ENROLLED HOUSE
BILL NO. 2750 By: Miller of the House
and
Haste of
the Senate
An Act relating to motor vehicles; amending 47 O.S. 2021,
Section 6-110, as amended by Section 49, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 6-110), which relates to examination of applicants; authorizing
certain approvals and agreements; allowing certain examination to be given at
public or private site; allowing certain organizations to make certain hires;
allowing certain portion of driver examination to be given; and providing an
effective date.
SUBJECT: Motor vehicles
BE IT
ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.
AMENDATORY 47 O.S. 2021,
Section 6-110, as amended by Section 49, Chapter 282, O.S.L. 2022 (47 O.S.
Supp. 2022, Section 6-110), is amended to read as follows:
Section 6-110. A. 1.
Service Oklahoma shall establish procedures to ensure every applicant
for an original Class A, B, C or D license and for any endorsements thereon is
examined by Service Oklahoma, or an approved written examination proctor,
except as otherwise provided in Section 6-101 et seq. of this title or as
provided in paragraph 2 of this subsection or in subsections D and E of this
section. Service Oklahoma is authorized to
approve and enter into agreements with local school districts, the Oklahoma
Department of Career and Technology Education, or institutions of higher
education third parties to act as approved written examination
proctors with regard to any written examination required by this section. The examination shall include a test of the
applicant's:
a. eyesight,
b. ability
to read and understand highway signs regulating, warning and directing traffic,
c. knowledge
of the traffic laws of this state including a portion on bicycle and motorcycle
safety, and
d. ability,
by actual demonstration, to exercise ordinary and reasonable control in the
operation of a motor vehicle. The actual
demonstration shall be conducted in the type of motor vehicle for the class of
driver license being applied for.
The
Department of Public Safety, in conjunction with Service Oklahoma, may create a
knowledge test that may be taken on the Internet by an applicant applying for a
Class D license.
Any
licensee seeking to apply for a driver license of another class which is not
covered by the licensee's current driver license shall be considered an
applicant for an original license for that class.
2. Service Oklahoma shall
have the authority to waive the requirement of any part of the examination
required in paragraph 1 of this subsection for those applicants whose driving
record meets the standards set by the Department of Public Safety and surrender
either of the following:
a. a
valid unexpired driver license issued by any state or country for the same type
or types of vehicles, or
b. an
expired driver license that:
(1) is
not expired more than six (6) months past the expiration date listed on the
driver license, and
(2) is
not a Class A, B or C commercial driver license or commercial driver license
permit.
3. Service Oklahoma shall
accept skills test results from another state for Class A, B or C license
applicants who have successfully completed commercial motor vehicle driver
training in that state and successfully passed the skills test in that state;
provided, Service Oklahoma shall not accept skills test results from another
state when the applicant has not successfully completed commercial motor
vehicle driver training in that state.
Nothing in this section shall be construed to prohibit Service Oklahoma
from administering the skills test to any applicant who has successfully
completed commercial vehicle driver training in another state.
4. All applicants
requiring a hazardous materials endorsement shall be required, for the renewal
of the endorsement, to successfully complete the examination and to submit to a
security threat assessment performed by the Transportation Security
Administration of the Department of Homeland Security as required by and
pursuant to 49 C.F.R., Part 1572, which shall be used to determine whether the
applicant is eligible for renewal of the endorsement pursuant to federal law
and regulation.
5. Service Oklahoma, or
an approved written examination proctor, shall give the complete examination as
provided for in this section within thirty (30) days from the date the
application is received, and the examination shall be given at a location
within one hundred (100) miles of the residence of the applicant. Service Oklahoma shall make every effort to
make the examination locations and times convenient for applicants. Service Oklahoma shall consider giving the
examination at various school sites if the district board of education for
the district in which the site is located agrees and any public or
private site, if economically feasible and practicable, and if Service
Oklahoma and the owner or the governing body agree.
B. Any person holding a
valid Oklahoma Class D license or provisional driver license pursuant to
Section 6-212 of this title and applying for a Class A, B or C commercial
license shall be required to successfully complete all examinations as required
for the specified class. Failure to
submit to Service Oklahoma federally required medical certification information
pursuant to 49 C.F.R., Part 391.41 et seq. shall result in an automatic
downgrade of a commercial license to a Class D license. Provided, however, once the required medical
certification information has been received by Service Oklahoma, the license
shall be reinstated to the classification of the commercial license prior to
the downgrade and the holder of such a license shall not be required to
reapply.
C. Except as provided in
subsection E of Section 6-101 of this title, any person holding a valid
Oklahoma Class A, B or C commercial license shall, upon time for renewal
thereof, be entitled to a Class D license without any type of testing or
examination, except for any endorsements thereon as otherwise provided for by
Section 6-110.1 of this title.
D. 1. Any certified driver education instructor who
is currently an operator or an employee of a commercial driver training school
in this state or any driver education instructor employed by any school
district in this state shall be eligible to apply to be a designated examiner of
Service Oklahoma for the purposes of administering the Class D driving skills
portion of the Oklahoma driving examination to any person who has been issued a
learner permit.
2. The Department of
Public Safety, in conjunction with Service Oklahoma, shall adopt a curriculum
of required courses and training to be offered to applicants who are qualified
to apply to be a designated examiner.
The courses and training for certification shall meet the same standards
as required for driver examiners of Service Oklahoma.
3. Each person applying
to be a designated examiner shall be required to pay an initial designated
examiner certification fee of One Thousand Dollars ($1,000.00). Upon successful completion of training
prescribed by paragraph 2 of this subsection, the person shall be required to
pay an annual designated examiner certification fee of Five Hundred Dollars
($500.00). If an applicant for the
designated examiner program is employed by an Oklahoma public school system
that offers driver education, and he or she administers the skills test only to
students enrolled in a public school driver education program, the
certification fee may be waived by Service Oklahoma. Each designated examiner certification shall
expire on the last day of the calendar year and may be renewed upon application
to Service Oklahoma. The designated
examiner certification fees collected by Service Oklahoma pursuant to this
subsection shall be deposited to the credit of the Department of Public Safety
Restricted Revolving Fund to be used for the purposes of this subsection,
through October 31, 2022. Beginning
November 1, 2022, the designated examiner certification fees collected by
Service Oklahoma pursuant to this subsection shall be deposited to the credit
of the Service Oklahoma Revolving Fund.
No designated examiner certification fee shall be refunded in the event
that certification is denied, suspended or revoked.
4. A designated examiner
may charge a fee for each Class D driving skills examination given, whether the
person being examined passes or fails the examination.
5. Service Oklahoma shall
conduct an annual complete nationwide criminal history background check on each
designated examiner and a complete nationwide criminal history background check
on each designated examiner applicant.
The fees for the background check shall be borne by the designated
examiner or designated examiner applicant.
6. The Department of
Public Safety, in conjunction with Service Oklahoma, shall promulgate rules to
implement and administer the provisions of this subsection.
E. 1. Upon application and approval of Service
Oklahoma, any public or private commercial truck driving school that has or
maintains a program instructing students for a Class A, B or C license, public
transit agency or, state, county or municipal government agency
in this state, such as local school districts, the Oklahoma Department of
Career and Technology Education, or institutions of higher education, or a
private entity, shall be authorized to hire or employ designated examiners
approved by Service Oklahoma to be third-party examiners of the Class A, B or C
driving skills portion and/or knowledge written portion, pursuant to
paragraph A of this section, of the Oklahoma driving examination. All designated examiners must successfully
have completed the courses and training as outlined in paragraph 2 of this
subsection. Service Oklahoma shall be
required to approve at least one public transit agency that has or maintains a
program instructing students for a Class A, B or C license to hire or employ
third-party examiners pursuant to this section.
It shall be permissible for any public transit agency operating in the
State of Oklahoma to utilize the third-party examiners hired or employed by a
public transit agency approved by Service Oklahoma.
2. The Department of
Public Safety, in conjunction with Service Oklahoma, shall adopt a curriculum
of required courses and training to be offered to third-party examiners. The courses and training for certification
shall meet the same standards as required for commercial driver examiners of
Service Oklahoma.
3. Service Oklahoma shall
require each third-party examiner applicant and commercial school driver
education instructor applicant to submit to an electronic national criminal
history record check pursuant to Section 150.9 of Title 74 of the Oklahoma
Statutes. On or before December 1, 2022,
Service Oklahoma shall require each third-party examiner or commercial school
driver education instructor to submit to an electronic national criminal
history record check pursuant to Section 150.9 of Title 74 of the Oklahoma
Statutes. The fees for the background
check shall be borne by the third-party examiner, third-party examiner applicant,
commercial school driver education instructor or commercial school driver
education instructor applicant.
F. Service Oklahoma shall
promulgate rules to:
1. Implement and
administer the provisions of this section based on requirements set forth in
Section 383.75 of Title 49 of the Code of Federal Regulations;
2. Establish a process to
inform any school, public transit agency, examiner, or state, county or
municipal government agency, who has been denied, within forty-five (45) days
from the denial;
3. Create an appeal
process for any school, public transit agency, examiner, or state, county or
municipal government agency denied; and
4. If the initial
application for approval was denied, limit the number of times an individual
school, public transit agency, individual examiner applicant, or state, county
or municipal government agency may reapply in a calendar year to two
reapplications.
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 19th 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:
_________________________________