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§47-1-107.4.
§47-1-107.4.
A. A Class D motor vehicle is any motor vehicle or combination of
vehicles, regardless of weight, which:
1. Is marked and used as a firefighting vehicle or a law enforcement
emergency response vehicle;
2. Is designed and used solely as a recreational vehicle;
3. Is a single or combination vehicle with a gross combined weight
rating of less than twenty-six thousand one (26,001) pounds; or
4. Is a single or combination farm vehicle with a gross combined
weight rating of more than twenty-six thousand one (26,001) pounds if:
a. it is entitled to be registered with a farm tag and has a farm tag
attached thereto, and
b. it is controlled and operated by a farmer, his family or his
employees, and
c. it is used to transport either agricultural products, farm
machinery, farm supplies or any combination of those materials to or
from a farm, and
d. it is not used in the operations of a common or contract motor
carrier, and
e. it is used within one hundred fifty (150) air miles of the person's
farm or as otherwise provided by federal law.
B. The Department of Public Safety shall provide by rule promulgated
pursuant to the Administrative Procedures Act, Section 250 et seq. of
Title 75 of the Oklahoma Statutes, that, in addition to the
requirements specified in paragraph 4 of subsection A of this section,
a motor vehicle or combination of vehicles operated by persons engaged
in custom farming operations or persons operating farm retail outlets
or such person's employees, and used within one hundred fifty (150)
air miles of the temporary base of operations of a person engaged in
custom farming operations, shall be considered to be a Class D motor
vehicle if the inclusion of such vehicle within the definition of a
Class D motor vehicle will not result in the loss of federal funds to
the State of Oklahoma pursuant to federal law or regulation.
C. In addition to vehicles described in subsection A of this section,
the Department of Public Safety may provide by rule promulgated in
accordance with the Administrative Procedures Act, Section 250 et seq.
of Title 75 of the Oklahoma Statutes, that any motor vehicle or
combination of vehicles regardless of weight, which is marked and used
as a state, county or municipal vehicle, may be included within the
definition of a Class D motor vehicle if such inclusion will not
result in the loss of federal funds to the State of Oklahoma pursuant
to federal law or regulation.
D. Provided, further, a Class D Motor Vehicle shall not include any
vehicle which is:
1. Designed to carry sixteen or more passengers, including the driver;
or
2. Required to be placarded for hazardous materials under 49 C.F.R.,
Part 172, subpart F; provided, the Department of Public Safety shall
provide by rule promulgated pursuant to the Administrative Procedures
Act, Section 250 et seq. of Title 75 of the Oklahoma Statutes, that a
farm vehicle or a vehicle being operated by a person operating a farm
retail outlet or such person's employee, which is required to be
placarded for hazardous materials under 49 C.F.R., Part 172, subpart
F, shall be considered to be a Class D motor vehicle if the inclusion
of such vehicle within the definition of a Class D motor vehicle will
not result in the loss of federal funds to the State of Oklahoma
pursuant to federal law or regulation.
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