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Road Usage Fees?

Kim@spadylaw.com

Tue, Nov 16, 2021 9:34 PM

I know some municipalities impose road usage fees when an oil/gas well is
drilled within the municipality.

Does your municipality charge such a fee? Is it one time or annual?
Amount(s)?

Thanks for any information you can share,

Kim Spady

I know some municipalities impose road usage fees when an oil/gas well is drilled within the municipality. Does your municipality charge such a fee? Is it one time or annual? Amount(s)? Thanks for any information you can share, Kim Spady

Jordan, Kenneth

Tue, Nov 16, 2021 10:14 PM

Oklahoma Statutes Citationized
[cid:image001.gif@01D7DB05.0740B6C0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST47 Title 47. Motor Vehicles
[cid:image001.gif@01D7DB05.0740B6C0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST47#Chapter74-OklahomaVehicleLicenseAndRegistrationAct Chapter 74 - Oklahoma Vehicle License And Registration Act
[cid:image001.gif@01D7DB05.0740B6C0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST47#AdministrationofLaws Article Administration of Laws
[cid:image002.gif@01D7DB05.0740B6C0] Section 1148 - Powers of Local Authorities
Cite as: O.S. §, __ __

The local authorities of cities and towns of this state shall have no power to pass, enforce, or maintain any ordinances, rules, or regulations requiring from any owner to whom this act is applicable any tax, fee, license, or permit for the free use of the public highways or excluding or prohibiting any vehicle registered in compliance with this act or the accessories used thereon from the free use of the public highways, and no ordinance, rule, or regulation in any way contrary to or inconsistent with the provisions of this act, now in force or hereafter enacted, shall have any force or effect. The powers given to local authorities in municipalities to enact general rules and ordinances applicable equally to all vehicles upon certain streets in such cities where the traffic is heavy and continuous and the powers given local authorities to regulate vehicles offered to the public for hire or for processions, assemblages, or parades in the streets or public places shall remain in full force and effect. Local authorities may set aside a specified public highway or highways for speed contests or races to be given under proper restrictions for the safety of the public and may exclude by ordinance or regulation vehicles used exclusively for commercial purposes from the parks and parkways of this state, provided such ordinance or regulation is applicable equally and generally to all other vehicles used for the same purpose. The local authorities may exclude vehicles from any cemetery or ground used for burial of the dead. Cities and towns may regulate the speed of vehicles within their corporate limits; and that as to streets and highways within the corporate limits which have been constructed or reconstructed with state or federal funds, local authorities shall have joint authority with the Transportation Commission to establish or alter speed limits. No local authority shall impose speed limits on any such street or highway substantially lower than those justified by the highway design, capacity, and traffic volume as determined by engineering studies. A municipality may issue licenses authorizing the parking or unloading of vehicles in zones on streets restricted for loading, unloading or commercial use.
Historical Data

Laws 1985, HB 1219, c. 179, § 51, emerg. eff. July 1, 1985.

From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Tuesday, November 16, 2021 3:35 PM
To: 'OAMA Luistserv' oama@lists.imla.org
Subject: [Oama] Road Usage Fees?

I know some municipalities impose road usage fees when an oil/gas well is drilled within the municipality.

Does your municipality charge such a fee? Is it one time or annual? Amount(s)?

Thanks for any information you can share,
Kim Spady

CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.

If the vehicle used by the drilling company is a "commercial vehicle" licensed in Oklahoma, charging a fee is likely invalid under 47 O.S. § 1148 (copied below). "Commercial vehicle" is defined 47 O.S. 1102(8). These are two sections in the Oklahoma Vehicle License and Registration Act. Oklahoma Statutes Citationized [cid:image001.gif@01D7DB05.0740B6C0] <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST47> Title 47. Motor Vehicles [cid:image001.gif@01D7DB05.0740B6C0] <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST47#Chapter74-OklahomaVehicleLicenseAndRegistrationAct> Chapter 74 - Oklahoma Vehicle License And Registration Act [cid:image001.gif@01D7DB05.0740B6C0] <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST47#AdministrationofLaws> Article Administration of Laws [cid:image002.gif@01D7DB05.0740B6C0] Section 1148 - Powers of Local Authorities Cite as: O.S. §, __ __ ________________________________ The local authorities of cities and towns of this state shall have no power to pass, enforce, or maintain any ordinances, rules, or regulations requiring from any owner to whom this act is applicable any tax, fee, license, or permit for the free use of the public highways or excluding or prohibiting any vehicle registered in compliance with this act or the accessories used thereon from the free use of the public highways, and no ordinance, rule, or regulation in any way contrary to or inconsistent with the provisions of this act, now in force or hereafter enacted, shall have any force or effect. The powers given to local authorities in municipalities to enact general rules and ordinances applicable equally to all vehicles upon certain streets in such cities where the traffic is heavy and continuous and the powers given local authorities to regulate vehicles offered to the public for hire or for processions, assemblages, or parades in the streets or public places shall remain in full force and effect. Local authorities may set aside a specified public highway or highways for speed contests or races to be given under proper restrictions for the safety of the public and may exclude by ordinance or regulation vehicles used exclusively for commercial purposes from the parks and parkways of this state, provided such ordinance or regulation is applicable equally and generally to all other vehicles used for the same purpose. The local authorities may exclude vehicles from any cemetery or ground used for burial of the dead. Cities and towns may regulate the speed of vehicles within their corporate limits; and that as to streets and highways within the corporate limits which have been constructed or reconstructed with state or federal funds, local authorities shall have joint authority with the Transportation Commission to establish or alter speed limits. No local authority shall impose speed limits on any such street or highway substantially lower than those justified by the highway design, capacity, and traffic volume as determined by engineering studies. A municipality may issue licenses authorizing the parking or unloading of vehicles in zones on streets restricted for loading, unloading or commercial use. Historical Data ________________________________ Laws 1985, HB 1219, c. 179, § 51, emerg. eff. July 1, 1985. From: Kim@spadylaw.com <Kim@spadylaw.com> Sent: Tuesday, November 16, 2021 3:35 PM To: 'OAMA Luistserv' <oama@lists.imla.org> Subject: [Oama] Road Usage Fees? I know some municipalities impose road usage fees when an oil/gas well is drilled within the municipality. Does your municipality charge such a fee? Is it one time or annual? Amount(s)? Thanks for any information you can share, Kim Spady CONFIDENTIALITY NOTE: This e-mail message and any attachments are intended solely for the person to which it is addressed and may contain privileged and confidential information protected by law. If you have received this communication in error, please notify the sender immediately by telephone or e-mail, destroy this message and delete any copies held in your electronic files. Unauthorized use and/or re-disclosure may subject you to penalties under applicable state and federal laws.