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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3966 By: Burns
AS INTRODUCED
An Act relating to driver licenses; amending 47 O.S.
2021, Section 6-110, which relates to the e xamination
of applicants; requiring certain waiting period to
retest after a failed exam; allowing testing upon
showing proof of certain further training; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 6 -110, is
amended to read as follows:
Section 6-110. A. 1. The Department of Public Safety shall
establish procedures to ensure every applicant for an original Class
A, B, C or D license and for any endorse ments thereon is examined by
the Department, or an approved written examination proctor, except
as otherwise provided in Section 6-101 et seq. of this titl e or as
provided in paragraph 2 of t his subsection or in subsections D and E
of this section. The Department is authorized to approve and enter
into agreements with local school districts, the Oklahoma Department
of Career and Technology Education, or ins titutions of higher
education to act as approved written examination proctors with
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regard to any written examination requir ed by this section. The
examination shall include a test of the applicant's:
a. eyesight,
b. ability to read and understand highway signs
regulating, warning and direct ing traffic,
c. knowledge of the traffic laws of this state including
a portion on bicycle and motorcycle safe ty, and
d. ability, by actual demonstration, to exercise ordinary
and reasonable control in the operation of a motor
vehicle. The actual demonst ration shall be conducted
in the type of motor vehicle for the cl ass of driver
license being applied for.
The Department of Public Safety may create a knowledge test that may
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 origin al license 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 ap plicants whose driving
record meets the standards set by the Department of Public Safety
and surrender either of the following:
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a. a valid unexpired driver license issued by any state
or country for the same ty pe or types of vehicles , or
b. an expired driver license that:
(1) is not expired more than six (6) mon ths past the
expiration date listed on the driver license, and
(2) is not a Class A, B o r C commercial driver
license or commercial driver license permit .
3. The Department of Public Safety shall accept skills test
results from another state for Class A, B or C license applicants
who have successfully completed commercial motor vehicle drive r
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 th e applicant has not successfully
completed commercial motor vehicle driver training in t hat state.
Nothing in this section shall be construed to prohibi t the
Department of Public Safety from administering the skills test to
any applicant who has successfu lly completed commercial vehicle
driver training in another state.
4. All applicants re quiring a hazardous materials endorsement
shall be required, for the renewal of the endo rsement, to
successfully complete the examination and to submit to a security
threat assessment performed by the Transportation Security
Administration of the Departmen t of Homeland Security as required by
and pursuant to 49 C.F.R., Part 1572, which shall be used to
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determine whether the applicant is eligible for renewal of the
endorsement pursuant to federal law and regulation.
5. The Department of Public Safety , or an approved written
examination proctor, shall give the complete ex amination as provided
for in this section with in thirty (30) days from the date the
application is received, and the examination shall be given at a
location within one hundred (100) miles of the residence of the
applicant. The Department of Public Safety shall make every effor t
to make the examinati on locations and times convenient for
applicants. The Department of Public Safety shall consider giving
the examination at various school sites if the district board of
education for the district in which the site is located agrees and
if economically feasible and practicable.
6. Any Class D license applicant failing the written, driving,
or endorsement examination shall be granted the opportunity to
retest on the first regular business day following the expiration of
a three-month waiting period. However, the opportunity to rete st
may be granted prior to the end of the three -month waiting period
upon a showing of proof by the applicant of the completion of
further training from a certified driver education instructor .
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 b e
required to successfully complete all examin ations as required for
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the specified class. Failure to submit to the Department of Public
Safety federally required medical certification inform ation 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 has
been received by the Department of Public Safety, 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.
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 elig ible to apply to be a
designated examiner of the Department of Pu blic Safety for the
purposes of administering the Class D driving skills portion of the
Oklahoma driving examination to any person who has been issued a
learner permit.
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2. The Department of Public Safety shall adopt a curriculum of
required courses and training to be offered to applicants who are
qualified to apply to be a designated e xaminer. 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 appl ying to be a designated examiner shall be
required to pay an ini tial designated exam iner certification fee of
One Thousand Dollars ($1,000.00). Upon successful completion of the
training prescribed by paragraph 2 of this subsection, the person
shall be required to pay an annual designated examiner certification
fee of Five Hundred Dollars ($500.00). If an ap plicant for the
designated examiner program is employed by an Oklahoma public school
system that offers d river 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 of Public Safety. Each designated examiner certification
shall expire on the last day of the calendar year and may be re newed
upon application to the Department of Public Safety. The designated
examiner certification fees collected by the Department of Public
Safety pursuant to this subsection shall be deposited to the credi t
of the Department of Public Safety Restricted R evolving Fund to be
used for the purposes of this subsection. N o designated examiner
certification fee shall be refunded in the event that certification
is denied, suspended or revoked.
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4. A designated exa miner may charge a fee for each Class D
driving skills examination given, whether the person being examined
passes or fails the examination.
5. The Department of Public Safety shall conduct an annual
complete nationwide national criminal history background record
check on each designated examiner and a complete nationwide national
criminal history background record check on each designated examiner
applicant. The fees for the background record check shall be borne
by the designated examiner or designated examiner applicant.
6. The Department of Public Safety shall promulgate rules to
implement and administer the provisions of this subsection.
E. 1. Upon application and approva l of the Commissioner of
Public Safety, any public or private commercial truck driving school
that has or maintains a program instructing students f or a Class A,
B or C license, public transit agency or stat e, county or municipal
government agency in this state shall be authorized to hire or
employ designated examiners approve d 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 desig nated
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 mai ntains a program instru cting students
for a Class A, B or C license to hire or employ third-party
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examiners pursuant to t his 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 a dopt 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.
3. The Department of Public Safety shall require each third -
party examiner applicant and commercial school driver education
instructor applicant to submit to an electro nic national criminal
history record check pursuant to Section 150.9 of Title 74 of the
Oklahoma Statutes. On or before December 1, 2022, the Departmen t
shall require each third-party examiner or commercial school driver
education instructor to submit to an electronic national criminal
history record check pursuant to Section 150.9 of Title 74 of the
Oklahoma Statutes. The fees for the background record check shall
be borne by the third-party examiner, third -party examiner
applicant, commercial school driver edu cation instructor or
commercial school driver education instructor applicant.
F. The Department o f Public Safety shall promulgate rules no
later than December 15, 2021, to:
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1. Implement and administer the provisions of this section
based on requirements set forth in Section 383.75 of Title 49 of the
Code of Federal Regulations;
2. Establish a process to inform any school, public transit
agency, examiner, or state, county or municipal government agency ,
who has been denied, w ithin forty-five (45) days from the denial;
3. Create an appeal process for any school, public transit
agency, examiner, or state, county or municipal government agency
denied; and
4. If the initial application for approval was denied, limit
the number of times an individual sc hool, public transit agency,
individual examiner applicant, or state, county or municipal
government agency may reapply in a calendar year to tw o
reapplications.
SECTION 2. This act shall become effective November 1, 2022.
58-2-9393 JBH 01/12/22