Oklahoma § 47-24.4

§ 47-24.4.

1, 1985.

Repealed by Laws 1985, Chapter 179, § 99, operative July

§47-40-101. Accident report forms.

The Department shall prescribe standard forms for accident

reports for use by all police departments and all other appropriate

agencies. The accident reports shall call for sufficiently detailed

information to disclose the cause, the conditions then existing, the

persons and vehicles involved and such other information as

prescribed by the Commissioner.

Added by Laws 1967, c. 139, § 1. Amended by Laws 2011, c. 335, § 9.

§47-40-102. Traffic collision resulting in injury or death or

property damage exceeding certain amount - Reports - Confidentiality

- Allowing examination or reproduction for commercial solicitation

prohibited.

A. 1. Every law enforcement officer who, in the regular course

of duty, investigates or receives a report of a traffic collision

resulting in injury to or death of a person or total property damage

to an apparent extent of Five Hundred Dollars ($500.00) or more

shall prepare a written report of the collision on the standard

collision report form supplied by the Department of Public Safety.

The reports shall be forwarded within thirty (30) days of the

collision or, if the collision results in the death of any person,

then within twenty (20) days of the death of the person, whichever

time period is lesser, by the law enforcement agency preparing the

report to the Department of Public Safety.

2. Reports of collisions shall be kept confidential for a

period of sixty (60) days after the date of the collision; provided,

the reports shall be made available as soon as practicable upon

request to any:

a.

party involved in the collision,

b.

legal representatives of a party involved in the

collision,

c.

state, county or city law enforcement agency,

d.

the Department of Transportation or any county or city

transportation or road and highway maintenance agency,

e.

licensed insurance agents of a party involved in the

collision,

f.

insurer of a party involved in the collision,

g.

insurer to which a party has applied for coverage,

h.

person under contract with an insurer, as described in

subparagraph e, f or g of this paragraph, to provide

claims or underwriting information,

Oklahoma Statutes - Title 47. Motor Vehicles

i.

j.

prosecutorial authority,

newspaper as defined in Section 106 of Title 25 of the

Oklahoma Statutes,

k.

radio or television broadcaster,

l.

licensed private investigators employed by a party

involved in the collision, or

m.

provider of health services to a party involved in the

collision.

3. Any person who knowingly violates this section and obtains

or provides information made confidential by this section is guilty

of a misdemeanor and shall be fined no more than Two Thousand Five

Hundred Dollars ($2,500.00). Second and subsequent offenses shall

carry a penalty of imprisonment in the county jail for not more than

thirty (30) days.

B. 1. No public employee or officer shall allow a person to

examine or reproduce a collision report or any related investigation

report if examination or reproduction of the report is sought for

the purpose of making a commercial solicitation. Any person

requesting a collision report may be required to state, in writing,

under penalty of perjury, that the report will not be examined,

reproduced or otherwise used for commercial solicitation purposes.

It shall be unlawful and constitute a misdemeanor for any person to

obtain or use information from a collision report or a copy thereof

for the purpose of making a commercial solicitation.

2. As used in this subsection:

a.

"commercial solicitation" means any attempt to use, or

offer for use, personal information contained in a

collision report to solicit any person named in the

report, or a relative of the person, or to solicit a

professional, business, or commercial relationship

that is not pursuant to a request under paragraph 2 of

subsection A of this section. "Commercial

solicitation" does not include publication in a

newspaper, as defined in Section 106 of Title 25 of

the Oklahoma Statutes, or broadcast of information by

news media for news purposes, or obtaining information

for the purpose of verification or settlement of

claims by insurance companies, and

b.

"collision report" means any report regarding a motor

vehicle collision which has been submitted by an

individual or investigating officer on a form

prescribed or used by the Department of Public Safety

or local police department.

3. Publication in a newspaper, as defined in Section 106 of

Title 25 of the Oklahoma Statutes, or broadcast by news media for

news purposes shall not constitute a resale or use of data for trade

or commercial solicitation purposes. Because publication by a

Oklahoma Statutes - Title 47. Motor Vehicles

newspaper, broadcast by news media for news purposes, or obtaining

information for verification or settlement of claims by insurance

companies is not a resale or use of data for commercial solicitation

purposes, an affidavit shall not be required as a condition for

allowing a member of a newspaper or broadcast news media, or

allowing an agent, or business serving as an agent, to insurance

companies, to examine or obtain a copy of a collision report. Any

agent or business obtaining information for verification or

settlement of claims involving persons named in a report shall

secure an affidavit annually from each client stating the

information provided to the client shall not be used for commercial

solicitation purposes under penalty of law.

4. The Department and local police departments shall include

the following or a similar notice upon any copy of a collision

report furnished to others: "Warning - State Law. Use of contents

for commercial solicitation is unlawful."

C. As used in this section:

1. "Newspaper" means a legal newspaper as defined in Section

106 of Title 25 of the Oklahoma Statutes, provided that the primary

purpose of the newspaper is not the publication of personally

identifying information concerning parties involved in the traffic

collision;

2. "Provider of health services" means any person that provides

health care services to the injured person under a license,

certification or registration issued pursuant to Title 59 of the

Oklahoma Statutes, or any hospital or related institution that

offers or provides health care services under a license issued

pursuant to Section 1-702 et seq. of Title 63 of the Oklahoma

Statutes; and

3. "Personal information", as defined in Section 162 of Title

24 of the Oklahoma Statutes, means the first name or first initial

and last name in combination with and linked to any one or more of

the following data elements that relate to a resident of this state,

when the data elements are neither encrypted nor redacted:

a.

social security number,

b.

driver license number or state identification card

number issued in lieu of a driver license, or

c.

financial account number or credit or debit card

number in combination with any required security code,

access code or password that would permit access to

the financial accounts of a resident.

Personal information does not include information that is

lawfully obtained from publicly available information or from

federal, state or local government records lawfully made available

to the general public.

Added by Laws 1967, c. 139, § 2. Amended by Laws 1980, c. 100, § 3,

eff. Oct. 1, 1980; Laws 1996, c. 232, § 1, eff. Nov. 1, 1996; Laws

Oklahoma Statutes - Title 47. Motor Vehicles

1998, c. 344, § 1, eff. Nov. 1, 1998; Laws 1999, c. 14, § 1, eff.

Nov. 1, 1999; Laws 2000, c. 324, § 4, eff. July 1, 2000; Laws 2002,

c. 444, § 1, eff. Nov. 1, 2002; Laws 2004, c. 418, § 18, eff. July

1, 2004; Laws 2005, c. 1, § 56, emerg. eff. March 15, 2005; Laws

2005, c. 394, § 14, emerg. eff. June 6, 2005; Laws 2008, c. 302, §

4, emerg. eff. June 2, 2008; Laws 2019, c. 248, § 1, eff. Nov. 1,

2019.

NOTE: Laws 2004, c. 18, § 1 repealed by Laws 2005, c. 1, § 57,

emerg. eff. March 15, 2005.

§47-40-103.

Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003.

§47-40-104.

Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003.

§47-40-105. Renumbered as § 12-609 of this title by Laws 2003, c.

411, § 85, eff. Nov. 1, 2003.

§47-40-106.

30, 2007.

Repealed by Laws 2007, c. 62, § 38, emerg. eff. April

§47-40-107. Federal Highway Safety Act of 1966 - Securing of

benefits under.

The Governor, in addition to other duties and responsibilities

conferred upon him by the constitution and laws of this state is

hereby empowered to contract and to do all other things necessary to

secure the full benefits available to this state and its political

subdivisions under the Federal Highway Safety Act of 1966, and in so

doing, to cooperate with federal and state agencies, private and

public organizations, and with individuals to effectuate the

purposes of this enactment, and any and all subsequent amendments

thereto, and to accept and take advantage of any federal grants or

funds which are, or may hereafter be made available to the state in

carrying out the provisions of this act, and in law enforcement

training. The Governor shall be responsible for and is hereby

empowered to coordinate and administer through such appropriate

agencies or officers of this state as he shall designate or appoint

an individual coordinator and any clerical assistance necessary to

administer the related Highway Safety Programs of this state and

those of its political subdivisions, all in accordance with said act

and federal rules and regulations in implementation thereof.

Laws 1967, c. 347, § 1, emerg. eff. May 18, 1967.

§47-40-108.

Repealed by Laws 1993, c. 81, § 5, eff. July 1, 1993.

§47-40-109.

Repealed by Laws 1993, c. 81, § 5, eff. July 1, 1993.

§47-40-110.

Repealed by Laws 1993, c. 81, § 5, eff. July 1, 1993.

Oklahoma Statutes - Title 47. Motor Vehicles

§47-40-111.

Repealed by Laws 1993, c. 81, § 5, eff. July 1, 1993.

§47-40-112.

Repealed by Laws 1993, c. 81, § 5, eff. July 1, 1993.

§47-40-113.

10, 1980.

Repealed by Laws 1980, c. 68, § 1, emerg. eff. April

§47-40-121. Motorcycle Safety and Education Program.

A. There is hereby created in the Department of Public Safety

the "Motorcycle Safety and Education Program". The Commissioner of

Public Safety may hire an Administrator who shall be responsible for

the administration and operation of the Program, as determined by

the Commissioner.

B. 1. The Program shall include guidelines and standards for

courses of instruction, as established and approved by the

Commissioner and which are taught by certified instructors, as

prescribed by the Commissioner. The courses shall meet or exceed

nationally accepted standards for courses of instruction in

motorcycle safety and education. The courses shall include

instruction for novice and experienced motorcycle operators and

passengers, instruction in motorist awareness and alcohol and drug

awareness, and any other instruction the Commissioner deems

appropriate for motorcycle safety and education.

2. The Program may include provisions for marketing and

promotion, improving motorcycle license testing procedures, and such

other provisions as deemed appropriate by the Commissioner.

3. The Commissioner shall evaluate the Program every two (2)

years and shall periodically inspect public and private facilities

and equipment and periodically evaluate procedures used in the

courses of instruction. Evaluation and inspection reports shall be

submitted to the Advisory Committee.

C. The cost of administering and operating the Motorcycle

Safety and Education Program shall be funded by the Motorcycle

Safety and Education Program Revolving Fund, as created in Section

40-123 of this title. The Commissioner shall promulgate rules

necessary to implement and administer the provisions of Sections 40121 through 40-123 of this title.

Added by Laws 1999, c. 342, § 1, eff. Nov. 1, 1999. Amended by Laws

2002, c. 472, § 1, eff. July 1, 2002.

§47-40-122. Advisory Committee for Motorcycle Safety and Education.

A. There is hereby created the Advisory Committee for

Motorcycle Safety and Education which shall be comprised of the

Administrator of the Motorcycle Safety and Education Program in the

Department of Public Safety, who shall serve as chair of the

Committee and shall be a nonvoting member, and seven (7) voting

Oklahoma Statutes - Title 47. Motor Vehicles

members, six of whom shall be appointed by the Commissioner of

Public Safety and one of whom shall be appointed by the Insurance

Commissioner. One member shall be a certified instructor of

motorcycle safety and education; three members shall be licensed and

safety course certified motorcycle operators/owners; one member

shall represent private sector motorcycle rider education schools;

one member shall be a representative of the Oklahoma Highway Safety

Office; and the member appointed by the Insurance Commissioner shall

be an employee of the Insurance Commissioner's office. Members

shall serve at the pleasure of the appointing authority, except as

provided in subsection B of this section.

B. By January 1, 2011, the Commissioner of Public Safety shall

appoint three of the members of the Advisory Committee for

Motorcycle Safety and Education in accordance with the requirements

as modified in subsection A of this section upon the effective date

of this act. Once appointed all members shall serve at the pleasure

of the appointing authority.

C. The Committee shall meet at the call of the Administrator or

the Commissioner. A vice-chair shall be elected by the Committee

from among its members. The vice-chair shall act as chair of the

Committee only in the absence of the Administrator at officially

called meetings of the Committee.

D. The Committee shall advise and assist the Commissioner in

the development, administration and operation of the Motorcycle

Safety and Education Program and the setting of goals, objectives

and priorities for the Program.

E. The provisions of this section shall not be construed to

authorize the creation of any additional salaried position within

the Department of Public Safety.

F. Members of the Committee who are not state employees shall

receive no compensation from the state for serving on the Committee.

All members of the Committee shall be entitled to reimbursement for

any actual and necessary traveling expenses pursuant to the State

Travel Reimbursement Act.

Added by Laws 1999, c. 342, § 2, eff. Nov. 1, 1999. Amended by Laws

2002, c. 472, § 2, eff. July 1, 2002; Laws 2010, c. 70, § 1, emerg.

eff. April 9, 2010.

§47-40-123. Motorcycle Safety and Education Program Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Department of Public Safety to be designated the "Motorcycle

Safety and Education Program Revolving Fund". The fund shall be a

continuing fund, not subject to fiscal year limitations, and shall

consist of all fees, donations, federal funds and grants received

for the purpose of motorcycle safety and education programming. All

monies accruing to the credit of said fund are hereby appropriated

and may be budgeted and expended by the Commissioner of Public

Oklahoma Statutes - Title 47. Motor Vehicles

Safety for the purpose of operating the Motorcycle Safety and

Education Program. Expenditures from said fund shall be made upon

warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.

Added by Laws 1999, c. 342, § 3, eff. Nov. 1, 1999. Amended by Laws

2002, c. 472, § 3, eff. July 1, 2002; Laws 2012, c. 304, § 175.