SENATE FLOOR VERSION - HB2183 SFLR Page 1
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SENATE FLOOR VERSION
March 29, 2021
ENGROSSED HOUSE
BILL NO. 2183 By: Johns and West (Josh) of
the House
and
Standridge and Bergstrom of
the Senate
An Act relating to driver licenses; amending 47 O.S.
2011, Section 6-110, as last amended by Section 1,
Chapter 395, O.S.L. 2019 (47 O.S. Supp. 2020, Section
6-110), which relates to examination of applicants
for driver licenses; allowing a public transit agency
to hire or employ certain examiners; requiring the
Department of Public Saf ety to approve at least one
public transit agency meeting certain criteria;
authorizing public transit agency to use third -party
examiners; modifying date for promulgation of rules;
amending 47 O.S. 2011, Section 6 -110.1, as amended by
Section 1, Chapter 1 37, O.S.L. 2020 (47 O.S. Supp.
2020, Section 6-110.1), which relates to
endorsements; allowing certain existing driver
license holders to test for only the new endorsement
sought; and providing an effective date.
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011 , Section 6-110, as
last amended by Section 1, Chapter 395, O.S.L. 2019 (47 O.S. Supp.
2020, Section 6-110), is amended to read as follows:
Section 6-110. A. 1. The Dep artment of Public Safety shall
examine every applicant for an original Class A, B, C or D license
SENATE FLOOR VERSION - HB2183 SFLR Page 2
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
and for any endorsements thereon, except as otherwise provided in
Section 6-101 et seq. of this title or as provided in paragraph 2 of
this subsection or in s ubsections D and E of this section. The
examination shall include a test of the appl icant'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 may create a knowledge test that ma y 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 li cense for that class.
2. The Department of Public Safety 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 D epartment of Public Safety
and surrenders surrender either of the following:
SENATE FLOOR VERSION - HB2183 SFLR Page 3
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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. The Department shall accept skills test results from another
state for Class A, B or C lice nse applicants who have successfully
completed commercial motor vehicle driver training in that state and
successfully passed the skills test in that state; provided, the
Department 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 the Department from adminis tering 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
SENATE FLOOR VERSION - HB2183 SFLR Page 4
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
determine whether the applicant is eligible for renewal of the
endorsement pursuant to federal la w and regulation.
5. The Department of Public Safety shall give the complete
examination as provided for in this section within thirty (30) days
from the date the applica tion is received, and the examination shall
be given at a location within one hundred (100) miles of the
residence of the applicant. The Department shall make every effort
to make the examination locations and times convenient for
applicants. The Departm ent shall consider giving the examination at
various school sites if the district boa rd of education for the
district in which the site is located agrees and if economically
feasible and practicable.
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 the Departmen t 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 h as been received by
the Department, 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.
SENATE FLOOR VERSION - HB2183 SFLR Page 5
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 the Depa rtment of Public Safety for the
purposes of administering the Class D driving skills portion of the
Oklahoma driving examination to any person who has not previously
been a student of the instructor.
2. The Department of Public Safety shall adopt a curric ulum 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 the Department of Public Safety.
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 subsectio n, the person
shall be required to pay an annual designated examiner certification
SENATE FLOOR VERSION - HB2183 SFLR Page 6
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
fee of Five Hundred Dollars ($500.00). If an applicant for the
designated examiner prog ram 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 the
Department. Each designated examiner certification shall expire on
the last day of the calendar year a nd may be renewed upon
application to the Department of Public Safety. The designated
examiner certification fees collected by the Department pursuant to
this subsection shall be deposited to the credit of the Department
of Public Safety Restricted Revolv ing Fund to be used for the
purposes of this subsection. 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 of no more than
Twenty-five Dollars ($25.00) for each Class D driving skills
examination given, whether the person being examined passes or fails
the examination.
5. The Department shall conduct an ann ual 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 exa miner or designated examiner
applicant.
SENATE FLOOR VERSION - HB2183 SFLR Page 7
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. The Department of Public Safety shall pro mulgate rules to
implement and administer the provisions of this subsection.
E. 1. Upon application and approval of the Commissioner of the
Department of Public Safety, 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 the State of Oklahoma shall
be authorized to hire or employ designated examiners approved by the
Department of Public Safety to be third-party examiners of the Class
A, B or C driving skills portion of the Oklahoma driving
examination. All designated examiners must successfully have
completed the courses and training as outlined in paragraph 2 of
this subsection. The Department of Public Safety 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 the Department.
2. The Department of Public Safety 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
the Department of Public Safety.
SENATE FLOOR VERSION - HB2183 SFLR Page 8
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. The Department shall conduct on an annual basis a complete
nationwide criminal history background check on each third -party
examiner and a complete nationwide criminal history background check
on each third-party examiner applicant. The fees for the background
check shall be borne by the third -party examiner or third-party
examiner applicant.
F. The Department of Public Safety shall promulgate rules no
later than December 15, 2019 2021, to:
1. Implement and administer the provisions of this section
based on requirements set forth in Section 383.75 of T itle 49 of the
Code of Federal Regulations;
2. Establish a process to inform any school or, public transit
agency, examiner, or state, county or municipal government agen cy,
who has been denied, within forty-five (45) days from the denial;
3. Create an appeal process for any school or, public transit
agency, examiner, or state, county or municipal government agency
denied; and
4. If the initial application for approval w as denied, limit
the number of times an individual school or, public transit agency ,
individual examiner applicant , or state, county or municipal
government agency may reapply in a calendar year to two
reapplications.
SENATE FLOOR VERSION - HB2183 SFLR Page 9
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. AMENDATORY 47 O.S. 2011, Section 6-110.1, as
amended by Section 1, Chapter 137, O.S.L. 2020 (47 O.S. Supp. 2020,
Section 6-110.1), is amended to read as follows:
Section 6-110.1 A. The following endorsements shall be placed
on an Oklahoma driver license t o any person qualifying therefore as
determined by the Department of Public Safety. Any person having an
original Class A, B, C or D Oklahoma driver license shall only be
required to take the supporting written endorsement testing which is
required to endorse the original Class A, B, C or D Oklahoma driver
license.
Endorsement Authorizes the operation of:
"H" A non-tank-type vehicle used to
transport hazardous materials in
placardable amounts pursuant to 49
C.F.R., Part 172, subpart F;
"M" A motorcycle;
"N" A tank vehicle as defined in Section
1-173.1 of this title;
"P" A vehicle designed by the
manufacturer to transport sixteen or
more passengers, including the
driver;
"S" A school bus;
SENATE FLOOR VERSION - HB2183 SFLR Page 10
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
"T" A vehicle with double or triple
trailers;
"X" A tank vehicle used to transport
hazardous materials in placardable
amounts pursuant to 49 C.F.R., Part
172, subpart F.
B. The Department may also provide for additional endorsements
as may be needed or as otherwise provided for by law.
C. No person shall ope rate a motor vehicle requiring
endorsements as provided for in this section without h aving a valid
Class A, B, C or D license with the required endorsements.
D. All endorsements as provided for in this section must be
obtained prior to the operation of su ch vehicles. However, the
requirement for a hazardous materials endorsement is not r equired
for the operation of farm vehicles used to transport pesticides,
fertilizers, or other products integral to farming, but which are
defined as hazardous materials. If, after obtaining a hazardous
material endorsement, a person becomes ineligible fo r the hazardous
material endorsement pursuant to state or federal law, or both, or
any regulation, the Department of Public Safety shall provide notice
as provided in Section 2-116 of this title. A person will have
thirty (30) days from the date of the no tice to appear at a
designated testing facility to apply and be issued a commercial
driver license without the endorsement. Failure to comply within
SENATE FLOOR VERSION - HB2183 SFLR Page 11
(Bold face denotes Committee Amendments) 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the required time sha ll be grounds for the Department of Public
Safety to disqualify the commercial driver license of the person
until compliance has been met.
SECTION 3. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLI C SAFETY
March 29, 2021 - DO PASS