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The Department of Homeland Security (DHS) is extending the REAL ID full enforcement date by 19 months, from October 1, 2021 to May 3, 2023, due to circumstances resulting from the ongoing COVID-19 pandemic.

 

Commercial driver licenses (CDLs), commercial learner permits (CLPs), and medical certificates have been extended by FMCSA until May 31, 2021, as long as they were not expired prior to March 1st, 2020.

TITLE 595. DEPARTMENT OF PUBLIC SAFETY

CHAPTER 40. Driver Training and Improvement


RULEMAKING ACTION:

Notice of proposed PERMANENT rulemaking

PROPOSED RULES:

 

Subchapter 1. Driver education instruction [AMENDED]

 

            595:40-1-4. Qualifications for instructors [AMENDED]

 

            595:40-1-6. Review of license and school [AMENDED]

 

            595:40-1-9. Prescribed course of study [AMENDED]

 

595:40-1-15. Requirements for all driver education schools and classrooms except public schools [AMENDED]

 

Subchapter 7. Impaired Driver Accountability Program [AMENDED]

 

595:40-7-3. Request for participation - Departmental review - IDAP agreement [AMENDED]

 

595:40-7-4. Program enrollment – calculation of time – IDAP agreement [AMENDED]

 

595:40-7-5. Ignition interlock device monitoring - interlock violations - program extensions - informal hearings [AMENDED]

 

595:40-7-6. Graduation from IDAP - requirements - presentation of certificate [AMENDED]

 

SUMMARY:

 

            The proposed rules eliminate and amend certain eligibility requirements to obtain a certification as a driver training instructor. The Department clarifies its role in auditing/monitoring delivery of driver training instruction for the purpose of ensuring compliance. The proposed rules amend the required subjects to be taught during driver training instruction. Certain record keeping requirements imposed upon driver training instructors are updated in the proposed rules. The proposed rules provide for a stay of the revocation of a driver’s license upon receipt of a request to participate in the Impaired Driver Accountability Program (IDAP) and provide for extensions to IDAP deadlines. The proposed rules clarify how the agency calculates timeliness with regard to the receipt of documents. The proposed rules clarify the effects of multiple IDAP enrollments, as well as clarify the requirement to complete an ADSAC assessment in order to graduate from IDAP.

 

AUTHORITY:

 

            Commissioner of Public Safety, 47 O.S. §2-108, 47 O.S. §6-212.5

 

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 2:00 p.m. on Wednesday, March 24, 2021, in Classroom A of the Robert R. Lester Training Center, 3600 N. Martin Luther King Ave. Oklahoma City, OK 73136.

 

REQUESTS FOR COMMENTS FROM BUSINESS ENTITIES:

 

            Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules. Business entities may submit this information during the comment period in the same manner described for comments from the public.

 

COPIES OF PROPOSED RULES:

 

            Copies of the proposed rules may be obtained through the Department of Public Safety – Records Division, P.O. Box 11415, Oklahoma City, OK 73111, or in person at the Department of Public Safety – Records Division, 3600 N. Martin Luther King Ave., Oklahoma City, OK 73136. Copies of proposed rules may be purchased at the cost of ten (10) cents per page. Copies of proposed rules may be obtained from the Department of Public Safety website at www.dps.ok.gov.

 

RULE IMPACT STATEMENT:

 

            Pursuant to 75 O.S. §303(D), a rule impact statement will be prepared and available in the same manner as copies of proposed rules after publication of the Notice of Rulemaking Intent.

 

CONTACT PERSON:

 

            Latosha Carrillo, Administrative Programs Officer III, 405-425-2148, latosha.carrillo@dps.ok.gov.

 

 

 

 

595.  DEPARTMENT OF PUBLIC SAFETY

 

CHAPTER 40.  DRIVER TRAINING AND IMPROVEMENT

 

 

 

SUBCHAPTER 1.  DRIVER EDUCATION INSTRUCTION

 

 

 

595:40-1-4. Qualifications for instructors 

 

(a)    All driver education instructors. Instructors of public, private, commercial driver education schools and other non-publicpublic, parochial or private high schools shall submit to the Department of Public Safety, upon application, proof of the following:

 

(1)    current employment by a school which offers a prescribed course of study;

 

(2)    a valid and unexpired Oklahoma driver license that is not suspended, revoked, denied or cancelled at the time of original or renewal application;

 

(3)    at least twenty-one (21) years of age;

 

(4)    never been convicted of a felony, have any pending court action that could result in a felony conviction, or any conviction, whether within Oklahoma or in another state, that would result in the applicant having to register according to the Sex Offenders Registration Act, as evidenced by a full finger print based Oklahoma Bureau of Investigationstate and national criminal history background investigation conducted within the immediately preceding thirty (30) days.

 

(A)    Once the Department has received the state criminal history background investigation, showing no adverse action, pending or otherwise, the Department will issue a ninety (90) day temporary driver education instructor license to the applicant and the applicant shall be directed to have a national criminal history background investigation conducted by the Federal Bureau of InvestigationsInvestigation.

 

(B)    The commercial school shall submit the necessary national criminal history background investigation request within ten (10) business days of the issuance of the temporary driver education instructor license and submit proof of the request to the Driver License Examining Division within five (5) business days thereafter. If the national criminal history background investigation is not completed within ninety (90) days of the request for the national criminal history background investigation, the temporary driver education instructor license may be revoked.

 

(C)    If either the state or national criminal history background investigation is returned with:

 

(i)    no adverse action, the Department will issue the temporary or permanent driver education instructor license; or

 

(ii)    adverse action is found on the applicant's criminal history background investigation, the Department will revoke the temporary driver education instructor permit and will not issue another temporary or permanent driver license instructor license to the applicant as long as the adverse action remains on the applicants criminal history; or

 

(iii)    if the applicant has pending court proceedings that could result in a felony conviction, the temporary or permanent driver education instructor license shall not be issued until the pending action has been dispensed.

 

(5)    if applicable, have driving privileges reinstated for at least twelve (12) months, if driving privileges were suspended, canceled, revoked, denied, or disqualified for a driving-related conviction or for Department action related to driving under the influence or driving while impaired. If driving privileges are suspended, canceled, revoked, denied, or disqualified only for a non-driving-related conviction or reason, the applicant shall be eligible immediately upon reinstatement of driving privileges;

 

(6)    not been convicted of misdemeanor possession or use of alcohol or drugs within the past twelve (12) months;

 

(7)    not more than five (5) point violations on the driving record;

 

(8)    no administrative action pending pursuant to 47 O.S. §§ 753, 754, or 754.1;

 

(9)    a high school diploma or general education diploma; and

 

(10)    a motorcycle instructor shall have a valid Motorcycle Safety Foundation instructor's certificate.

 

(b)    All commercial school and non-public school driver education instructors. At the time of original application, all commercial school and non-public school driver education instructors shall take the vision, skills, and written examinations given by the Department for the purposes of driver licensing and, for licensing as a commercial school or non-public school driver education instructor. Commercial motorcycle driver training instructors will not be required to take the basic Class D written exam and skills test but instead will take the motorcycle written exam and skills test. The skills test will be performed on a motorcycle. All driver education instructors shall be required:

 

(1)    to receive a score of at least eighty percent (80%) on driver license written examination. Should the applicant fail to achieve the required score after three (3) attempts, the applicant shall be denied certification and may reapply after one (1) year;

 

(2)    to pass the standard Class D driver license or motorcycle road test with a passing score of at least eighty percent (80%). Should the applicant fail to achieve the required passing score after (three) attempts, the applicant shall be denied certification and may reapply after one (1) year.

 

(c)(b)    Public school driver education instructors only. Qualifications for public driver education instructors are set out in the rules for Oklahoma High School Driver and Traffic Safety Education by the Oklahoma State Board of Education.

 

(d)(c)    Non-public school driver education instructors. Instructors of driver education for non-public private, parochial, or non-public high schools, except commercial driver education schools, shall submit to the Department of Public Safety proof of the following:

 

(1)    a valid Oklahoma secondary, elementary-secondary, library media specialist, speech-language pathology or technology center school license/certificate,

 

(2)    credentials in Driver and Traffic Safety Education or five (5) years consecutive experience in driver safety training, and

 

(3)    a valid and unexpired Oklahoma driver license.

 

(e)(d)   Commercial school driver education instructors other than motorcycle training instructors. Commercial driver education school instructors, other than motorcycle training instructors, shall submit to the Department of Public Safety proof of the following:

 

(1)    a minimum of six (6) semester hours of Driver Education I and Driver Education II, and a minimum of three (3) semester hours of General Safety Education from an accredited college or university; or

 

(2)    a course equivalent to that described in paragraph (1) offered by a nationally recognized commercial driver instructor course approved by the Department of Public Safety; or

 

(3)    certification by the State Department of Education as a driver education instructor, which certification shall be for at least five (5) years immediately preceding application in conjunction with having taught driver education for at least five (5) years in public, private, or parochial school; or

 

(4)    a minimum of five (5) years of experience as a certified law enforcement officer and possess a certification from an Instructor Development course.

 

(f)(e)    Commercial motorcycle training school instructor qualifications. Commercial motorcycle training school instructors shall submit to the Department of Public Safety proof of the following:

 

(1)    a high school diploma, or equivalent, and

 

(2)    an instructor's certificate issued by the Motorcycle Safety Foundation.

 

(g)(f)   MSF Basic Rider Coach training. A participant in the MSF Basic Rider Coach training will be exempt from the Oklahoma certification requirement while acting as an instructor under the supervision of a MSF certified Rider Coach Trainer during the Basic Rider Coach training. MSF certification must be signed by the MSF and Oklahoma Certified Rider Coach Trainer.

 

 

 

595:40-1-6. Review of license and school 

 

(a)    Periodic review of all driver education schools and Driver Education Instructor Licenses will be conducted by the Department of Public Safety to determine whether both the driver education instructor and the school remain in compliance with the rules of this Chapter. Failure to respond to a Department of Public Safety communication requesting such a review may result in cancellation of the school's certificate. Failure to remain in compliance may result in cancellation, suspension or revocation of their license An employee of the Department may conduct covert and overt observation of classroom and behind-the-wheel instruction as it is being administered for the purpose of auditing compliance with the rules of this Chapter.

 

(b)    When a driver education instructor's driving record reflects four (4) points, he or she may be issued a warning letter and instructed that additional entries may result in cancellation of his or her driver education instructor's license.

 

 

 

595:40-1-9. Prescribed course of study 

 

(a)    A prescribed course of study of Driver Education shall be designed to develop knowledge of those provisions of the Oklahoma Vehicle Code and other laws of this state relating to the operation of motor vehicles, acceptance of personal responsibility in traffic, appreciation of the causes, seriousness, and consequences of traffic collisions, and to develop the knowledge, attitudes, habits, and skills necessary for the safe operation of motor vehicles.

 

(b)    Public Schools must be in compliance with Oklahoma State Board of Education rules and regulations. Non-public/Commercial schools must meet the following requirements:

 

(1)    Students must be at least fifteen (15) years of age and regularly enrolled and certified by the instructor as taking a prescribed driver education course, certified by the Department of Public Safety.

 

(2)    Private and Parochial students shall receive a minimum of thirty (30) hours of classroom instruction and a minimum of six (6) hours of actual driving in the Driver Education vehicle, while accompanied by and under the supervision of a qualified Driver Education instructor who is occupying the front seat of the vehicle.

 

(3)    Each commercial student, except for commercial motorcycle students, shall receive a minimum of ten (10) hours of classroom instruction and a minimum of six (6) hours of actually driving the Driver Education vehicle, while accompanied by and under the supervision of a qualified Driver Education instructor who is occupying the front seat of the vehicle.

 

(4)    Instruction shall include, but not be limited to, the following:

 

(A)    Signs, signals, highway markings and highway design.

 

(B)    Rules of the road, state laws, and local ordinances.

 

(C)    Driving attitude toward motorcyclists, bicyclists, and pedestrians.

 

(D)    Basic driving maneuvers.

 

(E)    Operation of motor vehicle on streets and highways.

 

(F)    Familiarity with the Oklahoma Driver's Manual, distributed by the Department of Public Safety. Copies of this manual are available at motor license agencies or online at www.ok.gov/dps/.

 

(G)    Insurance laws of the State.

 

(H)    Financial responsibility.

 

(I)    Seat belt use and laws.

 

(J)    Effects of natural laws on driving.

 

(K)    Alcohol and drug substance abuse and the effect on driving.

 

(L)    Basic vehicle maintenance including fluid levels, tire pressure and lighting systems.

 

(M)    Skills:

 

(i)    Starting.

 

(ii)    Backing.

 

(iii)(ii)    Parallel parking.

 

(iv)(iii)    Hill parking.

 

(v)(iv)    Starting on hill.

 

(vi)(v)    Intersection movement and observance.

 

(vii)(vi)    Lane observance and changing.

 

(viii)(vii)    Left and right turns.

 

(ix)(viii)    Pedestrian and vehicle right-of-way.

 

(x)(ix)    Proper use of automatic and/or standard transmission.

 

(xi)(x)    Use of brake and accelerator.

 

(xii)(xi)    Traffic lights or signals.

 

                        (N)    The dangers of handheld electronic devices while driving.

 

(5)    All passengers, students and instructors in the driver education vehicle shall comply with the Oklahoma Mandatory Seat Belt Use Act, 47 O.S. §§ 12-416 through 12-420, whenever the vehicle is in operation.

 

(6)    Maintain and file with the Department of Public Safety a student roster list (paper or electronic) of students that are receiving or will be receiving behind-the-wheel instruction before such instruction begins.

 

(7)    Driving instruction shall not be conducted within a one mile radius of the Department of Public Safety or any district office thereof.

 

(c)    The most recent version of the Motorcycle Safety Foundation Curriculum (MSFC) is hereby adopted by reference, and it shall be the only course of instruction used by motorcycle education instructors certified by the Department of Public Safety.

 

(1)    A copy of the curriculum is available at the Department of Public Safety Driver License Examining Division.

 

(2)    Every school shall develop written and driving examinations to determine the students knowledge and performance in accordance with the prescribed curriculum.

 

 

 

595:40-1-15. Requirements for all driver education schools and classrooms except public schools 

 

(a)    Location and classroom facility of commercial driver education schools. An application for a Commercial Driver Training School license shall not be approved if the school is located or driving instruction is conducted within one (1) mile, using the most direct driving route, of the Department of Public Safety or any district office thereof. The school shall:

 

(1)    have at least one (1) permanent classroom. Each classroom shall be used exclusively for classroom driver education instruction during the time of such instruction. A classroom shall not be located in:

 

(A)    a residence or residential facility or complex,

 

(B)    a motor vehicle, or converted motor vehicle,

 

(C)    a hotel or motel, or

 

(D)    any other facility which has a bar, lounge, or other business which sells alcohol for public consumption on the premises;

 

(2)    display its current and valid Commercial Driver Training License in the licensee's principal place of business when classes are in session. The school's and driver education instructor's license or a copy of the license shall also be made available for inspection to students, or prospective students and their parents;

 

(3)    comply with all local municipal ordinances. Separate restroom facilities shall be provided for males and females, shall be fully plumbed with at least one toilet and one sink in each restroom, and shall be located in the same building as the classroom. The requirement for separate restroom facilities may be waived if a single restroom facility is provided that has a door which is capable of being locked from the inside;

 

(4)    have adequate room for equipment such as chalkboard, projector, tables and chairs. Tables and chairs will be provided for the number of students enrolled in the class being taught at the time;

 

(5)    when moving locations the school shall be responsible for notifying the Department of Public Safety Driver License Examining Division in writing no later than two (2) weeks prior to the relocation. The Division shall schedule with the school an appointment for inspection of the new location. Use of the new facility will not be allowed until the inspection is complete; and

 

(6)    if the commercial driver education school is located in a public school, the commercial driver education school shall present to the Department upon application and upon every renewal a current contract with the school district signed by the superintendent of the district. The contract shall stipulate that:

 

(A)    the presence of the commercial driver education school on the public school property is in compliance with state law and specifically in compliance with 70 O.S. § 5-130, and

 

(B)    any public school in the school district, including the public school where the commercial driver education school named in the contract is located, is available on an equal and non-discriminatory basis to any other commercial driver education school desiring to conduct business on public school property in the school district on the same terms and at the same time as the commercial driver education school named in the contract as required by Hennessey v. ISD No. 4, 552 P.2d 1141 (Okla. 1976), and

 

(C)    should the school district refuse to allow another commercial driver education school to conduct business on public school property within the school district, whether at the same public school as the commercial driver education school named in the contract or any other school in the district, the contract shall be null and void upon the date of the refusal, and the school district and the commercial driver education school named in the contract shall both agree to notify the Department of Public Safety of the voiding of the contract.

 

(7)    Motorcycle Range Facility and Equipment for Motorcycle Classes

 

(A)    The Motorcycle Range must adhere to standards related to participant safety and have equipment to ensure safe instruction.

 

(B)    The motorcycle range facility should be maintained and be free from all obstacles/potential obstacles or problematic surface conditions and there must be a minimum 20 foot paved buffer from any obstacles.

 

(C)    The range must be free from pedestrian, animal or vehicle traffic. The pavement needs to be kept suitable for riding maneuvers such as sharp turns, braking and safe vehicle travel.

 

(D)    The surface must provide good traction and there must not be any obstacles that present an unsafe environment.

 

(E)    Ranges must be correctly laid out to meet curriculum and safety standards. The surface and markings need to be maintained for proper instruction and safety.

 

(F)    Motorcycles must be properly maintained in safe operating condition for the safety of the students.

 

(b)    Advertising.

 

(1)    No Commercial Driver Education School shall use or conduct any business under any name other than its fully licensed name.

 

(2)    A sign reading "This school is licensed by the Department of Public Safety, State of Oklahoma" or similar language may be displayed on the school premises.

 

(3)    The school may place language such as "This school is licensed by the Department of Public Safety, State of Oklahoma" in any advertisements and publications of the school. However, a school may not use advertisement or publicity that states or implies that the school is specifically or uniquely recognized, recommended, or endorsed, or directly supervised by the Department of Public Safety.

 

4)    No fraudulent or deceptive statements shall be used on any sign or in advertisement, whether written or oral. If a promotion or fee incentive is used for an applicant, the school shall attach a copy of the promotion or fee incentive to the contract.

 

(5)    No school shall advertise, by any means, or otherwise state or imply that a driver license or permit is guaranteed or assured to any student or individual who will take or complete any instruction offered by the school.

 

(c)    Agreements and schedule of fees.

 

(1)    A sample copy of all contracts or agreements with students must be submitted to the Department with the application for licensing.

 

(2)    Prior to enrollment or payment of fee all prospective students shall be provided the following information, in writing:

 

(A)    the type of instruction offered, whether classroom or behind the wheel;

 

(B)    length of each lesson;

 

(C)    rate per lesson;

 

(D)    rate for use of school vehicle for road test, if extra charge is made;

 

(E)    terms of payment and disclosure of any interest charged;

 

(F)    a statement indicating the specific date and time when instruction is to start.

 

(3)    The schedule of fees shall be posted in easy view of students and prospective students.

 

(4)    If any school fails to comply with the provisions, the school shall refund, on a prorated basis, all monies collected from the student.

 

(d)    Records to be maintained.

 

(1)    Each school shall maintain a permanently bound book with pages consecutively numbered or a computer spreadsheet/database, setting forth the name of the school; the name of the student; the contract or agreement number; the type and date of instruction given, whether classroom or behind-the-wheel. If information is kept in a bound book, all entries shall be made in ink.

 

(2)    All student instruction records, including a duplicate copy of each contract or agreement entered into between the school and the student (the original must be given to the student) must be kept on file in the office of each school or at the primary office of multiple site schools owned by one individual for a period of (1) calendar year after the student has concluded instruction at or with the school. Each school shall furnish the student, if requested, a duplicate of his/her instruction record when all of the contracted courses are completed or the student otherwise ceases taking instruction at or with the school.

 

(3)    The student instruction record shall contain a copy of a receipt for any monies paid to the school by the student. The receipt, in a format prescribed by the Department, shall contain:

 

(A)    The name of the school.

 

(B)    The name of the student.

 

(C)    The date of payment.

 

(D)    The amount of payment.

 

(E)    The signature of the person receiving the payment.

 

(4)    The student instruction record file maintained by the school shall be available at all times for inspection or copying by an authorized representative of the Department of Public Safety.

 

(e)    Completion certificates. A completion certificate, in a preprinted format prescribed by the Department, shall be provided and issued by the Commercial School to each student upon the successful completion of course work (both classroom and behind the wheel). The certificate shall contain the following:

 

(1)    Name of the provider;

 

(2)    Full legal name of student;

 

(3)    Number of total hours of instruction (optional) Language substantially similar to “Completed a minimum of ten hours of classroom instruction and six hours of behind-the-wheel instruction.”

 

(4)    Date of completion;

 

(5)    Signature of administratora certified instructor employed by the school (a stamped signature is acceptable).

 

 

 

SUBCHAPTER 7. IMPAIRED DRIVER ACCOUNTABILITY PROGRAM

 

 

 

595:40-7-3. Request for participation - Departmental review - IDAP agreement 

 

(a)    Requests for participation in IDAP must be received within thirty (30) days of the notice of revocation, given pursuant to 47 O.S. §2-116, as reflected by the records of the Department. Upon receipt of the request for participation, the Department shall enter a temporary stay of the subject revocation until the expiration of 45 seventy-five (75) days from the date of the notice of revocation to the participant, or until the participant is fully enrolled in IDAP, whichever comes first. Exceptions to the thirty (30) day requirement to request IDAP may be approved by the Director of the Driver ComplianceLicense Services Division, or a designee, or General Counsel, or a designee.

 

(b)    The customer cannot enroll in IDAP if a District Court appeal is pending on behalf of the customer for the same incident referenced in the customer's request for IDAP participation.

 

(c)    Requests for participation in IDAP will be reviewed immediately if presented in person to a Hearing Officer.

 

(d)    Requests for participation in IDAP mailed to the Department will be reviewed within three (3) business days of receipt and approved, denied, or returned for more information.

 

(e)    Review of the Request for Participation will include, at a minimum:

 

(1)    Examination of the driving record for the purpose of determining program length and eligibility;

 

(2)    Confirmation of the License class. Only customers who were class D license holders at the time of the impaired driving arrest may participate in IDAP.

 

(3)    Confirmation that alcohol was a factor in the associated impaired driving arrest.

 

(4)    Confirmation that the offense does not involve the operation of a commercial motor vehicle.

 

(f)    Upon approval of the Request to Participate in IDAP the participant will execute an IDAP Agreement with the Department outlining the respective roles and responsibilities of the participant and the Department.

 

(g)    For IDAP request documents received by U.S. Mail, the post mark date shall be considered the date received on the date the documents were post-marked.

 

 

 

595:40-7-4. Program enrollment - calculation of time - IDAP agreement 

 

(a)    The participant must fully enroll in IDAP within forty-five (45) seventy-five (75) days of the day of notice of revocation as reflected by the records of the Department. Exceptions to the forty-five (45) seventy-five (75) day requirement to enroll in IDAP may be approved by the Director of the Driver Compliance License Services Division, or a designee, or the General Counsel, or a designee.

 

(b)    Enrolling Fully enrolling in IDAP consists of:

 

(1)    Payment of the IDAP fee of $200.00 to the Department;

 

(2)    Presentation of an Ignition Interlock Installation Verification Form;

 

(3)    Execution of an IDAP Agreement by the Participant;

 

(4)    Acknowledgement of receipt and review of the "IDAP Participant's Guide";

 

(5)    Obtaining a Restricted Driver License with an Ignition Interlock Restriction.

 

(c)    Whatever the Participant's required program length, as calculated by the Department:

 

(1)    The day enrollment in IDAP is complete counts as the Participant's first day of the program.

 

(2)    All program restrictions, including the ignition interlock requirement, continue through the last day of the program as calculated by the Department. The participant is responsible for ensuring completion of IDAP before removing the ignition interlock device.

 

(3)   Program periods shall run consecutively.

 

(4)   Participants may enroll in more than one (1) IDAP.  In the event a Participant is enrolled in more than one (1) IDAP, they must complete the program in which they are currently participating before commencing any subsequent program period. In no instance will a Participant’s credit for time in one (1) IDAP be credited toward any other IDAP.

 

(d)    The IDAP Agreement will be signed by the Participant and shall include the following information:

 

(1)    Participant's full name;

 

(2)    Participant's correct address. In the event Participant's address on record is not correct, it will be updated;

 

(3)    Participant's preferred phone number;

 

(4)    Participant's email address (if applicable);

 

(5)    The date upon which the IDAP Agreement was signed;

 

(6)    A list of Ignition Interlock Violations as defined by the Board of Tests for Alcohol and Drug Influence;

 

(7)    An explanation of the consequences of violations of the Ignition Interlock Program.

 

(e)  IDAP enrollment documents received by U.S. mail shall be considered received on the date the documents were post-marked.

 

 

 

595:40-7-5. Ignition interlock device monitoring - interlock violations - program extensions - informal hearings 

 

(a)    The participant is responsible for ensuring the ignition interlock is monitored on a regular basis in accordance with the rules of the Board of Tests for Alcohol and Drug Influence.

 

(b)    Upon receipt of a report of a verified program violation during any phase of IDAP the participant must appear before the Department to provide proof the program violation has been remedied.

 

(c)    Upon receipt of a report of a verified ignition interlock violation, or verified program violation, during Phase 2 of IDAP, the Department will extend the participant's program length in accordance with 47 O.S. §212.3, and issue notice of the extension to the participant.

 

(d)    In Phase 1 or Phase 2 of IDAP, when the Department receives a report of a verified program violation, or a verified ignition interlock violation, the following remedial measures may be imposed:

 

(1)    Retraining with the manufacturer, at the expense of the participant, if applicable;

 

(2)    Installation of an ignition interlock device with a camera;

 

(3)    Restrictions on the days and times of the participant's driving;

 

(4)    Referral to for re-assessment; and

 

(5)    Removal from IDAP which will result in a driver license revocation.

 

(e)    The participant may appear before a hearing officer within fifteen (15) days of receipt of the notice of any violation to contest the violation. The hearing officer may sustain or set aside the violation. The participant's failure to contest a violation within the time allowed will waive any future right to contest the violation.

 

(f)    The Department will not credit any time toward the participant's required program length for any period in which an ignition interlock is not installed as reflected by an approved Installation Verification Form, whether or not an ignition interlock violation has been reported.

 

(g)    In the event the Department receives documentation from a Court of record, or documentation pursuant to 47 O.S.§6-205, that requires a mandatory revocation, the Department will toll the participant's IDAP until completion of the mandatory revocation except if the mandatory revocation is a result of the conviction of the offense that led to the participation in IDAP.

 

 

 

595:40-7-6. Graduation from IDAP - requirements - presentation of certificate

 

     Graduation from IDAP occurs when the participant presents to the Department:

 

(1)    Completion form from the Board of Tests for Alcohol and Drug Influence verifying no ignition interlock violations have occurred in Phase 2 of IDAP;

 

(2)    Certificate of completion of requirements of the drug and alcoholADSAC assessment required by Oklahoma statutes;

 

(3)    The Department will verify that it has not received any additional officer's affidavits and notices of revocation related to the participant.

 

(4)    The Department will update the Driver Index of the participant to reflect the completion of the IDAP programand issue a completion certificate to the participant.

 

 

TITLE 595.  DEPARTMENT OF PUBLIC SAFETY

CHAPTER 40.  DRIVER TRAINING AND IMPROVEMENT

 

RULE IMPACT STATEMENT

[75 O.S. §303(D)(2)]

 

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

The proposed rules eliminate and amend certain eligibility requirements to obtain a certification as a driver training instructor. The Department clarifies its role in auditing/ monitoring the delivery of driver training instruction for the purpose of ensuring compliance. The proposed rules amend the required subjects to be taught during driver training instruction. Certain record keeping requirements imposed upon driver training instructors are updated in the proposed rules. The proposed rules provide for a stay of the revocation of driver’s license upon receipt of a request to participate in the Impaired Driver Accountability Program (IDAP) and provide for extensions to IDAP deadlines. The proposed rules clarify how the agency calculates timeliness with regard to the receipt of documents. The proposed rules clarify the effects of multiple IDAP enrollments, as well as clarify the requirement to complete an ADSAC assessment in order to graduate from IDAP.

 

2.         DESCRIPTION OF THE CLASSES OF PERSON AFFECTED:

            The agency, driver training instructors, IDAP participants, and the public.

 

3.         CLASSES OF PERSONS BENEFITTED:

            The agency, driver training instructors, IDAP participants, and the public.

 

4.         ECONOMIC IMPACT UPON AFFECTED CLASSES OF PERSONS:

The proposed rules create a beneficial economic impact for potential IDAP participants by easing restrictions on eligibility.

 

5.         COST AND BENFITS TO THE AGENCY:

Aside from providing clarification, there is no anticipated benefit to the agency related to this rule.

 

6.         ECONOMIC IMPACT ON POLITICAL SUBDIVISION:

             There is no anticipated economic impact on political subdivisions 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

           


 

 

 

 

 

 

            

 

 

 

Last Modified on Feb 16, 2021
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