ENROLLED HOUSE
BILL NO. 2328	By:	Bennett of the House

				and

		Allen of the Senate

An Act relating to motor vehicles; amending 47 O.S. 2011, Section 14-103G, as amended by Section 1, Chapter 221, O.S.L. 2013 (47 O.S. Supp. 2013, Section 14-103G), which relates to oversize annual permits; providing for certain annual permit option; limiting load size axles; requiring vehicle identification number to be on permit; setting fee; providing for certain delivery of permit; providing for certain replacement; establishing replacement fee; amending 47 O.S. 2011, Section 14-118, as last amended by Section 30, Chapter 15, O.S.L. 2013 (47 O.S. Supp. 2013, Section 14-118), which relates to the Oklahoma Load Limit Map; requiring map be available on Internet; requiring periodic revision; and declaring an emergency.

SUBJECT:  Vehicle size, weight and load

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     47 O.S. 2011, Section 14-103G, as amended by Section 1, Chapter 221, O.S.L. 2013 (47 O.S. Supp. 2013, Section 14-103G), is amended to read as follows:

Section 14-103G.  A.  1.  The Department of Public Safety may issue an annual vehicle permit under the provisions of this subsection to a specific vehicle, for the movement of oversize or overweight loads that cannot reasonably be dismantled.  Unless otherwise provided by law, permits issued under this subsection shall be subject to the conditions described in paragraphs 2 through 8 of this subsection.

2.  Oversize or overweight loads operating under an annual vehicle permit shall not exceed:

a.	twelve (12) feet in width,

b.	fourteen (14) feet in height,

c.	one hundred ten (110) feet in length, or

d.	one hundred twenty thousand (120,000) pounds gross weight.

3.  Oversize or overweight loads operating under an annual vehicle permit under this subsection shall not transport a load that has more than a twenty-five-foot front overhang, or more than a thirty-foot rear overhang.

4.  The fee for an annual vehicle permit shall be Four Thousand Dollars ($4,000.00) and shall be nonrefundable.

5.  The annual vehicle permit shall be issued for one (1) calendar year period and shall commence upon the date specified on the permit.

6.  An annual vehicle permit issued pursuant to this subsection shall be nontransferable between permittees.

7.  The permitted vehicle or vehicle combination shall be registered in accordance with the provisions of Chapter 14 of Title 47 of the Oklahoma Statutes this title for maximum weight.

8.  An annual vehicle permit issued pursuant to this subsection may be transferred from one vehicle to another vehicle in the fleet of the permittee provided:

a.	the permitted vehicle is destroyed or otherwise becomes permanently inoperable to the extent that the vehicle will no longer be utilized, and the permittee presents proof to the Department of Public Safety that the negotiable certificate of title or other qualifying documentation has been surrendered to the Department of Public Safety, or

b.	the certificate of title to the permitted vehicle is transferred to someone other than the permittee, and the permittee presents proof to the Department of Public Safety that the negotiable certificate of title or other qualifying documentation has been transferred from the permittee.

9.  A permit issued for loads specific to turbine blades, used for the purpose of wind generation, may exceed a length of one hundred ten (110) feet.

B.  1.  The Department of Public Safety may issue an annual vehicle permit under this subsection to a specific motor carrier, for the movement of oversize or overweight loads that cannot reasonably be dismantled.  An annual vehicle permit issued under this subsection may be transferred from one vehicle to another vehicle in the fleet of the permittee provided:

a.	that no more than one vehicle is operating at a time, and

b.	the original certified permit is carried in the vehicle that is being operated under the terms of the permit.

2.  An annual vehicle permit issued under this subsection shall be sent to the permittee via first-class, registered mail, or at the request and expense of the permittee via overnight delivery service.  The annual vehicle permit shall not be duplicated.  The annual vehicle permit shall be replaced only if:

a.	the permittee did not receive the original permit within seven (7) business days after the date of issuance,

b.	a request for replacement is submitted to the Department of Public Safety within ten (10) business days after the original date of issuance of the permit, and

c.	the request for replacement is accompanied by a notarized statement signed by a principal or officer of the permittee acknowledging that the permittee understands the permit may not be duplicated and that if the original permit is located, the permittee shall return either the original or replacement permit to the Department of Public Safety.

3.  A request for replacement of an annual vehicle permit issued pursuant to the provisions of this subsection shall be denied if the Department of Public Safety can verify that the permittee received the original annual vehicle permit.

4.  Lost, misplaced, damaged, destroyed, or otherwise unusable annual vehicle permits shall not be replaced.  A new permit shall be required and shall be issued by the Department of Public Safety.

C.  1.  The Department of Public Safety may issue an annual fleet permit under this subsection to an electric utility, regulated by the Corporation Commission of Oklahoma or a rural electric cooperative solely for the movement of poles.  An annual fleet permit issued under this subsection may be used by any vehicle in the fleet of the permittee provided that a certified copy of the permit is carried in each vehicle that is being operated under the terms of the permit.

2.  Oversize loads operating under an annual permit issued pursuant to this subsection shall not exceed:

a.	twelve (12) feet in width,

b.	fourteen (14) feet in height, or

c.	fifty-five (55) feet in length.

3.  The annual fee for an annual fleet permit issued pursuant to this subsection shall be Four Thousand Dollars ($4,000.00) and shall be nonrefundable.

4.  The annual fleet permit shall be issued for a one-calendar-year period and shall commence upon the date specified on the permit.

5.  The annual fleet permit issued under this subsection shall be sent to the permittee via first class, registered mail, or at the request and expense of the permittee via overnight delivery service.  The annual permit shall be replaced only if:

a.	the permittee did not receive the original permit within seven (7) business days after the date of the issuance,

b.	a request for replacement is submitted to the Department of Public Safety within ten (10) business days after the original date of issuance of the permit, and

c.	the request for replacement is accompanied by a notarized statement signed by an authorized person of the permittee acknowledging that if the original permit is located, the permittee shall either return the original or replacement permit to the Department of Public Safety.

6.  A request for replacement of an annual permit issued under the provisions of this subsection shall be denied if the Department of Public Safety can verify the permittee received the original annual permit.

7.  Lost, misplaced, damaged, destroyed or otherwise unusable annual permits shall not be replaced.  A new permit shall be required and shall be issued by the Department of Public Safety.

8.  For the purposes of paragraph 5 of subsection C of Section 14-103 of this title, the term "emergency" means any permitted movement of poles pursuant to the provisions of this subsection that is not for new construction of electric distribution facilities.

D.  1.  The Department of Public Safety shall issue an annual vehicle permit under this subsection to a transportation company or manufacturer of portable buildings solely for the movement of oversize portable buildings for a specific manufacturer of portable buildings.  An annual vehicle permit issued under this subsection may not be transferred from one vehicle to another vehicle in the fleet.  The name of the manufacturer shall be on the permit and on any portable building being moved.  The original certified permit shall be carried in the vehicle that is being operated under the terms of the permit.

2.  Oversize loads operating under an annual vehicle permit issued pursuant to this subsection shall not exceed:

a.	twelve (12) feet in width at the wall with no more than a three-inch-eave overhang, or

b.	fourteen (14) feet in height.

3.  The total gross weight of oversize loads operating under an annual vehicle permit issued pursuant to this subsection shall not exceed forty-five thousand (45,000) pounds.

4.  The tow vehicle shall be limited to two axles, and the vehicle identification number of the vehicle shall be on the permit.

5.  The fee for an annual vehicle permit issued pursuant to this subsection shall be Five Hundred Dollars ($500.00) and shall be nonrefundable.

6.  An annual vehicle permit issued under this subsection shall be sent to the permittee via first-class, registered mail, or at the request and expense of the permittee via overnight delivery service.  The annual vehicle permit shall not be duplicated.  The annual vehicle permit shall be replaced only if:

a.	the permittee did not receive the original permit within seven (7) business days after the date of issuance,

b.	a request for replacement is submitted to the Department of Public Safety within ten (10) business days after the original date of issuance of the permit, and

c.	the request for replacement is accompanied by a notarized statement signed by a principal or officer of the permittee acknowledging that the permittee understands the permit may not be duplicated and that if the original permit is located, the permittee shall return either the original or replacement permit to the Department of Public Safety.

7.  A request for replacement of an annual vehicle permit issued pursuant to the provisions of this subsection shall be denied if the Department of Public Safety can verify that the permittee received the original annual vehicle permit.

8.  A lost, misplaced, damaged, destroyed, or otherwise unusable annual vehicle permit shall be replaced for a fee of Twenty-five Dollars ($25.00).

SECTION 2.     AMENDATORY     47 O.S. 2011, Section 14-118, as last amended by Section 30, Chapter 15, O.S.L. 2013 (47 O.S. Supp. 2013, Section 14-118), is amended to read as follows:

Section 14-118.  A.  1.  Pursuant to such rules as may be prescribed by Oklahoma agencies of jurisdiction, Oklahoma motor carriers may engage in any activity in which carriers subject to the jurisdiction of the federal government may be authorized by federal legislation to engage.  Provided further, the Transportation Commission shall formulate, for the State Trunk Highway System, including the National System of Interstate and Defense Highways, and for all other highways or portions thereof, rules governing the movement of vehicles or loads which exceed the size or weight limitations specified by the provisions of this chapter.

2.  Such rules shall be the basis for the development of a system by the Commissioner of Public Safety for the issuance of permits for the movement of oversize or overweight vehicles or loads.  Such system shall include, but not be limited to, provisions for duration, seasonal factors, hours of the day or days when valid, special requirements as to flags, flagmen and warning or safety devices, and other such items as may be consistent with the intent of this section.  The permit system shall include provisions for the collection of permit fees as well as for the issuance of the permits by telephone, electronic transfer or such other methods of issuance as may be deemed feasible.

3.  The Department of Public Safety is authorized to charge a fee of Two Dollars ($2.00) for each permit requested to be issued by facsimile machine or by any other means of electronic transmission, transfer or delivery.  The fee shall be in addition to any other fee or fees assessed for the permit.  The fee shall be deposited in the State Treasury to the credit of the Department of Public Safety Restricted Revolving Fund and the monies shall be expended by the Department solely for the purposes provided for in this chapter.

4.  It is the purpose of this section to permit the movement of necessary overweight and oversize vehicles or loads consistent with the following obligations:

a.	protection of the motoring public from potential traffic hazards,

b.	protection of highway surfaces, structures, and private property, and

c.	provision for normal flow of traffic with a minimum of interference.

B.  The Transportation Commission shall prepare and publish a map of the State of Oklahoma showing by appropriate symbols the various highway structures and bridges in terms of maximum size and weight restrictions.  This map shall be titled "Oklahoma Load Limit Map" and shall be revised periodically to maintain a reasonably current status and in no event shall a period of two (2) years lapse between revisions and publication of same the printed version of the Oklahoma Load Limit Map.  This map shall also be made available by the Department of Transportation on the Internet, and in no event shall a period of six (6) months lapse between revisions of the information provided on the Internet.  Provided, further, the Secretary of the Department of Transportation shall prepare and publish a map of the State of Oklahoma showing the advantages of this state as a marketing, warehousing and distribution network center for motor transportation sensitive industries.

C.  The Commissioner of Public Safety, or an authorized representative, shall have the authority, within the limitations formulated under provisions of this chapter, to issue, withhold or revoke special permits for the operation of vehicles or combinations of vehicles or loads which exceed the size or weight limitations of this chapter.  Every such permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or authorized agent of any authority granting such permit, and no person shall violate any of the terms or conditions of such special permit.

D.  It shall be permissible in the transportation of empty trucks on any road or highway to tow by use of saddlemounts; i.e., mounting the front wheels of one vehicle on the bed of another leaving the rear wheels only of such towed vehicle in contact with the roadway.  One vehicle may be fullmounted on the towing or towed vehicles engaged in any driveaway or towaway operation.  No more than three saddlemounts may be permitted in such combinations.  The towed vehicles shall be securely fastened and operated under the applicable safety requirements of the United States Department of Transportation and such combinations shall not exceed an overall length of seventy-five (75) feet.  Provided, a driveaway saddlemount with fullmount vehicle transporter combination may reach an overall length of ninety-seven (97) feet on the National Network of Highways.

E.  The Commissioner of Public Safety, upon application of any person engaged in the transportation of forest products in the raw state, which is defined to be tree-length logs moving from the forest directly to the mill, or upon application of any person engaged in the hauling for hire or for resale, of round baled hay with a total outside width of eleven (11) feet or less, shall issue an annual permit, upon payment of a fee of Twenty-five Dollars ($25.00) each year, authorizing the operation by such persons of such motor vehicle load lengths and widths upon the highways of this state except on the National System of Interstate and Defense Highways.  Provided, however, the restriction on use of the National System of Interstate and Defense Highways shall not be applicable to persons engaged in the hauling of round baled hay with a total outside width of eleven (11) feet or less.

F.  The Commissioner of Public Safety, upon application of any person engaged in the transportation of overwidth or overheight equipment used in soil conservation work with a total outside width of twelve (12) feet or less, shall issue an annual permit, upon payment of a fee of Twenty-five Dollars ($25.00) each year, authorizing the operation by such persons of such motor vehicle load lengths and widths upon the highways of this state except on the National System of Interstate and Defense Highways.

G.  Farm equipment including, but not limited to, implements of husbandry as defined in Section 1-125 of this title shall be exempted from the requirement for special permits due to size.  Such equipment may move on any highway, except those highways which are part of the National System of Interstate and Defense Highways, during the hours of darkness and shall be subject to the requirements as provided in Section 12-215 of this title.  In addition to those requirements, tractors pulling machinery over thirteen (13) feet wide must have two amber flashing warning lamps symmetrically mounted, laterally and widely spaced as practicable, visible from both front and rear, mounted at least thirty-nine (39) inches high.

H.  Any rubber-tired road construction vehicle including rubber-tired truck cranes and special mobilized machinery either self-propelled or drawn carrying no load other than component parts safely secured to the machinery and its own weight, but which is overweight by any provisions of this chapter, shall be authorized to move on the highways of the State of Oklahoma.  Movement of such vehicles shall be authorized on the Federal Interstate System of Highways only by special permit secured from the Commissioner of Public Safety or an authorized representative upon determination that the objectives of this section will be served by such a permit and that federal weight restrictions will not be violated.  The special permit shall be:

1.  A single-trip permit issued under the provisions of this section and Section 14-116 of this title; or

2.  A special annual overweight permit which shall be issued for one calendar year period upon payment of a fee of Sixty Dollars ($60.00).

The weight of any such vehicle shall not exceed six hundred fifty (650) pounds multiplied by the nominal width of the tire.  The vehicle shall be required to carry the safety equipment adjudged necessary for the health and welfare of the driving public.  If any oversized vehicle does not come under the other limitations of the present laws, it shall be deemed that the same shall travel only between the hours of sunrise and sunset.  The vehicle, being overweight but of legal dimension, shall be allowed continuous travel.  The vehicles, except special mobilized machinery, shall be exempt from the laws of this state relating to motor vehicle registration, licensing or other fees or taxes in lieu of ad valorem taxes.

I.  1.  When such machinery has a width greater than eight and one-half (8 1/2) feet, or a length, exclusive of load, of forty-five (45) feet, or a height in excess of thirteen and one-half (13 1/2) feet, then the permit may restrict movement to a fifty-mile radius from an established operating base, and may designate highways to be traveled, hours of travel and when flagmen may be required to precede or follow the equipment.

2.  Possession of a permit shall in no way be construed as exempting such equipment from the authority of the Director of the Department of Transportation to restrict use of particular highways, nor shall it exempt owners or operators of such equipment from the responsibility for damage to highways caused by movement of the equipment.  Nothing in this subsection shall apply to machinery used in highway construction or road material production.

3.  Upon the issuance of a special mobilized machinery driveaway permit as provided in this subsection, special mobilized machinery manufactured in Oklahoma shall be permitted to move upon the highways of this state from the place of manufacture to the state line for delivery and exclusive use outside the state, and may be temporarily returned to Oklahoma for modification and repair, with subsequent movement back out of the state.  Special driveaway permits for such movements shall be issued by the Commissioner of Public Safety, who may act through designated agents, upon the payment of a fee in the amount of Fifteen Dollars ($15.00) for each movement.

4.  The size of the special mobilized machinery shall not be such as to create a safety hazard in the judgment of the Commissioner of Public Safety.  Permits for such special mobilized machinery shall specify a maximum permissible road speed of sixty (60) miles per hour, designate safety equipment to be carried and may exclude use of highways of the interstate system.

5.  When such equipment has a width greater than eight and one-half (8 1/2) feet, or a length exclusive of load of forty-five (45) feet, or a height in excess of thirteen and one-half (13 1/2) feet, the permit may designate highways to be traveled, hours of travel and when flagmen may be required to precede or follow the equipment.

6.  Possession of a special driveaway permit shall in no way be construed as exempting such equipment from the authority of the Director of the Department of Transportation to restrict use of particular highways, nor shall it exempt the owners or operators of such equipment from the responsibility for damage to highways caused by the movement of such equipment.

SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

Passed the House of Representatives the 30th day of April, 2014.

	
	Presiding Officer of the House
	of Representatives

Passed the Senate the 16th day of April, 2014.

	
	Presiding Officer of the Senate

OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.

	_________________________________
	Governor of the State of Oklahoma

OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of __________________, 20 _______, at _______ o'clock _______ M.
By: _________________________________