TITLE 595. DEPARTMENT OF PUBLIC SAFETY
CHAPTER 10. CLASS D DRIVER LICENSES AND IDENTIFICATION CARDS AND MOTOR LICENSE AGENT PROCEDURES
RULEMAKING ACTION:
Notice of proposed PERMANENT rulemaking
PROPOSED RULES:
Subchapter 3. Examination [AMENDED]
595:10-3-9. Skills Examination [AMENDED]
Subchapter 11. Certified Schools and Designated Class D Examiners [AMENDED]
595:10-11-5. Requirements for certification as a designated examiner; display of certificate; certification renewal [AMENDED]
595:10-11-6. Course of instruction for driver education instructors applying for certification as a designated examiner [AMENDED]
595:10-11-7. Examination requirements and standards [AMENDED]
595:10-11-8. Reexamination upon failure of examination [AMENDED]
595:10-11-14. Prohibited acts; conduct [AMENDED]
Subchapter 15. Provisional Driver License Program [AMENDED]
595:10-15-2. Definitions [AMENDED]
595:10-15-3. Eligibility criteria [AMENDED]
595:10-15-4. Participants in the PDL program [AMENDED]
595:10-15-5. Terms and conditions under which the Participant Licensee can drive [AMENDED]
595:10-15-6. Proof of insurance [AMENDED]
595:10-15-7. Completion of Required forms, payment of the initial minimum monthly payment, and payment of the Provisional License fee [AMENDED]
595:10-15-8. Termination (removal) from the PDL Program, cancellation of the Class A, B, C or D Provisional Driver License issued under the Provisional Driver License Program, ineligibility from future participation in the PDL Program, and Review [AMENDED]
SUMMARY:
The proposed rules remove elements from Class D examination requirements that are contrary to the rules of the road established in Title 47 of the Oklahoma Statutes. The proposed rules clarify requirements of Class D designated examiners with regard to technology requirements, insurance requirements, and eligibility. The proposed rules clarify the terms and conditions related to auditing and monitoring driving schools and designated examiners. The rules related to reexamination of driver license applicants are updated in the proposed rules to reduce administrative burdens on both the applicant and the designated examiner/driving school. Restrictions on persons to whom designated examiners may administer a test are eliminated in the proposed rules. Significant amendments in the proposed rules change eligibility, performance, and removal criteria for the Provisional Driver License Program, with a number of restrictions being deleted.
AUTHORITY:
Commissioner of Public Safety, 47 O.S. §2-108
COMMENT PERIOD:
Persons wishing to submit their views in writing may do so before March 19, 2021, at 4:45 p.m. at the following address: Latosha Carrillo, Department of Public Safety - Legal Division, P.O. Box 11415, Oklahoma City, OK 73111, or latosha.carrillo@dps.ok.gov.
PUBLIC HEARING:
A public hearing will be held at 10:00 a.m. on Wednesday, March 24, 2021, in Classroom A of the Robert R. Lester Training Center, 3600 N. Martin Luther King Ave. Oklahoma City, OK 73136.
REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES:
Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information during the comment period in the same manner described for comments from the public.
COPIES OF PROPOSED RULES:
Copies of the proposed rules may be obtained through the Department of Public Safety – Records Division, P.O. Box 11415, Oklahoma City, OK 73111, or in person at the Department of Public Safety – Records Division, 3600 N. Martin Luther King Ave., Oklahoma City, OK 73136. Copies of proposed rules may be purchased at the cost of ten (10) cents per page. Copies of proposed rules may be obtained from the Department of Public Safety website at www.dps.ok.gov.
RULE IMPACT STATEMENT:
Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and available in the same manner as copies of proposed rules after publication of the Notice of Rulemaking Intent.
CONTACT PERSON:
Latosha Carrillo, Administrative Programs Officer III, 405-425-2148, latosha.carrillo@dps.ok.gov.
595. DEPARTMENT OF PUBLIC SAFETY
CHAPTER 10. CLASS D DRIVER LICENSES AND IDENTIFICATION CARDS AND MOTOR LICENSE AGENT PROCEDURES
SUBCHAPTER 3. EXAMINATION
595:10-3-9. Skills examination
(a) In general. The skills examination shall only be administered after the applicant has successfully passed the knowledge test, or had it waived if eligible, and the vision test. Whenever a skills examination is required, the following general conditions shall apply:
(1) The skills examination shall start at a designated location and shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle. Applicants shall furnish the type of vehicle required for the Class D skills examination.
(2) The skills examination shall not be administered in a vehicle:
(A) which is not insured as required by 47 O.S. §7-600 et seq.,
(B) which does not have a current license plate,
(C) which is not equipped with seatbelts, if the vehicle was originally manufactured and equipped with seatbelts, or
(D) which does not comply with vehicle equipment and safety standards as required by Chapters 12 and 13 of Title 47 of the Oklahoma Statutes.
(3) An applicant determined by an examiner to be cheating on any portion of the skills examination shall:
(A) immediately forfeit the examination,
(B) be given a failing score by the examiner, and
(C) be disqualified from retaking the examination for one week.
(b) Scoring of examination. The scoring procedure will be on a cumulative deduction system based on poor driving practices. The Commissioner or the Commissioner's representative shall determine a point value for each improper driving act.
(c) Content of examination for Class D driver license.
(1) The skills examination shall include, but not be limited to, the following maneuvers:
(A) Starting,
(B) Backing (excluding two-wheel and three-wheel vehicles),
(C)(B) Hill parking (excluding two-wheel and three-wheel vehicles),
(D)(C) Starting on hill (excluding two-wheel and three-wheel vehicles),
(E)(D) Intersection movement and observance,
(F)(E) Lane observance and changing,
(G)(F) Left and right turns,
(H)(G) Pedestrian and vehicle right-of-way,
(I)(H) Proper use of automatic transmission or clutch gear (excluding two-wheel or three-wheel vehicles),
(J)(I) Use of brake and accelerator,
(K)(J) Traffic lights or signals, and
(L)(K) Parallel Parking (excluding two-wheel and three-wheel vehicles).
(2) The skills examination will not be conducted when examination route roadways are considered by the examiner to be slick or hazardous due to inclement weather.
(3) Criteria for a skills examination are as follows:
(A) Starting: To determine if the individual is familiar with the vehicle's controls and proper use, and to determine the individual's skill and ability to move the vehicle from a parking space or parking lot into the traffic lane.
(B) Backing: To determine the individual's ability to control vehicle while backing for a distance of approximately fifty (50) feet.
(C)(B) Hill parking (stopping and starting): To determine if the individual has the ability to park a vehicle on an incline in a safe manner and leave that position in a safe manner.
(D)(C) Transmission (automatic or standard): To determine if the individual has the coordination and ability necessary for reasonable control of the vehicle.
(E)(D) Brakes: To determine the individual's skill and physical ability in the proper usage of the brake(s).
(F)(E) Control of speed: To determine the speed the individual maintains relative to speed limits and other traffic.
(G)(F) Gap selection: To determine whether the individual exercises proper judgment when entering or leaving the roadway, when turning or crossing an intersection, or when changing lanes.
(H)(G) Driver alertness: To determine whether the individual observes and is aware of situations and circumstances which play an important part in safe driving.
(I)(H) Right-of-way: To determine the individual's knowledge of right-of-way and the ability to react properly, and to determine whether an individual shares the road properly with other drivers and pedestrians.
(J)(I) Legal stop: To determine whether the individual observes, understands, and obeys stop signs and traffic signals.
(K)(J) Traffic lights or signs: To determine whether the individual sees, understands, and obeys traffic lights and other signs.
(L)(K) Signals: To determine whether the individual gives the proper signal when driving away from the curb, changing lanes, or turning.
(M)(L) Lane usage: To determine whether the individual has the knowledge and ability to use lanes properly.
(N)(M) Observation: To determine whether the individual observes those things which are necessary for safe driving.
(O)(N) Final Park: To determine the individual's ability to park the vehicle at the conclusion of the skills examination in a manner compatible with safe driving practices and statutory requirements.
(P)(O) Left turn items scored:
(i) Cuts corner on approach.
(ii) Cuts corner on lane entry.
(iii) Turns into the wrong lane (does not affect other traffic).
(iv) Turns from wrong lane (does not affect other traffic).
(v) Turns wheels while stopped, waiting to make turn.
(vi) Too wide on lane entry.
(vii) Fail to signal turn for at least 100 feet before turning.
(viii) Fail to approach turn in the proper lane.
(Q)(P) Right turn items scored:
(i) Too wide on approach.
(ii) Too wide on lane entry.
(iii) Turns from wrong lane (does not affect other traffic).
(iv) Turns into wrong lane (does not affect other traffic).
(v) Bumps, scrapes, or climbs curb.
(vii) Fail to signal turn for at least 100 feet before turning.
(viii) Fail to approach turn in the proper lane.
(R)(Q) Passenger vehicles other than school buses or vehicles transporting passengers for hire are not required to stop at a railroad crossing.
(S)(R) Parallel parking: To determine the proficiency an individual has attained in coordinating judgment, skill, and ability to park a vehicle and drive away from a designated area, and to maneuver the vehicle in close quarters.
(4) Disqualifications are as follows:
(A) Seat belt not in use. Applicant fails to use seat belt. The seat belt shall be properly adjusted and fastened before the vehicle enters a public roadway.
(B) Moving traffic violation. Applicant received a traffic citation for a moving violation during the skills examination.
(C) Disobey sign or signal. Applicant ignored or did not obey sign or signal.
(D) Driver speeding. Applicant's speed is more than five (5) miles per hour over the posted speed limit or the lawful speed limit for the vehicle being driven: Provided the speeding is not in a school zone during normal school hours or a construction zone with workers present. There will be no tolerance in a school zone during normal school hours and school is in session or in a construction zone with workers present.
(E) Fail to stop. Applicant rolled through stops or failed to stop.
(F) Traffic laws. Applicant ignored or did not obey traffic laws.
(G) Yield to others. Applicant did not yield to other road users (pedestrians, vehicles, etc.) Applicant did not appropriately yield the right-of-way to pedestrians or other vehicles during driving maneuvers.
(H) Left of center. Applicant drives left of center (except when needed to perform a turn safely or to proceed safely on a direct course.
(I) Avoidable crash or incident or dangerous act.
(i) Applicant involved in an avoidable crash or collision.
(ii) Applicant's vehicle has physical contact with other vehicles, objects, pedestrians, etc.
(iii) Applicant commits any act or omission that creates a dangerous or unsafe traffic environment (near accidents, etc.).
(iv) Applicant's actions causes drivers of other vehicles or pedestrians to take evasive actions.
(v) Applicant's actions force examiner to take verbal or physical control of the vehicle.
(J) Put vehicle over sidewalk or curb. Applicant put vehicle over curbs or sidewalks unnecessarily.
(K) Weighted Offenses. Accumulation of four (4) or more of any of the following offenses, in any combination:
(i) Failure to use turn signal.
(ii) Coasting on a downgrade (gears in neutral or clutch disengaged).
(iii) Consistently goes over speed limit.
(iv) Proceed through intersection on yellow light when applicant could stop without creating a dangerous situation.
(d) Retesting.
(1) Applicants who fail the skills examination for a driver license or the motorcycle endorsement may be granted the opportunity to retest on the next available regular business day as scheduling permits. When an applicant fails to qualify for a Class D license after three (3) skills examination attempts, he or she will be required to obtain a restricted driver license, restricting the individual to operating a motor vehicle while accompanied by a qualified licensed driver in the front seat, before another skills examination will be administered.
2) The Department shall conduct the skills examination for the holder of a restricted Class D driver license not more than three (3) times beginning thirty (30) days from the date of issuance of the restricted license. Should the restricted licensee fail the third examination, the licensee shall wait thirty (30) days before being given another skills examination by the Department. The fourth and subsequent examinations shall be given not more than one (1) time every thirty (30) days thereafter at the request of the restricted licensee.
(3) In computing any time period prescribed by this subsection, the day of the failed examination from which the designated period of time begins to run shall not be included. The last day of the period computed shall be included, unless it is not a working day, in which event the period runs until the end of the next working day.
(e) Minimum waiting period for examination. The holder of a restricted driver license will not be eligible to have a skills examination administered until after a minimum of thirty (30) days following the issuance of such license, provided the applicant is at least eighteen (18) years of age. In computing the 30-day time period prescribed by this subsection, the day on which the restricted driver license is issued shall not be included. The last day of the period computed shall be included, unless it is not a working day, in which event the period runs until the end of the next working day.
(f) Substitute for skills examination. A skills examination may be waived for a licensee when one of the following requirements is met:
(1) The licensee is applying for a Class D driver license, provided all established requirements for a Class D license have been satisfied, and the licensee is licensed at the time of application by one of the fifty (50) states, by the District of Columbia, by a Canadian province, or by another country; provided, the current driver examination requirements of the country must be on file with the Department and must meet or exceed the standards, specifications, and requirements of the Department as set out in this Subchapter [47 O.S. § 6-110(A)(2)].
(2) The licensee:
(A) has enrolled in and successfully completed a course taught by an instructor certified by the Motorcycle Safety Foundation and using the Motorcycle Safety Foundation curriculum, and
(B) submits to the Department at the time of application for a motorcycle endorsement a Motorcycle RiderCourse® or an Experienced RiderCourse® completion card that shows the individual has passed both the knowledge and skills test authorized by the Department of Public Safety. [47 O.S. §6-101(D)].
SUBCHAPTER 11. CERTIFIED SCHOOLS AND DESIGNATED CLASS D EXAMINERS
595:10-11-5. Requirements for certification as a designated examiner; display of certificate; certification renewal
(a) Requirements and application for certification. A certified driver education instructor or a former employee of the Department of Public Safety who was employed as a Driver License Examiner with a minimum of five (5) years experience and left the agency in good standing may apply for certification as a designated examiner. The applicant must meet the following requirements:
(1) Complete an application provided by the Department [see 595:10-11-12],
(2) Possess, or have access to,which shall meet current specifications, as provided by the Department, to enable it to be loaded with software necessary to train the applicant and, upon certification as a designated examiner, to conduct examinations and report examination results electronically to the Department, and the applicant shall sign a user agreement with the Department regarding the installation, maintenance, and use of the software sufficient electronic equipment and data processing capacity to operate the Department’s internet based applications as required to carry out the functions of a designated examiner,
(3) Certified driver education instructors must maintain throughout the time period to be covered by the certification all other certification requirements to be a certified driver education instructor, and
(4) Successfully complete a course of instruction prescribed by the Department [see 595:10-11-6].
(b) Certification. Upon acceptance and approval by the Department of the application for certification from a driver education instructor, or upon acceptance and approval by the Department of the application for renewal of certification from a designated examiner, and upon completion to the satisfaction of the Department by the instructor or designated examiner of all other requirements for certification, the Department shall provide the designated examiner with:
(1) a certificate evidencing approval by the Department as a designated examiner, which shall be presented for inspection to each driver license applicant, and to the parent or legal guardian of any applicant under eighteen (18) years of age, before the applicant enters the vehicle in which the examination is to be administered. The certificate shall be carried in the vehicle in which any examination is being administered. The certificate shall be valid for the calendar year in which it is issued, and
(2) an official seal to be used by the designated examiner as provided in 595:10-11-13.
(3) If the Certification of the designated examiner becomes invalid, the certification badge and stamp are to be remanded to the Department of Public Safety.
(c) Renewal of certification.
(1) A certified designated examiner shall be eligible for renewal of certification if the examiner:
(A) submits an application for certification renewal upon a form provided by the Department no later than December 1 of each year [see 595:10-11-12],
(B) currently meets the requirements and standards of the Department as prescribed by this subchapter,
(C) administered twenty (20) or more examinations within the twelve (12) months immediately preceding the application for renewal of certification. IF the applicant fails to complete 20 drives during the previous 12 month period, the applicant must attend remedial training and pay all fees.
(2) Any driver education instructor who was previously certified as a designated examiner and whose previous certification has been expired for not more than one (1) year may make application for renewal of certification as provided in paragraph (1) of this section.
(3) Any designated examiner who does not qualify for renewal of certification may apply, after a period of at least one (1) year from the date the examiner was notified he or she was not qualified for renewal of certification, for certification as a designated examiner and shall meet all requirements as for an initial application for certification as a designated examiner.
(4) Upon renewal the previous certification badge will be turned in to the Department of Public Safety and a new certificate badge will be issued.
(d) Vehicle Insurance for a self -employed Designated Examiner.
(1) Self-employed Designated Examiner's vehicle must be insured by a company licensed to do business in this state with a commercial liability insurance policy for each vehicle used to conduct skills examinations. The minimum amount of insurance shall consist, for any one collision, of at least Fifty Thousand Dollars ($50,000.00) for bodily injury to or death of one person; One Hundred Thousand Dollars ($100,000) for bodily injury to or death of two or more persons; and Fifty Thousand Dollars ($50,000) for damage to property. The above coverage shall be carried on all vehicles used by the Designated Examiner for purposes of administering the skills examination.
(2) In the event the insurance coverage is canceled, a copy of the written notice of cancellation must be furnished forthwith to the Department by registered or certified mail. Use of this vehicle for use of examinations will be immediately suspended until proper verification of insurance is provided to the Department of Public Safety.
(3) Each self-employed Designated Examiner shall send a copy of the Declaration of Insurance coverage when applying for a Designated Examiner original or renewal license. If insurance coverage expires between renewal certification periods, the examiner shall send a current copy of the Declaration of Insurance coverage to the Department.
(e)(d) Vehicle Insurance for Designated Examiner Employed by a Commercial Driving School. Vehicles owned by a Commercial Driving School must meet all requirements of OAC 595:40-1-11 and 595:40-1-12.
595:10-11-6. Course of instruction for driver education instructors applying for certification as a designated examiner
(a) A driver education instructor applying for certification as a designated examiner shall enroll in and successfully complete a course of instruction as determined by the Department before the instructor will be considered for approval and certification as a designated examiner. The certification process must be completed within 12 months of the course start date.
(b) The Department shall, from time to time, at a minimum, conduct aan annual course of instruction for driver education instructors applying for certification as designated examiners. The Department shall determine the standards and requirements for the curriculum and successful completion of the course of instruction. The curriculum shall include, but not be limited to, the following subjects:
(1) Examination standards and scoring.
(2) Forms and reports.
(3) Oklahoma statutes.
(4) Department rules.
(5) Behind-the-wheel driving.
(6) Records and recordkeeping.
(c) The dates and locations of courses of instruction will be determined by the Department.
595:10-11-7. Examination requirements and standards
(a) Application. Before an examination may be given to a driver license applicant by a designated examiner, the applicant shall provide a valid Oklahoma learner permit for inspection by the designated examiner and completely fill out and submit to the examiner an Oklahoma skills examination application (DPS Form DL-18-DE) which shall be provided to the applicant by the examiner [see 595:10-11-12]. The examiner shall, by electronic means, verify with the Department on the day of the examination that the applicant is eligible to be administered the examination. If the applicant is not eligible, the examiner shall refer the applicant to a Driver License Examiner.
(b) Standards. Current minimum standards for the skills examination of applicants for an Oklahoma Class D intermediate license or driver license, as set forth in state statutes and Department rules shall be provided to all designated examiners by the Department.
(c) Examinations.
(1) The driving skills examination for an Oklahoma Class D intermediate license or driver license administered by a designated examiner shall:
(A) include all specified maneuvers as required by the Department, and
(B) meet or exceed all requirements of the Department for the Class D driver license.
(2) If an applicant fails a skills examination administered by the designated examiner, the examiner shall immediately notify the Division by electronic means of the failure. The notification shall include, at a minimum, the applicant's:
(A) name and date of birth,
(B) driver license number, if applicable;
(C) score on the failed examination, along with any details of the failure which the examiner deems pertinent to the Department's records.
(D) the designated examiner's name and badge number.
(d) Location of examination. All skills examination shall be administered on the route approved for the designated examiner which shall be a different route than any route used for training the applicant being examined.
(e) Vehicle used for driving skills examination. The applicant or parent or legal guardian of the applicant may specify the vehicle in which the driving skills examination is administered. The vehicle shall meet the same requirements as any vehicle which is used for Class D driving skills tests administered by the Department of Public Safety.
(f) Auditing and monitoring. An employee of the Department of Public Safety or the State Board of Education may, at any time and without prior notice, accompany a designated examiner and a driver license applicant while a skills examination is being administered for the purpose of auditing the performance and effectiveness of the designated examinerTo ensure the integrity of the designated examiner program and the state skills testing program, the Department shall:
(1) Conduct unannounced, on-site inspections of designated examiners’ records, including review of the Class D skills test results of applicants tested by the designated examiner;
(2) Conduct covert and overt monitoring of examinations performed by designated examiners. An employee of the Department may, at any time and without prior notice, accompany a designated examiner and a driver license applicant while a skills examination is being administered for the purpose of auditing and monitoring the performance and effectiveness of the designated examiner;
(3) Track pass/fail rates of applicants tested by each designated examiner, in order to focus covert and overt monitoring of designated examiners who have unusually high pass or failure rates;
(4) Track the dates and results of audits and monitoring actions by the Department, and the dates designated examiners were certified by the Department.
(5) Track skills tests administered by each designated examiner’s name and identification number.
(g) Collision During Skills Test. The designated examiner must furnish the Department with a copy of an official collision report on any applicant which is involved in a collision during the testing period. This is in addition to the collision report required by law.
595:10-11-8. Reexamination upon failure of examination
(a) If the driver license applicant fails the skills examination administered by a designated examiner, the designated examiner may administer only two (2) subsequent examination to the applicant. The designated examinershall wait the required amount of time before reexamining the applicant [see 595:10-3-7 and 595:10-3-9]. If the applicant fails the examination three (3) times, the designated examiner shall refer the applicant to the Department for any further examination.
(b) The designated examiner shall record each failed examination on the Oklahoma skills examination application (DL-18-DE) [see 595:10-11-12] and the examiner shall immediately notify the Division by electronic means of the failure, as provided in OAC 595:10-11-7(c).
595:10-11-14. Prohibited acts; conduct
(a) Prohibited acts. A designated examiner shall not:
(1) use or permit to be used any form of alcoholic beverage or drugs in or about the examination route, or in any motor vehicle being used for the purpose of administering an examination,
(2) administer an examination to any driver license applicant with a physical disability,
(3) administer an examination on the same route on which the applicant was trained, or
(4) administer an examination to any applicant:
(A) who does not have a valid Oklahoma learner permit, or
(B) who does not fill out an Oklahoma skills examination application (DL-18-DE) issued by the Department of Public Safety,
(5) administer an examination to any applicant related by consanguinity (by blood relation) or affinity (by marriage) within the third degree,
(6) administer an examination to any applicant who has previously been a student of the designated examiner for any of the required six (6) hours of behind-the-wheel instruction in his or her capacity as a driver education instructor; provided, this paragraph shall not be construed to allow an examiner to give the applicant a practice examination or pre-examination instruction,
(7)(6) accept any present or favor from an applicant or any other person who has or may have an interest in the outcome of an examination, or accept any employment which represents a conflict of interest to the examination process,
(8)(7) use the designated examiner position for any personal advantage, or
(9)(8) commit or omit any act which constitutes a violation of any of the rules of this subchapter or the laws of this state governing designated examiner certification.
(b) Conduct. A designated examiner shall:
(1) Recognize that his or her position is of the highest public trust and that, on the wisdom of his or her decision, the lives of many people daily depend,
(2) Impartially administer all official duties without regard to race, creed, position, or influence, according no applicant more reasonable treatment than any other,
(3) Conduct each examination in a manner which reflects:
(A) its importance to society,
(B) its seriousness to the individual, and
(C) the unquestioned competence of the examiner,
(4) Exercise only such legal authority as has been duly vested in the position of a designated driver examiner, and
(5) Fully appreciate and fulfill the responsibilities of his or her certification in order to strengthen public confidence in driver license examinations.
SUBCHAPTER 15. PROVISIONAL DRIVER LICENSE PROGRAM
In addition to terms defined in 47 O.S. § 1-101 et seq., the following words or terms, when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise. Use of the singular term includes the plural, and use of the plural term includes the singular.
"All outstanding driver license reinstatement fees" shall mean the total of all processing and reinstatement fees as shown by the driving record maintained by the Department of Public Safety.
"Applicant" is the person applying for admission into the Provisional Driver License Program ("PDL Program")
"Method of Payment" is the manner of payment to the Department of Public Safety specifically authorized by these rules.
"Participant Licensee" is the person who has been admitted into the PDL Program and has been issued a Provisional Driver License.
"Payout Agreement" is the required written promise between the Participant Licensee and the Department of Public Safety which authorizes the terms and conditions upon which driving is permitted and specifies the amount of the minimum monthly payment.
"Provisional Driver License" ("PDL") is the limited license, specifying the terms and conditions under which driving is permitted, issued by the Department of Public Safety to the Participant Licensee while the individual is participating in the program.
"Untimely Payment" is a payment that is not received by the Finance Division of the Department of Public Safety by the last calendar day of the month in which the payment is due. For payments submitted by mail, the post mark date is the date the payment is deemed to be received.
595:10-15-3. Eligibility Criteria
(a) In order to be eligible for a Provisional Driver License, the following criteria must be met by the Applicant:
(1) must provide the Department of Public Safety with satisfactory proof of current liability insurancein his or her name.
(2) will not qualify if any requirement for reinstatement of driving privileges, other than the payment of all outstanding driver license reinstatement fee(s) has not been satisfied and proof of the same provided to the Department of Public Safety;
(3) must renew and/or retest, if required.
(b) In addition to the requirements in (a) above, an applicant for a Class A, B, or C, Commercial Driver License under the Provisional Driver License Program, must meet the additional requirements below:
(1) must possess a unexpired Commercial Driver License;
(2) must not be currently disqualified;
(3) The Applicant's Commercial Driver License cannot have been expired for three (3) years or more;
(4) If the Applicant is ineligible for any reason for Commercial Driver License, the Applicant may only apply for a Class D Provisional Driver License.
595:10-15-4. Participants in the PDL Program
(a) Before being issued a Provisional Driver License, a A Participant must obtain a valid unexpired Oklahoma Identification CardRestricted Driver License.The Identification Card and the Provisional Driver License must be carried together any time the Participant is operating a motor vehicle. A Participant must present both the Provisional Driver License (or Restriction Document for CDL holders) and the Oklahoma Identification Card (or CDL) when requested by a law enforcement officer. Any Participant who, while operating a motor vehicle, fails to have both items in their possession shall be in violation of the terms and conditions of the PDL Program which shall result in the cancellation of the Provisional Driver License and termination of the licensee's participation in the PDL Program. The licensee shall be immediately returned to his or her previous license status and shall be ineligible for future participation in the PDL Program.
(b) The Participant Licensee must enter into a written Payout Agreement with DPS which will stipulate that failure to remit the minimum statutory monthly payment or failure to make a timely payment, abide by the terms of the Payout Agreement shall result in the cancellation of the Provisional Driver LicenseRestricted Driver License and termination of the licensee's participation in the PDL Program. The licensee shall be immediately returned to his or her previous license status and shall be ineligible for future participation in the PDL Program.
(c) The Participant Licensee must further acknowledge that any violation of law by the Participant Licensee that would result in the suspension or revocation of a driver license shall result in the cancellation of the Provisional Driver LicenseRestricted Driver License and termination of the licensee's participation in the PDL Program. The licensee shall be immediately returned to his or her previous license statusand shall be ineligible for future participation in the PDL Program.
(d) Upon acceptance into the PDL Program and paying the fifty dollar ($50.00) Provisional Driver License Program fee, and applicable Restricted Driver License fee, the Class D license Participant Licensee will be issued a paper Provisional Driver License specifying the specific terms and conditions under which the Participant Licensee can lawfully operate a motor vehiclea Restricted Driver License. The CDL Participant licensee shall retain their original CDL and will be issued a Restriction Document specifying the specific terms and conditions under which the CDL Participant Licensee can lawfully operate a motor vehicle. The Provisional Driver License and Oklahoma Identification card, or the CDL and Restriction Document,Restricted Driver License shall be carried by the Participant Licensee at all times while operating a motor vehicle.
(e) The Class D license issued under the Provisional Driver License Program will be valid for a period of six (6) months from the date of issuance. Before the expiration of that six (6) month time period, the Participant Licensee shall return to a Driver Compliance Hearing Officer to be recertified and provide proof they are eligible to continue in the PDL Program. If the Participant Licensee is eligible, another Class D Provisional Driver License will be issued and will be valid for a period of six (6) months. Appearance before a Driver Compliance Hearing Officer and recertification will be required every six (6) months until all reinstatement fees are paid in full. Failure to renew the Class D Provisional Driver License prior to its expiration will cause the cancellation of the Class D Provisional Driver License issued under this program and the removal of the Participant from the program. The Class D Provisional Driver License must be renewed every six (6) months in order for the Class D License Participant to continue in the program.
(f) The Restriction Document for the Class A, B, or C, Commercial Driver License issued under the Provisional Driver License Program will be valid for a period of six (6) months from the date of issuance. Before the expiration of that six (6) month time period, the Class A, B, or C, Participant Licensee shall return to a Driver Compliance Hearing Officer to be recertified and provide proof they are eligible to continue in the Provisional Driver License Program. If the Participant Licensee is eligible, another Restriction Document will be issued and will be valid for a period of six (6) months. Appearance before a Driver Compliance Hearing Officer and recertification and renewal of the Restriction Document will be required every six (6) months until all reinstatement fees are paid in full. Failure to renew the Restriction Document prior to its expiration will cause the cancellation of the Commercial Driver License issued under this program and the removal of the Participant from the program. The Restriction Document must be renewed every six (6) month in order for the Class A, B, or C Driver License Participant to continue in the program.
595:10-15-5. Terms and conditions under which the Participant Licensee can drive
The Participant Licensee will only be allowedRestricted Driver License issued pursuant to the Provisional Driver License Program will allow the Participant Licensee to operate a motor vehicle or commercial motor vehicle under one or more of the following circumstances:
(1) Between their place of residence and their place of employment or potential employment;
(2) During the scope and course of their employment;
(3) Between their place of residence and a college, university or technology center;
(4) Between their place of residence and their child's school or day care provider;
(5) Between their place of residence and a place of worship; or
(6) Between their place of residence and any court-ordered program or treatment program; as identified on the Class D Provisional Driver License or on the Restriction Document for the Class A, B, or C, Commercial Driver License issued under the Provisional Driver License Program and under the same conditions and restrictions as shown on the driving record maintained by the Department of Public Safety.
595:10-15-6. Proof of insurance
Prior to being accepted into the PDL Program, the Applicant shall provide DPS satisfactory proof of current liability insurance in his or her name. Upon acceptance into the PDL Program, the Participant Licensee shall maintain liability insurance for the duration of their participation in the PDL Program. Failure to maintain liability insurance shall result in the cancellation of the Class D Provisional Driver License or the Class A, B, or C, Commercial Driver License issued under the Provisional Driver License Program.The Participant Licensee shall be immediately returned to his or her previous license status. The Participant Licensee shall also be ineligible for future participation in the PDL Program.
595:10-15-7. Completion of Required forms, payment of the initial minimum monthly payment, and payment of the Provisional License fee
(a) The Applicant for the PDL Program will be required to complete all required forms for DPS, including but not limited to a written Payout Agreement, prior to being accepted into the PDL Program.
(b) The minimum monthly payment of at least twenty-five dollars ($25.00) per month an amount prescribed by statute toward the satisfaction of all outstanding driver license reinstatement fees will be agreed upon by the Participant Licensee and the Department of Public Safety. At no time will the Participant Licensee be allowed to pay less than the monthly statutory limit of twenty-five dollars ($25.00)amount prescribed by statute.
(c) The method of payment shall be paid in the manner prescribed by the Department of Public Safety.
(d) The first payment is due and must be received by DPS on or before the last calendar day of the month in which the Applicant is accepted into the PDL Program. All subsequent payments are due and must be received by DPS on or before the last calendar day of each month thereafter.
(e) Failure of the Participant Licensee to make the required monthly payments for three (3) consecutive months shall result in the removal of the Participant Licensee from the PDL Program, the cancellation of the Class D Provisional Restricted Driver License or the Class A, B, or C, Commercial Driver License issued under the Provisional Driver License Program and the return of the Participant Licensee to his or her former driver license status.
(f) The Participant Licensee shall pay a one-time Provisional Driver License fee to the Department of Public Safety in the amount of fifty dollars ($50.00) and the Restricted Driver License fee prior to the issuance of the initial Class D Provisional Driver License or the Class A, B, or C, Commercial Driver License issued under Restricted Driver License issued pursuant to the Provisional Driver License Program together with the accompanying Restriction Document. The Provisional Driver License fee shall be remitted to the State Treasurer to be credited to the Department of Public Safety Restricted Revolving Fund and are to be budgeted and expended solely for the purpose of administrating the provisions of the Provisional Driver License Program.
595:10-15-8. Termination (removal) from the PDL Program, cancellation of the Class A, B, C or D Provisional Driver License Restricted Driver License issued under the Provisional Driver License Program, ineligibility from future participation in the PDL Program, and Review
(a) If a Participant Licensee has violated any of the provisions, requirements or terms of this program as determined by DPS, the Participant Licensee will be removed from the PDL program, their Class A, B, C or D Provisional Driver License and the Restricted Driver License issued under the Provisional Driver License Program shall be cancelled, and they will be ineligible for future participation in the PDL Program. More specifically, the The following actions will result in removal from the PDL Program, and cancellation of the Class A, B, C or D Provisional Restricted Driver License issued under the Provisional Driver License Program, and ineligibility from future participation in the PDL Program:
(1) Failure to reappear before a Driver Compliance Hearing Officer for the issuance of the Class D PDL within sixty (60) days after being issued a Driver License Testing Authorization requiring the Applicant to take and pass a driver license test in order to participate in the Class D PDL Program;
(2) Failure to reappear before a Driver Compliance Hearing Officer for the issuance of the Class D PDL within sixty (60) days after the Applicant was instructed to renew an expired driver license in order to participate in the Class D PDL Program;
(3) Failure to carry the Class D PDL and Oklahoma Identification Card at all times while driving;
(4)(1) Any act that results in the suspension, revocation or disqualification of a driver license;
(5)(2) Failure to comply with the terms and conditions under which the Participant Licensee can drive as set forth in the Class D PDL or the Restriction Document for the Class A, B, or C, Commercial Driver License Restricted Driver License issued under the Provisional Driver License Program, or as shown by the Department's records;
(6)(3) Failure to maintain current liability insurance in the Participant Licensee's name;
(7) Failure to carry proof of current liability insurance in the Participant Licensee's name when driving and/or to present proof of currently liability insurance on demand;
(8)(4) Failure to remit to DPS the minimum statutory monthly payment, or to timely remit the minimum statutory monthly payment timely, for three (3) consecutive months;
(9)(5) Failure to remit to DPS the minimum statutory monthly payment in a manner specified by the Payout Agreement;
(10) Failure to reappear before a Driver Compliance Hearing Officer before the issued Class D PDL or the Restriction Document for the Class A, B, or C, Commercial Driver License issued under the Provisional Driver License Program expires;
(11) Failure to provide to a DPS Hearing Officer satisfactory proof of current liability insurance in the Participant Licensee's name at the time of renewal of the Class D PDL or the Restriction Document for the Class A, B, or C Commercial Driver License issued under the Provisional Driver License Program;
(12)(6) Any attempt by the Participant Licensee to obtain or actually obtaining a driver license or driving privileges from another state or country while in the PDL Program;
(13) Failure to renew the Restriction Document for the Class A, B, or C, Commercial Driver License issued under the Provisional Driver License Program;
(14)(7) Failure to comply with any other term or condition of the signed Payout Agreement not specifically mentioned above. If terminated from the PDL Program for any of the aforementioned reasons, the removedparticipant may appear before a Driver Compliance Hearing Officer and request review of thereasons which caused the termination (removal) from the PDL Program.
(b) If terminated from the PDL Program for any of the aforementioned reasons, the removed participant may appear before a Driver Compliance Hearing Officer and request review of the reasons which caused the termination (removal) from the PDL Program.
(c) To re-enter the PDL Program after termination or removal and cancellation of the Restricted Driver License issued pursuant to the PDL Program, the person must be otherwise eligible, pay another fifty dollar ($50.00) Provisional Driver License fee and the Restricted Driver License fee, and complete all procedural requirements for an initial participation in the PDL Program.
TITLE 595. DEPARTMENT OF PUBLIC SAFETY
CHAPTER 10. CLASS D DRIVER LICENSES AND IDENTIFICATION CARDS AND MOTOR LICENSE AGENT PROCEDURES
RULE IMPACT STATEMENT
[75 O.S. §303(D)(2)]
1. A BRIEF DESCRIPTION OF THE PURPOSE OF THE PROPOSED RULE:
The proposed rules remove elements from Class D examination requirements that are contrary to the rules of the road established in Title 47 of the Oklahoma Statutes. The proposed rules clarify requirements of Class D designated examiners with regard to technology requirements, insurance requirements, and eligibility. The proposed rules clarify the terms and conditions related to auditing and monitoring driving schools and designated examiners. The rules related to reexamination of driver license applicants are updated in the proposed rules to reduce administrative burdens on both the applicant and the designated examiner/driving school. Restrictions on persons to whom designated examiners may administer a test are eliminated in the proposed rules. Significant amendments in the proposed rules change eligibility, performance, and removal criteria for the Provisional Driver License Program (PDLP), with a number of restrictions being deleted.
2. DESCRIPTION OF THE CLASSES OF PERSON AFFECTED:
The agency, potential licensees, and driving schools.
3. CLASSES OF PERSONS BENEFITTED:
The agency, potential licensees, and driving schools.
4. ECONOMIC IMPACT UPON AFFECTED CLASSES OF PERSONS:
The proposed rules provide an economic benefit for the affected classes of persons.
5. COST AND BENFITS TO THE AGENCY:
There is no anticipated cost to the agency. Anticipated benefits include reduction of administrative burden on the agency, commercial driving schools, and PDLP participants. Other benefits include cost savings for commercial driving school and PDLP participants.
6. ECONOMIC IMPACT ON POLITICAL SUBDIVISION:
There is no anticipated economic impact on political subdivision related to this rule.
7. ECONOMIC IMPACT ON SMALL BUSINESS:
Anticipated impact on small business include cost savings and reduced administrative burdens for commercial driving schools.
8. MEASURES TAKEN TO MINIMIZE COMPLIANCE COSTS:
No compliance costs are associated with this rule.
9. EFFECT OF THE PROPSED RULE ON PUBLIC HEALTH:
There is no anticipated effect on public health.
10. DETRIMENTS TO PUBLIC HEALTH IF THE RULE IS NOT ADOPTED:
There is no anticipated effect on public health if the rule is not adopted.
11. DATE RULE IMPACT STATEMENT PREPARED: February 16, 2021
