OK
Oklahoma House Bill HB3966

Oklahoma 2022 Regular Session

Oklahoma House Bill HB3966 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 2nd Session of the 58th Legislature (2022)
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3232 HOUSE BILL 3966 By: Burns
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3838 AS INTRODUCED
3939
4040 An Act relating to driver licenses; amending 47 O.S.
4141 2021, Section 6-110, which relates to the e xamination
4242 of applicants; requiring certain waiting period to
4343 retest after a failed exam; allowing testing upon
4444 showing proof of certain further training; and
4545 providing an effective date .
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5050 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5151 SECTION 1. AMENDATORY 47 O.S. 2021, Section 6 -110, is
5252 amended to read as follows:
5353 Section 6-110. A. 1. The Department of Public Safety shall
5454 establish procedures to ensure every applicant for an original Class
5555 A, B, C or D license and for any endorse ments thereon is examined by
5656 the Department, or an approved written examination proctor, except
5757 as otherwise provided in Section 6-101 et seq. of this titl e or as
5858 provided in paragraph 2 of t his subsection or in subsections D and E
5959 of this section. The Department is authorized to approve and enter
6060 into agreements with local school districts, the Oklahoma Department
6161 of Career and Technology Education, or ins titutions of higher
6262 education to act as approved written examination proctors with
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8989 regard to any written examination requir ed by this section. The
9090 examination shall include a test of the applicant's:
9191 a. eyesight,
9292 b. ability to read and understand highway signs
9393 regulating, warning and direct ing traffic,
9494 c. knowledge of the traffic laws of this state including
9595 a portion on bicycle and motorcycle safe ty, and
9696 d. ability, by actual demonstration, to exercise ordinary
9797 and reasonable control in the operation of a motor
9898 vehicle. The actual demonst ration shall be conducted
9999 in the type of motor vehicle for the cl ass of driver
100100 license being applied for.
101101 The Department of Public Safety may create a knowledge test that may
102102 be taken on the Internet by an applicant applying for a Class D
103103 license.
104104 Any licensee seeking to apply for a driver license of another class
105105 which is not covered by the licensee's current driver license shall
106106 be considered an applicant for an origin al license for that class.
107107 2. The Department of Public Safety shall have the authority to
108108 waive the requirement of any part of the examination required in
109109 paragraph 1 of this subsection for those ap plicants whose driving
110110 record meets the standards set by the Department of Public Safety
111111 and surrender either of the following:
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138138 a. a valid unexpired driver license issued by any state
139139 or country for the same ty pe or types of vehicles , or
140140 b. an expired driver license that:
141141 (1) is not expired more than six (6) mon ths past the
142142 expiration date listed on the driver license, and
143143 (2) is not a Class A, B o r C commercial driver
144144 license or commercial driver license permit .
145145 3. The Department of Public Safety shall accept skills test
146146 results from another state for Class A, B or C license applicants
147147 who have successfully completed commercial motor vehicle drive r
148148 training in that state and successfully passed the skills test in
149149 that state; provided , the Department shall not accept skills test
150150 results from another state when th e applicant has not successfully
151151 completed commercial motor vehicle driver training in t hat state.
152152 Nothing in this section shall be construed to prohibi t the
153153 Department of Public Safety from administering the skills test to
154154 any applicant who has successfu lly completed commercial vehicle
155155 driver training in another state.
156156 4. All applicants re quiring a hazardous materials endorsement
157157 shall be required, for the renewal of the endo rsement, to
158158 successfully complete the examination and to submit to a security
159159 threat assessment performed by the Transportation Security
160160 Administration of the Departmen t of Homeland Security as required by
161161 and pursuant to 49 C.F.R., Part 1572, which shall be used to
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188188 determine whether the applicant is eligible for renewal of the
189189 endorsement pursuant to federal law and regulation.
190190 5. The Department of Public Safety , or an approved written
191191 examination proctor, shall give the complete ex amination as provided
192192 for in this section with in thirty (30) days from the date the
193193 application is received, and the examination shall be given at a
194194 location within one hundred (100) miles of the residence of the
195195 applicant. The Department of Public Safety shall make every effor t
196196 to make the examinati on locations and times convenient for
197197 applicants. The Department of Public Safety shall consider giving
198198 the examination at various school sites if the district board of
199199 education for the district in which the site is located agrees and
200200 if economically feasible and practicable.
201201 6. Any Class D license applicant failing the written, driving,
202202 or endorsement examination shall be granted the opportunity to
203203 retest on the first regular business day following the expiration of
204204 a three-month waiting period. However, the opportunity to rete st
205205 may be granted prior to the end of the three -month waiting period
206206 upon a showing of proof by the applicant of the completion of
207207 further training from a certified driver education instructor .
208208 B. Any person holding a valid Oklahoma Class D license or
209209 provisional driver license pursuant to Section 6-212 of this title
210210 and applying for a Class A, B or C commercial license shall b e
211211 required to successfully complete all examin ations as required for
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238238 the specified class. Failure to submit to the Department of Public
239239 Safety federally required medical certification inform ation pursuant
240240 to 49 C.F.R., Part 391.41 et seq. shall result in an automatic
241241 downgrade of a commercial license to a Class D license. Provided,
242242 however, once the required medical certification information has
243243 been received by the Department of Public Safety, the license shall
244244 be reinstated to the classification of the commercial license prior
245245 to the downgrade and the holder of such a license shall not be
246246 required to reapply.
247247 C. Except as provided in subsection E of Section 6-101 of this
248248 title, any person holding a valid Oklahoma Class A, B or C
249249 commercial license shall , upon time for renewal thereof, be entitled
250250 to a Class D license without any type of testing or examination,
251251 except for any endorsements thereon as otherwise provided for by
252252 Section 6-110.1 of this title.
253253 D. 1. Any certified driver education instructor who is
254254 currently an operator or an employee of a commercial driver training
255255 school in this state or any driver education instructor employed by
256256 any school district in this state shall be elig ible to apply to be a
257257 designated examiner of the Department of Pu blic Safety for the
258258 purposes of administering the Class D driving skills portion of the
259259 Oklahoma driving examination to any person who has been issued a
260260 learner permit.
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287287 2. The Department of Public Safety shall adopt a curriculum of
288288 required courses and training to be offered to applicants who are
289289 qualified to apply to be a designated e xaminer. The courses and
290290 training for certification shall meet the same standards as required
291291 for driver examiners of the Department of Public Safety.
292292 3. Each person appl ying to be a designated examiner shall be
293293 required to pay an ini tial designated exam iner certification fee of
294294 One Thousand Dollars ($1,000.00). Upon successful completion of the
295295 training prescribed by paragraph 2 of this subsection, the person
296296 shall be required to pay an annual designated examiner certification
297297 fee of Five Hundred Dollars ($500.00). If an ap plicant for the
298298 designated examiner program is employed by an Oklahoma public school
299299 system that offers d river education, and he or she administers the
300300 skills test only to students enrolled in a public school driver
301301 education program, the certification fee may be waived by the
302302 Department of Public Safety. Each designated examiner certification
303303 shall expire on the last day of the calendar year and may be re newed
304304 upon application to the Department of Public Safety. The designated
305305 examiner certification fees collected by the Department of Public
306306 Safety pursuant to this subsection shall be deposited to the credi t
307307 of the Department of Public Safety Restricted R evolving Fund to be
308308 used for the purposes of this subsection. N o designated examiner
309309 certification fee shall be refunded in the event that certification
310310 is denied, suspended or revoked.
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337337 4. A designated exa miner may charge a fee for each Class D
338338 driving skills examination given, whether the person being examined
339339 passes or fails the examination.
340340 5. The Department of Public Safety shall conduct an annual
341341 complete nationwide national criminal history background record
342342 check on each designated examiner and a complete nationwide national
343343 criminal history background record check on each designated examiner
344344 applicant. The fees for the background record check shall be borne
345345 by the designated examiner or designated examiner applicant.
346346 6. The Department of Public Safety shall promulgate rules to
347347 implement and administer the provisions of this subsection.
348348 E. 1. Upon application and approva l of the Commissioner of
349349 Public Safety, any public or private commercial truck driving school
350350 that has or maintains a program instructing students f or a Class A,
351351 B or C license, public transit agency or stat e, county or municipal
352352 government agency in this state shall be authorized to hire or
353353 employ designated examiners approve d by the Department of Public
354354 Safety to be third-party examiners of the Class A, B or C driving
355355 skills portion of the Oklahoma driving examination. All desig nated
356356 examiners must successfully have completed the courses and training
357357 as outlined in paragraph 2 of this subsection. The Department of
358358 Public Safety shall be required to approve at least one public
359359 transit agency that has or mai ntains a program instru cting students
360360 for a Class A, B or C license to hire or employ third-party
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387387 examiners pursuant to t his section. It shall be permissible for any
388388 public transit agency operating in the State of Oklahoma to utilize
389389 the third-party examiners hired or employed by a public transit
390390 agency approved by the Department.
391391 2. The Department of Public Safety shall a dopt a curriculum of
392392 required courses and training to be offered to third-party
393393 examiners. The courses and training for certification shall meet
394394 the same standards as required for commercial driver examiners of
395395 the Department of Public Safety.
396396 3. The Department of Public Safety shall require each third -
397397 party examiner applicant and commercial school driver education
398398 instructor applicant to submit to an electro nic national criminal
399399 history record check pursuant to Section 150.9 of Title 74 of the
400400 Oklahoma Statutes. On or before December 1, 2022, the Departmen t
401401 shall require each third-party examiner or commercial school driver
402402 education instructor to submit to an electronic national criminal
403403 history record check pursuant to Section 150.9 of Title 74 of the
404404 Oklahoma Statutes. The fees for the background record check shall
405405 be borne by the third-party examiner, third -party examiner
406406 applicant, commercial school driver edu cation instructor or
407407 commercial school driver education instructor applicant.
408408 F. The Department o f Public Safety shall promulgate rules no
409409 later than December 15, 2021, to:
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436436 1. Implement and administer the provisions of this section
437437 based on requirements set forth in Section 383.75 of Title 49 of the
438438 Code of Federal Regulations;
439439 2. Establish a process to inform any school, public transit
440440 agency, examiner, or state, county or municipal government agency ,
441441 who has been denied, w ithin forty-five (45) days from the denial;
442442 3. Create an appeal process for any school, public transit
443443 agency, examiner, or state, county or municipal government agency
444444 denied; and
445445 4. If the initial application for approval was denied, limit
446446 the number of times an individual sc hool, public transit agency,
447447 individual examiner applicant, or state, county or municipal
448448 government agency may reapply in a calendar year to tw o
449449 reapplications.
450450 SECTION 2. This act shall become effective November 1, 2022.
451451
452452 58-2-9393 JBH 01/12/22