Okla. Stat. tit. 47, § 7-609
Repealed
Effective Jul 1, 2006Added by Laws 1990, HB 2155, c. 298, § 6, eff. July 1, 1991; Amended by Laws 1992, HB 2469, c. 351, § 2, eff. September 1, 1992; Amended by Laws 1993, HB 1334, c. 77, § 1, eff. September 1, 1993; Amended by Laws 1994, SB 1003, c. 218, § 10, emerg. eff. April 1, 1995; Amended by Laws 1997, HB 1053, c. 193, § 6, eff. November 1, 1997 (superseded document available); Amended by Laws 1999, SB 194, c. 119, § 3, eff. November 1, 1999 (superseded document available); Amended by Laws 2000, SB 1390, c. 136, § 2, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2004, HB 2265, c. 418, § 11, emerg. eff. July 1, 2004 (superseded document available); Amended by Laws 2006, HB 3115, c. 322, § 8, emerg. eff. July 1, 2006 (superseded document available).
- A. Whenever any owner fails to timely furnish proof of insurance or fails to timely respond as required by subsection C of Section 7-608 of this title, the Department of Public Safety shall suspend the person's driving privilege and the registration of any motor vehicle registered in the name of such person as owner which is not covered by security. The suspension shall be effective immediately upon the lapse of the thirty-day response period in subsection C of Section 7-608 of this title. The suspension shall remain in effect until payment is made of the fees provided for in Section 6-212 of this title and proof of insurance is presented to the Department; provided, if the person is not subject to the Compulsory Insurance Law of this state, provides proof the vehicle is insured and there has been no break in insurance coverage, provides proof the vehicle is and has been inoperable since or prior to the cancellation date of the insurance policy, provides proof the person no longer owns the vehicle and has not since or prior to the cancellation date of the insurance policy, or is not an owner of any motor vehicle and the Department does not have reason to believe the person should be maintaining an operator’s policy, then proof of insurance and payment of the processing and reinstatement fee shall not be required and the Department shall vacate the suspension of the person's driving privilege.
- B. Any person whose driving privilege and registration have been suspended pursuant to the provisions of subsection A of this section shall surrender to the Department his or her driver license and the license plate of any motor vehicle registered in his or her name and not covered by security within thirty (30) days from the date of the suspension. Any owner failing to surrender his or her driver license or license plate or plates to the Department within such time shall pay a fee of Fifty Dollars ($50.00) which shall be in addition to the fees provided for in Section 6-212 of this title.
- C. Whenever any person's driving privilege or registration of any motor vehicle is suspended pursuant to this section according to the records of the Department, the Department may accordingly notify any peace officer of the suspension.
- D. Any peace officer who has been notified that a person's driving privilege or registration of a motor vehicle is currently under suspension according to the records of the Department shall, upon observing the person or motor vehicle anywhere upon a public street, highway, roadway, turnpike, or public parking lot, within this state, forthwith stop the person or motor vehicle and seize the person's driver license or license plate or both.
- E. No person shall have a property interest in a driver license, vehicle registration, or vehicle license plate issued pursuant to the laws of this state and it shall be the duty of every person whose driving privilege or motor vehicle registration has been suspended to forthwith surrender such driver license or license plate or both upon the request of any peace officer or representative of the Department.
- F. Any person upon a public street, highway, roadway, turnpike, or public parking lot, within this state, who willfully refuses to surrender possession of a driver license or license plate after being informed by a peace officer or representative of the Department that his or her driving privilege or motor vehicle registration is currently under suspension according to the records of the Department, shall be guilty of a misdemeanor, punishable by imprisonment in the county jail for not more than ten (10) days or a fine not to exceed Five Hundred Dollars ($500.00) or by both such fine and imprisonment.
- G. Any driver license or license plate surrendered to or seized by a peace officer pursuant to this article shall be submitted to a representative of the Department in a manner and with a form or method approved by the Department.
- H. The Department shall deposit fees collected pursuant to subsection B of this section and paragraph 3 of subsection A of Section 7-605 of this title in a special account of the Department maintained with the office of the State Treasurer. The State Treasurer shall credit these fees to this special account to be distributed as hereinafter provided.
- I. The Department shall identify the name of the employing law enforcement agency from which a suspended driver license or license plate has been received pursuant to this section, and determine that the fee required by subsection B of this section or paragraph 3 of subsection A of Section 7-605 of this title has been paid. The Department shall reimburse the law enforcement agency so identified the sum of Twenty-five Dollars ($25.00) for each driver license and the sum of Twenty-five Dollars ($25.00) for each vehicle license plate from the special account.
- J. Any unencumbered monies remaining in the special account at the close of each calendar month shall be transferred by the Department to the General Revenue Fund of the State Treasury.
- K. The State of Oklahoma, the departments and agencies thereof, including the Department of Public Safety, all political subdivisions, and the officers and employees of each, shall not be held legally liable in any suit in law or in equity for any erroneous entry of a suspension upon the records of the Department, nor for the enforcement of the provisions of the Compulsory Insurance Law, Section 7-600 et seq. of this title, performed in good faith.
Added by Laws 1990, HB 2155, c. 298, § 6, eff. July 1, 1991; Amended by Laws 1992, HB 2469, c. 351, § 2, eff. September 1, 1992; Amended by Laws 1993, HB 1334, c. 77, § 1, eff. September 1, 1993; Amended by Laws 1994, SB 1003, c. 218, § 10, emerg. eff. April 1, 1995; Amended by Laws 1997, HB 1053, c. 193, § 6, eff. November 1, 1997 (superseded document available); Amended by Laws 1999, SB 194, c. 119, § 3, eff. November 1, 1999 (superseded document available); Amended by Laws 2000, SB 1390, c. 136, § 2, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2004, HB 2265, c. 418, § 11, emerg. eff. July 1, 2004 (superseded document available); Amended by Laws 2006, HB 3115, c. 322, § 8, emerg. eff. July 1, 2006 (superseded document available).