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47-1102.


47-1102.
   
   As used in this act:
   
   1. "Carrying capacity" means the carrying capacity of a vehicle as
   determined or declared in tons of cargo or payload by the owner,
   provided, that such declared capacity shall not be less than the
   minimum tonnage capacity fixed, listed or advertised by the
   manufacturer of any vehicle;
   
   2. "Certificate of title" means a document which is proof of legal
   ownership of a motor vehicle as described and provided for in Section
   1105 of this title;
   
   3. "Chips and oil" or the term "road oil and crushed rock" means, with
   respect to materials authorized for use in the surfacing of roads or
   highways in this title or in any equivalent statute pertaining to road
   or highway surfacing in the State of Oklahoma, any asphaltic
   materials. Wherever chips and oil or road oil and crushed rock are
   authorized for use in the surfacing of roads or highways in this
   state, whether by the Department of Transportation, or by the county
   commissioners, or other road building authority subject to this act,
   asphaltic materials are also authorized for use in such surfacing and
   construction;
   
   4. "Combined laden weight" means the weight of a truck or station
   wagon and its cargo or payload transported thereon, or the weight of a
   truck or truck-tractor plus the weight of any trailers or semitrailers
   together with the cargo or payload transported thereon;
   
   5. "Commercial trailer" means any trailer, as defined in Section 1-180
   of this title, or semitrailer, as defined in Section 1-162 of this
   title, when such trailer or semitrailer is used primarily for business
   or commercial purposes;
   
   6. "Commercial trailer dealer" means any person, firm or corporation
   engaged in the business of selling any new and unused, or used, or
   both new and used commercial trailers;
   
   7. "Commercial vehicle" means any vehicle over eight thousand (8,000)
   pounds combined laden weight used primarily for business or commercial
   purposes. Each motor vehicle being registered pursuant to the
   provisions of this section shall have the name of the commercial
   establishment or the words "Commercial Vehicle" permanently and
   prominently displayed upon the outside of the vehicle in letters not
   less than two (2) inches high and two (2) inches wide. Such letters
   shall be in sharp contrast to the background and shall be of
   sufficient shape and color as to be readily legible during daylight
   hours, from a distance of fifty (50) feet while the vehicle is not in
   motion. The Commission or its motor license agents shall make physical
   inspections of commercial vehicles as provided for in Section 1133.1
   of this title, if by law said vehicles are required to be inspected to
   verify that said lettering is permanently displayed as required by
   this paragraph. A fee of fifty cents ($0.50) shall be charged for
   making such inspection. Any commercial vehicle with a combined laden
   weight of over twenty-six thousand (26,000) pounds registered pursuant
   to the provisions of Section 1133 of this title shall not be subject
   to physical inspection by the Commission or its motor license agents.
   Any commercial vehicle with a combined laden weight of twenty-six
   thousand (26,000) pounds or less registered pursuant to Section 1133
   or 1133.1 of this title shall be subject to physical inspection by the
   Commission or its motor license agent only at the time the vehicle is
   first registered in this state and upon the transfer of ownership of
   such vehicle;
   
   8. "Commission" means the Oklahoma Tax Commission;
   
   9. "Dealer" means any person, firm, association, corporation or trust
   who sells, solicits or advertises the sale of new and unused motor
   vehicles and holds a bona fide contract or franchise in effect with a
   manufacturer or distributor of a particular make of new or unused
   motor vehicle or vehicles for the sale of same;
   
   10. "Interstate commerce" means any commerce moving between any place
   in a state and any place in another state or between places in the
   same state through another state;
   
   11. "Laden weight" means the combined weight of a vehicle when fully
   equipped for use and the cargo or payload transported thereon;
   provided that in no event shall the laden weight be less than the
   unladen weight of the vehicle fully equipped for use, plus the
   manufacturer's rated carrying capacity;
   
   12. "Local authorities" means every county, municipality or local
   board or body having authority to adopt police regulations under the
   Constitution and laws of this state;
   
   13. "Manufactured home" means a structure, transportable in one or
   more sections, which, in the traveling mode, is eight (8) body feet or
   more in width or forty (40) body feet or more in length, or, when
   erected on site, is three hundred twenty (320) or more square feet,
   and which is built on a permanent chassis and designed to be used as a
   dwelling with or without a permanent foundation when connected to the
   required utilities, and includes the plumbing, heating, air
   conditioning, and electrical systems contained thereon. The term
   manufactured home shall not include any manufactured home which is
   owned by a religious corporation or society and is used exclusively
   for religious purposes. "Mobile home" means a manufactured home
   transportable in one section. "Sectional home" means a manufactured
   home transportable in two or more sections. Said terms shall not
   include any travel trailer or any self-propelled vehicles used as
   living quarters, whether referred to as motor homes or by any other
   name. Provided, that trailers or semitrailers used for the
   transportation of goods or property, other than the personal
   belongings of the owner of such vehicle, shall not be included in this
   definition;
   
   14. "Manufactured home dealer" means any person, firm or corporation
   engaged in the business of selling any new and unused, or used, or
   both new and used manufactured homes. Such information and a valid
   franchise letter as proof of authorization to sell any such new
   manufactured home product line or lines shall be attached to said
   application for a dealer license to sell manufactured homes.
   "Manufactured home dealer" shall not include any person, firm or
   corporation who sells or contracts for the sale of his own personally
   titled manufactured home or homes. No person, firm or corporation
   shall be considered a manufactured home dealer as to any manufactured
   home purchased or acquired by such person, firm or corporation for
   purposes other than resale; provided, that the restriction set forth
   in this sentence shall not prevent an otherwise qualified person, firm
   or corporation from utilizing a single manufactured home as a sales
   office;
   
   15. "Motor license agent" means any person appointed, designated or
   authorized by the Oklahoma Tax Commission to collect the fees and to
   enforce the provisions provided for in this act;
   
   16. "New vehicle" or "unused vehicle" means a vehicle which has been
   in the possession of the manufacturer, distributor or wholesaler or
   has been sold only by the manufacturer, distributor or wholesaler to a
   dealer;
   
   17. "Nonresident" means any person who is not a resident of this
   state;
   
   18. "Owner" means any person owning, operating or possessing any
   vehicle herein defined;
   
   19. "Person" means any individual, copartner, joint venture,
   association, corporation, limited liability company, estate, trust,
   business trust, syndicate, the State of Oklahoma, or any county, city,
   municipality, school district or other political subdivision thereof,
   or any group or combination acting as a unit, or any receiver
   appointed by the state or federal court;
   
   20. "Recreational vehicle" means every vehicle which is built on or
   permanently attached to a self-propelled motor chassis or chassis cab
   which becomes an integral part of the completed vehicle and is capable
   of being operated on the highways. In order to qualify as a
   recreational vehicle pursuant to this paragraph such vehicle shall be
   permanently constructed and equipped for human habitation, having its
   own sleeping and kitchen facilities, including permanently affixed
   cooking facilities, water tanks and holding tank with permanent toilet
   facilities. Recreational vehicle shall not include manufactured homes
   or any vehicle with portable sleeping, toilet and kitchen facilities
   which are designed to be removed from such vehicle;
   
   21. "Rental trailer" means all small or utility trailers or
   semitrailers constructed and suitable for towing by a passenger
   automobile and designed only for carrying property, when said trailers
   or semitrailers are owned by, or are in the possession of, any person
   engaged in renting or leasing such trailers or semitrailers for
   intrastate or interstate use or combined intrastate and interstate
   use;
   
   22. "Special mobilized machinery" means special purpose machines,
   either self-propelled or drawn as trailers or semitrailers, which
   derive no revenue from the transportation of persons or property,
   whose use of the highway is only incidental, and whose useful revenue
   producing service is performed at destinations in an area away from
   the traveled surface of an established open highway;
   
   23. "State" means the State of Oklahoma;
   
   24. "Station wagon" means any passenger vehicle which does not have a
   separate luggage compartment or trunk and which does not have open
   beds, and has one or more rear seats readily lifted out or folded,
   whether same is called a station wagon or ranch wagon;
   
   25. "Travel trailer" means any vehicular portable structure built on a
   chassis, used as a temporary dwelling for travel, recreational or
   vacational use, and, when factory-equipped for the road, it shall have
   a body width not exceeding eight (8) feet and an overall length not
   exceeding forty (40) feet, including the hitch or coupling;
   
   26. "Travel trailer dealer" means any person, firm or corporation
   engaged in the business of selling any new and unused, or used, or
   both new and used travel trailers. Such information and a valid
   franchise letter as proof of authorization to sell any such new travel
   trailer product line or lines shall be attached to said application
   for a dealer license to sell travel trailers. "Travel trailer dealer"
   shall not include any person, firm or corporation who sells or
   contracts for the sale of his own personally titled travel trailer or
   trailers. No person, firm or corporation shall be considered as a
   travel trailer dealer as to any travel trailer purchased or acquired
   by such person, firm or corporation for purposes other than resale;
   
   27. "Used motor vehicle dealer" means "used motor vehicle dealer" as
   defined in Section 581 of this title;
   
   28. "Used vehicle" means any vehicle which has been sold, bargained,
   exchanged or given away, or used to the extent that it has become what
   is commonly known, and generally recognized, as a "secondhand"
   vehicle. This shall also include any vehicle, regardless of age, owned
   by any person who is not a dealer; and
   
   29. "Vehicle" means any type of conveyance or device in, upon or by
   which a person or property is or may be transported from one location
   to another upon the avenues of public access within the state.
   "Vehicle" does not include bicycles, trailers except travel trailers
   and rental trailers, or implements of husbandry as defined in Section
   1-125 of this title. All implements of husbandry used as conveyances
   shall be required to display the owner's driver's license number or
   license plate number of any vehicle owned by the owner of the
   implement of husbandry on the rear of the implement in numbers not
   less than two (2) inches in height. The use of the owner's social
   security number on the rear of the implement of husbandry shall not be
   required.
   

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