ENROLLED HOUSE
BILL NO. 2418 By: Johns of the House
and
Jech of the Senate
An Act relating to motor vehicles; amending 47 O.S. 2021,
Section 6-105, as amended by Section 42, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 6-105), which relates to graduated class D licenses;
modifying requirements for issuance of an intermediate Class D license; and
providing an effective date.
SUBJECT:
Motor vehicles
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF
SECTION 1.
AMENDATORY 47 O.S. 2021,
Section 6-105, as amended by Section 42, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 6-105), is amended to read as follows:
Section 6-105. A. Unless a legal custodial parent or legal
guardian has filed an objection to licensure pursuant to Section 6-103.1 of
this title, any person under eighteen (18) years of age who is in compliance
with or not subject to Section 6-107.3 of this title may be permitted to
operate:
1. A Class D motor
vehicle under the graduated driver license provisions prescribed in subsections
B through E of this section;
2. A motorcycle under the
provisions prescribed in subsection H of this section; or
3. A farm vehicle under
the provisions prescribed in subsection I of this section.
B. Any person who is at
least fifteen (15) years of age may drive during a session in which the driver
is being instructed in a driver education course, as set out in subparagraphs
a, b, c, d and e of paragraph 1 of subsection C of this section, by a certified
driver education instructor who is seated in the right front seat of the motor
vehicle.
C. Any person:
1. Who is at least
fifteen and one-half (15 1/2) years of age and is currently receiving
instruction in or has successfully completed driver education. For purposes of this section, the term "driver
education" shall mean:
a. a
prescribed secondary school driver education course, as provided for in
Sections 19-113 through 19-121 of Title 70 of the Oklahoma Statutes,
b. a
driver education course, certified by the Department of Public Safety, from a
parochial, private, or other nonpublic secondary school,
c. a
commercial driver training course, as defined by Sections 801 through 808 of
this title,
d. a
parent-taught driver education course, certified by the Department of Public
Safety. The Department shall promulgate
rules for any parent-taught driver education course, or
e. a
driver education course certified by a state other than Oklahoma; or
2. Who is at least
sixteen (16) years of age,
may, upon successfully passing all parts of the driver license
examination administered by Service Oklahoma, or an approved written
examination proctor, except the driving examination, be issued a learner permit
which will grant the permittee the privilege to operate a Class D motor vehicle
upon the public highways only between the hours of 5:00 a.m. and 10:00 p.m. and
while accompanied by a licensed driver who is at least twenty-one (21) years of
age and who is actually occupying a seat beside the permittee; provided, the
written examination for a learner permit may be waived by Service Oklahoma upon
verification that the person has successfully completed driver education.
D. 1. Any person:
a. who
has applied for, been issued, and has possessed a learner permit for a minimum
of six (6) months, and
b. whose
custodial legal parent or legal guardian certifies to Service Oklahoma by sworn
affidavit that the person has received a minimum of fifty (50) hours of actual
behind-the-wheel training, of which at least ten (10) hours of such training
was at night, from a licensed driver who was at least twenty-one (21) years of
age and who was properly licensed to operate a Class D motor vehicle for a
minimum of two (2) years, and
c. who has completed a
free course approved by the Oklahoma Department of Transportation on teen driver
work zone and first responder safety,
may be issued an intermediate Class D license upon successfully
passing all parts of the driver license examinations administered by Service
Oklahoma; provided, the written examination, if it has not previously been
administered or waived, may be waived by Service Oklahoma upon verification
that the person has successfully completed driver education or the driving
examination may be waived by Service Oklahoma upon successful passage of the
examination administered by a certified designated examiner, as provided for in
Section 6-110 of this title. However,
notwithstanding the date of issuance of the learner permit, if the person has
been convicted of a traffic offense which is reported on the driving record of
that person, the time period specified in subparagraph a of this paragraph
shall be recalculated to begin from the date of conviction for the traffic
offense, and must elapse before that person may be issued an intermediate Class
D license. If the person has been
convicted of more than one traffic offense which is reported on the driving
record of that person, the time period specified in subparagraph a of this
paragraph shall be recalculated to begin from the most recent date of
conviction, and must elapse before that person may be issued an intermediate
Class D license.
2. A person who has been
issued an intermediate Class D license under the provisions of this subsection:
a. shall
be granted the privilege to operate a Class D motor vehicle upon the public
highways:
(1) only
between the hours of 5:00 a.m. and 10:00 p.m., except for driving to and from
work, school, school activities, and church activities, or
(2) at
any time, if a licensed driver who is at least twenty-one (21) years of age is
actually occupying a seat beside the intermediate Class D licensee, or if the
intermediate Class D licensee is a farm or ranch resident, and is operating a
motor vehicle while engaged in farming or ranching operations outside the
limits of a municipality, or driving to and from work, school, school
activities, or church activities, and
b. shall
not operate a motor vehicle with more than one passenger unless:
(1) all
passengers live in the same household as the custodial legal parent or legal
guardian, or
(2) a
licensed driver at least twenty-one (21) years of age is actually occupying a
seat beside the intermediate Class D licensee.
E. Any person who has
been issued an intermediate Class D license for a minimum of:
1.
One (1) year; or
2.
Six (6) months, if the person has completed both the driver education
and the parent-certified behind-the-wheel training provisions of subparagraph b
of paragraph 1 of subsection D of this section,
may be issued a Class D license.
However, notwithstanding the date of issuance of the Class D license, if
the person has been convicted of a traffic offense which is reported on the
driving record of that person, the time periods specified in paragraph 1 or 2
of this subsection, as applicable, shall be recalculated to begin from the date
of conviction for the traffic offense, and must elapse before that person may
be issued a Class D license. If the
person has been convicted of more than one traffic offense which is reported on
the driving record of that person, the time periods specified in paragraph 1 or
2 of this subsection, as applicable, shall be recalculated to begin from the
most recent date of conviction, and must elapse before that person may be
issued a Class D license.
F. Learner permits and
intermediate Class D licenses shall be issued for the same period as all other
driver licenses. The licenses may be
suspended or canceled at the discretion of the Department for violation of
restrictions, for failing to give the required or correct information on the
application, for knowingly giving false or inaccurate information on the
application or any subsequent documentation related to the granting of driving
privileges, for using a hand-held electronic device while operating a motor
vehicle for non-life-threatening emergency purposes or for violation of any
traffic laws of this state pertaining to the operation of a motor vehicle.
G. Service Oklahoma shall
promulgate rules establishing procedures for removal of learner permit and
intermediate Class D license restrictions from the permit or license upon the
permittee or licensee qualifying for a less restricted or an unrestricted
license.
H. Any person fourteen
(14) years of age or older may apply for a restricted Class D license with a
motorcycle-only restriction. After the
person has successfully passed all parts of the motorcycle examination other
than the driving examination, has successfully completed a certified
state-approved motorcycle basic rider course approved by the Department of
Public Safety, in conjunction with Service Oklahoma, and has met all
requirements provided for in the rules of the Department and Service Oklahoma,
Service Oklahoma shall issue to the person a restricted Class D license with a
motorcycle-only restriction which shall grant to the person, while having the
license in the person's immediate possession, the privilege to operate a
motorcycle or motor-driven cycle:
1. With a piston
displacement not to exceed three hundred (300) cubic centimeters;
2. Between the hours of
4:30 a.m. to 9:00 p.m. only;
3. While wearing approved
protective headgear; and
4. While accompanied by
and receiving instruction from any person who is at least twenty-one (21) years
of age and who is properly licensed pursuant to the laws of this state to
operate a motorcycle or motor-driven cycle, and who has visual contact with the
restricted licensee.
The restricted licensee may apply on or after thirty (30) days
from date of issuance of the restricted Class D license with a motorcycle-only
restriction to have the restriction of being accompanied by a licensed driver
removed by successfully completing the driving portion of an examination.
The written examination and driving examination for a restricted
Class D license with a motorcycle-only endorsement shall be waived by Service
Oklahoma upon verification that the person has successfully completed a
certified state-approved motorcycle basic rider course approved by the
Department and Service Oklahoma.
I.
Service Oklahoma may in its discretion issue a special permit to any
person who has attained the age of fourteen (14) years, authorizing such person
to operate farm vehicles between the farm and the market to haul commodities
grown on the farm; provided, that the special permit shall be temporary and
shall expire not more than thirty (30) days after the issuance of the special
permit. Special permits shall be issued
only to farm residents and shall be issued only during the time of the harvest
of the principal crops grown on such farm.
Provided, however, Service Oklahoma shall not issue a special permit
pursuant to this subsection until Service Oklahoma is fully satisfied after the
examination of the application and other evidence furnished in support thereof,
that the person is physically and mentally developed to such a degree that the
operation of a motor vehicle by the person would not be inimical to public
safety.
J.
As used in this section:
1.
"Hand-held electronic device" means a mobile telephone or
electronic device with which a user engages in a telephone call, plays or
stores media, including but not limited to music and video, or sends or reads a
text message while requiring the use of at least one hand; and
2.
"Using a hand-held electronic device" means engaging any
function on an electronic device.
K.
All driver education courses provided for in paragraph 1 of subsection C
of this section shall include education regarding the dangers of texting while
driving and the effects of being under the influence of alcohol or other
intoxicating substance while driving.
SECTION 2.
This act shall become effective November 1, 2023.
Passed the
House of Representatives the 9th day of March, 2023.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 18th day of
April, 2023.
Presiding
Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office
of the Governor this ____________________ day of ___________________,
20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the
Governor of the State of Oklahoma this _________ day of ___________________,
20_______, at _______ o'clock _______ M.
_________________________________
Governor of
the State of Oklahoma
OFFICE
OF THE SECRETARY OF STATE
Received by the Office
of the Secretary of State this __________ day of ___________________,
20_______, at _______ o'clock _______ M.
By:
_________________________________