Title
TITLE 47 - MOTOR VEHICLES (INCLUDES AMENDMENTS NOT YET CODIFIED)
Body
*NOTICE: This document is provided as a courtesy. This document includes amendments to the Title 47 2019 Pocket Part as listed below and have not yet been officially codified. To ensure accuracy, anyone using this document should compare it to the official amendments available at: <https://cherokee.legistar.com/Legislation.aspx>
Includes: LA-30-20, LA-02-21, LA-21-21, AND LA-31-21
TITLE 47
MOTOR VEHICLES
HIGHWAY SAFETY CODE
Chapter
1. Words and Phrases Defined
2. Application
4. Anti-Theft Laws
10. Accidents and Accident Reports
11. Rules of the Road
12. Equipment of Vehicles
13. Inspection of Vehicles
14. Size, Weight and Load
15. Respective Powers of State and Local Authorities
16. Parties and Procedure Upon Arrest
17. Penalties
18. Records and Reports of Convictions
40.
MISCELLANEOUS LAWS
67. Chemical Tests
74. Uniform Certificate of Title Act
79. Motor Vehicle Chop Shop, Stolen and Altered Property Act
APPENDIX A. CHEROKEE NATION BOND SCHEDULE
HIGHWAY SAFETY CODE
CHAPTER 1
WORDS AND PHRASES DEFINED
Section
1-101. Definition of words and phrases
1-101.1. Ancient vehicle
1-102. Arterial street
1-103. Authorized emergency vehicles-Equipment
1-103.1. Automobile
1-103.2. Autocycle
1-104. Bicycle, electric-assisted bicycle, and motorized bicycle
1-105. Bus
1-105.1. Church bus
1-106. Business district
1-107. Cancellation of driver’s license
1-107.1. Class A commercial motor vehicle
1-107.2. Class B commercial motor vehicle
1-107.3. Class C commercial motor vehicle
1-107.4. Class D motor vehicle
1-108. Commercial operator or driver
1-108.1. Tillerman
1-108.2. Steerman
1-109. Commissioner
1-110. Controlled-access highway
1-111. Crosswalk
1-112. Dealer
1-113. Department
1-114. Driver
1-114A. Electric personal assistive mobility device
1-115. Reserved
1-116. Established place of business
1-117. Explosives
1-118. Farm tractor
1-119. Flammable liquid
1-120. Reserved
1-120.1. Gross combination weight rating (GCWR)
1-121. Gross vehicle weight rating (GVWR)
1-122. Highway
1-123. Manufactured home
1-124. Identifying number
1-125. Implement of husbandry
1-126. Intersection
1-127. Reserved
1-128. License to operate a motor vehicle
1-129. Lienholder
1-130. Local authorities
1-131. Mail
1-132. Manufacturer
1-133. Metal tire
1-133.1. Reserved
1-133.2. Moped
1-133.3. Motor scooter
1-134. Motor vehicle
1-134.1. Low-speed electrical vehicle
1-135. Motorcycle
1-136. Motor-driven cycle
1-136.1. Reserved
1-136.2. Reserved
1-136.3. Motorized wheelchair
1-137. Nonresident
1-138. Nonresident’s operating privilege
1-139. Official traffic-control devices
1-140. Operator
1-140.1. ‘‘Other intoxicating substance’’ defined
1-141. Owner
1-142. Park, parking, and public parking lot
1-143. Pedestrian
1-144. Person
1-145. Pneumatic tire
1-146. Pole trailer
1-147. Police officer
1-148. Private road or driveway
1-149. Railroad
1-150. Railroad sign or signal
1-151. Railroad train
1-152. Reserved
1-152.1. Recreational vehicle
1-153. Registration
1-154. Residence district
1-155. Revocation of driving privilege
1-156. Right-of-way
1-157. Reserved
1-158. Roadway and shoulder
1-159. Safety zone
1-160. School bus
1-161. Security
1-162. Semitrailer
1-163. Sidewalk
1-164. Solid tire
1-165. Special mobilized machinery
1-166. Reserved
1-167. Stand or standing
1-168. State
1-169. Stop
1-170. Stop or stopping
1-171. Street
1-172. Reserved
1-173. Suspension of driver’s license
1-173.1. Tank vehicle
1-174. Taxicab
1-175. Through highway
1-176. Reserved
1-177. Traffic
1-178. Traffic-control signal
1-179. Traffic lane
1-180. Trailer
1-181. Transporter
1-181.1. Travel trailer
1-182. Truck
1-183. Truck tractor
1-184. Turnpike and Turnpike Authority
1-185. Urban district
1-186. Vehicle
§ 1-101. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-101.1. Ancient vehicle
A motor vehicle owned by a citizen of this Nation, which is thirty (30) years of
age or older, based upon the date of manufacture thereof, and which travels on
highways of this Nation primarily incidental to historical or exhibition purposes
only.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-102. Arterial street
Any U.S. or state-numbered route, controlled-access 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-103.1. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-103.2. Autocycle
A. An autocycle is any motor vehicle having:
1. A seat or saddle for the use of each rider;
2. Three wheels in contact with the ground, but excluding a tractor;
3. A combustion engine with a piston or rotor displacement of one
hundred fifty cubic centimeters (150 cu cm) or greater;
4. For each occupant, safety belts or safety shoulder harnesses which
shall be of a type and shall be installed pursuant to 49 C.F.R., Section
571.208 et seq.; and
5. All equipment required by the provisions of Article II et seq. of Chapter
12 of this title, with respect to equipment on vehicles.
B. An autocycle shall be registered as a motor vehicle.
C. The operator of an autocycle shall not be required to have an ‘‘M’’
endorsement on the Class D License pursuant to Section 6-110.1 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 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 with a power output of not more than seven hundred fifty
(750) watts that meets the requirements of one of the following three
classes:
a. ‘‘Class 1 electric-assisted bicycle’’ shall mean an electric-assisted
bicycle equipped with a motor that provides assistance only when the
rider is pedaling, and that ceases to provide assistance when the
bicycle reaches the speed of twenty (20) miles per hour,
b. ‘‘Class 2 electric-assisted bicycle’’ shall mean an electric-assisted
bicycle equipped with a motor that may be used exclusively to propel
the bicycle, and that is not capable of providing assistance when the
bicycle reaches the speed of twenty (20) miles per hour, and
c. ‘‘Class 3 electric-assisted bicycle’’ shall mean an electric-assisted
bicycle equipped with a motor that provides assistance only when the
rider is pedaling, and that ceases to provide assistance when the
bicycle reaches the speed of twenty-eight (28) miles per hour.
An electric-assisted bicycle shall meet the manufacturing and equipment requirements
adopted by the Consumer Product Safety Commission for bicycles
and shall operate in such a manner that the electric motor disengages or ceases
to function when the rider stops pedaling or the brakes are applied.
C. A motorized bicycle is any bicycle having:
1. Fully operative pedals for propulsion by human power;
2. A power drive system that functions directly or automatically without
clutching or shifting by the operator after the drive system is engaged; and
3. A combustion engine with a piston or rotor displacement of eighty (80
cu cm) cubic centimeters 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-five (35) 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-105. Bus
‘‘Bus’’ shall mean every motor vehicle designed for carrying more than eight
passengers and used for the transportation of persons; and every motor vehicle
designed and used for the transportation of persons for compensation. As used
in this section, ‘‘Bus’’ shall not include a vehicle authorized for use pursuant to
the Oklahoma Transportation Network Company Services Act as defined in 47
O.S. § 1011.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-105.1. 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.
LA 02-21, eff. Feb. 18, 2021.
§ 1-106. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-107. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-107.1. Class A commercial motor vehicle
Any combination of vehicles, except a Class D motor vehicle, with a gross
combined weight rating of twenty-six 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-107.2. Class B commercial motor vehicle
Any single vehicle, except a Class D motor vehicle, with a gross vehicle weight
rating of twenty-six 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 twenty-six thousand one (26,001) or more pounds and designed to transport
sixteen (16) or more persons, including the driver.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-107.3. Class C commercial motor vehicle
Any single vehicle or combination of vehicles, other than a Class A or Class B
motor 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 (16) or more persons,
including the driver.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-107.4. 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 family or his
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, and
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.
4. Is operated by a licensed 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-108. Commercial operator or driver
Every person who operates, drives or is in actual physical control of a Class
A, B or C motor vehicle, as defined in Sections 1-107.1, 1-107.2 and 1-107.3 of
this title.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-108.1. Tillerman
‘‘Tillerman’’ shall mean every person who is physically located on a Class A, B
or C commercial motor vehicle in which they are steering or assisting in
steering by remote control or other means, any axle, including a vehicle being
towed by a motor vehicle, and shall possess the appropriate class of license for
the vehicle being operated as required by 47 O.S. § 6-101.
LA 02-21, eff. Feb. 18, 2021.
§ 1-108.2. Steerman
‘‘Steerman’’ shall mean every person who is not physically located on a Class A,
B or C commercial motor vehicle in which they are steering or assisting in
steering by remote control or other means, any axle, including a vehicle being
towed by a motor vehicle, and shall be exempt from the requirement to possess
a Class A, B or C commercial driver license and shall only be required to
possess a valid driver license.
LA 02-21, eff. Feb. 18, 2021.
§ 1-109. Commissioner
The Commissioner of the Department of Public Safety of the State of Oklahoma.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-110. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-111. Crosswalk
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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-112. 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 Nation.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-113. Department
The Department of Public Safety of the State of Oklahoma, acting directly or
through its duly-authorized officers and agents.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-114. Driver
A. ‘‘Driver’’ means any person who drives, operates or is in actual physical
control of a vehicle.
B. ‘‘Driver license’’ means a document issued by the Department of Public
Safety or the driver licensing agency of another state or country which grants
to the person named thereon the privilege to drive, operate or be in actual
physical control of a motor vehicle. The term shall include an intermediate
Class D driver license, a learner permit and commercial learner permit.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-114A. 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.
LA 02-21, eff. Feb. 18, 2021.
§ 1-115. Reserved
§ 1-116. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-117. Explosives
Explosives shall have the same meaning as defined in 49 C.F.R., Part 173.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-118. Farm tractor
Every motor vehicle designed and used primarily as a farm implement, for
drawing plows, mowing machines and other implements of husbandry.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-119. Flammable liquid
Flammable substance shall include any liquid, gas, or other material as defined
in 49 C.F.R., Part 173.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-120. Reserved
§ 1-120.1. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-121. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-122. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-123. Manufactured home
‘‘Manufactured home’’ means and includes every vehicle defined as a manufactured
home as defined in 47 O.S. § 1102.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-124. Identifying number
The numbers, and letters if any, on a vehicle designated by the Oklahoma Tax
Commission for the purpose of identifying the vehicle.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-125. 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 used 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 act.
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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-126. 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 (30) feet or more apart,
then every crossing of two roadways of such highways shall be regarded as a
separate intersection.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-127. Reserved
§ 1-128. License to operate a motor vehicle
A. Any valid driver license or permit to operate a motor vehicle issued
under the laws of Oklahoma including any temporary license or instruction
permit, the lawful possession of which by a resident of the State of Oklahoma
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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-129. Lienholder
A person holding a security interest in a vehicle.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-130. 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 Nation
and, where applicable, the State of Oklahoma.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-131. Mail
To deposit in the United States mails properly addressed and with postage
prepaid.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-132. 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
the State of Oklahoma or within the Cherokee Nation.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-133. Metal tire
Every tire the surface of which in contact with the highway is wholly or partly
of metal or other hard, nonresilient material.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-133.1. Reserved
§ 1-133.2. 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-five (35) 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.
LA 02-21, eff. Feb. 18, 2021.
§ 1-133.3. Motor 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.
LA 02-21, eff. Feb. 18, 2021.
§ 1-134. 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;
4. Vehicles moved solely by human or animal power; or
5. Electric-assisted bicycles as defined in Section 1-104 of this title.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 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.
LA 02-21, eff. Feb. 18, 2021.
§ 1-135. 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 one hundred
fifty cubic centimeters (150 cu cm) or greater.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-136. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-136.1. Reserved
§ 1-136.2. Reserved
§ 1-136.3. Motorized wheelchair
A motorized wheelchair is any self-propelled 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.
LA 02-21, eff. Feb. 18, 2021.
§ 1-137. Nonresident
Every person who is not a resident of this Nation.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-138. Nonresident’s operating privilege
The privilege conferred upon a nonresident by the laws of this Nation pertaining
to the operation by such person of a motor vehicle, or the use of a vehicle
owned by such person, in this Nation.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-139. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-140. Operator
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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 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 2101 et seq. of Title 21 of the Cherokee Nation Code
Annotated, 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.
LA 02-21, eff. Feb. 18, 2021.
§ 1-141. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-142. 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 right-of-way dedicated to
public use or owned by the state or a political subdivision thereof.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-143. Pedestrian
Any person afoot.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-144. Person
Every natural person, firm, co-partnership, association or corporation.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-145. Pneumatic tire
Every tire in which compressed air is designed to support the load.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-146. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-147. Police officer
Every sheriff, constable, marshal, policeman, highway patrolman, and any
other officer who is authorized to direct or regulate traffic or make arrests for
violations of Cherokee Nation laws.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-148. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-149. Railroad
A carrier of persons or property upon cars operated upon stationary rails.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-150. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-151. Railroad train
A steam engine, diesel, electric or other motor, with or without cars coupled
thereto, operated upon rails, except streetcars.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-152. Reserved
§ 1-152.1. Recreational vehicle
For the sole purpose of the classification of vehicles as provided in Sections
1-107.1 through 1-07.4 1 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
1 So in original. Probably a reference to § 1-107.4.
§ 1-153. Registration
The registration certificate or certificates and registration plates issued under
the laws of Oklahoma pertaining to the registration of vehicles.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-154. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-155. Revocation of driving privilege
The termination by formal action of the Oklahoma Department of Public Safety
regarding a person’s privilege to operate a motor vehicle on the public highways.
Such action shall not include the requirement of the surrender to the
Department of said person’s driver license.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-156. Right-of-way
The privilege of the immediate use of the roadway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-157. Reserved
§ 1-158. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-159. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-160. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-161. Security
Cash, certificates of deposit issued by financial institutions located within the
Nation or the State of Oklahoma, 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-162. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-163. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-164. Solid tire
Every tire of rubber or other resilient material which does not depend upon
compressed air for the support of the load.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-165. Special mobilized machinery
Special purpose machines, either self-propelled 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 revenueproducing
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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-166. Reserved
§ 1-167. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-168. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-169. Stop
When required means complete cessation from movement.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-170. 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 traffic-control sign or
signal.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-171. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-172. Reserved
§ 1-173. Suspension of driver’s license
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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-173.1. Tank vehicle
Any commercial motor vehicle designed to transport any liquid, powdered or
gaseous materials within a tank or tanks having an individual rated capacity of
more than one hundred nineteen (119) gallons and an aggregate rated capacity
of one thousand (1,000) or more gallons that is either permanently or temporarily
attached to the vehicle or the chassis. A commercial motor vehicle
transporting an empty storage container tank, not designed for transportation,
with a rated capacity of one thousand (1,000) or more gallons that is temporarily
attached to a flatbed trailer is not considered a tank vehicle. Such vehicles
include but are not limited to cargo tanks and portable tanks as defined by 49
C.F.R., Part 171; provided, a commercial motor vehicle transporting an empty
storage container tank, not designed for transportation, with a rated capacity of
one thousand (1,000) or more gallons that is temporarily attached to a flatbed
trailer is not considered a tank vehicle.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-174. Taxicab
Taxicab shall mean and include any motor vehicle for hire, designed to carry
eight (8) 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 eight (8) 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 (2) trips per day, nor shall the classification 1
2. Motor vehicles operated by the owner where the cost of operation is
shared by the passengers on a ‘‘share the expense plan’’;
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, or
4. Motor vehicles operating pursuant to the Oklahoma Transportation
Network Company Act as provided for in 47 O.S. § 1011.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
1 So in original.
§ 1-175. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-176. Reserved
§ 1-177. Traffic
Pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances
either singly or together, while using any highway for purposes of travel.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-178. Traffic-control signal
Any device, whether manually, electrically or mechanically operated, by which
traffic is alternately directed to stop and to proceed.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-179. Traffic lane
The portion of the traveled way for the movement of a single line of vehicles.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-180. 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 47 CNCA § 1-125.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-181. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-181.1. 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.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-182. Truck
Every motor vehicle designed, used or maintained primarily for the transportation
of property.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-183. 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 47 O.S. § 14-103(C)(3), the term truck-tractor shall
also include oil field rig-up trucks when towing a trailer or semitrailer.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-184. Turnpike and Turnpike Authority
A. The words ‘‘Turnpike Authority’’ or ‘‘Authority’’ shall mean the Oklahoma
Turnpike Authority, created by 69 O.S. § 1703, or, if said Authority shall
be abolished, the board, body, or commission succeeding to the principal
functions thereof or to whom the powers given by this act to the Authority shall
be given by law.
B. A turnpike is a limited access grade separated expressway financed and
operated by the Oklahoma Turnpike Authority upon which a toll is charged for
the use thereof.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-185. Urban district
The territory contiguous to and including any street which is built up with
structures devoted to business, industry or dwelling houses situated at intervals
of less than one hundred (100) feet for a distance of a quarter of a mile or more.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1-186. Vehicle
A. A vehicle is any device in, upon or by which any person or property is or
may be transported or drawn upon a highway, excepting devices used exclusively
upon stationary rails or tracks.
B. As used in this title, the term ‘‘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; or
3. Motorized wheelchairs, as defined in Section 1-136.3 of this title.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
CHAPTER 2
APPLICATION
Section
2-101. Application of code
2-102. Cherokee Nation
2-103. Indian
2-104. Tribal citizen
2-105. Offense
2-106. Crime
§ 2-101. Application of code
This title shall apply to all persons subject to the jurisdiction of Cherokee
Nation as determined by Cherokee Nation or federal law.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 2-102. Cherokee Nation
‘‘Cherokee Nation’’ is the government of Cherokee Nation and geographically is
the territory of Cherokee Nation as of 1893.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 2-103. Indian
Any person who is a member or who is eligible for membership in a federally recognized
tribe, nation or band of Indians.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 2-104. Tribal citizen
Any person who is a citizen or who is eligible for citizenship in Cherokee
Nation.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 2-105. Offense
An offense is a violation of any provision under this code which is punishable
only by assessment of a fine and costs.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 2-106. Crime
A crime is any violation of a provision of this code which is not designated as
an ‘‘offense’’ and if committed under the laws of the State of Oklahoma would
constitute a misdemeanor or felony.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
CHAPTER 4
ANTI-THEFT LAWS
Section
4-101. Exceptions from provisions of this chapter
4-102. Unauthorized use of vehicle or implement of husbandry
4-103. Unauthorized use of a vehicle known to be stolen-Punishment
4-104. Damaging or tampering with vehicle or implement of husbandry
4-105. Stolen, converted, recovered and unclaimed vehicles
4-106. False report of theft or conversion
4-107. Removed, falsified or unauthorized identification
4-107a. Offenses in connection with trim tag plates-Exceptions-Penalties-Civil
remedies-Definitions
4-108. False statements of material facts-Punishment
4-109. Altering or forging certificate of title
4-110. Offenses in connection with certificates of title
§ 4-101. Exceptions from provisions of this chapter
This chapter does not apply to the following unless a title or registration has
been issued on such vehicles under this act:
1. a vehicle moved solely by animal power;
2. an implement of husbandry, except as provided in 47 CNCA §§ 4-102
and4-104;
3. special mobilized machinery;
4. a self-propelled invalid wheelchair or tricycle.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 4-102. Unauthorized use of vehicle or implement of husbandry
A. A person not entitled to possession of a vehicle who, without the consent
of the owner and with intent to deprive him, temporarily or otherwise, of the
vehicle or its possession, takes, uses or drives the vehicle or implement of
husbandry is guilty of a felony punishable by imprisonment for a term not more
than three (3) years, or by a fine not to exceed Fifteen Thousand Dollars
($15,000.00), or by both said imprisonment and fine.
B. A person not entitled to possession of an implement of husbandry who,
without the consent of the owner and with intent to deprive the owner,
temporarily or otherwise, of the implement of husbandry or its possession,
takes, uses or drives the implement of husbandry shall, upon conviction, be
guilty of a felony punishable in accordance with the provisions of Section
17-102 of this title.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 4-103. Unauthorized use of a vehicle known to be stolen-Punishment
A. A person not entitled to the possession of a vehicle who receives,
possesses, conceals, sells or disposes of it, knowing the vehicle to be stolen or
converted under circumstances constituting a crime, shall upon conviction, be
guilty of a felony, punishable by imprisonment for a term not more than three
(3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or
by both said imprisonment and fine.
B. A person not entitled to the possession of an implement of husbandry
who receives, possesses, conceals, sells or disposes of it, knowing the implement
of husbandry to be stolen or converted under circumstances constituting a
crime shall, upon conviction, be guilty of a felony punishable in accordance
with the provisions of Section 17-102 of this title.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 4-104. Damaging or tampering with vehicle or implement of husbandry
A. A person, who, with intent and without right to do so, injures or tampers
with any vehicle or implement of husbandry or in any other manner damages
any part or portion of said vehicle or implement of husbandry or any accessories,
appurtenance or attachments thereto is guilty of a misdemeanor punishable
by imprisonment for a term not more than one (1) year, or by a fine not to
exceed Five Thousand Dollars ($5,000.00), or by both said imprisonment and
fine.
B. A person, who, without right to do so and with intent to commit a crime,
climbs into or upon a vehicle or implement of husbandry whether it is in
motion or at rest, attempts to manipulate any of the levers, starting mechanism,
brakes or other mechanism or device of a vehicle or implement of husbandry
while the same is at rest and unattended, or sets in motion any vehicle or
implement of husbandry while the same is at rest and unattended is guilty of a
misdemeanor punishable by imprisonment for a term not more than one (1)
year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both
said imprisonment and fine.
C. This section shall not apply as stated in 47 CNCA § 11-1002.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 4-105. Stolen, converted, recovered and unclaimed vehicles
A. It shall be the duty of every sheriff, marshal, chief of police or peace
officer to make immediate report to the Department of Public Safety of all
vehicles reported to their respective jurisdictions as being stolen or recovered.
Such report shall be made as prescribed by the Department.
B. An owner or a lienholder may report the theft of a vehicle, or its
conversion if a crime, to the Department, but the Department may disregard
the report of a conversion unless a warrant has been issued for the arrest of a
person charged with the conversion. A person who has so reported the theft or
conversion of a vehicle shall, forthwith after learning of its recovery, report the
recovery to the Department.
C. An operator of a place of business for garaging, repairing, parking or
storing vehicles for the public, in which a vehicle remains unclaimed for a
period of thirty (30) days, shall, within five (5) days after the expiration of that
period, report the vehicle as unclaimed to the Department. Such report shall
be on a form prescribed by the Department.
A vehicle left by its owner whose name and address are known to the
operator or his employee is not considered unclaimed. A person who fails to
report a vehicle as unclaimed in accordance with this subsection forfeits all
claims and liens for its garaging, parking or storing and is guilty of a crime
punishable by a fine of not more than Twenty-five Dollars ($25.00) for each day
his failure to report continues.
D. The Department shall maintain and appropriately index cumulative
public records of stolen, converted, recovered and unclaimed vehicles reported
to it pursuant to this section. The Department may make and distribute weekly
lists of such vehicles so reported to it to peace officers upon request without fee
and to others for the fee, if any, the Department prescribes.
E. Any peace officer who has reason to believe or upon receiving information
that a motor vehicle has been stolen shall have and is hereby vested with
authority to confiscate and hold such vehicle until satisfactory proof of ownership
is established. Provided, any vehicle that is towed by a licensed wrecker
operator pursuant to the provisions of Section 954A of Title 47 of the Oklahoma
Statues shall be returned to the licensed wrecker operator prior to any other
claim or assertion of ownership.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 4-106. False report of theft or conversion
A person who knowingly makes a false report of the theft or conversion of a
vehicle to a peace officer or to the Department is guilty of a misdemeanor
punishable by imprisonment for a term not more than one (1) year, or by a fine
not to exceed Five Thousand Dollars ($5,000.00), or by both said imprisonment
and fine.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 4-107. Removed, falsified or unauthorized identification
A. Any person or persons who shall destroy, remove, cover, alter or deface,
or cause to be destroyed, removed, covered, altered or defaced, the engine
number or other distinguishing number of any vehicle in this Nation, without
first giving notice of such act to the Cherokee Nation Tax Commission, upon
such form as the Commission may prescribe, or any person who shall give a
wrong description in any application for the registration of any vehicle in this
Nation for the purpose of concealing or hiding the identity of such vehicle, shall
be deemed guilty of a felony punishable by imprisonment for a term not more
than three (3) years, or by a fine not to exceed Fifteen Thousand Dollars
($15,000.00), or by both said imprisonment and fine.
B. A person who buys, receives, possesses, sells or disposes of a vehicle or
an engine for a vehicle, knowing that the identification number of the vehicle or
engine has been removed or falsified, shall, upon conviction, be guilty of a
misdemeanor punishable by imprisonment for a term not more than one (1)
year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both
said imprisonment and fine.
C. A person who buys, receives, possesses, sells or disposes of a vehicle or
an engine for a vehicle, with knowledge that the identification number of the
vehicle or engine has been removed or falsified and with intent to conceal or
misrepresent the identity of the vehicle or engine, shall, upon conviction, be
guilty of a felony punishable by imprisonment for a term not more than three
(3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or
by both said imprisonment and fine.
D. A person who removes a license plate from a vehicle or affixes to a
vehicle a license plate not authorized by law for use on said vehicle with intent
to conceal or misrepresent the identity of the vehicle or its owner shall, upon
conviction, be guilty of a misdemeanor punishable by imprisonment for a term
not more than one (1) year, or by a fine not to exceed Five Thousand Dollars
($5,000.00), or by both said imprisonment and fine.
E. As used in this section:
1. ‘‘Falsify’’ includes alter and forge.
2. ‘‘Identification number’’ includes an identifying number, serial number,
engine number or other distinguishing number or mark, placed on a
vehicle or engine by its manufacturer or by authority of the Cherokee
Nation Tax Commission or in accordance with the laws of another state,
tribe, or country.
3. ‘‘Remove’’ includes deface, cover and destroy.
F. An identification number may be placed on a vehicle or engine by its
manufacturer in the regular course of business or placed or restored on a
vehicle or engine by authority of the Cherokee Nation Tax Commission without
violating this section; an identification number so placed or restored is not
falsified.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 4-107a. Offenses in connection with trim tag plates-Exceptions-Penalties-
Civil remedies-Definitions
A. It shall be unlawful for any person to:
1. Knowingly and intentionally destroy, remove, cover, alter or deface, or
cause to be destroyed, covered, removed, altered or defaced the trim tag
plate of a motor vehicle manufactured from 1953 to 1977;
2. Knowingly affix a counterfeit trim tag plate to a motor vehicle;
3. Manufacture, offer for sale, sell, introduce, import or deliver for sale or
use in this state a counterfeit trim tag plate; or
4. Offer for sale, sell, introduce, import or deliver for sale or use in this
state a trim tag plate that was affixed to a motor vehicle at the time of
manufacture but has since been removed or become dislodged.
B. Paragraph 1 of subsection A of this section shall not apply to:
1. Any person who engages in repair of a motor vehicle, provided that
removal of the vehicle’s trim tag plate is reasonably necessary for repair of
a part of the vehicle to which the trim tag plate is affixed, and provided
that such trim tag plate is not intentionally destroyed, altered or defaced;
or
2. Removal of a trim tag from a motor vehicle which is being junked or
otherwise destroyed, if the removal is being done for historical documenta-
tion purposes by a person actively involved in judging events or for
historical documentation of classic motor vehicles and reasonable precaution
is taken to ensure that the tag is not sold or affixed to another motor
vehicle.
C. Any person convicted of violating the provisions of this act shall be guilty of
a misdemeanor punishable by imprisonment for a term not more than one (1)
year, or by a fine not to exceed Five Thousand Dollars ($5,000.00), or by both
said imprisonment and fine. Any person convicted of violating the provisions
of this act a second or subsequent time shall be guilty of a felony punishable by
imprisonment for a term not more than three (3) years, or by a fine not to
exceed Fifteen Thousand Dollars ($15,000.00), or by both said imprisonment
and fine.
D. In addition to any other civil remedy available, a person defrauded as a
result of a violation of this act may bring a civil action against any person who
knowingly violated this act regardless of whether that person has been convicted
of a violation of this act. A person defrauded as a result of a violation of this
act may recover treble their actual compensatory damages. In any action
brought pursuant to this subsection, the court may award reasonable costs,
including costs of expert witnesses, and attorney fees to the prevailing party.
E. As used in this section:
1. ‘‘Trim tag plate’’ means a plate or tag affixed to a motor vehicle by the
manufacturer which displays numbers, symbols, or codes that identify
characteristics of the vehicle including, but not limited to, date of manufacture,
body style, paint color, engine option, transmission option, trim
option, general option, interior option, and interior color;
2. ‘‘Counterfeit trim tag plate’’ means:
a. any trim tag plate manufactured by a person or entity other than
the original manufacturer of a motor vehicle upon which the trim tag
plate is designed to be affixed, unless the trim tag has been permanently
stamped, in the same manner as other information on the trim tag,
with the words ‘‘REPLACEMENT TAG’’ in letters measuring at least
one-eighth (1⁄8) of an inch in height, or
b. any trim tag plate which has been altered from its original manufactured
condition so as to change any of its numbers, symbols, or
codes; and
3. ‘‘Motor vehicle’’ means the same as defined in Section 1-134 of this
title.
LA 02-21, eff. Feb. 18, 2021.
§ 4-108. False statements of material facts-Punishment
Any person who shall knowingly make any false statement of a material fact,
either in his application for the certificate of title herein provided for, or in any
assignment thereof, or who, with intent to procure or pass title to a motor
vehicle which he knows, or has reason to believe, has been stolen, shall receive
or transfer possession of the same from or to another, or who shall have in his
possession any motor vehicle which he knows or has reason to believe has been
stolen, and who is not an officer of the law engaged at the time in the
performance of his duty as such officer, shall be deemed guilty of a felony
punishable by imprisonment for a term not more than three (3) years, or by a
fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both said
imprisonment and fine. This provision shall not be exclusive of any other
penalties prescribed by an existing or future law for the larceny or unauthorized
taking of a motor vehicle.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 4-109. Altering or forging certificate of title
Any person who shall alter or forge, or cause to be altered or forged, any
certificate of title issued by the Commission, pursuant to the provisions of this
act, or any assignment thereof, or who shall hold or use any such certificate or
assignment, knowing the same to have been altered or forged, shall be deemed
guilty of a felony punishable by imprisonment for a term not more than three
(3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or
by both said imprisonment and fine.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 4-110. Offenses in connection with certificates of title
A. Except as otherwise authorized by law, it shall be unlawful for any
person to commit any of the following acts:
1. To lend or to sell to, or knowingly permit the use of by, one not entitled
thereto any certificate of title or number plate issued to or in the custody of
the person so lending or permitting the use thereof;
2. To alter or in any manner change a certificate of title, registration
certificate or number plate issued under the laws of this Nation or any
state;
3. To purchase identification or number plates on an assigned certificate
of title. This paragraph shall be applicable to all persons except bona fide
registered dealers in used motor vehicles who are holders of current and
valid used motor vehicle dealers’ licenses;
4. To sell or dispose of, in any manner, a used vehicle without delivering
to the purchaser an Oklahoma certificate of title in such purchaser’s name
or one properly and completely assigned to him at the time of sale.
Anyone violating any of the provisions of this subsection, upon conviction, shall
be guilty of a misdemeanor and shall be fined not less than Ten Dollars ($10.00)
and not to exceed One Hundred Dollars ($100.00).
B. Except as otherwise authorized by law, no person shall:
1. Lend or sell to, or knowingly permit the use of by, one not entitled
thereto any certificate of title issued for a manufactured home, manufactured
home registration receipt, manufactured home registration decal or
excise tax receipt;
2. Alter or in any manner change a certificate of title issued for a
manufactured home under the laws of this Nation or any state;
3. Remove or alter a manufactured home registration receipt, manufactured
home registration decal or excise tax receipt attached to a certificate
of title or attach such receipts to a certificate of title with the intent to
misrepresent the payment of the required excise tax and registration fees;
4. Purchase identification, manufactured home registration receipt, manufactured
home registration decal or excise tax receipt on an assigned
certificate of title.
Anyone violating the provisions of this subsection, upon conviction, shall be
guilty of a felony punishable by imprisonment for a term not more than three
(3) years, or by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or
by both said imprisonment and fine.
C. Any violation of any portion of this section where a specific penalty has
not been imposed shall constitute a misdemeanor and upon conviction thereof
the person having violated it shall be fined not less than Ten Dollars ($10.00)
and not to exceed One Hundred Dollars ($100.00).
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
CHAPTER 10
ACCIDENTS AND ACCIDENT REPORTS
Section
10-101. Provisions of chapter apply throughout Cherokee Nation
10-102. Accidents involving nonfatal injury
10-102.1. Accidents involving death
10-103. Accidents involving damage to vehicle
10-104. Duty to give information and render aid-Drug and alcohol testing
10-105. Duty upon striking unattended vehicle
10-106. Duty upon striking fixtures upon a highway
10-107. Immediate notice of accident
10-108. Written report of accident-Notice to other parties-Ancillary proceedings
10-109. Form of report
10-110. Additional information
10-111. When driver unable to report
10-112. False reports
10-113. Accident report forms
10-114. Penalty for failure to report
10-115. Public inspection of reports relating to collisions
10-116. Reserved
10-117. Reserved
10-118. Accident response fee prohibited
§ 10-101. Provisions of chapter apply throughout Cherokee Nation
The provisions of this chapter shall apply upon highways and elsewhere
throughout Cherokee Nation.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-102. Accidents involving nonfatal injury
A. The driver of any vehicle involved in an accident resulting in a nonfatal
injury to any person shall immediately stop such vehicle at the scene of such
accident or as close thereto as possible but shall then forthwith return to and in
every event shall remain at the scene of the accident until he has fulfilled the
requirements of 47 CNCA § 10-104. Every such stop shall be made without
obstructing traffic more than is necessary.
B. Any person willfully, maliciously, or feloniously failing to stop, or to
comply with said requirements under such circumstances, shall be guilty of a
felony punishable by imprisonment for a term not more than three (3) years, or
by a fine not to exceed Fifteen Thousand Dollars ($15,000.00), or by both said
imprisonment and fine.
C. The Commissioner of Public Safety shall revoke the license or permit to
drive and any nonresident operating privilege of the person so convicted.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-102.1. Accidents involving death
A. The driver of any vehicle involved in an accident resulting in the death of
any person shall immediately stop such vehicle at the scene of such accident or
as close thereto as possible but shall then forthwith return to and in every event
shall remain at the scene of the accident until he has fulfilled the requirements
of Section 10-104 of this title. Every such stop shall be made without
obstructing traffic more than is necessary.
B. Any person willfully, maliciously, or feloniously failing to stop to avoid
detection or prosecution, or to comply with said requirements under such
circumstances, shall upon conviction be guilty of a felony punishable by
imprisonment for a term not more than three (3) years, or by a fine not to
exceed Fifteen Thousand Dollars ($15,000.00), or by both said imprisonment
and fine.
C. The Commissioner of Public Safety shall revoke the license or permit to
drive and any nonresident operating privilege of the person so convicted.
LA 02-21, eff. Feb. 18, 2021.
§ 10-103. Accidents involving damage to vehicle
The driver of any vehicle involved in an accident resulting only in damage to a
vehicle which is driven or attended by any person shall immediately stop such
vehicle at the scene of such accident or as close thereto as possible but shall
forthwith return to and in every event shall remain at the scene of such
accident until he has fulfilled the requirements of 47 CNCA § 10-104. Every
such stop shall be made without obstructing traffic more than is necessary.
Any person failing to stop or comply with said requirements under such
circumstances shall be guilty of a misdemeanor punishable by imprisonment
for a term not more than one (1) year, or by a fine not to exceed Five Thousand
Dollars ($5,000.00), or by both said imprisonment and fine. In addition to the
criminal penalties imposed by this section, any person violating the provisions
of this section shall be subject to liability for damages in an amount equal to
three (3) times the value of the damage caused by the accident. Said damages
shall be recoverable in a civil action. Nothing in this section shall prevent a
Judge from ordering restitution for any damage caused by a driver involved in
an accident provided for in this section.
LA 2-91, eff. February 9, 1991; LA 30-20, eff. Dec. 16, 2020; LA 02-21, eff. Feb. 18,
2021.
Historical and Statutory Notes
LA 30-20, Section 2, provides:
Section 2. Purpose
The purpose of this Act is to expand the
current duty to give information during a motor
vehicle accident to include information regarding
drug and alcohol testing.
§ 10-104. Duty to give information and render aid-Drug and alcohol
testing
A. The driver of any vehicle involved in an accident resulting in injury to or
death of any person or damage to any vehicle which is driven or attended by
any person shall give his correct name, address and registration number of the
vehicle he is driving, and shall upon request exhibit his driver license and his
security verification form, as defined in 47 O.S. § 7-600, to the person struck
or the driver or occupant of or person attending any vehicle collided with, and
shall render to any person injured in such accident reasonable assistance,
including the carrying, or the making of arrangements for the carrying, of such
person to a physician, surgeon or hospital for medical or surgical treatment if it
is apparent that such treatment is necessary or if such carrying is requested by
the injured person. Any driver who provides information required by this
section which is intentionally inaccurate shall be subject to the provisions of
Section 10-103 of this title.
B. Any driver of any vehicle involved in an accident who could be cited for
any traffic offense where said accident resulted in the immediate death or great
bodily injury, as defined in subsection B of Section 646 of Title 21 of the
Cherokee Nation Code Annotated, of any person shall submit to drug and
alcohol testing as soon as practicable after such accident occurs. The traffic
offense violation shall constitute probable cause for purposes of Section 752 of
this title and the procedures found in Section 752 of this title shall be followed
to determine the presence of alcohol or controlled dangerous substances within
the driver’s blood system.
LA 2-91, eff. February 9, 1991; LA 30-20, eff. Dec. 16, 2020; LA 02-21, eff. Feb. 18,
2021.
Historical and Statutory Notes
LA 30-20, Section 2, provides:
Section 2. Purpose
The purpose of this Act is to expand the
current duty to give information during a motor
vehicle accident to include information regarding
drug and alcohol testing.
§ 10-105. Duty upon striking unattended vehicle
The driver of any vehicle which collides with any vehicle which is unattended
shall immediately stop and shall then and there either locate and notify the
operator or owner of such vehicle of the correct name and address of the driver
and owner of the vehicle striking the unattended vehicle, and provide said
operator or owner with information from his security verification form, as
defined by 47 O.S. § 7-600, or shall leave in a conspicuous place in the vehicle
struck a written notice giving the name and address of the driver and of the
owner of the vehicle doing the striking, and providing information from his
security verification form, as defined by 47 O.S. § 7-600, and a statement of the
circumstances thereof.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-106. Duty upon striking fixtures upon a highway
The driver of any vehicle involved in an accident resulting only in damage to
fixtures or other property legally upon or adjacent to a highway shall take
reasonable steps to locate and notify the owner or person in charge of such
property of such fact and of the driver’s name and address and of the
registration number of the vehicle he is driving and shall upon request exhibit a
driver license and security verification form, as defined in 47 O.S. § 7-600, and
shall make report of such accident when and as required in 47 CNCA § 10-108.
Any person failing to stop or comply with said requirements under such
circumstances shall, upon conviction, be guilty of a misdemeanor punishable by
imprisonment for a term not more than one (1) year, or by a fine not to exceed
Five Thousand Dollars ($5,000.00), or by both said imprisonment and fine.
Nothing in this section shall prevent a judge from ordering restitution for any
damage caused by a driver involved in an accident provided for in this section.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-107. Immediate notice of accident
The driver of a vehicle involved in an accident resulting in injury to or death of
any person shall immediately, by the quickest means of communication, give
notice of such accident to the local law enforcement department, or to the
office of the county sheriff or the nearest office of the State Highway Patrol
after complying with the requirements of 47 CNCA § 10-104.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-108. Written report of accident-Notice to other parties-Ancillary
proceedings
Except for collisions occurring on private property, the operator of a motor
vehicle which is in any manner involved in a collision upon any road, street,
highway or elsewhere within this Nation resulting in bodily injury to or death
of any person or in which it is apparent that damage to one vehicle or other
property is in excess of Three Hundred Dollars ($300.00) shall forward a
written report of such collision to the Department if settlement of the collision
has not been made within six (6) months after the date of the accident and
provided that if a settlement has been made a report of such settlement must be
made by the parties.
A. Notwithstanding the provisions of 47 O.S. § 7-202, if any party involved
in a collision files a report under this section, the Department shall notify all
other parties involved in the collision, as specified in the report, that a report
has been filed and all other parties shall then furnish the Department, within
ten (10) days, such information as the Department may request to determine
whether the parties were in compliance with the requirements of 47 O.S.
§ 7-601 through 7-607 at the time of the collision. Upon a finding that an
owner or driver was not in compliance with 47 O.S. § 7-601 through 7-607,
the Department shall then commence proceedings under the provisions of 47
O.S. § 7-201 and § 7-308 through7-335 of this title.1
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
1 So in original. No subsection (B) appears in the text of the legislation.
§ 10-109. Form of report
A. The form of the report required by this section shall be prescribed by the
Commissioner, and the Commissioner may cause to be prepared such blanks
and shall make such blanks available to the motoring public by leaving a supply
with marshals, sheriffs, chiefs of police, justices of the peace, judges of the
district court and other officials as the Commissioner may deem advisable.
B. Such report, in addition to such other information as may be prescribed
by the Commissioner, shall contain information to enable the Commissioner to
determine whether the requirements for the deposit of security under 47 O.S.
§ 7-202 are inapplicable by reason of the existence of insurance or other
exceptions specified in this act, and shall be accompanied by a copy of an
estimate made by some motor vehicle agency or established garage as to the
cost of repairing the vehicle of which the person making the report was the
operator or owner, which report shall be signed by an authorized representative
of such agency or garage.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-110. Additional information
The Department may require any driver of a vehicle involved in an accident of
which report must be made as provided in this section to file supplemental
reports whenever the original report is insufficient in the opinion of the
Department.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-111. When driver unable to report
A. An accident report is not required under this chapter from any person
who is physically incapable of making report during the period of such
incapacity.
B. Whenever the driver of a vehicle is physically incapable of giving an
immediate notice of an accident as required in 47 CNCA § 10-107 and there
was another occupant in the vehicle at the time of the accident capable of doing
so, such occupant shall make or cause to be given the notice not given by the
driver.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-112. False reports
Any person who gives information in reports as required in 47 CNCA § 10-108,
10-110 or 10-111 knowing or having reason to believe that such information is
false shall be fined not more than Five Hundred Dollars ($500.00) or imprisoned
for not more than one (1) year, or both.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-113. Accident report forms
A. The Department may prepare and upon request supply to marshals,
police departments, coroners, sheriffs, garages and other suitable agencies or
individuals forms for accident reports required hereunder, appropriate with
respect to the persons required to make such reports and the purposes to be
served. The written reports to be made by persons involved in accidents and
by investigating officers shall call for sufficiently detailed information to disclose
with reference to a traffic accident the cause, conditions then existing and
the persons and vehicles involved.
B. Every accident report required to be made in writing shall be made on
the appropriate form approved by the Department and shall contain all of the
information required therein unless not available.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-114. Penalty for failure to report
The Commissioner of Public Safety may suspend the license or permit to drive
and any nonresident operating privileges of any person failing to report an
accident as herein provided until such report has been filed, and the Commissioner
may extend such suspension not to exceed thirty (30) days. Any person
convicted of failing to make a report as required herein shall be punished as
provided in 47 CNCA § 17-101.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-115. Public inspection of reports relating to collisions
A. All collision reports made by persons involved in collisions shall be
without prejudice to the individual so reporting and shall be for the confidential
use of the Department or other state or tribal agencies having use for the
records for collision prevention purposes, or for the administration of the laws
of this Nation relating to the deposit of security and proof of financial responsibility
by persons driving or the owners of motor vehicles, except that the
Department may disclose the identity of a person involved in an accident when
such identity is not otherwise known or when such person denies his presence
at such collision.
B. All collision reports and supplemental information filed in connection
with the administration of the laws of this Nation relating to the deposit of
security or proof of financial responsibility shall be confidential and not open to
general public inspection, nor shall copying of lists of such reports be permitted,
except, however, that such reports and supplemental information may be
examined by, or the Department may provide a copy to, any person named
therein, a representative of the person as designated in writing by the person,
or as provided in Section 40-102 of the Oklahoma statutes.
C. No reports or information mentioned in this section shall be used as
evidence in any trial, civil or criminal, arising out of an collision, except that
the Department shall furnish upon demand of any party to such trial, or upon
demand of any court, a certificate showing that a specified accident report has
or has not been made to the Department in compliance with law.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 10-116. Reserved
§ 10-117. Reserved
§ 10-118. Accident response fee prohibited
A. Notwithstanding any other section of law to the contrary, no person or
entity shall impose an accident response fee for the response or investigation of
a motor vehicle accident by law enforcement.
B. For purposes of this section, ‘‘accident response fee’’ means a fee imposed
for the response or investigation of a motor vehicle accident and does not mean
any fee otherwise specifically authorized by law.
LA 02-21, eff. Feb. 18, 2021.
CHAPTER 11
RULES OF THE ROAD
ARTICLE I. OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
Section
11-101. Provisions of chapter refer to vehicles upon the highways-Exceptions
11-102. Required obedience to traffic laws
11-103. Obedience to police officers
11-104. Persons riding animals or driving animal-drawn vehicles
11-105. Persons working on highways-Exceptions
11-106. Authorized emergency vehicles
11-107. Military convoys exempt from municipal traffic regulation-Right-of-way-
Exceptions
ARTICLE II. TRAFFIC SIGNS, SIGNALS AND MARKINGS
11-201. Obedience to and required traffic-control devices
11-202. Traffic-control signal legend
11-203. Pedestrian-control signals
11-204. Flashing signals
11-204.1. Lane use control signals
11-205. Pedestrian-actuated school crossing signals
11-206. Display of unauthorized signs, signals or markings
11-207. Interference with official traffic-control devices or railroad signs or signals
11-208. Traffic signal preemption device-Possession, use, interference with, or sale
ARTICLE III. DRIVING ON RIGHT SIDE OF ROADWAY-
OVERTAKING AND PASSING, ETC.
11-301. Driving on right side of roadway-Exceptions
11-302. Passing vehicles proceeding in opposite directions
11-303. Overtaking a vehicle on the left-Signal
11-304. When overtaking on the right is permitted
11-305. Limitations on overtaking on the left
11-306. Further limitations on driving to left of center of roadway
11-307. No-passing zones
11-308. One-way roadways and rotary traffic island
11-308A. Repealed
11-309. Driving on roadways laned for traffic
11-310. Following too closely
11-311. Driving on divided highways
11-312. Restricted access
11-313. Restrictions on use of controlled-access roadway
11-314. Approaching stationary authorized vehicles on the roadway
11-315. Driving between vehicles in funeral procession prohibited
11-315.1. Overtaking a vehicle being used in the collection of refuse, solid waste or
recyclables
ARTICLE IV. RIGHT-OF-WAY
11-401. Vehicle approaching or entering intersection
11-402. Vehicle turning left at intersection
11-403. Vehicle entering stop or yield intersection
11-403.1. Failure to yield causing fatality or serious bodily injury-Assessment of fee
11-404. Vehicle entering highway from private road or driveway
11-405. Operation of vehicles on approach of authorized emergency vehicles
11-406. Farm tractors or implements-Operation on highways-Permission from
Department required-Wide vehicles-Duty of operator-Yield of right-of way
ARTICLE V. PEDESTRIANS’ RIGHTS AND DUTIES
11-501. Pedestrians subject to traffic regulations
11-501.1. Rights and duties of persons operating wheelchair or motorized wheelchair
11-502. Pedestrians’ right-of-way in crosswalks
11-503. Crossing at other than crosswalks
11-504. Drivers to exercise due care
11-505. Pedestrians to use right half of crosswalks
11-506. Pedestrians on roadways or bridges
11-507. Pedestrians soliciting rides or business
ARTICLE VI. TURNING AND STARTING AND
SIGNALS ON STOPPING AND TURNING
11-601. Required position and method of turning at intersections
11-602. Turning on curve or crest of grade prohibited
11-603. Starting parked vehicle
11-604. Turning movements and required signals
11-605. Signals by hand and arm or signal lamps
11-606. Method of giving hand-and-arm signals
ARTICLE VII. SPECIAL STOPS REQUIRED
11-701. Obedience to signal indicating approach of train
11-702. Commercial motor vehicles and buses-Railroad crossing
11-703. Stop signs and yield signs
11-704. Emerging from alley, driveway or building
11-705. Meeting or overtaking stopped school bus-Violation and penalty-Reporting
violations-Video monitoring on buses
11-705.1. Church buses-Definition-Meeting and overtaking stopped bus-Signs and
signals
ARTICLE VIII. SPEED RESTRICTIONS
11-801. Basic rule and maximum limits
11-801A. Reserved
11-801B. Reserved
11-801C. Reserved
11-801D. Reserved
11-801e. Speeding violations-Collection of fines, fees, and costs
11-802. Establishment of tribal speed zones
11-803. When local authorities may and shall alter maximum limits
11-804. Minimum speed regulation
11-805. Special speed limitation on motor-driven cycles
11-805.1. Low-speed electrical vehicles-Restrictions on operation
11-805.2. Reserved
11-805.3. Electric personal assistive mobility devices-Registration-Operation requirements-
Warning notice
11-805.4. Electric gopeds
11-806. Special speed limitations
11-806.1. Reduced speed limit at certain times in school zone
11-806.2. Reduced speed limit in toll booth zone
11-807. Charging violations and rule in civil actions
11-808. Jammers and speed measuring devices-Use, possession, manufacture, sale
or distribution prohibited-Exemption
11-808.1. Unlawful acts-Radar detectors
11-809. Exemptions
11-810. Points-Convictions for speeding-Holders of commercial driver licenses
ARTICLE IX. RECKLESS DRIVING, DRIVING WHILE
INTOXICATED AND NEGLIGENT HOMICIDE
11-901. Reckless driving
11-901a. Reserved
11-901b. Full time and attention to driving
11-901c. Unlawful use of a cellular telephone
11-901d. Text messaging-Penalties
11-902. Persons under the influence of alcohol or other intoxicating substance or
combination thereof
11-902a. Allowing use of motor vehicle without ignition interlock device-Disabling
or disconnecting device
11-902b. [Reserved]
11-902c. Reserved
11-902d. Impaired driver database
11-902.1. Course for drinking drivers
11-902.2. Sentence and punishment-Conditional participation in alcohol and drug
substance abuse course or program
11-902.3. Authorized course providers-Fees-Course requirements
11-902.4. Operating or being in actual physical control of motor vehicle while under
the influence while under age-Penalties
11-903. Negligent homicide
11-904. Person involved in personal injury accident while under influence of alcohol
or other intoxicating substance-Causing great bodily injury
11-905. Person involved in personal injury accident without a valid driver license-
Causing great bodily injury-Causing death
11-906.1. Reserved
11-906.2. Reserved
11-906.3. Reserved
11-906.4. Operating or being in actual physical control of motor vehicle while under
the influence while under age-Penalties
ARTICLE X. STOPPING, STANDING AND PARKING
11-1001. Stopping, standing or parking outside of business or residence districts
11-1002. Officers authorized to remove illegally stopped vehicle
11-1003. Stopping, standing or parking prohibited in specified places
11-1004. Additional parking regulations
11-1005. Authorized emergency vehicles; vehicles used in construction or
maintenance of highways-Excepted from certain provisions
11-1006. Parking of vehicles on posted private property-Penalty-Liability of
landowner
11-1007. Placing or parking vehicle in parking space designated and posted for
physically-disabled persons-Penalties-Reciprocity agreements
11-1008. Power of Cherokee Nation Marshal’s Office to enforce act
11-1009-1011. Reserved
11-1012. Parking meters-Exemption
ARTICLE XI. MISCELLANEOUS RULES
11-1101. Unattended motor vehicle
11-1102. Limitations on backing
11-1103. Motorcycles, motor-drive cycles, motorized scooters, or motorized bicycles-
Restrictions on transporting any other person
11-1104. Obstruction to driver’s view or control-Overloading school bus
11-1105. Opening and closing vehicle doors
11-1106. Driving on mountain highways
11-1107. Coasting prohibited
11-1108. Following fire apparatus and other emergency vehicles prohibited
11-1109. Crossing fire hose
11-1110. Putting glass, etc., on highway prohibited
11-1111. Throwing or dropping object on or at moving vehicles
11-1112. Child passenger restraint system required for certain vehicles-Exemptions
11-1114. Allowing passenger to ride outside of compartment
11-1115. Railroad crossings
11-1116. Self-propelled or motor-driven and operated vehicles-Golf carts, all-terrain,
and utility vehicles-Operation on streets, highways, and roadways within
unincorporated areas
11-1117. All-terrain vehicle passenger restrictions-Penalties and enforcement-Liability
of parents or vehicle owners-Applicability
11-1118. Reserved
11-1119. Definitions-Unattended child or vulnerable adult in motor vehicle prohibited-
Exception-Penalty
11-1120. Removing a child from a vehicle-Immunity
ARTICLE XII. OPERATION OF BICYCLES AND PLAY VEHICLES
11-1201. Effect of regulations
11-1202. Traffic laws apply to persons riding bicycles
11-1203. Riding on bicycle
11-1204. Clinging to vehicles
11-1205. Riding on roadways and bicycle paths
11-1206. Carrying articles
11-1207. Reserved
11-1208. Overtaking and passing bicycle-Violations-Fines and penalties
11-1209. Electric assisted bicycles and operators-Rights and restrictions-Label requirements
ARTICLE XIII. MAINTENANCE, CONSTRUCTION AND SAFETY ZONES
11-1301. Driving through safety zones prohibited
11-1302. Maintenance and construction zones
11-1303. Endangerment of a highway worker
ARTICLE I
OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS
§ 11-101. Provisions of chapter refer to vehicles upon the highways-
Exceptions
The provisions of this chapter relating to the operation of vehicles refer
exclusively to the operation of vehicles upon the highways except:
1. Where a different place is specifically referred to in a given section.
2. The provisions of Chapter 10 of this title and Article IX of this chapter
shall apply upon highways, turnpikes and public parking lots throughout
the Nation.
3. Unless otherwise provided for by law, the general provisions of this
title regulating traffic on public highways shall apply on turnpikes.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-102. Required obedience to traffic laws
It is unlawful and, unless otherwise declared in this chapter with respect to
particular offenses, it is a misdemeanor for any person to do any act forbidden
or fail to perform any act required in this chapter.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-103. Obedience to police officers
No person shall willfully fail or refuse to comply with any lawful order or
direction of any police officer invested by law with authority to direct, control
or regulate traffic.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-104. Persons riding animals or driving animal-drawn vehicles
Every person riding an animal or driving any animal-driven vehicle upon a
roadway shall be granted all of the rights and shall be subject to all of the duties
applicable to the driver of a vehicle by this chapter, except those provisions of
this chapter which by their very nature can have no application.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-105. Persons working on highways-Exceptions
Unless specifically made applicable, the provisions of this chapter except those
contained in Article IX hereof shall not apply to persons, teams, motor vehicles
and other equipment, while actually engaged in work upon the surface of a
highway, or to persons, motor vehicles and other equipment while actually
engaged in construction, maintenance or repair of public utilities provided that
all highway and public utility operations shall be protected by adequate
warning signs, signals, devices or flagmen, but the provisions of this chapter
shall apply to such persons and vehicles when traveling to or from such work.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-106. Authorized emergency vehicles
A. The driver of an authorized emergency vehicle, when responding to an
emergency call or when in the pursuit of an actual or suspected violator of the
law or when responding to but not upon returning from a fire alarm, may
exercise the privilege set forth in this section, but subject to the conditions
herein stated.
B. The driver of an authorized emergency vehicle may:
1. Park, or stand, irrespective of the provisions of this chapter;
2. Proceed past a red or stop signal or stop sign, but only after slowing
down as may be necessary for safe operation;
3. Exceed the maximum speed limits so long as speeding does not
endanger life or property;
4. Disregard regulations governing direction of movement; and
5. Disregard regulations governing turning in specified directions.
C. The exemptions herein granted to the driver of an authorized emergency
vehicle shall apply only when the driver is properly and lawfully making use of
an audible signal or of flashing red or blue lights or a combination of flashing
red and blue lights meeting the requirements of 47 CNCA § 12-218, except that
an authorized emergency vehicle operated as a police vehicle need not be
equipped with or display a red or blue light visible from in front of the vehicle.
This subsection shall not be construed as requiring a peace officer operating a
police vehicle properly and lawfully in response to a crime in progress to use
audible signals.
D. The exemptions in paragraphs 3 and 5 of subsection B of this section
shall be granted to a law enforcement officer operating an authorized emergency
vehicle for law enforcement purposes without using audible and visual
signals required by this section as long as the action does not endanger life or
property if the officer is following a suspected violator of the law with probable
cause to believe that:
1. Knowledge of the presence of the officer will cause the suspect to:
a. destroy or lose evidence of a suspected felony,
b. end a suspected continuing felony before the officer has obtained
sufficient evidence to establish grounds for arrest, or
c. evade apprehension or identification of the suspect or the vehicle
of the suspect; or
2. Because of traffic conditions, vehicles moving in response to the
audible or visual signals may increase the potential for a collision.
The exceptions granted in this subsection shall not apply to an officer who is
in actual pursuit of a person who is eluding or attempting to elude the officer in
violation of Section 540A of Title 21 of the Cherokee Nation Code Annotated.
E. The provisions of this section shall not relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety of all
persons, nor shall such provisions protect the driver from the consequences of
reckless disregard for the safety of others.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-107. Military convoys exempt from municipal traffic regulation-
Right-of-way-Exceptions
The military forces of the United States and organizations of the National
Guard, performing any military duty, shall not be restricted by municipal traffic
regulations, and shall have the right-of-way on any street or highway through
which they may pass against all, except carriers of the United States mail, fire
engines, ambulances and police vehicles in the necessary discharge of their
respective duties. Said mounted military moving in convoy shall have lights
burning, with lead and trail vehicles prominently marked, and shall travel,
while inside the corporate limits of a city or town, in compliance with such
speeds as are legally posted within the corporate limits of the city or town and
shall maintain a closed interval of not more than seventy-five (75) feet.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
ARTICLE II
TRAFFIC SIGNS, SIGNALS AND MARKINGS
§ 11-201. Obedience to and required traffic-control devices
A. The driver of any vehicle shall obey the instructions of any official traffic control
device applicable thereto placed in accordance with the provisions of
this act, unless otherwise directed by a traffic or police officer, subject to the
exceptions granted the driver of an authorized emergency vehicle in this act.
B. No provision of this act for which signs are required shall be enforced
against an alleged violator if at the time and place of the alleged violation an
official sign is not in proper position and sufficiently legible to be seen by an
ordinarily observant person. Whenever a particular section does not state that
signs are required, such section shall be effective even though no signs are
erected or in place.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-202. Traffic-control signal legend
Whenever traffic is controlled by traffic-control signals exhibiting different
colored lights or colored lighted arrows successively one at a time, or in
combination, only the colors green, red and yellow shall be used, except for
special pedestrian signals carrying a word legend, and said lights shall indicate
and apply to drivers of vehicles and pedestrians as follows:
1. Green indication:
a. Vehicular traffic facing a circular green signal, except when prohibited
under 47 CNCA § 11-1302, may proceed straight through or
turn right or left unless a sign at such place prohibits either such turn.
But vehicular traffic, including vehicles turning right or left, shall yield
the right-of-way to other vehicles and to pedestrians lawfully within the
intersection or an adjacent crosswalk at the time such signal is exhibited.
b. Vehicular traffic facing a green arrow signal, shown alone or in
combination with another indication, may cautiously enter the intersection
only to make the movement indicated by such arrow, or such
other movement as is permitted by other indications shown at the
same time. Such vehicular traffic shall yield the right-of-way to
pedestrians lawfully within an adjacent crosswalk and to other traffic
lawfully using the intersection.
c. Unless otherwise directed by a pedestrian-control signal, as provided
in 47 CNCA § 11-203, pedestrians facing any green signal except
when the sole green signal is a turn arrow, may proceed across the
roadway within any marked or unmarked crosswalk.
2. Steady yellow indication:
a. Vehicular traffic facing a steady circular yellow or yellow arrow
signal is thereby warned that the related green movement is being
terminated or that a red indication will be exhibited immediately
thereafter.
b. Pedestrians facing a steady circular yellow or yellow arrow signal,
unless otherwise directed by a pedestrian-control signal as provided in
47 CNCA § 11-203, are thereby advised that there is insufficient time
to cross the roadway before a red indication is shown, and no pedestrian
shall then start to cross the roadway.
3. Steady red indication:
a. Vehicular traffic facing a steady circular red signal alone shall stop
at a clearly-marked stop line, but if none, before entering the crosswalk
on the near side of the intersection or, if none, then before entering the
intersection and shall remain standing until an indication to proceed is
shown except as provided in subparagraphs b and d of this paragraph.
b. Except when a sign is in place prohibiting a turn, vehicular traffic
facing any steady red signal may cautiously enter the intersection to
turn right or to turn left from a one-way street into a one-way street
after stopping as required by subparagraph a of this paragraph. Such
vehicular traffic shall yield the right-of-way to pedestrians lawfully
within an adjacent crosswalk and to other traffic lawfully using the
intersection.
c. In order to prohibit right turns or left turns as prescribed in
subparagraph b of this paragraph on the red signal after the required
stop, a municipality must erect clear, concise signs informing drivers
that such turns are prohibited. The Highway Department shall specify
the design of the sign to be used for this purpose, and it shall be used
uniformly throughout the state.
d. Notwithstanding any other provision of law, the driver of a motorcycle
or bicycle facing any steady red signal may cautiously proceed
through the intersection only if:
1. the motorcycle or bicycle has been brought to a complete stop
as required by subparagraph a of this paragraph,
2. the traffic control signal is programmed or engineered to
change to a green signal only after detecting the approach of a
motor vehicle and has failed to detect the arrival of the motorcycle
or bicycle because of its size or weight, and
3. no motor vehicle or person is approaching on the roadway to
be crossed or entered, or the motor vehicle or person is at a
distance from the intersection that does not constitute an immediate
hazard.
The driver of any vehicle approaching the intersection, which lawfully
may enter the intersection, shall have the right-of-way over any motorcycle
or bicycle operator proceeding through a red light and, in no
event where an accident results from the driver of the motorcycle or
bicycle proceeding into the intersection on a red light, shall such driver
of the vehicle be charged with any violation pursuant to Sections
11-401 and 11-403 of this title relating to failure to yield right-of-way,
Section 11-310 of this title relating to following too closely, or Section
11-801 of this title relating to driving too fast for conditions, and
e. Unless otherwise directed by a pedestrian-control signal as provided
in 47 CNCA § 11-203, pedestrians facing a steady circular red
signal alone shall not enter the roadway.
In the event an official traffic-control signal is erected and maintained at a
place other than an intersection, the provisions of this section shall be applicable
except as to those provisions which by their nature can have no application.
indicating where the stop shall be made, but in the absence of any such sign or
marking the stop shall be made at the signal.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-203. Pedestrian-control signals
Whenever special pedestrian-control signals exhibiting the words ‘‘Walk’’ or
‘‘Wait’’ or ‘‘Don’t Walk’’ are in place, such signals shall indicate as follows:
1. Walk. Pedestrians facing such signal may proceed across the roadway
in the direction of the signal and shall be given the right-of-way in the
direction of the signal by the drivers of all vehicles.
2. Wait or Don’t Walk. No pedestrian shall start to cross the roadway in
the direction of such signal, but any pedestrian who has partially completed
his crossing on the walk signal shall proceed to a sidewalk or safety
island while the wait signal is showing.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-204. Flashing signals
A. Whenever an illuminated red or yellow signal is used in a traffic sign or
signal it shall require obedience by vehicular traffic as follows:
1. Flashing red (stop signal). When a red lens is illuminated with rapid
intermittent flashes, drivers of vehicles shall stop before entering the
nearest crosswalk at an intersection or at a limit line when marked, or, if
none, then before entering the intersection, and the right to proceed shall
be subject to the requirements of laws applicable after making a stop at a
stop sign.
2. Flashing yellow (caution signal). When a yellow lens is illuminated
with rapid intermittent flashes, drivers of vehicles may proceed through the
intersection or past such signal only with caution.
B. This section shall not apply at railroad grade crossings. Conduct of
drivers of vehicles approaching railroad grade crossings shall be governed by
the rules as set forth in 47 CNCA § 11-701.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-204.1. Lane use control signals
When lane use control signals are placed over individual lanes, said signals
shall indicate and apply to drivers of vehicles as follows:
1. Green indication-Vehicular traffic may travel in any lane over which a
green signal is shown;
2. Steady yellow indication-Vehicular traffic is thereby warned that a
lane control change is being made;
3. Steady red indication-Vehicular traffic shall not enter or travel in any
lane over which a red signal is shown; and
4. Flashing yellow indication-Vehicular traffic may use the lane only for
the purpose of approaching and making a left turn.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-205. Pedestrian-actuated school crossing signals
Whenever a pedestrian-actuated school crossing signal is provided, it shall
require obedience by vehicular traffic and pedestrians in accordance with 47
CNCA §§ 11-202 and 11-203.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-206. Display of unauthorized signs, signals or markings
A. No person shall place, maintain or display upon or in view of any
highway any unauthorized sign, signal, marking or device which purports to be
or is an imitation of or resembles an official traffic-control device or railroad
sign or signal, or which attempts to direct the movement of traffic, or which
projects any flashing or revolving beams of light, or which hides from view or
interferes with the effectiveness of any official traffic-control device or any
railroad sign or signal, and no person shall place or maintain nor shall any
public authority permit upon any street or highway any traffic sign or signal
bearing thereon any commercial advertising; provided, however, that the
governing board of any city or town may permit, under such conditions as the
said board may deem proper, commercial or other advertising upon any traffic
sign located on streets or highways within said city or town and not designated
as either state or federal highways or extensions thereof.
B. This section shall not be deemed to prohibit the erection upon private
property adjacent to highways of signs giving useful directional information
and of a type that cannot be mistaken for official signs.
C. Every such prohibited sign, signal or marking is hereby declared to be a
public nuisance and the authority having jurisdiction over the highway is
hereby empowered to remove the same or cause it to be removed without
notice.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-207. Interference with official traffic-control devices or railroad signs
or signals
A. No person shall, without lawful authority, attempt to or in fact alter,
deface, injure, knock down or remove any official traffic-control device, including
any nine-one-one (911) emergency telephone service route markers, or any
railroad sign or signal or any inscription, shield or insignia thereon, or any
other part thereof.
B. If a violation of subsection A of this section results in personal injury to
or death of any person, the person committing the violation shall, upon
conviction, be guilty of a felony punishable by imprisonment in the custody of
the Department of Corrections for not more than two (2) years, or by a fine of
not more than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-208. Traffic signal preemption device-Possession, use, interference
with, or sale
A. As used in this section, the term ‘‘traffic signal preemption device’’ shall
mean a device designed for use by authorized emergency vehicles to improve
traffic movement by temporarily controlling signalized intersections.
B. It shall be unlawful for a person to possess, use, or interfere with a traffic
signal preemption device unless:
1. The person is the operator of an authorized emergency vehicle upon
which the device is installed; and
2. The person is responding to an existing or potential emergency and
there is a threat of immediate danger to life or property which reasonably
requires the use of the device in order to protect the life, safety, health, or
property of another person.
C. It shall be unlawful to advertise, offer for sale, sell, or otherwise distribute
any traffic signal preemption device to any individual person in this state.
Advertising, offering for sale, selling, and distribution of these devices shall be
limited to trade publications and companies whose target market is law
enforcement agencies, fire departments, and ambulance service providers of
this state or its political subdivisions.
LA 02-21, eff. Feb. 18, 2021.
ARTICLE III
DRIVING ON RIGHT SIDE OF ROADWAY-
OVERTAKING AND PASSING, ETC.
§ 11-301. Driving on right side of roadway-Exceptions
A. Upon all roadways of sufficient width a vehicle shall be driven upon the
right half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in the same
direction under the rules governing such movement;
2. When an obstruction exists making it necessary to drive to the left of
the center of the highway; provided, any person so doing shall yield the
right-of-way to all vehicles traveling in the proper direction upon the
unobstructed portion of the highway within such distance as to constitute
an immediate hazard;
3. Upon a roadway divided into three marked lanes for traffic under the
rules applicable thereon;
4. Upon a roadway restricted to one-way traffic; or
5. Upon a roadway having four or more lanes for moving traffic and
providing for two-way movement of traffic.
B. Upon all roadways any vehicle proceeding at less than the normal speed
of traffic at the time and place and under the conditions then existing shall be
driven in the right-hand lane when available for traffic, or as close as practicable
to the right-hand curb or edge of the roadway and may be temporarily
driven upon the right-hand shoulder for the purpose of permitting other
vehicles to pass. This subsection shall not apply when overtaking and passing
another vehicle proceeding in the same direction or when preparing for a left
turn at an intersection or into a private road or driveway.
C. Upon any roadway having four (4) or more lanes for moving traffic and
providing for two-way movement of traffic, no vehicle shall be driven to the left
of the center line of the roadway, except when authorized by official trafficcontrol
devices designating certain lanes to the left side of the center of the
roadway for use by traffic not otherwise permitted to use such lanes, or except
as permitted under paragraph 2 of subsection (A) of this section. However, this
subsection shall not be construed as prohibiting the crossing of the center line
in making a left turn into or from an alley, private road or driveway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-302. Passing vehicles proceeding in opposite directions
Drivers of vehicles proceeding in opposite directions shall pass each other to
the right, and upon roadways having width for not more than one (1) line of
traffic in each direction each driver shall give to the other at least one-half (1⁄2)
of the main-traveled portion of the roadway as nearly as possible.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-303. Overtaking a vehicle on the left-Signal
The following rules shall govern the overtaking and passing of vehicles proceeding
in the same direction, subject to those limitations, exceptions and special
rules hereinafter stated:
1. The driver of a vehicle overtaking another vehicle proceeding in the
same direction shall pass to the left thereof at a safe distance and shall not
again drive to the right side of the roadway until safely clear of the
overtaken vehicle.
2. Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to the right in favor of the
overtaking vehicle on audible signal and shall not increase the speed of his
vehicle until completely passed by the overtaking vehicle.
3. Every driver who intends to pass another vehicle proceeding in the
same direction, which requires moving his vehicle from one lane of traffic
to another, shall first see that such movement can be made with safety and
shall proceed to pass only after giving a proper signal by hand or mechanical
device.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-304. When overtaking on the right is permitted
A. The driver of a vehicle may overtake and pass upon the right of another
vehicle only under the following conditions:
1. When the vehicle overtaken is making or about to make a left turn;
2. Upon a street or highway with unobstructed pavement not occupied by
parked vehicles of sufficient width for two or more lines of moving vehicles
in each direction;
3. Upon a one-way street, or upon any roadway on which traffic is
restricted to one direction of movement, where the roadway is free from
obstructions and of sufficient width for two or more lines of moving
vehicles.
B. The driver of a vehicle may overtake and pass another vehicle upon the
right only under conditions permitting such movement in safety. In no event
shall such movement be made by driving off the pavement or main-traveled
portion of the roadway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-305. Limitations on overtaking on the left
No vehicle shall be driven to the left side of the center of the roadway in
overtaking and passing another vehicle proceeding in the same direction unless
such left side is clearly visible and is free of oncoming traffic for a sufficient
distance ahead to permit such overtaking and passing to be completely made
without interfering with the safe operation of any vehicle approaching from the
opposite direction or any vehicle overtaken. In every event the overtaking
vehicle must return to the right-hand side of the roadway before coming within
one hundred (100) feet of any vehicle approaching from the opposite direction.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-306. Further limitations on driving to left of center of roadway
A. No vehicle shall be driven on the left side of the roadway under the
following conditions:
1. When approaching or upon the crest of a grade or a curve in the
highway where the driver’s view is obstructed within such distance as to
create a hazard in the event another vehicle might approach from the
opposite direction;
2. When approaching within one hundred (100) feet of or traversing any
intersection or railroad grade crossing unless otherwise indicated by official
traffic-control devices;
3. When the view is obstructed upon approaching within one hundred
(100) feet of any bridge, viaduct or tunnel.
B. The foregoing limitations shall not apply upon a one-way roadway; nor
under the conditions described in 47 CNCA § 11-301(A)(2), nor to the driver of
a vehicle turning left into or from an alley, private road or driveway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-307. No-passing zones
A. Cherokee Nation by designated authority is hereby authorized to determine
those portions of any highway where overtaking and passing or driving to
the left of the roadway would be especially hazardous and may by appropriate
signs or markings on the roadway indicate the beginning and end of such zones
and when such signs or markings are in place and clearly visible to an
ordinarily observant person every driver of a vehicle shall obey the directions
thereof.
B. Where signs or markings are in place to define a no-passing zone as set
forth in subsection (A) of this section no driver shall at any time drive to the left
side of the roadway within such no-passing zone or on the left side of any
pavement striping designed to mark such no-passing zone throughout its
length.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-308. One-way roadways and rotary traffic island
A. Cherokee Nation may designate any street or highway or any separate
roadway under their respective jurisdictions for one-way traffic and shall erect
appropriate signs giving notice thereof.
B. Upon a roadway designated and sign posted for one-way traffic a vehicle
shall be driven only in the direction designated.
C. A vehicle passing around a rotary traffic island shall be driven only to the
right of such islands.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-308A. Repealed
§ 11-309. Driving on roadways laned for traffic
Whenever any roadway has been divided into two (2) or more clearly marked
lanes for traffic, the following rules in addition to all others consistent herewith
shall apply.
1. A vehicle shall be driven as nearly as practicable entirely within a single
lane.
2. A vehicle shall not be moved from the lane until the driver has first
ascertained that the movement can be made with safety and then given a signal,
not less than the last one hundred (100) feet traveled by the vehicle, of his
intention to change lanes.
3. Upon a roadway which is divided into three (3) lanes, a vehicle shall not
be driven in the center lane except when overtaking and passing another
vehicle where the roadway is clearly visible and such center lane is clear of
traffic within a safe distance, or in preparation for a left turn or where such
center lane is at the time allocated exclusively to traffic moving in the direction
the vehicle is proceeding and is sign posted to give notice of such allocation.
4. A two-way left-turn lane is a lane near the center of the highway set aside
for use by vehicles making left turns in both directions from or into the
roadway. Two-way left-turn lanes shall be designated by distinctive roadway
markings consisting of parallel double yellow lines, interior line dashed and
exterior line solid, on each side of the lane. A vehicle shall not be driven in a
designated two-way left-turn lane except when preparing for or making a left
turn from or into a roadway. Vehicles turning left from the roadway shall not
be driven in the two-way left-turn lane for more than two hundred (200) feet
while preparing for and making the turn. A vehicle turning left onto the
roadway may utilize the two-way left-turn lane as a staging area by stopping
and waiting for traffic proceeding in the same direction to clear before merging
into the adjacent lanes of travel. A left turn shall not be made from any other
lane where a two-way left-turn lane has been designated. Provided, however,
this section shall not prohibit driving across a two-way left-turn lane when
moving from a service drive onto such marked roadway.
5. A vehicle shall not be driven in the left lane of a roadway except when
overtaking and passing another vehicle; provided, however, this paragraph
shall not prohibit driving in the left lane when traffic conditions, flow or road
configuration, such as the potential of merging traffic, require the use of the left
lane to maintain safe traffic conditions; provided further, this paragraph shall
not prohibit driving in the left lane of a roadway within the city limits of a
municipality as long as such roadway is not part of the National System of
Interstate and Defense Highways.
6. Official signs may be erected directing slow-moving traffic to use a
designated lane or designating those lanes to be used by traffic moving in a
particular direction regardless of the center of the roadway and drivers of
vehicles shall obey the directions of every such sign.
Any person convicted of violating any provision of this section shall be punished
as provided for in Section 17-101 of this title.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-310. Following too closely
A. The driver of a motor vehicle shall not follow another vehicle more
closely than is reasonable and prudent, having due regard for the speed of such
vehicles and the traffic upon and the condition of the highway.
B. The driver of any truck or motor vehicle drawing another vehicle when
traveling upon a roadway outside of a business or residential district and which
is following another truck or motor vehicle drawing another vehicle shall,
whenever conditions permit, leave sufficient space so that an overtaking vehicle
may enter and occupy such space without danger, except that this shall not
prevent a motor truck or motor vehicle drawing another vehicle from overtaking
and passing any like vehicle or another vehicle.
C. No vehicle which has more than six (6) tires in contact with the road
shall approach from the rear of another vehicle which has more than six (6)
tires in contact with the road closer than three hundred (300) feet except when
passing such said vehicle.
D. Motor vehicles being driven upon any roadway outside of a business or
residential district in a caravan or motorcade, whether or not towing other
vehicles, shall be so operated as to allow sufficient space between each such
vehicle or combination of vehicles so as to enable any other vehicle to enter and
occupy such space without danger. The distance between such vehicles shall
be a minimum of two hundred (200) feet under all conditions. This provision
shall not apply to funeral processions.
E. Subsections (A), (B), (C) and (D) of this section shall not apply to a nonlead
vehicle in a platoon, as defined in this section, or the operator thereof, as
long as the platoon consists of not more than two motor vehicles.
F. As used in this section, ‘‘platoon’’ means a group of individual motor
vehicles traveling in a unified manner at electronically coordinated speeds at
following distances that are closer than would be reasonable and prudent
without such coordination.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-311. Driving on divided highways
Whenever any highway has been divided into two (2) or more roadways by
leaving an intervening space or by a physical barrier or clearly-indicated
dividing section so constructed as to impede vehicular traffic, every vehicle
shall be driven only upon the right-hand roadway unless directed or permitted
to use another roadway by official traffic control devices or peace officers. No
vehicle shall be driven over, across or within any such dividing space, barrier
or section, except through a permanent opening in the dividing space, barrier
or section or at a permanent cross-over or intersection as established unless
specifically prohibited by public authority. No vehicle shall be driven over,
across or within any temporary opening in a dividing space, barrier or section
or at a temporary cross-over or intersection unless specifically authorized by a
public authority or at the direction of a peace officer.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-312. Restricted access
No person shall drive a vehicle onto or from any controlled-access roadway
except at such entrances and exits as are established by public authority.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-313. Restrictions on use of controlled-access roadway
Cherokee Nation, the Department of Transportation, the Oklahoma Transportation
Authority, or local authorities may, with respect to any controlled-access
roadway under their respective jurisdictions, prohibit the use of any such
roadway by pedestrians, bicycles or other non-motorized traffic or by any
person operating a motor-driven cycle. The Cherokee Nation, the Department
of Transportation, the Oklahoma Transportation Authority, or local authorities
adopting any such prohibitory regulations shall erect and maintain official
signs on the controlled-access roadway on which such regulations are applicable
and when so erected no person shall disobey the restrictions stated on such
signs.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-314. Approaching stationary authorized vehicles on the roadway
A. The driver of a motor vehicle, upon approaching a stationary authorized
emergency vehicle, a Department of Transportation maintenance vehicle, a
Turnpike Authority maintenance vehicle, a stationary vehicle that is displaying
flashing lights or a licensed wrecker that is displaying a flashing amber light, a
combination red or blue light or any combination of amber, red or blue lights,
shall:
1. If traveling on a highway that consists of two or more lanes that carry
traffic in the same direction of travel as that of the driver, the driver shall
proceed with due caution and shall, if possible and with due regard to the
road, weather, and traffic conditions, change lanes into a lane that is not
adjacent to the stationary authorized emergency vehicle, a Department of
Transportation maintenance vehicle, a Turnpike Authority maintenance
vehicle, or licensed wrecker; or if the driver is not able to change lanes or
if to do so would be unsafe, the driver shall proceed with due caution and
reduce the speed of the motor vehicle to a safe speed for the existing road,
weather, and traffic conditions; and
2. If traveling on a highway other than a highway described in paragraph
1 of this subsection, the driver shall proceed with due caution and reduce
the speed of the motor vehicle to a safe speed for the existing road,
weather, and traffic conditions.
B. This section does not relieve the operator of a stationary authorized
emergency vehicle, a Department of Transportation maintenance vehicle, a
Turnpike Authority maintenance vehicle, or licensed wrecker from the consequences
of reckless disregard for the safety of all persons and property upon the
highway.
LA 02-21, eff. Feb. 18, 2021.
§ 11-315. Driving between vehicles in funeral procession prohibited
A. No driver of a motor vehicle shall drive between the vehicles comprising
a funeral or other authorized procession while the vehicles are in motion and
when such vehicles are conspicuously designated. This provision shall not
apply at intersections where traffic is controlled by traffic control signals or
police officers.
B. Any person convicted of violating the provisions of this section shall be
punished as provided for in Section 17-101 of Title 47 of the Oklahoma
Statutes.
LA 02-21, eff. Feb. 18, 2021.
§ 11-315.1. Overtaking a vehicle being used in the collection of refuse,
solid waste or recyclables
The driver of a motor vehicle, upon approaching a vehicle being used in the
collection of refuse, solid waste or recyclables displaying side marker lamps
which flash in conjunction with turn signal lamps or vehicle hazard warning
lamps pursuant to the provisions of Section 12-227 of Title 47 of the Oklahoma
Statutes, shall:
1. If traveling on a highway that consists of two or more lanes that carry
traffic in the same direction of travel as that of the driver, proceed with due
caution and shall, if possible and with due regard to the road, weather and
traffic conditions, change lanes into a lane that is not adjacent to the
vehicle being used in the collection of refuse, solid waste or recyclables; or
if the driver is not able to change lanes or if to do so would be unsafe, the
driver shall proceed with due caution and reduce the speed of the motor
vehicle to a safe speed for the existing road, weather and traffic conditions;
and
2. If traveling on a highway other than a highway described in paragraph
1 of this subsection, proceed with due caution and reduce the speed of the
motor vehicle to a safe speed for the existing road, weather and traffic
conditions.
LA 02-21, eff. Feb. 18, 2021.
ARTICLE IV
RIGHT-OF-WAY
§ 11-401. Vehicle approaching or entering intersection
A. Whether a stop sign or yield sign present, visible or not, the driver of a
vehicle shall yield the right-of-way and shall not proceed until it is safe to do so,
when the driver is:
1. On a county road upon approaching an intersection with a tribal, state,
or federal highway;
2. On a private drive or any road not maintained by the county or state
upon approaching an intersection with a tribal, state, or federal highway or
a county road;
3. On an unpaved county road upon approaching an intersection with a
paved county road; or
4. On a county road, which ends at, merges with, or does not otherwise
continue directly across an intersecting through county road, upon approaching
the intersection with the through county road.
For purposes of this subsection, ‘‘paved road’’ means a road improved with a
surface of concrete, asphalt, or what is commonly referred to as oil and chip,
and ‘‘unpaved road’’ means all other roads.
B. When two (2) vehicles enter or approach an intersection from different
highways at approximately the same time, except in subsection (A) of this
section, the driver of the vehicle on the left shall yield the right-of-way to the
vehicle on the right.
C. The right-of-way rules declared in subsections (A) and (B) of this section
are modified at through highways and otherwise as hereinafter stated in this
chapter.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-402. Vehicle turning left at intersection
The driver of a vehicle intending to turn to the left shall yield the right-of-way to
any vehicle approaching from the opposite direction which is so close thereto
when initiating such turn as to constitute an immediate hazard.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-403. Vehicle entering stop or yield intersection
A. Preferential right-of-way at an intersection may be indicated by stop
signs or yield signs as authorized in 47 O.S. § 15-108.
B. Except when directed to proceed by a police officer or traffic-control
signal, every driver of a vehicle approaching a stop intersection indicated by a
stop sign shall stop as required by 47 CNCA § 11-703(D) and after having
stopped shall yield the right-of-way to any vehicle which has entered the
intersection from another highway or which is approaching so closely on said
highway as to constitute an immediate hazard, but said driver having so yielded
may proceed and the drivers of all other vehicles approaching the intersection
shall yield the right-of-way to the vehicle so proceeding.
C. The driver of a vehicle approaching a yield sign shall in obedience to
such sign slow down to a speed reasonable for the existing conditions, or shall
stop if necessary as provided in 47 CNCA § 11-703(E), and shall yield the rightof-
way to any pedestrian legally crossing the roadway on which the driver is
driving, and to any vehicle in the intersection or approaching on another
highway so closely as to constitute an immediate hazard. Said driver having so
yielded may proceed and the drivers of all other vehicles approaching the
intersection shall yield to the vehicle so proceeding, provided, however, that if
such driver is involved in a collision with a pedestrian in a crosswalk or vehicle
in the intersection after driving past a yield sign without stopping, such
collision shall be deemed prima facie evidence of the driver’s failure to yield
right-of-way.
D. Where two or more vehicles face stop, slow, warning or caution signs or
signals on two or more intersecting cross streets, and are approaching so as to
enter the intersection at the same time, where each vehicle is required to stop,
the vehicle coming from the right shall have the right-of-way. Where each
vehicle is required to slow the vehicle coming from the right shall have the
right-of-way. Where each vehicle is required to take caution, the vehicle
coming from the right shall have the right-of-way. Where one vehicle is
required to stop and the other to slow or take caution, the one slowing or
taking caution shall have the right-of-way. Where one vehicle is required to
slow and the other to take caution, the one required to take caution shall have
the right-of-way. In any event, a vehicle which has already entered the
intersection shall have the right-of-way over one which has not so entered the
intersection.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-403.1. Failure to yield causing fatality or serious bodily injury-
Assessment of fee
Any person convicted of failure to yield a right-of-way and who causes a fatality
or serious bodily injury as a result of such violation may, in addition to any
other fine or penalty, be assessed a fee in an amount not exceeding One
Thousand Dollars ($1,000.00).
LA 02-21, eff. Feb. 18, 2021.
§ 11-404. Vehicle entering highway from private road or driveway
The driver of a vehicle about to enter or cross a highway from a private road or
driveway shall yield the right-of-way to all vehicles approaching on said
highway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-405. Operation of vehicles on approach of authorized emergency
vehicles
A. Upon the immediate approach of an authorized emergency vehicle making
use of audible and visual signals meeting the requirements of 47 O.S.
§ 12-218, or of a police vehicle properly and lawfully making use of an audible
signal only, the driver of every other vehicle shall yield the right-of-way and
shall immediately drive to a position parallel to, and as close as possible to, the
right-hand edge or curb of the roadway clear of any intersection and shall stop
and remain in such position until the authorized emergency vehicle has passed,
except when otherwise directed by a police officer.
B. This section shall not be construed to require a peace officer operating a
police vehicle properly and lawfully in response to a crime in progress to use
audible signals nor shall this section operate to relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for the
safety of all persons using the highway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-406. Farm tractors or implements-Operation on highways-Permission
from Department required-Wide vehicles-Duty of operator-
Yield of right-of-way
A. A farm tractor, as defined in Section 1-118 of this title, or any implement
of husbandry, as defined in Section 1-125 of this title, except trailers and
semitrailers when operated in accordance with statutory limits or provisions of
Section 14-101 of this title, shall not be permitted to travel upon any highway
in this state which is a part of the National System of Interstate and Defense
Highways. However, the Department of Public Safety shall have the authority
to permit such travel in certain geographic areas of the state as deemed
necessary. Such tractor or implement may be operated on any other roadway
in this state if the operator has attached all the safety devices required by law
and has taken reasonable steps to reduce the width of the tractor or implement
as provided for by the manufacturer. Whenever the width of a farm tractor or
implement of husbandry exceeds the width of that portion of a roadway on
which the tractor or implement is driven, which is marked as a single lane of
traffic, or, if the roadway has not been marked for lanes of traffic and the width
of the tractor or implement exceeds more than fifty percent (50%) of the width
of the roadway, the operator shall move the tractor or implement, as soon as
possible, as far to the right-hand side of the roadway as is practicable and safe
upon approach of any oncoming or following vehicle and upon approaching the
crest of a hill.
B. Upon the immediate approach of a farm tractor or implement of husbandry
which cannot be moved by the operator thereof to the far right-hand
side of the roadway, as required in subsection A of this section, due to the
existence of any bridge or guardrail, sign or any other physical impediment
which would not safely allow such tractor or implement to travel on the far
right-hand side of the road, the driver of every other vehicle shall yield the
right-of-way and shall immediately pull over to the far right-hand side of the
road and remain in such position until the tractor or implement has passed.
This section shall not operate to relieve any operator of a farm tractor or
implement of husbandry from the duty to drive with due regard for the safety of
all persons using the roadway.
LA 02-21, eff. Feb. 18, 2021.
ARTICLE V
PEDESTRIANS’ RIGHTS AND DUTIES
§ 11-501. Pedestrians subject to traffic regulations
A. A pedestrian shall obey the instructions of any official traffic-control
device specifically applicable to him, unless otherwise directed by a police
officer.
B. Pedestrians shall be subject to traffic and pedestrian-control signals as
provided in 47 CNCA §§ 11-202 and 11-203.
C. At all other places pedestrians shall be accorded the privileges and shall
be subject to the restrictions stated in this chapter.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-501.1. Rights and duties of persons operating wheelchair or motorized
wheelchair
Every person operating a wheelchair or a motorized wheelchair shall have all
of the rights and all of the duties applicable to a pedestrian contained in
Chapter 11 of this title except those provisions which by their nature can have
no application.
LA 02-21, eff. Feb. 18, 2021.
§ 11-502. Pedestrians’ right-of-way in crosswalks
A. When traffic-control signals are not in place or not in operation, the
driver of a vehicle shall yield the right-of-way, slowing down or stopping if need
be to so yield, to a pedestrian crossing the roadway within a crosswalk when
the pedestrian is upon the half of the roadway upon which the vehicle is
traveling, or when the pedestrian is approaching so closely from the opposite
half of the roadway as to be in danger.
B. No pedestrian shall suddenly leave a curb or other place of safety and
walk or run into the path of a vehicle which is so close that it is impossible for
the driver to yield.
C. Subsection (A) shall not apply under the conditions stated in 47 CNCA
§ 11-503(B).
D. Whenever any vehicle is stopped at a marked crosswalk or at any
unmarked crosswalk at an intersection to permit a pedestrian to cross the
roadway, the driver of any other vehicle approaching from the rear shall not
overtake and pass such stopped vehicle.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-503. Crossing at other than crosswalks
A. Every pedestrian crossing a roadway at any point other than within a
marked crosswalk or within an unmarked crosswalk at an intersection shall
yield the right-of-way to all vehicles upon the roadway.
B. Any pedestrian crossing a roadway at a point where a pedestrian tunnel
or overhead pedestrian crossing has been provided shall yield the right-of-way
to all vehicles upon the roadway.
C. Between adjacent intersections at which traffic-control signals are in
operation pedestrians shall not cross at any place except in a marked crosswalk.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-504. Drivers to exercise due care
Notwithstanding the foregoing provisions of this chapter, every driver of a
vehicle shall exercise due care to avoid colliding with any pedestrian upon any
roadway and shall give warning by sounding the horn when necessary and shall
exercise proper precaution upon observing any child or any confused or
incapacitated person upon a roadway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-505. Pedestrians to use right half of crosswalks
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-506. Pedestrians on roadways or bridges
A. Where sidewalks are provided, it shall be unlawful for any pedestrian to
walk along and upon an adjacent roadway.
B. Where sidewalks are not provided, any pedestrian walking along and
upon a highway shall, when practicable, walk only on the left side of the
roadway or its shoulder facing traffic which may approach from the opposite
direction and shall yield to approaching vehicles.
C. It shall be unlawful for any person to enter upon any portion of a bridge
for the purpose of diving or jumping therefrom into a lake, river or stream for
recreation, and it shall be unlawful for a pedestrian to use a bridge where
sidewalks are not provided for the purpose of standing or sightseeing.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-507. Pedestrians soliciting rides or business
No person shall stand in a roadway for the purpose of soliciting a ride,
donation, employment or business from the occupant of any vehicle.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
ARTICLE VI
TURNING AND STARTING AND SIGNALS
ON STOPPING AND TURNING
§ 11-601. Required position and method of turning at intersections
The driver of a vehicle intending to turn at an intersection shall do so as
follows:
1. Right turns. Both the approach for a right turn and a right turn shall be
made as close as practicable to the right-hand curb or edge of the roadway.
2. Left turns. The driver of a vehicle intending to turn left at any such
intersection shall approach the intersection in the extreme left-hand lane
lawfully available to traffic moving in the direction of travel of such vehicle and
after entering the intersection the left turn shall be made so as to leave the
intersection, as nearly as practicable, in the left-hand lane lawfully available to
traffic moving in such direction upon the roadway being entered. Whenever
practicable the left turn shall be made in that portion of the intersection to the
left of the center of the intersection.
3. Local authorities in their respective jurisdictions may cause markers,
buttons or signs to be placed within or adjacent to intersections and thereby
require and direct that a different course from that specified in this section be
traveled by vehicles turning at an intersection, and when markers, buttons or
signs are so placed no driver of a vehicle shall turn a vehicle at an intersection
other than as directed and required by such markers, buttons or signs.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-602. Turning on curve or crest of grade prohibited
A. Unless otherwise prohibited by law, the driver of a vehicle shall not turn
the vehicle so as to proceed in the opposite direction unless and until such
movement can be made with reasonable safety and without interfering with
other traffic.
B. No vehicle shall be turned so as to proceed in the opposite direction
upon any curve, or upon the approach to or near the crest of a grade, where
such vehicle cannot be seen by the driver of any other vehicle approaching
from either direction within five hundred (500) feet.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-603. Starting parked vehicle
No person shall start a vehicle which is stopped, standing or parked unless and
until such movement can be made with reasonable safety.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-604. Turning movements and required signals
A. No person shall turn a vehicle at an intersection, a public or private road,
or a driveway, unless the vehicle is in proper position upon the roadway as
required in 47 CNCA § 11-601, or turn a vehicle to enter a private road or
driveway, or otherwise turn a vehicle from a direct course or move right or left
upon a roadway unless and until such movement can be made with reasonable
safety. No person shall so turn any vehicle without giving an appropriate
signal as provided in subsection (B) of this section, in the event any other traffic
may be affected by such movement.
B. A signal of intention to turn right or left as required by law shall be given
continuously during not less than the last one hundred (100) feet traveled by the
vehicle before turning.
C. No person shall stop or suddenly decrease the speed of a vehicle without
first giving an appropriate signal in the manner provided in subsection B of this
section to the driver of any vehicle immediately to the rear when there is
opportunity to give such signal.
D. When any person is properly preparing for, attempting or executing a
left turn, as described in subsection A of this section, no other person operating
another vehicle immediately following the turning vehicle shall pass or attempt
to pass the turning vehicle to the left. Such other person shall come to a
complete stop if necessary at a safe distance behind the person preparing for,
attempting or executing the turn or may proceed to the right of the turning
vehicle as provided by Section 11-304 of this title.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-605. Signals by hand and arm or signal lamps
A. Any stop or turn signal when required herein shall be given either by
means of the hand and arm or by signal lamps, except as otherwise provided in
subsection (B) of this section.
B. Any motor vehicle in use on a highway shall be equipped with, and
required signal shall be given by, signal lamps when the distance from the
center of the top of the steering post to the left outside limit of the body, cab or
load of such motor vehicle exceeds twenty-four (24) inches, or when the
distance from the center of the top of the steering post to the rear limit of the
body or load thereof exceeds fourteen (14) feet. The latter measurement shall
apply to any single vehicle, also to any combination of vehicles.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-606. Method of giving hand-and-arm signals
All signals herein required given by hand and arm shall be given from the left
side of the vehicle in the following manner and such signals shall indicate as
follows:
1. Left turn. Hand and arm extended horizontally.
2. Right turn. Hand and arm extended upward.
3. Stop or decrease speed. Hand and arm extended downward.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
ARTICLE VII
SPECIAL STOPS REQUIRED
§ 11-701. Obedience to signal indicating approach of train
A. Whenever any person driving a vehicle approaches a railroad grade
crossing under any of the circumstances stated in this section, the driver of
such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet
from the nearest rail of such railroad, and shall not proceed until he can do so
safely. The foregoing requirements shall apply when:
1. A clearly-visible electric or mechanical signal device gives warning of
the immediate approach of a railroad train;
2. A crossing gate is lowered or when a human flagman gives or continues
to give a signal of the approach or passage of a railroad train;
3. A railroad train approaching within approximately one thousand five
hundred (1,500) feet of the highway crossing emits a signal audible from
such distance and such railroad train, by reason of its speed or nearness to
such crossing, is an immediate hazard;
4. An approaching railroad train is plainly visible and is in hazardous
proximity to such crossing.
B. No person shall drive any vehicle through, around or under any crossing
gate or barrier at a railroad crossing while such gate or barrier is closed or is
being opened or closed.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-702. Commercial motor vehicles and buses-Railroad crossing
A. The driver of a bus defined in Section 1-105 of this title, whether the bus
is occupied or unoccupied by passengers, shall not cross a railroad track or
tracks at grade unless the driver stops the bus within fifty (50) feet of, and not
closer than fifteen (15) feet to, the tracks, listens and looks in each direction
along the track for an approaching train, and ascertains that no train is
approaching. When, it is safe to do so, the driver my 1 drive the bus across the
tracks in a gear that permits the bus to complete crossing without a change of
gears. The driver shall not shift gears while crossing the tracks.
B. No stop need be made at any such crossing where a police officer or a
traffic-control signal directs traffic to proceed.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
1 So in original.
§ 11-703. Stop signs and yield signs
A. Preferential right-of-way at an intersection may be indicated by stop
signs or yield signs as authorized in 47 O.S. § 15-108.
B. Every stop sign and every yield sign shall be erected as near as practicable
to the nearest line of the crosswalk on the near side of the intersection or, if
there is no crosswalk, then as near as practicable to the nearest line of the
intersecting roadway, however such yield signs shall not be erected upon the
approaches of but one of the intersecting streets.
C. Every stop sign shall bear the word ‘‘Stop’’. Every yield sign hereafter
erected or replaced shall bear the word ‘‘Yield’’. Every stop sign and every
yield sign shall at nighttime be rendered luminous by internal illumination, or
by a floodlight projected on the face of the sign, or by efficient reflecting
elements in or on the face of the sign.
D. Except when directed to proceed by a police officer or traffic-control
signal, every driver of a vehicle approaching a stop intersection indicated by a
stop sign shall stop before entering the crosswalk on the near side of the
intersection or, in the event there is no crosswalk, shall stop at a clearly-marked
stop line, but if none, then at the point nearest the intersecting roadway where
the driver has a view of approaching traffic on the intersecting roadway before
entering the intersection.
E. The driver of a vehicle approaching a yield sign if required for safety to
stop shall stop before entering the crosswalk on the near side of the intersection
or, in the event there is no crosswalk, at a clearly-marked stop line, but if none,
then at the point nearest the intersecting roadway where the driver has a view
of approaching traffic on the intersecting roadway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-704. Emerging from alley, driveway or building
The driver of a vehicle within a business or residence district emerging from an
alley, driveway or building shall stop such vehicle immediately prior to driving
onto a sidewalk or onto the sidewalk area extending across any alleyway or
driveway, and shall yield the right-of-way to any pedestrian as may be necessary
to avoid collision, and upon entering the roadway shall yield the right-ofway
to all vehicles approaching on said roadway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-705. Meeting or overtaking stopped school bus-Violation and penalty-
Reporting violations-Video monitoring on buses
A. The driver of a vehicle meeting or overtaking a school bus that is stopped
to take on or discharge school children, and on which the red loading signals
are in operation, is to stop his vehicle before it reaches the school bus and not
proceed until the loading signals are deactivated and then proceed past such
school bus at a speed which is reasonable and with due caution for the safety of
such school children and other occupants. Any person convicted of violating
the provisions of this subsection shall be punished by a fine of not less than One
Hundred Dollars ($100.00). In addition to the fine, a special assessment of
One Hundred Dollars ($100.00) shall be assessed, of which seventy-five percent
(75%) shall be deposited to the credit of the Cameras for School Bus Stops
Revolving Fund established in Section 2 of this act.1 The remaining twenty-five
percent (25%) of the special assessment shall be deposited to the credit of the
reviewing law enforcement agency referred to in subsection E of this section.
B. Visual signals, meeting the requirements of Section 12-228 of this title,
shall be actuated by the driver of said school bus whenever, but only whenever,
such vehicle is stopped on the highway for the purpose of receiving or
discharging school children.
C. The driver of a vehicle upon a highway with separate roadways need not
stop upon meeting or passing a school bus which is on a different roadway or
when upon a controlled-access highway and the school bus is stopped in a
loading zone which is a part of or adjacent to such highway and where
pedestrians are not permitted to cross the roadway.
D. If the driver of a school bus witnesses a violation of the provisions of
subsection (A) of this section, within twenty-four (24) hours of the alleged
offense, the driver shall report the violation, the vehicle color, license tag
number, and the time and place such violation occurred to the law enforcement
authority of the municipality where the violation occurred. The law enforcement
authority of Cherokee Nation shall issue a letter of warning on the alleged
violation to the person in whose name the vehicle is registered. The Office of
the Attorney General shall provide a form letter to each municipal law enforcement
agency in this Nation for the issuance of the warning provided in this
subsection. Such form letter shall be used by each such law enforcement
agency in the exact form provided for by the Office of the Attorney General. A
warning letter issued pursuant to this subsection shall not be recorded on the
driving record of the person to whom such letter was issued. Issuance of a
warning letter pursuant to this section shall not preclude the imposition of
other penalties as provided by law.
E. 1. A school district may install and operate a video-monitoring system
in or on the school buses or the bus stop-arms operated by the district or
contract with a private vendor to do so on behalf of the school district for the
purpose of recording violations of subsection A of this section. In the event the
video-monitoring system captures a recording of a violation of subsection A of
this section, appropriate personnel at the school district shall extract data
related to the violation from the recording. The extracted data shall include a
recorded image or video containing the requirements listed in paragraph 2 of
this subsection. The school district shall submit the extracted data for review
to the law enforcement agency with jurisdiction in which the violation occurred.
If the reviewing law enforcement agency determines there is sufficient
evidence to identify the vehicle and the driver, such evidence shall be submitted
to the district attorney’s office for prosecution.
2. For the purposes of this subsection, ‘‘video-monitoring system’’ means a
system with one or more camera sensors and computers installed and operated
on a school bus that produces live digital and recorded video of motor vehicles
being operated in violation of subsection A of this section. The system shall, at
a minimum, produce a recorded image of the license plate of the vehicle, an
identifiable picture of the driver’s face, the activation status of at least one
warning device as prescribed in Section 12-228 of this title and the time, date
and location of the vehicle when the image was recorded.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-705.1. Church buses-Definition-Meeting and overtaking stopped
bus-Signs and signals
A. The driver of a vehicle meeting or overtaking a church bus that is
stopped to take on or discharge passengers, and on which the red loading
signals are in operation, is to stop his vehicle before it reaches the church bus
and not proceed until the loading signals are deactivated and then proceed past
such bus at a speed which is reasonable and with due caution for the safety of
such occupants.
B. If the church bus is equipped with visual signals meeting the requirements
of 47 O.S. § 12-218, the signals shall be actuated by the driver of said
church bus whenever, but only whenever, such vehicle is stopped on the
highway for the purpose of receiving or discharging passengers.
C. The driver of a vehicle upon a highway with separate roadways need not
stop upon meeting or passing a church bus which is on a different roadway or
when upon a controlled-access highway and the church bus is stopped in a
loading zone which is a part of or adjacent to such highway and where
pedestrians are not permitted to cross the roadway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
ARTICLE VIII
SPEED RESTRICTIONS
§ 11-801. Basic rule and maximum limits
A. Any person driving a vehicle on a highway shall drive the same at a
careful and prudent speed not greater than nor less than is reasonable and
proper, having due regard to the traffic, surface and width of the highway and
any other conditions then existing. No person shall drive any vehicle upon a
highway at a speed greater than will permit the driver to bring it to a stop
within the assured clear distance ahead.
B. Except when a special hazard exists that requires lower speed for
compliance with subsection (A) of this section, the limits specified by law or
established as hereinafter authorized shall be maximum lawful speeds, and no
person shall drive a vehicle on a highway at a speed in excess of such
maximum limits:
1. On a highway or part of a highway, unless otherwise established in
law, a speed established by the Department of Transportation on the basis
of engineering and traffic investigations used to determine the speed that is
reasonable and safe under the conditions found to exist on the highway or
part of the highway;
2. For a school bus, fifty-five (55) miles per hour on paved two-lane roads
except on the state highway system, the interstate highway system and the
turnpike system where the maximum shall be sixty-five (65) miles per hour;
3. On any highway outside of a municipality in a properly marked school
zone, twenty-five (25) miles per hour, provided the zone is marked with
appropriate warning signs placed in accordance with the latest edition of
the Manual on Uniform Traffic Control Devices. The Department of
Transportation may determine on the basis of an engineering and traffic
investigation that a speed limit higher than twenty-five (25) miles per hour
may be reasonable and safe under conditions as they exist upon a highway,
and post an alternative school zone speed limit. The Department shall
mark such school zones, or entrances and exits onto highways by buses or
students, so that the maximum speed provided by this section shall be
established therein. Exits and entrances to controlled-access highways
which are within such school zones shall be marked in the same manner as
other highways. The county commissioners shall mark such school zones
along the county roads so that the maximum speed provided by this section
shall be established therein. The signs may be either permanent or
temporary. The Department shall give priority over all other signing
projects to the foregoing duty to mark school zones. The Department shall
also provide other safety devices for school zones which are needed in the
opinion of the Department;
4. Twenty-five (25) miles per hour or a posted alternative school zone
speed limit through state schools located on the state owned land adjoining
or outside the limits of a corporate city or town where a state educational
institution is established;
5. Thirty-five (35) miles per hour on a highway in any state park or
wildlife refuge. Provided, however, that the provisions of this paragraph
shall not include the State Capitol park area, and no person shall drive any
vehicle at a rate of speed in excess of fifty-five (55) miles per hour on any
state or federal designated highway within such areas; and
6. For any vehicle or combination of vehicles with solid rubber or metal
tires, ten (10) miles per hour.
The maximum speed limits set forth in this section may be altered as authorized
in Sections 11-802 and 11-803 of this title.
C. The Commission is hereby authorized to prescribe maximum and minimum
speeds for all vehicles and any combinations of vehicles using controlledaccess
highways. Such regulations shall become effective after signs have been
posted on these highways giving notice thereof. Such regulations may apply to
an entirely controlled-access highway or to selected sections thereof as may be
designated by the Commission. A speed limit of seventy-five (75) miles per
hour may be set in locations comprising rural segments of the interstate
highway system by the Commission; provided, however, that speed is determined
to be safe and reasonable after a traffic or engineering study has been
completed by the Department. It shall be a violation of this section to drive
any vehicle at a faster rate of speed than such prescribed maximum or at a
slower rate of speed than such prescribed minimum. However, all vehicles
shall at all times conform to the limits set forth in subsection A of this section.
Copies of such regulations certified as in effect on any particular date by the
Secretary of the Commission shall be accepted as evidence in any court in this
state. Whenever changes have been made in speed zones, copies of such
regulations shall be filed with the Commissioner of Public Safety.
D. The Oklahoma Turnpike Authority is hereby authorized to prescribe
maximum and minimum speeds for trucks, buses and automobiles using
turnpikes; provided, however, a speed limit of eighty (80) miles per hour may
be set in locations comprising the turnpike system, as may be approved by the
Authority. The regulation pertaining to automobiles shall apply to all vehicles
not commonly classified as either trucks or buses. Such regulations shall
become effective only after approval by the Commissioner of Public Safety, and
after signs have been posted on the turnpike giving notice thereof. Such
regulations may apply to an entire turnpike project or to selected sections
thereof as may be designated by the Oklahoma Turnpike Authority. It shall be
a violation of this section to drive a vehicle at a faster rate of speed than such
prescribed maximum speed or at a slower rate of speed than such prescribed
minimum speed. However, all vehicles shall at all times conform to the
requirements of subsection A of this section.
Copies of such regulations, certified as in effect on any particular date by the
Secretary of the Oklahoma Turnpike Authority, shall be accepted in evidence in
any court in this state.
E. The driver of every vehicle shall, consistent with the requirements of
subsection A of this section, drive at an appropriate reduced speed when
approaching and crossing an intersection or railway grade crossing, when
approaching and going around a curve, when approaching a hillcrest, when
driving upon any narrow or winding roadway, and when special hazard exists
with respect to pedestrians or other traffic, or by reason of weather or highway
conditions. The Oklahoma Department of Transportation and the Oklahoma
Turnpike Authority may post, by changeable message sign or other appropriate
sign, a temporary reduced speed limit for maintenance operations or when
special hazards with respect to pedestrians, other traffic, an accident, by reason
of weather or when other hazardous highway conditions exist.
F. 1. No person shall drive a vehicle on a county road at a speed in excess
of fifty-five (55) miles per hour unless posted otherwise by the board of county
commissioners, as provided in subparagraphs a through c of this paragraph, as
follows:
a. the board of county commissioners may determine, by resolution, a
maximum speed limit which shall apply to all county roads which are
not otherwise posted for speed,
b. the board of county commissioners shall provide public notice of
the speed limit on all nonposted roads by publication in a newspaper
of general circulation in the county. The notice shall be published
once weekly for a period of four (4) continuous weeks, and
c. the board of county commissioners shall forward the resolution to
the Director of the Department and to the Commissioner of Public
Safety.
2. The Department shall post speed limit information, as determined
pursuant to the provisions of subparagraphs a through c of paragraph 1 of
this subsection, on the county line marker where any state highway enters
a county and at all off-ramps where interstate highways or turnpikes enter
a county. The signs shall read as follows:
ENTERING COUNTY
COUNTY ROAD SPEED LIMIT
MPH
UNLESS POSTED OTHERWISE
The appropriate board of county commissioners shall reimburse the Department
the full cost of the signage required herein.
G. Any person convicted of a speeding violation pursuant to subsection B or
F of this section shall be punished by a fine as follows:
1. a. For an offense occurring on or after the effective date of this act
and prior to November 1, 2022, one to ten miles per hour over the speed
limit as provided for in Section 11-801e of this title, and
b. For an offense occurring on or after November 1, 2022, one to ten
miles per hour over the limitTTTTTTTTTT$10.00
2. Eleven to fifteen miles per hour over the limitTTTTTTTTTT $20.00
3. Sixteen to twenty miles per hour over the limitTTTTTTTTTT $35.00
4. Twenty-one to twenty-five miles per hour over the limitTTTTTTTTTT$
75.00
5. Twenty-six to thirty miles per hour over the limitTTTTTTTTTT$135.00
6. Thirty-one to thirty-five miles per hour over the limitTTTTTTTTTT$155.00
7. Thirty-six miles per hour or more over the limitTTTTTTTTTT$205.00
or by imprisonment for not more than ten (10) days; for a second conviction
within one (1) year after the first conviction, by imprisonment for not more
than twenty (20) days; and upon a third or subsequent conviction within one
(1) year after the first conviction, by imprisonment for not more than six (6)
months, or by both such fine and imprisonment.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-801A. Reserved
§ 11-801B. Reserved
§ 11-801C. Reserved
§ 11-801D. Reserved
§ 11-801e. Speeding violations-Collection of fines, fees, and costs
Notwithstanding any other provision of law, any person convicted of a speeding
violation of one (1) to ten (10) miles per hour over the limit, pursuant to
subsection B or F of Section 11-801 of Title 47 of the Oklahoma Statutes, shall
be punished by a fine of Five Dollars ($5.00) and costs and fees not to exceed
Ninety-five Dollars ($95.00). The court clerk shall collect fine, costs and fees.
LA 02-21, eff. Feb. 18, 2021.
§ 11-802. Establishment of tribal speed zones
Whenever Cherokee Nation or the State Highway Commission shall determine
upon the basis of an engineering and traffic investigation that any maximum
speed hereinbefore set forth is greater or less than is reasonable or safe under
the conditions found to exist at any intersection or other place or upon any part
of the highway system, said Cherokee Nation may determine and declare a
reasonable and safe maximum limit thereat which, when appropriate signs
giving notice thereof are erected, shall be effective at all times, or during hours
of daylight or darkness or at such other times as may be determined at such
intersection or other place or part of the highway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-803. When local authorities may and shall alter maximum limits
A. Whenever local authorities in their respective jurisdictions determine on
the basis of an engineering and traffic investigation that the maximum speed
permitted under this article is greater or less than is reasonable and safe under
the conditions found to exist upon a highway or part of a highway, the local
authority may determine and declare a reasonable and safe maximum limit
thereon which:
1. Decreases the limit at intersections; or
2. Increases the limit within an urban district, but not to more than sixtyfive
(65) miles per hour; or
3. Decreases the limit outside an urban district, but not to less than thirty
(30) miles per hour.
B. Local authorities in their respective jurisdictions shall determine by an
engineering and traffic investigation the proper maximum speed for all arterial
streets and shall declare a reasonable and safe maximum limit thereon which
may be greater or less than the maximum speed permitted under Section 1-101
et. seq. of this title for an urban district.
C. Any altered limit established as hereinabove authorized shall be effective
at all times or during hours of darkness or at other times as may be determined
when appropriate signs giving notice thereof are erected upon such street or
highway.
D. As to streets and highways within the corporate limits which have been
constructed or reconstructed with state or federal funds, local authorities shall
have joint authority with Cherokee Nation to establish or alter speed limits;
provided, however, the speed limit on an interstate highway within such
corporate limits shall not be decreased to less than sixty (60) miles per hour;
and provided further, that no local authority shall impose speed limits on any
such street or highway substantially lower than those justified by the highway
design, capacity, and traffic volume as determined by engineering studies, of
less than thirty-five (35) miles per hour.
E. Not more than six such alterations as hereinabove authorized shall be
made per mile along a street or highway except in the case of reduced limits at
intersections, and the difference between adjacent limits shall not be more than
ten (10) miles per hour.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-804. Minimum speed regulation
A. No person shall drive a motor vehicle at such a slow speed as to impede
the normal and reasonable movement of traffic except when reduced speed is
necessary for safe operation or in compliance with law.
B. Whenever Cherokee Nation or local authorities within their respective
jurisdictions determine on the basis of an engineering and traffic investigation
that slow speeds on any part of a highway consistently impede the normal and
reasonable movement of traffic, Cherokee Nation or such local authority may
determine and declare a minimum speed limit below which no person shall
drive a vehicle except when necessary for safe operation or in compliance with
law.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-805. Special speed limitation on motor-driven cycles
A. No person shall operate any motorcycle at a speed greater than the
legally posted speed limit; provided, in no event nor at any time shall an
operator under the age of sixteen (16) years drive a motorcycle on a highway
which has a minimum speed limit established and posted.
B. No person shall operate any motor-driven cycle at a speed greater than
the legally posted speed limit; provided, in no event or at any time shall any
operator drive a motor-drive cycle at a speed greater than thirty-five (35) miles
per hour.
C. No person shall operate a motorized scooter at a speed greater than the
legally posted speed limit; provided, in no event nor at any time shall any
operator drive a motorized scooter:
1. At a speed greater than twenty-five (25) miles per hour; and
2. On any roadway with a posted speed limit of greater than twenty-five
(25) miles per hour.
Any municipality or board of county commissioners is hereby authorized to
adopt ordinances and regulations for the operation of motorized scooters as
provided in Section 19 of this act.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-805.1. Low-speed electrical vehicles-Restrictions on operation
A. No person shall operate any low-speed electrical vehicle on any street or
highway with a posted speed limit greater than thirty-five (35) miles per hour.
B. The provisions of subsection A of this section shall not prohibit a lowspeed
vehicle from crossing a street or highway with a posted speed limit
greater than thirty-five (35) miles per hour.
C. This section shall not prevent a city from adopting any ordinance that
would further restrict low-speed electrical vehicles from operating on certain
city-owned streets in order to ensure the public health and safety.
D. This section shall be a part of and supplemental to the rules of the road
as provided in Section 11-101 et seq. of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 11-805.2. Reserved
§ 11-805.3. Electric personal assistive mobility devices-Registration-Operation
requirements-Warning notice
A. Notwithstanding any other provisions of law, an electric personal assistive
mobility device, as defined in Section 1 of this act, 1 shall not be:
1. Registered pursuant to the Oklahoma Vehicle License and Registration
Act; or
2. Operated on the highways or turnpikes of this state except as provided
in subsection B of this section.
B. An electric personal assistive mobility device may be operated upon the
sidewalks, walking trails, bikeways, and municipal streets of this state. A
municipality may prohibit the operation of an electric personal assistive mobility
device on public streets where the speed limit is greater than twenty-five (25)
miles per hour but, except for enforcement of the provisions of subsection C of
this section, may not otherwise restrict the operation of an electric personal
assistive mobility device.
C. 1. A person operating an electric personal assistive mobility device
shall:
a. not be required to have an Oklahoma driver license to operate the
device,
b. obey However, all speed limits,
c. yield the right of way to pedestrians and human powered devices
motor-driven cycles and motor scooters shall at all times, conform to
47 CNCA § 11-801(A).
d. As used in this give an audible signal before overtaking and
passing any pedestrian, and
e. wear or equip the electric personal assistive mobility device with
reflectors and a headlight when operating at night.
2. Failure to comply with any requirement set forth in subparagraphs b
through e of paragraph 1 of this subsection shall result in a warning for the
first offense, a fine of Ten Dollars ($10.00) for the second offense, and
impoundment of the electric personal assistive mobility device for up to
thirty (30) days for subsequent offenses. Each act of noncompliance shall
be considered a separate offense.
D. 1. It shall be unlawful to manufacture, assemble, sell, offer to sell, or
distribute an electric personal assistive mobility device in this Nation unless the
device is accompanied by a warning notice. The warning notice shall be
substantially similar to the following: ‘‘REDUCE THE RISK OF SERIOUS
INJURY AND ONLY USE WHILE WEARING FULL PROTECTIVE GEAR,
WHICH SHALL INCLUDE HELMET, WRIST GUARDS, ELBOW PADS, AND
KNEE PADS’’.
2. A person, firm, corporation, or other legal entity that regularly engages
in the business of manufacturing, assembling, selling, or distributing electric
personal assistive mobility devices and complies with the requirements
of this subsection shall not be liable in a civil action for damages for any
physical injury sustained by an operator of an electric personal assistive
mobility device as a result of the operator’s failure to wear protective gear
in accordance with the notice required by paragraph 1 of this subsection.
LA 02-21, eff. Feb. 18, 2021.
§ 11-805.4. Electric gopeds
Electric gopeds shall be operated as provided in subsections A and B of Section
11-805.3 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 11-806. Special speed limitations
A. No person shall drive a vehicle over any bridge or other elevated
structure constituting a part of a highway at a speed which is greater than the
maximum speed which can be maintained with safety to such bridge or
structure, when such structure is sign posted as provided in this section.
B. Cherokee Nation, the Oklahoma Department of Transportation, and local
authorities may conduct an investigation of any bridge or other elevated
structure constituting a part of a highway, and if they shall thereupon find that
the structure cannot, with safety to itself, withstand vehicles driving at speeds
otherwise permissible under Section 1-101 et seq. of this title, they shall
determine and declare the maximum speed of vehicles which such structure
can safely withstand, and may cause and permit suitable signs stating the
maximum speed to be erected and maintained at a distance of one hundred
(100) feet before each end of the structure.
C. Where any tribal, state, or federal highway or turnpike shall be under
construction, maintenance, or repair or when a detour shall have been designated
by reason of construction or repairs in progress and Cherokee Nation
shall have determined a maximum safe, careful, and prudent speed shall have
been determined on such highway or highway detour or by the Oklahoma
Transportation Authority on the turnpike or turnpike detour during the period
of such construction, maintenance, or repairs and shall have plainly posted by
changeable message or other appropriate sign at each terminus thereof and at
not less than each half mile along the route thereof such determined maximum
speed, no person shall drive any vehicle upon such portion of such highway or
upon such highway or upon the portion of the turnpike or the turnpike detour
at a speed in excess of the speed so determined and posted. Violation of the
posted speed limit in the repair, maintenance, or construction zone shall result
in the doubling of the appropriate fine. For purposes of this section, ‘‘repair,
maintenance, or construction zone’’ means any location where repair, maintenance,
or construction work is actually in progress and workers present.
D. The Cherokee Nation, Oklahoma Department of Transportation, the
Oklahoma Turnpike Authority, and other local authorities may post, by changeable
message signor other appropriate sign, a temporary reduced speed limit
for special hazards with respect to pedestrians, other traffic, an accident, by
reason of weather or when other hazardous highway conditions exist.
E. Upon the trial of any person charged with a violation of this section,
proof of the determination of the maximum speed by the Department of
Transportation or by the Oklahoma Transportation Authority and the existence
of the signs shall constitute conclusive evidence of the maximum speed which
can be maintained with safety as provided in subsections (B), (C), and (D) of
this section.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-806.1. Reduced speed limit at certain times in school zone
Where any portion of a road, street, or highway is a properly marked school
zone, as indicated with appropriate warning signs placed in accordance with
the latest edition of the Manual on Uniform Traffic Control Devices, and a
reduced speed limit as properly posted, shall be in effect during certain times
due to the presence or potential presence of school children, no person shall
drive any vehicle upon that portion of the highway which is the school zone in
excess of the reduced speed limit so posted when the reduced speed limit is in
effect. Violation of the posted reduced speed limit in the school zone shall
result in the doubling of the appropriate fine.
LA 02-21, eff. Feb. 18, 2021.
§ 11-806.2. Reduced speed limit in toll booth zone
Where any portion of a turnpike is a properly marked toll booth zone, as
indicated with appropriate signs placed in accordance with the latest edition of
the Manual on Uniform Traffic Control Devices, and a reduced speed limit, as
properly posted shall be in effect within the zone, no person shall drive any
vehicle upon that portion of the turnpike which is the toll booth zone in excess
of the reduced speed limit so posted. Violation of the posted reduced speed
limit in the toll booth zone shall result in the doubling of the appropriate fine.
LA 02-21, eff. Feb. 18, 2021.
§ 11-807. Charging violations and rule in civil actions
A. In every charge of violation of any speed regulation in this article, the
complaint, also the summons or notice to appear, shall specify the speed at
which the defendant is alleged to have driven, also the maximum speed
applicable within the district or at the location.
B. The provision of this article declaring maximum speed limitations shall
not be construed to relieve the plaintiff in any action from the burden of
proving negligence on the part of the defendant as the proximate cause of an
accident.
C. Unless another penalty is provided in this title, every person convicted of
violating any provision of Sections 11-801 through 11-806 of this title, shall be
punished as provided in Section 17-101 of this title.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-808. Jammers and speed measuring devices-Use, possession, manufacture,
sale or distribution prohibited-Exemption
A. As used in this section:
1. ‘‘Jammer’’ means any instrument, device, or equipment designed or
intended for use with a vehicle or otherwise to jam or interfere with in any
manner a speed measuring device operated by a law enforcement officer in
the vicinity; and
2. ‘‘Speed measuring device’’ shall include, but is not limited to, devices
commonly known as radar speed meters or laser speed meters.
B. It shall be unlawful for any person to use or possess a jammer.
C. It shall be unlawful to manufacture, advertise for sale, sell or otherwise
distribute any such device in this Nation.
This section shall not apply to any person who lawfully possesses a license
issued by the Federal Communications Commission for the use of a jammer.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-808.1. Unlawful acts-Radar detectors
It shall be unlawful for any person to:
1. Possess, operate or use a radar detector while operating or as a
passenger in a commercial motor vehicle;
2. Operate a commercial motor vehicle in which a radar detector is
installed or present; or
3. Install or have installed a radar detector in a commercial motor
vehicle.
LA 02-21, eff. Feb. 18, 2021.
§ 11-809. Exemptions
The provisions of this act shall not apply to:
1. Any receiver of radio waves of any frequency lawfully licensed by any
state or federal agency;
2. Any such device owned or operated by the federal or state or Nation
government or any political subdivision used by employees thereof in their
official duties, or the sale of any such device to law enforcement agencies
for use in their official duties; or
3. Any citizens band radio.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-810. Points-Convictions for speeding-Holders of commercial driver
licenses
A. Except when the person is the holder of a commercial driver license and
commits the offense while operating any vehicle or when the person who
commits the offense is operating a commercial motor vehicle, the Department
of Public Safety shall not report or assess points to the driving record of any
person, as maintained by the Department, for a conviction of exceeding the
speed limit by at least one (1) mile per hour but not more than ten (10) miles
per hour.
B. Except when the person is the holder of a commercial driver license
committing the offense while operating any vehicle or when the person committing
the offense is operating a commercial motor vehicle, the Department of
Public Safety shall not record or assess points for convictions for traffic
offenses on the driving record of any person as maintained by the Department,
where such conviction is for exceeding the speed limit prescribed in this title,
but not exceeding the speed limit previously in force where the violation
occurred.
C. Except when the person is the holder of a commercial driver license
committing the offense while operating any vehicle or when the person committing
the offense is operating a commercial motor vehicle, the Department of
Public Safety shall not record or assess points against a person for out-of-state
convictions of exceeding the speed limits of that state, provided the person did
not exceed the speed limit previously in force as of January 1, 1974, in the state
where the conviction occurred.
LA 02-21, eff. Feb. 18, 2021.
ARTICLE IX
RECKLESS DRIVING, DRIVING WHILE INTOXICATED
AND NEGLIGENT HOMICIDE
§ 11-901. Reckless driving
A. It shall be deemed reckless driving for any person to drive a motor
vehicle in a careless or wanton manner without regard for the safety of persons
or property or in violation of the conditions outlined in 47 CNCA § 11-801.
B. Every person convicted of reckless driving shall be punished upon a first
conviction by imprisonment for a period of not less than five (5) days nor more
than ninety (90) days, or by a fine of not less than One Hundred Dollars
($100.00) nor more than Five Hundred Dollars ($500.00), or by both such fine
and imprisonment; on a second or subsequent conviction punishment shall be
imprisonment for not less than ten (10) days nor more than six (6) months, or
by fine of not less than One Hundred Fifty Dollars ($150.00) nor more than One
Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
LA 02-91, eff. February 9, 1991. Amended LA 10-13, eff. April 13, 2013; LA 02-21, eff.
Feb. 18, 2021.
§ 11-901a. Reserved
§ 11-901b. Full time and attention to driving
The operator of every vehicle, while driving, shall devote their full time and
attention to such driving. No law enforcement officer shall issue a citation
under this section unless the law enforcement officer observes that the operator
of the vehicle is involved in an accident or observes the operator of the vehicle
driving in such a manner that poses an articulable danger to other persons on
the roadway that is not otherwise specified in statute.
LA 02-21, eff. Feb. 18, 2021.
§ 11-901c. Unlawful use of a cellular telephone
A. It shall be unlawful for any person to operate a commercial motor
vehicle or for a public transit driver to operate a motor vehicle on any street or
highway within this state while:
1. Using a cellular telephone or electronic communication device to write,
send, or read a text-based communication; or
2. Using a hand-held mobile telephone while operating a commercial
motor vehicle.
For the purposes of paragraphs 1 and 2 of this subsection, using a hand-held
mobile telephone is permissible by drivers of a commercial motor vehicle when
necessary to communicate with law enforcement officials, other emergency
services or by a public school bus driver to and from a central dispatch school
transportation department or its equivalent.
B. Any person who violates the provisions of subsection A of this section
shall, upon conviction, be guilty of a misdemeanor punishable by a fine of Five
Hundred Dollars ($500.00).
C. As used in this section:
1. ‘‘Cellular telephone’’ means an analog or digital wireless telephone
authorized by the Federal Communications Commission to operate in the
frequency bandwidth reserved for cellular telephones;
2. ‘‘Electronic communication device’’ means an electronic device that
permits the user to manually transmit a communication of written text by
means other than through an oral transfer or wire communication. This
term does not include a voice-activated global positioning or navigation
system that is affixed to a motor vehicle;
3. ‘‘Operate’’ means operating on a street or highway, including while
temporarily stationary because of traffic, a traffic control device or other
momentary delays. Operating does not include when the driver of a
commercial motor vehicle has moved the vehicle to the side of or off a
street or highway and has halted in a location where the vehicle can safely
remain stationary;
4. ‘‘Public transit driver’’ means:
a. any operator of a public transit vehicle owned and operated by the
State of Oklahoma, any public trust authority, county, municipality,
town or city within this state,
b. any operator of a school bus or multi-passenger motor vehicle
owned and approved to operate by the State Department of Education
or any school district within this state, or
c. any operator, conductor or driver of a locomotive engine, railway
car or train of cars; and
5. ‘‘Write, send, or read a text-based communication’’, also known as
texting, means manually entering alphanumeric text into, sending text, or
reading text from, an electronic device, and includes, but is not limited to,
short message service (SMS), emailing, instant messaging (IM), a command
or request to access a World Wide Web page, or engaging in any
other form of electronic text retrieval or entry, for present or future
communication. As used in this paragraph, texting does not include:
a. using voice commands to select or enter a telephone number, an
extension number, or voicemail retrieval codes and commands into an
electronic device for the purpose of initiating or receiving a phone call,
b. inputting, selecting, or reading information on a global positioning
system or navigation system, or
c. using a device capable of performing multiple functions for a
purpose that is not otherwise prohibited in this part, including, but not
limited to, fleet management systems, dispatching devices, smart
phones, citizens band radios, and music players.
D. This act shall not apply to railroads and railroad operating employees
regulated by the Federal Railroad Administration.
LA 02-21, eff. Feb. 18, 2021.
§ 11-901d. Text messaging-Penalties
A. It shall be unlawful for any person to operate a motor vehicle on any
street or highway within this state while using a handheld electronic communication
device to manually compose, send or read an electronic text message
while the motor vehicle is in motion.
B. Any person who violates the provisions of subsection A of this section
shall, upon conviction, be punished by a fine of not more than One Hundred
Dollars ($100.00).
C. The Department of Public Safety shall not record or assess points for
violations of this section on any license holder’s traffic record maintained by
the Department.
D. The provisions of subsection A of this section shall not apply if the person
is using the cellular telephone or electronic communication device for the sole
purpose of communicating with any of the following regarding an imminent
emergency situation:
1. An emergency response operator;
2. A hospital, physician’s office or health clinic;
3. A provider of ambulance services;
4. A provider of firefighting services; or
5. A law enforcement agency.
E. Municipalities may enact and municipal police officers may enforce
ordinances prohibiting and penalizing conduct under the provisions of this
section. The provisions of such ordinances shall be the same as provided for in
this section; the enforcement provisions of those ordinances shall not be more
stringent than those of this section; and the fine and court costs for municipal
ordinance violations shall be the same or a lesser amount as provided for in this
section.
F. For the purpose of this section:
1. ‘‘Cellular telephone’’ means an analog or digital wireless telephone
authorized by the Federal Communications Commission to operate in the
frequency bandwidth reserved for cellular telephones;
2. ‘‘Compose’’, ‘‘send’’ or ‘‘read’’ with respect to a text message means
the manual entry, sending or retrieval of a text message to communicate
with any person or device;
3. ‘‘Electronic communication device’’ means an electronic device that
permits the user to manually transmit a communication of written text by
means other than through an oral transfer or wire communication. This
term does not include:
a. a device that is physically or electronically integrated into a motor
vehicle,
b. a voice-operated global positioning or navigation system that is
affixed to a motor vehicle,
c. a hands-free device that allows the user to write, send or read a
text message without the use of either hand except to activate, deactivate
or initiate a feature or function, or
d. an ignition interlock device that has been installed on a motor
vehicle; and
4. ‘‘Text message’’ includes a text-based message, instant message, electronic
message, photo, video or electronic mail.
LA 02-21, eff. Feb. 18, 2021.
§ 11-902. Persons under the influence of alcohol or other intoxicating
substance or combination thereof
A. It is unlawful and punishable as provided in this section for any person to
drive, operate, or be in actual physical control of a motor vehicle within this
nation, whether upon public roads, highways, streets, turnpikes, other public
places or upon any private road, street, alley or lane which provides access to
one or more single or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in 47 CNCA § 756,
of eight-hundredths (0.08) or more at the time of a test of such person’s blood
or breath administered within two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled substance, as
defined in Section 2204 of Title 21 of the Cherokee Nation Code Annotated, or
one of its metabolites or analogs in the person’s blood, saliva, urine or any
other bodily fluid at the time of a test of such person’s blood, saliva, urine or
any other bodily fluid administered within two (2) hours after the arrest of such
person;
4. Is under the influence of any intoxicating substance other than alcohol
which may render such person incapable of safely driving or operating a motor
vehicle; or
5. Is under the combined influence of alcohol and any other intoxicating
substance which renders such person incapable of safely driving or operating a
motor vehicle.
B. The fact that any person charged with a violation of this section is or has
been lawfully entitled to use alcohol or a controlled dangerous substance or any
other intoxicating substance shall not constitute a defense against any charge of
violating this section.
As used in this title, the term ‘‘other intoxicating substance’’ shall mean any
controlled dangerous substance as defined in the Uniform Controlled Dangerous
Substances Act, 21 CNCA § 2101 et seq., and 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 functions.
C. 1. Every person who is convicted of a violation of the provisions of this
section shall be deemed guilty of a crime for the first offense and shall: a)
participate in a substance abuse assessment and evaluation approved by the
District Court and shall follow all recommendations made in the assessment
and evaluation, b) be punished by imprisonment in jail for not less than ten (10)
days nor more than one (1) year, and c) be fined not more than One Thousand
Dollars ($1,000.00).
2. Any person who within ten (10) years following the completion of the
execution of any sentence or deferred judgment for a violation of this
section or a violation pursuant to the provisions of any law of any state
prohibiting the offenses provided in subsection (A) of this section and is
convicted of a second or subsequent offense pursuant to the provisions of
this section or has a prior conviction in a municipal criminal court of
record for the violation of a municipal ordinance prohibiting the offense
provided for in subsection (A) of this section shall be deemed guilty of a
crime and shall be sentenced to: a) participate in a substance abuse
assessment and evaluation approved by the District Court and shall follow
all recommendations made in the assessment and evaluation at the defendant’s
expense, or b) incarceration for not less than one (1) year and not to
exceed three (3) years and a fine of not more than Two Thousand Five
Hundred Dollars ($2,500.00), or c) treatment, imprisonment and a fine
within the limitations prescribed in subparagraphs a and b of this paragraph.
However, if the treatment recommended for the defendant does
not include residential or inpatient treatment for a period of not less than
ten (10) days, the person shall serve a term of imprisonment of at least ten
(10) days.
3. Any person who is convicted of a third or subsequent offense pursuant
to the provisions of this section or a violation pursuant to the provisions of
any law of any state or a violation pursuant to the provisions of any law of
any federally-recognized Indian tribe shall participate in a substance abuse
assessment and evaluation as approved by the District Court and shall be
sentenced to: a) follow all recommendations made in the substance abuse
assessment and evaluation at the defendants expense, followed by not less
than one (1) year of supervision and periodic testing at the defendants
expense, four hundred eighty (480) hours of community service, and use of
an ignition interlock device, or b) incarceration for not less than one (1)
year and not more than three (3) years and a fine of not more than Five
Thousand Dollars ($5,000.00), or c) treatment, imprisonment and a fine
within the limitations prescribed in subparagraphs a and b of this paragraph.
However, if the person does not undergo residential or inpatient
treatment the person shall serve a term of imprisonment of at least ten (10)
days.
D. Any person who is found guilty of a violation of the provisions of this
section may be referred, prior to sentencing, to an alcoholism evaluation facility
designated by the Department of Mental Health and Substance Abuse Services
for the purpose of evaluating the receptivity to treatment and prognosis of the
person. The Court shall order the person to reimburse the facility for the
evaluation in an amount not to exceed Seventy-five Dollars ($75.00). The
facility shall, within seventy-two (72) hours, submit a written report to the
Court for the purpose of assisting the Court in its final sentencing determination.
LA 2-91, eff. February 9, 1991. Amended LA 10-13, eff. April 13, 2013; LA 02-21, eff.
Feb. 18, 2021.
§ 11-902a. Allowing use of motor vehicle without ignition interlock device-
Disabling or disconnecting device
A. No person shall knowingly authorize or permit a motor vehicle owned or
under the control of that person which is not equipped with an ignition
interlock device to be driven upon any street or highway of this state by any
person who is required to have an ignition interlock device installed upon the
vehicle of that person.
B. No person shall willfully attempt to interfere in any way with the
intended and proper functioning of an ignition interlock device installed in a
vehicle as required by law, or intentionally fail to return an ignition interlock
device when it is no longer required in the vehicle or upon request by the
owner of the device.
C. No person granted permission to drive a motor vehicle on the condition
of installation of an ignition interlock device shall drive any vehicle that is not
equipped with an ignition interlock device unless driving a vehicle of an
employer in accordance with subsection A of Section 6-212.3 of this title.
D. A violation of subsection A, B or C of this section shall be a misdemeanor
and shall be punishable by a fine of not more than Five Hundred Dollars
($500.00), or by imprisonment in the county jail for not more than six (6)
months, or by both such fine and imprisonment.
LA 02-21, eff. Feb. 18, 2021.
§ 11-902b. [Reserved]
§ 11-902c. Reserved
§ 11-902d. Impaired driver database
In any case in which a person is arrested for driving under the influence of
alcohol or any other intoxicating substance, an impaired driver arrest report
shall be completed by the law enforcement officer that made the arrest and
shall be entered into the impaired driver database, in the form and format of
the impaired driver arrest report as prescribed by the Commissioner of the
Department of Public Safety.
LA 02-21, eff. Feb. 18, 2021.
§ 11-902.1. Course for drinking drivers
As used in sections 11-902.2 through 11-902.4 of this title:
1. ‘‘Alcohol and drug substance abuse course’’ means a course certified by the
Department of Mental Health and Substance Abuse Services designed to inform
the offender about alcohol or other drugs and driving, and encourages the
participants to reassess their use of alcohol or other drugs, and driving
behavior, in order to select practical alternatives.
2. ‘‘Satisfactory completion of a course’’ means that the institution or agency
conducting the course certifies to the Department of Public Safety that the
participant has successfully completed the requirements of the course.
3. ‘‘Alcohol and drug substance abuse treatment program’’ means a program
designated by the Department of Mental Health and Substance Abuse Services
for the treatment of alcohol and drug abuse, or alcoholism and drug dependency.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-902.2. Sentence and punishment-Conditional participation in alcohol
and drug substance abuse course or program
Except as otherwise provided by law, in any case in a court of proper
jurisdiction wherein the defendant is charged with actual physical control of or
operation of a motor vehicle while under the influence of or impaired by
alcohol or a drug, the Court may:
A. Upon a plea of guilty or nolo contendere, or stipulation by the defendant, or
a verdict, but before a judgment of guilt is entered, without entering a judgment
of guilt and with the consent of the defendant, defer further proceedings upon
the condition that the defendant enroll in, attend and successfully complete, at
his or her own expense, an alcohol and drug substance abuse course or an
alcohol and drug substance abuse treatment program , or both as identified by
an assessment conducted by a certified assessor; or
B. Upon a conviction, suspend the execution of sentence, with or without
probation, upon the condition that the defendant enroll in, attend and successfully
complete, at his or her own expense an alcohol and drug substance abuse
course or an alcohol and drug substance abuse treatment program as provided
by Section 11-902.3 of this title.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-902.3. Authorized course providers-Fees-Course requirements
A. Courses for drinking drivers shall be offered only by nonprofit educational
institutions of higher learning, governmental or nonprofit organizations.
B. Enrollment fees for those attending the courses may be set by the Department
of Mental Health and Substance Abuse Services within a range of not less
than Sixty-five Dollars ($65.00) and not more than:
1. One Hundred Fifty Dollars ($150.00) for a ten-hour course; and
2. Three Hundred Sixty Dollars ($360.00) for a twenty-four-hour course.
C. Enrollment in the course shall not be limited to persons ordered to enroll,
attend and successfully complete the course under the provisions of 47 CNCA
§ 11-902.2.
D. All alcohol and drug substance abuse courses related to driver license
revocation and course facilitators shall be approved and certified by the
Department of Mental Health and Substance Abuse Services.
E. Any rules promulgated by the Department of Mental Health governing:
1. Minimum curriculum requirements for such courses;
2. Facilities, equipment and instructional materials for such courses;
3. Minimum qualifications for course facilitators;
4. Grounds for reprimand and for revocation, suspension or nonrenewal
of the authority to conduct such courses and for revocation of a facilitator’s
certification;
5. Attendance requirements; and
6. Guidelines for certifying to the Department of Mental Health and
Substance Abuse Services and the Department of Public Safety successful
completion of such course,
shall be applicable within the Cherokee Nation for the purposes of this title.
F. Any institution conducting a course for drinking drivers shall notify the
prosecutor and the court of all persons who successfully complete such course
as a condition to a deferred or suspended sentence pursuant to 47 CNCA
§ 11-902.2.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-902.4. Operating or being in actual physical control of motor vehicle
while under the influence while under age-Penalties
A. It is unlawful, and punishable as provided in subsection (B) of this section,
for any person under twenty-one (21) years of age to drive, operate, or be in
actual physical control of a motor vehicle within this Nation who:
1. has any measurable quantity of alcohol in the person’s blood or breath
at the time of a test administered within two (2) hours after an arrest of the
person;
2. exhibits evidence of being under the influence of any other intoxicating
substance as shown by analysis of a specimen of the person’s blood, breath,
saliva, or urine in accordance with the provisions of 47 O.S. § 752; or
3. exhibits evidence of the combined influence of alcohol and any other
intoxicating substance.
B. Any person under twenty-one (21) years of age who violates any provision
of this section shall be subject to the seizure of the driver license of that person
at the time of arrest or detention and the person, upon conviction, shall be
guilty of operating or being in actual physical control of a motor vehicle while
under the influence while under age and shall be punished:
1. for a first conviction, by:
a. a fine of not less than One Hundred Dollars ($100.00) nor more
than Five Hundred Dollars ($500.00),
b. assignment to and completion of twenty (20) hours of community
service,
c. requiring the person to attend and complete a treatment program,
or
d. any combination of fine, community service, or treatment;
2. upon a second conviction, by:
a. assignment to and completion of not less than two hundred forty
(240) hours of community service, and
b. the requirement, after the conclusion of the mandatory revocation
period, to install an ignition interlock device or devices for a period of
not less than thirty (30) days.
In addition, a second conviction may be punished by a fine of not less than
One Hundred Dollars ($100.00) nor more than One Thousand Dollars
($1,000.00), or by requiring the person to attend and complete a treatment
program, as recommended by the assessment required pursuant to subparagraph
c of paragraph 2 of subsection (D) of this section, or by both; or
3. upon a third or subsequent conviction, by:
a. assignment to and completion of not less than four hundred eighty
(480) hours of community service, and
b. the requirement, after the conclusion of the mandatory revocation
period, to install an ignition interlock device or device for a period of
not less than thirty (30) days.
In addition, a third or subsequent conviction may be punished by a fine of
not less than One Hundred Dollars ($100.00) nor more than Two Thousand
Dollars ($2,000.00), or by requiring the person to attend and complete a
treatment program, as recommended by the assessment required pursuant
to subparagraph c of paragraph 2 of subsection (D) of this section, or by
both.
C. The Court may assess additional community service hours in lieu of any
fine specified in this section.
D. In addition to any penalty or condition imposed pursuant to the provisions
of this section, the person shall be subject to:
1. upon a first conviction:
a. the cancellation or denial of driving privileges as ordered by the
Court,
b. the continued installation of an ignition interlock device or devices,
at the expense of the person after the mandatory period of cancellation,
denial or revocation of driving privileges;
2. upon a second or subsequent conviction:
a. the cancellation or denial of driving privileges,
b. an assessment of the person’s degree of alcohol abuse, which may
result in treatment as deemed appropriate by the Court, and
c. the continued installation of an ignition interlock device or devices,
at the expense of the person, after the mandatory period of cancellation,
denial or revocation of driving privileges.
E. Nothing in this section shall be construed to prohibit the filing of charges
pursuant to 47 CNCA § 11-902 when the facts warrant.
F. As used in this section:
1. The term ‘‘conviction’’ includes a juvenile delinquency adjudication by
a court; and
2. The term ‘‘revocation’’ includes the cancellation or denial of driving
privileges by any states Department of Public Safety.
LA 10-13, eff. April 13, 2013; LA 02-21, eff. Feb. 18, 2021.
§ 11-903. Negligent homicide
A. When the death of any person ensues within one (1) year as a proximate
result of injury received by the driving of any vehicle by any person sixteen (16)
years of age or older in reckless disregard of the safety of others, the person so
operating such vehicle shall be guilty of negligent homicide.
B. Any person convicted of negligent homicide shall be guilty of a misdemeanor
punishable by imprisonment in the county jail for not more than one (1) year
or by fine of not less than One Thousand Dollars ($1,000.00), or by both such
fine and imprisonment.
In addition to the fine or penalty, the court shall order the person to attend a
driver improvement or defensive driving course, as provided in Section 6-206.1
of this title. Furthermore, if the records of the Department of Public Safety for
the person reflect a conviction for any traffic offense within the three (3) years
immediately preceding the conviction for negligent homicide, the fine shall be
enhanced to double the amount of the fine imposed pursuant to this subsection.
C. The Cherokee Nation shall report any conviction under this section to the
Commissioner of Public Safety for revocation of the convicted person’s license
or permit to drive and any nonresident operating privilege of any person
convicted of negligent homicide.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-904. Person involved in personal injury accident while under influence
of alcohol or other intoxicating substance-Causing great
bodily injury
A. Any person who is involved in a personal injury accident while driving or
operating a motor vehicle within this Nation and who is in violation of the
provisions of 47 CNCA § 11-902(A) may be charged with a violation of the
provisions of this subsection as follows:
1. Any person who is convicted of a violation of the provisions of this
subsection shall be deemed guilty of a crime.
2. Any person who is convicted of a second or subsequent violation of the
provisions of this subsection shall be deemed guilty of a guilty of a 1 misdemeanor
for the first offense and shall be punished by imprisonment in the
county jail for not more than one (1) year, and a fine of not more than Two
Thousand Five Hundred Dollars ($2,500.00); and
B. 1. Any person who causes an accident resulting in great bodily injury to
any person other than himself while driving or operating a motor vehicle within
this state and who is in violation of the provisions of subsection (A) of 47 CNCA
§ 11-902 may be charged with a violation of the provisions of this subsection.
Any person who is convicted of a violation of the provisions of this subsection
shall be deemed guilty of a felony punishable by imprisonment for not more
than three (3) years or a fine of not more than Fifteen Thousand Dollars
($15,000.00), or by both such fine and imprisonment.
2. As used in this subsection, ‘‘great bodily injury’’ means bodily injury which
creates a substantial risk of death or which causes serious, permanent disfigurement
or protracted loss or impairment of the function of any bodily member
or organ.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
1 So in original.
§ 11-905. Person involved in personal injury accident without a valid
driver license-Causing great bodily injury-Causing death
A. Any person who, while operating a vehicle in this state without a valid
driver license for the class of vehicle being operated, or while knowingly
disqualified to operate a motor vehicle in this state, or while such person knows
or should have known that his or her driver license is canceled, denied,
suspended or revoked, causes an accident which results in personal injury to
any other person, may be charged with a violation of the provisions of this
subsection. Any person who is convicted of a violation of the provisions of this
subsection shall be deemed guilty of a misdemeanor punishable by imprisonment
for a term not more than one (1) year, or by a fine in an amount not
exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
B. 1. Any person who, while operating a vehicle in this state without a
valid driver license for the class of vehicle being operated, or while knowingly
disqualified to operate a motor vehicle in this state, or while such person knows
or should have known that his or her driver license is canceled, denied,
suspended or revoked, causes an accident resulting in great bodily injury to any
other person, may be charged with a violation of the provisions of this
subsection. Any person who is convicted of a violation of the provisions of this
subsection shall be deemed guilty of a felony punishable by imprisonment for a
term not more than three (3) years, or by a fine in an amount not exceeding
Fifteen Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
2. As used in this subsection, ‘‘great bodily injury’’ means bodily injury
which creates a substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function of any
bodily member or organ.
C. Any person who, while operating a vehicle in this state without a valid
driver license for the class of vehicle being operated, or while knowingly
disqualified to operate a motor vehicle in this state, or while such person knows
or should have known that his or her driver license is canceled, denied,
suspended or revoked, causes an accident resulting in the death of any other
person, may be charged with a violation of the provisions of this subsection.
Any person who is convicted of a violation of the provisions of this subsection
shall be deemed guilty of a felony punishable by imprisonment for a term not
more than three (3) years, or by a fine in an amount not exceeding Fifteen
Thousand Dollars ($15,000.00), or by both such fine and imprisonment.
D. The provisions of this section may be charged in addition to any other
chargeable offense allowed by law.
LA 02-21, eff. Feb. 18, 2021.
§ 11-906.1. Reserved
§ 11-906.2. Reserved
§ 11-906.3. Reserved
§ 11-906.4. Operating or being in actual physical control of motor vehicle
while under the influence while under age-Penalties
A. It is unlawful, and punishable as provided in subsection B of this section,
for any person under twenty-one (21) years of age to drive, operate, or be in
actual physical control of a motor vehicle within this state who:
1. Has any measurable quantity of alcohol in the person’s blood or breath
at the time of a test administered within two (2) hours after an arrest of the
person;
2. Exhibits evidence of being under the influence of any other intoxicating
substance as shown by analysis of a specimen of the person’s blood, breath,
saliva, or urine in accordance with the provisions of Sections 752 and 759
of this title; or
3. Exhibits evidence of the combined influence of alcohol and any other
intoxicating substance.
B. Any person under twenty-one (21) years of age who violates any provision
of this section shall be subject to the seizure of the driver license of that
person at the time of arrest or detention and the person, upon conviction, shall
be guilty of operating or being in actual physical control of a motor vehicle
while under the influence while under age and shall be punished:
1. For a first conviction, by:
a. a fine of not less than One Hundred Dollars ($100.00) nor more
than Five Hundred Dollars ($500.00),
b. assignment to and completion of twenty (20) hours of community
service,
c. requiring the person to attend and complete a treatment program,
or
d. any combination of fine, community service, or treatment;
2. Upon a second conviction, by:
a. assignment to and completion of not less than two hundred forty
(240) hours of community service, and
b. the requirement, after the conclusion of the mandatory revocation
period, to install an ignition interlock device or devices, as provided by
subparagraph n of paragraph 1 of subsection A of Section 991a of Title
22 of the Oklahoma Statutes, for a period of not less than thirty (30)
days.
In addition, a second conviction may be punished by a fine of not less than
One Hundred Dollars ($100.00) nor more than One Thousand Dollars
($1,000.00), or by requiring the person to attend and complete a treatment
program, as recommended by the assessment required pursuant to subparagraph
c of paragraph 2 of subsection D of this section, or by both; or
3. Upon a third or subsequent conviction, by:
a. assignment to and completion of not less than four hundred eighty
(480) hours of community service, and
b. the requirement, after the conclusion of the mandatory revocation
period, to install an ignition interlock device or devices, as provided by
subparagraph n of paragraph 1 of subsection A of Section 991a of Title
22 of the Oklahoma Statutes, for a period of not less than thirty (30)
days.
In addition, a third or subsequent conviction may be punished by a fine of
not less than One Hundred Dollars ($100.00) nor more than Two Thousand
Dollars ($2,000.00), or by requiring the person to attend and complete a
treatment program, as recommended by the assessment required pursuant
to subparagraph c of paragraph 2 of subsection D of this section, or by
both.
C. The court may assess additional community service hours in lieu of any
fine specified in this section.
D. In addition to any penalty or condition imposed pursuant to the provisions
of this section, the person shall be subject to:
1. Upon a first conviction
a. the cancellation or denial of driving privileges as ordered by the
court pursuant to subsection B of Section 6-107.1 of this title,
b. the mandatory revocation of driving privileges pursuant to Section
6-205.1, 753 or 754 of this title, which revocation period may be
modified as provided by law, and
c. the continued installation of an ignition interlock device or devices,
at the expense of the person, as provided in subsection D of Section
6-212.3 of this title, after the mandatory period of cancellation, denial
or revocation for a period as provided in paragraph 1 of subsection A
of Section 6-212.3 of this title;
2. Upon a second conviction:
a. the cancellation or denial of driving privileges, as ordered by the
court pursuant to subsection B of Section 6-107.2 of this title,
b. the mandatory revocation of driving privileges pursuant to Section
6-205.1, 753 or 754 of this title, which period may be modified as
provided by law,
c. an assessment of the person’s degree of alcohol abuse, in the same
manner as prescribed in subsection H of Section 11-902 of this title,
which may result in treatment as deemed appropriate by the court, and
d. the continued installation of an ignition interlock device or devices,
at the expense of the person, as provided in subsection D of Section
6-212.3 of this title, after the mandatory period of cancellation, denial
or revocation for a period as provided in paragraph 2 of subsection A
of Section 6-212.3 of this title; and
3. Upon a third or subsequent conviction:
a. the cancellation or denial of driving privileges as ordered by the
court pursuant to subsection B of Section 6-107.2 of this title,
b. the mandatory revocation of driving privileges pursuant to Section
6-205.1, 753 or 754 of this title, which period may be modified as
provided by law,
c. an assessment of the person’s degree of alcohol abuse, in the same
manner as prescribed in subsection H of Section 11-902 of this title,
which may result in treatment as deemed appropriate by the court, and
d. the continued installation of an ignition interlock device or devices,
at the expense of the person, as provided in subsection D of Section
6-212.3 of this title, after the mandatory period of cancellation, denial,
or revocation for a period as provided in paragraph 3 of subsection A
of Section 6-212.3 of this title.
E. Nothing in this section shall be construed to prohibit the filing of charges
pursuant to Section 761 or 11-902 of this title when the facts warrant.
F. As used in this section:
1. The term ‘‘conviction’’ includes a juvenile delinquency adjudication by
a court; and
2. The term ‘‘revocation’’ includes the cancellation or denial of driving
privileges by the Department.
LA 02-21, eff. Feb. 18, 2021.
ARTICLE X
STOPPING, STANDING AND PARKING
§ 11-1001. Stopping, standing or parking outside of business or residence
districts
A. 1. Upon any highway outside of a business or residence district no person
shall stop, park or leave standing any vehicle, whether attended or unattended,
upon the paved or main-traveled part of the highway when it is practicable to
stop, park or so leave such vehicle off such part of said highway, but in every
event an unobstructed width of the highway opposite a standing vehicle shall be
left for the free passage of other vehicles and a clear view of such stopped
vehicles shall be available from a distance of two hundred (200) feet in each
direction upon such highway.
2. As used in this section and Section 11-1002 of this title, ‘‘highway’’
means any public road, street, or turnpike used for vehicular travel.
B. 1. The owner or operator of a vehicle or its cargo which obstructs the
regular flow of traffic shall make every reasonable effort to remove the
obstructing vehicle or cargo from the roadway so the regular flow of traffic is
not blocked. This subsection shall not apply to collisions resulting in the injury
or death of any person.
2. This subsection shall not apply to vehicles transporting ‘‘hazardous
materials’’ as defined in paragraph 5 of Section 230.3 of this title.
3. Nothing in this subsection shall be construed to relieve any person
from complying with Section 10-103 of this title.
4. Any person violating this subsection shall, upon conviction, be guilty of
a misdemeanor and shall be punished as provided for in Section 17-101 of
this title.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1002. Officers authorized to remove illegally stopped vehicle
A. Whenever any police officer finds a vehicle standing upon a highway in
violation of any of the provisions of 47 CNCA § 11-1001, such officer is hereby
authorized to move such vehicle, or require the driver or other person in
charge of the vehicle to move the same, to a position off the paved or maintraveled
part of such highway.
B. 1. Law enforcement officers, using reasonable care, may remove from the
roadway to the nearest safe place any disabled or damaged vehicle or cargo as
described in subsection B of Section 11-1001 of this title.
2. Absent a showing of gross negligence, the law enforcement officer, the
employing agency, or any person acting under the direction of the law
enforcement officer is not liable for damage to a vehicle or damage or loss
to any portion of the contents or cargo of the vehicle when carrying out the
provisions of this subsection.
C. Whenever any police officer finds a vehicle unattended upon any bridge or
causeway or in any underpass where such vehicle constitutes an obstruction to
traffic, such officer is hereby authorized to provide for the removal of such
vehicle to the nearest garage or other place of safety.
D. When any vehicle is left standing or abandoned upon a highway in
violation of this section and at such a place or in such manner as to interfere or
prevent the maintenance of said highway, the appropriate authority may
remove such vehicle or request the driver or other persons in charge thereof to
move the same to some place of safety off the highway with charge to the owner
of the vehicle.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1003. Stopping, standing or parking prohibited in specified places
A. Except as otherwise provided in subsection B of this section, no person
shall stop, stand or park a vehicle, except when necessary to avoid conflict with
other traffic or in compliance with law or the directions of a police officer or
traffic-control device, in any of the following places:
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within fifteen (15) feet of a fire hydrant, or if in an area serviced by a
volunteer fire department, within thirty (30) feet of a fire hydrant if the
governing body of the area so adopts by ordinance;
4. Within an intersection;
5. On a crosswalk;
6. Within twenty (20) feet of a crosswalk at an intersection;
7. Within thirty (30) feet upon the approach to any flashing beacon, stop
sign or traffic-control signal located at the side of a roadway;
8. Between a safety zone and the adjacent curb or within thirty (30) feet
of points on the curb immediately opposite the ends of a safety zone, unless
the authority having jurisdiction indicates a different length by signs or
markings;
9. Within fifty (50) feet of the nearest rail of a railroad crossing;
10. Within twenty (20) feet of the driveway entrance to any fire station
and on the side of a street opposite the entrance to any fire station within
seventy-five (75) feet of said entrance (when properly sign posted);
11. Alongside or opposite any street excavation or obstruction when
stopping, standing or parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or parked at the edge or
curb of a street;
13. Upon any bridge or other elevated structure upon a highway or within
a highway underpass;
14. At any place where official signs prohibit stopping.
B. No person engaging in the collection and disposal of solid waste or
recycling material or both as a business, pursuant to the provisions of the
Oklahoma Solid Waste Management Act, shall stop, stand or park a vehicle,
except when necessary to avoid conflict with other traffic or in compliance with
law or the directions of a police officer or traffic-control device, in any of the
following places:
1. On a sidewalk;
2. Within an intersection;
3. Alongside or opposite any street excavation or obstruction when stopping,
standing or parking would obstruct traffic;
4. Upon any bridge or other elevated structure upon a highway or within
a highway underpass; or
5. At any place where official signs prohibit stopping.
C. No person shall move a vehicle not lawfully under his control into any such
prohibited area or away from a curb such distance as is unlawful.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1004. Additional parking regulations
A. Except as otherwise provided in this section, every vehicle stopped or
parked upon a roadway where there are adjacent curbs shall be so stopped or
parked with the right-hand wheels of such vehicle parallel to and within
eighteen (18) inches of the right-hand curb.
B. Local authorities may by ordinance permit parking of vehicle with the lefthand
wheels adjacent to and within eighteen (18) inches of the left-hand curb of
a one-way roadway.
C. Local authorities may by ordinance permit angle parking on any roadway,
except that angle parking shall not be permitted on any federal-aid or state
highway unless Cherokee Nation has determined that the roadway is of sufficient
width to permit angle parking without interfering with the free movement
of traffic.
D. Cherokee Nation and the Oklahoma Department of Highways with respect
to highways under its appropriate jurisdiction may place signs prohibiting or
restricting the stopping, standing or parking of vehicles on any highway where
such stopping, standing or parking is dangerous to those using the highway or
where the stopping, standing or parking of vehicles would unduly interfere with
the free movement of traffic thereon. Such signs shall be official signs and no
person shall stop, stand or park any vehicle in violation of the restrictions
stated on such signs.
E. A person engaging in the collection and disposal of solid waste or recycling
material or both as a business, pursuant to the provisions of the Oklahoma
Solid Waste Management Act, shall be exempt from the provisions of subsections
A and B of this section while in the performance of such activities.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1005. Authorized emergency vehicles; vehicles used in construction
or maintenance of highways-Excepted from certain provisions
Provisions of this article shall not apply to authorized emergency vehicles or to
vehicles or machinery used in the construction or maintenance of highways,
and such vehicles or machinery may be operated on any part of the road,
whether same is open to traffic or closed, when such operation is necessary in
the maintenance or construction of said highway; provided, that the Department
of Highways or Cherokee Nation shall protect all such operations with
adequate warnings, signs, signals, lights, devices, or flagmen.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1006. Parking of vehicles on posted private property-Penalty-Liability
of landowner
A. It shall be unlawful to place or park a motor vehicle or a trailer upon the
posted private property of another, without first obtaining permission from the
landowner or the person in charge of such property, except where said placing
or parking is casual or involuntary.
B. Violation of the terms of this section shall be considered to be a misdemeanor
and upon conviction violators shall be fined not to exceed Twenty
Dollars ($20.00) and, in addition thereto, shall pay any and all reasonable and
necessary charges incurred by the landowner or other person in having any
vehicle or trailer removed from his property and stored.
C. The landowner or person in charge of the land shall not be liable for any
damages which may occur to a trespassing vehicle or trailer under the terms of
this section, while the same is trespassing or while it is being removed from his
property, or while it is in storage.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1007. Placing or parking vehicle in parking space designated and
posted for physically-disabled persons-Penalties-Reciprocity
agreements
A. 1. It shall be unlawful for any person to place or park a motor vehicle in
any parking space that is designated and posted as a reserved area for the
parking of a motor vehicle operated by or transporting a physically disabled
person unless such person has applied for and been issued a detachable placard
indicating physical disability under the provisions of Section 15-112 of this
title, and such placard is displayed as provided in Section 15-112 of this title or
in rules adopted pursuant thereto, or has applied for and been issued a
physically disabled license plate pursuant to the provisions of Section 1135.1 or
1135.2 of this title, and such license plate is displayed pursuant to the provisions
of the Oklahoma Vehicle License and Registration Act.
2. It shall also be unlawful for any person to place or park a motor
vehicle, whether with or without a physically disabled placard or plate, in
any disabled parking space access aisle, wheelchair ramp, wheelchair
loading/unloading area or any portion thereof.
B. 1. Violation of these provisions shall be a misdemeanor and upon conviction
the person shall be fined Five Hundred Dollars ($500.00). Provided, any
person cited for a first offense of a violation of this section who has displayed a
placard which has expired pursuant to paragraph 4 or 5 of subsection D of
Section 15-112 of this title shall be entitled to dismissal of such charge and
shall not be required to pay the fine or court costs if the person presents to the
court within thirty (30) days of the issuance of the citation a notice from the
Department of Public Safety that the person has obtained a valid placard
pursuant to the provisions of subsection D of Section 15-112 of this title.
2. In addition, vehicles unlawfully parked in violation of these provisions
shall be subject to immediate tow by a licensed tow truck operator at the
request of the landowner or a duly appointed agent of the landowner, at
the request of any person unable to lawfully gain access to or move their
vehicle, at the request of any person unable to lawfully gain access to the
area blocked by the unlawfully parked vehicle, or at the request of appropriate
law-enforcement personnel. The owner of any vehicle unlawfully
parked in violation of these provisions shall pay any and all reasonable and
necessary costs associated with towing and storage of the vehicle.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1008. Power of Cherokee Nation Marshal’s Office to enforce act
The Cherokee Nation Marshal’s Office may enact and enforce any ordinance,
rule or regulation adopted in conformity with this title. Such enactments shall
also authorize the Nation to investigate accidents on private property where the
public is invited or on public property.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§§ 11-1009-1011. Reserved
§ 11-1012. Parking meters-Exemption
In counties with a population over five hundred thousand (500,000) according
to the last decennial census, marked and unmarked law enforcement vehicles
or any vehicle which a law enforcement officer is using in an official capacity
shall be exempt from paying a parking meter while parked on a city street.
LA 02-21, eff. Feb. 18, 2021.
ARTICLE XI
MISCELLANEOUS RULES
§ 11-1101. Unattended motor vehicle
The person driving or in charge of a motor vehicle shall not permit it to stand
unattended without first stopping the engine, and effectively setting the brake
thereon and, when standing upon any grade, turning the front wheels to the
curb or side of the highway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1102. Limitations on backing
No vehicle shall be backed upon any street or highway except for such distance
as may be necessary to permit the vehicle to enter the proper driving lane from
a parked position. Such backing shall be done only after the driver of said
vehicle has ascertained that such movement can be made without endangering
other traffic.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1103. Motorcycles, motor-drive cycles, motorized scooters, or motorized
bicycles-Restrictions on transporting any other person
A. No person under the age of sixteen (16) years shall drive a motorcycle,
motor-driven cycle, motorized scooter, or motorized bicycle on any highway of
this state a motor bicycle while transporting any other person.
B. The operator of more than one (1) passenger, except a motorcycle,
motor-driven cycle, motorized scooter, or motorized bicycle who has attained
the age of sixteen (16) years or older may carry a passenger if the vehicle has a
wheel diameter of twelve (12) inches or greater and is factory designed and
equipped with either:
1. A double seating device with double foot rests; or
2. A sidecar attachment providing a separate seat space within such
sidecar attachment or motorbicycle factory-designed for each person riding
therein so that such person shall be seated entirely within the body of said
sidecar.
C. No rider of a motorcycle, motor-driven cycle, motorized scooter, or
motorized bicycle shall hold to any moving vehicle for the purpose of being
propelled carrying additional passengers.
D. No driver of a motorcycle, motor-driven cycle, motorized scooter, motorized
bicycle, or electric-assisted bicycle shall pass other vehicles between lanes
of traffic traveling in the same direction. This subsection shall not apply to the
operator of an authorized emergency vehicle.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1104. Obstruction to driver’s view or control-Overloading school
bus
A. No person shall drive a vehicle when it is so loaded, or when there are in
the front seat such a number of persons, exceeding three, as to obstruct the
view of the driver to the front or sides of the vehicle or as to interfere with the
driver’s control over the driving mechanism of the vehicle.
B. No passenger in a vehicle shall ride in such position as to interfere with the
driver’s view ahead or to the sides or to interfere with his control over the
driving mechanism of the vehicle.
C. No school bus shall be operated on the streets or highways in this Nation
when loaded with passengers in excess of the number for which such bus is
designed to carry. The number of passengers determined by the local school
board which the bus is designed to carry shall be posted in a conspicuous place
on the bus.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1105. Opening and closing vehicle doors
No person shall open the door of a motor vehicle on the side available to
moving traffic unless and until it is reasonably safe to do so, nor shall any
person leave a door open on the side of a vehicle available to moving traffic for
a period of time longer than necessary to load or unload passengers.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1106. Driving on mountain highways
The driver of a motor vehicle traveling through defiles or canyons or on
mountain highways shall hold such motor vehicle under control and as near the
right-hand edge of the highway as reasonably possible.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1107. Coasting prohibited
a. The driver of any motor vehicle when traveling upon a down grade shall
not coast with the gears of such vehicle in neutral.
b. The driver of any motor vehicle when traveling upon a down grade shall
not coast with the clutch disengaged.
LA 02-21, eff. Feb. 18, 2021.
§ 11-1108. Following fire apparatus and other emergency vehicles prohibited
A. The driver of any vehicle other than one on official business shall not follow
any fire apparatus traveling in response to a fire alarm closer than five hundred
(500) feet or drive into or park such vehicle within the block where fire
apparatus has stopped in answer to a fire alarm.
B. The driver of any vehicle other than one on official business shall not
follow any emergency vehicle or shall not purposely drive to any location on a
highway where an emergency exists which would interfere with the free
movement of authorized emergency vehicles or any other traffic using the highway
at that location. For the purpose of this subsection the definition of
emergency shall include traffic accidents, airplane accidents, disasters, explosions,
civil disturbances and (without limitation by the foregoing) any other
related circumstances which tend to cause traffic congestion.
The purpose of this subsection is to eliminate sightseers and other persons who
do not have official business at the scene of an emergency, and whose presence
would tend to cause traffic congestion.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1109. Crossing fire hose
No vehicle shall be driven over any unprotected hose of a fire department when
laid down on any street or private driveway, to be used at any fire or alarm of
fire, without the consent of the fire department official in command.
LA 02-21, eff. Feb. 18, 2021.
§ 11-1110. Putting glass, etc., on highway prohibited
A. No person shall throw or deposit upon any highway any glass bottle, glass,
nails, tacks, wire, cans or any other substances likely to injure any person,
animal or vehicle upon such highway.
B. Any person who drops, or permits to be dropped or thrown, upon any
highway any destructive or injurious material shall immediately remove the
same or cause it to be removed.
1. Any person removing a wrecked or damaged vehicle from a highway,
highway right-of-way or any other location as the result of an accident shall
remove any glass or other injurious substance dropped upon the highway
or highway right-of-way or other location from such vehicle. The owner or
insurer of the owner of the vehicle if the owner’s insurance policy provides
coverage for such expense, shall be responsible for the cost of removal of
the vehicle and the glass or other injurious substance and any vehicle
storage fees. The cost of the removal of the vehicle and any storage fees
shall be the same as established by the Corporation Commission for
nonconsensual tows.
2. Truck-tractors carrying cargo on the roadways of this state shall
maintain a general liability insurance policy that covers the costs of
cleanup of any substance that is spilled or otherwise deposited on the
roadway or right-of-way in violation of this section.
C. No person shall throw any substance at a standing vehicle or any occupant
thereof, nor shall any person throw any substance at a person on or adjacent to
a highway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1111. Throwing or dropping object on or at moving vehicles
A. No person shall willfully throw or drop any substance at a moving vehicle
or any occupant thereof.
B. No person shall willfully throw or drop any object from a bridge or
overpass with intent to damage any property or injure any person.
C. Any violation of subsection A or B of this section shall be deemed a felony
and, upon conviction, shall be punishable by imprisonment in the Department
of Corrections for a term of not more than ten (10) years, or by a fine not
exceeding Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
LA 02-21, eff. Feb. 18, 2021.
§ 11-1112. Child passenger restraint system required for certain vehicles-
Exemptions
A. Every driver, when transporting a child under eight (8) years of age in a
motor vehicle operated on the roadways, streets, or highways of this state, shall
provide for the protection of said child by properly using a child passenger
restraint system as follows:
1. A child under four (4) years of age shall be properly secured in a child
passenger restraint system. Except as provided in subsection G of this
section, the child passenger restraint system shall be rear-facing until the
child reaches two (2) years of age or until the child reaches the weight or
height limit of the rear-facing child passenger restraint system as allowed
by the manufacturer of the child passenger restraint system, whichever
occurs first; and
2. A child at least four (4) years of age but younger than eight (8) years of
age, if not taller than 4 feet 9 inches in height, shall be properly secured in
either a child passenger restraint system or child booster seat.
For purposes of this section and Section 11-1113 of this title, ‘‘child passenger
restraint system’’ means an infant or child passenger restraint system which
meets the federal standards as set by 49 C.F.R., Section 571.213.
B. If a child is eight (8) years of age or is taller than 4 feet 9 inches in
height, a seat belt properly secured to the vehicle shall be sufficient to meet the
requirements of this section.
C. The provisions of this section shall not apply to:
1. The driver of a school bus, taxicab, moped, motorcycle, or other motor
vehicle not required to be equipped with safety belts pursuant to state or
federal laws;
2. The driver of an ambulance or emergency vehicle;
3. The driver of a vehicle in which all of the seat belts are in use;
4. The transportation of children who for medical reasons are unable to
be placed in such devices, provided there is written documentation from a
physician of such medical reason; or
5. The transportation of a child who weighs more than forty (40) pounds
and who is being transported in the back seat of a vehicle while wearing
only a lap safety belt when the back seat of the vehicle is not equipped with
combination lap and shoulder safety belts, or when the combination lap
and shoulder safety belts in the back seat are being used by other children
who weigh more than forty (40) pounds. Provided, however, for purposes
of this paragraph, back seat shall include all seats located behind the front
seat of a vehicle operated by a licensed child care facility or church.
Provided further, there shall be a rebuttable presumption that a child has
met the weight requirements of this paragraph if at the request of any law
enforcement officer, the licensed child care facility or church provides the
officer with a written statement verified by the parent or legal guardian
that the child weighs more than forty (40) pounds.
D. A violation of the provisions of this section shall be admissible as
evidence in any civil action or proceeding for damages unless the plaintiff in
such action or proceeding is a child under sixteen (16) years of age.
In any action brought by or on behalf of an infant for personal injuries or
wrongful death sustained in a motor vehicle collision, the failure of any person
to have the infant properly restrained in accordance with the provisions of this
section shall not be used in aggravation or mitigation of damages.
E. A person who is certified as a Child Passenger Safety Technician and
who in good faith provides inspection, adjustment, or educational services
regarding child passenger restraint systems shall not be liable for civil damages
resulting from any act or omission in providing such services, other than acts
or omissions constituting gross negligence or willful or wanton misconduct.
F. Any person convicted of violating subsection A of this section shall be
punished by a fine of Fifty Dollars ($50.00) and shall pay all court costs thereof.
Revenue from such fine shall be apportioned to the Department of Public Safety
Restricted Revolving Fund and used by the Oklahoma Highway Safety Office to
promote the use of child passenger restraint systems as provided in Section
11-1113 of this title. This fine shall be suspended and the court costs limited to
a maximum of Fifteen Dollars ($15.00) in the case of the first offense upon
proof of purchase or acquisition by loan of a child passenger restraint system.
Provided, the Department of Public Safety shall not assess points to the driving
record of any person convicted of a violation of this section.
G. A driver of a vehicle who has been rightfully issued a detachable placard
indicating physical disability under the provisions of Section 15-112 of this title
or a physically disabled license plate under the provisions of Section 1135.1 or
1135.2 of this title and valid letter of forward-facing exemption issued from the
Department of Public Safety shall be permitted to transport a child passenger
under four (4) years of age in a forward-facing child passenger restraint system.
The placard and forward-facing exemption letter must be present in the vehicle
to be in compliance.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1114. Allowing passenger to ride outside of compartment
A. No operator of a motor vehicle shall allow a passenger to ride outside the
passenger compartment of the vehicle on the streets, highways or turnpikes of
Cherokee Nation; provided, this section shall not apply to persons so riding on
private property or for parades or special events nor shall this section apply to
passengers riding on the bed of a pickup truck.
B. Any person convicted of violating the provisions of subsection (A) of this
section shall be punished by a fine of Fifteen Dollars ($15.00) and shall pay
court costs of Sixty Dollars ($60.00) provided the Department of Public Safety
shall not assess points to the driving record of any licensed or unlicensed
person convicted of a violation of this section.
LA 25-06, eff. October 19, 2006; LA 02-21, eff. Feb. 18, 2021.
§ 11-1115. Railroad crossings
At a railroad-highway grade crossing, a person operating a Class A, B or C
commercial motor vehicle as described in 47 CNCA §§ 1-107.1, 1-107.2 and
1-107.3 shall not negotiate the crossing if there is:
1. Insufficient space to drive completely through the crossing without
stopping; or
2. Insufficient clearance for the undercarriage of the vehicle.
LA 25-06, eff. October 19, 2006; LA 02-21, eff. Feb. 18, 2021.
§ 11-1116. Self-propelled or motor-driven and operated vehicles-Golf
carts, all-terrain, and utility vehicles-Operation on streets,
highways, and roadways within unincorporated areas
A. The self-propelled or motor-driven and operated vehicles described in
this section shall be prohibited from operating or shall be limited in operation
on the streets and highways of this state.
B. Self-propelled or motor-driven cycles, known and commonly referred to
as ‘‘minibikes’’ and other similar trade names, shall be prohibited from operating
on the streets and highways of this state, except:
1. When used in a parade; or
2. When registered, as required by subsection E of Section 1151 of this
title, and operated in this state by food vendor services upon streets having
a speed limit of thirty (30) miles per hour or less.
All minibikes offered for sale in this state shall bear the following notice to
the customer: ‘‘This machine is not manufactured or sold for operation on the
public streets or highways. Since it is not provided with equipment required
by law for street or highway use, all persons are cautioned that any operation of
this vehicle upon a public street or highway will be in violation of the motor
vehicle laws of this state and will subject the violator to arrest.’’
C. Golf carts and utility vehicles, as defined by Section 1102 of this title,
shall not be operated on the streets and highways of this state except:
1. Golf carts or utility vehicles owned by the Oklahoma Tourism and
Recreation Department, and operated by employees or agents of the
Department or employees of independent management companies working
on behalf of the Department, may be operated on the streets and highways
of this state during daylight hours or under rules developed by the Oklahoma
Tourism and Recreation Commission, when the streets and highways
are located within the boundaries of a state park. The Department shall
have warning signs placed at the entrance and other locations at those
state parks allowing golf carts or utility vehicles to be operated on the
streets and highways of this state located within the boundaries of those
state parks. The warning signs shall state that golf carts and utility
vehicles may be operating on streets and highways and that motor vehicle
operators shall take special precautions to be alert for the presence of golf
carts or utility vehicles on the streets and highways;
2. The municipal governing body has adopted an ordinance governing the
operation of golf carts and/or utility vehicles on city streets; provided, such
ordinances shall include necessary vehicle lighting and safety requirements;
3. Golf carts or utility vehicles may operate on state highways only if
making a perpendicular crossing of a state highway located within the
boundaries of a municipality which has adopted an ordinance governing
the operation of golf carts and/or utility vehicles; or
4. The board of county commissioners of a county has approved the
operation of golf cart and/or utility vehicle traffic on roadways within the
county, and:
a. the roadway has a posted speed limit of twenty-five (25) miles per
hour or less,
b. the roadway is located in an unincorporated area, and
c. appropriate signage, cautioning motorists of the possibility of golf
cart or utility vehicle traffic, is erected by the board of county commissioners.
D. All-terrain vehicles shall not be operated on the streets and highways of
this state, except:
1. On unpaved roads which are located within the boundaries of any
property of the Forest Service of the United States Department of Agriculture;
2. On highways if:
a. the vehicle needs to make a direct crossing of the highway while
the vehicle is traveling upon a regularly traveled trail and needs to
continue travel from one area of the trail to another and, if the vehicle
comes to a complete stop, yields the right-of-way to all oncoming
traffic that constitutes an immediate hazard, and crosses the highway
at an angle of approximately ninety (90) degrees to the direction of the
street or highway. This exception shall not apply to divided highways
or highways with a posted speed limit of more than thirty-five (35)
miles per hour in the area of the crossing,
b. the vehicle needs to travel on a highway in order to cross a
railroad track. In that event, the all-terrain vehicle may travel for not
more than three hundred (300) feet on a highway to cross a railroad
track,
c. the operator of the all-terrain vehicle making the crossing at a
highway has a valid driver license, and
d. the operator of the vehicle makes a crossing on a highway during
daylight hours only;
3. On streets and highways within a municipality if the municipal governing
body has adopted an ordinance governing the operation of golf carts,
utility vehicles or all-terrain vehicles on streets and highways within the
municipality; or
4. On roadways within unincorporated areas of a county if those roadways
are not part of the state highway system or the National System of
Interstate and Defense Highways; provided, however, that the driver is a
licensed driver.
E. Mopeds, as defined by Section 1-133.2 of this title, may be operated on
the streets and highways of this state if:
1. The municipal governing body has adopted an ordinance governing the
operation of mopeds on city streets; provided, such ordinances shall
include necessary vehicle lighting and safety requirements; or
2. The board of county commissioners of a county has approved the
operation of mopeds on roadways within the county, not including roadways
within a municipality.
LA 02-21, eff. Feb. 18, 2021.
§ 11-1117. All-terrain vehicle passenger restrictions-Penalties and enforcement-
Liability of parents or vehicle owners-Applicability
A. It shall be unlawful for a person less than eighteen (18) years of age to
operate or to be carried as a passenger upon an all-terrain vehicle unless the
person wears a crash helmet of a type which complies with standards established
by 49 C.F.R., Section 571.218.
B. It shall be unlawful for the operator of an all-terrain vehicle to carry a
passenger unless that all-terrain vehicle has been specifically designed by the
manufacturer to carry passengers in addition to the operator.
C. Fine and court costs for violating the provisions of this section shall not
exceed Twenty-five Dollars ($25.00). Any peace officer of this Nation including,
but not limited to, park rangers, is authorized to enforce the provisions of
this section.
D. Any parent, legal guardian or person having actual responsibility for a
person under eighteen (18) years of age, or who is the owner of the all-terrain
vehicle operated by a person under eighteen (18) years of age, who knows, or
should have known, that the person operating the all-terrain vehicle is not in
compliance with the provisions of this section, shall be punishable according to
the provisions of subsection C of this section.
E. As used in this section, ‘‘all-terrain vehicle’’ means a vehicle manufactured
and used exclusively for off-highway use, traveling on four or more nonhighway
tires, having a seat designed to be straddled by the operator, and
which is steered by the use of handlebars.
F. ‘‘Recreational off-highway vehicle’’ means a vehicle manufactured and
used exclusively for off-highway use, traveling on four or more non-highway
tires, having non-straddle seating and which is steered by a steering wheel.
G. The provisions of this section shall apply only to persons operating allterrain
vehicles on public lands.
H. The provisions of this section shall not apply to persons operating an allterrain
vehicle on privately owned property.
LA 02-21, eff. Feb. 18, 2021.
§ 11-1118. Reserved
§ 11-1119. Definitions-Unattended child or vulnerable adult in motor
vehicle prohibited-Exception-Penalty
A. As used in this section:
1. ‘‘Person responsible for a child’’ means a custodial parent or legal
guardian of a child, or a person who has been directed or authorized to
supervise a child by that child’s custodial parent or legal guardian;
2. ‘‘Unattended’’ means beyond a person’s direct ability to care for or
come to the aid of the unaccompanied person; and
3. ‘‘Motor vehicle’’ means the same as defined in Section 1-134 of this
title.
B. A person responsible for a child who is six (6) years of age or younger, or
a caretaker of a vulnerable adult as defined by Section 10-103 of Title 43A of
the Oklahoma Statutes, shall not leave that child or vulnerable adult unattended
in a motor vehicle if the conditions, including, but not limited to, extreme
weather, inadequate ventilation, or hazardous or malfunctioning components
within the vehicle present a risk to the health or safety of the unattended child
or vulnerable adult.
C. It shall not be considered a violation of this section if the child or
vulnerable adult is accompanied in the motor vehicle by a person at least
twelve (12) years of age who is not mentally incompetent as defined by Section
1-103 of Title 43A of the Oklahoma Statutes.
D. Any person convicted of violating the provisions of this section shall be
guilty of a misdemeanor and shall be punished by:
1. A fine of not less than Fifty Dollars ($50.00) upon a first conviction;
2. A fine of not less than One Hundred Dollars ($100.00) and ordered to
perform community service of not less than fifty (50) hours upon a second
conviction; and
3. A fine of not less than Two Hundred Dollars ($200.00) upon a third or
subsequent conviction, and the full record of that person’s convictions of
the violations of this section shall be submitted to the Department of
Human Services for evaluation.
E. Any person convicted of violating the provisions of this section who has
left a child or vulnerable adult unattended in a motor vehicle on the premises of
any establishment which holds any license for the sale of alcoholic beverages
for consumption on the premises pursuant to the Cherokee Nation Code
Annotated, and who has consumed any alcoholic beverage during the period of
time the child or vulnerable adult has been unattended, shall be punished by a
fine of not less than Five Hundred Dollars ($500.00).
F. Nothing in this section precludes prosecution under any other provision
of law.
LA 02-21, eff. Feb. 18, 2021.
§ 11-1120. Removing a child from a vehicle-Immunity
A. A person shall be immune from civil liability for any damage resulting
from the forcible entry of a motor vehicle for the purpose of removing a child
from the motor vehicle if the person:
1. Determines the motor vehicle is locked or there is otherwise no
reasonable method for the child to exit the motor vehicle;
2. Has a good-faith belief that forcible entry into the motor vehicle is
necessary because the child is in imminent danger of suffering harm if not
immediately removed from the motor vehicle and, based upon the circumstances
known to the person at the time, the belief is a reasonable one;
3. Has contacted the local law enforcement agency, the fire department
or the 911 emergency telephone service prior to forcibly entering the motor
vehicle;
4. Places a notice on the motor vehicle windshield with the person’s
contact information, the reason the entry was made, the location of the
child and that the authorities have been notified;
5. Remains with the child in a safe location, out of the elements but
reasonably close to the motor vehicle, until law enforcement, fire or other
emergency responder arrives; and
6. Used no more force to enter the motor vehicle and remove the child
from the motor vehicle than is necessary under the circumstances.
B. Nothing in this act shall affect the person’s civil liability if the person
attempts to render aid to the child in addition to what is authorized by this act.
LA 02-21, eff. Feb. 18, 2021.
ARTICLE XII
OPERATION OF BICYCLES AND PLAY VEHICLES
§ 11-1201. Effect of regulations
A. It is offense misdemeanor1 and punishable by fine of not less than One
Dollar ($1.00) nor more than Twenty-five Dollars ($25.00) for any person to do
any act forbidden or fail to perform any act required in this article. A
conviction for the violation of any offense in this article shall not be recorded
on the driving record of the person.
B. The parent or legal guardian of any child or the guardian of any ward
shall not authorize or knowingly permit any such child or ward to violate any of
the provisions of this article.
C. Except as otherwise provided, the provisions of this article shall apply
whenever a bicycle or motorized scooter is operated upon any highway or upon
any path set aside for the exclusive use of bicycles or motorized scooters.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
1 So in original.
§ 11-1202. Traffic laws apply to persons riding bicycles
Every person riding a bicycle or motorized scooter upon a roadway shall be
granted all of the rights and shall be subject to all of the duties applicable to the
driver of a vehicle by this title, except as to special regulations in this article
and except to those provisions of this title which by their nature can have no
application.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1203. Riding on bicycle
A. A person operating a bicycle shall ride upon or astride a permanent and
regular attached seat.
B. No bicycle or motorized scooter shall be used to carry more persons at
one time than the number for which it is designed and equipped.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1204. Clinging to vehicles
No person riding upon any bicycle, motorized scooter, coaster, roller skates,
sled or toy vehicle shall attach the same or himself or herself to any vehicle
upon a roadway.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1205. Riding on roadways and bicycle paths
A. Every person operating a bicycle or motorized scooter upon a roadway at
less than normal speed of traffic at the time and place and under the conditions
then existing shall ride as close as is safe to the right-hand curb or edgs1 of the
roadway, except under any of the following situations:
1. When overtaking passing another vehicle or one proceeding in the
same direction;
2. When preparing for a left turn at an intersection or into a private road
or driveway;
3. When reasonably necessary to avoid conditions and while exercising
due care, including but not limited to: a. fixed or moving objects,
a. parked or moving vehicles,
b. pedestrians or animals,
c. surface hazards, or
d. any time it is unsafe to continue along the right-hand curb or edge
of the roadway; and
4. When riding in the right-turn-only lane.
B. Any person riding a bicycle or motorized scooter upon a one-way street
or highway with two or more marked lanes of travel may ride as close as is safe
to the left-hand curb or edge of the street or highway.
C. No person operating a bicycle or motorized scooter shall pass other
vehicles between lanes of traffic traveling in the same direction.
D. Persons riding bicycles or motorized scooters upon a roadway shall not
ride more than two abreast except on paths or parts of roadways set aside for
the exclusive use of bicycles or motorized scooters. Persons riding two abreast
shall not impede the normal and reasonable flow of traffic and, on a laned
roadway, shall ride within a single lane.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
1 So in original.
§ 11-1206. Carrying articles
No person operating a bicycle or motorized scooter shall carry any package,
bundle or article which prevents the driver from keeping at least one hand
upon the handle bars.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1207. Reserved
§ 11-1208. Overtaking and passing bicycle-Violations-Fines and penalties
A. When overtaking and passing a bicycle proceeding in the same direction,
a person driving a motor vehicle shall exercise due care and:
1. If there is more than one lane for traffic proceeding in the same
direction, a motorist passing a cyclist shall move the vehicle to the lane to
the immediate left if the lane is available and moving into the lane is
reasonably safe, and the motorist shall not move back into the travel lane
until the vehicle is safely clear of the overtaken person operating a bicycle;
2. If there is only one lane for traffic proceeding in the same direction,
shall not overtake or pass a bicycle at a distance of less than three (3) feet
between any part of the motor vehicle and any part of the bicycle or its
operator, and shall not move again to the right side of the highway until the
vehicle is safely clear of the overtaken person operating a bicycle; or
3. May drive to the left of the center of the roadway, including when a nopassing
zone is marked as defined in Section 11-307 of this title, to pass a
person operating a bicycle only if the roadway to the left of the center is
unobstructed for a sufficient distance to permit the driver to pass the
person operating the bicycle safely and avoid interference with oncoming
traffic. The provisions of this paragraph do not authorize driving on the
left side of the center of the roadway when prohibited under Section
11-303, 11-305 or 11-306 of this title.
B. Any person who violates the provisions of subsection A of this section
shall, upon conviction, be guilty of a misdemeanor punishable by a fine of not
more than One Hundred Dollars ($100.00). Any second or subsequent conviction
shall be a misdemeanor punishable by a term of imprisonment in the
county jail for a term not to exceed thirty (30) days, or a fine of not less than
One Hundred Fifty Dollars ($150.00) nor more than Five Hundred Dollars
($500.00), or by both such fine and imprisonment.
C. Any person who violates the provisions of subsection A of this section and
the violation results in an accident causing personal injury to another person
shall, upon conviction, be guilty of a misdemeanor punishable by a term of
imprisonment in the county jail for a term not to exceed three (3) months, or a
fine of not more than One Thousand Dollars ($1,000.00), or by both such fine
and imprisonment.
D. 1. Any person who violates the provisions of subsection A of this section
and the violation results in an accident causing great bodily injury to another
person shall, upon conviction, be guilty of a misdemeanor punishable by
imprisonment in the custody of the county jail for a term not to exceed six (6)
months, or by a fine of not more than Three Thousand Dollars ($3,000.00), or
by both such fine and imprisonment.
2. As used in this subsection, ‘‘great bodily injury’’ means bodily injury
which creates a substantial risk of death or which causes serious, permanent
disfigurement or protracted loss or impairment of the function of any
bodily member or organ.
E. Any person who violates the provisions of subsection A of this section
and the violation results in the death of another person shall, upon conviction,
be guilty of a misdemeanor punishable by imprisonment in the custody of the
county jail for a term not to exceed one (1) year, or by a fine of not more than
Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
F. A person may be charged under the provisions of this section in addition
to any other chargeable offense allowed by law.
LA 02-21, eff. Feb. 18, 2021.
§ 11-1209. Electric assisted bicycles and operators-Rights and restrictions-
Label requirements
A. Except as specifically provided in this section, an electric-assisted bicycle
or an operator of an electric-assisted bicycle shall be afforded the rights and
privileges and be subject to all of the duties and provisions of this act.
B. An electric-assisted bicycle or a person operating an electric-assisted
bicycle is not subject to the Oklahoma statutory provisions relating to financial
responsibility, vehicle insurance, driver licenses, vehicle registration or certificates
of title.
C. On and after January 1, 2020, manufacturers and distributors of electricassisted
bicycles shall apply a label that is permanently affixed in a prominent
location to each electric-assisted bicycle. The label shall contain the classifica-
tion number, top assisted speed and motor wattage of the electric-assisted
bicycle, and it shall be printed in Arial font in at least 9-point type.
D. A person shall not tamper with or modify an electric-assisted bicycle so
as to change the motor-powered speed capability or engagement of an electricassisted
bicycle, unless he or she appropriately replaces the label indicating the
classification required in subsection C of this section.
E. An electric-assisted bicycle may be ridden where bicycles are permitted
to travel subject to the following provisions:
1. A Class 1 electric-assisted bicycle or a Class 2 electric-assisted bicycle
may be ridden on bicycle or multiuse paths where bicycles are permitted.
However, the local authority or state agency having jurisdiction over a
bicycle or multiuse path may prohibit the operation of a Class 1 electricassisted
bicycle or Class 2 electric-assisted bicycle on that path.
2. A Class 3 electric-assisted bicycle shall not be ridden on a bicycle or
multiuse path unless it is within or adjacent to a highway or roadway or
unless the local authority or state agency having jurisdiction over the path
permits that operation.
3. This subsection shall not apply to a trail designated as non-motorized if
such trail has a natural surface tread made by clearing and grading the
native soil with no added surfacing materials. A local authority or state
agency may regulate the use of electric assisted bicycles or any class
thereof on such trails that are under its jurisdiction.
F. The use of Class 3 electric-assisted bicycles shall be subject to the
following provisions:
1. No person under sixteen (16) years of age may operate a Class 3
electric-assisted bicycle. A person under sixteen (16) years of age may ride
as a passenger on a Class 3 electric-assisted bicycle that is designed to
accommodate passengers.
2. All Class 3 electric-assisted bicycles shall be equipped with a speedometer
that is capable of displaying the speed the electric assisted bicycle is
traveling in miles per hour.
G. An electric-assisted bicycle shall be considered a motor vehicle to the
extent required for compliance with 23 U.S.C., Section 154.
LA 02-21, eff. Feb. 18, 2021.
ARTICLE XIII
MAINTENANCE, CONSTRUCTION AND SAFETY ZONES
§ 11-1301. Driving through safety zones prohibited
No vehicle shall at any time be driven through or within a safety zone.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1302. Maintenance and construction zones
A. The Department of Transportation, Oklahoma Turnpike Authority and
any county or city within the jurisdiction of the Cherokee Nation are hereby
authorized to close any highway or section thereof, within their respective
jurisdiction, to traffic while the highway is flooded under repair, maintenance
or construction and, in exercising such authority, shall erect or cause to be
erected traffic-control devices and barricades to warn and notify the public that
said highway has been closed to traffic.
B. When any highway has been closed to traffic under the provisions of
subsection (A) of this section and traffic-control devices or barricades have been
erected, it shall be unlawful for any person to drive any vehicle through, under,
over, or around such traffic-control devices or barricades, or otherwise to enter
said closed area; except, that the provisions of this subsection shall not apply to
persons while engaged in the construction, maintenance and repair of said
highway or to persons entering therein for the protection of lives or property;
provided that persons having their places of residence or places of business
within such closed area may travel, when possible to do so, through such area
at their own risk.
C. Whenever construction, repair and maintenance of any highway is being
performed under traffic, the governing body having jurisdiction over said
highway shall erect, or cause to be erected, traffic-control devices to warn and
guide the public, and every person using such highway shall obey all signs,
signals, markings, flagmen or other traffic-control devices which are placed to
regulate, control, and guide traffic through the construction or maintenance
area. As used in this subsection, ‘‘construction or maintenance area’’ means
any area upon or around any highway that is visibly marked as an area where
construction, repair, and maintenance is temporarily occurring. The construction
or maintenance area also includes the lanes of highway leading up to the
area upon which an activity described in this section is being performed,
beginning at the point where properly posted traffic-control devices start to
warn and guide the public into and through the construction or maintenance
including, but not limited to, instructions to merge from one lane into another
lane, to reduce speed, or to follow directions of flagmen.
D. The ‘‘Merge Now’’ traffic-control device that is used to warn and guide
the public using the highway to merge shall be located in advance of the
highway construction or maintenance area in accordance with the standards
set forth in the most current edition of the Federal Highway Administration’s
Manual on Uniform Traffic Control Devices. Whenever any traffic-control
device requires traffic to merge due to the closure of a section or lane of
highway, the merge shall be completed:
1. As soon as practicable after passing the traffic-control device; and
2. Without passing any other traffic proceeding in the same direction.
E. No person shall remove, change, modify, deface or alter any trafficcontrol
device or barricade which has been erected on any highway under the
provisions of this section.
F. Nothing in this section shall relieve the Nation, the state, or respectively,
any of its contractors, agents, servants or employees from liability for failure to
perform any of the duties imposed herein.
G. Any person who violates any provision of this article shall be guilty of a
crime and upon conviction thereof shall be subject to a fine not to exceed One
Thousand Dollars ($1000.00) or imprisonment for a term not to exceed thirty
(30) days, or both such fine and imprisonment, and shall be liable for any
damage to property, or injury to or death to persons caused by such violations.
In addition, the court may order restitution in an amount equal to the actual
costs of the emergency response and repair or replacement of any damaged or
lost emergency equipment.
H. When any section of a highway, turnpike, county road or city street has
been closed to traffic due to flooding that is ongoing and traffic-control devices
or barricades have been erected by law enforcement or other government
officials with authority over traffic control, it shall be unlawful for any person
to tear down, damage or remove any traffic-control devices or barricades or
drive any vehicle through, under, over or around the traffic-control devices or
barricades, or otherwise to enter the closed area. Any person who violates the
provisions of this subsection shall, upon conviction, be guilty of a misdemeanor
punishable by a fine of not less than One Hundred Dollars ($100.00) nor more
than One Thousand Dollars ($1,000.00). The person shall be guilty of a
misdemeanor punishable by a fine of not less than One Hundred Dollars
($100.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) and
imprisonment in the county jail for not more than one (1) year if the operator of
the motor vehicle was transporting a person eighteen (18) years of age or
younger at the time of the violation.
Persons convicted pursuant to the provisions of this subsection shall be
ordered to pay restitution in an amount equal to the actual costs of the
emergency response and repair or replacement of any damaged or lost emergency
equipment. In addition, the person shall be liable for any damage to
property or injury or death to persons caused by the violation.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 11-1303. Endangerment of a highway worker
A. A person shall be guilty of the offense of endangerment of a highway
worker if the person commits any of the following when the act occurs within a
maintenance or construction zone:
1. Exceeding the posted speed limit by fifteen (15) miles per hour or
more;
2. Failing to merge as required in subsection D of Section 11-1302 of
Title 47 of this title;
3. Failing to stop for a work-zone flagman or failing to obey trafficcontrol
devices that have been erected for purposes of warning or guiding
the public into and through the construction or maintenance area;
4. Driving through or around a construction or maintenance area by any
lane not clearly designated to motorists for the flow of traffic through or
around the construction or maintenance area; or
5. Intentionally striking, moving or altering barrels, barriers, signs, or
other devices erected to control the flow of traffic to protect highway
workers and motorists in the construction or maintenance area for a
reason other than avoidance of an obstacle, an emergency, or to protect the
health and safety of an occupant of the motor vehicle or of another person.
B. Upon conviction for committing the offense of endangerment of a highway
worker pursuant to subsection A of this section, if no injury or death of a
highway worker resulted from the offense, in addition to any other penalty
authorized by law, the person shall be subject to a fine of not more than One
Thousand Dollars ($1,000.00).
C. A person shall be deemed to commit the offense of aggravated endangerment
of a highway worker upon conviction for any offense pursuant to
subsection A of this section when such offense occurs in a construction or
maintenance area and results in the injury or death of a highway worker.
Upon conviction for committing the offense of aggravated endangerment and/or
injury of a highway worker, in addition to any other penalty authorized by law,
the person shall be subject to a fine of not more than Five Thousand Dollars
($5,000.00).
D. Except for the offense provided for in paragraph 5 of subsection A of this
section, no person shall be deemed to commit the offense of endangerment of a
highway worker except when the act or omission constituting the offense
occurred when one or more highway workers were in the construction or
maintenance area.
E. No person shall be cited or convicted for endangerment of a highway
worker or aggravated endangerment of a highway worker, for any act or
omission otherwise constituting an offense under subsection A of this section, if
such act or omission resulted, in whole or in part, from mechanical failure of
the vehicle of the person or from the negligence of another person or a highway
worker.
F. Upon the expiration of any contract for maintenance or construction on a
section of roadway, any increased fines or penalties otherwise imposed by law
shall not apply.
LA 02-21, eff. Feb. 18, 2021.
CHAPTER 12
EQUIPMENT OF VEHICLES
ARTICLE I.
Section
12-101. Driving or permitting to be driven vehicle with unsafe or missing equipment-
Other forbidden acts-Exceptions relating to requirements for
equipment-Rules-Definitions
12-101.1. Sale of improperly equipped vehicle-Improper equipping or operation of
improperly equipped vehicle
12-101.2. Construction of chapter-Severability
12-102. Reserved
ARTICLE II.
12-201. Proper display of lamps and other signal devices-Adoption of federal
specifications and standards
12-202. Visibility distance and mounted height of lamps
12-203. Head lamps on motor vehicles
12-203.1. Number of driving lamps required or permitted
12-203.2. Use of distribution of light or composite beam lighting equipment
12-203.3. Headlamps with single distribution of light-Farm tractors and certain
other motor vehicles
12-203.4. Lighting equipment upon motor vehicles operated below certain
speed
12-204. Tail lamps
12-204.1. Lamps illuminating rear license plate
12-205. Reflectors
12-206. Stop lamps
12-206.1. Turn signal lamps
12-207. Reserved
12-208. Vehicles of certain width-Clearance lamps-Side marker lamps-
Reflectors
12-209-12-210. Reserved
12-211. Visibility of reflectors, clearance lamps and marker lamps
12-212. Reserved
12-213. Lamps, reflectors, and flags on projecting load
12-214. Lamps on parked or stopped motor vehicles
12-215. Lamps on farm tractors-Farm equipment and implements of husbandry
12-216. Lamps, lighting devices, or reflectors on animal-drawn and certain
other vehicles
12-217. Auxiliary, fog, and off-road lamps
12-218. Emergency vehicles-Flashing lights
12-218.1. Flashing lights on licensed wreckers
12-218.2. Vehicles operated by rural letter carriers or any highway contract
route vehicles delivering mail-Flashing lights
12-219. Reserved
12-220. Back-up and vehicular hazard warning lamps
12-221-226. Reserved
12-227. Special restriction on lamps
12-228. Special lighting equipment and warning devices on school buses and
church buses
12-229. Standards and specifications for lights on vehicles or machinery
operated by state or other government jurisdictions
12-230-231. Reserved
12-232. Vans operated for nonprofit charitable organization equipped with
strobe-light-type device
ARTICLE III.
12-301. Brake equipment required
12-302. Performance ability of brakes
12-303-315. Reserved
ARTICLE IV. OTHER EQUIPMENT
12-401. Horns and warning devices
12-402. Mufflers or other noise-suppressing systems-Prevention of excessive
or unusual noise
12-403. Mirrors
12-404. Windshields and windows-Obstruction, obscuring, or impairing of
driver’s view-Electric windshield wiper mechanism
12-405. Tires and wheels-Peripheral equipment-Unsafe operating condition
12-405.1. Coupling devices-Stay chains, cables or other safety devices
12-405.2. Fuel tanks and intake pipes-Projection beyond side of vehicle-
Construction and attachment
12-405.3. Aprons
12-406. Safety glazing material or safety glass-Standards-Identification
markings-Sale or replacement
12-407. Certain vehicles to be equipped with flares and other emergency
equipment
12-408. Display of warning devices when vehicle disabled
12-409. Vehicles transporting hazardous materials
12-410. Air-conditioning equipment
12-411. Television-type receiving equipment visible from operator’s seat prohibited
12-412. Reserved
12-413. Seat belts or shoulder harnesses
12-414. Specifications
12-415. Penalties
12-416. Reserved
12-417. Safety belt law
12-418-419. Reserved
12-420. Civil proceedings-Effect of act
12-421. Reserved
12-422. Restrictions on use of glass coating materials or sunscreening devices
on windshields and windows
12-423. Emission control system-Disconnection, alteration, modification, or
replacement
12-424. Obstruction to turning of steering control-Definitions
12-425. Absent, disconnected, or broken parts of suspension system
12-426. Properly operating speedometer
12-427. Official slow-moving vehicle emblem
12-428. Converted school buses-Color
12-429-12-500. Reserved
ARTICLE V.
12-501. Short title-Cherokee Nation Odometer Setting Act
12-502. Definitions
12-503. Prohibited acts
12-504. Service, repair or replacement of odometer
12-505. Transfer of ownership of motor vehicle-Information required
12-506. Violation-Penalty
12-507. Actions-Jurisdiction-Venue-Duty to prosecute
12-508-600. Reserved
ARTICLE VI. MOTORCYCLES
12-601. Headlamps and other illuminating devices on certain motorcycles-Definition
12-602. Headlamps required-Permissible auxiliary lighting
12-602.1. Headlamps upon motorcycles-Minimum requirements
12-603. Tail lamps
12-604. Reflectors
12-605. Stop lamps
12-606. Electric flashing turn signal lamps
12-608. Brakes on motorcycles
12-609. Motorcycles-Required equipment
ARTICLE VII.
12-701. Provisions in chapter applicable to bicycles
12-702. Front lamp
12-703. Rear lamp
12-704. Reflector
12-705. Reserved
12-706. Reflective material
12-707. Additional lights and reflectors
12-708. Brakes
12-709. Sirens
ARTICLE I
§ 12-101. Driving or permitting to be driven vehicle with unsafe or missing
equipment-Other forbidden acts-Exceptions relating to requirements
for equipment-Rules-Definitions
A. It shall be a misdemeanor, upon conviction, punishable as provided in
Section 17-101 of this title, for any person:
1. To drive or move, or for the owner to cause or permit to be driven or
moved on any highway, any vehicle or combination of vehicles which:
a. is known to be in such unsafe condition as to endanger any person,
b. is known not to contain those parts required by this chapter,
c. is not at all times equipped with such lamps and other equipment
in proper condition and adjustment as required in this chapter, or
d. is known to be equipped in any manner in violation of this chapter;
2. To do any act forbidden under this chapter; or
3. To fail to perform any act required under this chapter.
B. Nothing contained in this chapter shall be construed to prohibit on any
vehicle:
a. Equipment required by the United States Department of Transportation
pursuant to 49 C.F.R., Chapter V; or
b. The use of additional parts and accessories which are not inconsistent
with provisions of this chapter.
C. The provisions of Article II et seq. of this chapter with respect to
equipment on vehicles shall not apply to implements of husbandry, road
machinery, road rollers, farm tractors, motorcycles as defined in Section
12-601 of this title, or vehicles designed to be moved solely by animal or human
power, except as specifically made applicable in this chapter.
D. Any specific requirement of this chapter with respect to equipment on
any vehicle, other than a bicycle, shall not apply if the vehicle was lawfully
designed and manufactured without such equipment; provided, the provisions
of this chapter shall apply to any homemade vehicle or any vehicle constructed
from a kit or from plans.
E. Low-speed and medium-speed electrical vehicles which are in compliance
with the equipment requirements in 49 C.F.R., Section 571.500 shall be
deemed to be in compliance with the provisions of this chapter.
F. The provisions of this chapter shall not apply to vehicles registered in
Oklahoma as antique or classic vehicles pursuant to Sections 1105 and 1135.1
of this title and rules promulgated pursuant thereto.
G. The Commissioner of Public Safety may promulgate rules regarding
vehicle equipment and standards for vehicle equipment required to maintain
such equipment in safe condition and in compliance with this chapter.
H. Any person producing proof within forty-eight (48) hours that a condition
or equipment for which the person was cited as defective, missing,
prohibited, improper, unauthorized or otherwise in violation of this chapter has
been remedied by the person shall be entitled to dismissal of such charge
without assessment of court costs.
I. As used in this chapter:
1. ‘‘Lamp’’ means an electrical device producing artificial illumination by
use of one or more lights, each light of which performs the same function
or separate functions as required by this chapter;
2. ‘‘Lightweight vehicle’’ means a motor vehicle that has a manufacturer’s
gross vehicle weight rating of ten thousand (10,000) pounds or less, other
than:
a. a vehicle that is being used to transport passengers for hire, or
b. a vehicle that is being used to transport hazardous materials of a
type or quantity that requires the vehicle to be marked or placarded
under 49 C.F.R., Section 177.823;
3. ‘‘Nighttime’’ or ‘‘night’’ means any time from one-half (1⁄2) hour after
sunset to one-half (1⁄2) hour before sunrise; and
4. ‘‘Passenger car’’ means a motor vehicle designed for carrying ten
persons, including the driver, or less except a low-speed or medium-speed
electrical vehicle or motorcycle, as defined in Section 12-601 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-101.1. Sale of improperly equipped vehicle-Improper equipping or
operation of improperly equipped vehicle
A. Unless previously disclosed through written documentation, no person
shall knowingly have for sale, sell, or offer for sale any vehicle to be operated
on the highways of this state unless it is equipped as required by this chapter.
B. No person shall knowingly equip or operate on the highways of this state
any vehicle with equipment unless it complies with the requirements of this
chapter.
LA 02-21, eff. Feb. 18, 2021.
§ 12-101.2. Construction of chapter-Severability
This chapter shall be liberally construed so as to effectuate the purposes stated
herein. The provisions of this chapter shall be severable and if any phrase,
clause, sentence or provision of this chapter is declared to be invalid or to be
preempted by federal law or regulation, the validity of the remainder of this
chapter shall not be affected thereby, and the remaining provisions shall be in
full force and effect.
LA 02-21, eff. Feb. 18, 2021.
§ 12-102. Reserved
ARTICLE II
§ 12-201. Proper display of lamps and other signal devices-Adoption of
federal specifications and standards
A. The United States Department of Transportation specifications and standards
for headlamps, auxiliary driving lamps, tail lamps, signal lamps, reflectors,
and other lighting equipment and signal devices, pursuant to 49 C.F.R.,
Section 571.108, are hereby adopted by the State of Oklahoma.
B. Except as otherwise provided in this chapter and subject to exceptions
for parked vehicles, every vehicle upon a highway within this state shall
properly display all lamps and illuminating devices as required by law:
1. At any time from one-half (1⁄2) hour after sunset to one-half (1⁄2) hour
before sunrise, also referred to in this chapter as nighttime; and
2. At any other time when, due to insufficient light or unfavorable atmospheric
conditions, persons and vehicles on the highway are not clearly
discernible at a distance of one thousand (1,000) feet or less.
C. All lamps required by this chapter shall display a steady light except as
otherwise prescribed by this chapter. Any required individual lamp may be
combined or incorporated with any other required individual lamp if the
combined or incorporated lamps meet all of the individual lighting requirements
of this chapter for each individual lamp contained therein.
D. No lamp, other than a headlamp, displayed on any vehicle shall project a
glaring light; provided, every headlamp shall comply with Section 12-222 of
this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-202. Visibility distance and mounted height of lamps
A. Any requirement of this chapter as to distance from which certain lamps
and devices shall render objects visible, or within which such lamps or devices
shall be visible, shall apply during the times stated in subsection B of Section
12-201 of this title in respect to a vehicle without load when upon a straight,
level, unlighted highway, under normal atmospheric conditions unless a different
time or condition is expressly stated.
B. Any requirement of this chapter as to the mounted height of lamps or
devices shall mean from the center of such lamp or device to the level ground
upon which the vehicle stands when such vehicle is without a load.
LA 02-21, eff. Feb. 18, 2021.
§ 12-203. Head lamps on motor vehicles
A. Every motor vehicle shall be equipped with at least two headlamps
emitting a white light with at least one lamp on each side of the front of the
motor vehicle on the same level and as far apart as practicable. The headlamps
shall comply with the requirements and limitations set forth in this
chapter.
B. Every headlamp upon every motor vehicle shall be located at a height of
not more than fifty-four (54) inches nor less than twenty-two (22) inches to be
measured as set forth in subsection B of Section 12-202 of this title.
C. The headlamps on motor vehicles shall be so arranged that the driver
may select at will between distributions of light projected to different elevations
and such lamps may, in addition, be so arranged that such selection can be
made automatically, subject to the following limitations:
1. There shall be an uppermost distribution of light, or composite beam,
so aimed and of such intensity as to reveal persons and vehicles at a
distance of at least six hundred (600) feet ahead for all conditions of
loading;
2. There shall be a lowermost distribution of light, or composite beam, so
aimed and of sufficient intensity to reveal persons and vehicles at a
distance of at least two hundred (200) feet ahead; and
3. On a straight, level road under any condition of loading none of the
high-intensity portion of the beam shall be directed to strike the eyes of an
approaching driver.
D. Every motor vehicle which has multiple-beam road-lighting equipment
shall be equipped with a beam indicator, which shall be lighted whenever the
uppermost distribution of light from the headlamps is in use, and shall not
otherwise be lighted.
LA 02-21, eff. Feb. 18, 2021.
§ 12-203.1. Number of driving lamps required or permitted
A. At all times specified in subsection B of Section 12-201 of this title, at
least two lighted headlamps shall be displayed, one on each side at the front of
every motor vehicle, except when such vehicle is parked subject to the regulations
governing lights on parked vehicles, as provided in Section 12-214 of this
title.
B. Whenever a motor vehicle equipped with headlamps as herein required
is also equipped with any auxiliary driving lamps or a spot lamp or any other
lamp on the front thereof projecting a beam of intensity greater than three
hundred (300) candlepower, not more than a total of four of any such lamps on
the front of a vehicle shall be lighted at any one time when upon a highway.
C. The driver of any vehicle shall comply with the provisions of Section
12-217 of this title regarding the use of alternate headlamp equipment.
LA 02-21, eff. Feb. 18, 2021.
§ 12-203.2. Use of distribution of light or composite beam lighting equipment
Whenever a motor vehicle is being operated on a roadway, or shoulder adjacent
thereto, during the times specified in subsection B of Section 12-201 of this
title, the driver shall use a distribution of light, or composite beam, directed
high enough and of sufficient intensity to reveal persons and vehicles at a safe
distance in advance of the vehicle, subject to the following requirements and
limitations:
1. Whenever a driver of a vehicle approaches an oncoming vehicle within
one thousand (1,000) feet, such driver shall use a distribution of light, or
composite beam, so aimed that the glaring rays are not projected into the
eyes of the oncoming driver. The lowermost distribution of light, or
composite beam, specified in paragraph 2 of subsection C of Section
12-203 of this title shall be deemed to avoid glare at all times, regardless of
road contour and loading.
2. Whenever the driver of a vehicle follows another vehicle within six
hundred (600) feet to the rear, such driver shall use a distribution of light
permissible under this chapter other than the uppermost distribution of
light specified in paragraph 1 of subsection C of Section 12-203 of this
title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-203.3. Headlamps with single distribution of light-Farm tractors
and certain other motor vehicles
Headlamps arranged to provide a single distribution of light shall be permitted
on farm tractors and motor vehicles manufactured and sold prior to September
1, 1962, in lieu of multiple-beam road-lighting equipment herein specified if the
single distribution of light complies with the following requirements and
limitations:
1. The headlamps shall be so aimed that when the vehicle is not loaded
none of the high-intensity portion of the light shall at a distance of twentyfive
(25) feet ahead project higher than a level of five (5) inches below the
level of the center of the lamp from which it comes, and in no case higher
than forty-two (42) inches above the level on which the vehicle stands at a
distance of seventy-five (75) feet ahead.
2. The intensity shall be sufficient to reveal persons and vehicles at a
distance of at least three hundred (300) feet.
LA 02-21, eff. Feb. 18, 2021.
§ 12-203.4. Lighting equipment upon motor vehicles operated below certain
speed
Any motor vehicle operated at a speed of twenty (20) miles per hour or less may
be operated under the conditions specified in subsection B of Section 12-201 of
this title when equipped with two lighted lamps upon the front thereof capable
of revealing persons and objects one hundred (100) feet ahead in lieu of lamps
required in Section 12-203 or 12-203.3 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-204. Tail lamps
A. Every motor vehicle, trailer, semitrailer and pole trailer, and any vehicle
which is being drawn at the end of a combination of vehicles, shall be equipped
with at least two tail lamps mounted on the rear, on the same level and as
widely spaced laterally as practicable which, when lighted, shall emit a red
light visible from a distance of one thousand (1,000) feet to the rear; provided
that, in the case of a combination of vehicles, only the tail lamp on the rearmost
vehicle need actually be seen from the distance specified.
B. Every tail lamp upon every vehicle shall be located at a height of not
more than seventy-two (72) inches nor less than fifteen (15) inches.
C. Any tail lamps shall be lighted whenever the clearance lamps and:
1. Headlamps;
2. Combination of headlamps and auxiliary driving lamps, as defined in
Section 12-217 of this title; or
3. Fog lamps, as defined in Section 12-217 of this title, are lighted.
LA 02-21, eff. Feb. 18, 2021.
§ 12-204.1. Lamps illuminating rear license plate
A. No more than two separate lamps with a white light shall be so constructed
and placed as to illuminate the rear license plate and render it clearly
legible from a distance of fifty (50) feet to the rear.
B. Any separate lamp or lamps for illuminating the rear license plate, shall
be lighted whenever the clearance lamps and:
1. Headlamps;
2. Combination of headlamps and auxiliary driving lamps, as defined in
Section 12-217 of this title; or
3. Fog lamps, as defined in Section 12-217 of this title, are lighted.
C. The operation of a vehicle upon which the license plate is surrounded or
framed, partially or in whole, by any additional lamp or lamps or otherwise
lighted by any additional lamp or lamps, shall be a violation of this section. In
addition, display and visibility of the rear license plate shall be in compliance
with paragraph 2 of subsection A of Section 1113 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-205. Reflectors
A. Every motor vehicle, trailer, semitrailer, and pole trailer shall carry on
the rear, either as a part of the tail lamps or separately, at least two red
reflectors meeting the requirements of this section; provided, that vehicles
described in Section 12-208 of this title shall be equipped with reflectors as
required in Sections 12-208 and 12-211 of this title.
B. Every such reflector shall be mounted on the vehicle at a height not less
than fifteen (15) inches nor more than seventy-two (72) inches measured as set
forth in subsection B of Section 12-202 of this title, and shall be of such size
and characteristics and so mounted as to be visible at night from all distances
within six hundred (600) feet to one hundred (100) feet from such vehicle when
directly in front of lawful lower beams of headlamps, except as required in
Sections 12-211, 12-215 and 12-216 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-206. Stop lamps
A. Every vehicle shall be equipped with at least two stop lamps which shall
meet the requirements of this section.
B. The stop lamps required by this section:
1. Shall be mounted on the rear of the vehicle at the same level, as far
apart as practicable, and at a height of not more than seventy-two (72)
inches nor less than fifteen (15) inches;
2. Shall display a red or amber light, or any shade of color between red
and amber, visible from a distance of not less than five hundred (500) feet
to the rear in normal sunlight; and
3. Shall be actuated upon application of the brakes.
C. If so equipped in its original design and manufacture, every motor
vehicle shall be additionally equipped with a center high- mounted stop lamp
located on the vertical center line above the level of the stop lamps described in
this section which shall display a red light, visible from a distance of not less
than five hundred (500) feet to the rear in normal sunlight, and which shall be
actuated upon application of the brakes.
LA 02-21, eff. Feb. 18, 2021.
§ 12-206.1. Turn signal lamps
A. Every vehicle shall be equipped with turn signal lamps that flash for the
purpose of indicating the intention to turn either to the left or to the right.
B. The flashing turn signal lamps required by this section:
1. Shall show to the front and rear of the vehicle;
2. On the front of the vehicle, shall be located on the same level, as widely
spaced laterally as practicable, at a height of not more than seventy-two
(72) inches nor less than fifteen (15) inches, and when in use shall display a
white or amber light, or any shade of color between white and amber,
visible from a distance of not less than five hundred (500) feet to the front
in normal sunlight; and
3. On the rear of the vehicle, shall be located at the same level and as
widely spaced laterally as practicable, at a height of not more than seventytwo
(72) inches nor less than fifteen (15) inches, and when in use shall
display a red or amber light, or any shade of color between red and amber,
visible from a distance of not less than five hundred (500) feet to the rear in
normal sunlight.
C. A truck-tractor need not be equipped with turn signal lamps mounted on
the rear if the turn signals at the front are so constructed and so located that
they meet the requirements for double-faced turn signals that meet the standards
of the Society of Automotive Engineers (SAE).
LA 02-21, eff. Feb. 18, 2021.
§ 12-207. Reserved
§ 12-208. Vehicles of certain width-Clearance lamps-Side marker
lamps-Reflectors
A. In addition to other equipment required in this chapter, every vehicle,
except truck-tractors and pole trailers, which is eighty (80) inches or more in
overall width shall be equipped:
1. On the front, with two amber clearance lamps, one at each side located
at the same level and as widely spaced laterally and as near the top as
practicable;
2. On the rear, with two red clearance lamps, one at each side located at
the same level and as widely spaced laterally and as near the top as
practicable; provided, trailers or semitrailers are not required to comply
with this paragraph;
3. On each side, with two side marker lamps, one at the front amber in
color and one at the rear red in color. The marker lamps shall be located
at the same level and as widely spaced laterally and as near the top as
practicable, but not less than fifteen (15) inches above the surface of the
road;
4. On each side, with one intermediate amber side marker lamp, at or
near the midpoint between the front and rear side marker lamps, but not
less than fifteen (15) inches above the surface of the road. Provided, any
vehicle less than thirty (30) feet in overall length is not required to comply
with this paragraph;
5. On each side, with two reflex reflectors, one at the front amber in color
and one at the rear red in color. The reflex reflectors shall be located at
the same level and as widely spaced laterally and as near the top as
practicable, but not less than fifteen (15) inches above the surface of the
road; and
6. On each side, with one intermediate amber side reflex reflector, at or
near the midpoint between the front and rear side reflex reflectors, but not
less than fifteen (15) inches nor more than (60) inches above the surface of
the road. Provided, any vehicle less than thirty (30) feet in overall length is
not required to comply with this paragraph.
B. In addition to other equipment required in this chapter, every trucktractor
shall be equipped on the front, with two amber clearance lamps, one at
each side located at the same level and as widely spaced laterally and as near
the top as practicable.
C. In addition to other equipment required in this chapter, every pole trailer
shall be equipped:
1. On each side, with one red or amber side marker lamp and one amber
clearance lamp, which may be in combination, to show to the front, side
and rear; and
2. On the rear of the pole trailer or load, with two red reflex reflectors,
one at each side located at the same level and as widely spaced laterally
and as near the top as practicable, but not less than fifteen (15) inches
above the surface of the road; provided, any load overhang of four (4) feet
or more shall be lighted in compliance with Section 12-213 of this title.
D. Any required red reflector on the rear of a vehicle may be incorporated
with the tail lamp, but such reflector shall meet all the other reflector requirements
of this chapter.
E. In addition to other equipment required in this chapter, any motor
vehicle eighty (80) inches or more in overall width shall be equipped with:
1. Three identification lamps showing to the front which shall emit an
amber light; and
2. Three identification lamps showing to the rear which shall emit a red
light.
Such lamps shall be placed horizontally in a row between the clearance lamps
on the vertical center line of the vehicle.
LA 02-21, eff. Feb. 18, 2021.
§§ 12-209-12-210. Reserved
§ 12-211. Visibility of reflectors, clearance lamps and marker lamps
A. Every reflector upon any vehicle referred to in Section 12-208 of this title
shall be of such size and characteristics and so maintained as to be readily
visible at nighttime from all distances within six hundred (600) feet to one
hundred (100) feet from the vehicle when directly in front of lawful lower
beams of headlamps.
B. Front and rear clearance lamps shall be visible at nighttime from a
distance of one thousand (1,000) feet from the front and rear, respectively, of
the vehicle.
C. Side marker lamps shall be visible at nighttime from a distance of one
thousand (1,000) feet from the sides of the vehicles on which mounted.
LA 02-21, eff. Feb. 18, 2021.
§ 12-212. Reserved
§ 12-213. Lamps, reflectors, and flags on projecting load
A. Whenever the load upon any vehicle extends to the rear four (4) feet or
more beyond the bed or body of such vehicle, there shall be displayed at the
extreme rear end of the load, at the time specified in subsection B of Section
12-201 of this title:
1. Two red lights and two red reflectors positioned to indicate maximum
width; and
2. One red light facing to each side positioned to indicate maximum
overhang.
The required lights and reflectors may be mounted in combination at each
side of the vehicle and shall be visible from a distance of one thousand (1,000)
feet.
B. At any other time on any such vehicle, there shall be displayed at the
extreme rear end of such load red flags not less than twelve (12) inches square
marking the extremities of such load at each point where a lamp would
otherwise be required by this section.
LA 02-21, eff. Feb. 18, 2021.
§ 12-214. Lamps on parked or stopped motor vehicles
A. Whenever a motor vehicle or combination of vehicles is parked or
stopped, whether attended or unattended, upon a roadway or shoulder adjacent
thereto, and there is not sufficient light to reveal the parked or stopped vehicle
to the operator of another vehicle within a distance of one thousand (1,000) feet
upon such roadway or shoulder, such vehicle so parked or stopped shall display
the following:
1. At least two lamps displaying a white or amber light visible from a
distance of one thousand (1,000) feet to the front of the vehicle; and
2. At least two lamps displaying a red light visible at a distance of one
thousand (1,000) feet to the rear of the vehicle.
B. Subsection A of this section shall not apply to:
1. A vehicle parked or stopped on a street or highway with designated onstreet
parking or with a speed limit of twenty-five (25) miles per hour or
less:
a. when the vehicle is positioned as close as practicable to the outer
edge of the roadway or of the shoulder, if present, or
b. unless the street or highway is posted as a no-parking area;
2. A vehicle which has lost the ability to display lamps and the vehicle is
parked or stopped off the roadway;
3. A vehicle which is disabled, unattended, and parked or stopped off the
roadway; or
4. An authorized emergency vehicle of a law enforcement agency, when
such vehicle is parked or stopped on the shoulder.
C. Any lighted headlamps upon a parked or stopped vehicle shall be lower
beams.
LA 02-21, eff. Feb. 18, 2021.
§ 12-215. Lamps on farm tractors-Farm equipment and implements of
husbandry
A. Every farm tractor and every self-propelled farm equipment unit or
implement of husbandry not equipped with an electric lighting system shall at
all times, as mentioned in Section 12-201 of this title, be equipped with at least
one lamp displaying a white light visible when lighted from a distance of not
less than five hundred (500) feet to the front of such vehicle and shall also be
equipped with at least one lamp displaying a red light visible when lighted from
a distance of not less than five hundred (500) feet to the rear of such vehicle.
B. Every self-propelled unit of farm equipment not equipped with an electric
lighting system shall at all times, as mentioned in Section 12-201 of this
title, in addition to the lamps required in subsection A of this section, be
equipped with two red reflectors visible from all distances within six hundred
(600) feet to one hundred (100) feet to the rear when directly in front of lawful
upper beams of head lamps.
C. Every combination of farm tractor and towed unit of farm equipment or
implement of husbandry not equipped with an electric lighting system shall at
all times, as mentioned in Section 12-201 of this title, be equipped with the
following lamps:
1. At least one lamp mounted to indicate as nearly as practicable the
extreme left projection of said combination and displaying a white light
visible when lighted from a distance of not less than five hundred (500) feet
to the front of said combination; and
2. Two lamps each displaying a red light visible when lighted from a
distance of not less than five hundred (500) feet to the rear of said
combination or, as an alternative, at least one lamp displaying a red light
visible when lighted from a distance of not less than five hundred (500) feet
to the rear thereof and two red reflectors visible from all distances within
six hundred (600) feet to one hundred (100) feet to the rear thereof when
illuminated by the upper beams of head lamps.
D. Every farm tractor and every self-propelled unit of farm equipment or
implement of husbandry equipped with an electric lighting system shall at all
times, as mentioned in Section 12-201 of this title, be equipped with two singlebeam
or multiple- beam head lamps meeting the requirements of Section
12-203.3 of this title or, as an alternative, Section 12-602.1 of this title, and at
least one red lamp visible when lighted from a distance of not less than five
hundred (500) feet to the rear; provided, however, that every such selfpropelled
unit of farm equipment other than a farm tractor shall have two such
red lamps or, as an alternative, one such red lamp and two red reflectors visible
from all distances within six hundred (600) feet to one hundred (100) feet when
directly in front of lawful upper beams of head lamps.
E. Every combination of farm tractor and towed farm equipment or towed
implement of husbandry equipped with an electric lighting system shall at all
times, as mentioned in Section 12-201 of this title, be equipped with lamps as
follows:
1. The farm tractor element of every such combination shall be equipped
as required in subsection D of this section.
2. The towed unit of farm equipment or implement of husbandry element
of such combination shall be equipped with two red lamps visible when
lighted from a distance of not less than five hundred (500) feet to the rear
or, as an alternative, two red reflectors visible from all distances within six
hundred (600) to one hundred (100) feet to the rear when directly in front
of lawful upper beams of head lamps.
3. Said combinations shall also be equipped with a lamp displaying a
white or amber light, of any shade of color between white and amber,
visible when lighted from a distance of not less than five hundred (500) feet
to the front and a lamp displaying a red light visible when lighted from a
distance of not less than five hundred (500) feet to the rear.
F. The lamps and reflectors required in subsections A through E of this
section shall be so positioned as to show from front and rear as nearly as
practicable the extreme projection of the vehicle carrying them on the side of
the roadway used in passing such vehicle. If a farm tractor, or a unit of farm
equipment, whether self-propelled or towed, is equipped with two or more
lamps or reflectors visible from the front or two or more lamps or reflectors
visible from the rear, such lamps or reflectors shall be so positioned that the
extreme projections both to the left and to the right of said vehicle shall be
indicated as nearly as practicable.
G. Every farm tractor and every self-propelled farm equipment unit or
implement of husbandry may be equipped with a flashing, strobe-light-type
device that when lighted is visible from a distance of not less than five hundred
(500) feet to the front of the vehicle or from a distance of not less than five
hundred (500) feet to the rear of the vehicle.
LA 02-21, eff. Feb. 18, 2021.
§ 12-216. Lamps, lighting devices, or reflectors on animal-drawn and certain
other vehicles
A. Animal-drawn vehicles and vehicles referred to in subsection C of Section
12-101 of this title, not specifically required by the provisions of this
chapter to be equipped with lamps or other lighting devices, shall, at all times
specified in subsection B of Section 12-201 of this title, be equipped with at
least one lamp emitting a white light visible from a distance of not less than one
thousand (1,000) feet to the front of said vehicle, and shall also be equipped
with two lamps displaying red light visible from a distance of not less than one
thousand (1,000) feet to the rear of said vehicle or, as an alternative, one lamp
displaying a red light visible from a distance of not less than one thousand
(1,000) feet to the rear and two red reflectors visible for distances of six
hundred (600) feet to one hundred (100) feet to the rear when illuminated by
the lower beams of headlamps.
B. The failure on the part of an owner or driver of any vehicle specified in
this section to display any lamp, lighting device, or reflector required by this
section shall not relieve the operator of a motor vehicle from negligence in the
event of a collision.
LA 02-21, eff. Feb. 18, 2021.
§ 12-217. Auxiliary, fog, and off-road lamps
A. As used in this article:
1. ‘‘Auxiliary driving lamp’’ means a lamp mounted to provide illumination
to the front of a motor vehicle;
2. ‘‘Daytime running lamp’’ means a lamp mounted to provide illumination
to the front of a motor vehicle that will assist to identify its presence to
other vehicles and pedestrians at times other than those specified in
subsection B of Section 12-201 of this title;
3. ‘‘Front fog lamp’’ means a lamp mounted to provide illumination to the
front of a motor vehicle during conditions of rain, snow, fog, dust, or other
atmospheric disturbances;
4. ‘‘Rear fog lamp’’ means a lamp mounted to provide illumination to the
rear of a motor vehicle during conditions of rain, snow, fog, dust, or other
atmospheric disturbances;
5. ‘‘Off-road lamp’’ means any lamp designed and manufactured solely for
off-road use; and
6. ‘‘Spot lamp’’ means a movable lamp which emits a brilliant light with a
focused beam for examining objects, street address numbers, and other
things alongside the road.
B. Any motor vehicle may be equipped with not to exceed two spot lamps
which shall not be used in substitution of headlamps.
C. The operator of any motor vehicle:
1. Which has in use a spot lamp shall, upon the approach of another
vehicle from any direction within one thousand (1,000) feet, immediately
turn said spot lamp off;
2. Shall not use or turn on a spot lamp when approaching or following
another motor vehicle within one thousand (1,000) feet; and
3. Shall not use or turn on a spot lamp to cause a vehicle to yield right-ofway
or stop.
The provisions of this subsection shall not apply to operators of authorized
emergency vehicles.
D. 1. A motor vehicle may be equipped with not to exceed two front fog
lamps or two rear fog lamps which shall only be used when visibility, as
described in paragraphs 3 and 4 of subsection A of this section, is limited to
one-half (1⁄2) mile or less.
2. Front fog lamps shall be mounted on the same level on opposite sides
of the front of the vehicle at or below the level of the headlamps. Front fog
lamps may be used with lower beam headlamps or switch controlled in
conjunction with the headlamps and may be used, at the discretion of the
driver, with either low or high beam headlamps. Front fog lamps shall not
be used in substitution of headlamps, when headlamps are required.
E. A motor vehicle may be equipped with not to exceed two auxiliary
driving lamps mounted at a height of more than forty- two (42) inches from the
ground. The auxiliary driving lamps may be used with lower beam headlamps
or switch controlled in conjunction with the headlamps and may be used, at the
discretion of the driver, with either low or high beam headlamps.
F. Every fog lamp or auxiliary driving lamp used upon a motor vehicle shall
be so adjusted and aimed that no part of the high intensity portion of the beam
shall, at a distance of twenty-five (25) feet, rise above the horizontal plane
passing through the center of the lamp.
G. Notwithstanding any other provision of law, a vehicle may be equipped
with off-road lamps for use as headlamps while the vehicle is operated or
driven off of a highway. The lamps shall be:
1. Mounted at a height of not less than forty-two (42) inches from the
ground;
2. Wired independently of all other lighting; and
3. Turned off whenever the vehicle is operated or driven upon a highway.
H. 1. A motor vehicle may be equipped with not to exceed two daytime
running lamps which conform to 49 C.F.R., Section 571.108, S5.5.11.
2. Daytime running lamps shall not be used in substitution of headlamps.
3. Daytime running lamps shall be mounted on the front of a motor
vehicle and shall be wired to be:
a. automatically activated when the vehicle is started, and
b. automatically deactivated when the headlamp control is in any
‘‘on’’ position.
LA 02-21, eff. Feb. 18, 2021.
§ 12-218. Emergency vehicles-Flashing lights
A. Every authorized emergency vehicle shall, in addition to any other
equipment and distinctive markings required by this title, be equipped with
flashing red or blue lights or a combination of flashing red and blue lights. The
lights shall be visible at five hundred (500) feet in normal sunlight.
B. A law enforcement vehicle when used as an authorized emergency
vehicle may but need not be equipped with alternately- flashing red or blue
lights specified herein. An unmarked vehicle used as a law enforcement
vehicle for routine traffic enforcement shall be equipped with the following
combination of lights:
1. Three flashing red, blue, or a combination of red and blue lights
emitting the flashing lights to the front of the vehicle;
2. Two flashing white lights emitting the flashing white lights to the front
of the vehicle;
3. Flashing red, blue, white or any combination of red, blue or white
lights placed at and emitting the flashing lights from the four corners of the
vehicle so that they are visible for three hundred sixty (360) degrees; and
4. One flashing red, blue, amber, or any combination of red, blue, or
amber lights emitting the flashing light to the rear of the vehicle.
C. The use of the signal equipment described herein shall impose upon
drivers of other vehicles the obligation to yield right- of-way and stop for
authorized emergency vehicles, as prescribed in Section 11-405 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-218.1. Flashing lights on licensed wreckers
Flashing red or blue lights or a combination of flashing red and blue lights may
be used on licensed Class AA wreckers or wrecker support vehicles at the scene
of an emergency.
Any licensed Class AA wrecker or wrecker support vehicle may be equipped
with a lamp displaying an amber light, visible from a distance of not less than
five hundred (500) feet to the front of the vehicle or from a distance of not less
than five hundred (500) feet to the rear of the vehicle. Such lamp shall only be
used when leaving the scene of a tow service call and for the purpose of
warning the operators of other vehicles to exercise care in approaching,
overtaking or passing such vehicle.
LA 02-21, eff. Feb. 18, 2021.
§ 12-218.2. Vehicles operated by rural letter carriers or any highway
contract route vehicles delivering mail-Flashing lights
Any privately owned motor vehicle operated by a rural letter carrier or any
highway contract route vehicle while engaged in the delivery of mail may be
equipped with no more than two simultaneously flashing amber lights and a
sign reading ‘‘U.S. MAIL’’ for the purpose of warning the operators of other
vehicles to exercise care in approaching, overtaking, or passing. Such lights
shall be activated as the rural carrier stops on or adjacent to the roadway for
the purpose of delivering or collecting United States mail. Such lights shall be
of double face or two-way type, be visible when turned on for at least five
hundred (500) feet to the front and rear of the vehicle in normal sunlight, be
mounted on the highest part of the roof of the vehicle and be spaced laterally as
far as practicable to each side of the vehicle. The sign and lights shall be
installed so that the sign is lowered and lights turned off before the first stop on
the route and following the last one.
LA 02-21, eff. Feb. 18, 2021.
§ 12-219. Reserved
§ 12-220. Back-up and vehicular hazard warning lamps
A. Any motor vehicle shall be equipped with not more than two back-up
lamps either separately or in combination with other lamps. Any back-up lamp
shall not be lighted when the motor vehicle is in forward motion.
B. Every vehicle shall be equipped with vehicular hazard warning lamps
required for that vehicle at the time the vehicle was manufactured by standards
of the United States Department of Transportation pursuant to 49 C.F.R.,
Section 571.108. Such lamps shall be used for the purpose of warning the
operators of other vehicles of the presence of a vehicular traffic hazard
requiring the exercise of unusual care in approaching, overtaking or passing,
and when so equipped may display such warning in addition to any other
warning signals required by this title. The lamps used to display such warning
to the front shall be mounted at the same level and as widely spaced laterally as
practicable, and shall display simultaneously flashing white or amber lights, or
any shade of color between white and amber. The lamps used to display such
warning to the rear shall be mounted at the same level and as widely spaced
laterally as practicable, and shall show simultaneously flashing amber or red
lights, or any shade of color between amber and red. These warning lights
shall be visible from a distance of not less than five hundred (500) feet in
normal sunlight.
C. Any vehicle may be equipped with one or more side marker lamps and
any such lamp may be flashed in conjunction with the turn or vehicular hazard
warning lamps.
LA 02-21, eff. Feb. 18, 2021.
§§ 12-221-226. Reserved
§ 12-227. Special restriction on lamps
A. Any lighted lamp or illuminating device upon a motor vehicle, other than
headlamps, spot lamps, auxiliary driving lamps, flashing turn signals, vehicular
hazard warning lamps, authorized emergency vehicle lamps, snow removal and
construction and maintenance vehicle warning lamps, and school bus and
church bus warning lamps, which projects a beam of light of an intensity
greater than three hundred (300) candlepower shall be so directed that no part
of the high intensity portion of the beam will strike the level of the roadway on
which the vehicle stands at a distance of more than seventy-five (75) feet from
the vehicle.
B. Except as provided in Sections 12-218, 12-218.1, 12-228, and 12-229 of
this title, no person shall drive or move any vehicle or equipment upon any
highway with any lamp or device thereon displaying or capable of displaying a
red or blue light visible from directly in front of the center thereof.
C. Flashing lights are prohibited except on:
1. An authorized emergency vehicle, as provided in Section 12-218 of this
title;
2. A school bus or a church bus, as provided in Section 12-228 of this
title;
3. Any snow-removal, construction and maintenance equipment, as provided
in Section 12-229 of this title;
4. A wrecker or tow vehicle while at the scene of an emergency or loading
or unloading a vehicle in close proximity to traffic as needed for safety
precautions or as a means of indicating the presence of a vehicular traffic
hazard requiring unusual care in approaching, overtaking or passing, as
provided in Section 12-218.1 of this title;
5. Any vehicle as a means of indicating a right or left turn, as provided in
Sections 12-206.1 and 12-606 of this title;
6. Any vehicle as a means of indicating the presence of a vehicular traffic
hazard requiring unusual care in approaching, overtaking or passing, as
provided in Section 12-220 of this title;
7. Any vehicle displaying side marker lamps which flash in conjunction
with turn signal lamps or vehicle hazard warning lamps, as provided in
Section 12-220 of this title;
8. A farm tractor or an implement of husbandry, as provided in Section
12-215 of this title;
9. Any vehicle used while performing official duties as a rural or contract
route mail carrier of the United States Postal Service, as provided in
Section 12-218.2 of this title; or
10. Any vehicle being used in the collection of refuse, solid waste or
recyclables displaying side marker lamps which flash in conjunction with
turn signal lamps or vehicle hazard warning lamps indicating the presence
of a vehicular traffic hazard requiring unusual care in approaching, overtaking
or passing, as provided in Section 12-220 of this title.
D. Blue lights are prohibited except as allowed in Sections 12-218,
12-218.1, and 12-229 of this title.
E. Any person violating the provisions of subsection B, C or D of this section
shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment
for a term not to exceed six (6) months, or by a fine of an amount not to exceed
Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.
LA 02-21, eff. Feb. 18, 2021.
§ 12-228. Special lighting equipment and warning devices on school buses
and church buses
A. In addition to any other equipment and distinctive markings required by
this title, every school bus and every church bus shall be equipped with signal
lamps mounted as high and as widely spaced laterally as practicable, which
shall display to the front two alternately flashing red lights located at the same
level and to the rear two alternately flashing red lights located at the same
level. These lights shall be visible at five hundred (500) feet in normal sunlight.
B. Every school bus shall bear upon the front and rear thereof plainly
visible signs containing the words ‘‘SCHOOL BUS’’ in letters not less than eight
(8) inches in height, located between the warning signal lights as high as
possible without impairing visibility of the lettering, and have no other lettering
on the front or rear of the vehicle, except as required by 47 C.F.R., Part 571.
C. Every church bus shall bear upon the front and rear thereof plainly
visible signs containing the words ‘‘CHURCH BUS’’ in letters not less than
eight (8) inches in height, located between the warning signal lights as high as
possible without impairing visibility of the lettering. In addition, such church
bus may be equipped with visual signals meeting the requirements of subsection
A of this section.
D. Every school bus manufactured on or after September 1, 1992, shall be
equipped with a stop signal arm that complies with 49 C.F.R., Section 571.131.
E. In addition to the lights required by subsection A of this section, any
school bus shall be equipped with amber signal lamps mounted near each of
the four red lamps and at the same level but closer to the vertical center line of
the bus, which shall display two alternately flashing amber lights to the front
and two alternately flashing amber lights to the rear. These lights shall be
visible at five hundred (500) feet in normal sunlight. These lights shall be
displayed by the school bus driver at least one hundred (100) feet, but not more
than five hundred (500) feet, before every stop at which the alternately flashing
red lights required by subsection A will be actuated.
F. The State Board of Education, with the approval of the Commissioner of
Public Safety, is authorized to adopt standards and specifications applicable to
lighting equipment on and special warning devices to be carried by school
buses consistent with, and supplemental to, the provisions of this chapter.
Such standards and specifications shall be identical to any Federal Motor
Vehicle Safety Standard which regulates the same aspect of performance of the
same equipment or device. Where there is no applicable Federal Motor
Vehicle Safety Standard, the standards and specifications shall conform to the
greatest extent feasible with any other relevant standard issued or endorsed by
federal agencies or recognized standard-setting organizations.
G. During the time any school bus or church bus is operating, the school
bus or church bus shall have its headlights activated.
H. It shall be unlawful to operate any red flashing warning signal light on
any school bus except when any said school bus is stopped on a highway for the
purpose of permitting school children to board or discharge from said school
bus.
I. It shall be unlawful to operate any red flashing warning signal light on
any church bus except when any said bus is stopped on a highway for the
purpose of permitting passengers to board or discharge from said bus.
J. The use of the signal equipment described herein shall impose upon
drivers of other vehicles the obligation to yield right- of-way and stop for school
buses, as prescribed in Section 11-705 of this title, and for church buses, as
prescribed in Section 11-705.1 of this title.
K. The loading lamps on school buses converted for purposes other than
transporting pupils to or from school shall be disconnected, except for buses
purchased for use by religious organizations as church buses.
LA 02-21, eff. Feb. 18, 2021.
§ 12-229. Standards and specifications for lights on vehicles or machinery
operated by state or other government jurisdictions
A. The Department of Transportation shall adopt standards and specifications
applicable to headlamps, clearance lamps, identification and other lamps
on snow-removal equipment, when operated on the highways of this state in
lieu of the lamps otherwise required on motor vehicles by this chapter. Such
standards and specifications may permit the use of flashing lights for purposes
of identification on snow-removal equipment when in service upon the highways.
The standards and specifications for lamps referred to in this section
shall correlate with and, so far as possible, conform with those approved by the
American Association of State Highway Officials.
B. It shall be unlawful to operate any snow-removal equipment on any
highway unless the lamps thereon comply with and are lighted when and as
required by the standards and specifications adopted as provided in this
section.
C. Flashing amber lights may be used on vehicles or machinery owned or
operated by any agency of the state or by any county or city when engaged in
the performance of emergency work or on the construction or maintenance of
highways.
D. Rear facing flashing red and blue lights may be used on vehicles or
machinery owned or operated by the Oklahoma Department of Transportation,
the Oklahoma Turnpike Authority, or by any county when engaged in the
performance of emergency work or on the construction or maintenance of
highways.
LA 02-21, eff. Feb. 18, 2021.
§§ 12-230-231. Reserved
§ 12-232. Vans operated for nonprofit charitable organization equipped
with strobe-light-type device
A. Every multiple-passenger van owned and operated by a nonprofit charitable
organization for the purpose of transporting children to or from any
destination may be equipped with a flashing, strobe-light-type device that when
lighted may be visible from a distance of not less than five hundred (500) feet to
the front of the vehicle or from a distance of not less than five hundred (500)
feet to the rear of the vehicle.
B. During the time that the multiple-passenger van is operating, the multiple-
passenger van may have the strobe-light-type device activated.
C. Each vehicle displaying such lights shall simulate the color of lights used
on school buses as provided in Section 12-228 of this Title.
D. As used in this section, ‘‘nonprofit charitable organization’’ shall mean
any organization that is exempt from taxation pursuant to the provisions of the
Internal Revenue Code, 26 United States Code, Section 501(c)(3).
LA 02-21, eff. Feb. 18, 2021.
ARTICLE III
§ 12-301. Brake equipment required
A. Every motor vehicle manufactured prior to September 1, 1961, when
operated upon a highway shall be equipped with brakes adequate to control the
movement of and to stop and hold such vehicle, including two separate means
of applying the brakes, each of which means shall be effective to apply the
brakes to at least two wheels. If these two separate means of applying the
brakes are connected in any way they shall be so constructed that failure of any
one part of the operating mechanism shall not leave the motor vehicle without
brakes on at least two wheels.
B. 1. Every motor vehicle manufactured on or after September 1, 1961,
operated upon the highways shall be equipped with service brakes upon all
wheels.
2. A truck or truck-tractor having three or more axles need not be
equipped with brakes on the front axle if:
a. the vehicle was manufactured on or before July 24, 1980, or
b. the vehicle was manufactured on or after July 25, 1980, but no
later than October 26, 1986, and the brake components have not been
removed. If the brake components have been removed, the vehicle
shall be retrofitted to meet the requirements of this section.
C. 1. Every trailer, semitrailer, and pole trailer of a gross vehicle weight
rating of three thousand (3,000) pounds or more when operated upon a
highway shall be equipped with brakes:
a. adequate to control the movement of and to stop and to hold such
vehicle,
b. so designated as to be applied by the driver of the towing motor
vehicle from its cab. Provided, braking systems commonly known as
‘‘surge brakes’’ shall be lawful when used on a trailer which is towing
or transporting a vessel or vessels, and
c. so designed and connected that in case of an accidental breakaway
of the towed vehicle the brakes shall be automatically applied.
2. Every trailer, semitrailer, and pole trailer required to be equipped with
brakes, except motor vehicles engaged in drive-away tow-away operations
as provided in 49 C.F.R., Part 393.42, shall be equipped with brakes which
are designed to be applied automatically and promptly upon break-away
from the towing vehicle, and means shall be provided to maintain application
of the brakes on the trailer in such a case for at least fifteen (15)
minutes.
3. Any trailer, semitrailer, or pole trailer having a gross vehicle weight
rating of less than three thousand (3,000) pounds need not be equipped
with brakes; provided, the trailer, semitrailer, or pole trailer shall be
equipped with brakes if the weight of the towed vehicle exceeds forty
percent (40%) of the gross vehicle weight rating of the towing vehicle.
D. Every motor vehicle and every combination of vehicles shall be equipped
with a parking brake system adequate to hold the vehicle or combination on
any grade on which it is operated under all conditions of loading, on a surface
free from snow, ice, or loose material.
E. The braking system on the rear axle of any motor vehicle may be used for
both service brake and parking brake operation.
F. 1. Air brake systems installed on towed vehicles manufactured shall be
designed as provided in 49 C.F.R., Section 393.43.
2. Every truck or truck-tractor, if used to tow a trailer equipped with
brakes, shall be equipped with service brakes as provided in 49 C.F.R.,
Section 393.43.
3. Every truck or truck tractor equipped with air brakes, when used to
tow another vehicle equipped with full air brakes, in operations other than
drive-away or tow-away, shall, in addition to the above, be equipped with
two means of activating the emergency features of the trailer brakes as
provided in 49 C.F.R., Section 393.43.
4. Every motor vehicle which is equipped with power brakes, shall
comply with 49 C.F.R., Section 393.49.
5. Every truck tractor and truck used for towing other vehicles equipped
with vacuum brakes, in operations other than drive- away tow-away, on
and after September 1, 1961, shall, in addition to other requirements of
state and federal law, comply with 49 C.F.R., Section 393.43.
G. Every bus, truck, and truck-tractor which is equipped with an air or
vacuum brake system, shall be equipped with a reservoir as required by 49
C.F.R., Section 393.50, sufficient to insure a brake application capable of
stopping the vehicle within the stopping distance requirements of Section
12-302 of this title in the event the engine stops.
H. Every bus, truck and truck-tractor shall be equipped with service brake
warning devices and signals as required by 49 C.F.R., Part 393.51.
I. All brakes shall be maintained in good working order and shall be so
adjusted as to operate as equally as practicable with respect to the wheels on
opposite sides of the vehicle. The brakes shall be capable of stopping the
vehicle, or a combination of vehicles, within the stopping distance requirements
of Section 12-302 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-302. Performance ability of brakes
A. Every motor vehicle or combination of vehicles, at all times and under all
conditions of loading, upon application of the service brake, shall be capable of:
1. Developing a braking force that is not less than the percentage of its
gross weight, as specified in subsection D of this section;
2. Decelerating to a stop from a speed of twenty (20) miles per hour at not
less than the rate specified in subsection D of this section; and
3. Stopping from a speed of twenty (20) miles per hour in not more than
the distance specified in subsection D of this section, such distance to be
measured from the point at which movement of the service brake pedal or
control begins.
B. Upon application of the parking brake system and with no other brake
system applied, a motor vehicle or combination of motor vehicles shall, at all
times and under all conditions of loading, be capable of stopping from a speed
of twenty (20) miles per hour in not more than the distance specified in
subsection D of this section, such distance to be measured from the point at
which movement of the emergency brake control begins.
C. Conformity to the stopping-distance requirements of subsections A and B
of this section shall be determined under the following conditions:
1. Any test must be made with the vehicle on a hard surface that is
substantially level, dry, smooth, and free of loose material; and
2. The vehicle must be in the center of a twelve-foot-wide lane when the
test begins and must not deviate from that lane during the test.
D. The vehicle brake performance table contained in 47 O.S. § 12-302, and
any amendments thereto, shall be incorporated into this section.
E. Tests for deceleration and stopping distance shall be made on a substantially
level (not to exceed plus or minus one percent (1%) grade), dry, smooth,
hard surface that is free from loose material.
LA 02-21, eff. Feb. 18, 2021.
§§ 12-303-315. Reserved
ARTICLE IV
OTHER EQUIPMENT
§ 12-401. Horns and warning devices
A. Every motor vehicle when operated upon a highway shall be equipped
with a horn in good working order and capable of emitting sound audible
under normal conditions from a distance of not less than two hundred (200)
feet, but no horn or other warning device shall emit an unreasonably loud or
harsh sound. The driver of a motor vehicle shall, when reasonably necessary
to insure safe operation, give audible warning with a horn but shall not
otherwise use such horn when upon a highway.
B. No vehicle shall be equipped with nor shall any person use upon a
vehicle any siren, except as otherwise permitted in subsection D of this section.
C. Any vehicle may be equipped with a theft alarm signal device which is so
arranged that it cannot be used by the driver as an ordinary warning signal. A
theft alarm signal device shall not use a siren, as described in subsection D of
this section.
D. Every authorized emergency vehicle shall, in addition to any other
equipment and distinctive markings required by this title, be equipped with a
siren, or similar device, capable of emitting sound audible under normal
conditions from a distance of not less than five hundred (500) feet and of a type
approved by the Department of Public Safety, but such siren shall not be used
except when such vehicle is operated in response to an emergency call or in the
immediate pursuit of an actual or suspected violator of the law, in which said
latter events the driver of such vehicle shall sound said siren when reasonably
necessary to warn pedestrians and other drivers of the approach thereof.
E. It shall be unlawful for any person to use a device capable of producing
auditory warning signals similar to that on an authorized emergency vehicle or
to use audible signal equipment from a motor vehicle for the purpose of
causing any other motor vehicle operator to yield right-of-way and stop, or
which actually causes any other motor vehicle operator to yield the right-of-way
and stop, whether intended or not. The provisions of this subsection shall not
apply to the operators of authorized emergency vehicles.
LA 02-21, eff. Feb. 18, 2021.
§ 12-402. Mufflers or other noise-suppressing systems-Prevention of excessive
or unusual noise
A. Every vehicle shall be equipped, maintained, and operated so as to
prevent excessive or unusual noise. Every motor vehicle shall at all times be
equipped with a muffler or other effective noise-suppressing system in good
working order and in constant operation, and no person shall use a muffler cutout,
bypass or similar device. No person shall modify the exhaust system of a
motor vehicle in any manner which will amplify or increase the noise or sound
emitted louder than that emitted by the muffler originally installed on the
vehicle.
B. The engine and power mechanism of every motor vehicle shall be so
equipped and adjusted as to prevent the escape of excessive fumes or smoke, or
both.
LA 02-21, eff. Feb. 18, 2021.
§ 12-403. Mirrors
A. Every motor vehicle shall be equipped with a mirror mounted on the left
side of the vehicle and so positioned and located as to reflect to the driver a
view of the highway to the rear of the motor vehicle.
B. Every motor vehicle shall be equipped with an additional mirror mounted
either inside the vehicle approximately in the center or outside the vehicle
on the right side and so positioned and located as to reflect to the driver a view
of the highway to the rear of the vehicle.
C. Every school bus and church bus shall be equipped with a mirror system
so positioned and located as to reflect to the driver, when seated in the bus
driver’s position, the presence of a pedestrian directly in front of the bus and
beneath the driver’s direct line of sight.
LA 02-21, eff. Feb. 18, 2021.
§ 12-404. Windshields and windows-Obstruction, obscuring, or impairing
of driver’s view-Electric windshield wiper mechanism
A. As used in this section:
1. ‘‘Critical area’’ means the area cleaned by the normal sweep of the
windshield wiper blade on the driver’s side. The area covered by the wiper
blade cannot be reduced from manufacturer’s original specifications;
2. ‘‘Noncritical areas’’ means all other areas;
3. ‘‘Outright breakage’’ means glass which is severely cracked or shattered
to the extent that air passes through it or, if by running a fingertip
over the cracked area, the glass moves or sharp edges can be felt;
4. ‘‘Star break or shot damage’’ means a vented break with cracks
radiating from the point of impact; and
5. ‘‘Stress or hairline crack’’ means a crack which has no visible point of
impact.
B. No person shall operate any motor vehicle which:
1. Is not equipped with a windshield;
2. Has any outright breakage in the windshield or in the window on
either side of the driver;
3. Has any star break or shot damage, three (3) inches or more in
diameter, located in the critical area; or
4. Has two or more stress or hairline cracks, twelve (12) inches or more
in combined length, located in the critical area.
C. No person shall drive any motor vehicle with any sign, poster, other
nontransparent material, or debris, including but not limited to snow, ice, or
frost, upon the front windshield or the side wings, or side or rear windows or
suspend any sign, poster, object, or other material from the interior of the
vehicle which materially obstructs, obscures, or impairs the driver’s clear view
of the highway ahead or to either side or of any intersecting highway.
D. The windshield on every motor vehicle shall be equipped with an electric
windshield wiper mechanism for cleaning rain, snow, or other moisture from
the windshield.
Every windshield wiper blade and windshield wiper mechanism upon a
motor vehicle shall be maintained in good working order. When replacing the
wiper blade, the length of the blade shall not be reduced from the manufacturer’s
specification.
LA 02-21, eff. Feb. 18, 2021.
§ 12-405. Tires and wheels-Peripheral equipment-Unsafe operating condition
A. Every solid rubber tire on a vehicle shall have rubber on its entire
traction surface at least one inch thick above the edge of the flange of the entire
periphery.
B. A person shall not operate or move on any hard-surfaced highway any
vehicle having any metal tire in contact with the roadway, except when
authorized by special permit as provided in subsection E of this section.
C. 1. Any tire on a vehicle moved on a highway shall not have on its
periphery any block, stud, flange, cleat or spike or any other protuberance of
any material other than rubber which projects beyond the tread of the traction
surface of the tire, except that it shall be permissible:
a. to use farm tractors or implements of husbandry with tires having
protuberances which will not injure the highway,
b. to use tire chains of reasonable proportions upon any vehicle when
required for safety because of snow, ice, or other conditions tending to
cause a vehicle to skid, or
c. for pneumatic tires equipped with or having on their periphery
studs of metal, porcelain or other material to be sold or used in this
state, if constructed to provide resiliency upon contact with the road
surface, so that not more than three percent (3%) in the aggregate of
the traction surface of such tire be composed of such studs and so that
such studs do not project more than three thirty-seconds (3⁄32) of an
inch beyond the tread of the traction surface of such tire and have a
rate of wear which will so limit such projection.
2. The exceptions permitted in paragraph 1 of this subsection shall be
subject to the following restrictions:
a. the use of such tires or tire chains shall be limited to vehicles with
rated capacities up to and including two (2) tons,
b. any tire so equipped shall not be used on a public highway earlier
than November 1 of each year or later than April 1 of the following
year, and
c. copies of this subsection shall be posted in all places at which tires
or tire chains are sold, and a printed or written warning on the time
limitation for the use of such tires or tire chains shall be furnished to
each buyer, purchaser, or user by the seller of such studded tires or
tire chains.
D. Operator selectable ‘‘on demand’’ studded tires having traction-enhancing
studs located outside the normal tread area which allows their operation as
conventional tires on dry roads or as studded tires on ice-coated roads by the
expedient of reducing or increasing the air pressure within the tires, shall be
exempt from the prohibitions of subsection C of this section with the following
exceptions:
1. The use of such tires shall be limited to vehicles with rated capacities
up to and including two (2) tons;
2. Any such tire shall not be deflated so that the studs lower and make
contact with the road surface earlier than November 1 of each year or later
than April 1 of the following year.
E. The Department of Public Safety and local authorities in their respective
jurisdictions may in their discretion issue special permits authorizing the
operation upon a highway of traction engines or tractors having movable tracks
with transverse corrugations upon the periphery of such movable tracks or
farm tractors or other farm machinery, the operation of which upon a highway
would otherwise be prohibited under this section.
F. A person shall not operate any vehicle when one or more of the tires in
use on that vehicle is in unsafe operating condition or has a tread depth less
than two-thirty-seconds (2⁄32) inch measured in any two adjacent tread grooves
at three equally spaced intervals around the circumference of the tire; provided,
such measurements shall not be made at the location of any tread wear
indicator, tie bar, hump, or fillet. As used in this subsection, an unsafe tire
includes, but is not limited to, any tire:
1. On which the ply or cord is exposed in the tread area;
2. Which has been regrooved or recut below the original groove depth,
except tires that have been designed with under-rubber sufficient for
regrooving and are so marked;
3. Marked ‘‘Farm Implement Only’’, ‘‘Not for Highway Use’’, or any other
marking that would indicate that the tire is not for normal highway use;
provided, no such marking shall be altered or removed;
4. On which any bulges, bumps, or knots show in the tread or sidewall
area; or
5. On the front steering axle of a truck-tractor which has tread depth
measuring less than four-thirty-seconds (4⁄32) inch.
G. Every wheel on a vehicle shall not be cracked and shall be securely
fastened to the hub of the vehicle with all lug nuts properly affixed.
LA 02-21, eff. Feb. 18, 2021.
§ 12-405.1. Coupling devices-Stay chains, cables or other safety devices
A. Every trailer, semitrailer, manufactured home, or towed motor vehicle
shall be equipped with a coupling device which shall be designed, constructed,
and used so that the trailer, semitrailer, manufactured home, or towed motor
vehicle will follow substantially in the path of the vehicle drawing it without
whipping or swerving from side to side. In addition, every such trailer,
semitrailer, manufactured home, or towed motor vehicle, except a semitrailer
drawn by a truck-tractor type designed to draw or support the front end of a
semitrailer, shall be coupled with:
1. Stay chains or cables to the vehicle by which it is being drawn, which
chains or cable shall be of sufficient size and strength to prevent parting
from the drawing vehicle, should the regular coupling device break or
become otherwise disengaged; or
2. Chains, cables or a safety device which provides strength, security of
attachment and directional stability equal to or greater than that provided
by safety chains and which prevent parting from the drawing vehicle
should the regular coupling device break or otherwise become disengaged.
The safety device shall be designed, constructed, and installed so that if the
coupling device fails or becomes disconnected the coupling device will not
drop to the ground.
B. Nothing in this section shall be construed as excepting commercial
vehicles subject to the provisions of 49 C.F.R., Subpart F, Coupling Devices and
Towing Methods, from complying with the provisions thereof.
C. No person shall tow any vehicle by sole use of a chain, cable, ropes, or
any combination thereof.
LA 02-21, eff. Feb. 18, 2021.
§ 12-405.2. Fuel tanks and intake pipes-Projection beyond side of vehicle-
Construction and attachment
A. No fuel tank or intake pipe on any motor vehicle shall project beyond the
side of the motor vehicle. In no case shall the fuel tank or fuel intake pipe on
any bus be located within or above the passenger-carrying portion of the bus.
B. Any fuel tank carried upon a motor vehicle, including any auxiliary tank,
shall be of substantial construction, permanently and securely attached to the
motor vehicle.
LA 02-21, eff. Feb. 18, 2021.
§ 12-405.3. Aprons
All vehicles or combination of vehicles operating on the highways, except
animal-drawn vehicles, not equipped with fenders over the rearmost wheels
shall have attached thereto a rubber or fabric apron directly behind the
rearmost wheels, and hanging perpendicular from the body of the vehicle. The
apron shall be of such a size as to prevent the bulk of the water or any other
substance picked up from the roadway from being thrown from the rear wheels
of the vehicle or combination of vehicles at tangents exceeding twenty-two and
one half (22 1⁄2) degrees measured from the road surface. The provisions of this
subsection shall not apply to a farm tractor moving over the state highway
system at a speed less than twenty (20) miles per hour.
LA 02-21, eff. Feb. 18, 2021.
§ 12-406. Safety glazing material or safety glass-Standards-Identification
markings-Sale or replacement
A. A motor vehicle as specified herein shall not be registered thereafter
unless such vehicle is equipped with safety glazing material or safety glass of a
type prescribed in this section wherever glazing material or glass is used in
doors, windows, and windshields. The foregoing provisions shall apply to all
passenger cars, lightweight vehicles, buses, school buses, and church buses, but
in respect to trucks, including truck-tractors, the requirements as to safety
glazing material or safety glass shall apply to all glazing material and glass used
in doors, windows, and windshields in the drivers’ compartments of such
vehicles.
B. The term ‘‘safety glazing materials’’ or ‘‘safety glass’’ means glazing
materials or glass so constructed, treated, or combined with other materials as
to reduce substantially, in comparison with ordinary sheet glass or plate glass,
the likelihood of injury to persons by objects from exterior sources or by the
safety glazing materials or safety glass when they may be cracked or broken.
C. All safety glazing materials and safety glass shall bear the manufacturer’s
trademark and the words ‘‘American Standard’’ or the letters ‘‘AS’’ followed by
a number indicating the position in which the glass shall be used. Safety
glazing materials or safety glass bearing the following identification markings
shall be used in the designated locations:
1. Laminated safety glass marked ‘‘AS-1’’ is required in windshields and
is acceptable at any other location in the vehicle;
2. Laminated safety glass marked ‘‘AS-14’’ is required in windshields and
is acceptable at any other location in the vehicle;
3. Laminated or tempered safety glass marked ‘‘AS-2’’ is acceptable for
use at any location in the vehicle except the windshield;
4. Laminated or tempered safety glass marked ‘‘AS-3’’ is acceptable
anywhere on school buses except in windshields and side windows to the
immediate right and left of the driver’s location;
5. Rigid plastic safety glazing material marked ‘‘AS-4’’ or ‘‘AS-5’’ is
acceptable anywhere on school buses except in windshields and side
windows to the right or left of the driver’s location;
6. Flexible plastic safety glazing material marked ‘‘AS-6’’ or ‘‘AS-7’’ is
acceptable for use in rear windows of soft tops, flexible curtains, or readily
removable windows; and
7. Wire glass marked ‘‘AS-8’’ or ‘‘AS-9’’ is acceptable for use in folding
doors, standee and rearmost windows of buses, or windows to the rear of
the driver in trucks and truck-tractors.
D. No person shall sell, or make replacements of glass, safety glazing
materials, or safety glass on motor vehicles, or sell glass, safety glazing
materials, or safety glass cut to size to fit windshields, door glass, or window
glass of a motor vehicle in violation of the provisions of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-407. Certain vehicles to be equipped with flares and other emergency
equipment
A. No person shall operate any truck, bus, truck-tractor, or any drive-away,
tow-away operation upon any highway at any time unless such vehicle is
equipped with emergency equipment, including, but not limited to, reflectors,
flares, fusees, flags, and fire extinguishers, as provided by 49 C.F.R., Section
393.95. This section shall not apply to lightweight vehicles.
B. Every bus which is licensed for the express purpose of transporting
persons for hire shall have at least one hand axe and one metal heavy-duty, tenunit
size, first-aid kit.
LA 02-21, eff. Feb. 18, 2021.
§ 12-408. Display of warning devices when vehicle disabled
A. Whenever any truck, except a lightweight vehicle, or any bus, trucktractor,
trailer, semitrailer, or pole trailer, or any motor vehicle towing a
manufactured home is disabled upon the traveled portion of any highway or the
shoulder thereof outside of any municipality at any time when lighted lamps are
required on vehicles, the driver of such vehicle shall display the following
warning devices upon the highway during the time the vehicle is so disabled on
the highway except as provided in subsection B of this section:
1. A lighted fusee, a lighted red electric lantern or a portable red emergency
reflector shall be immediately placed at the traffic side of the vehicle
in the direction of the nearest approaching traffic.
2. As soon thereafter as possible but in any event within the burning
period of the fusee, the driver shall place three liquid- burning flares, or
three lighted red electric lanterns or three portable red emergency reflectors
on the traveled portion of the highway in the following order:
a. one approximately one hundred (100) feet from the disabled vehicle
in the center of the lane occupied by such vehicle and toward
traffic approaching in that lane,
b. one approximately one hundred (100) feet in the opposite direction
from the disabled vehicle and in the center of the traffic lane occupied
by such vehicle, and
c. one at the traffic side of the disabled vehicle not less than ten (10)
feet rearward or forward thereof in the direction of the nearest
approaching traffic. If a lighted red electric lantern or a red portable
emergency reflector has been placed at the traffic side of the vehicle in
accordance with paragraph 1 of subsection A of this section, it may be
used for this purpose.
B. Whenever any vehicle referred to in this section is disabled within five
hundred (500) feet of a curve, hillcrest or other obstruction to view, the
warning signal in that direction shall be so placed as to afford ample warning
to other users of the highway, but in no case less than one hundred (100) feet
nor more than five hundred (500) feet from the disabled vehicle.
C. Whenever any vehicle of a type referred to in this section is disabled
upon any roadway of a divided highway during the times specified in subsection
B of Section 12-201 of this title, the appropriate warning devices prescribed
in subsections A and E of this section shall be placed as follows:
1. One at a distance of approximately two hundred (200) feet from the
vehicle in the center of the lane occupied by the stopped vehicle and in the
direction of traffic approaching in that lane;
2. One at a distance of approximately one hundred (100) feet from the
vehicle, in the center of the lane occupied by the vehicle and in the
direction of traffic approaching in that lane; and
3. One at the traffic side of the vehicle and approximately ten (10) feet
from the vehicle in the direction of the nearest approaching traffic.
D. Whenever any vehicle of a type referred to in this section is disabled
upon the traveled portion of a highway or the shoulder thereof outside of any
municipality at any time when the display of fusees, flares, red electric lanterns
or portable red emergency reflectors is not required, the driver of the vehicle
shall display two red flags upon the roadway in the lane of traffic occupied by
the disabled vehicle, one at a distance of approximately one hundred (100) feet
in advance of the vehicle, and one at a distance of approximately one hundred
(100) feet to the rear of the vehicle.
E. Whenever any motor vehicle used in the transportation of explosives or
any cargo tank truck used for the transportation of any flammable liquid or
compressed flammable gas is disabled upon a highway of this state at any time
or place mentioned in subsection A of this section, the driver of such vehicle
shall immediately display the following warning devices: One red electric
lantern or portable red emergency reflector placed on the roadway at the traffic
side of the vehicle, and two red electric lanterns or portable red reflectors, one
placed approximately one hundred (100) feet to the front and one placed
approximately one hundred (100) feet to the rear of this disabled vehicle in the
center of the traffic lane occupied by such vehicle. Flares, fusees or signals
produced by flame shall not be used as warning devices for disabled vehicles of
the type mentioned in this paragraph.
F. The flares, fusees, red electric lanterns, portable red emergency reflectors
and flags to be displayed as required in this section shall conform with the
applicable requirements of Section 12-407 of this title.
G. The provisions of this section shall not apply to vehicles bearing farm
tags and used exclusively for the purpose of farming and ranching.
LA 02-21, eff. Feb. 18, 2021.
§ 12-409. Vehicles transporting hazardous materials
Vehicles transporting hazardous materials as a cargo or part of a cargo shall at
all times be:
1. Marked or placarded in accordance with 49 C.F.R. Section 177.823;
and
2. Equipped with portable fire extinguishers in accordance with 49 C.F.R.
Section 393.95(a).
LA 02-21, eff. Feb. 18, 2021.
§ 12-410. Air-conditioning equipment
A. The term ‘‘air-conditioning equipment’’ as used or referred to in this
section shall mean mechanical vapor compression refrigeration equipment
which is used to cool the driver’s or passenger compartment of any motor
vehicle.
B. Such equipment shall be manufactured, installed and maintained with
due regard for the safety of the occupants of the vehicle and the public and
shall not contain any refrigerant which is toxic to persons or which is flammable
or which is in violation of regulations of the Environmental Protection
Agency pursuant to 40 C.F.R., Part 82 or which is not included in the list
published by the Environmental Protection Agency as a safe alternative motor
vehicle air conditioning substitute for chlorofluorocarbon-12, pursuant to 42
U.S.C. 7671 k(c).
C. Safety requirements and specifications consistent with the requirements
of this section applicable to such equipment shall correlate with and, so far as
possible, conform to the current recommended practice or standard applicable
to such equipment approved by the Society of Automotive Engineers (SAE).
LA 02-21, eff. Feb. 18, 2021.
§ 12-411. Television-type receiving equipment visible from operator’s seat
prohibited
A. No motor vehicle shall be operated on the highways of this Nation in
which there is installed any television-type receiving equipment, the viewer,
monitor, or screen of which can be seen by any person sitting in the seat from
which such motor vehicle is operated.
B. This section shall not be construed to prohibit the use of television-type
receiving equipment used exclusively for navigation, safety of vehicle operation,
or law enforcement purposes.
LA 02-21, eff. Feb. 18, 2021.
§ 12-412. Reserved
§ 12-413. Seat belts or shoulder harnesses
It shall be unlawful for any person to sell or offer for sale at retail or trade or
transfer from or to residents of the Cherokee Nation any passenger vehicle
which is manufactured or assembled commencing with the 1966 models, unless
such vehicle is equipped with safety belts or safety shoulder harness combinations
which are installed for the use of persons in the left front and right front
seats thereof.
LA 02-21, eff. Feb. 18, 2021.
§ 12-414. Specifications
All safety belts or safety shoulder harnesses shall be of a type and shall be
installed pursuant to 49 C.F.R. § 571.208 et seq.
LA 02-21, eff. Feb. 18, 2021.
§ 12-415. Penalties
Any person violating any of the provisions of Section 12-413 of this title shall,
upon conviction thereof, be punished as provided in Section 17-101 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-416. Reserved
§ 12-417. Safety belt law
A. 1. Every operator and front seat passenger of a Class A commercial
motor vehicle, Class B commercial motor vehicle, Class C commercial motor
vehicle or a passenger vehicle operated in this state shall wear a properly
adjusted and fastened safety seat belt system, required to be installed in the
motor vehicle when manufactured pursuant to 49 C.F.R., Section 571.208.
2. For the purposes of this section, ‘‘passenger vehicle’’ shall mean a
Class D motor vehicle, but shall not include trucks, truck- tractors, recreational
vehicles, motorcycles, or motorized bicycles, or a vehicle used
primarily for farm use which is registered and licensed pursuant to the
provisions of Section 1134 of this title.
B. The Commissioner of Public Safety, upon application from a person who,
for medical reasons, is unable to wear a safety seat belt system supported by
written attestation of such fact from a physician licensed pursuant to Section
495 of Title 59 of the Oklahoma Statutes, may issue to the person an exemption
from the provisions of this section. The exemption shall be in the form of a
restriction appearing on the driver license of the person and shall remain in
effect until the expiration date of the driver license. Nothing in this subsection
shall be construed to prevent the person from applying for another exemption
as provided for in this section. The issuance of an attestation by a physician
and the subsequent issuance of an exemption by the Commissioner, in good
faith, shall not give rise to, nor shall the physician and the state thereby incur,
any liability whatsoever in damages or otherwise, to any person injured by
reason of failure of the person to wear a safety seat belt system.
C. This section shall not apply to an operator of a motor vehicle while
performing official duties as a route carrier of the U.S. Postal Service.
D. The Department of Public Safety shall not record or assess points for
violations of this section on any license holder’s traffic record maintained by
the Department.
E. Fine and court costs for violating the provisions of this section shall not
exceed Twenty Dollars ($20.00).
F. Municipalities may enact and municipal police officers may enforce
ordinances prohibiting and penalizing conduct under provisions of this section,
but the provisions of those ordinances shall be the same as provided for in this
section, and the enforcement provisions under those ordinances shall not be
more stringent than those of this section.
LA 25-06, eff. October 19, 2006; LA 02-21, eff. Feb. 18, 2021.
§§ 12-418-419. Reserved
§ 12-420. Civil proceedings-Effect of act
Sections 12-416 through 12-420 of this title may be used in any civil proceeding
in this nation and the use or nonuse of seat belts shall be submitted into
evidence in any civil suit within the jurisdiction of the Cherokee Nation unless
the plaintiff in such suit is a child under sixteen (16) years of age.
LA 02-21, eff. Feb. 18, 2021.
§ 12-421. Reserved
§ 12-422. Restrictions on use of glass coating materials or sunscreening
devices on windshields and windows
A. As used in this section:
1. ‘‘Glass coating material’’ or ‘‘sunscreening devices’’ means materials,
films, applications or devices which are used in conjunction with approved
vehicle glazing materials for the purpose of reducing the effects of sun, but
shall not include materials, films, applications, or devices with a mirrored
or mirror-like finish;
2. ‘‘Light transmission’’ means the percentage of total light which is
allowed to pass through a window;
3. ‘‘Luminous reflectance’’ means the ratio of the amount of total light,
expressed in percentages, which is reflected outward by the glass coating
material or sunscreening device to the amount of total light falling on the
glass coating material;
4. ‘‘Manufacturer’’ means:
a. a person who engages in the manufacturing or assembling of
sunscreening devices, or
b. a person who fabricates, laminates, or tempers glazing materials,
incorporating the capacity to reflect or to reduce the transmittance of
light during the manufacturing process; and
5. ‘‘Window’’ means the windshield, side or rear glass of a motor vehicle,
including any glazing material, glass coating or sunscreening device.
B. It is unlawful, except as provided by this section, for a person to sell,
install, or to operate a motor vehicle with any object or material:
1. Placed, displayed, installed, affixed, or applied upon the windshield or
side or rear windows; or
2. So placed, displayed, installed, affixed, or applied in or upon the motor
vehicle so as to obstruct or reduce a driver’s clear view through the
windshield or side or rear windows.
C. It is unlawful for any person to place, install, affix, or apply any transparent
material upon the windshield or side or rear windows of any motor vehicle
if such material alters the color or reduces the light transmittance of such
windshield or side or rear windows except as provided in this section.
D. This section shall not apply to:
1. Side or back windows that have a substance or material in conjunction
with glazing material that has a light transmission of at least twenty-five
percent (25%) and a luminous reflectance of at most twenty-five percent
(25%);
2. Front side wing vents and windows that have a substance or material
not attached in conjunction with glazing material which is used by a
vehicle operator on a moving vehicle during daylight hours;
3. Rearview mirrors;
4. Adjustable nontransparent sun visors which are mounted forward of
the side windows and are not attached to the glass;
5. Signs, stickers, or other materials which are displayed in a forty-ninesquare-
inch area in the lower corner of the windshield farthest removed
from the driver or signs, stickers, or other materials which are displayed in
a forty-nine-square-inch area in the lower corner of the windshield nearest
the driver;
6. Direction, designation, or termination signs on buses, if the signs do
not interfere with the driver’s clear view of approaching traffic;
7. Rear window wiper motors;
8. Rear window defrosters or defoggers;
9. Rear truck lid handle or hinges;
10. Side windows to the rear of the driver or back windows that have a
substance or material in conjunction with glazing material that has a light
transmission of at least ten percent (10%) and a luminous reflectance of at
most twenty-five percent (25%) on all vehicles manufactured prior to 1996
year models, if the motor vehicle is equipped with outside mirrors on both
left and right hand sides of the vehicle that are so located as to reflect to
the driver a view of the highway through each mirror for a distance of at
least two hundred (200) feet to the rear of the motor vehicle;
11. Transparent material which is installed, affixed, or applied to the
topmost portion of the windshield if:
a. it does not extend downward beyond the AS-1 line or more than
five (5) inches from the top of the windshield, whichever is closer to
the top of the windshield, and
b. the material is not red or amber in color;
12. All windows to the rear of the driver’s seat in a vehicle licensed as a
bus, as defined by Section 1-105 of this title, or a taxicab, as defined by
Section 1-174 of this title;
13. Vehicles not subject to registration in the State of Oklahoma;
14. Implements of husbandry as defined by this title; and
15. Law enforcement vehicles which are owned by the state or a political
subdivision of the state.
E. This section shall not prohibit the use and placement of federal, state, or
political subdivision certificates on any window as are required by applicable
laws.
F. Louvered materials, when installed as designed, shall not reduce the area
of the driver’s visibility below fifty percent (50%) as measured on a horizontal
plane. When such materials are used in conjunction with the rear window, the
measurement shall be made based upon the driver’s view from inside the
rearview mirror.
G. A person who sells or installs any product regulated by this section shall
certify in a written statement, which shall be a part of the contract for sale or
installation and shall be in bold-face type, that:
1. The product sold or installed is in compliance with the reflectivity and
transmittance requirements of this section;
2. The installation of the product to the driver’s or passenger’s side
window may be illegal in some states.
H. The Commissioner of Public Safety, upon application from a person
required for medical reasons to be shielded from the direct rays of the sun,
supported by written attestation of such fact from a physician licensed pursuant
to Section 495 of Title 59 of the Oklahoma Statutes, may issue an exemption
from the provisions of this section for a motor vehicle belonging to such person
or in which such person is a habitual passenger. Any person may operate a
vehicle or alter the color or reduce the light transmitted through the side or
rear windows of a vehicle in accordance with an exemption issued by the
Commissioner.
I. Any person who violates any provision of this section, upon conviction, shall
be guilty of a misdemeanor and shall be punished as provided for in Section
17-101 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-423. Emission control system-Disconnection, alteration, modification,
or replacement
A. On any motor vehicle originally designed and equipped with an emission
control system such system shall be maintained in good working order.
B. No person shall:
1. Disconnect any part of such system except temporarily in order to
make repairs, replacements, or adjustments;
2. Modify or alter such system or its operation in any manner; or
3. Operate, and no owner shall cause or permit to be operated, any motor
vehicle originally equipped with such system while any part of that system
is known by the owner to be disconnected or while that system or its
operation is modified or altered in any manner.
C. The provisions of this section shall not apply to any disconnection,
alteration, modification, or replacement of a nature intended to increase
effectiveness of the system in controlling the emission of air pollutants.
LA 02-21, eff. Feb. 18, 2021.
§ 12-424. Obstruction to turning of steering control-Definitions
A. As used in this section:
1. ‘‘Jamming’’ means any obstruction to the turning of the steering
control caused by some interference with components of the steering
system, including but not limited to:
a. tires which exceed the manufacturer’s specifications, or
b. damaged fenders that interfere with a full right or left turn; and
2. ‘‘Play’’ means the condition in which the steering control can be turned
through some part of a revolution but does not result in movement of the
front wheels.
B. No vehicle shall be operated which exhibits jamming, roughness, or
binding when turning the wheels from full right to full left.
C. No vehicle shall be operated if the steering wheel:
1. Has more than six (6) inches of play, if the steering wheel is eighteen
(18) inches or less in diameter; or
2. Has more than eight (8) inches of play, if the steering wheel is over
eighteen (18) inches in diameter.
D. No vehicle shall be operated if any power steering pump is inoperative or
is not properly operating.
LA 02-21, eff. Feb. 18, 2021.
§ 12-425. Absent, disconnected, or broken parts of suspension system
No vehicle shall be operated if any shock absorber, spring, or strut of the
suspension system is absent, disconnected, or broken.
LA 02-21, eff. Feb. 18, 2021.
§ 12-426. Properly operating speedometer
Every motor vehicle shall be equipped with a properly operating speedometer
capable of registering at least the maximum legal speed limit for that vehicle.
LA 02-21, eff. Feb. 18, 2021.
§ 12-427. Official slow-moving vehicle emblem
A. The triangular yellow-orange and red slow moving vehicle emblem which
meets the standards and specifications of the American Society of Agricultural
Engineers, ASAE S276.3, Slow-Moving Vehicle Identification Emblem, shall be
recognized as the official slow-moving vehicle emblem of this Nation.
B. 1. All farm machinery, other machinery including all road construction
and maintenance machinery, and all other vehicles and animal-drawn vehicles
designed to operate and operating at a maximum speed of no more than
twenty-five (25) miles per hour traveling on a highway during day or night shall
display a slow-moving vehicle emblem on the rear of the vehicle.
2. When such road construction and maintenance machinery is engaged
in actual construction or maintenance work and there is either a flagman
or clearly visible warning signs to warn of such machinery’s presence on
the roadway are exempt from the requirements of this section.
C. The emblem shall be positioned as near as practicable to the center on
the rear of the vehicle or machinery; provided however, that in the case of a
string of farm machinery or implements being towed only one clearly visible
emblem must be displayed on the rearmost vehicle.
D. The use of such emblem shall be in addition to any lighting devices or
other equipment required by law. The failure on the part of an owner or driver
of any nonmotor vehicle to display the emblem required in this section shall not
relieve the operator of a motor vehicle from negligence in the event of a
collision. No person shall use the slow-moving vehicle emblem except as
required in this section.
E. The evidence as to the use of such emblem or the lack of the use of such
emblem shall not be admissible in the trial of any case.
LA 02-21, eff. Feb. 18, 2021.
§ 12-428. Converted school buses-Color
School buses converted for purposes other than transporting pupils to or from
school shall be painted a color other than National School Bus Yellow.
LA 02-21, eff. Feb. 18, 2021.
§§ 12-429-12-500. Reserved
ARTICLE V
§ 12-501. Short title-Cherokee Nation Odometer Setting Act
Sections 12-501 through 12-507 of this title shall be known and may be cited
as the ‘‘Cherokee Nation Odometer Setting Act’’.
LA 02-21, eff. Feb. 18, 2021.
§ 12-502. Definitions
As used in the Cherokee Nation Odometer Setting Act:
1. ‘‘Odometer’’ means an instrument for measuring and recording the
actual distance a motor vehicle travels while in operation; but shall not
include any auxiliary odometer designed to be reset by the operator of the
motor vehicle for the purpose of recording mileage for a limited purpose;
2. ‘‘Repair and replacement’’ means to restore to sound working condition
by replacing the odometer or any part thereof or by correcting the
inoperative part;
3. ‘‘Transfer’’ means to change ownership of a motor vehicle by purchase,
sale or any other means wherein there is an exchange of monetary or
equivalent compensation;
4. ‘‘Transferee’’ means any person to whom ownership of a motor vehicle
is transferred by purchase or any other means wherein there is an exchange
of monetary or equivalent compensation;
5. ‘‘Transferor’’ means any person who transfers his ownership in a
motor vehicle by sale or any other means wherein there is an exchange of
monetary or equivalent compensation; and
6. ‘‘True mileage driven’’ means the amount of mileage a motor vehicle
has been driven as registered by the odometer within the designed tolerance
of the manufacturer.
LA 02-21, eff. Feb. 18, 2021.
§ 12-503. Prohibited acts
No person shall:
1. Advertise for sale, sell, use or install or cause to be installed or request
for installation, any device which causes an odometer to register any
mileage other than the true mileage driven;
2. Disconnect, reset or alter, or cause or request to be disconnected, reset
or altered, the odometer of any motor vehicle with intent to change the
number of miles indicated thereon;
3. Knowingly operate a motor vehicle with a disconnected or nonfunctional
odometer on any street or highway with the intent of misrepresenting
the true mileage driven; and
4. Conspire with any other person to violate any section of the Odometer
Setting Act.
LA 02-21, eff. Feb. 18, 2021.
§ 12-504. Service, repair or replacement of odometer
A. Nothing in the Odometer Setting Act shall prevent the service, repair or
replacement of an odometer, provided the mileage indicated thereon remains
the same as before the service, repair or replacement. Where the odometer is
incapable of registering the same mileage as before the service, repair or
replacement, the odometer shall be adjusted to read zero and a notice in
writing shall be attached to the left door frame of the vehicle by the owner or
his agent specifying the mileage prior to repair or replacement of the odometer
and the date on which it was repaired or replaced.
B. No person shall:
1. Fail to adjust an odometer or affix a notice regarding such adjustment
as required by subsection A of this section; and
2. Remove or alter any notice required by subsection A of this section to
be affixed to a motor vehicle, with intent to misrepresent the true mileage
driven.
LA 02-21, eff. Feb. 18, 2021.
§ 12-505. Transfer of ownership of motor vehicle-Information required
A. Any transferor shall give the following written information to the transferee
prior to the transfer of ownership of a motor vehicle:
1. The odometer reading at the time of transfer;
2. The date of transfer;
3. The name and current address of the transferor; and
4. The identity of the vehicle, including the make, model, year, body type
and vehicle identification number.
B. In the disclosure required under this section, the transferor shall also
certify that to the best of his knowledge:
1. the odometer reading reflects the actual mileage; or
2. the odometer reading does not reflect actual mileage; or
3. the mileage is in excess of the mechanical limits of the odometer.
The provisions of this section shall not apply to a transferor whenever transfer
of ownership of a motor vehicle shall pass by bequest, descent, devise, gift or
other means wherein there is no exchange of monetary or equivalent compensation.
LA 02-21, eff. Feb. 18, 2021.
§ 12-506. Violation-Penalty
Any person convicted of violating any of the provisions of the Odometer Setting
Act with intent to misrepresent the true mileage driven of a motor vehicle shall
be guilty of a misdemeanor and shall be punished by a fine of not more than
Five Thousand Dollars ($5,000.00) or imprisonment for not more than one (1)
year, or by both fine and imprisonment. A person violating the provisions of
the Odometer Setting Act shall have civil liability for the greater of three times
the actual damages or One Thousand Five Hundred Dollars ($1,500.00). Additionally,
the court may award court costs and attorney fees to the prevailing
party in a civil action.
LA 02-21, eff. Feb. 18, 2021.
§ 12-507. Actions-Jurisdiction-Venue-Duty to prosecute
The district court shall have jurisdiction, for cause shown to restrain violations
of the Odometer Setting Act. The actions may be brought by the Attorney
General.
LA 02-21, eff. Feb. 18, 2021.
§§ 12-508-600. Reserved
ARTICLE VI
MOTORCYCLES
§ 12-601. Headlamps and other illuminating devices on certain motorcycles-
Definition
A. Every motorcycle of the model year 1978 or later operating upon a
highway within this state shall display at all times:
1. A lighted headlamp or headlamps; and
2. Any other illuminating devices, if manufactured to be displayed at all
times.
This subsection shall not apply to motorcycles used in official law enforcement
capacities.
B. The provisions of subsections A, C and D of Section 12-201 of this title
shall apply to motorcycles; provided, however, notwithstanding the provisions
of subsection E of Section 12-201 of this title, a motorcycle may be equipped
with a motorcycle headlamp modulation system as authorized by 49 C.F.R.,
Section 571.108, S7.9.4.
C. As used in Chapter 12 of this title, ‘‘motorcycle’’ shall include, unless
otherwise specifically indicated, motorcycles and motor-driven cycles as those
terms are defined in Chapter 1 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-602. Headlamps required-Permissible auxiliary lighting
A. Every motorcycle shall be equipped with at least one headlamp emitting
a white light which shall comply with the applicable requirements and limitations
of Section 12-203 of this title and of Sections 12-602.1, 12-203.4, 12-227
and 12-228 of this title.
B. Every headlamp upon every motorcycle shall be located at a height of
not more than fifty-four (54) inches nor less than twenty-two (22) inches to be
measured as set forth in subsection B of Section 12-202 of this title.
C. Subject to subsections A and B of this section, a motorcycle may be
equipped with, and an operator of a motorcycle may use, the following
auxiliary lighting:
1. Standard bulb running lights; or
2. Light-emitting diode pods and strips.
D. Lighting under subsection C of this section shall be:
1. Nonblinking;
2. Nonflashing;
3. Nonoscillating; and
4. Directed toward the engine and the drive train of the motorcycle to
prevent interference with the driver’s operation of the vehicle.
E. For purposes of this section:
1. ‘‘Headlamp’’ shall not include passing lamp; and
2. ‘‘Passing lamp’’ shall mean an auxiliary front low-beam lamp which
emits a white light.
LA 02-21, eff. Feb. 18, 2021.
§ 12-602.1. Headlamps upon motorcycles-Minimum requirements
Every headlamp upon every motorcycle shall meet the requirements set forth in
subsection C of Section 12-203 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-603. Tail lamps
A. Every motorcycle shall be equipped with at least one tail lamp mounted
on the rear on the vertical center line of the motorcycle which shall emit a red
light plainly visible from a distance of one thousand (1,000) feet to the rear,
provided that in the case of a combination of vehicles only the tail lamp on the
rearmost vehicle need actually be seen from the distance specified.
B. Every tail lamp shall be located at a height of not more than sixty (60)
inches nor less than fifteen (15) inches.
C. Either a tail lamp or a separate lamp with a white light shall be so
constructed and placed as to illuminate the rear license plate and render it
clearly legible from a distance of fifty (50) feet to the rear. Any tail lamp,
together with any separate lamp for illuminating the rear license plate, shall be
lighted whenever the headlamp or driving lamp is lighted. The operation of a
motorcycle upon which the license plate is surrounded or framed, partially or
in whole, by any additional lamp or lamps or otherwise lighted by any
additional lamp or lamps, shall be a violation of this subsection.
LA 02-21, eff. Feb. 18, 2021.
§ 12-604. Reflectors
A. Every motorcycle shall be equipped with and display at least one reflector
meeting the requirements of this section.
B. Every such reflector shall be mounted on the motorcycle at a height not
less than fifteen (15) inches nor more than sixty (60) inches measured as set
forth in subsection B of Section 12-202 of this title, and shall be of such size
and characteristics and so mounted as to be visible at night from all distances
within six hundred (600) feet to one hundred (100) feet from the motorcycle
when directly in front of lawful lower beams of headlamps.
LA 02-21, eff. Feb. 18, 2021.
§ 12-605. Stop lamps
A. Every motorcycle shall be equipped with at least one stop lamp meeting
the requirements of this section.
B. The stop lamp required by this section:
1. Shall be mounted on the rear of the motorcycle;
2. Shall display a red or amber light, or any shade of color between red
and amber, visible from a distance of not less than five hundred (500) feet
to the rear in normal sunlight; and
3. Shall be actuated upon application of the brakes.
LA 02-21, eff. Feb. 18, 2021.
§ 12-606. Electric flashing turn signal lamps
A. Every motorcycle of model year 2005 and later shall be equipped with
electric flashing turn signal lamps meeting the requirements of this section.
B. The flashing turn signal lamps required by this section:
1. Shall show to the front and rear of the motorcycle;
2. Shall be located on the same level and as widely spaced laterally as
practicable on the front of the motorcycle and when in use shall display a
white or amber light, or any shade of color between white and amber,
visible from a distance of not less than five hundred (500) feet to the front
in normal sunlight;
3. Shall be located at the same level and as widely spaced laterally as
practicable on the rear of the motorcycle and when in use shall display a
red or amber light, or any shade of color between red and amber, visible
from a distance of not less than five hundred (500) feet to the rear in
normal sunlight; and
4. Shall indicate when actuated the intended direction of turning by
flashing the lights showing to the front and rear on the side toward which
the turn is made.
LA 02-21, eff. Feb. 18, 2021.
§ 12-608. Brakes on motorcycles
The brake system on any motorcycle shall comply with performance ability
standard set forth in 49 C.F.R., Section 571.121, and shall be adequate to
control the movement of the motorcycle and to stop and hold the motorcycle,
including two separate means of applying the brakes. One means shall be
effective to apply the brakes to the front wheel, and one means shall be effective
to apply the brakes to the rear wheel or wheels.
LA 02-21, eff. Feb. 18, 2021.
§ 12-609. Motorcycles-Required equipment
A. In addition to other requirements prescribed by this chapter, by federal
law or by local ordinance, all motorcycles, except when operated on actual trail
rides conducted outside of public roads and highways, shall be equipped with:
1. Two rearview mirrors, containing a reflection surface of not less than
three (3) inches in diameter, mounted one on each side of the motorcycle
and positioned so as to enable the operator to clearly view the roadway to
the rear of the vehicle;
2. A windshield of sufficient quality, size and thickness to protect the
operator from foreign objects, except that in lieu of such windshield, the
operator shall wear goggles or other protective eyewear which meets
American National Standards Institute (ANSI) Standard Z87.1 and provides
positive retention, or a face shield of material and design to protect
the operator from foreign objects;
3. A properly operating speedometer capable of registering at least the
maximum legal speed limit for that motorcycle;
4. A fender over each wheel. All fenders shall be of the type provided by
the manufacturer;
5. A horn which shall comply with the requirements of Section 12-401 of
this title; and
6. A muffler or other effective noise-suppressing system which shall
comply with the requirements of Section 12-402 of this title.
B. No person under eighteen (18) years of age shall operate or ride upon
any motorcycle unless such person is properly wearing a crash helmet of a type
which complies with standards established by 49 C.F.R., Section 571.218.
C. Handlebars on motorcycles shall not be higher than eye level of the
operator.
LA 25-06, eff. October 19, 2006; LA 02-21, eff. Feb. 18, 2021.
ARTICLE VII
§ 12-701. Provisions in chapter applicable to bicycles
No provision in this chapter shall apply to bicycles or to equipment for use on
bicycles except as to provisions in this article or unless a provision has been
made specifically applicable to bicyclists, bicycles, electric-assisted bicycles or
their equipment. As used in Chapter 12 of this title, ‘‘bicycle’’ shall include,
unless otherwise specifically indicated, bicycles, mopeds, motorized bicycles,
and electric-assisted bicycles, as those terms are defined in Chapter 1 of this
title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-702. Front lamp
Every bicycle in use at the times described in subsection B of Section 12-201 of
this title shall be equipped with a lamp on the front emitting a white light
visible from a distance of at least one thousand (1,000) feet to the front. This
section shall not apply to a street or highway with a speed limit of twenty-five
(25) miles per hour or less.
LA 02-21, eff. Feb. 18, 2021.
§ 12-703. Rear lamp
Every bicycle in use at the times described in subsection B of Section 12-201 of
this title shall be equipped with a lamp on the rear emitting a red light visible
from a distance of at least one thousand (1,000) feet to the rear. This section
shall not apply to a street or highway with a speed limit of twenty-five (25)
miles per hour or less.
LA 02-21, eff. Feb. 18, 2021.
§ 12-704. Reflector
Every bicycle shall be equipped with a red reflector which shall be visible for
six hundred (600) feet to the rear when directly in front of lawful lower beams
of headlamps on a motor vehicle.
LA 02-21, eff. Feb. 18, 2021.
§ 12-705. Reserved
§ 12-706. Reflective material
Every bicycle when in use at the times described in subsection B of Section
12-201 of this title shall be equipped with reflective material of sufficient size
and reflectivity to be visible from both sides for six hundred (600) feet when
directly in front of lawful lower beams of headlamps on a motor vehicle.
LA 02-21, eff. Feb. 18, 2021.
§ 12-707. Additional lights and reflectors
A bicycle or its rider may be equipped with lights or reflectors in addition to
those required by the foregoing sections; provided, such lights or reflectors
shall comply with the provisions and limitations of Article II of Chapter 12 of
this title.
LA 02-21, eff. Feb. 18, 2021.
§ 12-708. Brakes
Every bicycle shall be equipped with a brake or brakes which will enable its
driver to stop the bicycle within twenty-five (25) feet from a speed of ten (10)
miles per hour on dry, level, clean pavement.
LA 02-21, eff. Feb. 18, 2021.
§ 12-709. Sirens
A bicycle shall not be equipped with, nor shall any person use upon a bicycle,
any siren.
LA 02-21, eff. Feb. 18, 2021.
CHAPTER 13
INSPECTION OF VEHICLES
Section
13-101. Vehicles without required equipment or in unsafe condition
13-102. Officers may inspect a vehicle and its equipment
13-103. Owner and drivers to submit vehicles for inspection
§ 13-101. Vehicles without required equipment or in unsafe condition
No person shall drive or cause to be moved on any highway any motor vehicle,
trailer, semitrailer or pole trailer, or any combination of vehicles, unless the
equipment upon any and every said vehicle is in good working order and
adjustment as required in this act and said vehicle is in such safe mechanical
condition as not to endanger the driver or occupant or any person upon the
highway.
LA 02-21, eff. Feb. 18, 2021.
§ 13-102. Officers may inspect a vehicle and its equipment
A. Cherokee Nation Marshals or any other peace officer, acting pursuant to
a valid cross-deputization agreement, may at any time upon reasonable cause to
believe that a vehicle is unsafe or not equipped as required by law, or that its
equipment is not in proper adjustment or repair or the operator is not properly
licensed, require the driver of such vehicle to stop and submit such vehicle to
an inspection and such test with reference thereto as may be appropriate.
B. In the event such vehicle or combination of vehicles is found to be in an
unsafe mechanical condition or is not equipped as required by this act, the
officer making the inspection may give the driver a notice of arrest or written
warning. Any person producing proof within ten (10) working days from the
date the citation was issued that a condition or equipment for which the person
was cited as defective, missing, prohibited, improper, unauthorized or otherwise
in violation of this chapter has been remedied by the person shall be
entitled to dismissal of such charges without assessment of court costs.
C. No person shall operate or cause to be operated any vehicle or combination
of vehicles after notice of arrest or written warning has been issued of such
unsafe condition or that the vehicle is not equipped as required by this act,
except as may be necessary to return such vehicle or combination of vehicles to
the residence or place of business of the owner or driver if within a distance of
twenty (20) miles or to a garage, until said vehicle and its equipment has been
made to conform with the requirements of this act.
D. Any vehicle or combination of vehicles found to have major mechanical
defects which would be hazardous to other users of the highways if it were
driven from the place of inspection as provided for in subsection C of this
section shall be towed to a garage for repairs, and any repair charge, tow
charge or storage charge for the repair, removal and storing of the vehicle shall
be the obligation of the owner or operator.
LA 02-21, eff. Feb. 18, 2021.
§ 13-103. Owner and drivers to submit vehicles for inspection
Whenever the driver of a vehicle is directed by a Cherokee Nation Marshal or
any other peace officer, acting pursuant to a valid cross-deputization agreement,
to stop and submit the mechanical condition of the vehicle or its
equipment to an inspection or test under the conditions stated in this act, it
shall be the duty of such driver to stop and submit to such inspection or test
and the failure or refusal to do so is a misdemeanor.
LA 02-21, eff. Feb. 18, 2021.
CHAPTER 14
SIZE, WEIGHT AND LOAD
Section
14-101. Scope and effect of chapter-Issuance of annual overweight permits-
Movement of certain vehicles at nighttime and on holidays
14-102. Reserved
14-103. Width, height and length of vehicle and load
14-103A. Motor vehicle and manufactured home combinations-Overall length and
width-Limitations on movement
14-103B. Automobile transporters-Extension of load-Height
14-103C. Special permits-Movement of houses or buildings
14-103D. Permit to transport or move manufactured home
14-103E. Notification of issuance of permit
14-103F. Manufactured home used in construction, oil field or seasonal farming
activities-Special decals
14-103G. Oversize or overweight load vehicle permits-Annual fleet permits-Permits
for movement of oversized portable buildings
14-104. Reserved
14-105. Loads on vehicles
14-106. Trailers and towed vehicles
14-107. Definitions
14-108. Reserved
14-109. Overload, any axle or gross weight
14-109.1. Load overweight violations not to be recorded as traffic offenses under
certain conditions
14-109.2. Weighing as single draft
14-109.3. Exemption for vehicles fueled by compressed or liquefied natural gas
14-110. Carrying registration certificate-Inspection
14-111. Weighing vehicles-Compelling unloading- Certificates-Bills of sale-
Proof of ownership-Impounding
14-112. Reserved
14-113. When the department of highways or local authorities may restrict right to
use highways
14-114. Liability for damage to highway or structure
14-115. Reserved
14-116. Permit fees-Escrow account system-Emergencies- Violations-Disposition
and allocation of proceeds
14-116a. Transportation of load or manufactured home without permit-Penalties
14-117. Reserved
14-118. Motor carriers-Permits-Oklahoma Load Limit Map- Saddlemounts-
Exemptions and restrictions-Driveaway permits
14-118.1. Multi-state oversize and overweight permits
14-119. Load capacity violations-Penalties
14-120. Movement of certain manufactured items-Limitations-Permits-Fees-
Escorts
14-120.1. Vehicles 12 or more feet wide to be escorted
14-120.2. Law enforcement escort-Transport of oversized load or hazardous shipment
by road or rail-Fees
14-121. Special combination vehicles-Permits
14-122. Reserved
14-123. Roads and highways-Size, weight, and speed regulations
14-124. Commercial class A license-Hazardous material endorsement exception
14-125. Agricultural vehicles-Exempt from electronic logging devices
14-126. High-wide corridors
§ 14-101. Scope and effect of chapter-Issuance of annual overweight
permits-Movement of certain vehicles at nighttime and on
holidays
A. It is a misdemeanor for any person to drive or move or for the owner to
cause or knowingly permit to be driven or moved on any highway any vehicle
or vehicles of a size or weight exceeding the limitations stated in this chapter or
otherwise in violation of this chapter, and the maximum size and weight of
vehicles herein specified shall be lawful throughout this state and local authorities
shall have no power or authority to alter the limitations except as express
authority may be granted in this chapter.
B. The Commissioner of Public Safety is directed to issue annual overweight
permits to:
1. Municipalities and rural fire districts for the transportation of firefighting
apparatus at no cost to the municipalities or rural fire districts;
2. Owners of implements of husbandry, which includes tractors that are
temporarily moved upon a highway at no cost to the owner;
3. Retail implement dealers while hauling implements of husbandry at no
cost to the dealer; and
4. Owners of certain vehicles as provided for in Section 14-103G of this
title.
C. If a vehicle is issued a license pursuant to Section 1134.4 of this title, the
license shall also serve as the overweight permit required by this section.
D. All size, weight and load provisions covered by this chapter shall be
subject to the limitations imposed by Title 23, United States Code, Section 127,
and such other rules and regulations developed herein. Provided further that
any size and weight provision authorized by the United States Congress for use
on the National System of Interstate and Defense Highways, including but not
limited to height, axle weight, gross weight, combinations of vehicles or load
thereon shall be authorized for immediate use on such segments of the National
System of Interstate and Defense Highways and any other highways or portions
thereof as designated by the Transportation Commission or their duly authorized
representative.
E. All size, weight and load provisions covered by Sections 14-101 through
14-123 of this title shall be subject to a gross vehicle weight limit of ninety
thousand (90,000) pounds when applied to a vehicle operating off the National
System of Interstate and Defense Highways unless such vehicle is operating in
full compliance with an overweight permit issued by the Commissioner of
Public Safety.
F. Any vehicle permitted for movement on the highways of this state as
provided in Section 14-101 et seq. of this title, other than a vehicle permitted
solely for overweight movement, shall be moved only during daylight hours. As
used in Section 14-101 et seq. of this title, ‘‘daylight hours’’ shall mean one-half
(1⁄2) hour before sunrise to one-half (1⁄2) hour after sunset. The Commissioner of
Public Safety, for good cause and consistent with the safe movement of the
vehicle, may endorse a permit for the movement of an oversize vehicle to
authorize night time travel under such terms and restrictions as the Commissioner
may require.
G. 1. Any vehicle permitted for movement on the highways of this state as
provided in Section 14-101 et seq. of this title shall not be moved at any time
on the following holidays:
a. New Year’s Day (January 1),
b. Memorial Day (the last Monday in May),
c. The Fourth of July (Independence Day),
d. Labor Day (the first Monday in September),
e. Thanksgiving Day (the fourth Thursday in November), and
f. Christmas Day (December 25).
2. Any vehicle permitted for movement on the highways of this state as
provided in Section 14-101 et seq. of this title shall be allowed to move on
the following holidays:
a. Martin Luther King, Jr.’s Birthday (the third Monday in January),
b. President’s Day, also known as Washington’s Birthday (the third
Monday in February), and
c. Veteran’s Day (November 11).
LA 02-21, eff. Feb. 18, 2021.
§ 14-102. Reserved
§ 14-103. Width, height and length of vehicle and load
A. Except as otherwise provided for by this chapter, no vehicle, with or
without load, shall have a total outside width in excess of one hundred two
(102) inches excluding:
1. Tire bulge;
2. Approved safety devices;
3. A retracted awning with a width of eight (8) inches or less or other
appurtenance of four (4) inches or less which is attached to the side of a
recreational vehicle, as defined in Section 1102 of this title; and
4. Pins used as a safety precaution or as a load-assisting device if the pins
do not extend the overall width of the vehicle beyond nine (9) feet. The
State of Oklahoma hereby declares it has determined, in accordance with
23 C.F.R., Section 658.15, that such pins are necessary for the safe and
efficient operation of motor vehicles.
The provisions of this subsection shall not apply to any person engaged in the
hauling of round baled hay with a total outside width of eleven (11) feet or less
when the hay is owned by such person and is being hauled for any purpose
other than resale. The provisions of this subsection shall also not apply to any
county official or employee engaged in the hauling or pulling of a trailer or
equipment owned by the county on the county roads of such county.
B. Except as otherwise provided for by this chapter:
1. No vehicle, with or without load, shall exceed a height of thirteen and
one-half (13 1⁄2) feet on any county road, or fourteen (14) feet on any
turnpike, interstate, U.S. or state highway, unless a greater height is
authorized by a special permit issued by the Commissioner of Public Safety
or an authorized representative of the Commissioner in consultation with
the Department of Transportation specifying the highways to be used,
consistent with public convenience and safety. The prohibitions on movement
as prescribed in subsection F of Section 14-101 of this title and
paragraph 1 of subsection G of Section 14-101 of this title shall not apply
to vehicles operated pursuant to such permits;
2. An official state bridge vertical clearance map providing clearance
heights as posted for bridges on the interstate, U.S. and state highway
systems shall be available on the Oklahoma Department of Transportation
website; and
3. Operators and owners of vehicles which exceed or have loads which
exceed thirteen and one-half (13 1⁄2) feet shall be held liable for all damages
to any part of structures spanning the highway or damages suffered by
other affected parties caused by the vehicle or load exceeding the posted
height;
C. Except as otherwise provided for by this chapter:
1. No single truck, with or without load, shall have an overall length,
inclusive of front and rear bumpers, in excess of forty- five (45) feet;
2. No single bus, with or without load, shall have an overall length,
inclusive of front and rear bumpers, in excess of forty- five (45) feet;
3. a. On the National Network of Highways which includes the National
System of Interstate and Defense Highways and four- lane divided Federal
Aid Primary System Highways, no semitrailer operating in a truck-tractor/
semitrailer combination shall have a length greater than fifty-three (53)
feet, except as provided in subsection C of Section 14-118 of this title
which shall apply to semitrailers exceeding fifty-three (53) feet but not
exceeding fifty-nine (59) feet six (6) inches. On the National System of
Interstate and Defense Highways and four-lane divided Federal Aid Primary
System Highways, no semitrailer or trailer operating in a trucktractor/
semitrailer and trailer combination shall have a length greater than
fifty-three (53) feet;
b. On roads and highways not a part of the National System of
Interstate and Defense Highways or four-lane divided Federal Aid
Primary System Highways, no semitrailer operating in a truck-tractor/
semitrailer combination shall have a length greater than fifty-three
(53) feet and no semitrailer or trailer operating in a truck-tractor/semitrailer
and trailer combination shall have a length greater than twentynine
(29) feet. Except as provided for in subsection D of Section
14-118 of this title, no other combination of vehicles shall have an
overall length, inclusive of front and rear bumpers, in excess of seventy
(70) feet on all roads and highways. For the purposes of this paragraph,
oil field rig-up trucks shall be considered to be truck-tractors,
when towing a trailer or semitrailer;
c. On the National Network of Highways the overall length limitation
of a towaway trailer transporter combination may exceed length restrictions
up to eighty-two (82) feet;
d. As used in this section:
(1) The term ‘‘trailer transporter towing unit’’ shall mean a power
unit that is not used to carry property when operating in a
towaway trailer transporter combination, and
(2) The term ‘‘towaway trailer transporter combination’’ shall
mean a combination of vehicles consisting of a trailer transporter
towing unit and two (2) trailers or semitrailers with a total weight
that does not exceed twenty-six thousand (26,000) pounds; and in
which the trailers or semitrailers carry no property and constitute
inventory property of a manufacturer, distributor or dealer of such
trailers or semitrailers;
4. No combination of vehicles shall consist of more than two units,
except:
a. one truck and semitrailer or truck-tractor/semitrailer combination
may tow one complete trailer or semitrailer, or
b. vans, suburbans, blazers or other similar types of vehicles and selfpropelled
recreational vehicles with a three-quarter (3⁄4) ton or more
rated capacity may tow a semitrailer and one complete trailer or
semitrailer for recreational purposes only, provided the overall length,
inclusive of the front and rear bumpers, does not exceed sixty-five (65)
feet;
5. Poles and gas lines used to maintain public utility services, not to
include new construction, may be moved during daylight hours, and during
nighttime hours only in an emergency, subject to traffic and road restrictions
promulgated by the Commissioner of Public Safety, when the overall
length does not exceed eighty (80) feet. When this length is exceeded,
these loads are subject to the requirements of Section 14-118 of this title;
6. For the purposes of paragraphs 1, 3, and 4 of this subsection, the
length of unitized equipment,which is defined to be equipment so constructed
and attached to a rubber-tired vehicle that the vehicle and load
become a unit and are for all practical purposes inseparable, shall be the
length of the vehicle itself, and shall not include any protrusion of the
equipment load so constructed or attached. The equipment shall not
protrude for a distance greater than two-thirds (2⁄3) of the wheel base of the
vehicle, shall not impair the driver’s vision, and if less than seven (7) feet
above the roadway, shall be safely marked, flagged or illuminated. Any
such protruding structure shall be securely held in place to prevent
dropping or swaying. Unitized equipment shall carry such safety equipment
as shall be determined to be necessary for the safety, health, and
welfare of the driving public by the Commissioner of Public Safety;
7. For the purposes of paragraphs 1, 3, and 4 of this subsection, a trucktractor,
when being towed by another vehicle with the wheels of its steering
axle raised off the roadway, shall be considered to be a semitrailer as
defined in Section 1-162 of this title;
8. The provisions of paragraphs 1 and 3 of this subsection shall not apply
to any contractor or subcontractor, or agents or employees of any contractor
or subcontractor, while engaged in transporting material to the site of a
project being constructed by, for, or on behalf of this state or any city,
town, county, or subdivision of this state; and
9. Special mobilized machinery, as defined in Section 1102 of this title,
which exceeds the size provisions of this section shall only use the highways
of the State of Oklahoma by special permit issued by the Commissioner
of Public Safety or an authorized representative of the Commissioner.
Such special permit shall be:
a. a single-trip permit issued under the provisions of Section 14-116
of this title, or
b. a special annual oversize permit issued for one (1) calendar year
period upon payment of a fee of Ten Dollars ($10.00) plus any amount
as provided by subsection H of Section 14-118 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 14-103A. Motor vehicle and manufactured home combinations-Overall
length and width-Limitations on movement
A. No combination of a motor vehicle and manufactured home or frame or
frames thereof shall have an overall length, inclusive of front and rear bumpers,
in excess of seventy (70) feet or a width in excess of eighteen (18) feet while
operating on the system of interstate and defense highways. In determining
the width of a manufactured home, the overall width shall not exceed the
eighteen-foot width limit. Such combination exceeding seventy (70) feet in
length or eight and one-half (8 1⁄2) feet in width must comply with the
provisions of Section 14-118 of this title. A front and rear escort shall be
required on the interstate and defense highways for vehicles meeting the
parameters of this subsection.
B. If any combination of a motor vehicle and manufactured home or frame
thereof exceeds seventy (70) feet in overall length or eight and one-half (8 1⁄2)
feet in width, they shall be moved only during daylight hours on the system of
interstate and defense highways. The towing vehicle must be at least threefourths-
ton rated capacity with dual wheels.
LA 02-21, eff. Feb. 18, 2021.
§ 14-103B. Automobile transporters-Extension of load-Height
A. Any automobile transporter vehicle or combination of automobile transporter
vehicles operated under the provisions of Section 14-103 of this title
may carry an extension of load, the extension not to exceed three (3) feet
beyond the front nor more than four (4) feet beyond the rear of the vehicle or
combination of vehicles thereof.
B. Any stinger-steered automobile transporter operated under the provisions
of Section 14-103 of this title may have an overall length up to eighty (80)
feet with an extension of load, with the extension not to exceed four (4) feet
beyond the front nor more than six (6) feet beyond the rear of the vehicle or
combination of vehicles.
C. No automobile transporter vehicle, unladen or with load, shall exceed a
height of fourteen and one-half (14 1⁄2) feet.
D. An automobile transporter shall not be prohibited from the transport of
cargo or general freight on a backhaul, provided it complies with weight
limitations for a truck tractor and semitrailer combination. As used in this
section, ‘‘backhaul’’ means the return trip of a vehicle transporting cargo or
general freight, including when carrying goods back over all or part of the same
route.
LA 02-21, eff. Feb. 18, 2021.
§ 14-103C. Special permits-Movement of houses or buildings
A. The Commissioner of Public Safety shall upon proper application issue a
special permit to any person allowing the movement on state and federal
highways of a structure in the form of a house or building, including but not
limited to industrialized housing as defined in Section 14-103A of this title, not
exceeding thirty-two (32) feet in width at the base, and thirty-four (34) feet in
width at the top and twenty-one (21) feet in height. The permit shall specify
the highways to be used, consistent with public convenience and safety, as
determined by the Commissioner of Public Safety, in consultation with the
Department of Transportation. In addition to the prohibitions on movement as
prescribed in Section 14-101 et seq. of this title, such structures shall not be
moved on Saturday or Sunday.
B. If any structure or housing described in subsection A of this section has a
width in excess of sixteen (16) feet, the towing vehicle shall be a tandem-axle
vehicle of no less than two hundred twenty (220) horsepower.
LA 02-21, eff. Feb. 18, 2021.
§ 14-103D. Permit to transport or move manufactured home
A. No person shall transport or move a manufactured home on any public
road or highway in this state, except as otherwise provided by law, without a
permit issued pursuant to the provisions of Sections 14-103A and 14-103C of
this title and subsection B of this section, and without a current calendar year
decal or current registration or a repossession affidavit issued pursuant to
Sections 1110 and 1126 of this title.
B. In addition to the permit information required by the provisions of
Sections 14-103A and 14-103C of this title, the permit shall also include the
following:
1. The name of the owner of the manufactured home;
2. The serial number or identification number of the manufactured home;
3. A legal description or the physical address of the location from which
the manufactured home is to be moved;
4. A legal description or the physical address of the location to which the
manufactured home is to be moved; and
5. The name of the firm or individual repossessing the manufactured
home as it appears on the repossession affidavit, if the movement is for
repossession purposes and the repossession affidavit is being used in lieu of
current license plate and decal, as provided in subsection E of Section
1113 of this title.
C. Except as otherwise provided by law, the Department of Public Safety
shall not issue a permit to any person to transport or move a manufactured
home without a current calendar year decal or current registration; provided:
1. Upon proof of possession of a dealer or in-transit license plate, issued
by the Oklahoma Tax Commission according to the provisions of subsection
D of Section 1128 of this title, the Department of Public Safety shall
issue a permit to the holder of such license;
2. The Department shall issue a permit to the holder of a perfected
security interest in a manufactured home, or a licensed representative
thereof, pursuant to a lawful repossession of the manufactured home, if the
holder or representative is bonded by the state, to move the manufactured
home to a secure location with a repossession affidavit; provided, all
registration fees, excise taxes or ad valorem taxes due on such home shall
be required to be paid within thirty (30) days of the issuance of the permit;
and
3. The Department shall issue a permit to transport or move a manufactured
home used for commercial purposes during the second through the
sixth day of the first month of the following calendar year if the applicant
can provide a special waiver and a commercial move affidavit authorized
pursuant to Section 2813 of Title 68 of the Oklahoma Statutes. As used in
this paragraph, ‘‘manufactured home used for commercial purposes’’
means a manufactured home owned by any lawfully recognized business
entity the primary purpose of which is to provide temporary housing for
the employees or contractors of such business entity.
D. For the purposes of subsections A and C of this section, a manufactured
home registration receipt and Manufactured Home Registration Decal attached
to a certificate of title for a manufactured home or receipts and decal as
authorized by subsection C of Section 1117 of this title shall be evidence of
payment of the excise tax and registration fees required pursuant to the
provisions of Section 1135 of this title and the Ad Valorem Tax Code. 1
E. The Department of Public Safety shall notify the Oklahoma Tax Commission,
the county assessor of the county from which the manufactured home is to
be moved and the county assessor of the county in which the manufactured
home is to be moved of any permits issued pursuant to the provisions of this
section.
LA 02-21, eff. Feb. 18, 2021.
§ 14-103E. Notification of issuance of permit
A. Upon issuance of a permit pursuant to the provisions of Section 14-103D
of Title 47 of the Oklahoma Statutes, the Department of Public Safety shall
notify the Oklahoma Tax Commission of the issuance of such permit. The
notification shall include the permit information required by subsection B of
Section 14-103D of Title 47 of the Oklahoma Statutes.
B. Upon notification of issuance of the permit pursuant to subsection A of
this section, the Tax Commission shall notify the county assessor of the county
in which the manufactured home is to be located, of the issuance of the permit.
Such notification shall include the permit information required by subsection B
of Section 14-103D of Title 47 of the Oklahoma Statutes.
LA 02-21, eff. Feb. 18, 2021.
§ 14-103F. Manufactured home used in construction, oil field or seasonal
farming activities-Special decals
Any person, firm or corporation owning a manufactured home used in the
course of his construction, oil field or seasonal farming activities, may apply for
a special decal allowing such person to transport said manufactured home on
the highways of this state, provided this section shall not be construed to waive
the permit otherwise required by Sections 14-103A and 14-103C of Title 47 of
the Cherokee Nation Statutes Annotated.
Such special decal shall be issued by any motor license agent upon proof that
said person, firm or corporation has paid all ad valorem taxes due on such
manufactured home for the current tax year. The fee for such special decal
shall be Four Dollars ($4.00). Such special decal shall be valid for the taxable
year.
LA 02-21, eff. Feb. 18, 2021.
§ 14-103G. Oversize or overweight load vehicle permits-Annual fleet permits-
Permits for movement of oversized portable buildings
A. 1. The Department of Public Safety may issue an annual vehicle permit
under the provisions of this subsection to a specific vehicle, for the movement
of oversize or overweight loads that cannot reasonably be dismantled. Unless
otherwise provided by law, permits issued under this subsection shall be subject
to the conditions described in paragraphs 2 through 8 of this subsection.
2. Oversize or overweight loads operating under an annual vehicle permit
shall not exceed:
a. twelve (12) feet in width,
b. fourteen (14) feet in height,
c. one hundred ten (110) feet in length, or
d. one hundred twenty thousand (120,000) pounds gross weight.
3. Oversize or overweight loads operating under an annual vehicle permit
under this subsection shall not transport a load that has more than a
twenty-five-foot front overhang, or more than a thirty-foot rear overhang.
4. The fee for an annual vehicle permit shall be Four Thousand Dollars
($4,000.00) and shall be nonrefundable.
5. The annual vehicle permit shall be issued for one (1) calendar year
period and shall commence upon the date specified on the permit.
6. An annual vehicle permit issued pursuant to this subsection shall be
nontransferable between permittees.
7. The permitted vehicle or vehicle combination shall be registered in
accordance with the provisions of Chapter 14 of this title for maximum
weight.
8. An annual vehicle permit issued pursuant to this subsection may be
transferred from one vehicle to another vehicle in the fleet of the permittee
provided:
a. the permitted vehicle is destroyed or otherwise becomes permanently
inoperable to the extent that the vehicle will no longer be
utilized, and the permittee presents proof to the Department of Public
Safety that the negotiable certificate of title or other qualifying documentation
has been surrendered to the Department of Public Safety, or
b. the certificate of title to the permitted vehicle is transferred to
someone other than the permittee, and the permittee presents proof to
the Department of Public Safety that the negotiable certificate of title
or other qualifying documentation has been transferred from the
permittee.
9. A permit issued for loads specific to turbine blades, used for the
purpose of wind generation, may exceed a length of one hundred ten (110)
feet.
B. 1. The Department of Public Safety may issue an annual vehicle permit
under this subsection to a specific motor carrier, for the movement of oversize
or overweight loads that cannot reasonably be dismantled. An annual vehicle
permit issued under this subsection may be transferred from one vehicle to
another vehicle in the fleet of the permittee provided:
a. that no more than one vehicle is operating at a time, and
b. the original certified permit is carried in the vehicle that is being
operated under the terms of the permit.
2. An annual vehicle permit issued under this subsection shall be sent to
the permittee via first-class, registered mail, or at the request and expense
of the permittee via overnight delivery service. The annual vehicle permit
shall not be duplicated. The annual vehicle permit shall be replaced only
if:
a. the permittee did not receive the original permit within seven (7)
business days after the date of issuance,
b. a request for replacement is submitted to the Department of Public
Safety within ten (10) business days after the original date of issuance
of the permit, and
c. the request for replacement is accompanied by a notarized statement
signed by a principal or officer of the permittee acknowledging
that the permittee understands the permit may not be duplicated and
that if the original permit is located, the permittee shall return either
the original or replacement permit to the Department of Public Safety.
3. A request for replacement of an annual vehicle permit issued pursuant
to the provisions of this subsection shall be denied if the Department of
Public Safety can verify that the permittee received the original annual
vehicle permit.
4. Lost, misplaced, damaged, destroyed, or otherwise unusable annual
vehicle permits shall not be replaced. A new permit shall be required and
shall be issued by the Department of Public Safety.
C. 1. The Department of Public Safety may issue an annual fleet permit
under this subsection to an electric utility, regulated by the Corporation
Commission or a rural electric cooperative solely for the movement of poles.
An annual fleet permit issued under this subsection may be used by any vehicle
in the fleet of the permittee provided that a certified copy of the permit is
carried in each vehicle that is being operated under the terms of the permit.
2. Oversize loads operating under an annual permit issued pursuant to
this subsection shall not exceed:
a. twelve (12) feet in width,
b. fourteen (14) feet in height, or
c. fifty-five (55) feet in length.
3. The annual fee for an annual fleet permit issued pursuant to this
subsection shall be Four Thousand Dollars ($4,000.00) and shall be nonrefundable.
4. The annual fleet permit shall be issued for a one-calendar-year period
and shall commence upon the date specified on the permit.
5. The annual fleet permit issued under this subsection shall be sent to the
permittee via first class, registered mail, or at the request and expense of
the permittee via overnight delivery service. The annual permit shall be
replaced only if:
a. the permittee did not receive the original permit within seven (7)
business days after the date of the issuance,
b. a request for replacement is submitted to the Department of Public
Safety within ten (10) business days after the original date of issuance
of the permit, and
c. the request for replacement is accompanied by a notarized statement
signed by an authorized person of the permittee acknowledging
that if the original permit is located, the permittee shall either return
the original or replacement permit to the Department of Public Safety.
6. A request for replacement of an annual permit issued under the
provisions of this subsection shall be denied if the Department of Public
Safety can verify the permittee received the original annual permit.
7. Lost, misplaced, damaged, destroyed or otherwise unusable annual
permits shall not be replaced. A new permit shall be required and shall be
issued by the Department of Public Safety.
8. For the purposes of paragraph 5 of subsection C of Section 14-103 of
this title, the term ‘‘emergency’’ means any permitted movement of poles
pursuant to the provisions of this subsection that is not for new construction
of electric distribution facilities.
D. 1. The Department of Public Safety shall issue an annual vehicle permit
under this subsection to a transportation company or manufacturer of portable
buildings solely for the movement of oversize portable buildings for a specific
manufacturer of portable buildings. An annual vehicle permit issued under
this subsection may not be transferred from one vehicle to another vehicle in
the fleet. The name of the manufacturer shall be on the permit and on any
portable building being moved. The original certified permit shall be carried in
the vehicle that is being operated under the terms of the permit.
2. Oversize loads operating under an annual vehicle permit issued pursuant
to this subsection shall not exceed:
a. twelve (12) feet in width at the wall with no more than a threeinch-
eave overhang, or
b. fourteen (14) feet in height.
3. The total gross weight of oversize loads operating under an annual
vehicle permit issued pursuant to this subsection shall not exceed forty-five
thousand (45,000) pounds.
4. The tow vehicle shall be limited to two axles, and the vehicle identification
number of the vehicle shall be on the permit.
5. The fee for an annual vehicle permit issued pursuant to this subsection
shall be Five Hundred Dollars ($500.00) and shall be nonrefundable.
6. An annual vehicle permit issued under this subsection shall be sent to
the permittee via first-class, registered mail, or at the request and expense
of the permittee via overnight delivery service. The annual vehicle permit
shall not be duplicated. The annual vehicle permit shall be replaced only
if:
a. the permittee did not receive the original permit within seven (7)
business days after the date of issuance,
b. a request for replacement is submitted to the Department of Public
Safety within ten (10) business days after the original date of issuance
of the permit, and
c. the request for replacement is accompanied by a notarized statement
signed by a principal or officer of the permittee acknowledging
that the permittee understands the permit may not be duplicated and
that if the original permit is located, the permittee shall return either
the original or replacement permit to the Department of Public Safety.
7. A request for replacement of an annual vehicle permit issued pursuant
to the provisions of this subsection shall be denied if the Department of
Public Safety can verify that the permittee received the original annual
vehicle permit.
8. A lost, misplaced, damaged, destroyed, or otherwise unusable annual
vehicle permit shall be replaced for a fee of Twenty- five Dollars ($25.00).
LA 02-21, eff. Feb. 18, 2021.
§ 14-104. Reserved
§ 14-105. Loads on vehicles
A. No vehicle shall be driven or moved on any highway unless such vehicle is
so constructed or loaded as to prevent any of its load from dropping, sifting,
leaking, blowing or otherwise escaping therefrom, except that sand may be
dropped for the purpose of securing traction, or water or other substances may
be sprinkled on a roadway in cleaning or maintaining such roadway.
B. No person shall operate on any highway any vehicle with any load unless
said load and any covering thereon is securely fastened so as to prevent said
covering or load from becoming loose, detached or in any manner a hazard to
other users of the highway. Any vehicle loaded with sand, cinders, or other
loose material susceptible to blowing or otherwise escaping shall have such
load covered so as to prevent the blowing or escaping of said load from the
vehicle.
C. This section shall not apply to trucks loaded with livestock, poultry, hay or
agricultural products, provided that any such truck shall be so constructed or
loaded as to prevent such livestock, poultry or hay from escaping therefrom.
LA 02-21, eff. Feb. 18, 2021.
§ 14-106. Trailers and towed vehicles
Every trailer, or semitrailer, shall be equipped with a coupling device which
shall be so designed and constructed that the trailer, or semitrailer will follow
substantially in the path of the vehicle drawing it without whipping or swerving
from side to side. In addition, every such trailer or semitrailer except a
semitrailer drawn by a truck-tractor type designed to draw or support the front
end of a semitrailer, shall be coupled with stay chains or cables to the vehicle
by which it is being drawn which chains or cable shall be of sufficient size and
strength to prevent parting from the drawing vehicle should the regular
coupling device break or become otherwise disengaged.
LA 02-21, eff. Feb. 18, 2021.
§ 14-107. Definitions
As used in this chapter:
1. ‘‘Axle load’’ means the total load transmitted to the road by all wheels
whose centers arc included between two parallel transverse vertical planes
forty (40) inches apart, extending across the full width of the vehicle.
2. ‘‘Tandem axle’’ means any two or more consecutive axles whose
centers are more than forty (40) inches apart, but not more than ninety-five
(95) inches apart;
3. ‘‘Split tandem axle’’ means any group of two or more consecutive axles
where the center of any two adjacent axles exceeds ninety-five (95) inches,
but does not exceed one hundred twenty (120) inches;
4. ‘‘Nondivisible’’ means any load or vehicle exceeding applicable length
or weight which, if separated into smaller loads or vehicles, would;
a. compromise the intended use of the vehicle;
b. destroy the value of the load or vehicle; or
c. require more than eight (8) hours to dismantle using appropriate
equipment.
5. ‘‘Dual lane axles’’ also known as ‘‘trunnion axles’’ means an axle
configuration with two individual axles mounted in the same transverse
plane, with four tires on each axle, connected at a pivot point that allows
each individual axle to oscillate in a vertical plane to provide constant and
equal weight distribution on each individual axle; and
6. ‘‘Dual lane axles group’’ also known as ‘‘trunnion axle group’’ means
two or more consecutive trunnion axles that are individually attached to,
and/or articulated from, the vehicle, and may include a weight equalizing
suspension system.
LA 25-06, eff. October 19, 2006; LA 02-21, eff. Feb. 18, 2021.
§ 14-108. Reserved
§ 14-109. Overload, any axle or gross weight
A. On any road or highway within Cherokee Nation:
1. No single axle weight shall exceed twenty thousand (20,000) pounds;
and
2. The total gross weight in pounds imposed thereon by a vehicle or
combination of vehicles shall not exceed the value calculated in accordance
with the Federal Bridge formula imposed by 23 U.S.C., Section 127.
B. Except as to gross limits, the formula of this section shall not apply to a
truck-tractor and dump semitrailer when used as a combination unit. In no
event shall the maximum load in pounds carried by any set of tandem axles
exceed thirty-four thousand (34,000) pounds. Any vehicle operating with split
tandem axles or tri-axles shall adhere to the formula.
C. Except for loads moving under special permits as provided in this title,
no department or agency of this state or any county, city, or public entity
thereof shall pay for any material that exceeds the legal weight limits moving in
interstate or intrastate commerce in excess of the legal load limits of this state.
D. 1. An annual special overload permit may be purchased for vehicles
transporting rock, sand, gravel, coal, flour, timber, pulpwood, and chips in
their natural state, oil field fluids, oil field equipment or equipment used in oil
and gas well drilling or exploration, and vehicles transporting grain, fertilizer,
cottonseed, cotton, livestock, peanuts, canola, sunflowers, soybeans, feed, any
other raw agricultural products, and any other unprocessed agricultural products,
if the following conditions are met:
a. the vehicles are registered for the maximum allowable rate,
b. the vehicles do not exceed five percent (5%) of the gross limits set
forth in subsection A of this section,
c. the vehicles do not exceed eight percent (8%) of the axle limits set
forth in subsection A of this section,
d. no component of the vehicles exceeds the manufacturer’s component
weight rating as shown on the vehicle certification label or tag,
and
e. the vehicles operating pursuant to the provisions of this paragraph
will not be allowed to operate on the National System of Interstate and
Defense Highways.
2. Vehicles operating pursuant to this section must register for the maximum
allowable rate and additionally shall purchase a non-transferable
annual special overload permit from the Department of Public Safety for a
fee of Three Hundred Fifty Dollars ($350.00). All monies collected shall be
deposited to the credit of the Highway Construction and Maintenance
Fund.
E. 1. Oversize or overweight vehicles used for specialized transportation if
the maximum weight does not exceed twenty-three thousand (23,000) pounds
on any single axle and:
a. is a dual lane trailer with dual lane axles and the width of the
transport vehicle or trailer exceeds twelve (12) feet in width, or
b. the overall gross vehicle weight of a single trailer meets or exceeds
three hundred thousand (300,000) pounds, originates or terminates at
the Tulsa Port of Catoosa, and the trip is confined within a thirty-mile
radius of the Port.
2. Permit fees for oversize or overweight vehicles used for specialized
transportation shall be in accordance with subsection A of Section 14-116
of this title.
3. Vehicles operating pursuant to the provisions of this paragraph will not
be allowed to operate on the National System of Interstate and Defense
Highways.
F. Exceptions to this section will be:
1. Utility or refuse collection vehicles used by counties, cities, or towns or
by private companies contracted by counties, cities, or towns if the following
conditions are met:
a. calculation of weight for a utility or refuse collection vehicle shall
be ‘‘Gross Vehicle Weight’’. The ‘‘Gross Vehicle Weight’’ of a utility or
refuse collection vehicle may not exceed the otherwise applicable
weight by more than fifteen percent (15%). The weight on individual
axles must not exceed the manufacturer’s component rating which
includes axle, suspension, wheels, rims, brakes, and tires as shown on
the vehicle certification label or tag, and
b. utility or refuse collection vehicles operated under these exceptions
will not be allowed to operate on interstate highways;
2. A combination of a wrecker or tow vehicle and another vehicle or
vehicle combination if:
a. the service provided by the wrecker or tow vehicle is needed to
remove disabled, abandoned, or accident-damaged vehicles, and
b. the wrecker or tow vehicle is towing the other vehicle or vehicle
combination directly to the nearest appropriate place of repair, terminal,
or vehicle storage facility;
3. A vehicle operating pursuant to the provisions of paragraph 2 of this
subsection will not be allowed to operate on the National System of
Interstate and Defense Highways unless it is a covered heavy-duty tow and
recovery vehicle that:
a. is transporting a disabled vehicle from the place where the vehicle
became disabled to the nearest appropriate repair facility, and
b. has a gross vehicle weight that is equal to or exceeds the gross
vehicle weight of the disabled vehicle being transported; and
4. On the interstate highway system a vehicle designed to be used under
emergency conditions to transport personnel and equipment and to support
the suppression of fires and mitigation of other hazardous situations with a
vehicle weight limit up to a maximum gross vehicle weight of eighty-six
thousand (86,000) pounds with less than:
a. twenty-four thousand (24,000) pounds on a single steering axle,
b. thirty-three thousand five hundred (33,500) pounds on a single
drive axle,
c. sixty-two thousand (62,000) pounds on a tandem axle, or
d. fifty-two thousand (52,000) pounds on a tandem rear drive steer
axle.
G. 1. Any vehicle utilizing an auxiliary power or idle reduction technology
unit in order to promote reduction of fuel use and emissions because of engine
idling shall be allowed an additional four hundred (400) pounds total to the
total gross weight limits set by this section.
2. To be eligible for the exception provided in this subsection, the operator
of the vehicle must obtain written proof or certification of the weight of
the auxiliary power or idle reduction technology unit and be able to
demonstrate or certify that the idle reduction technology is fully functional.
3. Written proof or certification of the weight of the auxiliary power or
idle reduction technology unit must be available to law enforcement
officers if the vehicle is found in violation of applicable weight laws. The
additional weight allowed cannot exceed four hundred (400) pounds or the
actual proven or certified weight of the unit, whichever is less.
H. On the Interstate Highway System, a vehicle carrying fluid milk products
shall be considered a load that cannot be easily dismantled or divided, or
‘‘nondivisible’’.
E. 1 Utility or refuse collection vehicles or a combination of a wrecker or
tow vehicle as described in paragraphs 1 and 2 of subsection F of this section
operating under exceptions shall purchase an annual special overload permit
from the Department of Public Safety for One Hundred Dollars ($100.00). All
monies collected shall be deposited to the credit of the Highway Construction
and Maintenance Fund.
LA 25-06, eff. October 19, 2006; LA 02-21, eff. Feb. 18, 2021.
1 So in original.
§ 14-109.1. Load overweight violations not to be recorded as traffic offenses
under certain conditions
Motor vehicle load overweight violations shall not be recorded as traffic
offenses on the driving record of the operator of the vehicle, unless the operator
is the owner of the vehicle, or the owner of a majority of the stock of any
company which is the owner of the vehicle, on which the violation occurs.
LA 02-21, eff. Feb. 18, 2021.
§ 14-109.2. Weighing as single draft
A. Except as hereinafter provided, for the purpose of delivering agriculture
commodities to and from the farm only, any vehicle or combination of vehicles
shall be commercially weighed on a vehicle scale only as a single draft, that is,
the total weight of the vehicle or combination of vehicles shall not be deter-
mined by adding together the results obtained by separately weighing each end
of the vehicle or combination of vehicles, or by separately weighing individual
elements of such vehicle or combination of vehicles. Provided, however, that
when a vehicle or combination of vehicles is not weighed as a single draft the
weight ticket shall be stamped ‘‘multiple draft weight; not guaranteed accurate’’.
Provided further, that any one truck and semitrailer or truck-tractor/
semitrailer combination may tow one complete trailer or semitrailer for the
purpose of delivering agriculture commodities to and from the farm, such
single axle and gross weight limits provided for by Section 14-109 of this title
applying fully herein.
B. This section shall not be construed to allow or permit any vehicle or
combination of vehicles to exceed:
1. The axle load limit, as prescribed in Section 14-109 of this title, of
twenty thousand (20,000) pounds per single axle; or
2. The tandem axle weight, as prescribed in Sections 14-101 and 14-109
of this title; or
3. The overall gross vehicle weight of eighty thousand (80,000) pounds for
vehicles or ninety thousand (90,000) pounds for longer combination vehicles
as defined in U.S. Code 23, Section 127, operating on the Dwight D.
Eisenhower System of Interstate and Defense Highways in accordance
with the provisions of Section 14-118 of this title; or
4. The total overall gross weight of ninety thousand (90,000) pounds for
all other highways in this state, except those highways prescribed in
Section 14-113 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 14-109.3. Exemption for vehicles fueled by compressed or liquefied natural
gas
A. A motor vehicle, if operated by an engine fueled wholly or partially by
compressed or liquefied natural gas, may exceed the gross vehicle weight limits
and any axle weight limits by an amount, not to exceed a maximum of two
thousand (2,000) pounds, that is equal to the difference between:
1. The weight of the vehicle attributable to the natural gas tank and
fueling system carried by that vehicle; and
2. The weight of a comparable diesel tank and fueling system.
B. The weight exemption allowed under this section shall extend to all state
roads and also to interstate highways per the exemption expressly permitted
under section 127(s) of Title 23 of the United States Code, as amended by
Section 1410 of the Fixing America’s Surface Transportation Act of 2015.
LA 02-21, eff. Feb. 18, 2021.
§ 14-110. Carrying registration certificate-Inspection
The registration certificate for any truck, trailer, semitrailer or combination
thereof shall be carried in or on the vehicle at all times and shall be presented
on demand of any officer of the Department of Public Safety, Oklahoma
Corporation Commission, or any sheriff for inspection, and it shall be accepted
in any court as prima facie evidence of weight registration or legally authorized
load limit of the vehicle.
LA 02-21, eff. Feb. 18, 2021.
§ 14-111. Weighing vehicles-Compelling unloading- Certificates-Bills
of sale-Proof of ownership-Impounding
A. Any officer of the Department of Public Safety, the Corporation Commission,
any sheriff, or any salaried deputy sheriff is authorized to stop any vehicle
upon any road or highway in order to weigh such vehicle by means of portable
or stationary scales, or cause the same to be weighed by any official weigher, or
upon any privately owned scales and may require that such vehicles be driven
to the nearest or most convenient available scales for the purpose of weighing.
Any officer weighing a vehicle pursuant to this section by means of portable
scales shall allow the driver of the vehicle to move the vehicle to the most level
weighing area available within two (2) miles of the stop. In the event that any
axle weight or the gross weight of any such vehicle be found to exceed the
maximum weight authorized by law, or by permit issued therefor, the officer
may require, in the case of separable loads, the driver, operator or owner
thereof to unload at the site such portion of the load as may be necessary to
decrease the weight of such vehicle to the maximum weight authorized by law.
Provided, however, that if such load consists of livestock, perishable merchandise,
or merchandise that may be destroyed by the weather, then the driver
shall be permitted to proceed to the nearest practical unloading point in the
direction of destination before discharging such excess cargo. All material so
unloaded shall be cared for by the owner or operator of such vehicle at the risk
of such owner or operator.
B. The operator of any truck or other vehicle transporting farm products for
hire or other merchandise for hire shall have in his or her possession a
certificate carrying the following information: name of the operator; driver
license number; vehicle registration number; Corporation Commission permit
number; and statement of owner authorizing transportation of the products by
above named operator. For the purposes of this section ‘‘certificate’’ includes
electronic manifests and other similar documents that include all of the
information required pursuant to this section.
Should the vehicle be loaded with livestock, the certificate shall include the
number of animals, and should the livestock be the property of more than one
person, a certificate signed by each owner carrying the above information
including the number of animals owned by each owner shall be carried by the
operator. Should the operator be the owner of the merchandise or livestock,
the merchandise or livestock having just been purchased, the operator shall
have in his or her possession a bill of sale for such merchandise or livestock.
Should the operator be the owner of livestock or other farm products produced
by the operator, the operator shall be required to show satisfactory identification
and ownership of the vehicle. Any officer as outlined in this chapter shall
have the authority to stop any vehicle loaded with livestock, merchandise or
other farm products and investigate as to the ownership of the merchandise,
livestock or other farm products. Should the operator of any vehicle be unable
to establish to the satisfaction of the officer the ownership of the merchandise,
livestock or other products, or shall not have the certificate as specified in this
section for the transportation of such merchandise, livestock or other farm
products, the merchandise, livestock or other farm products and the vehicle in
which they are being transported shall be impounded by the officer and any
expense as to the care of any livestock shall be the responsibility of the owner
or operator of the vehicle, and any loss or damage of the merchandise, livestock
or other farm products shall be the responsibility of the operator or owner, or
both.
The provisions of this subsection shall not apply to a person who is transporting
horses or livestock; provided, the person shall not have been hired to
transport the horses or livestock.
LA 02-21, eff. Feb. 18, 2021.
§ 14-112. Reserved
§ 14-113. When the department of highways or local authorities may
restrict right to use highways
The Director of the Department of Transportation with respect to highways on
the state highway system, or local authorities with respect to highways under
their jurisdiction, as defined in Title 69 of the Oklahoma Statutes, may prohibit
the operation of vehicles on any such highways, or impose restrictions as to the
weights of vehicles to be operated upon any state or federal highway or any
detour established for such highways, or for any bridge located upon such
highways or detours, whenever any such highway, detour or bridge by reason
of deterioration, rain, snow or other climatic conditions will be seriously
damaged or destroyed unless the use of vehicles thereon is prohibited or the
permissible weight reduced. Such restrictions shall be effective when signs
giving notice thereof are erected upon the highway, detour, bridge, or portion
thereof affected by such action, and the Department of Public Safety has been
notified. The purpose of this provision with respect to local authorities is to
give such authorities an opportunity to prevent or minimize an immediate
threat of serious harm or destruction to any highway, detour or bridge under
their jurisdiction due to rain, snow or other climatic conditions. Nothing
stated herein shall be construed to grant local authorities the right to issue
permits designed to regulate the use of overweight vehicles upon highways
subject to their jurisdiction, and the issuance of such permits is expressly
prohibited.
LA 02-21, eff. Feb. 18, 2021.
§ 14-114. Liability for damage to highway or structure
(a) The owner and operator of any motor vehicle who shall drive the same
into any overpass or underpass and shall damage such overpass or underpass
shall be absolutely liable to the owner or owners of such overpass or underpass
thereby damaged for the amount of such damage, regardless of the height of
such vehicle and regardless of the clearance in such overpass or underpass, and
failure of such overpass or underpass to be sufficient in height to clear the
vehicles hereby authorized shall not be a defense to any action for such
damages. The provisions of this section shall be enforceable only in the event
the overpass or underpass so damaged has a sign on each side thereof clearly
legible and correctly stating the clearance thereof in feet and inches.
(b) The driver, owner, and any other person, firm or corporation responsible
for a vehicle being on the highways or county roads of this state shall be
responsible for all damages which said highways, including the bridges, pavement
and all other public property thereon, may sustain as a result of a
violation of the provisions of this or any other chapter regulating the usage of
the highways, or as a result of the negligent or improper operation of said
vehicle, and the county or state agency having charge of said highway may
recover the amount of such damages in an action for damages.
The owner, driver, and any other person, firm or corporation responsible for
any vehicle operating under an overweight or oversize permit shall be responsible
for any damages to highway bridges or roads caused by the operation of
such vehicle, whether caused by negligence or not, and no further permits shall
be issued to such owner or operator until payment has been made for such
damages. The amount of such damages may be recovered in an action for
damages brought by the county or state agency having charge of said highway.
The issuance of any special permit shall not be considered a warranty of any
bridge or highway to support the permitted load.
LA 02-21, eff. Feb. 18, 2021.
§ 14-115. Reserved
§ 14-116. Permit fees-Escrow account system-Emergencies- Violations-
Disposition and allocation of proceeds
A. The Commissioner of Public Safety shall charge a minimum permit fee of
Forty Dollars ($40.00) for any permit issued pursuant to the provisions of
Section 14-101 et seq. of this title. In addition to the permit fee, the Commissioner
shall charge a fee of Ten Dollars ($10.00) for each thousand pounds in
excess of the legal load limit. The Commissioner of Public Safety shall
establish any necessary rules for collecting the fees.
B. The Department of Public Safety is authorized to establish an escrow
account system for the payment of permit fees. Authorized motor carriers
meeting established credit requirements may participate in the escrow account
system for permits purchased from all size and weight permit offices in this
state. Carriers not choosing to participate in the escrow account system shall
be required to make payment of the required fee or fees upon purchase of each
permit as required by law. All monies collected through the escrow account
system shall be deposited to a special account of the Department of Public
Safety and placed in the custody of the State Treasurer. Proceeds from permits
purchased using the escrow account system shall be distributed as provided for
in subsection H of this section. However, fees collected through such accounts
for the electronic transmission, transfer or delivery of permits, as provided for
in Section 14-118 of this title, shall be credited to the Department of Public
Safety Restricted Revolving Fund.
C. 1. Application for permits shall be made a reasonable time in advance
of the expected time of movement of such vehicles. For emergencies affecting
the health or safety of persons or a community, permits may be issued for
immediate movement.
2. Size and weight permit offices in all districts where applicable shall
issue permits to authorize carriers by telephone during weekdays.
D. No overweight permit shall be valid until all license taxes due the State
of Oklahoma have been paid.
E. No permit violation shall be deemed to have occurred when an oversize
or overweight movement is made pursuant to a permit whose stated weight or
size exceeds the actual load.
F. Any permit issued for a truck or truck-tractor operating in combination
with a trailer or a semitrailer shall contain only the license plate number for the
truck or truck-tractor if the permittee provides to the Department a list
containing the license plate number, and such other information as the Department
may prescribe by rule, for each trailer or semitrailer which may be used
for movement with the permit. When the permittee provides the list described
in this subsection, the license plate number for any trailer or semitrailer to be
moved with the permit shall not be included on the permit; provided, a trailer
or semitrailer which is not on the list shall not be authorized to be used for
movement with the permit. It shall be the responsibility of the permittee to
ensure the list provided to the Department is maintained and updated with any
fleet changes. The Department shall adopt any rules deemed necessary to
administer the provisions of this subsection.
G. The first deliverer of motor vehicles designated truck carriers or well
service carriers manufactured in Oklahoma shall not be required to purchase
an overweight permit when being delivered to the first purchaser.
H. Except as provided in Section 14-122 of this title, the first One Million
Two Hundred Sixteen Thousand Dollars ($1,216,000.00) of proceeds from both
the permit fees and the overweight permit fees imposed pursuant to subsection
A of this section collected monthly shall be apportioned as provided in Section
1104 of this title. For the fiscal year beginning July 1, 2016, and ending June
30, 2017, the next Two Million One Hundred Fifty Thousand Dollars
($2,150,000.00) of proceeds from both the permit fees and the overweight
permit fees imposed pursuant to subsection A of this section collected monthly
shall be remitted to the Department of Public Safety for the purpose of training
the Department of Public Safety port of entry officers whose powers and duties
shall be specified by the Department of Public Safety through the promulgation
of rules. For the fiscal year beginning July 1, 2017, and all subsequent years,
the next One Million Five Hundred Thousand Dollars ($1,500,000.00) of proceeds
from both the permit fees and the overweight permit fees imposed
pursuant to subsection A of this section collected monthly shall be remitted to
the Department of Public Safety for the purpose of staffing the port of entry
weigh stations with Department of Public Safety port of entry officers whose
powers and duties shall be specified by the Department of Public Safety
through the promulgation of rules. For the fiscal year beginning July 1, 2016,
and ending June 30, 2017, all proceeds collected from both the permit fees and
the overweight permit fees imposed pursuant to subsection A of this section in
excess of Three Million Three Hundred Sixty-six Thousand Dollars
($3,366,000.00) shall be deposited in the Weigh Station Improvement Revolving
Fund as provided in Section 1167 of this title for the purpose set forth in that
section and may be used for motor carrier permitting systems and motor
carrier safety and enforcement. For the fiscal year beginning July 1, 2017, and
all subsequent years, all proceeds collected from both the permit fees and the
overweight permit fees imposed pursuant to subsection A of this section in
excess of Two Million Seven Hundred Sixteen Thousand Dollars
($2,716,000.00) shall be deposited in the Weigh Station Improvement Revolving
Fund as provided in Section 1167 of this title for the purpose set forth in that
section and may be used for motor carrier permitting systems and motor
carrier safety and enforcement.
LA 02-21, eff. Feb. 18, 2021.
§ 14-116a. Transportation of load or manufactured home without permit-
Penalties
Any person, firm, or corporation who moves or transports any load or manufactured
home without a permit issued by the Department of Public Safety as
required by the provisions of this chapter shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be punished as follows:
1. For the first such violation, by a fine of Five Hundred Dollars
($500.00);
2. For the second such violation, by a fine of One Thousand Dollars
($1,000.00); and
3. For the third and subsequent violations, by a fine of not less than One
Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars
($5,000.00).
The permit shall be carried by the operator of the vehicle moving or transporting
the load or manufactured home and shall be available for inspection by any
law enforcement officer. If said operator is found not to possess a permit, the
load or manufactured home shall not continue to be moved or transported.
Thereafter, the load or manufactured home shall not be moved or transported
further except by the operator of a vehicle moving or transporting the load or
manufactured home who is in possession of a permit authorizing the movement
of the load or manufactured home.
LA 02-21, eff. Feb. 18, 2021.
§ 14-117. Reserved
§ 14-118. Motor carriers-Permits-Oklahoma Load Limit Map- Saddlemounts-
Exemptions and restrictions-Driveaway permits
A. 1. Pursuant to such rules as may be prescribed by Oklahoma agencies
of jurisdiction, Oklahoma motor carriers may engage in any activity in which
carriers subject to the jurisdiction of the federal government may be authorized
by federal legislation to engage. Provided further, the Transportation Commission
shall formulate, for the State Trunk Highway System, including the
National System of Interstate and Defense Highways, and for all other highways
or portions thereof, rules governing the movement of vehicles or loads
which exceed the size or weight limitations specified by the provisions of this
chapter.
2. Such rules shall be the basis for the development of a system by the
Commissioner of Public Safety for the issuance of permits for the movement
of oversize or overweight vehicles or loads. Such system shall
include, but not be limited to, provisions for duration, seasonal factors,
hours of the day or days when valid, special requirements as to flags,
flagmen and warning or safety devices, and other such items as may be
consistent with the intent of this section. The permit system shall include
provisions for the collection of permit fees as well as for the issuance of the
permits by telephone, electronic transfer or such other methods of issuance
as may be deemed feasible.
3. The Department of Public Safety is authorized to charge a fee of Two
Dollars ($2.00) for each permit requested to be issued by facsimile machine
or by any other means of electronic transmission, transfer or delivery. The
fee shall be in addition to any other fee or fees assessed for the permit.
The fee shall be deposited in the State Treasury to the credit of the
Department of Public Safety Restricted Revolving Fund and the monies
shall be expended by the Department solely for the purposes provided for
in this chapter.
4. It is the purpose of this section to permit the movement of necessary
overweight and oversize vehicles or loads consistent with the following
obligations:
a. protection of the motoring public from potential traffic hazards,
b. protection of highway surfaces, structures, and private property,
and
c. provision for normal flow of traffic with a minimum of interference.
B. The Transportation Commission shall prepare and publish a map of the
State of Oklahoma showing by appropriate symbols the various highway
structures and bridges in terms of maximum size and weight restrictions. This
map shall be titled ‘‘Oklahoma Load Limit Map’’ and shall be revised periodically
to maintain a reasonably current status and in no event shall a period of
two (2) years lapse between revisions and publication of the printed version of
the Oklahoma Load Limit Map. This map shall also be made available by the
Department of Transportation on the Internet, and in no event shall a period of
six (6) months lapse between revisions of the information provided on the
Internet. Provided, further, the Secretary of the Department of Transportation
shall prepare and publish a map of the State of Oklahoma showing the
advantages of this state as a marketing, warehousing and distribution network
center for motor transportation sensitive industries.
C. The Commissioner of Public Safety, or an authorized representative,
shall have the authority, within the limitations formulated under provisions of
this chapter, to issue, withhold or revoke special permits for the operation of
vehicles or combinations of vehicles or loads which exceed the size or weight
limitations of this chapter. Every such permit shall be carried in the vehicle or
combination of vehicles to which it refers and shall be open to inspection by
any law enforcement officer or authorized agent of any authority granting such
permit, and no person shall violate any of the terms or conditions of such
special permit.
D. It shall be permissible in the transportation of empty trucks on any road
or highway to tow by use of saddlemounts; i.e., mounting the front wheels of
one vehicle on the bed of another leaving the rear wheels only of such towed
vehicle in contact with the roadway. One vehicle may be fullmounted on the
towing or towed vehicles engaged in any driveaway or towaway operation. No
more than three saddlemounts may be permitted in such combinations. The
towed vehicles shall be securely fastened and operated under the applicable
safety requirements of the United States Department of Transportation and
such combinations shall not exceed an overall length of seventy-five (75) feet.
Provided, a driveaway saddlemount with fullmount vehicle transporter combination
may reach an overall length of ninety-seven (97) feet on the National
Network of Highways.
E. The Commissioner of Public Safety, upon application of any person
engaged in the transportation of forest products in the raw state, which is
defined to be tree-length logs moving from the forest directly to the mill, or
upon application of any person engaged in the hauling for hire or for resale, of
round baled hay with a total outside width of eleven (11) feet or less, shall issue
an annual permit, upon payment of a fee of Twenty-five Dollars ($25.00) each
year, authorizing the operation by such persons of such motor vehicle load
lengths and widths upon the highways of this state except on the National
System of Interstate and Defense Highways. Provided, however, the restriction
on use of the National System of Interstate and Defense Highways shall not be
applicable to persons engaged in the hauling of round baled hay with a total
outside width of eleven (11) feet or less.
F. The Commissioner of Public Safety, upon application of any person
engaged in the transportation of overwidth or overheight equipment used in
soil conservation work with a total outside width of twelve (12) feet or less,
shall issue an annual permit, upon payment of a fee of Twenty-five Dollars
($25.00) each year, authorizing the operation by such persons of such motor
vehicle load lengths and widths upon the highways of this state except on the
National System of Interstate and Defense Highways.
G. Farm equipment including, but not limited to, implements of husbandry
as defined in Section 1-125 of this title shall be exempted from the requirement
for special permits due to size. Such equipment may move on any highway,
except those highways which are part of the National System of Interstate and
Defense Highways, during the hours of darkness and shall be subject to the
requirements as provided in Section 12-215 of this title. In addition to those
requirements, tractors pulling machinery over thirteen (13) feet wide must have
two amber flashing warning lamps symmetrically mounted, laterally and widely
spaced as practicable, visible from both front and rear, mounted at least thirtynine
(39) inches high.
H. Any rubber-tired road construction vehicle including rubber-tired truck
cranes and special mobilized machinery either self-propelled or drawn carrying
no load other than component parts safely secured to the machinery and its
own weight, but which is overweight by any provisions of this chapter, shall be
authorized to move on the highways of the State of Oklahoma. Movement of
such vehicles shall be authorized on the Federal Interstate System of Highways
only by special permit secured from the Commissioner of Public Safety or an
authorized representative upon determination that the objectives of this section
will be served by such a permit and that federal weight restrictions will not be
violated. The special permit shall be:
1. A single-trip permit issued under the provisions of this section and
Section 14-116 of this title; or
2. A special annual overweight permit which shall be issued for one
calendar year period upon payment of a fee of Sixty Dollars ($60.00).
The weight of any such vehicle shall not exceed six hundred fifty (650)
pounds multiplied by the nominal width of the tire. The vehicle shall be
required to carry the safety equipment adjudged necessary for the health and
welfare of the driving public. If any oversized vehicle does not come under the
other limitations of the present laws, it shall be deemed that the same shall
travel only between the hours of sunrise and sunset. The vehicle, being
overweight but of legal dimension, shall be allowed continuous travel. The
vehicles, except special mobilized machinery, shall be exempt from the laws of
this state relating to motor vehicle registration, licensing or other fees or taxes
in lieu of ad valorem taxes.
I. 1. When such machinery has a width greater than eight and one-half (8
1⁄2) feet, or a length, exclusive of load, of forty- five (45) feet, or a height in
excess of thirteen and one-half (13 1⁄2) feet, then the permit may restrict
movement to a fifty-mile radius from an established operating base, and may
designate highways to be traveled, hours of travel and when flagmen may be
required to precede or follow the equipment.
2. Possession of a permit shall in no way be construed as exempting such
equipment from the authority of the Director of the Department of Transportation
to restrict use of particular highways, nor shall it exempt owners
or operators of such equipment from the responsibility for damage to
highways caused by movement of the equipment. Nothing in this subsection
shall apply to machinery used in highway construction or road
material production.
3. Upon the issuance of a special mobilized machinery driveaway permit
as provided in this subsection, special mobilized machinery manufactured
in Oklahoma shall be permitted to move upon the highways of this state
from the place of manufacture to the state line for delivery and exclusive
use outside the state, and may be temporarily returned to Oklahoma for
modification and repair, with subsequent movement back out of the state.
Special driveaway permits for such movements shall be issued by the
Commissioner of Public Safety, who may act through designated agents,
upon the payment of a fee in the amount of Fifteen Dollars ($15.00) for
each movement.
4. The size of the special mobilized machinery shall not be such as to
create a safety hazard in the judgment of the Commissioner of Public
Safety. Permits for such special mobilized machinery shall specify a
maximum permissible road speed of sixty (60) miles per hour, designate
safety equipment to be carried and may exclude use of highways of the
interstate system.
5. When such equipment has a width greater than eight and one-half (8
1⁄2) feet, or a length exclusive of load of forty-five (45) feet, or a height in
excess of thirteen and one-half (13 1⁄2) feet, the permit may designate
highways to be traveled, hours of travel and when flagmen may be required
to precede or follow the equipment.
6. Possession of a special driveaway permit shall in no way be construed
as exempting such equipment from the authority of the Director of the
Department of Transportation to restrict use of particular highways, nor
shall it exempt the owners or operators of such equipment from the
responsibility for damage to highways caused by the movement of such
equipment.
LA 02-21, eff. Feb. 18, 2021.
§ 14-118.1. Multi-state oversize and overweight permits
The Department of Transportation is authorized to enter into agreements with
governmental entities outside this state for the issuance of regional and national
oversize and overweight permits for single-trip nondivisible loads. The Commissioner
of Public Safety shall adopt rules necessary to implement the agreements
and shall issue multi-state permits for single-trip nondivisible loads in
accordance with the terms of the agreements and shall receive and remit
permit fees from a Department of Public Safety special account in accordance
with the agreements and state law.
LA 02-21, eff. Feb. 18, 2021.
§ 14-119. Load capacity violations-Penalties
Any common, contract, or private motor carrier or any shipper, firm, corporation,
or other person who willfully or knowingly transports a load having a
capacity greater than the axle or gross weights authorized by statute or by
special permit pursuant to the provisions of Sections 14-116 and 14-118 of this
title, or who loads or causes or requires a vehicle to be loaded to said capacity,
upon conviction, is guilty of a misdemeanor and shall be subject to the penalties
and fines provided for in Section 17-101 of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 14-120. Movement of certain manufactured items-Limitations-Permits-
Fees-Escorts
A. Manufactured items, with the exception of manufactured homes as defined
in Section 1102 of this title and industrialized housing as defined in
subsection B of Section 14-103A of this title, exceeding sixteen (16) feet but not
exceeding twenty-three (23) feet in width traveling:
1. From a point of manufacture in the State of Oklahoma to a point of
delivery in the State of Oklahoma or to a point of delivery in another state;
or
2. From a point of manufacture outside the State of Oklahoma to a point
of delivery in the State of Oklahoma or to a point of delivery in another
state shall be permitted, upon receipt of a special movement permit issued
under the provisions of subsection B of this section, to travel on any state
or U.S. highway in Oklahoma. Provided, however, the Commissioner of
Public Safety is authorized to allow such items in excess of twenty-three
(23) feet in width to travel on such highway if it is in the best interest of the
state and a special moving permit has been issued. Provided, further, that
no such load in excess of the limitations set forth in the applicable United
States Code shall be permitted to travel upon any portion of the National
System of Interstate and Defense Highways.
B. Every person desiring to transport manufactured items pursuant to the
provisions of this section shall apply to the Department of Public Safety for a
special movement permit on an application form prescribed by the Department.
Upon approval of the application by the Department, a special movement
permit shall be issued for a fee of Five Hundred Dollars ($500.00). Except as
provided in Section 4 of this act, 1 monies received from such special movement
permit fees shall be deposited in the State Treasury to the credit of the
General Revenue Fund. A permit issued pursuant to the provisions of this
subsection shall expire upon the completion of one trip specified in subsection
A of this section. The special movement permit, and fee related thereto, shall
be in addition to the permit and fees required by Section 14-116 of this title.
C. Highway escorts shall be required for transportation of items pursuant to
the provisions of this section according to rules and regulations prescribed by
the Department of Public Safety.
LA 02-21, eff. Feb. 18, 2021.
§ 14-120.1. Vehicles 12 or more feet wide to be escorted
A. Any vehicle or combination of vehicles with an outside width that
exceeds twelve (12) feet operating on highways in the state, including the
National System of Interstate and Defense Highways, shall, in addition to being
in compliance with provisions of Section 14-101 et seq. of this title, be
accompanied by an escort vehicle or vehicles, as prescribed by the Department
of Public Safety.
B. No person shall operate an escort vehicle for hire, as required by this
section, unless the person has been certified by the Department of Public Safety
as an escort vehicle operator.
C. Any person not required to be certified by the Department of Public
Safety as an escort vehicle operator may tow a trailer when escorting a
manufactured home. Such trailer shall not exceed eight and one-half (8 1⁄2) feet
in width and twenty (20) feet in length with siding not to exceed four (4) feet in
height measured from the bed of the trailer.
The trailer may only be used to transport supplies and equipment necessary
to carry out the mission of escort vehicle operators.
D. The Commissioner of Public Safety shall promulgate rules for the certification
of operators of escort vehicles and the use of escort vehicles, as required
by this section.
E. The Commissioner of Public Safety is hereby authorized to enter into
reciprocal compacts and agreements with other states for the purpose of
recognizing escort vehicle operator certifications issued by those states.
LA 02-21, eff. Feb. 18, 2021.
§ 14-120.2. Law enforcement escort-Transport of oversized load or hazardous
shipment by road or rail-Fees
A. Every person required by the Department of Transportation, the Oklahoma
Turnpike Authority, or any federal agency or commission to have a law
enforcement escort provided by the Oklahoma Highway Patrol Division of the
Department of Public Safety for the transport of any oversized load or hazardous
shipment by road or rail shall pay to the Department of Public Safety a fee
covering the full cost to administer, plan, and carry out the escort within this
state.
B. If the Highway Patrol provides an escort to accompany the transport of
an oversized load or hazardous shipment by road or rail at the request of any
person that is not required to have a law enforcement escort pursuant to
subsection A of this section, then the requestor shall pay to the Department of
Public Safety a fee covering the full cost to administer, plan, and carry out the
escort within this state.
C. The Department of Public Safety shall adopt a schedule of fees necessary
to implement this section.
D. All fees collected by the Department pursuant to this section shall be
deposited to the credit of the Department of Public Safety Restricted Revolving
Fund.
LA 02-21, eff. Feb. 18, 2021.
§ 14-121. Special combination vehicles-Permits
A. No person shall operate a special combination vehicle within this state
without a special combination vehicle permit for the vehicle issued by the
Department of Public Safety. Such permit may be issued for operation upon
Federal Aid Interstate Highways or four-lane divided Federal Aid Primary
Highways and for access or egress between points of origin or destination.
B. The Commissioner of Public Safety shall promulgate rules for the issuance
of special combination vehicle permits and shall collect an annual fee of
Two Hundred Forty Dollars ($240.00) for each such permit issued. Except as
provided in Section 4 of this act, 1 fees collected pursuant to this section shall
be remitted to the State Treasurer to be credited to the General Revenue Fund
in the State Treasury.
C. For the purposes of this section, a special combination vehicle shall
consist of a truck-tractor semitrailer combination towing two complete trailers
or semitrailers. No semitrailer or trailer used in such a combination shall have
a length greater than twenty- nine (29) feet nor shall a special combination
vehicle exceed the weight limitations imposed by Sections 14-109 and 14-116
of this title.
LA 02-21, eff. Feb. 18, 2021.
§ 14-122. Reserved
§ 14-123. Roads and highways-Size, weight, and speed regulations
Any motor vehicle of any size, except those motor vehicles regulated pursuant
to Section 14-101 et seq. of Title 47 of the Oklahoma Statutes, meeting the legal
requirements for safety equipment and licensed to operate on public roadways
in this state shall be allowed to operate in accordance with all size, weight and
speed regulations on any road or highway in this state including the National
System for Interstate and Defense Highways.
LA 02-21, eff. Feb. 18, 2021.
§ 14-124. Commercial class A license-Hazardous material endorsement
exception
Any person driving under a commercial class A license shall not be required to
obtain a hazardous material endorsement pursuant to 49 C.F.R. Section 383 if
the person is:
1. Acting within the scope of the license holder’s employment as an
employee of a custom harvester operation; and
2. Operating a service vehicle that is:
a. transporting diesel in a quantity of three thousand seven hundred
and eight-five (3,785) liters, or one thousand (1,000) gallons or less,
and
b. clearly marked with a ‘‘flammable’’ or ‘‘combustible’’ placard, as
appropriate.
LA 02-21, eff. Feb. 18, 2021.
§ 14-125. Agricultural vehicles-Exempt from electronic logging devices
A. Agricultural motor vehicles engaged in intrastate commerce shall be
exempt from the requirement for electronic logging devices and hours of
services as mandated by Section 32301(b) of the U.S. Commercial Motor
Vehicle Safety Enhancement Act. 1
B. For the purposes of this section, agricultural vehicles shall include, but
are not limited to, single axel trucks with a gooseneck or bumper pull trailer for
the purpose of hauling horses or livestock, and trailers with living quarters.
LA 02-21, eff. Feb. 18, 2021.
§ 14-126. High-wide corridors
A. As used in this section:
1. ‘‘Affected area’’ means the entire width of the right-of-way of the route
extended to a height of twenty-three (23) feet above the roadway;
2. ‘‘High-wide load’’ means a motor vehicle transporting property on any
portion of a route where the vehicle exceeds the limitations on size
imposed by Section 14-103 of this title and no portion of the motor vehicle
or the transported property has a greater width than twenty-eight (28) feet
or a greater height than twenty-three (23) feet; and
3. ‘‘Political subdivision’’ means a city, village, town or county.
B. Any routes existing within the jurisdiction of the Cherokee Nation designated
as ‘‘high-wide corridors’’ under the laws of the State of Oklahoma shall
be similarly designated as such under the laws of the Cherokee Nation.
C. No person shall operate a high-wide load on the route described without
a permit from the Department of Public Safety.
D. Exclusive of incorporated municipal limits, no person may install any
structure within the affected area without a permit from the Department of
Transportation.
E. Upon the effective date of this section, and exclusive of incorporated
municipal limits, no person may do any of the following within the affected
area:
1. Install any permanent structure without the authorization of the Department
of Transportation; or
2. Take any action that would make any portion of the affected area
permanently unavailable for use by a high-wide load.
F. The Department of Transportation shall create additional design standards
for improvements to the Oklahoma high-wide routes to prevent interference
from permanent structures. These standards shall:
1. Maintain a minimum eighteen feet and zero inches (188-09) vertical
clearance above the road surface for all future overhead obstructions.
Where bridges cross over the Oklahoma high-wide routes, they shall be
designed, where possible, to allow for high-wide loads to quickly egress
and ingress around the bridge utilizing on- and off-ramps;
2. Require all future overhead signage to be of cantilever design, where
possible, to allow high-wide loads to shift lanes to prevent interference;
and
3. Require all future bridge design or construction on the Oklahoma highwide
routes to accommodate a three hundred fifteen thousand (315,000)
pound gross vehicle weight, single-lane design vehicle.
G. Political subdivisions in which any portion of the Oklahoma high-wide
route is located shall attempt to reach agreements among the affected parties
and with persons using the high-wide route for high-wide loads regarding the
allocation of costs and provision of services related to removing permanent
structures that interfere with the use of any portion of the affected area by highwide
loads.
H. Political subdivisions in which any portion of the Oklahoma high-wide
route is located shall attempt to reach agreements among the affected parties
and with persons using the high-wide route for high-wide loads to provide
timely vehicle escorts for persons using the high-wide route for high-wide
loads.
LA 02-21, eff. Feb. 18, 2021.
CHAPTER 15
RESPECTIVE POWERS OF STATE
AND LOCAL AUTHORITIES
Section
15-103. Rights of owners of real property
15-112. Physical disability insignia
15-112.1. Parking places-Authorized use
15-113. Penalties
§ 15-103. Rights of owners of real property
Nothing in this act shall be construed to prevent the owner of real property
used by the public for purposes of vehicular travel by permission of the owner,
and not as a matter of right, from prohibiting such use, or from requiring other
or different or additional conditions than those specified in this act, or otherwise
regulating such use as may seem best to such owner.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 15-112. Physical disability insignia
A. As used in this section:
1. ‘‘Physical disability’’ means an illness, disease, injury or condition by
reason of which a person:
a. Cannot walk two hundred (200) feet without stopping to rest, or
b. Cannot walk without the use of or assistance from a brace, cane,
crutch, another person, prosthetic device, wheelchair or other assistant
device, or
c. Is restricted to such an extent that the person’s forced (respiratory)
expiratory volume for one (1) second, when measured by spirometry, is
less than one (1) liter, or the arterial oxygen tension is less than sixty
(60) mm/hg on room air at rest, or
d. Must use portable oxygen, or
e. Has functional limitations which are classified in severity as Class
III or Class IV according to standards set by the American Heart
Association, or
f. Is severely limited in his or her ability to walk due to an arthritic,
neurological, or orthopedic condition.
2. ‘‘Physician’’ means any person holding a valid license to practice
medicine and surgery, osteopathy, or chiropractic, pursuant to the state
licensing provisions of Title 59 of the Oklahoma Statutes.
B. Cherokee Nation adopts the physical disability insignia and issued by
Department of Public Safety wherein it issues a detachable insignia indicating
physical disability to any person who submits an application on forms furnished
by the Department, together with a certificate signed by a physician stating that
the applicant has a physical disability. The certificate of the physician and the
detachable insignia shall each bear an expiration date reflecting the date
estimated by the physician to be the termination date of such physical disability
unless the physical disability is certified by the physician to be permanent.
C. The Department shall, upon request by a physician, provide said physician
temporary insignias indicating physical disability to be issued, at the
discretion of the physician, to any person who has a physical disability. The
temporary insignia shall bear an expiration date reflecting the date estimated
by the physician to be the termination date of such physical disability, which
shall not be later than six (6) months from the date of issuance.
D. A physician may sign a certificate stating that a person has a physical
disability, as provided in subsection (B) of this section, or issue to a person a
temporary insignia indicating physical disability, as provided in subsection (C)
of this section, only if care and treatment of the illness, disease, injury or
condition causing the physical disability of such person falls within the authorized
scope of practice of said physician.
E. Cherokee Nation shall have the power to formulate, adopt and promulgate
rules and regulations as may be necessary to implement and administer
the provisions of this section, including, but not limited to, prescribing the
manner in which the detachable insignia and the temporary insignia are to be
displayed on a motor vehicle.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 15-112.1. Parking places-Authorized use
No person shall be allowed to park in a handicapped parking place other than
the person to whom the insignia indicating physical disability is issued.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 15-113. Penalties
Any person who knowingly makes or procures the making of a false statement
in an application or certificate submitted pursuant to this act or any person
who knowingly makes unauthorized use of an insignia issued pursuant to this
act is guilty of a crime and upon conviction shall be punished by a fine of not
more than Five Hundred Dollars ($500.00). This penalty shall be stated on all
applications and certificates.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
CHAPTER 16
PARTIES AND PROCEDURE UPON ARREST
Section
16-101. Parties to a crime
16-102. Offenses by persons owning or controlling vehicles
16-103. Public officers and employees-Exceptions
16-104. Procedure upon arrest for felony
16-105. Reserved
16-106. Reserved
16-107. Reserved
16-108. Misdemeanor violations-Procedure
16-109. Reserved
16-109.1. Authority of officer at scene of accident
16-110-111. Reserved
16-112. Failure to obey notice to appear
16-113. Procedure prescribed herein not exclusive
16-114. Arrest of traffic violators without warrant
§ 16-101. Parties to a crime
A. Classification of parties. The parties to crimes are classified as:
1. Principals, and
2. Accessories.
B. Principals defined. All persons concerned in the commission of crime, and
whether they directly commit the act constituting the offense or aid and abet in
its commission, though not present, are principals.
C. Accessories defined. All persons who, after the commission of any crime,
conceal or aid the offender, with the knowledge that he has committed a crime,
and with intent that he may avoid or escape from arrest, trial, conviction, or
punishment, are accessories.
D. No accessories to misdemeanor. There are no accessories.
E. Punishment of accessories. Except in cases where a different punishment
is prescribed by law, an accessory to a felony is punishable by imprisonment for
a term not to exceed three (3) years, or by fine not exceeding Fifteen Thousand
Dollars ($15,000.00), or by both such fine and imprisonment.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 16-102. Offenses by persons owning or controlling vehicles
It is unlawful for the owner, or any other person, employing or otherwise
directing the driver of any vehicle to require or knowingly to permit the
operation of such vehicle upon a highway in any manner contrary to law.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 16-103. Public officers and employees-Exceptions
The provisions of Chapters 10, 11, 12, 13 and 14, applicable to drivers of
vehicles upon the highways, shall apply to the drivers of all vehicles owned or
operated by the United States, the State of Oklahoma or any county, city, town,
district or any other political subdivision of the state or of Cherokee Nation,
subject to such specific exceptions as are set forth in this act.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 16-104. Procedure upon arrest for felony
Whenever a person is arrested for any violation of this act declared herein to be
a felony, which if committed under the laws of Oklahoma would be a felony, he
or she shall be dealt with in like manner as upon arrest for the commission of
any other felony.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 16-105. Reserved
§ 16-106. Reserved
§ 16-107. Reserved
§ 16-108. Misdemeanor violations-Procedure
A. Whenever a person is halted by a peace officer or highway patrolman for
any violation of this title punishable misdemeanor, the officer shall proceed in
accordance with the Bail Bond Procedure Act, 22 CNCA § 1115 et seq.
B. If the person charged with the violation is a minor, then the citing peace
officer shall ascertain from the minor the name and address of his parents or
legal guardian, and said officer shall cause a copy of the ‘‘violation’’ to be
mailed to the address of the parents or legal guardian, within three (3) days
after the date of violation.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 16-109. Reserved
§ 16-109.1. Authority of officer at scene of accident
Except for crimes felonies which would be a felony if committed under the laws
of Oklahoma, a police officer at the scene of a traffic accident may issue a
written notice to appear to any driver of a vehicle involved in the accident
when, based upon personal investigation, the officer has reasonable and probable
grounds to believe that the person has committed any offense under the
provisions of this title in connection with the accident.
In such cases the officer shall be endorsed as a witness and shall appear if said
case is tried.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§§ 16-110-111. Reserved
§ 16-112. Failure to obey notice to appear
A. It shall be unlawful for any person to violate his written promise to
appear given to an officer upon the issuance of a notice to appear regardless of
the disposition of the charge for which such notice to appear was originally
issued.
B. A written promise to appear in court may be complied with by an
appearance by counsel.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 16-113. Procedure prescribed herein not exclusive
The foregoing provisions of this chapter shall govern all peace officers in
making arrests without a warrant for violations of any provisions of Chapters
10, 11, 12 or 14, but the procedure prescribed herein shall not otherwise be
exclusive of any other method prescribed by law for the arrest and prosecution
of a person for an offense of like grade.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 16-114. Arrest of traffic violators without warrant
A peace officer may, without a warrant, arrest a person for any moving traffic
violation of which the arresting officer or another police officer in communication
with the arresting officer has sensory or electronic perception including
perception by radio, radar and reliable speed-measuring devices.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
CHAPTER 17
PENALTIES
Section
17-101. Misdemeanor violations-Penalties
17-102. Felony violations-Penalties
§ 17-101. Misdemeanor violations-Penalties
A. It is a misdemeanor for any person to violate any of the provisions of this
title unless such violation is by this title or other law of this Nation declared to
be a felony.
B. 1. Every person convicted of a misdemeanor, a violation of any of the
provisions of 47 CNCA §§ 10-101 through 14-121 or 16-101 through 16-114
for which another penalty is not provided shall for a first upon conviction
thereof be punished by a fine of not less than Ten Dollars ($10.00) nor more
than One Hundred Dollars ($100.00) or by imprisonment for not more than ten
(10) days; for a second such conviction within one (1) year after the first
conviction thereafter such person shall be punished by a fine of not less than
Twenty Dollars ($20.00) nor more than Two Hundred Dollars ($200.00) or by
imprisonment for not more than twenty (20) days or by both such fine and
imprisonment; upon a third or subsequent conviction within one (1) year after
the first conviction such person shall be punished by a fine or not more than
Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6)
months or by both such fine and imprisonment.
2. Any person violating the provisions of 47 CNCA §§ 10-101 through
14-121 or 16-101 through 16-114, where a jail sentence is not mandatory
may, in the discretion of the prosecuting attorney wherein the offense
occurred, be permitted to enter a plea of guilty by written statement by the
person charged to be presented to the Court wherein the case is filed. A
remittance covering the fine and costs may be considered and received
with the same force and effect as a written plea of guilty.
C. Unless another penalty is in this title or by the laws of this Nation
provided, every person convicted of a crime, which under the laws of Oklahoma
would be a misdemeanor, for the violation of any other provision of this
title shall be punished by a fine of not more than Five Hundred Dollars
($500.00), or by imprisonment for not more than six (6) months, or by both
such fine and imprisonment.
D. Provided, however, notwithstanding any provision of law to the contrary,
any offense, including traffic offenses, in violation of any of the provisions of
this title which is not otherwise punishable by a term of imprisonment or
confinement shall be punishable by a term of imprisonment not to exceed one
day in the discretion of the Court, in addition to any fine prescribed by law.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 17-102. Felony violations-Penalties
A. Any person who is convicted of a violation of any of the provisions of this
Title declared by the Code or by other laws of this nation to constitute a felony
except those offenses specified in subsection A of Section 4-102 of this title
relating to unauthorized use of a vehicle and subsection A of Section 4-103 of
this title, relating to receiving or disposing of a vehicle, shall be guilty of a
felony and shall be punished by imprisonment for not more than three (3)
years, or by a fine of not more than Five Thousand Dollars ($5,000.00), or by
both such fine and imprisonment.
B. The conviction of any person, as prescribed in this section, when the
offense occurred during a period when the driving privileges of the person were
under suspension, revocation, cancellation, denial, or disqualification or the
person had not been granted driving privileges by Oklahoma or any other state,
shall result in the doubling of the appropriate fine, as provided for in subsection
A of this section, and the doubling of all court costs and all fees collected by the
court on behalf of any other entity, unless waived by the court.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
CHAPTER 18
RECORDS AND REPORTS OF CONVICTIONS
Section
18-101. Record of traffic cases-Report of convictions to department
§ 18-101. Record of traffic cases-Report of convictions to department
A. Every Magistrate or Judge of a Court shall keep or cause to be kept a
record of every traffic complaint, traffic citation or other legal form of traffic
charge deposited with or presented to said Court or its traffic-violations bureau,
and shall keep a record of every official action by said Court or its trafficviolations
bureau in reference thereto, including but not limited to a record of
every conviction, forfeiture of bail, judgment of acquittal and the amount of fine
or forfeiture resulting from every said traffic complaint or citation or other
legal form of traffic charge deposited with or presented to said Court or trafficviolations
bureau.
B. Within five (5) days after:
1. the conviction of any person holding a Class D driver license; or
2. The conviction, as defined in subsection A of Section 6-205.2 of this
title, of any person holding a Class A, B or C driver license; or
3. forfeiture of bail of a person;
upon a charge of violating any provision of this act or other law regulating
the operation of vehicles on highways every said Magistrate of the Court or
Clerk of the Court of record, in which such conviction was had or bail was
forfeited shall prepare and immediately forward to the Department an abstract
of the record of said Court covering the case in which said person was so
convicted or forfeited bail, which abstract must be certified by the person so
required to prepare the same to be true and correct.
C. A report need not be made of any conviction:
1. involving the illegal parking or standing of a vehicle;
2. Rendered by a nonlawyer judge, unless, within a period not to exceed
the preceding reporting period for Mandatory Continuing Legal Education,
the judge has completed courses held for municipal judges which have
been approved by the Oklahoma Bar Association Mandatory Legal Education
Commission for at least six (6) hours of continuing judicial education
credit, and the Department of Public Safety receives verification of
such attendance, from the judge. In the case of attendance of a continuing
judicial education course, verification may be made by a statement of
attendance signed by the course registration personnel; or The Court shall
not make such a report of a conviction involving speeding if the speed limit
is not exceeded by more than ten (10) miles per hour.
C. 1Said abstract must be made upon a form furnished by the Department
and shall include the name and address of the party charged, the number, if
any, of his operator’s or chauffeur’s license, the registration number of the
vehicle involved, the nature of the offense, the date of hearing, the plea, the
judgment, or whether bail forfeited and the amount of the fine or forfeiture as
the case may be.
D. Every court of record shall also forward a like report to the Department
upon the conviction of any person of manslaughter or other felony in the
commission of which a vehicle was used.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
1 So in original.
CHAPTER 40
Section
40-101. Accident report forms
§ 40-101. Accident report forms
The Nation shall adopt the standard forms prescribed by the Department for
accident reports for use by all police departments and all other appropriate
agencies. The accident reports, as adopted, shall call for sufficiently detailed
information to disclose the cause, the conditions then existing, the persons and
vehicles involved and such other information as prescribed by the Commissioner.
LA 02-21, eff. Feb. 18, 2021.
MISCELLANEOUS LAWS
CHAPTER 67
CHEMICAL TESTS
Section
751. Implied consent to breath test, blood test or other test for determining presence
or concentration of alcohol or other intoxicating substance
752. Administration of tests-Authorization-Liability-Laboratories-Independent
analysis-Costs
753. Refusal to submit to test
754. Seizure of license-Temporary driving privileges-Administrative revocation
754.1. Modification of revocation or denial if no other adequate means of transportation
exists-Ignition interlock device-Rules
754.2. District court order to modify a revocation or denial
756. Admission of evidence shown by tests
757. Other competent evidence-Admissibility
761. Operation of motor vehicle while impaired-Penalties-Suspensions-Violation
not bondable
§ 751. Implied consent to breath test, blood test or other test for determining
presence or concentration of alcohol or other intoxicating
substance
A. 1. Any person who operates a motor vehicle upon the public roads,
highways, streets, turnpikes or other public place or upon any private road,
street, alley or lane which provides access to one or more single or multi-family
dwellings within this state shall be deemed to have given consent to a test or
tests of such person’s blood or breath, for the purpose of determining the
alcohol concentration as defined in Section 756 of this title, and such person’s
blood, saliva or urine for determining the presence or concentration of any
other intoxicating substance therein as defined in this section, if arrested for
any offense arising out of acts alleged to have been committed while the person
was operating or in actual physical control of a motor vehicle upon the public
roads, highways, streets, turnpikes or other public place or upon any private
road, street, alley or lane which provides access to one or more single or multifamily
dwellings while under the influence of alcohol or other intoxicating
substance, or the combined influence of alcohol and any other intoxicating
substance, or if the person is involved in a traffic accident that resulted in the
immediate death or serious injury of any person and is removed from the scene
of the accident to a hospital or other health care facility outside the State of
Oklahoma before a law enforcement officer can effect an arrest.
2. A law enforcement officer, having reasonable grounds to believe that
such person was operating or in actual physical control of a motor vehicle
while under the influence may direct the administration of or administer
the test or tests.
As used in this title, the term ‘‘other intoxicating substance’’ shall mean any
controlled dangerous substance as defined in the Uniform Controlled
Dangerous Substances Act1 and 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 functions.
B. The law enforcement agency by which the arresting officer is employed
may designate, in accordance with the rules of the Board of Tests for Alcohol
and Drug Influence, hereinafter referred to as the Board, whether blood or
breath is to be tested for the alcohol concentration thereof, and whether blood,
saliva or urine is to be tested for the presence or concentration of any other
intoxicating substance therein.
In the event that law enforcement agency does not designate the test to be
administered, breath shall be the substance tested for alcohol concentration.
Blood may also be tested to determine the alcohol concentration thereof in the
event that breath cannot be tested to determine the alcohol concentration
thereof because of the lack of an approved device or qualified person to
administer a breath test or because such breath test for any other reason cannot
be administered in accordance with the rules of the Board.
In the event the law enforcement agency does not designate the test to be
administered, blood, saliva or urine shall be the substance tested for the
presence or concentration of any other intoxicating substance or the combination
of alcohol and any other intoxicating substance.
C. In the event the person is incapable of submitting to and successfully
completing, by reason of illness or injury or other physical disability, the test to
be administered, an alternate test may be administered in accordance with the
rules of the Board.
D. Any person who is unconscious or otherwise incapable of refusing to
submit to a test of such person’s blood or breath to determine the alcohol
concentration thereof, or to a test of such person’s blood, saliva or urine to
determine the presence or concentration of any other intoxicating substance
therein, shall be deemed not to have withdrawn the consent provided by
subsection A of this section, and such test may be administered as provided
herein.
An unconscious person who has been issued a citation by a law enforcement
officer for one of the offenses listed in subsection A of this section is arrested for
purposes of this section. The arresting officer must leave a copy of the citation
with the arrested person which may be accomplished by handing it to the
arrested person, or by leaving it with the personal effects of the arrested party,
so as to inform the unconscious person of the arrest.
Any person who has been arrested for one of the offenses listed in subsection A
of this section who is unconscious or injured and who requires immediate
medical treatment as determined by a treating physician may be released on
the person’s own recognizance for medical reasons by the arresting officer.
The arresting officer who releases an arrested person on the person’s own
recognizance must indicate the release on the face of the citation. Any person
released on his or her own recognizance for medical reasons shall remain at
liberty pending the filing of charges.
E. In addition to any test designated by the arresting officer, the arrested
person may also designate any additional test to be administered to determine
the concentration of alcohol, or the presence or concentration of any other
intoxicating substance or the combination of alcohol and any other intoxicating
substance. The cost of such additional test shall be at the expense of the
arrested person.
A sufficient quantity of any specimen obtained at the designation of the arrested
person shall be available to the law enforcement agency employing the arresting
officer. Such specimens shall be treated in accordance with the rules
applicable to the specimens obtained by an arresting officer.
F. When a law enforcement officer has determined that the blood alcohol
content of an individual is to be tested for the presence or concentration of
alcohol, other intoxicating substance, or the combination of alcohol and any
other intoxicating substance, the law enforcement officer shall inform the
individual to be tested that the withdrawal of blood shall only be performed by
certain medical personnel as provided for in Section 752 of this title.
G. The results of the tests provided for in this title shall be admissible in all
civil actions, including administrative hearings regarding driving privileges.
LA 02-21, eff. Feb. 18, 2021; LA 21-21, eff. May 20, 2021.
§ 752. Administration of tests-Authorization-Liability-Laboratories-Independent
analysis-Costs
A. Only a licensed medical doctor, licensed osteopathic physician, licensed
chiropractic physician, registered nurse, licensed practical nurse, physician’s
assistant, certified by the State Board of Medical Licensure and Supervision, an
employee of a hospital or other health care facility authorized by the hospital or
health care facility to withdraw blood, or other qualified person authorized by
the Board of Tests for Alcohol and Drug Influence acting at the request of a law
enforcement officer may withdraw blood for the purpose of having a determination
made of its concentration of alcohol or the presence or concentration of
other intoxicating substance. Only qualified persons authorized by the Board
may collect breath, saliva or urine, or administer tests of breath under the
provisions of this title.
B. If the person authorized to withdraw blood as specified in subsection A of
this section is presented with a written statement:
1. Authorizing blood withdrawal signed by the person whose blood is to
be withdrawn;
2. Signed by a duly authorized peace officer that the person whose blood
is to be withdrawn has agreed to the withdrawal of blood;
3. Signed by a duly authorized peace officer that the person whose blood
is to be withdrawn has been placed under arrest and that the officer has
probable cause to believe that the person, while intoxicated, has operated a
motor vehicle in such manner as to have caused the death or serious
physical injury of another person, or the person has been involved in a
traffic accident and has been removed from the scene of the accident that
resulted in the death or great bodily injury, as defined in subsection B of 21
CNCA § 646, of any person to a hospital or other health care facility
outside the State of Oklahoma before the law enforcement officer was able
to effect an arrest for such offense; or
4. In the form of an order from a district court that blood be withdrawn,
the person authorized to withdraw the blood and the hospital or other
health care facility where the withdrawal occurs may rely on such a
statement or order as evidence that the person has consented to or has
been required to submit to the clinical procedure and shall not require the
person to sign any additional consent or waiver form. In such a case, the
person authorized to perform the procedure, the employer of such person,
and the hospital or other health care facility shall not be liable in any
action alleging lack of consent or lack of informed consent.
C. No person specified in subsection A of this section, no employer of such
person, and no hospital or other health care facility where blood is withdrawn
shall incur any civil or criminal liability as a result of the proper withdrawal of
blood when acting at the request of a law enforcement officer by the provisions
of Section 751 or 753 of this title, or when acting in reliance upon a signed
statement or court order as provided in this section, if the act is performed in a
reasonable manner according to generally accepted clinical practice. No
person specified in subsection A of this section shall incur any civil or criminal
liability as a result of the proper collection of breath, saliva or urine when
acting at the request of a law enforcement officer under the provisions of
Section 751 or 753 of this title or when acting pursuant to a court order.
D. The blood, breath, saliva or urine specimens obtained shall be tested by the
appropriate test as determined by the Board, or tested by a laboratory that is
exempt from the Board rules pursuant to 47 O.S. § 759, to determine the
alcohol concentration thereof, or the presence or concentration of any other
intoxicating substance which might have affected the ability of the person
tested to operate a motor vehicle safely.
E. When blood is withdrawn or saliva or urine is collected for testing of its
alcohol concentration or other intoxicating substance presence or concentration,
at the request of a law enforcement officer, a sufficient quantity of the
same specimen shall be obtained to enable the tested person, at his or her own
option and expense, to have an independent analysis made of such specimen.
The excess blood, saliva or urine specimen shall be retained by a laboratory
approved by the Board, in accordance with the rules and regulations of the
Board, or by a laboratory that is exempt from the Board rules pursuant to 47
O.S. § 759, for sixty (60) days from the date of collection. At any time within
that period, the tested person or his or her attorney may direct that such blood,
saliva or urine specimen be sent or delivered to a laboratory of his or her own
choosing and approved by the Board for an independent analysis. Neither the
tested person, nor any agent of such person, shall have access to the additional
blood, saliva or urine specimen prior to the completion of the independent
analysis, except the analyst performing the independent analysis and agents of
the analyst.
F. When a test of breath is performed for the purpose of determining the
alcohol concentration thereof, except when such test is performed by means of
an automated analyzer as designated by the Board, a sufficient quantity of
breath, or of the alcohol content of a fixed or measured quantity of breath, shall
be obtained, in accordance with the rules and regulations of the Board, to
enable the tested person, at his or her own option and expense, to have an
independent analysis thereof, except the analyst performing the independent
analysis and agents of the analyst.
G. The costs of collecting blood, breath, saliva or urine specimens for the
purpose of determining the alcohol or other intoxicating substance thereof, by
or at the direction of a law enforcement officer, shall be borne by the law
enforcement agency employing such officer; provided, if the person is convicted
for any offense involving the operation of a motor vehicle while under the
influence of or while impaired by alcohol or an intoxicating substance, or both,
as a direct result of the incident which caused the collection of blood, saliva or
urine specimens, an amount equal to the costs shall become a part of the court
costs of the person and shall be collected by the court and remitted to the law
enforcement agency bearing the costs. The cost of collecting, retaining and
sending or delivering to an independent laboratory the excess specimens of
blood, breath, saliva or urine for independent analysis at the option of the
tested person shall also be borne by such law enforcement agency. The cost of
the independent analysis of such specimen of blood, breath, saliva or urine
shall be borne by the tested person at whose option such analysis is performed.
The tested person, or his or her agent, shall make all necessary arrangements
for the performance of such independent analysis other than the forwarding or
delivery of such specimen.
H. Tests of blood or breath for the purpose of determining the alcohol
concentration thereof, and tests of blood, saliva or urine for the purpose of
determining the presence or concentration of any other intoxicating substance
therein, under the provisions of this title, whether administered by or at the
direction of a law enforcement officer or administered independently, at the
option of the tested person, on the excess specimen of such person’s blood,
breath, saliva or urine, to be considered valid and admissible in evidence under
the provisions of this title, shall have been administered or performed in
accordance with the rules and regulations of the Board, or performed by a
laboratory that is exempt from the Board rules pursuant to 47 O.S. § 759.
I. Any person who has been arrested for any offense arising out of acts alleged
to have been committed while the person was operating or in actual physical
control of a motor vehicle while under the influence of alcohol, any other
intoxicating substance or the combined influence of alcohol and any other
intoxicating substance who is not requested by a law enforcement officer to
submit to a test shall be entitled to have an independent test of his or her blood,
breath, saliva or urine which is appropriate as determined by the Board for the
purpose of determining its alcohol concentration or the presence or concentration
of any other intoxicating substance therein, performed by a person of his
or her own choosing who is qualified as stipulated in this section. The arrested
person shall bear the responsibility for making all necessary arrangements for
the administration of such independent test and for the independent analysis of
any specimens obtained, and bear all costs thereof. The failure or inability of
the arrested person to obtain an independent test shall not preclude the
admission of other competent evidence bearing upon the question of whether
such person was under the influence of alcohol, or any other intoxicating
substance or the combined influence of alcohol and any other intoxicating
substance.
J. Any agency or laboratory certified by the Board or any agency or laboratory
that is exempt from the Board rules pursuant to 47 O.S. § 759, which analyses
breath, blood, or urine shall make available a written report of the results of the
test administered by or at the direction of the law enforcement officer to:
1. The tested person, or his or her attorney;
2. The Commissioner of Public Safety; and
3. The Fatality Analysis Reporting System (FARS) analyst of the state,
upon request.
The results of the tests provided for in this title shall be admissible in all civil
actions, including administrative hearings regarding driving privileges.
LA 10-13, eff. April 13, 2013; LA 02-21, eff. Feb. 18, 2021; LA 21-21, eff. May 20, 2021.
§ 753. Refusal to submit to test
A. If a conscious person under arrest refuses to submit to testing of his or her
blood or breath for the purpose of determining the alcohol concentration
thereof, or to a test of his or her blood, saliva or urine for the purpose of
determining the presence or concentration of any other intoxicating substance,
or the combined influence of alcohol and any other intoxicating substance,
none shall be given except upon the issuance of a search warrant or unless the
investigating officer has probable cause to believe that the person under arrest,
while intoxicated, has operated the motor vehicle in such a manner as to have
caused the death or serious physical injury of any other person or persons. In
such event, such test otherwise authorized by law may be made in the same
manner as if a search warrant had been issued for such test or tests. The
sample shall be taken in a medically acceptable manner as authorized by
Section 752 of this title. The Commissioner of Public Safety, upon the receipt
of a sworn report of the law enforcement officer that the officer had reasonable
grounds to believe the arrested person had been driving or was in actual
physical control of a motor vehicle upon the public roads, highways, streets,
turnpikes or other public place of this state while under the influence of
alcohol, any other intoxicating substance, or the combined influence of alcohol
and any other intoxicating substance, or that the person had refused to submit
to the test or tests, shall revoke the license to drive and any nonresident
operating privilege for a period provided by 47 O.S. § 6-205.1. If the person is
a resident or nonresident without a license or permit to operate a motor vehicle
in this state, the Commissioner of Public Safety shall deny to the person the
issuance of a license or permit for a period provided by 47 O.S. § 6-205.1
subject to a review as provided in 47 O.S. § 754. The revocation or denial
shall become effective thirty (30) days after the arrested person is given written
notice thereof by the officer or by the Department of Public Safety as provided
in 47 O.S. § 754.
B. The Department shall immediately reinstate the driving privilege of the
person if:
1. The arrested person was required to submit to the testing of his or her
blood or breath pursuant to the provisions of a search warrant despite his
or her refusal to submit to testing; and
2. The Department receives a written blood or breath test report that
reflects the arrested person did not have any measurable quantity of
alcohol, or any other intoxicating substance, or the combination of alcohol
and any other intoxicating substance in the blood or breath of the arrested
person.
LA 21-21, eff. May 20, 2021.
§ 754. Seizure of license-Temporary driving privileges-Administrative
revocation
A. Any arrested person who is under twenty-one (21) years of age and has any
measurable quantity of alcohol in the person’s blood or breath, or any person
twenty-one (21) years of age or older whose alcohol concentration is eighthundredths
(0.08) or more as shown by a breath test administered according to
the provisions of this title, or any arrested person who has refused to submit to
a breath or blood test, shall immediately surrender his or her driver license,
permit or other evidence of driving privilege to the arresting law enforcement
officer. The officer shall seize any driver license, permit, or other evidence of
driving privilege surrendered by or found on the arrested person during a
search.
B. If the evidence of driving privilege surrendered to or seized by the officer
has not expired and otherwise appears valid, the officer shall issue to the
arrested person a dated receipt for that driver license, permit, or other evidence
of driving privilege on a form prescribed by the Department of Public Safety.
This receipt shall be recognized as a driver license and shall authorize the
arrested person to operate a motor vehicle for a period not to exceed thirty (30)
days. The receipt form shall contain and constitute a notice of revocation of
driving privilege by the Department effective in thirty (30) days. The evidence
of driving privilege and a copy of the receipt form issued to the arrested person
shall be attached to the sworn report of the officer and shall be submitted by
mail or in person to the Department within seventy-two (72) hours of the
issuance of the receipt. The failure of the officer to timely file this report shall
not affect the authority of the Department to revoke the driving privilege of the
arrested person.
C. Upon receipt of a written blood or breath test report reflecting that the
arrested person, if under twenty-one (21) years of age, had any measurable
quantity of alcohol in the blood or breath of the person, or, if the arrested
person is twenty-one (21) years of age or older, a blood or breath alcohol
concentration of eight-hundredths (0.08) or more, accompanied by a sworn
report from a law enforcement officer that the officer had reasonable grounds
to believe the arrested person had been operating or was in actual physical
control of a motor vehicle while under the influence of alcohol as prohibited by
law, the Department shall revoke or deny the driving privilege of the arrested
person for a period as provided by 47 O.S. § 6-205.1 of this title, unless the
person has successfully completed or is currently participating in the Impaired
Driver Accountability Program. Revocation or denial of the driving privilege of
the arrested person shall become effective thirty (30) days after the arrested
person is given written notice thereof by the officer as provided in this section
or by the Department as provided in 47 O.S. § 2-116.
D. The appeal hearing before the district court shall be conducted in accordance
with Section 6-211 of this title. The hearing shall cover the issues of
whether the officer had reasonable grounds to believe the person had been
operating or was in actual physical control of a vehicle upon the public roads,
highways, streets, turnpikes or other public place of this state while under the
influence of alcohol, any other intoxicating substance or the combined influence
of alcohol and any other intoxicating substance as prohibited by law, and
whether the person was placed under arrest.
1. If the revocation or denial is based upon a breath or blood test result
and a sworn report from a law enforcement officer, the scope of the
hearing shall also cover the issues as to whether:
a. if timely requested by the person, the person was not denied a
breath or blood test,
b. the specimen was obtained from the person within two (2) hours of
the arrest of the person,
c. the person, if under twenty-one (21) years of age, was advised that
driving privileges would be revoked or denied if the test result reflected
the presence of any measurable quantity of alcohol,
d. the person, if twenty-one (21) years of age or older, was advised
that driving privileges would be revoked or denied if the test result
reflected an alcohol concentration of eight-hundredths (0.08) or more,
and
e. the test result in fact reflects the alcohol concentration.
2. If the revocation or denial is based upon the refusal of the person to
submit to a breath or blood test, reflected in a sworn report by a law
enforcement officer, the scope of the hearing shall also include whether:
a. the person refused to submit to the test or tests, and
b. the person was informed that driving privileges would be revoked
or denied if the person refused to submit to the test or tests.
E. After the hearing, the district court shall order the revocation or denial
either rescinded or sustained.
LA 21-21, eff. May 20, 2021.
§ 754.1. Modification of revocation or denial if no other adequate means of
transportation exists-Ignition interlock device-Rules
A. Modification of a revocation or denial arising under the provisions 47 O.S.
§ 6-205.1 or under the provisions of 47 O.S. §§ 751 through 754 or 761 shall
apply to Class D driver licenses only.
B. As a prerequisite and condition of any modification, the person shall be
required to have installed an ignition interlock device approved by the Board of
Tests for Alcohol and Drug Influence, at the person’s own expense, upon any
motor vehicle operated by the person. The Department shall require, as a
condition of modification, the device to be installed upon any vehicle owned or
leased, as reflected on the vehicle registration, by an employer of the person for
use by the employer, except when the employer requests the ignition interlock
device not be installed. The request shall be in writing and notarized on the
official letterhead of the employer and provided by the person to the Department;
provided, a request shall not be accepted by the Department under the
following circumstances:
1. When the person is self-employed or owns part or all of the company
or corporation, or exercises control over some part of the business which
owns or leases the vehicle;
2. When the person is employed by a relative who either is within the first
degree of consanguinity or who resides in the same household; or
3. When the person has had a prior revocation pursuant to paragraph 2 of
subsection A of 47 O.S. § 6-205 or to 47 O.S. §§ 753 or 754.
The person shall comply with all provisions of law and rule regarding ignition
interlock devices.
C. The Board of Tests for Alcohol and Drug Influence may promulgate such
rules as are necessary to implement and administer the provisions of this
subsection relating to ignition interlock devices and the providers of such
devices.
LA 21-21, eff. May 20, 2021.
§ 754.2. District court order to modify a revocation or denial
The district court shall modify, upon request, the revocation or denial occurring
pursuant to 47 O.S. §§ 753 or 754. The district court shall enter a written
order directing the Department of Public Safety to allow driving, subject to the
limitations of 47 O.S. § 6-205.1 and the requirement of an ignition interlock
device as provided in 47 O.S. § 754.1; provided, any modification under this
paragraph shall apply to Class D driver licenses only.
LA 21-21, eff. May 20, 2021.
§ 756. Admission of evidence shown by tests
A. Upon the trial of any criminal action or proceeding arising out of acts
alleged to have been committed by any person while driving or in actual
physical control of a motor vehicle while under the influence of alcohol or any
other intoxicating substance, or the combined influence of alcohol and any
other intoxicating substance, evidence of the alcohol concentration in the blood
or breath of the person as shown by analysis of the blood or breath of the
person performed in accordance with the provisions of Section 752 of this title
and 47 O.S. § 759 or evidence of the presence or concentration of any other
intoxicating substance as shown by analysis of such person’s blood, breath,
saliva, or urine specimens in accordance with the provisions of Section 752 of
this title and 47 O.S. § 759 is admissible. Evidence that the person has refused
to submit to a test or tests is also admissible. For the purpose of this title,
when the person is under the age of twenty-one (21) years, evidence that there
was, at the time of the test, any measurable quantity of alcohol is prima facie
evidence that the person is under the influence of alcohol in violation of 47 O.S.
§ 11-906.4. For persons twenty-one years of age or older:
1. Evidence that there was, at the time of the test, an alcohol concentration
of five-hundredths (0.05) or less is prima facie evidence that the person
was not under the influence of alcohol;
2. Evidence that there was, at the time of the test, an alcohol concentration
in excess of five-hundredths (0.05) but less than eight-hundredths
(0.08) is relevant evidence that the person’s ability to operate a motor
vehicle was impaired by alcohol. However, no person shall be convicted of
the offense of operating or being in actual physical control of a motor
vehicle while such person’s ability to operate such vehicle was impaired by
alcohol solely because there was, at the time of the test, an alcohol
concentration in excess of five-hundredths (0.05) but less than eighthundredths
(0.08) in the blood or breath of the person in the absence of
additional evidence that such person’s ability to operate such vehicle was
affected by alcohol to the extent that the public health and safety was
threatened or that the person had violated a state statute or local ordinance
in the operation of a motor vehicle; and
3. Evidence that there was, at the time of the test, an alcohol concentration
of eight-hundredths (0.08) or more shall be admitted as prima facie
evidence that the person was under the influence of alcohol.
B. For purposes of this title, ‘‘alcohol concentration’’ means grams of alcohol
per one hundred (100) milliliters of blood if the blood was tested, or grams of
alcohol per two hundred ten (210) liters of breath if the breath was tested.
C. To be admissible in a proceeding, the evidence must first be qualified by
establishing that the test was administered to the person within two (2) hours
after the arrest of the person.
LA 10-13, eff. April 13, 2013; LA 02-21, eff. Feb. 18, 2021; LA 21-21, eff. May 20, 2021.
§ 757. Other competent evidence-Admissibility
The provisions of this title do not limit the introduction of any other competent
evidence bearing on the question of whether the person was under the influence
of alcohol or any other intoxicating substance, or the combined influence
of alcohol and any other intoxicating substance.
LA 21-21, eff. May 20, 2021.
§ 761. Operation of motor vehicle while impaired-Penalties-Suspensions-
Violation not bondable
A. Any person who operates a motor vehicle while his ability to operate such
motor vehicle is impaired by the consumption of alcohol, 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 functions
shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor
more than Five Hundred Dollars ($500.00), or a term of imprisonment for not
more than six (6) months, or by both such fine and imprisonment.
B. Upon the receipt of any person’s record of conviction of driving while
impaired, when such conviction has become final, the Department of Public
Safety shall suspend the driving privilege of such person, as follows:
1. The first suspension shall be for thirty (30) days;
2. The second suspension shall be for a period of six (6) months, which
may be modified; provided, any modification under this paragraph shall
apply to Class D motor vehicles only; and
3. The third or subsequent suspension shall be for twelve (12) months,
which may be modified; provided, any modification under this paragraph
shall apply to Class D motor vehicles only.
Provided, however, the Department shall not suspend such privilege pursuant
to this subsection if said person’s driving privilege has been revoked based
upon a test result or test refusal pursuant to Section 753 or Section 754 of this
title arising from the same circumstances which resulted in the conviction.
LA 02-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021; LA 21-21, eff. May 20,
2021.
CHAPTER 74
UNIFORM CERTIFICATE OF TITLE ACT
Section
1111.1. Short title
1111.2. Applicability of supplemental principles of law
1111.3. Definitions
1111.4. Law governing vehicles covered by certificate of title or certificate of origin
1111.5. Exclusions
1111.6. Vehicle identification number, make and model year
1111.7. Execution of certificate of origin
1111.8. Cancellation of electronic certificate
1111.9. Application for certificate of title
1111.10. Creation of an cancellation of certificate of title
1111.11. Contents of certificate of title
1111.12. Certificate of title and certificate of origin not subject to judicial process
1111.13. Other information
1111.14. Maintenance of files
1111.15. Delivery of certificate of title
1111.16. Transfer
1111.17. Notice of transfer without application
1111.18. Power to transfer
1111.19. Other transferees of vehicle covered by certificate of title
1111.20. Effect of incorrect information or omission
1111.21. Transfer of ownership by operation of law
1111.22. Application for transfer of ownership or termination of security interest
statement without certificate of title or certificate of origin
1111.23. Replacement certificates of title
1111.24. Effectiveness of security interest statement
1111.25. Perfection of security interest
1111.26. Termination statement
1111.27. Uniform security interest statement
1111.28. Duties and operation of filing office
1111.29. Title brand
1111.30. Uniformity of application and construction
§ 1111.1. Short title
This act may be cited as the ‘‘Cherokee Nation Uniform Certificate of Title Act
of 2004.’’
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.2. Applicability of supplemental principles of law
Unless displaced by the particular provisions of this act, the principles of law
and equity supplement its provisions.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.3. Definitions
A. In this act:
1. ‘‘Buyer’’ means a person that buys or contracts to buy an ownership
interest in a vehicle.
2. ‘‘Buyer in ordinary course of business’’ means a person that buys a
vehicle in good faith, without knowledge that the sale violates the rights of
another person in the vehicle, and in ordinary course from a person, other
than a pawnbroker, in the business of selling vehicles of that kind. A
person buys a vehicle in ordinary course if the sale comports with the usual
or customary practices in the kind of business in which the seller is
engaged or with the seller’s own usual or customary practices. A buyer in
ordinary course of business may buy for cash, by exchange of other
property, or on secured or unsecured credit, and may acquire a vehicle
under a pre-existing contract for sale. Only a buyer that takes possession
of the vehicle or has a right to recover the vehicle from the seller under
Uniform Commercial Code Article 2 may be a buyer in ordinary course of
business. The term does not include a person that acquires a vehicle in a
transfer in bulk or as security for or in total or partial satisfaction of a
money debt. A buyer in ordinary course of business does not lose that
status solely because the certificate of title was not executed to the buyer.
3. ‘‘Cancel,’’ with respect to a certificate of title or a certificate of origin,
means to make the certificate ineffective.
4. ‘‘Certificate of origin’’ means a record, created or authorized by a
manufacturer or importer as the manufacturer’s or importer’s proof of
identity of a vehicle.
5. ‘‘Certificate of title’’ means the record, created or authorized by the
CNTC, that is evidence of ownership of a vehicle and designated a certificate
of title by the CNTC.
6. ‘‘Create,’’ with respect to a certificate of title, means to bring the
certificate of title into existence by making or authorizing the record that
constitutes the certificate of title.
7. ‘‘Deliver’’ means to voluntarily give possession of a record to the
recipient or to transmit it, by any reasonable means, properly addressed to
the recipient and with the cost of delivery provided.
8. ‘‘Electronic’’ means relating to technology having electrical, digital,
magnetic, wireless, optical, electromagnetic, or similar capabilities.
9. ‘‘Electronic certificate of origin’’ means a certificate of origin consisting
of information that is stored solely in an electronic medium and
retrievable in perceivable form.
10. ‘‘Electronic certificate of title’’ means a certificate of title consisting
of information that is stored solely in an electronic medium and retrievable
in perceivable form.
11. ‘‘Execute’’ means to sign and deliver a record on, attached to, accompanying,
or logically associated with a certificate of title or certificate of
origin for the purpose of transferring ownership of the vehicle covered by
the certificate.
12. ‘‘Importer’’ means a person authorized by a manufacturer to bring
into and distribute in the United States new vehicles manufactured outside
the United States.
13. ‘‘Jurisdiction’’ means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, a federally-
recognized Indian tribe, or any territory or insular possession subject to the
jurisdiction of the United States.
14. ‘‘Lessee in ordinary course of business’’ means a person that leases a
vehicle in good faith, without knowledge that the lease violates the rights of
another person, and in ordinary course of business from a person, other
than a pawnbroker, in the business of selling or leasing vehicles of that
kind. A person leases in ordinary course if the lease to the person
comports with the usual or customary practices in the kind of business in
which the lessor is engaged or with the lessor’s own usual and customary
practices. A lessee in ordinary course of business may lease for cash, by
exchange of other property, or on secured or unsecured credit, and may
acquire a vehicle or certificate of title covering a vehicle under a preexisting
lease contract. Only a lessee that takes possession of the vehicle or has
a right to recover the vehicle from the lessor under Uniform Commercial
Code Article 2A may be a lessee in ordinary course of business. A person
that acquires a vehicle in bulk or as security for or in total or partial
satisfaction of a money debt is not a lessee in ordinary course of business.
15. ‘‘Lien creditor’’ means:
a. a creditor that has acquired a lien on the property involved by
attachment, levy, or the like;
b. an assignee for the benefit of creditors from the time of assignment;
c. a trustee in bankruptcy from the date of the filing of the petition;
or
d. a receiver in equity from the time of appointment.
16. ‘‘Manufacturer’’ means a person that manufactures, fabricates, assembles,
or completes new vehicles.
17. ‘‘Office’’ means Cherokee Nation Tax Commission (CNTC).
18. ‘‘Owner’’ means a person having legal title to a vehicle.
19. ‘‘Owner of record’’ means the owner of a vehicle as indicated in the
files of the CNTC.
20. ‘‘Person’’ means an individual, corporation, business trust, estate,
trust, partnership, limited liability company, association, joint venture,
public corporation, government, or governmental subdivision, agency, or
instrumentality, or any other legal or commercial entity.
21. ‘‘Purchase’’ means to take by sale, lease, mortgage, pledge, consensual
lien, security interest, gift, or any other voluntary transaction that
creates an interest in a vehicle.
22. ‘‘Purchaser’’ means a person that takes by purchase.
23. ‘‘Record’’ means information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is retrievable in
perceivable form.
24. ‘‘Secured party’’ means:
a. a person in whose favor a security interest is created or provided
for under a security agreement, whether or not any obligation to be
secured is outstanding;
b. a person that is a consignor under Uniform Commercial Code
Article 9;
c. a person to which accounts, chattel paper, payment intangibles, or
promissory notes have been sold;
d. a trustee, indenture trustee, agent, collateral agent, or other representative
in whose favor a security interest is created or provided for;
or
e. a person that holds a security interest arising under Uniform
Commercial Code Section 2-401, 2-505, 2-711(3), or 2A-508(5).
25. ‘‘Secured party of record’’ means the secured party first indicated in
the files of the CNTC.
26. ‘‘Security interest’’ means an interest in goods that secures payment
or performance of an obligation. The term includes any interest of a
consignor and a buyer of accounts, chattel paper, a payment intangible, or
a promissory note in a transaction that is subject to Uniform Commercial
Code Article 9. The term does not include the special property interest of a
buyer of goods on identification of those goods to a contract for sale under
Uniform Commercial Code Section 2-401, but a buyer may also acquire a
security interest by complying with Uniform Commercial Code Article 9.
Except as otherwise provided in Uniform Commercial Code Section 2-505,
the right of a seller or lessor of goods under Uniform Commercial Code
Article 2 or 2A to retain or acquire possession of the goods is not a security
interest, but a seller or lessor may also acquire a security interest by
complying with Uniform Commercial Code Article 9. The retention or
reservation of title by a seller of goods notwithstanding shipment or
delivery to the buyer under Uniform Commercial Code Section 2-401 is
limited in effect to a reservation of a security interest. Whether a transaction
in the form of a lease creates a security interest is determined pursuant
to Uniform Commercial Code Section 1-203.
27. ‘‘Security interest statement’’ means a record, created or authorized
by a secured party, that indicates a security interest in a vehicle.
28. ‘‘Sign’’ means, with present intent to authenticate or adopt a record,
to:
a. make or adopt a tangible symbol; or
b. attach to or logically associate with the record an electronic sound,
symbol, or process.
29. ‘‘Termination statement’’ means a record, created or authorized by
the secured party under 47 CNCA § 1111.24 or the debtor under 47 CNCA
§ 1111.22, that:
a. identifies the security interest statement to which it relates; and
b. indicates either that it is a termination statement or that the
identified security interest statement is not effective.
30. ‘‘Title brand’’ means a designation of previous damage, use, or
condition that this act or law other than this act requires to be indicated on
a certificate of title or a certificate of origin.
31. ‘‘Transfer’’ means to convey, voluntarily or involuntarily, an interest
in a vehicle.
32. ‘‘Transferee’’ means a person that takes by transfer.
33. ‘‘Vehicle’’ means any type of motorized, wheeled device in, upon, or
by which an individual or property may be lawfully and customarily
transported on a road or highway, or a commercial, recreational, travel, or
other trailer, including manufactured homes. The term does not include:
a. specialized mobile equipment not designed primarily for transportation
of individuals or property on a road or highway;
b. an implement of husbandry; or
c. a wheelchair or similar device designed for use by an individual
having a physical impairment.
34. ‘‘Written certificate of origin’’ means a certificate of origin consisting
of information that is inscribed on a tangible medium.
35. ‘‘Written certificate of title’’ means a certificate of title consisting of
information that is inscribed on a tangible medium.
B. The following definitions in other laws apply to this act:
1. ‘‘Account debtor,’’ UCC Section 9-102(a)(3).
2. ‘‘Agreement,’’ UCC Section 1-201(b)(3).
3. ‘‘Collateral,’’ UCC Section 9-102(a)(12).
4. ‘‘Debtor,’’ UCC Section 9-102(a)(28).
5. ‘‘Good faith,’’ UCC Section 1-201(b)(20).
6. ‘‘Lease,’’ UCC Section 2A-103(a)(j).
7. ‘‘Lessee,’’ UCC Section 2A-103(1)(n).
8. ‘‘Lessor,’’ UCC Section 2A-103(a)(p).
9. ‘‘Manufactured home’’ UCC Section 9-102(a)(53).
10. ‘‘Merchant,’’ UCC Section 2-104(1).
11. ‘‘Notice; Knowledge,’’ UCC Section 1-202.
12. ‘‘Representative,’’ UCC Section 1-201(b)(33).
13. ‘‘Sale,’’ UCC Section 2-106(1).
14. ‘‘Security agreement,’’ UCC Section 9-102(a)(73).
15. ‘‘Seller,’’ UCC Section2-103(1)(o).
16. ‘‘Send,’’ UCC Section 1-201(b)(36).
17. ‘‘Value,’’ UCC Section 1-204.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.4. Law governing vehicles covered by certificate of title or certificate
of origin
A. In this section, ‘‘certificate of title’’ includes a certificate of title created
or authorized by a government agency of any jurisdiction which is permitted to
create or authorize the certificate of title.
B. The local law of the jurisdiction under whose certificate of title a vehicle
is covered governs all issues relating to the certificate of title, from the lime the
vehicle becomes covered by the certificate of title until the vehicle ceases to be
covered by the certificate of title, even if there is no other relationship between
the jurisdiction and the vehicle or its owner.
C. For purposes of this section, a vehicle becomes covered by a certificate of
title when an application for a certificate of title and the fee are received by the
CNTC in accordance with this act, or when an application for a certificate of
title and the fee are received in another jurisdiction pursuant to the certificate
of title law of that jurisdiction.
D. For purposes of this section and Uniform Commercial Code Article 9, a
security interest statement that is effective under 47 CNCA § 1111.24 constitutes
an application for a certificate of title if:
1. the debtor is located or has a place of business in this jurisdiction; and
2. an existing certificate of title covering the vehicle has not been created
in another jurisdiction.
E. For purposes of this section, a vehicle ceases to be covered by a
certificate of title at the earlier of the time the certificate of title ceases to be
effective under the law pursuant to which it was created, or the time the vehicle
subsequently becomes covered by another certificate of title, other than a
certificate of title initiated only by a security interest statement, created in any
jurisdiction.
F. If a vehicle is not covered by a certificate of title, but a certificate of
origin has been created for the vehicle:
1. if the parties to the certificate have chosen the law of a jurisdiction, the
law of that jurisdiction applies to the certificate of origin, even if this
jurisdiction bears no other relation to the certificate of origin; and
2. in the absence of an agreement effective under paragraph 1 of this
subsection, and except as provided in subsection (G) of this section, the
rights and obligations of the parties are determined by the law that would
be selected by application of this jurisdiction’s conflict of laws principles.
G. An agreement otherwise effective under paragraph 1 of subsection (F) of
this section is not effective to the extent that application of the law of the
jurisdiction designated would be contrary to a fundamental policy of the
jurisdiction whose law would govern in the absence of agreement under
paragraph 1 of subsection (F). of this section
H. In the absence of an agreement as to choice of law, if a vehicle is not
covered by a certificate of title or a certificate of origin, the rights and
obligations of the parties to the certificate are determined by the choice of law
principles of this jurisdiction.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.5. Exclusions
Unless the vehicle is covered by a certificate of title, this act does not apply to a
vehicle owned by the United States, the government of a country other than the
United States, an Indian tribe, a state, or a local government of a state.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.6. Vehicle identification number, make and model year
A. For each vehicle covered by a certificate of title, the CNTC must record
as the vehicle identification number in the files of the CNTC the vehicle
identification number, if any, assigned by its chassis manufacturer or importer.
B. If a vehicle is completed by a manufacturer using a chassis produced by
another manufacturer, the make of the manufacturer that completes the vehicle
must be used to describe the complete vehicle in the files of the CNTC that
relate to the vehicle.
C. The model year of a complete new vehicle is the model year of chassis
manufacture and must be the only model year indicated in the files of the CNTC
that relates to the vehicle.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.7. Execution of certificate of origin
A. If a manufacturer or importer creates or is authorized or required to
create a certificate of origin for a vehicle, upon transfer of ownership of the
vehicle it shall execute a certificate of origin to the transferee or deliver a
signed certificate of origin to the CNTC.
Each succeeding transferor shall execute to the next transferee or sign and
deliver to the CNTC all certificates of origin covering the vehicle which are
known to the transferor.
B. For the purpose of obtaining a certificate of title, a buyer may require
that the buyer’s transferor execute to the buyer a written certificate of origin.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.8. Cancellation of electronic certificate
If a written certificate of origin is created, any electronic certificate of origin
covering the vehicle is canceled and replaced by the written certificate of
origin.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.9. Application for certificate of title
A. Subject to 47 CNCA § 1111.20, an application for a certificate of title
must contain:
1. the owner’s name and physical address and, if different, an address for
receiving communications by United States mail;
2. the vehicle identification number as provided in 47 CNCA § 1111.6;
3. a description of the vehicle including, as required by the CNTC, the
make, model, model year, and body type;
4. an indication of all security interests in the vehicle which are known to
the applicant;
5. any title brand known to the applicant and, if known, the jurisdiction
that created the title brand;
6. a signed record disclosing the vehicle’s odometer reading, as required
under law other than this act to be provided by the transferor when
ownership of the vehicle is transferred;
7. if the application is made in connection with a transfer of ownership,
the transferor’s and transferee’s names, physical addresses and, if different,
addresses for receiving communications by United States mail, and the
sales price if any, and the date of the transfer;
8. if the application includes a direction to terminate a security interest
statement, the secured party’s name and address for receiving communications;
and
9. the signature of the owner.
B. An application for a certificate of title may contain electronic communication
addresses of the owner and the transferor.
C. Except as otherwise provided in 47 CNCA § 1111.21 or 1111.22, if an
application for a certificate of title includes a transfer of ownership or a
direction to terminate a security interest statement, the application must be
accompanied by all existing certificates of origin and any certificate of title
covering the vehicle, created or authorized in any jurisdiction, which are
known to the applicant, executed to the owner or other transferee by the
transferor. Except as otherwise provided in Section 22, if the application
includes a direction to terminate a security interest statement, the application
must be accompanied by a termination statement under Section 26.
D. If an application for a certificate of title does not include a transfer of
ownership or a direction to terminate a security interest statement, except as
otherwise provided in 47 CNCA § 1111.23, the application must be accompanied
by all existing certificates of origin and certificates of title covering the
vehicle known to the applicant, created or authorized in any jurisdiction,
evidencing the applicant as owner of the vehicle.
E. If there is no existing certificate of origin or certificate of title covering
the vehicle known to the applicant, created or authorized in any jurisdiction, an
application for a certificate of title must be accompanied by all existing
information or records of the vehicle’s ownership known to the applicant.
Information submitted under this subsection is part of the application for the
certificate of title and must be indicated in the files of the CNTC.
F. A power of attorney, including a simple power of attorney, may be used
to meet the requirements of this section, unless prohibited by law other than
this act.
G. The CNTC may require that the application for a certificate of title be
accompanied by any tax or fee payable by the applicant under the law of this
jurisdiction in connection with the acquisition or use of a vehicle, or evidence
of payment of that tax or fee.
H. A security interest statement is subject to subsection (G) of this section,
and is an application for a certificate of tide under 47 CNCA § 1111.4.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.10. Creation of an cancellation of certificate of title
A. Unless an application for a certificate of title is rejected under subsection
(C) of this section, the CNTC shall create a certificate of title upon submission
of an application that complies with 47 CNCA § 1111.9 and payment of all
taxes and fees.
B. The CNTC may create a written certificate of title or, if the CNTC
authorizes or creates electronic certificates of title, an electronic certificate of
title, at the option of the secured party of record or, if no security interest is
indicated in the files of the CNTC, at the option of any owner of record. If no
request is made by an owner of record or secured party, the CNTC may create a
written certificate of title or an electronic certificate of title.
C. The CNTC may reject an application for a certificate of title only if:
1. the application does not comply with 47 CNCA § 1111.9;
2. there is a reasonable basis for concluding that the application is
fraudulent or would facilitate a fraudulent or illegal act; or
3. the application otherwise does not comply with law other than this act.
D. Rejection of an application affects only the applicant’s ownership and
does not alter the receipt or effect of a security interest statement under 47
CNCA § 1111.4, 1111.24, or 1111.25.
E. If the CNTC has created a certificate of title, it may cancel the certificate
of title only if the CNTC could have rejected the application under subsection
(C) and after providing an opportunity for a hearing. At this hearing the
applicant and any other interested party may present evidence in support of the
application. The CNTC shall provide at least thirty (30) days’ notice of the
opportunity for a hearing, served in person or sent by regular mail to the
applicant, the owner of record, and all secured parties indicated in the files of
the CNTC.
F. Cancellation of a certificate of title, or rejection of an application for a
certificate of title, does not alter the receipt or effect of a security interest
statement under 47 CNCA § 1111.4, 1111.24, or 1111.25 or Uniform Commercial
Code Article 9.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.11. Contents of certificate of title
A. Except as otherwise provided in 47 CNCA § 1111.20, a certificate of title
must contain:
1. the date the certificate of title was created;
2. except as otherwise provided in 47 CNCA § 1111.25(B), the name and
address of any secured party of record showing that status and an indication
of the existence of any additional security interests disclosed under 47
CNCA § 1111.9 or indicated in a security interest statement effective under
47 CNCA § 1111.24, or otherwise indicated in the files of the CNTC or on a
certificate of title created in any jurisdiction and submitted to the CNTC;
3. all title brands known to the CNTC, including brands previously indicated
on a certificate of title or certificate of origin created in this
jurisdiction or another jurisdiction; and
4. the information required for an application pursuant to 47 CNCA
§ 1111.9(A)(1) through(6).
B. The indication of a title brand on the certificate of title may use
abbreviations, but not symbols, and must identify any jurisdiction whose
certificate of title indicated the title brand. If the meaning of the previous title
brand is not easily ascertainable or cannot be accommodated on the certificate
of title, the certificate of title may state: ‘‘Previously branded in [the jurisdiction
in which the title brand was previously indicated].’’
C. If a vehicle was previously registered for use in a jurisdiction outside the
United States, the CNTC shall indicate on the certificate of title that the vehicle
was previously registered in that jurisdiction.
D. A certificate of title must contain a form for the owner to sign in
executing the certificate.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.12. Certificate of title and certificate of origin not subject to judicial
process
A. A certificate of title or a certificate of origin does not by itself provide a
right or a means to obtain possession of the vehicle covered by the certificate
and is not itself subject to garnishment, attachment, levy, replevin, or other
judicial process against property. However, this act does not prohibit enforcement
of a security interest in, levy on, or foreclosure of a statutory or common
law lien on, a vehicle, as permitted under law other than this act. The absence
of an indication of a statutory or common law lien on a certificate of title does
not invalidate the lien.
B. This section does not relieve a person of any duty under this act or law
other than this act or preclude any remedies in personam.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.13. Other information
A. The CNTC may accept a submission of information relating to a vehicle
for inclusion in the files of the CNTC, even if the requirements for a certificate
of title, an application for a certificate of title, a security interest statement, or a
termination statement have not been met.
B. A submission of information under this section must include, to the
extent practicable, the information required under 47 CNCA § 1111.9 for an
application for a certificate of title.
C. To effectuate the law of this jurisdiction, the CNTC may require a person
to provide other information relating to a vehicle, as required for payment of
taxes or for issuance or renewal of license tags.
D. The CNTC may require a person submitting information under this
section to provide a bond in the form and amount determined by the CNTC.
Any bond must provide for indemnification of any secured party or other
interested party against any expense, loss, or damage resulting from the
submission and inclusion of the information in the files of the CNTC.
E. A submission of information under this section and its inclusion in the
files of the CNTC is not a certificate of title, an application for a certificate of
title, a security interest statement, or a termination statement and does not
provide a basis for transferring or determining ownership of a vehicle or
receipt or termination of a security interest statement.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.14. Maintenance of files
A. For each record filed in the CNTC, the CNTC shall:
1. ascertain the vehicle identification number of the vehicle to which the
record applies;
2. create or maintain a file that indicates the vehicle identification number
of the vehicle to which the record applies and the information in the
record, including the date and time the record was delivered to the CNTC;
3. maintain the file for public inspection, subject to subsection (D); and
4. index each file so as to be accessible by the vehicle identification
number for the vehicle and any other indexing methods provided by the
CNTC.
B. The CNTC shall maintain files of the information contained in all
certificates of title created under this act. Each file must be accessible by the
vehicle identification number for the vehicle covered by the certificate and any
other indexing method used by the CNTC.
C. Each file maintained under this section must include all indicated security
interests, title brands, and stolen property reports applicable to the vehicle,
and the name and address of any known secured party or claimant to ownership.
D. Files of the CNTC are subject to the Cherokee Nation Freedom of
Information Act, 67 CNCA § 101 et seq., (LA 25-01), as amended, and other
law as applicable.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.15. Delivery of certificate of title
A. Upon creation of a certificate of title, the CNTC shall promptly deliver
the certificate of title, if written, or a record evidencing an electronic certificate
of title, if electronic, to the secured party of record, if any, at the address shown
on the security interest statement submitted by the secured party of record and,
unless previously provided to the owner of record, shall deliver a record
evidencing the certificate of title to that owner at the address indicated in the
files of the CNTC. If no secured party is indicated in the files of the CNTC, the
certificate of title or record evidencing the electronic certificate of title must be
delivered to the owner of record. The secured party of record, if any, may elect
to have the CNTC create a written certificate of title. The owner of record also
may make such an election but only if no secured party is indicated in the files
of the CNTC.
B. Within a reasonable period not to exceed fifteen (15) business days after
receipt of a request for a written certificate of title pursuant to subsection (A),
the CNTC shall create and deliver the certificate to the person making the
request.
C. If a written certificate of title is created, any existing electronic certificate
of title covering the vehicle is canceled. The cancellation must be noted in the
files of the CNTC with an indication of the date and time of the cancellation.
D. Any existing written certificate of title must be canceled before an
electronic certificate of title is created. The cancellation must be noted on the
face of the written certificate of title and in the files of the CNTC with an
indication of the date and time of the cancellation.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.16. Transfer
A. Upon sale of a vehicle located in this jurisdiction or covered by a
certificate of title created in this jurisdiction, a person authorized to execute the
certificate of title or certificate of origin covering the vehicle, as promptly as
practicable and in compliance with this act and any law other than this act,
shall execute the certificate to the buyer. The buyer of a vehicle located in this
jurisdiction or covered by a certificate of title created in this jurisdiction has a
specifically enforceable right to require the seller to execute the certificate of
title or certificate of origin to the buyer.
B. Execution of a certificate of title covering the vehicle created in any
jurisdiction satisfies the requirement in subsection (A) of this section.
C. Execution of a certificate of title covering a vehicle created in any
jurisdiction or a certificate of origin transfers the transferor’s legal title to the
vehicle to the transferee.
D. As between the parties to the transfer and their assignees and successors,
a transfer of legal title is not rendered ineffective by a failure to execute a
certificate of title or certificate of origin as provided in this section. However,
except as otherwise provided in 47 CNCA § 1111.18 or 1111.19, a transfer of
legal title without execution of a certificate of title covering the vehicle created
in any jurisdiction is not effective as to other persons claiming an interest in the
vehicle.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.17. Notice of transfer without application
A transferor or transferee of legal title to a vehicle may submit a signed
record to the CNTC evidencing the transfer, without filing an application for a
certificate of title, in accordance with standards and procedures established by
the CNTC. The record may evidence the transfer of legal title between the
transferor and transferee but is not effective as to other persons claiming an
interest in the vehicle.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.18. Power to transfer
A. A purchaser of a vehicle acquires all interests that the transferor had or
had power to transfer, except that a purchaser of a limited interest acquires
rights only to the extent of the interest purchased. A person having voidable
title to a vehicle has power to transfer a good title to a good faith purchaser for
value. If ownership of a vehicle has been transferred in a transaction of
purchase, the purchaser has the power to transfer good title to a good faith
purchaser for value even though:
1. the transferor was deceived as to the identity of the purchaser in the
transaction of purchase;
2. the transfer in the transaction of purchase was in return for a check
that was later dishonored;
3. it was agreed that the transaction of purchase was to be a ‘‘cash sale’’;
4. the transfer in the transaction of purchase was procured through fraud
punishable as larcenous under the criminal law; or
5. a certificate of title was not executed.
B. Entrusting of a vehicle to a merchant that deals in vehicles or other
goods of that kind gives the merchant the power to transfer all rights of the
entruster to a buyer in ordinary course of business or, to the extent of the
lessee’s interest, to a lessee in ordinary course of business, even if the certificate
of title is not executed to the buyer or lessee. In this subsection, ‘‘entrusting’’
includes any relinquishment of possession and any acquiescence in retention of
possession of the vehicle regardless of any condition expressed between the
parties to the relinquishment or acquiescence and regardless of whether the
procurement of the entrusting or the possessor’s disposition of the vehicle was
larcenous under the criminal law.
C. This section is subject to Uniform Commercial Code Section 2A-303.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.19. Other transferees of vehicle covered by certificate of title
A. Except as otherwise provided in this section or in 47 CNCA § 1111.18, a
transferee of a vehicle takes subject to:
1. a valid security interest in the vehicle indicated on the certificate of
title; and
2. if the certificate of title contains a statement that the vehicle is or may
be subject to security interests not shown on the certificate of title, a valid
security interest not so indicated.
B. If, during the period a security interest in a vehicle is perfected by any
method under the law of any jurisdiction, the CNTC creates a written certificate
of title that does not indicate that the vehicle is subject to the security interest
or contain a statement that it may be subject to security interests not indicated
on the certificate, a buyer of the vehicle, other than a person in the business of
selling or leasing vehicles of that kind, takes free of the security interest if the
buyer:
1. in good faith gives value, receives possession of the vehicle, and obtains
execution of the written certificate of title; and
2. does not have notice of the security interest in the vehicle.
C. A buyer in ordinary course of business or a lessee in ordinary course of
business of a vehicle takes free of a security interest, including a security
interest indicated on the certificate of title, created by the buyer’s seller or the
lessee’s lessor, even if the security interest is perfected, the buyer or lessee
knows of its existence, and the certificate was not executed to the buyer or
lessee.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.20. Effect of incorrect information or omission
A. Except as otherwise provided in this section, a certificate of title, certificate
of origin, security interest statement, or other record otherwise satisfying
the requirements of this act is effective even if it contains incorrect information
or required information is omitted.
B. In addition to any rights provided under 47 CNCA § 1111.18 or 1111.19,
if a certificate of title, certificate of origin, security interest statement, or other
record is seriously misleading because it contains incorrect information or
omits required information, a purchaser of the vehicle covered by the record
takes free of any claim or interest the validity of which is dependent on the
correct information or omitted information, which would have been contained
in the record if the correct or omitted information had been provided, to the
extent that the purchaser gives value in reasonable reliance on the incorrect
information or the absence of the omitted information.
C. Except as otherwise provided in subsection (D) of this section or in 47
CNCA § 1111.24(C), a description of the vehicle covered by a certificate of title,
certificate of origin, security interest statement, or other record otherwise
satisfying the requirements of this act is sufficient, and not seriously misleading,
even if the description and vehicle identification number are not specific
and accurate, if the information, including the vehicle identification number,
reasonably identifies the vehicle.
D. With respect to a security interest or other interest indicated in the files
of the CNTC and not indicated on a written certificate of title, if a search of the
files of the CNTC using the correct vehicle identification number, name of the
debtor, or other required information, using the CNTC’s standard search logic,
if any, would disclose the security interest or other interest, a failure to indicate
the information specifically or accurately is not seriously misleading.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.21. Transfer of ownership by operation of law
A. In this section:
1. ‘‘By operation of law’’ means pursuant to a law or judicial order
affecting ownership of a vehicle:
a. on account of death, divorce, merger, consolidation, dissolution, or
bankruptcy;
b. through the exercise of the rights of a lien creditor or a person
with a common law or statutory lien or other nonconsensual lien; or
c. through other legal process.
2. ‘‘Transfer-by-law statement’’ means a record signed by a transferee
containing:
a. a statement that, by operation of law, the transferee has acquired
or has the right to acquire the ownership of the owner of record;
b. the name and mailing address of the owner of record and the
transferee and any other information required by 47 CNCA
§ 1111.8(A);
c. documentation sufficient to establish the transferee’s interest or
right to acquire the ownership of the owner of record; and
d. a statement:
i. that the certificate of title is an electronic certificate of title;
ii. that the transferee does not have possession of the written
certificate of title created in the name of the owner of record; or
iii. that the transferee is delivering the written certificate of title
to the CNTC with the transfer-by-law statement.
B. If a transfer-by-law statement is delivered to the CNTC with the fee and
taxes and documentation satisfactory to the CNTC as to the transferee’s
ownership interest or right to acquire the ownership of the owner of record,
unless the transfer-by-law statement is rejected by the CNTC for a reason set
forth in 47 CNCA § 1111.9, the CNTC shall:
1. accept receipt of the transfer-by-law statement;
2. promptly send notice to the owner of record and to all persons
indicated in the files of the CNTC as having a security interest in the
vehicle that a transfer-by-law statement has been received by the CNTC;
3. amend its records to reflect the transfer;
4. cancel the certificate of title created in the name of the owner of record
listed in the transfer-by-law statement, whether or not the certificate has
been delivered to the CNTC;
5. create a new certificate of title pursuant to 47 CNCA § 1111.9, indicating
the transferee as owner of record; and
6. deliver the new certificate of title pursuant to 47 CNCA § 1111.19.
C. This section does not affect the rights and obligations of a secured party
in the enforcement of a security interest under Uniform Commercial Code
Article 9.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.22. Application for transfer of ownership or termination of security
interest statement without certificate of title or certificate of
origin
A. The CNTC shall create a certificate of title upon receiving an application
that includes a transfer of ownership or a direction to terminate a security
interest statement but is not accompanied by submission of a signed certificate
of title or certificate of origin only if:
1. all other requirements under 47 CNCA §§ 1111.9 and 1111.10 are met;
2. the applicant has provided an affidavit stating facts that indicate the
applicant is entitled to a transfer of ownership or termination of the
effectiveness of a security interest statement:
3. at least forty-five (45) days before the CNTC creates the certificate of
title, notice of the application was sent to all persons having an interest in
the vehicle as indicated in the files of the CNTC, and no objection from any
of these persons has been received by the CNTC; and
4. the applicant presents other documentation required by the CNTC to
evidence the applicant’s ownership or right to termination of the security
interest statement, and there is no credible information available to the
CNTC indicating theft, fraud, or any undisclosed or unsatisfied security
interest, lien, or other claim to an interest in the vehicle.
B. Unless the value of the vehicle is less than One Thousand Dollars
($1,000.00), the CNTC may require an applicant under subsection (A) to post a
bond or provide an equivalent source of indemnity or security, in a form
prescribed by the CNTC, providing for indemnity of any owner, purchaser, or
other claimant, for any expense, loss, delay, or damage, including reasonable
attorneys’ fees but not consequential damages, resulting from creation of a
certificate of title or termination of a security interest statement. The bond or
other source of indemnity may not exceed twice the value of the vehicle as
determined by the CNTC.
C. If the CNTC has not received a claim for indemnity within one (1) year
after creation of the certificate of title under subsection (A) of this section, the
CNTC shall release any required bond, indemnity, or other security.
D. In lieu of the requirements of subsection (B) of this section, the CNTC
may include in the certificate of title created under subsection (A) of this section
an indication that the certificate of title was created without submission of a
signed certificate of title or termination statement. If no credible information
indicating theft, fraud, or any undisclosed or unsatisfied security interest, lien,
or other claim to an interest in the vehicle has been received by the CNTC
within one (1) year after creation of the certificate of title, upon a request in a
form and manner specified by the CNTC, the CNTC shall remove the indication
from the certificate of title.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.23. Replacement certificates of title
A. If a written certificate of title is lost, stolen, mutilated, destroyed, or
otherwise becomes unavailable or illegible, the secured party of record or, if
there is no secured party indicated in the files of the CNTC, the owner of record
may make application for and obtain a replacement certificate of title in the
name of the owner of record by furnishing information satisfactory to the CNTC
in accordance with this section.
B. An application for a replacement certificate of title must be submitted in
a record signed by the applicant and, except as otherwise permitted by the
CNTC, must comply with 47 CNCA § 1111.8.
C. The existing certificate of title must be submitted to the CNTC with the
application for a replacement certificate of title, unless it has been lost, stolen,
destroyed, or is otherwise unavailable.
D. A replacement certificate of title created by the CNTC must comply with
47 CNCA § 1111.10 and conspicuously state that it is a replacement certificate
of title.
E. If a person receiving a replacement certificate of title subsequently
obtains possession of the original certificate, the person shall promptly destroy
the original certificate.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.24. Effectiveness of security interest statement
A. A security interest statement sufficient under subsection (B) of this
section is effective upon receipt by the CNTC and tender of the applicable fee.
An effective security interest statement is an application for a certificate of title
for purposes of 47 CNCA § 1111.4 and Uniform Commercial Code Article 9
Section 9-303.
B. A security interest statement is sufficient if it includes the name of a
debtor, the name of a secured party or a representative of a secured party, and
a description of the vehicle, and one of the following conditions is met:
1. the debtor has signed a security agreement that provides a description
of the vehicle;
2. the vehicle is in the possession of the secured party pursuant to
Uniform Commercial Code Section 9-313 or pursuant to the debtor’s
agreement; or
3. the debtor has otherwise authorized the security interest statement in a
signed record.
C. A security interest statement is not received if the CNTC rejects the
statement under subsection (E) of this section. The CNTC may reject a security
interest statement only under subsection (E) of this section and only if:
1. the record is not delivered by a means authorized by the CNTC;
2. an amount equal to or greater than the required filing fee is not
tendered;
3. the record does not include the name and mailing address of a debtor
and a secured party or a representative of a secured party; or
4. the record does not contain the correct vehicle identification number.
D. The CNTC shall maintain a file showing the date of receipt of each
security interest statement that is not rejected and make this information
available on request.
E. To reject a security interest statement, the CNTC shall notify the person
that delivered the statement of the rejection, the reasons for the rejection, and
the date the statement would have been received had the CNTC not rejected it.
The CNTC shall send the notice not later than midnight of the second business
day after the business day on which the security interest statement was
delivered to the CNTC. If the CNTC does not send proper notice of rejection of
a security interest statement by midnight of the second business day after the
business day on which the statement was delivered to the CNTC, that is
sufficient under subsection (B) of this section, the security interest statement is
received as of the business day on which the statement was delivered to the
CNTC.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.25. Perfection of security interest
A. Except as otherwise provided in subsections (E) and (F) of this section, a
security interest in a vehicle may be perfected only by receipt of a security
interest statement that is effective under 47 CNCA § 1111.24. If a security
interest statement is effective under 47 CNCA § 1111.24, the security interest
represented by the security interest statement is perfected upon the later to
occur of receipt of the security interest statement or attachment of the security
interest pursuant to Uniform Commercial Code Section 9-203.
B. The CNTC may create a certificate of title naming as owner a lessor,
consignor, bailor, or secured party and may treat the person as the owner for
purposes of carrying out the duties of the CNTC under this act. If the interest
of a person named as owner is a security interest, the certificate of title naming
the person as owner perfects the security interest but is not of itself a factor in
determining whether the interest is a security interest.
C. The CNTC may reject a security interest statement sufficient under 47
CNCA § 1111.24(B) only for a reason set forth in 47 CNCA § 1111.24(C) and in
the manner set forth in 47 CNCA § 1111.24(E). Rejection for any other reason
or in any other manner is ineffective and the security interest statement is
received as of the business day on which the statement was delivered to the
CNTC. A security interest statement that is sufficient under 47 CNCA
§ 1111.24(B) and is not rejected under 47 CNCA § 1111.24(C) is received as of
the business day on which the statement was delivered to the CNTC, and if
effective under 47 CNCA § 1111.24(A) constitutes perfection under subsection
(A), unless it is rejected pursuant to 47 CNCA § 1111.24(E). A failure of the
CNTC to index a security interest statement correctly or to indicate the security
interest on the certificate of title does not affect the receipt or effectiveness of
the security interest statement.
D. A secured party may transfer its rights as secured party under this act.
An otherwise valid transfer of a security interest is effective between the parties
to the transfer whether or not it is reflected in the files of the CNTC or
indicated on the certificate of title. A transfer of a security interest vests in the
transferee the rights of the secured party under this act and the Uniform
Commercial Code. Perfection remains effective even if the transfer and the
transferee of the security interest are not indicated in the files of the CNTC or
on the certificate of title. However, a purchaser of the vehicle that obtains a
release from a secured party indicated in the files of the CNTC or on the
certificate of title takes free of that security interest and also free of the rights of
a transferee of that security interest if the transfer is not indicated in the files of
the CNTC or on the certificate.
E. A security interest created by a person in the business of selling or
leasing vehicles is not subject to this section during any period in which the
collateral is inventory held for sale or lease or is leased by the person.
F. A secured party may perfect a security interest by taking possession of a
vehicle only as provided in Uniform Commercial Code Section 9-313(b) and
9-316(d).
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.26. Termination statement
A. A secured party indicated in the files of the CNTC as having a security
interest in a vehicle shall deliver to the CNTC a signed termination statement if:
1. there is no obligation secured by the vehicle covered by the security
interest and no commitment to make an advance, incur an obligation, or
otherwise give value secured by the vehicle; or
2. the debtor did not authorize the filing of the security interest statement.
B. A secured party indicated in the files of the CNTC shall deliver the signed
termination statement to the debtor or the CNTC upon the earlier of:
1. twenty (20) days after there is no obligation secured by the vehicle
covered by the security interest statement and no commitment to make an
advance, incur an obligation, or otherwise give value secured by the
vehicle; or
2. ten (10) days after the secured party receives a signed demand from the
debtor and there is no obligation secured by the vehicle and no commitment
to make an advance, incur an obligation, or otherwise give value
secured by the vehicle.
C. If a written certificate of title has been created and delivered to the
secured party and a termination statement is required under subsection (A) of
this section, the secured party shall deliver the written certificate of title to the
debtor or the CNTC with the termination statement, within the time provided in
subsection (B) of this section. If the written certificate is lost, stolen, mutilated,
or destroyed or is otherwise unavailable or illegible, the secured party shall
deliver with the termination statement, within the time provided in subsection
(B) of this section, an application for a replacement certificate of tide meeting
the requirements of 47 CNCA § 1111.23.
D. Upon the delivery of a termination statement to the CNTC pursuant to
this section, the security interest statement and any notation of the security
interest on the certificate of title to which the termination statement relates
becomes ineffective.
E. Only a secured party whose interest is required to be terminated is
required to or may file a termination statement under this act.
F. A secured party is liable for damages in the amount of any loss caused by
not complying with this section and for the reasonable cost of an application
for a certificate of title under 47 CNCA §§ 1111.9 and 1111.22.
G. Upon termination of the effectiveness of a security interest statement
under this section, the CNTC shall reflect in its files the termination of the
security interest, and that the subsequent secured party reflected in the files of
the CNTC, if any, is the secured party of record. If a written certificate of title
has been created indicating that the security interest has been terminated, the
CNTC shall cancel that certificate of title, create a new certificate of title under
47 CNCA §§ 1111.10 and 1111.11, and deliver the new certificate of title in
accordance with 47 CNCA § 1111.15.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.27. Uniform security interest statement
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.28. Duties and operation of filing office
A. The CNTC shall maintain a file of the information provided in a security
interest statement received by the CNTC under 47 CNCA § 1111.24 for a least
one (1) year after termination of the security interest statement under 47 CNCA
§ 1111.26. The information must be accessible by the vehicle identification
number for the vehicle and any other indexing methods as provided by the
CNTC.
B. If a person that files a record with the CNTC, or submits information that
is accepted by the CNTC, requests an acknowledgment of the filing or submission,
the CNTC shall send to the person an acknowledgment showing the
vehicle identification number of the vehicle to which the record or submission
relates, the information in the filed record or submission, and the date and time
the record was received or the submission accepted. A request under this
section must contain the vehicle identification number and be delivered by
means authorized by the CNTC.
C. The CNTC shall send or otherwise make available in a record the
following information to any person that requests it:
1. whether there is on file on a date and time specified by the CNTC, but
not a date earlier than three (3) business days before the CNTC received the
request, any certificate of title and security interest statement that:
a. covers a vehicle identified by a vehicle identification number
designated in the request; and
b. has not been canceled or terminated;
2. the effective date of the security interest statement; and
3. the name of the owner of record and all security interest statements
indicated in the files of the CNTC that are not subject to a termination
statement under 47 CNCA § 1111.26.
D. In responding to a request under this section, the CNTC may communicate
the requested information in any medium. However, if requested, the
CNTC shall send the requested information in a record that is admissible in
evidence in the courts of this jurisdiction without extrinsic evidence of its
authenticity.
E. The CNTC shall comply with the requirements of this section at the time
and in the manner prescribed by the rules of the CNTC but shall comply with
requests under this section not later than two (2) business days after the CNTC
receives the request. A reasonable fee may be imposed for this service.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
§ 1111.29. Title brand
A. A ‘‘salvage title’’ shall be issued to any vehicle ten (10) model years and
newer which has been damaged by collision or other occurrence to the extent
that the cost of repairing the vehicle for safe operation on the highway exceeds
sixty percent (60%) of its fair market value determined as of its condition
immediately prior to the damage.
B. A ‘‘rebuilt title’’ shall be issued on any salvage vehicle, which has been
rebuilt and inspected for the purpose of registration and title with Cherokee
Nation, or another jurisdiction.
LA 34-01, eff. September 12, 2001. Amended LA 43-04, eff. December 15, 2004; LA
02-21, eff. Feb. 18, 2021.
§ 1111.30. Uniformity of application and construction
In applying and construing this Uniform Act, consideration must be given to
the need to promote uniformity of the law with respect to its subject matter
among jurisdictions that enact it.
LA 43-04, eff. December 15, 2004; LA 02-21, eff. Feb. 18, 2021.
CHAPTER 79
MOTOR VEHICLE CHOP SHOP, STOLEN
AND ALTERED PROPERTY ACT
Section
1501. Short title
1502. Definitions
1503. Ownership and operation of chop shop-Alteration of vehicle identification
number-Purchase or sale of parts from altered vehicle-Exceptions-Attempt-
Conspiracy-Solicitation-Aiding and abetting-Accessory after fact-
Penalties-Sentence-Restitution
1504. Seizure of tool, implement, or instrumentality without process
1505. Property subject to forfeiture-Disposition-New certificate of title
1506. Institution of civil proceedings
§ 1501. Short title
This act shall be known and may be cited as the ‘‘Motor Vehicle Chop Shop,
Stolen and Altered Property Act’’.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1502. Definitions
As used in the Motor Vehicle Chop Shop, Stolen and Altered Property Act:
1. ‘‘Chop shop’’ means any building, lot or other premise where one or
more persons are or have been knowingly engaged in altering, destroying,
disassembling, dismantling, reassembling, or knowingly storing any motor
vehicle, or motor vehicle part known to be illegally obtained by theft, fraud
or conspiracy to defraud, in order to either:
a. Alter, counterfeit, deface, destroy, disguise, falsify, forge, obliterate,
or remove the identity, including the vehicle identification number of
such motor vehicle or motor vehicle part, in order to misrepresent the
identity of such motor vehicle part, or to prevent the identification of
such motor vehicle or motor vehicle part; or
b. Sell or dispose of such motor vehicle or motor vehicle part.
2. ‘‘Motor vehicle’’ means and includes every device in, upon, or by
which any person or property is or may be transported or drawn upon a
highway, which is self-propelled or which may be connected to and towed
by a self-propelled device, and also includes any and all other land-based
devices which are self-propelled but which are not designed for use upon a
highway, including but not limited to, farm machinery and construction
equipment.
3. ‘‘Person’’ means and includes a natural person, company, corporation,
unincorporated association, partnership, professional corporation, and any
other legal entity.
4. ‘‘Unidentifiable’’ means that the uniqueness of a motor vehicle or
motor vehicle part cannot be established by either expert law enforcement
investigative personnel specially trained and experienced in motor vehicle
theft investigative procedures and motor vehicle identification examination
techniques, or by expert employees of not-for-profit motor vehicle theft
prevention agencies specially trained and experienced in motor vehicle
theft investigation procedures and motor vehicle identification examination
techniques.
5. ‘‘Vehicle identification number’’ means a number or numbers, a letter
or letters, a character or characters, a datum or data, a derivative or
derivatives, or a combination or combinations thereof, used by the manufacturer
or the Oklahoma Tax Commission for the purpose of uniquely
identifying a motor vehicle or motor vehicle part. The term shall include,
but not be limited to, a number or numbers, a letter or letters, a character
or characters, a datum or data, a derivative or derivatives, or a combination
or combinations thereof.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1503. Ownership and operation of chop shop-Alteration of vehicle identification
number-Purchase or sale of parts from altered vehicle-
Exceptions-Attempt-Conspiracy-Solicitation-Aiding
and abetting-Accessory after fact-Penalties-Sentence-Restitution
A. Any person who knowingly and with intent that a violation of this section
be committed:
1. owns, operates, or conducts a chop shop;
2. transports any motor vehicle or motor vehicle part to or form a
location knowing it to be a chop shop; or
3. sells, transfers, purchases, or receives any motor vehicle or motor
vehicle part either to or from a location knowing it to be a chop shop, upon
conviction, is guilty of a crime.
B. Any person who knowingly alters, counterfeits defaces, destroys, disguises,
falsifies, forges, obliterates, or knowingly removes a vehicle identification
number with the intent to misrepresent the identity or prevent the identification
of a motor vehicle or motor vehicle part, upon conviction is guilty of a crime,
punishable by imprisonment for not more than one (1) year, or by a fine of not
more than Five Thousand Dollars ($5,000.00), or both such imprisonment and
fine.
C. 1. Any person who buys, disposes, sells, transfers, or possesses a motor
vehicle or motor vehicle part, with knowledge that the vehicle identification
number of the motor vehicle or motor vehicle part has been altered, counterfeited,
defaced, destroyed, disguised, falsified, forged, obliterated, or removed,
upon conviction is guilty of a crime.
2. The provisions of paragraph 1 of this subsection shall not apply to a
motor vehicle scrap processor who, in the normal legal course of business
and in good faith, processes a motor vehicle or motor vehicle part by
crushing, compacting, or other similar methods, provided that any vehicle
identification number is not removed from the motor vehicle or motor
vehicle part prior to or during any such processing.
3. The provisions of paragraph 1 of this subsection shall not apply to any
owner or authorized possessor of a motor vehicle or motor vehicle part
which has been recovered by law enforcement authorities after having been
stolen or where the condition of the vehicle identification number of the
motor vehicle or motor vehicle part is known to or has been reported to
law enforcement authorities. It shall be presumed that law enforcement
authorities have knowledge of all vehicle identification numbers on a motor
vehicle or motor vehicle part which are altered, counterfeited, defaced,
disguised, falsified, forged, obliterated, or removed, when law enforcement
authorities deliver or return the motor vehicle or motor vehicle part to its
owner or authorized possessor after it has been recovered by law enforcement
authorities after having been reported stolen.
D. A person commits an attempt when, with intent to commit a violation
proscribed by subsection (A), (B), or (C) of this section the person does any act
which constitutes a substantial step toward the commission of the violation
proscribed by subsection (A), (B) or (C) of this section, and upon conviction is
guilty of a crime.
E. A person commits conspiracy when, with an intent that a violation
proscribed by subsection(A), (B) or (C) of this section be committed, the person
agrees with another to the commission of the violation proscribed by subsections
(A), (B) or (C) or this section, and upon conviction is guilty of a crime.
No person may be convicted of conspiracy under this section unless an act in
furtherance of such agreement is alleged and proved to have been committed
by that person or a co-conspirator.
F. A person commits solicitation when, with intent that a violation proscribed
by subsection (A), (B) or (C) of this section be committed, the person
commands, encourages, or requests another to commit the violation proscribed
by subsection (A), (B) or (C) of this section, and upon conviction is guilty of a
crime.
G. A person commits aiding and abetting when, either before or during the
commission of a violation proscribed by subsection (A), (B) or (C) of this
section, with the intent to promote or facilitate such commission of the
violation proscribed by subsection (A), (B) or (C) of this section, and upon
conviction is guilty of a crime.
H. A person is an accessory after the fact who maintains, assists, or gives
any other aid to an offender while knowing or having reasonable grounds to
believe the offender to have committed a violation under subsection (A), (B),
(C), D, E, F or G of this section, and upon conviction is guilty of a crime.
I. No prosecution shall be brought, and no person shall be convicted, of any
violation under this section, where acts of the person, otherwise constituting a
violation were done in good faith in order to comply with the laws or
regulations of any state or territory of the United States, or of the federal
government of the United States.
J. 1. In addition to any other punishment, a person who violates this
section, shall be ordered to make restitution to the lawful owner or owners of
the stolen motor vehicle or vehicles or the stolen motor vehicle part or parts, or
to the owner’s insurer to the extent that the owner has been compensated by
the insurer, and to any other person for any financial loss sustained as a result
of a violation of this section.
Financial loss shall include, but not be limited to, loss of earnings, out-ofpocket
and other expenses, repair and replacement costs and claims payments.
Lawful owner shall include an innocent bona fide purchaser for value of a
stolen motor vehicle or stolen motor vehicle part who does not know that the
motor vehicle or part is stolen; or an insurer to the extent that such insurer has
compensated a bona fide purchaser for value.
2. The Court shall determine the extent and method of restitution. In an
extraordinary case, the Court may determine that the best interests of the
victim and justice would not be served by ordering restitution. In any such
case, the Court shall make and enter specific written findings on the record
concerning the extraordinary circumstances presented which militated
against restitution.
LA 2-91, eff. February 9, 1991; LA 02-21, eff. Feb. 18, 2021.
§ 1504. Seizure of tool, implement, or instrumentality without process
A. Any tool, implement, or instrumentality, including but not limited to a
motor vehicle or motor vehicle part, used or possessed in connection with any
violation of 47 CNCA § 1503 may be seized by any peace officer upon process
issued by any court of competent jurisdiction.
B. Seizure of property described in subsection A of this section may be
made by any peace officer without process if:
1. in accordance with any applicable law or regulation;
2. the seizure is incident to inspection under an administrative inspection
warrant;
3. the seizure is incident to search made under a search warrant;
4. the seizure is incident to a lawful arrest;
5. the seizure is made pursuant to a valid consent to search;
6. the property seized has been the subject of a prior judgment in favor of
the Nation in a criminal proceeding, or in an injunction or forfeiture
proceeding under 47 CNCA §§ 1505 or 1506; or
7. there are reasonable grounds to believe that the property is directly or
indirectly dangerous to health or safety.
C. When property is seized under this section, the seizing agency may:
1. place the property under seal; or
2. remove the property to a place selected and designated by the seizing
agency.
LA 31-21, eff. June 18, 2021.
§ 1505. Property subject to forfeiture-Disposition-New certificate of title
A. The following are subject to forfeiture unless obtained by theft, fraud or
conspiracy to defraud and the rightful owner is known or can be identified and
located:
1. Any tool;
2. Any implement; or
3. Any instrumentality, including but not limited to, real estate, any motor
vehicle or motor vehicle part, whether owned or not owned by the person
from whose possession or control it was seized, which is used or possessed
either in violation of 47 CNCA § 1503 or to promote or facilitate a violation
of 47 CNCA § 1503.
B. Any motor vehicle, other conveyance, or motor vehicle part used by any
person as a common carrier is subject to forfeiture under this section where the
owner or other person in charge of the motor vehicle, other conveyance, or
motor vehicle part is a consenting party to a violation of 47 CNCA § 1503.
C. Any motor vehicle, motor vehicle part, other conveyance, tool, implement,
or instrumentality is not subject to forfeiture under this section by reason
of any act or omission which the owner proves to have been committed or
omitted without the owner’s knowledge or consent.
D. 1. Seizing agencies will utilize their best efforts to identify any seized
motor vehicle or motor vehicle part to determine ownership or the identity of
any other person having a right or interest in a seized motor vehicle or motor
vehicle part. In its reasonable identification and owner location attempts, the
seizing agency will cause the stolen motor vehicle files of the state police and
the office of the Marshal to be searched for stolen or wanted information on
motor vehicles similar to the seized motor vehicle or consistent with the seized
motor vehicle part.
2. Where a motor vehicle or motor vehicle part has an apparent value in
excess of One Thousand Dollars ($1,000.00),
a. the seizing agency shall consult with either expert law enforcement
investigative personnel specially trained and experienced in motor
vehicle theft investigative procedures and motor vehicle identification
examination techniques, or by expert employees of not-for-profit motor
vehicle theft prevention agencies specially trained and experienced in
motor vehicle theft investigation procedures and motor vehicle identification
examination techniques,
b. the seizing agency shall also request searches of the on-line and
off-line files of the National Crime Information Center (NCIC) and the
National Automobile Theft Bureau (NATB) when the files of the state
police and the office of the Marshal have been searched with negative
results.
E. A forfeiture of a motor vehicle, motor vehicle part, or other conveyance
encumbered by a bona fide security interest is subject to the interest of the
secured party where the secured party neither had knowledge of nor consented
to the act or omission forming the ground for the forfeiture.
F. Property, described in subsection A of this section, seized and held for
forfeiture, shall not be subject to replevin and is subject only to the order and
judgments of the court hearing the forfeiture proceedings.
G. 1. The Attorney General shall bring an action for forfeiture in the
Cherokee Nation District Court. The forfeiture action shall be brought within
sixty (60) days from the date of seizure except where the Attorney General in
the sound exercise of discretion determines that no forfeiture action should be
brought because of the rights of property owners, lienholders, or secured
creditors, or because of exculpatory, exonerating, or mitigating facts and
circumstances.
2. The Attorney General shall give notice of the forfeiture proceeding by
mailing a copy of the complaint in the forfeiture proceeding to each person
whose right, title, or interest is of record in the Oklahoma Tax Commission,
Cherokee Nation Tax Commission, the Oklahoma Department of Public
Safety, the Federal Aviation Agency, or any other department of the State
of Oklahoma, the Cherokee Nation, or any other state or territory of the
United States, or of the federal government if such property is required to
be registered in any such department.
3. Notice of the proceeding shall be given to any such other person as
may appear, from the facts and circumstances, to have any right, title, or
interest in or to the property.
4. The owner of the property, or any person having, or claiming, right,
title, or interest in the property may within sixty (60) days after the mailing
of such notice file a verified answer to the complaint and may appear at the
hearing on the action for forfeiture.
5. The Attorney General shall show at a forfeiture hearing, by a preponderance
of the evidence, that such property was used in the commission of
a violation of 47 CNCA § 1503, or was used or possessed to facilitate such
violation.
6. The owner of property may show by a preponderance of the evidence
that the owner did not know, and did not have reason to know, that the
property was to be used or possessed in the commission of any violation or
that any of the exceptions to forfeiture are applicable.
7. Unless the Attorney General shall make the showing required by
subsection 5, above, the court shall order the property released to the
owner. Where the Attorney General has made such a showing, the court
may order:
a. the property be destroyed by the agency which seized it or some
other agency designated by the court,
b. the property be delivered and retained for use by the agency which
seized it or some other agency designated by the court, or
c. the property be sold at public sale.
H. A copy of a forfeiture order shall be filed with the Marshal and with each
federal or state department with which such property is required to be registered.
Such order, when filed, constitutes authority for the issuance to the
agency to whom the property is delivered and retained for use or to any
purchaser of the property of a title certificate, registration certificate, or other
special certificate as may be required by law considering the condition of the
property.
I. Proceeds from sale at public auction, after payment of all reasonable
charges and expenses incurred by the agency designated by the court to
conduct the sale in storing and selling the property, shall be paid into the
Cherokee Nation Treasury.
J. No motor vehicle, either seized under 47 CNCA § 1504 or forfeited under
this section, shall be released by the seizing agency or used or sold by an
agency designated by the court unless any altered, counterfeited, defaced,
destroyed, disguised, falsified, forged, obliterated, or removed vehicle identifi-
cation number is corrected by the issuance and affixing of either an assigned or
replacement vehicle identification number plate as may be appropriate under
laws or regulations of the Nation.
K. No motor vehicle part having any altered, counterfeited, defaced, destroyed,
disguised, falsified, forged, obliterated, or removed vehicle identification
number shall be disposed of upon forfeiture except by destruction thereof,
except that this provision shall not apply to any such motor vehicle part which
is assembled with and constitutes part of a motor vehicle.
L. No motor vehicle or motor vehicle part shall be forfeited under this
section solely on the basis that it is unidentifiable. Instead of forfeiture, any
seized motor vehicle or motor vehicle part which is unidentifiable shall be the
subject of a written report sent by the seizing agency to the Department of
Public Safety which report shall include a description of the motor vehicle or
motor vehicle part, its color, if any, the date, time and place of its seizure, the
name of the person from whose possession or control it was seized, the grounds
for its seizure, and the location where the same is held or stored.
M. When a seized unidentifiable motor vehicle or motor vehicle part has
been held for sixty (60) days or more after the notice to the Department of
Public Safety specified in subsection L of this section, has been given, the
seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part
to be sold at public sale to the highest bidder. Notice of the time and place of
sale shall be posted in a conspicuous place for at least thirty (30) days prior to
the sale on the premises where the motor vehicle or motor vehicle part has
been stored.
N. When a seized unidentifiable motor vehicle or motor vehicle part has an
apparent value of One Thousand Dollars ($1,000.00) or less, the seizing agency
shall authorize the disposal of the motor vehicle or motor vehicle part, provided
that no such disposition shall be made less than sixty (60) days after the date of
seizure.
O. The proceeds of the public sale of an unidentifiable motor vehicle or
motor vehicle part shall be deposited in the Cherokee Nation Treasury after
deduction of any reasonable and necessary towing and storage charges.
P. Seizing agencies will utilize their best efforts to arrange for the towing
and storing of motor vehicles and motor vehicle parts in the most economical
manner possible. In no event shall the owner of a motor vehicle or a motor
vehicle part be required to pay more than the minimum reasonable costs of
towing and storage.
Q. A seized motor vehicle or motor vehicle part that is neither forfeited nor
unidentifiable shall be held subject to the order of the Cherokee Nation District
Court or, if a request for its release from such custody is made until the
Attorney General has notified the defendant or the defendant’s attorney of such
request and both the prosecution and defense have been afforded a reasonable
opportunity for an examination of the property to determine its true value and
to produce or reproduce, by photographs or other identifying techniques,
legally sufficient evidence for introduction at trial or other criminal proceedings.
Upon expiration of a reasonable time for the completion of the examination
which in no event shall exceed fourteen (14) days from the date of service
upon the defense of the notice of request for return of property as provided
herein, the property shall be released to the person making such request after
satisfactory proof of such person’s entitlement to the possession thereof. Notwithstanding
the foregoing, upon application by either party with notice to the
other, the court may order retention of the property if it determines that
retention is necessary in the furtherance of justice.
R. When a seized vehicle is forfeited, restored to its owner, or disposed of as
unidentifiable, the seizing agency shall retain a report of the transaction for a
period of at least one (1) year from the date of the transaction.
S. When an applicant for a certificate of title or salvage certificate presents
to the Cherokee Nation Tax Commission proof that the applicant purchased or
acquired a motor vehicle at a public sale conducted pursuant to this section
and such fact is attested to by the seizing agency, the Cherokee Nation Tax
Commission shall issue a certificate of title, salvage certificate for the motor
vehicle upon receipt of the statutory fee, properly executed application for a
certificate of title, or other certificate of ownership, and the affidavit of the
seizing agency that a state-assigned number was applied for and affixed to the
motor vehicle prior to the time that the motor vehicle was released by the
seizing agency to the purchaser.
LA 31-21, eff. June 18, 2021.
§ 1506. Institution of civil proceedings
A. The Attorney General, or any aggrieved person, may institute civil proceedings
against any person in the Cherokee Nation District Court seeking
relief from conduct constituting a violation of any provision of the Motor
Vehicle Chop Shop, Stolen and Altered Property Act. If the plaintiff in such a
proceeding proves the alleged violation, or its threat, by a preponderance of the
evidence, the court, after due provision for the rights of innocent persons, shall
grant relief by entering any appropriate order or judgment, including, but not
limited to:
1. ordering any defendant to be divested of any interest in any property;
2. imposing reasonable restrictions upon the future activities or investments
of any defendant, including prohibiting any defendant from engaging
in the same type of endeavor as the defendant was engaged in previously;
3. ordering the suspension or revocation of a license, permit, or prior
approval granted by any public agency or any other public authority; or
4. ordering the surrender of the charter of a corporation organized under
the laws of the Nation or of any state or the revocation of a certificate
authorizing a foreign corporation to conduct business within the Nation or
the state upon finding that the board of directors or a managerial agent
acting on behalf of the corporation, in conducting the affairs of the
corporation, has authorized or engaged in conduct made unlawful by the
Motor Vehicle Chop Shop, Stolen and Altered Property Act and that, for
the prevention of future criminal conduct, the public interest requires the
charter of the corporation be surrendered and the corporation dissolved or
the certificate revoked.
B. In a proceeding under this section, injunctive relief shall be granted in
conformity with the principles that govern the granting of relief from injury or
threatened injury in other cases, but no showing of special or irreparable injury
shall have to be made. Pending final determination of a proceeding under this
section, a temporary restraining order or a preliminary injunction may be
issued upon a showing of immediate danger of significant injury, including the
possibility that any judgment for money damages might be difficult to execute,
and, in a proceeding initiated by an aggrieved person, upon the execution of
proper bond against injury for an injunction improvidently granted.
C. Any person injured, directly or indirectly, by conduct constituting a
violation by any person of 47 CNCA § 1503 shall, in addition to any other relief,
have a cause of action for threefold the actual damages sustained by the person.
D. A final judgment or decree rendered against the defendant in any civil or
criminal proceeding shall estop the defendant in any subsequent civil action or
proceeding brought by any person as to all matters as to which the judgment or
decree would be an estoppel as between the parties to the civil or criminal
proceeding.
E. Notwithstanding any other provision of law providing a shorter period of
limitations, a civil action under this section may be commenced at any time
within five (5) years after the conduct made unlawful under 47 CNCA § 1503
terminates or the cause of action accrues or within any longer statutory period
that may be applicable. If any action is brought by a prosecutor to punish,
prevent or restrain any activity made unlawful under 47 CNCA § 1503, the
running of the period of limitations shall be suspended during the pendency of
such action and for two (2) years following its termination.
F. Personal service of any process in an action under this section may be
made upon any person outside the state if the person has engaged in any
conduct constituting a violation of 47 CNCA § 1503 in this Nation. The person
shall be deemed to have thereby submitted to the jurisdiction of the courts of
the Nation for the purposes of this provision.
G. Obtaining any civil remedy under this section shall not preclude obtaining
any other civil or criminal remedy under either this act or any other
provision of law. Civil remedies under this section are supplemental and not
mutually exclusive.
LA 31-21, eff. June 18, 2021.
Appendix A.
Cherokee Nation Bond Schedule
OFFENSE MIN BOND Plus $60.00 COURT
COST
Speeding
One to Ten miles per hour Over Limit $210.90 47 CNCA § 11-801
Eleven to Fifteen miles per hour Over Limit $248.90 47 CNCA § 11-801
Sixteen to Twenty miles per hour Over Limit $263.90 47 CNCA § 11-801
Twenty-one to Twenty-five miles per hour Over $303.90 47 CNCA § 11-801
Limit
Twenty-six to Thirty miles per hour Over Limit $363.90 47 CNCA § 11-801
Thirty-one to Thirty-five miles per hour Over $383.90 47 CNCA § 11-801
Limit
Thirty-six miles per hour or more Over Limit $433.90 47 CNCA § 11-801;
Speeding in a Construction or Maintenance Zone
One to Ten miles per hour Over Limit $248.90 47 CNCA § 11-806
Eleven to Fifteen miles per hour Over Limit $268.90 47 CNCA § 11-806
Sixteen to Twenty miles per hour Over Limit $298.90 47 CNCA § 11-806
Twenty-one to Twenty-five miles per hour Over $378.90 47 CNCA § 11-806;
Limit
Twenty-six to thirty miles per hour Over Limit $498.90 47 CNCA § 11-806;
Thirty-one to thirty-five miles per hour Over Lim- $536.90 47 CNCA § 11-806;
it
Thirty-six miles or more miles per hour Over $638.90 47 CNCA § 11-806;
Limit
Operating a Motor Vehicle in a Manner Not $278.90 47 CNCA § 11-801
Reasonable and Proper
Reckless Driving (First Offense Only.) $477.40 47 CNCA § 11-901
Reckless Driving (Second or Subsequent Offense) $527.40 47 CNCA § 11-901
Failure to Obey a Lawful Traffic Control (Sign) $233.90 47 CNCA § 11-201
(Signal)(Device)
Impeding the Normal and Reasonable Flow of $233.90 47 CNCA § 11-804.A
Traffic
Improper Passing
1. Failure to Give Way to Right when being $233.90 47 CNCA § 11-303.a
passed
2. Improper Passing on the Right $233.90 47 CNCA § 11-304.b
3. Passing Without Sufficient Clearance $233.90 47 CNCA § 11-305
Driving Left of Center
1. Unauthorized Driving Left of Center on $233.90 47 CNCA § 11-306.a-1
(Grades) (Curves) (View Obstructed)
2. Unauthorized Driving Left of Center within $233.90 47 CNCA § 11-306.a-2
100 of (Intersection) (Railroad Crossing)
3. Unauthorized Driving Left of Center within $233.90 47 CNCA § 11-306.a-3
100’ of any (Tunnel) (Bridge) (Viaduct) when
view is obstructed
4. On Left Side of Road in a Marked Zone $233.90 47 CNCA § 11-307.b
5. Unauthorized Driving Left of Center on Di- $233.90 47 CNCA § 11-301.c
vided Four-Lane Roadway
Driving Wrong Way on One-way Road $233.90 47 CNCA § 11-308.b
Improperly Crossing Center Dividing Section $233.90 47 CNCA § 11-311
Improperly Driving (Onto) (Off) Controlled-ac- $233.90 47 CNCA § 11-312
cess Roadway
Improper Movement from a Direct Course (To $233.90 47 CNCA § 11-604.a
enter private drive) (Driveway)
Failure to Signal Intention to Turn Right or Left $233.90 47 CNCA § 11-604.b
Failure to Stop for a Stop Sign $233.90 47 CNCA § 11-403.b
Changing Lanes Unsafely $233.90 47 CNCA § 11-309
Failure to Stop for a School Bus (Loading) (Un- $328.90 47 CNCA § 11-705.a
loading) Children
Failure to Wear Safety Belt $80.00 47 CNCA § 12-417
Failure to Use Child Passenger Restraint System $256.90 47 CNCA § 11-1112
Depositing, Dumping or Throwing Destructive or $418.40 21 CNCA § 1761.1
Injurious Material on Public Property
Improper Negotiation of a Railroad-Highway $233.90 47 CNCA § 11-1115
Grade Crossing by a Commercial Motor Vehicle
Failure to Stop/Improper Stop at a Railroad $233.90 47 CNCA § 11-701
Grade Crossing
Throwing, Dropping, Depositing or Placing Litter $228.40 21 CNCA § 1753
(Including Lighted Substances) on Highway,
Roadway or Public Property
Allowing a Passenger to Ride Outside the Passen- $85.00 47 CNCA § 11-1114
ger Compartment of the vehicle
Operating a Motor Vehicle with an Improper $233.90 68 CNCA § 11-1114
Brake System
Operating a Motor Vehicle Without a Valid (Op- $278.90 68 CNCA § 1263
erator’s) (Chauffeur’s) License
Violation of License Restriction $233.90 68 CNCA § 1263
Transporting Open Container in violation of 21 $338.90 21 CNCA § 1220
CNCA § 1220
Unlawfully Transporting Open Container of Alco- $268.90 21 CNCA § 1220
holic Beverage in a Vehicle (M)
Drunk in a Public Place (Name Place) $228.40 37 CNCA § 8
Failure to Carry Security Verification Form $223.90 68 CNCA § 1263
Failure to Pay All Taxes Due State or Nation $223.90 68 CNCA § 1258
Operating a Vehicle Without Current License $223.90 47 CNCA § 1261
Plates (Decal)
Operating a Motorcycle (Without) (Improper) $223.90 47 CNCA § 40-105
(Windshield) (Goggles) (Face Shields)
Overload, Any Axle or Gross Weight
From 700 up to and including 2,000 Pounds $268.90 47 O.S. § 14-109.A
From 2,001 up to and including 3,000 Pounds $318.90 47 O.S. § 14-109.A
From 3,001 up to and including 4,000 Pounds $368.90 47 O.S. § 14-109.A
From 4,001 up to and including 5.000 Pounds $418.90 47 O.S. § 14-109.A
From 5,001 up to and including 6,000 Pounds $468.90 47 O.S. § 14-109.A
From 6,001 up to and including 7,000 Pounds $518.90 47 O.S. § 14-109.A
From 7,001 up to and including 8,000 Pounds $568.90 47 O.S. § 14-109.A
From 8,001 up to and including 9,000 Pounds $618.90 47 O.S. § 14-109.A
From 9,001 up to and including 10,000 Pounds $668.90 47 O.S. § 14-109.A
Over 10,000 Pounds $688.90 47 O.S. § 14-109.A
Violating Special Permit, Exceeding Authorized Permit Weight in Accordance
with the Bond Schedule provided for in this section for Overload. Plus an
Additional One Hundred Dollars ($100.00).
LA 25-06, eff. October 19, 2006; LA 02-21, eff. Feb. 18, 2021.
Index to
Cherokee Nation Code Annotated
See Volume 5