Okla. Admin. Code § 165:30-7-6

Current through Vol. 42, No. 7, December 16, 2024

Section 165:30-7-6 - Applications and requests

(a) All intrastate motor carrier, private carrier, transportation network company, deleterious, hazardous waste, registration and fuel permit applications must bear an original acceptable signature of the applicant. The applicant must be a legal entity with an optional single trade name listed that is not a legal entity. If signed by an attorney or agent in lieu of the applicant, a copy of the power of attorney must be attached to the application.

(b) Acceptable signatures on applications for authority are as follows:

(1) Sole proprietorship - sole proprietor.

(2) Partnership - one of the partners.

(3) Corporation - one of the officers or directors.

(4) Limited liability company - the manager.

(c) A name change relating to a partnership or a request to cancel a partnership must be signed by all partners.

(d) All motor carrier and commercial motor vehicle applications filed by an applicant which does not maintain a terminal in Oklahoma must file and maintain a current listing of a valid Oklahoma process agent on behalf of the applicant.

(e) All applications for authority shall contain the USDOT number of the operating motor carrier. Applications for registration shall additionally contain the USDOT number of the owner of each vehicle, and the registrant.

(f) Motor carriers obtaining a name change with FMCSA in association with the motor carrier's DOT number must immediately update the name and/or trade name on the Commission issued authority, registrations, fuel licenses or permits. The Commission may require a name change or an application for new authority. Motor carriers obtaining a name change on Commission issued authority, registration, fuel licenses or permits must immediately obtain a name change with FMCSA in association with the motor carrier's DOT number. Failure to have the motor carrier name and trade name, if any, identically shown on all authority, registrations, fuel licenses or permits may subject the motor carrier to penalties, suspension, revocation, roadside enforcement delays or delays in processing subsequent applications.

(g) Motor carriers changing their email, mailing or physical address with FMCSA in association with the motor carrier's DOT number must immediately update address(es) on the Commission issued authority, registrations, fuel licenses or permits. In the event the Commission determines a motor carrier has changed its address(es) with FMCSA prior to notifying the Commission, may cause the Commission to update its records to reflect the updated address(es) on file with FMCSA. The motor carrier may notify the Commission in writing if it chooses to maintain separate address(es) on file with the Commission from the address(es) on file with FMCSA. Failure to have current address(es) on file for authority, registrations, fuel licenses or permits may subject the motor carrier to penalties, suspension, revocation, roadside enforcement delays or delays in processing subsequent applications.

(h) An application for authority, commercial vehicle registration or fuel permit may not be processed when the motor carrier or the motor carrier responsible for safety has not updated its USDOT number within the prior twenty-four (24) months. Failure to update the USDOT number may subject the authority to revocation.

(i) Failure to properly complete any application may result in delay or denial of the relief sought.

(j) Applications may be denied due to outstanding monies owed to the Commission or other state or federal agencies.

(k) Interstate authority, fuel permits and registration cannot be issued to a motor carrier whose ability to operate in interstate commerce has been denied or revoked.

(l) If a fee is required for an application, and the funds are returned unpaid, any document or privilege granted as a result of that application shall be immediately revoked without notice. The document or privilege shall be reinstated provided valid payment is received in a timely manner.

Okla. Admin. Code § 165:30-7-6

Amended at 14 Ok Reg 2539, eff 7-1-97; Amended at 18 Ok Reg 23, eff 10-11-00 (emergency); Amended at 18 Ok Reg 2384, eff 7-1-01; Amended at 23 Ok Reg 2325, eff 7-1-06; Amended at 25 Ok Reg 1546, eff 7-1-08; Amended at 29 Ok Reg 951, eff 7-1-12

Amended by Oklahome Register, Volume 33, Issue 23, August 15, 2016, eff. 9/1/2016

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017

Amended by Oklahoma Register, Volume 36, Issue 21, July 15, 2019, eff. 8/1/2019