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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2177 By: Hilbert
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2011, Section 6-205.2, as last amended by Section 1,
Chapter 214, O.S.L. 2015 (47 O. S. Supp. 2020, Section
6-205.2), which relates to the disqualification of
persons from operating commercial motor vehicles;
providing lifetime disqualification fr om operating
commercial motor vehicles for certain felony
conviction; and providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 6 -205.2, as
last amended by Section 1, Chapter 214, O.S.L. 2015 (47 O.S. Supp.
2020, Section 6-205.2), is amended to read as follows:
Section 6-205.2 A. As used in this section, "conviction"
means:
1. A nonvacated adjudication of guilt;
2. A determination that a person has violated or failed to
comply with this section in any court or by the Department of Public
Safety following an administrative determination;
3. A nonvacated forfeiture of bail or collateral deposited to
secure a person's appearance in court;
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4. A plea of guilty or nolo contendere accepted by the court;
5. The payment of any fine or court cos ts; or
6. A violation of a condition of release without bail,
regardless of whether or not the penalty is rebated, suspended or
probated.
B. The Department of Public Safety shall disqualify any person
from operating a Class A, B or C commercial motor veh icle for a
period of not less than one (1) year upon receiving a record of
conviction of any of the following disqualifying offenses, when the
conviction has become final:
1. Driving, operating or being in actual physical control of a
Class A, B or C comm ercial motor vehicle while having a blood or
breath alcohol concentration, as defined in Section 756 of this
title, or as defined by the state in which the arrest occurred, of
four-hundredths (0.04) or more;
2. Refusing to submit to a test for determinati on of alcohol
concentration, as required by Section 751 of this title, or as
required by the state in which the arrest occurred, while operating
a Class A, B or C commercial motor vehicle, or if the person is the
holder of a commercial driver license, comm itting the offense while
operating any vehicle;
3. Driving or being in actual physical control of a Class A, B
or C commercial motor vehicle while under the influence of alcohol
or any other intoxicating substance or the combined influence of
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alcohol and any other intoxicating substance, or if the person is
the holder of a commercial driver license, committing the offense
while operating any vehicle. Provided, the Department shall not
additionally disqualify, pursuant to this subsection, if the
person's driving privilege has been disqualified in this state
because of a test result or test refusal pursuant to paragraph 1 or
2 of this subsection as a result of the same violation arising from
the same incident;
4. Knowingly leaving the scene of a collision w hich occurs
while operating a Class A, B or C commercial motor vehicle, or if
the person is the holder of a commercial driver license, committing
the offense while operating any vehicle;
5. Any felony during the commission of which a Class A, B or C
commercial motor vehicle is used, except a felony involving the
manufacture, distribution or dispensation of a controlled dangerous
substance, or if the person is the holder of a commercial driver
license, committing the offense while operating any vehicle;
6. Operating a commercial motor vehicle while the commercial
driving privilege is revoked, suspended, canceled, denied, or
disqualified;
7. Manslaughter homicide, or negligent homicide occurring as a
direct result of negligent operation of a commercial moto r vehicle,
or, if the person is the holder of a commercial driver license,
committing the offense while operating any vehicle;
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8. Fraud related to examination for or issuance of a commercial
learner permit or a Class A, B or C driver license; or
9. Failure to submit to skills or knowledge reexamination, or
both, for the purpose of issuance of a commercial learner permit or
a Class A, B or C driver license within thirty (30) days of receipt
of notification from the Department.
C. The Department of Public Safety shall disqualify any person
from operating a Class A, B or C commercial motor vehicle for a
period of not less than three (3) years upon receiving a record of
conviction of any of the disqualifying offenses described in
subsection B of this section, committed in connection with the
operation of a motor vehicle which is required to be placarded for
hazardous materials under 49 C.F.R., Part 172, subpart F, when the
conviction has become final.
D. The Department of Public Safety shall disqualify any pe rson
from operating a Class A, B or C commercial motor vehicle for life
upon receiving a record of conviction in any court of any of the
disqualifying offenses described in subsection B of this section
after a former conviction of any of the following disq ualifying
offenses, when the second conviction has become final.
The Department of Public Safety may promulgate rules
establishing conditions under which a disqualification for life
pursuant to the provisions of this subsection may be reduced to a
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period of not less than ten (10) years provided a previous lifetime
disqualification has not been reduced.
E. The Department of Public Safety shall disqualify any person
from operating a Class A, B or C commercial motor vehicle for life
upon receiving a record of conviction for any:
1. Any felony related to the manufacture, distribution or
dispensation of a controlled dangerous substance in the commission
of which a Class A, B or C commercial motor vehicle is used, or if
the person is the holder of a commercial d river license, committing
the offense while operating any vehicle, when the conviction has
become final; or
2. Any felony for the offense of human trafficking for labor or
human trafficking for commercial sex pursuant to the provisions of
Section 748 of Title 21 of the Oklahoma Statutes .
F. The Department of Public Safety shall disqualify any person
from operating a Class A, B or C commercial motor vehicle for sixty
(60) days upon receiving a record of a second conviction of the
person for a serious traff ic offense arising out of separate
transactions or occurrences within a three -year period, when the
convictions have become final. The Department of Public Safety
shall disqualify any person from operating a Class A, B or C
commercial motor vehicle for on e hundred twenty (120) days upon
receiving a record of a third conviction of a person for a serious
traffic offense arising out of separate transactions or occurrences
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within a three-year period, when the convictions have become final;
provided, the one-hundred-twenty-day period shall run in addition to
and shall not run concurrently with any other period
disqualification imposed pursuant to this subsection. As used in
this subsection, "serious traffic offense " shall mean any of the
following offenses comm itted while operating a commercial motor
vehicle:
1. Speeding fifteen (15) miles per hour or more over the limit;
2. Reckless driving;
3. Any traffic offense committed that results in or in
conjunction with a motor vehicle collision resulting in a fatal ity;
4. Erratic or unsafe lane changes;
5. Following too closely;
6. Failure to obtain a commercial driver license;
7. Failure to have in possession of the person a commercial
driver license;
8. Failure to have:
a. the proper class of commercial drive r license for the
class of vehicle being operated,
b. the proper endorsement or endorsements for the type of
vehicle being operated, including but not limited to,
passengers or type of cargo being transported, or
c. both proper class and proper endorsement , as provided
in subparagraphs a and b of this paragraph;
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9. Operating a commercial motor vehicle while using a cellular
telephone or electronic communication device to write, send or read
a text-based communication; or
10. Operating a commercial motor v ehicle while using a hand -
held mobile telephone.
For the purposes of paragraphs 9 and 10 of this subsection,
operating a commercial motor vehicle and using an electronic
communication device or a hand -held mobile telephone is permissible
by the operator when necessary to communicate with law enforcement
officials or other emergency services. Further, for the purposes of
paragraphs 9 and 10 of this subsection, "operate" means operating on
a street or highway, including while temporarily stationary because
of traffic, a traffic control device or other momentary delays.
Operating does not include when the driver of a commercial motor
vehicle has moved the vehicle to the side of or off a street or
highway and has halted in a location where the vehicle can safe ly
remain stationary.
G. Upon the receipt of a person 's record of conviction of
violating a lawful out -of-service order, when the conviction becomes
final the Department shall disqualify the driving privilege of the
person as follows:
1. For a first conv iction for violating an out -of-service
order:
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a. except as provided in subparagraph b of this
paragraph, the period of disqualification shall be for
one-hundred eighty (180) days, or
b. while transporting hazardous materials required to be
placarded under the Hazardous Materials Transportation
Act, 49 P. app. 180-1813, or while operating a motor
vehicle designed for transport of sixteen (16) or more
passengers, including the driver, the period of
disqualification shall be for one (1) year;
2. For a second conviction within ten (10) years for violating
an out-of-service order:
a. except as provided in subparagraph b of this
paragraph, the period of disqualification shall be for
two (2) years, or
b. while transporting hazardous materials required to be
placarded under the Hazardous Materials Transportation
Act, 49 P. app. 180-1813, or while operating a motor
vehicle designed for transport of sixteen (16) or more
passengers, including the driver, the period of
disqualification shall be for three (3) years; and
3. For a third or subsequent conviction within ten (10) years
for violating an out -of-service order, the period of
disqualification shall be for three (3) years.
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H. Upon determination by the Department that fraudulent
information was used to apply for or obtain a Class A, B or C driver
license, the Department shall disqualify the driving privilege of
the applicant or licensee for a period of sixty (60) days.
I. Any person who drives a Class A, B or C commercial motor
vehicle on any public roads, streets, highways, turnpikes or any
other public place of this state at a time when the person has been
disqualified or when the privilege to do so is canceled, denied,
suspended or revoked shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine of not less than One Hundred
Dollars ($100.00) and not more than Five Hundred Dollars ($500.00),
or by imprisonment for not more than one (1) year, or by both such
fine and imprisonment. Each act of driving as prohibited shall
constitute a separate offense.
J. Upon the receipt of the record of a convi ction of a person
of a railroad-highway grade crossing offense in a commercial motor
vehicle, pursuant to Sections Section 11-701 or 11-702 of this title
or Section 11-1115 of this title, or upon recei pt of an equivalent
conviction from any state, when the conviction becomes final, the
Department shall disqualify the driving privileges of the person
convicted as follows:
1. The first conviction shall result in disqualification for
sixty (60) days;
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2. The second conviction within three (3) years shall result in
disqualification for one hundred twenty (120) days; and
3. The third or subsequent conviction within three (3) years
shall result in disqualification for one (1) year.
K. The Department, upon r eceipt of a written notice of
immediate disqualification issued by the Federal Motor Carrier
Safety Administration under 49 CFR 383.52, shall immediately
disqualify the person 's commercial driving privilege for the period
of time specified on the written n otice.
L. The periods of disqualification as defined by this section
shall not be modified. A person may not be granted driving
privileges to operate a Class A, B or C commercial vehicle until the
disqualification is reinstated.
M. When any record of co nviction, as specified in this section,
is received by the Department and pertains to a nonresident operator
of a Class A, B or C commercial motor vehicle, or if the nonresident
operator is the holder of a commercial driver license, a record of
the conviction pertaining to the nonresident operator of any
vehicle, the Department shall not disqualify the person and shall
report the conviction to the licensing jurisdiction in which the
license of the nonresident to operate the commercial vehicle was
issued.
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N. Any person who is disqualified from driving under the
provisions of this section shall have the right of appeal, as
provided in Section 6 -211 of this title.
SECTION 2. This act shall become effective November 1, 2021.
58-1-5130 GRS 01/04/21