Oklahoma § 47-177.3 - Violations - Penalties

§ 47-177.3. Violations - Penalties

A. It shall be unlawful for a motor carrier, whether private,

common, or contract, to dump, disperse, or otherwise release

substances described in Section 177.2 of this title upon a public

highway or elsewhere except on property or in wells, reservoirs, or

other receptacles owned, held, leased, or otherwise rightfully and

legally available to the motor carrier for such use and purpose.

B. It shall be unlawful for any motor truck or tank vehicle

used to transport substances described in Section 177.2 of this

title to have a release device located or operated in any manner

from within the cab of such a motor vehicle.

C. Any violation of the provisions of subsections A or B of

this section shall constitute a misdemeanor. It shall be the duty

of the prosecuting attorney of the county in which a violation of

the provisions of this section occurs to file and prosecute the

aforementioned misdemeanor charge and advise the Commission of such

action and the results thereof.

D. The Oklahoma Corporation Commission may initiate contempt

proceedings for any violation concerning disposal by a carrier of a

substance described in Section 177.2 of this title. The first

violation proven by the Commission in any calendar year shall result

in a motor carrier or private carrier being warned by the Commission

and, upon conviction, fined up to Two Thousand Five Hundred Dollars

($2,500.00). A second violation proven by the Commission in any

calendar year shall result in a motor carrier or private carrier

being placed on probation and fined up to Five Thousand Dollars

($5,000.00) by the Commission. A third violation proven by the

Commission in any calendar year shall result in a fine of up to

Twenty Thousand Dollars ($20,000.00), and, at the discretion of the

Commission, cancellation of the carrier's license for a period up to

one (1) year and cancellation of a motor carrier or private carrier

deleterious substance transport permit. The driver of a truck, who

is not the owner of the vehicle used in violation of this section or

any of the rules and regulations of the Oklahoma Corporation

Commission, shall be adjudicated a codefendant and subject to a fine

equal to ten percent (10%) of the fine assessed to the owner of such

vehicle, up to Five Hundred Dollars ($500.00).

Added by Laws 1965, c. 422, § 3, emerg. eff. July 8, 1965. Amended

by Laws 1968, c. 190, § 13, eff. Sept. 30, 1968; Laws 1983, c. 151,

§ 2, emerg. eff. May 26, 1983; Laws 1985, c. 124, § 3, eff. July 1,

1985; Laws 1993, c. 145, § 254, eff. July 1, 1993; Laws 1995, c.

143, § 34, eff. Nov. 1, 1995.