Oklahoma § 47-230.9 - Compliance with act - Violations - Penalties

§ 47-230.9. Compliance with act - Violations - Penalties

A. The transportation of any property in commerce, including

hazardous materials or the transportation of passengers for

compensation or for hire by bus, that is not in compliance with the

Oklahoma Motor Carrier Safety and Hazardous Materials Transportation

Act or the rules issued pursuant thereto, is prohibited.

B. Pursuant to the provisions of this section and except as

otherwise provided by subsection D of this section, any person who

is determined by the Commissioner of Public Safety to have

committed:

1. An act which is a violation of a recordkeeping requirement

of this title or of any rule or regulation promulgated thereto or

the Federal Motor Carrier Safety Act of 1984, such person shall be

liable to the State of Oklahoma for an administrative penalty not to

exceed One Hundred Dollars ($100.00) for each offense, provided that

the total of all administrative penalties assessed against any

violator pursuant to this paragraph for all offenses related to any

single violation shall not exceed Five Hundred Dollars ($500.00);

Oklahoma Statutes - Title 47. Motor Vehicles

2. An act or acts other than recordkeeping requirements, which

evidences a serious pattern of safety violations, as determined by

the Commissioner, such person shall be liable to the State of

Oklahoma for an administrative penalty not to exceed Two Hundred

Dollars ($200.00) for each offense, provided the maximum fine for

each pattern of safety violations shall not exceed One Thousand

Dollars ($1,000.00). The Commissioner may consider present and

prior offenses in determining a serious pattern of safety

violations; or

3. An act or acts which evidences to the Commissioner, that a

substantial health or safety violation exists or has occurred which

could reasonably lead to or has resulted in serious personal injury

or death, such person shall be liable to the State of Oklahoma for

an administrative penalty not to exceed One Thousand Dollars

($1,000.00) for each offense.

C. Each day of violation as specified in subsection B of this

section shall constitute a separate single violation/offense.

D. Except for recordkeeping violations, no administrative

penalty shall be assessed pursuant to the provisions of this

section, against an employee of any person subject to the provisions

of the Oklahoma Motor Carrier Safety and Hazardous Materials

Transportation Act for a violation unless the Commissioner

determines that such actions of the employee constituted gross

negligence or reckless disregard for safety in which case such

employee shall be liable for an administrative penalty not to exceed

One Thousand Dollars ($1,000.00).

E. In determining the amount of any administrative penalty and

the reasonable amount of time for abatement of the violation, the

Commissioner shall include, but not be limited to, consideration of

the nature, circumstances and gravity of the violation, and with

respect to the person found to have committed the violation, the

degree of culpability, history of prior offenses, effect on ability

to continue to do business and such other matters as justice and

public safety may require. In each case, the penalty shall be

calculated to induce further compliance.

F. The Commissioner or his designated representative shall

assess the amount of any administrative penalty, after notice and an

opportunity for hearing, by written notice to the violator together

with notice of findings in the case. An appeal therefrom may be

made to the district court of Oklahoma County pursuant to the

provisions of Sections 318 through 323 of Title 75 of the Oklahoma

Statutes.

G. An administrative penalty assessed by the Commissioner may

be recovered:

1. In an action brought by the Attorney General on behalf of

the State of Oklahoma. However, before referral to the Attorney

Oklahoma Statutes - Title 47. Motor Vehicles

General, the administrative penalty may be compromised by the

Commissioner;

2. By the Commissioner in the appropriate district court of the

State of Oklahoma; or

3. By the Commissioner in an administrative hearing conducted

by the Department of Public Safety.

H. The first One Hundred Thousand Dollars ($100,000.00) of the

administrative penalties collected each fiscal year pursuant to the

provisions of the Oklahoma Motor Carrier Safety and Hazardous

Materials Transportation Act shall be deposited in the General

Revenue Fund of the State of Oklahoma. All other monies collected

in excess of One Hundred Thousand Dollars ($100,000.00) each fiscal

year shall be deposited to the credit of the Department of Public

Safety Restricted Revolving Fund for the purpose of administering

the Oklahoma Motor Carrier Safety and Hazardous Materials

Transportation Act.

Added by Laws 1986, c. 80, § 9, eff. Nov. 1, 1986. Amended by Laws

1987, c. 176, § 1, operative July 1, 1987; Laws 1992, c. 179, § 2,

eff. July 1, 1992; Laws 1993, c. 259, § 45, operative Sept. 1, 1993;

Laws 2002, c. 474, § 1, emerg. eff. June 6, 2002; Laws 2004, c. 390,

§ 15, eff. July 1, 2004; Laws 2012, c. 283, § 13, eff. July 1, 2012.