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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1390 By: Bergstrom
AS INTRODUCED
An Act relating to commercial driver licen ses;
amending 47 O.S. 2021, Section 6 -101, which relates
to driver license fees; requiring a fee for certain
examinations; modifying applicability of the fee
charged for failed examinations; amending 47 O.S.
2021, Section 6-110, which relates to examination of
applicants; authorizing the Departme nt of Public
Safety to collect a skills testing fe e; providing
certain notice requirement ; providing certain
opportunity for test passage; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Sectio n 6-101, is
amended to read as follows:
Section 6-101. A. No person, except those hereinafter
expressly exempted in Sections 6-102 and 6-102.1 of this title,
shall operate any motor vehicle upon a h ighway in this state unless
the person has a valid Oklahoma driver license for the class of
vehicle being operated under the provisions of this title. No
person shall be permitted to possess more tha n one valid license at
any time, except as provided in p aragraph 4 of subsection F of this
section.
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B. 1. No person shall operate a Class A commercial motor
vehicle unless the pe rson is eighteen (18) years of age or older and
holds a valid Class A commer cial license, except as provided in
paragraph 5 of this subsection and subsection F of this section.
Any person holding a valid Class A commercial license shall be
permitted to operate motor vehicles in Classes A, B, C and D, except
as provided for in par agraph 4 of this subsection.
2. No person shall operate a Class B commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class B commercial license, except as provided in paragra ph 5
of subsection F of this sec tion. Any person holding a valid Class B
commercial license shall be permitted to operate motor vehicles in
Classes B, C and D, except as provided for in paragraph 4 of this
subsection.
3. No person shall operate a Class C commercial motor vehicle
unless the person is eighteen (18) years of age or older and h olds a
valid Class C commercial license, except as provided in subsection F
of this section. Any person holding a valid Cla ss C commercial
license shall be permitted t o operate motor vehicles in Clas ses C
and D, except as provided for in paragraph 4 of th is subsection.
4. No person under twenty-one (21) years of age shall be
licensed to operate any motor vehicle which is requ ired to be
placarded for hazardous materials pursuant to 49 C.F.R., Part 172 ,
subpart F, except as provided in subsection F of this section;
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provided, a person eighteen (18) years of age or older may be
licensed to operate a farm vehicle which is required to be placarded
for hazardous materials purs uant to 49 C.F.R., Part 172, sub part F,
except as provided in subsection F of this secti on.
5. A person at least seventeen (17) years of age who
successfully completes all examinations required by law may be
issued by the Department:
a. a restricted Class A commercial license which shal l
grant to the licensee the privilege to operate a Class
A or Class B commercial motor vehicle for harvest
purposes or a Class D motor vehicle, or
b. a restricted Class B commercia l license which shall
grant to the licensee the privilege to operate a Class
B commercial motor vehicle for harvest purposes or a
Class D motor vehicle.
6. No person shall operate a Class D motor vehicle unless the
person is sixteen (16) years of age or o lder and holds a valid Class
D license, except as provided for in Section 6 -102 or 6-105 of this
title. Any person holding a valid Class D license shall be
permitted to operate motor vehicles in Class D only.
C. Any person issued a driver license pursuan t to this section
may exercise the privilege thereby granted upon all street s and
highways in this state.
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D. No person shall operat e a motorcycle or motor-driven cycle
without having a valid Class A, B, C or D license with a motorcycle
endorsement. Except as otherwise provided by law, any new appl icant
for an original driver lic ense shall be required to successfully
complete a written examination, vision examination and driving
examination for a motorcycle as prescribed by the Department of
Public Safety, and a certified state-approved motorcycle b asic rider
course approved by t he Department if the applicant is seventeen (17)
years of age or younger to be eligible for a motorcycle endorsement
thereon. The written examination and driving examination for a
motorcycle shall be waived by the Department of Public Safety upon
verification that the person has successfully completed a certifi ed
Motorcycle Safety Foundation rider course approved by the
Department.
E. Except as otherwise provided by law, any perso n who lawfully
possesses a valid Oklahoma dri ver license which is eligible f or
renewal shall be required to successfully complete a w ritten
examination, vision examination and driving examination for a
motorcycle as prescribed by the Department, and a cer tified state-
approved motorcycle basic rider c ourse approved by the Departme nt if
the person is seventeen (17) years of age or younger to be eligible
for a motorcycle endorsement. The written examination and driving
examination for a motorcycle shall be w aived by the Department of
Public Safety upon verification that the person h as successfully
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completed a certified Motorcycle Safety Fo undation rider course
approved by the Department.
F. 1. Any person eighteen (18) years of age or older may apply
for a restricted Class A, B or C commercial learner p ermit. The
Department, after the applicant has passed all parts of the
examination for a Class D license and has successfully passed all
parts of the examination for a Class A, B or C commercial license
other than the driving examination, may issue to the applicant a
commercial learner permit which shall entitle the person having
immediate lawful possession of the commercial learner permit and a
valid Oklahoma driver license or provisional driver license pursua nt
to Section 6-212 of this title to operate a Class A, B or C
commercial motor vehicle upon the public highways solely for the
purpose of behind-the-wheel training in accordance with rules
promulgated by the Department.
2. This commercial learner permit shall be issued for a period
as provided in Section 6-115 of this title of o ne hundred eighty
(180) days, which may be renewed one tim e for an additional one
hundred eighty (180) days; provided, such commercial learner permit
may be suspended, revoked, can celed, denied or disqualified at the
discretion of the Department for violat ion of the restrictions, for
failing to give the required or correct information on the
application or for violation of any traffic laws of this state
pertaining to the operation of a motor vehicle. Except as otherwise
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provided, the lawful possessor of a commercial learner permit who
has been issued a commercial learner permit for a minimum of
fourteen (14) days may have the restriction requiring an
accompanying driver removed by satisfactorily completing a driver’s
examination; provided, the removal of a restriction shall not
authorize the operation of a Class A , B or C commercial motor
vehicle if such operation is otherwise prohibited by law.
3. No person shall apply for and the Department shall not issue
an original Class A, B or C driver license until the person has been
issued a commercial learner permit and held the permit for at least
fourteen (14) days. Any person who currently holds a Class B or C
license and who wishes t o apply for another class of commercial
driver license shall be required to apply for a commercial learner
permit and to hold the permi t for at least fourteen (14) days before
applying for the Class A or B license, as applicable. Any person
who currently holds a Class A, B or C license and who wishes to add
an endorsement or remo ve a restriction for which a skills
examination is required shall be required to apply for a commer cial
learner permit and to hold the permit for at least fourteen (14)
days before applying for the endorsement.
4. A commercial learner permit shall be issu ed by the
Department as a separate and unique document whic h shall be valid
only in conjunction wit h a valid Oklahoma driver license or
provisional driver license pursuant to Secti on 6-212 of this title,
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both of which shall be in the possession of the pers on to whom they
have been issued whenever that person is op erating a commercial
motor vehicle as provided in this subsection.
5. After one renewal of a commercial learner permit, as
provided in paragraph 2 of this subsection, a commercial permit
shall not be renewed again. Any person who has held a commercial
learner permit for the initial issuance period and one renewal
period shall not be eligible for and the Department shall no t issue
another renewal of the permit; provided , the person may reapply for
a new commercial learner permit, as provided for in this su bsection.
G. 1. For purposes of this t itle:
a. “REAL ID Compliant Driver License” or “Identification
Card” means a driver license or identification card
issued by the State of Oklahoma that has b een
certified by the United States Department of Homeland
Security (USDHS) as compliant with the re quirements of
the REAL ID Act of 2005, Public Law No. 109 -13. A
REAL ID Compliant Driver License or Identification
Card and the process through which it is issued
incorporate a variety of security measures designe d to
protect the integrity and trustworthi ness of the
license or card. A REAL ID Compliant Driver License
or Identification Card will be clearly marked on the
face indicating that it is a compliant document, and
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b. “REAL ID Noncompliant Driver License ” or
“Identification Card” means a driver license or
identification card issued by the State of Oklahoma
that has not been cert ified by the United States
Department of Homeland Security (USDHS) as being
compliant with the requirements of the REAL ID Act. A
REAL ID Noncompliant Driver License or Ident ification
Card will be clearly marked on the face indicating
that it is not compl iant with the federal REAL ID Act
and is not acceptable for official federal purposes.
The driver license or identification card wil l have a
unique design or color indicator that clearly
distinguishes it from a compliant license or card.
2. Original Driver License and Identification Card Issuance:
a. Application for an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
shall be made to the Department of Public Safety.
b. Department of Public Safety employee s shall perform
all document recognition and other requi rements needed
for approval of an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
application.
c. Upon approval of an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
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application, the applicant may take the approved
application document to a motor license agent to
receive a temporary driver license or identification
card.
d. The motor license agent shall pro cess the approved
REAL ID Compliant or REAL ID Noncompliant Driver
License or Identification Card application and upon
payment shall provide the applicant a temporary driver
license or identification card. A tempo rary driver
license or identification card shall afford the holder
the privileges otherwise granted by the specif ic class
of driver license or identification card for the
period of time listed on the temporary driver license
or identification card or the p eriod of time prior to
the applicant receiving a REAL ID Compliant o r REAL ID
Noncompliant Driver License or Iden tification Card,
whichever time period is shorter.
3. REAL ID Compliant Driver Licens e and Identification Card
Renewal and Replacement:
a. Application for renewal or replacement of a R EAL ID
Compliant Driver License or Identification Card may be
made to the Department of Public Safety or to a motor
license agent; provided, such motor license agent is
authorized to process application for REAL ID
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Compliant Driver Licenses and Identificat ion Cards. A
motor license agent may process the voluntary
downgrade of a REAL ID Compliant Commercial Driver
License to any lower class license upon request of the
licensee; provided, no additional endorsements o r
restrictions are placed on the license.
b. Department of Public Sa fety employees or authorized
motor license agents shall perform all document
recognition and other requirements needed for approval
of a renewal or replacement REAL ID Compliant Driver
License or Identification Card application.
c. Upon approval of a renew al or replacement REAL ID
Compliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from the
Department of Public Safety or an authorized motor
license agent.
d. A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or ident ification
card being renewed or replaced f or the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
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applicant receiving a REAL ID Compliant Driver License
or Identification Card, whichever time p eriod is
shorter.
e. For purposes of this title, an application for a REAL
ID Compliant Driver License or Identif ication Card by
an individual with a valid Oklahoma -issued driver
license or identifica tion card shall be considered a
renewal of a REAL ID Com pliant Driver License or
Identification Card.
4. REAL ID Noncomplia nt Driver License and Identification Card
Renewal and Replacement:
a. Application for renewal or replacement of a REAL ID
Noncompliant Driver License or Identification Card may
be made to the Department of Public Safety or to a
motor license agent. A motor license agent may
process the voluntary dow ngrade of a REAL ID
Noncompliant Commercial Driver License to any lower
class license upon request of the licensee; provided,
no additional endorsements or restrictions are added
to the license.
b. Department of Public Safety employees or motor license
agents shall perform all document recognition and
other requirements needed for approval o f a renewal or
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replacement REAL ID Noncompliant Driver L icense or
Identification Card application.
c. Upon approval of a ren ewal or replacement REAL ID
Noncompliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from the
Department of Public Safety or a motor license agent.
d. A temporary driver lic ense or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise grante d by
the specific class of driver license or identificati on
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Noncompliant Dr iver
License or Identification Card, whichever time perio d
is shorter.
H. 1. The fee charged for an approved application fo r an
original Oklahoma REAL ID Compliant or R EAL ID Noncompliant Driver
License or an approved application for the addition of an
endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID
Noncompliant Driver License sha ll be assessed in accordan ce with the
following schedule:
Class A Commercial Learner Permit $25.00
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Class A Commercial License $25.00
Class B Commercial L earner Permit $15.00
Class B Commercial License $15.00
Class C Commercial Learner Permit $15.00
Class C Commercial License $15.00
Class D License $ 4.00
Motorcycle Endorsement $ 4.00
2. Notwithstanding the provisions of Section 1104 of this
title, all monies collected from the fees charged for Class A, B and
C commercial licenses pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fund of this state.
I. The fee charged for the skills portion of the examination
for a Class A, B, or C commercial license shall be Sixty Dollars
($60.00). The fee charged for any failed examination shall be Four
Dollars ($4.00) for any Class D license classification.
Notwithstanding the pr ovisions of Section 1104 of this title, al l
monies collected from such examination fees pursuant to the
provisions of this subsection shall be deposited in the General
Revenue Fund of this state.
J. In addition to any fee charged pursuant to the provision s of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Noncompliant Dr iver License shall be in
accordance with the following schedule; provided, that any applicant
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who has a CDL Learner Permit shall be charged only the replacement
fee for the issuance of the li cense:
License Class 4-year 8-year
Class A Commercial Learne r Permit $56.50 $113.00
Class A Commercial License $56.50 $113.00
Class B Commercial Learner Permit $56.50 $113.00
Class B Commercial License $56.50 $113.00
Class C Commercial Learner Per mit $46.50 $93.00
Class C Commercial License $46.50 $93.00
Class D License $38.50 $77.00
K. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Compliant Driver License shall be in accordance
with the following schedule; provided, that any ap plicant who has a
CDL Learner Permit shall be cha rged only the replacement fee for the
issuance of the license:
License Class 4-year 8-year
REAL ID Compliant Class A
Commercial Learner Permit $56.50 $113.00
REAL ID Compliant Class A
Commercial License $56.50 $113.00
REAL ID Compliant Class B
Commercial Learner Permit $56.50 $113.00
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REAL ID Compliant Class B
Commercial License $56.50 $113.00
REAL ID Compliant Class C
Commercial Leaner Permit $46.50 $93.00
REAL ID Compliant Class C
Commercial License $46.50 $93.00
REAL ID Compliant Class D
License $38.50 $77.00
L. A commercial learner permit may be renewed one time fo r a
period of one hundred eighty (180) days. The cost for the renewed
permit shall be the same as for the original perm it.
M. Notwithstanding the provisions of Section 1104 of this
title, of each fee charged pursuant to the provisio ns of subsections
J, K and L of this section:
1. Five Dollars and fifty cents ($5.50) of a 4-year license or
Eleven Dollars ($11.00) of an 8 -year license shall be deposited to
the Trauma Care Assistance Revolving Fund created in Section 1 -
2530.9 of Title 63 of the Oklahoma Sta tutes;
2. Six Dollars and s eventy-five cents ($6.75) of a 4-year
license or Thirteen Do llars and fifty cents ($13.50) o f an 8-year
license shall be deposited to the Dep artment of Public Safety
Computer Imaging System Revolving Fund t o be used solely for t he
purpose of administration and maintenance of the computerized
imaging system of the D epartment;
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3. Ten Dollars ($10. 00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Department
of Public Safety Revolving Fund for all original or ren ewal
issuances of licenses; and
4. Five Dollars ($5.00) of a 4-year license or Six Dollars
($6.00) of an 8-year license shall be deposited to the State Public
Safety Fund created in Section 2 -147 of this title.
N. All original and renewal driver licenses shall expire as
provided in Section 6 -115 of this title.
O. Any person sixty-two (62) years of age or older during the
calendar year of issuance or renewal of a Class D license or
motorcycle endorsement shall be charged the fo llowing prorated fee:
4-year 8-year
Age 62 $21.25 $42.50
Age 63 $17.50 $35.00
Age 64 $13.75 $27.50
Age 65 -0-
P. No person who has been honora bly discharged from act ive
service in any branch of the Armed Forces of the United States or
Oklahoma National Guard and who has been certif ied by the United
States Department of Veterans Affairs, its successor or the Armed
Forces of the United States to b e a disabled veteran i n receipt of
compensation at the one-hundred-percent rate for a permanent
disability sustained through military action or accident resulting
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from disease contracted while in such active service and registered
with the veterans registr y created by the Oklah oma Department of
Veterans Affairs shall be ch arged a fee for the issuance,
replacement or renewal of an Oklahoma driv er license; provided, that
if a veteran has been previously exempt from a fee pursuant to this
subsection, no regist ration with the vetera ns registry shall be
required.
Q. In accordance with the provisions of subsection G of this
section, the Department o f Public Safety and the Oklahoma Tax
Commission are authoriz ed to promulgate rules for the issuance and
renewal of driver licenses authori zed pursuant to the provisions of
Sections 6-101 through 6-309 of this title; provided, that no such
rules applicable to the issuance or renewal of REAL ID Noncompliant
Driver Licenses shall create more stringent standards than such
rules applicable as of January 1, 2017, unless directly related to a
specific change in statutory law concerning standards for REAL ID
Noncompliant Driver Licenses. Applications, upon forms approved b y
the Department of Public Safety, for such licenses sha ll be handled,
in accordance with the provisions of subsection G of this section,
by the motor license agents; provided, the Department of P ublic
Safety is authorized to assume these duties in any cou nty of this
state. Each motor license agent accepting a pplications for driver
licenses shall receive Six Dollars ($6.00) for a 4-year REAL ID
Noncompliant Driver License or Twelve Dollars ($12.00) for an 8-year
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REAL ID Noncompliant Dr iver License or Ten Dollars ($10.00) for a 4-
year REAL ID Compliant Driver Li cense or Twenty Dollars ($20.00) for
an 8-year REAL ID Compliant Driver License to be deducted from the
total collected for each license or renewal application accepted .
The fees received by the motor license agent, authorized by this
subsection, shall be used for operating expenses.
R. Notwithstanding the provisions of Section 1104 of this t itle
and subsection Q of this section and except as provided in
subsections H and M of this section, the first Sixty Thousand
Dollars ($60,000.00) of all monies collected pursuant to this
section shall be paid by the Ok lahoma Tax Commission to the State
Treasurer to be deposited in the General Revenue Fund of the State
Treasury.
The next Five Hundre d Thousand Dollars ($500,000.00) of monies
collected pursuant to this section shall be paid by the Tax
Commission to the St ate Treasurer to be deposited each fis cal year
under the provisions of this section to the credit of the Departme nt
of Public Safety Restricted Revolving Fund for the purpose of t he
Statewide Law Enforcement Communications System. All other monies
collected in excess of Five Hundred Sixty Tho usand Dollars
($560,000.00) each fiscal year shall be apportioned as provid ed in
Section 1104 of this title, except as otherwise provided in this
section.
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S. The Department of Public Safety shall retain the images
displayed on licenses and identification cards issued pursuant to
the provisions of Sections 6-101 through 6-309 of this title which
may be used only:
1. By a law enforcement agency for purposes of criminal
investigations, missing person investigations or any law enforcement
purpose which is dee med necessary by the Commissioner of Public
Safety;
2. By the driver lice nsing agency of anot her state for its
official purpose; and
3. As provided in Section 2-110 of this title.
All agencies approved by the O klahoma Law Enforcement
Telecommunications S ystem (OLETS) or the National Law Enforcement
Telecommunications System (N LETS) to receive pho tographs or
computerized images may obtain the m through OLETS or through NLETS.
Photographs or computerized images ma y be obtained by law
enforcement one inquiry at a time.
The computer system and related equipment acquired for this
purpose must conform t o industry standards for interoperability and
open architecture. The Department of Public Safety may promulgate
rules to implement the provisions of this subsect ion.
T. No person may hold more than one state-issued or territory-
issued REAL ID Compliant Driver License or REAL ID Compliant
Identification Card from Oklahoma or any other state or territory.
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The Department shall not issue a REAL ID Compliant Driver L icense to
a person who has been previously issued a REAL ID Compliant Driv er
License or REAL ID Compliant Identification Card until such lic ense
or identification card has been surrendered to the Department by the
applicant. The Department may promulgate rules related to the
issuance of replacement REAL ID Compliant Driver Lice nses in the
event of loss or theft.
U. Upon the effective date of this act Beginning on May 24,
2021, and ending on April 30, 2023, in addition to the amounts
provided in subsection Q of this section, a motor license agent
shall receive Five Dollars ($5.00) for each processed appli cation
for a REAL ID Compliant 4-year Driver License and Ten Dollars
($10.00) for each processed application for a REAL ID Compliant 8 -
year Driver License. Any additional amounts pr ovided pursuant to
this subsection shall not be retained by the Department of Public
Safety.
SECTION 2. 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 endorsements 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
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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
regard to any written examination require d by this section. The
examination shall include a test of the a pplicant’s:
a. eyesight,
b. ability to read and understand highwa y 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 class 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 l icensee’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
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paragraph 1 of this s ubsection for those ap plicants whose driving
record meets the standards set by the Department of Public Safety
and surrender either of the following:
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) 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 prohibit 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 endor sement, to
successfully complete the examination and to submit to a security
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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 b e used to
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 examination 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 effort
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 a nd
if economically feasible and practicable.
6. The Department of Public Safe ty shall have the autho rity to
collect a skills testing fee of Sixty Dollars ($60.0 0) from each
applicant upon examination appointment scheduling for an Oklahoma
Class A, Class B, or Class C license skills test. Failure of an
applicant to notify the Department at least forty -eight (48) hours
in advance prior to missing an appointment for a skills test , or
provide a written medical excuse from a licensed physician, advanced
registered nurse practitioner or physician ’s assistant, shall result
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in the forfeiture of the skills testing fee. An applicant shall be
given three opportunities to pass the skills test before being
deemed to have failed.
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 exami nations as required for
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 licens e 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 o f a commercial driver training
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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.
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 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 appl ying 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 subsection, the person
shall be required to pay an annual designated examiner certifi cation
fee of Five Hundred Dollars ($500.00). If an applicant 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 Pub lic Safety. The designated
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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 th is subsection. No designated examiner
certification fee shall be refunded in the event that certification
is denied, suspended or revoked.
4. A designated exa miner may charge a fee for each Class D
driving skills examination given, whether the person bei ng examined
passes or fails the examination.
5. The Department of Public Safety shall conduct an annual
complete nationwide criminal history background check o n each
designated examiner and a complete nationw ide criminal history
background check on each d esignated examiner applicant. The fees
for the background 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 subse ction.
E. 1. Upon application and approval of the Commissioner of
Public Safety, any public or private comme rcial truck driving school
that has or maintains a program instructing students f or a Class A,
B or C license, public transit agency or state, cou nty or municipal
government agency in this state shall be authorized to hire or
employ designated examiners ap proved by the Department of Public
Safety to be third-party examiners of the Class A, B or C driving
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skills portion of the Oklahoma driving examin ation. All designated
examiners must successfully have completed the courses and traini ng
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 sh all 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.
3. The Department of Public Safety shall require each third -
party examiner applicant and commercial school driver education
instructor applicant to sub mit to an electronic 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 check shall be borne
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by the third-party examiner, third -party examiner applicant,
commercial school driver education instructor or commercial school
driver education instructor applicant.
F. The Department of Public Safety shall promulgate rules no
later than December 15, 2021, to:
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 Regu lations;
2. Establish a process to inform any school, public transit
agency, examiner, or state, county or municipal government agency ,
who has been denied, within 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 in dividual school, public transit agency,
individual examiner applicant, or state, county or municipal
government agency may reapply in a calendar year to tw o
reapplications.
SECTION 3. This act shall become effective November 1, 2022.
58-2-2574 JES 1/19/2022 9:56:18 AM