1|ENGROSSED HOUSE AMENDMENT |
| TO |
2|ENGROSSED SENATE BILL NO. 1766 By: Hall, Seifried, and |
| Stephens of the Senate |
3| |
| and |
4| |
| Kerbs of the House |
5| |
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6| |
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7| An Act relating to commercial driver training |
| schools; amending 47 O.S. 2021, Section 6-102, as |
8| last amended by Section 39, Chapter 282, O.S.L. 2022 |
| (47 O.S. Supp. 2023, Section 6-102), which relates to |
9| operation of motor vehicles; changing certain age |
| requirement; amending 47 O.S. 2021, Sections 6-105, |
10| as last amended by Section 1, Chapter 55, O.S.L. |
| 2023, 6-105.2, as amended by Section 43, Chapter 282, |
11| O.S.L. 2022, and 6-110, as last amended by Section 1, |
| Chapter 82, O.S.L. 2023 (47 O.S. Supp. 2023, Sections |
12| 6-105, 6-105.2, and 6-110), which relate to driver |
| education; changing certain age requirement; adding |
13| reference to certain permit; adding examples of |
| certain third parties; adding eligibility for driver |
14| education for certain persons; directing publication |
| of dates for certain courses; authorizing additional |
15| trainings; requiring certain disclosure; amending 47 |
| O.S. 2021, Section 6-206.1, which relates to driver |
16| improvement; removing certain instructor educational |
| requirement; amending 47 O.S. 2021, Sections 801, |
17| 803, as amended by Section 27, Chapter 310, O.S.L. |
| 2023, and 805, as amended by Section 29, Chapter 310, |
18| O.S.L. 2023 (47 O.S. Supp. 2023, Sections 803 and |
| 805), which relate to commercial driver training |
19| schools; adding reference to certain permit; making |
| language gender neutral; directing the acceptance of |
20| electronic signature on certain documents; adding |
| reference to certain permit; creating certain |
21| four-year licenses; setting fees for certain |
| licenses; updating statutory references; updating |
22| statutory language; and providing an effective date. |
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23| |
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24| |
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Page 1
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1| |
|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill |
2| and insert: |
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3| |
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4| |
| "An Act relating to commercial driver training |
5| schools; amending 47 O.S. 2021, Section 6-102, as |
| last amended by Section 39, Chapter 282, O.S.L. 2022 |
6| (47 O.S. Supp. 2023, Section 6-102), which relates to |
| operation of motor vehicles; authorizing certain |
7| residents to operate a vehicle without a license; |
| stating conditions for operation; amending 47 O.S. |
8| 2021, Sections 6-105, as last amended by Section 1, |
| Chapter 55, O.S.L. 2023, 6-105.2, as amended by |
9| Section 43, Chapter 282, O.S.L. 2022, and 6-110, as |
| last amended by Section 1, Chapter 82, O.S.L. 2023 |
10| (47 O.S. Supp. 2023, Sections 6-105, 6-105.2, and |
| 6-110), which relate to driver education; modifying |
11| certain age requirement for certain vehicle |
| operation; adding reference to certain permit; adding |
12| examples of certain third parties; adding eligibility |
| for driver education for certain persons; directing |
13| publication of dates for certain courses; authorizing |
| additional trainings; requiring certain disclosure; |
14| amending 47 O.S. 2021, Section 6-206.1, which relates |
| to driver improvement; modifying credentials for |
15| certain qualified instructors; modifying amount of |
| required classroom instruction; deleting enrollment |
16| fee requirement; amending 47 O.S. 2021, Sections 801, |
| 803, as amended by Section 27, Chapter 310, O.S.L. |
17| 2023, and 805, as amended by Section 29, Chapter 310, |
| O.S.L. 2023 (47 O.S. Supp. 2023, Sections 803 and |
18| 805), which relate to commercial driver training |
| schools; adding reference to certain permit; making |
19| language gender neutral; directing the acceptance of |
| electronic signature on certain documents; adding |
20| reference to certain permit; creating certain |
| four-year licenses; setting fees for certain |
21| licenses; updating statutory references; updating |
| statutory language; and providing an effective date. |
22| |
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23| |
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24|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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1| SECTION 1. AMENDATORY 47 O.S. 2021, Section 6-102, as |
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2|last amended by Section 39, Chapter 282, O.S.L. 2022 (47 O.S. Supp. |
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3|2023, Section 6-102), is amended to read as follows: |
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4| Section 6-102. A. A nonresident who is sixteen (16) years of |
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5|age or older may operate a motor vehicle in this state as authorized |
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6|by the class, restrictions, and endorsements specified on the |
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7|license, if the nonresident is: |
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8| 1. Properly licensed in the home state or country to operate a |
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9|commercial or noncommercial motor vehicle and who has immediate |
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10|possession of a valid driver license issued by the home state or |
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11|country; or |
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12| 2. A member of the Armed Forces of the United States or the |
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13|spouse or dependent of such member who has been issued and is in |
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14|possession of a valid driver license issued by an overseas component |
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15|of the Armed Forces of the United States. |
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16| B. A resident who is at least fifteen (15) years of age may |
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17|operate a vehicle in this state without a driver license, if the |
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18|resident is: |
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19| 1. Operating a vehicle pursuant to subsection B of Section |
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20|6-105 of this title; or |
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21| 2. Taking the driving skills examination as required by Section |
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22|6-110 of this title, when accompanied by a Driver License Examiner |
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23|of Service Oklahoma or by a designated examiner approved and |
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24|certified by Service Oklahoma. |
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1| C. A resident who is at least thirteen and one-half (13 1/2) |
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2|years of age and qualifies for the farm permit as defined in Section |
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3|6-105 of this title may operate a vehicle in this state without a |
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4|driver license, if the resident is: |
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5| 1. Operating a vehicle pursuant to subsection B of Section |
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6|6-105 of this title; or |
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7| 2. Taking the driving skills examination as required by Section |
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8|6-110 of this title, when accompanied by a Driver License Examiner |
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9|of Service Oklahoma or by a designated examiner approved and |
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10|certified by Service Oklahoma. |
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11| D. Any person, while in the performance of official duties, may |
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12|operate any class of motor vehicle if the person possesses any class |
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13|of valid Oklahoma driver license or a valid driver license issued by |
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14|another state, if the person is: |
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15| 1. A member of the Armed Forces of the United States who is on |
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16|active duty; |
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17| 2. A member of the military reserves, not including United |
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18|States reserve technician; |
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19| 3. A member of the National Guard who is on active duty, |
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20|including National Guard military technicians; |
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21| 4. A member of the National Guard who is on part-time National |
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22|Guard training, including National Guard military technicians; or |
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23| 5. A member of the United States Coast Guard who is on active |
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24|duty. |
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1| D. E. The Director of Service Oklahoma is hereby authorized to |
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2|adopt rules as may be necessary to enter into reciprocity agreements |
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3|with foreign countries. The rules shall specify that the driver |
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4|license standards of the foreign country shall be comparable to |
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5|those of this state. The rules shall also require foreign drivers, |
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6|who are operating a motor vehicle in Oklahoma under such a |
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7|reciprocity agreement, to comply with the compulsory motor vehicle |
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8|liability insurance and financial responsibility laws of this state. |
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9| SECTION 2. AMENDATORY 47 O.S. 2021, Section 6-105, as |
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10|last amended by Section 1, Chapter 55, O.S.L. 2023 (47 O.S. Supp. |
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11|2023, Section 6-105), is amended to read as follows: |
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12| Section 6-105. A. Unless a legal custodial parent or legal |
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13|guardian has filed an objection to licensure pursuant to Section |
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14|6-103.1 of this title, any person under eighteen (18) years of age |
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15|who is in compliance with or not subject to Section 6-107.3 of this |
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16|title may be permitted to operate: |
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17| 1. A Class D motor vehicle under the graduated driver license |
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18|provisions prescribed in subsections B through E of this section; |
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19| 2. A motorcycle under the provisions prescribed in subsection H |
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20|of this section; or |
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21| 3. A farm vehicle under the provisions prescribed in subsection |
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22|I of this section. |
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23| B. Any person who is at least thirteen and one-half (13 1/2) |
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24|years of age and qualifies for the farm permit as defined by Section |
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1|6-105 of this title or fifteen (15) years of age may drive during a |
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2|session in which the driver is being instructed in a driver |
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3|education course, as set out in subparagraphs a, b, c, d and e of |
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4|paragraph 1 of subsection C of this section, by a certified driver |
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5|education instructor who is seated in the right front seat of the |
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6|motor vehicle. |
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7| C. Any person: |
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8| 1. Who is at least fifteen and one-half (15 1/2) years of age |
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9|and is currently receiving instruction in or has successfully |
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10|completed driver education. For purposes of this section, the term |
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11|"driver education" shall mean: |
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12| a. a prescribed secondary school driver education |
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13| course, as provided for in Sections 19-113 through |
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14| 19-121 19-123 of Title 70 of the Oklahoma Statutes, |
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15| b. a driver education course, certified by the |
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16| Department of Public Safety, from a parochial, |
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17| private, or other nonpublic secondary school, |
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18| c. a commercial driver training course, as defined by |
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19| Sections 801 through 808 of this title, |
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20| d. a parent-taught driver education course, certified by |
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21| the Department of Public Safety. The Department shall |
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22| promulgate rules for any parent-taught driver |
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23| education course, or |
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24| |
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1| e. a driver education course certified by a state other |
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2| than Oklahoma; or |
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3| 2. Who is at least sixteen (16) years of age, |
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4|may, upon successfully passing all parts of the driver license |
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5|examination administered by Service Oklahoma, or an approved written |
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6|examination proctor, except the driving examination, be issued a |
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7|learner permit which will grant the permittee the privilege to |
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8|operate a Class D motor vehicle upon the public highways only |
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9|between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied |
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10|by a licensed driver who is at least twenty-one (21) years of age |
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11|and who is actually occupying a seat beside the permittee; provided, |
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12|the written examination for a learner permit may be waived by |
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13|Service Oklahoma upon verification that the person has successfully |
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14|completed driver education. |
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15| D. 1. Any person: |
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16| a. who has applied for, been issued, and has possessed a |
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17| learner permit for a minimum of six (6) months, |
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18| b. whose custodial legal parent or legal guardian |
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19| certifies to Service Oklahoma by sworn affidavit that |
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20| the person has received a minimum of fifty (50) hours |
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21| of actual behind-the-wheel training, of which at least |
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22| ten (10) hours of such training was were at night, |
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23| from a licensed driver who was at least twenty-one |
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24| |
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1| (21) years of age and who was properly licensed to |
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2| operate a Class D motor vehicle for a minimum of two |
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3| (2) years, and |
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4| c. who has completed a free course approved by the |
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5| Oklahoma Department of Transportation on teen driver |
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6| work zone and first responder safety, |
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7|may be issued an intermediate Class D license upon successfully |
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8|passing all parts of the driver license examinations administered by |
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9|Service Oklahoma; provided, the written examination, if it has not |
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10|previously been administered or waived, may be waived by Service |
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11|Oklahoma upon verification that the person has successfully |
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12|completed driver education or the driving examination may be waived |
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13|by Service Oklahoma upon successful passage of the examination |
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14|administered by a certified designated examiner, as provided for in |
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15|Section 6-110 of this title. However, notwithstanding the date of |
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16|issuance of the learner permit, if the person has been convicted of |
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17|a traffic offense which is reported on the driving record of that |
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18|person, the time period specified in subparagraph a of this |
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19|paragraph shall be recalculated to begin from the date of conviction |
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20|for the traffic offense, and must elapse before that person may be |
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21|issued an intermediate Class D license. If the person has been |
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22|convicted of more than one traffic offense which is reported on the |
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23|driving record of that person, the time period specified in |
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24|subparagraph a of this paragraph shall be recalculated to begin from |
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1|the most recent date of conviction, and must elapse before that |
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2|person may be issued an intermediate Class D license. |
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3| 2. A person who has been issued an intermediate Class D license |
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4|under the provisions of this subsection: |
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5| a. shall be granted the privilege to operate a Class D |
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6| motor vehicle upon the public highways: |
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7| (1) |
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8| a. only between the hours of 5:00 a.m. and 10:00 p.m., |
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9| except for driving to and from work, school, school |
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10| activities, and church activities, or |
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11| (2) |
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12| b. at any time, if a licensed driver who is at least |
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13| twenty-one (21) years of age is actually occupying a |
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14| seat beside the intermediate Class D licensee, or if |
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15| the intermediate Class D licensee is a farm or ranch |
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16| resident, and is operating a motor vehicle while |
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17| engaged in farming or ranching operations outside the |
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18| limits of a municipality, or driving to and from work, |
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19| school, school activities, or church activities, and |
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20| b. shall not operate a motor vehicle with more than one |
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21| passenger unless: |
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22| (1) all passengers live in the same household as the |
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23| custodial legal parent or legal guardian, or |
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24| |
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1| (2) a licensed driver at least twenty-one (21) years |
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2| of age is actually occupying a seat beside the |
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3| intermediate Class D licensee. |
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4| E. Any person who has been issued an intermediate Class D |
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5|license for a minimum of: |
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6| 1. One (1) year; or |
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7| 2. Six (6) months, if the person has completed both the driver |
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8|education and the parent-certified behind-the-wheel training |
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9|provisions of subparagraph b of paragraph 1 of subsection D of this |
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10|section, |
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11|may be issued a Class D license. However, notwithstanding the date |
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12|of issuance of the Class D license, if the person has been convicted |
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13|of a traffic offense which is reported on the driving record of that |
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14|person, the time periods specified in paragraph 1 or 2 of this |
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15|subsection, as applicable, shall be recalculated to begin from the |
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16|date of conviction for the traffic offense, and must elapse before |
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17|that person may be issued a Class D license. If the person has been |
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18|convicted of more than one traffic offense which is reported on the |
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19|driving record of that person, the time periods specified in |
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20|paragraph 1 or 2 of this subsection, as applicable, shall be |
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21|recalculated to begin from the most recent date of conviction, and |
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22|must elapse before that person may be issued a Class D license. |
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23| F. Learner permits and intermediate Class D licenses shall be |
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24|issued for the same period as all other driver licenses. The |
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1|licenses may be suspended or canceled at the discretion of the |
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2|Department Service Oklahoma for violation of restrictions, for |
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3|failing to give the required or correct information on the |
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4|application, for knowingly giving false or inaccurate information on |
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5|the application or any subsequent documentation related to the |
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6|granting of driving privileges, for using a hand-held electronic |
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7|device while operating a motor vehicle for non-life-threatening |
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8|emergency purposes or for violation of any traffic laws of this |
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9|state pertaining to the operation of a motor vehicle. |
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10| G. Service Oklahoma shall promulgate rules establishing |
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11|procedures for removal of learner permit and intermediate Class D |
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12|license restrictions from the permit or license upon the permittee |
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13|or licensee qualifying for a less restricted or an unrestricted |
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14|license. |
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15| H. Any person fourteen (14) years of age or older may apply for |
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16|a restricted Class D license with a motorcycle-only restriction. |
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17|After the person has successfully passed all parts of the motorcycle |
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18|examination other than the driving examination, has successfully |
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19|completed a certified state-approved motorcycle basic rider course |
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20|approved by the Department of Public Safety, in conjunction with |
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21|Service Oklahoma, and has met all requirements provided for in the |
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22|rules of the Department and Service Oklahoma, Service Oklahoma shall |
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23|issue to the person a restricted Class D license with a |
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24|motorcycle-only restriction which shall grant to the person, while |
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1|having the license in the person's immediate possession, the |
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2|privilege to operate a motorcycle or motor-driven cycle: |
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3| 1. With a piston displacement not to exceed three hundred (300) |
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4|cubic centimeters; |
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5| 2. Between the hours of 4:30 a.m. to 9:00 p.m. only; |
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6| 3. While wearing approved protective headgear; and |
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7| 4. While accompanied by and receiving instruction from any |
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8|person who is at least twenty-one (21) years of age and who is |
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9|properly licensed pursuant to the laws of this state to operate a |
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10|motorcycle or motor-driven cycle, and who has visual contact with |
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11|the restricted licensee. |
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12| The restricted licensee may apply on or after thirty (30) days |
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13|from date of issuance of the restricted Class D license with a |
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14|motorcycle-only restriction to have the restriction of being |
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15|accompanied by a licensed driver removed by successfully completing |
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16|the driving portion of an examination. |
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17| The written examination and driving examination for a restricted |
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18|Class D license with a motorcycle-only endorsement shall be waived |
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19|by Service Oklahoma upon verification that the person has |
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20|successfully completed a certified state-approved motorcycle basic |
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21|rider course approved by the Department and Service Oklahoma. |
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22| I. Service Oklahoma may in its discretion issue a special |
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23|permit to any person who has attained the age of fourteen (14) |
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24|years, authorizing such person to operate farm vehicles between the |
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1|farm and the market to haul commodities grown on the farm; provided, |
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2|that the special permit shall be temporary and shall expire not more |
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3|than thirty (30) days after the issuance of the special permit. |
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4|Special permits shall be issued only to farm residents and shall be |
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5|issued only during the time of the harvest of the principal crops |
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6|grown on such farm. Provided, however, Service Oklahoma shall not |
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7|issue a special permit pursuant to this subsection until Service |
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8|Oklahoma is fully satisfied after the examination of the application |
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9|and other evidence furnished in support thereof, that the person is |
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10|physically and mentally developed to such a degree that the |
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11|operation of a motor vehicle by the person would not be inimical to |
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12|public safety. |
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13| J. As used in this section: |
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14| 1. "Hand-held electronic device" means a mobile telephone or |
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15|electronic device with which a user engages in a telephone call, |
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16|plays or stores media, including but not limited to music and video, |
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17|or sends or reads a text message while requiring the use of at least |
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18|one hand; and |
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19| 2. "Using a hand-held electronic device" means engaging any |
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20|function on an electronic device. |
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21| K. All driver education courses provided for in paragraph 1 of |
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22|subsection C of this section shall include education regarding the |
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23|dangers of texting while driving and the effects of being under the |
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24|influence of alcohol or other intoxicating substance while driving. |
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1| SECTION 3. AMENDATORY 47 O.S. 2021, Section 6-105.2, as |
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2|amended by Section 43, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, |
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3|Section 6-105.2), is amended to read as follows: |
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4| Section 6-105.2 Service Oklahoma may issue an instructor permit |
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5|to any qualified secondary school driver education instructor as |
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6|defined by the State Board of Education Rules rules and Regulations |
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7|regulations for Oklahoma High School Driver and Traffic Safety |
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8|Education or any driver education instructor, certified by Service |
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9|Oklahoma, of a parochial, private, or other nonpublic secondary |
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10|school upon a proper application to the State Board of Education or |
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11|the Department of Public Safety in the case of secondary schools |
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12|that are not regulated by the State Board of Education or a |
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13|commercial driver training course instructor, as provided for in |
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14|Sections 801 through 808 of this title. Service Oklahoma shall |
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15|promulgate rules for the issuance of the permits. Any instructor as |
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16|defined in this subsection who has been issued a permit may instruct |
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17|any person who is at least fifteen and one-half (15 1/2) years of |
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18|age, any person who is at least thirteen and one-half (13 1/2) years |
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19|of age and qualifies for the farm permit as defined in Section 6-105 |
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20|of this title, or any person who is at least fifteen (15) years of |
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21|age and of secondary school or higher educational standing while |
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22|regularly enrolled and certified by the instructor as a student |
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23|taking a prescribed course of secondary school driver education or a |
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24|driver education course, certified by Service Oklahoma, from a |
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1|parochial, private, or other nonpublic secondary school or a |
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2|commercial driver training course, as defined by Sections 801 |
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3|through 808 of this title, to operate a motor vehicle while |
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4|accompanied by and receiving instruction from the instructor who is |
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5|actually occupying a seat beside the driver. |
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6| SECTION 4. AMENDATORY 47 O.S. 2021, Section 6-110, as |
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7|last amended by Section 1, Chapter 82, O.S.L. 2023 (47 O.S. Supp. |
| |
8|2023, Section 6-110), is amended to read as follows: |
| |
9| Section 6-110. A. 1. Service Oklahoma shall establish |
| |
10|procedures to ensure every applicant for an original Class A, B, C |
| |
11|or D license and for any endorsements thereon is examined by Service |
| |
12|Oklahoma, or an approved written examination proctor, except as |
| |
13|otherwise provided in Section 6-101 et seq. of this title or as |
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14|provided in paragraph 2 of this subsection or in subsections D and E |
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15|of this section. Service Oklahoma is authorized to approve and |
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16|enter into agreements with third parties including, but not limited |
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17|to, public school districts, technology center districts overseen by |
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18|the Oklahoma Department of Career Technology Education, institutions |
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19|of higher education, or commercial driver training schools, to act |
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20|as approved written examination proctors with regard to any written |
| |
21|examination required by this section. The examination shall include |
| |
22|a test of the applicant's: |
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23| a. eyesight, |
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24| |
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1| b. ability to read and understand highway signs |
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2| regulating, warning and directing traffic, |
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3| c. knowledge of the traffic laws of this state including |
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4| a portion on bicycle and motorcycle safety, and |
| |
5| d. ability, by actual demonstration, to exercise |
| |
6| ordinary and reasonable control in the operation of a |
| |
7| motor vehicle. The actual demonstration shall be |
| |
8| conducted in the type of motor vehicle for the class |
| |
9| of driver license being applied for. |
| |
10|The Department of Public Safety, in conjunction with Service |
| |
11|Oklahoma, may create a knowledge test that may be taken on the |
| |
12|Internet by an applicant applying for a Class D license. |
| |
13|Any licensee seeking to apply for a driver license of another class |
| |
14|which is not covered by the licensee's current driver license shall |
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15|be considered an applicant for an original license for that class. |
| |
16| 2. Service Oklahoma shall have the authority to waive the |
| |
17|requirement of any part of the examination required in paragraph 1 |
| |
18|of this subsection for those applicants whose driving record meets |
| |
19|the standards set by the Department of Public Safety and surrender |
| |
20|either of the following: |
| |
21| a. a valid unexpired driver license issued by any state |
| |
22| or country for the same type or types of vehicles, or |
| |
23| b. an expired driver license that: |
| |
24| |
| |
Page 16
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1| (1) is not expired more than six (6) months past the |
| |
2| expiration date listed on the driver license, and |
| |
3| (2) is not a Class A, B or C commercial driver |
| |
4| license or commercial driver license permit. |
| |
5| 3. Service Oklahoma shall accept skills test results from |
| |
6|another state for Class A, B or C license applicants who have |
| |
7|successfully completed commercial motor vehicle driver training in |
| |
8|that state and successfully passed the skills test in that state; |
| |
9|provided, Service Oklahoma shall not accept skills test results from |
| |
10|another state when the applicant has not successfully completed |
| |
11|commercial motor vehicle driver training in that state. Nothing in |
| |
12|this section shall be construed to prohibit Service Oklahoma from |
| |
13|administering the skills test to any applicant who has successfully |
| |
14|completed commercial vehicle driver training in another state. |
| |
15| 4. All applicants requiring a hazardous materials endorsement |
| |
16|shall be required, for the renewal of the endorsement, to |
| |
17|successfully complete the examination and to submit to a security |
| |
18|threat assessment performed by the Transportation Security |
| |
19|Administration of the Department of Homeland Security as required by |
| |
20|and pursuant to 49 C.F.R., Part 1572, which shall be used to |
| |
21|determine whether the applicant is eligible for renewal of the |
| |
22|endorsement pursuant to federal law and regulation. |
| |
23| 5. Service Oklahoma, or an approved written examination |
| |
24|proctor, shall give the complete examination as provided for in this |
| |
Page 17
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1|section within thirty (30) days from the date the application is |
| |
2|received, and the examination shall be given at a location within |
| |
3|one hundred (100) miles of the residence of the applicant. Service |
| |
4|Oklahoma shall make every effort to make the examination locations |
| |
5|and times convenient for applicants. Service Oklahoma shall |
| |
6|consider giving the examination at any public or private site, if |
| |
7|economically feasible and practicable, and if Service Oklahoma and |
| |
8|the owner or the governing body agree. |
| |
9| B. Any person holding a valid Oklahoma Class D license or |
| |
10|provisional driver license pursuant to Section 6-212 of this title |
| |
11|and applying for a Class A, B or C commercial license shall be |
| |
12|required to successfully complete all examinations as required for |
| |
13|the specified class. Failure to submit to Service Oklahoma |
| |
14|federally required medical certification information pursuant to 49 |
| |
15|C.F.R., Part 391.41 et seq. shall result in an automatic downgrade |
| |
16|of a commercial license to a Class D license. Provided, however, |
| |
17|once the required medical certification information has been |
| |
18|received by Service Oklahoma, the license shall be reinstated to the |
| |
19|classification of the commercial license prior to the downgrade and |
| |
20|the holder of such a license shall not be required to reapply. |
| |
21| C. Except as provided in subsection E of Section 6-101 of this |
| |
22|title, any person holding a valid Oklahoma Class A, B or C |
| |
23|commercial license shall, upon time for renewal thereof, be entitled |
| |
24|to a Class D license without any type of testing or examination, |
| |
Page 18
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1|except for any endorsements thereon as otherwise provided for by |
| |
2|Section 6-110.1 of this title. |
| |
3| D. 1. Any certified driver education instructor who is |
| |
4|currently an operator or an employee of a commercial driver training |
| |
5|school in this state or any driver education instructor employed by |
| |
6|any school district in this state shall be eligible to apply to be a |
| |
7|designated examiner of Service Oklahoma for the purposes of |
| |
8|administering the Class D driving skills portion of the Oklahoma |
| |
9|driving examination to any person who is eligible to take the |
| |
10|Oklahoma driving examination including, but not limited to, a person |
| |
11|who has been issued a learner permit or farm permit. Service |
| |
12|Oklahoma shall to the maximum extent possible accept electronic |
| |
13|signatures for all applications to be a designated examiner. |
| |
14| 2. The Department of Public Safety, in conjunction with Service |
| |
15|Oklahoma, shall adopt a curriculum of required courses and training |
| |
16|to be offered to applicants who are qualified to apply to be a |
| |
17|designated examiner. The courses and training for certification |
| |
18|shall meet the same standards as required for driver examiners of |
| |
19|Service Oklahoma. Within thirty (30) days of the effective date of |
| |
20|this act, and by October 1 of each subsequent year, Service Oklahoma |
| |
21|shall publish a schedule for the subsequent calendar year of courses |
| |
22|and trainings which shall occur no less than twice per calendar |
| |
23|year. Service Oklahoma may schedule additional courses and |
| |
24|trainings based on demand. Service Oklahoma shall disclose how many |
| |
Page 19
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1|slots are available for each course or training and any restrictions |
| |
2|on how those slots may be allocated at the time of publishing the |
| |
3|schedule. |
| |
4| 3. Each person applying to be a designated examiner shall be |
| |
5|required to pay an initial designated examiner certification fee of |
| |
6|One Thousand Dollars ($1,000.00). Upon successful completion of |
| |
7|training prescribed by paragraph 2 of this subsection, the person |
| |
8|shall be required to pay an annual designated examiner certification |
| |
9|fee of Five Hundred Dollars ($500.00). If an applicant for the |
| |
10|designated examiner program is employed by an Oklahoma public school |
| |
11|system that offers driver education, and he or she administers the |
| |
12|skills test only to students enrolled in a public school driver |
| |
13|education program, the certification fee may be waived by Service |
| |
14|Oklahoma. Each designated examiner certification shall expire on |
| |
15|the last day of the calendar year and may be renewed upon |
| |
16|application to Service Oklahoma. The designated examiner |
| |
17|certification fees collected by Service Oklahoma pursuant to this |
| |
18|subsection shall be deposited to the credit of the Department of |
| |
19|Public Safety Restricted Revolving Fund to be used for the purposes |
| |
20|of this subsection, through October 31, 2022. Beginning November 1, |
| |
21|2022, the designated examiner certification fees collected by |
| |
22|Service Oklahoma pursuant to this subsection shall be deposited to |
| |
23|the credit of the Service Oklahoma Revolving Fund. No designated |
| |
24| |
| |
Page 20
___________________________________________________________________________
1|examiner certification fee shall be refunded in the event that |
| |
2|certification is denied, suspended or revoked. |
| |
3| 4. A designated examiner may charge a fee for each Class D |
| |
4|driving skills examination given, whether the person being examined |
| |
5|passes or fails the examination. |
| |
6| 5. Service Oklahoma shall conduct an annual complete nationwide |
| |
7|criminal history background check on each designated examiner and a |
| |
8|complete nationwide criminal history background check on each |
| |
9|designated examiner applicant. The fees for the background check |
| |
10|shall be borne by the designated examiner or designated examiner |
| |
11|applicant. |
| |
12| 6. The Department of Public Safety, in conjunction with Service |
| |
13|Oklahoma, shall promulgate rules to implement and administer the |
| |
14|provisions of this subsection. |
| |
15| E. 1. Upon application and approval of Service Oklahoma, any |
| |
16|public or private commercial truck driving school that has or |
| |
17|maintains a program instructing students for a Class A, B or C |
| |
18|license, public transit agency, state, county or municipal |
| |
19|government agency in this state, such as local school districts, the |
| |
20|Oklahoma Department of Career and Technology Education, or |
| |
21|institutions of higher education, or a private entity, shall be |
| |
22|authorized to hire or employ designated examiners approved by |
| |
23|Service Oklahoma to be third-party examiners of the Class A, B or C |
| |
24|driving skills portion and/or knowledge written portion, pursuant to |
| |
Page 21
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1|paragraph A of this section, of the Oklahoma driving examination. |
| |
2|All designated examiners must successfully have completed the |
| |
3|courses and training as outlined in paragraph 2 of this subsection. |
| |
4|Service Oklahoma shall be required to approve at least one public |
| |
5|transit agency that has or maintains a program instructing students |
| |
6|for a Class A, B or C license to hire or employ third-party |
| |
7|examiners pursuant to this section. It shall be permissible for any |
| |
8|public transit agency operating in the State of Oklahoma this state |
| |
9|to utilize the third-party examiners hired or employed by a public |
| |
10|transit agency approved by Service Oklahoma. |
| |
11| 2. The Department of Public Safety, in conjunction with Service |
| |
12|Oklahoma, shall adopt a curriculum of required courses and training |
| |
13|to be offered to third-party examiners. The courses and training |
| |
14|for certification shall meet the same standards as required for |
| |
15|commercial driver examiners of Service Oklahoma. |
| |
16| 3. Service Oklahoma shall require each third-party examiner |
| |
17|applicant and commercial school driver education instructor |
| |
18|applicant to submit to an electronic national criminal history |
| |
19|record check pursuant to Section 150.9 of Title 74 of the Oklahoma |
| |
20|Statutes. On or before December 1, 2022, Service Oklahoma shall |
| |
21|require each third-party examiner or commercial school driver |
| |
22|education instructor to submit to an electronic national criminal |
| |
23|history record check pursuant to Section 150.9 of Title 74 of the |
| |
24|Oklahoma Statutes. The fees for the background check shall be borne |
| |
Page 22
___________________________________________________________________________
1|by the third-party examiner, third-party examiner applicant, |
| |
2|commercial school driver education instructor or commercial school |
| |
3|driver education instructor applicant. |
| |
4| F. Service Oklahoma shall promulgate rules to: |
| |
5| 1. Implement and administer the provisions of this section |
| |
6|based on requirements set forth in Section 383.75 of Title 49 of the |
| |
7|Code of Federal Regulations; |
| |
8| 2. Establish a process to inform any school, public transit |
| |
9|agency, examiner, or state, county or municipal government agency, |
| |
10|who has been denied, within forty-five (45) days from the denial; |
| |
11| 3. Create an appeal process for any school, public transit |
| |
12|agency, examiner, or state, county or municipal government agency |
| |
13|denied; and |
| |
14| 4. If the initial application for approval was denied, limit |
| |
15|the number of times an individual school, public transit agency, |
| |
16|individual examiner applicant, or state, county or municipal |
| |
17|government agency may reapply in a calendar year to two |
| |
18|reapplications. |
| |
19| SECTION 5. AMENDATORY 47 O.S. 2021, Section 6-206.1, is |
| |
20|amended to read as follows: |
| |
21| Section 6-206.1 A. Driver A driver improvement or defensive |
| |
22|driving course is a course which offers an educational setting, and |
| |
23|provides for driving concepts which encourage attitude or behavioral |
| |
24| |
| |
Page 23
___________________________________________________________________________
1|changes in the responsibility of operating a motor vehicle in a safe |
| |
2|and responsible manner. |
| |
3| B. It shall be the responsibility of the institution or |
| |
4|organization to provide: |
| |
5| 1. Adequate facilities which meet or exceed state and local |
| |
6|fire, health and safety codes; |
| |
7| 2. Adequate equipment, in good working order, and instructional |
| |
8|materials for such courses; |
| |
9| 3. Qualified instructors who shall: |
| |
10| a. possess an undergraduate degree and have nine (9) |
| |
11| college or university credit hours in traffic safety |
| |
12| education, has possessed an instructor license, |
| |
13| pursuant to Section 804 of this title, for at least |
| |
14| five (5) years or is be a peace officer certified by |
| |
15| the Council on Law Enforcement Education and Training |
| |
16| (CLEET), |
| |
17| b. have no alcohol or drug-related convictions or |
| |
18| revocations in the past five (5) years, |
| |
19| c. have no more than five (5) points accumulated on the |
| |
20| driving record in the past three (3) years in |
| |
21| accordance with the Oklahoma Mandatory Point System, |
| |
22| d. have a valid Oklahoma driver license, and |
| |
23| e. complete a course of training through the approved |
| |
24| organization or institution; |
| |
Page 24
___________________________________________________________________________
1| 4. A course of study designed to inform the participant of |
| |
2|driver improvement and defensive driving concepts while encouraging |
| |
3|attitude or behavioral changes in the responsibility of operating a |
| |
4|motor vehicle in a safe and responsible manner. The curriculum, |
| |
5|which means the complete lesson plans which include instructional |
| |
6|strategy, presentation methods and resources utilized to incorporate |
| |
7|the concepts of traffic safety, must provide for but not be limited |
| |
8|to the following: |
| |
9| a. driver personality traits - behavioral attitudes, |
| |
10| b. driver qualifications and limitations, |
| |
11| c. effects of alcohol and other drugs, and |
| |
12| d. current accident prevention and defensive driving |
| |
13| techniques: speed control, perception, reactions, |
| |
14| lane positioning, safe turning and passing, occupant |
| |
15| restraints, following distance and rules of the road; |
| |
16| and |
| |
17| 5. Provide at least six (6) four (4) hours of classroom |
| |
18|instruction. |
| |
19| C. Organizations or institutions desirous of making application |
| |
20|shall submit the following to the Department of Public Safety: |
| |
21| 1. Evidence of organizational or institutional status which |
| |
22|meet statutory requirements; |
| |
23| |
| |
24| |
| |
Page 25
___________________________________________________________________________
1| 2. Copy of proposed course curriculum which includes lesson |
| |
2|objectives, presentation materials, instructional strategy and |
| |
3|resources utilized; |
| |
4| 3. Certification that instructors meet statutory requirements; |
| |
5|and |
| |
6| 4. Upon Department of Public Safety approval said, the |
| |
7|organization or institution shall be considered for point credits as |
| |
8|set forth in this section. |
| |
9| D. The Department of Public Safety is authorized to grant a two |
| |
10|point two-point credit towards the Oklahoma Point System Regulations |
| |
11|to any person who successfully completes a course pursuant to this |
| |
12|section provided only one such course shall be acknowledged once |
| |
13|every twenty-four (24) months. |
| |
14| E. The Department, upon giving of notice and hearing, may |
| |
15|decline to grant credit points to any organization or institution |
| |
16|for: |
| |
17| 1. Unethical conduct of an instructor or official of an |
| |
18|institution or organization; |
| |
19| 2. Failure to satisfactorily resolve citizens' complaints; |
| |
20| 3. Falsifying or misrepresenting any document or information to |
| |
21|the Department or student; |
| |
22| 4. Failure of an organization or instructor to meet statutory |
| |
23|requirements; |
| |
24| |
| |
Page 26
___________________________________________________________________________
1| 5. Conflict of interest by the organization or institution |
| |
2|and/or its personnel; or |
| |
3| 6. Failure of an organization, institution or instructor to |
| |
4|continue to meet statutory requirements as provided for in this |
| |
5|section. |
| |
6| F. Course enrollment will shall be limited to not more than |
| |
7|thirty students with an enrollment fee of Fifty Dollars ($50.00) per |
| |
8|student. |
| |
9| G. Enrollment in the course shall not be limited to persons |
| |
10|ordered to enroll, attend and successfully complete the course. |
| |
11| H. The organization or institution shall within fifteen (15) |
| |
12|days of the completion certify to the Department of Public Safety |
| |
13|all persons who successfully complete the course on a form approved |
| |
14|or furnished by the Department. This shall include the person's |
| |
15|full name, address, date of birth and driver license number. |
| |
16| I. Department personnel shall be admitted to any course without |
| |
17|charge, upon request and display of proper credentials. |
| |
18| J. Each organization or institution shall develop auditing |
| |
19|procedures which could be utilized to show compliance with this |
| |
20|section. |
| |
21| K. Any point credit allowed must comply with the Department's |
| |
22|Point System Regulations. |
| |
23| SECTION 6. AMENDATORY 47 O.S. 2021, Section 801, is |
| |
24|amended to read as follows: |
| |
Page 27
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1| Section 801. As used in Section 801 et seq. of this title: |
| |
2| (A) 1. "Commercial driver training school" or "school" means a |
| |
3|business enterprise conducted by an individual, association, |
| |
4|partnership, or corporation, for the education and training of |
| |
5|persons, either practically or theoretically, or both, to operate or |
| |
6|drive motor vehicles and/or to prepare an applicant for an |
| |
7|examination given by the state for a driver license including a |
| |
8|restricted Class D license for persons fifteen and one-half (15 1/2) |
| |
9|years old or for a farm permit as defined in Section 6-105 of this |
| |
10|title, and charging a consideration or tuition for such services.; |
| |
11| (B) 2. "Instructor" means any person, whether acting for |
| |
12|himself or herself as operator of a commercial driver training |
| |
13|school or for any such school for compensation, who teaches, |
| |
14|conducts classes of, gives demonstrations to, or supervises practice |
| |
15|of persons learning to operate or drive motor vehicles or preparing |
| |
16|to take an examination for a driver license including a restricted |
| |
17|Class D license for persons fifteen and one-half (15 1/2) years old |
| |
18|as defined in or for a permit to operate vehicles issued under |
| |
19|Section 6-105 of this title, and any person who supervises the work |
| |
20|of any other such instructor.; and |
| |
21| (C) 3. "Commissioner" means the Commissioner of Public Safety. |
| |
22| SECTION 7. AMENDATORY 47 O.S. 2021, Section 803, as |
| |
23|amended by Section 27, Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2023, |
| |
24|Section 803), is amended to read as follows: |
| |
Page 28
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1| Section 803. (A) A. No commercial driver training school shall |
| |
2|be established nor any such existing school continued on or after |
| |
3|the effective date of this act August 10, 1967, unless such school |
| |
4|applies for and obtains from Service Oklahoma a license in the |
| |
5|manner and form prescribed by Service Oklahoma. |
| |
6| (B) B. Regulations adopted by Service Oklahoma, in conjunction |
| |
7|with the Department of Public Safety, shall state the requirements |
| |
8|for a school license, including requirements concerning location, |
| |
9|equipment, courses of instruction, instructors, previous records of |
| |
10|the school and instructors, financial statements, schedule of fees |
| |
11|and charges, character and reputation of the operators and |
| |
12|instructors, insurance in such sum and with such provisions as |
| |
13|Service Oklahoma, in conjunction with the Department of Public |
| |
14|Safety, deems necessary to protect adequately the interests of the |
| |
15|public, and such other matters as Service Oklahoma may prescribe for |
| |
16|the protection of the public. Such regulations shall allow the use |
| |
17|of electronic signatures on all documents submitted by a school or |
| |
18|instructor. |
| |
19| (C) C. Every school offering instruction for a restricted Class |
| |
20|D license for persons fifteen and one-half (15 1/2) years old as |
| |
21|defined in or a permit to operate vehicles issued under Section |
| |
22|6-105 of this title must provide for a minimum number of hours of |
| |
23|actual classroom and field driving instruction as determined by |
| |
24| |
| |
Page 29
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1|Service Oklahoma, in conjunction with the Department of Public |
| |
2|Safety. |
| |
3| SECTION 8. AMENDATORY 47 O.S. 2021, Section 805, as |
| |
4|amended by Section 29, Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2023, |
| |
5|Section 805), is amended to read as follows: |
| |
6| Section 805. All licenses shall expire on the last day of the |
| |
7|calendar year and may be renewed upon application to Service |
| |
8|Oklahoma as prescribed by its regulation. Each application for an |
| |
9|original or renewal school license shall be accompanied by a fee of |
| |
10|Twenty-five Dollars ($25.00) for a one-year license or One Hundred |
| |
11|Dollars ($100.00) for a four-year license. Each application for an |
| |
12|original or renewal instructor's license shall be accompanied by a |
| |
13|fee of Five Dollars ($5.00) for a one-year license or Twenty Dollars |
| |
14|($20.00) for a four-year license. The license fees collected |
| |
15|pursuant to Sections 801 through 808 of this title shall be remitted |
| |
16|to the State Treasurer to be credited to the General Revenue Fund in |
| |
17|the State Treasury. No license fee shall be refunded in the event |
| |
18|that the license is rejected, suspended, or revoked. |
| |
19|SECTION 9. This act shall become effective November 1, 2024." |
| Passed the House of Representatives the 23rd day of April, 2024. |
20| |
| |
21| |
| |
22| |
| Presiding Officer of the House of |
23| Representatives |
| |
24| |
| Passed the Senate the ____ day of __________, 2024. |
Page 30
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1| |
| |
2| |
| |
3| |
| Presiding Officer of the Senate |
4| |
| |
5| |
| |
6| |
| |
7| |
| |
8| |
| |
9| |
| |
10| |
| |
11| |
| |
12| |
| |
13| |
| |
14| |
| |
15| |
| |
16| |
| |
17| |
| |
18| |
| |
19| |
| |
20| |
| |
21| |
| |
22| |
| |
23| |
| |
24| |
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Page 31
