SECTION 595:35-1-6. Deletions, substitutions, and additions to federal rules adopted by reference

(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.

[Source: 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 331, eff 11-2-09 through 7-14-10 (emergency); Amended at 29 Ok Reg 1394, eff 7-1-12; Amended at 30 Ok Reg 2033, eff 7-25-13; Amended at 30 Ok Reg 2040, eff 7-25-13; Amended at 34 Ok Reg 1966, eff 9-11-17]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-10 (after the 7-14-10 expiration of this emergency action), the text of 595:35-1-6 reverted back to the permanent text that became effective 7-25-04, as was last published in the 2006 Edition of the OAC, and remained as such until amended by permanent action on 7-1-12.

EDITOR’S NOTE: The agency promulgated two permanent amended versions of this Section (595:35-1-16) with the same effective date (7-25-13). Both versions were published in the 2013, 2014 and 2015 OAC Supplements, and again in the 2016 Edition of the OAC. In 2017, the agency reconciled the two versions through permanent rulemaking, effective 9-11-17.