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§47-170.2.
§47-170.2.
A. The Department of Public Safety, monthly, shall notify the Oklahoma
Corporation Commission of any ticket issued for a violation of the
provisions of Section 14-119 of this title, or any provisions of
Chapter 14 of this title or the terms of any special permit authorized
pursuant to the provisions of Chapter 14 of this title concerning
overweight or overweight special permits.
B. Truck overweight violations by motor carriers or private carriers
shall be considered contempt of Commission motor carrier rules,
tariffs and regulations. The Commission shall establish a specific
rule whereby such overweight violations by motor carriers or private
carriers shall be grounds for issuance of a show-cause order for
consideration of temporary or permanent cancellation of operating
authority or license. In establishing the rule, consideration shall be
given to the frequency of violations, pattern of violations, fleet
size, type of operation, amount of overweight, and other such factors
that may indicate intent. Any person, firm, or corporation that
assists in the commission of such overweight violation or refuses to
comply with any rule, regulation, or order of the Commission relating
thereto shall be guilty of contempt of the Commission and shall be
subject to a fine to be imposed by said Commission in a sum not to
exceed Five Hundred Dollars ($500.00) on each violation. In the
specific instance of an overweight violation, the transportation of
each load shall constitute a separate violation. The same fine
assessed against the motor carrier or private carrier shall apply to
any other person, firm, or corporation that aids or abets such
violations. Provided however, no motor carrier, private carrier,
shipper or person loading or causing a motor vehicle to be loaded
shall be subject to a fine for contempt unless the gross weight of the
motor vehicle is more than five thousand (5,000) pounds overweight.
C. The Commission, in its discretion and on its own motion, may make a
contempt complaint in writing under oath setting forth the violation,
enter the complaint on its docket, and proceed with the matter in
accordance with the provisions of Sections 161 et seq. of this title
or the Motor Carrier Act of 1995.
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