STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE BILL 68	By:	Stanislawski

AS INTRODUCED

An Act relating to overweight permits; amending 47 O.S. 2011, Section 14-101, as amended by Section 2, Chapter 227, O.S.L. 2012 (47 O.S. Supp. 2012, Section 14-101), which relates to movement of certain vehicles at nighttime; modifying procedure for issuance of a permit; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2011, Section 14-101, as amended by Section 2, Chapter 227, O.S.L. 2012 (47 O.S. Supp. 2012, Section 14-101), is amended to read as follows:
Section 14-101.  A.  It is a misdemeanor for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or vehicles of a size or weight exceeding the limitations stated in this chapter or otherwise in violation of this chapter, and the maximum size and weight of vehicles herein specified shall be lawful throughout this state and local authorities shall have no power or authority to alter the limitations except as express authority may be granted in this chapter.
B.  The Commissioner of Public Safety is directed to issue annual overweight permits to:
1.  Municipalities and rural fire districts for the transportation of firefighting apparatus at no cost to the municipalities or rural fire districts;
2.  Owners of implements of husbandry, which includes tractors that are temporarily moved upon a highway at no cost to the owner;
3.  Retail implement dealers while hauling implements of husbandry at no cost to the dealer; and
4.  Owners of certain vehicles as provided for in Section 14-103G of this title.
C.  If a vehicle is issued a license pursuant to Section 1 1134.4 of this act title, the license shall also serve as the overweight permit required by this section.
D.  All size, weight and load provisions covered by this chapter shall be subject to the limitations imposed by Title 23, United States Code, Section 127, and such other rules and regulations developed herein.  Provided further that any size and weight provision authorized by the United States Congress for use on the National System of Interstate and Defense Highways, including but not limited to height, axle weight, gross weight, combinations of vehicles or load thereon shall be authorized for immediate use on such segments of the National System of Interstate and Defense Highways and any other highways or portions thereof as designated by the Transportation Commission or their duly authorized representative.
E.  Any vehicle permitted for movement on the highways of this state as provided in Section 14-101 et seq. of this title, other than a vehicle permitted solely for overweight movement, shall be moved only during daylight hours.  As used in Section 14-101 et seq. of this title, "daylight hours" shall mean one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset.  The Commissioner, for good cause and consistent with the safe movement of the vehicle, may endorse a permit for the movement of an oversize vehicle to authorize night time travel under such terms and restrictions as the Transportation Commission may require.
F.  1.  Any vehicle permitted for movement on the highways of this state as provided in Section 14-101 et seq. of this title shall not be moved at any time on the following holidays:
a.	New Year's Day (January 1),
b.	Memorial Day (the last Monday in May),
c.	The Fourth of July (Independence Day),
d.	Labor Day (the first Monday in September),
e.	Thanksgiving Day (the fourth Thursday in November), and
f.	Christmas Day (December 25).
2.  Any vehicle permitted for movement on the highways of this state as provided in Section 14-101 et seq. of this title shall be allowed to move on the following holidays:
a.	Martin Luther King, Jr.'s Birthday (the third Monday in January),
b.	President's Day, also known as Washington's Birthday (the third Monday in February), and
c.	Veteran's Day (November 11).
SECTION 2.  This act shall become effective July 1, 2013.
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.

54-1-588	 JD	1/3/2013 1:12:19 PM