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§47-161.


§47-161.
   
   A. It is hereby declared that it is necessary in the public interest
   to regulate transportation by motor carriers of household goods and
   used emigrant movables in such manner as to recognize and preserve the
   inherent advantages of, and foster sound economic conditions in such
   transportation and among such carriers; promote adequate, economical,
   efficient service by motor carriers, and reasonable charges therefor,
   without unjust discriminations, undue preferences or advantages and
   unfair or destructive competitive practices; develop and preserve a
   highway transportation system properly adapted to the agricultural,
   industrial and commercial needs of the commerce of the State of
   Oklahoma and the national defense; and cooperate with the government
   of the United States, the departments of the State of Oklahoma,
   regulatory bodies of other states, and the duly authorized officials
   thereof and with any organization of motor carriers in the
   administration and enforcement of this act.
   
   B. The provisions of this act, except as hereinafter specifically
   limited, shall apply to the transportation of household goods and used
   emigrant movables by motor carriers over public highways of this
   state; and the regulations of such transportation, and the procurement
   thereof and the provisions of facilities therefor, is hereby vested in
   the Oklahoma Corporation Commission.
   
   Nothing herein shall be construed to interfere with the exercise by
   agencies of the government of the United States of its power of
   regulation of interstate commerce.
   
   C. As used in this act:
   
   1. "Person" means any individual, firm, copartnership, limited
   partnership, corporation, limited liability corporation, company,
   association, or joint-stock association and includes any trustee,
   receiver, assignee, or personal representative thereof;
   
   2. "Commission" means the Oklahoma Corporation Commission;
   
   3. "Certificate" means the certificate of public convenience and
   necessity issued under authority of the laws of the State of Oklahoma
   to common carriers of household goods or used emigrant movables by
   motor vehicle;
   
   4. "Permit" means a permit issued under authority of the laws of the
   State of Oklahoma to contract carriers of household goods or used
   emigrant movables by motor vehicle;
   
   5. "Motor vehicle" means any automobile, truck, truck-tractor, trailer
   or semitrailer or any motor bus or any self-propelled vehicle not
   operated or driven upon fixed rails or tracks;
   
   6. "Motor carrier" includes both a common carrier by motor vehicle and
   a contract carrier by motor vehicle, operating upon any public highway
   for the transportation of household goods and used emigrant movables
   for compensation or for hire or for commercial purposes, and not
   operating exclusively within the limits of an incorporated city or
   town within this state;
   
   7. "Common carrier by motor vehicle" means any person which holds
   itself out to the general public to engage in the transportation by
   motor vehicle in intrastate commerce of household goods or used
   emigrant movables or any class or classes thereof for compensation;
   
   8. "Contract carrier by motor vehicle" means any person which engages
   in transportation by motor vehicle of household goods or used emigrant
   movables in intrastate commerce, for compensation (other than
   transportation referred to in the preceding paragraph) under
   continuing contracts with one person or a limited number of persons
   either:
   
   a. for the furnishing of transportation services through the
   assignment of motor vehicles for a continuing period of time to the
   exclusive use of each person served, or
   
   b. for the furnishing of transportation services designed to meet the
   distinct need of each individual customer;
   
   9. "Corporate family" means a group of corporations consisting of a
   parent corporation and all subsidiaries in which the parent
   corporation owns directly or indirectly one hundred percent (100%)
   interest;
   
   10. "Intercorporate hauling" means the transportation of property, by
   motor vehicle, for compensation, by a carrier which is a member of a
   corporate family, as defined in this act, when the transportation for
   compensation is provided for other members of the corporate family;
   and
   
   11. "Public highway" means every public street, road or highway, or
   thoroughfare in this state, used by the public, whether actually
   dedicated to the public and accepted by the proper authorities or
   otherwise.
   
   D. The terms and provisions of this act shall apply to commerce with
   foreign nations, or commerce among the several states of this Union,
   insofar as such application may be permitted under the provisions of
   the Constitution of the United States and the Acts of Congress.
   

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