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47-1129.


47-1129.
   
   A. Special mobilized machinery shall not be subject to any section or
   provision of the Oklahoma Vehicle License and Registration Act,
   Section 1101 et seq. of this title, except the provisions of this
   section.
   
   Special mobilized machinery shall be permitted the use of the highways
   of this state when proper registration and permits, as provided in
   this section, are in the possession of the operator.
   
   B. Owners of qualifying equipment hereunder may elect to register such
   equipment either under this section or under other applicable
   provisions of this act. Application covering qualifying equipment may
   be made to the Oklahoma Tax Commission or their authorized agents for
   registering special mobilized machinery. Upon payment of a
   registration fee of Twenty-five Dollars ($25.00), the applicant shall
   be granted a certificate of registration in acknowledgment of
   qualification by the Commission. The certificate of registration must
   at all times be carried with the equipment and be available for
   inspection by an investigating officer.
   
   C. In addition to the registration fee, the Commission shall collect
   at time of registration an additional fee of Five Hundred Fifty
   Dollars ($550.00) per unit for equipment qualifying under the terms of
   this section. This fee of Five Hundred Fifty Dollars ($550.00) shall
   include the constitutional ad valorem tax and shall be allocated by
   the Commission in the same manner and percentage as registration and
   permit fees are presently allocated under the provisions of this act.
   Payment of this fee shall be due on January 1 of each calendar year
   and must be paid in no event later than February 1 of each calendar
   year. The penalty for noncompliance with this provision shall be a
   double fee in the amount of One Thousand One Hundred Dollars
   ($1,100.00). For qualifying equipment purchased during the calendar
   year, the Commission shall collect a fee which shall be pro rata of
   the annual fee as hereinbefore defined. Provided, however, the fee for
   qualifying equipment registered in another state and utilized for
   emergency or temporary service, not to exceed thirty (30) days, shall
   be calculated in the same manner as set forth in subsection A of
   Section 1122 of this title.
   
   D. Equipment of this class shall use the highways of Oklahoma by
   special permit, issued by the Commissioner of Public Safety acting
   through his delegated officers. Permits shall be issued on payment of
   a fee of Five Dollars ($5.00) to the Commissioner of Public Safety or
   his authorized agents.
   
   In those cases where the equipment or machinery conforms to all safety
   requirements under the law, then the permit shall be issued for the
   term of one (1) calendar year and shall be nonrestrictive as to time
   and route of travel.
   
   Permits for such oversize or overweight machinery shall specify a
   maximum permissible road speed of the lesser of fifty (50) miles per
   hour or the posted speed limit, designate safety equipment to be
   carried and may exclude use of highways of the interstate system. Use
   of the highways of the interstate system shall be included in such
   permit only if the Commissioner of Public Safety or his authorized
   agent has determined that the purposes of this act will be served by
   such use and that federal weight or size restrictions will not be
   violated. Oversize or overweight special mobilized machinery properly
   operating on the highways of the interstate system shall be subject to
   minimum speed requirements.
   
   When such equipment has a width greater than eight and one-half (8
   1/2) feet, or a length exclusive of load of forty-five (45) feet, or a
   height in excess of thirteen and one-half (13 1/2) feet, then the
   permit may restrict movement to a fifty-mile radius from an
   established operating base, may designate highways to be traveled,
   hours of travel, and when flagmen may be required to precede or follow
   the equipment.
   
   Possession of a permit shall in no way be construed as exempting such
   equipment from the power of the Director of the Department of
   Transportation to restrict use of particular highways, nor shall it
   exempt such equipment from the responsibility for damage to highways.
   Provided that nothing in this act shall apply to machinery used in
   highway construction or road material production.
   
   E. Upon the issuance of a special mobilized machinery driveaway permit
   as provided in this subsection, special mobilized machinery
   manufactured in Oklahoma shall be permitted to move upon the highways
   of this state from the place of manufacture to the state line for
   delivery and exclusive use outside the state, and may be temporarily
   returned to Oklahoma for modification and repair, with subsequent
   movement back out of the state. Special driveaway permits for such
   movements shall be issued by the Commissioner of Public Safety, who
   may act through his designated agents, upon the payment of a fee
   therefor in the amount of Fifteen Dollars ($15.00) for each such
   movement. The Commissioner of Public Safety is hereby authorized to
   issue to the operators of said special mobilized machinery such
   special plates or other identifying evidence that the permit herein
   required has been obtained. Other provisions of this section relating
   to registration and other laws of this state relating to registration,
   fees, or licensing shall not apply to such special mobilized equipment
   when the same is manufactured in Oklahoma and sold for delivery and
   exclusive use without the state or when returned temporarily for
   modification or repair. This subsection shall in no way exempt the
   equipment described herein from the levy of ad valorem taxes.
   
   It is provided that the size of the special mobilized machinery shall
   not be such as to create a safety hazard in the judgment of the
   Commissioner of Public Safety. Permits for such special mobilized
   machinery shall specify a maximum permissible road speed of the lesser
   of fifty (50) miles per hour or the posted speed limit, designate
   safety equipment to be carried and may exclude use of highways of the
   interstate system.
   
   When such equipment has a width greater than eight and one-half (8
   1/2) feet, or a length exclusive of load of forty-five (45) feet, or a
   height in excess of thirteen and one-half (13 1/2) feet, the permit
   may designate highways to be traveled, hours of travel, and when
   flagmen may be required to precede or follow the equipment.
   
   Possession of a special driveaway permit shall in no way be construed
   as exempting such equipment from the power of the Director of the
   Department of Transportation to restrict use of particular highways,
   nor shall it exempt such equipment from the responsibility for damage
   to highways.
   

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