Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 30 - Motor Carriers, Private Carriers and Transportation Network Companies › Subchapter 1 - General Provisions › Section 165:30-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to terms defined in 47 O.S., Sections 161
				  through 180m et seq., the Oklahoma Transportation Network Company Services Act
				  and the Motor Carrier Act of 1995, the following words or terms, when used in
				  this Chapter, shall have the following meaning unless the context clearly
				  indicates otherwise:
"110% rule"
means the household goods carrier
				  must deliver the shipper's goods once the shipper pays 110% of the estimated or
				  agreed upon charges.
"Alliance"
means the Alliance for Uniform
				  Hazardous Material Transportation Procedures, a confederation of state, local
				  industry and environmental representatives for the purpose of administering and
				  enforcing a uniform hazardous materials transporters program as established by
				  HMTUSA.
"Accessorial services"
means services provided
				  by an intrastate motor carrier of household goods at the request of a shipper
				  that may be in addition to the actual transportation of the household goods.
				  Examples of accessorial services are packing, unpacking, appliance servicing,
				  loading/unloading of large items (such as a piano), climbing/descending stairs,
				  demurrage, etc.
"Audit"
means an examination of records, source
				  documents and any other information supporting a regulated entity's application
				  or return; or a review performed by staff as a result of a complaint or prior
				  enforcement actions taken.
"Authority"
means a general term referring to
				  permission issued by the Commission to a motor carrier to perform operations
				  under the jurisdiction of the Commission. The term authority is not applicable
				  to vehicle registrations, fuel licenses or permits, or TNC permits.
"Base state"
means the state selected by a motor
				  carrier according to the procedures established by a uniform program
"Binding estimate"
means a written agreement
				  made in advance between the intrastate household goods carrier and the shipper
				  which guarantees the total cost of the transportation of the household goods
				  based upon the quantities and services shown on the estimate.
"CFR"
means the Code of Federal
				  Regulations.
"Consignee"
means the person or place shown on
				  the shipping documentation as the location to which a carrier is directed to
				  deliver a shipment.
"Consignor"
means the person who offers goods
				  for shipment.
"Commission"
means the Oklahoma Corporation
				  Commission.
"Corporate family"
means a group of corporations
				  consisting of a parent corporation and all subsidiaries in which the parent
				  corporation owns directly or indirectly one hundred percent (100%)
				  interest.
"Deleterious substance"
means any chemical, salt
				  water, oil field brine, waste oil, waste emulsified oil, basic sediment, mud or
				  injurious substances produced or used in the drilling, development, production,
				  transportation, refining and processing of oil, gas and/or brine mining.
"Environmental restoration"
means restitution
				  for loss, damage, or destruction of natural resources arising out of the
				  accidental discharge, dispersal, release or escape into or upon the land,
				  atmosphere, watercourse, or body of water, of any commodity transported by a
				  motor carrier. This includes the cost of removal and the cost of necessary
				  measures taken to minimize or mitigate damage to human health, the natural
				  environment, fish, shellfish and wildlife.
"Exceeding authority"
means a motor carrier
				  operating outside or beyond the purview of an issued license, certificate,
				  permit, registration or other authority issued by the Commission or a
				  reciprocal state.
"FMCSA"
means the Federal Motor Carrier Safety
				  Administration.
"For-hire motor carrier"
means a person
				  operating upon any public highway engaged in the transportation of property or
				  passengers for compensation or consideration or for commercial purposes.
"Gross Combination Weight Rating" (GCWR)
means
				  the value specified by the manufacturer as the loaded weight of a combination
				  (articulated) vehicle. In the absence of a value specified by the manufacturer,
				  GCWR will be determined by adding the GVWR of the power unit and the total
				  weight of the towed unit and any load thereon.
"Gross Vehicle Weight" (GVW)
means the
				  registered weight of the vehicle or any lawful registered combination weight
				  (Gross Combination Weight or GCW).
"Gross Vehicle Weight Rating" (GVWR)
means the
				  value specified by the manufacturer as the loaded weight of a single vehicle
				  (gross vehicle weight rating) and may include any lawful combination.
"Harvest permit"
means a document issued by the
				  Commission to a motor carrier engaging in the commercial transportation of farm
				  products in a raw state. A harvest permit encompasses vehicle registration,
				  fuel permit and intrastate operating authority requirements of the State of
				  Oklahoma.
"Hazardous waste"
means any material that is
				  subject to the "Hazardous Waste Manifest Requirements" of the United States
				  Environmental Protection Agency specified in Title 40, CFR, Part 262.
"Hazardous waste permit"
means the document
				  issued by a participating state which represents a specific motor carrier's
				  registration to transport hazardous waste in states that participate in the
				  uniform hazardous waste program.
"HMTUSA"
means the Hazardous Materials
				  Transportation Uniform Safety Act of 1990.
"Household goods"
means the used personal
				  effects and property of a dwelling.
"Hunter's permit
or
Unladen permit"
means a permit that provides temporary registration to an apportionable vehicle
				  at the unladen (empty) weight of the vehicle. It is commonly used by a vehicle
				  lessor to move a vehicle, without any load, to another jurisdiction so the
				  lessor can establish a new contractual relationship with a different motor
				  carrier.
"Identification device"
means an annual,
				  fee-paid, nontransferable device issued by the Commission to be carried in each
				  and every vehicle.
"IFTA"
means the International Fuel Tax
				  Agreement. The IFTA is a motor fuel use tax reciprocity agreement between the
				  United States contiguous states and certain Canadian provinces which allows a
				  licensee to report and pay motor fuel use taxes to a base jurisdiction for
				  distribution to other member jurisdictions in which the licensee traveled and
				  incurred motor fuel use tax liability.
"Intercorporate hauling"
means the
				  transportation of property, passengers or household goods by motor vehicle, for
				  compensation, by a carrier which is a member of a corporate family, as defined
				  in this Section, when said transportation for compensation is provided for
				  other members of the corporate family.
"Interstate"
means a shipment having an origin
				  or destination into, out of or through two or more states.
"Intrastate"
means a shipment having an origin
				  and destination wholly within one state.
"IRP"
means the International Registration Plan.
				  . The IRP is a commercial vehicle registration reciprocity agreement between
				  the United States contiguous states and certain Canadian providences which
				  allows a registrant to pay and report commercial vehicle registration fees to a
				  base jurisdiction for distribution to other member jurisdictions in which the
				  registrant travels.
"IVDR"
means an Individual Vehicle Distance
				  Record which is a document where the required operational information, as set
				  forth by IRP and IFTA, can be recorded.
"Letter of filing"
means a document issued by
				  the Commission to a motor carrier as evidence of temporary compliance with the
				  hazardous waste uniform program.
"Motor carrier"
means a for-hire motor carrier
				  or a private motor carrier operating in interstate or intrastate
				  commerce.
"Motor License Agent (MLA)"
means any person
				  meeting the requirements for appointment as a motor license agent pursuant to
				  47 O.S. § 1140 and authorized by the Oklahoma Corporation Commission to
				  process vehicle registrations, collect associated fees and issue credentials
				  pursuant to the IRP and the Oklahoma Vehicle License and Registration Act (47
				  O.S. Chapter 74).
"NAIC"
means the National Association of
				  Insurance Commissions.
"Non-binding estimate"
means the estimated total
				  cost to transport household goods intrastate based upon the weight of the
				  shipment, volume of the shipment, amount of time to perform the movement and/or
				  any accessorial services requested.
"OTNCS Act"
means the Oklahoma Transportation
				  Network Company Services Act, 47 O.S. §
									1010 et
				  seq.
"Participating state"
means a state electing to
				  participate in a uniform program by entering into a base state
				  agreement.
"PIN"
means personal identification
				  number.
"Principal place of business"
means a single
				  location that serves as the motor carrier's headquarters and where it maintains
				  or can make available its operational records.
"Private motor carrier"
means a person who
				  operates a commercial motor vehicle and is not a for-hire motor carrier.
"Process agent"
means a representative upon whom
				  court papers may be served in any proceeding brought against a motor carrier,
				  broker, or freight forwarder.
"Registration"
means the identification of
				  hazardous waste transporters through a national base state system.
"Reciprocal state"
means a jurisdiction with
				  which the Commission has entered into a reciprocal agreement regarding the
				  uniform registration, licensing or permitting of motor carriers.
"Shipper"
means a person authorized to tender a
				  shipment to a carrier and may include, but is not limited to, a consignor,
				  consignee or beneficial owner of the shipment.
"TNC"
means a Transportation Network
				  Company.
"Trip permit"
means a temporary authorization
				  issued by the Commission granting permission to conduct operations as a motor
				  carrier in intrastate and/or interstate commerce.
"Truck yard pit"
means any pit used to store or
				  catch fluids or wash fluids in a truck terminal or maintenance facility as the
				  result of transportation related activities.
"UCR"
means Unified Carrier Registration.
"Uniform application"
means a uniform motor
				  carrier registration, licensing or permit application form established under a
				  uniform program.
"Uniform program"
means any law, rule, policy,
				  practice and/or all combinations thereof which pertain to the regulation of
				  motor carriers by motor vehicle operating in interstate or intrastate commerce
				  over the highways of Oklahoma and is recognized, adopted and enforced or
				  administered by the Transportation Division only when in concert and reciprocal
				  with one or more states which adopt, recognize, administer and enforce the
				  exact same rule, law, policy, practice and/or all combinations thereof.
"Unprocessed agricultural commodities"
means all
				  products raised or produced by tillage and cultivation of the soil, pasture
				  grasses, orchard products, trees in their raw state and products produced by
				  livestock (such as milk, wool, eggs, honey and manure). The term also includes
				  those products embraced within the above definition which have been processed
				  for purposes of handling, storage, preservation or transportation (such as
				  washing, cleaning, wrapping, packaging, boxing, baling, trimming, drying,
				  sorting, sizing, grading, cooling, spraying and fumigating). The term does not
				  include those products embraced within the above definition which, as a result
				  of some treatment or processing, have been so changed that they are no longer
				  in their natural or raw state, but possess new forms, qualities, or properties
				  or result in combinations.
"USDOT"
means the United States Department of
				  Transportation.
Amended at 10 Ok Reg
				  4447, eff 1-1-94 (emergency); Amended at 10 Ok Reg 4497, eff 1-1-94
				  (emergency); Amended at 11 Ok Reg 3727, eff 7-11-94; Amended at 11 Ok Reg 3735,
				  eff 7-11-94; Amended at 12 Ok Reg 1005, eff 1-1-95 (emergency); Amended at 12
				  Ok Reg 2077, eff 7-1-95; Amended at 13 Ok Reg 247, eff 11-1-95 (emergency);
				  Amended at 13 Ok Reg 2419, eff 7-1-96; Amended at 14 Ok Reg 1251, eff 5-12-97;
				  Amended at 14 Ok Reg 2539, eff 7-1-97; Amended at 15 Ok Reg 3041, eff 7-15-98;
				  Amended at 18 Ok Reg 23, eff 10-11-00 (emergency); Amended at 18 Ok Reg 2384,
				  eff 7-1-01; Amended at 23 Ok Reg 2325, eff 7-1-06; Amended at 24 Ok Reg 1814,
				  eff 7-1-07; Amended at 25 Ok Reg 1546, eff 7-1-08; Amended at 27 Ok Reg 1773,
				  eff 7-1-10