An Act
ENROLLED HOUSE
BILL NO. 2750 By: Miller of the House
and
Haste of the Senate
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 6-110, as amended by Section 49,
Chapter 282, O.S.L. 2022 (47 O.S. S upp. 2022, Section
6-110), which relates to examination of applicants;
authorizing certain approvals and agreements;
allowing certain examination to be given at public or
private site; allowing certain organizations to make
certain hires; allowing certain portion of driver
examination to be given; 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 6-110, as
amended by Section 49, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 6-110), is amended to read as follows:
Section 6-110. A. 1. Service Oklahoma shall establish
procedures to ensure every applicant for an original Class A, B, C
or D license and for any endorsements thereon is examined by Service
Oklahoma, or an approved written examination proctor, except as
otherwise provided in Section 6-101 et seq. of this title or as
provided in paragraph 2 of this sub section or in subsections D and E
of this section. Service Oklahoma is authorized to approve and
enter into agreements with local school districts, the Oklahoma
Department of Career and Technology Education, or institutions of
higher education third parties to act as approved written
examination proctors with regard to any written examination required ENR. H. B. NO. 2750 Page 2
by this section. The examination shall include a test of the
applicant's:
a. eyesight,
b. ability to read and understand highway signs
regulating, warning and directing traffic,
c. knowledge of the traffic laws of this state including
a portion on bicycle and motorcycle safety, and
d. ability, by actual demonstration, to exercise ordinary
and reasonable control in the operation of a motor
vehicle. The actual demonstration shall be conducted
in the type of motor vehicle for the class of driver
license being applied for.
The Department of Public Safety, in conjunction with Servic e
Oklahoma, may create a knowledge test that may be taken on the
Internet by an applicant applying for a Class D license.
Any licensee seeking to apply for a driver license of another class
which is not covered by the licensee's current driver license sha ll
be considered an applicant for an original license for that class.
2. Service Oklahoma shall have the authority to waive the
requirement of any part of the examination required in paragraph 1
of this subsection for those applicants whose driving record meets
the standards set by the Department of Public Safety and surrender
either of the following:
a. a valid unexpired driver license issued by any state
or country for the same type or types of vehicles, or
b. an expired driver license that:
(1) is not expired more than six (6) months past the
expiration date listed on the driver license, and
(2) is not a Class A, B or C commercial driver
license or commercial driver license permit.
3. Service Oklahoma shall accept skills test results from
another state for Class A, B or C license applicants who have
successfully completed commercial motor vehicle driver training in
that state and successfully passed the skills test in that state; ENR. H. B. NO. 2750 Page 3
provided, Service Oklahoma shall not accept skills test results from
another state when the applicant has not successfully completed
commercial motor vehicle driver training in that state. Nothing in
this section shall be construed to prohibit Service Oklahoma from
administering the ski lls test to any applicant who has successfully
completed commercial vehicle driver training in another state.
4. All applicants requiring a hazardous materials endorsement
shall be required, for the renewal of the endorsement, to
successfully complete the examination and to submit to a security
threat assessment performed by the Transportation Security
Administration of the Department of Homeland Security as required by
and pursuant to 49 C.F.R., Part 1572, which shall be used to
determine whether the appl icant is eligible for renewal of the
endorsement pursuant to federal law and regulation.
5. Service Oklahoma, or an approved written examination
proctor, shall give the complete examination as provided for in this
section within thirty (30) days from the date the application is
received, and the examination shall be given at a location within
one hundred (100) miles of the residence of the applicant. Service
Oklahoma shall make every effort to make the examination locations
and times convenient for applicants. Service Oklahoma shall
consider giving the examination at various school sites if the
district board of education f or the district in which the site is
located agrees and any public or private site, if economically
feasible and practicable, and if Service Oklahoma and the owner or
the governing body agree.
B. Any person holding a valid Oklahoma Class D license or
provisional driver license pursuant to Section 6-212 of this title
and applying for a Class A, B or C com mercial license shall be
required to successful ly complete all examinations as required for
the specified class. Failure to submit to Service Oklahoma
federally required medical certification information pursuant to 49
C.F.R., Part 391.41 et seq. shall re sult in an automatic downgrade
of a commercial license to a Class D license. Provided, however,
once the required medical certification information has been
received by Service Oklahoma, the license shall be reinstated to the
classification of the commercial license prior to the downgrade and
the holder of such a license shall not be required to reapply.
C. Except as provided in subsection E of Section 6-101 of this
title, any person holding a valid Oklahoma Class A, B or C
commercial license shall, upon time for renewal thereof, be entitled ENR. H. B. NO. 2750 Page 4
to a Class D license without any type of testing or examination,
except for any endorsements thereon as otherwise provided for by
Section 6-110.1 of this title.
D. 1. Any certified driver education instructor who is
currently an operator or an employee of a commercial driver training
school in this state or any driver education instructor employed by
any school district in this state shall be eligible to apply to be a
designated examiner of Service Oklahoma for the purposes of
administering the Class D driving skills portion of the Oklahoma
driving examination to any person who has been issued a learner
permit.
2. The Department of Public Safety, in conjunction with Service
Oklahoma, shall adopt a curriculum of required courses and training
to be offered to app licants who are qualified to apply to be a
designated examiner. The courses and training for certification
shall meet the same standards as required for driver examiners of
Service Oklahoma.
3. Each person applying to be a designated examiner shall be
required to pay an initial designated examiner certifi cation fee of
One Thousand Dollars ($1,000.00). Upon successful completion of
training prescribed by paragraph 2 of this subsection, the person
shall be required to pay an annual designated examiner certification
fee of Five Hundred Dollars ($500.00) . If an applicant for the
designated examiner program is employed by an Oklahoma public school
system that offers driver education, and he or she administers the
skills test only to students enrolled in a public school driver
education program, the certificati on fee may be waived by Service
Oklahoma. Each designated examiner certification shall expire on
the last day of the calendar year and may be renewed upon
application to Service Oklahoma. The designated examiner
certification fees collected by Service Oklahoma pursuant to this
subsection shall be deposited to the credit of the Department of
Public Safety Restricted Revolving Fund to be used for the purposes
of this subsection, through October 31 , 2022. Beginning November 1,
2022, the designated examiner certification fees collected by
Service Oklahoma pursuant to this subsection shall be deposited to
the credit of the Service Oklahoma Revolving Fund. No designated
examiner certification fee sha ll be refunded in the event that
certification is denied, suspended or revoked.
ENR. H. B. NO. 2750 Page 5
4. A designated examiner may charge a fee for each Class D
driving skills examination given, whether the person being examined
passes or fails the examination.
5. Service Oklahoma shall conduct an annual complete nationwide
criminal history background check on each designated examiner and a
complete nationwide criminal history background check on each
designated examiner applicant. The fees for the background check
shall be borne by the designated examiner or designated examiner
applicant.
6. The Department of Public Safety, in conjunction with Service
Oklahoma, shall promulgate rules to implement and administer the
provisions of this subsection.
E. 1. Upon application and approval o f Service Oklahoma, any
public or private commercia l truck driving school that has or
maintains a program instructing students for a Class A, B or C
license, public transit agency or, state, county or municipal
government agency in this state, such as local school districts, the
Oklahoma Department of Career and Technology Education, or
institutions of higher education , or a private entity, shall be
authorized to hire or employ designated examiners approved b y
Service Oklahoma to be third-party examiners of the Class A, B or C
driving skills portion and/or knowledge written portion, pursuant to
paragraph A of this section, of the Oklahoma driving examination.
All designated examiners must successfully have completed the
courses and training as outlined in paragraph 2 of this subsec tion.
Service Oklahoma shall be required to approve at least one public
transit agency that has or mainta ins a program instructing students
for a Class A, B or C license to hire or employ third-party
examiners pursuant to t his section. It shall be permissible for any
public transit agency operating in the State of Oklahoma to utilize
the third-party examiners hired or employed by a public transit
agency approved by Service Oklahoma.
2. The Department of Public Safety, in conjunction with Service
Oklahoma, shall adopt a curriculum of required courses and training
to be offered to third-party examiners. The courses and training
for certification shall meet the same standards as required for
commercial driver examiners of Service Oklahoma.
3. Service Oklahoma shall require each thi rd-party examiner
applicant and commercial school driver education instructor
applicant to submit to an electronic national criminal history
record check pursuant to Section 150.9 of Title 74 of the Oklahoma ENR. H. B. NO. 2750 Page 6
Statutes. On or before December 1, 2022, Service Oklahoma shall
require each third-party examiner or commercial school driver
education instructor to submit to an electronic national criminal
history record check pursuant to Section 150.9 of Tit le 74 of the
Oklahoma Statutes. The fees for the background check shall be borne
by the third-party examiner, third-party examiner applicant,
commercial school driver education instructor or commercial school
driver education instructor applicant.
F. Service Oklahoma shall promulgate rules to:
1. Implement and administer the provisions of this section
based on requirements set forth in Section 383.75 of Title 49 of the
Code of Federal Regulations;
2. Establish a process to inform any school, public transit
agency, examiner, or state, county or municipal government agency,
who has been denied, within forty-five (45) days from the denial;
3. Create an appeal process for any school, public transit
agency, examiner, or state, county or municipal government agency
denied; and
4. If the initial application for approval was denied, limit
the number of times an individual school, public transit agency,
individual examiner applicant, or state, county or municipal
government agency may reapply in a calendar year to two
reapplications.
SECTION 2. This act shall become effective November 1, 2023.
ENR. H. B. NO. 2750 Page 7
Passed the House of Representatives the 9th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the 19th 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 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: _________________________________