1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1766 By: Hall
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5 AS INTRODUCED
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6 An Act relating to commercial driver training
6 schools; amending 47 O.S. 2021, Section 6-105, as
7 last amended by Section 1, Chapter 55, O.S.L. 2023
7 (47 O.S. Supp. 2023, Section 6-105), which relates to
8 learner permits; changing certain age requirement;
8 amending 47 O.S. 2021, Section 6-105.2, as amended by
9 Section 43, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
9 2023, Section 6-105.2), which relates to instructor
10 permits; adding reference to certain permit; amending
10 47 O.S. 2021, Section 6-110, as last amended by
11 Section 1, Chapter 82, O.S.L. 2023 (47 O.S. Supp.
11 2023, Section 6-110), which relates to driver
12 education examinations; adding examples of certain
12 third parties; adding eligibility for driver
13 education for certain persons; directing publication
13 of dates for certain courses; authorizing additional
14 trainings; requiring certain disclosure; amending 47
14 O.S. 2021, Section 801, which relates to definitions;
15 adding reference to certain permit; making language
15 gender neutral; amending 47 O.S. 2021, Section 803,
16 as amended by Section 27, Chapter 310, O.S.L. 2023
16 (47 O.S. Supp. 2023, Section 803), which relates to
17 commercial driver training schools; directing the
17 acceptance of electronic signature on certain
18 documents; adding reference to certain permit;
18 amending 47 O.S. 2021, Section 805, as amended by
19 Section 29, Chapter 310, O.S.L. 2023 (47 O.S. Supp.
19 2023, Section 805), which relates to licensure of
20 commercial driver training schools; creating certain
20 four-year licenses; setting fees for certain
21 licenses; updating statutory references; updating
21 statutory language; and providing an effective date.
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22
23
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24 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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Req. No. 2831 Page 1
 1 SECTION 1. AMENDATORY 47 O.S. 2021, Section 6-105, as
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2 last amended by Section 1, Chapter 55, O.S.L. 2023 (47 O.S. Supp.
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3 2023, Section 6-105), is amended to read as follows:
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4 Section 6-105. A. Unless a legal custodial parent or legal
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5 guardian has filed an objection to licensure pursuant to Section 6-
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6 103.1 of this title, any person under eighteen (18) years of age who
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7 is in compliance with or not subject to Section 6-107.3 of this
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8 title may be permitted to operate:
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9 1. A Class D motor vehicle under the graduated driver license
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10 provisions prescribed in subsections B through E of this section;
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11 2. A motorcycle under the provisions prescribed in subsection H
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12 of this section; or
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13 3. A farm vehicle under the provisions prescribed in subsection
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14 I of this section.
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15 B. Any person who is at least fifteen (15) fourteen (14) years
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16 of age may drive during a session in which the driver is being
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17 instructed in a driver education course, as set out in subparagraphs
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18 a, b, c, d and e of paragraph 1 of subsection C of this section, by
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19 a certified driver education instructor who is seated in the right
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20 front seat of the motor vehicle.
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21 C. Any person:
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22 1. Who is at least fifteen and one-half (15 1/2) years of age
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23 and is currently receiving instruction in or has successfully
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 1 completed driver education. For purposes of this section, the term
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2 “driver education” shall mean:
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3 a. a prescribed secondary school driver education course,
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4 as provided for in Sections 19-113 through 19-121 19-
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5 123 of Title 70 of the Oklahoma Statutes,
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6 b. a driver education course, certified by the Department
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7 of Public Safety, from a parochial, private, or other
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8 nonpublic secondary school,
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9 c. a commercial driver training course, as defined by
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10 Sections 801 through 808 of this title,
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11 d. a parent-taught driver education course, certified by
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12 the Department of Public Safety. The Department shall
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13 promulgate rules for any parent-taught driver
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14 education course, or
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15 e. a driver education course certified by a state other
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16 than Oklahoma; or
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17 2. Who is at least sixteen (16) years of age,
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18 may, upon successfully passing all parts of the driver license
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19 examination administered by Service Oklahoma, or an approved written
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20 examination proctor, except the driving examination, be issued a
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21 learner permit which will grant the permittee the privilege to
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22 operate a Class D motor vehicle upon the public highways only
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23 between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied
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24 by a licensed driver who is at least twenty-one (21) years of age
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 1 and who is actually occupying a seat beside the permittee; provided,
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2 the written examination for a learner permit may be waived by
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3 Service Oklahoma upon verification that the person has successfully
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4 completed driver education.
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5 D. 1. Any person:
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6 a. who has applied for, been issued, and has possessed a
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7 learner permit for a minimum of six (6) months,
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8 b. whose custodial legal parent or legal guardian
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9 certifies to Service Oklahoma by sworn affidavit that
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10 the person has received a minimum of fifty (50) hours
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11 of actual behind-the-wheel training, of which at least
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12 ten (10) hours of such training was were at night,
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13 from a licensed driver who was at least twenty-one
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14 (21) years of age and who was properly licensed to
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15 operate a Class D motor vehicle for a minimum of two
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16 (2) years, and
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17 c. who has completed a free course approved by the
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18 Oklahoma Department of Transportation on teen driver
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19 work zone and first responder safety,
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20 may be issued an intermediate Class D license upon successfully
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21 passing all parts of the driver license examinations administered by
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22 Service Oklahoma; provided, the written examination, if it has not
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23 previously been administered or waived, may be waived by Service
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24 Oklahoma upon verification that the person has successfully
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 1 completed driver education or the driving examination may be waived
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2 by Service Oklahoma upon successful passage of the examination
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3 administered by a certified designated examiner, as provided for in
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4 Section 6-110 of this title. However, notwithstanding the date of
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5 issuance of the learner permit, if the person has been convicted of
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6 a traffic offense which is reported on the driving record of that
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7 person, the time period specified in subparagraph a of this
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8 paragraph shall be recalculated to begin from the date of conviction
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9 for the traffic offense, and must elapse before that person may be
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10 issued an intermediate Class D license. If the person has been
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11 convicted of more than one traffic offense which is reported on the
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12 driving record of that person, the time period specified in
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13 subparagraph a of this paragraph shall be recalculated to begin from
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14 the most recent date of conviction, and must elapse before that
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15 person may be issued an intermediate Class D license.
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16 2. A person who has been issued an intermediate Class D license
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17 under the provisions of this subsection:
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18 a. shall be granted the privilege to operate a Class D
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19 motor vehicle upon the public highways:
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20 (1) only between the hours of 5:00 a.m. and 10:00
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21 p.m., except for driving to and from work,
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22 school, school activities, and church activities,
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23 or
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 1 (2) at any time, if a licensed driver who is at least
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2 twenty-one (21) years of age is actually
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3 occupying a seat beside the intermediate Class D
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4 licensee, or if the intermediate Class D licensee
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5 is a farm or ranch resident, and is operating a
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6 motor vehicle while engaged in farming or
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7 ranching operations outside the limits of a
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8 municipality, or driving to and from work,
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9 school, school activities, or church activities,
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10 and
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11 b. shall not operate a motor vehicle with more than one
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12 passenger unless:
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13 (1) all passengers live in the same household as the
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14 custodial legal parent or legal guardian, or
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15 (2) a licensed driver at least twenty-one (21) years
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16 of age is actually occupying a seat beside the
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17 intermediate Class D licensee.
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18 E. Any person who has been issued an intermediate Class D
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19 license for a minimum of:
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20 1. One (1) year; or
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21 2. Six (6) months, if the person has completed both the driver
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22 education and the parent-certified behind-the-wheel training
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23 provisions of subparagraph b of paragraph 1 of subsection D of this
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24 section,
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 1 may be issued a Class D license. However, notwithstanding the date
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2 of issuance of the Class D license, if the person has been convicted
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3 of a traffic offense which is reported on the driving record of that
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4 person, the time periods specified in paragraph 1 or 2 of this
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5 subsection, as applicable, shall be recalculated to begin from the
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6 date of conviction for the traffic offense, and must elapse before
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7 that person may be issued a Class D license. If the person has been
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8 convicted of more than one traffic offense which is reported on the
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9 driving record of that person, the time periods specified in
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10 paragraph 1 or 2 of this subsection, as applicable, shall be
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11 recalculated to begin from the most recent date of conviction, and
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12 must elapse before that person may be issued a Class D license.
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13 F. Learner permits and intermediate Class D licenses shall be
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14 issued for the same period as all other driver licenses. The
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15 licenses may be suspended or canceled at the discretion of the
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16 Department Service Oklahoma for violation of restrictions, for
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17 failing to give the required or correct information on the
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18 application, for knowingly giving false or inaccurate information on
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19 the application or any subsequent documentation related to the
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20 granting of driving privileges, for using a hand-held electronic
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21 device while operating a motor vehicle for non-life-threatening
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22 emergency purposes or for violation of any traffic laws of this
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23 state pertaining to the operation of a motor vehicle.
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 1 G. Service Oklahoma shall promulgate rules establishing
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2 procedures for removal of learner permit and intermediate Class D
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3 license restrictions from the permit or license upon the permittee
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4 or licensee qualifying for a less restricted or an unrestricted
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5 license.
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6 H. Any person fourteen (14) years of age or older may apply for
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7 a restricted Class D license with a motorcycle-only restriction.
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8 After the person has successfully passed all parts of the motorcycle
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9 examination other than the driving examination, has successfully
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10 completed a certified state-approved motorcycle basic rider course
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11 approved by the Department of Public Safety, in conjunction with
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12 Service Oklahoma, and has met all requirements provided for in the
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13 rules of the Department and Service Oklahoma, Service Oklahoma shall
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14 issue to the person a restricted Class D license with a motorcycle-
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15 only restriction which shall grant to the person, while having the
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16 license in the person’s immediate possession, the privilege to
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17 operate a motorcycle or motor-driven cycle:
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18 1. With a piston displacement not to exceed three hundred (300)
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19 cubic centimeters;
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20 2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
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21 3. While wearing approved protective headgear; and
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22 4. While accompanied by and receiving instruction from any
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23 person who is at least twenty-one (21) years of age and who is
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24 properly licensed pursuant to the laws of this state to operate a
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 1 motorcycle or motor-driven cycle, and who has visual contact with
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2 the restricted licensee.
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3 The restricted licensee may apply on or after thirty (30) days
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4 from date of issuance of the restricted Class D license with a
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5 motorcycle-only restriction to have the restriction of being
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6 accompanied by a licensed driver removed by successfully completing
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7 the driving portion of an examination.
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8 The written examination and driving examination for a restricted
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9 Class D license with a motorcycle-only endorsement shall be waived
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10 by Service Oklahoma upon verification that the person has
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11 successfully completed a certified state-approved motorcycle basic
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12 rider course approved by the Department and Service Oklahoma.
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13 I. Service Oklahoma may in its discretion issue a special
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14 permit to any person who has attained the age of fourteen (14)
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15 years, authorizing such person to operate farm vehicles between the
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16 farm and the market to haul commodities grown on the farm; provided,
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17 that the special permit shall be temporary and shall expire not more
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18 than thirty (30) days after the issuance of the special permit.
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19 Special permits shall be issued only to farm residents and shall be
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20 issued only during the time of the harvest of the principal crops
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21 grown on such farm. Provided, however, Service Oklahoma shall not
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22 issue a special permit pursuant to this subsection until Service
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23 Oklahoma is fully satisfied after the examination of the application
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24 and other evidence furnished in support thereof, that the person is
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 1 physically and mentally developed to such a degree that the
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2 operation of a motor vehicle by the person would not be inimical to
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3 public safety.
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4 J. As used in this section:
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5 1. “Hand-held electronic device” means a mobile telephone or
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6 electronic device with which a user engages in a telephone call,
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7 plays or stores media, including but not limited to music and video,
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8 or sends or reads a text message while requiring the use of at least
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9 one hand; and
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10 2. “Using a hand-held electronic device” means engaging any
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11 function on an electronic device.
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12 K. All driver education courses provided for in paragraph 1 of
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13 subsection C of this section shall include education regarding the
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14 dangers of texting while driving and the effects of being under the
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15 influence of alcohol or other intoxicating substance while driving.
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16 SECTION 2. AMENDATORY 47 O.S. 2021, Section 6-105.2, as
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17 amended by Section 43, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2023,
1