Okla. Stat. tit. 47, § 47-230.15

Liability and damage insurance - Administrative penalties - Driving

hours - Conflicting regulations.

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 this title has violated any provision of the

Oklahoma Motor Carrier Safety and Hazardous Materials Transportation

Act or any rule promulgated 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

any provision of Sections 166 through 180m of this title 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

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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 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 rules adopted pursuant to this section

shall establish the following exceptions:

1. 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
gency 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; and

2. No rule shall be adopted that enforces the provisions of 49

CFR Section 395.3(a)(3)(ii) relating to rest breaks, if the driver

or motor carrier is engaged solely in intrastate commerce.

E. Except as provided in subsection F of this section, 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 rules adopted by the Department of Public Safety

under this section, rules adopted by the Department shall control.

F. 1. Amendments to the hours of service regulations

promulgated on April 28, 2003, by the United States Department of

Transportation at Section 22456 of Volume 68 of the Federal Register

and effective June 27, 2003, shall not apply to utility service

vehicles as defined in Section 395.2 of Title 49 of the Code of

Federal Regulations, not including television cable or community

antenna service vehicles, which are owned or operated by utilities

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regulated by the Corporation Commission or electric cooperatives and

which are engaged solely in intrastate commerce in this state until

June 27, 2006, provided the amendments are valid and remain in

effect as of that date. Hours of service regulations, which are

applicable in this state immediately prior to June 27, 2003, shall

remain applicable to utility service vehicles engaged solely in

intrastate commerce in this state until June 27, 2006. If the

United States Department of Transportation issues an official

finding that this provision may result in the loss of federal Motor

Carrier Safety Assistance Program funding, the Department of Public

Safety may promulgate rules providing for earlier implementation of

the amendments to the federal hours of service regulations. If

federal law or regulations are amended at any time to exempt utility

service vehicles from the hours of service requirements, any

exemption shall be effective in this state immediately for the

duration of the federal exemption.

2. The Department of Public Safety may promulgate rules

suspending the effective date for up to three (3) years after the

adoption of any motor carrier safety regulation by the United States

Department of Transportation as applied to vehicles engaged solely

in intrastate commerce in this state if the suspension does not

result in the loss of federal Motor Carrier Safety Assistance

Program funding.

3. The Department of Public Safety may enter into agreements

with state and local emergency management agencies and private

parties establishing procedures for complying with Section 31502(e)

of Title 49 of the United States Code and federal regulations

promulgated at Section 390.23 of Title 49 of the Code of Federal

Regulations, which provide an exemption from the hours of service

regulations during certain emergencies.

4. The Department of Public Safety may promulgate rules

granting any waiver, variance, or exemption permitted under Section

31104(h) of Title 49 of the United States Code and federal

regulations promulgated at Sections 350.339, 350.341, 350.343 and

350.345 of Title 49 of the Code of Federal Regulations if the

waiver, variance, or exemption does not result in the loss of
certain emergencies.

4. The Department of Public Safety may promulgate rules

granting any waiver, variance, or exemption permitted under Section

31104(h) of Title 49 of the United States Code and federal

regulations promulgated at Sections 350.339, 350.341, 350.343 and

350.345 of Title 49 of the Code of Federal Regulations if the

waiver, variance, or exemption does not result in the loss of

federal Motor Carrier Safety Assistance Program funding and does not

take effect unless approved by the United States Department of

Transportation, if approval is required.