reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 1 - Railroad Program › Section 730:40-1-2 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The policies of this Chapter are promulgated in accordance
				  with:
(1) The provisions of the
				Oklahoma Railroad Revitalization Act, Title 66, Oklahoma Statutes, Section
				302.1 et
				seq. (the Act) and any amendments thereto.
(2) The findings of the Oklahoma Supreme
				Court in Application of State ex rel Department of Transportation, 646 P.2d 605
				(1982), regarding the constitutionality of the Oklahoma Railroad Revitalization
				Act and certain programs of assistance to railroads contemplated
				thereunder.
(3) The provisions of
				Attorney General Opinion Number 79-299 as modified by the previously cited
				Supreme Court decision.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 1 - Railroad Program › Section 730:40-1-3 - Administration

Current through Vol. 41, No. 20, July 1, 2024
Responsibility for administration of the State Rail Program
				  of this Chapter is hereby vested in the office of the Deputy Director and the
				  Office of Rail Programs; however, the Commission acknowledges the necessity for
				  support of the program by all central office and field divisions in the
				  performance of the Department's duties and responsibilities under the Act and
				  this Chapter.
Amended at 16 Ok Reg
				  2033, eff 6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 1 - Railroad Program › Section 730:40-1-4 - Use of funds

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department is authorized to expend any unobligated funds accumulated in the
				Oklahoma Railroad Maintenance Revolving Fund, any available federal grants,
				public or private donations or legislative appropriations for non-highway
				purposes in furtherance of its duties and responsibilities under the Act. With
				certain exceptions, the Department is expressly prohibited from expending
				highway user tax revenues or legislative appropriations for highway purposes in
				furtherance of the State Rail Program. Exceptions to the prohibition are the
				Highway-Railway Grade Crossing Safety Programs and those funds which have been
				expressly designated for:
(1) Regularly
				scheduled passenger rail operations, and
(2) Inclusion in an Industrial Development
				project.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 1 - Railroad Program › Section 730:40-1-5 - Eligible projects

Current through Vol. 41, No. 20, July 1, 2024
(a)
Acquisition of rail lines and properties.
The Department may
				acquire by purchase, donation or exercise of the right of Eminent Domain such
				rail lines and collateral properties:
(1) Upon
				which rail service has been abandoned or is in imminent danger of abandonment
				or which are necessary to assure continued, justifiable and economically
				feasible rail operations or to insure or enhance the economic feasibility of
				such operations on state-owned rail properties; or
(2) Upon which no rail service is to be
				provided immediately but which constitute a link in an otherwise operable
				system of rail lines, the eventual operation of which is vital to the economic
				prosperity of the state.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 1 - Railroad Program › Section 730:40-1-6 - Operation of railroads

Current through Vol. 41, No. 20, July 1, 2024
(a)
By state.
Although the Department is authorized by the Act to
				conduct rail operations as an operating railroad, the Commission is of the
				opinion that the day-to-day provision of rail services can best be performed by
				private enterprise. It is the intent of the Commission that lines of railroad
				acquired by the Department be operated by private carrier and, where feasible,
				returned to the private sector and reinstated to the ad valorem tax rolls at
				the earliest practical time after resumption of economical and continuing rail
				service.
(b)
By Private
				railroad company.
The Department may enter into lease or lease-purchase
				agreements with common carriers by rail to manage and operate all or any
				portion of any rail line owned by the Department. Such agreements shall require
				that the rail carrier properly maintain the rail, bridges, track structure and
				rights-of-way; indemnify and hold the Department harmless from claims or
				damages arising out of said carrier's performance and shall further require the
				carrier to acquire and maintain in force adequate insurance for that purpose.
				Such insurance shall name the Department as an additional insured.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 1 - Railroad Program › Section 730:40-1-7 - Disposition of railroad properties

Current through Vol. 41, No. 20, July 1, 2024
Subject to Transportation Commission approval, the Department
				  may enter directly into agreements with the owners of operating railroads or
				  persons intending to operate as common carriers by rail to sell outright or to
				  sell by lease-purchase agreement any state-owned rail property on such terms
				  and conditions as best serve the public interest. The Department may also
				  dismantle state owned rail lines as provided for in
				  730:40-1-5(e).
				  Surplus real property owned in fee by the Department in association with the
				  State Rail Program may be disposed of as provided by law.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 1 - Railroad Program › Section 730:40-1-8 - Land leases

Current through Vol. 41, No. 20, July 1, 2024
The Department may lease parcels of railroad rights-of-way
				  and/or trackage to persons, firms or corporations, provided such leases do not
				  interfere with the provision of rail freight service. The terms and conditions
				  of all such leases shall be fair and equitable and the lease price shall be
				  based upon a reasonable percentage of the fair market value of the leased
				  property. Land lease agreements shall provide for termination of the lease
				  should it become necessary to utilize the leased property for railroad
				  purposes. Land lease agreements may be marketed, managed, and administered by
				  the Department or, in the alternative, the marketing, management, and
				  administration may be performed by the Department's rail service operator
				  pursuant to the provisions of said operator's track lease and operating
				  agreement with the Department.
Amended at 16 Ok Reg
				  2033, eff 6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 1 - Railroad Program › Section 730:40-1-9 - Easements and licenses

Current through Vol. 41, No. 20, July 1, 2024
Easements and licenses for public or private utilities and
				  other facilities to be located along or across state-owned railroad properties
				  may be granted by the Department provided their installation and maintenance do
				  not unreasonably interfere with use of the property as a railroad. Easements
				  and licenses may be marketed, managed, and administered by the Department or,
				  in the alternative, such marketing, management, and administration may be
				  performed by the Department's rail service operator pursuant to the provisions
				  of said operator's track lease and operating agreement with the Department;
				  provided, however, the Department shall retain in any such track lease and
				  operating agreement the exclusive right to grant public road and highway
				  crossings.
Amended at 16 Ok Reg
				  2033, eff 6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 1 - Railroad Program › Section 730:40-1-10 - Income

Current through Vol. 41, No. 20, July 1, 2024
All income to the State Rail Program, including but not
				  limited to the revenues generated by the Oklahoma Rail Freight Car Tax under
				  provisions of 68 O.S. 1981, Section 2201 et seq., federal fund reimbursements,
				  federal grants, contributions by any state or agency thereof, private donations
				  and the proceeds from any use or sale of state-owned rail properties, shall be
				  deposited in the Oklahoma Railroad Maintenance Revolving Fund and shall be
				  expended only for the purposes permitted by the Act and this
				  Chapter.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 1 - Railroad Program › Section 730:40-1-11 - Railroad-highway grade crossings

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Although rail-highway crossing construction, maintenance, and repair are, in
				general, the responsibility of the operating railroad, the Department
				nevertheless has a primary responsibility for providing a system of safe and
				efficient state highways for the traveling public. That responsibility mandates
				coordination and cooperation between the Department and the operating railroads
				with regard to rail-highway crossings.
(b) The Office of Rail Program under the
				authority of the Deputy Director is authorized to request assistance from the
				Field Division Engineers in carrying out cooperative efforts between the
				Department and operating railroads with regard to rail-highway crossing
				improvements. Field Division Engineers are authorized to respond in such
				cooperative efforts and to provide such services and exercise such control as
				they deem necessary and in the interest of the traveling public.
Amended at 16 Ok Reg
				  2033, eff 6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 1 - Railroad Program › Section 730:40-1-12 - Acquisitions, mergers and abandonments by private railroad companies

Current through Vol. 41, No. 20, July 1, 2024
The Department shall maintain a continuing review of the
				  status and condition of the railroad network in this state. In that regard, the
				  Department shall coordinate with private railroad companies in rail system
				  rationalization projects, rail line abandonments, mergers of two or more
				  railroad companies, acquisition of one company by another, or acquisition of an
				  operating railroad by a non-carrier entity. Although the Oklahoma Corporation
				  Commission is the state agency authorized by state law to represent the State
				  of Oklahoma in railroad and rail related proceedings before the Interstate
				  Commerce Commission, the Department shall cooperate with the Corporation
				  Commission and its staff, including the provision of such data, information or
				  advice as that Commission may request, in the interest of maintaining an
				  adequate and efficient rail system throughout this State.
Amended at 16 Ok Reg
				  2033, eff 6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 3 - Railroad Rehabilitation Act Loan Program › Section 730:40-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The Railroad Rehabilitation Act was enacted to provide loans
				  from the Oklahoma Railroad Maintenance Revolving Fund to qualified railroad
				  entities for the purpose of financing the rehabilitation of railroad
				  properties.
Added at 20 Ok Reg 248,
				  eff 10-29-02 (emergency); Added at 20 Ok Reg 1814, eff
				  6-12-03
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 3 - Railroad Rehabilitation Act Loan Program › Section 730:40-3-2 - Authority

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to the provisions contained in Title 66 of the
				  Oklahoma Statutes, Section
				  309.1,
				  known and cited as the Railroad Rehabilitation Act which grants authority for
				  the Department of Transportation to provide direct loans to qualified private
				  railroad entities for the purpose of financing the rehabilitation of railroad
				  properties and mandates the adoption of rules to effectuate this
				  program.
Added at 20 Ok Reg 248,
				  eff 10-29-02 (emergency); Added at 20 Ok Reg 1814, eff
				  6-12-03
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 3 - Railroad Rehabilitation Act Loan Program › Section 730:40-3-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms used in this Chapter shall have
				  the following meaning, unless the context clearly indicates otherwise:
"Qualified railroad entity"
means any certified
				  freight railroad regulated by the United States Surface Transportation Board;
				  and
"Rehabilitation"
means the replacement of
				  antiquated rail; replacement or reconstruction of deteriorating road beds with
				  adequate rail, ties and ballast; reconstruction of sidings and industrial
				  leads; and bridge replacement or reconstruction.
Added at 20 Ok Reg 248,
				  eff 10-29-02 (emergency); Added at 20 Ok Reg 1814, eff
				  6-12-03
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 3 - Railroad Rehabilitation Act Loan Program › Section 730:40-3-4 - Requirements and criteria

Current through Vol. 41, No. 20, July 1, 2024
The Department shall develop an application form which shall
				  be made available to all qualified railroad entities. The initial loan
				  application period will be from November 1, 2002 to December 31, 2002.
				  Thereafter, the loan application period will be from January 1 to March 1 for
				  each following state fiscal year beginning July 1, 2003. The application period
				  may be waived by the Department of Transportation (Department) if sufficient
				  unobligated funds are not available for the program. If the Director declares
				  that a transportation emergency has occurred, a loan application(s) outside the
				  annual application period may be submitted to the Department for consideration
				  by the Oklahoma Transportation Commission. Applications submitted during the
				  designated period shall be evaluated based on the following criteria:
(1) The ratio of benefits to costs for any
				project funded by such loan shall be greater than one. The benefit/cost
				methodology to be used for this determination shall be the most recent standard
				benefit/cost methodology approved by the Federal Railroad Administration of the
				United States Department of Transportation;
(2) The qualified entity shall demonstrate
				that it is financially sound and capable of fulfilling all obligations created
				by the proposed loan guarantee agreement; and
(3) The qualified railroad entity shall
				demonstrate that adequate funding for the proposed project is not otherwise
				available at terms that would make the proposed project financially
				feasible.
(4) Projects that are
				determined to be the most critical shall take precedence.
(5) The length of the loan repayment schedule
				shall be a major consideration in determining the viability of the loan
				application.
(6) Privately owned
				rail facility rehabilitation projects shall take precedence.
(7) Projects with the earliest start and
				completion dates shall be given major consideration in determining the
				viability of the loan application.
Added at 20 Ok Reg 248,
				  eff 10-29-02 (emergency); Added at 20 Ok Reg 1814, eff
				  6-12-03
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 3 - Railroad Rehabilitation Act Loan Program › Section 730:40-3-5 - Procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Applications
				will be submitted to the Railroad Programs Division of the
				Department.
(b) The Director shall
				establish an application review process in conformance with the criteria
				established by the Oklahoma Transportation Commission. Loan eligibility will be
				determined within sixty (60) days of the close of the application
				period.
Added at 20 Ok Reg 248,
				  eff 10-29-02 (emergency); Added at 20 Ok Reg 1814, eff
				  6-12-03
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 3 - Railroad Rehabilitation Act Loan Program › Section 730:40-3-6 - Terms

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				may choose one or more applications to present before the Transportation
				Commission for loan approval. The Commission shall have final authority on
				which, if any, applications will be approved.
(b) The loan interest rate shall be five
				percent (5%) for loans approved by the Commission during the calendar years of
				2002-2003. The Commission shall establish an annual interest rate for the year
				2004 and subsequent years no later than November 15, prior to each calendar
				year in which loan applications will be considered. Loans will not exceed Five
				Hundred Thousand Dollars ($500,000.00) for a duration not to exceed ten (10)
				years. The loan portion of the agreement will include a promissory note and
				lien and/or mortgage. All loan applications are subject to the approval of the
				Transportation Commission.
(c) No
				more than fifty percent (50%) of the unobligated cash balance of the Oklahoma
				Railroad Maintenance Revolving Fund (Fund) for any one (1) year may be
				encumbered for Railroad Rehabilitation loans and the aggregate amount of all
				loans from the Fund shall not exceed Five Million Dollars ($5,000,000.00). When
				these limitations have been reached, the application process will be
				suspended.
(d) Loan proceeds will
				be applied by the qualified railroad entity only to the improvements and
				rehabilitation described in the loan application. The Department may request an
				audit of records and inspection of the physical location of the rehabilitation
				project at the expense of the qualified railroad entity.
(e) An agreement between the Department and
				the qualified railroad entity shall include, but not be limited to, specifying
				that loan payments will be submitted monthly with a construction report for the
				duration of the rehabilitation project. All monies submitted for repayment made
				through the Railroad Loan program will be deposited back into the
				Fund.
Added at 20 Ok Reg 248,
				  eff 10-29-02 (emergency); Added at 20 Ok Reg 1814, eff
				  6-12-03
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 5 - Railroad Modernization Program › Section 730:40-5-1 - Purpose and authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of the Railroad Modernization Act is to
				permit verification of eligible taxpayer's qualified railroad reconstruction or
				replacement expenditures for the purpose of claiming credit for the tax imposed
				by 68 O.S. Section
				2355.
(b)
Authority.
Pursuant to the
				provisions contained in 68 O.S. Section
				2357.103,
				known and cited as the Railroad Modernization Act, the Department of
				Transportation is required to provide verification of eligibility of a
				taxpayer's expenditures for the purpose of claiming the credit. The Act directs
				that the approval of qualified railroad reconstruction or replacement
				expenditures be made prior to commencement of a project and to provide a
				certificate of verification upon completion of a project for such
				expenditures.
Added at 23 Ok Reg 429,
				  eff 11-16-05 (emergency); Added at 23 Ok Reg 2879, eff
				  6-25-06
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 5 - Railroad Modernization Program › Section 730:40-5-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms used in this Chapter shall have
				  the following meaning, unless the context clearly indicates otherwise:
"Class II and Class III railroad"
means a
				  railroad that is classified by the United States Surface Transportation Board
				  as a Class II or Class III railroad;
"Eligible taxpayer"
means any Class II or Class
				  III railroad; and
"Qualified railroad reconstruction or replacement
				  expenditures"
mean expenditures for:
(A) reconstruction or replacement of railroad infrastructure
				  including track roadbed, bridges industrial leads and track-related structures
				  owned or leased by a Class II or Class III railroads as of January 1, 2006
				  or
(B) new construction of industrial leads, switches, spurs and
				  sidings and extensions of existing sidings by Class II or Class III
				  railroad.
Added at 23 Ok Reg 429,
				  eff 11-16-05 (emergency); Added at 23 Ok Reg 2879, eff
				  6-25-06
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 5 - Railroad Modernization Program › Section 730:40-5-3 - Requirements and criteria

Current through Vol. 41, No. 20, July 1, 2024
The Department shall develop a certification of verification
				  that shall satisfy all requirements of the Tax Commission pertaining to the
				  eligibility of the person claiming the credit.
(1) Cross tie project applications shall be
				for a ratio equivalent to a minimum of 500 ties per track mile. Qualified
				expenditures for a cross tie project shall include but not be limited to items
				such as engineering costs, materials, labor, equipment and freight.
(2) Bridge project applications shall
				identify improvements that qualify the bridge for a minimum 286,000 pound
				rating. Applications shall also include a Professional Engineers report which
				has been stamped to validate the structural integrity of the improvement to be
				made. Qualified expenditures for a bridge project shall include but not be
				limited to items such as engineering costs, bridge materials, labor, equipment
				and freight.
(3) Replacement of a
				bridge structure with a culvert will require plans certified by a Professional
				Engineer. The plans are to be filed with the application identifying the
				specifications that must be met to accommodate a 286,000 pound rating and that
				proper hydraulic specifications have been maintained.
(4) Rail replacement projects for a main line
				track shall have a minimum rail weight of 110 pounds per foot and new ties. All
				replacement rail must be classified as New Rail, Number 1 Rail or Number 2 Rail
				relay rail. A siding or industrial lead project may use Number 1 relay
				ties.
(5) Maintenance means: Track
				Maintenance project will consist of expenditures incurred by the railroad in
				the normal course of day to day operations of the railroad. Qualified
				expenditures shall include inspections, tie and rail replacement not covered in
				paragraph (1) and (4), bridges, mowing, spraying and all other material, labor,
				equipment and freight required to keep the railroad operational.
(6) Crossings: eligible crossing projects
				will consist of expenditures incurred by the railroad at the intersection of
				any railroad to roadway, public or private. Qualified expenditures shall
				include but not limited to items such as engineering costs, materials, labor,
				equipment and freight.
(7) Natural
				disasters: eligible natural disasters projects will consist of expenditures
				incurred by the railroad because of the natural disaster. Qualified projects
				shall have been caused by floods, fire, tornados, earthquakes or other acts of
				God or when a local, state or national emergency declaration is made in the
				area the railroad operates in. Qualified expenditures shall include but not
				limited to items such as engineering costs, material, labor, equipment and
				freight.
Added at 23 Ok Reg 429,
				  eff 11-16-05 (emergency); Added at 23 Ok Reg 2879, eff
				  6-25-06
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 40 - Railroads › Subchapter 5 - Railroad Modernization Program › Section 730:40-5-4 - Railroad modernization program applications

Current through Vol. 41, No. 20, July 1, 2024
Detailed information concerning application for this program
				  may be obtained from the Rail Division of the Oklahoma Department of
				  Transportation. Completed application packages shall be submitted to the Rail
				  Division.
Added at 23 Ok Reg 429,
				  eff 11-16-05 (emergency); Added at 23 Ok Reg 2879, eff
				  6-25-06
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 45 - Public Transporation Project Development Assistance › Section 730:45-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
It is the purpose of this Chapter to establish policies
				enabling the Department to develop, review and monitor both local and statewide
				passenger transportation services which are available to the public, such as
				passenger rail service, inter-city and intra-city bus service, special
				transportation services (such as demand responsive mini-buses), and similar
				services. These policies also provide for the Department to actively pursue
				federal and state funds for the development and maintenance of public
				transportation services, and to administer and grant these funds to eligible
				local transit operators throughout the State.
Amended at 12 Ok Reg 1839,
				eff 6-12-95; Amended at 16 Ok Reg 2035, eff
				6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 45 - Public Transporation Project Development Assistance › Section 730:45-1-2 - Authority

Current through Vol. 41, No. 20, July 1, 2024
These policies are promulgated in accordance with the
				provisions of 69 O.S. §§ 4002 and 4005. The Department is the
				Governor's designee to apply for, receive and administer federal public
				transportation financial assistance programs. These federal programs shall
				include, but not limited to, capital grants, metropolitan and state planning
				funds, and urbanized and non-urbanized formula grants for areas fewer than
				200,000 population. The Governor's delegation of authority shall not apply to
				the federal apportionments under the Urbanized Area Formula Program for the
				cities of Lawton and Norman, Oklahoma. The designee for these annual
				apportionments shall be the Lawton Transit Trust and the City of Norman ,
				respectively. With these exceptions only, this designation shall include all
				Federal funding provided by the Transportation Equity Act for the 21 
				st Century (TEA-21) and any Federal
				legislation supplementing or supplanting TEA-21. The Department is also
				responsible for the administration of the funds appropriated to the State's
				Public Transit Revolving Fund.
Amended at 12 Ok Reg 1839,
				eff 6-12-95; Amended at 16 Ok Reg 2035, eff 6-11-99; Amended at 21 Ok Reg 1837,
				eff 6-11-04
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 45 - Public Transporation Project Development Assistance › Section 730:45-1-3 - Administration

Current through Vol. 41, No. 20, July 1, 2024
Responsibility for administering these financial assistance
				programs is hereby vested in the Office of Mobility and Public Transit and in
				the office of the Deputy Director. Expenditures of both federal and state funds
				will be made in accordance with the State Management Plans developed by the
				Office of Mobility and Public Transit.
Amended at 12 Ok Reg 1839,
				eff 6-12-95; Amended at 16 Ok Reg 2035, eff
				6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 45 - Public Transporation Project Development Assistance › Section 730:45-1-4 - Use of funds

Current through Vol. 41, No. 20, July 1, 2024
The Department is hereby authorized to expend any available
				federal grants and state funds in strict accordance with applicable federal and
				state laws, rules and regulations, and to expend legislative appropriations for
				non-highway purposes to lawfully assist in the development, administration and
				operation of local and statewide public transportation services, including but
				not limited to publicly and privately owned inter-city and intra-city bus
				services, passenger rail services, and para-transit services. The Department is
				also authorized to expend the aforementioned funds to provide direct public
				transportation technical assistance, to compile and disseminate relevant
				transit information including but not limited to inventories of existing
				transit equipment, facilities and services, statistics on systems' operations,
				information on technical innovations, legislatively enacted programs, and
				alternative solutions to statewide transit issues.
Added at 12 Ok Reg 1839,
				eff 6-12-95; Amended at 16 Ok Reg 2035, eff
				6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 45 - Public Transporation Project Development Assistance › Section 730:45-1-5 - Eligible projects

Current through Vol. 41, No. 20, July 1, 2024
The Department may, using federal grants and/or state
				legislative appropriations for non-highway purpose transportation services,
				participate in the following:
(1)
			 Department administration and technical assistance - Administer financial
			 assistance programs for public transportation services and provide technical
			 assistance to local transit operators. Such technical assistance may include
			 project planning, program development of vehicle and equipment specifications,
			 management development, coordination of public transportation programs (public
			 and private) and such research as the Department may deem appropriate to
			 promote effective means of delivering public transportation services.
(2) Capital expenses - The acquisition,
			 construction and improvement of public transit facilities and equipment as may
			 be deemed appropriate for an efficient and coordinated public transportation
			 system.
(3) Project administrative
			 expenses - The payment of eligible project administrative expenses incurred by
			 a local public transportation provider. These costs may include, but are not
			 limited to, general administrative and overhead costs, supplies, facilities
			 rental and insurance.
(4) Operating
			 expenses - The payment of eligible operating expenses which directly relate to
			 a public transportation system's operations.
Added at 12 Ok Reg 1839,
				eff 6-12-95; Amended at 16 Ok Reg 2035, eff
				6-11-99
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 1 - General Provisions › Section 730:50-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department
				of Transportation issues permits for oversize, overweight vehicles. The purpose
				of this chapter is to set forth the guidelines and procedures for obtaining
				size and weight permits. Through the process of granting oversize and
				overweight vehicle permits, it is the intent of the Oklahoma Transportation
				Department to ensure, to the greatest extent possible, that the traveling
				public is protected from potential traffic hazards and the public interest and
				investment in state owned transportation facilities are protected through
				meaningful control of vehicle sizes and weights exceeding statutory limitations
				while providing adequate eligibility to permit, where in the public interest,
				the non-routine movements of oversize and/or overweight vehicles.
(b) For purposes of this chapter, the term
				"oversize, overweight" shall mean oversize or overweight or both oversize and
				overweight.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 1 - General Provisions › Section 730:50-1-2 - Applicability; adoption by reference

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Permits authorizing the movement of oversize, overweight vehicles upon all
				public-roads and highways within the State of Oklahoma are issued in harmony
				with the Size, Weight and Load laws contained in Title 47, Oklahoma Statutes,
				Chapter 14, and the rules in this Chapter.
(b) This Chapter shall apply to all public
				roads and highways of this state which are subject to the permit provisions of
				the Oklahoma Statutes, and which direct the Executive Director of the
				Department of Transportation in the issuance of such permits. The provisions of
				this Chapter pertain to all routes of the State Highway System including,
				without limitation, the Dwight D. Eisenhower National System of Interstate and
				Defense Highways and all toll facilities (turnpikes) carrying an Interstate
				Highway, US Highway or State Highway designation, and such other roads,
				streets, or public ways as the Director of the Department of Transportation
				shall deem appropriate.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 1 - General Provisions › Section 730:50-1-3 - Permit parameters

Current through Vol. 41, No. 20, July 1, 2024
A permit, when issued by the Executive Director of the
				  Department of Transportation in accordance with the laws of the State of
				  Oklahoma and provisions of this Chapter shall, subject to the conditions and
				  restrictions of the law and these rules, constitute the limited written
				  permission of the State of Oklahoma for the movement of a specific vehicle
				  and/or load within the State which exceeds any size or weight limitations of
				  Title 47 O.S. 2021, Chapter 14 and any lawful amendments thereto, or, with
				  regard to the Dwight D. Eisenhower National System of Interstate and Defense
				  Highways, exceeds any of the provisions of Title
				  23 U.S.C., Section
				  127 or associated federal
				  regulations.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 3 - Size and Weight Permit Definitions, Application Process and Liabilities › Section 730:503-1 - When a permit is required

Current through Vol. 41, No. 20, July 1, 2024
A permit is required when a vehicle or load which exceeds
				  legal size or weight limits, or both, is to be moved upon the roads and
				  highways of this state. [47 O.S. §14-101
et
				  seq
.]
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 3 - Size and Weight Permit Definitions, Application Process and Liabilities › Section 730:50-3-2 - A permit is a legal document, permit types

Current through Vol. 41, No. 20, July 1, 2024
(a)
Permit defined.
A permit is a legal document authorizing the
				permittee to move a vehicle or load, which is oversize, overweight, or both,
				upon the public roads and highways of this state when the route constitutes the
				safest practical routing. A permit, subject to the conditions and restrictions
				of the law and these rules, constitutes the limited written permission of the
				State of Oklahoma for the movement of a specific vehicle and/or load which
				exceeds any size or weight limitations of Title 47 O.S. 2021, Chapter 14 and
				any lawful amendments thereto, or, with regard to the Dwight D. Eisenhower
				National System of Interstate and Defense Highways, exceeds any of the
				provisions of Title 23
				U.S.C., Section 127 or associated federal
				regulation. The permit shall be carried in the driver's possession and consist
				of:
(1) the information furnished by the
				applicant contained in the permit,
(2) the conditions and restrictions stated in
				the permit, and
(3) the applicable
				provisions of this Chapter, Oklahoma law, or any combination of
				provisions.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 3 - Size and Weight Permit Definitions, Application Process and Liabilities › Section 730:50-3-3 - Requesting, obtaining, and paying for a permit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requesting and obtaining a
				permit.
A permit shall be applied for and obtained from the Size and
				Weight Permit Division of the Department of Transportation, by contacting a
				permit office either in person, by telephone, or from the Department of
				Transportation website. A permit for movement of a manufactured home shall be
				applied for and obtained in accordance with 68 O.S.§2813 and 47 O.S.
				§14-103D. The permit office shall make a determination as to whether the
				permit can be issued based upon the size of load, weight of load, the route to
				be traveled, the clearance of overhead structures, weather conditions, and
				traffic conditions.
(b)
In-person permit application.
All permit offices are open Monday
				through Friday, except on state holidays. Location and office hours of permit
				offices are.:
(1) Oklahoma City (main
				office), 200 N.E. 21 st Street, Oklahoma City, OK 73105 Office hours: 8:00 a.m.
				to 12:00 p.m. (noon) and 1:00 p.m. to 4:00 p.m.
(2) Offices at Oklahoma Highway Patrol
				district headquarters:
(A) Enid, 5725 West
				Garriott Road. Office hours: 8:00 a.m. to 12:00 p.m. (noon) and 1:00 p.m. to
				4.00 p.m.
(B) Tulsa, 9191 East
				Skelly Drive. Office hours: 8:00 a.m. to 12:00 p.m. (noon) and 1:00 p.m. to
				4:00 p.m.
(3) Field
				Offices:
(A) Elk City, Merritt Road at the
				west junction of U.S. Highway 66 and State Highway 6. Office hours: 8:00 a.m.
				to 12:00 p.m. (noon), and 1:00 p.m. to 4:00 p.m.
(B) Woodward, 2411 Williams Ave. Suite 112A.
				Office hours: 8:00 a.m. to 12:0 p.m. (noon), and 1:00 p.m. to 4:00
				p.m.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 3 - Size and Weight Permit Definitions, Application Process and Liabilities › Section 730:50-3-4 - Establishing a monthly billing account

Current through Vol. 41, No. 20, July 1, 2024
The Size and Weight Permit Division may authorize monthly
				  billing accounts for individuals, companies, and corporations to defer payment
				  of special permits issued for oversize and overweight vehicles. A monthly
				  billing account will be established in accordance with the following
				  provisions:
(1)
Posting of
				bond.
(A) A bond must be posted in an
				amount sufficient to cover the monthly billing. The minimum amount of such bond
				shall be Five Thousand Dollars ($5,000.00).
(B) The bonding company must be approved by
				the Oklahoma Insurance Commissioner to do business in Oklahoma and maintain
				such approval during the term of the bond.
(C) The bond must be on a form prepared by
				the Department of Transportation. The completed original form must be submitted
				to the Department of Transportation for final approval. The form may be
				obtained by contacting the Size and Weight Permit Division of the Department of
				Transportation.
(D) The surety
				company must notify the Department of Transportation by written notice a
				minimum of thirty (30) days prior to cancellation or reduction of the amount of
				coverage and state the effective date of the change in coverage. The surety
				company shall send the notice by certified mail to the Size and Weight Permit
				Division.
(E) It is the
				responsibility of the company holding the bond to give the monthly billing
				account number only to persons qualified to use the account. Establishing an
				account implies full agreement to the terms of the account and any related
				activities thereof. Sharing your password with anyone, is a violation of our
				agreement, as it may compromise the account holder's confidential information
				and could result in outside charges on your account for which you will be
				responsible and liable. The charges incurred on your account are the
				responsibility of the owner as described in the profile, no matter who makes
				the actual charge. Once the bond has been approved by the Department of
				Transportation, notification of the monthly billing account number will be
				given. Information concerning accounts may be obtained by calling (405)
				522-9004 or 405-522-2290.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 3 - Size and Weight Permit Definitions, Application Process and Liabilities › Section 730:50-3-5 - Assumption of liability and responsibility for damages to public facilities by permittee

Current through Vol. 41, No. 20, July 1, 2024
(a) The driver,
				owner, operator, and any person, firm, or corporation causing or responsible
				for any vehicle being on any public road, street, or highway of this state
				operating under the limited authority of an oversize, overweight or other
				special permit shall, by operation of the vehicle under such permit, assume
				full and absolute responsibility for any damage to any road, street, highway,
				bridge, overpass, pavement, or other transportation facility.
(b) The issuance of an oversize or overweight
				permit shall, under no circumstances, be considered or construed to be a
				warranty, either express or implied, or a representation in any form by the
				State of Oklahoma or any agency or political subdivision of the State that any
				road, street, highway, or bridge provides adequate support or clearance for the
				permitted load or vehicle. No permit shall be valid except in strict
				conformance with the conditions precedent of this provision and all provisions
				contained in the permit. The Executive Director of the Department of
				Transportation shall provide, on the face of each permit as determined by the
				Executive Director, notice of these conditions precedent for the use of the
				permit.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 5 - Size and Weight Permit Load › Section 730:50-5-1 - Conditions and restrictions

Current through Vol. 41, No. 20, July 1, 2024
The following conditions and restrictions shall apply to the
				  issuance of permits for the operation of oversize and overweight
				  vehicles:
(1)
Travel
				time.
Movement shall be permitted in accordance with the dates and times
				provided in 47 O.S. §14-101 and in this sub-section.
(A) Oklahoma County. Movement of oversize
				permitted loads is not allowed on the National System of Interstate and Defense
				Highways in Oklahoma County from 7:00 a.m. to 9:00 a.m., and from 3:30 p.m. to
				6:30 p.m., Monday through Friday.
(B) Tulsa County. Movement of oversize
				permitted loads is not allowed on the National System of Interstate and Defense
				Highways in Tulsa County from 7:00 a.m. to 9:00 a.m., and from 3:30 p.m. to
				6:30 p.m., Monday through Friday.
(C) Cleveland County. Movement of oversize
				permitted loads is not allowed on the National System of Interstate and Defense
				Highways in Cleveland County from 7:00 a.m. to 9:00 a.m., and from 3:30 p.m. to
				6:30 p.m., Monday through Friday. The two (2) mile section of Interstate 35
				between State Highway 9 East (Exit 108) and State Highway 9 West (Exit 106)
				shall be exempt from this restriction.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 5 - Size and Weight Permit Load › Section 730:50-5-2 - Method of placing permit in suspension where conditions exist beyond the control of the permittee

Current through Vol. 41, No. 20, July 1, 2024
(a) A permit may be
				placed in suspension by the permit holder for a maximum of two (2) weeks for
				inclement weather, road conditions due to weather and equipment breakdown. To
				place a permit in suspension the permit holder shall:
(1) Contact the permit office within the trip
				dates. If the permit expires when the permit office is closed, contact the
				permit office the next working day;
(2) Provide the permit number and trip
				dates;
(3) Before the permit may be
				reinstated due to equipment breakdown proper documentation must be submitted to
				swpermits@odot.ok.gov.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 5 - Size and Weight Permit Load › Section 730:50-5-3 - General conditions and restrictions on permits

Current through Vol. 41, No. 20, July 1, 2024
Unless otherwise specifically required by law, the following
				  provisions shall apply to the eligibility for permits issued by the Executive
				  Director of the Department of Transportation for the operation of oversize
				  and/or overweight vehicles:
(1)
				Vehicles bearing an out-of-state license are ineligible for a permit of any
				type for a movement between an origin and destination, both of which are
				located within Oklahoma (intrastate movement), unless said vehicle is covered
				under an agreement between the licensing state and the State of Oklahoma which
				prorates the licensing and/or registration fees for such vehicles, or unless
				such vehicle has been temporarily licensed for operation in this state.
				Evidence of compliance with the provisions of this subparagraph must be
				provided with the application for any such permit.
(2) Only single trip permits may be requested
				by the vehicle owner or operator for non-divisible overweight vehicles and/or
				loads.
(A) A non-divisible load means any
				load or vehicle exceeding applicable length or weight limits which, if
				separated into smaller loads or vehicles, would meet any one of the following
				criteria:
(i) Compromise the intended use of
				the vehicle, i.e., make it unable to perform the function for which it was
				intended;
(ii) Destroy the value of
				the load or vehicle, i.e., make it unusable for its intended purpose;
				or
(iii) Require more than eight
				(8) work hours to dismantle using appropriate equipment. The applicant for a
				non-divisible load permit has the burden of proof as to the number of work
				hours required to dismantle the load.
Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 50 - Size and Weight Permits › Subchapter 5 - Size and Weight Permit Load › Section 730:50-5-4 - Overweight permits; specific conditions and restrictions

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless otherwise specifically required by
				law, in addition to the applicable General Conditions and Restrictions on
				Permits as contained in
				730:50-5-3 of this Chapter, no
				overweight vehicle and/or load and no combination of vehicles and/or loads
				shall be eligible for a permit unless all the following conditions are met:
(1) the permit application is for a single
				trip only; and
(2) the vehicle
				and/or load to which the application applies cannot be divided; and
(3) the applicant has justifiably certified
				that the movement proposed in the application is necessary due to the existence
				of a specific public emergency requiring the use of the State Highway System
				and the Executive Director of the Department of Transportation has concurred in
				the existence of such emergency; and
(4) the route requested constitutes the
				shortest practicable routing available; and
(5) the overweight vehicle and/or load to
				which the application applies does not require a fixed single axle loading in
				excess of 20,000 pounds or 600 pounds per inch and fractional part thereof of
				nominal tire tread width, whichever is the lesser.