Okla. Admin. Code § 260:70-9-1

Current through Vol. 42, No. 8, January 2, 2025

Section 260:70-9-1 - Driver and vehicle safety standards for motor vehicle operations

To protect the general public, as well as the state and other covered entities' property and their employees, the rules contained in OAC 260:70-9 shall apply:

(1)Primary requirements. It being imperative to assure the driving public that state vehicles will be operated properly and by trained individuals, State Risk Management reserves the right to insure for liability insurance only those state employees or volunteers it deems insurable. To facilitate this right, Risk Management may, from time to time, request Motor Vehicle Records (MVR's) from the Department of Public Safety. Any information found on the report that may be negative towards the driving record of the individual employee may be cause for Risk Management to inform the employing agency of said employee that the driver is uninsurable and that in the event of a loss involving said employee, Risk Management will refuse to pay for such loss(es) out of the Risk Management Comprehensive Risk Pool. Losses incurred under such conditions shall be borne by the employing agency. In addition to the above, the following are minimum requirements:

(A) To operate a vehicle of any type, an individual must have a valid driver license. Risk Management may assist agencies in checking whether an employee has a valid Oklahoma driver license.

(B) Driver will use the vehicle only for state or other covered entity business within the scope of the driver's employment/authority.

(C) Driver will wear his/her safety belt.

(D) Driver will observe all traffic laws.

(E) Driver will not allow an unauthorized person to drive the vehicle.

(F) Consumption of alcoholic beverages or narcotics prior to the operation of a vehicle is prohibited.

(2)Specific requirements.

(A) It shall be unlawful for any driver of any vehicle to operate said vehicle without a valid driver license, pursuant to 47 O.S., Section 6-101 et seq. Drivers will carry a valid driver license at all times, pursuant to 47 O.S., Section 6-112.

(B) Any volunteer or employee who operates a state or other covered entity vehicle regularly or occasionally is required to report suspension or revocation of his/her license to their agency. Failure of an employee or volunteer to report a change in license status may result in denial of insurance coverage by the Risk Management Department in the event of an accident, pursuant to 260:70-9-1(3)(B).

(C) All items or materials, which may move around during transport by truck or trailer, will be secured or tarped.

(D) No more than three (3) persons will ride in the front seat of a state or other covered entity vehicle. Where only two single seats exist, only one rider may ride in each seat.

(E) Drivers of state or other covered entity vehicles will drive in a courteous manner at all times.

(F) Emergency vehicles under emergency situations are exempt from normal motor vehicle laws, but are required to exercise due regard for the safety of all persons pursuant to 47 O.S., Section 11-106.

(G) Any Driver of a motor vehicle involved in an at-fault accident or accidents while functioning as an agent of the State and in which the driver acted negligently (and caused personal injury and/or property damage) shall be required to attend and successfully complete a Motor Vehicle Improvement (MVI) course. Such course shall be approved by the State Risk Management Department and must be attended within six (6) months of the date of the accident being determined as at-fault. Failure to successfully complete an approved MVI course shall result in the driver of the state vehicle being declared uninsurable by the State Risk Management Administrator until the driver successfully completes the required course.

(H) Any driver of a motor vehicle, while functioning as an agent of the State, that is involved in two at-fault accidents in a twelve (12) month period shall, in addition to paragraph G, be declared uninsurable by the Risk Management Administrator for a period of three (3) months following the second accident.

(I) Special equipment such as tractor-trailers, mowers, construction equipment, mobile cranes, fork lifts and emergency vehicles shall not be operated without adequate training provided by the Agency and authorization by the agency in charge.

(3)Maintenance requirements.

(A) Before operating a state or other covered entity vehicle, the driver is responsible for checking to see that all necessary safety equipment and control devices are in good condition. These items should include;

(i) Lights.

(ii) Directional signals.

(iii) Steering wheel.

(iv) Brakes

(v) Rear-view and side-view mirrors.

(vi) Horn.

(vii) Tires.

(viii) Safety belts

(ix) Windshield wipers.

(x) Defroster.

(B) For vehicles used to transport people, such as an activity bus or van, the following items in addition to those listed in 260:70-9-1(4)(A) should be checked for emergency use:

(i) Reflectors.

(ii) Fire extinguisher, type B-C.

(iii) First aid kit.

(4)Safety standards for other covered entities entitled to services from the Risk Management Program. To meet eligibility criteria for approval and participation under the State Risk Management Program, drivers and vehicles shall meet or exceed the following requirements;

(A) Drivers of fire apparatus shall have a valid driver license to drive the vehicle.

(B) There shall be documentation of the driver license for any individual who drives or may be required to drive a vehicle.

(C) Drivers of fire apparatus must be thoroughly trained and the training documented.

(D) Each other covered entity shall have a written policy that sets forth speed limits for its vehicles on emergency runs.

(E) All emergency vehicles shall be provided with audible and visible warning devices. These devices shall be kept in proper working order and utilized without fail on emergency runs.

(F) Wheel chocks must be used for rear wheels while using any aerial ladder apparatus to help prevent the apparatus from slipping.

(G) There shall be a preventive maintenance program in place to ensure that all emergency vehicles are maintained in a safe condition. This list is not meant to be a complete listing, but only a guide. The following items are suggested safety areas that should be checked:

(i) Visible and audible signals

(ii) Lighting system.

(iii) Tires.

(iv) Steering

(v) Brake system air tanks.

(vi) Brake fluid.

(vii) Windshield wipers.

(viii) Rear view mirrors.

(H) Applications of risk management coverage, pursuant to Section 85.58A of Title 74, are subject to review by the Administrator. The review may include a physical inspection of the vehicles and related records.

(I) Other covered entities are subject to random safety and loss prevention inspections of equipment for as long as they choose to participate in the State Risk Management Program.

(J) Non-compliance with safety standards as required by the Administrator could result in a denial to participate in the program or cancellation of coverage.

Okla. Admin. Code § 260:70-9-1

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahome Register, Volume 33, Issue 23, August 15, 2016, eff. 8/25/2016

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023