Title 47. Motor Vehicles
§471101. Definition of words and phrases.
The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this chapter, except when the context otherwise requires or other definitions are provided. Section captions are a part of this chapter.
§471101.1. Ancient vehicle.
Ancient vehicle.
A motor vehicle owned by a resident of this state, which is thirty (30) years of age or older, based upon the date of manufacture thereof, and which travels on highways of this state primarily incidental to historical or exhibition purposes only.
Added by Laws 1985, c. 305, § 12, emerg. eff. July 24, 1985.
§471102. Arterial street.
Any U.S. or statenumbered route, controlledaccess highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.
Laws 1961, p. 315, § 1102.
§47-1-103. Authorized emergency vehicles - Equipment.
A. When equipped as prescribed in subsection B of this section:
1. Vehicles of fire departments;
2. Ambulances or vehicles specified pursuant to subsection B of Section 1-2512 of Title 63 of the Oklahoma Statutes of licensed ambulance service providers;
3. State vehicles of law enforcement agencies;
4. County vehicles of sheriffs and full-time commissioned deputies and vehicles designated by the sheriff for support of the sheriff’s office including privately owned vehicles driven by the sheriff and full-time, part-time and reserve commissioned deputies; provided the audible sirens and flashing red lights equipped on such privately owned vehicles are used only in a law enforcement capacity and in the course of duty;
5. Municipal vehicles of police departments;
6. Vehicles owned and operated by the United States Marshals Service or the Federal Bureau of Investigation;
7. Vehicles of Oklahoma National Guard units designated by the Adjutant General for support to civil authorities; or
8. Vehicles owned and operated by any local organization for emergency management as defined by Section 683.3 of Title 63 of the Oklahoma Statutes,
are authorized emergency vehicles.
B. All vehicles prescribed in subsection A of this section shall be equipped with sirens capable of giving audible signals as required by the provisions of Section 12-218 of this title and flashing red lights as authorized by the provisions of Section 12-218 of this title.
Added by Laws 1961, p. 315, § 1-103, eff. Sept. 1, 1961. Amended by Laws 1976, c. 284, § 1, emerg. eff. June 17, 1976; Laws 1983, c. 220, § 1, eff. Nov. 1, 1983; Laws 1984, c. 29, § 1, eff. Nov. 1, 1984; Laws 1987, c. 74, § 1, eff. Nov. 1, 1987; Laws 1991, c. 167, § 1, eff. July 1, 1991; Laws 2003, c. 329, § 58, emerg. eff. May 29, 2003; Laws 2005, c. 190, § 6, eff. Sept. 1, 2005; Laws 2007, c. 120, § 2, eff. Nov. 1, 2007.
§471103.1. Automobile.
Automobile.
Every motor vehicle of the type constructed and used for the transportation of persons for purposes other than for hire or compensation. This shall include all vehicles of the station wagon type whether the same are called station wagons, or ranch wagons, van wagons, except those used for commercial purposes, suburbans, town and country, or by any other name, except when owned and used as a school bus or motor bus by a school district or a religious corporation or society as elsewhere provided by law.
Added by Laws 1985, c. 305, § 13, emerg. eff. July 24, 1985.
§47-1-104. Bicycle, electric-assisted bicycle, and motorized bicycle.
A. A bicycle is a device upon which any person or persons may ride, propelled solely by human power through a belt, chain, or gears, and having two or more wheels, excluding mopeds.
B. An electric-assisted bicycle is any bicycle with:
1. Two or three wheels; and
2. Fully operative pedals for human propulsion and equipped with an electric motor:
a. with a power output not to exceed one thousand (1,000) watts,
b. incapable of propelling the device at a speed of more than thirty (30) miles per hour on level ground, and
c. incapable of further increasing the speed of the device when human power alone is used to propel the device at a speed of thirty (30) miles per hour or more.
An electric-assisted bicycle shall meet the requirements of the Federal Motor Vehicle Safety Standards as set forth in federal regulations and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied.
C. A motorized bicycle is any bicycle having:
1. Fully operative pedals for propulsion by human power;
2. An automatic transmission; and
3. A combustion engine with a piston or rotor displacement of one hundred fifty cubic centimeters (150 cu cm) or less, regardless of the number of chambers in the engine, which is capable of propelling the bicycle at a maximum design speed of not more than thirty (30) miles per hour on level ground.
D. As used in this title, the term "bicycle" shall include tricycles, quadcycles, or similar human-powered devices, electric-assisted bicycles, and motorized bicycles unless otherwise specifically indicated.
Added by Laws 1961, p. 315, § 1-104, eff. Sept. 1, 1961. Amended by Laws 2003, c. 411, § 1, eff. Nov. 1, 2003; Laws 2004, c. 521, § 1, eff. Nov. 1, 2004; Laws 2006, c. 173, § 1, eff. July 1, 2006; Laws 2007, c. 330, § 1.
§471105. Bus.
Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
Laws 1961, p. 316, § 1105.
§47-1-105.1. Church bus.
Church bus.
A “church bus” is any bus operated by a nonprofit religious organization which transports persons including school-age children to and from religious activities.
Added by Laws 2003, c. 411, § 2, eff. Nov. 1, 2003.
§471106. Business district.
The territory contiguous to and including a highway when within any six hundred (600) feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the highway.
Laws 1961, p. 316, § 1106.
§471107. Cancellation of driver's license.
The annulment or termination by formal action of the Department of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to such license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after such cancellation.
Laws 1961, p. 316, § 1107.
§47-1-107.1. Class A commercial motor vehicle.
Class A Commercial Motor Vehicle.
Any combination of vehicles, except a Class D motor vehicle, with a gross combined weight rating of twentysix thousand one (26,001) or more pounds provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand (10,000) pounds.
Added by laws 1990, c. 219, § 1, eff. Jan 1, 1991.
§47-1-107.2. Class B commercial motor vehicle.
Class B Commercial Motor Vehicle.
Any single vehicle, except a Class D motor vehicle, with a gross vehicle weight rating of twentysix thousand one (26,001) or more pounds, or any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds gross vehicle weight rating. This class shall apply to a bus with a gross vehicle weight rating of twentysix thousand one (26,001) or more pounds and designed to transport sixteen or more persons, including the driver.
Added by Laws 1990, c. 219, § 2, eff. Jan. 1, 1991.
§47-1-107.3. Class C commercial motor vehicle.
Class C Commercial Motor Vehicle.
Any single vehicle or combination of vehicles, other than a Class A or Class B vehicle as defined in this title, which is:
1. Required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F; or
2. Designed by the manufacturer to transport sixteen or more persons, including the driver.
Added by Laws 1990, c. 219, § 3, eff. Jan. 1, 1991. Amended by Laws 1992, c. 217, § 1, eff. July 1, 1992.
§47-1-107.4. Class D motor vehicle.
CLASS D MOTOR VEHICLE
A. A Class D motor vehicle is any motor vehicle or combination of vehicles which:
1. Regardless of weight:
a. is marked and used as an authorized emergency vehicle, as defined in Section 1-103 of this title, or
b. is designed and used solely as a recreational vehicle;
2. Is a single or combination vehicle with a gross combined weight rating of less than twenty-six thousand one (26,001) pounds;
3. Is a single or combination farm vehicle with a gross combined weight rating of more than twenty-six thousand one (26,001) pounds if:
a. it is entitled to be registered with a farm tag and has a farm tag attached thereto,
b. it is controlled and operated by a farmer, his or her family or employees,
c. it is used to transport either agricultural products, farm machinery, farm supplies or any combination of those materials to or from a farm,
d. it is not used in the operations of a common or contract motor carrier, and
e. it is used within one hundred fifty (150) air miles of the person's farm or as otherwise provided by federal law; or
4. Is operated by a driver employed by a unit of local government that operates a commercial motor vehicle within the boundaries of that unit of local government for the purpose of removing snow or ice from a roadway by plowing, sanding or salting, if:
a. the properly licensed employee who ordinarily operates a commercial vehicle for these purposes is unable to operate the vehicle, or
b. the employing governmental entity determines that a snow or ice emergency requires additional assistance.
B. A Class D Motor Vehicle shall not include any vehicle which is:
1. Designed to carry sixteen or more passengers, including the driver; or
2. Required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F; provided, a farm vehicle, as defined in paragraph 3 of subsection A of this section, which is required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F, shall be considered to be a Class D motor vehicle.
Added by Laws 1990, c. 219, § 4, eff. Jan. 1, 1991. Amended by Laws 1991, c. 162, § 1, emerg. eff. May 7, 1991; Laws 1991, c. 335, § 12, emerg. eff. June 15, 1991; Laws 1997, c. 193, § 5, eff. Nov. 1, 1997; Laws 2002, c. 397, § 3, eff. Nov. 1, 2002; Laws 2009, c. 388, § 1, eff. Nov. 1, 2009.
NOTE: Laws 1991, c. 63, § 1 repealed by Laws 1991, c. 335, § 37, emerg. eff. June 15, 1991.
§47-1-108. Commercial operator or driver.
Commercial Operator or Driver.
Every person who operates, drives or is in actual physical control of a Class A, B or C commercial motor vehicle, as defined in Sections 1-107.1, 1-107.2 and 1-107.3 of this title.
Added by Laws 1961, p. 316, § 1-108, eff. Sept. 1, 1961. Amended by Laws 1969, c. 123, § 1, emerg. eff. April 3, 1969; Laws 1995, c. 23, § 1, eff. Nov. 1, 1995.
§471109. Commissioner.
The Commissioner of the Department of Public Safety of the State of Oklahoma.
Laws 1961, p. 316, § 1109.
§471110. Controlled Access highway.
Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.
Laws 1961, p. 316, § 1110.
§471111. Cross walk.
(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway;
(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
Laws 1961, p. 316, § 1111.
§471112. Dealer.
Every person engaged in the business of buying, selling or exchanging vehicles of a type to be registered hereunder and who has an established place of business for such purpose in this state.
Laws 1961, p. 316, § 1112.
§471113. Department.
The Department of Public Safety of this state, acting directly or through its duly authorized officers and agents.
Laws 1961, p. 316, § 1113.
§471114. Driver.
Every person who drives or is in actual physical control of a vehicle.
Laws 1961, p. 316, § 1114.
§47-1-114A. Electric personal assistive mobility device.
Electric Personal Assistive Mobility Device.
“Electric personal assistive mobility device” means a self-balancing, two nontandem-wheeled device, designed to transport only one person, having an electric propulsion system with an average of seven hundred fifty (750) watts (1 h.p.), and a maximum speed of less than twenty (20) miles per hour on a paved level surface when powered solely by such a propulsion system while ridden by an operator who weighs one hundred seventy (170) pounds.
Added by Laws 2002, c. 58, § 1, emerg. eff. April 11, 2002.
§47-1-115. Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§471116. Established place of business.
The place actually occupied either continuously or at regular periods by a dealer or manufacturer where his books and records are kept and a large share of his business is transacted.
Laws 1961, p. 316, § 1116.
§471117. Explosives.
Explosives shall have the same meaning as defined in 49 C.F.R., Part 173.
Added by Laws 1961, p. 316, § 1117, eff. Sept. 1, 1961. Amended by Laws 1992, c. 192, § 5, emerg. eff. May 11, 1992; Laws 2004, c. 390, § 2, eff. July 1, 2004.
§471118. Farm tractor.
Every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines and other implements of husbandry.
Laws 1961, p. 317, § 1118. d
§471119. Flammable substance.
Flammable substance shall include any liquid, gas, or other material as defined in 49 C.F.R., Part 173.
Added by Laws 1961, p. 317, § 1119, eff. Sept. 1, 1961. Amended by Laws 2004, c. 390, § 3, eff. July 1, 2004.
§47-1-120. Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-120.1. Gross combination weight rating (GCWR).
Gross Combination Weight Rating (GCWR).
The value specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a value specified by the manufacturer, the gross combination weight rating shall be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and any load thereon.
Added by Laws 1990, c. 219, § 5, eff. Jan. 1, 1991.
§47-1-121. Gross vehicle weight rating (GVWR).
Gross Vehicle Weight Rating (GVWR).
The gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle.
Amended by Laws 1990, c. 219, § 6, eff. Jan. 1, 1991.
§471122. Highway.
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Laws 1961, p. 317, § 1122.
§471123. Manufactured home.
"Manufactured home" means and includes every vehicle defined as a manufactured home in paragraph 14 of Section 1102 of this title.
Added by Laws 1961, p. 317, § 1123, eff. Sept. 1, 1961. Amended by Laws 1981, c. 118, § 4; Laws 2005, c. 50, § 1, eff. Nov. 1, 2005.
§471124. Identifying number.
The numbers, and letters if any, on a vehicle designated by the Oklahoma Tax Commission for the purpose of identifying the vehicle.
Laws 1961, p. 317, § 1124.
§47-1-125. Implement of husbandry.
Implement of Husbandry. Every device, whether it is self-propelled, designed and adapted so as to be used exclusively for agricultural, horticultural or livestock-raising operations or for lifting or carrying an implement of husbandry and, in either case, not subject to registration if operated upon the highways.
1. Farm wagon type tank trailers of not over one thousand two hundred (1,200) gallons capacity, used during the liquid fertilizer season as field storage "nurse tanks" supplying the fertilizer to a field applicator and moved on highways only for bringing the fertilizer from a local source of supply to farms or field or from one farm or field to another, shall be considered implements of husbandry for purposes of this title.
2. Trailers or semitrailers owned by a person engaged in the business of farming and used exclusively for the purpose of transporting farm products to market or for the purpose of transporting to the farm material or things to be used thereon shall also be considered implements of husbandry for purposes of this title. Provided, no truck or semitrailer with an axle weight of twenty thousand (20,000) pounds or more, which is used to haul manure and operated on the public roads or highways of this state shall be considered an implement of husbandry for the purposes of this title.
3. Utility-type, all-terrain vehicles with a maximum curb weight of one thousand five hundred (1,500) pounds which are equipped with metal front or rear carrying racks when used for agricultural, horticultural or livestock-raising operations shall be considered implements of husbandry for purposes of this title.
Added by Laws 1961, p. 317, § 1-125, eff. Sept. 1, 1961. Amended by Laws 1970, c. 163, § 1, emerg. eff. April 9, 1970; Laws 1993, c. 211, § 1, eff. Sept. 1, 1993; Laws 1995, c. 27, § 1, eff. July 1, 1995; Laws 2001, c. 112, § 1, emerg. eff. April 18, 2001.
§471126. Intersection.
(a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
(b) Where a highway includes two roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.
Laws 1961, p. 317, § 1126.
§47-1-127. Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-128. License to operate a motor vehicle.
License to operate a motor vehicle.
A. Any valid driver license or permit to operate a motor vehicle issued under the laws of this state including any temporary license or instruction permit, the lawful possession of which by a resident of this state shall be evidence that the resident has been granted the privilege to operate a motor vehicle.
B. Any nonresident's operating privilege as defined in Section 1-138 of this title, which is evidenced by the lawful possession of a valid driver license or permit to operate a motor vehicle issued under the laws of another state.
Added by Laws 1961, p. 317, § 1-128, eff. Sept. 1, 1961. Amended by Laws 1995, c. 23, § 2, eff. Nov. 1, 1995.
§471129. Lienholder.
A person holding a security interest in a vehicle.
Laws 1961, p. 318, § 1129.
§471130. Local authorities.
Every county, municipal and other local board or body having authority to enact laws relating to traffic under the Constitution and laws of this state.
Laws 1961, p. 318, § 1130.
§471131. Mail.
To deposit in the United States mails properly addressed and with postage prepaid.
Laws 1961, p. 318, § 1131.
§471132. Manufacturer.
Every person engaged in the business of constructing or assembling vehicles of a type required to be registered hereunder at an established place of business in this state.
Laws 1961, p. 318, § 1132.
§471133. Metal tire.
Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.
Laws 1961, p. 318, § 1133.
§47-1-133.1. Repealed by Laws 2004, c. 521, § 20, eff. Nov. 1, 2004.
§47-1-133.2. Moped.
Moped.
A “moped” is any motor-driven cycle with a motor which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of thirty (30) miles per hour on level ground. If an internal combustion engine is used, the displacement shall not exceed fifty (50) cubic centimeters, and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.
Added by Laws 2003, c. 411, § 4, eff. Nov. 1, 2003.
§47-1-133.3. Motorized scooter.
Motorized scooter.
A. A “motorized scooter” is any vehicle having:
1. Not more than three wheels in contact with the ground;
2. Handlebars and a foot support or seat for the use of the operator;
3. A power source that is capable of propelling the vehicle at a maximum design speed of not more than twenty-five (25) miles per hour on level ground, and:
a. if the power source is a combustion engine, has a piston or rotor displacement of thirty-five cubic centimeters (35 cu cm) or less regardless of the number of chambers in the power source,
b. if the power source is electric, has a power output of not more than one thousand (1,000) watts.
B. For purposes of this section, an electric personal assistive mobility device, as defined in Section 1-114A of this title, bicycle, electric-assisted bicycle, or motorized bicycle, as defined in Section 1-104 of this title, shall not be considered a motorized scooter.
C. A motorized scooter shall not be required to be registered under the laws of this state. The operator of a motorized scooter shall not be required to possess a driver license or to comply with the vehicle insurance or financial responsibility laws of this state.
Added by Laws 2003, c. 411, § 5, eff. Nov. 1, 2003. Amended by Laws 2004, c. 521, § 2, eff. Nov. 1, 2004.
§47-1-134. Motor vehicle.
Motor vehicle.
A. A motor vehicle is:
1. Any vehicle which is self-propelled; or
2. Any vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
B. As used in this title, the term "motor vehicle" shall not include:
1. Implements of husbandry, as defined in Section 1-125 of this title;
2. Electric personal assistive mobility devices as defined in Section 1-114A of this title;
3. Motorized wheelchairs, as defined in Section 1-136.3 of this title; or
4. Vehicles moved solely by human or animal power.
Added by Laws 1961, p. 318, § 1-134, eff. Sept. 1, 1961. Amended by Laws 1978, c. 304, § 1; Laws 1981, c. 103, § 1; Laws 2002, c. 58, § 2, emerg. eff. April 11, 2002; Laws 2003, c. 411, § 6, eff. Nov. 1, 2003; Laws 2005, c. 50, § 2, eff. Nov. 1, 2005.
§47-1-134.1. Low-speed electrical vehicle.
"Low-speed electrical vehicle" means any four-wheeled electrical vehicle that is powered by an electric motor that draws current from rechargeable storage batteries or other sources of electrical current and whose top speed is greater than twenty (20) miles per hour but not greater than twenty-five (25) miles per hour and is manufactured in compliance with the National Highway Traffic Safety Administration standards for low-speed vehicles in 49 C.F.R. 571.500.
Added by Laws 2001, c. 243, § 1, eff. Nov. 1, 2001.
§471135. Motorcycle.
Motorcycle.
A motorcycle is any motor vehicle having:
1. A seat or saddle for the use of each rider;
2. Not more than three wheels in contact with the ground, but excluding a tractor; and
3. A combustion engine with a piston or rotor displacement of greater than one hundred fifty cubic centimeters (150 cu cm).
Added by Laws 1961, p. 318, § 1135. Amended by Laws 1978, c. 304, § 2; Laws 2004, c. 521, § 3, eff. Nov. 1, 2004.
§47-1-136. Motor-driven cycle.
Motor-driven cycle.
A motor-driven cycle is any motor vehicle having:
1. A power source that:
a. if the power source is a combustion engine, has a piston or rotor displacement of greater than thirty-five cubic centimeters (35 cu cm) but less than one hundred fifty cubic centimeters (150 cu cm) regardless of the number of chambers in the power source,
b. if the power source is electric, has a power output of greater than one thousand (1,000) watts; and
2. A seat or saddle for the use of each rider; and
3. Not more than three wheels in contact with the ground.
Added by Laws 1961, p. 318, § 1-136, eff. Sept. 1, 1961. Amended by Laws 1978, c. 304, § 3; Laws 1981, c. 103, § 2; Laws 1985, c. 305, § 10, emerg. eff. July 24, 1985; Laws 2003, c. 411, § 7, eff. Nov. 1, 2003; Laws 2004, c. 521, § 4, eff. Nov. 1, 2004.
§47-1-136.1. Repealed by Laws 2005, c. 394, § 19, emerg. eff. June 6, 2005.
§47-1-136.2. Repealed by Laws 2004, c. 521, § 21, eff. Nov. 1, 2004.
§47-1-136.3. Motorized wheelchair.
Motorized wheelchair.
A motorized wheelchair is any selfpropelled vehicle, designed for and used by a person with a disability, that is incapable of a speed in excess of eight (8) miles per hour.
Added by Laws 2003, c. 411, § 8, eff. Nov. 1, 2003.
§471137. Nonresident.
Every person who is not a resident of this state.
Laws 1961, p. 318, § 1137.
§471138. Nonresident's operating privilege.
The privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person, in this state.
Laws 1961, p. 318, § 1138.
§471139. Official traffic Control devices.
All signs, barricades, signals, markings and devices not inconsistent with this act placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
Laws 1961, p. 318, § 1139.
§47-1-140. Operator or driver.
Operator or Driver.
Every person, including a commercial operator or driver, as defined in Section 1-108 of this title, who operates, drives or is in actual physical control of a motor vehicle or who is exercising control over or steering a vehicle being towed by a motor vehicle.
Added by Laws 1961, p. 318, § 1-140, eff. Sept. 1, 1961. Amended by Laws 1995, c. 23, § 3, eff. Nov. 1, 1995.
§47-1-140.1. “Other intoxicating substance” defined.
For purposes of this title, “other intoxicating substance” means any controlled dangerous substance, as defined in the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of Title 63 of the Oklahoma Statutes, or any other substance, other than alcohol, which is capable of being ingested, inhaled, injected, or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing, or other sensory or motor function.
Added by Laws 1999, c. 106, § 1 emerg. eff. April 19, 1999.
§471141. Owner.
A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with a right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Code.
Laws 1961, p. 318, § 1141.
§471142. Park, parking, and public parking lot.
(a) Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
(b) A public parking lot is any parking lot on rightofway dedicated to public use or owned by the state or a political subdivision thereof.
Laws 1961, p. 318, § 1142; Laws 1968, c. 148, § 1, emerg. eff. April 9, 1968.
§471143. Pedestrian.
Any person afoot.
Laws 1961, p. 318, § 1143.
§471144. Person.
Every natural person, firm, copartnership, association or corporation.
Laws 1961, p. 318, § 1144.
§471145. Pneumatic tire.
Every tire in which compressed air is designed to support the load.
Laws 1961, p. 319, § 1145.
§471146. Pole trailer.
Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
Laws 1961, p. 319, § 1146.
§471147. Police officer.
Every sheriff, constable, policeman, highway patrolman, and any other officer who is authorized to direct or regulate traffic or make arrests for violations of state traffic laws and municipal ordinances.
Laws 1961, p. 319, § 1147.
§471148. Private road or driveway.
Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
Laws 1961, p. 319, § 1148.
§47-1-149. Railroad.
Railroad.
A carrier of persons or property upon cars operated upon stationary rails.
Added by Laws 1961, p. 319, § 1-149. Amended by Laws 2001, c. 131, § 1, eff. July 1, 2001.
§471150. Railroad sign or signal.
Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
Laws 1961, p. 319, § 1150.
§47-1-151. Railroad train.
Railroad train.
A steam engine, diesel, electric or other motor, with or without cars coupled thereto, operated upon rails.
Added by Laws 1961, p. 319, § 1-151. Amended by Laws 2001, c. 131, § 2, eff. July 1, 2001.
§47-1-152. Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-152.1. Recreational vehicle.
Recreational Vehicle.
For the sole purpose of the classification of vehicles as provided in Sections 1-107.1 through 1-107.4 of this title, a recreational vehicle shall be deemed to be a Class D motor vehicle, provided such vehicle is a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping or travel purposes and is used solely as a family or personal conveyance.
Added by Laws 1990, c. 219, § 7, eff. June 1, 1990. Amended by Laws 1995, c. 23, § 4, eff. Nov. 1, 1995.
§471153. Registration.
The registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles.
Laws 1961, p. 319, § 1153.
§471154. Residence district.
The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in use for business.
Laws 1961, p. 319, § 1154.
§47-1-155. Revocation of driving privilege.
The termination by formal action of the Department of a person's privilege to operate a motor vehicle on the public highways. Such action shall include the requirement of the surrender to the Department of said person's driver license.
Laws 1961, p. 319, § 1155, eff. Sept. 1, 1961; Laws 1994, c. 218, § 1, eff. April 1, 1995.
§471156. Rightofway.
The privilege of the immediate use of the roadway.
Laws 1961, p. 319, § 1156.
§47-1-157. Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§471158. Roadway and shoulder.
(a) Roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
(b) Shoulder. The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.
Laws 1961, p. 319, § 1158.
§471159. Safety zone.
The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
Laws 1961, p. 319, § 1159. Laws 1961, p. 319, § 1159.
§471160. School bus.
Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school, provided, however, that this definition of school bus shall not be extended to include buses normally used in city transit which may be used part time for transportation of school children within such cities during some portion of the day.
Laws 1961, p. 319, § 1160. Laws 1961, p. 319, § 1160.
§47-1-161. Security.
Cash, certificates of deposit issued by financial institutions located within the state, or corporate security bond deposited with the Commissioner of Public Safety to secure payment of a judgment or judgments arising out of a motor vehicle accident which occurred prior to the demand for posting of security.
Added by Laws 1961, p. 320, § 1-161, eff. Sept. 1, 1961. Amended by Laws 1998, c. 85, § 1, eff. July 1, 1998.
§471162. Semitrailer.
Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
Laws 1961, p. 320, § 1162.
§471163. Sidewalk.
That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.
Laws 1961, p. 320, § 1163.
§471164. Solid tire.
Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.
Laws 1961, p. 320, § 1164.
§471165. Special mobilized machinery.
Special purpose machines, either selfpropelled or drawn as trailers or semitrailers, which derive no revenue from the transportation of persons or property, whose use of the highways is only incidental, and whose useful revenue producing service is performed at destinations in an area away from the traveled surface of an established open highway, and which carry no load other than their own weight, which cannot be divided for all practical purposes. This definition shall include a truck or truck tractor when used while drawing special mobilized machinery but this shall not be construed as exempting from license and registration the pulling unit truck or truck tractor as required by the motor vehicle license and registration.
Laws 1961, p. 320, § 1165; Laws 1970, c. 61, § 1, emerg. eff. March 16, 1970.
§47-1-166. Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§471167. Stand or standing.
Means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
Laws 1961, p. 320, § 1167.
§471168. State.
A state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada.
Laws 1961, p. 320, § 1168.
§471169. Stop.
When required means complete cessation from movement.
Laws 1961, p. 320, § 1169.
§471170. Stop or stopping.
When prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a trafficcontrol sign or signal.
Laws 1961, p. 320, § 1170.
§471171. Street.
The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
Laws 1961, p. 320, § 1171.
§47-1-172. Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-173. Suspension of driving privilege.
The temporary withdrawal by formal action of the Department of a person's privilege to operate a motor vehicle on the public highways. Such action shall include the requirement of the surrender to the Department of said person's driver license.
Laws 1961, p. 320, § 1173, eff. Sept. 1, 1961; Laws 1994, c. 218, § 2, eff. April 1, 1995.
§47-1-173.1. Tank vehicle.
Tank Vehicle.
Any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank that is either permanently or temporarily attached to the vehicle or the chassis. Such vehicles include but are not limited to cargo tanks and portable tanks as defined by 49 C.F.R., Part 171. Provided however, the term "tank vehicle" shall not include a portable tank having a rated capacity of under one thousand (1,000) gallons.
Added by Laws 1990, c. 219, § 8, eff. Jan. 1, 1991. Amended by Laws 1992, c. 217, § 2, eff. July 1, 1992.
§471174. Taxicab.
Taxicab shall mean and include any motor vehicle for hire, designed to carry ten persons or less, operated upon any street or highway, or on call or demand, accepting or soliciting passengers indiscriminately for transportation for hire between such points along streets or highways as may be directed by the passenger or passengers so being transported. This classification shall not include:
1. Motor vehicles of ten-passenger capacity or less operated by the owner where the cost of operation is shared by fellow workmen between their homes and the place of regular daily employment, when not operated for more than two trips per day;
2. Motor vehicles operated by the owner where the cost of operation is shared by the passengers on a "share the expense plan"; or
3. Motor vehicles transporting students from the public school system when said motor vehicle is so transporting under contract with public, private, or parochial school board or governing body.
Added by Laws 1961, p. 320, § 1174, eff. Sept. 1, 1961. Amended by Laws 1993, c. 11, § 1, eff. Sept. 1, 1993.
§471175. Through highway.
Every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right of way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this act.
Laws 1961, p. 321, § 1175.
§47-1-176. Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-177. Traffic.
Traffic.
Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together, while using any highway for purposes of travel.
Added by Laws 1961, p. 321, § 1-177. Amended by Laws 2001, c. 131, § 3, eff. July 1, 2001.
§471178. Traffic control signal.
Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
Laws 1961, p. 321, § 1178.
§471179. Traffic lane.
The portion of the traveled way for the movement of a single line of vehicles.
Laws 1961, p. 321, § 1179.
§471180. Trailer.
Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle, provided however, the definition of trailer herein shall not include implements of husbandry as defined in Section 1125 of this chapter.
Laws 1961, p. 321, § 1180.
§47-1-181. Transporter.
Transporter.
Every person engaged in the business of delivering vehicles of a type required to be registered hereunder from a manufacturing, assembling or distributing plant to dealers or sales agents of a manufacturer or from the place of business of a dealer, sales agent or auto auction to a place of business of the same or another dealer, sales agent or auto auction.
Added by Laws 1961, p. 321, § 1-181. Amended by Laws 1999, c. 125, § 1, emerg. eff. April 26, 1999.
§47-1-181.1. Travel trailer.
Travel Trailer.
Any vehicular portable structure built on a chassis which is not propelled by its own power but is towed by another vehicle and is used as a temporary dwelling for travel, recreational or vacational use. A travel trailer shall have a body width not exceeding eight (8) feet in travel mode and an overall length not exceeding forty (40) feet, including the hitch or coupling.
Added by Laws 1990, c. 219, § 9, eff. June 1, 1990.
§471182. Truck.
Every motor vehicle designed, used or maintained primarily for the transportation of property.
Laws 1961, p. 321, § 1182.
§471183. Truck tractor.
(a) Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn; and
(b) For the purposes of paragraph 3 of subsection (c) of Section 14103 of this title, the term trucktractor shall also include oil field rigup trucks when towing a trailer or semitrailer.
Amended by Laws 1985, c. 290, § 1, operative July 1, 1985.
§47-1-184. Turnpike and turnpike a