§ 29-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, or as more recently defined in Title 47, Oklahoma Statutes, except where the context clearly indicates a different meaning:

Authorized emergency vehicles, equipment means:

(1)

When equipped as prescribed in subsection (2) of this definition:

a.

Vehicles of fire departments;

b.

Ambulances or vehicles specified pursuant to 63 O.S. § 1-2512 B. licensed ambulance service providers;

c.

State vehicles of law enforcement agencies;

d.

County vehicles of sheriffs and full-time commissioned deputies and vehicles designated by the sheriff for support of the sheriffs office including privately owned vehicles driven by the sheriff and full-time, part-time and reserve commissioned deputies; provided the audible sirens and flashing red lights equipped on such privately owned vehicles are used only in a law enforcement capacity and in the course of duty;

e.

Municipal vehicles of police departments;

f.

Vehicles owned and operated by the United States Marshals Service or the Federal Bureau of Investigation;

g.

Vehicles of Oklahoma National Guard units designated by the Adjutant General for support to civil authorities; or

h.

Vehicles owned and operated by any local organization for emergency management as defined by 63 O.S. § 683.3.

(2)

All vehicles prescribed in subsection (1) of this section shall be equipped with sirens capable of giving audible signals as required by the provisions of 47 O.S. § 12-218 and flashing red lights as authorized by the provisions of 47 O.S. § 12-218.

Bicycle, electric-assisted bicycle, and motorized bicycle means:

(1)

A bicycle is a device upon which any person may ride, propelled solely by human power through a belt, chain, or gears, and having two or more wheels, excluding mopeds.

(2)

An electric-assisted bicycle is any bicycle with:

a.

Two or three wheels; and

b.

Fully operative pedals for human propulsion and equipped with an electric motor:

1.

With a power output not to exceed 1,000 watts;

2.

Incapable of propelling the device at a speed of more than 30 miles per hour on level ground; and

3.

Incapable of further increasing the speed of the device when human power alone is used to propel the device at a speed of 30 miles per hour or more.

An electric-assisted bicycle shall meet the requirements of the Federal Motor Vehicle Safety Standards as set forth in federal regulations and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied.

(3)

A motorized bicycle is any bicycle having:

a.

Fully operative pedals for propulsion by human power;

b.

A power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; and

c.

A combustion engine with a piston or rotor displacement of 80 cubic centimeters or less, regardless of the number of chambers in the engine, which is capable of propelling the bicycle at a maximum design speed of not more than 35 miles per hour on level ground.

(4)

As used in this chapter, the term "bicycle" includes tricycles, quadcycles, or similar human-powered devices, electric-assisted bicycles, and motorized bicycles unless otherwise specifically indicated.

Bus means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for transportation of persons for compensation.

Controlled-access highway means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway.

Crosswalk means that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

Curb loading zone means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

Driver means every person who drives or is in actual physical control of a vehicle.

Freight curb loading zone means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or passengers.

Highway or street means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. The terms "highway" and "street" are synonymous herein.

Intersection means the area embraced within the prolongation or connection of the lateral curblines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.

Laned roadway means a roadway which is divided into two or more clearly marked lanes for vehicular traffic.

Moped means any motor-driven cycle with a motor which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of 30 miles per hour on level ground. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeters, and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.

Motor scooter or motorized scooter means any vehicle having:

(1)

Not more than three wheels in contact with the ground;

(2)

Handlebars and a foot support or seat for the use of the operator;

(3)

A power source that is capable of propelling the vehicle at a maximum design speed of not more than 25 miles per hour on level ground, and:

a.

if the power source is a combustion engine, has a piston or rotor displacement of 35 cubic centimeters or less regardless of the number of chambers in the power source.

b.

if the power source is electric, has a power output of not more than 1,000 watts.

(4)

For purposes of this section, an electric personal assistive mobility device, as defined in § 1-114A of Title 47, Oklahoma Statutes, or a bicycle, electric-assisted bicycle, or motorized bicycle, as defined herein and in § 1-104 of Title 47, Oklahoma Statutes, shall not be considered a motorized scooter.

(5)

A motorized scooter shall not be required to be registered under the laws of this state or city ordinance. The operator of a motorized scooter shall not be required to possess a driver license or to comply with the vehicle insurance or financial responsibility laws of this state or city ordinance.

Motor vehicle means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. However, the term does not include implements of husbandry as defined in 47 O.S. § 1-125; electric personal assistive mobility devices as defined in 47 O.S. § 1-114 A; motorized wheelchairs, as defined in 47 O.S. § 1-136.3; or vehicles moved solely by human or animal power.

Motorcycle means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a combustion engine with a piston or rotor displacement of 150 cc or greater.

Motor-driven cycle means any motor vehicle having:

(1)

A power source that:

a.

if the power source is a combustion engine, has a piston or rotor displacement of greater than 35 cubic centimeters but less than 150 cubic centimeters regardless of the number of chambers in the power source.

b.

if the power source is electric, has a power output of greater than 1,000 watts; and

(2)

A seat or saddle for the use of each rider; and

(3)

Not more than three wheels in contact with the ground.

Official traffic control devices means all signs, barricades, signals, markings and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

Passenger curb loading zone means a place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

Pedestrian means any person afoot.

Police officer means every sheriff, constable, police officer, highway patrolman, and officer of the city police department or any other officer authorized to direct or regulate traffic or to make arrests for violations of state traffic laws and city ordinances.

Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having expressed or implied permission from the owner, but not by other persons.

Railroad means a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.

Railroad train means a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.

Right-of-way means the privilege of the immediate use of the roadway.

Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. In the event a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.

Safety zone or island means an area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone or island.

Sidewalk means that portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.

Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

Stop, when required, means complete cessation from movement.

Stop or stopping, when prohibited, means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.

Through highway means every highway or portion thereof on which vehicle traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right-of-way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this chapter.

Traffic means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.

Traffic-control signal means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed.

Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. As used in this chapter, the term "vehicle" does not include:

(1)

Implements of husbandry, as defined in 47 O.S. § 1-125;

(2)

Electric personal assistive mobility devices, as defined in 47 O.S. § 1-114 A; or

(3)

Motorized wheelchairs, as defined in 47 O.S. § 1-136.3.

(Code 1966, § 20-1; Code 1982, § 29-1; Ord. No. 3418, § 1, 9-17-2018 )

State law reference

Similar provisions, 47 O.S. §§ 1-101—1-186.