Oklahoma § 74-152.6 - Certain peace officers authorized to stop certain

§ 74-152.6. Certain peace officers authorized to stop certain

vehicles - Taking samples and inspecting load ticket - Presumption

of unlawful cargo.

A. Each agent of the Oklahoma State Bureau of Investigation,

each agent of the Federal Bureau of Investigation, each highway

patrolman, each sheriff and each state-certified peace officer in

Oklahoma Statutes - Title 74. State Government

this state is authorized to stop any vehicle transporting or

appearing to transport oil, gas or salt water, for the purpose of

inspecting, measuring, and taking samples of the cargo and

inspecting the load ticket of such vehicle to ensure that the cargo

conforms to such load ticket. Except as authorized in subsection C

of this section, upon stopping any vehicle pursuant to this section,

such patrolmen, agents, sheriffs or peace officers are not

authorized to take any samples of the cargo of such vehicle until

the vehicle arrives at its destination as indicated on its load

ticket.

B. Each agent of the Oklahoma State Bureau of Investigation,

each agent of the Federal Bureau of Investigation, each highway

patrolman, each sheriff and each state-certified peace officer in

this state is authorized to stop any vehicle transporting or

appearing to transport oil field equipment, for the purpose of

inspecting the cargo and inspecting the bill of lading of the

vehicle to ensure that the cargo conforms to the bill of lading.

C. Such patrolmen, agents, sheriffs or peace officers may take

samples of the cargo of such vehicle if the vehicle has an out-ofstate destination as indicated on its load ticket or if no

destination is indicated on the load ticket.

D. A rebuttable presumption that the cargo is unlawful oil or

unlawful gas and probable cause for the arrest of any person

transporting oil, gas or salt water and the seizure of the vehicle

and the oil or gas transported in the vehicle pursuant to Section

152.8 of this title shall be established if:

1. The person transporting oil or gas or salt water fails to

produce the load ticket upon proper request therefor;

2. The load ticket does not contain such information so as to

describe or otherwise evidence the cargo as required by state or

federal laws; or

3. The inspection, measuring, or taking samples of said oil or

gas or salt water reveals that the contents of the vehicle are not

the same as those described in the load ticket.

Added by Laws 1985, c. 187, § 5, eff. Nov. 1, 1985. Amended by Laws

2008, c. 364, § 4, eff. Jan. 1, 2009.