Okla. Stat. tit. 47, § 47-7-605

of security - Seizure of driver license and vehicle - Other

penalties - Immunity.

A. 1. Whenever any person forfeits a bond, fails to appear, or

is convicted in any state or municipal court for permitting the

operation in this state of a motor vehicle owned by the person

without the security required by this title, for operating a motor

vehicle in this state without the security required by this title,

or for failure to carry a security verification form, the Department

of Public Safety shall suspend the driving privilege of the person.

2. The suspension of the driving privilege shall remain in

effect until payment is made of the fees provided for in Section 6-

212 of this title and proof of security is furnished to the

Department of Public Safety which complies with the requirements of

the Compulsory Insurance Law; provided, for purposes of this

section, proof of security shall not mean a binder policy but shall

mean an owner’s policy or an operator’s policy, as defined in

Section 7-600 of this title; provided further, a suspension for

Oklahoma Statutes - Title 47. Motor Vehicles Page 439

failure to appear shall remain in effect until proof of appearance

is received by the Department from the reporting court. Suspension

under this section shall be effective when notice thereof is given

pursuant to Section 2-116 of this title.

3. Any person whose driving privilege has been suspended

pursuant to the provisions of this subsection shall surrender to the

Department his or her driver license. Any person failing to

voluntarily relinquish his or her driver license to the Department

within thirty (30) days of receipt of the notice specified in

paragraph 2 of this subsection shall pay a fee of Fifty Dollars

($50.00) in addition to the fees provided for in Section 6-212 of

this title.

4. If a person furnishes proof to the satisfaction of the

Department that security was in effect at the time of the alleged

offense, the Department shall vacate the suspension order and shall

not require the filing of a certificate of insurance nor payment of

either of the above fees.

B. 1. When suspending the driving privilege for violation of

the Compulsory Insurance Law, or for violation of a municipal

ordinance requiring security or the carrying of a security

verification form, the Department may rely upon court records which

indicate that a person was either convicted or failed to appear upon

the charge when the record is obtained from any court of competent

jurisdiction which indicates one of the following:

a. a conviction, or

b. a notice of bond forfeiture.

2. A court record is sufficient under paragraph 1 of this

subsection which includes a statement such as "No Security Form",

"No Insurance" or other term indicating lack of security.

3. The Department may continue to rely on such records until

proof is submitted from the issuing court clerk which indicates that

the record either:

a. was issued in error, or

b. was not related to a violation of:

(1) the Compulsory Insurance Law,

(2) a security verification form as required by this

article, or
"No Security Form",

"No Insurance" or other term indicating lack of security.

3. The Department may continue to rely on such records until

proof is submitted from the issuing court clerk which indicates that

the record either:

a. was issued in error, or

b. was not related to a violation of:

(1) the Compulsory Insurance Law,

(2) a security verification form as required by this

article, or

(3) a municipal ordinance requiring security or the

carrying of a security verification form.

C. If a nonresident's driving privilege is suspended pursuant

to subsection A of this section, the Department shall transmit

notice of the suspension to the licensing agency in the state in

which the nonresident resides.

D. Whenever any person’s driving privilege has been suspended

pursuant to this section or Section 7-612 of this title, the

Department may notify any law enforcement officer of the suspension.

Any law enforcement officer who has been notified that the driving

Oklahoma Statutes - Title 47. Motor Vehicles Page 440

privilege of a person has been suspended, upon observing the person

or motor vehicle anywhere upon a public street, highway, roadway,

turnpike, or public parking lot, shall stop the person or motor

vehicle, seize the driver license of the person, seize the vehicle

being operated by the person and cause the vehicle to be towed and

stored as provided in subsection B of Section 955 of this title, if

the officer has probable cause to believe that the vehicle is not

insured as required by the Compulsory Insurance Law of this state.

E. No person shall have a property interest in a driver license

issued pursuant to the laws of this state and it shall be the duty

of every person whose driving privilege has been suspended to

forthwith surrender his or her driver license upon the request of

any law enforcement officer or representative of the Department.

F. Any person upon a public street, highway, roadway, turnpike,

or public parking lot, within this state, who willfully refuses to

surrender possession of a driver license after being informed by a

peace officer or representative of the Department that his or her

driving privilege is currently under suspension according to the

records of the Department, shall be guilty of a misdemeanor,

punishable as provided in Section 17-101 of this title.

G. Any driver license surrendered to or seized by a law

enforcement officer pursuant to the Compulsory Insurance Law shall

be submitted to a representative of the Department in a manner and

with a form or method approved by the Department.

H. The Department shall deposit fees collected pursuant to

paragraph 3 of subsection A of this section or pursuant to

subsection E of Section 7-612 of this title in a special account of

the Department maintained with the office of the State Treasurer.

The State Treasurer shall credit these fees to this special account

to be distributed as hereinafter provided.

I. The Department shall identify the name of the employing law

enforcement agency from which a suspended driver license has been

received pursuant to this section, and determine that the fee

required by paragraph 3 of subsection A of this section has been

paid. The Department shall reimburse the law enforcement agency so

identified the sum of Twenty-five Dollars ($25.00) for each driver

license from the special account.

J. Any unencumbered monies remaining in the special account at

the close of each calendar month shall be transferred by the

Department to the General Revenue Fund of the State Treasury.

K. The State of Oklahoma, the departments and agencies thereof,

including the Department of Public Safety, all political

subdivisions, and the officers and employees of each, shall not be

held legally liable in any suit in law or in equity for any

erroneous entry of a suspension upon the records of the Department,

nor for the enforcement of the provisions of the Compulsory
he State Treasury.

K. The State of Oklahoma, the departments and agencies thereof,

including the Department of Public Safety, all political

subdivisions, and the officers and employees of each, shall not be

held legally liable in any suit in law or in equity for any

erroneous entry of a suspension upon the records of the Department,

nor for the enforcement of the provisions of the Compulsory

Insurance Law performed in good faith.

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