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§47-172.


§47-172.
   
   A. Every owner of any motor vehicle, the agents or employees of the
   owner, and every other person who violates or fails to comply with or
   procures, aids, or abets in the violation of Sections 161 through 180m
   of this title or the Motor Carrier Act of 1995, or who fails to obey,
   observe, or comply with any order, decision, rule or regulation,
   direction, demand, or requirement of the Corporation Commission, or
   who procures, aids or abets any corporation or person in the person's,
   or its, refusal or willful failure to obey, observe or comply with any
   such order, decision, rule, direction, demand, or regulation shall be
   deemed guilty of a misdemeanor. Upon conviction in a criminal court of
   competent jurisdiction, such misdemeanor is punishable by a fine of
   not exceeding One Thousand Dollars ($1,000.00).
   
   B. The Corporation Commission shall report to the Attorney General of
   this state and the district attorney of the proper county having
   jurisdiction of such offense, any violation of any of the provisions
   of Sections 161 through 180m of this title or the Motor Carrier Act of
   1995 or any rule of the Corporation Commission promulgated pursuant to
   the provisions of Sections 161 through 180m of this title or the Motor
   Carrier Act of 1995, by any motor vehicle owner, agent or employee of
   such owner, or any other person. Upon receipt of such report, the
   Attorney General or the district attorney of the proper county having
   jurisdiction of such offense shall institute criminal or civil
   proceedings against such offender in the proper court having
   jurisdiction of such offense. Any willful failure on the part of
   members of the Corporation Commission, the Attorney General or any
   district attorney, to comply with the provisions of this section,
   shall be deemed official misconduct. The Corporation Commission shall
   report such complaints so made to the Governor of this state who shall
   direct and cause the laws of this state to be enforced.
   
   C. Any person failing, neglecting or refusing to comply with the
   provisions of Sections 161 through 180m of this title or the Motor
   Carrier Act of 1995, or with any rule, regulation, or requirement of
   the Corporation Commission promulgated pursuant to the provisions of
   Sections 161 through 180m of this title or the Motor Carrier Act of
   1995, shall be guilty of contempt of the Corporation Commission, and
   shall be subject to a fine to be imposed by the Corporation Commission
   in a sum not exceeding Five Hundred Dollars ($500.00). Each day on
   which such contempt occurs shall be deemed a separate and distinct
   offense. The maximum fine to be assessed on each day shall be Five
   Hundred Dollars ($500.00). All fines collected pursuant to the
   provisions of this section shall be deposited in the State Treasury to
   the credit of the Corporation Commission Revolving Fund. This
   subsection shall not apply in the specific instance of load capacity
   violations or violations applicable to the transportation or discharge
   of deleterious substances provided for by specific statutory
   provisions.
   
   D. The Corporation Commission shall appoint a director of
   transportation, a deputy director, an insurance supervisor, an
   insurance clerk, two stenographers, a secretary to the director, an
   identification device supervisor and an assistant identification
   device supervisor at such salaries as the Legislature may from time to
   time prescribe. The employees shall be allowed actual and necessary
   travel expenses pursuant to the provisions of the State Travel
   Reimbursement Act. All of the expense claims shall be presented and
   paid monthly.
   
   E. Enforcement officers, appointed by the Corporation Commission, are
   hereby declared to be peace officers of this state. Such officers
   shall be vested with all powers of peace officers in enforcing the
   provisions of Sections 161 through 180m of this title and the Motor
   Carrier Act of 1995 in all parts of this state.
   
   The powers and duties conferred upon said enforcement officers shall
   in no way limit the powers and duties of sheriffs or other peace
   officers of the state, or any political subdivision thereof, or of
   members of the Division of Highway Patrol, subject to the Department
   of Public Safety.
   
   F. The enforcement officers when on duty, upon reasonable belief that
   any motor vehicle is being operated in violation of any provisions of
   Sections 161 through 180m of this title or the Motor Carrier Act of
   1995, shall be authorized to require the driver of the vehicle to stop
   and submit to an inspection of the identification device, or devices,
   in the vehicle, and to submit to such enforcement officer bills of
   lading, waybills, or other evidences of the character of the commerce
   being transported in such vehicle, and to submit to an inspection of
   the contents of such vehicle for the purpose of comparing same with
   bills of lading or shipping documentation, waybills, or other
   evidences of transportation carried by the driver of the vehicle. The
   officers shall not have the right to plea bargain.
   
   G. The enforcement officers are authorized to serve all warrants,
   writs, and notices issued by the Corporation Commission relating to
   the enforcement of the provisions of Sections 161 through 180m of this
   title or the Motor Carrier Act of 1995 and the rules, regulations, and
   requirements prescribed by the Corporation Commission promulgated
   pursuant to Sections 161 through 180m of this title or the Motor
   Carrier Act of 1995.
   
   H. The enforcement officers shall not have the power or right of
   search, nor shall they have the right of power of seizure, except as
   provided in Sections 161 through 180m of this title or the Motor
   Carrier Act of 1995. The enforcement officers are authorized to hold
   and detain any motor vehicle operating upon the highways of this
   state, if, the enforcement officer has reason to believe that the
   vehicle is being operated contrary to the provisions of Sections 161
   through 180m of this title or the Motor Carrier Act of 1995, or the
   rules, regulations, and requirements of the Corporation Commission
   promulgated pursuant to Sections 161 through 180m of this title or the
   Motor Carrier Act of 1995.
   
   I. No state official, other than members of the Corporation
   Commission, shall have any power, right, or authority to command,
   order, or direct any enforcement officer to perform any duty or
   service authorized by Sections 161 through 180m of this title or the
   Motor Carrier Act of 1995.
   
   J. Each of the enforcement officers shall, before entering upon the
   discharge of their duties, take and subscribe to the usual oath of
   office and shall execute to the State of Oklahoma a bond in the sum of
   Twenty-five Thousand Dollars ($25,000.00) each, with sufficient surety
   for the faithful performance of their duty. The bond shall be approved
   and filed as provided by law.
   
   K. No enforcement officer or employee of the Oklahoma Corporation
   Commission shall have the right to plea bargain in motor carrier or
   motor transportation matters except the chief legal counsel of the
   Commission or an assign of the legal staff of the chief legal counsel.
   

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