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§47-1171.
§47-1171.
A. As used in this section, "tour bus" means an intercity bus or buses
owned, leased or operated to transport passengers by charter or
special service as defined by the Interstate Commerce Commission who
are assembled into a travel group through a sale to each individual
passenger of a ticket covering a comprehensive trip from any point
within the State of Oklahoma with visits to places of established
interest and a return in conjunction with packages offered by travel
agencies or professional tour operators. The term "tour bus" shall not
include regular route passenger service.
B. It shall be unlawful for the Oklahoma Tourism and Recreation
Department or any other agency of the state to discriminate in any way
against a company, corporation, partnership or sole proprietorship
operating tour buses on an intrastate or interstate basis in this
state.
C. Upon application, the Marketing Services Division of the Department
of Tourism and Recreation shall issue a permit to any applicant for a
tour bus permit in the State of Oklahoma. The fee for such permit
shall be Twenty Dollars ($20.00) per year for each tour bus company.
The fee shall be paid to the Marketing Services Division and said fees
shall be deposited by the State Treasurer in the Oklahoma Tourism and
Recreation Department Revolving Fund.
D. Prior to the issuance of any such permit, all tour bus operators
must file with the Marketing Services Division of the Department of
Tourism and Recreation proof of compliance with all insurance
requirements and safety standards required by the State of Oklahoma.
E. The public policy of this state, as declared by the Legislature, is
to encourage tour bus operations within the state and to simplify
permit application procedures for providers of tour bus services.
Rules and regulations adopted by the Oklahoma Tourism and Recreation
Commission shall implement the stated public policy and also protect
the public's interest by mandating that tour bus operators shall
conduct their operations in accordance with all applicable laws of the
state, and all applicable rules established by the Oklahoma Tourism
and Recreation Commission.
F. No person shall operate a tour bus as a carrier of persons or
property unless such person holds a valid driver license.
G. No tour bus shall be operated on the public highways of the state
that does not comply with safety criteria established by state law or
by rule promulgated by the Department of Public Safety. No tour bus
shall be operated by any person who is intoxicated or under the
influence of alcohol or under the influence of amphetamines,
stimulants, controlled dangerous substances, or other drugs. Any tour
bus which fails to meet safety criteria, or which is operated by a
person under the influence of alcohol, amphetamines, stimulants,
controlled dangerous substances, or other drugs shall be denied
continued use of the public highways of the state.
H. No tour bus operator shall conduct any operations in this state
until after such tour bus operator shall have filed with the Marketing
Services Division of the Oklahoma Tourism and Recreation Department a
liability insurance policy or bond covering public liability and
property damage, issued by an insurance or bonding company or
insurance carrier authorized to do business in this state and shall be
in such sum and amount as fixed by rules as approved by the Oklahoma
Tourism and Recreation Commission; and such liability and property
damage insurance policy or bond shall bind the obligor thereunder to
make compensation for injuries to, or death of, persons, and loss or
damage to property, resulting from the operation of any such tour bus
for which such carrier is legally liable.
Providing further that such tour bus operator shall maintain all
insurance required by state law and the rules of the Oklahoma Tourism
and Recreation Commission during the operation of such tour bus and
that the failure for any cause to maintain such coverage in full force
and effect shall immediately, without any notice from the Oklahoma
Tourism and Recreation Commission, suspend the rights of the tour bus
operator to operate such tour bus until proper insurance is provided.
Any tour bus operator engaged in interstate operations shall comply
with all provisions of this section; however, valid Interstate
Commerce Commission certification shall be recognized in lieu of a
liability insurance policy or bond and safety inspection by an
Oklahoma Department of Public Safety authorized inspection.
I. Every owner of any tour bus operated within this state, such
agents, employees and every other person who violates or fails to
comply with or procures, aids or abets in the violation of any
provision of this section shall be deemed guilty of a misdemeanor.
Upon conviction in a criminal court of competent jurisdiction, such
misdemeanor is punishable by a fine not exceeding One Thousand Dollars
($1,000.00).
J. The Department of Public Safety shall be responsible for
enforcement of this section, and monthly, shall notify the Marketing
Services Division of the Oklahoma Tourism and Recreation Department of
any citations issued for violations of this section.
K. The Marketing Services Division of the Oklahoma Tourism and
Recreation Department may enter into an agreement with any person or
corporation located within or without the state for transmission of
tour bus permits by way of a facsimile machine or other device if the
Department determines that such agreement is in the best interests of
the state.
L. The Oklahoma Tourism and Recreation Commission may adopt such rules
and regulations as it deems necessary to administer the provisions of
this section. The Department may prescribe an application form for the
permit and such other forms as it deems appropriate.
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