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§47-230.15.
§47-230.15.
A. Whenever the Department of Public Safety has determined that any
person who is regulated as a motor carrier pursuant to Sections 166
through 180m of Title 47 of the Oklahoma Statutes has violated any
provision of the Oklahoma Motor Carrier Safety and Hazardous Materials
Transportation Act or any rule promulgate thereto, the Department of
Public Safety shall report such violations to the Corporation
Commission for the purposes of determining if such person has violated
any provisions of the permit or certificate issued by the Commission
pursuant to or any provision of Sections 166 through 180m of Title 47
of the Oklahoma Statutes or of any rule promulgated thereto.
B. Every motor carrier subject to this section shall maintain
liability and property damage insurance covering each motor vehicle
operated by the motor carrier and file proof of that insurance with
the Oklahoma Corporation Commission. The Commission shall set the
amount of necessary insurance for the transportation of all
commodities other than hazardous materials. The Commission may allow a
motor carrier to meet its liability and property damage insurance
requirements through self-insurance if the motor carrier has adequate
financial assets to assume liability and is in substantial compliance
with all motor carrier safety regulations adopted by the Department.
Any person who transports or who causes the transportation of any
hazardous material shall be required to comply with the financial
responsibility requirements specified by the federal motor carrier
safety regulations and the hazardous materials regulations of the
United States Department of Transportation provided that in no event
shall the financial responsibility requirement exceed One Million
Dollars ($1,000,000.00) except as otherwise specifically required by
federal law, or any federal rule or regulation promulgated thereto.
C. Any person who causes or requires any person subject to the
provisions of the Oklahoma Motor Carrier Safety and Hazardous
Materials Transportation Act to drive at a speed or carry a load in
excess of those authorized by law pursuant to the Oklahoma Motor
Carrier Safety and Hazardous Materials Transportation Act shall be
subject to the administrative penalties pursuant to the provisions of
this act.
D. In adopting rules and regulations pursuant to the provisions of
this act, the Department of Public Safety shall establish limitations
on driving hours for motor vehicles subject thereto that are
consistent with the hours of service requirements adopted by the
United States Department of Transportation in the applicable part of
Title 49 of the Code of Federal Regulations, as those regulations now
exist or are hereafter amended. Driving hours and on-duty status shall
not begin following less than eight (8) consecutive hours off duty.
Drivers shall be regulated from the time a driver first reports for
duty for any employer. The regulations adopted pursuant to this
section shall establish the following exception:
The maximum driving time within a work period is twelve (12) hours if
the vehicle is engaged solely in intrastate commerce and is not
transporting hazardous materials as defined by regulations of the
United States Department of Transportation in the applicable section
of Title 49 of the Code of Federal Regulations, as that section now
exists or is hereafter amended; except in the event of an emergency
and upon notification of the nearest Oklahoma Highway Patrol troop
headquarters of the Department of Public Safety, the Commissioner or
his designated agent shall declare an emergency and there shall be no
hour restrictions for rural electric cooperatives, public utilities,
public service corporations or municipal employees as long as an
emergency exists for providing service to restore heat, light, power,
water, telephone or other emergency restoration facilities that are
necessary to ensure the health, welfare and safety of the public.
E. Any regulation relating to motor carrier safety or to the
transportation of hazardous materials adopted by a local government,
authority, or state agency or office shall be consistent with
corresponding federal regulations. To the extent of any conflict
between said regulations and those adopted by the Department of Public
Safety under this section, regulations adopted by the Department shall
control.
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