Oklahoma Administrative Code Title 165 Chapter 30

   The public policy of this State, as declared by the Legislature, requires that motor carriers and private carriers, except as provided in this Chapter, should be regulated by the Oklahoma Corporation Commission, hereinafter referred to as the Commission, to protect the public interest, the environment and the highways of the state of Oklahoma and ensure compliance with applicable safety rules and regulations. The public policy of this State, as further declared by the Legislature, requires that motor carriers of household goods be regulated by the Commission in such manner as to establish standards for public safety, fair competitive practices, adequate and dependable service and protection of shippers from deceptive or unfair practices. The public policy of this State, as further declared by the Legislature, requires that transportation network companies be regulated by the Commission in such a manner as to implement and enforce public safety standards and insurance requirements as required by statute. The rules in this Chapter are intended to implement that public policy and to carry out the Commission's statutory duty of regulation in the public interest. In case of doubt as to the meaning of any language of the rules in this Chapter, that construction should be adopted which is consistent with the Constitution and Statutes of Oklahoma.

 

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:

 

(a) No intrastate motor carrier shall operate upon any street, road, public highway or dedicated public thoroughfare of this State for the transportation of passengers or property for hire without first obtaining from the Commission a license as provided in this Section. A license issued under this Subchapter shall not include transportation as a motor carrier of household goods. Motor carriers of household goods must comply with Subchapter 13 of this Chapter.

(b) A motor carrier engaged in intercorporate hauling shall be subject to this Subchapter.

(c) Motor carrier operations, other than motor carriers of passengers, are exempt from this Subchapter when:

(d) Motor carriers of passengers shall be exempt from this Subchapter when:

(e) Applicant may be issued a provisional intrastate license not to exceed ninety (90) days from the date application is filed, provided all other requirements for the intrastate license have been met. Applicant must provide a written request for the provisional intrastate license to the Director of the Transportation Division. If the provisional intrastate license is issued, a copy of the provisional intrastate license must be carried in each vehicle operated by the Applicant.

(f) The Commission may grant or deny the motor carrier license application or may impose conditions, stipulations and limitations on the license. If the Commission deems a hearing on the application to be necessary, the hearing shall be set within thirty(30) days of receipt of a complete application.

(g) No intrastate motor carrier license shall be issued to an applicant until all outstanding fines or judgments due the Commission or other state(s) regulatory agencies have been satisfied.

(h) All proceedings subsequent to the application, shall be governed by applicable provisions of the Commission's Rules of Practice, OAC 165:5.

 

(a) Any motor carrier desiring to continue intrastate motor carrier operations as granted in its license or certificate, shall, prior to the date of license or certificate expiration; apply for renewal by submitting the appropriate application form (TDF2 or MCF2) and all supporting documentation. Each renewal application shall be properly signed, attested to as follows:

(b) All intrastate motor carrier licenses and certificates issued by the Commission shall expire the same calendar month as issued, and shall be valid for a period of one (1) year.

(c) Renewal applications shall be accompanied by a filing fee as prescribed by the Commission, unless filed simultaneously with a sub application to modify operations.

(d) A renewal application may be set for hearing at the discretion of the Commission for good cause.

(e) An intrastate motor carrier desiring to renew its license or certificate should apply for renewal of its license or certificate a minimum of thirty (30) days prior to its expiration.

(f) A renewal application will not be accepted if the license or certificate has previously expired, unless the Director of the Transportation Division reviews and approves the acceptance of the application for renewal.

(g) No intrastate motor carrier license or certificate shall be renewed until all outstanding fines or judgments due the Commission or other state(s) regulatory agencies have been satisfied.

(h) No intrastate motor carrier operations shall be performed under an expired motor carrier license or certificate.

 

(a) No motor carrier whose principal place of business is in Oklahoma shall conduct any operations in this State unless such operations are covered by a valid primary bond or insurance policy issued by an insurer authorized or approved by the Oklahoma Insurance Department. No motor carrier whose principal place of business is not in Oklahoma shall conduct any operations in this State unless such operations are covered by a valid bond or insurance policy issued by an insurer licensed or approved by the insurance regulatory authority of the state of their principal place of business or the Oklahoma Insurance Department. No holder of an authority shall conduct any operations before a proper certificate of insurance(s) has been filed with, and approved by the Commission. A surety bond containing all obligations provided by this Section may be substituted for an insurance policy.

(b) Every motor carrier shall file with, and must be approved by, the Commission a certificate on Form E or G certifying that there is in effect a valid bond or insurance policy covering operations in Oklahoma to protect the public against loss of life, injury, property damage, and including environmental restoration in minimum amounts, of combined single limits, for bodily injuries to, or death of all persons injured or killed in any accident, and loss or damage in any one accident to property or others (excluding cargo). Minimum liability insurance limits as set forth in 49 CFR Part 387 shall also be applicable to intrastate operations unless otherwise specified in subsections (b)(1)-(4).

(c) Every motor carrier of freight, except a motor carrier of household goods, shall be exempted from filing proof of cargo liability insurance. Every motor carrier of household goods shall file with, and be approved by, the Commission an additional certificate on Form H or J that there is in effect a valid bond or insurance policy issued by a State Insurance Department authorized provider as security required to compensate shippers or consignees for loss of or damage to property coming into the motor carrier's possession. Security in the amount of at least Five Thousand Dollars ($5,000) is required to cover loss of or damage to property carried on any one motor vehicle in connection with its transportation service and in the amount of Ten Thousand Dollars ($10,000) for the loss of or damage to or aggregate of losses of or damages to property occurring at any one time and place.

(d) Motor carriers of hazardous materials or hazardous waste shall maintain a properly executed Form MCS-82 or MCS-90 in effect as required by 49 CFR 387.

(e) The Commission may by order grant authority to operate or to continue operating as a motor carrier conditional upon carrying insurance coverage in amounts larger than prescribed by (b) of this Section

(f) No certificate of insurance or surety bond filed with the Commission pursuant to this Section shall be canceled, unless the authorization to conduct operations has been canceled, except after thirty (30) days written notice made to the Commission, on Form K or L, which notice shall be effective only upon actual receipt thereof by the Commission.

(g) Insurance certificates or surety bonds may be canceled without the thirty (30) days written notice on Form K or L only when the authorization to operate has previously expired or canceled, the motor carrier provides an affidavit stating no operations have been conducted and the effective date of the cancellation notice is not before the date the cancellation notice is received in the Commission.

(h) Insurance certificates or surety bonds not properly canceled or expired shall be considered expired one (1) year after the motor carrier's authorization to operate has been canceled or expired.

(i) Insurance certificates or surety bonds approved by this Commission shall be replaced by more recent insurance certificates or surety bonds. The liability of the retiring insurer or surety shall be terminated as of the effective date of the replacement insurance certificate or surety bond provided the replacement is approved by this Commission.

(j) No certificate of insurance shall be filed with the Commission, which contains a provision to the effect that liability thereunder may be limited or avoided because of the culpability, the recklessness, or the condition of the driver of the vehicle involved or any other restriction relating to the driving or operation of the vehicle.

(k) Every certificate of insurance filed with the Commission shall provide that the public is protected from damage sustained through operations of any and all vehicles operated by the motor carrier insured, whether or not listed or identified in the policy; and that liability is not limited by the description of any particular vehicle or route which may be traveled by the motor vehicle in transporting passengers or property under the certificate or permit or license.

(l) Every certificate of insurance filed with the Commission shall be executed by an officer or authorized agent of the insurance company; and if executed by an agent, a copy of his written authority or power of attorney to execute the same shall be attached to the certificate.

(m) When insurance is provided by more than one insurer in order to aggregate security limits for motor carriers, a separate insurance certificate and endorsement is required of each insurer. For each motor carrier, no more than one primary insurance filing and no more than two excess insurance filings shall be approved.

(n) Every motor carrier shall maintain in force at all times all insurance required by state laws and by this Section. Failure for any cause to maintain any required insurance in force shall automatically and without notice suspend the license or authority of a motor carrier until proper insurance is filed.

(o) Whenever the license or authority of a motor carrier is suspended for failure to maintain in force insurance required by this Section, the carrier must file, within sixty (60) days after commencement of the suspension, proper certificate(s) of insurance as provided in this Section and a sufficient showing, by affidavit or otherwise, that no operations were conducted during the period that insurance was not in force (TDF 18).

(p) Whenever a motor carrier fails to provide proper certificates of insurance within sixty (60) days after suspension thereof as provided in this Section, the motor carrier's certificate or permit, license, or other authority shall be canceled by operation of law, and without notice. A certificate or permit, license, or other authority so canceled shall not be reinstated or otherwise made operative except upon proper showing, at a hearing, that the motor carrier was actually covered by proper insurance during the suspension or cancellation period, and that failure to file with the Commission was not due to the motor carrier's own negligence.

(q) Any motor carrier conducting operations under a suspended or canceled authority shall not be eligible to apply for a new authority for a period of not less than one hundred eighty (180) days. The one hundred eighty (180) day period shall be determined by either the date insurance on file expires or the date a violation is discovered, whichever occurrence is later.

(r) A person may not require indemnification from a motor carrier as a condition to the following:

(s) Insurance filings and cancellation notices required by this Chapter may be accepted electronically as set forth by the Transportation Division. Electronic insurance filings and cancellations shall be held to the same standard and carry the same force and effect as if accepted through traditional paper filings.

(t) Insurance companies or their underwriters desiring a hard copy of an approved or disapproved insurance filing or insurance cancellation must submit the insurance filing or insurance cancellation in duplicate and additionally provide a self-addressed stamped envelope.

 

(a) Every motor carrier operating upon the public highways of the State of Oklahoma shall purchase and place within each power unit operated by said motor carrier an identification device issued by this Commission, and make available for inspection upon request.

(b) No identification device may be sold or otherwise transferred; except if such motor carrier provides a newly acquired vehicle in substitution therefor, each identification device on the discontinued vehicle, if such device is still in the possession of the motor carrier, may be transferred to the substitute vehicle or any subsequently substituted vehicle.

(c) Identification devices found to be in the possession of a carrier not authorized will be confiscated and returned to the Commission by a motor carrier enforcement officer.

(d) No identification devices will be issued to any motor carrier who does not meet all statutory, regulatory and Commission requirements.

(e) Identification device(s) must be purchased prior to the expiration of each annual expiration of a multiple year renewal license to extend the motor carrier license. Failure to timely purchase the identification device(s) will cause the motor carrier license to expire. Failure to purchase the identification device(s) within 30 days of the expiration of the license will cause the motor carrier license to automatically expire and subject to reinstatement rules as prescribed in OAC 165:30-3-103.

 

(a) No person, motor carrier or private carrier shall transport any deleterious substance(s) in any quantity over twenty (20) gallons, without a Deleterious Substance Transport Permit (DSTP), to be issued by the Commission. A DSTP is required for soils contaminated by deleterious substances unless exempted under subsection (b) of this Section. The DSTP shall be required in addition to a motor carrier license as prescribed by this Chapter, when required.

(b) A DSTP is not required when:

(c) No person, motor carrier or private carrier shall dump, disperse or otherwise release deleterious liquids or substances described herein upon a public highway, on private property, or at any place except as authorized by law.

(d) No motor vehicle used to transport salt water or other deleterious substances shall be equipped with a release device which can be operated in any manner from within the cab of any motor vehicle.

(e) The Commission may issue the permit upon applicant fulfilling all requirements. If issued, a copy of the permit must be carried in each motor vehicle transporting a deleterious substance. Motor carriers must maintain valid liability insurance on file with this Commission in accordance with OAC 165:30-3-11. Failure to do so shall subject the permit to revocation.

(f) Notice of the application and hearing thereon shall not be required, unless the Commission shall so direct.

(g) Every person, motor carrier or private carrier holding a DSTP or transporting deleterious substances not requiring a DSTP pursuant to subsection (b) of this Section, shall maintain an accurate register in numerical order at the principal place of business and retain for inspection by Commission personnel at all times. The register shall consist of the shipping document or criteria as provided in (g) of this Section.

(h) Every vehicle transporting deleterious substances, whether under a DSTP or pursuant to subsection (b) of this Section, shall carry an individual shipping document for each load containing the information as follows:

(i) The shipping documentation may be transferred to the register. The register shall be maintained in numerical order by the permit holder and retained for inspection by Commission personnel at all times.

(j) Failure to maintain and preserve the records provided herein shall be grounds for revocation of the permit.

 

(a) Any notice required by law, the Commission's Rules of Practice, OAC 165:5, or this Chapter to be served upon or mailed to any holder of a certificate, permit or license shall be delivered or mailed to the last known mailing or email address as reflected by the records of the Commission. It is the duty of every holder of a certificate, permit or license to notify the Transportation Division by specific written request (TDF 17) of any change in the mailing, physical or email address of the principal place of business and mailing address thereof.

(b) Any non-resident motor carrier who has not filed a written designation of service agent with the Commission shall be deemed to have designated the Secretary of State of Oklahoma for the purpose of service of process by the Commission.

(c) Where such notice is required by law, Commission's Rules of Practice, OAC 165:5, or this Chapter is returned undeliverable, it will be grounds for revocation of the certificate, permit or license.

 

(a) Every intrastate motor carrier shall obtain and display a USDOT number.

(b) Each motor vehicle operated by a motor carrier shall be properly marked. The markings shall be in compliance with the Federal Motor Carrier Safety Regulations, 49 CFR Part 390.21 (b)-(d). A motor carrier vehicle operating under a DBA or trade name must first list the DBA or trade name on the carrier's operating authority.

(c) If the motor carrier's USDOT number is designated as intrastate only, the letters OK must follow the carrier identification number.

(d) A carrier shall immediately notify the Commission when filing changes on a USDOT identification report (MCS-150). This notification shall occur when a carrier updates its USDOT identification report (MCS-150) resulting in a change in name, dba, mailing, physical or email address, interstate to intrastate classification, intrastate to interstate classification, or any other modification that may affect the carrier's intrastate authority or permits issued by the Commission.

(e) In the event a power unit is transferred or sold by a motor carrier, the carrier is responsible for removing the markings from the unit.

 

(a) All intrastate motor carriers and private carriers, where applicable, shall conduct their operations in accordance with all applicable laws of the State of Oklahoma and all applicable rules of this Chapter. All licenses heretofore or hereafter granted by the Commission are subject to applicable provisions of law and of this Chapter as fully as if those laws and rules were set forth verbatim therein.

(b) No intrastate motor carrier or private carrier shall operate or allow to be operated on the public highways of the State of Oklahoma any equipment that does not comply with safety criteria established by the USDOT, the rules of this Commission; or, the statutes of the State of Oklahoma. No motor carrier or private carrier shall permit any person to operate a motor vehicle in violation of any size or weight limits established by this Chapter, of OAC 595:30 or of the statutes of the State of Oklahoma. Every person operating vehicles upon the public highways of this State shall meet the minimum safety standards as established by the USDOT and the statutes of the State of Oklahoma. Any vehicle which fails to meet safety criteria, or size and weight standards, or which is operated by any person in violation of this subsection shall be prevented from continued use of the public highways of the State of Oklahoma.

(c) The Commission adopts the oversize and overweight provisions of the rules as adopted by the Oklahoma Department of Public Safety in OAC 595:30.

 

(a) Every shipment shall be accompanied at all times by some form of written document of identification, which may be a bill of lading, freight bill, way bill, receipt, load ticket or other written instrument which sets out the date of shipment, commodity, weight, point of origin, point of destination, consignor and consignee.

(b) Each shipping document shall represent a single shipment and shall not represent multiple shipments.

(c) This Section l does not prohibit any motor carrier from utilizing an electronic system of documentation provided the information required in subsection (a) is evident.

 

(a) All records required by this Subchapter shall be maintained at the location last designated by the motor carrier as its principal office. If no location in Oklahoma is so designated, upon demand, the records shall be made available at a location designated by the Commission, at the expense of the motor carrier.

(b) All books, records and other documents required by this Subchapter must be retained for a period not less than three (3) years.

 

(a) Every vehicle used for transportation of passengers or property shall be in safe operating condition, and shall possess all safety equipment required by the Statutes of Oklahoma and the regulations of the USDOT.

(b) Every motor vehicle operating upon the highways of the State of Oklahoma shall be properly registered. Commercial motor vehicles with a GVWR/GCWR of 15,000 pounds or more must be registered by weight prior to transporting property.

(c) A commercial motor vehicle may not be registered for a capacity less than its GVWR/GCWR.

(d) Every motor vehicle used for transportation of passengers or property shall be adequate in size, design, and equipment to perform the transportation and other services required of it. Every vehicle used for transportation requiring specialized equipment shall be equipped with all features and equipment necessary to afford adequate protection to cargo and to the public. No vehicle shall be loaded in excess of applicable weight limits; nor in any event in excess of the reasonable capacity of the vehicle, or in such fashion as to endanger any portion of the cargo.

(e) Every motor vehicle used for the transportation of explosives or any other dangerous substance shall comply with all applicable laws and rules as to safety, placarding and other transportation requirements.

(f) All vehicles will be utilized in a manner that conforms with the manufacturer's design standards and specifications.

(g) 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.

 

(a) An authorized carrier may perform authorized intrastate transportation in equipment it does not own only under the following conditions:

(b) The written lease required pursuant to (a) of this Section shall contain the following provisions which shall be adhered to and performed by the authorized carrier as follows:

(c) All charges for transportation performed by equipment covered by this Section shall be made and billed by the lessee and all records shall be maintained as required by 165:30-3-33.

(d) A contract for lease of equipment with provision or option to purchase the equipment as part thereof shall be valid if otherwise in compliance with this Section.

(e) This Section shall not apply to a regular route carrier of passengers.

(f) No person shall rent equipment with driver to a private intrastate carrier or to a shipper, without appropriate certificate or permit or license from the Commission.

 

(a) An application to change the name or business name of the holder of an intrastate motor carrier license, without any change in the legal identity of the holder or any change in the ownership of the license, except as provided in subsections (c), (d) or (e) below, shall be filed on the appropriate form prescribed (TDF3) under the permanent PIN of the holder with appropriate sub-number designation and with such filing fee as prescribed by law or by Commission rule. No notice or hearing shall be necessary unless the Commission so requires. Notice, if required, shall be as the Commission shall direct.

(b) Any change in legal identity of the holder of an intrastate motor carrier license, except as provided in subsections (c), (d) or (e) 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 license.

(c) 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.

(d) 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.

(e) The merger of two or more corporations in which the survivor is the holder of a current license shall be deemed a name change.

(f) 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.

(g) The employment of incorporation, change of name or similar action directly or indirectly as a device to circumvent the rules of this Chapter is prohibited.

 

(a) No intrastate motor carrier or private carrier shall operate or allow any employee, agent or any other person to operate a motor vehicle owned or leased to it in violation of the size and weight limits established by the State Statutes. Factors to be considered when an application for suspension or revocation is made are set forth in subsection (d)(1) through (5).

(b) No person, firm or corporation shall assist in the commission of such overweight violation or cause a motor vehicle to be overloaded.

(c) No intrastate motor carrier shall operate or allow any employee, agent or any other person to operate a motor vehicle owned or leased to it in violation of the safety standards established by the state statutes.

(d) A compliance audit may be conducted by the Commission and will be based upon, but not limited to the following:

(e) Motor carriers obtaining a permit authorizing the operation of an oversize or overweight vehicle shall maintain a copy of the permit in accordance with 165:30-3-33.

(f) When performing an overweight audit, a certified load ticket or scale ticket shall be considered the actual weight of the vehicle or vehicle combination unless other reliable evidence is presented.

 

   No intrastate motor carrier license, nor any part thereof, or rights thereunder shall be leased; nor shall the holder thereof sublet or in any manner permit the use thereof, or the exercise of any rights or privileges thereunder by another, except as provided in this Section. Violation of this Section shall be grounds for revocation of the license, and shall be grounds for denial of an application for a new or renewed license.

 

(a) Any person who advertises to perform intrastate transportation services for which he does not hold a proper certificate or permit or license shall be in violation of this Section and subject to the penalties prescribed for contempt of the Commission.

(b) A motor carrier authorized to transport passengers must ensure all advertisements contain the motor carrier's USDOT number that is linked to the motor carrier's passenger authority license.

 

   In addition to the procedures set forth in the Oklahoma Statutes and in the Commission's Rules of Practice, OAC 165:5 regarding the procedure in proceedings as for contempt, the following procedures may be followed for violations of this Chapter, and applicable statutes of Title 47 and Title 68:

 

(a) All transportation by motor vehicle of deleterious substances including salt water, brines, liquid mud, acids, or any other fluids used in the drilling, completion, operation or reworking of an oil or gas well and/or any fluids generated as a by-product or resulting from the production of an oil or gas well or the operation of a disposal facility or facility where equipment is cleaned shall be conducted in such a manner that prevents any pollution to the surface of the earth or any fresh water bearing formation. Pollution of surface water or subsurface water is hereby prohibited.

(b) No transporters of fluids mentioned in this Section shall use an earthen pit for any storage of said fluids or the washing or otherwise cleaning of the inside of the trailer or container used to transport or store such fluids.

(c) Any truck yard pit used for the temporary storage of fluids from washing or cleaning activities of equipment used in the transportation of fluids mentioned in this Section shall not be utilized until the 1014T permit is issued by the Commission's Oil and Gas Division as set forth in OAC 165:10.

 

(a) An intrastate motor carrier may request cancellation of its license without notice or hearing.

(b) Any intrastate motor carrier requesting cancellation of its license while in good standing may reapply for a new license at any time.

 

(a) Any intrastate motor 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.

(b) An application to revoke or suspend an intrastate motor 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.

(c) 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.

(d) Any motor 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 one hundred eighty (180) days. Except for insurance violations as noted in 165:30-3-11, the one hundred eighty (180) day period shall begin the date a Commission order is signed suspending or cancelling a motor carrier license.

(e) The employment of incorporation, stock transfer, merger, change of name or similar action directly or indirectly as a device to evade subsection (d) of this Section is prohibited.

(f) Any violation of other state statutes or regulations shall be cause to initiate an application for suspension or revocation by staff or other adversely affected persons.

 

(a) A motor carrier whose certificate, permit, license, or a portion thereof, has been cancelled by law or by order of the Commission, may file with the Commission a written application for reinstatement on the appropriate form prescribed by the Commission (TDF 8), and shall tender with the application a filing fee as prescribed by law or by Commission rule.

(b) The application for reinstatement must be filed within three (3) months from the date the certificate, permit or license was cancelled by law or by Commission order and may be approved by the Director for Administrative reinstatement. Applications not approved for administrative reinstatement may be set for hearing.

(c) The application shall be filed under the PIN as assigned to the certificate, permit, or license, with appropriate sub-number designation.

(d) If the authority was revoked due to lack of insurance on file and the carrier cannot furnish proper proof of continuous insurance, the Commission may reinstate the certificate, permit or license only after a hearing has been held and notice thereof has been given as prescribed by the Oklahoma Corporation Commission's Rules of Practice, OAC 165:5.

(e) No reinstatement shall be issued until all requirements of the certificate, permit or license have been fulfilled and a reinstatement fee as prescribed by law or Commission rule has been tendered.

 

(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 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 the Commission.

(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 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.

 

(a) No Transportation Network Company ("TNC") shall operate upon any street, road, public highway or dedicated public thoroughfare of this State for the transportation of passengers for hire without the TNC first obtaining from the Commission a permit as provided in this Subchapter. A permit issued under this Subchapter shall not constitute authorization to conduct operations as a for-hire motor carrier or as a private carrier.

(b) The Commission may grant or deny the TNC permit application or may impose conditions, stipulations and limitations on the permit consistent with the requirements of the Oklahoma Transportation Network Company Services Act. If the Commission deems a hearing on the application to be necessary, the hearing shall be set within thirty (30) days of receipt of a complete application.

(c) No TNC permit shall be issued to an applicant until all outstanding fines or judgments due the Commission or other Oklahoma state agencies have been satisfied.

(d) All proceedings subsequent to the application, shall be governed by applicable provisions of the Commission's Rules of Practice, OAC 165:5.

 

(a) Any TNC desiring to continue operations as granted in its permit shall apply for renewal by submitting the appropriate application form (TDF 29) a minimum of thirty (30) days prior to the date of the permit's expiration. Each renewal application shall be properly signed.

(b) The applicant must supply updated documentation demonstrating eligibility for a TNC permit upon request.

(c) All TNC Permits renewed by the Commission shall become effective the same date as the prior permit's expiration.

(d) Renewal applications shall be accompanied by a filing fee as prescribed by law or by Commission rule.

(e) A renewal application may be set for hearing at the discretion of the Commission.

(f) All requirements for compliance with this Chapter must be met within thirty (30) days from date of receipt of a TNC permit renewal application by the Commission. Failure to comply will result in dismissal of the renewal application for a permit.

(g) A renewal application will not be accepted if the permit has previously expired, unless the Director of the Transportation Division reviews and approves the acceptance of the application for renewal.

(h) No TNC permit shall be renewed until all outstanding fines or judgments due the Commission or other Oklahoma state agencies have been satisfied.

(i) No TNC operations shall be performed under an expired permit.

 

(a) No TNC shall conduct any operations in this State unless such operations are covered by a valid insurance policy issued by an insurer authorized or approved by the Oklahoma Insurance Department. No holder of a TNC permit shall conduct any operations before a proper certificate of insurance(s) has been filed with, and approved, by the Commission.

(b) Every TNC shall file with the Commission a certificate on form TDF 30 certifying that there is in effect insurance coverage as set forth in the Oklahoma Transportation Network Company Services Act.

(c) No certificate of insurance filed with the Commission pursuant to this Section shall be canceled, unless the authorization to conduct operations has been canceled, except after thirty (30) days written notice made to the Commission, on form TDF 31, which notice shall be effective only upon actual receipt thereof by the Commission.

(d) Insurance certificates may be canceled without the thirty (30) days written notice on form TDF 31 only when the authorization to operate has previously expired or canceled.

(e) Insurance certificates not properly cancelled or expired shall be considered expired one (1) year after the TNC's authorization to operate has been cancelled or expired.

(f) Insurance certificates approved by this Commission shall be replaced by more recent insurance certificates. The liability of the retiring insurer shall be terminated as of the effective date of the replacement insurance certificate provided the replacement is approved by this Commission.

(g) Every certificate of insurance filed with the Commission shall provide that the public is protected from damage sustained through operations of any and all vehicles operated by the TNC insured, subject to the terms and conditions provided for by the Oklahoma Transportation Network Company Services Act.

(h) Every certificate of insurance filed with the Commission shall be executed by an officer or authorized agent of the insurance company; and if executed by an agent, a copy of his written authority or power of attorney to execute the same shall be attached to the certificate.

(i) When insurance is provided by more than one insurer in order to aggregate security limits for TNCs, a separate insurance certificate is required of each insurer. For each motor carrier, no more than one (1) primary insurance filing and no more than two (2) excess insurance filings shall be approved.

(j) Every TNC shall maintain in force at all times all insurance required by state laws and by this Section. Failure for any cause to maintain any required insurance in force shall automatically and without notice suspend the permit of a TNC until proper insurance is filed. No TNC operations shall be conducted unless proper insurance is on file with the Commission.

(k) Whenever the permit of a TNC is suspended for failure to maintain in force insurance required by this Section, the TNC must file proper certificate(s) of insurance, as provided in this Section, within sixty (60) days after commencement of the suspension.

(l) Whenever a TNC fails to provide proper certificates of insurance within sixty (60) days after suspension thereof as provided in this Section, the TNC's permit shall be cancelled. A permit so cancelled shall not be reinstated or otherwise made operative except upon proper showing that the TNC was actually covered by proper insurance during the suspension or cancellation period, and that failure to file with the Commission was not due to the TNC's own negligence.

(m) Any TNC conducting operations under a suspended or cancelled permit shall not be eligible to apply for a new permit for a period of not less than one hundred eighty (180) days. The one hundred eighty (180) day period shall be determined by either the date insurance on file expires or the date a violation is discovered, whichever occurrence is later.

(n) Insurance filings and cancellation notices required by this Chapter may be accepted electronically as set forth by the Transportation Division. Electronic insurance filings and cancellations shall be held to the same standard and carry the same force and effect as if accepted through traditional paper filings.

 

(a) An application to change the name or business name of the holder of a TNC permit, without any change in the legal identity of the holder or any change in the ownership of the permit, except as provided in subsections (c), (d) or (e) below, shall be filed on the prescribed form (TDF 3) with such filing fee as prescribed by law or by Commission rule. No hearing shall be necessary unless the Commission so requires.

(b) Any change in legal identity of the holder of a TNC permit, except as provided in subsections (c), (d) or (e) 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 permit.

(c) The following shall be considered a name change:

(d) 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.

(e) The employment of incorporation, change of name or similar action directly or indirectly as a device to circumvent the rules of this Chapter is prohibited.

 

(a) Any notice required by law, the Commission's Rules of Practice, OAC 165:5, or this Chapter to be served upon or mailed to any holder of a permit shall be delivered or mailed to the last known email or mailing address as reflected by the records of the Commission. It is the duty of every holder of a permit to notify the Transportation Division by specific written request (TDF 17) of any change in the email address, address of the principal place of business or mailing address thereof.

(b) Any TNC that has not filed a written designation of service agent with the Commission shall be deemed to have designated the Secretary of State of Oklahoma for the purpose of service of process by the Commission.

(c) Where such notice is required by law, Commission's Rules of Practice, OAC 165:5, or this Chapter is returned undeliverable, it will be grounds for revocation of the permit.

 

(a) All TNCs shall conduct their operations in accordance with all applicable laws of the State of Oklahoma and all applicable rules of this Chapter. All permits heretofore or hereafter granted by the Commission are subject to applicable provisions of law and of this Chapter as fully as if those laws and rules were set forth verbatim therein.

(b) No TNC shall operate or allow to be operated any equipment that does not comply with safety criteria established by the rules of this Commission, the Oklahoma Transportation Network Company Services Act or the statutes of the State of Oklahoma on the public highways of the State of Oklahoma. No TNC shall permit any TNC driver to operate a motor vehicle in violation of any size limits established by this Chapter, of OAC 595:30 or of the statutes of the State of Oklahoma. The TNC shall suspend access to its digital network to a TNC driver, pending an investigation by the TNC, if it receives notice of or has reason to believe the driver has failed to meet the safety criteria or size standards of the Commission, the Oklahoma Transportation Network Company Services Act, or the statutes of the State of Oklahoma.

(c) TNCs shall provide notice to their TNC drivers that arranging for-hire passenger transportation services in any way other than through the TNC's digital network will subject the driver to the same regulation, authority requirements, and penalties as a motor carrier under the Motor Carrier Act of 1995.

(d) TNCs shall provide, via the TNC's Digital Network, a method whereby each TNC driver can present to a requesting law enforcement officer proof that the driver is operating as a TNC driver. TNC drivers unable to present such information may be considered to be engaged in motor carrier operations.

(e) No provisions may be included in the TNC's Terms of Service or Driver Contracts that are contrary to the OTNCS Act.

(f) No provisions in this Subchapter prohibit a TNC from contracting with a licensed intrastate for-hire motor carrier.

 

   All records required by the Transportation Network Company Services Act, or this Subchapter, shall be made available upon a request by the Commission within a reasonable time, as required by the Oklahoma Transportation Network Company Services Act. Records may be produced to the Commission in electronic form unless physical copies of specific records are requested by the Commission.

 

   No TNC permit, nor any part thereof, or rights thereunder shall be leased; nor shall the holder thereof sublet or in any manner allow the use thereof, or exercise any of the rights or privileges thereunder by another, except as provided in this Section. Violation of this Section shall be grounds for revocation of the permit, and shall be grounds for denial of an application for a new or renewed permit.

 

   Any person or entity performing or advertising to perform TNC services without holding a proper permit granted by the Commission shall be in violation of this Section and be subject to the penalties prescribed for contempt of the Commission.

 

(a) Every TNC, their employees or independent contractors, 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 of 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, rules, 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 Dollars ($500.00) per violation per day or as otherwise provided for by law.

(b) Only the Commission staff or other state or federal governmental agency may file an application for a contempt proceeding.

 

(a) A TNC may request cancellation of its permit without notice or hearing.

(b) Any TNC requesting cancellation of its permit while in good standing may reapply for a new permit at any time.

 

(a) Any TNC permit 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.

(b) An application to revoke or suspend a TNC permit may be filed by a member of the staff of the Commission. 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.

(c) After hearing, the Commission may grant or deny the application, and may suspend or revoke the permit, or the Commission may assess a fine or impose limitations or conditions upon the continuation of operations under the permit as stated in the order.

(d) Any TNC conducting operations under a suspended or cancelled permit shall not be eligible to apply for a new permit for a period of not less than one hundred eighty (180) days. Except for insurance violations as noted in 165:30-6-5, the one hundred eighty (180) day period shall begin the date a Commission order is signed suspending or canceling a TNC permit.

(e) The employment of incorporation, stock transfer, merger, change of name or similar action directly or indirectly as a device to evade subsection (d) of this Section is prohibited.

(f) Any violation of state statutes or regulations shall be cause to initiate an application for suspension or revocation by Commission staff or other state or federal governmental agency.

 

(a) A TNC whose permit has been cancelled for lack of insurance, may file with the Commission a written application for reinstatement on the appropriate form prescribed by the Commission (TDF 8), and shall tender with the application a filing fee as prescribed by law or by Commission rule.

(b) The application for reinstatement must be filed within three (3) months from the date the permit was cancelled and may be approved by the Director of Transportation for administrative reinstatement. Applications not approved for administrative reinstatement may be set for hearing.

(c) If the authority was revoked due to lack of insurance on file and the TNC cannot furnish proper proof of continuous insurance, the Commission may reinstate the permit only after a hearing has been held and notice thereof has been given as prescribed by the Oklahoma Corporation Commission's Rules of Practice, OAC 165:5.

(d) No reinstatement shall be issued until all requirements of the permit have been fulfilled.

 

   The following forms of the Commission relate to this Chapter:

 

(a) All intrastate motor carrier, private carrier, transportation network company, deleterious, hazardous waste, registration and fuel permit applications must bear an original acceptable signature of the applicant. The applicant must be a legal entity with an optional single trade name listed that is not a legal entity. If signed by an attorney or agent in lieu of the applicant, a copy of the power of attorney must be attached to the application.

(b) Acceptable signatures on applications for authority are as follows:

(c) A name change relating to a partnership or a request to cancel a partnership must be signed by all partners.

(d) All motor carrier and commercial motor vehicle applications filed by an applicant which does not maintain a terminal in Oklahoma must file and maintain a current listing of a valid Oklahoma process agent on behalf of the applicant.

(e) All applications for authority shall contain the USDOT number of the operating motor carrier. Applications for registration shall additionally contain the USDOT number of the owner of each vehicle, and the registrant.

(f) Motor carriers obtaining a name change with FMCSA in association with the motor carrier's DOT number must immediately update the name and/or trade name on the Commission issued authority, registrations, fuel licenses or permits. The Commission may require a name change or an application for new authority. Motor carriers obtaining a name change on Commission issued authority, registration, fuel licenses or permits must immediately obtain a name change with FMCSA in association with the motor carrier's DOT number. Failure to have the motor carrier name and trade name, if any, identically shown on all authority, registrations, fuel licenses or permits may subject the motor carrier to penalties, suspension, revocation, roadside enforcement delays or delays in processing subsequent applications.

(g) Motor carriers changing their email, mailing or physical address with FMCSA in association with the motor carrier's DOT number must immediately update address(es) on the Commission issued authority, registrations, fuel licenses or permits. In the event the Commission determines a motor carrier has changed its address(es) with FMCSA prior to notifying the Commission, may cause the Commission to update its records to reflect the updated address(es) on file with FMCSA. The motor carrier may notify the Commission in writing if it chooses to maintain separate address(es) on file with the Commission from the address(es) on file with FMCSA. Failure to have current address(es) on file for authority, registrations, fuel licenses or permits may subject the motor carrier to penalties, suspension, revocation, roadside enforcement delays or delays in processing subsequent applications.

(h) An application for authority, commercial vehicle registration or fuel permit may not be processed when the motor carrier or the motor carrier responsible for safety has not updated its USDOT number within the prior twenty-four (24) months. Failure to update the USDOT number may subject the authority to revocation.

(i) Failure to properly complete any application may result in delay or denial of the relief sought.

(j) Applications may be denied due to outstanding monies owed to the Commission or other state or federal agencies.

(k) Interstate authority, fuel permits and registration cannot be issued to a motor carrier whose ability to operate in interstate commerce has been denied or revoked.

(l) If a fee is required for an application, and the funds are returned unpaid, any document or privilege granted as a result of that application shall be immediately revoked without notice. The document or privilege shall be reinstated provided valid payment is received in a timely manner.

 

(a) All persons engaged in an activity, which an authorized agent of the Commission has reasonable cause to believe appears to be within the purview of this Chapter, shall make its transportation related records available for inspection to an authorized agent of the Commission.

(b) Persons engaged in an activity within the purview of this Chapter, shall stop when ordered to do so by a motor carrier enforcement officer and yield the vehicle, its contents and its shipping documentation to the officer for inspection.

(c) All transportation related records shall be made available at the carrier's principal place of business upon request of the Commission. If no location in Oklahoma is so designated, the records shall be made available at a location designated by the Commission, at the expense of the person engaged in transportation matters.

(d) Every person who fails to provide the transportation related records, upon demand, is guilty of contempt of the Commission and is subject to a fine not exceed Five Hundred ($500) Dollars or as otherwise provided for by law.

 

(a) Every person operating or intending to operate as a motor carrier in intrastate or interstate commerce shall obtain a USDOT number.

(b) Every person registering a commercial motor vehicle for apportionment shall obtain a USDOT number.

(c) Every person applying for an IFTA license shall obtain a USDOT number.

(d) USDOT numbers for interstate operations can be obtained utilizing a MCS-150 form available from FMCSA or online at www.fmcsa.dot.gov.

(e) USDOT numbers for intrastate only operations can be obtained online at www.fmcsa.dot.gov.

(f) Motor carriers, registrants and licensees obtaining a USDOT number for interstate operations shall comply with all provisions of 49 C.F.R. 390.19, with the exception that applicants for apportioned registration must update their MCS-150 a minimum of once every twelve (12) months.

(g) Motor carriers operating intrastate only shall update their MCS-150 or TDF-19 a minimum of once every two (2) years.

(h) All holders of a USDOT number shall notify the Commission, utilizing a TDF 19 if intrastate only, or file a new MCS-150 form with USDOT or this Commission when they cease operations in order to inactivate their USDOT number.

(i) A USDOT number issued to an intrastate carrier will be inactivated when the intrastate carrier does not hold an active authority and two (2) or more Commission letters or notifications mailed to the last known email or mailing address on file are returned undeliverable.

 

(a) The Commission may revoke, suspend or deny the issuance of any Commission issued motor carrier or commercial motor vehicle license, permit, TNC permit, certificate or registration issued pursuant to the Commission's jurisdiction for any of the following reasons:

(b) A motor carrier, private carrier, TNC or registrant who wishes to contest a revocation, suspension or denial of issuance of motor carrier license, permit, certificate or registration is entitled to a hearing under the procedures contained in the Commission's Rules of Practice, OAC 165:5.

 

(a) General provisions. Any person may, after notice and an opportunity for hearing, be disqualified from conducting business before the Transportation Division of the Commission if such person:

(b) Complaint and initial investigation. The Commission may, upon its own initiative, or upon receiving a written complaint filed with the Director of the Transportation Division, cause the complaint to be investigated and a determination made as to whether good cause exists for initiating a disqualification proceeding. If it is determined that none of the conditions in subsection (a) above have been met, or if there is insufficient evidence to support the allegation, the investigation will be terminated. If a determination is made that good cause exists for initiating a disqualification proceeding, such proceeding will be promptly commenced.

(c) Commencement, notice, and conduct of hearing. The commencement of the proceeding, notice to the respondent, and conduct of the hearing shall be held in compliance with the Commission's Rules of Practice, OAC 165:5.

(d) Burden of proof. The Office of the General Counsel shall have the burden of establishing, by a preponderance of the evidence, that a condition in subsection (a) has been met such that respondent should be disqualified from conducting business before the Commission. Notice of the final disposition of the disqualification proceedings will be provided to the respondent.

(e) Scope of action. The respondent may be found qualified to conduct business before the Commission, or may be disqualified from conducting business before the Commission for a stated period of time or indefinitely. The Commission may provide notice of the determination of the disqualification proceeding to other agencies, boards, or Commissions who exercise jurisdiction or regulatory authority over the respondent or the activities involved in the violation. Nothing in this Section shall preclude the Commission from seeking any other remedies or legal proceedings available at law to enforce its orders or rules.

 

(a) Motor carriers conducting intrastate operations under contract with a governmental entity are exempt from Subchapters 3, 13 and 15 of this Chapter.

(b) Persons conducting intrastate operations in furtherance of a governmental contract for the building or maintenance of roads, bridges, turnpikes or other road building projects are exempt from Subchapters 3 and 15 of this Chapter.

(c) In an effort to assist law enforcement in identifying operations exempt as a result of a governmental contract, documentation should be carried in each vehicle operated under the contract. The documentation may consist of a complete copy of the contract or a copy of a portion of the contract(s) that contains the following information:

(d) A subcontractor exempted under (b) of this Section, should in addition to the documentation listed in (c) of this Section, additionally carry a copy of the contract, or a portion of the contract, between the contractor and the subcontractor that clearly establishes the operations being performed are within the scope of the governmental contract.

 

(a) The Transportation Division may require a new insurance filing to be placed on file when the effective date of the current filing is more than three (3) years old.

(b) Notification of the need for a new insurance filing to be placed on file shall be mailed to the official email or mailing address on file for the license, certificate or permit holder, which shall be considered official notice.

(c) The new insurance filing shall be placed on file with the Transportation Division within ninety (90) days from the date of the notice.

(d) Failure of the license, certificate or permit holder to have proper insurance placed on file within ninety (90) days shall subject the license, certificate or permit to revocation.

(e) A notice to revoke shall be sent to the official email or mailing address on file with the Transportation Division. The license, certificate or permit holder will be allowed an additional thirty (30) days to comply with the provisions of this section.

(f) Failure of the license, certificate or permit holder to comply with the provisions of this section shall cause the license, certificate or permit to be revoked without further notice.

 

The following words and terms, when used in this Subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

 

(a) To gain access to an electronic system, the User must make application or submit a request with the Transportation Division as specified on the appropriate Commission website.

(b) The request shall contain information as required by the specific system in which the User has requested access.

(c) In the event the electronic system is not maintained by the Corporation Commission, the User must contact the system administrator to gain access.

(d) Users of the electronic system shall comply with all applicable instructions and the User agreement for electronic system usage.

(e) Electronic signatures are required. By use of an electronic signature, the person represents that all requirements of the applicable authority requiring the person's signature have been satisfied and all duties and obligations imposed by law have been fulfilled.

(f) An electronic signature is deemed to constitute a signature on the document for purposes of all signature requirements imposed and or/any other applicable law. An electronic signature shall have the same force and effect as a handwritten signature.

 

(a) Electronic systems are generally available twenty-four (24) hours a day, seven (7) days a week. Filing information or a document electronically does not, however, alter the filing deadline for that information or document. The official filing time is the filing time indicated on the electronic filing.

(b) Risk of loss of transmission, of non-receipt, or of illegibility is borne by the person transmitting and filing documents electronically.

(c) All documents submitted electronically to the Transportation Division shall conform to the rules and procedures for electronic filing. Any filing not conforming to the rules and procedures for electronic filing may be rejected by the Transportation Division.

 

(a) Technical failure of an electronic system may occur. Users should provide information, documents or payments in advance of any deadline to ensure timely filing.

(b) A User whose deadline passes without appropriate information, documents or payments made as the result of a technical failure of the electronic system may seek appropriate relief from the Commission. Relief regarding enforcement actions taken by law enforcement, other than by the Commission, cannot be sought at the Commission.

(c) Failures not originating with the electronic system, such as phone line problems, problems with the user's internet service provider, or hardware or software problems, will not constitute a technical failure or excuse an untimely filing.

(d) A User may be able to make changes to information or documents after they have been electronically submitted, depending upon the application process. If a correction cannot be made, relief will have to be sought using established rules and procedures.

 

(a) All motor carriers engaged in interstate commerce, operating a commercial motor vehicle as defined by 49 C.F.R. 390.5, must obtain their USDOT number prior to commencing operations.

(b) Motor carriers required to obtain a USDOT number may not engage in interstate commerce within, into or out of Oklahoma without having an active USDOT number.

(c) All motor carriers engaged in interstate commerce shall comply with all provisions of 49 C.F.R. 390.21 with regard to vehicle markings.

(d) All motor carriers engaged in interstate commerce must comply with 49 C.F.R. 390.19.

 

(a) All interstate motor carriers shall have valid insurance on file with FMCSA, as required by FMCSA.

(b) All interstate motor carriers not required to file insurance with FMCSA, shall carry a copy of its current and valid liability insurance security verification form in each vehicle and present it to an officer upon his/her request.

 

   An interstate carrier transporting a deleterious substance(s) shall comply with all provisions of OAC 165:30-3-11 and OAC 165:30-3-13.

 

   An interstate carrier transporting hazardous waste shall comply with all provisions of OAC 165:30-17.

 

   All motor carriers shall comply with all provisions of 165:30-3-34.

 

   An interstate motor carrier shall comply with all provisions of 49 C.F.R. 376.11 with regard to lease agreements.

 

   All motor carriers shall comply with the provisions of 165:30-3-32.

 

(a) An interstate motor carrier engaged in operations regulated by the FMCSA must comply with all FMCSA regulations.

(b) An interstate motor carrier shall conduct its operations in accordance with all applicable laws of the State of Oklahoma and all applicable rules of the Commission.

(c) No motor carrier engaged in interstate commerce shall operate or allow to be operated on the public highways of the State of Oklahoma any equipment that does not comply with safety criteria established by the USDOT, the rules of this Commission; or, the statutes of the State of Oklahoma. No motor carrier or private carrier shall permit any person to operate a motor vehicle in violation of any size or weight limits established by this Chapter, of OAC 595:30 or of the statutes of the State of Oklahoma. Every person operating vehicles upon the public highways of this State shall meet the minimum safety standards as established by the USDOT and the statutes of the State of Oklahoma. Any vehicle which fails to meet safety criteria, or size and weight standards, or which is operated by any person in violation of this subsection shall be prevented from continued use of the public highways of the State of Oklahoma.

(d) 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.

 

   An interstate motor carrier shall comply with all provisions of OAC 165:30-3-71.

 

   An interstate motor carrier shall comply with all provisions of OAC 165:30-3-92.

 

   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.

 

(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 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 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 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.

 

   An interstate motor carrier must obtain intrastate authority from the Commission prior to commencing intrastate operations.

 

   An interstate carrier with intrastate authority must continue to conduct its operations in accordance with OAC 165:30-3 or OAC 165:30-15, with the exception of the following:

 

(a) An interstate motor carrier with valid intrastate authority issued pursuant to OAC 165:30-3 or OAC 165:30-15, must maintain liability insurance on file as prescribed in OAC 165:30-3-11 or OAC 165:30-15-6, to retain its intrastate authority.

(b) If a motor carrier's authorization to operate interstate is canceled, whether voluntary or involuntary, the motor carrier must immediately make application to the Commission for intrastate authority renewal and identification devices. Failure to make application within sixty (60) days shall cause the motor carrier's intrastate license to expire.

 

(a) The Commission shall comply with the provisions of the procedures adopted by the UCR Board.

(b) An interstate motor carrier, freight forwarder, leasing company or broker subject to UCR shall be known as a UCRant.

(c) A UCRant shall pay its applicable UCR fee to its base state, in accordance with the UCR procedures. The applicable UCR fee may include amounts owed for prior years as well as the fee for the current year.

(d) UCR fees, once paid, will not be refunded unless provided for in the Unified Carrier Registration Agreement issued pursuant to 49 U.S.C.A. § 14504a.

(e) Failure of a UCRant to pay its applicable UCR fee to its base state shall subject the UCRant to contempt complaint proceedings.

(f) Interstate carriers excluding vehicles operating intrastate only from the UCR fee must comply with 165:30-10-45.

 

(a) No motor carrier shall operate upon any street, road, public highway or dedicated public thoroughfare of this State for the intrastate, including intracity, transportation of household goods for hire without first obtaining from the Commission a certificate as provided in this Section.

(b) Every person operating as a motor carrier of household goods pursuant to this Subchapter shall obtain a copy of this Chapter and be familiar with its content as it pertains to motor carriers of household goods.

(c) The Commission may consider any written protests or written complaints filed prior to granting or renewing a household goods certificate. If the Commission elects not to grant or renew a household goods certificate, the application shall be set for public hearing in accordance with Commission rules. At the hearing, the applicant shall have the burden of establishing it has the ability to conduct operations in a safe and reasonable manner and applicant is in compliance with all applicable rules and laws of the State of Oklahoma.

(d) After the hearing, the Commission may grant or deny the application in whole or in part; or may impose conditions, stipulations and limitations on the authority as stated in the order.

(e) Applicant may be issued a provisional household goods certificate not to exceed ninety (90) days from the date the application is filed, provided all requirements, with the exception of the educational compliance requirements, for the certificate have been met. Applicant must provide a written request for the provisional certificate. If the provisional certificate is issued, a copy of the provisional certificate must be carried in each vehicle operated by the Applicant.

(f) A certificate shall be valid for one year from date of issuance. Applicants for renewal of a certificate shall comply with OAC 165:30-3-3.

(g) A copy of the current certificate under which a carrier operates shall be carried at all times in each power unit by the motor carrier.

(h) A motor carrier of household goods engaged in intercorporate hauling shall be subject to this Subchapter.

(i) No household goods certificate shall be issued to an applicant until all outstanding fines or judgments due the Commission or other state(s) regulatory agencies have been satisfied.

(j) An intrastate motor carrier of household goods may additionally engage in intrastate for-hire transportation of property without an intrastate motor carrier license, but may not engage in the intrastate transportation of passengers, deleterious substances or hazardous materials without complying with Subchapter 3 of this Chapter.

(k) All proceedings subsequent to the application, and the conduct of the hearing, shall be governed by applicable provisions of the Commission's Rules of Practice, OAC 165:5.

 

(a) Intrastate household goods certificates and permits issued prior to November 1, 2009, shall expire sixty days after the effective date of this Section.

(b) Within sixty days of the effective date of this Section, intrastate motor carriers of household goods holding a valid certificate or permit on November 1, 2009, shall apply for a household goods certificate as set forth in this Subchapter. The filing fee as set forth in OAC 165:30-13-2 (a) (1) shall be waived.

(c) This Section does not apply to any household goods certificates or permits that are suspended or revoked prior to the effective date of this Section.

 

   All motor carriers of household goods shall comply with all provisions of OAC 165:30-3-11.

 

(a) Every motor carrier operating upon the public highways of the State of Oklahoma shall obtain and display a current identification device, issued by this Commission, for each power unit operated by said motor carrier.

(b) No identification device may be sold or otherwise transferred; except if such motor carrier provides a newly acquired vehicle in substitution therefore, each identification device on the discontinued vehicle, if such device is still in the possession of the motor carrier, may be transferred to the substitute vehicle or any subsequently substituted vehicle.

(c) It is the duty of every motor carrier to remove and destroy identification devices upon transfer or sale of a power vehicle.

(d) Identification devices found to be in the possession of a carrier not authorized will be confiscated and returned to the Commission by a motor carrier enforcement officer.

(e) No identification devices will be issued to any motor carrier who does not meet all statutory, regulatory and Commission requirements.

 

   Every motor carrier of household goods shall comply with the provisions of 165:30-3-17.

 

   All motor carriers of household goods shall comply with all provisions of OAC 165:30-3-16.

 

(a) Household goods carriers must provide written binding or non-binding estimates.

(b) The written estimate must clearly provide:

(c) Household goods carriers assessing charges based upon weight must obtain weight tickets of the vehicle before loading and after loading. The weight tickets must include:

(d) In the event of a binding estimate based upon weight, the shipper may elect to waive the weighing of the vehicle before loading and/or after loading, but such waiver must be specifically noted and initialed on the written estimate.

(e) A shipper shall be granted the ability to observe the vehicle weighing or re-weighing as requested.

(f) Household goods carriers assessing charges not based upon weight shall clearly specify the parameters for which charges will be assessed.

(g) Services performed under an estimate are subject to the 110% rule, which means the household goods carrier must deliver the goods once the shipper pays 110% of the estimated charges. The 110% rule still applies to partial shipments when a prorated percentage is paid.

(h) Additional charges may be added based upon mutual agreement of the carrier and the shipper. These charges must be in writing and signed by both parties. Additional charges may not be added after the goods are loaded, except as provided for in OAC 165:30-13-28.

 

(a) The Commission shall develop consumer protection information to be provided to each prospective household goods shipper or consignor.

(b) The consumer protection information shall contain the following:

(c) The Commission shall post the consumer protection information online, where it will be accessible to both household goods carriers and the general public.

(d) Every household goods carrier shall provide the consumer protection information to each prospective shipper or consignor when a written estimate is provided.

(e) Household goods carriers may reprint the consumer protection information for handout as provided by the Commission or include the information in their own brochure, including additional information and logos as desired, provided all information required by the Commission is accurately contained within the carrier's brochure and no information inserted by the carrier contradicts or nullifies the Commission required information.

 

(a) All household goods carriers shall obtain a written valuation selection from the shipper prior to shipment. A household goods carrier must ensure the shipper selects one of the two (2) following valuations:

(b) Shippers electing full value protection shall declare the total value of their shipment.

(c) Shippers electing full value protection must declare, in writing, any articles that exceed a value of $100 per pound, entitling the shipper to full recovery of the declared value of the article(s), not to exceed the declared value of the shipment.

(d) A household goods carrier shall not be liable for physical loss of or damage to any articles from external cause while being carried or held storage-in-transit due to:

(e) Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the point of shipment and the point of destination,

(f) The shipper shall indemnify carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.

(g) The shipper, upon tender of the shipment to carrier, and the consignee, upon acceptance of delivery of shipment from carrier, shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment including, but not limited to, sums advanced or disbursed by a carrier on account of such shipment. The extension of credit to either shipper or consignee for such unpaid charges shall not thereby discharge the obligation of the other party to pay such charges in the event the party to whom credit has been extended shall fail to pay such charges.

(h) If for any reason, other than the fault of the household goods carrier, delivery cannot be made to the address shown on the bill of lading or to another address of which carrier has been notified, the household goods carrier may, at its option, cause articles contained in the shipment to be stored in a warehouse selected by it at the point of delivery or at other available points at the cost of the owner, subject to a lien for all accrued charges.

(i) If shipment is refused by consignee at destination, or if shipper, consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by US mail addressed to shipper and consignee at post office addresses shown on the bill of lading, or if shipper fails or refuses to pay applicable charges in accordance with the written estimate, bill of lading and/or any valid amendments thereto, the household goods carrier may sell the property as follows:

(j) A shipper may not refuse a partial shipment due to loss of or damage to one or more articles.

 

(a) No household goods shipments may be loaded until a valid bill of lading has been prepared. A bill of lading must contain:

(b) A copy of the bill of lading must be provided to the shipper at the time of the shipper's signature. The bill of lading must be carried in the vehicle and presented to any law enforcement officer upon request.

(c) A bill of lading may be amended only prior to the loading of the shipment and upon mutual agreement between the carrier and the shipper except as provided for in OAC 165:30-13-28. The amendment must be signed by both parties.

(d) The bill of lading may not contain any language purporting to release or discharge the household goods carrier from liability, but may include a statement the property was received in apparent good condition except as noted on the delivery receipt.

 

   A household goods carrier may provide a blank or incomplete non-binding estimate, bill of lading or other blank or incomplete documents pertaining to the move, as long as all the relevant shipping information is contained within the document to determine the final charges except the actual final shipment weight or other information necessary to finalize the shipping charges. These blank or incomplete areas or forms must be so noted at the time of the carrier's and shipper's signatures.

 

(a) If the household goods carrier believes additional services are necessary to properly service a shipment after the bill of lading has been issued, the following actions must occur:

(b) The shipper is not required to pay for the additional services until a minimum of thirty (30) days after delivery.

(c) If the shipper requests additional services after the bill of lading has been issued, the following actions must occur:

(d) The household goods carrier may require full payment at delivery for the additional services, and for 100% of the original binding estimate.

(e) When the household goods carrier is not aware of the need for shuttle services for shipment delivery, and shuttle services are required for shipment delivery, the household goods carrier may require full payment at delivery for the shuttle service.

 

(a) All motor carriers of household goods shall conduct their operations in accordance with all applicable laws of the USDOT, State of Oklahoma and this Subchapter. All certificates heretofore or hereafter granted by the Commission are subject to applicable provisions of law and of this Subchapter as fully as if those laws and rules were set forth verbatim therein.

(b) No motor carrier of household goods shall operate or allow to be operated on the public highways of the State of Oklahoma any equipment that does not comply with safety criteria established by the USDOT, this Subchapter or, the statutes of the State of Oklahoma. No motor carrier of household goods shall permit any person to operate a motor vehicle in violation of any size or weight limits established by this Subchapter or statutes of the State of Oklahoma. Every person operating vehicles upon the public highways of this State shall meet the minimum safety standards as established by the USDOT and the statutes of the State of Oklahoma. Any vehicle which fails to meet safety criteria, or size and weight standards, or which is operated by any person under the influence of alcohol, amphetamines, stimulants or other drugs, in violation of this subsection shall be prevented from continued use of the public highways of the State of Oklahoma.

 

(a) Every motor carrier shall maintain accurate records of all operations, including work orders, estimates, bills of lading, freight bills, warehouse receipts, and complete information as to shipper, consignee, origin, destination, commodities hauled, charges, work performed, equipment used and date of shipment or work performed. All records shall be open to inspection at any time by an authorized agent of the Commission.

(b) All records required by this Subchapter shall be maintained at the location last designated by the motor carrier as its principal office. If no location in Oklahoma is so designated, upon demand, the records shall be made available at a location designated by the Commission, at the expense of the motor carrier.

(c) All books, records, accounts and other documents required by this Subchapter must be retained for a period of not less than three (3) years.

 

(a) Every vehicle used for transportation of household goods 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.

 

(a) Every motor carrier of household goods shall be liable for all loss, damage or injury it causes to goods or property while the same is being carried by it.

(b) A written claim shall be submitted to the household goods carrier and shall contain:

(c) A claim shall be filed within nine (9) months after delivery to consignee, or in the case of failure to make delivery, then within nine (9) months after a reasonable time for delivery has elapsed, except as provided for in (h) of this Section.

(d) A lawsuit shall be instituted against the household goods carrier within five (5) years from the date a notice is received by the claimant that the claim was denied or any portion of said claim was disallowed by the carrier.

(e) Every motor carrier of household goods, upon receipt of a claim in writing for loss of or damage to cargo during transportation, some portion of which was performed by that carrier, regardless of the form in which the claim is presented, shall:

(f) Acknowledgment of liability shall be accompanied by payment in full of the value of property lost or damaged except where subject to released value. When a shipper, in the event of loss or damage and without prior approval from the consignee, elects to release a shipment at a value less than the full value of the property shipped, said shipper will indemnify to the consignee the difference between the released value and the full value of the property shipped.

(g) Where intrastate shipments are received by the carrier of household goods from the shipper in apparent good order and with no exceptions noted on the bill of lading, and delivered by the carrier with written exceptions covering loss or damage thereto, the carrier shall have the burden of proof to establish nonliability for such loss or damage. Terms and conditions of the bill of lading contract referring to excepted causes shall remain applicable.

(h) Where intrastate shipments are received by the carrier of household goods from the shipper in apparent good order and with no exceptions noted on the bill of lading, and delivered by the carrier in the same manner with no exceptions noted, such concealed loss or damage claims must be submitted to the carrier by the shipper. Inspections covering loss or damage found after delivery must be requested to the delivering carrier in writing within fifteen (15) days after the delivery of the shipment involved. If more than fifteen (15) days have passed it is incumbent upon the consignee to offer reasonable evidence to the carrier or a representative of the carrier that loss or damage was not incurred by the consignee after delivery by the carrier.

(i) Every motor carrier of household goods shall maintain a separate numbered file on each claim for loss or damage, and shall keep in the file all documents, acknowledgments, instruments, correspondence, memoranda and other writings relating to the claim. Claim files shall be available at all times for inspection by Commission personnel and shall be retained for two (2) years after final disposition.

(j) If a carrier fails to process loss or damage claims as provided herein, or if it fails to express declinations of the claims in writing with proof of nonliability, the carrier may be found in contempt by the Commission after proper notice and hearing. Failure to pay any fine or otherwise resolve the complaint may result in a hearing by the Commission to determine if the operating authority of the carrier shall be revoked.

(k) Whenever property transported by a household goods carrier is damaged, or alleged to be damaged, and is as a consequence thereof not delivered or is rejected or refused upon tender thereof to the owner, consignee or person entitled to receive such property, the household goods carrier shall, after giving due notice to the owner and other parties that may have an interest therein and unless advised to the contrary after giving such notice, will undertake to sell or dispose of such property directly or by the employment of a competent salvage agent.

 

(a) All motor carriers of household goods shall comply with all provisions of OAC 165:30-3-37.

(b) Motor carriers of household goods shall not rent equipment, with or without driver, to a private carrier or to a shipper.

 

(a) An application to change the name or business name of the holder of an motor carrier of household goods certificate, without any change in the legal identity of the holder or any change in the ownership of the certificate, shall be filed on the appropriate form prescribed (TDF 3) under the permanent PIN of the holder with appropriate sub-number designation and with such filing fee as prescribed by law or by OAC 165:5. No notice or hearing shall be necessary unless the Commission so requires. Notice, if required, shall be as the Commission shall direct.

(b) Any change in legal identity of the holder of a motor carrier of household goods certificate, 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 certificate.

(c) Incorporation by a sole proprietor in which the sole proprietor is the sole shareholder of the corporation shall be deemed a name change. Incorporation by a partnership in which the partners are the sole shareholders of the corporation shall be deemed a name change.

(d) The merger of a corporate holder of a motor carrier of household goods certificate with another corporation under circumstances that the holder is not the survivor therein, shall require an original application for a certificate.

(e) The acquisition, through stock ownership or otherwise, of operating control of the business of the holder of a motor carrier of household goods certificate, by another holder of a certificate or by majority stockholders of a corporate holder, shall require an original application for a certificate.

(f) 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 require an original application for a certificate.

(g) The employment of incorporation, stock transfer, merger, change of name or similar action directly or indirectly as a device to circumvent the rules of this Chapter is prohibited.

 

   All motor carriers of household goods shall comply with all provisions of OAC 165:30-3-71.

 

   No motor carrier of household goods certificate, nor any part thereof, or rights thereunder shall be leased; nor shall the holder thereof sublet or in any manner permit the use thereof, or the exercise of any rights or privileges thereunder by another. Violation of this Section shall be grounds for revocation of the certificate, and shall be grounds for denial of an application for authority to operate as an intrastate motor carrier of household goods.

 

(a) All motor carriers of household goods shall comply with all provisions of OAC 165:30-3-75.

(b) Any person who willfully advertises to perform transportation services for which the person does not hold a proper certificate shall be subject to the penalties prescribed for contempt of the Commission.

(c) All advertisements must contain the motor carrier of household goods' USDOT number linked to the carrier's household goods certificate.

 

   All motor carriers of household goods shall comply with all provisions of OAC 165:30-3-76.

 

(a) Any motor carrier of household goods certificate 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.

(b) An application to revoke or suspend a motor carrier of household goods certificate 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 Commission's Rules of Practice, OAC 165:5.

(c) After hearing, the Commission may grant or deny the application, and may suspend, amend or revoke the certificate, 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 certificate as stated in the order.

 

   All motor carriers of household goods shall comply with all provisions of OAC 165:30-3-103.

 

(a) Every motor carrier of household goods, shipper, 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 requirements of this Chapter; or who fails to obey, observe or comply with any order, decision, rule, 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 One Thousand ($1,000.00) Dollars for the first violation and for the second violation within a year, a penalty not to exceed Five Thousand ($5,000.00) Dollars, 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 the 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/her 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.

 

   The public policy of this State, as declared by the Legislature, requires private carriers shall be regulated by the Commission to protect the public interest, the environment and the highways of the State of Oklahoma and ensure compliance with applicable safety, size and weight laws, rules and regulations.

 

(a) No intrastate private carrier, utilizing equipment with an actual weight, registered weight or combination weight or GVWR/GCWR in excess of twenty-six thousand (26,000) pounds and/or GCWR in excess of twenty-six thousand (26,000) pounds when the trailer's GVWR is greater than ten thousand(10,000) pounds, shall operate upon any street, road, public highway or dedicated public thoroughfare of this State for the transportation of property without first obtaining from the Commission a license as provided in this Section. A private carrier license is not required for a bona fide farmer transporting commodities from farm to market or market to farm; registered and valid non-profit organizations or any private carrier operating equipment leased or rented from a company that leases or rents vehicles on a commercial scale, provided the lease or rental contract is for thirty-one (31) days or less and a copy of the contract is carried in the vehicle. A license issued under this Subchapter shall not include transportation as a for-hire motor carrier. For-hire motor carriers must comply with Subchapter 3 and/or Subchapter 13 of this Chapter.

(b) Applicant may be issued a provisional intrastate license not to exceed ninety (90) days from the date application is filed, provided all requirements, with the exception of the educational compliance requirements, for the intrastate license have been met. Applicant must provide a written request for the provisional intrastate license. If the provisional intrastate license is issued, a copy of the provisional intrastate license must be carried in each vehicle operated by the Applicant.

(c) No intrastate private carrier license shall be issued to an applicant until all outstanding fines or judgments due the Commission or other state(s) regulatory agencies have been satisfied.

(d) An intrastate private carrier additionally conducting intrastate motor carrier operations under a valid motor carrier license, certificate or permit need not obtain a private carrier license.

(e) If a hearing is held, the applicant shall have the burden of establishing its ability to conduct operations in a safe and reasonable manner and in compliance with all applicable rules and laws of the State of Oklahoma and that it has furnished or will furnish proper proof of all insurance required by this Chapter and all applicable state statutes. The Commission may grant or deny the application or may impose conditions, stipulations and limitations on the license.

(f) All proceedings subsequent to the application, and the conduct of the hearing, shall be governed by applicable provisions of the Commission's Rules of Practice, OAC 165:5.

 

(a) Any private carrier desiring to continue intrastate private carrier operations as granted in its license, shall, prior to the date of license expiration, apply for renewal by submitting the appropriate application form (TDF 2) and all supporting documentation. Each renewal application shall be properly signed and attested to as follows:

(b) All intrastate private carrier licenses issued by the Commission shall expire the same calendar month as issued, and shall be valid for a period of one year, but may be renewed for up to three years. Carriers renewing licenses for more than one year must maintain all requirements of that license as prescribed in Part 3 of this Subchapter in order for the license to be valid.

(c) Renewal applications shall be accompanied by a filing fee as prescribed by the Commission, unless filed simultaneously with a sub application to modify operations.

(d) A renewal application may be set for hearing in the discretion of the Commission for good cause. All proceedings subsequent to the application, and the conduct of the hearing, shall be governed byapplicable provisionsof the Commission's Rules of Practice, OAC 165:5.

(e) An intrastate private carrier desiring to renew its license should apply for renewal of its license a minimum of thirty (30) days prior to its expiration.

(f) A renewal application will not be accepted if the license has previously expired, unless the Director of the Transportation Division reviews and approves the acceptance of the application for renewal.

(g) No intrastate private carrier license shall be renewed until all outstanding fines or judgments due the Commission or other state(s) regulatory agencies have been satisfied.

(h) No intrastate private carrier operations shall be performed under an expired private carrier license.

 

(a) No intrastate private carrier required to obtain a private carrier license whose principal place of business is in Oklahoma shall conduct any operations in this State unless such operations are covered by a valid primary bond or insurance policy issued by an Oklahoma State Insurance Commission authorized provider. No private carrier required to obtain a private carrier license shall conduct any operations in this State unless such operations are covered by a valid bond or insurance policy issued by a NAIC certified state insurance commission licensed provider. No holder of a license shall conduct any operations before a proper certificate of insurance(s) has been filed with, and approved by the Commission. A surety bond containing all obligations provided by this Section may be substituted for an insurance policy.

(b) Every intrastate private carrier of property is required to obtain a private carrier license, and shall file with, and must be approved by, the Commission a certificate on Form E or G certifying that there is in effect a valid bond or insurance policy covering operations in Oklahoma to protect the public against loss of life, injury and property damage in minimum amounts, of combined single limits, for bodily injuries to or death of all persons injured or killed in any accident, and loss or damage in any one accident to property or other (excluding cargo), as follows:

(c) The Commission may by order grant authority to operate or to continue operating as a private carrier conditional upon carrying insurance coverage in amounts larger than prescribed by (b) of this Section.

(d) No certificate of insurance or surety bond filed with the Commission pursuant to this Section shall be canceled, unless the authorization to conduct operations has been canceled, except after thirty (30) days written notice made to the Commission, on Form K or L, which notice shall be effective only upon actual receipt thereof by the Commission.

(e) Insurance certificates or surety bonds may be canceled without the thirty (30) days written notice on Form K or L only when the authorization to operate has previously expired or cancelled, the carrier provides an affidavit stating no operations have been conducted and the effective date of the cancellation notice is not before the date the cancellation notice is received in the Commission.

(f) Insurance certificates or surety bonds not properly cancelled or expired shall be considered expired one (1) year after the carrier's authorization to operate has been cancelled or expired.

(g) Insurance certificates or surety bonds approved by this Commission shall be replaced by more recent insurance certificates or surety bonds. The liability of the retiring insurer or surety shall be terminated as of the effective date of the replacement insurance certificate or surety bond provided the replacement is approved by this Commission.

(h) No certificate of insurance shall be filed with the Commission which contains a provision to the effect that liability thereunder may be limited or avoided because of the culpability, the recklessness, or the condition of the driver of the vehicle involved or any other restriction relating to the driving or operation of the vehicle.

(i) Every certificate of insurance filed with the Commission shall automatically provide that the public is protected from damage sustained through operations of any and all vehicles operated by the private carrier insured, whether or not listed or identified in the policy; and that liability is not limited by the description of any particular vehicle or route which may be traveled by the motor vehicle in transporting passengers or property under the license.

(j) Every certificate of insurance filed with the Commission shall be executed by an officer or authorized agent of the insurance company; and if executed by an agent, a copy of his written authority or power of attorney to execute the same shall be attached to the certificate.

(k) When insurance is provided by more than one insurer in order to aggregate security limits for private carriers, a separate insurance certificate and endorsement is required of each insurer. For each motor carrier, no more than one (1) primary insurance filing and no more than two (2) excess insurance filings shall be approved.

(l) Every private carrier shall maintain in force at all times all insurance required by state laws and by this Section. Failure for any cause to maintain any required insurance in force on file with the Commission shall automatically and without notice suspend the license of a private carrier until proper insurance is filed.

(m) Whenever the license of a private carrier is suspended for failure to maintain in force insurance required by this Section on file with the Commission, the carrier must file, within sixty (60) days after commencement of the suspension, proper certificate(s) of insurance as provided in this Section and a sufficient showing, by affidavit or otherwise, that no operations were conducted during the period that insurance was not in force (TDF 18).

(n) Whenever a private carrier fails to provide proper certificates of insurance within sixty (60) days after suspension thereof as provided in this Section, the private carrier's license shall be cancelled by operation of law, and without notice. A license so cancelled shall not be reinstated or otherwise made operative except upon proper showing, at a hearing, that the private carrier was actually covered by proper insurance or proper certificate during the suspension or cancellation period, and that failure to file with the Commission was not due to the private carrier's own negligence.

(o) 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 one hundred eighty (180) days. The one hundred eighty (180) day period shall be determined by either the date insurance on file expires or the date a violation is discovered, whichever occurrence is later.

 

(a) Any notice required by law, the Commission's Rules of Practice, OAC 165:5, or this Subchapter to be served upon or mailed to any holder of a private carrier license shall be delivered or mailed to the last known email or mailing address as reflected by the records of the Commission. It is the duty of every holder of a private carrier license to notify the Transportation Division by specific written request (TDF 17) of any change in the email address, address of the principal place of business or mailing address thereof.

(b) Any non-resident private carrier who has not filed a written designation of service agent with the Commission shall be deemed to have designated the Secretary of State of Oklahoma for the purpose of service of process by the Commission.

(c) Where such notice is required by law, Commission's Rules of Practice, OAC 165:5, or this Subchapter is returned undeliverable, it will be grounds for revocation of the private carrier license.

 

(a) An application to change the name or business name of the holder of an intrastate private carrier license, without any change in the legal identity of the holder or any change in the ownership of the license, except as provided in subsections (c), (d) or (e) below, shall be filed on the appropriate form prescribed (TDF 3) under the permanent PIN of the holder with appropriate sub-number designation and with such filing fee as prescribed by law or by Commission rule. No notice or hearing shall be necessary unless the Commission so requires. Notice, if required, shall be as the Commission shall direct.

(b) Any change in legal identity of the holder of an intrastate private carrier license, except as provided in subsections (c), (d) or (e) 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 license.

(c) 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.

(d) 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.

(e) The merger of two or more corporations in which the survivor is the holder of a current license shall be deemed a name change.

(f) 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.

(g) 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.

 

(a) Every private motor carrier operating upon the public highways of the State of Oklahoma shall obtain and display a current identification device issued by this Commission, for each power unit operated by said private motor carrier and make it available for inspection upon request.

(b) No identification device may be sold or otherwise transferred.

(c) Identification devices found to be in the possession of a carrier not authorized will be confiscated and returned to the Commission by the motor carrier enforcement officer.

(d) No identification devices will be issued to any private motor carrier who does not meet all statutory, regulatory and Commission requirements.

(e) Identification device(s) must be acquired prior to the expiration of each annual expiration of a multiple year renewal license to extend the motor carrier license. Failure to timely acquire the identification device(s) will cause the motor carrier license to expire. Failure to acquire the identification device(s) within 30 days of the expiration of the license will cause the motor carrier license to automatically expire and become subject to reinstatement rules as prescribed in OAC 165:30-3-103.

 

   All intrastate private carriers transporting any deleterious substance(s) shall comply with all provisions of 165:30-3-13.

 

   Every motor vehicle of 26,001 pounds GVWR or greater operated by an intrastate private carrier shall comply with the provisions of 165:30-3-17.

 

   All intrastate private carriers shall comply with all provisions of 165:30-3-31.

 

   All intrastate private carriers operating a motor vehicle with a GVWR or GCWR in excess of 26,000 pounds shall comply with all provisions of 165:30-3-32.

 

   All intrastate private carriers shall comply with all provisions of 165:30-3-34.

 

   All private carriers engaged in intrastate commerce, utilizing equipment other than carrier owned, shall be required to carry a copy of a lease agreement or contract in the vehicle at all times.

 

   No intrastate private carrier license, nor any part thereof, or rights thereunder shall be leased; nor shall the holder thereof sublet or in any manner permit the use thereof, or the exercise of any rights or privileges thereunder by another, except as provided in this Section. Violation of this Section shall be grounds for revocation of the license, and shall be grounds for denial of an application for a new or renewed license.

 

 

 

   All intrastate private carriers shall comply with the provisions of 165:30-3-71.

 

   In addition to the procedures set forth in the Oklahoma Statutes and in the Oklahoma Corporation Commission Rules of Practice, OAC 165:5 regarding the procedure in proceedings as for contempt, the procedures as set forth in 165:30-3-76 may be followed for violation of any provision of law or of the rules of this Subchapter.

 

   All private carriers shall comply with the provisions of 165:30-3-92.

 

(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.

 

(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.

 

   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.

 

   All motor carriers engaged in interstate private commerce shall comply with all provisions of OAC 165:30-10-1.

 

   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.

 

   All motor carriers engaged in interstate private commerce shall be required to carry at all times documents that establish legal possession of cargo.

 

(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.

 

(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.

 

   All interstate private carriers shall comply with all provisions of OAC 165:30-3-71.

 

   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.

 

   All motor carriers engaged in interstate private commerce shall comply with all provisions of OAC 165:30-3-92.

 

   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.

 

(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.

 

(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.

 

   The Commission will cooperate with other base states in exchanging information and transmitting funds relating to motor carriers registered and permitted under the Alliance.

 

(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.

 

(a) A motor carrier with its principal place of business in Oklahoma, or that designates Oklahoma as its base state, shall register as a hazardous waste transporter with and obtain a permit from the Commission before transporting a hazardous waste in or through Oklahoma. A motor carrier that designates another participating state as its base state shall register as a hazardous waste transporter and obtain a permit from that state before transporting a hazardous waste in or through the state of Oklahoma.

(b) A motor carrier who engages in interstate or intrastate transportation of a hazardous waste and who is required to register its hazardous waste transportation in Oklahoma shall file parts I, II and IV of the uniform application (UPW) with the Commission and pay the prescribed fees for registration and permits for its Oklahoma waste transportation as well as fees for reciprocal states.

(c) Upon a motor carrier's compliance with this Subchapter, the Commission shall issue a Hazardous Waste Registration and/or Permit to the motor carrier within ninety (90) days. Motor carriers must maintain valid liability insurance on file with this Commission in accordance with OAC 165:30-3-11. Failure to do so shall subject the registration or permit to revocation.

(d) The Commission shall not issue a registration or permit to a motor carrier if the Commission determines that a motor carrier's conduct would constitute grounds for suspension or revocation under this Subchapter. The Transportation Division may elect to request additional information from the motor carrier to support the motor carrier's application for registration and/or permit. Additional information requested shall be based upon the motor carrier's compliance with the federal motor carrier safety regulations.

(e) A registration is valid for one (1) year and a permit is valid for three (3) years unless the motor carrier fails to renew its registration, the permit is suspended or revoked or there is a substantial change in the motor carrier's operations during the permitting period.

(f) Each motor carrier shall file a Part I - Registration of the uniform application (UPW - Part I) on an annual basis. However, for the first year after the effective date of this Subchapter, the Transportation Division may stagger the registration date for motor carriers. Registration fees shall be apportioned for any quarterly time frame exceeding one (1) year.

(g) Each motor carrier shall additionally file a Part II - Permitting of the uniform application (UPW - Part II) every (3) three years. However, for the first year after the effective date of this Subchapter, the Transportation Division may divide the total pool of applicants to be granted a uniform permit into three (3) classes. The first class may be granted uniform permits with a term of one (1) year; the second class may be granted uniform permits with a term of two (2) years; and the third class may be granted uniform permits for three (3) years. Permit fees shall be apportioned for any permit time not equaling a three (3) year time frame.

(h) Each uniform registration and permit application shall contain certification by a responsible official of the applicant who is authorized to certify applications for registrations and permits on behalf of the applicant. Such certification shall contain the following statement, "I certify that, to the best of my knowledge and after due investigation, the information contained in this application is true, accurate, and complete" and shall contain the name, title, and telephone number of the official certifying the application. Such certification must be signed and dated by the official certifying the application.

(i) No registration or permit shall be issued to a motor carrier with outstanding fines owed to another state agency.

(j) A registered and permitted motor carrier shall maintain a copy of its valid registration and permit for Hazardous Waste in each vehicle when transporting a hazardous waste.

(k) The hazardous waste registration and permit are nontransferable.

 

   All motor carriers shall comply with the provisions of 165:30-3-11.

 

(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.

 

(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.

 

   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.

 

   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.

 

   All motor carriers shall comply with the provisions of 165:30-3-17.

 

   All motor carriers engaged in interstate commerce will be required to carry a copy of the lease contract in each and every power unit.

 

(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.

 

   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.

 

(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:

 

   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.

 

(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:

(b) In determining if a motor carrier has exhibited reckless disregard for the public and the environment in violation of this Subchapter, the Commission shall consider;

(c) The Director of the Transportation Division may deny the issuance of a motor carrier's application based upon reasons as specified in this Section. An application may merit the Division's request for additional information from the motor carrier to show compliance with safety regulations.

(d) A motor carrier who wishes to contest a denial, suspension, or revocation is entitled to a hearing under the procedures as specified in the Commission's Rules of Practice, OAC 165:5.

 

   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.

 

   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.

 

   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.

 

   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.).

 

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:

 

(a) Before a vehicle can be proportionally registered in the state of Oklahoma the applicant or registrant must:

(b) Application for registration may be made at any time during a registration year.

(c) Applicants for proportional registration, whose fleet size exceeds 25 vehicles, are required to file electronically to avoid additional processing fees. Fleet size is determined by the number of vehicles registered or to be registered by the registrant.

(d) Application for registration may be submitted through the mail to the address posted on the Commission's website, or by applying in person at the address posted on the Commission's website..

(e) No application for proportional registration shall be processed unless the applicant has submitted the documentation required in (a) of this Section. Failure to submit the required documentation shall result in denial of the application.

(f) If an approved IRP application must be unapproved, corrected, and/or re-approved due to additional information submitted by the applicant after the initial approval or due to an error committed by the applicant, a reprocessing fee may be assessed as established by OAC 165:5-3- 1.

(g) Since registration with the Plan can affect other jurisdictions' registration fees and tax receipts, the Transportation Division must be diligent in ensuring that those registrants with Oklahoma as their base jurisdiction are indeed entitled to base in Oklahoma.

(h) Non-expiring commercial trailer license plates are issued for trailers used in commercial enterprises regardless of their size or weight (other than trailer mounted special mobilized machinery and trailers used for transporting forest products). Once statutory registration fee(s) and any additional fees set by the Commission established by OAC 165:5-3-1 are remitted, a license plate will be issued upon the initial registration or any subsequent transfer of ownership. Trailer renewal fees, as established by statute and OAC 165:5-3-1, shall be paid annually to maintain active registration status.

(i) Buses operating in more than one IRP jurisdiction are the only buses eligible for registration by the Commission and are subject to applicable rules of this Chapter. Registration fees for such vehicles are generally based on seating capacity.

 

(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:

 

(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:

(b) Specific compliance provision (IRP Decis. 99-4). An "established place of business" as utilized in these rules and in Section 305 of the International Registration Plan cannot be provided for the applicant or registrant by or in the form of a registration agent or other third party.

(c) Physical structure. A physical structure, owned, leased, or rented by the applicant or registrant, wherein operational records of the fleet can be made available for audit purposes, must be evidenced by:

(d) Person or persons conducting applicant's or registrant's business. The person conducting the trucking-related business of the applicant or registrant must be in the permanent employment of the applicant or registrant, as evidenced by submission of the applicant's or registrant's federal employer's identification or other identification number and verification by the Commission that the applicant or registrant is an employer for the purposes of Oklahoma Withholding.

(e) Specific compliance provision (IRP Decis. 99-4). An applicant or registrant may not utilize a registration agent or its employees to satisfy the requirement of the presence of a person or persons in this state conducting the applicant's or registrant's business.

(f) Use of registration agent. Nothing in this Section shall be construed as prohibiting a registration agent from preparing or filing proportional registration applications or other documents for an applicant or registrant who meets the requirements set forth in this Section.

(g) Resubmission of documentation. Registrants with accounts in good standing may not be required to resubmit the established place of business indicia each year, provided that the established place of business remains unchanged since previously documented to the satisfaction of the Commission. To avail itself of this provision, the registrant must certify to the Commission under penalties of perjury that the registrants' established place of business has not changed. Nothing herein shall prevent the Commission from periodically requiring registrants to re-submit documentation of their established place of business. Registrants will periodically be required to resubmit established place of business documentation in accordance with the schedule established by the Commission.

(h) False or fraudulent submission. Applicants who knowingly provide false or fraudulent information or abuse the provisions of 165:30-19-3 shall have their registration credentials immediately revoked and will be denied further application.

 

(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:

(d) The Transportation Division shall make its decision on whether the applicant has met its burden of proof based on the totality of the evidence presented.

 

   Operational records shall be documents supporting miles traveled in each jurisdiction and the total miles traveled. These documents can be fuel reports, trip sheets, logs, or computer runs that can be supported by source documents, when requested. An acceptable source document to verify fleet mileage is some type of Individual Vehicle Distance Record (IVDR). IVDRs should contain the following basic information:

 

(a) Operational records must be maintained for a period of three (3) years after the close of the registration year for which the records were included in the application. Failure to maintain the required records may result in an assessment in accordance with Section 1015 of the IRP.

(b) Failure to make records available upon proper request shall result in an assessment in accordance with Section 1015 of the IRP.

(c) Failure to maintain or make records available may also subject the registrant to denial of apportion privilege.

 

   Failure to pay any additional fees shall constitute cause for denial, suspension or revocation of the registration and reciprocal privileges of the registrant, and notification to other IRP jurisdictions.

 

   When an application for renewal of proportional registration is not received on or before the first day of the month of expiration, the applicant cannot be assured that a registration cab card and plate will be issued for display of credentials prior to the enforcement date. Registrants whose renewal application is not received on or before the expiration date must renew all vehicles in their fleet unless proof of disposition of these vehicles is provided. If this proof shows that the vehicle(s) were disposed of after expiration, those vehicles must be included in the renewal fleet. Registrants whose renewal application is not received on or before the expiration date shall be subject to enforcement for display of credentials on the day following the expiration date.

 

(a) Credentials for the current registration year may be displayed upon receipt, but shall be displayed on the vehicle by 12:01 a.m., on the enforcement date, since enforcement for display of current registration year credentials will begin on the enforcement date, unless extended by the Commission.

(b) Registrants whose renewal application is not received on or before the expiration date cannot avail themselves of the grace period and shall be subject to enforcement.

(c) Vehicles apprehended for improper registration credentials may be subject to arrest and fine in the jurisdiction in which the violation occurs.

(d) IRP apportioned registration does not include special fuel requirements, operating authority or over dimensional and overweight permits.

 

(a) After an original application has been filed, vehicles can be added, deleted, or registration weight increased by filing a supplemental application form.

(b) Registration fees for supplemental applications are calculated from the date of purchase or lease, unless the vehicle was previously registered in the fleet, then the fees shall be calculated upon an annual rate. For registrants who do not have possession of equipment on the date they purchased it, fees may be calculated from the date the equipment came into possession of the registrant. Registrants who wish to avail themselves of this provision must provide documentation of the receipt date of the equipment to the Transportation Division. In no case should the effective date of the registration be after equipment is placed in service.

(c) When a supplemental application is filed to add a unit and delete a similar unit, a credit of the registration fees paid on the deleted unit will be given toward registration of the added unit for those states that allow credit. Credit is only available for vehicles subsequently added to the fleet in the registration year in which the credit was created. In no event shall credit be allowed for fees beyond such registration year. Credits are not transferable between fleets. In order for credit to be given on the registration fees, the cab card and license plate for the deleted vehicle must be returned with the supplemental application, or an affidavit of destruction must be submitted with the supplemental application. Under no circumstances can a license plate be transferred from one vehicle to another. No refund for unused deletion credits will be given for a deleted vehicle.

(d) Supplemental applications may be filed with a future effective date to add a unit before the unit is placed in service. In no case shall the registration effective date be more than sixty (60) days after the filing date of the supplemental application. When a unit is added with a future effective date but the unit does not become part of the fleet, no refund of the fees will be allowed. The unit may be deleted and the resulting deletion credits may be used toward the addition of subsequent unit.

(e) If the license plate is lost, an affidavit may be submitted in lieu of the plate.

(f) When the motor carrier is responsible for safety changes during a registration year, the registrant is required to file for a cab card change for each vehicle. The cab card change application shall include the new motor carrier responsible for safety's USDOT number and taxpayer identification number (social security or federal employee).

(g) When an owner operator is no longer contracted with a motor carrier, the motor carrier must delete that vehicle from its IRP vehicle registration fleet. The Transportation Division may delete a vehicle from a registrant's IRP fleet if the new registrant presents the proper documentation showing a new carrier responsible for safety.

 

(a) If operational records are not maintained at a location within the State of Oklahoma and cannot be made available for audit at a location within Oklahoma, the registrant may be required to reimburse the Corporation Commission, for expenses incurred for performance of an audit at a location outside Oklahoma.

(b) Registrants selected for audit whose fleet size exceeds two hundred (200) vehicles are required to submit detailed records in the electronic format established by the Commission in order to conduct an audit.

 

(a) Any actual distance operated during the reporting period must be filed with the renewal application. If no actual distance was incurred in any jurisdiction during the reporting period, then the average-per-vehicle distance per member jurisdiction chart must be used to renew the fleet registration.

(b) If a registrant does not travel in more than one (1) jurisdiction for an entire registration year plus an additional six (6) months, the registrant is presumed not to intend to travel in more than one (1) jurisdiction, and therefore does not qualify for apportioned registration. That presumption may be overcome by current documentation of actual out of state travel presented by the registrant, which must be confirmed and approved by the Transportation Division.

 

(a) An application will be denied if it is not properly completed. It is the responsibility of the applicant or registrant to submit all information required by the application instructions and attach all necessary documentation.

(b) The applicant or registrant or his agent will be notified if an application is denied and the reasons therefore or if additional information is needed.

(c) An application that has been denied may be resubmitted by the applicant or registrant but will be processed as a new application upon receipt of the resubmission.

(d) If the applicant believes that the application was wrongfully denied, the applicant may, within thirty (30) days from the notice of denial, file a written protest of the denial with the Transportation Division under the provisions of OAC 165:5.

(e) No extensions, temporary operating authority, or temporary credentials will be issued for vehicles listed on a denial application.

 

   New fleet vehicles, or vehicles being added to any existing fleet, must have some form of temporary registration prior to operation if permanent IRP credentials have not been issued. All forms of temporary registration are valid for the period shown and will be honored by all IRP jurisdictions when properly completed and validated.

 

(a) New registrants may be contacted within six (6) months of registration to determine if required records are being maintained and give guidance on maintaining proper records. Initial contact will be by telephone or in writing. If the initial contact is unsuccessful, contact will be made by visiting the registrant's established place of business or residence.

(b) New registrants who are not maintaining proper records at the time of initial contact will be provided guidance on maintaining proper records.

(c) The Commission will then notify the registrant who has received guidance pursuant to subsection (b), in writing, of the date on which proper second-year operational records must be made available by the registrant for inspection.

(d) If at that time, the registrant is unable to provide proper second-year operational records, the registrant will not be allowed to apportionally register in Oklahoma for the third year without a complete pre-registration audit of the renewal application.

(e) The Administrator of the IRP Section may deny or revoke the issuance of a registrant's IRP credentials based upon the registrants' motor carrier being placed out of service by the Federal Motor Carrier Safety Administration.

(f) A registrant who wishes to contest a denial, or revocation, of registrants' credentials is entitled to a hearing under the procedures contained in Subchapter 25 of the Commission's Rules of Practice, OAC 165:5.

 

(a) A seventy-two (72) hour trip permit provides full registration to trucks, truck-tractors, trailers, semi trailers, and motorbuses, which are not registered in Oklahoma.

(b) An unladen permit, otherwise known as a hunters permit, provides temporary registration to an apportionable vehicle at the unladen weight of the vehicle for a period of forty-five (45) days.

 

(a) Reference to the International Registration Plan ("IRP"). When reference is made to the International Registration Plan or "IRP", it shall mean, unless the context clearly indicates otherwise, the registration reciprocity agreement among the various states of the United States and the provinces of Canada, including the Audit Procedures Manual, which provides for payment of license fees for apportionable vehicles on the basis of fleet miles operated in the various jurisdictions, to which Oklahoma is a signatory state, as published by International Registration Plan, Inc., as currently amended.

(b) Incorporation. The following Articles are, unless otherwise specifically provided, incorporated by reference in their entirety:

(c) Inclusion of IRP citations and definitions. When a provision of the IRP is incorporated by reference, all citations and definitions contained therein are also incorporated by reference.

(d) Inconsistencies or duplication. In the case of any inconsistency or duplication between the requirements of those provisions incorporated by reference in this Section, and the rules set out in this Subchapter, the provisions incorporated by reference shall prevail, except where rules set out in this Subchapter are more particular. The provisions incorporated by reference are subject to any limitations provided by Oklahoma law.

(e) IRP can be found online at http://www.irponline.org

 

   The provisions of this Subchapter have been promulgated to facilitate the administration, enforcement, and collection of motor fuel taxes under the International Fuel Tax Agreement (IFTA) and Oklahoma Motor Fuel Tax Code (68 O.S. §§ 601 et seq.).

 

In addition to terms defined in the IFTA, the IFTA Audit Manual, and the IFTA Procedures Manual, the following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

 

   Any person based in Oklahoma operating a qualified motor vehicle(s) in two or more member jurisdictions is required to license under this Agreement, except as indicated in IFTA Articles of Agreement Sections R310 and R500.

 

(a) In lieu of motor fuel tax licensing under IFTA, persons may elect to satisfy motor fuels use tax obligations for up to one hundred twenty (120) consecutive hours by purchasing a Fuel Permit.

(b) Fuel permits are valid for a period of one-hundred twenty (120) hours from the time the permit is effective, and may be obtained from the Commission or one of the authorized fuel permitting services. Once a fuel permit is issued, no refunds will be allowed.

(c) A fuel permit effective date shall not be more than seventy-two (72) hours from the time it is issued.

 

   A person shall file an application for licensing with the Commission on the prescribed form. The fuel tax license application shall have the following specified content:

 

   Tax licensing under the International Fuel Tax Agreement shall be in the name of the licensee. IFTA Articles of Agreement Section R500 designates the party responsible for reporting and payment of fuel taxes in the case of lessors/lessees, independent contractors, and household goods agents.

 

(a) Upon receipt of an IFTA fuel tax license application from a new or renewing applicant, the Commission shall check all entries on the application to ensure that they are complete. If the Commission feels more information is required, the licensee should immediately be contacted requesting the required information. Upon being satisfied that the application is correct and all fees prescribed by law or Commission rule have been paid, the Commission shall issue the fuel tax credentials for the fleet.

(b) The Transportation Division may withhold issuing requested decals if fulfilling the request would result in the licensee having over 25% more decals in their possession than their fleet size. If the Division withholds decals under this provision, it will only withhold that portion of the decal request that causes the licensee's decal inventory to exceed the 25% figure.

(c) IFTA licensees are required to account for all decals issued to them under the IFTA program. Licensees must ensure that decals are assigned only to vehicles that are subject to the fuel and distance requirements of the IFTA program of the licensee. Decals, not issued to vehicles subject to fuel and distance requirements, must be produced for inspection upon request of the Transportation Division. Failure to adequately account for decals, or produce decals for inspection, may subject the licensee to penalty of $250 per decal.

(d) Applicants for an IFTA fuel tax licensee are required to file for their license electronically if theirfleet size exceeds 25 vehicles to avoid additional processing fees. Fleet size is determined by the number of decals applied for in the current license year.

(e) Licensees whose fleet size exceeds 25 vehicles are required to file all quarterly returns electronically to avoid additional processing fees. Fleet size is determined by the number of decals purchased in the current license year.

 

   A license will not be issued if the applicant has been previously licensed under the IFTA and that license is still under revocation by any member jurisdiction or the application contains any misrepresentation, misstatement, or omission of information required in the application.

 

   To protect the interests of the State of Oklahoma and the member jurisdictions of the International Fuel Tax Agreement, the Commission may, for cause, require licensees to file a surety bond payable to the State of Oklahoma for motor fuel taxes accruing against the licensee as a result of the IFTA program. Bonds may be required for failure to file timely returns, or remittances, or when an audit indicates problems severe enough that, in the Commission's discretion, a bond is required to protect the interests of Oklahoma and the member jurisdictions.

 

   Licensees who are required to post a surety bond shall provide the equivalent of at least twice the estimated average tax liability for the reporting period for which the licensee will be required to file a tax return. The Commission will direct that licensees required to post surety for severe audit problems, provide surety in the amount of the established audit liability, or at least twice the estimated average tax liability for the reporting period for which the licensee will be required to file a tax return depending on the circumstances, or BOTH if the Commission deems the problem severe enough.

 

(a) A renewal license and decals for the following calendar year will be issued upon application and payment of all fees prescribed by law or rules of the Commission, if the license has not been revoked or canceled, all returns have been filed, and all motor fuels use taxes, penalties and interest due have been paid.

(b) Licensees whose renewal application is not received on or before the expiration date shall be subject to enforcement for display of credentials on the day following the expiration date.

 

(a) The Administrator of the IFTA Section may deny the issuance of a motor carrier's IFTA license based upon the motor carrier's failure to provide IFTA returns and/or remittances to other member jurisdictions, or to prove it is qualified to obtain a IFTA license, or may revoke an IFTA license issued under 68 O.S. § 607 (E) if he determines a motor carrier has:

(b) The Administrator of the IFTA Section may reinstate or deny reinstatement of an IFTA license if the following conditions exist:

(c) A motor carrier who wishes to contest a denial, revocation, or a reinstatement denial is entitled to a hearing under the procedures contained in the Commission's Rules of Practice, OAC 165:5.

(d) A motor carrier is subject to a contempt citation when its IFTA License is revoked.

(e) A field contempt citation may be issued to any motor carrier operating with a revoked Oklahoma IFTA license.

 

(a) Every person licensed under 68 O.S. § 607 shall make and transmit to the Commission, on or before the last day of April, July, October and January of each year, upon a form prescribed and furnished by the Commission, a verified quarterly return, showing the total distance traveled by the licensee in all jurisdictions and the total volume (in gallons) of motor fuel or diesel fuel purchased or received in each jurisdiction on which the motor fuel tax levied by that jurisdiction has been paid to that jurisdiction. The return will also show the total distance and the total taxable distance traveled by the licensee in each IFTA jurisdiction, and the total volume (in gallons) of motor fuel or diesel fuel consumed in each IFTA jurisdiction. The total volume (in gallons) of motor fuel or diesel fuel purchased or received in each IFTA jurisdiction shall be deducted from the total number of gallons of motor fuel or diesel fuel consumed by the licensee in each jurisdiction to determine the number of gallons of motor fuel or diesel fuel upon which each jurisdictions' motor fuel tax is to be computed and paid.

(b) Every person licensed under this article who travels less than five thousand (5,000) miles distance in all jurisdictions other than Oklahoma, based upon the four most recently filed consecutive quarterly returns, may request approval, at the option of the Commission, to file an annual return in lieu of filing the quarterly return.

 

   Every licensee at the time of filing each quarterly report shall report and pay to the Commission the full amount of tax due for the preceding quarter at the rates provided for on the return. The completed report and tax remittance are due and payable on the first day of the succeeding quarter for which the report is filed, and if not paid, is delinquent from and after the last day of such month. If the last day of the month falls on a Saturday, Sunday, or legal holiday, the next business day shall be considered the final filing date.

 

(a) When any licensee fails to submit to the Commission any report required or the full amount of the tax due hereunder before the delinquency date, the licensee shall pay, in addition to the interest provided for herein, a penalty of Fifty Dollars ($50.00) or 10% of the tax due, whichever is greater, for each occurrence.

(b) Penalty may be waived by the Commission for good cause shown when requested in writing by the licensee within 30 days of assessment or the filing of a return showing penalty due. The Transportation Division is authorized by the Commission to waive penalty amounts equal to or less than $1,000 for good cause shown. Good cause while not limited to the items below may include:

(c) Licensees who desire a waiver of penalty amounts greater than $1,000 must file an appeal with the Court Clerk's Office in accordance with Commission administrative procedures.

 

(a) When any licensee fails to make a required tax remittance to the Commission before the delinquency date, the licensee shall pay, in addition to the penalty provided for herein, interest in the amount as prescribed in the IFTA. When delinquencies of a fractional month occur, the effected jurisdictions will not receive their tax payments until the following transmittal month. Therefore, interest on delinquencies for a fractional portion of a month shall be calculated at the full month rate.

(b) In accordance with the International Fuel Agreement, the Commission cannot waive interest assessed and/or paid by a licensee on behalf of other jurisdictions. Licensees desiring other jurisdiction(s) interest waivers must receive written authorization from the other jurisdiction(s) and present such waivers to the Transportation Division. Upon confirmation, the Transportation Division may remove the amounts from an assessment, or if previously paid, refund those amounts to the licensee.

(c) Interest due on Oklahoma's portion of fuel taxes remitted on an IFTA quarterly return may be waived by the Commission for good cause shown. Good cause, while not limited to the items below, may include:

(d) Licensee's who desire waiver of interest amounts greater than $1,000 must file an appeal with the Court Clerk's Office in accordance with OCC administrative procedures.

 

(a) When reference is made to IFTA, it shall mean, unless the context clearly indicates otherwise, the motor fuel use tax reciprocity agreement between the United States contiguous states and certain Canadian provinces, including the Procedures Manual and the Audit Manual, 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, as published by International Fuel Tax Association, Inc., as amended. IFTA can be found online at https://www.iftach.org.

(b) The following Articles are, unless otherwise specifically provided, incorporated by reference in their entirety:

(c) When a provision of the IFTA is incorporated by reference, all citations and definitions contained therein are also incorporated by reference.

(d) In the case of any inconsistency or duplication between the requirements of those provisions incorporated by reference in this Section, and rules set out in this Subchapter, the provisions incorporated by reference shall prevail, except where the rules in this Subchapter are more particular. The provisions incorporated by reference are subject to any limitations provided by Oklahoma law.

 

   Operational records shall be documents supporting miles traveled in each jurisdiction and the total miles traveled. These documents can be fuel reports, trip sheets, logs or computer runs that can be supported by source documents, when requested. An acceptable source document to verify fleet mileage is some type of Individual Vehicle Distance Record (IVDR). IVDRs should contain the following basic information:

 

(a) An IFTA licensee shall retain the records of its operations to which IFTA reporting requirements apply for a period of four (4) years following the date the IFTA tax return for such operations was due or was filed, whichever is later, plus any period covered by waivers or jeopardy assessments. Failure to maintain the required records may result in an assessment in accordance with the IFTA Procedures Manual.

(b) Failure to make records available upon proper request shall result in an assessment in accordance with the IFTA Procedures Manual.

(c) Failure to maintain or make records available may also subject the licensee to revocation of its IFTA license or denial of the issuance of a license.

 

(a) If operational records are not maintained at a location within the State of Oklahoma and cannot be made available for audit at a location within Oklahoma, the licensee may be required to reimburse the Corporation Commission, for expenses incurred for performance of an audit at a location outside Oklahoma.

(b) Licensees selected for audit whose fleet size exceeds two hundred (200) vehicles are required to submit detailed records in the electronic format established by the Commission in order to conduct an audit.

 

(a) A motor license agent shall adhere to the IRP application and processing requirements as conveyed by the Commission. A motor license agent's permission to process IRP applications may be rescinded without notice for repeated failure or refusal to follow such requirements.

(b) A motor license agent shall be responsible for errors in tax application, computations, and/or fee computations and collections while performing registration of vehicles pursuant to Section 1120 of Title 47 of the Oklahoma Statutes.

(c) Upon demand for payment, the motor license agent must, within 15 days, remit the full amount of any error determined to be due, or if unable to pay the full amount, the agent may make a written request to the Commission for consideration of an extension of time to remit monies due.

 

(a) No fees may be charged to a taxpayer/registrant by a MLA for any service rendered pertaining to the processing of IRP applications other than fees as set forth in 47 O.S. § 1141.1, 1143 or any other Oklahoma statute that sets forth a MLA fee.

(b) All fees assessed a taxpayer/registrant must be documented in the MLA's records so they may be identified as to type, upon inquiry by the affected taxpayer/registrant or the Corporation Commission.

(c) All fees assessed a taxpayer/registrant by a MLA must be itemized and contained on a receipt provided to the taxpayer/registrant upon payment.

(d) Fees assessed for services not included on the IRP invoice shall be separately receipted.

(e) Non-IRP fee receipts shall be retained in the MLA's records and uploaded to the imaged documentation contained with the IRP registration application. A general, non-specific category such as "Miscellaneous Fee" is not sufficient. Each fee must be clearly identifiable and authorized by Oklahoma statutes.

 

(a) A motor license agent shall be responsible for paying any balance determined to be due pursuant to Section 1120 of Title 47 of the Oklahoma Statutes as a result of a field audit conducted by the Commission.

(b) Upon demand for payment, the motor license agent must, within 15 days, remit the full amount of any shortage determined to be due, or if unable to pay the full amount, the agent may make a written request to the Commission for consideration of an extension of time to remit monies due.

 

(a) All transactions must be paid by the registrant at the time of processing. A motor license agent shall not process any transaction or release any item on credit before the taxpayer pays the tax and/or fee owed.

(b) A motor license agent shall not engage in any activity that will result in an actual or perceived conflict of interest.

(c) A MLA granted permission to process IRP applications shall service all IRP customers who desire the service. Commission permission given to a MLA to process IRP applications may be rescinded in the event a MLA refuses to process certain IRP applications or violates any provision of this subchapter.

 

(a) Motor carriers engaged in the interstate or intrastate commercial transportation of farm products in a raw state on a seasonal basis may desire to meet their vehicle registration, fuel permitting and/or intrastate operating authority requirements via a harvest permit.

(b) An applicant for a harvest permit shall file with the Commission a written application on the appropriate form prescribed by the Commission (TOSS1), and shall tender with the application a filing fee as prescribed by law or by Commission rule.

(c) The applicant shall be assigned a personal identification number (PIN) which shall be the permanent identification number for all matters relating to authority granted therein. Any application thereafter filed to extend the harvest permit or to obtain an additional harvest permit by the same applicant shall be filed under the same PIN.

(d) A harvest permit shall be personal to the holder thereof and shall be issued only to an individual, a corporation, a limited liability corporation, a partnership or some other legally recognized entity. A trade name or "doing business as" (DBA) may be designated, but cannot be a corporate name or LLC or LLP or another organized entity.

(e) The filing of an application for a harvest permit does not of itself authorize operations by the applicant. Such operations are prohibited until all requirements have been met and a harvest permit has been issued. All requirements for compliance with this Section shall be completed within ninety (90) days from receipt of the application or the application will be denied and any filing fees paid forfeited.

(f) The harvest permit application shall require the following:

(g) No harvest permit shall be issued to an applicant until all outstanding fines or judgments due the Commission or other state(s) regulatory agencies have been satisfied.

(h) A copy of the harvest permit must be carried in each vehicle operated under the permit.

 

   The purpose of this Subchapter is to define the specific financial, statistical, and other information required to be filed and made available with an application proposing an increase or change in rates, charges, or fees charged for the provision of nonconsensual wrecker or towing services. This Subchapter is intended to define the information required to be filed and made available in connection with a proposed rate increase or rate change in order to facilitate an investigation of and hearing on such proposed rate increase or rate change. This Subchapter does not preclude the filing or provision of any additional data, information, or calculations not herein specified, nor does this Subchapter preclude the Oklahoma Corporation Commission ("Commission") from requiring additional information as it deems necessary.

 

The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:

 

(a) Applicant shall file with the Commission Court Clerk its request for a rate increase or rate change in a complete application package. Applicant shall also submit the filing fee with the application package, which is set forth in the Commission Rules of Practice. Applicant shall submit six (6) copies of the application package to the Commission Court Clerk at the time of filing.

(b) The application shall be in the form required by the Commission Rules of Practice for commencement of a cause.

(c) The application package shall contain the following:

(d) Service of the application shall be as required by the Commission Rules of Practice.

(e) The applicant shall maintain the application package. The application shall include information to inform all Respondents and other interested parties of the location where the application package is being maintained. Such information shall include the name, address, telephone number, fax number, and e-mail address of the person maintaining the application package. The applicant shall make the application package available to all Respondents and other interested parties for examination between the hours of 8:00 a.m. and 5:00 p.m. on Monday through Friday, excluding legal holidays as defined in the Commission Rules of Practice. The application package shall also be available for public inspection at the Office of the Commission Court Clerk.

(f) Unless otherwise indicated, all applicable provisions in the Commission Rules of Practice shall be followed in all nonconsensual wrecker and towing service causes.

(g) Within twenty-one (21) business days of the receipt of an application package, the Director shall file with the Commission and provide to the applicant a copy of the staff response regarding the compliance or deficiency of the application and/or application package. The Division's staff response under this subsection shall only be required to assess the procedural filing compliance with Commission statute and rules, not on the merits of the requested rate change.

(h) If the Director finds the application and/or application package is not in substantial compliance with the requirements of this Subchapter, the staff response shall state that the filing is a deficient filing. The deficiencies and the requirements necessary to cure the deficiencies shall be stated in the staff response. If the deficiencies noted in the staff response are not corrected within forty-five (45) calendar days of the date of the staff response, the application package shall be rejected. Resubmission of a rejected package shall be considered a new application package, and the application filing fee set forth in the Commission Rules of Practice shall be submitted with this filing.

(i) An applicant may file exceptions to the staff response within ten (10) business days of receipt. Such exceptions shall be set for hearing before the Commission sitting en banc as soon as practically possible unless the parties agree to another date or the Commission directs otherwise. An order affirming a determination of deficiency renders the application rejected. If the application is rejected, the applicant may resubmit a new application package.

 

   At the time of filing a request for a rate increase or rate change or at the time of entering an appearance in a rate increase or rate change cause, the filer shall not have any outstanding obligation to the Commission or to a consumer as the result of a nonconsensual towing rate complaint.

 

(a) Any nonconsensual towing rate complaint received by the Commission or any of its Divisions shall be recorded immediately upon receipt in such format as the Commission may designate.

(b) A written acknowledgement of receipt of a nonconsensual towing rate complaint will be communicated to the complainant, alleged violator, and other relevant parties, if known, within seven (7) calendar days following receipt of the nonconsensual towing rate complaint and shall provide the status of the nonconsensual towing rate complaint at that time. The written acknowledgement shall contain information necessary to identify the tow. The wrecker service invoice number, vehicle identification number, date, and time of the tow are examples of the kind of information that may be provided. The written acknowledgement shall also request initial records needed to commence the complaint investigation. Nothing herein restricts the Commission from requiring and examining additional records necessary to fully investigate a complaint.

 

(a) The appropriate Division of the Commission shall immediately review each nonconsensual towing rate complaint and promptly refer any complaint concerning matters not regulated by the Commission to the appropriate state or federal agency.

(b) Nonconsensual towing rate complaints that are not referred shall be reasonably and sufficiently investigated, which may include on site investigation, to determine whether or not an action or actions should be initiated by the Commission.

(c) Nonconsensual towing rate complaints must be filed within the wrecker service documentation retention requirements of the Oklahoma Department of Public Safety.

 

(a) Nonconsensual towing rate complaint resolution is not achieved until either a written determination is issued or the Violation Notification process, initiated by a Notice of Probable Violation (NOPV) letter, is closed by the Transportation Division.

(b) If the complaint investigation results in a NOPV requiring restitution and/or a penalty, or other action is necessary, the disallowed amount must be remitted within twenty (20) calendar days of the NOPV to avoid enforcement action against the wrecker or towing service. The NOPV shall specify each charge that was in violation of the Commission's rate order(s) and will list a member of Transportation Division staff as a point of contact. Restitution payments must be remitted to the person taking responsibility for the tow bill, whereas, penalties assessed must be remitted to the Commission along with a copy of the written determination.

(c) Any individual or entity that wishes to contest the NOPV must do so within twenty (20) calendar days of the date of mailing, by regular mail, of the NOPV by filing a Transportation Docket (TD) cause application conforming to Commission rules found in Subchapter 7 of this Chapter and the Commission's Rules of Practice (OAC 165:5). In the event the expiration of the twenty (20) days falls on a weekend or holiday for which the Commission is not open for regular business, the application may be filed the following business day the Commission is open to be considered timely filed.

 

   Nonconsensual towing rate complaints referred to other agencies, nonconsensual towing rate complaints that involve issues not within the Commission's jurisdiction, and nonconsensual towing rate complaints that involve issues for which an adequate remedy has already been implemented shall be closed in writing and a copy of the referral or other closure document shall be sent to the complainant, alleged violator, and other relevant parties, if known, within seven (7) calendar days of closure.

 

(a) The Commission hereby establishes a progressive system of actions to be taken by the Commission, or its designee, to achieve compliance with a Commission nonconsensual towing order. Violations of a Commission nonconsensual towing order may be established as a result of a nonconsensual towing rate complaint investigation or an audit.

(b) For purposes of progressive actions, the date shown on the service invoice serves as the violation date. The dated written notice of a violation issued by the Commission, or its designee, serves as the Violation Notification.

(c) The following stipulations are in place for violations established as a result of a complaint investigation:

(d) Audits of wrecker services may be conducted with or without specific cause. Typically, audits are conducted as a normal part of rate determination and economic analysis, as a result of a nonconsensual towing rate complaint, as a referral from another political subdivision or as a follow up to a previously conducted audit. Audit periods cannot extend beyond the records retention period as required by the Department of Public Safety in OAC 595:25.

(e) Violations discovered as the result of an audit shall be reviewed by the Director of the Transportation Division or his designee. Progressive action remedies in addition to penalties in accordance with (f) of this Section may be assessed or the Commission may issue an order requiring that violations of this Subchapter be corrected. The order may include a fine up to a maximum of $500.00 for each violation.

(f) For violations established as a result of a nonconsensual towing rate complaint or as a result of an audit, the following penalties may be assessed by the Director of the Transportation Division:

 

(a) Each wrecker service licensed by the Department of Public Safety and placed upon an official rotation log to perform nonconsensual tows shall be required to conspicuously display a copy of the current Oklahoma Corporation Commission Nonconsensual Towing Maximum Wrecker Rate Chart at each location where a person will be paying for a vehicle release.

(b) The Maximum Wrecker Rate Chart size and text must be large enough to be easily read by the person paying for the vehicle release and contain fully legible text and figures.

(c) The Maximum Wrecker Rate Chart may be download from the Agency's website.