1 STATE OF OKLAHOMA
2 1st Session of the 58th Legislature (2021)
3 HOUSE BILL 2382 By: Sterling
4
5
6 AS INTRODUCED
7 An Act relating to motor vehicles; defining term;
requiring certain registration; stating certain
8 license requirements; amending 47 O.S. 2011, Section
11-1116, as last amended by Section 2, Chapter 315,
9 O.S.L. 2019 (47 O.S. Supp. 2020, Section 11-1116),
which relates to self-propelled or motor-driven
10 vehicles; making certain exception for street-legal
utility vehicles; amending 47 O.S. 2011, Section
11 1102, as last amended by Section 1, Chapter 57,
O.S.L. 2016 (47 O.S. Supp. 2020, Section 1102), which
12 relates to definitions; defining term; amending 47
O.S. 2011, Section 1113, as last amended by Section
13 4, Chapter 208, O.S.L. 2018 (47 O.S. Supp. 2020,
Section 1113), which relates to issuance of
14 certificate of registration, license plates and
decals; providing for the issuance of license plates,
15 decals and registration for certain vehicles;
amending 47 O.S. 2011, Section 1115.3, which relates
16 to registration of all-terrain and utility vehicles;
requiring certain vehicles receive certificate of
17 registration, license plate and yearly issued decal
before certain operation; providing for codification;
18 and declaring an emergency.
19
20 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
21 SECTION 1. NEW LAW A new section of law to be codified
22 in the Oklahoma Statutes as Section 1-171.1 of Title 47, unless
23 there is created a duplication in numbering, reads as follows:
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1 A. A "street-legal utility vehicle (UTV)" is any motor vehicle
2 having:
3 1. A bench seat or side-by-side seat for the use of each rider;
4 2. Four wheels in contact with the ground, but excluding a
5 tractor;
6 3. A combustion engine with a piston or rotor displacement of
7 four hundred cubic centimeters (400 cu cm) or greater and capable of
8 maintaining speeds of forty-five (45) miles per hour or greater;
9 4. For each occupant, safety belts or safety shoulder harnesses
10 which shall be of a type and shall be installed pursuant to 49
11 C.F.R., Section 571.208 et seq.; and
12 5. All equipment required by the provisions of Article II et
13 seq. of Chapter 12 of Title 47 of the Oklahoma Statutes, with
14 respect to equipment on vehicles.
15 B. A street-legal UTV operated on the streets and highways of
16 this state shall be registered as a motor vehicle.
17 C. The operator of a street-legal UTV shall not be required to
18 have an "M" endorsement on the Class D license pursuant to Section
19 6-110.1 of Title 47 of the Oklahoma Statutes. The operator shall be
20 at least sixteen (16) years of age and hold a valid Oklahoma driver
21 license.
22 SECTION 2. AMENDATORY 47 O.S. 2011, Section 11-1116, as
23 last amended by Section 2, Chapter 315, O.S.L. 2019 (47 O.S. Supp.
24 2020, Section 11-1116), is amended to read as follows:
Req. No. 5722 Page 2
1 Section 11-1116. A. The self-propelled or motor-driven and
2 operated vehicles described in this section shall be prohibited from
3 operating or shall be limited in operation on the streets and
4 highways of this state.
5 B. Self-propelled or motor-driven cycles, known and commonly
6 referred to as "minibikes" and other similar trade names, shall be
7 prohibited from operating on the streets and highways of this state,
8 except:
9 1. When used in a parade; or
10 2. When registered, as required by subsection E of Section 1151
11 of this title, and operated in this state by food vendor services
12 upon streets having a speed limit of thirty (30) miles per hour or
13 less.
14 All minibikes offered for sale in this state shall bear the
15 following notice to the customer: "This machine is not manufactured
16 or sold for operation on the public streets or highways. Since it
17 is not provided with equipment required by law for street or highway
18 use, all persons are cautioned that any operation of this vehicle
19 upon a public street or highway will be in violation of the motor
20 vehicle laws of this state and will subject the violator to arrest."
21 C. Golf carts and utility vehicles, as defined by Section 1102
22 of this title, shall not be operated on the streets and highways of
23 this state except:
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1 1. Golf carts or utility vehicles owned by the Oklahoma Tourism
2 and Recreation Department, and operated by employees or agents of
3 the Department or employees of independent management companies
4 working on behalf of the Department, may be operated on the streets
5 and highways of this state during daylight hours or under rules
6 developed by the Oklahoma Tourism and Recreation Commission, when
7 the streets and highways are located within the boundaries of a
8 state park. The Department shall have warning signs placed at the
9 entrance and other locations at those state parks allowing golf
10 carts or utility vehicles to be operated on the streets and highways
11 of this state located within the boundaries of those state parks.
12 The warning signs shall state that golf carts and utility vehicles
13 may be operating on streets and highways and that motor vehicle
14 operators shall take special precautions to be alert for the
15 presence of golf carts or utility vehicles on the streets and
16 highways;
17 2. The municipal governing body has adopted an ordinance
18 governing the operation of golf carts and/or utility vehicles on
19 city streets; provided, such ordinances shall include necessary
20 vehicle lighting and safety requirements;
21 3. Golf carts or utility vehicles may operate on state highways
22 only if making a perpendicular crossing of a state highway located
23 within the boundaries of a municipality which has adopted an
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1 ordinance governing the operation of golf carts and/or utility
2 vehicles; or
3 4. The board of county commissioners of a county has approved
4 the operation of golf cart and/or utility vehicle traffic on
5 roadways within the county, and:
6 a. the roadway has a posted speed limit of twenty-five
7 (25) miles per hour or less,
8 b. the roadway is located in an unincorporated area, and
9 c. appropriate signage, cautioning motorists of the
10 possibility of golf cart or utility vehicle traffic,
11 is erected by the board of county commissioners; or
12 5. Street-legal utility vehicles registered as a motor vehicle
13 pursuant to subsection B of Section 1 of this act. Provided,
14 however, street-legal utility vehicles shall not be operated on the
15 National System of Interstate and Defense Highways or U.S. highways.
16 D. All-terrain vehicles shall not be operated on the streets
17 and highways of this state, except:
18 1. On unpaved roads which are located within the boundaries of
19 any property of the Forest Service of the United States Department
20 of Agriculture;
21 2. On highways if:
22 a. the vehicle needs to make a direct crossing of the
23 highway while the vehicle is traveling upon a
24 regularly traveled trail and needs to continue travel
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1 from one area of the trail to another and, if the
2 vehicle comes to a complete stop, yields the right-of-
3 way to all oncoming traffic that constitutes an
4 immediate hazard, and crosses the highway at an angle
5 of approximately ninety (90) degrees to the direction
6 of the street or highway. This exception shall not
7 apply to divided highways or highways with a posted
8 speed limit of more than thirty-five (35) miles per
9 hour in the area of the crossing,
10 b. the vehicle needs to travel on a highway in order to
11 cross a railroad track. In that event, the all-
12 terrain vehicle may travel for not more than three
13 hundred (300) feet on a highway to cross a railroad
14 track,
15 c. the operator of the all-terrain vehicle making the
16 crossing at a highway has a valid driver license, and
17 d. the operator of the vehicle makes a crossing on a
18 highway during daylight hours only;
19 3. On streets and highways within a municipality if the
20 municipal governing body has adopted an ordinance governing the
21 operation of golf carts, utility vehicles or all-terrain vehicles on
22 streets and highways within the municipality; or
23 4. On roadways within unincorporated areas of a county if those
24 roadways are not part of the state highway system or the National
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1 System of Interstate and Defense Highways; provided, however, that
2 the driver is a licensed driver.
3 E. Mopeds, as defined by Section 1-133.2 of this title, may be
4 operated on the streets and highways of this state if:
5 1. The municipal governing body has adopted an ordinance
6 governing the operation of mopeds on city streets; provided, such
7 ordinances shall include necessary vehicle lighting and safety
8 requirements; or
9 2. The board of county commissioners of a county has approved
10 the operation of mopeds on roadways within the county, not including
11 roadways within a municipality.
12 SECTION 3. AMENDATORY 47 O.S. 2011, Section 1102, as
13 last amended by Section 1, Chapter 57, O.S.L. 2016 (47 O.S. Supp.
14 2020, Section 1102), is amended to read as follows:
15 Section 1102. As used in the Oklahoma Vehicle License and
16 Registration Act:
17 1. "All-terrain vehicle" means a vehicle manufactured and used
18 exclusively for off-highway use traveling on four or more non-
19 highway tires, and being fifty (50) inches or less in width;
20 2. "Carrying capacity" means the carrying capacity of a vehicle
21 as determined or declared in tons of cargo or payload by the owner;
22 provided, that such declared capacity shall not be less than the
23 minimum tonnage capacity fixed, listed or advertised by the
24 manufacturer of any vehicle;
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1 3. "Certificate of title" means a document which is proof of
2 legal ownership of a motor vehicle as described and provided for in
3 Section 1105 of this title;
4 4. "Chips and oil" or the term "road oil and crushed rock"
5 means, with respect to materials authorized for use in the surfacing
6 of roads or highways in this title or in any equivalent statute
7 pertaining to road or highway surfacing in the State of Oklahoma,
8 any asphaltic materials. Wherever chips and oil or road oil and
9 crushed rock are authorized for use in the surfacing of roads or
10 highways in this state, whether by the Department of Transportation,
11 or by the county commissioners, or other road building authority
12 subject to the Oklahoma Vehicle License and Registration Act,
13 asphaltic materials are also authorized for use in such surfacing
14 and construction;
15 5. "Combined laden weight" means the weight of a truck or
16 station wagon and its cargo or payload transported thereon, or the
17 weight of a truck or truck-tractor plus the weight of any trailers
18 or semitrailers together with the cargo or payload transported
19 thereon;
20 6. "Commercial trailer" means any trailer, as defined in
21 Section 1-180 of this title, or semitrailer, as defined in Section
22 1-162 of this title, when such trailer or semitrailer is used
23 primarily for business or commercial purposes;
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1 7. "Commercial trailer dealer" means any person, firm or
2 corporation engaged in the business of selling any new and unused,
3 or used, or both new and used commercial trailers;
4 8. "Commercial vehicle" means any vehicle over eight thousand
5 (8,000) pounds combined laden weight used primarily for business or
6 commercial purposes. Each motor vehicle being registered pursuant
7 to the provisions of this section shall have the name of the
8 commercial establishment or the words "Commercial Vehicle"
9 permanently and prominently displayed upon the outside of the
10 vehicle in letters not less than two (2) inches high. Such letters
11 shall be in sharp contrast to the background and shall be of
12 sufficient shape and color as to be readily legible during daylight
13 hours, from a distance of fifty (50) feet while the vehicle is not
14 in motion;
15 9. "Commission" or "Tax Commission" means the Oklahoma Tax
16 Commission;
17 10. "Construction machinery" means machines or devices drawn as
18 trailers which are designed and used for construction, tree trimming
19 and waste maintenance projects, which derive no revenue from the
20 transportation of persons or property, whose use of the highway is
21 only incidental and which are not mounted or affixed to another
22 vehicle; provided, construction machinery shall not include
23 implements of husbandry as defined in Section 1-125 of this title;
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1 11. "Dealer" means any person, firm, association, corporation
2 or trust who sells, solicits or advertises the sale of new and
3 unused motor vehicles and holds a bona fide contract or franchise in
4 effect with a manufacturer or distributor of a particular make of
5 new or unused motor vehicle or vehicles for the sale of same;
6 12. "Mini-truck" means a foreign-manufactured import or
7 domestic-manufactured vehicle powered by an internal combustion
8 engine with a piston or rotor displacement of one thousand cubic
9 centimeters (1,000 cu cm) or less, which is sixty-seven (67) inches
10 or less in width, with an unladen dry weight of three thousand four
11 hundred (3,400) pounds or less, traveling on four or more tires,
12 having a top speed of approximately fifty-five (55) miles per hour,
13 equipped with a bed or compartment for hauling, and having an
14 enclosed passenger cab;
15 13. "Interstate commerce" means any commerce moving between any
16 place in a state and any place in another state or between places in
17 the same state through another state;
18 14. "Laden weight" means the combined weight of a vehicle when
19 fully equipped for use and the cargo or payload transported thereon;
20 provided, that in no event shall the laden weight be less than the
21 unladen weight of the vehicle fully equipped for use, plus the
22 manufacturer's rated carrying capacity;
23
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1 15. "Local authorities" means every county, municipality or
2 local board or body having authority to adopt police regulations
3 under the Constitution and laws of this state;
4 16. "Low-speed electrical vehicle" means any four-wheeled
5 electrical vehicle that is powered by an electric motor that draws
6 current from rechargeable storage batteries or other sources of
7 electrical current and whose top speed is greater than twenty (20)
8 miles per hour but not greater than twenty-five (25) miles per hour
9 and is manufactured in compliance with the National Highway Traffic
10 Safety Administration standards for low-speed vehicles in 49 C.F.R.
11 571.500;
12 17. "Manufactured home" means a residential dwelling built in
13 accordance with the National Manufactured Housing Construction and
14 Safety Standards Act of 1974, 42 U.S.C., Section 5401 et seq., and
15 rules promulgated pursuant thereto and the rules promulgated by the
16 Oklahoma Used Motor Vehicle and Parts Commission pursuant to Section
17 582 of this title. Manufactured home shall not mean a park model
18 recreational vehicle as defined in this section;
19 18. "Manufactured home dealer" means any person, firm or
20 corporation engaged in the business of selling any new and unused,
21 or used, or both new and used manufactured homes. Such information
22 and a valid franchise letter as proof of authorization to sell any
23 such new manufactured home product line or lines shall be attached
24 to the application for a dealer license to sell manufactured homes.
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1 "Manufactured home dealer" shall not include any person, firm or
2 corporation who sells or contracts for the sale of the dealer's own
3 personally titled manufactured home or homes. No person, firm or
4 corporation shall be considered a manufactured home dealer as to any
5 manufactured home purchas