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ENGROSSED HOUSE
BILL NO. 3822 By: Newton, Davis, and Phillips
of the House
and
Murdock of the Senate
An Act relating to driver licenses; amending 47 O.S.
2021, Section 6-105, which relates to farm vehicle
special permits; deleting certain special permit;
allowing individuals of a certain age to make
application for a farm permit; authorizing operation
of certain vehicles; specifying scenarios when permit
may be used for permit holders of a certain ag e;
providing requirements for farm permit issuance;
providing restrictions for permit holders of a
certain age; prohibiting use of certain device while
driving; providing exception; defining term;
providing for suspension and revocation of permit;
requiring certain affidavit; stating content
requirements for affidavit; disallowing the
admissibility of certain evidence; providing
violations resulting in license restrictions; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 6-105, is
amended to read as follows:
Section 6-105. A. Unless a legal custodial parent or legal
guardian has filed an objection to licensure pursuant to Section 6 -
103.1 of this title, any person under eightee n (18) years of age who
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is in compliance with or not subject to Section 6 -107.3 of this
title may be permitt ed to operate:
1. A Class D motor vehicle under the gradu ated driver license
provisions prescribed in subsections B through E of this section;
2. A motorcycle under the provisions pre scribed in subsection H
of this section; or
3. A farm vehicle under the provisions prescribed in subsection
I of this section.
B. Any person who is at least fifteen (15) years of age may
drive during a session in whic h the driver is being instructed in a
driver education course, as set out in subparagraphs a, b, c, d an d
e of paragraph 1 of subsection C of this section, by a certi fied
driver education instructor who is seated in the right front seat of
the motor vehicle.
C. Any person:
1. Who is at least fifteen and one-half (15 1/2) years of age
and is currently rec eiving instruction in or has successfully
completed driver educa tion. For purposes of this section, the term
"driver education" shall mean:
a. a prescribed secondary school driver education course,
as provided for in Sections 19 -113 through 19-121 of
Title 70 of the Oklahoma Statutes,
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b. a driver education course, cer tified by the Departme nt
of Public Safety, from a parochial, private, or other
nonpublic secondary school,
c. a commercial driver training course, as defined by
Sections 801 through 808 of this title,
d. a parent-taught driver education course, certified b y
the Department of Pu blic Safety. The Department shall
promulgate rules for any parent -taught driver
education course, or
e. a driver education course certified by a state other
than Oklahoma; or
2. Who is at least sixteen (16) years of age,
may, upon successfully passing al l parts of the driver license
examination administered by the Depart ment, or an approved written
examination proctor, except the driving examination, be issued a
learner permit which will grant the permittee the privilege to
operate a Class D motor vehicle upon the public highways only
between the hours of 5:00 a.m. and 10 :00 p.m. and while accompanied
by a licensed driver who is at least twenty -one (21) years of ag e
and who is actually occupying a seat beside the permittee; provided,
the written examinatio n for a learner permit may be waived by the
Department of Public Saf ety upon verification that the person has
successfully completed driver education.
D. 1. Any person:
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a. who has applied for, been issued, and has possessed a
learner permit for a minimum of six (6) months, and
b. whose custodial legal parent or legal gua rdian
certifies to the Department by sworn affidavit that
the person has received a minimum of fifty (50) hours
of actual behind-the-wheel training, of which at least
ten (10) hours of suc h training was at night, from a
licensed driver who was at least twe nty-one (21) years
of age and who was properly licensed to operate a
Class D motor vehicle f or a minimum of two (2) years,
may be issued an intermediate Class D licen se upon successfully
passing all parts of the driver license examinations administered by
the Department; provided, the written examination, if it has not
previously been administer ed or waived, may be waived by the
Department upon verification that the pe rson has successfully
completed driver education or the driving examination may be waived
by the Department upon successful pas sage of the examination
administered by a certified de signated examiner, as provided for in
Section 6-110 of this title. However, notwithstanding the date of
issuance of the learner permit, if the person has been convi cted of
a traffic offense which is re ported on the driving record of that
person, the time period specified in subparagraph a of this
paragraph shall be recalculated to begin from the date of conviction
for the traffic offense, and must elapse before that person may be
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issued an intermediate Class D license. If the person has been
convicted of more than one traffic offense which is reported on the
driving record of th at person, the time pe riod specified in
subparagraph a of this paragraph shall be recalcul ated to begin from
the most recent date of conviction, and must elapse before that
person may be issued an intermediate Class D license.
2. A person who has been iss ued an intermediate Cl ass D license
under the provisions of this subsection:
a. shall be granted the privilege to operate a Cla ss D
motor vehicle upon the public highways:
(1) only between the hours of 5:00 a.m. and 10:00
p.m., except for driving to and fr om work,
school, school activities, and church activities,
or
(2) at any time, if a licens ed driver who is at least
twenty-one (21) years of age is actually
occupying a seat bes ide the intermediate Class D
licensee, or if the intermediate Class D licensee
is a farm or ranch res ident, and is operating a
motor vehicle while engaged in farming or
ranching operations outside the limit s of a
municipality, or driving to and from work,
school, school activities, or church activities,
and
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b. shall not operate a mot or vehicle with more t han one
passenger unless:
(1) all passengers live in the same househ old as the
custodial legal parent or legal guardian, or
(2) a licensed driver at lea st twenty-one (21) years
of age is actually occupying a seat beside the
intermediate Class D licensee.
E. Any person who has been issued an intermediate Class D
license for a minimum of:
1. One (1) year; or
2. Six (6) months, if the person has comple ted both the driver
education and the parent -certified behind-the-wheel training
provisions of subparagraph b of paragraph 1 of subsection D of this
section,
may be issued a Class D license. However, notwithstan ding the date
of issuance of the Class D li cense, if the person has been convicted
of a traffic offense which is reported on the driving record of that
person, the time periods specified in paragraph 1 or 2 of this
subsection, as applicable, shall be recal culated to begin from the
date of conviction for the traffic offense, and must elapse before
that person may be issued a Class D license. If the person has been
convicted of more than one traffic offense which is repor ted on the
driving record of that per son, the time periods specified in
paragraph 1 or 2 of this subsection, as applicable, shall be
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recalculated to begin from the mo st recent date of conv iction, and
must elapse before that person may be issued a Class D l icense.
F. Learner permits and inter mediate Class D licenses shall be
issued for the same period as all other driver licenses . The
licenses may be suspended or canc eled at the discretion of the
Department for violation of restrictions, for failing to giv e the
required or correct information on the application, for knowingly
giving false or inaccurate information on the application or any
subsequent documentation rela ted to the granting of driving
privileges, for using a hand -held electronic device while o perating
a motor vehicle for non-life-threatening emergency purposes or for
violation of any traffic laws of this state pertaining to the
operation of a motor vehicle .
G. The Department of Public Safety shall promulgate rules
establishing procedures for r emoval of learner permit and
intermediate Class D license restrictions from th e permit or license
upon the permittee or licensee qualifying for a less restricted or
an unrestricted license .
H. Any person fourteen (14) years of age or older may apply for
a restricted Class D license with a mo torcycle-only restriction.
After the person has successfully passed all parts of the motorcycle
examination other than the drivi ng examination, has su ccessfully
completed a certified state -approved motorcycle basic rid er course
approved by the Department, and has met all requirements provided
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for in the rules of the Department, the Department shall issue to
the person a restricted Class D license with a motorcycle-only
restriction which shall grant to the person, while having the
license in the person's immediate possession, the privilege to
operate a motorcycle or motor -driven cycle:
1. With a piston displacement not to exceed thr ee hundred (300)
cubic centimeters;
2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
3. While wearing approved protective headgear; and
4. While accompanied by and receiving instruction from any
person who is at least twenty -one (21) years of age an d who is
properly licensed pursuant to the laws of this state to operate a
motorcycle or motor-driven cycle, and who has visual contact with
the restricted license e.
The restricted licensee may apply on or after thirty (30) days
from date of issuance of th e restricted Class D l icense with a
motorcycle-only restriction to have the restriction of being
accompanied by a licensed driv er removed by successfully completi ng
the driving portion of an examination.
The written examination and driving examination for a restricted
Class D license with a motorcycle -only endorsement shall be waived
by the Department of Public Safety upon verific ation that the person
has successfully completed a certified state -approved motorcycle
basic rider course approved by the Departm ent.
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I. The Department may in its discretion issue a special permit
to any person who has attained the age of fourteen (14) ye ars,
authorizing such person to o perate farm vehicles between the farm
and the market to haul commodities grown on the farm; prov ided, that
the special permit shall be temporary and shall expire not more than
thirty (30) days after the issuance of the spec ial permit. Special
permits shall be issued only to farm residents and shall be issued
only during the time of the harvest of th e principal crops grow n on
such farm. Provided, however, the Department shall not issue a
special permit pursuant to this subs ection until the Department is
fully satisfied after the examination of the application and other
evidence furnished in support t hereof, that the perso n is physically
and mentally developed to such a degree that the ope ration of a
motor vehicle by the pers on would not be inimical to publi c safety.
1. Any person who is less than seventeen (17) years of age but
is at least fourteen (14) years of age and who resides upon a farm
in this state or is employed for compensation u pon a farm in this
state may apply to the Department of Public Safety for a farm permit
authorizing such person, while possessing the permit, to operate any
Class D motor vehicle.
2. a. A farm permit shall entitle the licensee, who is at
least fourteen (14) years of age but less than sixteen
(16) years of age, to operate the appropriate motor
vehicles at any time:
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(1) while going to or from or in connection with any
farm job, employment , or other farm-related work,
(2) on days while school is in session, o ver the most
direct and accessible route between the
licensee's residence and school of enrollment for
the purpose of school attendance , or
(3) when the licensee is operating a passenger car at
any time when accompanied by an adult who is the
holder of a valid commercial driver license,
Class A, B, C, or D driver license and who is
actually occupying a seat beside the driver.
b. For a period of six (6) months, a farm permit shall
entitle the licensee who is at least sixteen (16)
years of age to operate the appropriate motor vehicles
at any time:
(1) from 5:00 a.m. to 9:00 p.m. ,
(2) while going to or from or in co nnection with any
farm job, employment, or other farm-related work,
(3) while going to or from authorized school
activities,
(4) while going directly to or from any religious
worship service held by a religious organi zation,
or
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(5) while the licensee is operating a passenger car
at any time while accompanied by an adult who is
the holder of a valid commercial driver license,
Class A, B, or C driver license, and who is
actually occupying a seat beside the driver.
After such six-month period, if the licensee has complied with the
provisions of this subsection, such farm permit shall en title the
licensee to operate the appropriate motor vehicles at any time
without the restrictions require d by this subsection.
3. A farm permit shall be issued only if:
a. the applicant can prove that such a pplicant resides or
works on a farm,
b. the applicant has successfully completed the
examination requirements in Section 6-110 of this
title, and
c. the applicant submits the signed affidavit of either a
parent or guardian stating that the applicant lives on
a farm or, if the applicant does not live on a farm
but works on a farm, the applicant submits the signed
affidavit of the applicant's employer and parent or
guardian attesting to such employment.
4. Any licensee issued a farm permit under this subsection:
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a. who is less than sixteen (16) years of age shall not
operate any motor vehicle with non sibling minor
passengers, or
b. who is at least sixteen (16) years of age, for a
period of six (6) months after reaching sixteen (16)
years of age, shall not operate any motor vehicle with
more than one passen ger who is less than eighteen (18)
years of age and who is not a mem ber of the licensee's
immediate family.
Any conviction for violating this paragraph shall be construed as a
moving traffic violation . The Department may, in its discretion,
suspend the permit of an individual for violation of this paragraph.
5. Any licensee issued a farm permit under this subsection
shall not operate a wireless communication device while driving a
motor vehicle, except that a licensee may operate a wireless
communication device while driving a motor vehicle to report illegal
activity or to summon medical or other emergency h elp.
6. As used in this subsection, "farm" means any parcel of land
larger than twenty (20) acres which is used i n agricultural
operations.
7. a. A farm permit issued under this subsection is subject
to suspension or revocation in the same manner as any
other driver license.
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b. A farm permit may be suspended in accordance with
Section 6-113 of this title for any violation of
restrictions under this subsection.
c. The Department of Public Safety shall suspend the farm
permit upon receiving satisfactory evidence that the
licensee has been involved in two or more accidents
chargeable to the licensee and such suspended license
shall not be reinstated for one (1) year.
8. Any licensee issued a farm permit under this subsection
shall provide, prior to reaching sixteen (16) years of age, a signed
affidavit of either a parent or guardian stating that the applicant
has completed at least fifty (50) hours of adult-supervised driving
with at least ten (10) of those hours being at nig ht. The adult-
supervised driving required by this paragraph shall be con ducted by
an adult who is at least twenty-one (21) years of age and is the
holder of a valid commercial driver license, Class A, B, C, or D
driver license. Evidence of failure of a ny licensee who was
required to complete t he fifty (50) hours of adult-supervised
driving under this subsection shall not be admissible in any action
for the purpose of determining any aspect o f comparative negligence
or mitigation of damages.
9. Any licensee issued a farm permit under this subsection who:
a. is under sixteen (16) years of age and is convicted of
two or more moving traffic violations committed on
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separate occasions shall not be eligible to receive a
driver license which is not restricted , in accordance
with the provisions of subparagraph a of paragraph 2
of this subsection, until the person reaches seventeen
(17) years of age,
b. is at least sixteen (16) years of age but less than
seventeen (17) years of age and is convicted of two or
more moving traffic violations committed on sep arate
occasions shall not be eligible to receive a driver
license which is not restricted , in accordance with
the provisions of subparagraph b of paragraph 2 of
this subsection, until the person reaches eighteen
(18) years of age, or
c. fails to provide the affidavit required under
paragraph 8 of this subsection shall not be eligible
to receive a driver license which is not restricted ,
in accordance with the provisions of subparagraph a of
paragraph 2 of this su bsection, until the person
provides such affidavit to the division or t he person
reaches seventeen (17) years of age, whichever o ccurs
first.
J. As used in this section:
1. "Hand-held electronic device" means a mobile telephone or
electronic device with which a user engages in a telephone call,
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plays or stores media, including but not limited to music and video,
or sends or reads a text message while requiring the use of at least
one hand; and
2. "Using a hand-held electronic device " means engaging any
function on an electronic device.
K. All driver education courses provided for in p aragraph 1 of
subsection C of this section s hall include education regarding the
dangers of texting while driving and the effects of being under the
influence of alcohol or other intoxicating substance while driving.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
Passed the House of Representatives the 7th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate