Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 35 - Enforcement of Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act › Section 595:35-1-12 - Department of Public Safety port of entry officers

Current through Vol. 41, No. 20, July 1, 2024
(a) Department of Public Safety port of entry
			 officers (DPS POE officers) are DPS commissioned inspectors or DPS civilian
			 inspectors assigned to Troop S to work only at and around port of entry
			 locations. See generally 47 O.S. § 14-116.
(b) In accordance with 47 O.S. §2-117
			 any officer designated and commissioned by the Commissioner is declared to be a
			 peace officer of the State of Oklahoma and shall be so deemed and taken in all
			 courts having jurisdiction of offenses against the laws of the state.
(c) The Commissioner shall designate and
			 commission DPS POE officers. The Commissioner may also appoint civilian DPS POE
			 officers. All DPS POE officers shall only be assigned to and supervised by
			 Troop S.
(d) The Commissioner has
			 the authority to authorize any officer, employee, or agent of the Department to
			 conduct the activities necessary to administer the Act. See 47 O.S. §
			 230.4.
(e) Commissioned DPS POE
			 officers shall have the powers and authority now and hereafter vested by law in
			 other peace officers, including the right and power of search and seizure,
			 except the serving or execution of civil process, and the right and power to
			 investigate and prevent crime and to enforce the criminal laws of this state.
			 However, the duties of the DPS POE officers and civilian DPS POE officers shall
			 be limited to:
(1) Enforce all or any
			 portions of the federal motor carrier safety regulations and the hazardous
			 materials regulations of the United States Department of Transportation, as now
			 or hereafter amended, as adopted by reference;
(2) Conduct investigations; make reports;
			 require the production of relevant documents, records and property;
			 demonstration and training activities;
(3) 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 Act;
(4) Stop and inspect any driver or commercial
			 motor vehicle for any violation of the Act or rules and regulations issued
			 pursuant thereto;
(5) 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;
(6) Prohibit any commercial driver from
			 transporting hazardous materials if such driver is unqualified or disqualified
			 under any federal or department regulation;
(7) Declare or mark any driver, vehicle or
			 container out of service pursuant to the Commercial Vehicle Safety Alliance
			 North American Standard Out-of-Service Criteria;
(8) Administer and enforce the provisions of
			 the Act and any rules and regulations issued pursuant thereto;
(9) Exercise all power and authority vested
			 by law in other peace officers regarding law violations committed in the
			 presence of the commissioned DPS POE officer at and around port of entry
			 locations.