Title 83. Weights and Measures
§83-1. Renumbered as § 14-1 of Title 2 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001.
§83-2. Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.
§83-3. Renumbered as § 14-2 of Title 2 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001.
§83-3.1. Renumbered as § 14-3 of Title 2 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001.
§83-4. Renumbered as § 14-4 of Title 2 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001.
§83-5. Renumbered as § 14-5 of Title 2 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001.
§83-6. Renumbered as § 14-6 of Title 2 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001.
§83-7. Repealed by Laws 2000, c. 243, § 125, emerg. eff. May 24, 2000.
§83-8. Renumbered as § 14-7 of Title 2 by Laws 2001, c. 146, § 249, emerg. eff. April 30, 2001.
§83-9. Repealed by Laws 1996, c. 138, § 9, emerg. eff. May 1, 1996.
§83-10. Repealed by Laws 1998, c. 4, §1, emerg. eff. Feb. 26, 1998.
§83-11. Repealed by Laws 1998, c. 4, §1, emerg. eff. Feb. 26, 1998.
§83-12. Repealed by Laws 1998, c. 4, §1, emerg. eff. Feb. 26, 1998.
§83-21. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-22. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-23. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-24. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-25. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-26. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-27. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-28. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-29. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-30. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-31. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-32. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-41. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-42. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-61. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-81. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-82. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-83. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-84. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-85. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-86. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-87. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-88. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-89. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-90. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-91. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-92. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-93. Repealed by Laws 1976, c. 108, § 15, emerg. eff. May 12, 1976.
§83-111. Definitions.
As used in this act, the following words shall have the meanings indicated:
"Commission" shall mean the Oklahoma Corporation Commission.
"Measuring device" shall mean any and all measuring devices through or by the use of which gasoline, kerosene, naptha, motor fuel, or petroleum products are sold, dispensed, or delivered to the public or to any person buying any such substance for any purpose other than resale.
"Person" shall mean any person, firm, partnership, association, or corporation.
Added by Laws 1951, p. 142, § 1, emerg. eff. May 29, 1951.
§83-112. Authority of Corporation Commission.
A. The Commission is hereby authorized and directed to promulgate such tests, standards, specifications, rules and regulations as may be necessary to carry out the provisions of Section 111 et seq. of this title and to ensure that all measuring devices shall be of the highest degree of accuracy reasonably consistent with the nature of the substance measured, and for such purpose the Commission shall have authority to prescribe such maximum limits of allowable error for such measuring devices as in the judgment of the Commission are necessary to prevent fraud resulting from inaccurate measurement.
B. The Commission is authorized to promulgate such rules, regulations and standards as are necessary to establish a voluntary calibration program for tanks and containers used in this state to transport motor fuel, diesel fuel or blending material; provided, however, this shall not include the fuel supply tanks of a motor vehicle. The Commission is further authorized to establish a fee or charge not to exceed Fifty Dollars ($50.00) for the calibration of these tanks and containers. The fees are to cover the costs necessary for the enforcement of this act to include repairs and maintenance of the building and equipment, metal markers, seals, washers, nuts and bolts and any other supplies necessary.
C. Any tank or container calibrated before or after the effective date of this act by the manufacturer, officials of another state, the Oklahoma Tax Commission or the Oklahoma Corporation Commission shall not be subject to further calibration testing by the Commission unless the physical shape or size of the tank or container has been altered by accident or design. A Certificate of Measurement shall be issued by the Commission for tanks and containers which are calibrated by the manufacturer, another state or the Commission. Nothing herein shall prohibit the Commission from ordering the mandatory calibration testing of any tank, container or metering device which the Commission has good reason to believe is inaccurate and is being utilized to defraud any person, firm or corporation.
D. Fees collected under the provisions of Sections 111 through 118 of this title shall be deposited in the State Treasury to the credit of the Corporation Commission Revolving Fund.
Added by Laws 1951, p. 142, § 2, emerg. eff. May 29, 1951. Amended by Laws 1980, c. 198, § 1, emerg. eff. May 12, 1980; Laws 1981, c. 85, § 1, emerg. eff. April 20, 1981; Laws 1984, c. 284, § 17, operative July 1, 1984.
§83-113. Inspection of measuring devices - Sealing or locking devices not meeting tests.
It shall be the duty of the State Fuel Inspector and his deputies, from time to time, and whenever in their opinion it is necessary, or when directed by the Corporation Commission or the State Fuel Inspector, diligently to inspect all measuring devices in this state for the purpose of determining whether or not such measuring devices comply with the tests, standards, specifications, rules, and regulations of the Commission promulgated under authority of this act; and it shall be the further duty of the State Fuel Inspector and his deputies, whenever they find a measuring device which does not meet or comply with the said tests, standards, specifications, rules or regulations, immediately to report to the State Fuel Inspector the facts and circumstances on which he proposes to base his right so as to place such seal or lock and secure the State Fuel Inspector's approval thereof and upon approval to place a seal or label on said measuring device, stating that the said measuring device does not meet or comply with said tests, standards, specifications, regulations, and immediately to seal and lock said measuring device; provided, that the proprietor operating the business thereof shall have the right to make application to the Commission for an order removing said sign, label, lock or seal, which application shall be heard by the Commission without unnecessary delay and no notice of hearing shall be required. The State Fuel Inspector and his deputies shall make reports to the Commission as and when the Commission may require.
Added by Laws 1951, p. 142, § 3, emerg. eff. May 29, 1951.
§83-114. Exclusion or obstruction of State Fuel Inspector or deputies.
Any person who owns or has custody or control of any measuring device who shall refuse to admit the State Fuel Inspector or his deputies upon his premises, so far as it may be necessary for the performance of his duties, or shall obstruct said Inspector or his deputy in the performance of his duties, shall, for each refusal to admit on his premises, or obstruction offered, be guilty of a misdemeanor and be subject to a fine of One Hundred Dollars ($100.00), or imprisonment for ninety (90) days, or both, for each offense.
Added by Laws 1951, p. 143, § 4, emerg. eff. May 29, 1951.
§83-115. Commitment for nonpayment of fine, penalty or costs - Civil actions.
When any fine, penalty, or costs are assessed under the provisions of this act, the party against whom such fines, penalties or costs are assessed, if the same shall not be paid, shall stand committed until such fines, penalties, and costs are paid; provided, however, that all fines, penalties, or costs provided for by Section 7 of this act, may, at the option of the prosecutor, be recovered by a civil action in the name of the State of Oklahoma, in any court having jurisdiction of the amount, and the rules of evidence applicable to civil cases shall be applied thereto and the jury (or the court in case of a trial without jury) shall fix the amount of recovery within the limits of the fines fixed for each offense respectively with costs.
Added by Laws 1951, p. 143, § 5, emerg. eff. May 29, 1951.
§83-116. Costs.
The costs of said case, and collected in the same manner as costs in case, an attorney's fee of Fifteen Dollars ($15.00) in county and justice courts, and Thirty Dollars ($30.00) in district and superior courts, which said sum shall be paid to the district attorney or Attorney General in addition to the salaries otherwise provided for; provided, that in no case shall the state or any county be liable for such attorney's fee.
Added by Laws 1951, p. 143, § 6, emerg. eff. May 29, 1951.
§83-117. Offenses - Punishment - Contempt.
Any person who uses any measuring device which does not meet or comply with the tests, standards, specifications, rules and regulations of the Commission, or any person who tampers with, alters, or molests any sign, label, seal, or lock mentioned in Section 3 of this act, without having first secured an order permitting the removal of such sign, label, seal, or lock, as provided in Section 3, or any person who violates any rule or regulation of the Commission promulgated under authority of this act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment; and in addition thereto, shall be guilty of contempt of the orders, rules and regulations of the Commission, and shall be subject to a fine by said Commission for such contempt in a sum not exceeding Five Hundred Dollars ($500.00); and each day on which any person, firm, or corporation violates any of such orders, rules, and regulations shall be deemed a separate and distinct offense.
Added by Laws 1951, p. 143, § 7, emerg. eff. May 29, 1951.
§83-118. Partial invalidity.
If any provision of this act or the application thereof to any person, firm, corporation, or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or application, and to this end the provisions of this act are declared to be severable.
Added by Laws 1951, p. 143, § 8, emerg. eff. May 29, 1951.