|•||Oklahoma Corporation Commission citations do NOT affect the motor carrier’s safety rating.|
|•||Oklahoma Corporation Commission citations do NOT affect the driver’s motor vehicle record.|
|•||Oklahoma Corporation Commission citations are issued to and the responsibility of the motor carrier, not the driver.|
|•||If you do not wish to contest the citation, you do NOT need to request a hearing.|
|•||If you would like to request a hearing, click the Hearing Request Form.|
1. I received a citation. Do I have to go to court? No, you do not. You may pay the fine amount listed on the citation and no other action is required. If you’ve already paid a bond at the time of receiving the citation then no further action is required. The bond will be forfeited and used to pay the citation. If you did not pay a bond at the time of receiving a citation you will be required to do so if you do not request a hearing.(See Question 15 – How do I pay the citation?) You may also request a hearing if you wish to contest the citation. (See Question 5- How do I contest a citation?)
2. Who may contest the citation - the motor carrier or the driver? While the citations are physically given to the driver of the vehicle, the citations are issued to the motor carrier operating the vehicle. The motor carrier is ultimately responsible for the citation. If a driver wishes to contest a citation on behalf of a motor carrier, he/she may do so, but will likely be limited to making a statement to the court at the hearing.
3. Will this citation go on my driving record? No. Citations issued by the Corporation Commission’s enforcement officers are civil violations and are typically issued to the motor carrier, not the driver. These citations are not made a part of the driver’s MVR (motor vehicle record).
4. Will this citation show up on my company’s safety history? No. Citations issued by the Corporation Commission’s enforcement officers are civil violations and are not routinely submitted to Federal Motor Carrier Safety Administration for safety analysis.
5. How do I contest a citation? To request a hearing, the motor carrier must submit a Hearing Request Form with 10 calendar days of receiving the citation. Once a completed request for hearing is received, a hearing date will be scheduled with the court and you will be notified via email of the hearing date and time. It is important to note that the citation is issued to the motor carrier, not the driver.
6. Do I need an attorney to represent me in court? That depends. If the motor carrier is an LLC or corporation, the motor carrier will need an attorney to represent them at a hearing. Without an attorney, an LLC or corporation may have a representative make a brief statement of fact to the Court during the hearing. Motor carriers who are natural persons (individuals that operate under their own name) may represent themselves at the hearing or be represented by an attorney.
7. What happens if I don’t contest the citation or request a hearing and do not appear? The Administrative Law Judge will find the motor carrier guilty and assess the fine shown on the citation. If the bond amount has already been paid, the bond will convert to the fine and no further action on behalf of the motor carrier is necessary. If the bond hasn’t been paid, the motor carrier must pay the fine amount immediately to prevent future delinquent notices, additional penalties, and/or detainment of company vehicles. (See Question 15 – How do I pay the citation?)
8. If I decide to request a hearing, do I have to appear in person for the hearing? No. hearings will ONLY be held electronically by video or telephone, unless an in-person appearance is specifically ordered by the judge.
9. If I go to court and I lose, do I have to pay court costs? No, you will not. The Corporation Commission does not assess additional fees or costs in addition to the amount of any fine assessed by the Administrative Law Judge.
10. I fixed the problem that caused me to get this citation. Can I get the citation dismissed or get my money back? You will still need to submit a Hearing Request Form and supply any supporting documentation or information. An attorney for the Transportation Division will review the information. The attorney may be able to offer to make a recommendation to the court to reduce the fine, reduce the violation, or dismiss the citation. If no recommendation is made or you do not agree to accept an offer, you will have to present your case to the court for consideration. If you do not wish to contest your citation before the court date but after submitting additional information, you may withdraw your request for hearing by submitting a statement in writing to the court stating you wish to withdraw your hearing request.
11. How do I appear for court? Instructions for attending a hearing electronically will be included with the hearing notification information. The hearing will be conducted by video or over the telephone, unless otherwise ordered by the Court.
12. What information do I need for court? Any documentation or information that may be used to support your claim must be provided to the Transportation Division attorney at least 3 days prior to the scheduled hearing date in order to be used in the hearing. An attorney for the Transportation Division will review the information and may be able to offer to make a recommendation to the court to reduce the fine, reduce the violation, or dismiss the citation.
13. I just found this citation and the time for contesting has already passed. Is it too late to contest the citation? Every citation issued has a Commission order that addresses it. Commission orders become final (cannot be changed) thirty days after they’re signed. If the order is not yet final, you can file a “Motion to Reopen Cause” in accordance with Commission rules OAC 165:30-5 and seek a rehearing on the citation.
14. How can I tell if the citation is already paid? On your copy of the citation, in the upper right hand corner, is your receipt.
15. How do I pay the citation? If bond has not already been posted (See Question 14 - How do I tell if the citation is already paid?), mail a check or money order for the amount of the bond/fine to the Commission’s Cashier. Please reference the MCC number with your correspondence or enclose a copy of the citation. If you wish to pay with a third-party company check (such as Comchek, T-Chek, EFS, TCH, etc.), or with a credit card, please contact the Enforcement Section. Please be aware that credit cards processed through VitalChek have an upcharge added.
16. Why did I receive this citation? A violation that cites “47 O.S.” lists the state statute the officer believes was violated. You can find Oklahoma statutes online. A violation that cites OAC lists the rule the officer believes was violated. You can find Oklahoma rules online.