Okla. Stat. tit. 47, § 47-172

or criminal proceedings - Official misconduct - Contempt -

Personnel, salaries and powers - Oath and bond.

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

Oklahoma Statutes - Title 47. Motor Vehicles Page 749

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 Trucking One-Stop Shop Fund, as created in Section 1167

of this title. 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.
rvisor 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

Oklahoma Statutes - Title 47. Motor Vehicles Page 750

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.