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SENATE FLOOR VERSION
April 11, 2024
AS AMENDED
ENGROSSED HOUSE
BILL NO. 3191 By: Newton and Echols of the
House
and
Jech of the Senate
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. Supp. 2023, Section
6-102), which relate to persons exempt; modifying
certain age requirement; allowing certain resident
drivers to operate a vehicle without a license if
certain conditions are met; 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;
modifying certain age requirement; allowing certain
residents to receive driver education; defining term;
deleting certain Class D license restrictions;
allowing for waiving o f certain examination; deleting
certain farm permit restriction; amending 47 O.S.
2021, Section 6-105.2, as amended by Section 43,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023, Section
6-105.2), which relates to instructor permit;
modifying certain age requirement; authorizing driver
education 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:
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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 read as follows:
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 h ome 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 t he
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 United States.
B. A resident who is at least fifteen (15) fourteen (14) 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 accom panied by a Driver License Examiner
of Service Oklahoma or by a designated examiner approved and
certified by Service Oklahoma.
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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 either resides upon a farm in this state or
is employed for compensation upon a farm in this state and the
resident:
1. Is operating a vehicle pursuant to subsection B of Section
6-105 of this title; or
2. 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.
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 Oklahoma Tax Commission;
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 Forces 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;
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4. A member of the National Guard who is on part -time National
Guard training, including National Guard military technicians; or
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 t he 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 vehic le
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 229, O.S.L. 2023 (47 O.S. Supp.
2023, Section 6-105), is amended to r ead 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 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
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3. A farm vehicle under the provisions prescribed in subsec tion
I of this section.
B. 1. Any person who is at least fifteen (15) fourteen (14)
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 t his 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 seate d in the right front se at 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 exemption
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,
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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 cour se 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 accompanied
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 successf ully
completed driver education.
D. 1. Any person:
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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 affid avit 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 l icensed 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 by
Service Oklahoma; provided, the written examinat ion, 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 reporte d 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
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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 e lapse 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)
a. 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 activities, or
(2)
b. 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
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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 o r 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, notwithst anding 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 specified in paragraph 1 or 2 of this
subsection, as applicable, shall be rec alculated 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 p erson, the time periods specified in
paragraph 1 or 2 of this subsection, as applicable, shall be
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recalculated to begin from the most recent date of conviction, and
must elapse before that person may be issued a Class D license.
F. Learner permits and int ermediate 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 informati on 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 fr om 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 Saf ety, in conjunction wit h
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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. o nly;
3. While wearing approved protective headgear; and
4. While accompanied by and receiving 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 restricti on of being
accompanied by a licensed driver removed by successfully completing
the driving portion of an examination.
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
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successfully completed a certified state -approved motorcycle basic
rider course approved by the Department and Service Oklahoma.
I. 1. Any person who is less than seventeen (17) eighteen (18)
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 possess ing 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 motor
vehicles at any time:
(1) while going to or from or in conne ction 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 at tendance; provided, that
the privilege shall only extend to those
licensees who reside on a farm and commute
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
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holder of a valid commercial driver license,
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 farm 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 authorized school
activities,
(4) while going directly to or from any religious
worship service held by 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 commercial driver license,
Class A, B, or C driver license, and who is
actually occupying a seat beside 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 approp riate motor vehicles at any time
without the restrictions required by this subsection.
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3. A farm permit shall be issued only if:
a. the applicant can prove that such applicant resides or
works on a farm by submitting the signed affi davit of
either a parent or guardian stating 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 Ok lahoma upon verificatio n that
the person has successfully completed driver
education, and
c. the applicant does not live on a farm but works on a
farm and the applicant submits the signed affidavit 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 minor
passengers, or
b. who is at least sixteen (16) years of age, for a
period of six (6) months after reaching sixteen (16)
years of age, shall not operate any motor vehicle with
more than one passenger who is less than eighteen (18)
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years of age and who is not a member of the licensee's
immediate family, or
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 highway
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 violating this paragraph shall be construed as a
moving traffic violation. Service Oklahoma may, in its discretion,
suspend the permit of an individua l for violation of this paragraph.
5. Any licensee issued a farm permit under this subsection
shall not operate a wireless communication device while driving a
motor vehicle, except that a licensee may operate a wireless
communication device while driving a motor vehicle to rep ort 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.
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b. A farm permit may be suspended in accordance with
Section 6-113 of this title for any violation of
restrictions under this subsection.
c. Service Oklahoma shall suspend the farm permit upon
receiving satisfactory evidence that the licensee has
been involved in two or more accidents chargeable to
the licensee and such suspended 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) years of age, a signed
affidavit of either a parent or guardian stating that the applicant
has completed at least fifty (50) hours of adult -supervised driving
with at least ten (10) of those hours being at night. The adult -
supervised driving required by this 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 license, Clas s 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 comp arative negligence
or mitigation of damages.
9. Any licensee issued a farm permit under this subsection who:
a. is under sixteen (16) years of age and is convicted of
two or more moving traffic violations committed on
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separate occasions shall not be eligi ble 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 reaches seventeen
(17) years of age,
b. is at least sixteen (16) years of age but less than
seventeen (17) years of ag e 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 accordance with
the provisions of subparagraph b of paragraph 2 of
this subsection, until the person reaches eighteen
(18) years of age, or
c. fails to provide the affidavit required under
paragraph 8 of this subsection shall not be eligible
to receive a driver license which is not restricted,
in accordance with the p rovisions of subparagra ph 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,
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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 shall include education regarding the
dangers of texting while driving an d 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, Chapter 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 education instructor as
defined by the State Board of Education Rules and 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 upon a
proper application to the State Board of Education or the Department
of Public Safety in the case of s econdary 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 for the
issuance of the permits. Any instructor as defined in this
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subsection who has been issued a permit may instruct any person who
is at least fifteen:
1. Fifteen and one-half (15 1/2) years of age or who is at
least fifteen (15);
2. Fourteen (14) years of age and of secondary scho ol 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 ac tually 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 employed 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 Tax 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
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persons, either practically or theoretically, or bo th, to operate or
drive motor vehicles and/or to prepare an applicant for an
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 persons thirte en 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 training 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 instruc tor.
(C) "Commissioner" means the Commissioner of Public Safety.
SECTION 5. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY
April 11, 2024 - DO PASS AS AMENDED