§ 47-12-101 — 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: 1. Equipment required by the United States Department of Transportation pursuant to 49 C.F.R., Chapter V; or 2. 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.

Legislative History

Added by Laws 1961, p. 393, § 12-101, eff. Sept. 1, 1961. Amended by Laws 1993, c. 13, § 2, emerg. eff. March 24, 1993; Laws 2001, c. 243, § 3, eff. Nov. 1, 2001; Laws 2003, c. 411, § 17, eff. Nov. 1, 2003; Laws 2004, c. 5, § 44, emerg. eff. March 1, 2004; Laws 2005, c. 50, § 4, eff. Nov. 1, 2005; Laws 2007, c. 62, § 15, emerg. eff. April 30, 2007; Laws 2008, c. 302, § 2, emerg. eff. June 2, 2008. NOTE: Laws 2003, c. 199, § 9 repealed by Laws 2004, c. 5, § 45, emerg. eff. March 1, 2004.