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§47-6-105.
§47-6-105.
Text effective August 15, 2000.
(For text effective until August 15, 2000, see below.)
A. Unless a custodial parent or guardian has filed an objection to
licensure pursuant to Section 6-103.1 of this title, any person under
sixteen (16) years of age may be permitted to operate a motor vehicle
as provided in this section. Any secondary school student who is in
compliance with Section 6-107.3 of this title and:
1. Is at least fifteen (15) years of age may drive during a session in
which the driver is being instructed in a driver education course by a
certified driver education instructor who is seated in the right front
seat of the motor vehicle;
2. Is at least fifteen and one-half (15 1/2) years of age and:
a. is currently receiving instruction in or has successfully
completed:
1. a prescribed secondary school driver education course, as provided
for in Sections 19-113 through 19-121 of Title 70 of the Oklahoma
Statutes, or
2. a driver education course, certified by the Department of Public
Safety, from a parochial, private, or other nonpublic secondary
school, or
3. a commercial driver training course, as defined by Sections 801
through 808 of this title, or
b. whose parent or legal guardian has certified to the Department by
sworn affidavit that the person will receive a minimum of twenty-five
(25) hours of actual behind-the-wheel training from a licensed driver
who is at least twenty-one (21) years of age and who has been properly
licensed to operate a Class D motor vehicle for a minimum of two (2)
years,
may, upon successfully passing all parts of the driver license
examination administered by the Department except the driving
examination, be issued a restricted Class D license which will grant
the licensee the privilege to operate a Class D motor vehicle upon the
public highways 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 restricted Class D licensee;
3. Is at least sixteen (16) years of age and has not completed a
driver education course may be issued a restricted Class D license
upon successfully passing all parts of the driver license examinations
administered by the Department. A restricted Class D license shall
grant to the licensee the privilege to operate a Class D motor vehicle
upon the public highways only during daylight hours except for driving
to and from work, school, school activities, and church activities, or
if a parent or guardian is a passenger in the front seat of the
vehicle, the person may drive at any time, and may not operate a motor
vehicle with more than one passenger unless all passengers live in the
same household or unless the parent or guardian is a passenger in the
front seat of the vehicle;
4. Is at least sixteen and one-half (16 1/2) years of age, has been
issued a restricted Class D license for a minimum of thirty (30) days,
and who has not been convicted of, pled guilty to, or pled no contest
to any moving vehicle violations may be issued a Class D license;
provided, if the licensee holds a restricted Class D license the
licensee must successfully pass a driving examination. The Department
shall conduct a driving examination not more than three (3) times
during the first six (6) months after date of eligibility of the
restricted licensee to have the restriction removed for a Class D
license and not more than one time every three (3) months thereafter
upon request of the restricted licensee;
5. Is at least sixteen (16) years of age, and has completed driver
education or is at least seventeen (17) years of age may be issued a
Class D license by successfully passing all parts of the driver
license examination if the examinations have not been successfully
passed in connection with a restricted Class D license application; or
6. Is at least sixteen (16) years of age, has not completed driver
education, and resides in or is enrolled in a school district that
does not offer driver education shall be exempt from the driver
education requirement for a Class D license and may be issued a Class
D license upon successfully completing all parts of the driver license
examination.
B. Restricted Class D licenses shall be issued for the same period as
all other driver licenses. The licenses may be suspended or cancelled
at the discretion of the Department for violation of restrictions, for
failing to give the required or correct information on the application
or for violation of any traffic laws of this state pertaining to the
operation of a motor vehicle.
C. The Department of Public Safety shall promulgate rules establishing
proceedings for removal of the restriction from the license upon the
license holder qualifying for an unrestricted license. The restriction
shall have no force or effect upon or after the seventeenth birthday
of the restricted licensee.
D. Any person fourteen (14) years of age or older may apply for a
restricted Class D license with a motorcycle restriction. After the
person has successfully passed all parts of the motorcycle examination
other than the driving examination, has met all requirements provided
for in the rules of the Department, is in compliance with Section
6-107.3 of this title, and unless a custodial parent or guardian has
filed an objection pursuant to Section 6-103.1 of this title, the
Department shall issue to the person a restricted Class D license with
a motorcycle restriction which shall grant to the person, while having
the license in his or her immediate possession, the privilege to
operate a motor-driven cycle:
1. With a piston displacement not to exceed one hundred twenty-five
(125) cubic centimeters; and
2. Between the hours of 4:30 a.m. to 9:00 p.m. only; and
3. While wearing approved protective headgear; and
4. While accompanied by and receiving instruction from any person who
is at least twenty-one (21) years of age and who is properly licensed
pursuant to the laws of this state to operate a motorcycle, and who
has visual contact with the restricted licensee.
The restricted licensee may apply on or after thirty (30) days from
date of issuance of the restricted Class D license with a motorcycle
restriction to have the restriction of being accompanied by a licensed
driver removed by successfully completing the driving portion of an
examination.
E. The Department may in its discretion issue a special permit to any
person who has attained the age of fourteen (14) years, authorizing
such person to operate farm vehicles between the farm and the market
to haul commodities grown on such farm; provided, that such special
permit shall be temporary and shall expire not more than thirty (30)
days after the issuance thereof. Special permits shall be issued only
to farm residents and shall be issued only during the time of the
harvest of the principal crops grown on such farm. Provided, however,
the Department shall not issue a special permit pursuant to this
subsection until the Department is fully satisfied after the
examination of the application, and other evidence furnished in
support thereof, that the person is physically and mentally developed
to such a degree that the operation of a motor vehicle by the person
would not be inimical to public safety.
F. The Department may issue an instructor's permit to any qualified
secondary school driver education instructor as defined by the
Oklahoma State Board of Education Rules and Regulations for Oklahoma
High School Driver and Traffic Safety Education, any driver education
instructor, certified by the Department of Public Safety, of a
parochial, private, or other nonpublic secondary school upon a proper
application to the State Board of Education or the Department of
Public Safety in the case of secondary schools that are not regulated
by the State Board of Education or a commercial driver training course
instructor as provided for in Sections 801 through 808 of this title.
The Department shall promulgate rules for the issuance of such
permits. Any instructor as defined in this subsection who has been
issued a permit may instruct any person who is at least fifteen and
one-half (15 1/2) years of age or who is at least fifteen (15) years
of age and of secondary school or higher educational standing while
regularly enrolled and certified by the instructor as a student taking
a prescribed course of secondary school driver education, a driver
education course, certified by the Department of Public Safety, from a
parochial, private, or other nonpublic secondary school or a
commercial driver training course as defined by Sections 801 through
808 of this title to operate a motor vehicle while accompanied by and
receiving instruction from the instructor who is actually occupying a
seat beside the driver.
G. In addition to the licenses to operate motor vehicles, the
Department may issue cards for purposes of identification only. The
identification cards shall be issued and renewed in the same manner as
driver licenses in this state and for a fee of Seven Dollars ($7.00)
to any resident of this state. The application for an identification
card by any person under the age of sixteen (16) shall be signed and
verified by the parent or legal guardian before a person authorized to
administer oaths. Such cards shall be valid for a period of four (4)
years from the month of issuance; however, the identification cards
issued to persons sixty-five (65) years of age or older shall be valid
indefinitely from the month of issuance, and no person sixty-five (65)
years of age or older shall be charged a fee for an identification
card or renewal of driver license. The fees derived pursuant to this
section shall be apportioned as provided in Section 1104 of this
title.
The Oklahoma Tax Commission is hereby authorized to reimburse, from
funds available to that agency, each motor license agent issuing an
identification card or driver license to a person sixty-five (65)
years of age or older, an amount not to exceed One Dollar ($1.00) for
each card so issued. The Tax Commission shall develop procedures for
claims for reimbursement.
***
Text effective until August 15, 2000.
(For text effective August 15, 2000, see above.)
A. Unless a custodial parent or guardian has filed an objection to
licensure pursuant to Section 6-103.1 of this title, any person under
sixteen (16) years of age may be permitted to operate a motor vehicle
as follows: Any secondary school student who is at least fifteen and
one-half (15 1/2) years of age and:
1. Is currently receiving instruction in or has successfully
completed:
a. a prescribed secondary school driver education course, as provided
for in Sections 19-113 through 19-121 of Title 70 of the Oklahoma
Statutes, or
b. a driver education course, certified by the Department of Public
Safety, from a parochial, private, or other nonpublic secondary
school, or
c. a commercial driver training course, as defined by Sections 801
through 808 of this title; or
2. Whose parent or legal guardian has certified to the Department by
sworn affidavit that the person will receive a minimum of twenty-five
(25) hours of actual behind-the-wheel training from a licensed driver
who is at least eighteen (18) years of age and who has been properly
licensed to operate a Class D motor vehicle for a minimum of two (2)
years,
may apply for a restricted Class D license. The Department of Public
Safety, after the person has successfully passed all parts of the
examination other than the driving examination and is in compliance
with Section 6-107.3 of this title, shall issue to the person a
restricted Class D license which shall grant to the person, while
having such license in his or her possession, the privilege to operate
a Class D motor vehicle upon the public highways while accompanied by
a licensed driver who is at least eighteen (18) years of age and who
is actually occupying a seat beside the restricted licensee. This
restricted Class D license shall be issued for the same period as all
other driver licenses. The restricted Class D license may be suspended
or canceled at the discretion of the Department for violation of
restrictions, for failing to give the required or correct information
on the application or for violation of any traffic laws of this state
pertaining to the operation of a motor vehicle. A restricted licensee
who is at least sixteen (16) years of age who has been issued a
restricted Class D license for a minimum of thirty (30) days may have
the restriction requiring an accompanying licensed driver removed by
satisfactorily completing a driving examination. The Department shall
cause an examination to be conducted not more than three times during
the first six (6) months after date of eligibility of the restricted
licensee to have the restriction removed and not more than one time
every three (3) months thereafter upon request of the holder thereof.
B. Any person fourteen (14) years of age or older may apply for a
restricted Class D license with a motorcycle restriction. After the
person has successfully passed all parts of the motorcycle examination
other than the driving examination, has met all requirements provided
for in the rules of the Department, is in compliance with Section
6-107.3 of this title, and unless a custodial parent or guardian has
filed an objection pursuant to Section 6-103.1 of this title, the
Department shall issue to the person a restricted Class D license with
a motorcycle restriction which shall grant to the person, while having
the license in his or her immediate possession, the privilege to
operate a motor-driven cycle:
1. With a piston displacement not to exceed one hundred twenty-five
(125) cubic centimeters; and
2. Between the hours of 4:30 a.m. to 9:00 p.m. only; and
3. While wearing approved protective headgear; and
4. While accompanied by and receiving instruction from any person who
is at least twenty-one (21) years of age and who is properly licensed
pursuant to the laws of this state to operate a motorcycle, and who
has visual contact with the restricted licensee.
The restricted licensee may apply on or after thirty (30) days from
date of issuance of the restricted Class D license with a motorcycle
restriction to have the restriction of being accompanied by a licensed
driver removed by successfully completing the driving portion of an
examination.
C. The Department may in its discretion issue a special permit to any
person who has attained the age of fourteen (14) years, authorizing
such person to operate farm vehicles between the farm and the market
to haul commodities grown on such farm; provided, that such special
permit shall be temporary and shall expire not more than thirty (30)
days after the issuance thereof. Special permits shall be issued only
to farm residents and shall be issued only during the time of the
harvest of the principal crops grown on such farm. Provided, however,
the Department shall not issue a special permit pursuant to this
subsection until the Department is fully satisfied after the
examination of the application, and other evidence furnished in
support thereof, that the person is physically and mentally developed
to such a degree that the operation of a motor vehicle by the person
would not be inimical to public safety.
D. The Department may issue an instructor's permit to any qualified
secondary school driver education instructor as defined by the
Oklahoma State Board of Education Rules and Regulations for Oklahoma
High School Driver and Traffic Safety Education, any driver education
instructor, certified by the Department of Public Safety, of a
parochial, private, or other nonpublic secondary school upon a proper
application to the State Board of Education or the Department of
Public Safety in the case of secondary schools that are not regulated
by the State Board of Education or a commercial driver training course
instructor as provided for in Sections 801 through 808 of this title.
The Department shall promulgate rules for the issuance of such
permits. Any instructor as defined in this subsection who has been
issued a permit may instruct any person who is at least fifteen and
one-half (15 1/2) years of age or who is at least fifteen (15) years
of age and of secondary school sophomore or higher educational
standing while regularly enrolled and certified by the instructor as a
student taking a prescribed course of secondary school driver
education, a driver education course, certified by the Department of
Public Safety, from a parochial, private, or other nonpublic secondary
school or a commercial driver training course as defined by Sections
801 through 808 of this title to operate a motor vehicle while
accompanied by and receiving instruction from the instructor who is
actually occupying a seat beside the driver.
E. In addition to the licenses to operate motor vehicles, the
Department may issue cards for purposes of identification only. The
identification cards shall be issued and renewed in the same manner as
driver licenses in this state and for a fee of Seven Dollars ($7.00)
to any resident of this state. The application for an identification
card by any person under the age of sixteen (16) shall be signed and
verified by the parent or legal guardian before a person authorized to
administer oaths. Such cards shall be valid for a period of four (4)
years from the month of issuance; however, the identification cards
issued to persons sixty-five (65) years of age or older shall be valid
indefinitely from the month of issuance, and no person sixty-five (65)
years of age or older shall be charged a fee for an identification
card. The fees derived pursuant to this section shall be apportioned
as provided in Section 1104 of this title.
The Oklahoma Tax Commission is hereby authorized to reimburse, from
funds available to that agency, each motor license agent issuing an
identification card to a person sixty-five (65) years of age or older,
an amount not to exceed One Dollar ($1.00) for each card so issued.
The Oklahoma Tax Commission shall develop procedures for claims for
reimbursement.
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