Oklahoma § 69-636.5 - Use and care of equipment and machinery - Liability of

§ 69-636.5. Use and care of equipment and machinery - Liability of

leasing county - Return.

A. Any county leasing road machinery and equipment from the

Department of Transportation shall use and care for said machinery

and equipment in a careful and prudent manner and shall pay all

Oklahoma Statutes - Title 69. Roads, Bridges, and Ferries

operating and maintenance expenses including any and all repairs

during the time said machinery or equipment is in its possession.

B. The leasing county assumes all risk and liability for and

shall hold the Department of Transportation and its agents harmless

from all damages to property and injuries and death to persons

arising out of the use, possession or transportation of said road

machinery or equipment.

C. When road machinery or equipment is returned to the

Department of Transportation prior to the payment in full of the

contract purchase price the county must notify the Department of

Transportation and request an inspection and appraisal of any such

unit of equipment or machinery. At the appointed time of inspection

of equipment or machinery being returned, a county commissioner, a

Department representative and an independent appraiser will

determine the fair market value of said equipment and machinery.

Should the appraised value not meet or exceed the balance

remaining on the contract for lease-purchase, the county shall be

assessed the difference and shall not be permitted to participate in

the County Road Machinery and Equipment Revolving Fund until such

difference is paid in full. The extent of the financial obligation

by the county will be based on the appraisal of equipment and road

machinery at the time of inspection.

The county may elect to remedy any deficiencies noted at the

inspection meeting and request a subsequent inspection and appraisal

after the deficiencies are corrected.

D. All risk physical damage insurance shall be carried on all

equipment and road machinery purchased through the County Road

Machinery and Equipment Revolving Fund. The Department is

authorized to arrange such coverage and include the cost of premium

in the lease-purchase contract. The county is authorized to request

such coverage through the Department or provide said coverage

through a county insurance plan.

Added by Laws 1982, c. 286, § 6. Amended by Laws 1993, c. 75, § 2,

eff. Sept. 1, 1993.