Oklahoma 2024 2024 Regular Session

Oklahoma House Bill HB3191 Introduced / Bill

Filed 01/17/2024

                     
 
 
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STATE OF OKLAHOMA 
 
2nd Session of the 59th Legislature (2024) 
 
HOUSE BILL 3191 	By: Newton 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to driver licenses; amending 47 O.S. 
2021, Section 6-102, as amended by Section 39, 
Chapter 282, O.S.L. 2022 (47 O.S. Sup p. 2023, Section 
6-102), which relate to persons exempt; allowing 
certain resident drivers to operate a vehicle without 
a license; amending 47 O.S. 2021, Section 6 -105, as 
last amended by Section 1, Chapter 229, O.S.L. 2023 
(47 O.S. Supp. 2023, Section 6 -105), which relates to 
graduated class D licenses; allowing certain 
residents to receive driver education; defining term; 
allowing for waiving over certain examination; 
amending 47 O.S. 2021, Section 6 -105.2, as amended by 
Section 43, Chapter 282, O.S.L. 20 22 (47 O.S. Supp. 
2023, Section 6-105.2), which relates to instructor 
permit; authorizing driver educa tion instructors to 
instruct certain drivers; defining term; amending 47 
O.S. 2021, Section 801, which relates to definitions; 
modifying definitions; and providing an effective 
date. 
 
 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     47 O.S. 2021, Section 6 -102, as 
amended by Section 39, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, 
Section 6-102), is amended to r ead as follows:   
 
 
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Section 6-102. A.  A nonresident who is sixteen (16) years of 
age or older may operate a motor vehicle in this state as authorized 
by the class, restrictions, and endorsements specified on the 
license, if the nonresident is: 
1. Properly licensed in the home state or country to operate a 
commercial or noncommercial motor vehicle and who has immediate 
possession of a valid driver license issued by the home state or 
country; or 
2.  A member of the Armed Forces of the United States or the 
spouse or dependent of such member who has been issued and is in 
possession of a valid driver license issued by an overseas component 
of the Armed Forces of the Unit ed States. 
B.  A resident who is at least fifteen (15) years of age may 
operate a vehicle in this state without a driver license, if the 
resident is: 
1. Operating a vehicle pursuant to subsection B of Section 6-
105 of this title; or 
2.  Taking the driving skills examination as required by Section 
6-110 of this title, when accompanied by a Driver License Examiner 
of Service Oklahoma or by a designated examiner approved and 
certified by Service Oklahoma. 
C.  A resident who is at least thirteen and one-half (13 1/2) 
years of age may operate a vehicle in this state without a driver 
license if the resident:   
 
 
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1.  Either resides upon a farm in this state or is employed for 
compensation upon a farm in this state. For purposes of this 
subsection, the term "farm" means any parcel of land for which the 
owner has an agricultural exemption permit issued by the Oklah oma 
Tax Commission; 
2.  Is operating a vehicle pursuant to subsection B of Section 
6-105 of this title; or 
3.  Is taking the driving sk ills examination as required by 
Sections 6-105 and 6-110 of this title when accompanied by a driver 
license examiner of Service Oklahoma or by a designated examiner 
approved and certified by Service Oklahoma. 
D.  Any person, while in the performance of official duties, may 
operate any class of motor vehicle if the person possesses any class 
of valid Oklahoma driver license or a valid driver license issued by 
another state, if the person is: 
1.  A member of the Armed F orces of the United States who is on 
active duty; 
2.  A member of the military reserves, not including United 
States reserve technician; 
3.  A member of the National Guard who is on active duty, 
including National Guard military technicians; 
4.  A member of the National Guard who is on part-time National 
Guard training, including National Guard military technicians; or   
 
 
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5.  A member of the United States Coast Guard who is on active 
duty. 
D. E.  The Director of Service Oklahoma is hereby authorized to 
adopt rules as may be necessary to enter into reciprocity agreements 
with foreign countries.  The rules shall specify that the driver 
license standards of the foreign country shall be comparable to 
those of this state.  The rules shall also require foreign drivers, 
who are operating a motor vehicle in Oklahoma under such a 
reciprocity agreement, to comply with the compulsory motor vehicle 
liability insurance and financial responsibility laws of this state. 
SECTION 2.     AMENDATORY     47 O.S. 2021, Section 6 -105, as 
last amended by Section 1, Chapter 22 9, O.S.L. 2023 (47 O.S. Supp. 
2023, Section 6-105), is amended to read as foll ows: 
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 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 
3.  A farm vehicle under the provisions prescribed in subsection 
I of this section.   
 
 
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B. 1.  Any person who is at least fifteen (15) years of age or 
who is at least thirteen and one-half (13 1/2) years of age, and 
either resides upon a farm in this state or is employed for 
compensation upon a farm in this state , 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. 
2.  For purposes of this subsection, the term "farm" means any 
parcel of land for which the owner has an agricultural exempt ion 
permit issued by the Oklahoma Tax Commission. 
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 Sections 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,   
 
 
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c. a commercial driver training c ourse, 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 age 
and who is actually occupying a seat beside the permittee; provided, 
the written examination for a learner permit may be waived by 
Service Oklahoma upon verification that the person has successfully 
completed driver education. 
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   
 
 
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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 examin ations 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 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   
 
 
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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. 
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:   
 
 
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(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, 
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.   
 
 
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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 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   
 
 
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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: 
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; 
3.  While wearing approved protective headgear; and 
4.  While accompanied by and re ceiving instruction from 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 examination. 
The written examination and driving examin ation 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 certified state-approved motorcycle basic 
rider course approved by the Department and Service Oklahoma.   
 
 
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I.  1.  Any person who is less than sev enteen (17) years of age 
but is at least fourteen (14) years of age and who resides upon a 
farm in this state or is employed for compensation upon a farm in 
this state may apply to Service Oklahoma for a farm permit 
authorizing such person, while possessin g the permit, to operate any 
Class D motor vehicle. 
2. a. A farm permit shall entitle the licensee, who is at 
least fourteen (14) years of age but less than sixteen 
(16) years of age, to operate the appropriate m otor 
vehicles at any time: 
(1) while going to or from or in connection with any 
farm job, employment, or other farm-related work, 
(2) on days while school is in session, over the most 
direct and accessible route between the 
licensee's residence and school of enrollment for 
the purpose of school atte ndance; provided, that 
the privilege shall only extend to those 
licensees who reside on a farm and c ommute 
directly from their place of residence to the 
school in which they are enrolled, or 
(3) when the licensee is operating a passenger car at 
any time when accompanied by an adult who is the 
holder of a valid commercial driver license,   
 
 
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Class A, B, C, or D driver license and who is 
actually occupying a seat beside the driver. 
b. For a period of six (6) months, a f arm permit shall 
entitle the licensee who is at least sixteen (16) 
years of age to operate the appropriate motor vehicles 
at any time: 
(1) from 5:00 a.m. to 9:00 p.m., 
(2) while going to or from or in connection with any 
farm job, employment, or other farm -related work, 
(3) while going to or from au thorized school 
activities, 
(4) while going directly to or from any religious 
worship service held b y a religious organization, 
or 
(5) while the licensee is operating a passenger car 
at any time while accompanied by an adult who is 
the holder of a valid co mmercial driver license, 
Class A, B, or C driver license, and who is 
actually occupying a seat besid e the driver. 
After such six-month period, if the licensee has complied with the 
provisions of this subsection, such farm permit shall entitle the 
licensee to operate the appropriate motor vehi cles at any time 
without the restrictions required by this subs ection. 
3.  A farm permit shall be issued only if:   
 
 
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a. the applicant can prove that such applicant resides or 
works on a farm by submitting the signed affida vit of 
either a parent or guardian st ating that the applicant 
lives on a farm, 
b. the applicant has successfully completed the 
examination requirements in Section 6-110 of this 
title.  The written examination for a farm permit may 
be waived by Service Oklahoma upon verification that 
the person has successfully completed dr iver 
education, and 
c. the applicant does not live on a farm but works on a 
farm and the applicant submits the signed affidav it of 
the applicant's employer and parent or guardian 
attesting to such employment. 
4.  Any licensee issued a farm permit under this subsection: 
a. who is less than sixteen (16) years of age shall not 
operate any motor vehicle with nonsibling mino r 
passengers, 
b. who is at least sixteen (16) years of age, for a 
period of six (6) months after reaching sixteen (1 6) 
years of age, shall not operate any motor vehicle with 
more than one passenger who is less than eighteen (18) 
years of age and who is not a member of the licensee's 
immediate family, or   
 
 
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c. who is at least fourteen (14) years of age, but less 
than sixteen (16) years of age, shall not operate any 
motor vehicle on interstate or turnpike high way 
systems, nor shall a licensee operate a motor vehicle 
within the limits of a city with a population in 
excess of one hundred thousand (100,000) persons 
according to the latest Federal Decennial Census. 
Any conviction for vi olating this paragraph shall be construe d as a 
moving traffic violation.  Service Oklahoma may, in its discretion, 
suspend the permit of an individual f or violation of this paragraph. 
5.  Any licensee issued a farm permit under this subsection 
shall not operate a wireless communication device wh ile driving a 
motor vehicle, except that a licensee may operate a wireless 
communication device while driving a motor vehicle to report illegal 
activity or to summon medical or other emergency help. 
6.  As used in this subsection, "farm" means any parcel of land 
for which the owner has an agricultural exemption permit issued by 
the Oklahoma Tax Commission . 
7. a. A farm permit issued under this subsection is subject 
to suspension or revocation in the same manner as any 
other driver license. 
b. A farm permit may be suspended in accordance with 
Section 6-113 of this title for any violation of 
restrictions under this subsection.   
 
 
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c. Service Oklahoma shall suspend the farm permit upon 
receiving satisfactory evidence that the licensee has 
been involved in two or mo re accidents chargeable to 
the licensee and such sus pended license shall not be 
reinstated for one (1) year . 
8.  Any licensee issued a farm permit under this subsection 
shall provide, prior to reaching sixteen (16) y ears of age, a signed 
affidavit of either a parent or guardian stating that the applicant 
has completed at least fifty (50) hours of adu lt-supervised driving 
with at least ten (10) of those hours being at night.  The adult-
supervised driving required by th is paragraph shall be conducted by 
an adult who is at least twenty-one (21) years of age and is the 
holder of a valid commercial driver l icense, Class A, B, C, or D 
driver license.  Evidence of failure of any licensee who was 
required to complete the fifty (50) hours of adult-supervised 
driving under this subsection shall not be admissible in any action 
for the purpose of determining any aspect of c omparative negligence 
or mitigation of damages. 
9.  Any licensee issued a farm permit under this subsection wh o: 
a. is under sixteen (16) years of age and is convicted of 
two or more moving traffic viol ations committed on 
separate occasions shall not be eligible to receive a 
driver license which is not restricted, in accordance 
with the provisions of subparagraph a of paragraph 2   
 
 
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of this subsection, unt il the person reaches seventeen 
(17) years of age, 
b. is at least sixteen (16) years of age but less th an 
seventeen (17) years of age and is convicted of two or 
more moving traffic violations committed on separate 
occasions shall not be eligible to receive a driver 
license which is not restricted, in accord ance with 
the provisions of subparagraph b of parag raph 2 of 
this subsection, until the person reaches eighteen 
(18) years of age, or 
c. fails to provide the affida vit required under 
paragraph 8 of this s ubsection shall not be eligible 
to receive a driver license which is not restricted, 
in accordance with the provisions of subparagraph a of 
paragraph 2 of this subsection, until the person 
provides such affidavit to Service Oklahoma or the 
person reaches seventeen (17) years of age, whichever 
occurs first. 
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   
 
 
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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 shall 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 3.     AMENDATORY     47 O.S. 2021, Section 6 -105.2, as 
amended by Section 43, C hapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, 
Section 6-105.2), is amended to read as follows: 
Section 6-105.2 Service Oklahoma may issue an instructor permit 
to any qualified secondary school driver educati on instructor as 
defined by the State Board of Education Rules a nd Regulations for 
Oklahoma High School Driver and Traffic Safety Education or any 
driver education instructor, certified by Service Oklahoma, of a 
parochial, private, or other nonpublic secondary school upo n a 
proper application to the State Board of Education or the Department 
of Public Safety in the case of second ary schools that are not 
regulated by the State Board of Education or a commercial driver 
training course instructor, as provided for in Sections 801 through 
808 of this title.  Service Oklahoma shall promulgate rules fo r the 
issuance of the permits. Any instructor as defined in this 
subsection who has been issued a permit may instruct any person who 
is at least:   
 
 
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1.  fifteen and one-half (15 1/2) years of age or who is at 
least; 
2.  fifteen (15) years of age and of secondary schoo l or higher 
educational standing while regularly enrolled and certified by the 
instructor as a student taking a prescribed course of secondary 
school driver education or a driver education course, certified by 
Service Oklahoma, from a parochial, private, or other nonpublic 
secondary school or a commercial driver training course, as defined 
by Sections 801 through 808 of this title, to operate a motor 
vehicle while accompanied by and receiving instruction from the 
instructor who is actually occupying a seat beside the driver; or 
3.  thirteen and one-half (13 1/2) years of age and either 
resides upon a farm in this state or is e mployed for compensation 
upon a farm in this state.  For purposes of this section, the term 
"farm" means any parcel of land for which the owner has an 
agricultural exemption permit issued by the Oklahoma T ax Commission. 
SECTION 4.     AMENDATORY     47 O.S. 2021, Section 801, is 
amended to read as follows: 
Section 801. As used in Section 801 et seq. of this title: 
(A)  "Commercial driver training school " or "school" means a 
business enterprise conducted by an individual, association, 
partnership, or corporation, for the education and training of 
persons, either practically or theoretically, or both, to operate or 
drive motor vehicles and/or to prepare an applicant for an   
 
 
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examination given by the state for a driver license including a 
restricted Class D license for persons fifteen and one -half (15 1/2) 
years old and a farm permit for person s thirteen and one-half (13 
1/2) years of age as defined in Section 6 -105 of this title, and 
charging a consideration or tuition for such services. 
(B)  "Instructor" means any person, whether acting for himself 
as operator of a commercial driver traini ng school or for any such 
school for compensation, who teaches, conducts classes of , gives 
demonstrations to, or supervises practice of persons learning to 
operate or drive motor vehicles or preparing to take an examination 
for a driver license including a restricted Class D license for 
persons fifteen and one-half (15 1/2) years old of age and a farm 
permit for persons thirteen and one-half (13 1/2) years of age as 
defined in Section 6 -105 of this title, and any person who 
supervises the work of any other such instructor. 
(C)  "Commissioner" means the Commissioner of Public Safety. 
SECTION 5.  This act shall become effective November 1, 2024. 
 
59-2-8960 JBH 01/09/24