Oklahoma 2023 Regular Session

Oklahoma House Bill HB2133 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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3	34		BILL NO. 2133 By: George of the House
4	35
5	36		and
6	37
7	38		Weaver of the Senate
8	39
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13	44
14	45		An Act relating to motor vehicles; amending 47 O.S.
15	46		2021, Sections 1-103.2, 1-133.2, 1-135, and 1-136,
16	47		which relate to definitions of autocycles, mopeds,
17	48		motorcycles and motor-driven cycles; modifying
18	49		definitions; amending 47 O.S. 2021, Section 6 -105, as
19	50		amended by Section 42, Chapter 282, O.S.L. 2022 (4 7
20	51		O.S. Supp. 2022, Section 6 -105), which relates to
21	52		motorcycle-only licenses; limiting allowable power of
22	53		certain electric motorcycles; and providing an
23	54		effective date.
24	55
25	56
26	57
27	58
28		-	~~SUBJECT: Motor vehicles~~
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29	60
30	61		BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
31		-
32	62		SECTION 1. AMENDATORY 47 O.S. 2021, Section 1 -103.2, is
33	63		amended to read as follows:
34		-
35	64		Section 1-103.2 Autocycle.
36		-
37	65		A. An autocycle is any motor vehicle having:
38		-
39	66		1. A seat or saddle for the use of each rider;
40		-
41	67		2. Three wheels in contact with the ground, but excluding a
42	68		tractor;
43	69
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44	96		3. A combustion engine or a n electric motor:
45		-	ENR. H. B. NO. 2133 Page 2
46	97		a. if the power source is a combustion engine, an engine
47	98		with a piston or rotor displacement of one hundred
48	99		fifty cubic centimeters (150 cu cm cc) or greater, or
49		-
50	100		b. if the power source is an electric motor, a power
51	101		source capable of pro ducing one thousand (1,000) watts
52	102		or greater;
53		-
54	103		4. For each occupant, safety belts or safety shoulder harnesses
55	104		which shall be of a type and shall be installed pursuant to 49
56	105		C.F.R., Section 571.208 et seq.; and
57		-
58	106		5. All equipment required by the p rovisions of Article II et
59	107		seq. of Chapter 12 of this title, with respect to equipment on
60	108		vehicles.
61		-
62	109		B. An autocycle shall b e registered as a motor vehicle.
63		-
64	110		C. The operator of an autocycle shall not be required to have
65	111		an "M" endorsement on the Class D License pursuant to Section 6-
66	112		110.1 of this title.
67		-
68	113		SECTION 2. AMENDATORY 47 O.S. 2021, Section 1 -133.2, is
69	114		amended to read as follows:
70		-
71	115		Section 1-133.2 Moped.
72		-
73	116		A "moped" is any motor-driven cycle with a an electric or
74	117		internal combustion motor which produces not to exceed two brake
75	118		horsepower and which is not capable of propelling the vehicle at a
76	119		speed in excess of thirty -five (35) miles per hour on level gro und.
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77	147		If an internal combustion engine is used, the displacement shall not
78	148		exceed fifty (50) cubic centimeters (50 cc), and the moped shall
79	149		have a power drive system that functions directly or automatically
80	150		without clutching or shifting by the operator after the d rive system
81	151		is engaged. If the power source is an electric motor, the motor
82	152		shall not exceed seven hundred fifty (750) watts.
83		-
84	153		SECTION 3. AMENDATORY 47 O.S. 2 021, Section 1-135, is
85	154		amended to read as follows:
86		-
87	155		Section 1-135. Motorcycle.
88		-
89	156		A motorcycle is any motor vehicle having:
90		-	ENR. H. B. NO. 2133 Page 3
91	157		1. A seat or saddle for the use of each ride r;
92		-
93	158		2. Not more than three wheels in contact with the ground, but
94	159		excluding a tractor; and
95		-
96	160		3. A An electric or combustion engine motor:
97		-
98	161		a. if the power source i s a combustion engine, an engine
99	162		with a piston or rotor displacement of one hundred
100	163		fifty cubic centimeters (150 cu cm cc) or greater, or
101		-
102	164		b. if the power source is an electric motor, with a power
103	165		source capable of producing one thousand (1,000) watts
104	166		or greater.
105		-
106	167		SECTION 4. AMENDATORY 47 O.S. 2021, Section 1 -136, is
107	168		amended to read as follows:
108		-
109	169		Section 1-136. Motor-driven cycle.
110		-
111	170		A motor-driven cycle is any motor vehicle having:
112	171
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113	198		1. A power source that:
114		-
115	199		a. if the power source is a com bustion engine, has a
116	200		piston or rotor displacement of greater than thirty -
117	201		five cubic centimeters (35 cu cm cc) but less than one
118	202		hundred fifty cubic centimeters (150 cu cm cc)
119	203		regardless of the number of chambers in the power
120	204		source, or
121		-
122	205		b. if the power source is el ectric, has a power output of
123	206		greater less than one thousand (1,000) watts; and
124		-
125	207		2. A seat or saddle for the use of each rider; and
126		-
127	208		3. Not more than three wheels in contact with the ground.
128		-
129	209		SECTION 5. AMENDATORY 47 O.S. 202 1, Section 6-105, as
130	210		amended by Section 42, Chapter 282, O.S.L. 2022 (47 O .S. Supp. 2022,
131	211		Section 6-105), is amended to read as follows:
132		-
133	212		Section 6-105. A. Unless a legal custodial parent or legal
134	213		guardian has filed an objection to licensure pursuant to Section 6-
135		-	103.1 of this title, any person under eighteen (18) years of age who ~~ENR. H. B. NO. 2133 Page 4~~
	214	+	103.1 of this title, any person under eighteen (18) years of age who
136	215		is in compliance with or not subject to Section 6-107.3 of this
137	216		title may be permitted to operate:
138		-
139	217		1. A Class D motor vehicle under the graduated driver license
140	218		provisions prescribed in subsections B through E of this section;
141		-
142	219		2. A motorcycle under t he provisions prescribed in subsection H
143	220		of this section; or
144	221
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145	248		3. A farm vehicle under the provisions prescribed in subsection
146	249		I of this section.
147		-
148	250		B. Any person who is at least fifteen (15) years of age may
149	251		drive during a session in which the driver is bein g instructed in a
150	252		driver education course, as set out in subparagraphs a, b, c, d and
151	253		e of paragraph 1 of subsection C of this section, by a certified
152	254		driver education instructor who is seated in the right front seat of
153	255		the motor vehicle.
154		-
155	256		C. Any person:
156		-
157	257		1. Who is at least fifteen and one-half (15 1/2) years of age
158	258		and is currently receiving instruction in or has successfully
159	259		completed driver education. For purposes of this section, the term
160	260		"driver education" shall mean:
161		-
162	261		a. a prescribed secondary school driver education course,
163	262		as provided for in Sections 19-113 through 19-121 of
164	263		Title 70 of the Oklahoma Statutes,
165		-
166	264		b. a driver education course, certified by the Department
167	265		of Public Safety, from a parochial, private, or other
168	266		nonpublic secondary school,
169		-
170	267		c. a commercial driver training course, as defined by
171	268		Sections 801 through 808 of this title,
172		-
173	269		d. a parent-taught driver education course, certified by
174	270		the Department of Public Safety. The Department shall
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175	298		promulgate rules for any parent-taught driver
176	299		education course, or
177		-
178	300		e. a driver education course certified by a state other
179	301		than Oklahoma; or
180		-	ENR. H. B. NO. 2133 Page 5
181	302		2. Who is at least sixteen (16) years of age,
182		-
183	303		may, upon successfully passing all parts of the driver license
184	304		examination administered by Service Oklahoma, or an approved written
185	305		examination proctor, except the driving examination, be issued a
186	306		learner permit which will grant the permittee the privilege to
187	307		operate a Class D motor vehicle upon the pu blic highways only
188	308		between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied
189	309		by a licensed driver who is at least twenty-one (21) years of age
190	310		and who is actually occupying a seat beside the permittee; provided,
191	311		the written examination for a lear ner permit may be waived by
192	312		Service Oklahoma upon verification that the person has successfully
193	313		completed driver education.
194		-
195	314		D. 1. Any person:
196		-
197	315		a. who has applied for, been issued, and has possessed a
198	316		learner permit for a minimum of six (6) months, and
199		-
200	317		b. whose custodial legal parent or legal guardian
201	318		certifies to Service Oklahoma by sworn affidavit that
202	319		the person has received a minimum of fifty (50) hours
203	320		of actual behind-the-wheel training, of which at least
204	321		ten (10) hours of such training was at night, from a
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205	349		licensed driver who was at least twenty -one (21) years
206	350		of age and who was properly licensed to operate a
207	351		Class D motor vehicle for a minimum of two (2) years,
208		-
209	352		may be issued an intermediate Class D license upon successfully
210	353		passing all parts of the driver license examinations administered b y
211	354		Service Oklahoma; provided, the written examination, if it has not
212	355		previously been administered or waived, may be waived by Service
213	356		Oklahoma upon verification that the person has successfully
214	357		completed driver education or the drivi ng examination may be waived
215	358		by Service Oklahoma upon successful passage of the examination
216	359		administered by a certified designated examiner, as provided for in
217	360		Section 6-110 of this title. However, notwithstanding the date of
218	361		issuance of the learner permit, if the person has been convicted of
219	362		a traffic offense which is reported on the driving record of that
220	363		person, the time period specified in subparagraph a of this
221	364		paragraph shall be recalculated to begin from the date of conviction
222	365		for the traffic offense, and must elapse before that person may be
223	366		issued an intermediate Class D license. If the person has been
224	367		convicted of more than one traffic offense which is reported on the
225		-	driving record of that person, the time period specified in ~~ENR. H. B. NO. 2133 Page 6~~
	368	+	driving record of that person, the time period specified in
226	369		subparagraph a of this paragraph shall be recalculated to begin from
227	370		the most recent date of conviction, and must elapse before that
228	371		person may be issued an intermediate Class D license.
229	372
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230	399		2. A person who has been issued an intermediate Class D license
231	400		under the provisions of this subsection:
232		-
233	401		a. shall be granted the privilege to operate a Class D
234	402		motor vehicle upon the public highways:
235		-
236	403		(1) only between the hours of 5:00 a.m. and 10:00
237	404		p.m., except for driving to and from work,
238	405		school, school activities, and church activiti es,
239	406		or
240		-
241	407		(2) at any time, if a licensed driver who is at least
242	408		twenty-one (21) years of age is actually
243	409		occupying a seat beside the intermediate Class D
244	410		licensee, or if the intermediate Class D licensee
245	411		is a farm or ranch resident, and is operating a
246	412		motor vehicle while engaged in farming or
247	413		ranching operations outside the limits of a
248	414		municipality, or driving to and from work,
249	415		school, school activities, or church activities,
250	416		and
251		-
252	417		b. shall not operate a motor vehicle with more than one
253	418		passenger unless:
254		-
255	419		(1) all passengers live in the same household as the
256	420		custodial legal parent or legal guardian, or
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257	447
258	448		(2) a licensed driver at least twenty-one (21) years
259	449		of age is actually occupying a seat beside the
260	450		intermediate Class D licensee.
261		-
262	451		E. Any person who has been issued an intermediate Class D
263	452		license for a minimum of:
264		-
265	453		1. One (1) year; or
266		-
267	454		2. Six (6) months, if the person has completed both the driver
268	455		education and the parent-certified behind-the-wheel training
269	456		provisions of subparagraph b of paragraph 1 of subsection D of this
270		-	section, ENR. H. B. NO. 2133 Page 7
271		-
	457	+	section,
272	458		may be issued a Class D license. However, notwithstanding the date
273	459		of issuance of the Class D license, if the person has been convicted
274	460		of a traffic offense which is reported on the driving record of that
275	461		person, the time periods specifi ed in paragraph 1 or 2 of this
276	462		subsection, as applicable, shall be recalculated to begin from the
277	463		date of conviction for the traffic offense, and must elapse before
278	464		that person may be issued a Class D license. If the person has been
279	465		convicted of more than one traffic offense which is reported on the
280	466		driving record of that person, the time periods specified in
281	467		paragraph 1 or 2 of this subsection, as applicable, shall be
282	468		recalculated to begin from the most recent date of conviction, and
283	469		must elapse before th at person may be issued a Class D license.
284		-
285	470		F. Learner permits and intermediate Class D licenses shall be
286	471		issued for the same period as all other driver licenses. The
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287	499		licenses may be suspended or canceled at the discretion of the
288	500		Department for violation of restrictions, for failing to give the
289	501		required or correct information on the application, for knowingly
290	502		giving false or inaccurate information on the application or any
291	503		subsequent documentation related to the granting of driving
292	504		privileges, for using a hand-held electronic device while operating
293	505		a motor vehicle for non-life-threatening emergency purposes or for
294	506		violation of any traffic laws of this state pertaining to the
295	507		operation of a motor vehicle.
296		-
297	508		G. Service Oklahoma shall promulgate rules establishing
298	509		procedures for removal of learner permit and intermediate Class D
299	510		license restrictions from the permit or license upon the permittee
300	511		or licensee qualifying for a less restricted or an unrestricted
301	512		license.
302		-
303	513		H. Any person fourteen (14) years of age or older may apply for
304	514		a restricted Class D license with a motorcycle-only restriction.
305	515		After the person has successfully passed all parts of the motorcycle
306	516		examination other than the driving examination, has successfully
307	517		completed a certified state-approved motorcycle basic rider course
308	518		approved by the Department of Public Safety, in conjunction with
309	519		Service Oklahoma, and has met all requirements provided for in the
310	520		rules of the Department and Service Oklahoma, Service Oklahoma shall
311	521		issue to the person a r estricted Class D license with a motorcycle-
312	522		only restriction which shall grant to the person, while having the
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313	550		license in the person's immediate possession, the privilege to
314	551		operate a motorcycle or motor-driven cycle:
315		-	ENR. H. B. NO. 2133 Page 8
316	552		1. With a piston displacement not to exceed three hundred (300)
317	553		cubic centimeters (300 cc) or a sixteen and eight-tenths (16.8)
318	554		kilowatt electric power source;
319		-
320	555		2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
321		-
322	556		3. While wearing approved protective headgear; and
323		-
324	557		4. While accompanied by and re ceiving instruction fro m any
325	558		person who is at least twenty-one (21) years of age and who is
326	559		properly licensed pursuant to the laws of this state to operate a
327	560		motorcycle or motor-driven cycle, and who has visual contact with
328	561		the restricted licensee.
329		-
330	562		The restricted licensee may ap ply on or after thirty (30) days
331	563		from date of issuance of the restricted Class D license with a
332	564		motorcycle-only restriction to have the restriction of being
333	565		accompanied by a licensed driver removed by successfully completing
334	566		the driving portion of an exami nation.
335		-
336	567		The written examination and driving examination for a restricted
337	568		Class D license with a motorcycle-only endorsement shall be waived
338	569		by Service Oklahoma upon verification that the person has
339	570		successfully completed a c ertified state-approved motorcycle basic
340	571		rider course approved by the Department and Service Oklahoma.
341		-
342	572		I. Service Oklahoma may in its discretion issue a special
343	573		permit to any person who has attained the age of fourteen (14)
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344	601		years, authorizing such person to operate farm vehicles b etween the
345	602		farm and the market to haul commodities grown on the farm; provided,
346	603		that the special permit shall be temporary and shall expire not more
347	604		than thirty (30) days after the issuance of the special permit.
348	605		Special permits shall be issued only to fa rm residents and shall be
349	606		issued only during the time of the harvest of the principal crops
350	607		grown on such farm. Provided, however, Service Oklahoma shall not
351	608		issue a special permit pursuant to this subsection until Service
352	609		Oklahoma is fully satisfied after the examination of the application
353	610		and other evidence furnished in support thereof, that the person is
354	611		physically and mentally developed to such a degree that the
355	612		operation of a motor vehicle by the person would not be inimi cal to
356	613		public safety.
357		-
358	614		J. As used in this section:
359		-	ENR. H. B. NO. 2133 Page 9
360	615		1. "Hand-held electronic device" means a mobile telephone or
361	616		electronic device with which a user engages in a telephone call,
362	617		plays or stores media, including but not limited to music and video,
363	618		or sends or reads a text message while requiring the use of at least
364	619		one hand; and
365		-
366	620		2. "Using a hand-held electronic device" means engaging any
367	621		function on an electronic device.
368		-
369	622		K. All driver education courses provided for in paragraph 1 of
370	623		subsection C of this section sha ll include education regarding the
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371	651		dangers of texting while driving and the effects of being under the
372	652		influence of alcohol or other intoxicating substance while driving.
373		-
374	653		SECTION 6. This act shall become effective November 1, 2023.
375		-	ENR. H. B. NO. 2133 Page 10
376		-	Passed the House of Rep resentatives the 13th day of March, 2023.
377		-
378		-
379		-
380		-
381		-	Presiding Officer of the House
382		-	of Representatives
383		-
384		-
385		-
386		-	Passed the Senate the 26th day of April, 2023.
387		-
388		-
389		-
390		-
391		-	Presiding Officer of the Senate
392		-
393		-
394		-
395		-	OFFICE OF THE GOVERNOR
396		-	Received by the Office of the Governor thi s ____________________
397		-	day of ___________________, 20_______, at _______ o'clock _______ M.
398		-	By: _________________________________
399		-	Approved by the Governor of the State of Oklahoma this _____ ____
400		-	day of ___________________, 20_______, at _______ o'clock ___ ____ M.
401		-
402		-
403		-	_________________________________
404		-	Governor of the State of Oklahoma
405		-
406		-	OFFICE OF THE SECRETARY OF STATE
407		-	Received by the Office of the Secretary of State this __________
408		-	day of ___________________, 20_______, at _______ o'clock _______ M.
409		-	By: _________________________________
	654	+	COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION
	655	+	April 4, 2023 - DO PASS