SECTION 165:30-3-71. Loading capacity - Safety compliance

(a)   No intrastate motor carrier or private carrier shall operate or allow any employee, agent or any other person to operate a motor vehicle owned or leased to it in violation of the size and weight limits established by the State Statutes. Factors to be considered when an application for suspension or revocation is made are set forth in subsection (d)(1) through (5).

(b)   No person, firm or corporation shall assist in the commission of such overweight violation or cause a motor vehicle to be overloaded.

(c)   No intrastate motor carrier shall operate or allow any employee, agent or any other person to operate a motor vehicle owned or leased to it in violation of the safety standards established by the state statutes.

(d)   A compliance audit may be conducted by the Commission and will be based upon, but not limited to the following:

(1)   Frequency of violations.

(2)   Pattern of violations.

(3)   Fleet size.

(4)   Type of operation.

(5)   Overweight excess.

(e)   Motor carriers obtaining a permit authorizing the operation of an oversize or overweight vehicle shall maintain a copy of the permit in accordance with 165:30-3-33.

(f)   When performing an overweight audit, a certified load ticket or scale ticket shall be considered the actual weight of the vehicle or vehicle combination unless other reliable evidence is presented.

[Source: Amended at 12 Ok Reg 1005, eff 1-1-95 (emergency); Amended at 12 Ok Reg 2077, eff 7-1-95; Amended at 14 Ok Reg 2539, eff 7-1-97; Amended at 26 Ok Reg 1398, eff 7-1-09; Amended at 27 Ok Reg 1773, eff 7-1-10; Amended at 29 Ok Reg 951, eff 7-1-12]