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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3300 By: Hays
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 230.30, which relates to requirement of
insurance and issuance of license; requiring motor
carriers only tow insured trailers; requiring motor
carrier make certain verification of insurance;
requiring documentation be retained for two years;
providing for certain rebuttable presumption of
negligence; providing evidence that may be shown;
listing liabilities for negligence; making exception
for liability if certain demonstration is made;
allowing certain actions; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 230.30, is
amended to read as follows:
Section 230.30. A. No license shall be issued by the
Commission to any carrier until after the carrier shall have filed
with the Commission a liability insurance policy or bond covering
public liability and property damage, issued by some insurance or
bonding company or insurance carrier authorized pursuant to this
section and which has complied with all of the requirements of the
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Commission, which bond or policy shall be approved by the
Commission, and shall be in a sum and amount as fixed by a proper
order of the Commission; and the liability and property damage
insurance policy or bond shall bind the obligor thereunder to make
compensation for injuries to, or death of, persons, and loss or
damage to property, resulting from the operation of any carrier for
which the carrier is legally liable. A copy of the policy or bond
shall be filed with the Commission, and, after judgment against the
carrier for any damage, the injured party may maintain an action
upon the policy or bond to recover the same, and shall be a proper
party to maintain such action.
B. Every motor carrier shall file with the Commission a cargo
insurance policy or bond covering any goods or property being
transported, issued by some insurance or bonding company or
insurance carrier authorized as set forth below, and which has
complied with all of the requirements of the Commission, which bond
or policy shall be approved by the Commission, and shall be in a sum
and amount as fixed by a proper order of the Commission. The cargo
insurance must be filed with the Commission prior to a license being
issued by the Commission, unless the motor carrier has been exempted
from this requirement.
Intrastate motor carriers of sand, rock, gravel, asphaltic
mixtures or other similar road building materials shall not be
required to file cargo insurance and shall be required to maintain
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liability insurance limits of Three Hundred Fifty Thousand Dollars
($350,000.00) combined single limit.
No carrier, whose principal place of business is in Oklahoma,
shall conduct any operations in this state unless the operations are
covered by a valid primary bond or insurance policy issued by a
provider authorized or approved by the State Insurance Commissioner.
No carrier shall conduct any operations in this state unless the
operations are covered by a valid bond or insurance policy issued by
a provider authorized and approved by a National Association of
Insurance Commissioners and certified by the State Insurance
Commission.
C. Each carrier shall maintain on file, in full force, all
insurance required by the laws of this state and the rules of the
Commission during the operation of the carrier and that the failure
for any cause to maintain the coverage in full force and effect
shall immediately, without any notice from the Commission, suspend
the rights of the carrier to operate until proper insurance is
provided. Any carrier suspended for failure to maintain proper
insurance shall have a reasonable time, not exceeding sixty (60)
days, to have its license reactivated, and to provide proper
insurance upon showing:
1. No operation during the period in which it did not have
insurance; and
2. Furnishing of proper insurance coverage.
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D. 1. A motor carrier shall not connect to, haul, tow, or
otherwise place into service any trailer unless such trailer is
insured under an active liability insurance policy meeting the
minimum financial responsibility requirements of state or federal
law. Prior to connecting a power unit to a trailer, the motor
carrier shall verify the existence of such trailer insurance
through:
a. a certificate of insurance supplied by the trailer
owner or lessor,
b. an electronic insurance verification system or
database, or
c. a written or electronic certification from the trailer
owner, lessor, or operator confirming active insurance
coverage.
The motor carrier shall maintain documentation of the
verification required by this subsection for not less than two (2)
years and shall make such documentation available to the Corporation
Commission or the Department of Public Safety upon request.
2. If a motor carrier connects to, hauls, tows, or otherwise
place into service a trailer that is not insured as required by
paragraph 1 of this subsection and an accident, spill, detachment,
or other incident occurs involving such trailer or its contents,
there shall arise a rebuttable presumption that the motor carrier
was negligent, unless the motor carrier qualifies for the safe
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harbor provided in paragraph 3 of this subsection. The presumption
of negligence may be rebutted only by clear and convincing evidence
that the motor carrier exercised reasonable care to verify the
existence of valid trailer insurance prior to connection to the
trailer and the absence of insurance did not contribute to the cause
or extent of the damages claimed. If the presumption of negligence
is not rebutted, the motor carrier shall be liable for:
a. all cleanup, containment, removal, or environmental
remediation costs,
b. property damage caused by the trailer or its contents,
c. personal injury or death resulting from the incident,
and
d. any administrative penalties imposed by state or
federal agencies.
3. A motor carrier shall not be subject to the presumption of
negligence established in paragraph 2 of this subsection if the
motor carrier demonstrates that, prior to connecting to the trailer,
it relied in good faith upon a certificate of insurance, electronic
database entry, or other verification source reasonably believed to
be valid and it retained a copy or record of such verification in
written or electronic form. The provisions of this paragraph shall
apply even if the trailer is later determined to have been uninsured
at the time of the incident, provided the motor carrier had no
actual knowledge of the lack of insurance and did not act with gross
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negligence. Nothing in this paragraph shall limit or preclude any
civil or administrative action against the trailer owner, lessor, or
insurer.
E. Any carrier who fails to reactivate its license within sixty
(60) days after the suspension, as above provided, shall have the
license canceled, by operation of law, without any notice from the
Commission. No license so canceled shall be reinstated or otherwise
made operative except that the Commission may reinstate the license
of a carrier upon proper showing that the carrier was actually
covered by proper insurance during the suspension or cancellation
period, and that failure to file with the Commission was not due to
the negligence of the carrier. Any carrier desiring to file for
reinstatement of its license shall do so within ninety (90) days of
its cancellation by law.
E. F. The Commission shall, in its discretion, permit the
filing of certificates of insurance coverage or such form as may be
prescribed by the Commission, in lieu of copies of insurance
policies or bonds, with the proviso that if the certificates are
authorized the insurance company or carrier so filing it, upon
request of the Commission, will, at any time, furnish an
authenticated copy of the policy which the certificate represents,
and further provided that thirty (30) days prior to effective
cancellation or termination of the policy of insurance for any
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cause, the insurer shall so notify the Commission in writing of the
facts or as deemed necessary by the Commission.
SECTION 2. This act shall become effective November 1, 2026.
60-2-14029 JBH 12/23/25