1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1619 By: Seifried
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6 AS INTRODUCED
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7 An Act relating to driver licenses; amending 47 O.S.
7 2021, Section 6-110, as last amended by Section 15,
8 Chapter 310, O.S.L. 2023 (47 O.S. Supp. 2023, Section
8 6-110), which relates to applicant examinations;
9 allowing Service Oklahoma to enter into certain
9 agreements with commercial driving schools; amending
10 47 O.S. 2021, Section 6-206.1, which relates to
10 driver improvement; removing certain instructor
11 educational requirement; updating statutory language;
11 and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 47 O.S. 2021, Section 6-110, as
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16 last amended by Section 15, Chapter 310, O.S.L. 2023 (47 O.S. Supp.
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17 2023, Section 6-110), is amended to read as follows:
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18 Section 6-110. A. 1. Service Oklahoma shall establish
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19 procedures to ensure every applicant for an original Class A, B, C
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20 or D license and for any endorsements thereon is examined by Service
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21 Oklahoma, or an approved written examination proctor, except as
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22 otherwise provided in Section 6-101 et seq. of this title or as
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23 provided in paragraph 2 of this subsection or in subsections D and E
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24 of this section. Service Oklahoma is authorized to approve and
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 1 enter into agreements with local school districts, the Oklahoma
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2 Department of Career and Technology Education, or institutions of
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3 higher education, or commercial driving schools to act as approved
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4 written examination proctors with regard to any written examination
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5 required by this section. The examination shall include a test of
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6 the applicant’s:
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7 a. eyesight,
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8 b. ability to read and understand highway signs
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9 regulating, warning and directing traffic,
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10 c. knowledge of the traffic laws of this state including
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11 a portion on bicycle and motorcycle safety, and
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12 d. ability, by actual demonstration, to exercise ordinary
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13 and reasonable control in the operation of a motor
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14 vehicle. The actual demonstration shall be conducted
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15 in the type of motor vehicle for the class of driver
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16 license being applied for.
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17 The Department of Public Safety, in conjunction with Service
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18 Oklahoma, may create a knowledge test that may be taken on the
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19 Internet by an applicant applying for a Class D license.
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20 Any licensee seeking to apply for a driver license of another class
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21 which is not covered by the licensee’s current driver license shall
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22 be considered an applicant for an original license for that class.
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23 2. Service Oklahoma shall have the authority to waive the
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24 requirement of any part of the examination required in paragraph 1
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 1 of this subsection for those applicants whose driving record meets
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2 the standards set by the Department of Public Safety and surrender
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3 either of the following:
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4 a. a valid unexpired driver license issued by any state
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5 or country for the same type or types of vehicles, or
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6 b. an expired driver license that:
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7 (1) is not expired more than six (6) months past the
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8 expiration date listed on the driver license, and
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9 (2) is not a Class A, B or C commercial driver
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10 license or commercial driver license permit.
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11 3. Service Oklahoma shall accept skills test results from
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12 another state for Class A, B or C license applicants who have
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13 successfully completed commercial motor vehicle driver training in
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14 that state and successfully passed the skills test in that state;
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15 provided, Service Oklahoma shall not accept skills test results from
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16 another state when the applicant has not successfully completed
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17 commercial motor vehicle driver training in that state. Nothing in
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18 this section shall be construed to prohibit Service Oklahoma from
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19 administering the skills test to any applicant who has successfully
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20 completed commercial vehicle driver training in another state.
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21 4. All applicants requiring a hazardous materials endorsement
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22 shall be required, for the renewal of the endorsement, to
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23 successfully complete the examination and to submit to a security
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24 threat assessment performed by the Transportation Security
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 1 Administration of the Department of Homeland Security as required by
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2 and pursuant to 49 C.F.R., Part 1572, which shall be used to
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3 determine whether the applicant is eligible for renewal of the
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4 endorsement pursuant to federal law and regulation.
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5 5. Service Oklahoma, or an approved written examination
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6 proctor, shall give the complete examination as provided for in this
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7 section within thirty (30) days from the date the application is
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8 received, and the examination shall be given at a location within
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9 one hundred (100) miles of the residence of the applicant. Service
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10 Oklahoma shall make every effort to make the examination locations
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11 and times convenient for applicants. Service Oklahoma shall
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12 consider giving the examination at various school sites if the
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13 district board of education for the district in which the site is
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14 located agrees and if economically feasible and practicable.
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15 B. Any person holding a valid Oklahoma Class D license or
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16 provisional driver license pursuant to Section 6-212 of this title
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17 and applying for a Class A, B or C commercial license shall be
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18 required to successfully complete all examinations as required for
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19 the specified class. Failure to submit to Service Oklahoma
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20 federally required medical certification information pursuant to 49
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21 C.F.R., Part 391.41 et seq. shall result in an automatic downgrade
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22 of a commercial license to a Class D license. Provided, however,
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23 once the required medical certification information has been
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24 received by Service Oklahoma, the license shall be reinstated to the
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 1 classification of the commercial license prior to the downgrade and
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2 the holder of such a license shall not be required to reapply.
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3 C. Except as provided in subsection E of Section 6-101 of this
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4 title, any person holding a valid Oklahoma Class A, B or C
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5 commercial license shall, upon time for renewal thereof, be entitled
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6 to a Class D license without any type of testing or examination,
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7 except for any endorsements thereon as otherwise provided for by
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8 Section 6-110.1 of this title.
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9 D. 1. Any certified driver education instructor who is
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10 currently an operator or an employee of a commercial driver training
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11 school in this state or any driver education instructor employed by
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12 any school district in this state shall be eligible to apply to be a
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13 designated examiner of Service Oklahoma for the purposes of
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14 administering the Class D driving skills portion of the Oklahoma
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15 driving examination to any person who has been issued a learner
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16 permit.
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17 2. The Department of Public Safety, in conjunction with Service
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18 Oklahoma, shall adopt a curriculum of required courses and training
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19 to be offered to applicants who are qualified to apply to be a
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20 designated examiner. The courses and training for certification
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21 shall meet the same standards as required for driver examiners of
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22 Service Oklahoma.
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23 3. Each person applying to be a designated examiner shall be
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24 required to pay an initial designated examiner certification fee of
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 1 One Thousand Dollars ($1,000.00). Upon successful completion of
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2 training prescribed by paragraph 2 of this subsection, the person
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3 shall be required to pay an annual designated examiner certification
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4 fee of Five Hundred Dollars ($500.00). If an applicant for the
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5 designated examiner program is employed by an Oklahoma public school
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6 system that offers driver education, and he or she administers the
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7 skills test only to students enrolled in a public school driver
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8 education program, the certification fee may be waived by Service
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9 Oklahoma. Each designated examiner certification shall expire on
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10 the last day of the calendar year and may be renewed upon
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11 application to Service Oklahoma. The designated examiner
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12 certification fees collected by Service Oklahoma pursuant to this
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13 subsection shall be deposited to the credit of the Department of
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14 Public Safety Restricted Revolving Fund to be used for the purposes
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15 of this subsection, through October 31, 2022. Beginning November 1,
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16 2022, the designated examiner certification fees collected by
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17 Service Oklahoma pursuant to this subsection shall be deposited to
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18 the credit of the Service Oklahoma Revolving Fund. No designated
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19 examiner certification fee shall be refunded in the event that
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20 certification is denied, suspended or revoked.
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21 4. A designated examiner may charge a fee for each Class D
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22 driving skills examination given, whether the person being examined
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23 passes or fails the examination.
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 1 5. Service Oklahoma shall require each designated examiner and
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2 driver education instructor applicant to submit to an electronic
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3 national criminal history record check pursuant to Section 150.9 of
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4 Title 74 of the Oklahoma Statutes. The fees for the record check
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5 shall be borne by the designated examiner, designated examiner
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6 applicant, driver education instructor, or driver education
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7 instructor applicant.
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8 6. The Department of Public Safety, in conjunction with Service
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9 Oklahoma, shall promulgate rules to implement and administer the
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10 provisions of this subsection.
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11 E. 1. Upon application and approval of Service Oklahoma, any
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12 public or private commercial truck driving school that has or
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13 maintains a program instructing students for a Class A, B or C
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14 license, public transit agency or state, county or municipal
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15 government agency in this state shall be authorized to hire or
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16 employ designated examiners approved by Service Oklahoma to be
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17 third-party examiners of the Class A, B or C driving skills portion
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18 of the Oklahoma driving examination. All designated examiners must
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19 successfully have completed the courses and training as outlined in
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20 paragraph 2 of this subsection. Service Oklahoma shall be required
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21 to approve at least one public transit agency that has or maintains
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22 a program instructing students for a Class A, B or C license to hire
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23 or employ third-party examiners pursuant to this section. It shall
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24 be permissible for any public transit agency operating in the State
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 1 of Oklahoma this state to utilize the third-party examiners hired or
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2 employed by a public transit agency approved by Service Oklahoma.
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3 2. The Department of Public Safety, in conjunction with Service
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4 Oklahoma, shall adopt a curriculum of required courses and training
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5 to be offered to third-party examiners. The courses and training
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6 for certification shall meet the same standards as required for
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7 commercial driver examiners of Service Oklahoma.
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8 3. Service Oklahoma shall require each third-party examiner
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9 applicant and commercial school driver education instructor
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10 applicant to submit to an electronic national criminal history
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11 record check pursuant to Section 150.9 of Title 74 of the Oklahoma
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12 Statutes. On or before December 1, 2022, Service Oklahoma shall
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13 require each third-party examiner or commercial school driver
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14 education instructor to submit to an electronic national criminal
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15 history record check pursuant to Section 150.9 of Title 74 of the
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16 Oklahoma Statutes. The fees for the background check shall be borne
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17 by the third-party examiner, third-party examiner applicant,
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18 commercial school driver education instructor or commercial school
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19 driver education instructor applicant.
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20 F. Service Oklahoma shall promulgate rules to:
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21 1. Implement and administer the provisions of this section
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22 based on requirements set forth in Section 383.75 of Title 49 of the
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23 Code of Federal Regulations;
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 1 2. Establish a process to inform any school, public transit
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2 agency, examiner, or state, county or municipal government agency,
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3 who has been denied, within forty-five (45) days from the denial;
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4 3. Create an appeal process for any school, public transit
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5 agency, examiner, or state, county or municipal government agency
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6 denied; and
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7 4. If the initial application for approval was denied, limit
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8 the number of times an individual school, public transit agency,
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9 individual examiner applicant, or state, county or municipal
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10 government agency may reapply in a calendar year to two
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11 reapplications.
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12 SECTION 2. AMENDATORY 47 O.S. 2021, Section 6-206.1, is
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13 amended to read as follows:
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14 Section 6-206.1. A. Driver A driver improvement or defensive
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15 driving course is a course which offers an educational setting, and
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16 provides for driving concepts which encourage attitude or behavioral
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17 changes in the responsibility of operating a motor vehicle in a safe
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18 and responsible manner.
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19 B. It shall be the responsibility of the institution or
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20 organization to provide:
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21 1. Adequate facilities which meet or exceed state and local
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22 fire, health and safety codes;
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23 2. Adequate equipment, in good working order, and instructional
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24 materials for such courses;
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 1 3. Qualified instructors who shall:
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2 a. possess an undergraduate degree and have nine (9)
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3 college or university credit hours in traffic safety
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4 education, or is be a peace officer certified by the
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5 Council on Law Enforcement Education and Training
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6 (CLEET),
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7 b. have no alcohol or drug-related convictions or
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8 revocations in the past five (5) years,
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9 c. have no more than five (5) points accumulated on the
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10 driving record in the past three (3) years in
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11 accordance with the Oklahoma Mandatory Point System,
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12 d. have a valid Oklahoma driver license, and
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13 e. complete a course of training through the approved
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14 organization or institution;
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15 4. A course of study designed to inform the participant of
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16 driver improvement and defensive driving concepts while encouraging
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17 attitude or behavioral changes in the responsibility of operating a
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18 motor vehicle in a safe and responsible manner. The curriculum,
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19 which means the complete lesson plans which include instructional
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20 strategy, presentation methods and resources utilized to incorporate
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21 the concepts of traffic safety, must provide for but not be limited
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22 to the following:
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23 a. driver personality traits - be