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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1962 By: Newton of the House
and
Jech of the Senate
COMMITTEE SUBSTITUTE
An Act relating to driver licenses; amending 47 O.S.
2021, Section 6-105, as amended by Section 42,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022 , Section
6-105), which relates to farm vehicle special
permits; deleting certain special pe rmit; allowing
individuals of a certa in age to make application for
a farm permit; authorizing operation of certain
vehicles; specifying scenarios when permit may b e
used for permit hold ers of a certain age; providing
requirements for farm permit issuance; providing
restrictions for permit ho lders 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 f or
affidavit; disallowing the admissi bility 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, as
amended by Section 42, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 6-105), is amended to read as follows:
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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 eighteen (18) years of age who
is in compliance with or n ot subject to Section 6-107.3 of this
title may be permitted to operate:
1. A Class D motor vehicle under the graduated driver license
provisions prescribed in subsections B through E of this section;
2. A motorcycle under t he provisions prescribed in su bsection 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 which the driver is bein g instructed in a
driver education course, as set out in subparagraphs a, b, c, d and
e of paragraph 1 of subsection C of this section, by a certified
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 receiving instruction in or has successfully
completed driver education. For purposes of this section, the term
"driver education" shall mean:
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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,
b. a driver education course, certified by the Department
of Public Safety, from a parochial, private, or other
nonpublic secondary school,
c. a commercial driver training c ourse, as defined by
Sections 801 through 808 of this title,
d. a parent-taught driver education course, certified by
the Department of Public 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 all parts of the driver license
examination administered by Service Oklahoma, or an approved written
examination proctor, except the driving examination, be iss ued 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 acc ompanied
by a licensed driver who is at least twenty-one (21) years of age
and who is actually occupying a seat beside the permittee; provided,
the written examination for a learner permit may be waived by
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Service Oklahoma upon verification that the person has successfully
completed driver education.
D. 1. Any person:
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 guard ian
certifies to Service Oklahoma 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 such 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 for a minimum of two (2) years,
may be issued an intermediate Class D license upon successfu lly
passing all parts of the driver license examin ations administered b y
Service Oklahoma; provided, the written examination, if it has not
previously been administered or waived, may be waived by Service
Oklahoma upon verification that the person has successfully
completed driver education or the drivi ng examination may be waived
by Service Oklahoma upon successful passage of the examination
administered by a certified designated examiner, as provided for in
Section 6-110 of this title. However, notwithstanding the da te of
issuance of the learner permit, if the person has been convicted of
a traffic offense which is reported on the driving record of that
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person, the time period specified in subparagraph a of this
paragraph shall be recalculated to begin from the date o f conviction
for the traffic offense, and must elapse before that person may be
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 that person, the time peri od specified in
subparagraph a of this paragraph shall be recalculated 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 issued an intermediate Clas s D license
under the provisions of this subsection:
a. shall be granted the privilege to operate a Class 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 from work,
school, school activities, and church activiti es,
or
(2) at any time, if a licensed driver who is at least
twenty-one (21) years of age is actually
occupying a seat beside the intermediate Class D
licensee, or if the intermediate Class D licensee
is a farm or ranch resid ent, and is operating a
motor vehicle while engaged in farming or
ranching operations outside the limits of a
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municipality, or driving to and from work,
school, school activities, or church activiti es,
and
b. shall not operate a motor vehicle with more tha n one
passenger unless:
(1) all passengers live in the same household as the
custodial legal parent or legal guardian, or
(2) a licensed driver at least twenty-one (21) years
of age is actually occu pying 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 completed 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, notwithstanding the date
of issuance of the Class D license, if the person has been convicted
of a traffic offense which is reported on the driving record of that
person, the time periods specifi ed in paragraph 1 or 2 of this
subsection, as applicable, shall be recalculated 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
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convicted of more than one 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
recalculated to begin from the most recent date of convic tion, and
must elapse before th at person may be issued a Class D license.
F. Learner permits and intermediate Class D licenses shall be
issued for the same period as all other driver licenses . The
licenses may be suspended or canceled at the discretion o f the
Department for violation of restrictions, for failing to give the
required or correct information on the application, for knowingly
giving false or inaccurate information on the application or any
subsequent documentation related to the granting of d riving
privileges, for using a hand-held electronic device while operating
a motor vehicle for non-life-threatening emergency purposes or for
violation of any traffic laws of this state pertaining t o the
operation of a motor vehicle.
G. Service Oklahoma shall promulgate rules establishing
procedures for removal of learner permit and intermediate Class D
license restrictions from the permit or license upon the permittee
or licensee qualifying for a less restricted or an unres tricted
license.
H. Any person fourteen (14) years of age or older may apply for
a restricted Class D license with a motorcycle-only restriction.
After the person has successfully passed all parts of the motorcycle
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examination other than the driving exam ination, has successfully
completed a certified state-approved motorcycle basic rider course
approved by the Department of Public Safety, in conjunction with
Service Oklahoma, and has met all requirements provided for in the
rules of the Department and Service Oklahoma, Service Oklahoma shall
issue to the person a r estricted 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 three 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 re ceiving instruction fro m any
person who is at least twenty-one (21) years of age and 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 licensee.
The restricted licensee may ap ply on or after thirty (30) days
from date of issuance of the restricted Class D license with a
motorcycle-only restriction to have the restriction of being
accompanied by a licensed driver removed by successfully completing
the driving portion of an exami nation.
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The written examination and driving examin ation for a restricted
Class D license with a motorcycle-only endorsement shall be waived
by Service Oklahoma upon verification that the person has
successfully completed a c ertified state-approved motorcycle basic
rider course approved by the Department and Service Oklahoma.
I. Service Oklahoma may in its discretion issue a sp ecial
permit to any person who has attained the age of fourteen (14)
years, authorizing such person to operate farm vehicles b etween the
farm and the market to haul commodities grown on the farm; provided,
that the special permit shall be temporary and sha ll expire not more
than thirty (30) days after the issuance of the special permit.
Special permits shall be issued only to fa rm residents and shall be
issued only during the time of the harvest of the principal crops
grown on such farm. Provided, however, Service Oklahoma shall not
issue a special permit pursuant to this subsection until Service
Oklahoma is fully satisfied after the examination of the application
and other evidence furnished in support thereof, that the person is
physically and mentally developed to such a degree that the
operation of a motor vehicle by the person would not be inimi cal to
public safety.
1. Any person who is less than sev enteen (17) years of age but
is at least fourteen (14) years of age and who resides upon a farm
in this state or is emplo yed for compensation upon a farm in this
state may apply to Service Oklahoma for a farm permit authorizing
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such person, while possessin g 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 sixt een
(16) years of age, to operate the appropriate motor
vehicles at any time:
(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 ses sion, over the most
direct and accessible route between the
licensee's residence and school of enrollment for
the purpose of school atte ndance; provided, that
the privilege shall only extend to those
licensees who reside on a farm and commute
directly from their place of residence to the
school in which they are enrolled, 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 an d 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)
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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 conn ection with any
farm job, employment, or other farm -related work,
(3) while going to or from au thorized school
activities,
(4) while going directly to or from any religious
worship service held by a religious organi zation,
or
(5) while the licensee is oper ating a passenger car
at any time while accompanied by an adult who is
the holder of a valid co mmercial 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 h as complied with the
provisions of this subsection, such farm permit shall entitle the
licensee to operate the appropriate motor vehi cles at any time
without the restrictions required by this subsection.
3. A farm permit shall be issued only if:
a. the applicant can prove that such applicant resides or
works on a farm by submitting the signed affida vit of
either a parent or guardian st ating that the applicant
lives on a farm,
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b. the applicant has successfully complet ed the
examination requirements in Secti on 6-110 of this
title, and
c. if the applicant does not live on a farm but works on
a farm, the applicant submits the signed affidav it of
the applicant's employer and parent or guardian
attesting to such employment.
4. Any licensee issued a farm permit u nder this subsection:
a. who is less than sixteen (16) years of age shall not
operate any motor vehicle with nonsibling mino r
passengers,
b. who is at least sixteen (16) years of age, for a
period of six (6) months a fter reaching sixteen (16)
years of age, shall not operate any motor vehicle with
more than one passenger who is less than eighteen (18)
years of age and who is not a member of the licensee's
immediate family, or
c. who is at least fourteen (14) years of a ge, but less
than sixteen (16) years of age, shall not operate any
motor vehicle on interstate or turnpike high way
systems, nor shall a licensee operate a motor vehicle
within the limits of a city with a population in
excess of one hundred thousand (100,00 0) persons
according to the latest Feder al Decennial Census.
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Any conviction for violating this paragraph shall be construed as a
moving traffic violation. Service Oklahoma may, in its discretion,
suspend the permit of an individual for violation of this pa ragraph.
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 o r other emergency help.
6. As used in this subsection, "farm" means any parcel of land
in which the owner has an agricultural exemption permit issued by
the Oklahoma Tax Commission .
7. a. A farm permit issued under this subsection is subject
to suspension or revoc ation in the same manner as any
other driver license.
b. A farm permit may be suspende d in accordance with
Section 6-113 of this title for any violation of
restrictions under this subsection .
c. Service Oklahoma shall suspend the farm permit upon
receiving satisfactory evidence that the licensee has
been involved in two or more accidents ch argeable to
the licensee and such sus pended license shall not be
reinstated for one (1) year.
8. Any licensee issued a f arm permit under this subsection
shall provide, prior to reaching sixteen (16) years of age, a signed
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affidavit of either a parent or g uardian stating that the applicant
has completed at least fifty (50) hours of adu lt-supervised driving
with at least ten (10) of those hours being at night. The adult
supervised driving required by this paragraph shall be conducted by
an adult who is at l east twenty-one (21) years of age and is the
holder of a valid commercial driver l icense, Class A, B, C, or D
driver license. Evidence of failure of any licensee who was
required to complete the fifty (50) hours of adult -supervised
driving under this subs ection shall not be admissible in any action
for the purpose of determining any aspect of comparative negligence
or mitigation of damages.
9. Any licensee issued a farm pe rmit under this subsection who:
a. is under sixteen (16) years of age and is convict ed of
two or more moving traffic viol ations committed on
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 r eaches seventeen
(17) years of age,
b. is at least sixteen (16) years of age but less than
seventeen (17) years of age an d is convicted of two or
more moving traffic violat ions committed on separate
occasions shall not be eligible to receive a driver
license which is not restricted, in accord ance with
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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 subsection, until the perso n
provides such affidavit to the division or the person
reaches seventeen (17) years of age, whichever occurs
first.
J. As used in this section:
1. "Hand-held electronic device" means a mobile teleph one or
electronic device with which a user engages in a telephone call,
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 paragraph 1 of
subsection C of this section shall include education regarding the
dangers of texting while driving and the effects of being unde r the
influence of alcohol or other intoxicating substance while driving.
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SECTION 2. It being immediately necessary for th e preservation
of the public peace, h ealth or safety, an emergency is hereby
declared to exist, by reason whereof this a ct shall take effect and
be in full force from and a fter its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/22/2023 -
DO PASS, As Amended a nd Coauthored.