Oklahoma § 47-230.6 - Certain uses and activities of vehicles and containers

§ 47-230.6. Certain uses and activities of vehicles and containers

prohibited.

A. No person prohibited from operating a commercial vehicle

shall operate such commercial motor vehicle, nor shall any person

authorize or require a person who has been prohibited from such

operation of a motor vehicle to operate a commercial motor vehicle.

B. No person shall operate, authorize to operate, or require

the operation of any vehicle or the use of any container when the

person has been placed out-of-service or the vehicle or container

has been marked out-of-service until all requirements of the out-ofservice order of the person have been met or all required

corrections for the vehicle or container have been made; provided,

upon approval of the Department, the vehicle or container may be

moved to another location for the purpose of repair or correction.

C. No person shall remove an out-of-service marking from a

transport vehicle or container unless all required corrections have

been made and the vehicle or container has been inspected and

approved by an authorized officer, employee, or agent of the

Department. No person shall return to duty unless all requirements

of the out-of-service order have been met and the person has been

approved to return to duty by an authorized officer, employee or

agent of the Department.

D. No employer shall knowingly allow, require, permit or

authorize an employee to operate a commercial motor vehicle:

1. During any period in which the employee:

a.

has had driving privileges to operate a commercial

motor vehicle suspended, revoked, canceled, denied or

disqualified,

b.

has had driving privileges to operate a commercial

motor vehicle disqualified,

c.

is not licensed to operate a commercial motor vehicle;

provided, this subparagraph shall not apply to any

person who is the holder of a valid commercial learner

permit issued by the Department in conjunction with a

Class D driver license,

Oklahoma Statutes - Title 47. Motor Vehicles

d.

has more than one commercial driver license; provided,

this subparagraph shall not apply to any person who is

the holder of a valid commercial learner permit issued

by Service Oklahoma in conjunction with a Class A, B

or C driver license,

e.

does not have the proper class or endorsements on the

driver license or commercial learner permit, or

f.

is in violation of any restriction on the driver

license or commercial learner permit;

2. During any period in which the employee, the commercial

motor vehicle which the employee is operating, the motor carrier

business or operation, or the employer is subject to an out-ofservice order; or

3. In violation:

a.

of a federal, state, or local law, regulation, or

ordinance pertaining to railroad-highway grade

crossings, or

b.

of any restriction on the driver license or commercial

learner permit of the employee.

E. An employer who is determined by the Commissioner to have

committed a violation of subsection D of this section shall be

subject to an administrative penalty of not less than Two Thousand

Seven Hundred Fifty Dollars ($2,750.00) nor more than Twenty-five

Thousand Dollars ($25,000.00).

F. An employee who is determined by the Commissioner to have

committed a violation of any provision of this section shall be

subject to an administrative penalty of not less than Two Thousand

Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars

($5,000.00).

Added by Laws 1986, c. 80, § 6, eff. Nov. 1, 1986. Amended by Laws

1998, c. 345, § 3, eff. Nov. 1, 1998; Laws 2001, c. 309, § 6, eff.

Nov. 1, 2001; Laws 2002, c. 169, § 4, eff. Oct. 1, 2002; Laws 2004,

c. 390, § 14, eff. Sept. 1, 2005; Laws 2012, c. 207, § 9, emerg.

eff. May 8, 2012; Laws 2013, c. 259, § 8, eff. Nov. 1, 2013; Laws

2022, c. 282, § 100, emerg. eff. May 19, 2022.