A. Definitions: The following terms, as used in this section, are hereby defined to have the meanings set out below:
COMMERCIAL AUTO COVERAGE: Coverage provided to an insured, regardless of the number of vehicles or entity covered, under a commercial auto, garage or truckers coverage form or rated from either a commercial manual or rating rule as filed and approved by the State Insurance Department. Vehicle type and ownership are not necessarily the primary factors in either underwriting the coverage or rating the coverage.
COMPULSORY INSURANCE LAW: The law requiring liability insurance, which provides the minimum vehicle liability limits, in conjunction with the operation of a motor vehicle in this State as found in 47 Oklahoma Statutes section 7-600 et seq., as amended.
OPERATOR'S POLICY: A policy of motor vehicle liability insurance which shall insure the named person against loss from the liability imposed upon the named person by law for damages arising out of the operation or use by the named person of any motor vehicle not owned by the named person, subject to the same limits of liability required in an owner's policy.
OWNER'S POLICY: A policy of motor vehicle liability insurance which:
1. Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted;
2. Shall insure the person named therein and insure any other person, except as provided in subsection 3 of this definition, using an insured vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, operation or use of the vehicle;
3. May provide for exclusions from coverage in accordance with existing laws; and
4. Shall be issued by an authorized insurer providing coverage in accordance with 47 Oklahoma Statutes section 7-204, as amended, or in the case of a commercial automobile insurance policy, coverage may be issued by an unauthorized insurer as allowed pursuant to 36 Oklahoma Statutes section 1106.
SECURITY: 1. A policy meeting the minimum vehicle liability limits;
2. A deposit of cash or securities as defined in 47 Oklahoma Statutes section 7-330, as amended, having the equivalency of the minimum vehicle liability limits;
3. Self-insurance, pursuant to the provisions of 47 Oklahoma Statutes section 7-503, as amended, having the equivalency of the minimum vehicle liability limits; or
4. For vehicles registered pursuant to the provisions of 47 Oklahoma Statutes section 1127, as amended, a policy meeting or exceeding the minimum vehicle liability limits; provided the policy may be issued by an insurance company authorized to do business in the state of residence or domicile of the member of the Armed Forces and the motor license agent or other registering agency shall accept the security verification form issued by such insurance company.
SECURITY VERIFICATION FORM: A form, approved by the State Insurance Commissioner, verifying the existence of security required by the Compulsory Insurance Law. Said form shall contain the following minimum information:
1. The name, address, and the 5-digit National Association of Insurance Commissioners (NAIC) company code of the carrier;
2. The name, address, and telephone number of the agent or office where the existence of security may be verified, if other than the carrier;
3. The name of the named insured; provided, the address of the named insured shall not be included;
4. A notice that an owner's liability insurance policy has been issued pursuant to the Compulsory Insurance Law;
5. The year of manufacture, make, model, and the vehicle identification number of each insured motor vehicle;
6. The inclusive dates the motor vehicle liability insurance is in effect;
7. The policy number;
8. A warning to the owner that State law:
a. Requires a current copy of the owner's security verification form must be surrendered to the motor agent or other registering agency upon application or renewal for a motor vehicle license plate,
b. Requires the other copy of the owner's security verification form to be carried in the motor vehicle at all times, and produced by any driver of the vehicle upon request for inspection by any peace officer or representative of the State Department of Public Safety. In case of an accident, the security verification form shall be shown upon request of any person affected by the accident; and
9. The statement: "Examine policy exclusions carefully. This form does not constitute any part of your insurance policy."
B. Liability Insurance Required:
1. Every owner of a motor vehicle registered in this State, other than a licensed used motor vehicle dealer, shall, at all times, maintain in force with respect to such vehicle security for the payment of loss resulting from the liability imposed by law for bodily injury, death and property damage sustained by any person arising out of the ownership, maintenance, operation or use of the vehicle. Every person, while operating or using a motor vehicle registered in this State which is not owned by the person, shall maintain in force security for the payment of loss resulting from the liability imposed by law for bodily injury, death or property damage sustained by any person arising out of the operation or use of the vehicle, unless the security has been provided by the owner in accordance with this section which does not exclude the person from coverage.
2. Unless otherwise provided by law, no motor vehicle shall be operated within the corporate limits of the City unless there is in effect with respect to the vehicle security for the payment of loss resulting from the liability imposed by law for bodily injury, death and property damage sustained by any person arising out of the ownership, maintenance, operation or use of the vehicle. Every person, while operating or using a motor vehicle in this State which is not owned by the person, shall maintain in force security for the payment of loss resulting from the liability imposed by law for bodily injury, death or property damage sustained by any person arising out of the operation or use of the vehicle, unless the security has been provided by the owner in accordance with this section which does not exclude the person from coverage.
C. Proof Of Insurance Required:
1. The owner of a motor vehicle registered in this State shall carry in the vehicle at all times a current owner's security verification form listing the vehicle or an equivalent form which has been issued by the State Department of Public Safety; and every operator of a motor vehicle registered in this State shall, while operating or using such vehicle, carry either an operator's or an owner's security verification form issued by an insurance carrier or an equivalent form issued by the State Department of Public Safety, reflecting liability coverage. The operator of the vehicle shall produce the form upon request for inspection by any law enforcement officer or representative of the State Department of Public Safety and, in case of an accident, the form shall be shown upon request to any person affected by the accident. An owner's security verification form issued to the owner of a motor vehicle may be used as an operator's security verification form by an operator who is not the owner of the motor vehicle, if the operator is not excluded from coverage on the motor vehicle liability policy for the vehicle.
2. The following shall not be required to carry an owner's or operator's security verification form or an equivalent form from the State Department of Public Safety during operation of the vehicle and shall not be required to surrender a security verification form for vehicle registration purposes:
a. Any vehicle owned or leased by the Federal or State government, or any agency or political subdivision thereof;
b. Any vehicle bearing the name, symbol, or logo of a business, corporation or utility on the exterior and which is in compliance with the provisions of the Compulsory Insurance Law according to records of the State Corporation Commission which reflect a deposit or fleet policy;
c. Fleet vehicles maintaining current vehicle liability insurance as required by the State Corporation Commission or any other regulating entity;
d. Any licensed taxicab; and
e. Any vehicle owned by a licensed used motor vehicle dealer.
3. It shall be unlawful for any person to knowingly issue or promulgate false or fraudulent information in connection with either an owner's or operator's security verification form or an equivalent form which has been issued by the State Department of Public Safety.
D. Enforcement And Penalty:
1. An owner or operator who fails to comply with the Compulsory Insurance Law shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine or imprisonment for not more than thirty (30) days, or by both such fine and imprisonment; and, in addition thereto, shall be subject to suspension of the driving privilege of the person in accordance with 47 Oklahoma Statutes section 7-605, as amended; provided, that if a requesting law enforcement officer verifies valid and current security and compliance with the Compulsory Insurance Law through the online verification system, there shall be no violation of the Compulsory Insurance Law and no citation shall be issued. Upon issuing a citation under this subsection, the law enforcement officer issuing the citation may:
a. Seize the vehicle being operated by the person and cause the vehicle to be towed and stored as provided by 47 Oklahoma Statutes section 955A, if the officer has probable cause to believe that the vehicle is not insured as required by the Compulsory Insurance Law of this State; or
b. Seize the license plate of the vehicle and issue the citation to the vehicle operator; provided, that the vehicle is in a drivable condition at the time of issuing the citation. A copy of the citation retained by the owner or operator of the vehicle shall serve as the temporary license plate of the vehicle for up to ten (10) calendar days after the issuance of the citation. After ten (10) calendar days, the vehicle shall not be used until the vehicle operator or owner completes the requirements to retrieve the license plate.
2. After the issuance of the citation and confiscation of the vehicle license plate, the citing officer may deposit the license plate with the Waurika Police Department. The Waurika Police Department, at the time of storing the license plate, shall perform all required procedures as provided by 47 Oklahoma Statutes section 7-606, as amended.
E. Sentence Suspension Or Deferral: A sentence imposed for any violation of this section may be suspended or deferred in whole or in part by the court.
F. Dismissal Of Charge Upon Proof Of Security Verification: Any person producing proof in court that a current security verification form or equivalent form which has been issued by the State 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. If proof of security verification is presented to the court by no later than the business day preceding the first scheduled court appearance date, the dismissal shall be without payment of court costs. The court may access information from the online verification system to confirm liability coverage. The court shall not dismiss the fine unless proof that liability coverage for the person was in force at the time the alleged offense is presented to the court.
G. Court Action Forwarded To State: Upon conviction or bond forfeiture, the Court Clerk shall forward an abstract to the State Department of Public Safety within five (5) days reflecting the action taken by the court. (2007 Code § 18-153; amd. 2019 Code)