Oklahoma 2024 Regular Session

Oklahoma House Bill HB2418 Latest Draft

Bill / Enrolled Version Filed 04/19/2023

                            An Act 
ENROLLED HOUSE 
BILL NO. 2418 	By: Johns of the House 
 
   and 
 
  Jech of the Senate 
 
 
 
 
 
 
 
 
An Act relating to motor vehicles; amending 47 O.S. 
2021, Section 6-105, as amended by Section 4 2, 
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Section 
6-105), which relates to graduated class D licenses; 
modifying requirements for issuance of an 
intermediate Class D license; and providing an 
effective date. 
 
 
 
SUBJECT: Motor vehicles 
 
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: 
 
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 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 t he provisions prescribed in subsection H 
of this section; or 
  ENR. H. B. NO. 2418 	Page 2 
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: 
 
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 
 
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 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 ag e  ENR. H. B. NO. 2418 	Page 3 
and who is actually occupying a seat beside the permittee; provided, 
the written examination for a le arner 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, 
and 
 
c. who has completed a free course approved by the 
Oklahoma Department of Transport ation on teen driver 
work zone and first responder safety, 
 
may be issued an intermediate Class D license upon successfu lly 
passing all parts of the driver license examinations administered by 
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 driving 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 
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. 
  ENR. H. B. NO. 2418 	Page 4 
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 ac tivities, 
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 
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 subsec tion 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  ENR. H. B. NO. 2418 	Page 5 
person, the time periods s pecified 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 convic tion, and 
must elapse before that 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 
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 restricted 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;  ENR. H. B. NO. 2418 	Page 6 
 
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. 
 
The written examination and driving ex amination 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: 
 
1.  "Hand-held electronic device" means a mobile telephone 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 
  ENR. H. B. NO. 2418 	Page 7 
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 under the 
influence of alcohol or other intoxicating substance while driving. 
 
SECTION 2.  This act shall become effective November 1, 2023. 
  ENR. H. B. NO. 2418 	Page 8 
Passed the House of Representatives the 9th day of March, 2023. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the 18th day of April, 2023. 
 
 
 
  
 	Presiding Officer of the Senate 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
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 o f 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: _________________________________