[Previous] [Next]
§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.
[Previous] [Next]