OK
Oklahoma Senate Bill SB947

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB947 Compare Versions

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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
30-
31-STATE OF OKLAHOMA
32-
33-1st Session of the 59th Legislature (2023)
3427
3528 ENGROSSED SENATE
3629 BILL NO. 947 By: Jech of the Senate
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3831 and
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4033 Newton of the House
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4538 An Act relating to teenage driver, work zone, and
4639 first responder safety; amending 47 O.S. 2021,
4740 Section 6-105, as amended by Section 42, Chapter 282,
4841 O.S.L. 2022 (47 O.S. Supp. 2022, Section 6 -105),
4942 which relates to gradu ated Class D licenses; adding
5043 requirement for receiving certain license; and
5144 providing an effective date .
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5750 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5851 SECTION 1. AMENDATORY 47 O.S. 2021, Section 6 -105, as
5952 amended by Section 42, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
6053 Section 6-105), is amended to read as follows:
6154 Section 6-105. A. Unless a legal custodial parent or legal
6255 guardian has filed an objection to licensure pursuant to Section 6-
6356 103.1 of this title, any person under eighteen (18) years of age who
6457 is in compliance with or not subject to Secti on 6-107.3 of this
6558 title may be permitted to operate:
59+1. A Class D motor vehicle under the graduated driver license
60+provisions prescribed in subsections B through E of this section;
61+2. A motorcycle under t he provisions prescribed in subsection H
62+of this section; or
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93-1. A Class D motor vehicle under the graduated driver license
94-provisions prescribed in subsections B through E of this section;
95-2. A motorcycle under t he provisions prescribed in subsection H
96-of this section; or
9789 3. A farm vehicle under the provisions prescribed in subsection
9890 I of this section.
9991 B. Any person who is at least fifteen (15) years of age may
10092 drive during a session in which the driver is bein g instructed in a
10193 driver education course, as set out in subparagraphs a, b, c, d and
10294 e of paragraph 1 of subsection C of this section, by a certified
10395 driver education instructor who is seated in the right front seat of
10496 the motor vehicle.
10597 C. Any person:
10698 1. Who is at least fifteen and one -half (15 1/2) years of age
10799 and is currently receiving instruction in or has successfully
108100 completed driver education. For purposes of this section, the term
109101 “driver education” shall mean:
110102 a. a prescribed secondary school driver education course,
111103 as provided for in Secti ons 19-113 through 19-121 of
112104 Title 70 of the Oklahoma Statutes,
113105 b. a driver education course, certified by the Department
114106 of Public Safety, from a parochial, private, or other
115107 nonpublic secondary school,
108+c. a commercial driver training course, as defined by
109+Sections 801 through 808 of this title,
110+d. a parent-taught driver education course, certified by
111+the Department of Public Safety. The Department shall
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143-c. a commercial driver training course, as defined by
144-Sections 801 through 808 of this title,
145-d. a parent-taught driver education course, certified by
146-the Department of Public Safety. The Department shall
147138 promulgate rules for any parent-taught driver
148139 education course, or
149140 e. a driver education course certified by a state other
150141 than Oklahoma; or
151142 2. Who is at least sixteen (16) years of age,
152143 may, upon successfully passing all parts of the driver license
153144 examination administered by Service Oklahoma, or an approved written
154145 examination proctor, except the driving examination, be issue d a
155146 learner permit which will grant the permittee the privilege to
156147 operate a Class D motor vehicle upon the pu blic highways only
157148 between the hours of 5:00 a.m. and 10:00 p.m. and while acc ompanied
158149 by a licensed driver who is at least twenty-one (21) years of age
159150 and who is actually occupying a seat beside the permittee; provided,
160151 the written examination for a lear ner permit may be waived by
161152 Service Oklahoma upon verification that the person has successfully
162153 completed driver educat ion.
163154 D. 1. Any person:
164155 a. who has applied for, been issued, and has possessed a
165156 learner permit for a minimum of six (6) months, and
157+b. whose custodial legal parent or legal guardian
158+certifies to Service Oklahoma by sworn affidavit that
159+the person has received a minimum of fifty (50) hours
160+of actual behind-the-wheel training, of which at least
161+ten (10) hours of such training was at night, from a
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193-b. whose custodial legal parent or legal guardian
194-certifies to Service Oklahoma by sworn affidavit that
195-the person has received a minimum of fifty (50) hours
196-of actual behind-the-wheel training, of which at least
197-ten (10) hours of such training was at night, from a
198188 licensed driver who was at least twenty -one (21) years
199189 of age and who was properly licensed to operate a
200190 Class D motor vehicle for a minimum of two (2) years,
201191 and
202192 c. who has completed a free course approved by the
203193 Department of Transportation on teenage driver, work
204194 zone, and first responder safety offered by the
205195 Department of Transportation , Service Oklahoma, or a n
206196 approved provider of drive r education as defined in
207197 this section,
208198 may be issued an intermediate Class D license upon successfully
209199 passing all parts of the driver license examinations administered b y
210200 Service Oklahoma; provided, the written examination, if it has not
211201 previously been administered or waived, may be waived by Service
212202 Oklahoma upon verification that the person has successfully
213203 completed driver education or the drivi ng examination may be waived
214204 by Service Oklahoma upon successful passage of the examination
215205 administered by a certified designated examiner, as provided for in
216206 Section 6-110 of this title. However, notwithstanding the date of
207+issuance of the learner permit, if the person has been convicted of
208+a traffic offense which is reported on the driving record of that
209+person, the time period specified in subparagraph a of this
210+paragraph shall be recalculated to begin from the date of convi ction
211+for the traffic offense, and must elapse before that person may be
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244-issuance of the learner permit, if the person has been convicted of
245-a traffic offense which is reported on the driving record of that
246-person, the time period specified in subparagraph a of this
247-paragraph shall be recalculated to begin from the date of convi ction
248-for the traffic offense, and must elapse before that person may be
249238 issued an intermediate Class D license. If the person has been
250239 convicted of more than one traffic offense which is reported on the
251240 driving record of that person, the time period spec ified in
252241 subparagraph a of this paragraph shall be recalculated to begin from
253242 the most recent date of conviction, and must elapse before that
254243 person may be issued an intermediate Class D license.
255244 2. A person who has been issued an intermediate Class D lic ense
256245 under the provisions of this subsection:
257246 a. shall be granted the privilege to operate a Class D
258247 motor vehicle upon the public highways:
259248 (1) only between the hours of 5:00 a.m. and 10:00
260249 p.m., except for driving to and from work,
261250 school, school activities, and church activiti es,
262251 or
263252 (2) at any time, if a licensed driver who is at least
264253 twenty-one (21) years of age is actually
265254 occupying a seat beside the intermediate Class D
266255 licensee, or if the intermediate Class D licensee
267256 is a farm or ranch resid ent, and is operating a
257+motor vehicle while engaged in farming or
258+ranching operations outside the limits of a
259+municipality, or driving to and from work,
260+school, school activities, or church activiti es,
261+and
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295-motor vehicle while engaged in farming or
296-ranching operations outside the limits of a
297-municipality, or driving to and from work,
298-school, school activities, or church activiti es,
299-and
300288 b. shall not operate a motor vehicle with more tha n one
301289 passenger unless:
302290 (1) all passengers live in the same household as the
303291 custodial legal parent or legal guardian, or
304292 (2) a licensed driver at least twenty-one (21) years
305293 of age is actually occu pying a seat beside the
306294 intermediate Class D licensee.
307295 E. Any person who has been issued an intermediate Class D
308296 license for a minimum of:
309297 1. One (1) year; or
310298 2. Six (6) months, if the person has completed both the driver
311299 education and the parent-certified behind-the-wheel training
312300 provisions of subparagraph b of paragraph 1 of subsection D of this
313301 section,
314302 may be issued a Class D license. However, notwithstanding the date
315303 of issuance of the Class D license, if the person has been convicted
316304 of a traffic offense which is reported on the driving record of that
317305 person, the time periods specifi ed in paragraph 1 or 2 of this
318306 subsection, as applicable, shall be recalculated to begin from the
307+date of conviction for the traffic offense, and must elapse before
308+that person may be issued a Class D license. If the person has been
309+convicted of more than one traffic offense which is reported on the
310+driving record of that person, the time periods specified in
311+paragraph 1 or 2 of this subsection, as applicable, shall be
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346-date of conviction for the traffic offense, and must elapse before
347-that person may be issued a Class D license. If the person has been
348-convicted of more than one traffic offense which is reported on the
349-driving record of that person, the time periods specified in
350-paragraph 1 or 2 of this subsection, as applicable, shall be
351338 recalculated to begin from the most recent date of convic tion, and
352339 must elapse before th at person may be issued a Class D license.
353340 F. Learner permits and intermediate Class D licenses shall be
354341 issued for the same period as all other driver licenses . The
355342 licenses may be suspended or canceled at the discretion o f the
356343 Department for violation of restrictions, for failing to give the
357344 required or correct information on the application, for knowingly
358345 giving false or inaccurate information on the application or any
359346 subsequent documentation related to the granting of d riving
360347 privileges, for using a hand-held electronic device while operating
361348 a motor vehicle for non-life-threatening emergency purposes or for
362349 violation of any traffic laws of this state pertaining t o the
363350 operation of a motor vehicle.
364351 G. Service Oklahoma shall promulgate rules establishing
365352 procedures for removal of learner permit and intermediate Class D
366353 license restrictions from the permit or license upon the permittee
367354 or licensee qualifying for a less restricted o r an unrestricted
368355 license.
356+H. Any person fourteen (14) years of age or older may apply for
357+a restricted Class D license with a motorcycle-only restriction.
358+After the person has successfully passed all parts of the motorcycle
359+examination other than the dr iving examination, has successfully
360+completed a certified state-approved motorcycle basic rider course
361+approved by the Department of Public Safety, in conjunction with
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396-H. Any person fourteen (14) years of age or older may apply for
397-a restricted Class D license with a motorcycle-only restriction.
398-After the person has successfully passed all parts of the motorcycle
399-examination other than the dr iving examination, has successfully
400-completed a certified state-approved motorcycle basic rider course
401-approved by the Department of Public Safety, in conjunction with
402388 Service Oklahoma, and has met all requirements provided for in the
403389 rules of the Department and Service Oklahoma, Service Oklahoma shall
404390 issue to the person a r estricted Class D license with a motorcycle-
405391 only restriction which shall grant to the person, while having the
406392 license in the person’s immediate possession, the privilege to
407393 operate a motorcycle or motor-driven cycle:
408394 1. With a piston displacement not to exceed three hundred (300)
409395 cubic centimeters;
410396 2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
411397 3. While wearing approved protective headgear; and
412398 4. While accompanied by and re ceiving instruction from any
413399 person who is at least twenty-one (21) years of age and who is
414400 properly licensed pursuant to the laws of this state to operate a
415401 motorcycle or motor-driven cycle, and who has visual contact with
416402 the restricted licensee.
417403 The restricted licensee may apply on or after thirty (30) days
418404 from date of issuance of the restricted Class D license with a
419405 motorcycle-only restriction to have the restriction of being
406+accompanied by a licensed driver removed by successfully completing
407+the driving portion of an examination.
408+The written examination and driving examin ation for a restricted
409+Class D license with a motorcycle-only endorsement shall be waived
410+by Service Oklahoma upon verification that the person has
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447-accompanied by a licensed driver removed by successfully completing
448-the driving portion of an examination.
449-The written examination and driving examin ation for a restricted
450-Class D license with a motorcycle-only endorsement shall be waived
451-by Service Oklahoma upon verification that the person has
452437 successfully completed a c ertified state-approved motorcycle basic
453438 rider course approved by the Department and Service Oklahoma.
454439 I. Service Oklahoma may in its discretion issue a sp ecial
455440 permit to any person who has attained the age of fourteen (14)
456441 years, authorizing such person to operate farm vehicles between the
457442 farm and the market to haul commodities grown on the farm; provided,
458443 that the special permit shall be temporary and sha ll expire not more
459444 than thirty (30) days after the issuance of the special permit.
460445 Special permits shall be issued only to farm residents and shall be
461446 issued only during the time of the harvest of the principal crops
462447 grown on such farm. Provided, however, Service Oklahoma shall not
463448 issue a special permit pursuant to this subsection until Service
464449 Oklahoma is fully satisfied after the examination of the application
465450 and other evidence furnished in support thereof, that the pe rson is
466451 physically and mentally developed to such a degree that the
467452 operation of a motor vehicle by the person would not be inimi cal to
468453 public safety.
469454 J. As used in this section:
455+1. “Hand-held electronic device” means a mobile teleph one or
456+electronic device with which a user engages in a telephone call,
457+plays or stores media, including but not limited to music and video,
458+or sends or reads a text message while requiring the use of at least
459+one hand; and
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497-1. “Hand-held electronic device” means a mobile teleph one or
498-electronic device with which a user engages in a telephone call,
499-plays or stores media, including but not limited to music and video,
500-or sends or reads a text message while requiring the use of at least
501-one hand; and
502486 2. “Using a hand-held electronic device” means engaging any
503487 function on an electronic device.
504488 K. All driver education courses provided for in paragraph 1 of
505489 subsection C of this section sha ll include education regarding the
506490 dangers of texting while driving and the effects of being unde r the
507491 influence of alcohol or other intoxicating substance while driving.
508492 SECTION 2. This act shall become effective November 1, 2023.
493+Passed the Senate the 21st day of March, 2023.
509494
510-COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/11/2023 -
511-DO PASS.
495+
496+
497+ Presiding Officer of the Senate
498+
499+
500+Passed the House of Representatives the ____ day of __________,
501+2023.
502+
503+
504+
505+ Presiding Officer of the House
506+ of Representatives
507+