SB947 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 HOUSE OF REPRESENTATIVES - FLOOR VERSION STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) ENGROSSED SENATE BILL NO. 947 By: Jech of the Senate and Newton of the House An Act relating to teenage driver, work zone, and first responder safety; amending 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), which relates to gradu ated Class D licenses; adding requirement for receiving certain license; 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 -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 f ollows: 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: SB947 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. 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, SB947 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 pu blic 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 lear ner 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 SB947 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Department of Transportation on teenage driver, work zone, and first responder safety offered by the Department of Transportation , Service Oklahoma, or a n approved provider of driver education as defined in this section, may be issued an intermediate Class D license upon successfully passing all parts of the driver license examinations administered b y 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 SB947 HFLR Page 5 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 convi ction 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 spec ified 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 lic ense 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 resid ent, and is operating a SB947 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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 SB947 HFLR Page 7 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 th at 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 o r an unrestricted license. SB947 HFLR Page 8 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 dr iving examination, 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 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 SB947 HFLR Page 9 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 c ertified state-approved motorcycle basic rider course approved by the Department and Service Oklahoma. I. Service Oklahoma may in its discretion issue a sp ecial permit to any person who has attained the age of fourteen (14) years, authorizing such person to operate farm vehicles between the farm and the market to haul commodities grown on the farm; provided, that the special permit shall be temporary and sha ll expire not more than thirty (30) days after the issuance of the special permit. Special permits shall be issued only to farm 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 pe rson 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: SB947 HFLR Page 10 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. “Hand-held electronic device” means a mobile teleph one 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 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 unde r the influence of alcohol or other intoxicating substance while driving. SECTION 2. This act shall become effective November 1, 2023. COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/11/2023 - DO PASS.