Oklahoma § 47-230.28 - Motor carrier license required - Guidelines for

§ 47-230.28. Motor carrier license required - Guidelines for

granting license - Suspension and revocation - Additional powers of

Commission - Application requirements - Hearing - Notice.

Oklahoma Statutes - Title 47. Motor Vehicles

A. It shall be unlawful for any motor carrier to operate or

furnish service within this state without first having obtained from

the Commission a license declaring that all insurance requirements

have been met and that the carrier will operate within all existing

rules and state laws pertaining to safety standards, size and weight

requirements and, when applicable, lawful handling and disposal of

hazardous materials and deleterious substances, and will operate in

such a manner as to ensure there will be no detrimental

environmental impact. It shall also be unlawful for any private

carrier to operate or furnish service within this state without

first having obtained from the Corporation Commission a license

declaring that all insurance requirements have been met and that the

carrier will operate within all existing rules and state laws

pertaining to safety standards, size and weight requirements and,

when applicable, lawful handling and disposal of hazardous materials

and deleterious substances, and will operate in such a manner as to

ensure there will be no detrimental environmental impact. The

Commission shall have power, and it shall be its duty, to issue the

license or set the application for hearing within thirty (30) days

of the Commission determining that the application is complete. Any

such hearing shall be scheduled to occur on a date within an

additional forty-five (45) business days of such determination. The

mere filing of an application does not authorize any person to

operate as a carrier.

B. In granting applications for licenses, the Commission shall

take into consideration the reliability of the applicant; the proper

equipment meeting minimum safety criteria as adequate to perform the

service; and the applicant’s sense of responsibility toward the

public and the environment.

C. The Commission may, at any time after a public hearing and

for good cause, suspend or revoke any license. Provided, the record

owner of the license shall be entitled to have ten (10) days’

written notice by certified mail from the Commission of any hearing

affecting the license, except as otherwise provided in the Motor

Carrier Act of 1995. The right of appeal from such order or orders

shall be given as in other cases appealed from orders of the

Commission.

D. The Commission shall be authorized to exercise any

additional power that may from time to time be conferred upon the

state by any Act of Congress. The Commission shall adopt rules

prescribing the manner and form in which motor carriers and private

carriers shall apply for licenses required by the Motor Carrier Act

of 1995. Among other rules adopted, the application shall be in

writing and shall set forth the following facts:

1. The name and address of the applicant and the names and

addresses of its officers, if any;

Oklahoma Statutes - Title 47. Motor Vehicles

2. Full information concerning the physical properties of the

applicant; and

3. Such other information as the Commission may consider

pertinent to the application.

Added by Laws 1995, c. 143, § 8, eff. Nov. 1, 1995. Amended by Laws

2004, c. 522, § 10, eff. July 1, 2004; Laws 2005, c. 418, § 3,

emerg. eff. June 6, 2005.