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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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