Motor Carrier

 

 

Transportation of property or passengers, whether for-hire or private, in intrastate commerce and transportation of property or passengers for-hire in interstate commerce is regulated by the Oklahoma Corporation Commission.

 

The Commission enforces the federal motor carrier safety regulations for interstate motor carriers (http://www.fmcsa.dot.gov/rules-regulations/rules-regulations.htm and the federal motor carrier safety regulations as adopted by the State of Oklahoma for intrastate motor carriers (Department of Public Safety - OAC 595:35).

 

Several motor carrier programs are administered and enforced by the Commission through the Transportation Division.

 


Intrastate for-hire carriers

 

Intrastate private carriers

 

Intrastate household goods carriers

 

Interstate for-hire carriers, Interstate motor private carriers, brokers, freight forwarders and
leasing companies Unified Carrier Registration (UCR)

 

Deleterious Substance Transporters (DSTP)

 

Hazardous Waste Carriers Registrations and Permits (Alliance base state program - 7 states)

 

Truck Yard Wash Pits

 

USDOT number issuance (intrastate carriers only)

 

Insurance Limits And Forms

 

 

 

NOTE:  “Intra” means within the state.  “Inter” means between states.  Therefore, if a shipment is picked up and delivered within Oklahoma - it is typically intrastate transportation.  If a shipment crosses state lines - it is typically interstate transportation.



Intrastate For-Hire Carriers

 

 

Rule Reference: OAC 165:30-1 General Provisions

                              OAC 165:30-3 Intrastate For-Hire Motor Carriers

                              OAC 165:30-7 Procedural Rules

 

Carriers transporting passengers or property for-hire within the State of Oklahoma are required to obtain an intrastate for-hire motor carrier license.  Note: Intrastate carriers of household goods are required to obtain a household goods certificate.

 

Intrastate licenses are issued for a period of one year and must be renewed annually.

 

Licenses are issued in accordance with the type of operations the motor carrier is conducting such as property, passenger, deleterious substances and/or hazardous materials, and are issued for statewide operations.

 

A motor carrier will, through the licensing program, file and maintain continuous proof of proper liability insurance on file to protect the public (insurance limits are based upon the type of carrier operations), purchase an annual identification device for each vehicle conducting motor carrier operations and obtain a current rule book.

 

Additional identification devices (stamps placed on a cab card or copy of license inside the vehicle or stickers placed on the side of the power unit) are renewed annually.  Additional identification devices may be purchased throughout the year if additional vehicles or replacement vehicles are added to the carriers fleet.

 

New applicants intending to operate equipment subject to the federal motor carrier safety regulations will have their safety record reviewed to determine if the carrier should be scheduled to attend an Educational Compliance Workshop.  Workshops are held once a month in Tulsa (see map) and once a month in Midwest City at the Tom Steed Center (see map) or the Professional Training & Education Center (see map).  Failure of the applicant to attend the scheduled workshop or to show compliance with the federal motor carrier safety regulations at or immediately after the workshop will cause the application to be dismissed.

 

Carriers must additionally provide that its operations prevent unsafe and overloading of vehicles on roadways.

 

Carriers meeting all requirements for their annual license are not required to appear at a public hearing before a Commission Administrative Law Judge (ALJ), unless otherwise directed.

 

Forms may be downloaded MCAPPSLIST.HTM.

 


Intrastate Private Carriers

 

 

Rule Reference: OAC 165:30-1 General Provisions

                              OAC 165:30-7 Procedural Rules

                              OAC 165:30-15 Intrastate Private Motor Carriers

 

Carriers utilizing equipment with a GVWR or GCWR of more than 26,000 pounds transporting property within the State of Oklahoma are required to obtain an intrastate private motor carrier license.

 

Intrastate licenses are issued for a period of one year and must be renewed annually.

 

Licenses are issued in accordance with the type of operations the motor carrier is conducting such as property, deleterious substances and/or hazardous materials, and are issued for statewide operations.

 

A motor carrier will, through the licensing program, file and maintain continuous proof of proper liability insurance on file to protect the public (insurance limits are based upon the type of carrier operations) and obtain a current rule book.

 

New applicants intending to operate equipment subject to the federal motor carrier safety regulations will have their safety record reviewed to determine if the carrier should be scheduled to attend an Educational Compliance Workshop.  Workshops are held once a month in Tulsa (see map) and once a month in Midwest City at the Tom Steed Center (see map) or the Professional Training & Education Center (see map).  Failure of the applicant to attend the scheduled workshop or to show compliance with the federal motor carrier safety regulations at or immediately after the workshop will cause the application to be dismissed 

 

Carriers must additionally provide that its operations prevent unsafe and overloading of vehicles on roadways.

 

Carriers meeting all requirements for their annual license are not required to appear at a public hearing before a Commission Administrative Law Judge (ALJ), unless otherwise directed.

 

Forms may be downloaded MCAPPSLIST.HTM.


Intrastate Household Goods Carriers

 

Rule Reference: OAC 165:30-1 General Provisions

                              OAC 165:30-7 Procedural Rules

                              OAC 165:30-13 Intrastate Certificates or Permits

 

Intrastate motor carriers of household goods (used personal effects of a dwelling) are required to obtain a certificate of public convenience and necessity or permit.  Certificates of public convenience and necessity do not expire.

 

Intrastate motor carriers of household goods are required to file proof of proper liability insurance to protect the public, file proof of proper cargo insurance (insurance limits are based upon the type of carrier operations), file an affidavit that attests to the carriers compliance with the adopted tariffs and purchase an appropriate number of annual identification devices for each vehicle conducting motor carrier operations.

 

Additional identification devices (stamps placed on a cab card or copy of license inside the vehicle or stickers placed on the side of the power unit) are renewed annually.  Additional identification devices may be purchased throughout the year if additional vehicles or replacement vehicles are added to the carriers fleet.

 

New applicants intending to operate equipment subject to the federal motor carrier safety regulations will have their safety record reviewed to determine if the carrier should be scheduled to attend an Educational Compliance Workshop.  Workshops are held once a month in Tulsa (see map) and once a month in Midwest City at the Tom Steed Center (see map) or the Professional Training & Education Center (see map).  Failure of the applicant to attend the scheduled workshop or to show compliance with the federal motor carrier safety regulations at or immediately after the workshop will cause the application to be dismissed.  This information will be provided to the ALJ during the hearing.   

 

The carrier must additionally provide that its operations prevent unsafe and overloading of vehicles on roadways.

 

A notice of hearing, prepared by the Commissions Court Clerks Office after the application is file, must be published.

 

Forms may be downloaded MCAPPSLIST.HTM.

 

  

Interstate For-Hire Carriers, Interstate Motor Private Carriers,
Brokers, Freight Forwarders and Leasing Companies
Unified Carrier Registration (UCR)

Rule Reference:  OAC 165:30-1 General Provisions

                            OAC 165:30-7 Procedural Rules

OAC 165:30-12-1 Interstate Motor Carriers, Freight Forwards,

Leasing Companies and Brokers

 

If you operate a truck or bus in interstate or international commerce, or if you make the arrangements for the transportation of cargo and goods, the Unified Carrier Registration Agreement (UCR) applies to your business.  The UCR requires individuals and companies, based in Oklahoma, that operate commercial motor vehicles in interstate or international commerce to register their business with Oklahoma and pay an annual fee based on the size of their fleet.  Companies operating solely as brokers, freight forwarders or leasing companies are also required to register their business and pay an annual fee.  Companies providing both motor carrier services as well as broker, freight forwarder or leasing services are required to pay the fee level set at the motor carrier level. 

 

A “commercial motor vehicle” is defined as a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo, in the vehicle:

            a.  has a gross vehicle weight rating or gross vehicle weight of 10,001 pounds or more

            b.  is designed to transport 11 or more passengers (including the driver)

            c.  is used in transporting hazardous materials in a quantity requiring placarding

 

The UCR program requires an annual fee with the registration period beginning in August and continuing through December of each year for the following year.  You may complete registration on a national web base system at www.ucr.in.gov , or with your base state that you are physically located in. 

 

Forms may be downloaded from www.occeweb.com  or by contacting the Oklahoma Corporation Commission, Transportation Division, Requirements Section at (405) 521-2251.

 



Deleterious Substance Transporters

(Deleterious Substance Transport Permit - DSTP)

 

Rule Reference: OAC 165:30-3-13 Deleterious Substance Transport Permit

 

Carriers transporting deleterious substances (oilfield related waste, such as tank bottoms, drilling mud, etc.), whether in intrastate or interstate commerce, must hold a current DSTP.  DSTPs are renewed annually.

 

The carrier must also show proof of access to a licensed disposal site for deleterious substances.

 

Carriers transporting in intrastate for-hire commerce, intrastate private carriage, interstate exempt for-hire carriage or interstate regulated carriage must additionally be registered under the respective authority programs.  The DSTP is an additional requirements of deleterious substance transporters.

 

If a carrier additionally temporarily stores deleterious substances in a truck yard pit, a truck yard pit permit must be acquired.

 

Forms may be downloaded MCAPPSLIST.HTM .


Hazardous Waste Carriers Registrations and Permits

(Alliance Base State Program - 7 States)

 

Rule Reference: OAC 165:30-1 General Provisions

                              OAC 165:30-7 Procedural Rules

                              OAC 165:30-17 Hazardous Waste Transporters

 

The Commission administers a uniform program to register and permit carriers transporting hazardous materials.   The Commission’s procedures are in accordance with those set forth by the Alliance for Uniform Hazardous Material Transportation Procedures (the Alliance).

 

The Alliance is a base state system for registering and permitting hazardous materials carriers through a single state and distributing fees as appropriate to participating states.  The Alliance permit is honored in all participating states.

 

Carriers domiciled in Oklahoma or having plurality of mileage in Oklahoma will utilize the Oklahoma Corporation Commission to register their hazardous materials or hazardous waste transportation in and/or through all participating states.

 

For transportation of hazardous waste in and/or through Oklahoma of a type and amount that must be listed on the Uniform Hazardous Waste Manifest (Form 8700-22), registration with an Alliance participating state  is required.   Payment for activity through participating states will be collected upon annual renewal of the registration.

 

Carriers transporting in intrastate for-hire commerce, intrastate private carriage, interstate exempt for-hire carriage or interstate regulated carriage must additionally be registered under the respective authority programs.  The hazardous waste registration and permit is an additional requirements of hazardous waste transporters.

 

Link to AllianceContacts.pdf 

Link to Haz_W_FAQs.pdf

 

Forms may be downloaded MCAPPSLIST.HTM .


Truck Yard Wash Pits

 

 

Rule Reference: OAC 165:30-3-92 Pollution Abatement

 

Carriers transporting deleterious substances, desiring to temporarily store wash-out fluids from tank trucks, must construct and maintain a wash out pit in accordance with Commission regulations.  Fluids temporarily stored in a washout pit will ultimately be properly disposed of in a permitted disposal well (permitted by the Oil and Gas Division of the Oklahoma Corporation Commission).

 

Carriers transporting in intrastate for-hire commerce, intrastate private carriage, interstate exempt for-hire carriage or interstate regulated carriage must additionally be registered under the respective authority programs.  Carriers of deleterious substances must additionally obtain a DSTP.  The truck yard pit permit is an additional requirements of deleterious substance transporters that temporarily store deleterious substances in a truck yard pit.

 

Forms may be downloaded MCAPPSLIST.HTM .


USDOT Number Issuance (Intrastate Carriers Only)

 

Rule Reference: OAC 165:30-3-17 Markings

 

All intrastate carriers subject to the Commission’s licensing rules must obtain an display a USDOT number for identification purposes.

 

The Commission issues USDOT numbers for intrastate carriers (not subject to federal regulations) with an OK designation proceeding the USDOT number.

 

Each power unit, operated under a carrier’s license, must be properly marked.  Markings shall be in compliance with the Federal Motor Carrier Safety Regulations, 49 CFR Part 390.21 (b)-(d) which read as follows:

 

(b) Nature of marking. The marking must display the following information:
      (1) The legal name or a single trade name of the motor carrier operating the self-propelled CMV.

 

      (2)  The motor carrier identification number issued by the FMCSA, preceded by the letters ''USDOT''.

      (3)  If the name of any person other than the operating carrier appears on the CMV, the name of the operating carrier must be followed by the information required by paragraphs (b)(1), and (2) of this section, and be preceded by the words ``operated by.''

(c) Size, shape, location, and color of marking. The marking must--

      (1) Appear on both sides of the self-propelled CMV;

      (2) Be in letters that contrast sharply in color with the background on which the letters are placed;

      (3) Be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary; and

      (4) Be kept and maintained in a manner that retains the legibility required by paragraph (c)(3) of this section.

(d) Construction and durability. The marking may be painted on the CMV or may consist of a removable device, if that device meets the identification and legibility requirements of paragraph (c) of this section, and such marking must be maintained as required by paragraph (c)(4) of this section.

 

Forms may be downloaded MCAPPSLIST.HTM .


 Insurance Limits and Forms

 

Carriers must contact their insurance agent to contact their insurance company (or underwriter) to provide the necessary insurance filing(s) directly to the Oklahoma Corporation Commission, Transportation Division.

 

Limits as specified in the Commission’s Motor Carrier Rules are as follows (please see OAC 165:30 for the entire insurance rule(s):

 

A.  Minimum liability insurance limits as set forth in 49 CFR Part 387 shall also be applicable to intrastate operations unless otherwise specified in subsections (b)(1)-(4).  A Form E liability insurance filing is typically required for intrastate authority or interstate exempt (IRC) authority.  A copy of the BMC 91 or BMC 91X (as filed with FMCSA) is required for SSRS.

B.   (1)  Motor carriers of property using vehicles with a gross vehicle weight rating (GVWR or GCWR) of 10,000 pounds or more:

(A)  Transporting non-hazardous commodities or transporting hazardous waste, materials or substances not listed in 49 CFR Part 387.9 - $750,000.

(B)  Transporting hazardous waste, materials, or substances as required by 49 CFR Part 387.9.

(2)  Motor carriers of property using only vehicles with a GVWR (or GCWR) under 10,000 pounds:

(A)  Transporting commodities not listed in (B) of this paragraph - $300,000.

(B)  Transporting hazardous waste, materials or substances - as required by 49 CFR Part 387.9.

(3) Motor carriers of the following types of property, materials and products (also known or identified as restricted property) - $350,000:

(A) Sand, rock, gravel, rip-rap, aggregate or dirt.

(B)  Asphaltic mixtures and similar mixtures and compositions (excluding concrete and concrete mixtures) used in road, highway and other ground surface paving.

(C)  Unprocessed forestry products and by products thereof not in a finished state.

(D)  Unprocessed agricultural commodities.

(E)  Ordinary livestock.

(4)  Motor carriers of passengers (seating capacity includes the driver):

(A)  Taxicab service utilizing vehicles having a seating capacity of less than 7 passengers not operated on a regular route or between specified points - $100,000.

(B)  Utilizing vehicles having a seating capacity of 15 passengers or less, other than as described in (A) of this paragraph - $1,000,000.

(C)  Utilizing vehicles having a seating capacity of 16 or more passengers - $5,000,000.

      (5)  Motor carriers of household goods - $750,000.

C.  Every intrastate motor carrier of household goods shall file with, and be approved by, the Commission an additional certificate on Form H or J that there is in effect a valid bond or insurance policy issued by a State Insurance Commission authorized provider, in the amount of at least Five Thousand ($5,000) Dollars covering each household goods carrying vehicle operated by the motor carrier for the benefit of all persons who may suffer damage to property while in possession of said motor carrier of household goods.