Oklahoma Administrative Code › Title 710 - Oklahoma Tax Commission › Chapter 95 - Miscellaneous Areas of Regulatory and Administrative Authority › Subchapter 5 - Used Tire Recycling › Section 710:95-5-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Automobile"
means every motor vehicle of the
				  type constructed and used for the transportation of ten persons or less,
				  including the driver, or used for the transportation of property. Provided,
				  however, that the automobile's gross vehicle weight rating does not exceed
				  sixteen thousand (16,000) pounds.
"Commission"
means the Oklahoma Tax Commission.
"DEQ"
means the Oklahoma Department of
				  Environmental Quality.
"ODH"
means the Oklahoma Department of Health.
"Reusable tire"
means a tire that has been
				  previously used on a vehicle, not currently mounted on a vehicle, but can be
				  legally placed into service for vehicle use in Oklahoma.
"Semitrailer"
means every vehicle with or
				  without motive power, other than a pole trailer, designed for carrying persons
				  or property and for being drawn by a motor vehicle and so constructed that some
				  part of its weight and that of its load rests upon or is carried by another
				  vehicle. [47 O.S. § 1-162]
"Tire"
means any solid or air-filled covering
				  for vehicle wheels.
"Tire-derived fuel facility"
or
"TDF
				  facility"
means a facility that uses processed tires or whole used tires
				  for energy or fuel recovery.
"Trailer"
means every vehicle with or without
				  motive power, other than a pole trailer, designed for carrying persons or
				  property and for being drawn by a motor vehicle and so constructed that no part
				  of its weight rests upon the towing vehicle, provided however, the definition
				  of trailer herein shall not include implements of husbandry as defined in
				  Section 47-1-125 of Title 47. [47 O.S. § 1-180]
"Used tire"
means an unprocessed whole tire or
				  tire part that can no longer be used for its originally intended purpose but
				  can be beneficially reused as approved by the DEQ. Any used tire collected in
				  accordance with the requirements of the Oklahoma Used Tire Recycling Act is not
				  considered to be discarded. A tire that can be used, reused or legally modified
				  to be reused for its original intended purpose shall not be a used tire.
"Used tire facility"
means any place which is
				  permitted as a solid waste disposal site, in accordance with the Oklahoma Solid
				  Waste Management Act, at which used tires are processed.
"Used tire processing"
means altering the form
				  of whole used tires by shredding, chipping, or other method approved by the
				  department, except baling. [27A O.S. §2-11-401.1]
"Vehicle"
means any device in, upon or by which
				  any person or property is or may be transported or drawn upon a highway,
				  excepting devices used exclusively upon stationary rails or tracks. [47 O.S.
				  § 1-186]. The term
"vehicle"
does not include:
(A) Implements of husbandry which means every device, whether
				  it is self-propelled, designed and adapted so as to be used exclusively for
				  agricultural, horticultural or livestock-raising operations or for lifting or
				  carrying an implement of husbandry and, in either case, not subject to
				  registration if operated upon the highways. [47 O.S. § 1-125]. Examples of
				  implements of husbandry are described in 47 O.S. § 1-125(1)-(3).
(B) Electric personal assistive mobility devices, which means
				  a self-balancing, two nontandem-wheeled device, designed to transport only one
				  person, having an electric propulsion system with an average of seven hundred
				  fifty (750) watts (1 h.p.), and a maximum speed of less than twenty (20) miles
				  per hour on a paved level surface when powered solely by such a propulsion
				  system while ridden by an operator who weighs one hundred seventy (170) pounds.
				  [47 O.S. § 1-114A]
(C) Motorized wheelchairs which means any self-propelled
				  vehicle designed for and used by a person with a disability that is incapable
				  of a speed in excess of eight (8) miles per hour. [47 O.S. §
				  1-136.3]
Added at 13 Ok Reg 3147,
				  eff 7-11-96; Amended at 14 Ok Reg 2007, eff 5-26-97; Amended at 19 Ok Reg 1511,
				  eff 5-25-02; Amended at 23 Ok Reg 2874, eff 6-25-06; Amended at 29 Ok Reg 1478,
				  eff 6-25-12