Old | New | Differences | |
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1 | - | An Act | |
2 | - | ENROLLED HOUSE | |
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3 | + | ENGR. S. A. TO ENGR. H. B. NO. 1962 Page 1 1 | |
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28 | + | ENGROSSED SENATE AMENDMENT | |
29 | + | TO | |
30 | + | ENGROSSED HOUSE | |
3 | 31 | BILL NO. 1962 By: Newton of the House | |
4 | 32 | ||
5 | 33 | and | |
6 | 34 | ||
7 | - | Jech and Stephens of the | |
8 | - | Senate | |
35 | + | Jech of the Senate | |
36 | + | ||
37 | + | ||
38 | + | ||
39 | + | ||
40 | + | [ driver licenses – farm vehicle special permits – | |
41 | + | restrictions – suspension and revocation of permit | |
42 | + | – affidavit – admissibility of evidence – | |
43 | + | emergency ] | |
44 | + | ||
45 | + | ||
46 | + | ||
47 | + | ||
48 | + | AUTHOR: Add the following Senate Coauthor: Stephens | |
49 | + | ||
50 | + | NOTE: Emergency failed | |
51 | + | ||
52 | + | AMENDMENT NO. 1. Page 1, restore the title | |
53 | + | ||
54 | + | Passed the Senate the 26th day of April, 2023. | |
55 | + | ||
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57 | + | ||
58 | + | Presiding Officer of the Senate | |
59 | + | ||
60 | + | ||
61 | + | Passed the House of Re presentatives the ____ day of __________, | |
62 | + | 2023. | |
63 | + | ||
64 | + | ||
65 | + | ||
66 | + | Presiding Officer of the House | |
67 | + | of Representatives | |
68 | + | ||
69 | + | ENGR. H. B. NO. 1962 Page 1 1 | |
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94 | + | ENGROSSED HOUSE | |
95 | + | BILL NO. 1962 By: Newton of the House | |
96 | + | ||
97 | + | and | |
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99 | + | Jech of the Senate | |
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15 | - | An Act relating to driver licenses; amending 47 O.S. | |
16 | - | 2021, Section 6-105, as amended by Section 42, | |
17 | - | Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022 , Section | |
18 | - | 6-105), which relates to farm vehicle special | |
19 | - | permits; deleting certain special permit; allowing | |
20 | - | individuals of a certain age to make appl ication for | |
21 | - | a farm permit; authorizing operation of certain | |
22 | - | vehicles; specifying scenarios when permit may b e | |
23 | - | used by permit holders of a certain age; providing | |
24 | - | requirements for farm permit issuance; providing | |
25 | - | restrictions for permit holders of a certain age; | |
26 | - | prohibiting use of certain device while driving; | |
27 | - | providing exception; defining term; providing for | |
28 | - | suspension and revocation of permit; requiring | |
29 | - | certain affidavit; stating content requirements for | |
30 | - | affidavit; disallowing the admissibility of certain | |
31 | - | evidence; and providing violations resulting in | |
32 | - | license restrictions . | |
106 | + | [ driver licenses – farm vehicle special permits – | |
107 | + | restrictions – suspension and revocation of permit | |
108 | + | – affidavit – admissibility of evidence – | |
109 | + | emergency ] | |
33 | 110 | ||
34 | 111 | ||
35 | 112 | ||
36 | 113 | ||
37 | - | SUBJECT: Driver licenses | |
38 | - | ||
39 | 114 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
40 | - | ||
41 | 115 | SECTION 1. AMENDATORY 47 O.S. 2021, Section 6 -105, as | |
42 | 116 | amended by Section 42, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, | |
43 | 117 | Section 6-105), is amended to read as follows: | |
44 | - | ||
45 | 118 | Section 6-105. A. Unless a legal custodial parent or legal | |
46 | - | guardian has filed an objection to licensure pursuant to Section 6- | |
119 | + | guardian has filed an objection to licensure pursuant to Section 6- | |
47 | 120 | 103.1 of this title, any person under eighteen (18) years of age who | |
48 | 121 | is in compliance with or n ot subject to Section 6-107.3 of this | |
49 | 122 | title may be permitted to operate: | |
50 | - | ||
51 | 123 | 1. A Class D motor vehicle under the graduated driver license | |
52 | 124 | provisions prescribed in subsections B through E of this section; | |
53 | 125 | ||
126 | + | ENGR. H. B. NO. 1962 Page 2 1 | |
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54 | 151 | 2. A motorcycle under t he provisions prescribed in su bsection H | |
55 | 152 | of this section; or | |
56 | - | ||
57 | 153 | 3. A farm vehicle under the provisions prescribed in subsection | |
58 | 154 | I of this section. | |
59 | - | ||
60 | 155 | B. Any person who is at least fifteen (15) years of age may | |
61 | 156 | drive during a session in which the driver is bein g instructed in a | |
62 | 157 | driver education course, as set out in subparagraphs a, b, c, d and | |
63 | 158 | e of paragraph 1 of subsection C of this section, by a certified | |
64 | 159 | driver education instructor who is seated in the right front seat of | |
65 | 160 | the motor vehicle. | |
66 | - | ||
67 | 161 | C. Any person: | |
68 | - | ||
69 | 162 | 1. Who is at least fifteen and one-half (15 1/2) years of age | |
70 | 163 | and is currently receiving instruction in or has successfully | |
71 | 164 | completed driver education. For purposes of this section, the term | |
72 | 165 | "driver education" shall mean: | |
73 | - | ||
74 | 166 | a. a prescribed secondary school driver education course, | |
75 | 167 | as provided for in Sections 19-113 through 19-121 of | |
76 | 168 | Title 70 of the Oklahoma Statutes, | |
77 | - | ||
78 | 169 | b. a driver education course, certified by the Department | |
79 | 170 | of Public Safety, from a parochial, private, or other | |
80 | 171 | nonpublic secondary school, | |
81 | - | ||
82 | 172 | c. a commercial driver training c ourse, as defined by | |
83 | 173 | Sections 801 through 808 of this title, | |
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175 | + | ENGR. H. B. NO. 1962 Page 3 1 | |
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85 | 200 | d. a parent-taught driver education course, certified by | |
86 | 201 | the Department of Public Safety. The Department shall | |
87 | 202 | promulgate rules for any parent-taught driver | |
88 | 203 | education course, or | |
89 | - | ||
90 | 204 | e. a driver education course certified by a state other | |
91 | - | than Oklahoma; or ENR. H. B. NO. 1962 Page 3 | |
92 | - | ||
205 | + | than Oklahoma; or | |
93 | 206 | 2. Who is at least sixteen (16) years of age, | |
94 | - | ||
95 | 207 | may, upon successfully passing all parts of the driver license | |
96 | 208 | examination administered by Service Oklahoma, or an approved written | |
97 | 209 | examination proctor, except the driving examination, be iss ued a | |
98 | 210 | learner permit which will grant the permittee the privilege to | |
99 | 211 | operate a Class D motor vehicle upon the public highways only | |
100 | 212 | between the hours of 5:00 a.m. and 10:00 p.m. and while acc ompanied | |
101 | 213 | by a licensed driver who is at least twenty-one (21) years of age | |
102 | 214 | and who is actually occupying a seat beside the permittee; provided, | |
103 | 215 | the written examination for a learner permit may be waived by | |
104 | 216 | Service Oklahoma upon verification that the person has successfully | |
105 | 217 | completed driver education. | |
106 | - | ||
107 | 218 | D. 1. Any person: | |
108 | - | ||
109 | 219 | a. who has applied for, been issued, and has possessed a | |
110 | 220 | learner permit for a minimum of six (6) months, and | |
111 | - | ||
112 | 221 | b. whose custodial legal parent or legal guard ian | |
113 | 222 | certifies to Service Oklahoma by sworn affidavit that | |
114 | 223 | the person has received a minimum of fifty (50) hours | |
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225 | + | ENGR. H. B. NO. 1962 Page 4 1 | |
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115 | 250 | of actual behind-the-wheel training, of which at least | |
116 | 251 | ten (10) hours of such training was at night, from a | |
117 | 252 | licensed driver who was at least twe nty-one (21) years | |
118 | 253 | of age and who was properly licensed to operate a | |
119 | 254 | Class D motor vehicle for a minimum of two (2) years, | |
120 | - | ||
121 | 255 | may be issued an intermediate Class D license upon successfu lly | |
122 | 256 | passing all parts of the driver license examin ations administered b y | |
123 | 257 | Service Oklahoma; provided, the written examination, if it has not | |
124 | 258 | previously been administered or waived, may be waived by Service | |
125 | 259 | Oklahoma upon verification that the person has successfully | |
126 | 260 | completed driver education or the drivi ng examination may be waived | |
127 | 261 | by Service Oklahoma upon successful passage of the examination | |
128 | 262 | administered by a certified designated examiner, as provided for in | |
129 | 263 | Section 6-110 of this title. However, notwithstanding the da te of | |
130 | 264 | issuance of the learner permit, if the person has been convicted of | |
131 | 265 | a traffic offense which is reported on the driving record of that | |
132 | 266 | person, the time period specified in subparagraph a of this | |
133 | 267 | paragraph shall be recalculated to begin from the date o f conviction | |
134 | 268 | for the traffic offense, and must elapse before that person may be | |
135 | 269 | issued an intermediate Class D license. If the person has been | |
136 | - | convicted of more than one traffic offense which is reported on the | |
270 | + | convicted of more than one traffic offense which is reported on the | |
137 | 271 | driving record of that person, the time peri od specified in | |
138 | 272 | subparagraph a of this paragraph shall be recalculated to begin from | |
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274 | + | ENGR. H. B. NO. 1962 Page 5 1 | |
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139 | 299 | the most recent date of conviction, and must elapse before that | |
140 | 300 | person may be issued an intermediate Class D license. | |
141 | - | ||
142 | 301 | 2. A person who has been issued an intermediate Clas s D license | |
143 | 302 | under the provisions of this subsection: | |
144 | - | ||
145 | 303 | a. shall be granted the privilege to operate a Class D | |
146 | 304 | motor vehicle upon the public highways: | |
147 | - | ||
148 | 305 | (1) only between the hours of 5:00 a.m. and 10:00 | |
149 | 306 | p.m., except for driving to and from work, | |
150 | 307 | school, school activities, and church activiti es, | |
151 | 308 | or | |
152 | - | ||
153 | 309 | (2) at any time, if a licensed driver who is at least | |
154 | 310 | twenty-one (21) years of age is actually | |
155 | 311 | occupying a seat beside the intermediate Class D | |
156 | 312 | licensee, or if the intermediate Class D licensee | |
157 | 313 | is a farm or ranch resid ent, and is operating a | |
158 | 314 | motor vehicle while engaged in farming or | |
159 | 315 | ranching operations outside the limits of a | |
160 | 316 | municipality, or driving to and from work, | |
161 | 317 | school, school activities, or church activities, | |
162 | 318 | and | |
163 | - | ||
164 | 319 | b. shall not operate a motor vehicle with more tha n one | |
165 | 320 | passenger unless: | |
166 | - | ||
167 | 321 | (1) all passengers live in the same household as the | |
168 | 322 | custodial legal parent or legal guardian, or | |
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324 | + | ENGR. H. B. NO. 1962 Page 6 1 | |
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169 | 348 | ||
170 | 349 | (2) a licensed driver at least twenty-one (21) years | |
171 | 350 | of age is actually occupying a seat beside the | |
172 | 351 | intermediate Class D licensee. | |
173 | - | ||
174 | 352 | E. Any person who has been issued an intermediate Class D | |
175 | 353 | license for a minimum of: | |
176 | - | ||
177 | 354 | 1. One (1) year; or | |
178 | - | ||
179 | 355 | 2. Six (6) months, if the person has completed both the driver | |
180 | - | education and the parent-certified behind-the-wheel training | |
356 | + | education and the parent-certified behind-the-wheel training | |
181 | 357 | provisions of subparagraph b of paragraph 1 of subsection D of this | |
182 | 358 | section, | |
183 | - | ||
184 | 359 | may be issued a Class D license. However, notwithstanding the date | |
185 | 360 | of issuance of the Class D license, if the person has been convicted | |
186 | 361 | of a traffic offense which is reported on the driving record of that | |
187 | 362 | person, the time periods specifi ed in paragraph 1 or 2 of this | |
188 | 363 | subsection, as applicable, shall be recalculated to begin from the | |
189 | 364 | date of conviction for the traffic offense, and must elapse before | |
190 | 365 | that person may be issued a Class D license. If the person has been | |
191 | 366 | convicted of more than one traffic offense which is reported on the | |
192 | 367 | driving record of that person, the time periods specified in | |
193 | 368 | paragraph 1 or 2 of this subsection, as applicable, shall be | |
194 | 369 | recalculated to begin from the most recent date of convic tion, and | |
195 | 370 | must elapse before th at person may be issued a Class D license. | |
196 | - | ||
197 | 371 | F. Learner permits and intermediate Class D licenses shall be | |
198 | 372 | issued for the same period as all other driver licenses. The | |
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374 | + | ENGR. H. B. NO. 1962 Page 7 1 | |
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199 | 399 | licenses may be suspended or canceled at the discretion o f the | |
200 | 400 | Department for violation of restrictions, for failing to give the | |
201 | 401 | required or correct information on the application, for knowingly | |
202 | 402 | giving false or inaccurate information on the application or any | |
203 | 403 | subsequent documentation related to the granting of d riving | |
204 | 404 | privileges, for using a hand-held electronic device while operating | |
205 | 405 | a motor vehicle for non-life-threatening emergency purposes or for | |
206 | 406 | violation of any traffic laws of this state pertaining to the | |
207 | 407 | operation of a motor vehicle. | |
208 | - | ||
209 | 408 | G. Service Oklahoma shall promulgate rules establishing | |
210 | 409 | procedures for removal of learner permit and intermediate Class D | |
211 | 410 | license restrictions from the permit or license upon the permittee | |
212 | 411 | or licensee qualifying for a less restricted or an unres tricted | |
213 | 412 | license. | |
214 | - | ||
215 | 413 | H. Any person fourteen (14) years of age or older may apply for | |
216 | 414 | a restricted Class D license with a motorcycle-only restriction. | |
217 | 415 | After the person has successfully passed all parts of the motorcycle | |
218 | 416 | examination other than the driving exam ination, has successfully | |
219 | 417 | completed a certified state-approved motorcycle basic rider course | |
220 | 418 | approved by the Department of Public Safety, in conjunction with | |
221 | 419 | Service Oklahoma, and has met all requirements provided for in the | |
222 | 420 | rules of the Department and Service Oklahoma, Service Oklahoma shall | |
223 | 421 | issue to the person a r estricted Class D license with a motorcycle- | |
224 | - | only restriction which shall grant to the person, while having the ENR. H. B. NO. 1962 Page 6 | |
422 | + | only restriction which shall grant to the person, while having the | |
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225 | 449 | license in the person's immediate possession, the privilege to | |
226 | 450 | operate a motorcycle or motor-driven cycle: | |
227 | - | ||
228 | 451 | 1. With a piston displacement not to exceed three hundred (300) | |
229 | 452 | cubic centimeters; | |
230 | - | ||
231 | 453 | 2. Between the hours of 4:30 a.m. to 9:00 p.m. only; | |
232 | - | ||
233 | 454 | 3. While wearing approved protective headgear; and | |
234 | - | ||
235 | 455 | 4. While accompanied by and re ceiving instruction fro m any | |
236 | 456 | person who is at least twenty-one (21) years of age and who is | |
237 | 457 | properly licensed pursuant to the laws of this state to operate a | |
238 | 458 | motorcycle or motor-driven cycle, and who has visual contact with | |
239 | 459 | the restricted licensee. | |
240 | - | ||
241 | 460 | The restricted licensee may ap ply on or after thirty (30) days | |
242 | 461 | from date of issuance of the restricted Class D license with a | |
243 | 462 | motorcycle-only restriction to have the restriction of being | |
244 | 463 | accompanied by a licensed driver removed by successfully completing | |
245 | 464 | the driving portion of an exami nation. | |
246 | - | ||
247 | 465 | The written examination and driving examin ation for a restricted | |
248 | 466 | Class D license with a motorcycle-only endorsement shall be waived | |
249 | 467 | by Service Oklahoma upon verification that the person has | |
250 | 468 | successfully completed a c ertified state-approved motorcycle basic | |
251 | 469 | rider course approved by the Department and Service Oklahoma. | |
252 | - | ||
253 | 470 | I. Service Oklahoma may in its discretion issue a special | |
254 | 471 | permit to any person who has attained the age of fourteen (14) | |
255 | 472 | years, authorizing such person to operate farm vehicles b etween the | |
473 | + | ||
474 | + | ENGR. H. B. NO. 1962 Page 9 1 | |
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256 | 499 | farm and the market to haul commodities grown on the farm; provided, | |
257 | 500 | that the special permit shall be temporary and shall expire not more | |
258 | 501 | than thirty (30) days after the issuance of the special permit. | |
259 | 502 | Special permits shall be issued only to fa rm residents and shall be | |
260 | 503 | issued only during the time of the harvest of the principal crops | |
261 | 504 | grown on such farm. Provided, however, Service Oklahoma shall not | |
262 | 505 | issue a special permit pursuant to this subsection until Service | |
263 | 506 | Oklahoma is fully satisfied after the examination of the application | |
264 | 507 | and other evidence furnished in support thereof, that the person is | |
265 | 508 | physically and mentally developed to such a degree that the | |
266 | 509 | operation of a motor vehicle by the person would not be inimical to | |
267 | 510 | public safety. | |
268 | - | ENR. H. B. NO. 1962 Page 7 | |
269 | 511 | 1. Any person who is less than sev enteen (17) years of age but | |
270 | 512 | is at least fourteen (14) years of age and who resides upon a farm | |
271 | 513 | in this state or is emplo yed for compensation upon a farm in this | |
272 | 514 | state may apply to Service Oklahoma for a farm permit authorizing | |
273 | 515 | such person, while possessin g the permit, to operate any Class D | |
274 | 516 | motor vehicle. | |
275 | - | ||
276 | 517 | 2. a. A farm permit shall entitle the licensee, who is at | |
277 | 518 | least fourteen (14) years of age but less than sixt een | |
278 | 519 | (16) years of age, to operate the appropriate motor | |
279 | 520 | vehicles at any time: | |
280 | - | ||
281 | 521 | (1) while going to or from or in connection with any | |
282 | 522 | farm job, employment, or other farm-related work, | |
523 | + | ||
524 | + | ENGR. H. B. NO. 1962 Page 10 1 | |
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283 | 548 | ||
284 | 549 | (2) on days while school is in ses sion, over the most | |
285 | 550 | direct and accessible route between the | |
286 | 551 | licensee's residence and school of enrollment for | |
287 | 552 | the purpose of school atte ndance; provided, that | |
288 | 553 | the privilege shall only extend to those | |
289 | 554 | licensees who reside on a farm and c ommute | |
290 | 555 | directly from their place of residence to the | |
291 | 556 | school in which they are enrolled, or | |
292 | - | ||
293 | 557 | (3) when the licensee is operating a passenger car at | |
294 | 558 | any time when accompanied by an adult who is the | |
295 | 559 | holder of a valid commercial driver license, | |
296 | 560 | Class A, B, C, or D driver license and who is | |
297 | 561 | actually occupying a seat beside the driver. | |
298 | - | ||
299 | 562 | b. For a period of six (6) months, a farm permit shall | |
300 | 563 | entitle the licensee who is at least sixteen (16) | |
301 | 564 | years of age to operate the appropriate motor vehicles | |
302 | 565 | at any time: | |
303 | - | ||
304 | 566 | (1) from 5:00 a.m. to 9:00 p. m., | |
305 | - | ||
306 | 567 | (2) while going to or from or in conn ection with any | |
307 | 568 | farm job, employment, or other farm -related work, | |
308 | - | ||
309 | 569 | (3) while going to or from au thorized school | |
310 | 570 | activities, | |
311 | - | ENR. H. B. NO. 1962 Page 8 | |
571 | + | ||
572 | + | ENGR. H. B. NO. 1962 Page 11 1 | |
573 | + | 2 | |
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596 | + | ||
312 | 597 | (4) while going directly to or from any religious | |
313 | 598 | worship service held b y a religious organi zation, | |
314 | 599 | or | |
315 | - | ||
316 | 600 | (5) while the licensee is oper ating a passenger car | |
317 | 601 | at any time while accompanied by an adult who is | |
318 | 602 | the holder of a valid co mmercial driver license, | |
319 | 603 | Class A, B, or C driver license, and who is | |
320 | 604 | actually occupying a seat besid e the driver. | |
321 | - | ||
322 | 605 | After such six-month period, if the licensee h as complied with the | |
323 | 606 | provisions of this subsection, such farm permit shall entitle the | |
324 | 607 | licensee to operate the appropriate motor vehi cles at any time | |
325 | 608 | without the restrictions required by this subs ection. | |
326 | - | ||
327 | 609 | 3. A farm permit shall be issued only if: | |
328 | - | ||
329 | 610 | a. the applicant can prove that such applicant resides or | |
330 | 611 | works on a farm by submitting the signed affida vit of | |
331 | 612 | either a parent or guardian st ating that the applicant | |
332 | 613 | lives on a farm, | |
333 | - | ||
334 | 614 | b. the applicant has successfully complet ed the | |
335 | 615 | examination requirements in Secti on 6-110 of this | |
336 | 616 | title, and | |
337 | - | ||
338 | 617 | c. the applicant does not live on a farm but works on a | |
339 | - | farm | |
618 | + | farm, the applicant submits the signed affidav it of | |
340 | 619 | the applicant's employer and parent or guardian | |
341 | 620 | attesting to such employment. | |
342 | 621 | ||
622 | + | ENGR. H. B. NO. 1962 Page 12 1 | |
623 | + | 2 | |
624 | + | 3 | |
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626 | + | 5 | |
627 | + | 6 | |
628 | + | 7 | |
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642 | + | 21 | |
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645 | + | 24 | |
646 | + | ||
343 | 647 | 4. Any licensee issued a farm permit u nder this subsection: | |
344 | - | ||
345 | 648 | a. who is less than sixteen (16) years of age shall not | |
346 | 649 | operate any motor vehicle with nonsibling mino r | |
347 | 650 | passengers, | |
348 | - | ||
349 | 651 | b. who is at least sixteen (16) years of age, for a | |
350 | 652 | period of six (6) months after reaching sixteen (16) | |
351 | 653 | years of age, shall not operate any motor vehicle with | |
352 | 654 | more than one passenger who is less than eighteen (18) | |
353 | 655 | years of age and who is not a member of the licensee's | |
354 | 656 | immediate family, or | |
355 | - | ENR. H. B. NO. 1962 Page 9 | |
356 | 657 | c. who is at least four teen (14) years of a ge, but less | |
357 | 658 | than sixteen (16) years of age, shall not operate any | |
358 | 659 | motor vehicle on interstate or turnpike high way | |
359 | 660 | systems, nor shall a licensee operate a motor vehicle | |
360 | 661 | within the limits of a city wi th a population in | |
361 | 662 | excess of one hundred thousand (100,00 0) persons | |
362 | 663 | according to the latest Feder al Decennial Census. | |
363 | - | ||
364 | 664 | Any conviction for violating this paragraph shall be construed as a | |
365 | 665 | moving traffic violation. Service Oklahoma may, in its discretion, | |
366 | 666 | suspend the permit of an individual for violation of this pa ragraph. | |
367 | - | ||
368 | 667 | 5. Any licensee issued a farm permit under this subsection | |
369 | 668 | shall not operate a wireless communication device while driving a | |
370 | 669 | motor vehicle, except that a licensee may operate a wireless | |
670 | + | ||
671 | + | ENGR. H. B. NO. 1962 Page 13 1 | |
672 | + | 2 | |
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675 | + | 5 | |
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694 | + | 24 | |
695 | + | ||
371 | 696 | communication device while driving a mo tor vehicle to report illegal | |
372 | 697 | activity or to summon medical o r other emergency help. | |
373 | - | ||
374 | 698 | 6. As used in this subsection, "farm" means any parcel of land | |
375 | 699 | for which the owner has an agricultural exemption permit issued by | |
376 | 700 | the Oklahoma Tax Commission . | |
377 | - | ||
378 | 701 | 7. a. A farm permit issued under this subsection is subject | |
379 | 702 | to suspension or revocation in the same manner as any | |
380 | 703 | other driver license. | |
381 | - | ||
382 | 704 | b. A farm permit may be suspende d in accordance with | |
383 | 705 | Section 6-113 of this title for any violation of | |
384 | 706 | restrictions under this subsec tion. | |
385 | - | ||
386 | 707 | c. Service Oklahoma shall suspend the farm permit upon | |
387 | 708 | receiving satisfactory evidence that the licensee has | |
388 | 709 | been involved in two or more accidents ch argeable to | |
389 | 710 | the licensee and such sus pended license shall not be | |
390 | 711 | reinstated for one (1) year. | |
391 | - | ||
392 | 712 | 8. Any licensee issued a f arm permit under this subsection | |
393 | 713 | shall provide, prior to reaching sixteen (16) years of age, a signed | |
394 | 714 | affidavit of either a parent or g uardian stating that the applicant | |
395 | 715 | has completed at least fift y (50) hours of adult-supervised driving | |
396 | 716 | with at least ten (10) of those hours being at night. The adult- | |
397 | 717 | supervised driving required by this paragraph shall be conducted by | |
398 | 718 | an adult who is at l east twenty-one (21) years of age and is the | |
399 | 719 | holder of a valid commercial driver license, Class A, B, C, or D | |
400 | - | driver license. Evidence of failure of any licensee who was ENR. H. B. NO. 1962 Page 10 | |
720 | + | ||
721 | + | ENGR. H. B. NO. 1962 Page 14 1 | |
722 | + | 2 | |
723 | + | 3 | |
724 | + | 4 | |
725 | + | 5 | |
726 | + | 6 | |
727 | + | 7 | |
728 | + | 8 | |
729 | + | 9 | |
730 | + | 10 | |
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744 | + | 24 | |
745 | + | ||
746 | + | driver license. Evidence of failure of any licensee who was | |
401 | 747 | required to complete the fifty (50) hours of adult -supervised | |
402 | 748 | driving under this subs ection shall not be admissible in any action | |
403 | 749 | for the purpose of determining any aspect of comparativ e negligence | |
404 | 750 | or mitigation of damages. | |
405 | - | ||
406 | 751 | 9. Any licensee issued a farm permit under this subsection who: | |
407 | - | ||
408 | 752 | a. is under sixteen (16) years of age and is convict ed of | |
409 | 753 | two or more moving traffic viol ations committed on | |
410 | 754 | separate occasions shall not be eligible to receive a | |
411 | 755 | driver license which is not restricted, in accordanc e | |
412 | 756 | with the provisions of subparagraph a of paragraph 2 | |
413 | 757 | of this subsection, until the person r eaches seventeen | |
414 | 758 | (17) years of age, | |
415 | - | ||
416 | 759 | b. is at least sixteen (16) years of age but less than | |
417 | 760 | seventeen (17) years of age an d is convicted of two or | |
418 | 761 | more moving traffic violations committed on separate | |
419 | 762 | occasions shall not be eligible to receive a driver | |
420 | 763 | license which is not restricted, in accord ance with | |
421 | 764 | the provisions of subparagraph b of paragraph 2 of | |
422 | 765 | this subsection, until the person reaches eighteen | |
423 | 766 | (18) years of age, or | |
424 | - | ||
425 | 767 | c. fails to provide the affidavit required under | |
426 | 768 | paragraph 8 of this subsection shall not be eligible | |
427 | 769 | to receive a driver license which is not rest ricted, | |
770 | + | ||
771 | + | ENGR. H. B. NO. 1962 Page 15 1 | |
772 | + | 2 | |
773 | + | 3 | |
774 | + | 4 | |
775 | + | 5 | |
776 | + | 6 | |
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793 | + | 23 | |
794 | + | 24 | |
795 | + | ||
428 | 796 | in accordance with the provisi ons of subparagraph a of | |
429 | 797 | paragraph 2 of this subsection, until the person | |
430 | - | provides such affidavit to Service Oklahoma or the | |
431 | - | person reaches seventeen (17) years of age, whichever | |
432 | - | occurs first. | |
433 | - | ||
798 | + | provides such affidavit to the division or the person | |
799 | + | reaches seventeen (17) years of age, whichever occurs | |
800 | + | first. | |
434 | 801 | J. As used in this section: | |
435 | - | ||
436 | 802 | 1. "Hand-held electronic device" means a mobile telephone or | |
437 | 803 | electronic device with which a user engages in a telephone call, | |
438 | 804 | plays or stores media, including but not limited to music and video, | |
439 | 805 | or sends or reads a text message while requiring the use of at least | |
440 | 806 | one hand; and | |
441 | - | ||
442 | 807 | 2. "Using a hand-held electronic device" means engaging any | |
443 | 808 | function on an electronic device. | |
444 | - | ENR. H. B. NO. 1962 Page 11 | |
445 | 809 | K. All driver education courses provided for in paragraph 1 of | |
446 | 810 | subsection C of this section shall include education regarding the | |
447 | 811 | dangers of texting while driving and the effects of being under the | |
448 | 812 | influence of alcohol or other intoxicating substance while driving. | |
813 | + | SECTION 2. It being immediately necessary for th e preservation | |
814 | + | of the public peace, h ealth or safety, an emergency is hereby | |
815 | + | declared to exist, by r eason whereof this a ct shall take effect and | |
816 | + | be in full force from and after its passage and approval. | |
449 | 817 | ||
450 | 818 | ||
451 | 819 | ||
452 | - | ENR. H. B. NO. 1962 Page 12 | |
453 | - | Passed the House of Representatives the 8th day of May, 2023. | |
820 | + | ||
821 | + | ENGR. H. B. NO. 1962 Page 16 1 | |
822 | + | 2 | |
823 | + | 3 | |
824 | + | 4 | |
825 | + | 5 | |
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827 | + | 7 | |
828 | + | 8 | |
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841 | + | 21 | |
842 | + | 22 | |
843 | + | 23 | |
844 | + | 24 | |
845 | + | ||
846 | + | Passed the House of Representatives the 6th day of March, 2023. | |
454 | 847 | ||
455 | 848 | ||
456 | 849 | ||
457 | 850 | ||
458 | 851 | Presiding Officer of the House | |
459 | 852 | of Representatives | |
460 | 853 | ||
461 | 854 | ||
462 | - | Passed the Senate the | |
855 | + | Passed the Senate the ____ day of __________, 2023. | |
463 | 856 | ||
464 | 857 | ||
465 | 858 | ||
466 | 859 | ||
467 | 860 | Presiding Officer of the Senate | |
468 | 861 | ||
469 | 862 | ||
470 | - | OFFICE OF THE GOVERNOR | |
471 | - | Received by the Office of the Governor this ____________________ | |
472 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
473 | - | By: _________________________________ | |
474 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
475 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
476 | 863 | ||
477 | - | ||
478 | - | _________________________________ | |
479 | - | Governor of the State of Oklahoma | |
480 | - | ||
481 | - | OFFICE OF THE SECRETARY OF STATE | |
482 | - | Received by the Office of the Secretary of State this __________ | |
483 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
484 | - | By: _________________________________ |