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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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