reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 15 - Intrastate Private Carriers › Part 7 - VIOLATIONS, SUSPENSION OR CANCELLATION › Section 165:30-15-34 - Violations

Current through Vol. 41, No. 20, July 1, 2024
(a) Every for-hire
				  motor carrier, shipper, private motor carrier, their employees or any other
				  person who violates or fails to comply with or procures, aids or abets in the
				  violation of any provision of law or of any requirements of this Chapter; or
				  who fails to obey, observe or comply with any order, decision, rule or
				  regulation, direction, demand or requirement, or any part or provision thereof,
				  of the Commission, or who procures, aids, or abets any corporation or person in
				  its refusal or willful failure to obey, observe or comply with any such order,
				  decision, rule, direction, demand or regulation, or part of provision thereof,
				  after notice and hearing, is guilty of contempt of the Commission and is
				  subject to a fine not to exceed Five Hundred ($500.00) Dollars per violation
				  per day or as otherwise provided for by law.
(b) All motor carriers must yield for
				  inspection as directed by a duly authorized motor carrier enforcement officer
				  or by posted signs.
(c) Motor
				  carrier enforcement officers may hold and detain equipment operated by a motor
				  carrier for violations of applicable laws in the Oklahoma Statutes or rules of
				  this Agency.
(d) If, in the
				  judgment of a motor carrier enforcement officer, a detained vehicle poses an
				  inherent risk to public health, safety or welfare, upon direction of the
				  Transportation Division Director or his designee, the motor carrier enforcement
				  officer may arrange for impoundment of the detained vehicle at the expense of
				  the motor carrier.
(e) Contents of
				  impounded equipment must be inventoried, with any inventory expense incurred at
				  the sole cost of the motor carrier.
Added as 165:30-15-45
					 at 13 Ok Reg 247, eff 11-1-95 (emergency); Added at 13 Ok Reg 2419, eff 7-1-96;
					 Amended at 14 Ok Reg 2539, eff 7-1-97; Amended at 21 Ok Reg 774, eff 7-1-04;
					 Amended at 25 Ok Reg 1546, eff 7-1-08
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 15 - Intrastate Private Carriers › Part 7 - VIOLATIONS, SUSPENSION OR CANCELLATION › Section 165:30-15-35 - Suspension or discontinuance of license

Current through Vol. 41, No. 20, July 1, 2024
(a) An intrastate private carrier may request
				  cancellation of its license without notice or hearing.
(b) Any intrastate private carrier requesting
				  cancellation of its license while in good standing may reapply for a new
				  license at any time.
(c) Any
				  intrastate private carrier license may be suspended or revoked by the
				  Commission, or the holder thereof assessed a fine or other lawful punishment
				  for violation of, or failure to comply with, any requirement or provision of
				  law or of this Chapter.
(d) An
				  application to revoke or suspend an intrastate private carrier license may be
				  filed by a member of the staff of the Commission or by a person adversely
				  affected by the acts alleged. It shall be in the form of an application, and
				  proceedings thereon, including notice and hearing if required, shall be as
				  prescribed in the Oklahoma Corporation Commission's Rules of Practice, OAC
				  165:5.
(e) Any violation of other
				  state statutes or regulations shall be cause to initiate an application for
				  revocation by staff or other adversely affected persons.
(f) After hearing, the Commission may grant
				  or deny the application, and may suspend or revoke the license, or any part
				  thereof or rights thereunder, or the Commission may assess a fine or impose
				  limitations or conditions upon the continuation of operations under the license
				  as stated in the order.
(g) Any
				  private carrier conducting operations under a suspended or cancelled license,
				  shall not be eligible to apply for a new license for a period of not less than
				  ninety (90) days. Except for insurance violations as noted in
				  165:30-3-11, the ninety
				  (90) day period shall begin the date a Commission order is signed suspending or
				  canceling a private carrier license. This subsection shall not apply to private
				  carrier licenses which have expired.
(h) The employment of incorporation, stock
				  transfer, merger, change of name or similar action directly or indirectly as a
				  device to evade subsection (f) of this Section is prohibited.
Added as 165:30-15-29
					 at 14 Ok Reg 1251, eff 5-12-971; Added at 14 Ok Reg
					 2539, eff 7-1-97
1Editorially renumbered from
					 165:30-15-29, to avoid a duplication in
					 numbering.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 15 - Intrastate Private Carriers › Part 7 - VIOLATIONS, SUSPENSION OR CANCELLATION › Section 165:30-15-36 - Reinstatement of a private carrier license

Current through Vol. 41, No. 20, July 1, 2024
An intrastate private carrier whose license has been
					 cancelled by law or by order of the Commission may make application for
					 reinstatement in accordance with the provisions as set forth in
					 165:30-15-103.
Added as 165:30-15-30
					 at 14 Ok Reg 1251, eff
					 5-12-971
1Editorially renumbered from
					 165:30-15-30, to avoid a duplication in
					 numbering.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 15 - Intrastate Private Carriers › Part 7 - VIOLATIONS, SUSPENSION OR CANCELLATION › Section 165:30-15-39 - Loading capacity-safety compliance [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg
					 247, eff 11-1-95
					 (emergency)1
1This emergency rule was
					 superseded by a permanent rule numbered at 165:30-15-31, effective
					 7-1-96.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 15 - Intrastate Private Carriers › Part 7 - VIOLATIONS, SUSPENSION OR CANCELLATION › Section 165:30-15-40 - Leasing of license [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg
					 247, eff 11-1-95 through 7-14-96
					 (emergency)1
1This emergency action expired
					 without being superseded by a permanent action. Upon expiration of an emergency
					 action enacting a new Section, the Section is no longer effective. Therefore,
					 on 7-15-96 (after the 7-14-96 expiration of the emergency action), the text of
					 165:30-15-40 was no longer effective. For the official text of the emergency
					 rule that was effective from 11-1-95 through 7-14-96, see 13 Ok Reg
					 247.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 15 - Intrastate Private Carriers › Part 7 - VIOLATIONS, SUSPENSION OR CANCELLATION › Section 165:30-15-41 - Contempt complaint [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg
					 247, eff 11-1-95
					 (emergency)1
1This emergency rule was
					 superseded by a permanent rule numbered at 165:30-15-32, effective
					 7-1-96.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 15 - Intrastate Private Carriers › Part 7 - VIOLATIONS, SUSPENSION OR CANCELLATION › Section 165:30-15-42 - Pollution abatement [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg
					 247, eff 11-1-95
					 (emergency)1
1This emergency rule was
					 superseded by a permanent rule numbered at 165:30-15-33, effective
					 7-1-96.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 15 - Intrastate Private Carriers › Part 7 - VIOLATIONS, SUSPENSION OR CANCELLATION › Section 165:30-15-43 - Suspension or discontinuance of license [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg
					 247, eff 11-1-95 through 7-14-96
					 (emergency)1
1This emergency action expired
					 without being superseded by a permanent action. Upon expiration of an emergency
					 action enacting a new Section, the Section is no longer effective. Therefore,
					 on 7-15-96 (after the 7-14-96 expiration of the emergency action), the text of
					 165:30-15-43 was no longer effective. For the official text of the emergency
					 rule that was effective from 11-1-95 through 7-14-96, see 13 Ok Reg
					 247.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 15 - Intrastate Private Carriers › Part 7 - VIOLATIONS, SUSPENSION OR CANCELLATION › Section 165:30-15-44 - Reinstatement of a private carrier license [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg
					 247, eff 11-1-95 through 7-14-96
					 (emergency)1
1This emergency action expired
					 without being superseded by a permanent action. Upon expiration of an emergency
					 action enacting a new Section, the Section is no longer effective. Therefore,
					 on 7-15-96 (after the 7-14-96 expiration of the emergency action), the text of
					 165:30-15-44 was no longer effective. For the official text of the emergency
					 rule that was effective from 11-1-95 through 7-14-96, see 13 Ok Reg
					 247.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 15 - Intrastate Private Carriers › Part 7 - VIOLATIONS, SUSPENSION OR CANCELLATION › Section 165:30-15-45 - Violations [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg
					 247, eff 11-1-95
					 (emergency)1
1This emergency rule was
					 superseded by a permanent rule numbered at 165:30-15-34, effective
					 7-1-96.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 16 - Interstate Private Carriers › Section 165:30-16-1 - USDOT numbers and markings

Current through Vol. 41, No. 20, July 1, 2024
All motor carriers engaged in interstate private commerce
				  shall comply with all provisions of OAC
				  165:30-10-1.
Added at 23 Ok Reg 509,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2325, eff 7-1-06; Amended at 29 Ok
				  Reg 951, eff 7-1-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 16 - Interstate Private Carriers › Section 165:30-16-2 - Lease agreement

Current through Vol. 41, No. 20, July 1, 2024
All motor carriers engaged in interstate private commerce
				  shall comply with all provisions of
				  49 C.F.R.
				  376.11 with regard to lease
				  agreements.
Added at 23 Ok Reg 509,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2325, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 16 - Interstate Private Carriers › Section 165:30-16-3 - Shipping documentation

Current through Vol. 41, No. 20, July 1, 2024
All motor carriers engaged in interstate private commerce
				  shall be required to carry at all times documents that establish legal
				  possession of cargo.
Added at 23 Ok Reg 509,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2325, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 16 - Interstate Private Carriers › Section 165:30-16-4 - Compliance with laws and regulations

Current through Vol. 41, No. 20, July 1, 2024
(a) All motor carriers engaged in interstate
				private commerce shall conduct their operations in accordance with all
				applicable laws of the State of Oklahoma and all applicable rules of the
				Commission. All registrations heretofore or hereafter filed with the Commission
				are subject to applicable provisions of law and of the rules of this Subchapter
				as fully as if those laws and rules were set forth verbatim herein.
(b) No motor carrier engaged in interstate
				private commerce shall operate or allow to be operated on the public highways
				of the State of Oklahoma any equipment for hire that does not comply with
				safety criteria established by the Statutes of Oklahoma or by the Department of
				Public Safety. No motor carrier shall permit any person to operate a motor
				vehicle for hire when such person is intoxicated or under the influence of
				alcohol or under the influence of amphetamines, stimulants or other drugs. Any
				vehicle which fails to meet safety criteria, or which is operated by a person
				under the influence of alcohol, amphetamines, stimulants or other drugs, shall
				be prevented from continued use of the public highways of the State of
				Oklahoma.
(c) Violation of the
				rules of this Subchapter may result in the motor carrier being prohibited from
				using the public highways of the State of Oklahoma or any other penalties
				deemed appropriate by the Commission pursuant to authority granted to the
				Commission.
Added at 23 Ok Reg 509,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2325, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 16 - Interstate Private Carriers › Section 165:30-16-5 - Minimum standards

Current through Vol. 41, No. 20, July 1, 2024
(a) Every
				vehicle used for interstate private commerce shall be in safe operating
				condition, and shall possess all safety equipment required by the Statutes of
				Oklahoma, the regulations of the USDOT and the rules of the Department of
				Public Safety.
(b) All vehicles
				will be utilized in a manner that conforms with the manufacturer's design
				standards and specifications.
(c)
				The Commission adopts the provisions of the rules and regulations as adopted by
				the Oklahoma Department of Public Safety in OAC 595:35, pertaining to 49 C.F.R.
				Federal Motor Carrier Safety Regulations, with all amendments and appendices
				thereto.
Added at 23 Ok Reg 509,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2325, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 16 - Interstate Private Carriers › Section 165:30-16-6 - Loading capacity

Current through Vol. 41, No. 20, July 1, 2024
All interstate private carriers shall comply with all
				  provisions of OAC
				  165:30-3-71.
Added at 23 Ok Reg 509,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2325, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 16 - Interstate Private Carriers › Section 165:30-16-7 - Contempt complaint

Current through Vol. 41, No. 20, July 1, 2024
In addition to the procedures set forth in the Oklahoma
				  Statutes and in the Commission Rules of Practice, OAC 165:5, regarding the
				  procedure in proceedings as for contempt, the procedures set forth in
				  165:30-3-76
				  may be followed for violation for any requirement or provision of law or the
				  rules of this Subchapter.
Added at 23 Ok Reg 509,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2325, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 16 - Interstate Private Carriers › Section 165:30-16-8 - Pollution abatement

Current through Vol. 41, No. 20, July 1, 2024
All motor carriers engaged in interstate private commerce
				  shall comply with all provisions of OAC
				  165:30-3-92.
Added at 23 Ok Reg 509,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2325, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 16 - Interstate Private Carriers › Section 165:30-16-9 - Deleterious Substance Transport Permit

Current through Vol. 41, No. 20, July 1, 2024
All interstate private carriers transporting any deleterious
				  substance(s) shall comply with all provisions of OAC
				  165:30-3-13
				  and OAC
				  165:30-3-11.
Added at 23 Ok Reg 509,
				  eff 12-19-05 (emergency); Added at 23 Ok Reg 2325, eff
				  7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 16 - Interstate Private Carriers › Section 165:30-16-11 - Violations

Current through Vol. 41, No. 20, July 1, 2024
(a) Every private
				motor carrier, their employees or any other person who violates or fails to
				comply with or procures, aids or abets in the violation of any provision of law
				or of any requirement of this Chapter; or who fails to obey, observe or comply
				with any order, decision, rule or regulation, direction, demand or requirement,
				or any part or provision thereof, of the Commission, or who procures, aids, or
				abets any corporation or person in its refusal or willful failure to obey,
				observe or comply with any such order, decision, rule, direction, demand or
				regulation, or part of provision thereof, after notice and hearing, is guilty
				of contempt of the Commission and is subject to a fine not to exceed Five
				Hundred ($500.00) Dollars per violation per day or as otherwise provided for by
				law.
(b) All private motor carriers
				must yield for inspection as directed by a duly authorized motor carrier
				enforcement officer or by posted road signs.
(c) Motor carrier enforcement officers may
				hold and detain equipment operated by a motor carrier for violations of
				applicable laws in the Oklahoma Statutes or rules of this Agency.
(d) If, in the judgment of a motor carrier
				enforcement officer, a detained vehicle poses an inherent risk to public
				health, public safety or welfare, upon direction of the Transportation Division
				Director or her/his designee, the motor carrier enforcement officer may arrange
				for impoundment of the detained vehicle at the expense of the motor
				carrier.
(e) Contents of impounded
				equipment must be inventoried, with any inventory expense incurred at the sole
				cost of the private motor carrier.
Added at 29 Ok Reg 951,
				  eff 7-1-12
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 1 - GENERAL PROVISIONS › Section 165:30-17-1 - Purpose and applicability

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules in this Subchapter are intended
				  to implement a uniform registration and permitting program for motor carriers
				  who transport hazardous waste in interstate or intrastate commerce of a type
				  and amount that requires the shipment to be accompanied by a Uniform Hazardous
				  Waste Manifest contained in 40 CFR, Part 262; and to conform to the procedures
				  and requirement contained in the report submitted to the secretary of
				  transportation pursuant to Section 22 of the HMTUSA by the Alliance for Uniform
				  Hazardous Materials Transportation Procedures (49 USC app 1801-1813 amended by
				  Sec. 20).
(b) The rules in this
				  Subchapter are intended to reflect or complement the procedures as set forth by
				  the Alliance. In the event of conflict, the procedures as set forth by the
				  Alliance will prevail.
(c) Motor
				  vehicles owned and operated by a local, state, or federal government, or any
				  other political subdivision, are not subject to the provisions of this
				  Subchapter.
(d) The Transportation
				  Division may enter into agreements with federal agencies, a national repository
				  or other participating states as necessary to allow the reciprocal registration
				  and permitting of motor carriers transporting hazardous waste. The agreements
				  may include procedures for determining a base state, the collection and
				  distribution of registration fees, dispute resolution, the exchange of
				  information for reporting and enforcement purposes, and other provisions
				  necessary to fully implement, administer and enforce the uniform
				  program.
(e) This Subchapter
				  preempts and supersedes any hazardous waste transportation registration or
				  permitting program administered or enforced by any state agency, city, county,
				  or other political subdivision of the state.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 1 - GENERAL PROVISIONS › Section 165:30-17-2 - Cooperation with other base states

Current through Vol. 41, No. 20, July 1, 2024
The Commission will cooperate with other base states in
					 exchanging information and transmitting funds relating to motor carriers
					 registered and permitted under the Alliance
.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 3 - APPLYING FOR HAZARDOUS WASTE REGISTRATION AND PERMIT › Section 165:30-17-11 - Selection of base state

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  A motor carrier transporting or intending to transport hazardous waste in
				  and/or through a participating state must register and/or permit in a
				  participating state.
(b) If the
				  motor carrier's principal place of business is in a participating state, the
				  motor carrier must use its principal place of business state as its base
				  state.
(c) If the motor carrier's
				  principal place of business is not in a participating state, the motor carrier
				  shall select the participating state in which it operates the most miles (based
				  upon IRP percentages).
(d) A motor
				  carrier's base state may change due to the motor carrier changing its principal
				  place of business or due to the entry of new states into the uniform program.
				  Procedures set forth by the Alliance will be followed as it pertains to the
				  changing of a motor carrier's base state.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 3 - APPLYING FOR HAZARDOUS WASTE REGISTRATION AND PERMIT › Section 165:30-17-13 - Filing of proof of proper liability insurance

Current through Vol. 41, No. 20, July 1, 2024
All motor carriers shall comply with the provisions of
					 165:30-3-11.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 3 - APPLYING FOR HAZARDOUS WASTE REGISTRATION AND PERMIT › Section 165:30-17-14 - Letter of filing

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				  motor carrier may provide a written request for a letter of filing that, if
				  issued, will allow a motor carrier to operate in the base state and reciprocal
				  states for a period of up to 90 days while the motor carrier's application for
				  registration and permit is being processed.
(b) The Commission shall not issue a letter
				  of filing to a motor carrier until the motor carrier has complied with initial
				  requirements of this Subchapter pending staff's review of the motor carrier's
				  safety compliance. The letter of filing may be rescinded if the motor carrier
				  fails to fully comply with all requirements of this Subchapter.
(c) A letter of filing cannot be issued by
				  the Commission to a motor carrier whose principal place of business is located
				  in a reciprocal state or to a motor carrier who is currently registered with a
				  reciprocal state.
(d) A copy of the
				  letter of filing shall be carried in each vehicle transporting hazardous waste
				  operated by the applicant.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 3 - APPLYING FOR HAZARDOUS WASTE REGISTRATION AND PERMIT › Section 165:30-17-15 - Filing fee calculation

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  Part I of the uniform application, (UPW - Part I) requires a processing fee of
				  $50.00 and must be submitted annually for renewal of registration. An amount,
				  as set forth by the Alliance, shall be added to the annual registration
				  processing fee to be collected by the Commission and remitted to the
				  Alliance.
(b) Each motor carrier
				  shall submit with its registration application a double apportioned vehicle
				  waste transporter registration fee which shall be equal to the percentage of
				  Oklahoma transportation (IRP %) multiplied by the total number of vehicles the
				  motor carrier operates, rounded up to the next whole number, multiplied by the
				  percentage of the motor carrier's total hazardous waste activity multiplied by
				  a per-vehicle fee of $100.00.
(c) A
				  motor carrier may use data from its most recently complete fiscal year or the
				  most recent complete calendar year in calculating the percentages required in
				  this Subchapter for transportation conducted during the previous
				  year.
(d) Part II of the uniform
				  application, Permitting, requires a permit review fee of $500.00.
(e) Fee calculation for reciprocal states is
				  found in the Uniform Program Fee Worksheet (Schedules A - D and Summary) of the
				  uniform application.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 3 - APPLYING FOR HAZARDOUS WASTE REGISTRATION AND PERMIT › Section 165:30-17-16 - Ownership of registration and permit

Current through Vol. 41, No. 20, July 1, 2024
Hazardous waste permits shall be considered personal to the
					 holder thereof and shall be issued only to some definite legal entity. The
					 motor carrier may list a single trade name provided the trade name is not a
					 definite legal entity. Permits are not subject to lease, nor shall the holder
					 thereof sublet or permit the exercise, by another.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 5 - CONDUCTING OPERATIONS › Section 165:30-17-31 - Shipping documentation

Current through Vol. 41, No. 20, July 1, 2024
Each shipment shall be accompanied by a uniform hazardous
					 waste manifest as specified in 40 CFR, Part 262 or other manifest as required
					 by the state.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 5 - CONDUCTING OPERATIONS › Section 165:30-17-32 - Markings

Current through Vol. 41, No. 20, July 1, 2024
All motor carriers shall comply with the provisions of
					 165:30-3-17.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 5 - CONDUCTING OPERATIONS › Section 165:30-17-33 - Leasing of equipment

Current through Vol. 41, No. 20, July 1, 2024
All motor carriers engaged in interstate commerce will be
					 required to carry a copy of the lease contract in each and every power
					 unit.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 5 - CONDUCTING OPERATIONS › Section 165:30-17-34 - Name changes

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				  change in legal identity of the holder of a hazardous waste, except as provided
				  in subsections (b), (c) or (d) below, including but not limited to
				  incorporation or dissolution of a corporation, formation or dissolution of a
				  partnership or creation or dissolution of a trust, shall require an original
				  application for a registration and permit.
(b) Incorporation by a sole proprietor in
				  which the sole proprietor is the majority shareholder of the corporation,
				  limited liability corporation or limited liability partnership shall be deemed
				  a name change. Incorporation by a partnership in which the partners are the
				  majority shareholders of the corporation shall be deemed a name
				  change.
(c) A change in legal
				  entity from a corporation, limited liability corporation or a limited liability
				  partnership to a sole proprietorship, a partnership, a limited liability
				  corporation or a limited liability partnership in which the sole proprietor,
				  partners or shareholders hold the majority of all issued and outstanding shares
				  of the corporation shall be deemed a name change.
(d) The merger of two or more corporations in
				  which the survivor is the holder of a current license shall be deemed a name
				  change.
(e) The transfer of stock
				  in a corporation that shall result in any entity controlling fifty one percent
				  (51%) or more of the aggregate number of voting shares of the corporation shall
				  not be deemed a name change.
(f) A
				  request for a name change shall be in writing and shall be accompanied by copy
				  of the Certificate of Incorporation, Amended Certificate of Incorporation or
				  similar documentation (if applicable) and a $50.00 name change filing fee. The
				  request for name change must be signed by the owner (if an individual). If a
				  partnership is adding or removing a partner(s) all partners (whether existing,
				  added or removed) must sign the request and current demographics information
				  must be provided. If a corporation has amended its name, a corporate office
				  must sign the request. If the officers of the corporation have changed, a
				  listing of all officers including the email, mailing and physical addresses of
				  each must additionally be attached to the request.
(g) Proper insurance filings or bonds must be
				  placed on file with this Commission reflecting the new name.
(h) The employment of incorporation, change
				  of name or similar action directly or indirectly as a device to circumvent the
				  rules of this Subchapter is prohibited.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 5 - CONDUCTING OPERATIONS › Section 165:30-17-35 - Address changes

Current through Vol. 41, No. 20, July 1, 2024
A motor carrier shall notify the Commission in writing of
					 any change in the motor carrier's email, mailing or physical address or
					 telephone number.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 7 - VIOLATION, SUSPENSION OR REVOCATION OF A PERMIT › Section 165:30-17-51 - Inspections, reviews and audits

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission will use its enforcement
				  powers to ensure motor carrier compliance with federal safety regulations,
				  state laws and the rules of this Commission.
(b) Authorized employees of the Commission
				  shall perform the following duties:
(1)
				  Physically inspect vehicles, tanks, containers, cargo and/or drivers;
(2) Perform on-site examinations of a motor
				  carrier's operations including physical inspections and review of a motor
				  carrier's operating systems;
(3)
				  Examine a company's records to verify information on which a permit is
				  based;
(4) An in-house review of a
				  motor carrier's records sent by the motor carrier to the Commission;
(5) Inspect vehicles and drivers;
				  and,
(6) Investigate alleged
				  violations triggered by a public inquiry or complaint.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 7 - VIOLATION, SUSPENSION OR REVOCATION OF A PERMIT › Section 165:30-17-52 - Advertising

Current through Vol. 41, No. 20, July 1, 2024
Any person who advertises to perform hazardous waste
					 transportation services for which he does not hold a registration and permit
					 shall be in violation of this Section and subject to the penalties prescribed
					 for contempt of the Commission.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 7 - VIOLATION, SUSPENSION OR REVOCATION OF A PERMIT › Section 165:30-17-53 - Suspension, revocation and denial

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission may suspend or revoke a
				  permit issued under this Subchapter or order the suspension of the
				  transportation of hazardous waste in Oklahoma by a motor carrier who has
				  obtained a permit from another participating state under the uniform program if
				  the Commission determines that a motor carrier has:
(1) Committed a violation of 49 CFR, Parts
				  100 to 180, 382, 383, 387 or 390 to 397, while engaging in hazardous waste
				  transportation if the violation posed an imminent hazard to the public or the
				  environment;
(2) Made a knowing
				  falsification of a material fact in a uniform application;
(3) Received an unsatisfactory safety rating
				  from the Commission or the USDOT;
(4) Failed to maintain proper liability
				  insurance on file;
(5) Failed to
				  comply with requirements identified in this Subchapter;
(6) Exhibited reckless disregard for the
				  public and the environment; or,
(7)
				  Vehicle or driver out-of-service percentages higher than the national
				  average.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 7 - VIOLATION, SUSPENSION OR REVOCATION OF A PERMIT › Section 165:30-17-54 - Reinstatement of a hazardous waste permit

Current through Vol. 41, No. 20, July 1, 2024
If the permit holder believes the Commission has revoked
					 its permit without good cause, the registrant may petition the Commission for
					 relief, as prescribed in the Commission's Rules of Practice, OAC
					 165:5.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 7 - VIOLATION, SUSPENSION OR REVOCATION OF A PERMIT › Section 165:30-17-55 - Violations

Current through Vol. 41, No. 20, July 1, 2024
The Commission may issue an order requiring violations of
					 this Subchapter to be corrected. An order may include a fine of up to a maximum
					 of $500.00 for each violation of this Subchapter identified during a single
					 inspection, investigation, or audit unless a different amount is specified
					 under state or federal guidelines.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 7 - VIOLATION, SUSPENSION OR REVOCATION OF A PERMIT › Section 165:30-17-56 - Contempt complaint

Current through Vol. 41, No. 20, July 1, 2024
In addition to the procedures set forth in state statutes
					 and in the Commission's Rules of Practice, OAC 165:5 regarding the procedure
					 for contempt proceedings, the procedures as set forth in
					 165:30-3-76
					 may be followed for violation of any requirement or provision of law or the
					 rules of this Subchapter.
Added at 18 Ok Reg 23,
					 eff 10-11-00 (emergency); Added at 18 Ok Reg 2384, eff
					 7-1-01
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 17 - Hazardous Waste Transporters › Part 9 - HAZARDOUS WASTE TRANSPORTATION FUND › Section 165:30-17-71 - Creation of the hazardous waste transportation fund

Current through Vol. 41, No. 20, July 1, 2024
Added at 18 Ok Reg 23,
					 eff 10-11-00 through 7-14-01
					 (emergency)1
1This emergency action expired
					 without being superseded by a permanent action. Upon the expiration of an
					 emergency action enacting a new section, the section is no longer effective.
					 Therefore, on 7-15-01 (after the expiration of the emergency action), the text
					 of section 165:30-17-71 was no longer effective. For official text of the
					 emergency rule that was effective from 10-11-00 through 7-14-01, see 18 Ok Reg
					 23.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 19 - Registration Pursuant to the International Registration Plan › Section 165:30-19-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this Subchapter have been promulgated to
				  facilitate the administration, enforcement, and collection of fees under the
				  International Registration Plan (IRP) and Oklahoma Motor Vehicle Licensing and
				  Registration Act (47 O.S. §§
									1101 et
				  seq.).
Transferred from OAC
				  710:60-4-1 by SB 141 (2004), eff 7-1-04 (Editor's Notice published at 21 Ok Reg
				  2927); Amended at 23 Ok Reg 2325, eff 7-1-06
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 19 - Registration Pursuant to the International Registration Plan › Section 165:30-19-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to terms defined in the IRP, the Uniform
				  Operational Audit Procedure Guidelines, and the IRP Policies and Procedures
				  Manual, the following words and terms, when used in this Subchapter, shall have
				  the following meaning, unless the context clearly indicates otherwise:
"Applicant"
means any person making an
				  application with the Oklahoma Corporation Commission seeking to register a
				  vehicle or vehicles pursuant to the IRP.
"Application"
means a filing with the Oklahoma
				  Corporation Commission, seeking to register a vehicle or vehicles with the
				  Commission pursuant to the IRP.
"Apportioned registration"
means the
				  proportional registration of a vehicle pursuant to the terms of the IRP and
				  this Subchapter.
"Carrier"
means a fleet operator which engages
				  in the transportation of passengers or property for compensation or hauls its
				  own commodity.
"Credentials"
means identification plates and
				  cab cards.
"Established account"
means any prorate account
				  for which a properly completed original application has been received by the
				  IFTA/IRP Section and all corresponding and assessed fees have been paid in
				  full.
"Grace period"
means two (2) months following
				  the expiration of the registration year.
"Interstate"
means between or through two (2) or
				  more jurisdictions.
"Intrastate"
means from one (1) point within a
				  jurisdiction to another point within the same jurisdiction.
"New operation"
means a vehicle or fleet of
				  vehicles not previously registered pursuant to the provisions of the IRP. "New
				  operation" does not include an existing fleet that is expanding the number of
				  vehicles or area of operation.
"Operations"
means actual movement of a vehicle.
				  For purposes of this Subchapter, operations may be classified as interstate or
				  a combination of interstate and intrastate.
"Proportional registration"
means registration
				  of an apportionable vehicle pursuant to the terms of the IRP and this
				  Subchapter.
"Records"
means and includes operational
				  records.
"Registration agent"
means a person hired by an
				  applicant or registrant to prepare and/or file applications, supplemental
				  applications, and other documents required for proportional registration in
				  Oklahoma.
"Regular business hours"
means 8:30 a.m. to 4:30
				  p.m. local time.
"Reporting period"
or
"mileage year"
means the period of twelve (12) consecutive months immediately prior to
				  July 1 of the year preceding the year of registration or license.
Transferred from OAC
				  710:60-4-2 by SB 141 (2004), eff 7-1-04 (Editor's Notice published at 21 Ok Reg
				  2927); Amended at 23 Ok Reg 2325, eff 7-1-06; Amended at 25 Ok Reg 1546, eff
				  7-1-08
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 19 - Registration Pursuant to the International Registration Plan › Section 165:30-19-4 - Title requirements and proof of ownership

Current through Vol. 41, No. 20, July 1, 2024
(a) Owners of vehicles registered in Oklahoma
				must possess an Oklahoma title as proof of ownership unless the vehicle has
				been previously registered in another jurisdiction and engaged in interstate
				commerce.
(b) Proof of ownership
				must be submitted for all vehicles being registered through an original or
				supplemental application. Documents necessary to prove ownership include:
(1) A copy of the front and back of the
				Oklahoma title, an Oklahoma title receipt or vehicle registration in the
				owner's name;
(2) If previously
				registered in another jurisdiction and engaged in interstate commerce, a copy
				of another jurisdiction's IRP cab card indicating ownership or a copy of the
				IRP cab card and the front and back of the out of state title;
				and/or,
(3) A lease-purchase
				agreement by which the applicant or registrant, under the terms of the
				agreement, is to become the owner of the vehicle at the end of the lease period
				for nominal or no additional consideration, and the vehicle is currently titled
				in the name of the leasing company and has been registered for interstate
				commerce with another jurisdiction.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 19 - Registration Pursuant to the International Registration Plan › Section 165:30-19-5 - Established place of business

Current through Vol. 41, No. 20, July 1, 2024
(a)
General provisions.
To
				verify an applicant's or registrant's established place of business in
				Oklahoma, the applicant or registrant must provide proof of a physical
				structure, designated by a street number or road location and open during
				regular business hours, which contains within it:
(1) A person or persons conducting the fleet
				applicant's or registrant's business; and
(2) The operational records of the fleet,
				unless such records can be made available in accordance with the provisions of
				Section 1602 of the International Registration Plan.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 19 - Registration Pursuant to the International Registration Plan › Section 165:30-19-6 - Registration as a resident

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Applicants who have no established place of business in any IRP jurisdiction
				may register in Oklahoma once they prove to the satisfaction of the Commission
				that they are residents of the State of Oklahoma. Such applicants may register
				in Oklahoma, provided that they furnish a street address, and a telephone
				number, and satisfactorily demonstrate that the applicant is indeed a resident
				of the State of Oklahoma and can be located in Oklahoma for purposes of audit.
(b) The street address in Oklahoma
				must be the street address where the applicant's records are maintained or
				where the records will be delivered for the purpose of audit. An applicant may
				not utilize the address of a registration agent to satisfy the requirement of
				an address in Oklahoma.
(c) The
				applicant must submit at least three (3) current documents that indicate the
				applicant can be located in Oklahoma for purposes of audit. Documentation
				acceptable for meeting the requirements of this subsection includes:
(1) An Oklahoma-issued driver's license;
(2) An income tax filing from an
				Oklahoma address;
(3) Documentation
				of ownership of real property in Oklahoma;
(4) An Oklahoma utility bill in the name of
				the registrant;
(5) An Oklahoma
				vehicle title in the name of the registrant;
(6) Oklahoma incorporation
				documents;
(7) Documentation
				showing registration to conduct business as a foreign corporation in
				Oklahoma;
(8) Documentation showing
				the principle owner of the corporation is a resident of Oklahoma; or,
(9) Other evidence of bona fide
				residency.