{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-2-117","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-2-117","heading":"Police authority of Department - Traffic-related","body":"enforcement authority on National System of Interstate and Defense\n\nHighways - Special traffic-related enforcement in municipalities.\n\nA. The Commissioner of Public Safety and each officer of the\n\nDepartment of Public Safety, as designated and commissioned by the\n\nCommissioner, are hereby declared to be peace officers of this state\n\nand shall be so deemed and taken in all courts having jurisdiction\n\nof offenses against the laws of the state. Such officers shall have\n\nthe powers and authority now and hereafter vested by law in other\n\npeace officers, including the right and power of search and seizure,\n\nexcept the serving or execution of civil process, and the right and\n\npower to investigate and prevent crime and to enforce the criminal\n\nlaws of this state.\n\nB. In addition to the powers and authority prescribed in\n\nsubsection A of this section, the officers of the Department shall\n\nhave the following authority, responsibilities, powers, and duties:\n\n1. To enforce the provisions of this title and any other law\n\nregulating the operation of vehicles or the use of the highways or\n\nthe use of roads located on lands owned by a state beneficiary\n\npublic trust, including any laws of this state by the direction of\n\nthe Governor;\n\n2. To arrest without writ, rule, order, or process any person\n\ndetected by them in the act of violating any law of the state;\n\n3. When the officer is in pursuit of a violator or suspected\n\nviolator and is unable to arrest such violator or suspected violator\n\nwithin the limits of the jurisdiction of the Oklahoma Highway Patrol\n\nDivision, to continue in pursuit of such violator or suspected\n\nviolator into whatever part of the state may be reasonably necessary\n\nto effect the apprehension and arrest of the same, and to arrest\n\nsuch violator or suspected violator wherever the violator may be\n\novertaken;\n\n4. To assist in the location of stolen property, including\n\nlivestock and poultry or the carcasses thereof, and to make any\n\ninspection necessary of any truck, trailer, or contents thereof in\n\nconnection therewith;\n\n5. At all times to direct all traffic in conformance with law\n\nand, in the event of a fire or other emergency, to expedite traffic,\n\nor to insure safety, to direct traffic as conditions may require,\n\nnotwithstanding the provisions of law;\n\n6. To require satisfactory proof of ownership of the contents\n\nof any motor vehicle, including livestock, poultry, or the carcasses\n\nthereof. In the event that the proof of ownership is not\n\nsatisfactory, it shall be the duty of the officer to take the motor\n\nvehicle, driver, and the contents of the motor vehicle into custody\n\nand deliver the same to the sheriff of the county wherein the cargo,\n\nmotor vehicle, and driver are taken into custody;\n\n7. When on duty, upon reasonable belief that any vehicle is\n\nbeing operated in violation of any provisions of this title, or any\n\nother law regulating the operation of vehicles, to require the\n\ndriver thereof to stop and exhibit his or her driver license and the\n\ncertificate of registration issued for the vehicle, if required to\n\nbe carried in the vehicle pursuant to the provisions of Section 1113\n\nof this title, and submit to an inspection of such vehicle, the\n\nlicense plates, and certificate of registration, if applicable, or\n\nto any inspection and test of the equipment of such vehicle;\n\n8. To inspect any vehicle of a type required to be registered\n\nhereunder in any public garage or repair shop or in any place where\n\nsuch vehicles are held for sale or wrecking, for the purpose of\n\nlocating stolen vehicles and investigating the title and\n\nregistration thereof;\n\n9. To serve all warrants relating to the enforcement of the\n\nlaws regulating the operation of vehicles or the use of the highways\n\nand bench warrants issued for nonpayment of fines and costs for\n\nmoving traffic violations;\n\n10. To investigate and report traffic collisions on all\nr sale or wrecking, for the purpose of\n\nlocating stolen vehicles and investigating the title and\n\nregistration thereof;\n\n9. To serve all warrants relating to the enforcement of the\n\nlaws regulating the operation of vehicles or the use of the highways\n\nand bench warrants issued for nonpayment of fines and costs for\n\nmoving traffic violations;\n\n10. To investigate and report traffic collisions on all\n\ninterstate and defense highways and on all highways outside of\n\nincorporated municipalities, and may investigate traffic collisions\n\nwithin any incorporated municipality upon request of the local law\n\nenforcement agency, and to secure testimony of witnesses or of\n\npersons involved;\n\n11. To investigate reported thefts of motor vehicles, trailers,\n\nand semitrailers;\n\n12. To stop and inspect any motor vehicle or trailer for such\n\nmechanical tests as may be prescribed by the Commissioner to\n\ndetermine the roadworthiness of the vehicle. Any vehicle which may\n\nbe found to be unsafe for use on the highways may be ordered removed\n\nfrom the highway until such alterations or repairs have been made\n\nthat will render the vehicle serviceable for use on the highway;\n\n13. To stop and inspect the contents of all motor vehicles to\n\nascertain whether or not the provisions of all general laws are\n\nbeing observed;\n\n14. To enforce the laws of the state relating to the\n\nregistration and licensing of motor vehicles;\n\n15. To enforce the laws relating to the operation and use of\n\nvehicles on the highway;\n\n16. To enforce and prevent, on the roads of the state highway\n\nsystem, the violation of the laws relating to the size, weight, and\n\nspeed of commercial motor vehicles and all laws designed for the\n\nprotection of the highway pavements and structures on such highways;\n\n17. To investigate and report to the Corporation Commission and\n\nthe Oklahoma Tax Commission any violation of their rules and the\n\nlaws governing the transportation of persons and property by motor\n\ntransportation companies and all other motor carriers for hire;\n\n18. To investigate and report violations of all laws relating\n\nto the collection of excise taxes on motor vehicle fuels;\n\n19. To regulate the movement of traffic on the roads of the\n\nstate highway system;\n\n20. Whenever possible, to determine persons causing or\n\nresponsible for the breaking, damaging, or destruction of any\n\nimproved surfaced roadway, structure, sign, marker, guardrail, or\n\nany other appurtenance constructed or maintained by the Department\n\nof Transportation, and to arrest persons responsible and to bring\n\nthem before the proper officials for prosecution;\n\n21. To investigate incidents involving an employee of the\n\nDepartment of Public Safety, when such incidents are related to the\n\nperformance of the duties of the employee; and\n\n22. To initiate or assist in manhunts and fugitive\n\napprehensions.\n\nC. Whenever any person is arrested by a patrol officer for a\n\ntraffic violation, the provisions of Sections 16-101 through 16-114\n\nof this title shall apply.\n\nD. 1. Except as provided in this subsection, the powers and\n\nduties conferred on the Commissioner and officers of the Department\n\nof Public Safety shall not limit the powers and duties of sheriffs\n\nor other peace officers of the state or any political subdivision of\n\nthe state.\n\n2. The Oklahoma Highway Patrol Division shall have primary law\n\nenforcement authority respecting traffic-related offenses upon the\n\nNational System of Interstate and Defense Highways, and may have\n\nspecial law enforcement authority on those portions of the federal-\n\naid primary highways and the state highway system which are located\n\nwithin the boundaries and on the outskirts of a municipality, and\n\ndesignated by the Commissioner of Public Safety for such special law\n\nenforcement authority. As used in this subsection, “outskirts of a\nl System of Interstate and Defense Highways, and may have\n\nspecial law enforcement authority on those portions of the federal-\n\naid primary highways and the state highway system which are located\n\nwithin the boundaries and on the outskirts of a municipality, and\n\ndesignated by the Commissioner of Public Safety for such special law\n\nenforcement authority. As used in this subsection, “outskirts of a\n\nmunicipality” means and shall be determined by presence of the\n\nfollowing factors:\n\na. low land use density,\n\nb. absence of any school or residential subdivision\n\nrequiring direct ingress or egress from the highway,\n\nand\n\nc. a scarcity of retail or commercial business abutting\n\nthe highway.\n\n3. The Commissioner may designate any portion of the National\n\nSystem of Interstate and Defense Highways, and those portions of the\n\nfederal-aid primary highways and the state highway system which are\n\nlocated within the boundaries of and on the outskirts of a\n\nmunicipality, for special traffic-related enforcement by the\n\nOklahoma Highway Patrol Division and issue a written notice to any\n\nother law enforcement agency affected thereby. Upon receipt of such\n\nnotice, the affected law enforcement agency shall not regulate\n\ntraffic nor enforce traffic-related statutes or ordinances upon such\n\ndesignated portion of the National System of Interstate and Defense\n\nHighways or such designated portions of the federal-aid primary\n\nhighways and the state highway system without prior coordination and\n\nwritten approval of the Commissioner.\n\nE. 1. Any of the following persons may request the\n\nCommissioner to investigate the traffic-related enforcement\n\npractices of a municipal law enforcement agency whose jurisdiction\n\nincludes portions of the federal-aid primary highways, the state\n\nhighway system, or both located within the boundaries of or on the\n\noutskirts of the municipality:\n\na. the district attorney in whose jurisdiction the\n\nmunicipality is located,\n\nb. a majority of the county commissioners, by resolution,\n\nof the county in which the municipality is located,\n\nc. the State Auditor and Inspector,\n\nd. the Attorney General, or\n\ne. a state legislator in whose district the municipality\n\nis located.\n\n2. The request shall state that the requesting party believes\n\nthe enforcement practices are being conducted:\n\na. within the boundaries of or on the outskirts of the\n\nmunicipality, and\n\nb. for the purpose of generating more than fifty percent\n\n(50%) of the revenue needed for the operation of the\n\nmunicipality.\n\n3. Upon receipt of a request pursuant to this subsection, the\n\nCommissioner may investigate the traffic-related enforcement\n\npractices of the municipal law enforcement agency and the receipts\n\nand expenditures of the municipality. The law enforcement agency,\n\nthe municipality, and the requesting party shall cooperate fully\n\nwith the Commissioner in such an investigation. Upon the completion\n\nof the investigation, the Commissioner shall submit a report of the\n\nresults of the investigation to the Attorney General, who shall make\n\na determination within sixty (60) days of receipt of the report as\n\nto whether the enforcement practices of the municipal law\n\nenforcement agency are being conducted as provided in subparagraphs\n\na and b of paragraph 2 of this subsection. Upon a determination\n\nthat the enforcement practices are not being conducted in such a\n\nmanner, the Attorney General shall notify the Commissioner in\n\nwriting, and the Commissioner shall take no action to make a\n\ndesignation as provided in paragraph 3 of subsection D of this\n\nsection. Upon a determination that the enforcement practices are\n\nbeing conducted as provided in subparagraphs a and b of paragraph 2\n\nof this subsection, the Attorney General shall notify the\n\nCommissioner in writing, and the Commissioner shall make the\n\ndesignation of special traffic-related enforcement as provided in\nion to make a\n\ndesignation as provided in paragraph 3 of subsection D of this\n\nsection. Upon a determination that the enforcement practices are\n\nbeing conducted as provided in subparagraphs a and b of paragraph 2\n\nof this subsection, the Attorney General shall notify the\n\nCommissioner in writing, and the Commissioner shall make the\n\ndesignation of special traffic-related enforcement as provided in\n\nparagraph 3 of subsection D of this section, which shall stay in\n\nforce for such time as determined by the Commissioner. The\n\nDepartment of Public Safety shall adopt rules to uniformly implement\n\nthe procedures for initiating, investigating, and reporting to the\n\nAttorney General the results of a request under the provisions of\n\nthis subsection and the criteria for determining the length of time\n\nthe designation of special traffic-related enforcement shall be in\n\nforce.\n\nF. Nothing in this section shall limit a member of the Oklahoma\n\nHighway Patrol Division from requesting assistance from any other\n\nlaw enforcement agency nor limit officers of such agency from\n\nrendering the requested assistance. The officer and the law\n\nenforcement agency responding to the request of the member of the\n\nOklahoma Highway Patrol Division or sheriff’s department shall have\n\nthe same rights and immunities as are possessed by the Oklahoma\n\nHighway Patrol Division.\n\nG. No state official shall have any power, right, or authority\n\nto command, order, or direct any commissioned law enforcement\n\nofficer of the Department of Public Safety to perform any duty or\n\nservice contrary to the provisions of this title or any other laws\n\nof this state.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2e6161c1ff7505feb2bdfdb12fb5ed5bba34899b67381938c6ccd13634043f0e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-2-116","next":"us-ok/okla.-stat.-tit.-47-47-2-117.1"},"notice":"GroundRules: Original legal text. Not legal advice."}