(A) Every owner of a motor vehicle registered in the state shall carry in a vehicle, at all times, a current and valid owner's security verification form, as defined in 47 O.S. § 7-601.1, listing the vehicle or a current and valid equivalent form which has been issued by the Department of Public Safety, which shall be produced by any driver thereof upon request for inspection by any law enforcement officer, and in case of collision, the form shall be shown upon request to any person affected by the collision. (Prior Code, § 16-1305)
(B) Every operator of a motor vehicle registered in the state shall, while operating or using the vehicle, carry either a current and valid operator's or a current and valid owner's verification form, as defined in 47 O.S. § 7-601.1, issued by an insurance carrier, providing the operator is not excluded from coverage thereon, or an equivalent form issued by the Department of Public Safety reflecting liability coverage. (Prior Code, § 16-1306)
(C) The following shall not be required to carry an owner's or operator's security verification form or an equivalent form issued by the Department of Public Safety:
(1) Any vehicle owned or leased by the federal or state government or any agency or political subdivision thereof;
(2) Any vehicle bearing the name, symbol or logo of the business, corporation or utility on the exterior, and which is in compliance with the Compulsory Insurance Law according to the records of the Department of Public Safety, which reflect a deposit, bond, self-insurance or fleet policy;
(3) Any vehicle authorized for operation under a permit number issued by the Interstate Commerce Commission or State Corporation Commission;
(4) Any licensed taxicab; and
(5) Any vehicle owned by a licensed used motor vehicle dealer.
(Prior Code, § 16-1307)
(D) (1) Any owner or operator who fails to produce for inspection a valid and current security verification form or equivalent form which has been issued by the Department of Public Safety upon request of any police officer, or other authorized person, shall be guilty of an offense.
(2) Any person producing proof in Court that a current security verification form or equivalent form, which has been issued by the Department of Public Safety, reflecting liability coverage for the person was in force at the time of the alleged offense, shall be entitled to dismissal of the charge upon payment of court costs.
(Prior Code, § 16-1308)
(E) A police officer, to establish compliance with the Compulsory Insurance Law during a traffic stop or accident investigation, shall access information from the online verification system to verify the current validity of the policy described on a security verification form produced by the operator of each motor vehicle during the traffic stop or accident investigation. If compliance is not confirmed for the policy described on the security verification form produced by the operator and a subsequent investigation conducted by the officer verifies that the operator is not in compliance or if no security verification form is produced, the officer shall issue a citation to the operator for failure to comply with the Compulsory Insurance Law. Establishing compliance with the Compulsory Insurance Law through the online verification system shall not be the primary cause for law enforcement to stop a motor vehicle; and
(F) Any law enforcement officer who has been notified that the driving privilege of a person has been suspended, upon observing the person or motor vehicle anywhere upon a public street, highway, roadway, turnpike, or public parking lot, may stop the person or motor vehicle, seize the driver license of the person, seize the vehicle being operated by the person, and cause the vehicle to be towed and stored as provided in §§ 70.125 through 70.140 of this title, if the officer has probable cause to believe that the vehicle is not insured as required by the Compulsory Insurance Law of this state.
(G) An owner or operator who fails to comply with the Compulsory Insurance Law, or who fails to produce for inspection a valid and current security verification form or equivalent form which has been issued by the Department of Public Safety upon request of any peace officer, representative of the Department of Public Safety, or other authorized person, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $250, or imprisonment for not more than 30 days, or by both such fine and imprisonment. Upon issuing a citation under this section, the officer issuing the citation may seize the vehicle being operated by the person and cause the vehicle to be towed and stored as provided by 47 O.S. § 955, if the officer has probable cause to believe that the vehicle is not insured as required by the Compulsory Insurance Law of this state. If the operator of the vehicle produces what appears to be a valid security verification form and the officer is unable to confirm compliance through the online verification system or noncompliance by a subsequent investigation, the officer shall be prohibited from seizing the vehicle and causing such vehicle to be towed and stored. Further, no vehicle shall be seized and towed under the provisions of this division (G) if the vehicle is displaying a temporary license plate that has not expired pursuant to the provisions of 47 O.S. §§ 1137.1 and 1137.3.
(H) An owner other than an owner of an antique or a classic automobile as defined by the Oklahoma Tax Commission who files an affidavit that a vehicle shall not be driven upon the public highways or public streets, pursuant to 47 O.S. § 7-607, who drives or permits the driving of the vehicle upon the public highways or public streets, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500, or imprisonment for not more than 30 days, or by both such fine and imprisonment.
(I) A sentence imposed for any violation of the Compulsory Insurance Law may be suspended or deferred in whole or in part by the court.
(J) Any person producing proof in court that a current security verification form or equivalent form which has been issued by the Department of Public Safety reflecting liability coverage for the person was in force at the time of the alleged offense shall be entitled to dismissal of the charge upon payment of court costs; however, if proof of security verification is presented to the court by the assigned court appearance date, the court shall access information from the online verification system and, if compliance is confirmed, the charge shall be dismissed without payment of court costs.
(K) Upon conviction, bond forfeiture, or deferral of sentence, the court clerk shall forward an abstract to the Department of Public Safety within ten days reflecting the action taken by the court.
(Ord. 1237, passed 5-17-83; Am. Ord. 1843, passed 11-3-10)