Current through Vol. 41, No. 13, March 15, 2024
(a)
Changes. The changes in this Section to the federal rules adopted
by reference in
595:35-1-4
apply only to intrastate commerce.
(b)
Terminology. Unless
otherwise specified, the following terminology shall apply:
(1) "Department," as defined in
595:35-1-2, shall be
substituted wherever the term "Department of Transportation" or "Federal Motor
Carrier Safety Administration" is used.
(2) "Commissioner," as defined in
595:35-1-2, shall be
substituted wherever the term "Federal Motor Carrier Safety Administrator" or
"Regional Director" is used.
(c)
Scope of Definitions. The
definitions provided in (b) of this Section are limited in application to the
Act and the rules adopted to carry out the Act. These definitions do not alter,
replace or change any other definitions contained in Title 47 of the Oklahoma
Statutes.
(d)
Unified
Registration System.
(1)
Applicability. All motor carriers conducting operations in
intrastate commerce shall complete the Unified Registration System
(URS).
(2)
Availability. The Unified Registration System with complete
instructions is available on the Federal Motor Carrier Safety Administration
website
https://www.fmcsa.dot.gov/registration.
(3)
Filing. Intrastate motor
carriers are required to complete the Unified Registration System before
commencing operations, or if already operating, as soon as
practicable.
(4)
Updating
information in the Unified Registration System. Each intrastate motor
carrier must update their information:
(A) Any
time a motor carrier changes its name, address, or other details in their
record; and
(B) Every two years
based on the filing schedule found in
49
CFR 390.19(b)
(5)
Penalties. A motor carrier who fails to file a Motor Carrier
Identification Report or who, upon the report, furnishes misleading information
or makes false statements is subject to the penalties prescribed in 47 O.S.,
§230.9.
(6)
Issuance and
display of USDOT number. Upon processing of the Unified Registration
System, an identification number (USDOT number) will be issued to the motor
carrier. The motor carrier must display the number on both sides of each
self-propelled commercial motor vehicle, as defined in
595:35-1-5.
Intrastate motor carriers must mark each CMV power unit as follows:
(A) the motor carrier's legal name or single
trade name (DBA name) as shown in the Unified Registration System;
and
(B) the letters "USDOT"
proceeded by the identification number issued to the motor
carrier.
(e)
Qualification of drivers. The following addition is made to the
federal requirement in Qualifications of Drivers [
49 CFR §
391.11(b)(1) ] that a driver
be twenty-one (21) years of age or older: A driver in solely intrastate
commerce must be at least eighteen (18) years old and be at least twenty-one
(21) years old for the transportation of hazardous materials which are required
to be placarded or marked in accordance with
49 CFR §
177.823 or for transporting more than eight
(8) passengers for compensation or more than fifteen (15) passengers not for
compensation.
(f)
Relief from
regulations.
(1) The decision to
declare an emergency and grant relief from the hours of service regulations
rests in the sound discretion of the Commissioner of Public Safety or the
Commissioner's designee, the Governor, the appropriate Federal Motor Carrier
Safety Administration Field Administrator, or the President of the United
States.
(2) Upon completion of the
emergency restoration services, any on duty hours accumulated during the
emergency will be counted against the driver's allowable on duty hours and the
driver may not drive as long as the amount of accumulated on duty hours exceeds
those allowed by
49 CFR §
395.3. However, any period of eight (8)
consecutive days may end with the beginning of an off-duty period of
thirty-four (34) or more successive hours when taken at the end of any
emergency restoration service.
Amended at 9 Ok Reg 2581, eff 6-26-92; Amended at 10 Ok Reg
3211, eff 6-25-93; Amended at 12 Ok Reg 3269, eff 7-28-95; Amended at 13 Ok Reg
649, eff 12-1-95 (emergency); Amended at 13 Ok Reg 2837, eff 6-28-96; Amended
at 14 Ok Reg 3516, eff 8-12-97; Amended at 15 Ok Reg 3316, eff 7-13-98; Amended
at 16 Ok Reg 3171, eff 7-12-99; Amended at 17 Ok Reg 3044, eff 7-15-00; Amended
at 17 Ok Reg 3044, eff 7-15-00; Amended at 19 Ok Reg 2715, eff 7-15-02; Amended
at 20 Ok Reg 2720, eff 8-15-03; Amended at 21 Ok Reg 3028, eff 7-25-04; Amended
at 27 Ok Reg 1096, eff 12-18-09 through 7-14-10
(emergency)1; Amended at 29 Ok Reg 1394, eff 7-1-12;
Amended at 30 Ok Reg 2041, eff 7-25-13
