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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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