Okla. Stat. tit. 47, § 161
Repealed
Effective Nov 1, 1995Added by Laws 1929, HB 19, c. 253, § 1, emerg. eff. June 28, 1929; Amended by Laws 1933, HB 656, c. 156, § 1, emerg. eff. April 14, 1933; Amended by Laws 1935, SB 59, c. 20, § 1, emerg. eff. May 9, 1935; Amended by Laws 1943, HB 57, c. 7, § 1, emerg. eff. February 16, 1943; Amended by Laws 1965, HB 922, c. 183, § 1, emerg. eff. June 3, 1965; Amended by Laws 1968, HB 1114, c. 190, § 1, eff. September 30, 1968; Amended by Laws 1969, HB 1311, c. 183, § 1, emerg. eff. April 17, 1969; Amended by Laws 1988, HB 1573, c. 287, § 8, emerg. eff. July 1, 1988; Amended by Laws 1995, HB 1283, c. 143, § 13, eff. November 1, 1995.
- A. It is hereby declared that it is necessary in the public interest to regulate transportation by motor carriers of household goods and used emigrant movables in such manner as to recognize and preserve the inherent advantages of, and foster sound economic conditions in such transportation and among such carriers; promote adequate, economical, efficient service by motor carriers, and reasonable charges therefor, without unjust discriminations, undue preferences or advantages and unfair or destructive competitive practices; develop and preserve a highway transportation system properly adapted to the agricultural, industrial and commercial needs of the commerce of the State of Oklahoma and the national defense; and cooperate with the government of the United States, the departments of the State of Oklahoma, regulatory bodies of other states, and the duly authorized officials thereof and with any organization of motor carriers in the administration and enforcement of this act.
B. The provisions of this act, except as hereinafter specifically limited, shall apply to the transportation of household goods and used emigrant movables by motor carriers over public highways of this state; and the regulations of such transportation, and the procurement thereof and the provisions of facilities therefor, is hereby vested in the Oklahoma Corporation Commission.
Nothing herein shall be construed to interfere with the exercise by agencies of the government of the United States of its power of regulation of interstate commerce.
C. As used in this act:
- 1. "Person" means any individual, firm, copartnership, limited partnership, corporation, limited liability corporation, company, association, or joint-stock association and includes any trustee, receiver, assignee, or personal representative thereof;
- 2. "Commission" means the Oklahoma Corporation Commission;
- 3. "Certificate" means the certificate of public convenience and necessity issued under authority of the laws of the State of Oklahoma to common carriers of household goods or used emigrant movables by motor vehicle;
- 4. "Permit" means a permit issued under authority of the laws of the State of Oklahoma to contract carriers of household goods or used emigrant movables by motor vehicle;
- 5. "Motor vehicle" means any automobile, truck, truck-tractor, trailer or semitrailer or any motor bus or any self-propelled vehicle not operated or driven upon fixed rails or tracks;
- 6. "Motor carrier" includes both a common carrier by motor vehicle and a contract carrier by motor vehicle, operating upon any public highway for the transportation of household goods and used emigrant movables for compensation or for hire or for commercial purposes, and not operating exclusively within the limits of an incorporated city or town within this state;
- 7. "Common carrier by motor vehicle" means any person which holds itself out to the general public to engage in the transportation by motor vehicle in intrastate commerce of household goods or used emigrant movables or any class or classes thereof for compensation;
8. "Contract carrier by motor vehicle" means any person which engages in transportation by motor vehicle of household goods or used emigrant movables in intrastate commerce, for compensation (other than transportation referred to in the preceding paragraph) under continuing contracts with one person or a limited number of persons either:
- a. for the furnishing of transportation services through the assignment of motor vehicles for a continuing period of time to the exclusive use of each person served, or
- b. for the furnishing of transportation services designed to meet the distinct need of each individual customer;
- 9. "Corporate family" means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly one hundred percent (100%) interest;
- 10. "Intercorporate hauling" means the transportation of property, by motor vehicle, for compensation, by a carrier which is a member of a corporate family, as defined in this act, when the transportation for compensation is provided for other members of the corporate family; and
- 11. "Public highway" means every public street, road or highway, or thoroughfare in this state, used by the public, whether actually dedicated to the public and accepted by the proper authorities or otherwise.
- D. The terms and provisions of this act shall apply to commerce with foreign nations, or commerce among the several states of this Union, insofar as such application may be permitted under the provisions of the Constitution of the United States and the Acts of Congress.
Added by Laws 1929, HB 19, c. 253, § 1, emerg. eff. June 28, 1929; Amended by Laws 1933, HB 656, c. 156, § 1, emerg. eff. April 14, 1933; Amended by Laws 1935, SB 59, c. 20, § 1, emerg. eff. May 9, 1935; Amended by Laws 1943, HB 57, c. 7, § 1, emerg. eff. February 16, 1943; Amended by Laws 1965, HB 922, c. 183, § 1, emerg. eff. June 3, 1965; Amended by Laws 1968, HB 1114, c. 190, § 1, eff. September 30, 1968; Amended by Laws 1969, HB 1311, c. 183, § 1, emerg. eff. April 17, 1969; Amended by Laws 1988, HB 1573, c. 287, § 8, emerg. eff. July 1, 1988; Amended by Laws 1995, HB 1283, c. 143, § 13, eff. November 1, 1995.