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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:

SUMMARY:

The proposed rule amendments will modify the required documentation to be used to establish an applicants identification at the time of application to the Department of Public Safety for an Oklahoma REAL ID Compliance or REAL ID Non-Compliant credential.

AUTHORITY:

Commissioner of Public Safety; 47 O.S. § 6-101 et seq.

COMMENT PERIOD:

Persons wishing to present their views in writing may do so before 5:00 p.m. on March 19, 2020 at the following address: Kimberly Dammen, Office of Legislative Services, Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136, or by email Kimberly.Dammen@dps.ok.gov.

PUBLIC HEARING:

A public hearing will be held at 8:30 a.m. on Friday, March 20, 2020 at the Robert R. Lester Training Center, Classroom E, 3600 N. Martin Luther King Ave., Oklahoma City, OK 73111. Anyone who wishes to speak must sign in at the door by 8:35 a.m.

REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES:

n/a

COPIES OF PROPSED RULES:

The proposed rules may be viewed on the agency's website at ww.ok.gov/dps and copies may be obtained from the Department of Public Safety's office located at 3600 N. Martin Luther King Ave., Oklahoma City, OK 73111. Copies may also be obtained by written request mailed to the attention of Kimberly Dammen, Office of Legislative Services, Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136, or by email Kimberly.Dammen@dps.ok.gov.

RULE IMPACT STATEMENT:

Pursuant to 75 O.S. § 303(D), a rule impact statement has been prepared and will be available for review at the above address.

CONTACT PERSON:

Kimberly Dammen, 405-425-2241, or email Kimberly.Dammen@dps.ok.gov, or by mail at Department of Public Safety, P.O. Box 11415, Oklahoma City, OK 73136

SUBCHAPTER 1. PROCEDURE FOR OBTAINING AND MAINTAINING A DRIVER LICENSE OR IDENTIFICATION CARD


PART 2. APPLICATION FOR INITIAL DRIVER LICENSE


595:10-1-2. General information

(a) Prerequisite. A driver license shall not be issued to any person whose driving privilege is under suspension, revocation, disqualification, cancellation, or denial in this state or any other state or country until such privilege has been reinstated by the state or country withdrawing such privilege [47 O.S. §6-103(A)(3)].

(b) Application for issuance of driver licenses. Information regarding the application for the issuance of driver licenses and identification cards may be obtained by:

(1) Telephone: (405) 235-2300

(2) Mail: Department of Public Safety, Driver License Services Division, 3600 North M. L. King Avenue, Oklahoma City, Oklahoma 73136-0415

(3) In person: Department of Public Safety, Driver License Services Division, 3600 North M. L. King Avenue, Oklahoma City, Oklahoma

(4) Internet: www.ok.gov/dps

(c) Driver license examinations. Information regarding driver license examination and examination locations may be obtained:

(1) Telephone: (405) 235-2300

(2) Mail: Department of Public Safety, Driver License Services Division, 3600 North M. L. King Avenue, Oklahoma City, Oklahoma 73136-0415

(3) Internet: www.ok.gov/dps

595:10-1-3. Procedures for obtaining an initial driver license

(a) Application. Every applicant for an initial Oklahoma driver license shall appear before a Driver License Examiner [47 O.S. §6-110]. An application for a driver license must be completed either by the applicant at the Driver License Examination Station or online, when an electronic process is made available by the Department of Public Safety (the Department), prior to the commencement of the required examination. Each applicant must sign a declaration under penalty of perjury that the information presented on the application is true and correct, and the State must retain this declaration. An applicant must sign a new declaration when presenting new source documents to the Department of Public Safety or certified motor license agent on  subsequent visits. An emergency contact name, address and phone number may be included on the application, which emergency contact may be changed or removed at any time by the licensee or by the emergency contact. The emergency contact information shall be for use by the Department and law enforcement officers only. [See OAC 595:10-1-50(d)(4) for more information on emergency contact.) Upon submitting a completed and approved application, providing proof of identity as provided for in (b) of this Section and proof that the applicant is a United States citizen, foreign national or a legal permanent resident alien [21 O.S., § 1550.42(B)], or having valid documentary evidence of lawful presence in the United States, and meeting all statutory requirements and successfully completing every required examination [Subchapter 3. Examination of this Chapter], the applicant may, if paying with an accepted credit card, be issued a temporary driver license by the Driver License Services Division after paying the required fees or proceed to a certified motor license agent Certified Motor License Agent and present the DL-10 approved application form issued by the Driver License Examiner along with the same identification presented to the examiner, and paying the required fees, the applicant will be issued a temporary driver license. The actual license will be mailed to the customer. The State must subject each person applying for a REAL ID compliant and non-compliant driver license or identification card to a mandatory facial image, finger image capture, and shall maintain photographs and finger image of individuals even if no card is issued. For each individual applying for an Oklahoma REAL ID Compliant or REAL ID Non-Compliant credential, the State must take and retain a photograph of the applicant's face and collect and retain the applicant's finger images, with or without the issuance of any type of Oklahoma credential. A person who has been declared to be a disabled veteran receiving compensation at the 100% rate for a permanent disability shall receive an original, renewal, or replacement driver license or identification card at no charge, upon presentation of one of the following documents:

(1) proof of 100% status from the U.S. Department of Veterans Affairs, or
(2) a tax exempt card from the Oklahoma Tax Commission showing exemption from state tax based upon 100% status.

(b) Required documents for a REAL ID Compliant Driver License.

(1) Proof of Identity. To establish identity, the applicant must present at least one of the following source documents:

(A) Valid, unexpired U.S. passport.
(B) Original or certified copy of a birth certificate filed with a State Office of Vital Statistics or equivalent agency in the individual's State of birth.
(C) Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State, Form FS-240, DS-1350 or FS-545.
(D) Valid, unexpired Permanent Resident Card (Form I-551) issued by the United States Department of Homeland Security (DHS) or United States Citizenship and Immigration Services (USCIS).
(E) Unexpired employment authorization document (EAD) issued by DHS, Form I-766 or Form I-688B.
(F) Unexpired foreign passport with a valid, unexpired U.S. visa affixed accompanied by the approved I-94 form documenting the applicant's most recent admittance into the United States.
(G) Certificate of Naturalization issued by DHS, Form N-550 or Form N-570.
(H) Certificate of Citizenship, Form N-560 or Form N-561, issued by DHS.
(I) REAL ID driver's license or identification card issued in compliance with the standards established by this part.
(J) Such other documents as DHS may designate by notice published in the Federal Register.

(2) Name Change. If a customer wishes to establish a name other than the name that appears on a source document (for example, through marriage, adoption, court order, or other mechanism permitted by State law or regulation), the customer must provide evidence of the name change through the presentation of documents issued by a court, governmental body or other entity as determined by the Department. The Department shall maintain copies of the documentation presented and maintain a record of both the recorded name and the name on the source documents as determined by the Department. If immigration documents are presented, the customer must provide proof of the updated name change with USCIS or SAVE.

(3) Proof of Date of Birth. To establish date of birth, an individual must present at least one document included in paragraph (1) of this section.

(4) Proof of Social Security Number (SSN). An applicant for a REAL ID driver license must present his or her Social Security Administration account number card; or, if a Social Security Administration account card is not available, the person may present any of the following documents bearing the applicant's SSN:

(A) A W-2 form,
(B) A SSA-1099 form,
(C) A non-SSA-1099 form, or
(D) A pay stub with the applicant's name and SSN on it. The State DMVThe Department or Motor License Agent (MLA) must verify the SSN with the Social Security Administration (SSA). In the event of a non-match with SSA, the Department shall not issue a REAL ID driver license until the information verifies is verified with SSA.

(5) Documents demonstrating address of principal residence. To document the address of principal residence, a person must present at least two documents of the State's choice that include the individual's name and principal residence. Acceptable documents to prove address of principal residence are:

(A) Copy of previous year's federal or Oklahoma income tax return filing
(B) Current and valid life insurance, or automobile liability policy or card with address.
(C) Installment loan contract from a bank or other financial institution. (Payday loan companies are not acceptable)., not to include documents reflecting a cash advance or signature loan.
(D) Current Deed, mortgage, monthly mortgage statement, or a residential lease.
(E) Current homeowners' or renters' insurance policy or statement.
(F) Professional license issued by an Oklahoma governmental agency
(G) Property tax bill or receipt dated within the last 12 months
(H) Sales tax or business license
(I) Social Security AdministrationSSA document with Oklahoma street address dated within the last 12 months
(J) Transportation Security Administration (TSA) letter
(K) Utility bill (from an electric, telephone (home or cell), water, sewer, cable, satellite, heating oil, or propane provider).
(L) Valid concealed weaponshandgun permit.
(M) Certified copy of court order.
(N) Oklahoma Boat Title or Registration.
(O) Current documents issued by the US Military.
(P) Oklahoma Motor Vehicle Title or Registration.
(Q) Pilot'sGovernment-issued Pilot license.
(R) Public assistance benefit card and correspondence dated within the last 12 months.
(S) W-2 wage or 1099 tax form from the previous year.
(T) Oklahoma Voter registrationRegistration cardCard.
(U) Tribal Vehiclevehicle Titlestitles or Registrationregistration.
(V) Oklahoma Highhigh Schoolschool, Collegecollege, Universityuniversity, transcript or Technology Center technology center transcript for current school year or semester.
(W) Oklahoma Agriculture exemptionExemption permitPermit card (farm tax permit).
(X) Correspondence from an Oklahoma State Agencyagency with current address dated within the last year. (cannot be forwarded mail)

(6) Evidence of lawful status in the United States. The Department may issue a REAL ID Compliant driver license only to aan personapplicant who has presented satisfactory evidence of lawful status.

(A) If the applicant presents one of the documents listed under paragraph (b)(1),(A) through (b)(1)(H) the verification of the applicant's identity will also provide satisfactory evidence of lawful status.
(B) If the applicant presents one of the identity documents listed under paragraphs (b)(1)(I) through (b)(1)(J) of this section, or the issuing State's verification of the identity document(s) does not provide satisfactory evidence of lawful status., Thethe applicant must also present a second document from documentation issued by DHS or other Federal agencies demonstrating lawful status as determined by USCIS. All documents shall be verified by the Systematic Alien Verification for Entitlements (SAVE) SAVE.

(c) Required identification for REAL ID Non-Compliant Driver License. Every applicant must furnish both primary documentary documentation to show proof of identity [47 O.S. § 6-106(A)(3)], to include whether the applicant is a United States citizen, foreign national or a legal permanent resident alien [21 O.S. § 1550.42(B)], and secondary documentary proof of identity [47 O.S. § 6-106(A)(3)] and proof of full legal name and birth date beyond any reasonable doubt when applying for an initial Oklahoma driver license [47 O.S. § 6-101(L)]. Any document furnished must be either an original document or a certified copy of an original document issued by the proper authority; notarized documents will not be accepted. Any document presented shall be unexpired unless otherwise noted in this Section. Any document whose authenticity cannot be verified, or that has been or appears to have been duplicated, traced over, mutilated, defaced, tampered with, or altered in any manner or that cannot be read by the Driver License Examiner shall not be accepted or used for identification purposes. All identification documents must be approved by the Driver License Examiner before acceptance. The Driver License Examiner may, at his or her discretion, request additional identification documentation of the applicant.

(1) Primary proofProof of identification for original issuance to a United States citizen. The following shall be presented by the applicant as primary proof of identification for a citizen of the United States:

(A) A certified birth certificate, as issued by the appropriate state agency from the state of birth. A certified birth certificate issued by a city or county may be accepted if it is issued on secure document paper and if the certificate either is from a state which the Department has verified authorizes the issuance of birth certificates certified by a city or county or contains a statement indicating the record is a copy of the facts on file with the state agency responsible for maintaining and certifying vital records. The birth certificate shall include the person's name, date of birth, and sex, shall be signed and sealed, and shall include the certificate number. The following documents are not acceptable:

(i) a hospital birth certificate or record,
(ii) a birth registration, or
(iii) an abstract of birth, unless the abstract is issued on secure document paper and contains the following statement " I hereby certify that this abstract of birth facts has been provided to this office by the Department of Health, Bureau of Vital Statistics, from a document officially in its custody"

(B) A United States passport,
(C) For a United States citizen who is born in another country, a certification issued by the United States Department of State,
(D) For a naturalized citizen of the United States, a Certificate of Naturalization issued by the United States Citizenship and Immigration Service. The name on the document must be the same as the name used by the applicant on the driver license or identification card Oklahoma REAL ID Compliant or REAL ID Non-Compliant credential, and for every person born in another country and adopted as a minor child by a United States citizen parent, a Certificate of Citizenship issued by the United States Citizenship and Immigration Service,
(E) An Oklahoma driver licenseOklahoma REAL ID Compliant or REAL ID Non-Compliant credential issued by the Department of Public Safety when legal presence has been noted in record on or after November 1, 2007,
(F) A State of Oklahoma identification card issued by the Department of Public Safety when legal presence has been noted in record on or after November 1, 2007, or
(G) If none of the forms of identification listed in this paragraph are available, any other documentation as approved by the Driver License Examiner Supervisor, Administrative Officer or Director. The Driver License Examiner shall list the approved documentation on the DL-10application form.

(2) Primary proofProof of identification for renewal or replacement issuance to a United States citizen. The following shall be presented by the applicant as primary proof of identification for a citizen of the United States:

(A) Finger image comparison, if a Department-generated finger image algorithm is already on file with the Department, or
(B) Any primary proof of identification listed in (1) of this subsectionSection.

(3) Primary proof Proof of identification for original, renewal, or replacement issuance to a foreign national or legal permanent resident alien. As primary proof of identification and proof of lawful presence in the United States for a foreign national or legal permanent resident alien, an applicant shall present, in person, valid documentary evidence of one of the following:

(A) A passport issued by a country other than the United States and I-94 card, when applicable. The name on the passport shall be the same as the name used by the applicant on the driver license or identification card. An I-94 card, which shall be accompanied by the applicant's passport when applicable, shall not be considered a separate identification document. The following documents or passport classifications shall be accepted for the purpose of issuing a driver license or identification card:

(i) I-766 Employment Authorization Card,
(ii) I-551 Resident Alien/Permanent Resident Card [see (B)],
(iii) Temporary I-551,
(iv) A-1,
(v) A-2,
(vi) A-3,
(vii) DA,
(viii) E-1,
(ix) E-2,
(x) F-1, with Form I-20,
(xi) F-2, with Form I-20,
(xii) G-1,
(xiii) G-2,
(xiv) G-3,
(xv) G-4,
(xvi) G-5,
(xvii) H-1A,
(xviii) H-2A,
(xix) H-1B,
(xx) H-2B,
(xxi) H-3,
(xxii) H-4,
(xxiii) I,
(xxiv) J-1, with IAP-66 or DS-2019,
(xxv) J-2 (dependent of J-1 holder, must be accompanied by J-1 holder),
(xxvi) K-3,
(xxvii) K-4,
(xxviii)L-1(a/b),
(xxix) L-2,
(xxx) M-1, with I-20,
(xxxi) M-2 (dependent of M-1 holder, must be accompanied by M-1 holder),
(xxxii) NATO-1,
(xxxiii) NATO-2,
(xxxiv) NATO-3,
(xxxv) NATO-4,
(xxxvi) NATO-5,
(xxxvii) NATO-6,
(xxxviii) NATO-7,
(xxxix) O-1
(xl) O-2
(xli) O-3
(xlii) P-1
(xliii) P-2
(xliv) P-3
(xlv) P-4
(xlvi) Q-1
(xlvii) R-1
(xlviii) R-2
(xlix) T-1
(l) T-2
(li) T-3
(lii) T-4
(liii) TC, with I-94 or letter form I-797,
(liv) TN-1,
(lv) TN-2,
(lvi) TD,
(lvii) V-1,
(lviii) V-2,
(lix) V-3; or

(B) A permanent resident alien registration card issued by the United States Citizenship and Immigration Service (USCIS) which shall include the full, legal name, sex, and date of birth of the person identified on the card. The full, legal name, sex, and date of birth on the card shall be the full, legal name, sex, and date of birth used by the applicant on the driver license or identification card. A permanent resident alien registration card holder shall be allowed to renew his or her driver license or identification card at a motor license agency, provided, no changes are made to the full, legal name, sex, or date of birth. If, pursuant to 8 C.F.R., Section 264.5, a permanent resident alien registration card holder requests a name, sex, or date of birth change to his or her driver license or identification card, the changes shall be made at a driver license exam site with the applicant showing approved documentation provided by USCIS verifying the changes; or

(C) If none of the forms of identification listed in this paragraph are available, any other documentation as approved by the Driver License Examiner Supervisor, Administrative Officer or Director. The Driver License Examiner shall list the approved documentation on the DL-10application form.

(D) A pending application for any of the above documents shall not satisfy the requirements of this rule and shall not be acceptable for issuance of an original, renewal, or replacement identification card or driver license. Provided, this provision shall not apply to the following:

(i) A pending or approved application for asylum in the United States; or
(ii) A pending or approved application for temporary protected status (TPS) in the United States; or
(iii) A pending application for adjustment of status to legal permanent residence status or conditional resident status.

(4) Secondary proof of identification. The following shall be presented by the applicant asare secondary proofproofs of identification accepted by the Department until October 31, 2019 and shall contain the name of the applicant:

(A) Any primary proof of identification listed in paragraphs (1), (2), or (3), as applicable, of this subsection which is not used as the primary proof of identification document of the applicant,
(B) For any person under the age of 18, an affidavit provided by the Department and signed by the parent or legal guardian,
(C) Photo identification card that is issued by an Oklahoma:

(i) public, private, or parochial secondary school,
(ii) institution of higher education,
(iii) technology center school, or
(iv) employer,

(D) Oklahoma gun permit,
(E) Pilot license,
(F) Oklahoma lifetime hunting or fishing license,
(G) Oklahoma voter identification card,
(H) Social Security card,
(I) Health insurance card,
(J) Motor vehicle registration or title,
(K) Marriage certificate,
(L) Separation or divorce judgment,
(M) High school, technology center school, college, or university diploma
(N) Professional degree, certificate, or license,
(O) Deed or title to property in Oklahoma, including a burial plot deed,
(P) Health, life, or home insurance policy issued to the applicant,
(Q) Automobile insurance policy or security verification form issued to the applicant,
(R) A valid U.S.D.O.T. health card, as required by 49 C.F.R. Part 391,
(S) Digital photograph comparison, if a Department-generated digital photograph is already on file with the Department,
(T) Identification documents issued by the United States Armed Services:

(i) Military discharge (DD-214), unless specified not to be used for identification,
(ii) Military identification card, or
(iii) Military dependent identification card,

(U) United States Bureau of Indian Affairs identification card or a Oklahoma tribal photo identification card, approved by the Department of Public Safety (the Department shall maintain on its website a list of tribes which comply with this provision), which identifies the person and includes the following information:

(i) color photograph of the person,
(ii) full legal name of the person,
(iii) birth date of the person,
(iv) signature of the person,
(v) signature of person who verifies records, and
(vi) tribal seal,

(V) Expired Oklahoma Driver License,
(W) Expired Oklahoma Identification Card,
(X) Oklahoma Tax Commission Agricultural Exemption Permit (tax exempt card),
(Y) Department of Corrections cards including:

(i) Department of Consolidated Record Card
(ii) Department of Corrections Inmate Identification Card,

(Z) Transportation Worker Identification Credential (TWIC card)
(AA) Out-of-State driver license, or
(BB) If none of the forms of identification listed in this paragraph are available, any other documentation as approved by the Driver License Examiner Supervisor, Administrative Officer or Director. The Driver License Examiner shall list the approved documentation on the DL-10application form. After November 1, 2019, the Department will not require secondary proof of identification.

(5) Additional identification requirements. The Department may require additional identification documents:

(A) when the Department is unable to determine the reliability or validity of the identification document(s) presented, or
(B) as provided in OAC 595:10-1-35.
(C) All persons acting as an interpreter must be eighteen (18) years of age or older and must supply proof of legal presence in the United States and a driver license or identification card issued by any state and must sign an affidavit provided by and filled out by Department personnel.

(d) Driver license numbers.

(1) Driver license numbers shall be assigned by computer. Use of the applicant's Social Security number SSN as the driver license number is prohibited [47 O.S. § 6-106(B)]; provided, every applicant shall provide the Department with the Social Security number of the applicant [47 O.S. § 6-106(B),12], which shall be verified before a driver license shall be issued to the applicant. Verification shall be accomplished using the Social Security On-line Verification (SSOLV) system. The Department shall refer any applicant to the Social Security Administration SSA whenever the Social Security number SSN cannot be verified for the applicant.
(2) Any licensee may request to change his or her driver license number to any nine-digit number which is not in use or has not been previously used by making a written request to the Department. Upon approval by the Department, the licensee shall obtain a replacement driver license from a motor license agent, and the licensee shall pay the required fee for the replacement license [OAC 595:10-1-18]

PART 3. DRIVER LICENSE RENEWAL


595:10-1-10. Procedure for obtaining a renewal driver license

(a) General requirements. During the month of expiration or as provided in (d) of this Section, each licensee shall present proper identification and pay the required fee to a Motor License Agent or to the Driver License Services Division of the Department of Public Safety for renewal of the driver license of the licensee. Failure to renew a driver license by the end of the month of expiration shall not relieve the person of the obligation to renew his or her driver license under the provisions required by law and this Section if the person wishes to keep his or her driver license in force.

(b) Required identification.

(1) Renewal with valid and unexpired Real ID Non-Compliant driver license. The valid and unexpired Class D license provided as the primary identification, as prescribed in OAC 595:10-1-3(c)(3), may be retained by the licensee, after the motor license agentMotor License Agent or Driver License Examiner has first punched a hole through the identification number of the license or cut off the bottom right corner of the card. The person shall also provide secondary identification as prescribed in OAC 595:10-1-3(c)(4).
(2) Renewal with ana Real ID Non-Compliant expired driver license. The expired Class D driver license provided as the primary identification may be retained by the licensee, after the motor license agentMotor License Agent or Driver License Examiner has first punched a hole through the identification number of the license or cut off the bottom right corner of the card. The personlicensee shall provide primary identification as prescribed in OAC 595:10-1-3(c)(3), as appropriate. Any customerlicensee with a license expired more than one (1) year  past the expiration date and the original issue date was before 11/01/2007 must show proof of legal presence in this country unless legal presence has previously been noted in Department records. If the motor license agent'sMotor License Agent's operator is not Birth Certificate certified or REAL ID certified the customer must go to an agent who is certified or they must see a Driver License Examiner.
(3) Renewal without driver license. Any person who does not have the valid and unexpired driver license shall provide identification as prescribed in OAC 595:10-1-3(b) for a Real ID Compliant or 595:10-1-3(c) for a Real ID Non-Compliant driver license.
(4) Renewal of a Real ID Compliant Driver License. The customerlicensee must surrender the Real ID Compliant driver license if available [Title 47 §6-101(T)] and provide identification as required in OAC 595:10-1-3(b).

(c) Vision examination. Persons holding a commercial driver license shall, upon renewal, meet the vision standards established in OAC 595:10-5-7 and 49 C.F.R. § 391.41.

(d) Limitations to issuance of a renewal driver license.

(1) A renewal driver license will be issued only to an individual whose driving privilege is not under suspension, revocation, disqualification, cancellation or denial and who complies with this Section.
(2) Any customerlicensee who requests a renewal of his or her driver license when the license has been expired in excess of three (3) years is required to appear before a Driver License Examiner, pursuant to OAC 595:10-1-2.

(e) Early renewal of a driver license. Any licensee may renew his or her driver license no more than one (1) year prior to the expiration date. A renewal which occurs more than one (1) year prior to the expiration date shall be treated as a replacement under the provisions of OAC 595:10-1-18.

(f) Change of driver license number.

(1) Use of the licensee's Social Security numberSSN as the driver license number is prohibited. At the time of renewal, any licensee whose driver license number is his or her Social Security number shall inform the Department or the motor license agentMotor License Agent of that fact. If the numbers are the same, a new driver license number will be assigned for the licensee by computer [47 O.S. § 6-106(B)].
(2) Any licensee may request to change his or her driver license number to any nine-digit number by making a written request to the Department. Upon approval by the Department, the licensee shall obtain a replacement driver license from a motor license agentMotor License Agent, and the licensee shall pay the required fee for the replacement license [see OAC 595:10-1-18 regarding replacement driver licenses].

(g) Persons who may appear before a motor license agent. An individual, who has previously held an Oklahoma Class D driver license that has been surrendered to another state in exchange for the other state's license, may apply directly to a motor license agentMotor License Agent for reactivation of the previous Oklahoma Class D license, upon establishing Oklahoma residence and following the applicable procedure for renewal. The agent shall call the Driver License Services Division and request clearance to issue the license. Any customer with a license expired more than one (1) year past the expiration date and the original issue date was before 11/01/2007 must show proof of legal presence in this country unless legal presence has previously been noted in Department records. If the motor license agentMotor License Agent's operator is not Birth Certificate certified or Real ID Certified the customer must go to an agent who is certified or they must see a Driver License Examiner. If the clearance is given by the Department, the person shall surrender the out of state license to the agent, and the agent shall issue the Oklahoma license. In no case shall the out of state driver license be retained by the personwhen an Oklahoma license has been issued to the person. The agent shall retain the license and submit it to the Department with the agent's report. If clearance is not given, the person shall be informed to contact the state whose action is causing the clearance to be withheld.

(h) Persons unable to appear due to medical situation. An individual, who is an Oklahoma resident and who is located within the state, may declare in writing to the Department that, because of a medical reason or condition, he or she is unable to appear in person to renew his or her driver license, in which case the Department shall issue by mail an identification card to the person and shall not issue a driver license. The driver license shall be surrendered by the individual to the Department prior to issuance of the identification card. The individual shall provide identification as prescribed in OAC 595:10-1-3(b) for a Real ID Compliant or 595:10-1-3(c) for a Real ID Non-Compliant credential. A noncompliantREAL ID Non-Compliant driver license cannot be surrendered for a REAL ID compliantCompliant identification card. A REAL ID compliantCompliant identification card shall not be issued if there is any material change in any personally identifiable information since prior issuance and the Department of Public Safety shall take an updated photograph of the customer, no less frequently than everysixteen (16) years.

(i) Renewing driver license - not in person. The Department may create an alternative method where any Oklahoma Class D driver license holder may apply to the Department of Public Safety to renew his or her Class D driver license without appearing in person as provided in this Section.

(1) The Class D driver license holder shall make application online, when such process is made available, or in writing to the Department and shall submit to the Department:

(A) copies of documentary evidence of the customer's name and date of birth as required by OAC 595:10-1-10 (documents sent for verification will not be returned; therefore, original documents should not be sent). If a material change is requested for a Real ID Non-Compliant driver license, the original or certified copies of the required documents must be submitted. A material change means any change to the personally identifiable information of an individual, such as their name or driver license number. If the customer wants these documents returned they are to enclose a self-addressed, stamped envelope. A material change does not include a change of address;
(B) A Real ID Compliant license requiring a material change must be done in person;
(C) the customer's Class D driver license number;
(D) both the Oklahoma residence address, and Oklahoma mailing address, or temporary mailing address with the expiration date of the temporary mailing address. If an expiration date is not provided for the temporary mailing address, the system will default to an expiration date of thirty (30) days from the issuance of the Oklahoma credential. If the address is different than the address on record at the Department, the customer must submit a change address request to the Department online at https://www.dps.state.ok.us/addresschange/card;
(E) the number of a nationally-recognized credit card and authorization for the required fee for the renewal Class D driver license to be paid by the customer to the Department using the credit card; and
(F) the customer'sapplicant's signature.

(2) Submission of the items required in (1) shall be made in one of the following manners:

(A) online application: https://ok.gov/dps/dlrenewal/, or
(B) by first class mail: Department of Public Safety, PO Box 11415, Oklahoma City, OK 73136.

(3) Method of payment shall be made:

(A) online: if you are submitting your application online you may only pay by credit card.
(B) by mail: if the customer is submitting their application by mail they must include a in the form of a cashier's check or money order along with the required documents. No personal checks or other forms of payment will be accepted.

(4) If the Department approves the renewal Class D driver license without appearing in person, pursuant to the requirements of this chapter, and: if the digital photograph and digital signature of the customer are available from the files of the Department, the Department shall create the renewal Class D driver license using that photo and signature.
(5) The Department may mail the renewal Class D driver license only to a customer who is temporarily residing out of state to the out of state address provided by the licensee. The licensee shall provide a pre-paid self -addressed stamped envelope.
(6) If the Department denies the renewal Class D driver license to the customer pursuant to this Section, the Department shall notify the customer in writing of the denial, the reason for the denial, return any payment submitted by the customer, and the customer shall be required to appear in person for the renewal of the Class D driver license.
(7) A renewal Class D driver license without appearing in person shall be approved for no more than three (3) consecutive renewals or replacements of such license. A fourth consecutive renewal or replacement must be done in person.

PART 7. IDENTIFICATION CARDS


595:10-1-25. Procedure for obtaining an identification card

(a) A person wishing to obtain an identification card shall appear before a Driver License Examiner, or, if the applicant has been issued a computerized format (digital) driver license for at least thirty (30) daysa valid and unexpired Oklahoma driver license, may appear before a motorMotor licenseLicense agentAgent. When applying for a RealREAL ID Compliant Identificationidentification card, the applicant shall be required to furnish the same acceptable means of identification and other documents as when applying for a driver license (including a valid social security number) as prescribed in OAC 595:10-1-3(b). A RealREAL ID Compliant Identificationidentification card cannot be issued if the applicant has a RealREAL IdID Compliant Driverdriver license. When applying for a RealREAL ID Non-compliantNon-Compliant identification card the applicant must provide the same acceptable means of identification as required  when applying for a RealREAL ID Non-compliantNon-Compliant driver license as prescribed in OAC 595:10-1-3(c). Unless unless the cardholder provides a valid and unexpired Oklahoma driver license which shall serve as both primary and secondary identification for the purposes of obtaining ana RealREAL ID Non-compliantNon-Compliant Oklahoma identification card [47 O.S. § 6-106(G)] and complete the application form unless the applicant has been previously issued an original Oklahoma driver license on or after November 1, 2007.

(b) If appearing before a Driver License Examiner, the Examiner will complete and, if appropriate, will approve the identification card application. A DL-10The approved application form will be processed for the applicant. The applicant shall take the DL-10approved application form, along with the identification presented to the Driver License Examiner at application time, to a motorMotor licenseLicense agentAgent or the Department and pay the required fee. If applicant is under age eighteen (18) and has not been issued a computerized format (digital) driver license for at least thirty (30) days, may submit a notarized affidavit signed by a custodial legal parent or legal guardian in lieu of custodial legal parent or legal guardian appearing in person and signing application [47 O.S. § 6-105.3(A)].

(c) When appearing before a motorMotor licenseLicense agentAgent, the agentAgent shall process the application for the applicant, collect the required fee from the applicant, and issue the temporary identification card to the applicant.

(d) An identification card may be issued as prescribed in OAC 595:10-1-10(h) and 10-1-18(g).

(e) Identification card numbers will be assigned by computer. The Use use of the applicant's Social Security numberSSN on the identification card is prohibited [47 O.S. §§ 6-105(H) and 6-106(B)].

(f) An individual, who is an Oklahoma resident and who is located within the state, may declare in writing to the Department that, because of a medical reason or condition, he or she is unable to appear in person to renew his or her identification card, in which case the Department shall issue by mail ana RealREAL ID Non-compliantNon-Compliant identification card to the person. The individual shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(c) unless the cardholder provides a valid and unexpired Oklahoma driver license which shall serve as both primary and secondary identification for the purposes of renewing the Oklahoma identification card [47 O.S. § 6-106(G)].

595:10-1-26. Procedure for obtaining a renewal identification card

(a) General requirements. During the month of expiration or as provided in (c) of this Section, any identification card holder, who wishes to keep his or her identification card in force, may present proper identification to a motorMotor licenseLicense agencyAgent and pay the required fee to a Motor License Agent or to the Driver License Services Division of the Department of Public Safety. REAL ID Non-Compliant Identification cards issued to individuals who have attained the age of 65 or older are issued for an indefinite period of time and are not subject to this Section. Failure to renew an identification card during the month of expiration shall not relieve the person of the obligation to renew the identification card under the provisions required by law and this Section if the person wishes to keep the identification card in force.

(b) Required identification.

(1) Renewal with expiring or expired identification card. The expiring or expired RealREAL ID Non-compliantNon-Compliant identification card provided as the primaryproof of identification may be retained by the cardholder, after the motor license agent has first punched a hole has been punched through the identification number of the card or has cut off the lower right corner of the card has been cut off by either a Motor License Agent or a Driver License Examiner. The person shall provide secondary identification for a Real ID Non- Compliant card as prescribed in OAC 595:10-1-3(c)(4).
(2) Renewal without identification card. Any person who does not have the expiring or expired identification card shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b) for a RealREAL ID Compliant identification card or OAC 595:10-1-3(c) for a RealREAL ID Non-Compliant identification card.

(c) Early renewal of an identification card. Any identification card holder may renew his or her identification card not more than one (1) year prior to the expiration date. A renewal which occurs more than one (1) year prior to the expiration date shall be treated as a replacement under the provisions of OAC 595:10-1-27.

(d) Change of identification card number. Use of the cardholder's Social Security numberSSN as the identification card number is prohibited.

(e) Persons who may appear before a motor license agent. An individual who has previously held an Oklahoma identification card may apply directly to a motorMotor licenseLicense agencyAgent for renewal of the previous Oklahoma identification card, upon establishing Oklahoma residence and following the applicable procedure for renewal.

(f) Renewing identification card - not in person. The Department may create an alternative method where any Oklahoma Identification card holder may apply to the Department of Public Safety to renew his or her Identificationidentification card without appearing in person as provided in this Section.

(1) The Identification card holder shall make application online, when online application is made available by the Department, or in writing to the Department and shall submit to the Department:

(A) copies of documentary evidence of the customer's name and date of birth, and
(B) the customer's Identification card number, and
(C) both the Oklahoma residence address, and Oklahoma mailing address, with the specification as to which address is to be displayed on the identification card (display of both the residence address and mailing address, or any combination thereof, is prohibited; provided, this subsection shall not be construed to prohibit display of a residence address if it is also the mailing address); provided, if the address is different than the address on record at the Department, the customer must submit a change address request to the Department online at https://www.dps.state.ok.us/addresschange/cardtemporary mailing address with the expiration date of the temporary mailing address. If an expiration date is not provided for the temporary mailing address, the system will default to an expiration date of thirty (30) days from the issuance of the renewed Oklahoma credential.
(D) the application for renewal without appearing in person shall be denied by the Department, and
(E) the number of a nationally-recognized credit card and authorization for the required fee for the renewal Identification card to be paid by the applicant to the Department using the credit card; and
(F) the customer's signature.

(2) Submission of the items required in (1) shall be made in one of the following manners:

(A) online application, when online application is made available by the Department: www.ok.gov/dps, or
(B) by first class mail: Department of Public Safety, PO Box 11415, Oklahoma City, OK 73136

(3) Method of payment:

(A) online: if you are submitting yourthe application is submitted online, you may only paypayment must be made by credit card.
(B) by mail: if the applicant is submitting their application is submitted by mail, theypayment in the form of must include a cashier's check or money order must be included along with the required documents. No personal checks or other forms of payment will be accepted.

(4) If the Department approves the renewal Identificationidentification card without appearing in person, pursuant to the requirements of this chapter, and: if the digital photograph and digital signature of the applicant are available from the files of the Department, the Department shall create the renewal Identificationidentification card using that photo and signature. A renewal of a REAL ID compliantCompliant identification can only be renewed by mail if there are no material changes requested.

(5) The Department may mail the renewal Class D driver license identification card only to a customer who is temporarily residing out of state to the out of state address provided by the licensee. The licensee shall provide a pre-paid self -addressed stamped envelope.

(6) If the Department denies the renewal identification card to the applicant pursuant to this Section, the Department shall notify the applicant in writing of the denial, the reason for the denial, return any payment submitted by the customer, and the customer shall be required to appear in person for the renewal Identificationidentification card.

(7) A renewal Identification card without appearing in person shall be approved only when the immediately previous renewal was in person. A renewal or replacement may be requested up to three consecutive times.A renewal or replacement may be requested up to three (3) consecutive times. The card holder must appear in person before a Driver License Examiner or Motor License Agent at the time of renewal after the previous three (3) renewals by mail.

595:10-1-27. Procedure for obtaining a replacement identification card

(a) General requirements. Any person requiring a replacement identification card because the card was lost, stolen, or mutilated or because information on the card needs to be changed may request a motorMotor licenseLicense agencyAgent or the Department to issue a replacement, upon presentation of proper identification and payment of the required fee.

(b) Required identification to replace lost, stolen, or mutilated identification card. Any person shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b) for a RealREAL ID Compliant identification card and OAC 595:10-1-3(C) for a RealREAL ID NoncompliantNon-Compliant identification card.

(c) Required identification to change information and replace an identification card.

(1) Name change. Any person who requests a replacement identification card in order to make a name change must comply with the primary and secondary identification requirements prescribed in OAC 595:10-1-3(b) for a RealREAL ID Compliant Identification card and OAC 595:10-1-3(C) for a RealREAL ID NoncompliantNon-Compliant identification card in order to identify the person by his or her former name and with OAC 595:10-1-35 in order to identify the person by his or her new name. The former name shall be entered into the " Alias" field in the identification card database to provide historical information to the Department. The person requesting the name change for a RealREAL ID NoncompliantNon-Compliant card may retain the old card, if it is available, after the motor license agent has first punched a hole has been punched through the identification number of the card or has cut the lower right corner of the card has been cut by a Motor License Agent or a Driver License Examiner.

(2) Address change. Any person who requests a replacement identification card in order to make an address change shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b) for a RealREAL ID Non-compliant Compliant identification card and OAC 595:10-1-3(C) for a RealREAL ID NoncompliantNon-Compliant identification card. The person requesting the address change for a RealREAL ID NoncompliantNon-Compliant identification card may retain the old card, if it is available, after the motor license agent has first punched a hole has been punched through the identification number of the card or has cut the lower right corner of the card has been cut by a Motor License Agent or Driver License Examiner. An address change shall be made only to an Oklahoma address. The customer must provide the Department of Public Safety approved documentation for proof of residency for a RealREAL ID Compliant identification card.

(3) Physical Sex change. The cardholder shall show an original or certified court order for name change, if applicable, and a notarized statement on letterhead from the physician who performed the sex change operation indicating the customer or licensee has undergone a complete physical sex change. The letter shall state the sex change is "irreversible and permanent". The cardholder shall also show proof of former legal name, if applicable. The former name shall be entered into the "Alias" field in the identification card database to provide historical information to the Department. The person requesting the information change for a RealREAL ID NoncompliantNon-Compliant card may retain the old card, if it is available, after the motor license agent has first punched a hole has been punched through the identification number of the card or has cut the lower right corner of the card has been cut by a Motor License Agent or Driver License Examiner.

(4) Psychological Sex Change Due to Gender Dysphoria. The cardholder shall show an original or certified court order or birth certificate for gender change and also for a name change, if applicable, and a notarized statement on letterhead from a mental health professional who has diagnosed this condition. The cardholder shall also show proof of former legal name, if applicable. The former name shall be entered into the "Alias" field in the identification card database to provide historical information to the Department. The person requesting the information change for a RealREAL ID NoncompliantNon-Compliant identification card may retain the old card, if it is available, after the motor license agent has first punched a hole has been punched through the identification number of the card or has cut the lower right corner of the card has been cut by a Motor License Agent or Driver License Examiner.

(d) Change of identification card number. Use of the cardholder's Social Security numberSSN as the identification card number is prohibited.

(e) Persons who may appear before a motor license agent. An individual who has previously held an Oklahoma identification card may apply directly to a motorMotor licenseLicense agencyAgent for replacement of the previous Oklahoma identification card, upon establishing Oklahoma residence and following the applicable procedure for replacement.

(f) Replacing identification card - not in person. The Department may create an alternative method where any Oklahoma Identification card holder may apply to the Department of Public Safety to replace his or her Identificationidentification card without appearing in person as provided in this Section.

(1) The Identification card holder shall make application online, when online application is made available by the Department or in writing to the Department and shall submit to the Department:

(A) copies of documentary evidence of the customer's name and date of birth, as required by OAC 595:10-1-10 (documents sent for verification will not be returned; therefore, original documents should not be sent). If a material change is requested, the original or certified copies of the required documents must be submitted. A material change means any change to the personally identifiable information of an individual, such as their name, address, or driver license number. A RealREAL ID Compliant identification card may not be issued by mail if there is a material change. A material change does not include a change of address, and
(B) the customer's Identification card number, and
(C) both the Oklahoma residence address, and Oklahoma mailing address., with the specification as to which address is to be displayed on the identification card (display of both the residence address and mailing address, or any combination thereof, is prohibited; provided, this subsection shall not be construed to prohibit display of a residence address if it is also the mailing address); provided, if the address is different than the address on record at the Department, the application for replacement without appearing in person shall be denied by the Department, if the address is different than the address on record at the Department, the customer must submit a change address request to the Department online at https://www.dps.state.ok.us/addresschange/card andtemporary mailing address with the expiration date of the temporary mailing address. If an expiration date is not provided for the temporary mailing address, the system will default to an expiration date of thirty (30) days from the issuance of the renewed Oklahoma credential.
(D) the number of a nationally-recognized credit card and authorization for the required fee for the replacement Identificationidentification card to be paid by the customer to the Department using the credit card; and
(E) the customer's signature.

(2) Submission of the items required in (1) shall be made in one of the following manners:

(A) online application, when online application is made available by the Department: www.ok.gov/dps, or
(B) by first class mail: Department of Public Safety, PO Box 11415, Oklahoma City, OK 73136

(3) Method of payment:

(A) online, when online application is made available by the Department: if youthe customer areis submitting youthe application online, youthe customer may only pay by credit card.
(B) by mail: if the customer is submitting theirthe application by mail, theirthe payment in the form of must include a cashier's check or money order must be included along with the required documents. No personal checks or other forms of payment will be accepted.

(4) If the Department approves the replacement of the Identificationidentification card without appearing in person, pursuant to the requirements of this chapter, and: if the digital photograph and digital signature of the customer are available from the files of the Department, the Department shall create the replacement Identificationidentification card using that photo and signature,
(5) The Department may mail the temporary renewal Class D driver licenseOklahoma identification card only to a customer who is temporarily residing out of state to the out of state address provided by the licensee. The licensee shall provide a pre-paid self -addressed stamped envelope. The permanent cardOklahoma identification card will be mailed to the out-of-state address provided.
(6) If the Department denies the replacement Identificationidentification card to the customer pursuant to this Section, the Department shall notify the customer in writing of the denial, the reason for the denial, return any payment submitted by the customer, and the customer shall be required to appear in person for the replacement Identificationidentification card.
(7) A replacement Identification card without appearing in person shall be approved only when
the immediately previous renewal was in person. A renewal or replacement may be requested up
to three (3) consecutive times.

(g) Person who may appear before a motor license agent. An individual who has previously held an
Oklahoma identification card may apply directly to a motorMotor licenseLicense agencyAgent for
replacement of the previous Oklahoma identification card, upon establishing Oklahoma residence and
following the applicable procedure for replacement.
(e) Person who may appear before a motor license agent. An individual who has previously held an
Oklahoma identification card may apply directly to a motor license agent for replacement of the
previous Oklahoma identification card, upon establishing Oklahoma residence and following the
applicable procedure for replacement. 

PART 9. CHANGE OF NAME ON A DRIVER LICENSE OR IDENTIFICATION CARD


595:10-1-35. Procedure to make a change of name on a driver license or an identification card

(a) Procedure. Any person may request a change of name on a driver license or identification card upon providing the appropriate identification and paying the required fee to a Motor License Agent or to the Department of Public Safety.
(b) Name changes allowed. Name changes must result from :

(1) a marriage;
(2) a court order; or
(3) using a valid, unexpired U.S. Passport. A person requesting a legitimate name change shall submit, without exception, the certified document which indicates the name change.

(c) Documentation required. A person requesting a name change using a marriage certificate, common law affidavit or court order shall comply with the primary and secondary identification requirements in OAC 595:10-1-3(b) in order to identify the person by his or her former name and OAC 595:10-1-18 in order to identify the person by his or her new name. The required documents for a name change shall include:

(1) Court-ordered name change, which shall be in addition to the primary and secondary forms of identification required by OAC 595:10-1-3(b). Only the following types of court orders may be considered when a name change is requested:

(A) divorce decree,
(B) adoption decree,
(C) name change decree, or
(D) establishment of record of birth, pursuant to 63 O.S., Section 1-315,

(2) Marriage certificate, which may serve only as the secondary form of identification required by OAC 595:10-1-3(b). For a marriage certificate issued in Oklahoma, the name change shall be to the name signed by the person on the marriage certificate, or
(3) For a common law marriage, "Affidavit of Common Law Marriage" containing the notarized signatures of the husband and wife. Both primary and secondary forms of identificationIdentification as prescribed in OAC 595:10-1-3(b) must be submitted in addition to this affidavit.
(4) REAL ID Compliant credential issued by another state, or
(5) A valid military identification card.

(d) Form of new name. A name change resulting from marriage, court order or divorce shall appear on the driver license or identification card exactly as stated on the Oklahoma marriage certificate, court order or divorce decree. If the marriage certificate is from a state other than Oklahoma, the names shall be in one of the following forms:

(1) Surname of spouse], [first name] [middle name or initial],
(2) Surname of spouse], [first name] [former surname or initial],
(3) Surname-surname of spouse] [first name] [middle name or initial], or
(4) Surname of spouse-surname], [first name] [middle name or initial].

(e) Titles or ecclesiastical names. Titles or ecclesiastical names will not be placed on a driver license or an identification cardan Oklahoma credential.
(f) Retention of information. The former name shall be entered into the "Alias" field in the driver license or identification card database to provide historical information to the Department.

PART 13. MOTOR LICENSE AGENT


595:10-1-50. Identification required

(a) General requirements. Anyone applying for a renewal or replacement driver license or identification card must furnish documentary proof of identity, name, and birth date [47 O.S. §§ 6-114 and 6-115].
(b) Required identification to renew driver licenses and identification cards.

(1) Renewal with expiring or expired driver license or identification card. The expiring or expired driver license or identification card shall be surrendered as the primaryproof of identification. The person must provide secondary identification for a Real ID Non-Compliant license as prescribed in OAC 595:10-1-3(c)(4).
(2) Renewal without driver license or identification card. Any person who does not have the expiring or expired driver license or identification card shall provide both primary and secondaryproof of identification as prescribed in OAC 595:10-1-3(c) for a RealREAL ID Non-Compliant cardcredential or primaryproof of identification as prescribed in OAC 595:10-1-3(b) for a RealREAL ID Compliant cardcredential.

(c) Required identification to replace lost, stolen, or mutilated driver licenses and identification cards. Any person shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b).
(d) Required identification to change information and replace driver licenses and identification cards.

(1) Name change. Any person who requests a replacement driver license or identification card in order to make a name change must comply with the primary and secondary identification requirements prescribed in OAC 595:10-1-3(b), and with OAC 595:10-1-35. The person requesting the name change may retain the old license or card as provided in OAC 595:10-1-57 (e). The motorMotor licenseLicense agencyAgents shall be authorized to change the last name only.
(2) Address change. Any person who requests a replacement driver license or identification card in order to make an address change must provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b). Both the Oklahoma mailing address and the Oklahoma residence address shall be collected by the motorMotor licenseLicense agencyAgent, and the licensee or card holder shall choose which address to be displayed on the license or card. The person requesting the address change may retain the old license or card as provided in OAC 595:10-1-57 (e). An address change shall be made only to an Oklahoma address.
(3) Endorsement or restriction change. Any person who requests a replacement driver license in order to change endorsement or restriction information on the license shall provide a DL-10 form an application issued by the Department, except for the removal of Restriction G. The person requesting the information change may retain the old license as provided in OAC 595:10-1-57 (e).
(4) Emergency contact information. An emergency contact name, address and phone number may be included on the application, which emergency contact may be changed or removed at any time by the licensee or by the emergency contact. The emergency contact information shall be for use by the Department and law enforcement officers only.

(e) Permissible documents. Any document accepted shall be either the original or a certified copy of the primary and secondary identification as prescribed in OAC 595:10-1-3(b).
(f) Unacceptable documents. Any document which has been or appears to have been duplicated, traced over, mutilated, defaced, tampered with or altered in any manner or that can not be read shall not be accepted or used for identification purposes.

PART 19. DRIVER LICENSE AND IDENTIFICATION CARD CONTENT


595:10-1-92. Driving restriction codes

A restriction or restrictions may be placed upon a person's driving privilege as deemed necessary by
the Department [47 O.S. §6-113]. The restriction(s) will appear as a code on the person's driver license.
Following are the various driving restriction codes and their meanings:
(1) 1. Corrective lenses
(2) 2. Left outside rearview mirror
(3) 3. Restriction 1 or 2
(4) 4. Automatic transmission
(5) 5. Turn indicators, power steering, or steering knob
(6) 6. Food, fruit, or candy within reach of driver
(7) 7. Adequate artificial limbs
(8) 8. Detailed restriction - Inquire Oklahoma driver license file (This restriction code is used when
other restrictions are not applicable. A narrative explaining the restriction will appear on the person's
driver license file.)
(9) 9. Accompanied by licensed driver age 21 or older in front seat May operate a class D motor
vehicle only while accompanied by a licensed driver who is at least twenty-one (21) years of age and
who is actually occupying a seat beside the permittee between the hours of 5:00 a.m. and 10:00 p.m.
(10) 0. Motorcycle only - When operating a motorcycle - if under the age 16, restricted to 300cc
motorcycle or motor scooter between the hours of 4:30 a.m. and 9:00 p.m.
(11) A. Regardless of age, when operating a motorcycle must be in view of a person who is licensed to
operate a motorcycle or motor-driven cycle and who is at least 21 years old
(12) E. When operating a commercial motor vehicle, restricted to automatic transmission
(13) G. Inquire of Oklahoma driver license file until age 17 or older
(14) K. CDL intrastate only
(15) L. When operating a commercial motor vehicle, restricted to a vehicle without air brakes
(16) M. When operating a passenger bus, restricted to Class B or C commercial motor vehicle
(17) N. When operating a passenger bus, restricted to a Class C commercial motor vehicle
(18) O. Restricted from operating tractor trailer vehicles
(19) R. Ignition interlock device
(20) V. Medical variance
(21) W. No Passengers (P or S) or Empty/Purged Tank Vehicle (N); provided, this restriction shall be
used only on a commercial learner.
(22) Z. When operating a commercial motor vehicle with air brakes, restricted to air over hydraulic

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) Hill parking (excluding two-wheel and three-wheel vehicles),
(D) Starting on hill (excluding two-wheel and three-wheel vehicles),
(E) Intersection movement and observance,
(F) Lane observance and changing,
(G) Left and right turns,
(H) Pedestrian and vehicle right-of-way,
(I) Proper use of automatic transmission or clutch gear (excluding two-wheel or three-wheel vehicles),
(J) Use of brake and accelerator,
(K) Traffic lights or signals, and
(L) 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) 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) Transmission (automatic or standard): To determine if the individual has the coordination and ability necessary for reasonable control of the vehicle.
(E) Brakes: To determine the individual's skill and physical ability in the proper usage of the brake(s).
(F) Control of speed: To determine the speed the individual maintains relative to speed limits and other traffic.
(G) 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) Driver alertness: To determine whether the individual observes and is aware of situations and circumstances which play an important part in safe driving.
(I) 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) Legal stop: To determine whether the individual observes, understands, and obeys stop signs and traffic signals.
(K) Traffic lights or signs: To determine whether the individual sees, understands, and obeys traffic lights and other signs.
(L) Signals: To determine whether the individual gives the proper signal when driving away from the curb, changing lanes, or turning.
(M) Lane usage: To determine whether the individual has the knowledge and ability to use lanes properly.
(N) Observation: To determine whether the individual observes those things which are necessary for safe driving.
(O) 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) 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) 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) Passenger vehicles other than school buses or vehicles transporting passengers for hire are not required to stop at a railroad crossing.
(S) 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 filled out by the certified instructor 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)].

Last Modified on Oct 15, 2020
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