RULEMAKING ACTION:

Notice of proposed PERMANENT rulemaking.

PROPOSED RULES:

Subchapter 3. Examination
595:11-3-8. Skills Examination [AMENDED]
Subchapter 5. Commercial Driver License Third-Party Examiners [AMENDED]
595:11-5-4. Requirements for certification as a certified school; display of certificate; certification renewal [AMENDED]
595:11-5-5. Requirements for certification as a third-party examiner, display of certificate, certification renewal [AMENDED]
SUMMARY:
The proposed rules adopt a skills examination waiver for certain current and military members. The proposed rules also provide for procedures to request waivers and administer the waiver program. The proposed rules reduce the certification period for certified driver instruction schools to one (1) year. The proposed rules reduce the certification period for third-party examiners to one (1) year.
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 11:00 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.

 

TITLE 595. DEPARTMENT OF PUBLIC SAFETY

CHAPTER 11. COMMERCIAL DRIVER LICENSES

 

SUBCHAPTER 3. EXAMINATION

 

595:11-3-8. Skills examination

(a)    In general. The skills examination shall be administered only after the applicant has successfully passed the written examination, or had it waived if eligible under OAC 595:11-1-13(a), and the vision screening. 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 commercial motor vehicle. The applicant must take the skills test in the type of vehicle for which he or she requests to be licensed. It is the responsibility of the applicant to furnish for the skills examination a commercial motor vehicle in good working order which meets all state laws and federal requirements regarding operability and equipment. A vehicle not equipped with air brakes shall be required to have driving restriction code "L" (Vehicle Without Air Brakes) placed on the license of the applicant, upon approval for the issuance of the commercial driver license.

(2)    The skills examination shall not be administered in a commercial motor vehicle which:

(A)    is transporting hazardous materials or which is required to be placarded for hazardous materials,

(B)    requires an oversize permit under the laws of this state or the rules of the Department of Public Safety,

(C)    was not designed and constructed by the manufacturer with a seating capacity for one or more persons in addition to the driver,

(D)    is not insured as required by 47 O.S. §7-600 et seq.,

(E)    does not have a current license plate unless the vehicle has an unexpired dealer tag or a dated notarized bill of sale not more than five (5) days old.

(F)    is saddle mounted,

(G)    is a wrecker vehicle towing another vehicle,

(H)    is not equipped with seatbelts, if the vehicle was originally manufactured and equipped with seatbelts,

(I)    any vehicle that has components marked or labeled cannot be used for the CDL skills test, or

(J)    any vehicle hauling livestock.

(3)    The applicant has been issued CLP for a minimum of fourteen (14) days. The date of issuance shall not be included.

(4)    On or after February 7, 2022, applicants must be in compliance with the provisions of 49 CFR 380.600 subpart F-Entry Level Driver Training Requirements and meet the curriculum requirements set forth in appendices A through E of part 380.

(b)    Scoring of Basic Control Skills (BCS) examination. The Basic Control Skills scoring procedure shall consist of the content and methods provided in the most recent release of the 2005 American Association of Motor Vehicle Administrators CDL test model. The content is available to the public as provide for in OAC 595:11-3-2. The applicant will be allowed ten (10) minutes per Basic Control Skills (BCS) maneuver to complete the maneuver. In the event the applicant is not able to complete the maneuver in the time allowed, the skills examination will be deemed an automatic failure.

(c)    Content of examination for commercial driver license. The skills examination shall be conducted in conformance with 49 C.F.R., Section 383.

(d)    Retesting.

(1)    An applicant who fails the skills examination for a commercial driver license may be granted the opportunity to retest the following business day.

(2)    The Department shall conduct the skills examination at least one (1) business day apart beginning no sooner than fourteen (14) days (excluding the day of issuance) from the date of issuance of the commercial learner permit.

(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)    Substitute for skills examination. A skills examination may be waived by the Department for an applicant when one of the following requirements is met:

(1)    The applicant is the holder of a valid commercial driver license from one of the fifty (50) states, the District of Columbia, or a Canadian province.

(2)    The applicant is an active member of any branch of the military, Military Reserves or National Guard on active duty, including personnel on full-time or part-time National Guard training, National Guard Military Technicians (civilians who are required to wear a military uniform), and active duty personnel of the U.S. Coast Guard; provided, the person for the two (2) years immediately preceding application for a commercial driver license [49 C.F.R. Parts 383 and 391]:

(A)    can show, with proper documentation, that he or she has operated a representative class commercial motor vehicle,

(B)    certifies that he or she has not been licensed by more than one jurisdiction at the same time,

(C)    certifies that he or she has not had any suspension, revocation, cancellation, denial, or disqualification of driving privileges in the two (2) years immediately preceding the application,

(D)    has not been convicted of any major disqualifying offense, as defined in 47 O.S., §6-205.2,

(E)    has not been convicted more than once of a serious traffic offense, as defined in 47 O.S. §6-205.2, regardless of the type or class of vehicle the offense occurred in, and

(F)    certifies that he or she has not been involved in any collision in which he or she was recorded as being at fault.

(3)  The Military CDL Skills and Knowledge Exam Waiver process, in accordance with 49 C.F.R. §383.77, allows certain trained and experienced military and truck bus drivers to waive both the knowledge and skills test (s) needed to acquire a Commercial Driver’s License (CDL). 

(A)Qualifying Applicants must:

(1) Be current or former members (within one year of separation/retirement) of the military service (including Reserve and National Guard units);

(2) Have received formal military training for that duty. The applicant must certify that, prior to applying for a CDL, he/she:

(a) Has not had more than one license (except for a military license);

(b) Has not had any license suspended, revoked, or cancelled;

(c)Has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in 383.51 (b);

(d) Has not had more than one conviction for any type of motor vehicle for serious traffic violations contained in 383.519(c); and

(e) Has not had any conviction for a violation or military, State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with any traffic accident, and has not record of an accident in which he/she was at fault.

(f) Provide evidence and verify that he/she is or was regularly employed within the last year in a specified military occupation requiring operation of a CMV.

(B) Military occupational/ rating specialties who qualify for the Even Exchange Program are:

(1) US Army  88M, 14T, 92F

(2)Us Air Force 2T1,2F0, 3E2

(3) US Marine Corps 3531

(4) US Navy E0

(C) To be eligible for the Even Exchange, the applicant must:

(1) Meet the basic training and occupational specialty qualifications, and complete the application for an even exchange;

(2) Present a valid active duty military ID Card, (including Natinal Guard and Reserves); or DOD Form DD214

(3) Hold a valid military base driver’s license issued by the State in which the application is made;

(4) Hold a current, valid medical certificate issued by an FMCSA Certified Medical Examiner;

(5) Be domiciled in the State of application;

(6) Meet all other Federal requirements for a CDL, including those listed in 49 CFR 383.

(7) Attest to his/her safe driving history, noted on the front of the application form;

(8) Secure signature by his/her Commanding Officer or designee, verifying the information provided on the application form is accurate.

 

SUBCHAPTER 5. COMMERCIAL DRIVER LICENSE THIRD-PARTY EXAMINERS

 

595:11-5-4. Requirements for certification as a certified school; display of certificate; certification renewal 

(a)    Requirements and application for certification. A school district, technology center school, or a commercial truck driving school may apply for certification as a certified school. The applying school shall meet the following requirements:

(1)    Be actively enrolling students and teaching a formal course of instruction for school bus drivers training as approved by the State Board of Education, or truck driver training as approved by the Oklahoma Board of Career and Technology Education, or a commercial truck driving school.

(2)    Obtain and possess written approval to make application for and be, if approved, a certified school from:

(A)    the State Board of Education, if the school is a school district, or

(B)    the Oklahoma Board of Career and Technology Education, if the school is a technology center.

(C)    the Department of Public Safety, if the school is a commercial truck driving school that has been in operation for at least two (2) years.

(3)    Submit an application to the Department on a form prescribed by the Department [OAC 595:11-5-13].

(4)    Have its on-site examination route or routes examined and approved by the Department of Public Safety CDL Coordinator or his or her designee. A route:

(A)    shall start and end on the premises or property of the certified school, unless otherwise approved by the Department,

(B)    shall meet all state and federal requirements,

(C)    shall not be altered or changed in any manner without first being examined and approved by the Department,

(D)    shall not be replaced by an alternate route unless the alternate route is first examined and approved by the Department. If, during the course of the examination, it is determined that any of the approved routes could not be followed, the third-party examiner shall notify the Department in writing immediately after completing the test as to the reason for the change in route,

(E)    shall not be used to conduct training or practicing for the examination, and

(F)    shall be configured to be at least seventy-five percent (75%) different from any route used for training or practicing.

(5)    Agree to:

(A)    meet minimum examination standards required by the Department and by the Federal Motor Carrier Safety Regulations [49 C.F.R. Part 383];

(B)    allow access to school facilities by the Department and by the Federal Motor Carrier Safety Administration for the purpose of monitoring examinations and examining records;

(C)    comply with the Oklahoma Open Records Act [51 O.S., § 24a.1, et seq.] with regard to records kept pursuant to this Subchapter;

(D)    maintain security of examination documents and related material as deemed necessary by the Department;

(E)    ensure all examinations are administered by a third-party examiner;

(F)    ensure third-party examiners administer the examination only to driver license applicants who:

(i)    have successfully completed a formal course of instruction at the institution where the third-party examiner is employed and certified, or

(ii)    successfully completed a course of instruction at a school district or technology center school in the surrounding counties of the certified school, and

(iii)    have a commercial learner permit and driver license issued by Oklahoma. The commercial learner permit must be issued at least fourteen (14) days prior to testing and the date of issuance shall not be included;

(G)    ensure no person acts as a third-party examiner without current certification from the Department;

(H)    provide immediate written notification to the Department of any impropriety or misconduct of any third-party examiner employed by the school;

(I)    acknowledge that the Department reserves the right to take prompt and appropriate remedial action against the certification of any school or of any third-party examiner in the event that the school or the third-party examiner fails to comply with:

(i)    any state law, Department rule, or federal regulation regarding the examination of an applicant for a commercial driver license, or

(ii)    any terms of the appropriate memorandum of understanding or of a subsequent contract or agreement entered into pursuant to the memorandum of understanding, any terms of the contract or agreement entered into with the Department of Public Safety;

(J)    maintain records of all third-party examiners employed by the school and copies of all documents relating to examinations administered for a period of not less than three (3) years; provided, if a school discontinues doing business, the school shall send to the Department a roster of all students who were administered examinations by the school during the immediately preceding three (3) years;

(K)    immediately notify the Department by telephone, followed by written notification within five (5) days, of the termination of employment of any third-party examiner. The official seal of the Department, the CDL examiner's manual, the score sheet pads and/or testing tablet, and the certificate and identification card issued by the Department to the third-party examiner shall be returned to the Department with the written notification;

(L)    immediately notify the CDL Coordinator of the Department, electronically, by telephone, or first-class mail of every fraudulent application made to obtain a commercial driver license; and

(M)    acknowledge that the Department reserves the right to randomly reexamine applicants tested by third-party examiners for purposes of quality assurance.

(b)    Certification. Upon acceptance and approval by the Department of the application for certification from a school district, technology center school,or any public or private commercial truck driving school, or upon acceptance and approval by the Department of the application for renewal of certification from a certified school, and upon completion to the satisfaction of the Department by the school of all other requirements for certification, the Department shall provide the certified school with a certificate evidencing approval by the Department as a certified school. The certificate shall be posted at the examination location at the certified school and in full view of the public. The certificate shall be valid for four (4) yearsone (1) year.

(c)    Renewal of certification. A certified school may apply for renewal of certification as a certified school. The school shall meet the following requirements:

(1)    Have evidence on file with the Department of a satisfactory on-site inspection conducted by an employee of the Department prior to renewal.

(2)    Employ at least one third-party examiner.

(3)    Submit an application for renewal on a form prescribed by the Department no later than December 1 of the year of expiration [OAC 595:11-5-13].

 

595:11-5-5. Requirements for certification as a third-party examiner, display of certificate, certification renewal 

(a)    Requirements and application for certification. A driver training instructor [see OAC 595:11-7-4 for instructor qualifications] may apply for certification as a third-party examiner. The applicant shall meet the following requirements:

(1)    Meet all the requirements for a Driver License Examiner of the Department [47 O.S.§ 2-106(c) and (d)].

(2)    Complete an application provided by the Department [see OAC 595:11-5-13] and submit a nationwide criminal background check [FMCSR, 49 CFR 384.228(g)] certified within the immediately preceding thirty (30) days and, if the applicant has not lived in Oklahoma for the immediately preceding five (5) years, a criminal background check from the agency responsible for keeping criminal history in the state or states of previous residence.

(3)    Be employed by a certified school.

(4)    Have and maintain throughout the time period to be covered by the certification:

(A)    a valid Oklahoma commercial driver license for the class or classes of vehicle, including any endorsement or endorsements, for which the instructor desires to administer examinations; provided, the applicant shall not be required to have a hazardous materials endorsement (endorsement H),

(B)    in order to administer school bus examinations, a valid School Bus Workshop Instructor Certificate issued by the State Board of Education with three (3) years of instructor experience, and

(C)    in order to administer truck examinations, a valid certificate issued by the Oklahoma Board of Career and Technology Education or the Department showing the applicant has met the current requirements with three (3) years of instructor experience.

(5)    Successfully complete a course of instruction prescribed by the Department [see 595:11-5-6].

(6)    Have full use of both upper and lower extremities.

(7)    Agree to submit examination reports to the Department by electronic means immediately upon completion of each examination.

(8)    Be required to meet at DPS Headquarters with the CDL Coordinator or designee to discuss the program requirements and expectations.

(9)    Submit required initial fee of One Thousand Dollars ($1000.00). If an applicant for the Third-Party Examiner program is employed by a public school, technology center or state entity, the fee may be waived by the Department.

(b)    Ineligibility based upon driving record or criminal record. A driver training instructor shall be deemed to be ineligible for certification as a third-party examiner upon evidence of a record of any of the following convictions:

(1)    Two (2) or more convictions for a moving traffic offense within the twelve (12) months immediately preceding the application, or

(2)    Any alcohol- or drug-related conviction requiring the Department to revoke, suspend, or disqualify the instructor's driving privilege within the five (5) years immediately preceding the application.

(3)    Any conviction for any offense which required or will require the Department to take any type of action against the instructor within the three (3) years immediately preceding the application, including, but not limited to:

(A)    a warning letter, or

(B)    a revocation, suspension, cancellation, denial or disqualification of the instructor's driving privileges.

(4)    Any misdemeanor conviction, except for a misdemeanor conviction for a traffic offense, within the five (5) years immediately preceding the application.

(5)    Any felony conviction within the last ten (10) years in this state or any state or other state or country or any conviction involving fraudulent activities in this state or any other state or country.

(c)    Certification. Upon acceptance and approval by the Department of the application for certification from a driver training instructor, or upon acceptance and approval by the Department of the application for renewal of certification from a third-party examiner, and upon completion to the satisfaction of the Department by the instructor or third-party examiner of all other requirements for certification, the Department shall provide the third-party examiner with:

(1)    a certificate evidencing approval by the Department as a third-party examiner, which shall be posted at the examination location at the certified school and in full view of the public. The certification will be valid for four (4) yearsone (1) year.

(2)    an identification card to be carried by the third-party examiner whenever the examiner is administering an examination.

(3)    an official seal to be used by the third-party examiner to be used as provided in 595:11-5-14.

(4)    If the initial application for approval is denied, a school or applicant may re-apply no more than two (2) times per calendar year.

(5)    Any applicant denied certification under this subsection may request an administrative hearing pursuant to OAC 595:1-3-1 through 595:1-3-20.

(d)    Renewal of certification.

(1)    A certified third-party 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 the expiration year of the certification [see 595:11-5-13],

(B)    submits a nationwide criminal background check certified within the immediately preceding thirty (30) days,

(C)    submits a current copy of the State Department of Education instructor certificate, or a valid certificate issued by the Oklahoma Board of Career and Technology Education confirming instructor certification or a valid certificate issued by the Department confirming instructor certification.

(D)    is currently employed by a certified school,

(E)    currently meets the requirements and standards of the Department as prescribed by this Subchapter,

(F)    administered ten (10) or more full examinations within the twelve (12) months immediately preceding the application for renewal of certification, and

(G)    submits required renewal fee of Five Hundred Dollars ($500.00). If applicant for the Third-Party Examiner program is employed by a public school, technology center or state entity, the fee may be waived by the Department.

(2)    Any driver training instructor who was previously certified as a third-party 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 Third-Party 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 third-party examiner and shall meet all requirements as for an initial application for certification as a third- party examiner.

(4)    Upon any Third-Party Examiner's second failure to meet the requirement to conduct ten (10) or more full examinations within the twelve (12) months immediately preceding the application for renewal of certification, the Third-Party Examiner shall be removed from the Third-Party Examiner Program. The Third-Party Examiner must wait a minimum of one (1) year before reapplying to the Third-Party Examiner Program.

 

 

 

 

 

TITLE 595.  DEPARTMENT OF PUBLIC SAFETY

 

CHAPTER 11.  COMMERCIAL DRIVER LICENSES

 

 

 

RULE IMPACT STATEMENT

 

[75 O.S. §303(D)(2)]

 

 

 

1.         A BRIEF DESCRIPTION OF THE PURPOSE OF THE PROPOSED RULE:

 

The proposed rules adopt a skills examination waiver for certain current and former military members. The proposed rules also provide for procedures to request waivers and administer the waiver program. The proposed rules reduce the certification period for certified driver instruction schools to one (1) year. The proposed rules reduce the certification period for third-party examiners to one (1) year.

 

 

 

2.         DESCRIPTION OF THE CLASSES OF PERSON AFFECTED:

 

The agency, third-party examiners, and any driver who possess or wishes to obtain a Commercial Driver License (CDL).  

 

 

 

3.         CLASSES OF PERSONS BENEFITTED:

 

The agency, third-party examiners, and any driver who possess or wishes to obtain a CDL.

 

           

 

4.         ECONOMIC IMPACT UPON AFFECTED CLASSES OF PERSONS:

 

The proposed rules benefit current and former military members by reducing training and licensing cost. The economic impact is neutral as to certified driving schools and third-party examiners because the rules are being made consistent with state statue.

 

 

 

5.         COST AND BENFITS TO THE AGENCY:

 

There is no anticipated cost to the agency related to this rule. The benefit will reduce administrative burdens to the agency.  

 

 

 

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:

 

            There is no anticipated economic impact on small businesses related to this rule.

 

           

 

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 are no known detriments to public health if the rule is not adopted.

 

           

 

11.       DATE RULE IMPACT STATEMENT PREPARED: February 16, 2021