrier safety regulations and the hazardous materials

regulations of the United States Department of Transportation, as

now or hereafter amended;

3. shall conduct a continuing review of all aspects of motor

carrier safety and the transportation of property, including

hazardous materials, in order to determine and recommend appropriate

steps to assure safe transportation;

4. may authorize any officer, employee or agent of the

Department to:

a. conduct investigations; make reports; issue

subpoenas; conduct hearings; require the production of relevant

documents, records and property; take depositions; and conduct

directly or indirectly research, development, demonstration and

training activities,

b. enter upon, inspect and examine at reasonable

times and in a reasonable manner, the records and properties of

persons to the extent such records and properties relate to motor

carrier safety or the transportation or shipment of hazardous

materials in commerce, and to inspect and copy records and papers of

carriers and other persons to carry out the purposes of the Oklahoma

Motor Carrier Safety and Hazardous Materials Transportation Act,

c. stop and inspect any driver or commercial motor

vehicle for any violation of the Oklahoma Motor Carrier Safety and

Hazardous Materials Transportation Act or rules and regulations

issued pursuant thereto,

d. declare and mark any transport vehicle or

container as out of service if its condition, filling, equipment or

protective devices would be hazardous to life or property during

transportation, or if records thereof reflect such hazard, or if

required records are incomplete,

e. prohibit any commercial driver from transporting

hazardous materials if such driver is unqualified or disqualified

under any federal or department regulation, and

f. administer and enforce the provisions of the

Oklahoma Motor Carrier Safety and Hazardous Materials Transportation

Act and any rules and regulations issued pursuant thereto.

Any such officer, employee or agent shall, upon request,

display proper credentials prescribed or approved by the

Commissioner.
Okla. Stat. tit. 47, § 47-12-101.2 — OK Code / Title 47 / Section 47-12-101.2
Construction of act - Severability
Status: in_force

This act shall be liberally construed so as to effectuate the

purposes stated herein. The provisions of this chapter shall be

severable and if any phrase, clause, sentence or provision of this

chapter is declared to be invalid or to be preempted by federal law

or regulation, the validity of the remainder of this chapter shall

not be affected thereby, and the remaining provisions shall be in

full force and effect.
Okla. Stat. tit. 47, § 47-3-105 — OK Code / Title 47 / Section 47-3-105
Licensed Operator Advisory Committee
Status: in_force

A. To assist and advise the Service Oklahoma Operator Board, a

Licensed Operator Advisory Committee is hereby created.

B. The Licensed Operator Advisory Committee shall consist of

seven (7) members appointed by the Service Oklahoma Operator Board

as follows:

1. Two members who shall be licensed operators, appointed by

the Service Oklahoma Operator Board, from counties with a population

under thirty thousand (30,000) according to the latest Federal

Decennial Census data;

2. Two members who are licensed operators, appointed by the

Service Oklahoma Operator Board, from counties with a population

between thirty thousand one (30,001) and one hundred thousand

(100,000) according to the latest Federal Decennial Census data;

3. Two members who are licensed operators, appointed by the

Service Oklahoma Operator Board, from counties with a population

over one hundred thousand (100,000) according to the latest Federal

Decennial Census data; and

4. One member who shall be an employee of Service Oklahoma,

appointed by the Director of Service Oklahoma.

C. Members appointed to the first Licensed Operator Advisory

Committee shall serve the following terms:

Oklahoma Statutes - Title 47. Motor Vehicles Page 205

1. The Service Oklahoma Operator Board shall select one member

appointed pursuant to the provisions of paragraph 1 of subsection B

of this section, one member appointed pursuant to the provisions of

paragraph 2 of subsection B of this section, and one member

appointed pursuant to the provisions of paragraph 3 of subsection B

of this section to serve two-year terms. Subsequent appointments

shall serve two-year terms;

2. The Service Oklahoma Operator Board shall select one member

appointed pursuant to the provisions of paragraph 1 of subsection B

of this section, one member appointed pursuant to the provisions of

paragraph 2 of subsection B of this section, and one member

appointed pursuant to the provisions of paragraph 3 of subsection B

of this section to serve three-year terms. Subsequent appointments

shall serve two-year terms; and

3. The member appointed pursuant to the provisions of paragraph

4 of subsection B of this section shall serve a two-year term. All

subsequent appointments shall serve two-year terms.

D. Members of the Licensed Operator Advisory Committee shall

serve at the pleasure of his or her appointing authority and may be

removed or replaced with or without cause.

E. Any vacancy shall be filled in the same manner as original

appointments.

F. The Service Oklahoma Operator Board has the authority to

determine the qualifications and duties of the members of the

Licensed Operator Advisory Committee.
Okla. Stat. tit. 47, § 47-7-217 — OK Code / Title 47 / Section 47-7-217
Disposition of security
Status: in_force

Oklahoma Statutes - Title 47. Motor Vehicles Page 415

Such security shall be applicable and available only

1. For the payment of any settlement agreement covering any

claim arising out of the accident upon instruction of the person who

made the deposit, or

2. For the payment of a judgment or judgments, rendered against

the person required to make the deposit, for damages arising out of

the accident in an action at law begun not later than one (1) year

after the deposit of such security, or within one (1) year after the

date of deposit of any security following failure to make payments

under an agreement to pay.
Okla. Stat. tit. 47, § 47-6-212.5 — OK Code / Title 47 / Section 47-6-212.5
Impaired Driver Accountability Program
Status: in_force

A. The Impaired Driver Accountability Program (IDAP)

established by the Department of Public Safety is hereby transferred

to the Board of Tests for Alcohol and Drug Influence for impaired

driving arrests occurring on or after November 1, 2022. The Board

of Tests for Alcohol and Drug Influence shall charge an

administrative fee of One Hundred Fifty Dollars ($150.00) to each

person entered into IDAP. One Hundred Dollars ($100.00) of each

administrative fee shall be deposited in the General Revenue Fund of

the State Treasury. Twenty-five Dollars ($25.00) of each

administrative fee shall be deposited in the Department of Public

Safety Restricted Revolving Fund. Twenty-five Dollars ($25.00) of

each administrative fee shall be deposited in the Board of Tests for

Alcohol and Drug Influence Revolving Fund. The Board of Tests for

Alcohol and Drug Influence shall promulgate rules necessary to

administer the program. The IDAP rules shall require, at a minimum:

1. Installation of an approved ignition interlock device for

the periods set forth in Section 6-205.1 of this title;

2. A description of ignition interlock violations;

Oklahoma Statutes - Title 47. Motor Vehicles Page 392

3. A description of criteria to determine acceptable

participation in the program;

4. Required violation-free periods of no less than ninety (90)

days at the end of each program to demonstrate compliance by the

participant;

5. Criteria for medical exemptions from ignition interlock

requirements for persons submitting a pulmonologist’s certification

indicating the person has a documented medical condition preventing

the person from providing a breath sample of at least one and two-

tenths (1.2) liters. Medical exemptions shall not be construed to

grant the person driving privileges during the revocation;

6. Criteria for granting employer exceptions to ignition

interlock requirements in vehicles owned or leased by the employer.

Employer exceptions under this paragraph shall not be construed to

relieve the person from completing the Impaired Driver

Accountability Program. Employer exceptions under this paragraph

are only authorized for revocations imposed in accordance with

paragraph 1 of subsection A of Section 6-205.1 of this title; and

7. Criteria for granting affordability accommodations to

persons on public assistance programs or whose family income is at

or below one hundred fifty percent (150%) of the federal poverty

level.

B. Upon successful completion of the program, in accordance

with the rules of the Board of Tests for Alcohol and Drug Influence,

the person will be provided a completion certificate. Upon

presentation of the IDAP completion certificate and documentation

required by Section 6-212.2 of this title and payment of the

required statutory fees, Service Oklahoma will reinstate the driving

privileges of the person, if otherwise eligible.

C. The Board is authorized to promulgate rules necessary to

regulate ignition interlock devices and the providers of such

devices, which shall be subject to suspension or revocation in

accordance with the rules promulgated by the Board. The Board is

authorized to charge appropriate fees for operations incidental to

its required duties and responsibilities. No interlock provider

utilizing a lease, clause, or contractual agreement that authorizes

the provider to impound, physically immobilize, or seize a vehicle

for outstanding debts or arrears may be licensed by the Board.

D. The Board is authorized to prescribe uniform standards and

conditions for, and to approve satisfactory methods, procedures,

techniques, devices, equipment, and records for, ignition interlock

device performance and data.

E. The Board is authorized to prescribe and approve the

requisite education and training for the performance of ignition

interlock services. The Board shall establish standards and

ascertain the qualifications and competence of individuals who

provide ignition interlock services and to issue permits to such

Oklahoma Statutes - Title 47. Motor Vehicles Page 393

individuals and service centers which shall be subject to suspension

or revocation in accordance with the rules promulgated by the Board.

F. The driving record of a person subject to revocation under

the provisions of Section 753 or 754 of this title contained in

paragraph 1 of subsection A of Section 6-205.1 of this title,

excluding those subject to revocation under the provisions of

paragraph 2 of subsection A of Section 6-205 of this title, who

enrolls in IDAP in accordance with this paragraph shall be updated

to indicate completion of IDAP without revocation, provided the

following requirements are satisfied:

1. At the time of the arrest, the person was a holder of a

Class D driver license and was not driving or in actual physical

control of a commercial motor vehicle;

2. The Board of Tests for Alcohol and Drug Influence receives

the request for IDAP participation and payment of the program

administration fee as set forth in this section within thirty (30)

calendar days from the date of the receipt of the revocation notice

from Service Oklahoma;

3. The person is otherwise eligible for driving privileges in

Oklahoma on the date he or she enrolls in IDAP;

4. The person provides proof of enrollment in IDAP to Service

Oklahoma and obtains a restricted driver license pursuant to Section

6-212.3 of this title prior to the revocation taking effect;

5. The person provides proof of completion of IDAP to Service

Oklahoma;

6. The person has complied with the reinstatement requirements

set forth in Section 6-212 of this title, including the payment of

any necessary fees;

7. The person provides proof of completion of the alcohol and

drug assessment and evaluation required by Section 6-212.2 of this

title; and

8. The person enrolling in IDAP in accordance with the

provisions of this subsection shall waive the right to file an

appeal pursuant to Section 6-211 of this title regarding the arrest

related to the IDAP enrollment.
Okla. Stat. tit. 47, § 47-180k — OK Code / Title 47 / Section 47-180k
Records
Status: in_force

All records of the Corporation Commission under this act shall

be maintained in, and classified as all other records in the

Transportation Division of the Corporation Commission.

Oklahoma Statutes - Title 47. Motor Vehicles Page 758
Okla. Stat. tit. 47, § 47-1104.5 — OK Code / Title 47 / Section 47-1104.5
Special license plate fee – Urban Forestry and
Status: in_force

Beautification Revolving Fund.

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

1135.5 of this title for Urban Forestry and Beautification license

plates shall be deposited by Service Oklahoma to the Urban Forestry

and Beautification Revolving Fund created in subsection B of this

section.

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

fund for the Forestry Division of the State Department of

Agriculture to be designated “Urban Forestry and Beautification

Revolving Fund”. The fund shall be a continuing fund, not subject

to fiscal year limitations, and shall consist of all monies received

by the Department pursuant to the provisions of paragraph 1 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 Division for the purpose of contracting with or providing grants

to nonprofit organizations that develop and operate programs to

encourage urban forestry and beautification. Such organizations may

apply to the Department for grants to be paid from the fund, or the

Department may solicit bids for contracts for particular services

related to urban forestry and beautification to be paid from the

fund. 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, § 47-1143.1 — OK Code / Title 47 / Section 47-1143.1
Oklahoma Motor License Agent Indemnity Fund - Oklahoma Licensed Operator
Status: in_force

Oklahoma Statutes - Title 47. Motor Vehicles Page 33Licensed Operator Indemnity Fund.

A. 1. There is hereby created the Oklahoma Motor License Agent

Indemnity Fund. The fund shall be a continuing fund, not subject to

fiscal year limitations, and shall consist of annual assessments

levied on licensed operators. All monies accruing to the credit of

the funds are hereby appropriated and may be expended, in amounts

and as authorized by the Legislature, by the Office of Management

and Enterprise Services. The purpose of the fund is to ensure that

Service Oklahoma recovers tax revenue and the Corporation Commission

recovers apportioned vehicle registration fees, not remitted to

either because of negligence, malfeasance or fraud by a licensed

operator. In addition, claims arising from licensed operator errors

and omissions may be paid from monies in the fund in excess of Five

Hundred Thousand Dollars ($500,000.00). Upon final determination by

Service Oklahoma of a tax revenue shortage or liability of a

licensed operator whose Service Oklahoma location has been closed,

or by the Corporation Commission of apportioned vehicle registration

fee shortage, a claim in the amount of such liability may be made by

either Service Oklahoma or the Corporation Commission against the

fund. The claim shall be paid out of the fund by the Office of

Management and Enterprise Services. At least sixty (60) days'

written notice shall be given to the delinquent licensed operator

before any such claim is paid. The Office shall have the power to

seek restitution to the fund from any licensed operator whose

liability was paid out of the fund. The monies in the fund shall be

invested by the State Treasurer and the interest shall be deposited

in the fund. Beginning January 1, 2023, all funds to be deposited

in the Oklahoma Motor License Agent Indemnity Fund shall be

deposited in the Oklahoma Licensed Operator Indemnity Fund.

2. There is hereby created the Oklahoma Licensed Operator

Indemnity Fund. The fund shall be a continuing fund, not subject to

fiscal year limitations, and shall consist of annual assessments

levied on licensed operators. Beginning January 1, 2023, all monies

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

be expended in amounts and as authorized by the Legislature and by

the Office of Management and Enterprise Services. The purpose of

the fund is to ensure that Service Oklahoma recovers revenue fees

not remitted to it because of negligence, malfeasance, or fraud by a

licensed operator. In addition, claims arising from licensed

operator errors and omissions may be paid from monies in the fund in

excess of Five Hundred Thousand Dollars ($500,000.00). Upon final

determination by Service Oklahoma of a tax revenue shortage or

liability of a licensed operator whose Service Oklahoma location has

been closed, or by the Corporation Commission of apportioned vehicle

registration fee shortage, a claim in the amount of such liability

may be made by either Service Oklahoma or the Corporation Commission

Oklahoma Statutes - Title 47. Motor Vehicles Page 1429

against the fund. The claim shall be paid out of the fund by the

Office of Management and Enterprise Services. At least sixty (60)

days' written notice shall be given to the delinquent licensed

operator before any such claim is paid. The Office of Management

and Enterprise Services shall have the power to seek restitution to

the fund from any licensed operator whose liability was paid out of

the fund. The monies in the fund shall be invested by the State

Treasurer and the interest shall be deposited in the fund.

B. Each fiscal year, the Office of Management and Enterprise

Services shall collect and deposit into the fund an annual

assessment from all licensed operators that have been operating for

a period of not less than one (1) year. Such assessments shall be

payable by each licensed operator on a quarterly basis. The amount

on which the assessment shall be based shall be determined annually

for each licensed operator by Service Oklahoma by dividing the

volume of tax monies collected each fiscal year by the licensed

operator by the number of reporting periods required by Service

Oklahoma. The assessments shall be in the following amounts:

1. Each licensed operator which has been in operation for more

than three (3) years and subject to the assessment pursuant to this

subsection shall pay such assessment as follows:

a. when the fund contains less than Five Hundred Thousand

Dollars ($500,000.00) on June 30 of any year, the

assessment shall be one percent (1%) of the amount

determined for the licensed operator by Service

Oklahoma, and

b. when the fund contains Five Hundred Thousand Dollars

($500,000.00) or more on June 30 of any year, Service

Oklahoma shall reduce or suspend the assessment for

such licensed operators if Service Oklahoma determines

that the fund is fiscally sound and meets the needs

for which the fund is established.

Provided, however, if the fund contains less than Five Hundred

Thousand Dollars ($500,000.00) at any time during the fiscal year

for which Service Oklahoma has reduced or suspended the assessment

hereunder, Service Oklahoma shall immediately issue an assessment

pursuant to subparagraph a of this paragraph in an amount equal to

the amount which would have been paid during the remaining quarters

of the fiscal year; and

2. Each licensed operator which has been in operation for less

than three (3) years but more than one (1) year shall pay the

assessment in an amount equal to one percent (1%) of the amount

determined for the licensed operator by Service Oklahoma until the

licensed operator reaches the end of its third year of operation.

At such time, such licensed operator shall be subject to the

assessment specified in subparagraph a of paragraph 1 of this

subsection.

Oklahoma Statutes - Title 47. Motor Vehicles Page 1430

C. Any assessments required by subsection B of this section,

shall be paid in quarterly amounts and due on September 30, December

30, March 30 and June 30 of each year. Such payments shall be

deemed delinquent after October 15, January 15, April 15 and July 15

of each year. Licensed operators who are delinquent in remitting

any quarterly payment for their operating Service Oklahoma locations

in excess of fifteen (15) days after the date of the delinquency

shall be subject to dismissal.

D. No annual assessment shall exceed One Thousand Two Hundred

Dollars ($1,200.00).
Okla. Stat. tit. 47, § 47-1022 — OK Code / Title 47 / Section 47-1022
Seating capacity - Passengers
Status: in_force

Transportation network companies shall adopt a policy

prohibiting the provision of prearranged rides in any vehicle with a

manufacturer's designed seating capacity of more than fifteen

persons, including the driver, and prohibiting the transportation of

multiple passengers in numbers exceeding the manufacturer's designed

seating capacity.
Okla. Stat. tit. 47, § 47-1-178 — OK Code / Title 47 / Section 47-1-178
Traffic control signal
Status: in_force

Any device, whether manually, electrically or mechanically

operated, by which traffic is alternately directed to stop and to

proceed.
Okla. Stat. tit. 47, § 47-11-401 — OK Code / Title 47 / Section 47-11-401
Vehicle approaching or entering intersection
Status: in_force

Oklahoma Statutes - Title 47. Motor Vehicles Page 483

A. Whether a stop sign or yield sign is present, visible or

not, the driver of a vehicle shall yield the right-of-way and shall

not proceed until it is safe to do so, when the driver is:

1. On a county road upon approaching an intersection with a

state or federal highway;

2. On a private drive or any road not maintained by the county

or state upon approaching an intersection with a state or federal

highway or a county road;

3. On an unpaved county road upon approaching an intersection

with a paved county road; or

4. On a county road, which ends at, merges with, or does not

otherwise continue directly across an intersecting through county

road, upon approaching the intersection with the through county

road.

For purposes of this subsection, "paved road" means a road

improved with a surface of concrete, asphalt, or what is commonly

referred to as oil and chip, and "unpaved road" means all other

roads.

B. When two vehicles enter or approach an intersection from

different highways at approximately the same time, except as

provided in subsection A of this section, the driver of the vehicle

on the left shall yield the right-of-way to the vehicle on the

right.

C. The right-of-way rules declared in subsections A and B of

this section are modified at through highways and otherwise as

hereinafter stated in this chapter.
Okla. Stat. tit. 47, § 47-11-701 — OK Code / Title 47 / Section 47-11-701
Obedience to signal indicating approach of train
Status: in_force

A. Whenever any person driving a vehicle approaches a railroad

grade crossing under any of the circumstances stated in this

section, the driver of such vehicle shall stop within fifty (50)

feet but not less than fifteen (15) feet from the nearest rail of

such railroad, and shall not proceed until he can do so safely. The

foregoing requirements shall apply when:

1. A clearly visible electric or mechanical signal device gives

warning of the immediate approach of a railroad train or other on-

track equipment;

2. A crossing gate is lowered or when a human flagman gives or

continues to give a signal of the approach or passage of a railroad

train or other on-track equipment;

Oklahoma Statutes - Title 47. Motor Vehicles Page 492

3. A railroad train or other on-track equipment approaching

within approximately one thousand five hundred (1,500) feet of the

highway crossing emits a signal audible from such distance and such

railroad train or other on-track equipment, by reason of its speed

or nearness to such crossing, is an immediate hazard;

4. An approaching railroad train or other on-track equipment is

plainly visible and is in hazardous proximity to such crossing; or

5. The tracks at the crossing are not clear.

B. No person shall drive any vehicle through, around or under

any crossing gate or barrier at a railroad crossing while such gate

or barrier is closed or is being opened or closed or fail to obey

the directions of a law enforcement officer at the crossing.

C. The operator of any Class A, B, or C commercial vehicle not

required to stop at all railroad crossings, as prescribed in Section

11-702 of this title, shall slow down and check that the tracks are

clear of an approaching train.
Okla. Stat. tit. 47, § 47-2-309.9 — OK Code / Title 47 / Section 47-2-309.9
Commissioned or CLEET-certified agents of the Office
Status: in_force

of the Attorney General.

Commissioned or CLEET-certified agents of the Office of the

Attorney General who are hired on or after July 1, 2024, shall

participate in and make contributions to the Oklahoma Law

Enforcement Retirement System as other participating employers and

members of the System. Such employees shall not make contributions

to any plan offered by the Oklahoma Public Employees Retirement

System, other than the Oklahoma State Employees Deferred

Compensation Plan and the Oklahoma State Employees Deferred Savings

Incentive Plan. The Office of the Attorney General shall be a

participating employer in the Oklahoma Law Enforcement Retirement

System for all Office of the Attorney General commissioned or CLEET-

certified agents who participate in the Oklahoma Law Enforcement

Retirement System pursuant to the provisions of this section.
Okla. Stat. tit. 47, § 47-6-111v1 — OK Code / Title 47 / Section 47-6-111v1
Issuance of license or identification card - Temporary
Status: in_force

driver license - "Sex Offender" license or card – Original, renewal or replacement of modifiedpermit - Restricted commercial driver license - "Sex Offender"

license or card – Original, renewal or replacement of modified

driving privileges.

A. 1. Service Oklahoma shall, upon payment of the required

fee, issue to every applicant qualifying therefor a Class A, B, C or

D driver license or identification card as applied for, which

license or card shall bear thereon a distinguishing alphanumeric

identification assigned to the licensee or cardholder, date of

issuance and date of expiration of the license or card, the full

legal name, signature or computerized signature, date of birth,

residence address, unless specified as an exception in 6 C.F.R.,

Section 37.17, sex, a computerized color image of the licensee or

cardholder taken in accordance with Service Oklahoma rules and

security features as determined by Service Oklahoma. The image

shall depict a full front unobstructed view of the entire face of

the licensee or cardholder; provided, a commercial learner permit

shall not bear the image of the licensee. When any person is issued

both a driver license and an identification card, Service Oklahoma

shall ensure the information on both the license and the card are

the same, unless otherwise provided by law.

2. A driver license or identification card issued by Service

Oklahoma on or after March 1, 2004, shall bear thereon the county of

residence of the licensee or cardholder.

3. Service Oklahoma may cancel the distinguishing number, when

that distinguishing number is another person’s Social Security

Oklahoma Statutes - Title 47. Motor Vehicles Page 332

number, assign a new distinguishing alphanumeric identification, and

issue a new license or identification card without charge to the

licensee or cardholder.

4. Service Oklahoma may promulgate rules for inclusion of the

height and a brief description of the licensee or cardholder on the

face of the card or license identifying the licensee or cardholder

as deaf or hard-of-hearing.

5. It is unlawful for any person to apply, adhere, or otherwise

attach to a driver license or identification card any decal,

sticker, label, or other attachment. Any law enforcement officer is

authorized to remove and dispose of any unlawful decal, sticker,

label, or other attachment from the driver license of a person. The

law enforcement officer, the employing agency of the officer,

Service Oklahoma, and the State of Oklahoma shall be immune from any

liability for any loss suffered by the licensee, cardholder, or the

owner of the decal, sticker, label, or other attachment caused by

the removal and destruction of the decal, sticker, label, or other

attachment.

6. Service Oklahoma may develop by rule a procedure which

complies with the provisions of subsection G of Section 6-101 of

this title whereby a person may apply for a renewal or replacement

Oklahoma Class D license or Oklahoma identification card.

B. 1. Service Oklahoma may issue or authorize the issuance of

a temporary permit or license to an applicant for a driver license

permitting such applicant to operate a motor vehicle while Service

Oklahoma is completing its investigation and determination of all

facts relative to such applicant’s privilege to receive a license,

or while a permanent driver license is being produced and delivered

to the applicant. Such permit or license must be in the immediate

possession of the driver while operating a motor vehicle, and it

shall be invalid when the applicant’s permanent driver license has

been issued and delivered or for good cause has been refused.

2. Service Oklahoma may issue or authorize the issuance of a

temporary identification card to an applicant, permitting the holder

the privileges otherwise granted by identification cards, while a

permanent driver license is being provided and delivered to the

applicant. Such card shall be invalid when the applicant’s

permanent identification card has been issued and delivered, or for

good cause has been refused.

C. 1. Service Oklahoma may issue a restricted commercial

driver license to drivers eighteen (18) years of age or older for

any of the following specific farm-related service industries:

a. farm retail outlets and suppliers,

b. agri-chemical businesses,

c. custom harvesters, and

d. livestock feeders.

Oklahoma Statutes - Title 47. Motor Vehicles Page 333

The applicant shall have held a valid driver license for at

least one (1) year. Applicants with more than two (2) years of

driving experience shall have a good driving record for the most

recent two-year period and shall meet all the requirements for a

commercial driver license. The restricted commercial driver license

shall not exceed the maximum total days that federal law allows.

Applicants for the restricted commercial driver license shall be

exempt from the knowledge and skills test. Application of the

restricted commercial driver license does not have to be used in

consecutive days. The use of the permit shall be declared at

application.

2. A “good driving record” as used in this subsection shall

mean an applicant:

a. has not had more than one license,

b. has not had any license suspended, revoked, or

canceled,

c. has not had any conviction for any type of

disqualifying offenses or serious traffic violations,

or

d. has not had any conviction for a violation of state or

local law relating to motor vehicle traffic control,

other than a parking violation, arising in connection

with any traffic accident and has no record of an

accident in which he or she is at fault.

3. The restricted commercial driver license shall not be valid

for operators of commercial motor vehicles beyond one hundred fifty

(150) miles from the place of business or the farm currently being

served. Such license shall be limited to Class B or C vehicles.

Holders of such licenses who transport hazardous materials which are

required to be placarded shall be limited to the following:

a. diesel fuel in quantities of one thousand (1,000)

gallons or less,

b. liquid fertilizers in vehicles with total capacities

of three thousand (3,000) gallons or less, and

c. solid fertilizers that are not mixed with any organic

substance.

No other placarded hazardous materials shall be transported by

holders of such licenses.

D. 1. Service Oklahoma may issue a non-domiciled commercial

learner permit or a non-domiciled commercial driver license.

2. A person applying for such permit or license must comply

with all testing and licensing requirements in accordance with

applicable federal regulations, state laws, and Service Oklahoma

rules. The expiration of the issued license shall be the same date

as the expiration of the visa for the non-domiciled worker. Service

Oklahoma may promulgate rules for the implementation of the process

to carry out the provisions of this section.

Oklahoma Statutes - Title 47. Motor Vehicles Page 334

3. A person holding a non-domiciled commercial driver license

or non-domiciled commercial learner’s permit within this state shall

also possess a valid work visa and provide proof of citizenship to

validate his or her identity while operating a commercial motor

vehicle. Proof of citizenship shall be demonstrated through

presentation of a birth certificate, naturalization certificate, or

valid passport.

4. A commercial motor carrier whose driver is found to be in

violation of this subsection 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.

5. A driver found to be in violation of this subsection 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 subsection. 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 by 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.

6. 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.

7. As used in this subsection, a non-domiciled commercial

driver license or non-domiciled commercial learner permit shall have

the same meaning as that provided in 49 C.F.R., Section 383.5.

E. 1. Service Oklahoma shall develop a procedure whereby a

person applying for an original, renewal or replacement Class A, B,

C or D driver license or identification card who is required to

register as a convicted sex offender with the Department of

Corrections pursuant to the provisions of the Sex Offenders

Registration Act and who the Department of Corrections designates as

an aggravated or habitual offender pursuant to subsection J of

Oklahoma Statutes - Title 47. Motor Vehicles Page 335

Section 584 of Title 57 of the Oklahoma Statutes shall be issued a

license or card bearing the words “Sex Offender”.

2. Service Oklahoma shall notify every person subject to

registration under the provisions of Section 1-101 et seq. of this

title who holds a current Class A, B, C or D driver license or

identification card that such person is required to surrender the

license or card to Service Oklahoma within one hundred eighty (180)

days from the date of the notice.

3. Upon surrendering the license or card for the reason set

forth in this subsection, application may be made with Service

Oklahoma for a replacement license or card bearing the words “Sex

Offender”.

4. Failure to comply with the requirements set forth in such

notice shall result in cancellation of the person’s license or card.

Such cancellation shall be in effect for one (1) year, after which

time the person may make application with Service Oklahoma for a new

license or card bearing the words “Sex Offender”. Continued use of

a canceled license or card shall constitute a misdemeanor and shall,

upon conviction thereof, be punishable by a fine of not less than

Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars

($200.00). When an individual is no longer required to register as

a convicted sex offender with the Department of Corrections pursuant

to the provisions of the Sex Offenders Registration Act, the

individual shall be eligible to receive a driver license or

identification card which does not bear the words “Sex Offender”.

F. Nothing in subsection E of this section shall be deemed to

impose any liability upon or give rise to a cause of action against

any employee, agent or official of the Department of Corrections for

failing to designate a sex offender as an aggravated or habitual

offender pursuant to subsection J of Section 584 of Title 57 of the

Oklahoma Statutes.

G. A person subject to an order for the installation of an

ignition interlock device shall be required by Service Oklahoma to

submit his or her driver license for a replacement. The replacement

driver license shall bear the words “Interlock Required” and such

designation shall remain on the driver license for the duration of

the order requiring the ignition interlock device. The replacement

license shall be subject to the same expiration and renewal

procedures provided by law. Upon completion of the requirements for

the interlock device, a person may apply for a replacement driver

license.

H. Service Oklahoma shall develop a procedure whereby a person

applying for an original, renewal or replacement Class D driver

license who has been granted modified driving privileges under this

title shall be issued a Class D driver license which identifies the

license as a modified license.

Oklahoma Statutes - Title 47. Motor Vehicles Page 336
Okla. Stat. tit. 47, § 47-228.3 — OK Code / Title 47 / Section 47-228.3
Intrastate motor transportation fuel surcharge
Status: in_force

The Oklahoma Corporation Commission shall establish an

intrastate motor transportation fuel surcharge for common carriers

of household goods or used emigrant movables by motor vehicles over

irregular routes that shall in no instance be less than that

established by the Interstate Commerce Commission for interstate

transportation by like carriers.
Okla. Stat. tit. 47, § 47-761 — OK Code / Title 47 / Section 47-761
Operation of motor vehicle while impaired - Penalties -
Status: in_force

Oklahoma Statutes - Title 47. Motor Vehicles Page 27Suspensions - Violations not bondable.

A. Any person who operates a motor vehicle while his ability to

operate such motor vehicle is impaired by the consumption of

alcohol, or any other substance, other than alcohol, which is

capable of being ingested, inhaled, injected or absorbed into the

human body and is capable of adversely affecting the central nervous

system, vision, hearing or other sensory or motor functions shall be

subject to a fine of not less than One Hundred Dollars ($100.00) nor

more than Five Hundred Dollars ($500.00), or imprisonment in the

Oklahoma Statutes - Title 47. Motor Vehicles Page 973

county jail for not more than six (6) months, or by both such fine

and imprisonment.

B. Upon the receipt of any person’s record of conviction of

driving while impaired, when such conviction has become final,

Service Oklahoma shall suspend the driving privilege of such person,

as follows:

1. The first suspension shall be for thirty (30) days;

2. The second suspension shall be for a period of six (6)

months, which may be modified; provided, any modification under this

paragraph shall apply to Class D motor vehicles only; and

3. The third or subsequent suspension shall be for twelve (12)

months, which may be modified; provided, any modification under this

paragraph shall apply to Class D motor vehicles only.

Provided, however, Service Oklahoma shall not suspend such

privilege pursuant to this subsection if said person’s driving

privilege has been revoked based upon a test result or test refusal

pursuant to Section 753 or Section 754 of this title arising from

the same circumstances which resulted in the conviction.

C. The violations as set out in this section shall not be

bondable under Section 1115.3 of Title 22 of the Oklahoma Statutes.

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

provisions of this section or pleading guilty or nolo contendere for

a violation of any provision of this section shall be ordered to

participate in, prior to sentencing, an alcohol and drug assessment

and evaluation by an assessment agency or assessment personnel

certified by the Department of Mental Health and Substance Abuse

Services for the purpose of evaluating the receptivity to treatment

and prognosis of the person. The court shall order the person to

reimburse the agency or assessor for the assessment and evaluation.

The fee for an assessment and evaluation shall be the amount

provided in subsection C of Section 3-460 of Title 43A of the

Oklahoma Statutes. The evaluation shall be conducted at a certified

assessment agency, the office of a certified assessor or at another

location as ordered by the court. The agency or assessor shall,

within seventy-two (72) hours from the time the person is assessed,

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

the court in its final sentencing determination. If such report

indicates that the evaluation 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 a deferred sentence and

a suspended sentence, require the person to follow all

recommendations identified by the assessment and evaluation and

ordered by the court. No person, agency or facility operating an

alcohol and drug substance abuse evaluation program certified by the

Department of Mental Health and Substance Abuse Services shall

solicit or refer any person evaluated pursuant to this section for

Oklahoma Statutes - Title 47. Motor Vehicles Page 974

any treatment program or alcohol and drug 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 alcohol and drug substance abuse

service offered by such person, agency or facility. Any evaluation

report submitted to the court pursuant to 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 and any other sanction authorized by law for failure or

refusal to comply with an order of the court.
Okla. Stat. tit. 47, § 47-11-1118 — OK Code / Title 47 / Section 47-11-1118
Forget-Me-Not Vehicle Safety Act - Short title
Status: in_force

This act shall be known and may be cited as the “Forget-Me-Not

Vehicle Safety Act”.
Okla. Stat. tit. 47, § 47-6-205.3 — OK Code / Title 47 / Section 47-6-205.3
Expired license while in prison — Extension period —
Status: in_force

Replacement license.

A. Any person who held a valid, unexpired Oklahoma driver

license upon imprisonment in the custody of the Department of

Corrections which expired within the last three (3) years during the

person’s term of imprisonment, shall have the expiration date of his

or her driver license extended for a period of six (6) months after

he or she is released from the custody of the Department of

Oklahoma Statutes - Title 47. Motor Vehicles Page 377

Corrections. Upon release from custody, Service Oklahoma shall mail

a replacement driver license to an address provided by the person.

B. Service Oklahoma and the Department of Corrections shall

enter into a data-sharing agreement to facilitate the exchange of

necessary data to carry out the provisions of this section.

C. Service Oklahoma and the Department of Corrections are

authorized to promulgate rules and procedures to implement the

provisions of this section.
Okla. Stat. tit. 47, § 47-230.25 — OK Code / Title 47 / Section 47-230.25
Shipping documentation - Penalty for violation of act
Status: in_force

A. Every motor carrier, subject to the Motor Carrier Act of

1995, receiving property for transportation in intrastate commerce

shall issue a receipt or bill of lading therefor, the form of which

shall be prescribed by the Commission.

B. Any person, motor carrier, or shipper who shall willfully

violate any provisions of the Motor Carrier Act of 1995 by any means

shall be deemed guilty of a misdemeanor and upon conviction thereof

be fined as provided by law.
Okla. Stat. tit. 47, § 47-11-1010 — OK Code / Title 47 / Section 47-11-1010
Erection and maintenance of certain parking signs -
Status: in_force

Window stickers and other parking identification.

A. The Department of Transportation in coordination with the

Department of Public Safety shall have the authority to erect and

maintain signs reserving, restricting or regulating the placing,

stopping, standing or parking of vehicles within the boundaries of

the following:

1. State Capitol Park; and

2. State Capitol Complex in Tulsa.

B. The Department of Public Safety may prepare and issue window

stickers or other means of identification except as provided in

Section 15.3 of Title 73 of the Oklahoma Statutes as the

Commissioner of Public Safety shall deem necessary for the

enforcement of this section, Section 11-1009 of this title and

Section 15.3 of Title 73 of the Oklahoma Statutes.
Okla. Stat. tit. 47, § 47-116.11 — OK Code / Title 47 / Section 47-116.11
Renumbered as Section 2-105.4A of this title by Laws
Status: in_force

2001, c. 131, § 17, eff. July 1, 2001.
Okla. Stat. tit. 47, § 47-1123 — OK Code / Title 47 / Section 47-1123
Reciprocal compacts and agreements
Status: in_force

Service Oklahoma is hereby authorized and empowered to enter

into and make reciprocal compacts and agreements when Service

Oklahoma deems same to be in the interest of the residents of the

State of Oklahoma, with the proper authorities of other states,

concerning all motor vehicles engaged in foreign and interstate

commerce upon and over the public highways.

Such compacts and agreements shall grant to the residents of

other states privileges substantially like and equal to those

granted by such states to Oklahoma residents; provided, that such

compacts and agreements shall not supersede or suspend any laws,

rules or regulations of this state applying to vehicles operated

Oklahoma Statutes - Title 47. Motor Vehicles Page 1186

intrastate in this state. Privileges so granted shall extend only

to persons who comply with the laws of the state of their residence.

Such compacts and agreements shall not operate to supersede or

suspend the application of any laws of this state, except insofar as

they apply to the payment of vehicle license fees or other motor

vehicle taxes charged residents of the states with which such

compacts and agreements are made; provided, however, that the power

and authority and discretion of the Corporation Commission to make

and enforce rules and regulations governing motor carriers for hire,

or to grant or deny certificates or permits to motor carriers for

hire shall not be superseded or suspended by any such compact and

agreement.
Okla. Stat. tit. 47, § 47-225 — OK Code / Title 47 / Section 47-225
Auto buses operating under certificate or permit or
Status: in_force

license - Prohibiting stopping, loading, unloading and parking.

Any city of this state may, by a duly adopted ordinance,

prohibit any auto bus being operated under a certificate of

convenience and necessity or permit or license issued by the

Corporation Commission of Oklahoma transporting passengers for hire

to, from or through said city from stopping, except in cases of

accident or other emergencies, on the streets or alleys within a

specified area of the city where the traffic is congested, and

loading and unloading passengers while so stopped; and also prohibit

the parking of any such automobile or auto bus on the streets or

alleys in such congested area. Nothing contained in this act shall

Oklahoma Statutes - Title 47. Motor Vehicles Page 760

authorize any city or town to designate the location of passenger

terminals or bus stations.
Okla. Stat. tit. 47, § 47-6-309 — OK Code / Title 47 / Section 47-6-309
Operation of Class D motor vehicle under Class A, B or C
Status: in_force

commercial license.

Notwithstanding any other provision of law, any person who

lawfully possesses a valid Oklahoma Class A, B or C commercial

license shall be entitled to operate a Class D motor vehicle or

motorcycle or motor-driven cycle in accordance with the driver

license granted and the endorsements thereon until the expiration of

said license, except for any period of time in which the license has

been canceled, suspended or revoked.
Okla. Stat. tit. 47, § 47-1-120.1 — OK Code / Title 47 / Section 47-1-120.1
Gross combination weight rating (GCWR)
Status: in_force

Gross Combination Weight Rating (GCWR).

The value specified by the manufacturer as the loaded weight of

a combination or articulated vehicle. In the absence of a value

specified by the manufacturer, the gross combination weight rating

shall be determined by adding the gross vehicle weight rating of the

power unit and the total weight of the towed unit and any load

thereon.
Okla. Stat. tit. 47, § 47-1001 — OK Code / Title 47 / Section 47-1001
Short title
Status: in_force

This act shall be known as the "Oklahoma Ridesharing Act".
Okla. Stat. tit. 47, § 47-1-154 — OK Code / Title 47 / Section 47-1-154
Residence district
Status: in_force

The territory contiguous to and including a highway not

comprising a business district when the property on such highway for

a distance of three hundred (300) feet or more is in the main

improved with residences or residences and buildings in use for

business.
Okla. Stat. tit. 47, § 47-7-602 — OK Code / Title 47 / Section 47-7-602
Certification of existence of security — Online
Status: in_force

verification system — Exemptions.

A. 1. The owner of a motor vehicle registered in this state

shall carry in the vehicle at all times a current owner's security

verification form listing the vehicle or an equivalent form which

has been issued by the Department of Public Safety, and the operator

of the vehicle shall produce the form upon request for inspection by

any law enforcement officer or representative of the Department and,

in case of an accident, the form shall be shown upon request to any

person affected by the accident.

2. a. Every person registering a motor vehicle in this

state, except a motor vehicle which is not being used

upon the public highways or public streets, or a

manufactured home while on a permanent foundation, at

the time of registration of the vehicle, shall certify

the existence of security with respect to the vehicle

by providing to a licensed operator or other

registering agency necessary information from the

current owner's security verification in a manner that

allows verification of coverage through the online

verification system. The information shall include

the name or number issued by the National Association

of Insurance Commissioners of the current insurance

carrier authorized to do business in this state and

the policy number applicable to the vehicle being

registered. A licensed operator or other registering

agency shall require the submission of the form or

other verifying information prior to processing an

application for registration or renewal.

b. Every licensed operator or other registering agency

shall use the online verification system to certify

the existence of security with respect to the vehicle

from an insurance carrier authorized to do business in

this state unless the online verification system is

not online or the required information is otherwise

not available. In such a case, the licensed operator

or other registering agency may accept verification as

provided in subparagraph a of this paragraph or from a

Oklahoma Statutes - Title 47. Motor Vehicles Page 436

licensed insurance producer or customer service

representative to certify the existence of the

required insurance prior to processing any application

for motor vehicle registration. Every licensed

operator or other registering agent shall allow

submission of proof from a licensed insurance producer

or customer service representative pursuant to this

subparagraph via electronic mail at no additional cost

to the person registering the vehicle.

3. Fleet vehicles operating under the authority of the

Corporation Commission, the Federal Highway Administration, or

vehicles registered pursuant to the provisions of Section 1120 of

this title, shall certify the existence of security with respect to

each vehicle at the time of registration by submitting one of the

following:

a. a current owner's security verification form verifying

the existence of security as required by the

Compulsory Insurance Law, or

b. a permit number verified by the Corporation Commission

indicating the existence of a current liability

insurance policy. Provided, in the event the

Corporation Commission is unable to verify the

existence of insurance as provided herein in a prompt

and timely fashion, the Corporation Commission may

accept a current single state registration form issued

by the Corporation Commission or any other regulating

entity with which the Corporation Commission has

entered into a reciprocal compact or agreement

regarding the regulation of motor vehicles engaged in

interstate or foreign commerce upon and over the

public highways.

4. The following shall not be required to carry an owner's or

operator's security verification form or an equivalent form from the

Department of Public Safety during operation of the vehicle and

shall not be required to surrender a security verification form for

vehicle registration purposes:

a. any vehicle owned or leased by the federal or state

government, or any agency or political subdivision

thereof,

b. any vehicle bearing the name, symbol, or logo of a

business, corporation or utility on the exterior and

which is in compliance with the provisions of the

Compulsory Insurance Law according to records of the

Corporation Commission which reflect a deposit or

fleet policy,

Oklahoma Statutes - Title 47. Motor Vehicles Page 437

c. fleet vehicles maintaining current vehicle liability

insurance as required by the Corporation Commission or

any other regulating entity,

d. any licensed taxicab, and

e. any vehicle owned by a licensed used motor vehicle

dealer.

5. Any person who knowingly issues or promulgates false or

fraudulent information in connection with either an owner's or

operator's security verification form or an equivalent form which

has been issued by the Department of Public Safety shall be guilty

of a misdemeanor and upon conviction shall be subject to a fine not

exceeding Five Hundred Dollars ($500.00), or imprisonment for not

more than six (6) months, or by both such fine and imprisonment.

B. Each licensed operator is authorized to charge a fee of One

Dollar and fifty cents ($1.50) to each person to whom the licensed

operator issues a certificate of registration and who is required to

surrender proof of financial responsibility, or for whom the

licensed operator certifies the existence of financial

responsibility through an authorized online certification system,

pursuant to the provisions of the Compulsory Insurance Law. The fee

may be retained by the licensed operator as compensation for

services in processing the proof of financial responsibility and for

processing the driver license information, insurance verification

information, and other additional information furnished to the

licensed operator pursuant to Section 1112 of this title, if such

licensed operator does not receive the maximum compensation as

authorized by law.
Okla. Stat. tit. 47, § 47-1122 — OK Code / Title 47 / Section 47-1122
Temporary license - Fee
Status: in_force

A. Whenever any nonresident owning any motor bus, truck, truck-

tractor, trailer or semitrailer, which has been registered under the

laws of another state and bears a current registration from such

state, brings such vehicle into this state, for the purpose of using

the vehicle for hire or other commercial purpose, for a temporary

period of time not to exceed ninety (90) days, such person may,

Oklahoma Statutes - Title 47. Motor Vehicles Page 1185

immediately after entering this state, upon the filing of an

application therefor with Service Oklahoma, and the payment of a

license fee equal to one-eighth (1/8) of the annual license fee

required of such vehicle, register same for a period of thirty (30)

days in lieu of obtaining an annual registration and license

therefor; he may upon payment of one-fourth (1/4) of the annual

license fee register it for a period of sixty (60) days or for

ninety (90) days upon the payment of three-eighths (3/8) of the

annual license fee in lieu of obtaining annual registration and

license therefor. Upon failure of any person to obtain or renew

this temporary license when first available, the fee due for the

remaining portion of the year shall become due and must be paid.

B. It will not be necessary for such person to obtain an

Oklahoma certificate of title evidencing ownership of such vehicle,

if the applicant therefor has been issued a valid certificate of

title or ownership for such vehicle by his home state. Service

Oklahoma will issue a certificate of registration covering each

temporary license provided by the terms of this section.

C. Provided, however, that the provisions of this section for

temporary licenses shall not apply to the residents of any other

state when the laws of such other state do not provide temporary

licensing for approximately comparable license fees for vehicles

being used in such other state by residents of Oklahoma under the

same or substantially similar purposes, terms and conditions; and,

provided further that, irrespective of the amount of the temporary

license fees provided in this section, the amount of any temporary

license fee for a vehicle of a resident of any such state shall be

determined and fixed by Service Oklahoma in the amount, or the

approximate total amount, of any license fee and any other taxes,

including property and mileage taxes, required by the laws of such

other state to be paid by a resident of Oklahoma making the same use

of a similar vehicle in such state.
Okla. Stat. tit. 47, § 47-1133.3 — OK Code / Title 47 / Section 47-1133.3
Noncommercial boat trailers and utility-type trailers -
Status: in_force

Annual registration.

At the option of the owner, Service Oklahoma is authorized to

register boat trailers and utility-type trailers, which are not

being utilized in a commercial capacity, on an annual basis for a

fee of One Dollar ($1.00).
Okla. Stat. tit. 47, § 47-14-105 — OK Code / Title 47 / Section 47-14-105
Loads on vehicles
Status: in_force

A. No vehicle shall be driven or moved on any highway unless

such vehicle is so constructed or loaded as to prevent any of its

load from dropping, sifting, leaking, blowing or otherwise escaping

therefrom, except that sand may be dropped for the purpose of

securing traction, or water or other substances may be sprinkled on

a roadway in cleaning or maintaining such roadway.

B. No person shall operate on any highway any vehicle with any

load unless said load and any covering thereon is securely fastened

so as to prevent said covering or load from becoming loose, detached

or in any manner a hazard to other users of the highway. Any

vehicle loaded with sand, cinders, or other loose material

susceptible to blowing or otherwise escaping shall have such load

covered so as to prevent the blowing or escaping of said load from

the vehicle.

Oklahoma Statutes - Title 47. Motor Vehicles Page 667

C. This section shall not apply to trucks loaded with

livestock, poultry, hay or agricultural products, provided that any

such truck shall be so constructed or loaded as to prevent such

livestock, poultry or hay from escaping therefrom.
Okla. Stat. tit. 47, § 47-566 — OK Code / Title 47 / Section 47-566
Procedure for denial, suspension or revocation of license
Status: in_force

or registration or imposing fine.

The Oklahoma New Motor Vehicle Commission may deny any

application for license or registration, or suspend or revoke a

license or registration issued or impose a fine, only after a

hearing of which the applicant, registrant, or licensee affected,

shall be given at least ten (10) days’ written notice specifying the

reason for denying the applicant a license or registration, or, in

the case of a revocation or suspension or imposition of a fine, the

offenses of which the licensee or registrant is charged. The

notices may be served as provided by law for the service of notices,

or mailing a copy by certified mail to the last-known residence or

business address of the applicant, registrant, or licensee. The

hearing on the charges shall be at such time and place as the

Commission may prescribe and the aforementioned notice shall further

specify the time and place. If the applicant, registrant, or

licensee is a salesperson, or factory , or distributor

representative, the Commission shall in like manner also notify the

person, firm, association, corporation, or trust with whom he or she

is associated, or in whose association he or she is about to enter.

The Commission shall have the power to compel the production of all

records, papers, and other documents which may be deemed relevant to

the proceeding bearing upon the complaints. The Commission shall

have the power to subpoena and bring before it any person, or take

testimony of any such person by deposition, with the same fees and

mileage and in the same manner as prescribed in proceedings before

courts of the state in civil cases. Any party to the hearing shall

have the right to the attendance of witnesses on his or her behalf

upon designating to the Commission the person or persons sought to

be subpoenaed.
Okla. Stat. tit. 47, § 47-961 — OK Code / Title 47 / Section 47-961
Referral fees - Misdemeanor
Status: in_force

It shall be unlawful and constitute a misdemeanor offense for

any person, firm, corporation or association to charge, directly or

indirectly, any wrecker service operator any fee or other

compensation for referral of service calls to such operator.
Okla. Stat. tit. 47, § 47-2-300 — OK Code / Title 47 / Section 47-2-300
Definitions
Status: in_force

As used in Section 2-300 et seq. of this title:

Oklahoma Statutes - Title 47. Motor Vehicles Page 108

1. "System" means the Oklahoma Law Enforcement Retirement

System;

2. "Act" means Section 2-300 et seq. of this title;

3. "Board" means the Oklahoma Law Enforcement Retirement Board

of the System;

4. "Executive Director" means the managing officer of the

System employed by the Board;

5. "Fund" means the Oklahoma Law Enforcement Retirement Fund;

6. "Participating employer" means any Oklahoma entity with one

or more employees who are members of the System;

7. a. "Member" means:

(1) all commissioned law enforcement officers of the

Oklahoma Highway Patrol Division of the

Department of Public Safety who have obtained

certification from the Council on Law Enforcement

Education and Training, and all cadets of a

Patrol Academy of the Department of Public

Safety,

(2) law enforcement officers and criminalists of the

Oklahoma State Bureau of Investigation,

(3) law enforcement officers of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control

designated to perform duties in the investigation

and prevention of crime and the enforcement of

the criminal laws of this state,

(4) law enforcement officers of the Alcoholic

Beverage Laws Enforcement Commission designated

to perform duties in the investigation and

prevention of crime and the enforcement of the

criminal laws of this state,

(5) employees of the Communications Section of the

Oklahoma Highway Patrol Division, radio

technicians and tower technicians of the

Department of Public Safety, who are employed in

any such capacity as of June 30, 2008, and who

remain employed on or after July 1, 2008, until a

termination of service, or until a termination of

service with an election of a vested benefit from

the System, or until retirement. Effective July

1, 2008, a person employed for the first time as

an employee of the Department of Public Safety in

the Communications Division as an information

systems telecommunication technician of the

Department of Public Safety shall not be a member

of the System,

(6) park rangers of the Oklahoma Tourism and

Recreation Department and any park manager or

Oklahoma Statutes - Title 47. Motor Vehicles Page 109

park supervisor of the Oklahoma Tourism and

Recreation Department, who was employed in such a

position prior to July 1, 1985, and who elects on

or before September 1, 1996, to participate in

the System,

(7) inspectors of the State Board of Pharmacy,

(8) active commissioned or CLEET-certified agents

hired by the Office of the Attorney General or

the Military Department of the State of Oklahoma

on or after July 1, 2024,

(9) police officers who are CLEET-certified and

employed by the University of Oklahoma or

Oklahoma State University and who participate in

the System, pursuant to Section 2-314 of this

title, and

(10) lake patrolmen or dispatchers of the Grand River

Dam Authority who participate in the System,

pursuant to Section 2-315 of this title.

b. Effective July 1, 1987, a member does not include a

"leased employee" as defined under Section 414(n)(2)

of the Internal Revenue Code of 1986, as amended.

Effective July 1, 1999, any individual who agrees with

the participating employer that the individual's

services are to be performed as a leased employee or

an independent contractor shall not be a member

regardless of any classification as a common-law

employee by the Internal Revenue Service or any other

governmental agency, or any court of competent

jurisdiction.

c. All persons offered a position described in

subparagraph a of this paragraph shall participate in

the System only upon meeting the requisite post-offer-

pre-employment examination standards which shall be

subject to the following requirements:

(1) all such persons shall be of good moral

character, free from deformities, mental or

physical conditions, or disease and alcohol or

drug addiction which would prohibit the person

from performing the duties of a law enforcement

officer,

(2) the physical-medical examination shall pertain to

age, sight, hearing, agility and other conditions

the requirements of which shall be established by

the Board,

(3) the person shall be required to meet the

conditions of this subsection prior to the

beginning of actual employment but after an offer

Oklahoma Statutes - Title 47. Motor Vehicles Page 110

of employment has been tendered by a

participating employer,

(4) the Board shall have authority to deny or revoke

membership of any person submitting false

information in such person's membership

application, and

(5) the Board shall have final authority in

determining eligibility for membership in the

System, pursuant to the provisions of this

subsection;

8. "Normal retirement date" means the date at which the member

is eligible to receive the unreduced payments of the member's

accrued retirement benefit. Such date shall be the first day of the

month coinciding with or following the date the member:

a. completes twenty (20) years of vesting service, or

b. attains sixty-two (62) years of age with ten (10)

years of vesting service, or

c. attains sixty-two (62) years of age, if:

(1) the member has been transferred to this System

from the Oklahoma Public Employees Retirement

System on or after July 1, 1981, and

(2) the member would have been vested had the member

continued to be a member of the Oklahoma Public

Employees Retirement System.

With respect to distributions under the System made for calendar

years beginning on or after January 1, 2005, the System shall apply

the minimum distribution incidental benefit requirements, incidental

benefit requirements, and minimum distribution requirements of

Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,

in accordance with the final regulations under Section 401(a)(9) of

the Internal Revenue Code of 1986, as amended, including Treasury

Regulations Sections 1.401(a)(9)-1 through 1.401(a)(9)-9; provided,

that for individuals who attain seventy and one-half (70 1/2) years

of age after December 31, 2019, but before January 1, 2023, such

distributions shall take into account that "age 70 1/2" was stricken

and "age 72" was inserted in Sections 401(a)(9)(B)(iv)(I),

401(a)(9)(C)(i)(I) and 401(a)(9)(C)(ii)(I) of the Internal Revenue

Code of 1986, as amended, and, provided further, that for

individuals who attain seventy-two (72) years of age after December

31, 2022, such distributions shall take into account that "age 72"

was stricken and "the applicable age", as defined in Section

401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended,

was inserted in Section 401(a)(9)(B)(iv)(I) of the Internal Revenue

Code of 1986, as amended (applicable to calendar year 2023), Section

401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the Internal

Revenue Code of 1986, as amended, and that the further revision of

Section 401(a)(9)(B)(iv) of the Internal Revenue Code of 1986, as

Oklahoma Statutes - Title 47. Motor Vehicles Page 111

amended, effective for calendar years after 2023 with respect to

certain distributions shall be taken into account, in all cases

notwithstanding any provision of the System to the contrary. With

respect to distributions under the System made for calendar years

beginning on or after January 1, 2001, through December 31, 2004,

the System shall apply the minimum distribution requirements and

incidental benefit requirements of Section 401(a)(9) of the Internal

Revenue Code of 1986, as amended, in accordance with the regulations

under Section 401(a)(9) of the Internal Revenue Code of 1986, as

amended, which were proposed in January 2001, notwithstanding any

provision of the System to the contrary.

Effective July 1, 1989, notwithstanding any other provision

contained herein to the contrary, in no event shall commencement of

distribution of the accrued retirement benefit of a member be

delayed beyond April 1 of the calendar year following the later of:

(1) the calendar year in which the member reaches seventy and one-

half (70 1/2) years of age for a member who attains this age before

January 1, 2020, or, for a member who attains this age on or after

January 1, 2020, but before January 1, 2023, the calendar year in

which the member reaches seventy-two (72) years of age, or effective

for distributions required to be made after December 31, 2022, the

calendar year in which the member reaches seventy-three (73) years

of age for an individual who attains age seventy-two (72) after

December 31, 2022, or "the applicable age", as defined in Section

401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended, if

later; or (2) the actual retirement date of the member. A member

electing to defer the commencement of retirement benefits pursuant

to Section 2-308.1 of this title may not defer the benefit

commencement beyond the age of sixty-five (65).

Effective September 8, 2009, notwithstanding anything to the

contrary of the System, the System, which as a governmental plan

(within the meaning of Section 414(d) of the Internal Revenue Code

of 1986, as amended), is treated as having complied with Section

401(a)(9) of the Internal Revenue Code of 1986, as amended, for all

years to which Section 401(a)(9) of the Internal Revenue Code of

1986, as amended, applies to the System if the System complies with

a reasonable and good faith interpretation of Section 401(a)(9) of

the Internal Revenue Code of 1986, as amended.

A member who was required to join the System effective July 1,

1980, because of the transfer of the employing agency from the

Oklahoma Public Employees Retirement System to the System, and was

not a member of the Oklahoma Public Employees Retirement System on

the date of such transfer shall be allowed to receive credit for

prior law enforcement service rendered to this state, if the member

is not receiving or eligible to receive retirement credit or

benefits for such service in any other public retirement system,

upon payment to the System of the employee contribution the member

Oklahoma Statutes - Title 47. Motor Vehicles Page 112

would have been subject to had the member been a member of the

System at the time, plus five percent (5%) interest. Service credit

received pursuant to this paragraph shall be used in determining the

member's retirement benefit, and shall be used in determining years

of service for retirement or vesting purposes;

9. "Actual paid base salary" means the salary received by a

member, excluding payment for any accumulated leave or uniform

allowance. Salary shall include any amount of nonelective salary

reduction under Section 414(h) of the Internal Revenue Code of 1986;

10. "Final average salary" means the average of the highest

thirty (30) consecutive complete months of actual paid gross salary.

Gross salary shall include any amount of elective salary reduction

under Section 457 of the Internal Revenue Code of 1986, as amended,

and any amount of nonelective salary reduction under Section 414(h)

of the Internal Revenue Code of 1986, as amended. Effective July 1,

1992, gross salary shall include any amount of elective salary

reduction under Section 125 of the Internal Revenue Code of 1986, as

amended. Effective July 1, 1998, gross salary shall include any

amount of elective salary reduction not includable in the gross

income of the member under Section 132(f)(4) of the Internal Revenue

Code of 1986, as amended. Effective July 1, 1998, for purposes of

determining a member's compensation, any contribution by the member

to reduce his or her regular cash remuneration under Section

132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be

treated as if the member did not make such an election. Only salary

on which required contributions have been made may be used in

computing the final average salary. Gross salary shall not include

severance pay.

In addition to other applicable limitations, and notwithstanding

any other provision to the contrary, for plan years beginning on or

after July 1, 2002, the annual gross salary of each "Noneligible

Member" taken into account under the System shall not exceed the

Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA")

annual salary limit. The EGTRRA annual salary limit is Two Hundred

Thousand Dollars ($200,000.00), as adjusted by the Commissioner for

increases in the cost of living in accordance with Section

401(a)(17)(B) of the Internal Revenue Code of 1986, as amended. The

annual salary limit in effect for a calendar year applies to any

period, not exceeding twelve (12) months, over which salary is

determined ("determination period") beginning in such calendar year.

If a determination period consists of fewer than twelve (12) months,

the EGTRRA salary limit will be multiplied by a fraction, the

numerator of which is the number of months in the determination

period, and the denominator of which is twelve (12). For purposes

of this section, a "Noneligible Member" is any member who first

became a member during a plan year commencing on or after July 1,

1996.

Oklahoma Statutes - Title 47. Motor Vehicles Page 113

For plan years beginning on or after July 1, 2002, any reference

in the System to the annual salary limit under Section 401(a)(17) of

the Internal Revenue Code of 1986, as amended, shall mean the EGTRRA

salary limit set forth in this provision.

Effective January 1, 2008, gross salary for a plan year shall

also include gross salary, as described above, for services, but

paid by the later of two and one-half (2 1/2) months after a

member's severance from employment or the end of the calendar year

that includes the date the member terminated employment, if it is a

payment that, absent a severance from employment, would have been

paid to the member while the member continued in employment with the

employer.

Effective January 1, 2008, any payments not described above

shall not be considered gross salary if paid after severance from

employment, even if they are paid by the later of two and one-half

(2 1/2) months after the date of severance from employment or the

end of the calendar year that includes the date of severance from

employment, except payments to an individual who does not currently

perform services for the employer by reason of qualified military

service within the meaning of Section 414(u)(5) of the Internal

Revenue Code of 1986, as amended, to the extent these payments do

not exceed the amounts the individual would have received if the

individual had continued to perform services for the employer rather

than entering qualified military service.

Effective January 1, 2008, back pay, within the meaning of

Section 1.415(c)-2(g)(8) of the Income Tax Regulations, shall be

treated as gross salary for the limitation year to which the back

pay relates to the extent the back pay represents wages and

compensation that would otherwise be included in this definition.

Effective for years beginning after December 31, 2008, gross

salary shall also include differential wage payments under Section

414(u)(12) of the Internal Revenue Code of 1986, as amended;

11. "Credited service" means the period of service used to

determine the amount of benefits payable to a member. Credited

service shall consist of the period during which the member

participated in the System or the predecessor Plan as an active

employee in an eligible membership classification, plus any service

prior to the establishment of the predecessor Plan which was

credited under the predecessor Plan and for law enforcement officers

and criminalists of the Oklahoma State Bureau of Investigation and

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control

who became members of the System on July 1, 1980, any service

credited under the Oklahoma Public Employees Retirement System as of

June 30, 1980, and for members of the Communications and Lake Patrol

Divisions of the Oklahoma Department of Public Safety, who became

members of the System on July 1, 1981, any service credited under

the predecessor Plan or the Oklahoma Public Employees Retirement

Oklahoma Statutes - Title 47. Motor Vehicles Page 114

System as of June 30, 1981, and for law enforcement officers of the

Alcoholic Beverage Laws Enforcement Commission who became members of

the System on July 1, 1982, any service credited under the Oklahoma

Public Employees Retirement System as of June 30, 1982, and for park

rangers of the Oklahoma Tourism and Recreation Department who became

members of the System on July 1, 1985, any service credited under

the Oklahoma Public Employees Retirement System as of June 30, 1985,

and for inspectors of the State Board of Pharmacy who became members

of the System on July 1, 1986, any service credited under the

Oklahoma Public Employees Retirement System as of June 30, 1986, for

law enforcement officers of the Oklahoma Capitol Patrol Division of

the Department of Public Safety who became members of the System

effective July 1, 1993, any service credited under the Oklahoma

Public Employees Retirement System as of June 30, 1993, and for all

commissioned officers in the Gunsmith/Ammunition Reloader Division

of the Department of Public Safety who became members of the System

effective July 1, 1994, any service credited under the Oklahoma

Public Employees Retirement System as of June 30, 1994, and for the

park managers or park supervisors of the Oklahoma Tourism and

Recreation Department who were employed in such a position prior to

July 1, 1985, and who elect to become members of the System

effective September 1, 1996, any service transferred pursuant to

subsection C of Section 2-309.6 of this title and any service

purchased pursuant to subsection B of Section 2-307.2 of this title.

Effective August 5, 1993, an authorized leave of absence shall

include a period of absence pursuant to the Family and Medical Leave

Act of 1993;

12. "Disability" means a physical or mental condition which, in

the judgment of the Board, totally and presumably permanently

prevents the member from engaging in the usual and customary duties

of the occupation of the member and thereafter prevents the member

from performing the duties of any occupation or service for which

the member is qualified by reason of training, education or

experience. A person is not under a disability when capable of

performing a service to the employer, regardless of occupation,

providing the salary of the employee is not diminished thereby;

13. "Limitation year" means the year used in applying the

limitations of Section 415 of the Internal Revenue Code of 1986,

which year shall be the calendar year;

14. "Line of duty" means any action which a member whose

primary function is crime control or reduction or enforcement of the

criminal law is obligated or authorized by rule, regulations,

condition of employment or service, or law to perform including

those social, ceremonial or athletic functions to which the member

is assigned, or for which the member is compensated, by the agency

the member serves;

Oklahoma Statutes - Title 47. Motor Vehicles Page 115

15. "Personal injury" or "injury" means any traumatic injury as

well as diseases which are caused by or result from such an injury,

but not occupational diseases;

16. "Catastrophic nature" means consequences of an injury that

permanently prevent an individual from performing any gainful work;

17. "Traumatic injury" means a wound or a condition of the body

caused by external force including injuries inflicted by bullets,

explosives, sharp instruments, blunt objects or other physical

blows, chemicals, electricity, climatic conditions, infectious

diseases, radiation and bacteria, but excluding stress and strain;

and

18. "Beneficiary" means the individual designated by the member

on a beneficiary designation form supplied by the Oklahoma Law

Enforcement Retirement System, or, if there is no designated

beneficiary or if the designated beneficiary predeceases the member,

the estate of the member. If the member's spouse is not designated

as the sole primary beneficiary, the member's spouse must sign a

consent.
Okla. Stat. tit. 47, § 47-1-103.1 — OK Code / Title 47 / Section 47-1-103.1
Automobile
Status: in_force

Automobile.

Every motor vehicle of the type constructed and used for the

transportation of persons for purposes other than for hire or

compensation. This shall include all vehicles of the station wagon

type whether the same are called station wagons, or ranch wagons,

van wagons, except those used for commercial purposes, suburbans,

town and country, or by any other name, except when owned and used

as a school bus or motor bus by a school district or a religious

corporation or society as elsewhere provided by law.
Okla. Stat. tit. 47, § 47-1-141 — OK Code / Title 47 / Section 47-1-141
Owner
Status: in_force

A person who holds the legal title of a vehicle or in the event

a vehicle is the subject of an agreement for the conditional sale or

Oklahoma Statutes - Title 47. Motor Vehicles Page 50

lease thereof with a right of purchase upon performance of the

conditions stated in the agreement and with an immediate right of

possession vested in the conditional vendee or lessee, or in the

event a mortgagor of a vehicle is entitled to possession, then such

conditional vendee or lessee or mortgagor shall be deemed the owner

for the purpose of this Code.
Okla. Stat. tit. 47, § 47-7-607 — OK Code / Title 47 / Section 47-7-607
Exemptions
Status: in_force

A. Every owner of a motor vehicle which is not used upon the

public highways or public streets shall be exempt from the

provisions of the Compulsory Insurance Law if the owner of the

vehicle has filed an affidavit with the appropriate motor license

agent which states that the vehicle shall not be driven upon the

public highways or public streets during the uninsured period.

The form of the affidavit shall be prescribed by the Oklahoma

Tax Commission and shall contain blanks for the owner to specify the

length of time the vehicle shall not be driven upon the public

highways or public streets, the reason the vehicle shall not be

driven, and any other information deemed necessary by the Tax

Commission.

B. The owner or transporter of a manufactured home, as defined

by Section 1102 of this title, who is moving or transporting such

manufactured home on state roads or federal highways shall comply

with the provisions of the Compulsory Insurance Law.

C. Any person, firm or corporation engaged in the business of

operating a taxicab or taxicabs shall be exempt from the provisions

of the Compulsory Insurance Law if the person, firm or corporation

has complied with the provisions of Section 8-104 of this title.
Okla. Stat. tit. 47, § 47-11-304 — OK Code / Title 47 / Section 47-11-304
When overtaking on the right is permitted
Status: in_force

(a) The driver of a vehicle may overtake and pass upon the right

of another vehicle only under the following conditions:

1. When the vehicle overtaken is making or about to make a left

turn;

2. Upon a street or highway with unobstructed pavement not

occupied by parked vehicles of sufficient width for two or more

lines of moving vehicles in each direction;

3. Upon a one-way street, or upon any roadway on which traffic

is restricted to one direction of movement, where the roadway is

free from obstructions and of sufficient width for two or more lines

of moving vehicles.

(b) The driver of a vehicle may overtake and pass another

vehicle upon the right only under conditions permitting such

movement in safety. In no event shall such movement be made by

driving off the pavement or main traveled portion of the roadway.
Okla. Stat. tit. 47, § 47-12-203.4 — OK Code / Title 47 / Section 47-12-203.4
Lighting equipment upon motor vehicles operated below
Status: in_force

certain speed.

Any motor vehicle operated at a speed of twenty (20) miles per

hour or less may be operated under the conditions specified in

subsection B of Section 12-201 of this title when equipped with two

lighted lamps upon the front thereof capable of revealing persons

and objects one hundred (100) feet ahead in lieu of lamps required

in Section 12-203 or 12-203.3 of this title.
Okla. Stat. tit. 47, § 47-591.3 — OK Code / Title 47 / Section 47-591.3
License required - Power and authority of Commission
Status: repealed

A. No person, firm or corporation in this state, unless

licensed pursuant to the Automotive Dismantlers and Parts Recycler

Act, shall be engaged in the business of an automotive dismantler

and parts recycler.

B. The Commission is hereby vested with the powers and duties

necessary and proper to enable it to fully and effectively carry out

the provisions and objectives of this act, and is hereby authorized

Oklahoma Statutes - Title 47. Motor Vehicles Page 911

and empowered to make and enforce all reasonable rules and

regulations and to adopt and prescribe all forms necessary to

accomplish said purpose provided this authority shall in no manner

restrict or alter compliance by the Commission with the Oklahoma

Central Purchasing Act. The enumeration of any power or authority

herein shall not be construed to deny, impair, disparage or limit

any others necessary to the attainment thereof. A copy of all rules

and regulations adopted by the Commission shall be filed and

recorded in the office of the Secretary of State and the State

Librarian and Archivist, and same may be amended, modified or

repealed from time to time.
Okla. Stat. tit. 47, § 47-2-105.8 — OK Code / Title 47 / Section 47-2-105.8
Communications Section - Salaries
Status: in_force

A. There is hereby created within the Oklahoma Highway Patrol

Division of the Department of Public Safety, the Communications

Section.

B. An employee may be promoted to the position of

Communications Coordinator.

C. The annual salaries of personnel comprising this section

shall be in accordance and conformity with the findings for

Department of Public Safety law enforcement personnel of the State

of Oklahoma Total Remuneration Study of 2013.

D. The provisions of this section shall supersede all existing

laws covering the salaries for the positions in the Communications

Oklahoma Statutes - Title 47. Motor Vehicles Page 74

Section of the Oklahoma Highway Patrol Division of the Department of

Public Safety.
Okla. Stat. tit. 47, § 47-230.12 — OK Code / Title 47 / Section 47-230.12
Immunity from civil liability
Status: in_force

A. No person who provides assistance or advice in mitigating or

attempting to mitigate the effects of an actual or threatened

discharge of hazardous material, or in preventing, cleaning up, or

disposing or in attempting to prevent, clean up or dispose of any

such discharge, shall be subject to any civil liability or

administrative penalties as a result of such assistance or advice.

B. The immunities provided in subsection A of this section

shall not apply:

1. To any person whose act or omission caused in whole or in

part such actual or threatened discharge and who would otherwise be

liable therefor;

2. To any person who receives compensation, other than

reimbursement for out-of-pocket expenses, for services in rendering

such assistance or advice; or

3. To a common carrier relative to its handling or transporting

of hazardous materials.

C. Nothing contained in subsection A of this section shall be

construed to limit or otherwise affect the liability of any person

for damages resulting from such person's gross negligence, or from

such person's reckless, wanton or intentional misconduct.
Okla. Stat. tit. 47, § 47-752v2 — OK Code / Title 47 / Section 47-752v2
Administration of tests - Authorization - Liability -
Status: in_force

Laboratories - Independent analysis - Costs.

A. Only a licensed medical doctor, licensed osteopathic

physician, licensed chiropractic physician, registered nurse,

licensed practical nurse, physician's assistant, certified by any

state's appropriate licensing authority, an employee of a hospital

or other health care facility authorized by the hospital or health

care facility to withdraw blood, or individuals licensed in

accordance with Section 1-2505 of Title 63 of the Oklahoma Statutes

as an Intermediate Emergency Medical Technician, an Advanced

Emergency Medical Technician or a Paramedic, acting within the scope

of practice prescribed by their medical director, acting at the

request of a law enforcement officer may withdraw blood for the

purpose of having a determination made of its concentration of

alcohol or the presence or concentration of other intoxicating

substance. Only qualified persons authorized by the Board may

collect breath, saliva or urine, or administer tests of breath under

the provisions of this title.

B. If the person authorized to withdraw blood as specified in

subsection A of this section is presented with a written statement:

1. Authorizing blood withdrawal signed by the person whose

blood is to be withdrawn;

Oklahoma Statutes - Title 47. Motor Vehicles Page 958

2. Signed by a duly authorized peace officer that the person

whose blood is to be withdrawn has agreed to the withdrawal of

blood;

3. Signed by a duly authorized peace officer that the person

whose blood is to be withdrawn has been placed under arrest and that

the officer has probable cause to believe that the person, while

intoxicated, has operated a motor vehicle in such manner as to have

caused the death or serious physical injury of another person, or

the person has been involved in a traffic accident and has been

removed from the scene of the accident that resulted in the death or

great bodily injury, as defined in subsection B of Section 646 of

Title 21 of the Oklahoma Statutes, of any person to a hospital or

other health care facility outside the State of Oklahoma before the

law enforcement officer was able to effect an arrest for such

offense; or

4. In the form of an order from a district court that blood be

withdrawn, the person authorized to withdraw the blood and the

hospital or other health care facility where the withdrawal occurs

may rely on such a statement or order as evidence that the person

has consented to or has been required to submit to the clinical

procedure and shall not require the person to sign any additional

consent or waiver form. In such a case, the person authorized to

perform the procedure, the employer of such person and the hospital

or other health care facility shall not be liable in any action

alleging lack of consent or lack of informed consent.

C. Collection of a person's blood, to be considered valid and

admissible in evidence, whether performed by or at the direction of

a law enforcement officer or at the request of the tested person,

shall have been performed by a person authorized to collect blood

pursuant to the provisions of subsection A of this section.

Analysis of a person's blood, to be considered valid and admissible

in evidence, whether performed by or at the direction of a law

enforcement officer or at the request of the tested person, shall

have been performed by a laboratory accredited in accordance with

ISO/IEC 17025 as defined in Section 150.37 of Title 74 of the

Oklahoma Statutes.

D. Collection of a person's breath, to be considered valid and

admissible in evidence:

1. Shall have been performed by an individual possessing a

valid permit issued by the Board of Tests for Alcohol and Drug

Influence for this purpose;

2. Shall have been performed on a breath alcohol measurement

device appearing on the most current conforming products list of

such devices published by the United States Department of

Transportation in the Federal Register, and utilizing a calibrating

unit appearing on the most current conforming products list of such

Oklahoma Statutes - Title 47. Motor Vehicles Page 959

devices published by the United States Department of Transportation

in the Federal Register;

3. Shall have been performed on a device maintained by the

Board of Tests for Alcohol and Drug Influence; and

4. Shall have been performed in accordance with the operating

procedure prescribed by the State Director of Tests or the Board of

Tests for Alcohol and Drug Influence.

E. No person specified in subsection A of this section, no

employer of such person and no hospital or other health care

facility where blood is withdrawn shall incur any civil or criminal

liability as a result of the proper withdrawal of blood when acting

at the request of a law enforcement officer by the provisions of

Section 751 or 753 of this title, or when acting in reliance upon a

signed statement or court order as provided in this section, if the

act is performed in a reasonable manner according to generally

accepted clinical practice. No person specified in subsection A of

this section shall incur any civil or criminal liability as a result

of the proper collection of breath, saliva or urine when acting at

the request of a law enforcement officer under the provisions of

Section 751 or 753 of this title or when acting pursuant to a court

order.

F. The blood, breath, saliva or urine specimens obtained shall

be tested by the appropriate test as determined by the Board, or

tested by a laboratory that is exempt from the Board rules pursuant

to Section 759 of this title, to determine the alcohol concentration

thereof, or the presence or concentration of any other intoxicating

substance which might have affected the ability of the person tested

to operate a motor vehicle safely.

G. When blood is withdrawn for testing of its alcohol

concentration or other intoxicating substance presence or

concentration, at the request of a law enforcement officer, a

sufficient quantity of the same specimen shall be obtained to enable

the tested person, at his or her own option and expense, to have an

independent analysis made of such specimen. The excess blood

specimen shall be retained by a laboratory approved by the Board in

accordance with the rules and regulations of the Board or by a

laboratory that is exempt from the Board rules pursuant to Section

759 of this title, for sixty (60) days from the date of collection.

At any time within that period, the tested person or his or her

attorney may direct that such blood specimen be sent or delivered to

a laboratory of his or her own choosing and approved by the Board

for an independent analysis. Neither the tested person, nor any

agent of such person, shall have access to the additional blood

specimen prior to the completion of the independent analysis, except

the analyst performing the independent analysis and agents of the

analyst.

Oklahoma Statutes - Title 47. Motor Vehicles Page 960

H. The costs of collecting blood specimens for the purpose of

determining the alcohol or other intoxicating substance thereof, by

or at the direction of a law enforcement officer, shall be borne by

the law enforcement agency employing such officer; provided, if the

person is convicted for any offense involving the operation of a

motor vehicle while under the influence of or while impaired by

alcohol or an intoxicating substance, or both, as a direct result of

the incident which caused the collection of blood specimens, an

amount equal to the costs shall become a part of the court costs of

the person and shall be collected by the court and remitted to the

law enforcement agency bearing the costs. The cost of collecting,

retaining and sending or delivering to an independent laboratory the

excess specimens of blood for independent analysis at the option of

the tested person shall also be borne by such law enforcement

agency. The cost of the independent analysis of such specimen of

blood shall be borne by the tested person at whose option such

analysis is performed. The tested person, or his or her agent,

shall make all necessary arrangements for the performance of such

independent analysis other than the forwarding or delivery of such

specimen.

I. Tests of blood or breath for the purpose of determining the

alcohol concentration thereof, and tests of blood for the purpose of

determining the presence or concentration of any other intoxicating

substance therein, under the provisions of this title, whether

administered by or at the direction of a law enforcement officer or

administered independently, at the option of the tested person, on

the excess specimen of such person's blood to be considered valid

and admissible in evidence under the provisions of this title, shall

have been administered in accordance with Section 759 of this title.

J. Any person who has been arrested for any offense arising out

of acts alleged to have been committed while the person was

operating or in actual physical control of a motor vehicle while

under the influence of alcohol, any other intoxicating substance or

the combined influence of alcohol and any other intoxicating

substance who is not requested by a law enforcement officer to

submit to a test shall be entitled to have an independent test of

his or her blood for the purpose of determining its alcohol

concentration or the presence or concentration of any other

intoxicating substance therein, performed by a person of his or her

own choosing who is qualified as stipulated in this section. The

arrested person shall bear the responsibility for making all

necessary arrangements for the administration of such independent

test and for the independent analysis of any specimens obtained, and

bear all costs thereof. The failure or inability of the arrested

person to obtain an independent test shall not preclude the

admission of other competent evidence bearing upon the question of

whether such person was under the influence of alcohol, or any other

Oklahoma Statutes - Title 47. Motor Vehicles Page 961

intoxicating substance or the combined influence of alcohol and any

other intoxicating substance.

K. Any agency or laboratory certified by the Board or any

agency or laboratory that is exempt from the Board rules pursuant to

Section 759 of this title, which analyses blood shall make available

a written report of the results of the test administered by or at

the direction of the law enforcement officer to:

1. The tested person, or his or her attorney;

2. The Commissioner of Public Safety;

3. The Director of Service Oklahoma; and

4. The Fatality Analysis Reporting System (FARS) analyst of the

state, upon request.

The results of the tests provided for in this title shall be

admissible in all civil actions, including administrative hearings

regarding driving privileges.
Okla. Stat. tit. 47, § 47-1115v1 — OK Code / Title 47 / Section 47-1115v1
Vehicles required to be registered - Registration
Status: in_force

schedule - Delinquent registration - Penalties.

A. Unless provided otherwise by statute, the following vehicles

shall be annually registered with Service Oklahoma: manufactured

homes, vehicles registered with a permanent nonexpiring license

plate pursuant to Section 1113 of this title, and commercial

vehicles registered pursuant to the installment plan provided in

subsection H of Section 1133 of this title. The following schedule

shall apply for such vehicle purchased in this state or brought into

this state by residents of this state:

1. Between January 1 and March 31, the payment of the full

annual fee shall be required;

2. Between April 1 and June 30, the payment of three-fourths

(3/4) the annual fee shall be required;

3. Between July 1 and September 30, the payment of one-half

(1/2) the annual fee shall be required; and

4. Between October 1 and November 30, one-fourth (1/4) the

annual fee shall be required.

License plates or decals for each year shall be made available

on December 1 of each preceding year for such vehicles. Any person

who purchases such vehicle or manufactured home between December 1

and December 31 of any year shall register it within thirty (30)

days from date of purchase and obtain a license plate or

Manufactured Home License Registration Decal, as appropriate, for

the following calendar year upon payment of the full annual fee.

Unless provided otherwise by statute, all annual license,

registration and other fees for such vehicles shall be due and

Oklahoma Statutes - Title 47. Motor Vehicles Page 1165

payable on January 1 of each year and if not paid by February 1

shall be deemed delinquent.

B. 1. All vehicles, other than those required to be registered

pursuant to the provisions of subsection A of this section, shall be

registered on a staggered system of registration and licensing on a

monthly series basis to distribute the work of registering such

vehicles as uniformly and expeditiously as practicable throughout

the calendar year unless otherwise provided in this section. After

the end of the month following the expiration date, the license and

registration fees for the new registration period shall become

delinquent. At the time of registration or renewal, the owner of

the vehicle may choose either an annual or a biennial registration

of the vehicle.

2. All fleet vehicles registered pursuant to new applications

approved pursuant to the provisions of Section 1120 of this title

shall be registered on a staggered system monthly basis.

3. Applicants seeking to establish Oklahoma as the base

jurisdiction for registering apportioned fleet vehicles shall have a

one-time option of registering for a period of not less than six (6)

months nor greater than eighteen (18) months. Subsequent renewals

for these registrants will be for twelve (12) months, expiring on

the last day of the month chosen by the registrant under the one-

time option as provided herein. In addition, registrants with

multiple fleets may designate a different registration month of

expiration for each fleet.

As used in this section, “fleet” shall have the same meaning as

set forth in the International Registration Plan.

4. Effective January 1, 2004, all motorcycles and mopeds shall

be registered on a staggered system of registration. Service

Oklahoma shall notify in writing, prior to December 1, 2003, all

owners of motorcycles or mopeds registered as of such date, who

shall have a one-time option of registering for a period of not less

than three (3) months nor greater than fifteen (15) months.

Subsequent renewals for these registrants will be for twelve (12)

months, expiring on the last day of the month chosen by the

registrant under the one-time option as provided herein. All

motorcycles and mopeds registered pursuant to new applications

received on or after December 1, 2003, shall also be registered

pursuant to the provisions of this paragraph.

5. Any three or more commercial vehicles owned by the same

person and previously registered in this state may be registered at

the same time regardless of the month or months in which they were

previously registered. The month in which the commercial vehicles

are newly registered shall be the month in which their registration

is renewed annually. If a commercial vehicle is registered pursuant

to this paragraph in the same calendar year in which it was

previously registered, license and registration fees shall be

Oklahoma Statutes - Title 47. Motor Vehicles Page 1166

prorated to account for the difference between the previous renewal

month and the new renewal month and those fees shall be due at the

time of registration pursuant to this paragraph.

C. The following penalties shall apply for delinquent

registration fees:

1. For fleet vehicles required to be registered pursuant to the

provisions of Section 1120 of this title for which a properly

completed application for registration has not been received by the

Corporation Commission by the last day of the month following the

registration expiration date, a penalty of thirty percent (30%) of

the Oklahoma portion of the annual registration fee, or Two Hundred

Dollars ($200.00), whichever is greater, shall be assessed. The

license and registration cards issued by the Corporation Commission

for each fleet vehicle shall be valid until two (2) months after the

registration expiration date;

2. For commercial vehicles registered under the provisions of

subsection B of this section, except those vehicles registered

pursuant to Section 1133.1 of this title, a penalty shall be

assessed after the last day of the month following the registration

expiration date. A penalty of twenty-five cents ($0.25) per day

shall be added to the license fee of such vehicle and shall accrue

for one (1) month. Thereafter, the penalty shall be thirty percent

(30%) of the annual registration fee, or Two Hundred Dollars

($200.00), whichever is greater;

3. For new or used manufactured homes, not registered within

thirty (30) days from date of purchase or date such manufactured

home was brought into this state, a penalty equal to the

registration fee shall be assessed; or

4. For all vehicles a penalty shall be assessed after the last

day of the month following the expiration date and no penalty shall

be waived by Service Oklahoma or any licensed operator except as

provided for in subsection H of Section 1133, subsection C of

Section 1127 of this title, or when the vehicle was stolen as

certified by a police report or other documentation as required by

Service Oklahoma. A penalty of One Dollar ($1.00) per day shall be

added to the license fee of such vehicle, provided that the penalty

shall not exceed One Hundred Dollars ($100.00). Of each dollar

penalty collected pursuant to this subsection:

a. twenty-one cents ($0.21) shall be apportioned as

provided in Section 1104 of this title,

b. twenty-one cents ($0.21) shall be retained by the

licensed operator, and

c. fifty-eight cents ($0.58) shall be deposited in the

General Revenue Fund.

D. In addition to all other penalties provided in the Oklahoma

Vehicle License and Registration Act, the following penalties shall

be imposed and collected by any Enforcement Officer of the

Oklahoma Statutes - Title 47. Motor Vehicles Page 1167

Corporation Commission upon finding any commercial vehicle being

operated in violation of the provisions of the Oklahoma Vehicle

License and Registration Act.

The penalties shall apply to any commercial vehicle found to be

operating in violation of the following provisions:

1. A penalty of not less than Fifty Dollars ($50.00) shall be

imposed upon any person found to be operating a commercial vehicle

sixty (60) days after the end of the month in which the license

plate or registration credentials expire without the current year

license plate or registration credential displayed. Such penalty

shall not exceed the amount established by the Corporation

Commission pursuant to the provisions of subsection A of Section

1167 of this title. Revenue from such penalties shall be

apportioned as provided in Section 1167 of this title;

2. A penalty of not less than Fifty Dollars ($50.00) shall be

imposed for any person operating a commercial vehicle subject to the

provisions of Section 1120 or Section 1133 of this title without the

proper display of, or, carrying in such commercial vehicle, the

identification credentials issued by the Corporation Commission as

evidence of payment of the fee or tax as provided in Section 1120 or

Section 1133 of this title. Such penalty shall not exceed the

amount established by the Corporation Commission pursuant to the

provisions of subsection A of Section 1167 of this title. Revenue

from such penalties shall be apportioned as provided in Section 1167

of this title; and

3. A penalty of not less than One Hundred Dollars ($100.00)

shall be imposed for any person that fails to register any

commercial vehicle subject to the Oklahoma Vehicle License and

Registration Act. Such penalty shall not exceed the amount

established by the Corporation Commission pursuant to the provisions

of subsection A of Section 1167 of this title. Revenue from such

penalties shall be apportioned as provided in Section 1167 of this

title.

E. Service Oklahoma, or the Corporation Commission with respect

to vehicles registered under Section 1120 or Section 1133 of this

title, shall assess the registration fees and penalties for the year

or years a vehicle was not registered. For vehicles not registered

for two (2) or more years, the registration fees and penalties shall

be due only for the current year and one (1) previous year.

F. In addition to any other penalty prescribed by law, there

shall be a penalty of not less than Twenty Dollars ($20.00) upon a

finding by an enforcement officer that:

1. The registration of a vehicle registered pursuant to Section

1132 of this title is expired and it is sixty (60) or more days

after the end of the month of expiration; or

Oklahoma Statutes - Title 47. Motor Vehicles Page 1168

2. The registration fees for a vehicle that is subject to the

registration fees pursuant to Section 1132 of this title have not

been paid.

Such penalty shall not exceed the amount established by the

Corporation Commission pursuant to the provisions of subsection A of

Section 1167 of this title. Revenue from such penalties shall be

apportioned as provided in Section 1167 of this title.

G. If a vehicle is donated to a nonprofit charitable

organization, the nonprofit charitable organization shall be exempt

from paying any current or past due registration fees, excise tax,

transfer fees, and penalties and interest. However, after the

donation, if the person donating the vehicle, or someone on behalf

of such person, purchases the same vehicle back from the nonprofit

charitable organization to which the vehicle was donated, such

person shall be liable for all current and past-due registration

fees, excise tax, title or transfer fees, and penalties and interest

on such vehicle.

H. Service Oklahoma shall promulgate rules and any necessary

procedures to establish an option for a biennial registration for

vehicles registered pursuant to paragraph 1 of subsection B of this

section.

1. Regardless of whether the vehicle owner elects annual or

biennial registration, the vehicle is still subject to all fees,

fines, and penalties provided in the Oklahoma Vehicle License and

Registration Act.

2. For vehicle owners who elect biennial registration, the

annual registration fee shall be twice the annual registration fee

provided in the Oklahoma Vehicle License and Registration Act.

3. When processing biennial registrations, licensed operators

shall be entitled to retain twice the amounts provided in paragraphs

1 and 2 of subsection A of Section 1141.1 of this title and twice

the amount provided in paragraph 14 of subsection A of Section

1141.1 of this title for processing insurance verification

information.
Okla. Stat. tit. 47, § 47-11-103 — OK Code / Title 47 / Section 47-11-103
Obedience to police officers
Status: in_force

No person shall willfully fail or refuse to comply with any

lawful order or direction of any police officer invested by law with

authority to direct, control or regulate traffic.
Okla. Stat. tit. 47, § 47-2-105.7 — OK Code / Title 47 / Section 47-2-105.7
Capitol Patrol Section - Authority - Reclassification
Status: in_force

- Salaries - Application.

A. There is hereby created within the Oklahoma Highway Patrol

Division of the Department of Public Safety a Capitol Patrol Section

which shall consist of such employees as may be necessary to provide

law enforcement services to all state buildings and properties,

including grounds appurtenant thereto, within Oklahoma County and

Tulsa County. All commissioned officers of the Capitol Patrol

Section as designated by the Commissioner shall have the authority

to enforce all parking, traffic, and criminal laws within Oklahoma

County and Tulsa County, and shall have the authority to perform

other law enforcement duties within the state as prescribed by the

Commissioner of Public Safety.

B. A Patrolman shall not be promoted to the position of Capitol

Patrol Sergeant.

C. Any officer of the Capitol Patrol Section of the Oklahoma

Highway Patrol Division may request reclassification to the

equivalent lateral position, rank, and salary within the Oklahoma

Highway Patrol Division and shall be reclassified to the position if

the officer:

1. Meets the requirements of paragraph 2 of subsection B of

Section 2-105 of this title. Provided, the officer shall be exempt

from the maximum age limitation;

Oklahoma Statutes - Title 47. Motor Vehicles Page 73

2. Satisfactorily completes a course of training as prescribed

by the Commissioner; and

3. Serves a twelve-month probationary period which shall

commence upon entering the course of training required by paragraph

2 of this subsection.

Such reclassified officer shall be subject to reassignment as

determined by the Chief of the Oklahoma Highway Patrol Division.

D. All commissioned officers of the Capitol Patrol Section of

the Oklahoma Highway Patrol Division of the Department of Public

Safety shall have, in addition to their primary duty as prescribed

in subsection A of this section, a secondary duty to enforce all

state statutes, to make arrests for violations and to perform other

duties as prescribed by the Commissioner of Public Safety in

accordance with Section 2-117 of this title.

E. The Office of Management and Enterprise Services and the

Oklahoma Capitol Improvement Authority shall provide office and

operations space for the Capitol Patrol Section of the Oklahoma

Highway Patrol Division of the Department of Public Safety.

F. The annual salaries of personnel comprising this section

shall be in accordance and conformity with the findings for

Department of Public Safety law enforcement personnel of the State

of Oklahoma Total Remuneration Study of 2013.

G. The provisions of this section shall supersede all existing

laws covering the salaries for the commissioned officers in the

Capitol Patrol Section of the Oklahoma Highway Patrol Division of

the Department of Public Safety.
Okla. Stat. tit. 47, § 47-596.5 — OK Code / Title 47 / Section 47-596.5
Manufacturer termination of dealer agreement - Good
Status: in_force

cause - Notice - Repurchase of inventory.

A. A manufacturer, directly or through any officer, agent, or

employee, may terminate or not renew a dealer agreement without good

cause. If the manufacturer terminates or does not renew the dealer

agreement without good cause, the manufacturer shall comply with the

provisions of subsections D and E of this section. If the

manufacturer terminates or does not renew the dealer agreement with

good cause, the provisions of subsections D and E of this section

shall not apply.

B. A manufacturer has the burden of showing good cause for

terminating or not renewing a dealer agreement. All of the

following factors shall be considered in determining whether there

is good cause for a proposed termination or nonrenewal of a dealer

agreement by a manufacturer:

1. The extent of the penetration of the dealer in the relevant

market area;

2. The extent and quality of the service of the dealer under

recreational vehicle warranties;

3. The nature and extent of the investment of the dealer in

business of the dealer;

4. The adequacy of the service facilities, equipment, parts,

supplies, and personnel of the dealer;

5. The effect of the proposed action on the community;

6. Whether the dealer fails to follow agreed-upon procedures or

standards related to the overall operation of the dealership; and

7. The performance by the dealer under the terms of dealer

agreement.

C. Except as otherwise provided in this section, a manufacturer

shall provide a dealer with written notice of a termination or

nonrenewal of a dealer agreement. All of the following conditions

apply to a notice described in this subsection:

1. Except as provided in paragraph 4 or 5 of this subsection,

the manufacturer shall provide written notice at least ninety (90)

days before the effective date of the termination or nonrenewal of

the dealer agreement;

2. The notice shall state all of the reasons for the

termination or nonrenewal of the dealer agreement;

3. The notice shall state that if the dealer provides to the

manufacturer a written notification of the intent of the dealer to

cure all claimed deficiencies within thirty (30) days after the

dealer receives the notice, the dealer shall have one hundred twenty

(120) days after the date of the notice to correct the claimed

deficiencies. If all of the deficiencies are corrected within the

one-hundred-twenty-day time period, the notice shall be deemed void

and the manufacturer shall not terminate or not renew the dealer

Oklahoma Statutes - Title 47. Motor Vehicles Page 933

agreement because of the claimed deficiencies stated in the notice.

If the dealer does not provide a notification of intent to cure

deficiencies within the thirty-day time period, the termination or

nonrenewal of the dealer agreement shall take effect sixty (60) days

after the dealer received the notice from the manufacturer;

4. A manufacturer may reduce the notice period described in

paragraph 1 of this subsection from ninety (90) days to thirty (30)

days and shall not be required to allow the dealer an opportunity to

correct the deficiencies if the grounds for termination or

nonrenewal of the dealer agreement by the manufacturer are any of

the specific categories of good cause described in subsection F of

this section; and

5. A manufacturer shall not be required to provide notice or an

opportunity to correct deficiencies under this subsection if the

grounds for termination or nonrenewal of the dealer agreement by the

manufacturer includes one of the following:

a. the dealer becomes insolvent,

b. the dealer is bankrupt, or

c. the dealer makes an assignment for the benefit of

creditors.

D. If a manufacturer terminates or does not renew a dealer

agreement for good cause under this section, the dealer, at its

option, may require the manufacturer to repurchase any of the

following from the dealer:

1. All new, untitled recreational vehicles that were acquired

from the manufacturer within eighteen (18) months before the

effective date of the notice of termination of the dealer agreement

that have not been used, except for demonstration purposes and have

not been altered or damaged, may be repurchased at one hundred

percent (100%) of the net invoice cost of the recreational vehicles,

including transportation, less applicable rebates and discounts to

the dealer;

2. All current and undamaged accessories and proprietary parts

sold to the dealer for resale within the eighteen (18) months prior

to the effective date of the termination of the dealer agreement

that are accompanied by the original invoice may be repurchased at

one hundred five percent (105%) of the original net price paid to

the manufacturer to compensate the dealer for handling, packing, and

shipping the accessories and parts; and

3. Any properly functioning diagnostic equipment, special

tools, current signage, and other equipment and machinery, purchased

by the dealer within the five (5) years prior to the effective date

of the termination of the dealer agreement at the request of the

manufacturer, if the equipment or machinery cannot be used in the

normal course of the ongoing business of the dealer, may be

repurchased at one hundred percent (100%) of the net cost of the

Oklahoma Statutes - Title 47. Motor Vehicles Page 934

dealer, plus freight, destination, delivery, and distribution

charges and sales taxes.

E. The dealer shall promptly return or arrange for the return

of all of the items the manufacturer is required to repurchase under

subsection D of this section at the expense of the manufacturer.

F. As used in this section, “good cause” includes, but is not

limited to, any of the following:

1. A conviction of a felony or a plea of guilty or nolo

contendere to a felony by a dealer or an owner of a dealership of a

crime that was committed during the time frame of the current dealer

agreement; provided, there is full disclosure, in writing, of any

felony conviction or plea of guilty or nolo contendere to any such

felony crime that occurred within ten (10) years of entering into

the dealer agreement;

2. Abandonment or permanent closing of the business operations

of a dealer for twenty-one (21) consecutive business days without

contacting the manufacturer prior to the closing unless the closing

is due to an act of God, strike, labor difficulty, or other cause

over which the dealer has no control;

3. A material misrepresentation to a manufacturer by a dealer

that severely affects the business relationship between the dealer

and the manufacturer;

4. Suspension or revocation of the license of a dealer or

refusal to renew the license of the dealer by the Oklahoma New Motor

Vehicle Commission;

5. A material violation of any of the provisions of the

Recreational Vehicle Franchise Act by a dealer; or

6. The dealer becomes insolvent, is bankrupt, or makes an

assignment for the benefit of creditors.
Okla. Stat. tit. 47, § 47-7-606.2 — OK Code / Title 47 / Section 47-7-606.2
Uninsured Vehicle Enforcement Diversion Program
Status: in_force

A. Each district attorney may create within the district

attorney's office an Uninsured Vehicle Enforcement Diversion Program

and assign sufficient staff and resources for the efficient

operation of the program. The purpose of the Uninsured Vehicle

Enforcement Diversion Program is to authorize the district attorney

to divert complaints involving the failure to comply with mandatory

vehicle liability insurance coverage from criminal court to the

Uninsured Vehicle Enforcement Diversion Program and to enhance

public safety and security through increased compliance with

mandatory vehicle liability insurance coverage.

B. 1. Referral of a criminal complaint to the Uninsured

Vehicle Enforcement Diversion Program shall be at the discretion of

the district attorney. This act shall not limit the power of the

district attorney to prosecute Compulsory Insurance Law complaints.

2. Upon receipt of a complaint for failure to comply with the

Compulsory Insurance Law, the district attorney shall determine if

the complaint is one which is appropriate for deferred prosecution.

3. In determining whether to defer prosecution and refer a case

to the Uninsured Vehicle Enforcement Diversion Program, the district

attorney shall consider the following factors:

a. whether the criminal complaint alleges an offense

involving the failure to maintain required vehicle

liability insurance coverage,

b. whether it is in the best interest of the accused for

the accused person to be processed through deferred

prosecution in the Uninsured Vehicle Enforcement

Diversion Program,

c. the prospects for adequate protection of the public if

the accused person is processed through deferred

prosecution in the Uninsured Vehicle Enforcement

Diversion Program,

d. the number of criminal complaints against the

defendant previously received by the district

attorney,

e. whether or not there are other criminal complaints

currently pending against the defendant, and

f. the strength of the evidence of the particular

criminal complaint.

C. Upon referral of a complaint to the Uninsured Vehicle

Enforcement Diversion Program, a notice of the complaint shall be

forwarded by mail to the last known address of the record owner of

the vehicle. The notice shall contain:

1. The date the act which is the subject of the complaint

occurred;

2. A statement of the penalty for the violation of the

Compulsory Insurance Law which is the subject of the complaint;

Oklahoma Statutes - Title 47. Motor Vehicles Page 446

3. A statement that the records of the State of Oklahoma

indicate that the owner of the vehicle is not in compliance with the

provisions of the Compulsory Vehicle Insurance Law and that the

complaint against the owner has been referred to the Uninsured

Vehicle Enforcement Diversion Program; and

4. The date before which the owner must contact the office of

the district attorney concerning the complaint.

D. If the owner fails to comply with the letter, the district

attorney may file the information and proceed with the prosecution

of the owner as provided by law.

E. The district attorney may enter into a written agreement

with the owner pursuant to the provisions of Sections 305.1 through

305.6 of Title 22 of the Oklahoma Statutes to defer prosecution on

the complaint for a period to be determined by the district

attorney, not to exceed two (2) years. The conditions of an

agreement to defer prosecution shall include:

1. The owner shall provide verification of current insurance

upon request of the district attorney;

2. The owner shall comply with the provisions of the Compulsory

Insurance Law for the full term of the agreement; and

3. The owner shall not own or operate any vehicle in violation

of the Compulsory Insurance Law during the full term of the

agreement.

F. Each diversion agreement shall include a provision requiring

the owner to pay to the district attorney's office or District

Attorneys Council a fee equal to the amount which would have been

assessed as court costs upon the filing of the case in district

court pursuant to the provisions of Section 153 of Title 28 of the

Oklahoma Statutes. This fee shall be deposited in a special

district attorney fund with the county treasurer to be known as the

"Uninsured Vehicle Enforcement Diversion Program Fund". Diversion

fees paid to the District Attorneys Council shall be deposited in a

special fund to be known as the "Uninsured Vehicle Enforcement

Diversion Program Fund".

1. Each diversion agreement shall also include a provision

requiring the owner to pay an additional fee of Twenty Dollars

($20.00) to the District Attorneys Council, of which Five Dollars

($5.00) will be used in processing the payment, Ten Dollars ($10.00)

will be used in operating and maintaining the Compulsory Insurance

Verification System and Five Dollars ($5.00) will be deposited in

the Oklahoma Pension Improvement Revolving Fund created by section 2

of Enrolled Senate Bill No. 1128 of the 2nd Session of the 55th

Oklahoma Legislature.

2. The monies deposited in the Uninsured Vehicle Enforcement

Diversion Program Fund of a district attorney or the District

Attorneys Council shall be used by the district attorney and

District Attorneys Council to pay for all expenses and costs of

Oklahoma Statutes - Title 47. Motor Vehicles Page 447

equipping, operating and monitoring the vehicle insurance program,

including but not limited to, contractual payments to third-party

entities providing essential services and/or equipment for detection

of violations of Compulsory Insurance Law, and payment of reasonable

compensation to authorized and participating law enforcement

agencies as may be agreed between such entities, law enforcement

agencies and the district attorney or District Attorneys Council.

3. Proceeds from the Uninsured Vehicle Enforcement Diversion

Program administered by the District Attorneys Council may be used

to pay for any lawful expenditures associated with the operation of

the diversion program by the District Attorneys Council. The net

proceeds shall be allocated and distributed to the district

attorneys by the District Attorneys Council. District attorneys may

use proceeds from this diversion program to pay for any lawful

expenditure associated with the operation of the district attorney's

office.

4. The district attorney and District Attorneys Council shall

keep records of all monies deposited to and disbursed from the

Uninsured Vehicle Enforcement Diversion Program Fund. The records

of these funds shall be audited at the same time the records of the

district attorney and District Attorneys Council, respectively, are

audited.

5. If the owner furnishes proof to the satisfaction of the

district attorney's office or District Attorneys Council that the

required vehicle liability insurance coverage was in effect at the

time of the alleged violation, no fee shall be required.

G. Members of the district attorney's staff shall perform

duties in connection with the Uninsured Vehicle Enforcement

Diversion Program in addition to any other duties which may be

assigned by the district attorney.

H. District attorneys shall prepare and submit an annual report

to the District Attorneys Council showing total deposits and total

expenditures in the Uninsured Vehicle Enforcement Diversion Program.

Each district attorney shall submit information requested by the

District Attorneys Council regarding the Uninsured Vehicle

Enforcement Diversion Program.

By September 15 of each year following the implementation of the

Uninsured Vehicle Enforcement Program, the District Attorneys

Council shall publish an annual report for the previous fiscal year

of the Uninsured Vehicle Enforcement Diversion Program. An

electronic copy of the report shall be distributed to the Governor,

President Pro Tempore of the Senate, Speaker of the House of

Representatives and the chairs of the House and Senate

Appropriations Committees. The report required by this paragraph

shall include the number of cases processed, the total amount of

fees collected, the total cost of the program and such other

information as required by the District Attorneys Council.

Oklahoma Statutes - Title 47. Motor Vehicles Page 448
Okla. Stat. tit. 47, § 47-2-305 — OK Code / Title 47 / Section 47-2-305
Retirement and retirement pay - Reemployment -
Status: in_force

Disability benefits.

A. Except as otherwise provided in this title, at any time

after attaining normal retirement date, any member of the Oklahoma

Law Enforcement Retirement System upon application for unreduced

retirement benefits made and approved, may retire, and, during the

remainder of the member’s lifetime, receive annual retirement pay,

payable in equal monthly payments, equal to two and one-half percent

(2 1/2%) of the final average salary times years of credited

service. If such retired member is reemployed by a state agency in

a position which is not covered by the System, such retired member

shall continue to receive in-service distributions from the System.

Prior to September 19, 2002, if such retired member was reemployed

by a state agency in a position which is covered by the System, such

member shall continue to receive in-service distributions from the

System and shall not accrue any further credited service. If such a

member is reemployed by a state agency in a position which is

covered by the System on or after September 19, 2002, such member’s

monthly retirement payments shall be suspended until such member

retires and is not reemployed by a state agency in a position which

is covered by the System.

B. Beginning July 1, 1994, members who retired or were eligible

to retire prior to July 1, 1980, or their surviving spouses shall

receive annual retirement pay, payable in equal monthly payments,

Oklahoma Statutes - Title 47. Motor Vehicles Page 131

equal to the greater of their current retirement pay, or two and

one-half percent (2 1/2%) of the actual paid gross salary being

currently paid to a highway patrol officer, at the time each such

monthly retirement payment is made, multiplied by the retired

member’s years of credited service.

C. Except as otherwise provided by this subsection, members of

the System whose salary is set by statute who have retired after

completion of the mandatory twenty (20) years of service, and those

members with statutory salaries who retire after reaching the

mandatory twenty-year retirement shall receive an annual retirement

pay, payable in equal monthly installments, based upon the greater

of either:

1. The top base salary currently paid to the highest

nonsupervisory position in the participating agency at the time each

such monthly retirement payment is made, limited to the annual

salary limit of the Economic Growth and Tax Relief Reconciliation

Act of 2001, as described in paragraph 9 of Section 2-300 of this

title, multiplied by two and one-half percent (2 1/2%), multiplied

by the number of years of credited service and fraction thereof for

the following positions:

a. Oklahoma Highway Patrolman,

b. Communications Dispatcher,

c. Capitol Patrolman,

d. Lake Patrolman, and

e. Oklahoma State Bureau of Investigation - Special Agent

or Criminalist; or

2. The member’s final average salary as set forth in paragraph

9 of Section 2-300 of this title, multiplied by two and one-half

percent (2 1/2%), and multiplied by the number of years of credited

service and fraction thereof.

No member of the System retired prior to July 1, 2002, shall

receive a benefit less than the amount the member is receiving as of

June 30, 2002.

The provisions of paragraph 1 of this subsection shall not be

applicable to any member whose first participating service with the

System occurs on or after November 1, 2012, except for those members

who died in the performance of their duties pursuant to Section 2-

306 of this title.

D. Other members of the System whose retirement benefit is not

otherwise prescribed by this section who have retired after

completion of the mandatory twenty (20) years of service, and those

members who retire after reaching the mandatory twenty-year

retirement shall receive an annual retirement pay, payable in equal

monthly payments, based upon the greater of either:

1. The actual average salary currently paid to the highest

nonsupervisory position in the participating agency at the time each

such monthly payment is made, limited to the annual salary limit of

Oklahoma Statutes - Title 47. Motor Vehicles Page 132

the Economic Growth and Tax Relief Reconciliation Act of 2001, as

described in paragraph 9 of Section 2-300 of this title, multiplied

by two and one-half percent (2 1/2%), multiplied by the number of

years of credited service and fraction thereof for the following

positions:

a. Alcoholic Beverage Laws Enforcement Commission - ABLE

Commission Agent III,

b. Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control - Narcotics Agent III,

c. Oklahoma Tourism and Recreation Department - Park

Ranger II,

d. State Board of Pharmacy - Pharmacy Inspector,

e. University of Oklahoma - Police Officer, and

f. Oklahoma State University - Police Officer; or

2. The other member’s final average salary as set forth in

paragraph 9 of Section 2-300 of this title, multiplied by two and

one-half percent (2 1/2%), multiplied by the number of years of

credited service and fraction thereof.

No member of the System retired prior to July 1, 2002, shall

receive a benefit less than the amount the member is receiving as of

June 30, 2002. The participating employer must certify to the

System in writing the actual average gross salary currently paid to

the highest nonsupervisory position. The Board of Trustees shall

promulgate such rules as are necessary to implement the provisions

of this section.

The provisions of paragraph 1 of this subsection shall not be

applicable to any member whose first participating service with the

System occurs on or after May 24, 2013, except for those members who

died in the performance of their duties pursuant to Section 2-306 of

this title.

E. A member who meets the definition of disability as defined

in paragraph 11 of Section 2-300 of this title by direct reason of

the performance of the member’s duties as an officer shall receive a

monthly benefit equal to:

1. Two and one-half percent (2 1/2%);

2. Multiplied by:

a. twenty (20) years of credited service, if the member

had performed less than twenty (20) years of credited

service, notwithstanding the actual number of years of

credited service performed by the member prior to the

date of disability, or

b. the actual number of years of credited service and

fraction thereof performed by the member prior to the

date of disability, if the member had performed twenty

(20) or more years of credited service;

Oklahoma Statutes - Title 47. Motor Vehicles Page 133

3. Multiplied by the greater of subparagraph a of this

paragraph and division 1 of subparagraph b of this paragraph or

division 2 of subparagraph b of this paragraph, as applicable:

a. the final average salary of the member, as set forth

in paragraph 9 of Section 2-300 of this title, and

b. (1) the top base salary currently paid to the highest

nonsupervisory position in the participating

agency of the member at the time each monthly

payment is made, limited to the annual salary

limit of the Economic Growth and Tax Relief

Reconciliation Act of 2001 described in paragraph

9 of Section 2-300 of this title, for the

following positions:

(a) Oklahoma Highway Patrolman,

(b) Communications Dispatcher,

(c) Capitol Patrolman,

(d) Lake Patrolman, and

(e) Oklahoma State Bureau of Investigation -

Special Agent or Criminalist,

Provided, the participating employer must certify to the System

in writing the top base salary currently paid to the highest

nonsupervisory position for division (1) of subparagraph b of this

paragraph, or

(2) the actual average salary currently paid to the

highest nonsupervisory position in the

participating agency of the member at the time

each monthly payment is made, limited to the

annual salary limit of the Economic Growth and

Tax Relief Reconciliation Act of 2001, described

in paragraph 9 of Section 2-300 of this title,

for the following positions:

(a) Alcoholic Beverage Laws Enforcement (ABLE)

Commission - ABLE Commission Agent III,

(b) Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control - Narcotics Agent

III,

(c) Oklahoma Tourism and Recreation Department -

Park Ranger II,

(d) State Board of Pharmacy - Pharmacy

Inspector,

(e) University of Oklahoma - Police Officer, and

(f) Oklahoma State University - Police Officer,

Provided, the participating employer must certify to the System

in writing the actual average gross salary currently paid to the

highest nonsupervisory position for division (2) of subparagraph b

of this paragraph;

Oklahoma Statutes - Title 47. Motor Vehicles Page 134

4. No member of the System receiving benefits prescribed by

this subsection who retired prior to July 1, 2002, shall receive a

benefit of less than the amount the member was receiving as of June

30, 2002;

5. The Board of Trustees shall promulgate rules as necessary to

implement the provisions of this subsection; and

6. If such member participates in the Oklahoma Law Enforcement

Deferred Option Plan pursuant to Section 2-305.2 of this title, then

such member’s disability pension provided pursuant to this

subsection shall be reduced to account for such member’s

participation in the Oklahoma Law Enforcement Deferred Option Plan.

F. A member who meets the definition of disability as defined

in paragraph 11 of Section 2-300 of this title and whose disability

is by means of personal and traumatic injury of a catastrophic

nature and in the line of duty, shall receive a monthly benefit

equal to:

1. Two and one-half percent (2 1/2%);

2. Multiplied by:

a. twenty (20) years of service, regardless of the actual

number of years of credited service performed by the

member prior to the date of disability, if the member

had performed less than twenty (20) years of service,

or

b. the actual number of years of service performed by the

member if the member had performed twenty (20) or more

years of service;

3. Multiplied by a final average salary equal to:

a. the salary which the member would have received

pursuant to statutory salary schedules in effect upon

the date of the disability for twenty (20) years of

service prior to disability. The final average salary

for a member who performed less than twenty (20) years

of service prior to disability shall be computed

assuming that the member was paid the highest salary

allowable pursuant to the law in effect at the time of

the member’s disability based upon twenty (20) years

of service and with an assumption that the member was

eligible for any and all increases in pay based upon

rank during the entire period. If the salary of a

member is not prescribed by a specific salary schedule

upon the date of the member’s disability, the final

average salary for the member shall be computed by the

member’s actual final average salary or the highest

median salary amount for a member whose salary was

prescribed by a specific salary schedule upon the date

of the member’s disability, whichever final average

salary amount would be greater, or

Oklahoma Statutes - Title 47. Motor Vehicles Page 135

b. the actual final average salary of the member if the

member had performed twenty (20) or more years of

service prior to disability.

If such member participates in the Oklahoma Law Enforcement

Deferred Option Plan pursuant to Section 2-305.2 of this title, such

member’s disability pension provided pursuant to this subsection

shall be adjusted as provided in Section 2-305.2 of this title to

account for such member’s participation in the Oklahoma Law

Enforcement Deferred Option Plan.

G. A member who meets the definition of disability as defined

in Section 2-300 of this title and whose disability occurred prior

to the member’s normal retirement date but after completing three

(3) years of vesting service and not by reason of the performance of

the member’s duties or as a result of the member’s willful

negligence shall receive a monthly benefit equal to two and one-half

percent (2 1/2%) of final average salary multiplied by the number of

years of the member’s credited service.

H. Payment of a disability pension shall commence as of the

first day of the month coinciding or next following the date of

retirement and shall continue as long as the member meets the

definition of total and permanent disability provided in this

section.

I. For the purpose of determining the member’s disability under

subsection E, F or G of this section, the member shall be required

by the Board to be examined by a minimum of two recognized

physicians selected by the Board to determine the extent of the

member’s injury or illness. The examining physicians shall furnish

the Board a detailed written report of the injury or illness of the

examined member establishing the extent of disability and the

possibilities of the disabled member being returned to his or her

regular duties or an alternate occupation or service covered by the

System after a normal recuperation period. The Board shall require

all retired disabled members who have not attained their normal

retirement date to submit to a physical examination once each year

for a minimum of three (3) years following retirement. The Board

shall select a minimum of two physicians to examine the retired

members and pay for their services from the fund. Any retired

disabled member found no longer disabled by the examining physicians

to perform the occupation of the member or an alternate occupation

or service covered by the System shall be required to return to duty

and complete twenty (20) years of service as provided in subsection

A of this section, or forfeit all his or her rights and claims under

Section 2-300 et seq. of this title.

J. The disability benefit under this section shall be for the

lifetime of the member unless such member is found no longer

disabled pursuant to subsection I of this section. Such member

shall not be entitled to the retirement benefit pursuant to

Oklahoma Statutes - Title 47. Motor Vehicles Page 136

subsection A of this section unless such member returns to active

duty and is eligible for a retirement benefit as provided in

subsection A of this section.

K. At the postoffer, preemployment physical examination

required under paragraph 6 of Section 2-300 of this title, the

physician selected by the Board shall determine the extent to which

a new member is disabled. If a member is determined to be partially

disabled, the physician shall assign a percentage of disability to

such partial disability. If such member then becomes entitled to a

disability benefit under either subsection E or subsection G of this

section, the benefit payable shall be reduced by the percentage

which such member was determined to be disabled at the postoffer,

preemployment physical unless the Board makes a determination that

the initially determined percentage of disability at the

preemployment physical examination is unrelated to the reason for

the disability currently sought pursuant to subsection E or

subsection G of this section. Upon employment, the member shall

disclose to the Board any disability payments received from any

source. The amount of disability to be paid to any member cannot

exceed one hundred percent (100%) disability from all sources. The

provisions of this subsection shall apply only to members whose

effective date of membership is on or after July 1, 2000.

L. In addition to the pension provided for under subsection F

of this section, if the member has one or more children under the

age of eighteen (18) years or under the age of twenty-two (22) years

if the child is enrolled full-time in and is regularly attending a

public or private school or any institution of higher education,

Four Hundred Dollars ($400.00) a month shall be paid from the Fund

for the support of each surviving child to the member or person

having the care and custody of such children until each child

reaches the age of eighteen (18) years or reaches the age of twenty-

two (22) years if the child is enrolled full-time in and is

regularly attending a public or private school or any institution of

higher education.

M. Notwithstanding any other provisions in Section 2-300

through 2-315 of this title, in order to be eligible to receive

disability benefits, a member who meets the definition of disability

as defined in paragraph 11 of Section 2-300 of this title shall file

the member’s completed application for disability benefits with the

System before such member’s date of termination from service and

provide such additional information that the System’s rules require

within six (6) months of the System’s receipt of such application.

If the member’s completed application for disability benefits is not

filed with the System before the member’s date of termination from

service or such additional information as is required under the

System’s rules is not provided within six (6) months of the System’s

receipt of such application, such member shall be eligible only for

Oklahoma Statutes - Title 47. Motor Vehicles Page 137

such other benefits as are available to members of the System and

shall not be eligible to receive any disability benefits. For good

cause shown, the Board of Trustees may waive the requirement that

the disability application be filed before the member’s date of

termination from service. In no event shall a member be eligible to

receive any disability benefit if the member’s completed application

is filed more than six (6) months after the member’s date of

termination from service.

N. If the requirements of Section 2-305.1C of this title are

satisfied, a member who, by reason of disability or attainment of

normal retirement date or age, is separated from service as a public

safety officer with the member’s participating employer may elect to

have payment made directly to the provider for qualified health

insurance premiums by deduction from his or her monthly disability

benefit or monthly retirement payment, after December 31, 2006, in

accordance with Section 402(l) of the Internal Revenue Code of 1986,

as amended. For distributions made after December 29, 2022, the

election provided for under Section 402(l) of the Internal Revenue

Code of 1986, as amended, may be made whether payment of the

premiums is made directly to the provider of the accident or health

plan or qualified long-term care insurance contract by deduction

from a distribution from the System or is made to the member.
Okla. Stat. tit. 47, § 47-7-313 — OK Code / Title 47 / Section 47-7-313
Exception when insurer liable
Status: in_force

No driving privilege of any person shall be suspended under the

provisions of this chapter if the Department of Public Safety shall

find that an insurer was obligated to pay the judgment, at least to

the extent and for the amounts required in this chapter, upon which

the suspension is based but has not paid the judgment for any

reason. A finding by the Department that an insurer is obligated to

pay a judgment shall not be binding upon the insurer and shall have

no legal effect whatever except for the purpose of administering

this section. Whenever in any judicial proceedings it shall be

determined by any final judgment, decree or order that an insurer is

not obligated to pay the judgment, the Department, notwithstanding

any contrary finding theretofore made by it, shall forthwith suspend

the driving privilege of any person against whom the judgment was

rendered, as provided in Section 7-310 of this title.
Okla. Stat. tit. 47, § 47-7-103 — OK Code / Title 47 / Section 47-7-103
Definitions
Status: in_force

The following words and phrases when used in Title 47 of the

Oklahoma Statutes shall have the meanings respectively ascribed to

them in this section:

1. "Judgment" means any judgment which shall have become final

by expiration without appeal in the time within which an appeal

might have been perfected, or by final affirmation on appeal,

rendered by a court of competent jurisdiction of any state or of the

United States, upon a cause of action arising out of the ownership,

maintenance or use of any vehicle subject to registration under the

laws of this state, for damages, including damages for care and loss

of services, because of bodily injury to or death of any person, or

for damages because of injury to or destruction of property,

including the loss of use thereof, or upon a cause of action on an

agreement of settlement for the damages;

2. "Minimum liability insurance limits" means:

a. for vehicle liability policies issued or renewed

before April 1, 2005:

(1) a limit of not less than Ten Thousand Dollars

($10,000.00) because of bodily injury to or death

of one person in any one accident,

(2) subject to the limit for one person as prescribed

in subparagraph a of this paragraph, a limit of

not less than Twenty Thousand Dollars

Oklahoma Statutes - Title 47. Motor Vehicles Page 406

($20,000.00) because of bodily injury to or death

of two or more persons in any one accident, and

(3) if the accident has resulted in injury to or

destruction of property, a limit of not less than

Ten Thousand Dollars ($10,000.00) because of

injury to or destruction of property of others in

any one accident, or

b. for vehicle liability policies issued or renewed on or

after April 1, 2005:

(1) a limit of not less than Twenty-five Thousand

Dollars ($25,000.000) because of bodily injury to

or death of one person in any one accident,

(2) subject to the limit for one person as prescribed

in subparagraph a of this paragraph, a limit of

not less than Fifty Thousand Dollars ($50,000.00)

because of bodily injury to or death of two or

more persons in any one accident, and

(3) if the accident has resulted in injury to or

destruction of property to a limit of not less

than Twenty-five Thousand Dollars ($25,000.00)

because of injury to or destruction of property

of others in any one accident;

3. "Motor vehicle liability policy" means an owner's policy or

operator's policy of liability, as defined in this chapter, issued

by an insurance carrier duly authorized to transact business in this

state, to or for the benefit of the person named therein as insured.

With respect to a policy which grants coverage in excess of or in

addition to minimum liability insurance limits, the term motor

vehicle liability policy shall apply only to that part of the

coverage which is required by minimum liability insurance limits;

and

4. "Proof of financial responsibility" means proof of ability

to respond in damages for liability at the minimum liability

insurance limits:

a. resulting from accidents occurring subsequent to the

effective date of the proof,

b. arising out of the ownership, maintenance or use of a

vehicle subject to registration under the laws of this

state.
Okla. Stat. tit. 47, § 47-7-600.2 — OK Code / Title 47 / Section 47-7-600.2
Online verification system — Rules — Exception
Status: in_force

A. The Department of Public Safety shall transfer to the

Oklahoma Insurance Department by January 1, 2018, the online

verification system for motor vehicle liability policies as required

by the Compulsory Insurance Law, subject to the following:

1. The Oklahoma Tax Commission, the Department of Public

Safety, and Service Oklahoma shall cooperate with the Insurance

Department in the ongoing improvement and maintenance of the

verification system;

2. The verification system shall be accessible through the

Internet, World Wide Web or a similar proprietary or common carrier

electronic system by authorized personnel of the Department of

Public Safety, the Tax Commission, Service Oklahoma, the district

attorneys, the courts, law enforcement personnel, and any other

entities authorized by the Insurance Department;

3. The verification system shall provide for direct inquiry and

response between the Insurance Department and insurance carriers, or

such other method of inquiry and response as agreed to by the

Insurance Department and individual insurance carriers, and direct

access to insurers' records by personnel authorized by the Insurance

Department;

4. The verification system shall be available twenty-four (24)

hours a day to verify the insurance status of any vehicle registered

in this state through the vehicle's identification number, policy

number, registered owner's name or other identifying characteristic

or marker as prescribed by the Insurance Department in its rules;

Oklahoma Statutes - Title 47. Motor Vehicles Page 430

5. The Insurance Department may contract with a private vendor

to assist in establishing and maintaining the verification system;

6. The verification system shall include appropriate

provisions, consistent with industry standards, to secure its data

against unauthorized access and to maintain a record of all

information requests;

7. Information contained in the verification system shall not

be considered a public record;

8. Any law enforcement officer, to establish compliance with

the Compulsory Insurance Law during a traffic stop or accident

investigation, shall access information from the online verification

system to verify the current validity of the policy described on a

security verification form produced by the operator of each motor

vehicle during the traffic stop or accident investigation. If

compliance is not confirmed for the policy described on the security

verification form produced by the operator and a subsequent

investigation conducted by the officer verifies that the operator is

not in compliance, the officer may issue a citation to the operator

for failure to comply with the Compulsory Insurance Law;

9. If the operator fails to produce the security verification

form during a traffic stop or accident investigation, the requesting

law enforcement officer shall access information from the online

verification system through the vehicle's identification number,

registered owner's name, license plate number or other identifying

characteristic or marker to verify valid and current security and

establish compliance with the Compulsory Insurance Law and shall not

issue a citation if valid and current security is established. If

the operator fails to produce the security verification form and

compliance is not confirmed through the online verification system,

the officer may issue a citation to the operator for failure to

comply with the Compulsory Insurance Law;

10. Establishing compliance with the Compulsory Insurance Law

through the online verification system shall not be the primary

cause for law enforcement to stop a motor vehicle; and

11. All information exchanged between the Insurance Department

and insurance companies, any database created, and all reports,

responses, or other information generated for the purposes of the

verification system shall not be subject to the Oklahoma Open

Records Act.

B. This section shall not apply to a policy issued pursuant to

paragraph 3 of subsection A of Section 7-601.1 of this title or

paragraph 3 of subsection A of Section 7-602 of this title to insure

a commercial motor vehicle or to insure any vehicle under a

commercial policy that provides commercial auto coverage as defined

in Section 7-600 of this title.

C. As a condition for writing motor vehicle liability policies

in this state, insurance carriers shall cooperate with the Insurance

Oklahoma Statutes - Title 47. Motor Vehicles Page 431

Department in establishing and maintaining the insurance

verification system and shall provide access to motor vehicle

insurance policy status information as provided in the rules of the

Insurance Department. The Insurance Commissioner may, pursuant to

Title 36 of the Oklahoma Statutes, initiate an administrative

proceeding against any insurance company found by the Commissioner

to not be in compliance with the provisions of this section or any

rules promulgated pursuant to this section.
Okla. Stat. tit. 47, § 47-226.4 — OK Code / Title 47 / Section 47-226.4
Definition of franchise
Status: in_force

An "auto bus" as the term is used herein means a self-propelled

vehicle not operated on fixed tracks, with a manufacturer's rated

seating capacity of seven (7) or more passengers, operating over a

fixed route and/or between fixed termini and/or on scheduled trips.
Okla. Stat. tit. 47, § 47-1-134 — OK Code / Title 47 / Section 47-1-134
Motor vehicle
Status: in_force

Motor vehicle.

A. A motor vehicle is:

1. Any vehicle which is self-propelled; or

2. Any vehicle which is propelled by electric power obtained

from overhead trolley wires, but not operated upon rails.

B. As used in this title, the term "motor vehicle" shall not

include:

1. Implements of husbandry, as defined in Section 1-125 of this

title;

2. Electric personal assistive mobility devices as defined in

Section 1-114A of this title;

3. Motorized wheelchairs, as defined in Section 1-136.3 of this

title;

4. Vehicles moved solely by human or animal power; or

5. Electric-assisted bicycles as defined in Section 1-104 of

this title.
Okla. Stat. tit. 47, § 47-1801 — OK Code / Title 47 / Section 47-1801
Personal delivery device - Requirements
Status: in_force

A. Notwithstanding any other law of this state, a personal

delivery device may operate on any sidewalk, crosswalk, road or

street of any county or municipality in this state.

B. A personal delivery device shall have a unique identifying

device number and identifies the name and contact information of the

personal device operator.

C. A personal delivery device shall:

1. Not unreasonably interfere with motor vehicles or traffic;

2. Not obstruct public rights of way;

3. Obey all traffic and pedestrian control signals and devices;

4. Not operate at a speed of more than ten (10) miles per hour

on the sidewalk;

5. Be equipped with a system that enables the device to come to

a controlled stop;

6. Be equipped with lights on the front and rear of the device

that are visible and recognizable under normal atmospheric

conditions on all sides of the device from at least five hundred

(500) feet from the device; and

7. Not transport hazardous material regulated under the

Hazardous Materials Transportation Act (49 U.S.C. § 5103) and are

required to be placarded under 49 CFR Part 172, Subpart F.
Okla. Stat. tit. 47, § 47-7-218 — OK Code / Title 47 / Section 47-7-218
Return of deposit
Status: in_force

Upon the expiration of one (1) year from the date of any deposit

of security, any security remaining on deposit shall be returned to

the person who made such deposit or to his personal representative

if an affidavit or other evidence satisfactory to the Department has

been filed with it:

1. That no action for damages arising out of the accident for

which deposit was made is pending against any person on whose behalf

the deposit was made, and

2. That there does not exist any unpaid judgment rendered

against any such person in such an action.

The foregoing provisions of this section shall not be construed

to limit the return of any deposit of security under any other

provision of this chapter authorizing such return.
Okla. Stat. tit. 47, § 47-435 — OK Code / Title 47 / Section 47-435
Violation a misdemeanor - Punishment
Status: in_force

Any person violating any provision of this act shall be guilty

of a misdemeanor, and shall upon conviction thereof be punished by a

fine of not less than Twenty-five Dollars ($25.00) nor more than

Five Hundred Dollars ($500.00), or by imprisonment in the county

jail for not more than one (1) year; or by both such fine and

imprisonment.
Okla. Stat. tit. 47, § 47-1104.29 — OK Code / Title 47 / Section 47-1104.29
Prisoner of War and Missing in Action License Plate
Status: in_force

Revolving Fund.

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

1135.5 of Title 47 of the Oklahoma Statutes for the Prisoner of War

and Missing in Action License Plate shall be deposited by Service

Oklahoma in the Prisoner of War and Missing in Action 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 Oklahoma Department of Veterans Affairs to be

designated the “Prisoner of War and Missing in Action License Plate

Revolving Fund”. The fund shall be a continuing fund, not subject

to fiscal year limitations, and shall consist of all monies received

by the Department pursuant to the provisions of subsection A of this

section. All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Department for

any purpose related to Oklahoma residents who are American veterans.

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, § 47-783 — OK Code / Title 47 / Section 47-783
Compensation and expenses of administrator
Status: in_force

The Compact administrator provided for in Article VII of the

Compact shall not be entitled to any additional compensation on

account of his service as such administrator, but shall be entitled

to expenses incurred in connection with his duties and

Oklahoma Statutes - Title 47. Motor Vehicles Page 978

responsibilities as such administrator, in the same manner as for

expenses incurred in connection with any other duties or

responsibilities of his office of employment.
Okla. Stat. tit. 47, § 47-1705 — OK Code / Title 47 / Section 47-1705
In the event of an accident
Status: in_force

In the event of an accident:

1. The fully autonomous vehicle shall remain on the scene of

the accident when required by Section 10-107 or 10-108 of Title 47

of the Oklahoma Statutes, consistent with its capability under

Section 1 of this act; and

2. The owner of the fully autonomous vehicle, or a person on

behalf of the vehicle owner, shall report any accidents or

collisions consistent with Section 10-107 or 10-108 of Title 47 of

the Oklahoma Statutes.
Okla. Stat. tit. 47, § 47-169.4 — OK Code / Title 47 / Section 47-169.4
Concealed loss or damage - Claim - Inspection -
Status: in_force

Evidence.

Where shipments of household goods are received by the carrier

from the shipper in apparent good order and with no exceptions noted

on the bill of lading, and delivered by the carrier in the same

manner, with no exceptions noted, such concealed loss or damage

claims must be submitted to the carrier by the shipper. Inspections

covering loss or damage found after delivery must be requested to

the delivering carrier in writing within fifteen (15) days after the

delivery of the shipment involved. If more than fifteen (15) days

have passed, it is incumbent upon the consignee to offer reasonable

evidence to the carrier or a representative of the carrier that loss

or damage was not incurred by the consignee after delivery by the

carrier.
Okla. Stat. tit. 47, § 47-1-133 — OK Code / Title 47 / Section 47-1-133
Metal tire
Status: in_force

Every tire the surface of which in contact with the highway is

wholly or partly of metal or other hard, nonresilient material.