Oklahoma § 47-230.34 - Short title

§ 47-230.34. Short title

This act shall be known and may be cited as the “Motor Carrier

Harvest Permit Act of 2006”.

Added by Laws 2006, c. 140, § 1, emerg. eff. May 10, 2006.

§47-230.34a. Issuance of harvest permit - Duration - Application Fees - Violation and bond - Rules.

A. Any person, firm, partnership, limited liability company, or

corporation owning or possessing a vehicle and required to register

the vehicle under the laws of this state for the purpose of

transporting farm products in a raw state may receive a harvest

permit from the Oklahoma Corporation Commission.

B. The harvest permit shall be recognized in lieu of

registration, fuel permit and intrastate operating authority in this

state. The harvest permit shall be issued to the operating motor

carrier.

Oklahoma Statutes - Title 47. Motor Vehicles

C. Each permit shall be valid for a period of thirty (30) or

sixty (60) days. The permit shall identify the time and date of its

issuance and shall additionally reflect its effective and expiration

dates.

D. The following information shall be required of an applicant

for a harvest permit and shall apply to each vehicle to be operated

under the permit:

1. Owner of the vehicle;

2. Vehicle registrant;

3. Make, model, year, license plate number, state of

registration and VIN of each vehicle which will be operated under

the permit; and

4. The operating carrier must provide a certificate that each

vehicle is operating under a liability insurance policy valid in

Oklahoma for Three Hundred Fifty Thousand Dollars ($350,000.00) or

more.

E. There shall be a fee of Twenty Dollars ($20.00) per axle for

a thirty-day permit or Thirty-five Dollars ($35.00) per axle for a

sixty-day permit, for each vehicle registered pursuant to the Motor

Carrier Harvest Permit Act of 2006. Revenue derived from this fee

shall be apportioned as follows:

1. One-half (1/2) of the revenue shall be deposited in the

Weigh Station Improvement Revolving Fund as set forth in Section

1167 of Title 47 of the Oklahoma Statutes; and

2. The remaining amount shall be deposited in the One-Stop

Trucking Fund as set forth in Section 1167 of Title 47 of the

Oklahoma Statutes.

F. A harvest permit may be extended in fifteen-day increments.

The permit holder shall be required to pay the additional prorated

portion of the tag fee at Eight Dollars and seventy-five cents

($8.75) per axle per fifteen-day extension.

G. An application for a harvest permit shall be made to the

Corporation Commission. The Corporation Commission shall allow

applications to be submitted by facsimile and electronically. The

Commission must provide reasonable access for persons to obtain a

harvest permit before taking enforcement action.

H. If found to be in violation of the Motor Carrier Harvest

Permit Act of 2006 for failure to obtain or maintain a current

harvest permit, the operating carrier shall post bond in the amount

of the cost of the harvest permit and shall be allowed seventy-two

(72) hours to apply for the permit. If the operating carrier makes

application within seventy-two (72) hours, the bond amount will be

applied toward the harvest permit fee.

I. A harvest permit does not exempt its holder from federal or

state safety regulations nor from the state’s size and weight laws

or rules.

Oklahoma Statutes - Title 47. Motor Vehicles

J. The Corporation Commission may enter into an agreement with

any person or corporation located within or outside of the state for

transmission of harvest permits by way of facsimile or other device

when the Corporation Commission determines that such agreements are

in the best interest of the state.

K. The Corporation Commission may promulgate rules to

administer the provisions of the Motor Carrier Harvest Permit Act of

2006.

Added by Laws 2006, c. 140, § 2, emerg. eff. May 10, 2006.

§47-230.34b. Proximity of portable scale to commercial grain

elevator — Exceptions.

A portable scale used at any location other than an official

weigh station by the Department of Public Safety or the Corporation

Commission to weigh any vehicle transporting grain shall not be

located within two (2) highway miles of any commercial grain

elevator. This section shall not apply if the vehicle is:

1. Involved in a collision;

2. Being subjected to a Commercial Vehicle Safety Alliance

(CVSA) inspection by the Department of Public Safety; or

3. Operated on any highway of the national defense highway

system.

Added by Laws 2006, c. 140, § 3, emerg. eff. May 10, 2006. Amended

by 2006, c. 243, § 1, emerg. eff. June 6, 2006.