Oklahoma 2024 Regular Session

Oklahoma House Bill HB2418 Compare Versions

Version 1 (Old)

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1		-	An Act
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	30	+	April 11, 2023
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3	34		BILL NO. 2418 By: Johns of the House
4	35
5	36		and
6	37
7	38		Jech of the Senate
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16	43		An Act relating to motor vehicles; amending 47 O.S.
17	44		2021, Section 6-105, as amended by Section 4 2,
18	45		Chapter 282, O.S.L. 202 2 (47 O.S. Supp. 2022, Section
19	46		6-105), which relates to graduated class D licenses;
20	47		modifying requirements for issuance of an
21	48		intermediate Class D license; and providing an
22	49		effective date.
23	50
24	51
25	52
26		-	~~SUBJECT: Motor vehicles~~
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27	54
28	55		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
29		-
30	56		SECTION 1. AMENDATORY 47 O.S. 2021, Section 6-105, as
31	57		amended by Section 42, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
32	58		Section 6-105), is amended to read as follows:
33		-
34	59		Section 6-105. A. Unless a legal custodial parent or legal
35	60		guardian has filed an objection to licensure pursuant to Section 6-
36	61		103.1 of this title, any person under eighteen (18) years of age who
37	62		is in compliance with or not subject to Secti on 6-107.3 of this
38	63		title may be permitted to operate:
39		-
40	64		1. A Class D motor vehicle under the graduated driver license
41	65		provisions prescribed in subsections B through E of this section;
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43	93		2. A motorcycle under t he provisions prescribed in subsection H
44	94		of this section; or
45		-	ENR. H. B. NO. 2418 Page 2
46	95		3. A farm vehicle under the provisions prescribed in subsection
47	96		I of this section.
48		-
49	97		B. Any person who is at least fifteen (15) years of age may
50	98		drive during a session in which the driver is bein g instructed in a
51	99		driver education course, as set out in subparagraphs a, b, c, d and
52	100		e of paragraph 1 of subsection C of this section, by a certified
53	101		driver education instructor who is seated in the right front seat of
54	102		the motor vehicle.
55		-
56	103		C. Any person:
57		-
58	104		1. Who is at least fifteen and one -half (15 1/2) years of age
59	105		and is currently receiving instruction in or has successfully
60	106		completed driver education. For purposes of this section, the term
61	107		"driver education" shall mean:
62		-
63	108		a. a prescribed secondary school driver education course,
64	109		as provided for in Secti ons 19-113 through 19-121 of
65	110		Title 70 of the Oklahoma Statutes,
66		-
67	111		b. a driver education course, certified by the Department
68	112		of Public Safety, from a parochial, private, or other
69	113		nonpublic secondary school,
70		-
71	114		c. a commercial driver training course, as defined by
72	115		Sections 801 through 808 of this title,
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73	142
74	143		d. a parent-taught driver education course, certified by
75	144		the Department of Public Safety. The Department shall
76	145		promulgate rules for any parent-taught driver
77	146		education course, or
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79	147		e. a driver education course certified by a state other
80	148		than Oklahoma; or
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82	149		2. Who is at least sixteen (16) years of age,
83		-
84	150		may, upon successfully passing all parts of the driver license
85	151		examination administered by Service Oklahoma, or an approved written
86	152		examination proctor, except the driving examination, be issued a
87	153		learner permit which will grant the permittee the privilege to
88	154		operate a Class D motor vehicle upon the public highways only
89	155		between the hours of 5:00 a.m. and 10:00 p.m. and while acc ompanied
90		-	by a licensed driver who is at least twenty-one (21) years of ag e ~~ENR. H. B. NO. 2418 Page 3~~
	156	+	by a licensed driver who is at least twenty-one (21) years of ag e
91	157		and who is actually occupying a seat beside the permittee; provided,
92	158		the written examination for a le arner permit may be waived by
93	159		Service Oklahoma upon verification that the person has successfully
94	160		completed driver educat ion.
95		-
96	161		D. 1. Any person:
97		-
98	162		a. who has applied for, been issued, and has possessed a
99	163		learner permit for a minimum of six (6) months, and
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101	164		b. whose custodial legal parent or legal guardian
102	165		certifies to Service Oklahoma by sworn affidavit that
103	166		the person has received a minimum of fifty (50) hours
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104	194		of actual behind-the-wheel training, of which at least
105	195		ten (10) hours of such training was at night, from a
106	196		licensed driver who was at least twenty -one (21) years
107	197		of age and who was properly licensed to operate a
108	198		Class D motor vehicle for a minimum of two (2) years,
109	199		and
110		-
111	200		c. who has completed a free course approved by the
112	201		Oklahoma Department of Transport ation on teen driver
113	202		work zone and first responder safety,
114		-
115	203		may be issued an intermediate Class D license upon successfu lly
116	204		passing all parts of the driver license examinations administered by
117	205		Service Oklahoma; provided, the written examination, if it has not
118	206		previously been administered or waived, may be waived by Service
119	207		Oklahoma upon verification that the person has successfully
120	208		completed driver education or the driving examination may be waived
121	209		by Service Oklahoma upon successful passage of the examination
122	210		administered by a certified designated examiner, as provided for in
123	211		Section 6-110 of this title. However, notwithstanding the date of
124	212		issuance of the learner permit, if the person has been convicted of
125	213		a traffic offense which is reported on the driving record of that
126	214		person, the time period specified in subparagraph a of this
127	215		paragraph shall be recalculated to begin from the date of conviction
128	216		for the traffic offense, and must elapse before that person may be
129	217		issued an intermediate Class D license. If the person has been
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130	245		convicted of more than one traffic offense which is reported on the
131	246		driving record of that person, the time period specified in
132	247		subparagraph a of this paragraph shall be recalculated to begin from
133	248		the most recent date of conviction, and must elapse before that
134	249		person may be issued an intermediate Class D license.
135		-	ENR. H. B. NO. 2418 Page 4
136	250		2. A person who has been issued an intermediate Class D license
137	251		under the provisions of this subsection:
138		-
139	252		a. shall be granted the privilege to operate a Class D
140	253		motor vehicle upon the public highways:
141		-
142	254		(1) only between the hours of 5:00 a.m. and 10:00
143	255		p.m., except for driving to and from work,
144	256		school, school activities, and church ac tivities,
145	257		or
146		-
147	258		(2) at any time, if a licensed driver who is at least
148	259		twenty-one (21) years of age is actually
149	260		occupying a seat beside the intermediate Class D
150	261		licensee, or if the intermediate Class D licensee
151	262		is a farm or ranch resid ent, and is operating a
152	263		motor vehicle while engaged in farming or
153	264		ranching operations outside the limits of a
154	265		municipality, or driving to and from work,
155	266		school, school activities, or church activiti es,
156	267		and
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158	295		b. shall not operate a motor vehicle with more tha n one
159	296		passenger unless:
160		-
161	297		(1) all passengers live in the same household as the
162	298		custodial legal parent or legal guardian, or
163		-
164	299		(2) a licensed driver at least twenty-one (21) years
165	300		of age is actually occu pying a seat beside the
166	301		intermediate Class D licensee.
167		-
168	302		E. Any person who has been issued an intermediate Class D
169	303		license for a minimum of:
170		-
171	304		1. One (1) year; or
172		-
173	305		2. Six (6) months, if the person has completed both the driver
174	306		education and the parent-certified behind-the-wheel training
175	307		provisions of subparagraph b of paragraph 1 of subsec tion D of this
176	308		section,
177		-
178	309		may be issued a Class D license. However, notwithstanding the date
179	310		of issuance of the Class D license, if the person has been convicted
180		-	of a traffic offense which is reported on the driving record of that ~~ENR. H. B. NO. 2418 Page 5~~
	311	+	of a traffic offense which is reported on the driving record of that
181	312		person, the time periods s pecified in paragraph 1 or 2 of this
182	313		subsection, as applicable, shall be recalculated to begin from the
183	314		date of conviction for the traffic offense, and must elapse before
184	315		that person may be issued a Class D license. If the person has been
185	316		convicted of more than one traffic offense which is reported on the
186	317		driving record of that person, the time periods specified in
187	318		paragraph 1 or 2 of this subsection, as applicable, shall be
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188	346		recalculated to begin from the most recent date of convic tion, and
189	347		must elapse before that person may be issued a Class D license.
190		-
191	348		F. Learner permits and intermediate Class D licenses shall be
192	349		issued for the same period as all other driver licenses . The
193	350		licenses may be suspended or canceled at the discretion o f the
194	351		Department for violation of restrictions, for failing to give the
195	352		required or correct information on the application, for knowingly
196	353		giving false or inaccurate information on the application or any
197	354		subsequent documentation related to the granting of d riving
198	355		privileges, for using a hand-held electronic device while operating
199	356		a motor vehicle for non-life-threatening emergency purposes or for
200	357		violation of any traffic laws of this state pertaining t o the
201	358		operation of a motor vehicle.
202		-
203	359		G. Service Oklahoma shall promulgate rules establishing
204	360		procedures for removal of learner permit and intermediate Class D
205	361		license restrictions from the permit or license upon the permittee
206	362		or licensee qualifying for a less restricted or an unres tricted
207	363		license.
208		-
209	364		H. Any person fourteen (14) years of age or older may apply for
210	365		a restricted Class D license with a motorcycle-only restriction.
211	366		After the person has successfully passed all parts of the motorcycle
212	367		examination other than the driving exam ination, has successfully
213	368		completed a certified state-approved motorcycle basic rider course
214	369		approved by the Department of Public Safety, in conjunction with
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215	397		Service Oklahoma, and has met all requirements provided for in the
216	398		rules of the Department and Service Oklahoma, Service Oklahoma shall
217	399		issue to the person a restricted Class D license with a motorcycle-
218	400		only restriction which shall grant to the person, while having the
219	401		license in the person's immediate possession, the privilege to
220	402		operate a motorcycle or motor-driven cycle:
221		-
222	403		1. With a piston displacement not to exceed three hundred (300)
223	404		cubic centimeters;
224		-
225		-	2. Between the hours of 4:30 a.m. to 9:00 p.m. only; ENR. H. B. NO. 2418 Page 6
226		-
	405	+	2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
227	406		3. While wearing approved protective headgear; and
228		-
229	407		4. While accompanied by and re ceiving instruction fro m any
230	408		person who is at least twenty-one (21) years of age and who is
231	409		properly licensed pursuant to the laws of this state to operate a
232	410		motorcycle or motor-driven cycle, and who has visual contact with
233	411		the restricted licensee.
234		-
235	412		The restricted licensee may ap ply on or after thirty (30) days
236	413		from date of issuance of the restricted Class D license with a
237	414		motorcycle-only restriction to have the restriction of being
238	415		accompanied by a licensed driver removed by successfully completing
239	416		the driving portion of an exami nation.
240		-
241	417		The written examination and driving ex amination for a restricted
242	418		Class D license with a motorcycle-only endorsement shall be waived
243	419		by Service Oklahoma upon verification that the person has
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244	447		successfully completed a c ertified state-approved motorcycle basic
245	448		rider course approved by the Department and Service Oklahoma.
246		-
247	449		I. Service Oklahoma may in its discretion issue a special
248	450		permit to any person who has attained the age of fourteen (14)
249	451		years, authorizing such person to operate farm vehicles b etween the
250	452		farm and the market to haul commodities grown on the farm; provided,
251	453		that the special permit shall be temporary and shall expire not more
252	454		than thirty (30) days after the issuance of the special permit.
253	455		Special permits shall be issued only to fa rm residents and shall be
254	456		issued only during the time of the harvest of the principal crops
255	457		grown on such farm. Provided, however, Service Oklahoma shall not
256	458		issue a special permit pursuant to this subsection until Service
257	459		Oklahoma is fully satisfied after the examination of the application
258	460		and other evidence furnished in support thereof, that the person is
259	461		physically and mentally developed to such a degree that the
260	462		operation of a motor vehicle by the person would not be inimi cal to
261	463		public safety.
262		-
263	464		J. As used in this section:
264		-
265	465		1. "Hand-held electronic device" means a mobile telephone or
266	466		electronic device with which a user engages in a telephone call,
267	467		plays or stores media, including but not limited to music and video,
268	468		or sends or reads a text message while requiring the use of at least
269	469		one hand; and
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271	497		2. "Using a hand-held electronic device" means engaging any
272	498		function on an electronic device.
273		-
274	499		K. All driver education courses provided for in paragraph 1 of
275	500		subsection C of this section sha ll include education regarding the
276	501		dangers of texting while driving and the effects of being under the
277	502		influence of alcohol or other intoxicating substance while driving.
278		-
279	503		SECTION 2. This act shall become effective November 1, 2023.
280		-	ENR. H. B. NO. 2418 Page 8
281		-	Passed the House of Representatives the 9th day of March, 2023.
282		-
283		-
284		-
285		-
286		-	Presiding Officer of the House
287		-	of Representatives
288		-
289		-
290		-	Passed the Senate the 18th day of April, 2023.
291		-
292		-
293		-
294		-
295		-	Presiding Officer of the Senate
296		-
297		-	OFFICE OF THE GOVERNOR
298		-	Received by the Office of the Governor this ____________________
299		-	day of ___________________, 20_______, at ____ ___ o'clock _______ M.
300		-	By: _________________________________
301		-	Approved by the Governor of the State of Oklahoma this _____ ____
302		-	day of ___________________, 20_______, at _______ o'clock _______ M.
303		-
304		-
305		-	_________________________________
306		-	Governor of the State o f Oklahoma
307		-
308		-	OFFICE OF THE SECRETARY OF STATE
309		-	Received by the Office of the Secretary of State this __________
310		-	day of ___________________, 20_______, at _______ o'clock _______ M.
311		-	By: _________________________________
312		-
	504	+	COMMITTEE REPORT BY: COMMITTEE ON AERONAUTICS AND TRANSPORTATION
	505	+	April 11, 2023 - DO PASS