Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 15 - Intrastate Private Carriers › Part 3 - OBTAINING A PRIVATE CARRIER LICENSE AND LICENSE REQUIREMENTS › Section 165:30-15-4 - Obtaining a license

Current through Vol. 41, No. 20, July 1, 2024
(a) No
				  intrastate private carrier, utilizing equipment with an actual weight,
				  registered weight or combination weight or GVWR/GCWR in excess of twenty-six
				  thousand (26,000) pounds and/or GCWR in excess of twenty-six thousand (26,000)
				  pounds when the trailer's GVWR is greater than ten thousand (10,000) pounds,
				  shall operate upon any street, road, public highway or dedicated public
				  thoroughfare of this State for the transportation of property without first
				  obtaining from the Commission a license as provided in this Section. A private
				  carrier license is not required for a bona fide farmer transporting commodities
				  from farm to market or market to farm; registered and valid non-profit
				  organizations or any private carrier operating equipment leased or rented from
				  a company that leases or rents vehicles on a commercial scale, provided the
				  lease or rental contract is for thirty-one (31) days or less and a copy of the
				  contract is carried in the vehicle. A license issued under this Subchapter
				  shall not include transportation as a for-hire motor carrier. For-hire motor
				  carriers must comply with Subchapter 3 and/or Subchapter 13 of this Chapter.
(1) An applicant for a private carrier
				  license shall file with the Commission a written application on the appropriate
				  form prescribed by the Commission (TDF 1), and shall tender with the
				  application a filing fee as prescribed by law or by Commission rule.
(2) The application shall be assigned a
				  personal identification number ("PIN"), which shall be the permanent
				  identification number for all matters relating to the license granted therein.
				  Any application thereafter filed to amend the license by the same applicant
				  shall be filed in the same cause under the original PIN, and otherwise shall be
				  governed by the provisions of this Subchapter relating to an application for
				  license. Each subsequent application shall also bear a sub-number in sequence.
(3) A license shall be personal to
				  the holder thereof, and shall be issued only to an individual, a corporation, a
				  limited liability corporation, a partnership or some other legally recognized
				  entity.
(4) The filing of an
				  application for a license does not of itself authorize any private carrier
				  operations by the applicant. Such operations are prohibited until after all
				  requirements have been met, and a license has been issued. All requirements for
				  compliance with this Subchapter shall be met within sixty (60) days from date
				  of application recommending the license be issued. Failure to comply may result
				  in dismissal of the application for a license. Licenses issued shall be valid
				  for a maximum of one (1) year and may be renewed after application has been
				  filed as provided by this Chapter.
(5) No license for private carrier intrastate
				  operations shall be issued until applicant has a satisfactory USDOT safety
				  rating or the applicant has demonstrated its ability to conduct operations in a
				  safe and reasonable manner and applicant is in compliance with all applicable
				  rules and laws of the State of Oklahoma; has furnished proper proof of all
				  insurance required by this Subchapter and all applicable state statutes.
(6) The application shall require
				  the following:
(A) Name, a single trade name
				  (if any), email address, mailing address, physical address, telephone number
				  and domicile county of the applicant.
(B) The type of applicant (indicating if sole
				  proprietorship, partnership, corporation or other legal entity), specifying the
				  names of all officers, if any, and listing the email, mailing and physical
				  addresses of each.
(C) The type of
				  operations for which the applicant is applying.
(D) The name and address of the motor
				  carrier's process agent in Oklahoma (if the motor carrier does not maintain its
				  principal place of business in Oklahoma).
(E) Declaration of its USDOT number, safety
				  rating and a safety summary report which details its safety program and lists
				  all safety violations identified within the prior twelve (12) months. Carriers
				  without a USDOT number must attach a copy of its previously submitted
				  application for a USDOT number. The applicant shall notify the Commission in
				  writing of its USDOT number once issued, unless the USDOT number is issued by
				  the Commission.
(F) A size and
				  weight summary report which details its size and weight compliance program and
				  lists all size and weight violations identified within the prior twelve (12)
				  months.
(G) A listing of all power
				  vehicles and trailers to be used, detailing the model, make and capacity of
				  each vehicle and denoting whether each vehicle is owned or leased.
(H) A description of all terminal, dock or
				  motor pool facilities.
(I) A
				  declaration that the Applicant is in full compliance with all other state laws,
				  rules and regulations.
(J) Any
				  other information the Commission deems necessary.
(7) Every person operating under the Motor
				  Carrier Act of 1995 and the rules of this Commission shall possess a copy of
				  this Chapter governing the operations of motor carriers and private carriers.
(8) A private carrier desiring to
				  modify its license shall file a sub application (TDF 1). Sub applications to
				  include hazardous materials must comply with the provisions in this Section.
				  Sub applications to modify other types of operations shall be exempt from
				  (6)(D)-(G) of this subsection.
(9)
				  A copy of the current license under which a carrier operates shall be carried
				  at all times in each power unit by the private carrier.