An Act
ENROLLED HOUSE
BILL NO. 2133 By: George of the House
and
Weaver of the Senate
An Act relating to motor vehicles; amending 47 O.S.
2021, Sections 1-103.2, 1-133.2, 1-135, and 1-136,
which relate to definitions of autocycles, mopeds,
motorcycles and motor-driven cycles; modifying
definitions; amending 47 O.S. 2021, Section 6 -105, as
amended by Section 42, Chapter 282, O.S.L. 2022 (4 7
O.S. Supp. 2022, Section 6 -105), which relates to
motorcycle-only licenses; limiting allowable power of
certain electric motorcycles; and providing an
effective date.
SUBJECT: Motor vehicles
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 1 -103.2, is
amended to read as follows:
Section 1-103.2 Autocycle.
A. An autocycle is any motor vehicle having:
1. A seat or saddle for the use of each rider;
2. Three wheels in contact with the ground, but excluding a
tractor;
3. A combustion engine or a n electric motor:
ENR. H. B. NO. 2133 Page 2
a. if the power source is a combustion engine, an engine
with a piston or rotor displacement of one hundred
fifty cubic centimeters (150 cu cm cc) or greater, or
b. if the power source is an electric motor, a power
source capable of pro ducing one thousand (1 ,000) watts
or greater;
4. For each occupant, safety belts or safety shoulder harnesses
which shall be of a type and shall be installed pursuant to 49
C.F.R., Section 571.208 et seq.; and
5. All equipment required by the p rovisions of Article II et
seq. of Chapter 12 of this title, with respect to equipment on
vehicles.
B. An autocycle shall b e registered as a motor vehicle.
C. The operator of an autocycle shall not be required to have
an "M" endorsement on the Class D License pursuant to Section 6 -
110.1 of this title.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 1 -133.2, is
amended to read as follows:
Section 1-133.2 Moped.
A "moped" is any motor-driven cycle with a an electric or
internal combustion motor which produces not to exceed two brake
horsepower and which is not capable of propelling the vehicle at a
speed in excess of thirty -five (35) miles per hour on level gro und.
If an internal combustion engine is used, the displacement shall not
exceed fifty (50) cubic centimeters (50 cc), and the moped shall
have a power drive system that functions directly or automatically
without clutching or shifting by the operator after the d rive system
is engaged. If the power source is an electric motor, the motor
shall not exceed seven hundred fifty (750) watts.
SECTION 3. AMENDATORY 47 O.S. 2 021, Section 1-135, is
amended to read as follows:
Section 1-135. Motorcycle.
A motorcycle is any motor vehicle having:
ENR. H. B. NO. 2133 Page 3
1. A seat or saddle for the use of each rider;
2. Not more than three wheels in contact with the ground, but
excluding a tractor; and
3. A An electric or combustion engine motor:
a. if the power source i s a combustion engine, an engine
with a piston or rotor displacement of one hundred
fifty cubic centimeters (150 cu cm cc) or greater, or
b. if the power source is an electric motor, with a power
source capable of producing one thousand (1,000) watts
or greater.
SECTION 4. AMENDATORY 47 O.S. 2021, Section 1 -136, is
amended to read as follows:
Section 1-136. Motor-driven cycle.
A motor-driven cycle is any motor vehicle having:
1. A power source that:
a. if the power source is a com bustion engine, has a
piston or rotor displacement of greater than thirty -
five cubic centimeters (35 cu cm cc) but less than one
hundred fifty cubic cent imeters (150 cu cm cc)
regardless of the number of chambers in the power
source, or
b. if the power source is el ectric, has a power output of
greater less than one thousand (1,000) watts; and
2. A seat or saddle for the use of each rider; and
3. Not more than three wheels in contact with the ground.
SECTION 5. AMENDATORY 47 O.S. 202 1, 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:
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 ENR. H. B. NO. 2133 Page 4
is in compliance with or not subject to Secti on 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 the provisions prescribed in subsection 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 being 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:
a. a prescribed secondary school driver education course,
as provided for in Secti ons 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 course, 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
ENR. H. B. NO. 2133 Page 5
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 issued a
learner permit which will grant the permittee the privilege to
operate a Class D motor vehicle upon the pu blic highways only
between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied
by a licensed driver who is at least twenty-one (21) years of ag e
and who is actually occupying a seat beside the permittee; provided,
the written examination for a lear ner permit may be waived by
Service Oklahoma upon verification that the person has successfully
completed driver educat ion.
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 guardian
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 twenty -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 successfully
passing all parts of the driver license examinations 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 date 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
person, the time period specified in subparagraph a of this
paragraph shall be recalculated to begin from the date of 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 period specified in ENR. H. B. NO. 2133 Page 6
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 Class 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 resident, and is operating a
motor vehicle while engaged in farming or
ranching operations outside the limits of a
municipality, or driving to and from work,
school, school activities, or church activities,
and
b. shall not operate a motor vehicle with more than 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 occupying 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, ENR. H. B. NO. 2133 Page 7
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
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 conviction, 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 of 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 driving
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 to 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 unrestricted
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
examination other than the driving examination, 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:
ENR. H. B. NO. 2133 Page 8
1. With a piston displacement not to exceed three hundred (300)
cubic centimeters (300 cc) or a sixteen and eight-tenths (16.8)
kilowatt electric power source;
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 f rom 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 apply 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 ex amination.
The written examination and driving examination 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 special
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 shall 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.
J. As used in this section:
ENR. H. B. NO. 2133 Page 9
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 sha ll 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.
SECTION 6. This act shall become effective November 1, 2023.
ENR. H. B. NO. 2133 Page 10
Passed the House of Rep resentatives the 13th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 26th day of April, 2023.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor thi s ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock ___ ____ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________