2016 Oklahoma Statutes
Title 74. State Government
§74-152.6. Certain peace officers authorized to stop certain vehicles - Taking samples and inspecting load ticket - Presumption of unlawful cargo.

A. Each agent of the Oklahoma State Bureau of Investigation, each agent of the Federal Bureau of Investigation, each highway patrolman, each sheriff and each state-certified peace officer in this state is authorized to stop any vehicle transporting or appearing to transport oil, gas or salt water, for the purpose of inspecting, measuring, and taking samples of the cargo and inspecting the load ticket of such vehicle to ensure that the cargo conforms to such load ticket. Except as authorized in subsection C of this section, upon stopping any vehicle pursuant to this section, such patrolmen, agents, sheriffs or peace officers are not authorized to take any samples of the cargo of such vehicle until the vehicle arrives at its destination as indicated on its load ticket.

B. Each agent of the Oklahoma State Bureau of Investigation, each agent of the Federal Bureau of Investigation, each highway patrolman, each sheriff and each state-certified peace officer in this state is authorized to stop any vehicle transporting or appearing to transport oil field equipment, for the purpose of inspecting the cargo and inspecting the bill of lading of the vehicle to ensure that the cargo conforms to the bill of lading.

C. Such patrolmen, agents, sheriffs or peace officers may take samples of the cargo of such vehicle if the vehicle has an out-of-state destination as indicated on its load ticket or if no destination is indicated on the load ticket.

D. A rebuttable presumption that the cargo is unlawful oil or unlawful gas and probable cause for the arrest of any person transporting oil, gas or salt water and the seizure of the vehicle and the oil or gas transported in the vehicle pursuant to Section 152.8 of this title shall be established if:

1. The person transporting oil or gas or salt water fails to produce the load ticket upon proper request therefor;

2. The load ticket does not contain such information so as to describe or otherwise evidence the cargo as required by state or federal laws; or

3. The inspection, measuring, or taking samples of said oil or gas or salt water reveals that the contents of the vehicle are not the same as those described in the load ticket.

Added by Laws 1985, c. 187, § 5, eff. Nov. 1, 1985. Amended by Laws 2008, c. 364, § 4, eff. Jan. 1, 2009.