Oklahoma § 47-1702 - State law preempts county or municipality authority and supersedes county or
Full text of Oklahoma Oklahoma Statutes § 47-1702 — State law preempts county or municipality authority and supersedes county or, with citation guidance and answers to common questions.
§ 47-1702. State law preempts county or municipality authority and supersedes county or
municipality laws or ordinances. ........................................................................................................... 1465
Oklahoma Statutes - Title 47. Motor Vehicles
§47-1105Av1. Program to permit electronic filing, storage and delivery of certificates of title. ............ 1470
§47-1105Av2. Program to permit electronic filing, storage and delivery of certificates of title. ............ 1472
§47-1132Av1. Registration renewals - Selection of licensed operators - Fees. ....................................... 1474
§47-1132Av2. Registration renewals - Selection of motor license agents - Fees. ................................... 1474
§47-1-101. Definition of words and phrases.
The following words and phrases when used in this title shall,
for the purpose of this title, have the meanings respectively
ascribed to them in this chapter, except when the context otherwise
requires or other definitions are provided. Section captions are a
part of this chapter.
Added by Laws 1961, p. 315, § 1-101, eff. Sept. 1, 1961. Amended by
Laws 1981, c. 295, § 1, emerg. eff. June 29, 1981.
§47-1-101.1. Ancient vehicle.
Ancient vehicle.
A motor vehicle owned by a resident of this state, which is
thirty (30) years of age or older, based upon the date of
manufacture thereof, and which travels on highways of this state
primarily incidental to historical or exhibition purposes only.
Added by Laws 1985, c. 305, § 12, emerg. eff. July 24, 1985.
§47-1-102. Arterial street.
Any U.S. or state-numbered route, controlled-access highway, or
other major radial or circumferential street or highway designated
by local authorities within their respective jurisdictions as part
of a major arterial system of streets or highways.
Laws 1961, p. 315, § 1-102.
§47-1-103. Authorized emergency vehicles - Equipment.
A. When equipped as prescribed in subsection B of this section:
1. Vehicles of fire departments;
2. Ambulances or vehicles specified pursuant to subsection B of
Section 1-2512 of Title 63 of the Oklahoma Statutes of licensed
ambulance service providers;
3. State vehicles of law enforcement agencies;
4. County vehicles of sheriffs and full-time commissioned
deputies and vehicles designated by the sheriff for support of the
Oklahoma Statutes - Title 47. Motor Vehicles
sheriff’s office including privately owned vehicles driven by the
sheriff and full-time, part-time and reserve commissioned deputies;
provided the audible sirens and flashing red lights equipped on such
privately owned vehicles are used only in a law enforcement capacity
and in the course of duty;
5. Municipal vehicles of police departments;
6. Vehicles owned and operated by the United States Marshals
Service or the Federal Bureau of Investigation;
7. Vehicles of Oklahoma National Guard units designated by the
Adjutant General for support to civil authorities; or
8. Vehicles owned and operated by any local organization for
emergency management as defined by Section 683.3 of Title 63 of the
Oklahoma Statutes,
are authorized emergency vehicles.
B. All vehicles prescribed in subsection A of this section
shall be equipped with sirens capable of giving audible signals as
required by the provisions of Section 12-218 of this title and
flashing red lights as authorized by the provisions of Section 12218 of this title.
Added by Laws 1961, p. 315, § 1-103, eff. Sept. 1, 1961. Amended by
Laws 1976, c. 284, § 1, emerg. eff. June 17, 1976; Laws 1983, c.
220, § 1, eff. Nov. 1, 1983; Laws 1984, c. 29, § 1, eff. Nov. 1,
1984; Laws 1987, c. 74, § 1, eff. Nov. 1, 1987; Laws 1991, c. 167, §
1, eff. July 1, 1991; Laws 2003, c. 329, § 58, emerg. eff. May 29,
2003; Laws 2005, c. 190, § 6, eff. Sept. 1, 2005; Laws 2007, c. 120,
§ 2, eff. Nov. 1, 2007.
§47-1-103.1. Automobile.
Automobile.
Every motor vehicle of the type constructed and used for the
transportation of persons for purposes other than for hire or
compensation. This shall include all vehicles of the station wagon
type whether the same are called station wagons, or ranch wagons,
van wagons, except those used for commercial purposes, suburbans,
town and country, or by any other name, except when owned and used
as a school bus or motor bus by a school district or a religious
corporation or society as elsewhere provided by law.
Added by Laws 1985, c. 305, § 13, emerg. eff. July 24, 1985.
§47-1-103.2. Autocycle.
Autocycle.
A. An autocycle is any motor vehicle having:
1. A seat or saddle for the use of each rider;
2. Three wheels in contact with the ground, but excluding a
tractor;
3. A combustion engine or an electric motor:
Oklahoma Statutes - Title 47. Motor Vehicles
a.
if the power source is a combustion engine, an engine
with a piston or rotor displacement of one hundred
fifty cubic centimeters (150 cc) or greater, or
b.
if the power source is an electric motor, a power
source capable of producing one thousand (1,000) watts
or greater;
4. For each occupant, safety belts or safety shoulder harnesses
which shall be of a type and shall be installed pursuant to 49
C.F.R., Section 571.208 et seq.; and
5. All equipment required by the provisions of Article II et
seq. of Chapter 12 of this title, with respect to equipment on
vehicles.
B. An autocycle shall be registered as a motor vehicle.
C. The operator of an autocycle shall not be required to have
an "M" endorsement on the Class D License pursuant to Section 6110.1 of this title.
Added by Laws 2015, c. 148, § 1, eff. Nov. 1, 2015. Amended by Laws
2016, c. 223, § 1, eff. Nov. 1, 2016; Laws 2023, c. 169, § 1, eff.
Nov. 1, 2023.
§47-1-104. Bicycle, electric-assisted bicycle, and motorized
bicycle.
A. A bicycle is a device upon which any person or persons may
ride, propelled solely by human power through a belt, chain, or
gears, and having two or more wheels, excluding mopeds.
B. An electric-assisted bicycle is any bicycle with:
1. Two or three wheels; and
2. Fully operative pedals for human propulsion and equipped
with an electric motor with a power output of not more than seven
hundred fifty (750) watts that meets the requirements of one of the
following three classes:
a.
"Class 1 electric-assisted bicycle" shall mean an
electric-assisted bicycle equipped with a motor that
provides assistance only when the rider is pedaling,
and that ceases to provide assistance when the bicycle
reaches the speed of twenty (20) miles per hour,
b.
"Class 2 electric-assisted bicycle" shall mean an
electric-assisted bicycle equipped with a motor that
may be used exclusively to propel the bicycle, and
that is not capable of providing assistance when the
bicycle reaches the speed of twenty (20) miles per
hour, and
c.
"Class 3 electric-assisted bicycle" shall mean an
electric-assisted bicycle equipped with a motor that
provides assistance only when the rider is pedaling,
and that ceases to provide assistance when the bicycle
reaches the speed of twenty-eight (28) miles per hour.
Oklahoma Statutes - Title 47. Motor Vehicles
An electric-assisted bicycle shall meet the manufacturing and
equipment requirements adopted by the Consumer Product Safety
Commission for bicycles and shall operate in such a manner that the
electric motor disengages or ceases to function when the rider stops
pedaling or the brakes are applied.
C. A motorized bicycle is any bicycle having:
1. Fully operative pedals for propulsion by human power;
2. A power drive system that functions directly or
automatically without clutching or shifting by the operator after
the drive system is engaged; and
3. A combustion engine with a piston or rotor displacement of
eighty (80 cu cm) cubic centimeters or less, regardless of the
number of chambers in the engine, which is capable of propelling the
bicycle at a maximum design speed of not more than thirty-five (35)
miles per hour on level ground.
D. As used in this title, the term "bicycle" shall include
tricycles, quadcycles, or similar human-powered devices, electricassisted bicycles, and motorized bicycles unless otherwise
specifically indicated.
Added by Laws 1961, p. 315, § 1-104, eff. Sept. 1, 1961. Amended by
Laws 2003, c. 411, § 1, eff. Nov. 1, 2003; Laws 2004, c. 521, § 1,
eff. Nov. 1, 2004; Laws 2006, c. 173, § 1, eff. July 1, 2006; Laws
2007, c. 330, § 1; Laws 2012, c. 319, § 1, eff. Nov. 1, 2012; Laws
2019, c. 43, § 1, eff. Nov. 1, 2019.
§47-1-105. Bus.
"Bus" shall mean every motor vehicle designed for carrying more
than eight passengers and used for the transportation of persons;
and every motor vehicle designed and used for the transportation of
persons for compensation. As used in this section, "Bus" shall not
include a vehicle authorized for use pursuant to the Oklahoma
Transportation Network Company Services Act as defined in Section
1011 of this title.
Added by Laws 1961, p. 316, § 1-105. Amended by Laws 2017, c. 122,
§ 1, eff. Nov. 1, 2017.
§47-1-105.1. Church bus.
Church bus.
A “church bus” is any bus operated by a nonprofit religious
organization which transports persons including school-age children
to and from religious activities.
Added by Laws 2003, c. 411, § 2, eff. Nov. 1, 2003.
§47-1-106. Business district.
The territory contiguous to and including a highway when within
any six hundred (600) feet along such highway there are buildings in
use for business or industrial purposes, including but not limited
Oklahoma Statutes - Title 47. Motor Vehicles
to hotels, banks, or office buildings, railroad stations and public
buildings which occupy at least three hundred (300) feet of frontage
on one side or three hundred (300) feet collectively on both sides
of the highway.
Laws 1961, p. 316, § 1-106.
§47-1-107. Cancellation of driver license.
The annulment or termination by formal action of Service
Oklahoma of a person's driver license because of some error or
defect in the license or because the licensee is no longer entitled
to such license, but the cancellation of a license is without
prejudice and application for a new license may be made at any time
after such cancellation.
Laws 1961, p. 316, § 1-107. Amended by Laws 2022, c. 282, § 23,
emerg. eff. May 19, 2022.
§47-1-107.1. Class A commercial motor vehicle.
Class A Commercial Motor Vehicle.
Any combination of vehicles, except a Class D motor vehicle,
with a gross combined weight rating of twenty-six thousand one
(26,001) or more pounds provided the gross vehicle weight rating of
the vehicle or vehicles being towed is in excess of ten thousand
(10,000) pounds.
Added by laws 1990, c. 219, § 1, eff. Jan 1, 1991.
§47-1-107.2. Class B commercial motor vehicle.
Class B Commercial Motor Vehicle.
Any single vehicle, except a Class D motor vehicle, with a gross
vehicle weight rating of twenty-six thousand one (26,001) or more
pounds, or any such vehicle towing a vehicle not in excess of ten
thousand (10,000) pounds gross vehicle weight rating. This class
shall apply to a bus with a gross vehicle weight rating of twentysix thousand one (26,001) or more pounds and designed to transport
sixteen or more persons, including the driver.
Added by Laws 1990, c. 219, § 2, eff. Jan. 1, 1991.
§47-1-107.3. Class C commercial motor vehicle.
Class C Commercial Motor Vehicle.
Any single vehicle or combination of vehicles, other than a
Class A or Class B vehicle as defined in this title, which is:
1. Required to be placarded for hazardous materials under 49
C.F.R., Part 172, subpart F; or
2. Designed by the manufacturer to transport sixteen or more
persons, including the driver.
Added by Laws 1990, c. 219, § 3, eff. Jan. 1, 1991. Amended by Laws
1992, c. 217, § 1, eff. July 1, 1992.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-1-107.4.
Class D motor vehicle.
CLASS D MOTOR VEHICLE
A. A Class D motor vehicle is any motor vehicle or combination
of vehicles which:
1. Regardless of weight:
a.
is marked and used as an authorized emergency vehicle,
as defined in Section 1-103 of this title, or
b.
is designed and used solely as a recreational vehicle;
2. Is a single or combination vehicle with a gross combined
weight rating of less than twenty-six thousand one (26,001) pounds;
3. Is a single or combination farm vehicle with a gross
combined weight rating of more than twenty-six thousand one (26,001)
pounds if:
a.
it is entitled to be registered with a farm tag and
has a farm tag attached thereto,
b.
it is controlled and operated by a farmer, his or her
family or employees,
c.
it is used to transport either agricultural products,
farm machinery, farm supplies or any combination of
those materials to or from a farm,
d.
it is not used in the operations of a common or
contract motor carrier, and
e.
it is used within one hundred fifty (150) air miles of
the person's farm or as otherwise provided by federal
law; or
4. Is operated by a licensed driver employed by a unit of local
government that operates a commercial motor vehicle within the
boundaries of that unit of local government for the purpose of
removing snow or ice from a roadway by plowing, sanding or salting,
if:
a.
the properly licensed employee who ordinarily operates
a commercial vehicle for these purposes is unable to
operate the vehicle, or
b.
the employing governmental entity determines that a
snow or ice emergency requires additional assistance.
B. A Class D Motor Vehicle shall not include any vehicle which
is:
1. Designed to carry sixteen or more passengers, including the
driver; or
2. Required to be placarded for hazardous materials under 49
C.F.R., Part 172, subpart F; provided, a farm vehicle, as defined in
paragraph 3 of subsection A of this section, which is required to be
placarded for hazardous materials under 49 C.F.R., Part 172, subpart
F, shall be considered to be a Class D motor vehicle.
Added by Laws 1990, c. 219, § 4, eff. Jan. 1, 1991. Amended by Laws
1991, c. 162, § 1, emerg. eff. May 7, 1991; Laws 1991, c. 335, § 12,
emerg. eff. June 15, 1991; Laws 1997, c. 193, § 5, eff. Nov. 1,
Oklahoma Statutes - Title 47. Motor Vehicles
1997; Laws 2002, c. 397, § 3, eff. Nov. 1, 2002; Laws 2009, c. 388,
§ 1, eff. Nov. 1, 2009; Laws 2010, c. 228, § 1, eff. Nov. 1, 2010.
NOTE: Laws 1991, c. 63, § 1 repealed by Laws 1991, c. 335, § 37,
emerg. eff. June 15, 1991.
§47-1-108. Commercial operator or driver.
Commercial Operator or Driver.
Every person who operates, drives or is in actual physical
control of a Class A, B or C commercial motor vehicle, as defined in
Sections 1-107.1, 1-107.2 and 1-107.3 of this title.
Added by Laws 1961, p. 316, § 1-108, eff. Sept. 1, 1961. Amended by
Laws 1969, c. 123, § 1, emerg. eff. April 3, 1969; Laws 1995, c. 23,
§ 1, eff. Nov. 1, 1995.
§47-1-108.1. Tillerman.
"Tillerman" shall mean every person who is physically located on
a Class A, B or C commercial motor vehicle in which they are
steering or assisting in steering by remote control or other means,
any axle, including a vehicle being towed by a motor vehicle, and
shall possess the appropriate class of license for the vehicle being
operated as required by Section 6-101 of Title 47 of the Oklahoma
Statutes.
Added by Laws 2017, c. 65, § 1, eff. Nov. 1, 2017.
§47-1-108.2. Steerman.
"Steerman" shall mean every person who is not physically located
on a Class A, B or C commercial motor vehicle in which they are
steering or assisting in steering by remote control or other means,
any axle, including a vehicle being towed by a motor vehicle, and
shall be exempt from the requirement to possess a Class A, B or C
commercial driver license and shall only be required to possess a
valid driver license.
Added by Laws 2017, c. 66, § 1, eff. Nov. 1, 2017.
§47-1-109. Commissioner.
The Commissioner of the Department of Public Safety of the State
of Oklahoma.
Laws 1961, p. 316, § 1-109.
§47-1-110. Controlled - Access highway.
Every highway, street or roadway in respect to which owners or
occupants of abutting lands and other persons have no legal right of
access to or from the same except at such points only and in such
manner as may be determined by the public authority having
jurisdiction over such highway, street or roadway.
Laws 1961, p. 316, § 1-110.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-1-111. Cross walk.
(a) That part of a roadway at an intersection included within
the connections of the lateral lines of the sidewalks on opposite
sides of the highway measured from the curbs or, in the absence of
curbs, from the edges of the traversable roadway;
(b) Any portion of a roadway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by lines or other
markings on the surface.
Laws 1961, p. 316, § 1-111.
§47-1-112. Dealer.
Every person engaged in the business of buying, selling or
exchanging vehicles of a type to be registered hereunder and who has
an established place of business for such purpose in this state.
Laws 1961, p. 316, § 1-112.
§47-1-113. Department.
The Department of Public Safety of this state, acting directly
or through its duly authorized officers and agents.
Laws 1961, p. 316, § 1-113.
§47-1-114. Driver and driver license.
A. "Driver" means any person who drives, operates or is in
actual physical control of a vehicle.
B. "Driver license" means a document issued by Service Oklahoma
or the driver licensing agency of another state or country which
grants to the person named thereon the privilege to drive, operate
or be in actual physical control of a motor vehicle. The term shall
include an intermediate Class D driver license, a learner permit and
commercial learner permit.
Added by Laws 1961, p. 316, § 1-114, emerg. eff. Sept. 1, 1961.
Amended by Laws 2013, c. 259, § 1, eff. Nov. 1, 2013; Laws 2022, c.
282, § 24, emerg. eff. May 19, 2022.
§47-1-114A. Electric personal assistive mobility device.
Electric Personal Assistive Mobility Device.
“Electric personal assistive mobility device” means a selfbalancing, two nontandem-wheeled device, designed to transport only
one person, having an electric propulsion system with an average of
seven hundred fifty (750) watts (1 h.p.), and a maximum speed of
less than twenty (20) miles per hour on a paved level surface when
powered solely by such a propulsion system while ridden by an
operator who weighs one hundred seventy (170) pounds.
Added by Laws 2002, c. 58, § 1, emerg. eff. April 11, 2002.
§47-1-115.
Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-1-116. Established place of business.
The place actually occupied either continuously or at regular
periods by a dealer or manufacturer where his books and records are
kept and a large share of his business is transacted.
Laws 1961, p. 316, § 1-116.
§47-1-117. Explosives.
Explosives shall have the same meaning as defined in 49 C.F.R.,
Part 173.
Added by Laws 1961, p. 316, § 1-117, eff. Sept. 1, 1961. Amended by
Laws 1992, c. 192, § 5, emerg. eff. May 11, 1992; Laws 2004, c. 390,
§ 2, eff. July 1, 2004.
§47-1-118. Farm tractor.
Every motor vehicle designed and used primarily as a farm
implement, for drawing plows, mowing machines and other implements
of husbandry.
Laws 1961, p. 317, § 1-118. d
§47-1-119. Flammable substance.
Flammable substance shall include any liquid, gas, or other
material as defined in 49 C.F.R., Part 173.
Added by Laws 1961, p. 317, § 1-119, eff. Sept. 1, 1961. Amended by
Laws 2004, c. 390, § 3, eff. July 1, 2004.
§47-1-120.
Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-120.1. Gross combination weight rating (GCWR).
Gross Combination Weight Rating (GCWR).
The value specified by the manufacturer as the loaded weight of
a combination or articulated vehicle. In the absence of a value
specified by the manufacturer, the gross combination weight rating
shall be determined by adding the gross vehicle weight rating of the
power unit and the total weight of the towed unit and any load
thereon.
Added by Laws 1990, c. 219, § 5, eff. Jan. 1, 1991.
§47-1-121. Gross vehicle weight rating (GVWR).
Gross Vehicle Weight Rating (GVWR).
The gross vehicle weight rating (GVWR) means the value specified
by the manufacturer as the loaded weight of a single vehicle.
Amended by Laws 1990, c. 219, § 6, eff. Jan. 1, 1991.
§47-1-122. Highway.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
Oklahoma Statutes - Title 47. Motor Vehicles
Laws 1961, p. 317, § 1-122.
§47-1-123. Manufactured home.
"Manufactured home" means and includes every vehicle defined as
a manufactured home in paragraph 14 of Section 1102 of this title.
Added by Laws 1961, p. 317, § 1-123, eff. Sept. 1, 1961. Amended by
Laws 1981, c. 118, § 4; Laws 2005, c. 50, § 1, eff. Nov. 1, 2005.
§47-1-124. Identifying number.
The numbers, and letters if any, on a vehicle designated by
Service Oklahoma for the purpose of identifying the vehicle.
Laws 1961, p. 317, § 1-124, emerg. eff. Sept. 1, 1961. Amended by
Laws 2022, c. 282, § 25, emerg. eff. May 19, 2022.
§47-1-125. Implement of husbandry.
Implement of Husbandry. Every device, whether it is selfpropelled, designed and adapted so as to be used exclusively for
agricultural, horticultural or livestock-raising operations or for
lifting or carrying an implement of husbandry and, in either case,
not subject to registration if operated upon the highways.
1. Farm wagon type tank trailers of not over one thousand two
hundred (1,200) gallons capacity, used during the liquid fertilizer
season as field storage "nurse tanks" supplying the fertilizer to a
field applicator and moved on highways only for bringing the
fertilizer from a local source of supply to farms or field or from
one farm or field to another, shall be considered implements of
husbandry for purposes of this title.
2. Trailers or semitrailers owned by a person engaged in the
business of farming and used exclusively for the purpose of
transporting farm products to market or for the purpose of
transporting to the farm material or things to be used thereon shall
also be considered implements of husbandry for purposes of this
title. Provided, no truck or semitrailer with an axle weight of
twenty thousand (20,000) pounds or more, which is used to haul
manure and operated on the public roads or highways of this state
shall be considered an implement of husbandry for the purposes of
this title.
3. Utility-type, all-terrain vehicles with a maximum curb
weight of one thousand five hundred (1,500) pounds which are
equipped with metal front or rear carrying racks when used for
agricultural, horticultural or livestock-raising operations shall be
considered implements of husbandry for purposes of this title.
Added by Laws 1961, p. 317, § 1-125, eff. Sept. 1, 1961. Amended by
Laws 1970, c. 163, § 1, emerg. eff. April 9, 1970; Laws 1993, c.
211, § 1, eff. Sept. 1, 1993; Laws 1995, c. 27, § 1, eff. July 1,
1995; Laws 2001, c. 112, § 1, emerg. eff. April 18, 2001.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-1-126. Intersection.
(a) The area embraced within the prolongation or connection of
the lateral curb lines, or, if none, then the lateral boundary lines
of the roadways of two highways which join one another at, or
approximately at, right angles, or the area within which vehicles
traveling upon different highways joining at any other angle may
come in conflict.
(b) Where a highway includes two roadways thirty (30) feet or
more apart, then every crossing of each roadway of such divided
highway by an intersecting highway shall be regarded as a separate
intersection. In the event such intersecting highway also includes
two roadways thirty feet or more apart, then every crossing of two
roadways of such highways shall be regarded as a separate
intersection.
Laws 1961, p. 317, § 1-126.
§47-1-127.
Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-128. License to operate a motor vehicle.
License to operate a motor vehicle.
A. Any valid driver license or permit to operate a motor
vehicle issued under the laws of this state including any temporary
license or instruction permit, the lawful possession of which by a
resident of this state shall be evidence that the resident has been
granted the privilege to operate a motor vehicle.
B. Any nonresident's operating privilege as defined in Section
1-138 of this title, which is evidenced by the lawful possession of
a valid driver license or permit to operate a motor vehicle issued
under the laws of another state.
Added by Laws 1961, p. 317, § 1-128, eff. Sept. 1, 1961. Amended by
Laws 1995, c. 23, § 2, eff. Nov. 1, 1995.
§47-1-129. Lienholder.
A person holding a security interest in a vehicle.
Laws 1961, p. 318, § 1-129.
§47-1-130. Local authorities.
Every county, municipal and other local board or body having
authority to enact laws relating to traffic under the Constitution
and laws of this state.
Laws 1961, p. 318, § 1-130.
§47-1-131. Mail.
To deposit in the United States mails properly addressed and
with postage prepaid.
Laws 1961, p. 318, § 1-131.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-1-132. Manufacturer.
Every person engaged in the business of constructing or
assembling vehicles of a type required to be registered hereunder at
an established place of business in this state.
Laws 1961, p. 318, § 1-132.
§47-1-133. Metal tire.
Every tire the surface of which in contact with the highway is
wholly or partly of metal or other hard, nonresilient material.
Laws 1961, p. 318, § 1-133.
§47-1-133.1.
2004.
Repealed by Laws 2004, c. 521, § 20, eff. Nov. 1,
§47-1-133.1a. Military surplus vehicle.
Military surplus vehicle.
A. A "military surplus vehicle" is any motor vehicle having:
1. Three axles or fewer that meet the legal size and weight
limits set forth in Section 14-103 of this title;
2. Been manufactured for use in either the United States Armed
Forces or any country that was a member of the North Atlantic Treaty
Organization at the time the vehicle was manufactured. Such vehicle
shall have been subsequently authorized for sale to civilians,
except that military surplus vehicle does not include a tracked
vehicle;
3. For each occupant, safety belts or safety shoulder harnesses
which shall be installed pursuant to 49 C.F.R., Section 571.208 et
seq.; and
4. Equipment required by the provisions of Sections 12-201
through 12-232 of this title, with respect to equipment on vehicles.
B. Beginning November 1, 2025, any military surplus vehicle
operated on the streets and highways of this state shall be
registered as a motor vehicle.
C. Military surplus vehicles may be used as other vehicles of
the same type, except military surplus vehicles may not transport
people for hire.
D. The owner of any military surplus vehicle that, due to the
age of the vehicle, was unable to receive a tag between November 1,
2022, and the effective date of this act shall not be assessed any
penalty for having an expired registration as provided for in
Section 1115 of this title.
Added by Laws 2022, c. 214, § 1, eff. Nov. 1, 2022. Amended by Laws
2025, c. 370, § 1, eff. Nov. 1, 2025.
§47-1-133.1b. Military surplus vehicle collector.
"Military surplus vehicle collector" means the owner of one or
more military surplus vehicles who acquires, collects, purchases,
Oklahoma Statutes - Title 47. Motor Vehicles
trades, or disposes of such vehicles or parts thereof for such
person's own use in order to restore, preserve, and maintain such
vehicle or vehicles for historic interest.
Added by Laws 2022, c. 214, § 2, eff. Nov. 1, 2022.
§47-1-133.2. Moped.
Moped.
A "moped" is any motor-driven cycle with an electric or internal
combustion motor which produces not to exceed two brake horsepower
and which is not capable of propelling the vehicle at a speed in
excess of thirty-five (35) miles per hour on level ground. If an
internal combustion engine is used, the displacement shall not
exceed fifty cubic centimeters (50 cc), and the moped shall have a
power drive system that functions directly or automatically without
clutching or shifting by the operator after the drive system is
engaged. If the power source is an electric motor, the motor shall
not exceed seven hundred fifty (750) watts.
Added by Laws 2003, c. 411, § 4, eff. Nov. 1, 2003. Amended by Laws
2019, c. 315, § 1, eff. Nov. 1, 2019; Laws 2023, c. 169, § 2, eff.
Nov. 1, 2023.
§47-1-133.3. Motorized scooter.
Motorized scooter.
A. A "motorized scooter" is any vehicle having:
1. Not more than three wheels in contact with the ground;
2. Handlebars and a foot support or seat for the use of the
operator; and
3. A power source that is capable of propelling the vehicle at
a maximum design speed of not more than thirty-five (35) miles per
hour on level ground, and:
a.
if the power source is a combustion engine, has a
piston or rotor displacement of fifty cubic
centimeters (50 cc) or less regardless of the number
of chambers in the power source, or
b.
if the power source is electric, is programmed by the
manufacturer not to exceed thirty-five (35) miles per
hour on level ground.
Regardless of power source, local governments may set maximum speed
requirements by local ordinance.
B. For purposes of this section, an electric personal assistive
mobility device, as defined in Section 1-114A of this title,
bicycle, electric-assisted bicycle, or motorized bicycle, as defined
in Section 1-104 of this title, shall not be considered a motorized
scooter.
C. A motorized scooter shall not be required to be registered
under the laws of this state.
Oklahoma Statutes - Title 47. Motor Vehicles
1. The operator of a motorized scooter shall be at least
fourteen (14) years of age unless an older age is required by local
ordinance.
2. The operator of a motorized scooter shall not be required to
possess a driver license unless required by local ordinance.
3. The operator of a motorized scooter shall not be required to
comply with the vehicle insurance or financial responsibility laws
of this state unless required by local ordinance, and shall observe
all applicable traffic safety regulations when driving on a public
roadway as required by statute and local ordinances.
D. Municipalities shall have authority to regulate the usage of
motorized scooters on all public roadways, trails, sidewalks, and
other public spaces, and to determine appropriate locations for use.
Added by Laws 2003, c. 411, § 5, eff. Nov. 1, 2003. Amended by Laws
2004, c. 521, § 2, eff. Nov. 1, 2004; Laws 2022, c. 313, § 1, eff.
Nov. 1, 2022.
§47-1-134. Motor vehicle.
Motor vehicle.
A. A motor vehicle is:
1. Any vehicle which is self-propelled; or
2. Any vehicle which is propelled by electric power obtained
from overhead trolley wires, but not operated upon rails.
B. As used in this title, the term "motor vehicle" shall not
include:
1. Implements of husbandry, as defined in Section 1-125 of this
title;
2. Electric personal assistive mobility devices as defined in
Section 1-114A of this title;
3. Motorized wheelchairs, as defined in Section 1-136.3 of this
title;
4. Vehicles moved solely by human or animal power; or
5. Electric-assisted bicycles as defined in Section 1-104 of
this title.
Added by Laws 1961, p. 318, § 1-134, eff. Sept. 1, 1961. Amended by
Laws 1978, c. 304, § 1; Laws 1981, c. 103, § 1; Laws 2002, c. 58, §
2, emerg. eff. April 11, 2002; Laws 2003, c. 411, § 6, eff. Nov. 1,
2003; Laws 2005, c. 50, § 2, eff. Nov. 1, 2005; Laws 2019, c. 43, §
2, eff. Nov. 1, 2019.
§47-1-134.1. Low-speed electrical vehicle.
"Low-speed electrical vehicle" means any four-wheeled electrical
vehicle that is powered by an electric motor that draws current from
rechargeable storage batteries or other sources of electrical
current and whose top speed is greater than twenty (20) miles per
hour but not greater than twenty-five (25) miles per hour and is
manufactured in compliance with the National Highway Traffic Safety
Oklahoma Statutes - Title 47. Motor Vehicles
Administration standards for low-speed vehicles in 49 C.F.R.
571.500.
Added by Laws 2001, c. 243, § 1, eff. Nov. 1, 2001.
§47-1-135. Motorcycle.
Motorcycle.
A motorcycle is any motor vehicle having:
1. A seat or saddle for the use of each rider;
2. Not more than three wheels in contact with the ground, but
excluding a tractor; and
3. An electric or combustion engine motor:
a.
if the power source is a combustion engine, an engine
with a piston or rotor displacement of one hundred
fifty cubic centimeters (150 cc) or greater, or
b.
if the power source is an electric motor, with a power
source capable of producing one thousand (1,000) watts
or greater.
Added by Laws 1961, p. 318, § 1-135, eff. Sept. 1, 1961. Amended by
Laws 1978, c. 304, § 2; Laws 2004, c. 521, § 3, eff. Nov. 1, 2004;
Laws 2010, c. 228, § 2, eff. Nov. 1, 2010; Laws 2023, c. 169, § 3,
eff. Nov. 1, 2023.
§47-1-136. Motor-driven cycle.
Motor-driven cycle.
A motor-driven cycle is any motor vehicle having:
1. A power source that:
a.
if the power source is a combustion engine, has a
piston or rotor displacement of greater than thirtyfive cubic centimeters (35 cc) but less than one
hundred fifty cubic centimeters (150 cc) regardless of
the number of chambers in the power source, or
b.
if the power source is electric, has a power output of
less than one thousand (1,000) watts; and
2. A seat or saddle for the use of each rider; and
3. Not more than three wheels in contact with the ground.
Added by Laws 1961, p. 318, § 1-136, eff. Sept. 1, 1961. Amended by
Laws 1978, c. 304, § 3; Laws 1981, c. 103, § 2; Laws 1985, c. 305, §
10, emerg. eff. July 24, 1985; Laws 2003, c. 411, § 7, eff. Nov. 1,
2003; Laws 2004, c. 521, § 4, eff. Nov. 1, 2004; Laws 2023, c. 169,
§ 4, eff. Nov. 1, 2023.
§47-1-136.1.
6, 2005.
Repealed by Laws 2005, c. 394, § 19, emerg. eff. June
§47-1-136.2.
2004.
Repealed by Laws 2004, c. 521, § 21, eff. Nov. 1,
Oklahoma Statutes - Title 47. Motor Vehicles
§47-1-136.3. Motorized wheelchair.
Motorized wheelchair.
A motorized wheelchair is any self-propelled vehicle, designed
for and used by a person with a disability, that is incapable of a
speed in excess of eight (8) miles per hour.
Added by Laws 2003, c. 411, § 8, eff. Nov. 1, 2003.
§47-1-137. Nonresident.
Every person who is not a resident of this state.
Laws 1961, p. 318, § 1-137.
§47-1-138. Nonresident's operating privilege.
The privilege conferred upon a nonresident by the laws of this
state pertaining to the operation by such person of a motor vehicle,
or the use of a vehicle owned by such person, in this state.
Laws 1961, p. 318, § 1-138.
§47-1-139. Official traffic - Control devices.
All signs, barricades, signals, markings and devices not
inconsistent with this act placed or erected by authority of a
public body or official having jurisdiction, for the purpose of
regulating, warning or guiding traffic.
Laws 1961, p. 318, § 1-139.
§47-1-140. Operator or driver.
Operator or Driver.
Every person, including a commercial operator or driver, as
defined in Section 1-108 of this title, who operates, drives or is
in actual physical control of a motor vehicle or who is exercising
control over or steering a vehicle being towed by a motor vehicle.
Added by Laws 1961, p. 318, § 1-140, eff. Sept. 1, 1961. Amended by
Laws 1995, c. 23, § 3, eff. Nov. 1, 1995.
§47-1-140.1. “Other intoxicating substance” defined.
For purposes of this title, “other intoxicating substance” means
any controlled dangerous substance, as defined in the Uniform
Controlled Dangerous Substances Act, Section 2-101 et seq. of Title
63 of the Oklahoma Statutes, or any other substance, other than
alcohol, which is capable of being ingested, inhaled, injected, or
absorbed into the human body and is capable of adversely affecting
the central nervous system, vision, hearing, or other sensory or
motor function.
Added by Laws 1999, c. 106, § 1 emerg. eff. April 19, 1999.
§47-1-141. Owner.
A person who holds the legal title of a vehicle or in the event
a vehicle is the subject of an agreement for the conditional sale or
Oklahoma Statutes - Title 47. Motor Vehicles
lease thereof with a right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee, or in the
event a mortgagor of a vehicle is entitled to possession, then such
conditional vendee or lessee or mortgagor shall be deemed the owner
for the purpose of this Code.
Laws 1961, p. 318, § 1-141.
§47-1-142. Park, parking, and public parking lot.
(a) Park or parking means the standing of a vehicle, whether
occupied or not, otherwise than temporarily for the purpose of and
while actually engaged in loading or unloading merchandise or
passengers.
(b) A public parking lot is any parking lot on right-of-way
dedicated to public use or owned by the state or a political
subdivision thereof.
Laws 1961, p. 318, § 1-142; Laws 1968, c. 148, § 1, emerg. eff.
April 9, 1968.
§47-1-143. Pedestrian.
Any person afoot.
Laws 1961, p. 318, § 1-143.
§47-1-144. Person.
Every natural person, firm, copartnership, association or
corporation.
Laws 1961, p. 318, § 1-144.
§47-1-145. Pneumatic tire.
Every tire in which compressed air is designed to support the
load.
Laws 1961, p. 319, § 1-145.
§47-1-146. Pole trailer.
Every vehicle without motive power designed to be drawn by
another vehicle and attached to the towing vehicle by means of a
reach or pole, or by being boomed or otherwise secured to the towing
vehicle, and ordinarily used for transporting long or irregularly
shaped loads such as poles, pipes or structural members capable,
generally, of sustaining themselves as beams between the supporting
connections.
Laws 1961, p. 319, § 1-146.
§47-1-147. Police officer.
Every sheriff, constable, policeman, highway patrolman, and any
other officer who is authorized to direct or regulate traffic or
Oklahoma Statutes - Title 47. Motor Vehicles
make arrests for violations of state traffic laws and municipal
ordinances.
Laws 1961, p. 319, § 1-147.
§47-1-148. Private road or driveway.
Every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission
from the owner, but not by other persons.
Laws 1961, p. 319, § 1-148.
§47-1-149. Railroad.
Railroad.
A carrier of persons or property upon cars operated upon
stationary rails.
Added by Laws 1961, p. 319, § 1-149. Amended by Laws 2001, c. 131,
§ 1, eff. July 1, 2001.
§47-1-150. Railroad sign or signal.
Any sign, signal or device erected by authority of a public body
or official or by a railroad and intended to give notice of the
presence of railroad tracks or the approach of a railroad train.
Laws 1961, p. 319, § 1-150.
§47-1-151. Railroad train.
Railroad train.
A steam engine, diesel, electric or other motor, with or without
cars coupled thereto, operated upon rails.
Added by Laws 1961, p. 319, § 1-151. Amended by Laws 2001, c. 131,
§ 2, eff. July 1, 2001.
§47-1-152.
Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-152.1. Recreational vehicle.
Recreational Vehicle.
For the sole purpose of the classification of vehicles as
provided in Sections 1-107.1 through 1-107.4 of this title, a
recreational vehicle shall be deemed to be a Class D motor vehicle,
provided such vehicle is a self-propelled or towed vehicle that is
equipped to serve as temporary living quarters for recreational,
camping or travel purposes and is used solely as a family or
personal conveyance.
Added by Laws 1990, c. 219, § 7, eff. June 1, 1990. Amended by Laws
1995, c. 23, § 4, eff. Nov. 1, 1995.
§47-1-153.
Registration.
Oklahoma Statutes - Title 47. Motor Vehicles
The registration certificate or certificates and registration
plates issued under the laws of this state pertaining to the
registration of vehicles.
Laws 1961, p. 319, § 1-153.
§47-1-154. Residence district.
The territory contiguous to and including a highway not
comprising a business district when the property on such highway for
a distance of three hundred (300) feet or more is in the main
improved with residences or residences and buildings in use for
business.
Laws 1961, p. 319, § 1-154.
§47-1-155. Revocation of driving privilege.
The termination by formal action of Service Oklahoma of a
person's privilege to operate a motor vehicle on the public
highways. Such action shall include the requirement of the
surrender to Service Oklahoma of the person's driver license.
Laws 1961, p. 319, § 1-155, eff. Sept. 1, 1961. Amended by Laws
1994, c. 218, § 1, eff. April 1, 1995; Laws 2022, c. 282, § 26,
emerg. eff. May 19, 2022.
§47-1-156. Right-of-way.
The privilege of the immediate use of the roadway.
Laws 1961, p. 319, § 1-156.
§47-1-157.
Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-158. Roadway and shoulder.
(a) Roadway. That portion of a highway improved, designed or
ordinarily used for vehicular travel, exclusive of the shoulder. In
the event a highway includes two or more separate roadways the term
"roadway" as used herein shall refer to any such roadway separately
but not to all such roadways collectively.
(b) Shoulder. The portion of the roadway contiguous with the
traveled way for accommodation of stopped vehicles, for emergency
use, and for lateral support of base and surface courses.
Laws 1961, p. 319, § 1-158.
§47-1-159. Pedestrian refuge.
The area or space officially set apart within a roadway for the
exclusive use of pedestrians and which is protected or is so marked
or indicated by adequate signs as to be plainly visible at all times
while set apart shall be known as a pedestrian refuge.
Added by Laws 1961, p. 319, § 1-159, eff. Sept. 1, 1961. Amended by
Laws 2024, c. 35, § 1, eff. Nov. 1, 2024.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-1-160. School bus.
Every motor vehicle owned by a public or governmental agency and
operated for the transportation of children to or from school or
privately owned and operated for compensation for the transportation
of children to or from school, provided, however, that this
definition of school bus shall not be extended to include buses
normally used in city transit which may be used part time for
transportation of school children within such cities during some
portion of the day.
Added by Laws 1961, p. 319, § 1-160, eff. Sept. 1, 1961.
§47-1-161. Security.
Cash, certificates of deposit issued by financial institutions
located within the state, or corporate security bond deposited with
the Commissioner of Public Safety to secure payment of a judgment or
judgments arising out of a motor vehicle accident which occurred
prior to the demand for posting of security.
Added by Laws 1961, p. 320, § 1-161, eff. Sept. 1, 1961. Amended by
Laws 1998, c. 85, § 1, eff. July 1, 1998.
§47-1-162. Semitrailer.
Every vehicle with or without motive power, other than a pole
trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that some part of its
weight and that of its load rests upon or is carried by another
vehicle.
Laws 1961, p. 320, § 1-162.
§47-1-163. Sidewalk.
That portion of a street between the curb lines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
use of pedestrians.
Laws 1961, p. 320, § 1-163.
§47-1-164. Solid tire.
Every tire of rubber or other resilient material which does not
depend upon compressed air for the support of the load.
Laws 1961, p. 320, § 1-164.
§47-1-165. Special mobilized machinery.
Special purpose machines, either self-propelled or drawn as
trailers or semitrailers, which derive no revenue from the
transportation of persons or property, whose use of the highways is
only incidental, and whose useful revenue producing service is
performed at destinations in an area away from the traveled surface
of an established open highway, and which carry no load other than
their own weight, which cannot be divided for all practical
Oklahoma Statutes - Title 47. Motor Vehicles
purposes. This definition shall include a truck or truck tractor
when used while drawing special mobilized machinery but this shall
not be construed as exempting from license and registration the
pulling unit truck or truck tractor as required by the motor vehicle
license and registration.
Laws 1961, p. 320, § 1-165; Laws 1970, c. 61, § 1, emerg. eff. March
16, 1970.
§47-1-166.
Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-167. Stand or standing.
Means the halting of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually
engaged in receiving or discharging passengers.
Laws 1961, p. 320, § 1-167.
§47-1-168. State.
State.
A state, territory or possession of the United States, the
District of Columbia, the Commonwealth of Puerto Rico or a province
or territory of the Dominion of Canada.
Added by Laws 1961, p. 320, § 1-168. Amended by Laws 2025, c. 330,
§ 1, eff. July 1, 2025.
§47-1-169. Stop.
When required means complete cessation from movement.
Laws 1961, p. 320, § 1-169.
§47-1-170. Stop or stopping.
When prohibited means any halting even momentarily of a vehicle,
whether occupied or not, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police
officer or a traffic-control sign or signal.
Laws 1961, p. 320, § 1-170.
§47-1-171. Street.
The entire width between boundary lines of every way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular travel.
Laws 1961, p. 320, § 1-171.
§47-1-171.1. Street-legal utility vehicle.
Street-legal utility vehicle.
A. A "street-legal utility vehicle" is any motor vehicle
having:
1. A bench seat or side-by-side seat for the use of each rider;
Oklahoma Statutes - Title 47. Motor Vehicles
2. Four wheels in contact with the ground, but excluding a
tractor;
3. A combustion engine with a piston or rotor displacement of
four hundred cubic centimeters (400 cc) or greater and capable of
maintaining speeds of fifty (50) miles per hour or greater;
4. For each occupant, safety belts or safety shoulder harnesses
which shall be of a type and shall be installed pursuant to 49
C.F.R., Section 571.208 et seq.; and
5. All equipment required by the provisions of Sections 12-201
through 12-232 of this title, with respect to equipment on vehicles.
B. A street-legal utility vehicle operated on the streets and
highways of this state shall be registered as a motor vehicle.
C. The operator of a street-legal utility vehicle shall not be
required to have an "M" endorsement on the Class D license pursuant
to Section 6-110.1 of this title. The operator shall be at least
sixteen (16) years of age and hold a valid Oklahoma driver license.
Added by Laws 2021, c. 328, § 1, emerg. eff. April 28, 2021.
Amended by Laws 2025, c. 287, § 1, eff. Nov. 1, 2025.
§47-1-172.
Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-173. Suspension of driving privilege.
The temporary withdrawal by formal action of Service Oklahoma of
a person's privilege to operate a motor vehicle on the public
highways. Such action shall include the requirement of the
surrender to Service Oklahoma of the person's driver license.
Laws 1961, p. 320, § 1-173, eff. Sept. 1, 1961. Amended by Laws
1994, c. 218, § 2, eff. April 1, 1995; Laws 2022, c. 282, § 27,
emerg. eff. May 19, 2022.
§47-1-173.1. Tank vehicle.
Tank Vehicle.
Any commercial motor vehicle designed to transport any liquid or
gaseous materials within a tank or tanks having an individual rated
capacity of more than one hundred nineteen (119) gallons and an
aggregate rated capacity of one thousand (1,000) or more gallons
that is either permanently or temporarily attached to the vehicle or
the chassis. A commercial motor vehicle transporting an empty
storage container tank, not designed for transportation, with a
rated capacity of one thousand (1,000) or more gallons that is
temporarily attached to a flatbed trailer is not considered a tank
vehicle. Such vehicles include but are not limited to cargo tanks
and portable tanks as defined by 49 C.F.R., Part 171; provided, a
commercial motor vehicle transporting an empty storage container
tank, not designed for transportation, with a rated capacity of one
thousand (1,000) or more gallons that is temporarily attached to a
flatbed trailer is not considered a tank vehicle.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1990, c. 219, § 8, eff. Jan. 1, 1991. Amended by Laws
1992, c. 217, § 2, eff. July 1, 1992; Laws 2012, c. 207, § 1, emerg.
eff. May 8, 2012.
§47-1-174. Taxicab.
Taxicab shall mean and include any motor vehicle for hire,
designed to carry eight (8) persons or less, operated upon any
street or highway, or on call or demand, accepting or soliciting
passengers indiscriminately for transportation for hire between such
points along streets or highways as may be directed by the passenger
or passengers so being transported. This classification shall not
include:
1. Motor vehicles of eight-passenger capacity or less operated
by the owner where the cost of operation is shared by fellow workmen
between their homes and the place of regular daily employment, when
not operated for more than two trips per day;
2. Motor vehicles operated by the owner where the cost of
operation is shared by the passengers on a "share the expense plan";
3. Motor vehicles transporting students from the public school
system when the motor vehicle is so transporting under contract with
public, private or parochial school board or governing body, or
4. Motor vehicles operating pursuant to the Oklahoma
Transportation Network Company Act as provided for in Section 1011
of this title.
Added by Laws 1961, p. 320, § 1-174, eff. Sept. 1, 1961. Amended by
Laws 1993, c. 11, § 1, eff. Sept. 1, 1993; Laws 2017, c. 67, § 1,
eff. Nov. 1, 2017.
§47-1-175. Through highway.
Every highway or portion thereof on which vehicular traffic is
given preferential right of way, and at the entrances to which
vehicular traffic from intersecting highways is required by law to
yield right of way to vehicles on such through highway in obedience
to either a stop sign or a yield sign, when such signs are erected
as provided in this act.
Laws 1961, p. 321, § 1-175.
§47-1-176.
Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-1-177. Traffic.
Traffic.
Pedestrians, ridden or herded animals, vehicles, and other
conveyances either singly or together, while using any highway for
purposes of travel.
Added by Laws 1961, p. 321, § 1-177. Amended by Laws 2001, c. 131,
§ 3, eff. July 1, 2001.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-1-178. Traffic control signal.
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and to
proceed.
Laws 1961, p. 321, § 1-178.
§47-1-179. Traffic lane.
The portion of the traveled way for the movement of a single
line of vehicles.
Laws 1961, p. 321, § 1-179.
§47-1-180. Trailer.
Every vehicle with or without motive power, other than a pole
trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that no part of its
weight rests upon the towing vehicle, provided however, the
definition of trailer herein shall not include implements of
husbandry as defined in Section 1-125 of this chapter.
Laws 1961, p. 321, § 1-180.
§47-1-181. Transporter.
Transporter.
“Transporter” shall mean every person engaged in the business of
delivering vehicles of a type required to be registered hereunder
from a manufacturing, assembling, or distributing plant to dealers
or sales agents of a manufacturer or from the place of business of a
dealer, sales agent, or auto auction to a place of business of the
same or another dealer, sales agent, or auto auction, or while
engaged in the business of dealing vehicles to a salvage pool
operated in accordance with Section 591.11 of this title.
Added by Laws 1961, p. 321, § 1-181, eff. Sept. 1, 1961. Amended by
Laws 1999, c. 125, § 1, emerg. eff. April 26, 1999; Laws 2025, c.
156, § 1, eff. Nov. 1, 2025.
§47-1-181.1. Travel trailer.
Travel Trailer.
Any vehicular portable structure built on a chassis which is not
propelled by its own power but is towed by another vehicle and is
used as a temporary dwelling for travel, recreational or vacational
use. A travel trailer shall have a body width not exceeding eight
(8) feet in travel mode and an overall length not exceeding forty
(40) feet, including the hitch or coupling.
Added by Laws 1990, c. 219, § 9, eff. June 1, 1990.
§47-1-182. Truck.
Every motor vehicle designed, used or maintained primarily for
the transportation of property.
Oklahoma Statutes - Title 47. Motor Vehicles
Laws 1961, p. 321, § 1-182.
§47-1-183. Truck tractor.
(a) Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than
a part of the weight of the vehicle and load so drawn; and
(b) For the purposes of paragraph 3 of subsection (c) of
Section 14-103 of this title, the term truck-tractor shall also
include oil field rig-up trucks when towing a trailer or
semitrailer.
Amended by Laws 1985, c. 290, § 1, operative July 1, 1985.
§47-1-184. Turnpike and turnpike authority.
Turnpike and Turnpike Authority.
A. The words "Turnpike Authority", “Transportation Authority”,
or "Authority" shall mean the Oklahoma Transportation Authority,
created by Section 1703 of Title 69 of the Oklahoma Statutes, or, if
the Authority shall be abolished, the board, body, or commission
succeeding to the principal functions thereof or to whom the powers
given by this act to the Authority shall be given by law.
B. A turnpike is a limited access grade separated expressway
financed and operated by the Oklahoma Transportation Authority upon
which a toll is charged for the use thereof.
Added by Laws 1961, p. 321, § 1-184. Amended by Laws 2001, c. 131,
§ 4, eff. July 1, 2001.
§47-1-185. Urban district.
The territory contiguous to and including any street which is
built up with structures devoted to business, industry or dwelling
houses situated at intervals of less than one hundred (100) feet for
a distance of a quarter of a mile or more.
Laws 1961, p. 321, § 1-185.
§47-1-186. Vehicle.
Vehicle.
A. A vehicle is any device in, upon or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices used exclusively upon stationary rails or tracks.
B. As used in this title, the term "vehicle" shall not include:
1. Implements of husbandry, as defined in Section 1-125 of this
title;
2. Electric personal assistive mobility devices, as defined in
Section 1-114A of this title; or
3. Motorized wheelchairs, as defined in Section 1-136.3 of this
title.
Added by Laws 1961, p. 321, § 1-186, eff. Sept. 1, 1961. Amended by
Laws 2002, c. 58, § 3, emerg. eff. April 11, 2002; Laws 2003, c.
Oklahoma Statutes - Title 47. Motor Vehicles
411, § 9, eff. Nov. 1, 2003; Laws 2005, c. 50, § 3, eff. Nov. 1,
2005.
§47-2-101. Creation of Department of Public Safety and Office of
Commissioner of Public Safety - Powers and authority - Chief officer
- Services for Governor and Lieutenant Governor.
(a) A department of the government of this state to be known as
the "Department of Public Safety" is hereby created, and offices for
the Department shall be furnished by the Office of Management and
Enterprise Services. The Department of Public Safety shall be under
the control and supervision of the Commissioner of Public Safety,
which office and position is hereby created.
The Commissioner shall have such powers and authority as may be
granted by the provisions of the Uniform Vehicle Code or as may
otherwise be provided by law.
(b) The Governor shall be the chief officer of the Department
of Public Safety and the Commissioner of Public Safety shall execute
the lawful orders of the Governor and shall be responsible to him
for the operation and administration of said Department. The
Commissioner of Public Safety shall provide personal security and
protection, transportation, and communications capabilities for the
Governor, the Governor's immediate family, and the Lieutenant
Governor. The Commissioner is authorized to provide necessary
communications equipment to said persons even if said persons are
not on state property or in state vehicles. The Commissioner of
Public Safety is hereby authorized to purchase or lease and equip
motor vehicles for the use of the Governor and Lieutenant Governor.
The purchase or lease price of any such motor vehicles and equipment
shall be paid from any appropriation for motor vehicles made to the
Department of Public Safety.
Added by Laws 1961, p. 322, § 2-101, eff. Sept. 1, 1961. Amended by
Laws 1967, c. 35, § 1, emerge. eff. March 23, 1967; Laws 1983, c.
302, § 1, emerg. eff. June 23, 1983; Laws 1983, c. 304, § 20, eff.
July 1, 1983; Laws 1986, c. 19, § 1, emerg. eff. March 17, 1986;
Laws 2012, c. 304, § 159.
§47-2-102. Commissioner of Public Safety - Qualifications Appointment - Vacancy - Expenses - Bond - Oath.
A. 1. The Department shall be under the control of an
executive officer to be known as the "Commissioner of Public
Safety", who shall be appointed by the Governor with the advice and
consent of the Senate.
2. The Commissioner of Public Safety shall be a professional
law enforcement officer with ten (10) years' experience in the field
of law enforcement or with five (5) years' experience in the field
of law enforcement and a graduate of a four-year college with a
Oklahoma Statutes - Title 47. Motor Vehicles
degree in law enforcement administration, law, criminology or a
related science.
3. Any vacancy in the office of the Commissioner shall be
filled in the same manner as the original appointment is made.
4. The Commissioner shall be allowed the actual and necessary
expenses incurred in the performance of official duties of the
Commissioner while away from the office.
B. The Commissioner of Public Safety, after appointment and
before entering upon the discharge of duties, shall take and
subscribe to the oath of office required by the Constitution.
Bonding of the Commissioner of Public Safety and other employees of
the Department will be provided under the provisions of Section
85.26 of Title 74 of the Oklahoma Statutes.
C. The Commissioner of Public Safety shall be eligible to
participate in either the Oklahoma Public Employees Retirement
System or in the Oklahoma Law Enforcement Retirement System and
shall make an irrevocable election in writing to participate in one
of the two retirement systems.
D. Any employee of the Department of Public Safety appointed to
the position of Commissioner shall have the ability to return to the
previous position of the employee without any loss of rights,
privileges or benefits immediately upon completion of the duties as
Commissioner, provided the employee is not otherwise disqualified
due to disciplinary reasons, termination of employment or inability
to effectively lead the agency.
Added by Laws 1961, p. 322, § 2-102, eff. Sept. 1, 1961. Amended by
Laws 1967, c. 20, § 1, emerg. eff. Feb. 23, 1967; Laws 1970, c. 221,
§ 1, emerg. eff. April 15, 1970; Laws 1973, c. 224, § 1, emerg. eff.
May 24, 1973; Laws 1974, c. 291, § 1, operative July 1, 1974; Laws
1975, c. 321, § 1, operative July 1, 1975; Laws 1976, c. 242, § 1,
operative July 1, 1976; Laws 1977, c. 249, § 1, operative July 1,
1977; Laws 1978, c. 209, § 1, eff. July 1, 1978; Laws 1978, c. 271,
§ 1, operative July 1, 1978; Laws 1979, c. 267, § 1, eff. July 1,
1979; Laws 1980, c. 350, § 1, eff. July 1, 1980; Laws 1981, c. 264,
§ 13, eff. July 1, 1981; Laws 1982, c. 352, § 9, operative July 1,
1982; Laws 1983, c. 286, § 9, operative July 1, 1983; Laws 2002, c.
397, § 4, eff. Nov. 1, 2002; Laws 2003, c. 199, § 5, eff. Nov. 1,
2003; Laws 2005, c. 190, § 7, eff. Sept. 1, 2005; Laws 2018, c. 60,
§ 1, eff. Nov. 1, 2018.
§47-2-103. Organization of Department.
A. The Commissioner shall organize the Department of Public
Safety as prescribed by law and in such manner as may be deemed
necessary and proper to segregate and conduct the work of the
Department. The Commissioner shall appoint assistants, deputies,
officers, investigators and other employees as may be necessary to
carry out the provisions of this title.
Oklahoma Statutes - Title 47. Motor Vehicles
B. Unless otherwise provided by law, salaries and traveling
expenses of employees of the Department and the cost of equipment
for the Department shall be paid from the appropriations made to the
Department of Public Safety.
C. The Commissioner is authorized to purchase and maintain
motor vehicles and other equipment for use by the employees of the
Department.
Added by Laws 1961, p. 322, § 2-103, eff. Sept. 1, 1961. Amended by
Laws 1965, c. 429, § 1, emerg. eff. July 8, 1965; Laws 1988, c. 98,
§ 1, operative July 1, 1988; Laws 1998, c. 32, § 1, emerg. eff.
April 1, 1998; Laws 1998, c. 245, § 1, July 1, 1998.
§47-2-104. Commissioner to appoint subordinates - Salaries.
A. The Commissioner, subject to the Merit System laws, if
applicable, shall appoint a Chief of Administration and such other
deputies, subordinates, officers, investigators and other employees
as may be necessary to implement the provisions of this title. Any
employee of the Department of Public Safety appointed to the
position of Chief of Administration who is otherwise statutorily
eligible shall have a right to return to the previous position of
the employee without any loss of rights, privileges or benefits
immediately upon completion of the duties as Chief of
Administration, provided the employee is not otherwise disqualified.
B. When traveling with the Governor or at his or her request:
1. Those personnel assigned by the Commissioner for executive
security shall be allowed their actual and necessary traveling
expenses, upon claims approved by the Commissioner, and shall
receive, in addition to base salary, an additional One Hundred
Seventy-five Dollars ($175.00) per month; and
2. Those personnel serving as noncommissioned pilots in the
Department of Public Safety shall be allowed their actual and
necessary traveling expenses, upon claims approved by the
Commissioner.
C. Any person appointed to the position of Chief of
Administration of the Department of Public Safety shall be eligible
for retirement participation as a member of the Highway Patrol
Division in the Oklahoma Law Enforcement Retirement System if such
person at the time of appointment satisfies the age qualifications
of an Oklahoma Highway Patrolman as provided in subsection B of
Section 2-105 of this title, and is otherwise eligible to
participate in the retirement program; otherwise, the Chief of
Administration shall participate in the Oklahoma Public Employees
Retirement upon appointment. However, the Chief of Administration
shall be eligible for participation in only one retirement system
and shall elect in writing the system in which the Chief of
Administration intends to participate.
Oklahoma Statutes - Title 47. Motor Vehicles
D. The salaries of the employees of the Department of Public
Safety shall be governed by and in accordance with the procedures
established by the Office of Management and Enterprise Services,
unless otherwise provided by law.
Added by Laws 1961, p. 323, § 2-104, eff. Sept. 1, 1961. Amended by
Laws 1961, p. 311, § 1; Laws 1965, c. 429, § 2; Laws 1967, c. 349, §
1, emerg. eff. May 18, 1967; Laws 1969, c. 284, § 1, emerg. eff.
April 25, 1969; Laws 1970, c. 244, § 1, eff. July 1, 1970; Laws
1971, c. 354, § 1, operative July 1, 1971; Laws 1972, c. 234, § 1,
operative July 1, 1972; Laws 1973, c. 224, § 2, emerg. eff. May 24,
1973; Laws 1974, c. 291, § 2, operative July 1, 1974; Laws 1975, c.
321, § 2, operative July 1, 1975; Laws 1976, c. 242, § 2, operative
July 1, 1976; Laws 1977, c. 249, § 2, operative July 1, 1977; Laws
1978, c. 271, § 2, operative July 1, 1978; Laws 1979, c. 267, § 2,
eff. July 1, 1979; Laws 1980, c. 350, § 2, eff. July 1, 1980; Laws
1981, c. 340, § 13, eff. July 1, 1981; Laws 1982, c. 352, § 10,
operative July 1, 1982; Laws 1983, c. 286, § 10, operative July 1,
1983; Laws 1986, c. 19, § 2, emerg. eff. March 17, 1986; Laws 1986,
c. 279, § 9, operative July 1, 1986; Laws 1987, c. 205, § 67,
operative July 1, 1987; Laws 1989, c. 295, § 11, operative July 1,
1989; Laws 1990, c. 258, § 60, operative July 1, 1990; Laws 1998, c.
395, § 2, eff. Sept. 1, 1998; Laws 1999, c. 1, § 12, emerg. eff.
Feb. 24, 1999; Laws 2002, c. 397, § 5, eff. Nov. 1, 2002; Laws 2012,
c. 304, § 160; Laws 2019, c. 290, § 1, emerg. eff. May 2, 2019.
NOTE: Laws 1983, c. 302, § 2 repealed by Laws 1986, c. 19, § 7,
emerg. eff. March 17, 1986. Laws 1998, c. 245, § 2 repealed by Laws
1999, c. 1, § 45, emerg. eff. Feb. 24, 1999.
§47-2-105. Personnel of Highway Patrol Division - Qualifications Probationary period - Suspension or dismissal - Transfer Grievances - Uniforms – Top-ranking officers - Training and expenses
- Reinstatement.
A. The Commissioner of Public Safety, subject to the Oklahoma
Personnel Act, shall appoint:
1. A Chief of the Oklahoma Highway Patrol Division with the
rank of Colonel, Deputy Chiefs of the Oklahoma Highway Patrol
Division with the rank of Lieutenant Colonel, and subordinate
officers and employees of the Oklahoma Highway Patrol Division,
including Majors, Captains, Lieutenants, and Highway Patrolmen with
the rank of Trooper, who shall comprise the Oklahoma Highway Patrol
Division of the Department of Public Safety; provided, any officer
appointed to a commissioned position prescribed in this paragraph
which is unclassified pursuant to Section 840-5.5 of Title 74 of the
Oklahoma Statutes shall have a right of return to the highest
previously held classified commissioned position within the Oklahoma
Highway Patrol Division of the Department of Public Safety without
Oklahoma Statutes - Title 47. Motor Vehicles
any loss of rights, privileges or benefits immediately upon
completion of the duties in the unclassified commissioned position;
2. A Captain, Lieutenants, and Patrolmen who shall comprise the
Marine Enforcement Section of the Oklahoma Highway Patrol Division
of the Department of Public Safety;
3. A Captain, Lieutenants, and Patrolmen, who shall comprise
the Capitol Patrol Section of the Oklahoma Highway Patrol Division
of the Department of Public Safety; and
4. Communications Coordinators, Communications Superintendents,
Communications Supervisors, Communications Dispatchers, Radio
Technicians and Tower Maintenance Officers who shall comprise the
Communications Division of the Department of Public Safety.
B. No person shall be appointed to any position set out in
subsection A of this section unless the person is a citizen of the
United States and of good moral character. The Commissioner shall
determine minimum qualifications for all positions set out in
subsection A of this section, provided such qualifications shall
include, but are not limited to, the following:
1. For commissioned officer positions:
a.
appointees shall be selected only after examination to
determine physical and mental fitness for such
positions. The examination criteria shall be
prescribed by the Commissioner,
b.
appointees shall be at least twenty-one (21) years of
age but less than forty-six (46) years of age,
c.
prior to receiving a commission, all such appointees
shall satisfactorily complete a course of training in
operations and procedures as prescribed by the
Commissioner, and
d.
prior to receiving a commission, all such appointees
shall possess an associate's degree or a minimum of
sixty-two (62) successfully completed semester hours
from an accredited college or university as denoted in
the Database of Accredited Postsecondary Institutions
and Programs provided by the U.S. Department of
Education and whose hours are transferable between
such recognized institutions. Prior years of military
or law enforcement service shall qualify as a
substitute for the educational requirement, up to a
maximum of thirty (30) semester hours, for any
combination of the following:
(1) ten (10) semester hours for each year of
honorable service in any active military or
reserve military service,
(2) ten (10) semester hours for each year the
appointee worked as a paid, full-time, CLEETcertified law enforcement officer of a law
Oklahoma Statutes - Title 47. Motor Vehicles
enforcement agency within the State of Oklahoma,
or
(3) ten (10) semester hours for each year the
appointee worked as a paid, full-time sworn law
enforcement officer certified by a state peace
officer standards and training agency as a peace
officer in another state, or any officer who has
been certified as a federal peace officer by a
CLEET-recognized law enforcement agency; and
2. Any person appointed to a position in the Communications
Division shall be at least eighteen (18) years of age and shall
possess a high school diploma or General Educational Development
equivalency certificate.
C. 1. Upon initial appointment to the position of Cadet
Highway Patrolman or Probationary Communications Dispatcher, the
appointed employee shall be required to serve an initial
probationary period of twelve (12) months. The Commissioner may
extend the probationary period for up to three (3) additional months
provided that the employee and the Office of Management and
Enterprise Services are notified in writing as to such action and
the reasons thereof. During such probationary period, the employee
may be terminated at any time and for any reason at the discretion
of the Commissioner. Retention in the service after expiration of
the initial probationary period shall entitle such employee to be
classified as a permanent employee and the employee shall be so
classified. No permanent employee may be discharged or removed
except as provided for in this section.
2. A commissioned officer of the Oklahoma Highway Patrol
Division may be promoted during the initial probationary period if
such officer satisfactorily completes all training requirements
prescribed by the Commissioner.
D. 1. No commissioned officer of the Department shall be a
candidate for any political office or take part in or contribute any
money or other thing of value, directly or indirectly, to any
political campaign or to any candidate for public office. Anyone
convicted of violating the provisions of this paragraph shall be
guilty of a misdemeanor and shall be punished as provided by law.
2. No commissioned officer of the Department, while in the
performance of the officer's assigned duty of providing security and
protection, shall be considered as participating in a political
campaign. The provisions of this paragraph shall not be construed
to preclude a commissioned officer of the Oklahoma Highway Patrol
Division of the Department of Public Safety from being a candidate
for a position on a local board of education.
3. The Commissioner or any employee of the Department shall not
be a candidate for any political office, or in any way be active or
Oklahoma Statutes - Title 47. Motor Vehicles
participate in any political contest of any Primary, General, or
Special Election, except to cast a ballot.
E. Drunkenness or being under the influence of intoxicating
substances shall be sufficient grounds for the removal of any
commissioned officer of the Department, as provided for in this
section.
F. 1. No permanent employee, as provided for in this section,
who is a commissioned officer of the Department, may be suspended
without pay or dismissed unless the employee has been notified in
writing by the Commissioner of such intended action and the reasons
thereof. No such notice shall be given by the Commissioner unless
sworn charges or statements have been obtained to justify the
action.
2. Whenever such charges are preferred, the Commissioner may
suspend the accused pending the hearing and final determination of
such charges. If the charges are not sustained in whole or in part,
the accused shall be entitled to pay during the period of such
suspension. If the charges are sustained in whole or in part, the
accused shall not receive any pay for the period of such suspension.
3. Commissioned officers of the Department of Public Safety are
not entitled to appeal intra-agency transfer to the Oklahoma Merit
Protection Commission pursuant to the Oklahoma Personnel Act unless
the transfer is in violation of Section 840-2.5 or 840-2.9 of Title
74 of the Oklahoma Statutes.
4. The Department of Public Safety shall follow the uniform
grievance procedure established and adopted by the Office of
Management and Enterprise Services for permanent classified
employees, except for those employees who are commissioned officers
of the Department. The Department of Public Safety shall establish
and adopt a proprietary grievance procedure for commissioned
officers of the Department which is otherwise in compliance with the
provisions of Section 840-6.2 of Title 74 of the Oklahoma Statutes.
G. 1. The Commissioner is hereby authorized to purchase and
issue uniforms and necessary equipment for all commissioned officers
of the Oklahoma Highway Patrol Division of the Department. All
uniforms and equipment shall be used only in the performance of the
official duties of such officers and shall remain the property of
the Department, except as provided in Section 2-150 of this title.
2. Each commissioned officer of the Highway Patrol Division of
the Department of Public Safety shall be entitled to reimbursement
of expenses pursuant to the State Travel Reimbursement Act while
away from the assigned area of the officer as designated by the
Chief of the Oklahoma Highway Patrol Division, when such expense is
incurred in the service of the state.
H. 1. The positions with the rank of Colonel and Lieutenant
Colonel of the Oklahoma Highway Patrol Division shall be filled from
the body of commissioned officers of the Oklahoma Highway Patrol
Oklahoma Statutes - Title 47. Motor Vehicles
Division and appointment to said positions shall be based on
qualifications, previous record as a commissioned officer of the
Oklahoma Highway Patrol Division, length of service, years of
experience within the Oklahoma Highway Patrol Division or other
service as prescribed in this subsection, and efficiency of service
performed.
2. In addition to the requirements of paragraph 1 of this
subsection, the position of Chief of the Oklahoma Highway Patrol
Division shall be based on one of the following:
a.
one (1) year of experience in any combination:
(1) as Commissioner of Public Safety,
(2) as Assistant Commissioner of Public Safety, or
(3) as Assistant Chief,
b.
two (2) years of experience in any combination:
(1) as Deputy Chief or higher rank, or
(2) if the experience was prior to April 21, 2006, as
Major or higher rank,
c.
four (4) years of experience in any combination:
(1) as Major or higher rank, or
(2) if the experience was prior to April 21, 2006, as
Captain or higher rank, or
d.
six (6) years of experience in any combination:
(1) as Captain or higher rank, or
(2) if the experience was prior to April 21, 2006, as
First Lieutenant or higher rank.
3. In addition to the requirements of paragraph 1 of this
subsection, the position of Deputy Chief of the Oklahoma Highway
Patrol Division shall be based on one of the following:
a.
one (1) year of experience in any combination:
(1) as Commissioner of Public Safety,
(2) as Assistant Commissioner of Public Safety, or
(3) as Colonel,
b.
two (2) years of experience in any combination:
(1) as Major or higher rank, or
(2) if the experience was prior to April 21, 2006, as
Captain or higher rank, or
c.
four (4) years of experience in any combination:
(1) as Captain or higher rank, or
(2) if the experience was prior to April 21, 2006, as
Highway Patrol First Lieutenant or higher rank.
I. The Commissioner of Public Safety is hereby authorized to
send employees of the Department of Public Safety to schools such as
Northwestern University Center for Public Safety, Southern Police
Institute, the FBI National Academy, the Institute of Police
Technology and Management, or to any other schools of similar
training which would be conducive to improving the efficiency of the
Oklahoma Highway Patrol Division and the Department of Public
Oklahoma Statutes - Title 47. Motor Vehicles
Safety. While an employee is attending a school, the Commissioner
is authorized to permit the employee to use a state-owned vehicle
and to use a fuel-purchasing card for any expenses related to the
operation of the vehicle. In addition, while an employee is
attending the FBI National Academy, a one-time expense allowance of
Two Thousand Dollars ($2,000.00) for uniforms, fees, travel, room
and board, and other related expenses shall be paid to the employee
by the Department; provided, the employee shall not be further
compensated through the State Travel Reimbursement Act, and, if any
other agency reimburses the employee for any expenses, the
reimbursement shall be given to the Department. All purchases made
by the employee with the expense allowance shall be considered
property of the employee.
J. 1. Any former commissioned officer of the Department whose
separation from the Department was at such officer's own request and
not a result of such officer's own actions contrary to the policy of
the Department or was not as a result of the retirement of that
officer from the Department may make application for reinstatement
as a commissioned officer of the division or section of the
Department in which such officer was previously employed, provided
such reinstated officer will be able to complete twenty (20) years
of credited service by the time the reinstated officer reaches
sixty-two (62) years of age. The Commissioner may waive the
requirements of possessing the number of semester hours or degree as
required in subsection B of this section for any former commissioned
officer making application for reinstatement as a commissioned
officer of the Department. The Commissioner may require the
applicant for reinstatement to attend selected courses of
instruction, as prescribed by the Commissioner.
2. In the event of future hostilities wherein the Congress of
the United States declares this nation in a state of war with a
foreign nation, including military service brought about by the
Vietnam War, any period of military service served by a commissioned
officer of the Department shall be considered as continued service
with such Department, provided such commissioned officer returns to
duty with the Department within sixty (60) days after release from
military service.
Added by Laws 1961, p. 323, § 2-105, eff. Sept. 1, 1961. Amended by
Laws 1961, p. 311, § 2; Laws 1965, c. 108, § 1, emerg. eff. May 12,
1965; Laws 1965, c. 429, § 3, emerg. eff. July 8, 1965; Laws 1967,
c. 199, §§ 1, 2; Laws 1967, c. 349, § 2, emerg. eff. May 18, 1967;
Laws 1969, c. 284, § 2, emerg. eff. April 25, 1969; Laws 1970, c.
244, § 2, eff. July 1, 1970; Laws 1971, c. 354, § 2, operative July
1, 1971; Laws 1973, c. 224, § 6, emerg. eff. May 24, 1973; Laws
1974, c. 291, § 3, operative July 1, 1974; Laws 1975, c. 321, § 3,
operative July 1, 1975; Laws 1976, c. 242, § 3, operative July 1,
1976; Laws 1977, c. 249, § 3, operative July 1, 1977; Laws 1978, c.
Oklahoma Statutes - Title 47. Motor Vehicles
271, § 3, operative July 1, 1978; Laws 1980, c. 357, § 1, eff. July
1, 1980; Laws 1981, c. 340, § 14, eff. July 1, 1981; Laws 1982, c.
352, § 11, operative July 1, 1982; Laws 1983, c. 302, § 3, emerg.
eff. June 23, 1983; Laws 1984, c. 264, § 10, operative July 1, 1984;
Laws 1986, c. 19, § 3, emerg. eff. March 17, 1986; Laws 1986, c.
279, § 10, operative July 1, 1986; Laws 1989, c. 295, § 12,
operative July 1, 1989; Laws 1990, c. 315, § 1, eff. July 1, 1990;
Laws 1992, c. 2, § 1, emerg. eff. March 18, 1992; Laws 1994, c. 218,
§ 3, eff. July 1, 1994; Laws 1998, c. 245, § 3, eff. July 1, 1998;
Laws 2000, c. 195, § 1, eff. July 1, 2000; Laws 2000, c. 378, § 1,
eff. Jan. 1, 2001; Laws 2001, c. 435, § 1, eff. July 1, 2001; Laws
2003, c. 461, § 3, eff. July 1, 2003; Laws 2004, c. 5, § 29, emerg.
eff. March 1, 2004; Laws 2004, c. 418, § 3, eff. July 1, 2004; Laws
2006, c. 81, § 1, emerg. eff. April 21, 2006; Laws 2007, c. 62, § 6,
emerg. eff. April 30, 2007; Laws 2009, c. 310, § 1, eff. July 1,
2009; Laws 2010, c. 60, § 1, eff. Nov. 1, 2010; Laws 2011, c. 104, §
1, eff. Nov. 1, 2011; Laws 2012, c. 304, § 161; Laws 2014, c. 228, §
1, eff. July 1, 2014; Laws 2017, c. 282, § 1, eff. Nov. 1, 2017;
Laws 2022, c. 301, § 1, eff. July 1, 2022.
NOTE: Laws 2003, c. 279, § 1 repealed by Laws 2004, c. 5, § 30,
emerg. eff. March 1, 2004.
§47-2-105.1.
1988.
Repealed by Laws 1988, c. 290, § 25, operative July 1,
§47-2-105.2. Highway Patrol Academies.
The Department of Public Safety is authorized to conduct Highway
Patrol Academies as may be required and within the funds available
to the Department. Provided, however, that no such academy shall be
commenced nor shall any funds be expended for an academy until:
1. The academy has been approved for implementation by the
Contingency Review Board; or
2. The Legislature has authorized the academy.
Added by Laws 1981, c. 264, § 8, emerg. eff. June 25, 1981. Amended
by Laws 2001, c. 89, § 1, eff. July 1, 2001; Laws 2003, c. 279, § 2,
emerg. eff. May 26, 2003.
§47-2-105.3.
1998.
Repealed by Laws 1998, c. 245, § 10, eff. July 1,
§47-2-105.3a. Executive security.
A. Upon receipt from the Oklahoma State Bureau of Investigation
of an investigative report pursuant to paragraph 9 of Section 150.2
of Title 74 of the Oklahoma Statutes, the Commissioner of Public
Safety or a designee shall determine what, if any, executive
security will be provided to the official by the Department of
Public Safety. Nothing in this subsection shall preclude the
Oklahoma Statutes - Title 47. Motor Vehicles
Commissioner from providing temporary executive security to an
official of this state or of any political subdivision of the state,
if essential, prior to the receipt of the investigative report from
the Oklahoma State Bureau of Investigation.
B. The Commissioner of Public Safety may, upon the request of a
state agency head, appoint and commission qualified individuals to
provide executive security for that agency. The Commissioner shall
determine the qualifications of the individuals, the authority level
and the time period for the appointment and commission.
C. The Commissioner of Public Safety shall, at the direction of
the Governor, provide executive security for political candidates,
foreign elected or appointed officials, visiting public officials,
or any other person for whom executive security is deemed necessary
by the Governor.
Added by Laws 1996, c. 281, § 2, emerg. eff. June 5, 1996. Amended
by Laws 2003, c. 199, § 6, eff. Nov. 1, 2003.
§47-2-105.4. Salaries.
A. The annual salaries for the Commissioner of Public Safety,
the Assistant Commissioner of Public Safety and the commissioned
officers within the Highway Patrol Division shall be in accordance
and conformity with the findings for Department of Public Safety law
enforcement personnel of the State of Oklahoma Total Remuneration
Study of 2013, exclusive of longevity pay, as authorized by Section
840-2.18 of Title 74 of the Oklahoma Statutes, expense allowance, as
authorized by Section 2-130 of this title, and irregular shift pay,
as authorized by Section 2-130.1 of this title.
B. The provisions of this section shall supersede all existing
laws covering the salaries for the Commissioner of Public Safety,
the Assistant Commissioner of Public Safety and the commissioned
officers in the Highway Patrol Division of the Department of Public
Safety.
C. Nothing in this section shall be construed to prohibit a
reduction in pay or salary due to involuntary leave without pay as
authorized in Section 840-2.27C of Title 74 of the Oklahoma
Statutes.
Added by Laws 1988, c. 290, § 21, operative July 1, 1988. Amended
by Laws 1989, c. 295, § 13, operative July 1, 1989; Laws 1990, c.
258, § 59, operative July 1, 1990; Laws 1992, c. 118, § 1, emerg.
eff. April 23, 1992; Laws 1992, c. 367, § 20, eff. July 1, 1992;
Laws 1993, c. 190, § 1, emerg. eff. May 24, 1993; Laws 1994, c. 239,
§ 1; Laws 1996, c. 57, § 3, eff. July 1, 1996; Laws 1996, c. 300, §
1, eff. July 1, 1996; Laws 1997, c. 201, § 1, eff. Nov. 1, 1997;
Laws 1998, c. 245, § 4, eff. Jan. 1, 1999; Laws 1999, c. 120, § 1,
emerg. eff. April 26, 1999; Laws 2000, c. 37, § 10, eff. Oct. 1,
2000; Laws 2001, c. 435, § 2, eff. July 1, 2001; Laws 2004, c. 161,
§ 1, eff. Jan. 1, 2005; Laws 2006, c. 81, § 2, eff. April 21, 2006;
Oklahoma Statutes - Title 47. Motor Vehicles
Laws 2006, 2nd Ex.Sess., c. 83, § 2, eff. Oct. 1, 2006; Laws 2011,
c. 335, § 2; Laws 2014, c. 135, § 1, eff. July 1, 2014.
§47-2-105.4A. Size and Weight Enforcement Section of Oklahoma
Highway Patrol Division created - Additional members of Highway
Patrol - Purchase and maintenance of vehicles and equipment Training.
There is hereby created within the Oklahoma Highway Patrol
Division the Size and Weight Enforcement Section. The Commissioner
of Public Safety shall employ a minimum of twenty-five additional
members of the Oklahoma Highway Patrol, one Captain and eight
Lieutenants and shall assign the twenty-five members of the Oklahoma
Highway Patrol, one Captain and eight Lieutenants to the Size and
Weight Enforcement Section. The Size and Weight Enforcement Section
shall have the primary duty of the enforcement of the provisions of
Section 14-101 et seq. of this title.
Said Commissioner shall purchase and maintain the necessary
motor vehicle equipment, portable scales and other items of
equipment and supplies and shall provide proper training necessary
for the enforcement of the provisions of Section 14-101 et seq. of
this title.
Added by Laws 1949, p. 321, § 11, emerg. eff. May 31, 1949. Amended
by Laws 1957, p. 439, § 1, emerg. eff. June 5, 1957; Laws 1967, c.
369, § 3, emerg. eff. May 22, 1967; Laws 1971, c. 129, § 1, emerg.
eff. May 5, 1971; Laws 1979, c. 267, § 4, eff. July 1, 1979; Laws
1982, c. 352, § 17, emerg. eff. June 2, 1982; Laws 1992, c. 195, §
1, eff. July 1, 1992. Renumbered from § 116.11 of this title by
Laws 2001, c. 131, § 17, eff. July 1, 2001. Amended by Laws 2015,
c. 99, § 1, eff. Nov. 1, 2015.
§47-2-105.4B. Bomb Squad Section.
A. There is hereby created within the Highway Patrol Division
the Bomb Squad Section which shall consist of such employees the
Commissioner of Public Safety deems necessary to carry out the
provisions of Section 122.2 of Title 63 of the Oklahoma Statutes.
B. The Commissioner is authorized to purchase and maintain
necessary equipment and supplies and shall provide proper training
necessary for the enforcement of the provisions of this section.
Added by Laws 2003, c. 168, § 4, eff. July 1, 2003.
§47-2-105.4C. Authorization to engage in part-time employment.
Any Highway Patrol officer or other law enforcement officer
employed as a full-time-equivalent (FTE) of the Department of Public
Safety and otherwise prohibited by law or Department policy from
obtaining part-time employment as a law enforcement officer with any
other law enforcement agency shall hereby be authorized to engage in
such part-time employment for the duration of any furlough period
Oklahoma Statutes - Title 47. Motor Vehicles
imposed by the Commissioner of Public Safety or otherwise required
by law. Any previous restriction on such officers relating to
outside employment shall be reinstated no longer than two weeks
following the end of any furlough status as determined by the
Commissioner of Public Safety.
Added by Laws 2010, c. 72, § 1, emerg. eff. April 9, 2010.
§47-2-105.5. Controlled substance screenings of applicants.
All applicants, including reinstatements, for all commissioned
officer positions within the Department of Public Safety shall,
prior to initial appointment or reinstatement, be required to submit
to and successfully pass a controlled substance screening conducted
by a National Institute on Drug Abuse (NIDA) certified laboratory.
The Commissioner of Public Safety shall establish the necessary
procedures to implement this requirement; provided, the results of
any such screening shall be considered exempt law enforcement
records as prescribed in Section 24A.8 of Title 51 of the Oklahoma
Statutes. The Commissioner of Public Safety is authorized to expend
the funds necessary to accomplish these screenings.
Added by Laws 1990, c. 315, § 2, eff. July 1, 1990. Amended by Laws
1998, c. 245, § 5, eff. July 1, 1998; Laws 2004, c. 418, § 5, eff.
July 1, 2004.
§47-2-105.6. Marine Enforcement Section - Powers, duties,
responsibilities and authority - Salaries.
A. There is hereby created within the Oklahoma Highway Patrol
Division of the Department of Public Safety a Marine Enforcement
Section which shall consist of such employees as may be necessary to
enforce the provisions of Section 4001 et seq., Section 4101 et
seq., and Section 4200 et seq. of Title 63 of the Oklahoma Statutes.
All commissioned officers of the Marine Enforcement Section as
designated by the Commissioner shall have the authority to stop and
board any vessel subject to Section 4001 et seq. of Title 63 of the
Oklahoma Statutes and make any necessary arrest for violations of
Section 4001 et seq. of Title 63 of the Oklahoma Statutes or the
rules promulgated by the Department of Public Safety or the
Department of Wildlife Conservation or take any other action within
their lawful authority. Any statutory references to the Oklahoma
Lake Patrol Division or the Lake Patrol Section of the Oklahoma
Highway Patrol Division shall mean the Marine Enforcement Section of
the Oklahoma Highway Patrol Division of the Department of Public
Safety.
B. All commissioned officers of the Marine Enforcement Section
of the Oklahoma Highway Patrol Division of the Department of Public
Safety shall have, in addition to their primary duty as prescribed
in subsection A of this section, a secondary duty to enforce all
Oklahoma Statutes - Title 47. Motor Vehicles
state statutes, to make arrests for violations and to perform other
duties as prescribed by the Commissioner.
C. The annual salaries for the commissioned officers within the
Marine Enforcement Section of the Oklahoma Highway Patrol Division
of the Department of Public Safety shall be in accordance and
conformity with Section 2-105.4 of this title.
D. The provisions of this section shall supersede all existing
laws covering the salaries for the commissioned officers in the
Marine Enforcement Section of the Oklahoma Highway Patrol Division
of the Department of Public Safety.
Added by Laws 1998, c. 245, § 6, eff. July 1, 1998. Amended by Laws
2000, c. 37, § 11, eff. Oct. 1, 2000; Laws 2000, c. 195, § 2, eff.
July 1, 2000; Laws 2001, c. 435, § 3, eff. July 1, 2001; Laws 2004,
c. 161, § 2, eff. Jan. 1, 2005; Laws 2005, c. 1, § 44, emerg. eff.
March 15, 2005; Laws 2006, c. 81, § 3, eff. April 21, 2006; Laws
2006, 2nd Ex. Sess., c. 83, § 3, eff. Oct. 1, 2006; Laws 2011, c.
104, § 2, eff. Nov. 1, 2011; Laws 2015, c. 99, § 2, eff. Nov. 1,
2015.
NOTE: Laws 2004, c. 364, § 1 repealed by Laws 2005, c. 1, § 45,
emerg. eff. March 15, 2005.
§47-2-105.6A.
2003.
Repealed by Laws 2003, c. 461, § 20, eff. July 1,
§47-2-105.7. Capitol Patrol Section - Authority - Reclassification
- Salaries - Application.
A. There is hereby created within the Oklahoma Highway Patrol
Division of the Department of Public Safety a Capitol Patrol Section
which shall consist of such employees as may be necessary to provide
law enforcement services to all state buildings and properties,
including grounds appurtenant thereto, within Oklahoma County and
Tulsa County. All commissioned officers of the Capitol Patrol
Section as designated by the Commissioner shall have the authority
to enforce all parking, traffic, and criminal laws within Oklahoma
County and Tulsa County, and shall have the authority to perform
other law enforcement duties within the state as prescribed by the
Commissioner of Public Safety.
B. A Patrolman shall not be promoted to the position of Capitol
Patrol Sergeant.
C. Any officer of the Capitol Patrol Section of the Oklahoma
Highway Patrol Division may request reclassification to the
equivalent lateral position, rank, and salary within the Oklahoma
Highway Patrol Division and shall be reclassified to the position if
the officer:
1. Meets the requirements of paragraph 2 of subsection B of
Section 2-105 of this title. Provided, the officer shall be exempt
from the maximum age limitation;
Oklahoma Statutes - Title 47. Motor Vehicles
2. Satisfactorily completes a course of training as prescribed
by the Commissioner; and
3. Serves a twelve-month probationary period which shall
commence upon entering the course of training required by paragraph
2 of this subsection.
Such reclassified officer shall be subject to reassignment as
determined by the Chief of the Oklahoma Highway Patrol Division.
D. All commissioned officers of the Capitol Patrol Section of
the Oklahoma Highway Patrol Division of the Department of Public
Safety shall have, in addition to their primary duty as prescribed
in subsection A of this section, a secondary duty to enforce all
state statutes, to make arrests for violations and to perform other
duties as prescribed by the Commissioner of Public Safety in
accordance with Section 2-117 of this title.
E. The Office of Management and Enterprise Services and the
Oklahoma Capitol Improvement Authority shall provide office and
operations space for the Capitol Patrol Section of the Oklahoma
Highway Patrol Division of the Department of Public Safety.
F. The annual salaries of personnel comprising this section
shall be in accordance and conformity with the findings for
Department of Public Safety law enforcement personnel of the State
of Oklahoma Total Remuneration Study of 2013.
G. The provisions of this section shall supersede all existing
laws covering the salaries for the commissioned officers in the
Capitol Patrol Section of the Oklahoma Highway Patrol Division of
the Department of Public Safety.
Added by Laws 1998, c. 245, § 7, eff. Jan. 1, 1999. Amended by Laws
2000, c. 37, § 12, eff. Oct. 1, 2000; Laws 2000, c. 378, § 2, eff.
Jan. 1, 2001; Laws 2001, c. 435, § 4, eff. July 1, 2001; Laws 2004,
c. 161, § 3, eff. Jan. 1, 2005; Laws 2004, c. 354, § 1, eff. July 1,
2004; Laws 2006, c. 81, § 4, emerg. eff. April 21, 2006; Laws 2006,
2nd Ex.Sess., c. 83, § 4, eff. Oct. 1, 2006; Laws 2012, c. 304, §
162; Laws 2014, c. 135, § 2, eff. July 1, 2014.
§47-2-105.8. Communications Section - Salaries.
A. There is hereby created within the Oklahoma Highway Patrol
Division of the Department of Public Safety, the Communications
Section.
B. An employee may be promoted to the position of
Communications Coordinator.
C. The annual salaries of personnel comprising this section
shall be in accordance and conformity with the findings for
Department of Public Safety law enforcement personnel of the State
of Oklahoma Total Remuneration Study of 2013.
D. The provisions of this section shall supersede all existing
laws covering the salaries for the positions in the Communications
Oklahoma Statutes - Title 47. Motor Vehicles
Section of the Oklahoma Highway Patrol Division of the Department of
Public Safety.
Added by Laws 1998, c. 245, § 8, eff. July 1, 1998. Amended by Laws
2000, c. 37, § 13, eff. Oct. 1, 2000; Laws 2000, c. 195, § 3, eff.
July 1, 2000; Laws 2004, c. 161, § 4, eff. Jan. 1, 2005; Laws 2006,
2nd Ex. Sess., c. 83, § 5, eff. Oct. 1, 2006; Laws 2014, c. 135, §
3, eff. July 1, 2014; Laws 2015, c. 99, § 3, eff. Nov. 1, 2015.
§47-2-105A.
30, 2007.
Repealed by Laws 2007, c. 62, § 33, emerg. eff. April
§47-2-105B. Position of Chaplain.
Subject to the availability of funds, the Commissioner of Public
Safety or the Chief of the Highway Patrol Division is authorized to
employ a Chaplain within the Department of Public Safety for the
purpose of providing counseling services to employees or immediate
family members thereof when such counseling services are needed as a
direct result of such employee’s performance of official duties and
to carry out any other duties and responsibilities assigned by the
Commissioner or the Chief of the Oklahoma Highway Patrol. The
position of Chaplain shall be an unclassified position with salary
and benefits set by the Commissioner not to exceed the salary of a
Highway Patrolmen at the rank of Trooper with fifteen (15) years of
service to the Department of Public Safety. “Chaplain” means an
ordained or authorized pastor, minister, priest or other
ecclesiastical dignitary of any denomination who has been duly
ordained or authorized by the church to which such person belongs.
Added by Laws 2003, c. 461, § 5, eff. July 1, 2003.
§47-2-106.
Repealed by Laws 2023, c. 310, § 38, eff. July 1, 2023.
§47-2-106.1. Transfer of Size and Weights Permits Division to
Department of Transportation.
All the powers, duties, functions, records, employees, property,
matters pending, funds, and responsibilities of the Size and Weights
Permits Division of the Department of Public Safety are hereby
transferred to the Department of Transportation effective July 1,
2022. An accurate, current inventory of all properties shall be
maintained by the Department of Transportation.
Laws 1949, p. 321, § 12; Laws 1957, p. 439, § 2; Laws 1971, c. 129,
§ 2, emerg. eff. May 5, 1971; Laws 1972, c. 234, § 3, operative July
1, 1972; Laws 1974, c. 291, § 7, operative July 1, 1974; Laws 1975,
c. 321, § 7, operative July 1, 1975; Laws 1976, c. 242, § 7,
operative July 1, 1976; Laws 1977, c. 249, § 7, operative July 1,
1977; Laws 1978, c. 271, § 5, operative July 1, 1978; Laws 1979, c.
267, § 5, eff. July 1, 1979; Laws 1980, c. 350, § 4, eff. July 1,
1980; Laws 1981, c. 340, § 16, eff. July 1, 1981. Renumbered from
Oklahoma Statutes - Title 47. Motor Vehicles
Section 116.12 of this title by Laws 2001, c. 131, § 17, eff. July
1, 2001. Amended by Laws 2022, c. 116, § 1, eff. July 1, 2022.
§47-2-106.2A. Transfer of powers and duties.
All the powers, duties, functions, records, employees, property,
matters pending and funds of the Department of Highways, the Highway
Safety Coordinating Committee and the Railroad Maintenance Authority
are hereby transferred to the Department of Transportation.
Effective July 1, 1993, all powers, duties, functions, records,
employees, matters pending and funds of the Department of
Transportation that were transferred to the Department because of
the abolishment of the Highway Safety Coordinating Committee shall
be transferred to the Department of Public Safety, pursuant to
Section 3 of this act. Except as specifically directed by the
Legislature the State Department of Transportation shall not fund,
directly or indirectly, any railroad, mass transit, public
transportation, marine, waterways or aeronautics construction,
operations or maintenance with dedicated gasoline taxes,
appropriated highway construction or maintenance funds or other
highway funds; provided, however, that nothing herein contained
shall be construed to prevent the Department of Transportation from
applying for, accepting, receiving, administering or expending
monies appropriated for the specific purpose of matching federal
grants now or hereafter made available for transportation planning
or improvements in nonhighway transportation modes. The Department
of Transportation shall not issue bonds which constitute an
obligation or debt of the state or a pledge of the faith and credit
of the state, except as specifically authorized by the Legislature.
Any change of agency name/names on signs, equipment, vehicles or
other property shall be accomplished as said signs, equipment,
vehicles or other property are replaced in inventory or as required
through normal wear and tear. An accurate, current inventory of all
properties shall be maintained by the Department of Transportation.
Added by Laws 1976, c. 218, § 9. Amended by Laws 1977, c. 128, § 1,
emerg. eff. June 3, 1977; Laws 1993, c. 81, § 2, eff. July 1, 1993.
Renumbered from § 4009 of Title 69 by Laws 2007, c. 62, § 26, emerg.
eff. April 30, 2007.
§47-2-106.2B. Transfer of powers and duties to Department of Public
Safety.
All powers, duties, functions, records, employees, property,
matters pending and funds of the Oklahoma Highway Safety Office of
the Oklahoma Department of Transportation and the former Oklahoma
Highway Safety Coordinating Committee are hereby transferred to the
Oklahoma Department of Public Safety.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1993, c. 81, § 3, eff. July 1, 1993. Renumbered from
§ 4009.1 of Title 69 by Laws 2007, c. 62, § 27, emerg. eff. April
30, 2007.
§47-2-106.2C. Traffic safety-related projects - Incentives.
Notwithstanding any other provision of law, the Oklahoma Highway
Safety Office of the Department of Public Safety may provide
incentives, as permitted by federal regulations, to the public and
any law enforcement agencies of the state for the purpose of
promoting increased participation in traffic safety-related
projects. The incentives shall be purchased only with federal
funds, if available.
Added by Laws 2003, c. 461, § 16, eff. July 1, 2003. Renumbered
from § 4009.2 of Title 69 by Laws 2007, c. 62, § 28, emerg. eff.
April 30, 2007.
§47-2-106.3. Identity Verification Unit.
A. Subject to the availability of funding, the Department of
Public Safety shall establish an Identity Verification Unit (IVU)
for the primary purpose of investigating and apprehending persons or
entities that participate in the sale or distribution of fraudulent
documents used for identification purposes. The unit shall
additionally specialize in fraudulent identification documents
created and prepared for persons who are unlawfully residing within
this state. The Department shall employ sufficient employees to
investigate and implement an Identity Verification Unit.
B. The Commissioner of Public Safety shall promulgate rules to
administer the provisions of this section.
Added by Laws 2007, c. 112, § 12, eff. Nov. 1, 2007. Renumbered
from Title 47, § 151.2 by Laws 2008, c. 302, § 14, emerg. eff. June
2, 2008; Laws 2025, c. 38, § 1, emerg. eff. May 3, 2025.
§47-2-107. Traveling expenses of assistants and other employees Equipment.
In addition to the salaries or wages of assistants or other
employees in the Department of Public Safety when deemed necessary
in connection with the discharge of their duties respectively
assigned or delegated to them, such assistants or employees shall be
allowed and paid traveling expenses incurred in the discharge of
their respective duties, in accordance with the provisions of the
State Travel Reimbursement Act, Sections 500.1 through 500.19 of
Title 74 of the Oklahoma Statutes, which shall be paid from the same
fund and in the same manner as the payment of all other salaries and
expenses of the Department; provided, however, when deemed necessary
by the Commissioner of Public Safety, it shall be and he is hereby
authorized and empowered to purchase motor vehicles and other
equipment for use by said Department. The Commissioner of Public
Oklahoma Statutes - Title 47. Motor Vehicles
Safety shall prepare and deliver to the Governor, President Pro
Tempore of the Senate, and the Speaker of the House of
Representatives a current vehicle fleet management and replacement
plan and a complete inventory of all vehicles in use by the
Department on the first legislative day of each year. The
provisions of this act are to supersede all existing law; provided
only that all provisions of this section are subject to provisions
of general law governing appropriation, expenditure and availability
of funds.
Laws 1961, p. 326, § 2-107, eff. Sept. 1, 1961; Laws 1970, c. 96, §
1, emerg. eff. March 30, 1970; Laws 1971, c. 19, § 1, emerg. eff.
March 16, 1971; Laws 1973, c. 220, § 5, emerg. eff. May 24, 1973;
Laws 1975, c. 231, § 6, emerg. eff. May 30, 1975; Laws 1976, c. 241,
§ 7, emerg. eff. June 15, 1976; Laws 1979, c. 243, § 11, emerg. eff.
June 1, 1979; Laws 1982, c. 352, § 13, emerg. eff. June 2, 1982;
Laws 1993, c. 181, § 2, eff. Sept. 1, 1993.
§47-2-108. Powers and duties of commissioner.
A. The Commissioner is hereby vested with the power and is
charged with the duty of observing, administering, and enforcing the
provisions of this title and of all laws regulating the operation of
vehicles or the use of the highways, the enforcement and
administration of which are now or hereafter vested in the
Department. The Commissioner may appoint any employee of the
Department to serve as the personal representative of the
Commissioner for the purpose of fulfilling any such duty or
combination of duties.
B. The Commissioner is hereby authorized to adopt and enforce
such rules as may be necessary to carry out the provisions of the
Highway Safety Code and any other laws the enforcement and
administration of which are vested in the Department.
C. The Commissioner may adopt an official seal for the use of
the Department.
D. The Commissioner may adopt an authorized facsimile signature
of the Commissioner, and may appoint any employee of the Department
to serve as the personal representative of the Commissioner for the
purpose of affixing the authorized facsimile signature of the
Commissioner to administrative letters, notices, and orders to
enforce the provisions of the law. Provided, however, it shall be
unlawful and shall constitute the crime of forgery to affix or
endorse the facsimile signature of the Commissioner, as herein
provided, to any instrument, voucher, check, claim, or draft for the
payment of money due and owing to the State of Oklahoma. In lieu of
the signature of the Commissioner or the authorized facsimile
signature of the Commissioner, the Commissioner may direct and
authorize any employee of the Department to affix the signature of
Oklahoma Statutes - Title 47. Motor Vehicles
the employee to administrative letters, notices, and orders to
enforce the provisions of the law.
E. The Commissioner has the authority to enter into interagency
transfers with the Oklahoma State Bureau of Investigation, the
Oklahoma Bureau of Narcotics and Dangerous Drugs and the Oklahoma
Alcoholic Beverages Laws Enforcement Commission as provided for in
Section 1 of this act.
Added by Laws 1961, p. 327, § 2-108, eff. Sept. 1, 1961. Amended by
Laws 2004, c. 130, § 6, emerg. eff. April 20, 2004; Laws 2021, c.
95, § 3, eff. Nov. 1, 2021.
§47-2-108.1. Interlocal agreements.
The Commissioner of Public Safety may enter into interlocal
agreements with any other government agency or any state educational
institution that is a member of The Oklahoma State System of Higher
Education, as prescribed in Section 3201 of Title 70 of the Oklahoma
Statutes, for the use of space for the purpose of providing
governmental services as required by law of the Department of Public
Safety, or with a state beneficiary public trust regarding policing
and setting speed limits on roads located on lands owned by the
trust. Such agreements shall be exempt from the Oklahoma Central
Purchasing Act and Sections 63 and 94 of Title 74 of the Oklahoma
Statutes and subsection C of Section 327 of Title 61 of the Oklahoma
Statutes.
Added by Laws 2008, c. 319, § 1, eff. Nov. 1, 2008. Amended by Laws
2011, c. 335, § 3; Laws 2012, c. 304, § 163; Laws 2025, c. 197, § 1,
eff. Nov. 1, 2025.
§47-2-108.2. Contracts incident to real estate gifted to state –
Construction of gun range.
The Commissioner of Public Safety shall have the exclusive
rights to enter into all contracts incident to real estate gifted to
the state for use by the Department of Public Safety in rural
Pottawatomie County adjacent to the Wes Watkins Reservoir, hereafter
referred to as “the premises”, including any and all architectural,
engineering, design consultant, construction manager, and
construction contracts concerning construction of a gun range on the
premises.
The Department shall have exclusive jurisdiction, custody,
responsibility and control over all construction, repair,
maintenance, management and operation of the premises and all
fixtures thereon incident to the gun range.
In the construction, repair, maintenance, and operation of the
gun range, the Department and the premises shall be exempt from any
and all real estate construction requirements and provisions, to the
extent they could be applicable to the acquisition of goods or
services incident to the construction, repair, maintenance and
Oklahoma Statutes - Title 47. Motor Vehicles
operation, as set forth in the Oklahoma Statutes, including but not
limited to Sections 101 through 138 and Sections 202 through 220 of
Title 61 of the Oklahoma Statutes, and subsections B, C and E of
Section 63 and Sections 85.1 through 85.45j of Title 74 of the
Oklahoma Statutes.
Added by Laws 2008, c. 319, § 2, eff. Nov. 1, 2008.
§47-2-108.3. Vehicle ownership and registration information.
A. In an effort to improve the public safety of all citizens of
this state, a more uniform and expeditious method of obtaining
ownership and registration information of all motor vehicles
operating on the roads and highways of this state is required. Any
method developed shall be conducted in accordance with subsection B
of this section.
B. In addition to the powers and duties prescribed by law, the
Director of Service Oklahoma shall be authorized to direct Service
Oklahoma to develop a proposal for an intergovernmental cooperative
agreement pursuant to paragraph 1 of subsection D of Section 1221 of
Title 74 of the Oklahoma Statutes between Service Oklahoma and all
tribal governments that issue tribal license plates and maintain
ownership and registration information.
Added by Laws 2011, c. 188, § 1, eff. Nov. 1, 2011. Amended by Laws
2022, c. 282, § 29, emerg. eff. May 19, 2022.
§47-2-108.4. Oklahoma Incident Management Team Advisory Committee
A. There is hereby created within the Oklahoma Department of
Public Safety the Oklahoma Incident Management Team Advisory
Committee. The purpose of the Committee shall be to:
1. Advise and assist the Commissioner in the development of
setting of goals, objectives and priorities with respect to statesponsored all-hazard emergency incident management team functions;
2. Advise and assist the Commissioner in establishing standards
and credentialing guidelines for emergency incident management
functions and responders within the Team Advisory Committee's scope
of authority; and
3. Provide a forum for discussion of issues between the
organizations within the Team Advisory Committee.
B. The Team Advisory Committee shall be composed of the
following seven (7) members as follows:
1. The Commissioner of Health, or designee;
2. The Director of the Oklahoma Forestry Services, or designee;
3. The Commissioner of the Oklahoma Department of Public
Safety, or designee;
4. The Director of the Oklahoma Office of Homeland Security, or
designee;
5. The Director of the Office of Emergency Management, or
designee;
Oklahoma Statutes - Title 47. Motor Vehicles
6. One member appointed by the Oklahoma Fire Chiefs Association
to represent a statewide association of fire chiefs in this state;
and
7. The Director of the Oklahoma State University Fire Safety
Training, or designee.
In addition to the seven (7) members, membership may be expanded
by a majority vote of the Committee.
C. The members of the Team Advisory Committee shall receive no
compensation or travel reimbursement.
D. A majority of the Team Advisory Committee shall constitute a
quorum to transact official business.
E. The members of the Team Advisory Committee may elect from
among its membership a chair and vice chair to preside at all
meetings.
F. The Committee shall meet within ninety (90) days after the
effective date of this act and shall meet at least twice a year or
more frequently at the discretion of the chair.
Added by Laws 2016, c. 143, § 1, eff. Nov. 1, 2016.
§47-2-108.5. Oklahoma State Award Program Committee.
A. 1. There is hereby created the Oklahoma State Award Program
Committee. The purpose of the Committee is to create, establish
eligibility requirements and make recommendation for awarding the
Oklahoma Medal of Valor for meritorious service, the Oklahoma
Distinguished Meritorious Service Medal for extended exemplary
service to the state and the Oklahoma Red Heart or Oklahoma Blue
Heart for serious line of duty injuries for law enforcement and
public safety members employed by municipal, county, state and
employees of federal agencies working in Oklahoma.
2. There is hereby established the Oklahoma Medal of Valor, the
Oklahoma Distinguished Meritorious Service Medal and the Oklahoma
Red Heart and Oklahoma Blue Heart, along with authorized
appurtenances, for award by the Governor, in the name of the state,
to any person who has demonstrated meritorious achievement, or a
distinct act of courage, shown distinguished meritorious service to
the state over an extended period of service or who has incurred
injury or wounds, while performing or actively engaged in public
service activities. The Oklahoma Red Heart is limited to municipal
firefighters employed by cities and towns. The Oklahoma Blue Heart
is limited to law enforcement and public safety members employed by
municipal, county, state and employees of federal agencies working
in Oklahoma.
3. The purpose of each award is to formally recognize
extraordinary acts of valor by public safety members and citizens of
Oklahoma who engage in extraordinary acts of bravery and valor and
to formally recognize public safety members in Oklahoma who have
Oklahoma Statutes - Title 47. Motor Vehicles
been seriously injured in the line of duty and to acknowledge the
distinguished meritorious service of citizens to the state.
B. The members of the Oklahoma State Award Program (OSAP)
Committee shall have experience in the field of public safety and
public service. The OSAP Committee shall be composed of nine (9)
members as follows:
1. The Lieutenant Governor, who shall serve as chair;
2. The Adjutant General of the Oklahoma National Guard;
3. The Commissioner of the Department of Public Safety;
4. The Director of the Department of Corrections;
5. The Director of the Department of Transportation;
6. The President of the Oklahoma Sheriffs' Association;
7. The President of the Oklahoma Association of Chiefs of
Police;
8. The President of the Oklahoma State Firefighters
Association; and
9. The President of the Oklahoma Sheriffs and Peace Officers
Association.
C. Except at any meeting to select recipients of the Oklahoma
Medal of Valor, the Oklahoma Distinguished Meritorious Service
Medal, the Oklahoma Red Heart or the Oklahoma Blue Heart, each
member, other than the chair, may be represented by a designee;
provided, the designee must be an active member in good standing
with the agency or association to which the appointed member
belongs. The Chairman reserves the right to appoint an advisory
board to collect, review and make initial award recommendations to
the OSAP Committee. The advisory board will be comprised of
designees from the nine-member OSAP Committee.
D. The Committee shall conduct its first meeting no later than
ninety (90) calendar days after the appointment of the last member.
The Committee shall meet at the direction of the chair, and shall
normally meet not less than once each year and not more than three
times each year.
E. A majority of the members shall constitute a quorum to
conduct business.
F. The members of the Committee shall serve without
compensation, except that the members may be reimbursed for
reasonable and necessary expenses arising from Committee activities
or business. Such expenses shall be paid by the respective agencies
at which the member is employed at the time the expense is incurred.
G. No member of the OSAP Committee shall solicit, seek or
request individuals to submit individuals for awards. OSAP
Committee members may explain the program to interested individuals.
The Committee may secure directly from any department or agency such
information as the Committee deems necessary to carry out its
duties.
Oklahoma Statutes - Title 47. Motor Vehicles
H. The Commissioner of the Department of Public Safety shall
promulgate rules to establish the following:
1. Design of the Oklahoma Medal of Valor, the Oklahoma
Distinguished Meritorious Service Medal and the Oklahoma Red Heart
or the Oklahoma Blue Heart and any authorized appurtenances proposed
by the Adjutant General;
2. Criteria for eligibility for award of the Oklahoma Medal of
Valor, the Oklahoma Distinguished Meritorious Service Medal or the
Oklahoma Red Heart or Oklahoma Blue Heart proposed by the Adjutant
General;
3. Criteria for the proper wear of the Oklahoma Medal of Valor,
the Oklahoma Distinguished Meritorious Service Medal or the Oklahoma
Red Heart or the Oklahoma Blue Heart proposed by the Adjutant
General;
4. Method of purchasing the Oklahoma Medal of Valor, the
Oklahoma Distinguished Meritorious Service Medal or the Oklahoma Red
Heart or Oklahoma Blue Heart;
5. Order of precedence relating to other state awards; and
6. Other rules deemed necessary to carry out the provisions of
this section.
I. The Committee shall consider candidates for award for the
Oklahoma Medal of Valor, the Oklahoma Distinguished Meritorious
Service Medal or the Oklahoma Red Heart or Oklahoma Blue Heart only
from the applications received. The OSAP Committee may go into
executive session to deliberate and select recommended recipients.
The Chair shall present to the Governor the names of recommendations
as Medal recipients.
J. The Committee shall not disclose any information which may
compromise an ongoing law enforcement investigation or information
that is otherwise required by law to be kept confidential. Only the
final recommendation for receipt of the Oklahoma Medal of Valor, the
Oklahoma Distinguished Service Medal and the Oklahoma Red Heart or
Oklahoma Blue Heart shall be subject to the Oklahoma Open Records
Act.
K. The Oklahoma Medal of Valor, the Oklahoma Distinguished
Service Medal and the Oklahoma Red Heart or Oklahoma Blue Heart may
not be awarded to any person who was not selected by the Committee.
L. The award of the Oklahoma Medal of Valor, the Oklahoma
Distinguished Service Medal and the Oklahoma Red Heart or Oklahoma
Blue Heart may be rescinded for suitable cause. The Chair, with the
consent of the Committee, shall forward the recommendation for
rescission to the Governor. The final decision to rescind must be
approved by the Governor.
M. The Oklahoma Medal of Valor, the Oklahoma Distinguished
Service Medal or the Oklahoma Red Heart or Oklahoma Blue Heart may
be awarded posthumously and may be presented to such representative
Oklahoma Statutes - Title 47. Motor Vehicles
of the deceased's family as may be deemed appropriate by the
Governor.
Added by Laws 2017, c. 17, § 1, eff. Nov. 1, 2017. Amended by Laws
2021, c. 135, § 1, eff. Nov. 1, 2021; Laws 2022, c. 61, § 1, eff.
Nov. 1, 2022.
§47-2-109. Commissioner to prescribe forms.
The Commissioner shall prescribe and provide suitable forms
requisite or deemed necessary to carry out the provisions of this
title and any other laws the enforcement and administration of which
are vested in the Department.
Added by Laws 1961, p. 327, § 2-109, eff. Sept. 1, 1961. Amended by
Laws 1995, c. 23, § 5, eff. Nov. 1, 1995; Laws 2022, c. 282, § 30,
emerg. eff. May 19, 2022.
§47-2-109.1. Charging and collection of fees - Forms of payment.
A. The Commissioner of Public Safety shall charge and collect
the fees required to be paid to the Department of Public Safety.
B. Payments for any fees required to be paid by any person to
the Department of Public Safety, except as otherwise provided by
law, may be made by:
1. The person’s personal or company check, as prescribed by
rules of the Department;
2. Cash, if paid in person;
3. Money order or certified check; or
4. A nationally recognized credit card issued to the person.
The Commissioner may add an amount equal to four percent (4%) of the
amount of such payment as a convenience fee for credit card
payments. Such convenience fee shall be deposited in the State
Treasury to the credit of the Department of Public Safety Revolving
Fund. For purposes of this paragraph, “nationally recognized credit
card” means any instrument or device, whether known as a credit
card, credit plate, charge plate or by any other name, issued with
or without fee by the issuer for the use of the cardholder in
obtaining goods, services, or anything else of value on credit which
is accepted by more than one thousand merchants in this state. The
Commissioner shall determine which nationally recognized credit
cards will be accepted; provided, however, the Commissioner must
ensure that no loss of state revenue will occur by the use of such
card.
Added by Laws 2001, c. 100, § 1, eff. Nov. 1, 2001. Amended by Laws
2002, c. 397, § 7, eff. Nov. 1, 2002.
§47-2-110. Release of records.
A. The Commissioner and such officers of the Department as the
Commissioner may designate are hereby authorized to prepare under
the seal of the Department and deliver upon request a certified copy
Oklahoma Statutes - Title 47. Motor Vehicles
of any record of the Department, charging a fee of Three Dollars
($3.00) for each record so certified, and every such certified copy
shall be admissible in any proceeding in any court in like manner as
the original thereof. A certification fee shall be charged:
1. Only if the person requesting the record specifically
requests that the record be certified; and
2. In addition to the copying and reproduction fees provided by
the Oklahoma Open Records Act or any other applicable law.
B. The Commissioner and any other officers of the Department as
the Commissioner may designate are hereby authorized to provide a
copy of any record required to be maintained by the Department at no
charge to any of the following government agencies when requested in
the performance of official governmental duties:
1. The driver license agency of any other state;
2. Any court, district attorney or municipal prosecutor in this
state or any other state;
3. Any law enforcement agency in this state or any other state
or any federal agency empowered by law to make arrests for public
offenses;
4. Any nonprofit provider exempt from federal income tax
pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986
and contracted by the Developmental Disabilities Services Division
of the Oklahoma Department of Human Services; or
5. Any state agency in this state.
C. Any record required to be maintained by the Department may
be released to any other entity free of charge when the release of
the record would be for the benefit of the public, as determined by
the Commissioner or a designee of the Commissioner.
D. 1. Upon written request to the Commissioner of Public
Safety by a law enforcement agency or another state's or country's
driver licensing agency for personal information on a specific
individual, as named or otherwise identified in the written request,
to be used in the official capacity of the agency, the Commissioner
may release such personal information to the agency pursuant to the
provisions of the Driver's Privacy Protection Act, 18 United States
Code, Sections 2721 through 2725. Provided, the provisions of this
subsection or any other provision of this title shall not be
construed to keep audio or video recordings of the Department of
Public Safety confidential beyond any exceptions provided for in the
Oklahoma Open Records Act.
2. For the purposes of this subsection, "personal information"
means information which identifies a person, including but not
limited to a photograph or image in computerized format of the
person, fingerprint image in computerized format, signature or
signature in computerized format, Social Security number, residence
address, mailing address, and medical or disability information.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1961, p. 327, § 2-110, eff. Sept. 1, 1961. Amended by
Laws 1983, c. 286, § 11, operative July 1, 1983; Laws 1999, c. 80, §
1, eff. Nov. 1, 1999; Laws 2000, c. 342, § 1, eff. July 1, 2000;
Laws 2001, c. 361, § 2, eff. July 1, 2001; Laws 2002, c. 86, § 2,
emerg. eff. April 17, 2002; Laws 2004, c. 130, § 7, emerg. eff.
April 20, 2004; Laws 2005, c. 199, § 1, eff. Nov. 1, 2005; Laws
2012, c. 242, § 3; Laws 2013, c. 15, § 24, emerg. eff. April 8,
2013; Laws 2014, c. 266, § 1, eff. Nov. 1, 2014; Laws 2022, c. 282,
§ 31, emerg. eff. May 19, 2022.
NOTE: Laws 2012, c. 255, § 1 repealed by Laws 2013, c. 15, § 25,
emerg. eff. April 8, 2013.
§47-2-111. Records of Department.
A. All records of the Department, other than those declared by
law to be confidential for the use of the Department, shall be open
to public inspection during office hours.
B. The Commissioner shall supervise the maintaining of all
records of the Department and shall adopt rules concerning the
destruction and retention of records. Records of the Department
shall not be subject to the provisions of:
1. Sections 305 through 317 of Title 67 of the Oklahoma
Statutes or be transferred to the custody or control of the State
Archives Commission;
2. Section 590 of Title 21 of the Oklahoma Statutes; or
3. The Records Management Act, Sections 201 through 215 of
Title 67 of the Oklahoma Statutes.
The Commissioner may, pursuant to an adopted rule, order destruction
of records deemed to be no longer of value to the Department in
carrying out the powers and duties of the Department.
C. 1. The Commissioner may cause any or all records kept by
the Department of Public Safety to be photographed,
microphotographed, photostated, reproduced on film, or stored on
computer storage medium. The film or reproducing material shall be
of durable material, and the device used to reproduce the records on
the film or reproducing material shall accurately reproduce and
perpetuate the original records in all detail.
2. The photostatic copy, photograph, microphotograph,
photographic film or computerized image of the original records
shall be deemed to be an original record for all purposes and shall
be admissible as evidence in all courts or administrative agencies.
A facsimile, exemplification, or certified copy thereof shall be
deemed to be a transcript, exemplification, or certified copy of the
original.
3. The photostatic copies, photographs, microphotographs,
reproductions on film, or computerized images shall be placed in
conveniently accessible files and provisions made for preserving,
examining, and using the copies, photographs, microphotographs,
Oklahoma Statutes - Title 47. Motor Vehicles
reproductions on film and computerized images. The Commissioner of
Public Safety is empowered to authorize the disposal, archival
storage, or destruction of the original records or papers.
Added by Laws 1961, p. 327, § 2-111, eff. Sept. 1, 1961. Amended by
Laws 2000, c. 342, § 2, eff. July 1, 2000; Laws 2005, c. 199, § 2,
eff. Nov. 1, 2005; Laws 2007, c. 62, § 7, emerg. eff. April 30,
2007; Laws 2007, c. 326, § 3, eff. Nov. 1, 2007.
§47-2-112. Authority to grant or refuse applications - Confiscation
of documents.
A. The Department shall examine and determine the genuineness,
regularity and legality of every application lawfully made to the
Department, and may in all cases make investigation as may be deemed
necessary or require additional information, and shall reject any
such application if not satisfied of the genuineness, regularity or
legality thereof or the truth of any statement contained therein, or
for any other reason, when authorized by law. If a person making
application to the Department presents any document to the
Department which the Department has reason to believe is false,
fraudulent, or being used by a person not authorized to use such
document, the Department shall confiscate the document until such
time it is determined by the Department whether the document is
false, fraudulent, or being used by a person not authorized to use
such document.
B. Service Oklahoma shall examine and determine the
genuineness, regularity, and legality of every application, driver
license, and any other application lawfully made to Service
Oklahoma, and may in all cases make investigation as may be deemed
necessary or require additional information, and shall reject any
such application if not satisfied of the genuineness, regularity, or
legality thereof or the truth of any statement contained therein, or
for any other reason, when authorized by law. If a person making
application to Service Oklahoma presents any document to Service
Oklahoma which Service Oklahoma has reason to believe is false,
fraudulent, or being used by a person not authorized to use such
document, Service Oklahoma shall confiscate the document until such
time is determined by Service Oklahoma whether the document is
false, fraudulent, or being used by a person not authorized to use
such document.
Added by Laws 1961, p. 327, § 2-112, eff. Sept. 1, 1961. Amended by
Laws 1995, c. 23, § 6, eff. Nov. 1, 1995; Laws 2003, c. 461, § 6,
eff. July 1, 2003; Laws 2022, c. 282, § 32, emerg. eff. May 19,
2022.
§47-2-113. Seizure of documents and plates.
Service Oklahoma is hereby authorized to take possession of any
certificate of title, registration card, permit, license or
Oklahoma Statutes - Title 47. Motor Vehicles
registration plate issued by the State of Oklahoma upon expiration,
revocation, cancellation or suspension thereof, or which is
fictitious, or which has been unlawfully or erroneously issued.
Added by Laws 1961, p. 328, § 2-113, emerg. eff. Sept. 1, 1961.
Amended by Laws 2022, c. 282, § 33, emerg. eff. May 19, 2022.
§47-2-114. Distribution of synopsis of laws.
The Department may publish a synopsis or summary of the laws of
this state regulating the operation of vehicles and may deliver a
copy thereof to any person.
Added by Laws 1961, p. 328, § 2-114, eff. Sept. 1, 1961. Amended by
Laws 1995, c. 23, § 7, eff. Nov. 1, 1995.
§47-2-115. Department may summon witnesses and take testimony.
(a) The Commissioner and officers of the Department designated
by him shall have authority to summon witnesses to give testimony
under oath or to give written deposition upon any matter under the
jurisdiction of the Department. Such summons may require the
production of relevant books, papers and records.
(b) Every such summons shall be served at least five (5) days
before the return date, either by personal service made by any
person over eighteen (18) years of age or by registered mail, but
return acknowledgement is required to prove such latter service.
Failure to obey such a summons so served shall constitute a
misdemeanor. The fees for the attendance and travel of witnesses
shall be the same as for witnesses before the district court and
shall be paid from the Public Safety Fund.
(c) The district court, where not otherwise provided, shall have
jurisdiction, upon application by the Commissioner, to enforce all
lawful orders of the Commissioner under this section.
Laws 1961, p. 328, § 2-115.
§47-2-116. Giving of notice.
A. Whenever the Department of Public Safety or the Oklahoma
Insurance Department is authorized or required to give any notice
under this act or other law regulating the operation of vehicles,
unless a different method of giving such notice is otherwise
expressly prescribed, such notice shall be given either by personal
delivery thereof to the person to be so notified or by deposit in
the United States mail of such notice in an envelope with first
class postage prepaid, addressed to such person at the address as
shown by the records of the Department. The giving of notice by
mail is complete upon the expiration of ten (10) days after such
deposit of said notice. Proof of the giving of notice in either
such manner may be made by the certificate of any officer or
employee of the Department or affidavit of any person over eighteen
(18) years of age, naming the person to whom such notice was given
Oklahoma Statutes - Title 47. Motor Vehicles
and specifying the time, place and manner of the giving thereof.
Failure of the person to receive notice because of failure to notify
the Department of a change in his or her current mailing address, as
required by Section 6-116 of this title, shall not be sufficient
grounds for the person to protest the notice.
B. Whenever Service Oklahoma is authorized or required to give
any notice under this title, unless a different method of giving
such notice is otherwise expressly prescribed, such notice shall be
given by mailing such notice by United States mail, in an envelope
with first class postage prepaid, addressed to such person at the
address as shown by the records of Service Oklahoma. The giving of
notice by mail is complete upon the expiration of ten (10) days
after such mailing. Service Oklahoma may show proof of such mailing
by certificate of any officer or employee of Service Oklahoma or
affidavit of any person over eighteen (18) years of age, naming the
person to whom such notice was given and specifying the time, place,
and manner of the giving thereof. Failure of the person to receive
notice because of failure to notify Service Oklahoma of a change in
his or her current mailing address, as required by Section 6-116 of
this title, shall not be sufficient grounds for the person to
protest the notice.
Added by Laws 1961, p. 328, § 2-116, eff. Sept. 1, 1961. Amended by
Laws 1986, c. 279, § 11, operative July 1, 1986; Laws 2007, c. 326,
§ 4, eff. Nov. 1, 2007; Laws 2017, c. 392, § 3, eff. Nov. 1, 2017;
Laws 2019, c. 400, § 1, eff. Nov. 1, 2019; Laws 2022, c. 282, § 34,
emerg. eff. May 19, 2022; Laws 2025, c. 330, § 2, eff. July 1, 2025.
§47-2-117. Police authority of Department - Traffic-related
enforcement authority on National System of Interstate and Defense
Highways - Special traffic-related enforcement in municipalities.
A. The Commissioner of Public Safety and each officer of the
Department of Public Safety, as designated and commissioned by the
Commissioner, are hereby declared to be peace officers of this state
and shall be so deemed and taken in all courts having jurisdiction
of offenses against the laws of the state. Such officers shall have
the powers and authority now and hereafter vested by law in other
peace officers, including the right and power of search and seizure,
except the serving or execution of civil process, and the right and
power to investigate and prevent crime and to enforce the criminal
laws of this state.
B. In addition to the powers and authority prescribed in
subsection A of this section, the officers of the Department shall
have the following authority, responsibilities, powers, and duties:
1. To enforce the provisions of this title and any other law
regulating the operation of vehicles or the use of the highways or
the use of roads located on lands owned by a state beneficiary
Oklahoma Statutes - Title 47. Motor Vehicles
public trust, including any laws of this state by the direction of
the Governor;
2. To arrest without writ, rule, order, or process any person
detected by them in the act of violating any law of the state;
3. When the officer is in pursuit of a violator or suspected
violator and is unable to arrest such violator or suspected violator
within the limits of the jurisdiction of the Oklahoma Highway Patrol
Division, to continue in pursuit of such violator or suspected
violator into whatever part of the state may be reasonably necessary
to effect the apprehension and arrest of the same, and to arrest
such violator or suspected violator wherever the violator may be
overtaken;
4. To assist in the location of stolen property, including
livestock and poultry or the carcasses thereof, and to make any
inspection necessary of any truck, trailer, or contents thereof in
connection therewith;
5. At all times to direct all traffic in conformance with law
and, in the event of a fire or other emergency, to expedite traffic,
or to insure safety, to direct traffic as conditions may require,
notwithstanding the provisions of law;
6. To require satisfactory proof of ownership of the contents
of any motor vehicle, including livestock, poultry, or the carcasses
thereof. In the event that the proof of ownership is not
satisfactory, it shall be the duty of the officer to take the motor
vehicle, driver, and the contents of the motor vehicle into custody
and deliver the same to the sheriff of the county wherein the cargo,
motor vehicle, and driver are taken into custody;
7. When on duty, upon reasonable belief that any vehicle is
being operated in violation of any provisions of this title, or any
other law regulating the operation of vehicles, to require the
driver thereof to stop and exhibit his or her driver license and the
certificate of registration issued for the vehicle, if required to
be carried in the vehicle pursuant to the provisions of Section 1113
of this title, and submit to an inspection of such vehicle, the
license plates, and certificate of registration, if applicable, or
to any inspection and test of the equipment of such vehicle;
8. To inspect any vehicle of a type required to be registered
hereunder in any public garage or repair shop or in any place where
such vehicles are held for sale or wrecking, for the purpose of
locating stolen vehicles and investigating the title and
registration thereof;
9. To serve all warrants relating to the enforcement of the
laws regulating the operation of vehicles or the use of the highways
and bench warrants issued for nonpayment of fines and costs for
moving traffic violations;
10. To investigate and report traffic collisions on all
interstate and defense highways and on all highways outside of
Oklahoma Statutes - Title 47. Motor Vehicles
incorporated municipalities, and may investigate traffic collisions
within any incorporated municipality upon request of the local law
enforcement agency, and to secure testimony of witnesses or of
persons involved;
11. To investigate reported thefts of motor vehicles, trailers,
and semitrailers;
12. To stop and inspect any motor vehicle or trailer for such
mechanical tests as may be prescribed by the Commissioner to
determine the roadworthiness of the vehicle. Any vehicle which may
be found to be unsafe for use on the highways may be ordered removed
from the highway until such alterations or repairs have been made
that will render the vehicle serviceable for use on the highway;
13. To stop and inspect the contents of all motor vehicles to
ascertain whether or not the provisions of all general laws are
being observed;
14. To enforce the laws of the state relating to the
registration and licensing of motor vehicles;
15. To enforce the laws relating to the operation and use of
vehicles on the highway;
16. To enforce and prevent, on the roads of the state highway
system, the violation of the laws relating to the size, weight, and
speed of commercial motor vehicles and all laws designed for the
protection of the highway pavements and structures on such highways;
17. To investigate and report to the Corporation Commission and
the Oklahoma Tax Commission any violation of their rules and the
laws governing the transportation of persons and property by motor
transportation companies and all other motor carriers for hire;
18. To investigate and report violations of all laws relating
to the collection of excise taxes on motor vehicle fuels;
19. To regulate the movement of traffic on the roads of the
state highway system;
20. Whenever possible, to determine persons causing or
responsible for the breaking, damaging, or destruction of any
improved surfaced roadway, structure, sign, marker, guardrail, or
any other appurtenance constructed or maintained by the Department
of Transportation, and to arrest persons responsible and to bring
them before the proper officials for prosecution;
21. To investigate incidents involving an employee of the
Department of Public Safety, when such incidents are related to the
performance of the duties of the employee; and
22. To initiate or assist in manhunts and fugitive
apprehensions.
C. Whenever any person is arrested by a patrol officer for a
traffic violation, the provisions of Sections 16-101 through 16-114
of this title shall apply.
D. 1. Except as provided in this subsection, the powers and
duties conferred on the Commissioner and officers of the Department
Oklahoma Statutes - Title 47. Motor Vehicles
of Public Safety shall not limit the powers and duties of sheriffs
or other peace officers of the state or any political subdivision of
the state.
2. The Oklahoma Highway Patrol Division shall have primary law
enforcement authority respecting traffic-related offenses upon the
National System of Interstate and Defense Highways, and may have
special law enforcement authority on those portions of the federalaid primary highways and the state highway system which are located
within the boundaries and on the outskirts of a municipality, and
designated by the Commissioner of Public Safety for such special law
enforcement authority. As used in this subsection, “outskirts of a
municipality” means and shall be determined by presence of the
following factors:
a.
low land use density,
b.
absence of any school or residential subdivision
requiring direct ingress or egress from the highway,
and
c.
a scarcity of retail or commercial business abutting
the highway.
3. The Commissioner may designate any portion of the National
System of Interstate and Defense Highways, and those portions of the
federal-aid primary highways and the state highway system which are
located within the boundaries of and on the outskirts of a
municipality, for special traffic-related enforcement by the
Oklahoma Highway Patrol Division and issue a written notice to any
other law enforcement agency affected thereby. Upon receipt of such
notice, the affected law enforcement agency shall not regulate
traffic nor enforce traffic-related statutes or ordinances upon such
designated portion of the National System of Interstate and Defense
Highways or such designated portions of the federal-aid primary
highways and the state highway system without prior coordination and
written approval of the Commissioner.
E. 1. Any of the following persons may request the
Commissioner to investigate the traffic-related enforcement
practices of a municipal law enforcement agency whose jurisdiction
includes portions of the federal-aid primary highways, the state
highway system, or both located within the boundaries of or on the
outskirts of the municipality:
a.
the district attorney in whose jurisdiction the
municipality is located,
b.
a majority of the county commissioners, by resolution,
of the county in which the municipality is located,
c.
the State Auditor and Inspector,
d.
the Attorney General, or
e.
a state legislator in whose district the municipality
is located.
Oklahoma Statutes - Title 47. Motor Vehicles
2. The request shall state that the requesting party believes
the enforcement practices are being conducted:
a.
within the boundaries of or on the outskirts of the
municipality, and
b.
for the purpose of generating more than fifty percent
(50%) of the revenue needed for the operation of the
municipality.
3. Upon receipt of a request pursuant to this subsection, the
Commissioner may investigate the traffic-related enforcement
practices of the municipal law enforcement agency and the receipts
and expenditures of the municipality. The law enforcement agency,
the municipality, and the requesting party shall cooperate fully
with the Commissioner in such an investigation. Upon the completion
of the investigation, the Commissioner shall submit a report of the
results of the investigation to the Attorney General, who shall make
a determination within sixty (60) days of receipt of the report as
to whether the enforcement practices of the municipal law
enforcement agency are being conducted as provided in subparagraphs
a and b of paragraph 2 of this subsection. Upon a determination
that the enforcement practices are not being conducted in such a
manner, the Attorney General shall notify the Commissioner in
writing, and the Commissioner shall take no action to make a
designation as provided in paragraph 3 of subsection D of this
section. Upon a determination that the enforcement practices are
being conducted as provided in subparagraphs a and b of paragraph 2
of this subsection, the Attorney General shall notify the
Commissioner in writing, and the Commissioner shall make the
designation of special traffic-related enforcement as provided in
paragraph 3 of subsection D of this section, which shall stay in
force for such time as determined by the Commissioner. The
Department of Public Safety shall adopt rules to uniformly implement
the procedures for initiating, investigating, and reporting to the
Attorney General the results of a request under the provisions of
this subsection and the criteria for determining the length of time
the designation of special traffic-related enforcement shall be in
force.
F. Nothing in this section shall limit a member of the Oklahoma
Highway Patrol Division from requesting assistance from any other
law enforcement agency nor limit officers of such agency from
rendering the requested assistance. The officer and the law
enforcement agency responding to the request of the member of the
Oklahoma Highway Patrol Division or sheriff’s department shall have
the same rights and immunities as are possessed by the Oklahoma
Highway Patrol Division.
G. No state official shall have any power, right, or authority
to command, order, or direct any commissioned law enforcement
officer of the Department of Public Safety to perform any duty or
Oklahoma Statutes - Title 47. Motor Vehicles
service contrary to the provisions of this title or any other laws
of this state.
Added by Laws 1961, p. 328, § 2-117, eff. Sept. 1, 1961. Amended by
Laws 1982, c. 16, § 1, emerg. eff. March 23, 1982; Laws 1987, c. 6,
§ 15, emerg. eff. March 16, 1987; Laws 1990, c. 259, § 4, eff. Sept.
1, 1990; Laws 1996, c. 324, § 4; Laws 2003, c. 404, § 1, eff. Nov.
1, 2003; Laws 2004, c. 418, § 6, eff. July 1, 2004; Laws 2005, c.
190, § 8, eff. Sept. 1, 2005; Laws 2007, c. 62, § 8, emerg. eff.
April 30, 2007; Laws 2007, c. 348, § 1, eff. Nov. 1, 2007; Laws
2014, c. 228, § 2, eff. July 1, 2014; Laws 2025, c. 197, § 2, eff.
Nov. 1, 2025.
§47-2-117.1. Investigation and report of violation of rules and
regulations governing transportation of persons and property.
A. It shall be the duty of Service Oklahoma to investigate and
report to the Corporation Commission and the Department of Public
Safety violations of their rules and regulations and the laws
governing the transportation of persons and property by motor
transportation companies and all other motor carriers for hire.
B. It shall be the duty of the Corporation Commission to
investigate and report to Service Oklahoma and the Department of
Public Safety violations of their rules and regulations and the laws
governing the transportation of persons and property by motor
transportation companies and all other motor carriers for hire.
Added by Laws 1987, c. 6, § 16, emerg. eff. March 16, 1987. Amended
by Laws 2025, c. 171, § 2, eff. July 1, 2026.
§47-2-118. Administration of Division of Highway Patrol.
(a) The Commissioner shall require that the Division of Highway
Patrol properly patrol the highways of this state and cooperate with
sheriffs and police officers in enforcing the laws regulating the
operation of vehicles and the use of highways.
(b) The Commissioner may establish a school for the training and
education of the members of said Division in traffic regulation, the
promotion of traffic safety and enforcement of the laws regulating
the operation of vehicles and the use of the highways.
(c) All members of said Division when on duty shall be dressed
in distinctive uniform and display a badge of office.
Laws 1961, p. 330, § 2-118.
§47-2-119. Badge of authority - Penalties.
The Commissioner shall issue to each member of the Division of
Highway Patrol a badge of authority with the seal of this state in
the center thereof, with the words "Oklahoma Highway Patrol"
encircling said seal and below the designation of the position held
by the member to whom issued. Every such badge shall be numbered or
each number shall otherwise display a distinctive serial number.
Oklahoma Statutes - Title 47. Motor Vehicles
1. Neither the Commissioner nor any other person shall issue
any such badge to any person who is not a duly appointed and acting
member of said Division.
2. Any person who without authority wears the badge of a member
of said Division, or a badge of similar design which would tend to
deceive anyone, is guilty of a misdemeanor.
3. Any person who impersonates a member of said Division or
other officer or employee of the Department with intent to deceive
anyone, or who without authority wears a uniform likely to be
confused with the official uniform of any such officer, is guilty of
a misdemeanor.
Laws 1961, p. 330, § 2-119.
§47-2-120. Transportation for Attorney General.
The Department of Public Safety is authorized to provide radioequipped transportation for the Attorney General of the State of
Oklahoma.
Laws 1971, c. 227, § 4, emerg. eff. June 12, 1971.
§47-2-121. Legal division.
The Department of Public Safety shall establish or provide for a
Legal Division and the Commissioner may employ attorneys as needed,
which may be on full-time or part-time basis, which attorneys, in
addition to advising the Commissioner, Highway Patrol and other
Department personnel on legal matters, may appear for and represent
the Commissioner, Highway Patrol and Department in administrative
hearings and other legal actions and proceedings. Provided, that it
shall continue to be the duty of the Attorney General to give his
official opinion to the Commissioner and to prosecute and defend
actions therefor, if requested to do so.
Laws 1971, c. 354, § 7, operative July 1, 1971.
§47-2-122. Receipt of funds - Law enforcement training centers Drug Abuse Resistance Education Program - Petty cash fund.
A. The Commissioner of Public Safety is authorized to receive
funds from gifts, federal and state agency sources, state and local
agency employees, and tuition and fees for room and meals from users
of the Robert R. Lester Training Center and other training
facilities of the Department of Public Safety. All amounts
collected shall be deposited in the State Treasury to the credit of
the Department of Public Safety Revolving Fund.
B. The Commissioner or designee is authorized to receive
contributions, gifts and donations for the sole benefit and
operation of the education programs of the Department including, but
not limited to, the Drug Abuse Resistance Education (D.A.R.E.)
Program. All monies received by the Commissioner or designee
pursuant to this subsection shall be deposited to the credit of the
Oklahoma Statutes - Title 47. Motor Vehicles
Department of Public Safety Restricted Revolving Fund and shall be
expended by the Department solely for the purposes of the operation
of the education programs of the Department. All other property
received by the Commissioner or designee pursuant to this subsection
shall be held by the Department in trust under the terms and
conditions imposed by the donors, and title to any and all property
acquired, granted or donated to the Department shall be taken in the
name of the state to be held for the use and benefit of such
education programs of the Department under the conditions of the
grants or donations. Provided, however, no real property shall be
accepted by the Commissioner or designee for the purposes of this
subsection.
C. There is hereby created a petty cash fund for the Department
of Public Safety. Said fund shall be used by the Department to
operate cash drawers as necessary. The amount of the petty cash
fund shall be determined by the Director of the Office of Management
and Enterprise Services and the Commissioner of Public Safety.
Purchases from the petty cash fund shall be prohibited. The
Director of the Office of Management and Enterprise Services shall
be authorized to prescribe forms, systems and procedures for the
administration of the petty cash fund.
Added by Laws 1972, c. 84, § 4, emerg. eff. March 28, 1972. Amended
by Laws 1983, c. 286, § 12, operative July 1, 1983; Laws 1987, c. 5,
§ 148, emerg. eff. March 11, 1987; Laws 1988, c. 290, § 11,
operative July 1, 1988; Laws 1990, c. 258, § 62, operative July 1,
1990; Laws 1994, c. 218, § 4, eff. July 1, 1994; Laws 1997, c. 211,
§ 1, eff. Nov. 1, 1997; Laws 2002, c. 397, § 8, eff. Nov. 1, 2002;
Laws 2011, c. 335, § 4; Laws 2012, c. 283, § 2, eff. July 1, 2012;
Laws 2012, c. 304, § 164.
§47-2-122.1. Acquisition of federal funds.
All funds appropriated to the Department of Public Safety may be
used and expended in conjunction or cooperation with any federal
agency or instrumentality under such terms and conditions considered
appropriate or necessary by the Commissioner of Public Safety to
obtain grants or federal aid assistance in accordance with state
law. The Department of Public Safety is hereby authorized to
collect, receive and use any and all grants, reimbursements, or
court-ordered forfeitures made available through any agency or
instrumentality of the federal government, provided, however, such
funds shall be deposited in the State Treasury and disbursed in
accordance with the agreement between the Department of Public
Safety and the applicable federal agency or instrumentality.
Added by Laws 1988, c. 290, § 23, operative July 1, 1988.
§47-2-122.2.
Employee performance program – Recognition awards.
Oklahoma Statutes - Title 47. Motor Vehicles
A. The Commissioner of Public Safety is authorized to establish
an employee performance recognition program that encourages
outstanding job performance and productivity within the Department
of Public Safety. The Commissioner is authorized to expend funds
for:
1. The purchase of recognition awards to be presented to work
units or individual employees having exceptional job performance
records or other significant contributions to the operation of the
Department; and
2. A formal ceremony or banquet where the awards may be
presented.
B. Recognition awards may consist of distinctive wearing
apparel, service pins, plaques, writing pens, or other distinguished
awards of a value not exceeding One Hundred Fifty Dollars ($150.00)
per award to recognize the achievement of the work unit or
individual employee. In addition to recognition awards, the
Commissioner may establish an employee benefit program not exceeding
Twenty-five Thousand Dollars ($25,000.00) each fiscal year for cash
awards to recognize outstanding performance in the workplace by
Department employees.
Added by Laws 2000, c. 146, § 1, eff. Nov. 1, 2000.
§47-2-122.3. Ownership, training and use of canines.
A. The Legislature finds and declares that it is in the public
interest:
1. For the Department of Public Safety to acquire, house and
train canines to assist in explosives detection, to seek out and
discover controlled dangerous substances, to perform drug
interdiction, to perform patrol activities, to perform article
searches, to provide officer protection, and to engage in tracking
in order to assist in the apprehension and arrest of criminals or
those reasonably believed to be criminals or engaged in a criminal
activity; and
2. To kennel each canine with its full-time trainer-handler,
who shall be the primary caregiver of the canine.
B. The Commissioner of Public Safety is hereby authorized, and
it is hereby deemed to be a public function of the Department of
Public Safety:
1. To own, train and use canines for the purposes described in
subsection A of this section;
2. To house each canine of the Department with the particular
trainer-handler of the canine; and
3. To pay from any monies available to the Department for the
construction and repair expenses of a kennel for each canine of the
Department on the private property of the trainer-handler of the
canine.
Oklahoma Statutes - Title 47. Motor Vehicles
C. Construction and repair expenses of a kennel shall include,
but not be limited to, minor improvements to the real property of
the trainer-handler, such as a necessary concrete slab for the
kennel floor, kennel water line and spigot, kennel fencing, and
shelter, all of which may be affixed to the real property of the
trainer-handler. Fixtures to real property approved herein may also
include a drainage and septic system for sanitary purposes, but only
in the case which is the result of numerous canines, such as those
used for tracking, kenneled at a particular location.
D. Any kennel facilities authorized by this section shall only
be used for the kenneling of, caring for, and training of stateowned canines and shall be reasonable in both size and cost.
E. Any expenditure made under the provisions of this section
shall be overseen and approved by the Commissioner, or his or her
designee, prior to being incurred, unless the Commissioner
specifically provides an exception; provided, under all
circumstances the Commissioner shall retain complete control over
the expenditures and shall establish internal procedures and
guidelines for the expenditures and the eligibility of anyone to
receive such expenditures.
Added by Laws 2008, c. 297, § 1, emerg. eff. June 2, 2008.
§47-2-123. Sale and auction of used vehicles, used emergency
vehicle equipment, and forfeited property.
A. The Department of Public Safety is hereby authorized to make
available for sale used vehicles and used emergency vehicle
equipment to any federal, state, county or municipal agency, public
school district, or any reserve deputy, reserve officer, or
firefighter who furnishes their own vehicle for the performance of
their duty.
B. The Department of Public Safety is hereby authorized to make
available for sale at public auction any used vehicles, used
emergency vehicle equipment, and any property forfeited to the
Department.
C. The Department of Public Safety shall promulgate rules for
the sale and auction of used vehicles, used emergency vehicle
equipment, and forfeited property.
Added by Laws 1974, c. 283, § 5, emerg. eff. May 29, 1974. Amended
by Laws 1979, c. 45, § 1, eff. Oct. 1, 1979; Laws 1983, c. 304, §
21, eff. July 1, 1983; Laws 1995, c. 47, § 1, eff. Nov. 1, 1995;
Laws 2001, c. 90, § 1, eff. July 1, 2001; Laws 2009, c. 216, § 1,
eff. Nov. 1, 2009.
§47-2-124.
Creation.
Law Enforcement Telecommunications Systems Division -
Oklahoma Statutes - Title 47. Motor Vehicles
A. There is hereby created within the Department of Public
Safety an Oklahoma Law Enforcement Telecommunication Systems
Division.
B. The Division shall:
1. Operate and maintain an on-line, realtime computer system
and a statewide law enforcement data communication network;
2. Utilize and distribute information on vehicle registration,
driver records, criminals and the commission of crimes;
3. Be responsible for the coordination of user agencies with
the National Crime Information Center in Washington, D.C., and the
National Law Enforcement Telecommunication System, or its successor;
4. Be the central access and control point for Oklahoma's
input, retrieval and exchange of law enforcement information in the
National Crime Information Center and the National Law Enforcement
Telecommunication System; and
5. Provide user agencies a data communication network, in order
to exchange and distribute law enforcement data rapidly, and
training in the use of the Oklahoma Law Enforcement
Telecommunication Systems.
C. The statewide law enforcement data communications network
shall be a part of the Oklahoma Government Telecommunications
Network (OGTN) created in Section 34.23 of Title 62 of the Oklahoma
Statutes; provided, however, the Department of Public Safety may
continue to operate, maintain and enhance the statewide law
enforcement data communications network; provided, however, the
Department of Public Safety shall submit all plans for the
enhancement of the statewide law enforcement communications network
to the Office of Management and Enterprise Services for review and
approval. The Department of Public Safety shall participate with
the Office of Management and Enterprise Services in joint efforts to
provide services for the OGTN.
D. All criminal justice agencies disseminating criminal history
information derived from the National Crime Information Center's
criminal history file shall maintain a record of dissemination in
accordance with federal law as well as rules promulgated by the
National Crime Information Center and the Commissioner of Public
Safety.
E. The Oklahoma Law Enforcement Telecommunication Systems
Division shall have the authority to audit state and local law
enforcement and criminal justice agencies to ensure compliance with
federal laws as well as rules of the Department of Public Safety
which pertain to the Oklahoma Law Enforcement Telecommunication
Systems.
Added by Laws 1975, c. 324, § 1, emerg. eff. June 12, 1975. Amended
by Laws 1992, c. 268, § 3, eff. Sept. 1, 1992; Laws 2002, c. 397, §
9, eff. Nov. 1, 2002; Laws 2012, c. 304, § 165.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-2-124.1. Arrest warrant identification information Dissemination.
A. The Office of the Administrative Director of the Courts
shall provide to the Department of Public Safety current
computerized arrest warrant identification information for
dissemination to the users of the Oklahoma Law Enforcement
Telecommunication Systems.
B. The Commissioner of the Department of Public Safety shall
have the authority to audit state and local law enforcement agencies
to ensure compliance with applicable state and federal laws
pertaining to the dissemination of arrest warrant identification
information.
C. No cause of action shall arise, nor shall any liability be
imposed against any personnel within the Office of the
Administrative Director of the Courts, the district courts, the
offices of the district court clerks or any personnel of the
Department of Public Safety for communicating or delivering
information or data pursuant to the provisions of this section, if
such communication or delivery was performed in good faith and
without fraudulent intent and in accordance with the established
standards and guidelines.
Added by Laws 1994, c. 181, § 1, eff. Sept. 1, 1994.
§47-2-125. Deposit and expenditure of funds.
The Commissioner of Public Safety shall assess and collect costs
and fees from subscribers to the Oklahoma Law Enforcement
Telecommunication System (OLETS), to be deposited in the State
Treasury to the credit of the Department of Public Safety Restricted
Revolving Fund. Such costs and fees expended from the fund shall be
for personnel, recurring user fees, necessary hardware and
accessories, installation of equipment, maintenance and operational
expenses for OLETS. If a county sheriff offers hosting services of
end users that allows for a connection to OLETS, the sheriff may
assess and collect fees for the itemized actual costs of providing
personnel, reoccurring user fees, necessary hardware and
accessories, installation of equipment, maintenance, training and
operational expenses for the utilization of the hosting data system
and shall provide the terms and itemized costs in an inter-local
agreement between both parties. The agreement shall be filed with
the office of the county clerk and in the offices of each
governmental entity involved. Fees generated through this section
shall be deposited in the Sheriff's Service Fee Account for the sole
use of the purposes outlined in this section.
Added by Laws 1975, c. 324, § 2, emerg. eff. June 12, 1975. Amended
by Laws 1976, c. 241, § 9, emerg. eff. June 15, 1976; Laws 1983, c.
286, § 13, operative July 1, 1983; Laws 1987, c. 5, § 149, emerg.
eff. March 11, 1987; Laws 1988, c. 290, § 12, operative July 1,
Oklahoma Statutes - Title 47. Motor Vehicles
1988; Laws 2012, c. 283, § 3, eff. July 1, 2012; Laws 2017, c. 265,
§ 1, eff. Nov. 1, 2017; Laws 2019, c. 344, § 1, eff. Nov. 1, 2019.
§47-2-126. Rules.
The Commissioner of Public Safety may promulgate rules as may be
necessary to carry out the provisions of Sections 2-124 through 2129 of this title.
Added by Laws 1975, c. 324, § 3, emerg. eff. June 12, 1975. Amended
by Laws 2002, c. 397, § 10, eff. Nov. 1, 2002.
§47-2-127.
Repealed by Laws 1983, c. 304, § 182, eff. July 1, 1983.
§47-2-128. Transfer of personnel and assets.
All personnel employed by the Commission on Criminal and Traffic
Law Enforcement System and all funds, records, equipment, furniture,
fixtures, files and supplies of whatsoever kind and character now
under the jurisdiction and control of the Commission are hereby
transferred to the Department of Public Safety. All employees so
transferred shall be in the classified service of the Merit System
of Personnel Administration and shall be transferred at present
salaries with all accrued annual and sick leave.
Laws 1975, c. 324, § 5, emerg. eff. June 12, 1975.
§47-2-129. Custody and dissemination of confidential and privileged
information.
A. Any person charged with the custody and dissemination of
confidential and privileged information or in receipt of such
information from the statewide law enforcement data communications
network provided for in Section 2-124 of this title shall neither
divulge nor disclose any such information except to federal, state,
county or city law enforcement or criminal justice agencies.
B. Any person charged with the custody and dissemination of
confidential and privileged information shall not without
authorization utilize the Oklahoma Law Enforcement Telecommunication
System for any reason.
C. Any person violating the provisions of this section upon
conviction shall be deemed guilty of a misdemeanor punishable by
imprisonment in the county jail for not more than one (1) year.
Added by Laws 1975, c. 324, § 6, emerg. eff. June 12, 1975. Amended
by Laws 1992, c. 268, § 4, eff. Sept. 1, 1992; Laws 1993, c. 25, §
1, eff. Sept. 1, 1993.
§47-2-130. Expense allowance for certain employees.
A. An expense allowance of One Hundred Fifty Dollars ($150.00)
per month for maintenance and cleaning of uniforms, continuing law
enforcement education, purchase of practice ammunition, and other
Oklahoma Statutes - Title 47. Motor Vehicles
related expenses shall be paid to all commissioned law enforcement
officers of the Department of Public Safety.
B. An expense allowance of One Hundred Dollars ($100.00) per
month for maintenance and cleaning of uniforms, continuing law
enforcement education, purchase of practice ammunition, and other
related expenses shall be paid to each of the following employees:
1. Cadets while members of a patrol academy or during
employment while on provisional or probationary status; and
2. Law enforcement personnel on provisional or probationary
status.
C. An expense allowance of One Hundred Dollars ($100.00) per
month for maintenance and cleaning of uniforms and other related
expenses shall be paid to all other uniformed employees of the
Department of Public Safety.
Laws 1978, c. 270, § 5, emerg. eff. May 10, 1978; Laws 1980, c. 350,
§ 6, eff. July 1, 1980; Laws 1982, c. 352, § 14, operative July 1,
1982; Laws 1983, c. 286, § 14, operative July 1, 1983; Laws 1988, c.
290, § 13, operative July 1, 1988; Laws 1992, c. 302, § 2, eff. July
1, 1992.
§47-2-130.1. Additional compensation for irregular shift hours and
twenty-four-hour call employees.
Subject to the availability of funds, the Commissioner of Public
Safety is authorized to pay up to an additional Fifty Dollars
($50.00) per month to any employee of the Department who works
irregular shift hours or who is subject to twenty-four-hour call.
Added by Laws 1983, c. 286, § 15, operative July 1, 1983.
§47-2-131.
Repealed by Laws 1995, c. 294, § 4, eff. July 1, 1995.
§47-2-132.
2003.
Repealed by Laws 2003, c. 279, § 15, emerg. eff. May 26,
§47-2-133. Psychological Services Division - Director - Internship
program.
A. There is hereby established in the Department of Public
Safety a Division to be known as the Psychological Services
Division. The Commissioner of Public Safety is authorized to
appoint a Director of Psychological Services and to employ such
clerical, support personnel and interns on a full-time or part-time
basis as may be necessary to perform the duties imposed upon the
Division.
B. The Director of Psychological Services shall possess a
doctorate in psychology, shall be licensed by the State Board of
Examiners of Psychologists and shall have not less than five (5)
years' experience in law enforcement.
Oklahoma Statutes - Title 47. Motor Vehicles
C. Prior to the establishment of any psychology internship
program, the Director of Psychological Services shall submit a plan
for such program to the State Board of Examiners of Psychologists
for approval. Such program shall meet all requirements of the rules
and regulations of the Board.
Added by Laws 1985, c. 305, § 16, emerg. eff. July 24, 1985.
§47-2-134.
Repealed by Laws 1998, c. 245, § 10, eff. July 1, 1998.
§47-2-135.
Repealed by Laws 1998, c. 245, § 10, eff. July 1, 1998.
§47-2-136.
Repealed by Laws 1998, c. 245, § 10, eff. July 1, 1998.
§47-2-140.
Repealed by Laws 1998, c. 245, § 11, eff. Jan. 1, 1999.
§47-2-140.1.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
§47-2-140.2.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
§47-2-140.3.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
§47-2-140.4.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
§47-2-140.5.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
§47-2-140.6.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
§47-2-140.7.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
§47-2-140.8.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
§47-2-140.9.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
§47-2-140.10.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
§47-2-140.11.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
Oklahoma Statutes - Title 47. Motor Vehicles
§47-2-140a. Advanced Roadside Impaired Driving Enforcement (ARIDE)
— Pilot program to increase available training.
A. The Department of Public Safety shall establish and
administer a pilot program to increase the availability of Advanced
Roadside Impaired Driving Enforcement (ARIDE) training. The purpose
of this program is to increase the number of peace officers
qualified to conduct certain drug-impairment screening tests during
impaired driving investigations.
B. The Department is authorized to provide funding, administer
the program, and establish grant criteria regarding the
administration of the program.
Added by Laws 2024, c. 428, § 1, eff. Nov. 1, 2024.
§47-2-141.
Repealed by Laws 1998, c. 245, § 12, eff. Jan. 1, 1999.
§47-2-142. Computer Imaging System Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Department of Public Safety, to be designated the "Computer
Imaging System Revolving Fund". The fund shall be a continuing fund
not subject to fiscal year limitations. All monies accruing to the
credit of said fund are hereby appropriated and shall be budgeted
and expended by the Department for the exclusive purpose of
implementing, developing, administering, and maintaining the
computer imaging system of the Department of Public Safety.
Expenditures from said fund shall be made upon warrants issued by
the State Treasurer against claims filed as prescribed by law with
the Director of the Office of Management and Enterprise Services for
approval and payment.
Added by Laws 2001, c. 361, § 8, eff. July 1, 2001. Amended by Laws
2012, c. 304, § 166.
§47-2-143. Department of Public Safety Patrol Vehicle Revolving
Fund.
There is hereby created in the State Treasury a revolving fund
for the Department of Public Safety, to be designated the
"Department of Public Safety Patrol Vehicle Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations. All monies accruing to the credit of the fund are
hereby appropriated and shall be budgeted and expended by the
Department for the purpose of purchasing, equipping, and maintaining
of patrol vehicles and patrol aircraft and for any other purpose
related to the duties and responsibilities of the Transportation
Division of the Department, as well as any other operational
expenses of the Oklahoma Highway Patrol. No monies shall be
expended from this fund without expressed authorization by the
Legislature. Expenditures from said fund shall be made upon
Oklahoma Statutes - Title 47. Motor Vehicles
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
Added by Laws 1997, c. 179, § 3, emerg. eff. May 12, 1997.
Renumbered from § 854.1 of this title by Laws 2001, c. 435, § 15,
eff. July 1, 2001. Amended by Laws 2003, c. 461, § 7, eff. July 1,
2003; Laws 2011, c. 226, §2; Laws 2011, c. 335, § 5; Laws 2012, c.
304, § 167.
NOTE: Editorially renumbered from § 2-142 of this title to avoid
duplication in numbering.
§47-2-144.1. Department of Public Safety Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the Department of Public Safety to be designated the
Department of Public Safety Revolving Fund. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all money received by the Department of Public Safety
from:
1. Sale of surplus property;
2. Insurance and other reimbursements for damaged, lost or
stolen property;
3. Reimbursement for services of Department personnel as
approved by the Department if such personnel are representing the
Department or are in any uniform of the Department;
4. Reimbursement for supplies or facsimile or data
transmissions or for contractual services or products not otherwise
provided by law;
5. Fees and costs paid by subscribers to the Oklahoma Law
Enforcement Telecommunications Systems;
6. Refund of federal gasoline tax;
7. Reimbursements by federal, state and municipal government
agencies for the use of Department of Public Safety airplanes;
8. Fees from users of the Robert R. Lester Training Center or
other Department of Public Safety training facilities;
9. Federal funds, unless otherwise provided by federal law or
regulation; and
10. Any other funds received pursuant to law and designated for
deposit into the fund.
B. All monies accruing to the credit of the fund are hereby
appropriated and may be budgeted and expended by the Department of
Public Safety for the operating expenses of the Department.
C. The Director of the Office of the Office of Management and
Enterprise Services shall provide a distinct numbering system for
the identification and tracking of the expenditures of the various
programs budgeted from the revolving fund.
D. Expenditures from the fund shall be made upon warrants
issued by the State Treasurer against claims filed as prescribed by
Oklahoma Statutes - Title 47. Motor Vehicles
law with the Director of the Office of Management and Enterprise
Services for approval and payment.
Added by Laws 2002, c. 397, § 14, eff. Nov. 1, 2002. Amended by
Laws 2005, c. 361, § 2, eff. Nov. 1, 2005; Laws 2011, c. 335, § 6;
Laws 2012, c. 283, § 4, eff. July 1, 2012; Laws 2012, c. 304, § 168.
§47-2-145. Department of Public Safety Restricted Revolving Fund.
A. There is hereby created in the State Treasury a revolving
fund for the Department of Public Safety, to be designated the
"Department of Public Safety Restricted Revolving Fund". The fund
shall be a continuing fund, not subject to fiscal year limitations.
All monies accruing to the credit of said fund are hereby
appropriated and shall be budgeted and expended by the Department of
Public Safety for the restricted purposes of the monies as
prescribed by law. Expenditures from said funds shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
B. Any statutory references to the Department of Public Safety
Revolving Fund shall mean the Department of Public Safety Restricted
Revolving Fund, as provided for in this section, whenever the
expenditure of the monies is restricted by law.
C. The Department of Public Safety shall transfer all funds,
for which expenditure is restricted by law, from the Department of
Public Safety Revolving Fund to the Department of Public Safety
Restricted Revolving Fund.
Added by Laws 2011, c. 308, § 1, eff. July 1, 2011. Amended by Laws
2012, c. 304, § 169.
§47-2-146. Department of Public Safety Patrol Academy Revolving
Fund.
A. There is hereby created in the State Treasury a revolving
fund for the Department of Public Safety, to be designated the
"Department of Public Safety Patrol Academy Revolving Fund". The
fund shall be a continuing fund, not subject to fiscal year
limitations. All monies accruing to the credit of said fund are
hereby appropriated and shall be budgeted and expended by the
Department of Public Safety for the exclusive purpose of Oklahoma
Highway Patrol Trooper Academies. Expenditures from said fund shall
be made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
B. On or before December 1 of each year, the Department of
Public Safety shall provide a written report on all Oklahoma Highway
Patrol Trooper Academies conducted in the then current and preceding
state fiscal year to the Speaker of the Oklahoma House of
Representatives, the President Pro Tempore of the Oklahoma State
Oklahoma Statutes - Title 47. Motor Vehicles
Senate, the Chair of the Appropriations and Budget Committee of the
Oklahoma House of Representatives, and the Chair of the
Appropriations Committee of the Oklahoma State Senate. Such report
shall include, but not be limited to, the following information for
the then current and preceding state fiscal year:
1. A description of all expenditures from the Department of
Public Safety Patrol Academy Revolving Fund;
2. A description of the source of all monies accruing to the
credit of the Department of Public Safety Patrol Academy Revolving
Fund;
3. A description of all expenditures, including the source of
funds for said expenditures, used to conduct each academy;
4. The total number of applicants for each academy;
5. The total number of persons admitted for each academy;
6. The total number of persons graduating from each academy;
7. The total number of persons graduating from each academy
that do not accept a position within the Oklahoma Highway Patrol;
8. The total number of persons graduating from each academy
that, upon accepting a position within the Oklahoma Highway Patrol,
do not complete service of an initial probationary period as
determined by the Department of Public Safety;
9. The net number of troopers added to the Oklahoma Highway
Patrol in a calendar year;
10. A description of any academies planned to be conducted in
the upcoming state fiscal year; and
11. A description of any planned academy or academies to be
conducted within the remaining fiscal year that includes, but is not
limited to, the estimated cost of the academy and the proposed
source or sources of funding.
Added by Laws 2011, c. 308, § 2, eff. July 1, 2011. Amended by Laws
2012, c. 304, § 170; Laws 2022, c. 370, § 1, eff. Nov. 1, 2022.
§47-2-147. State Public Safety Fund.
A. There is hereby created in the State Treasury a fund to be
designated as the “State Public Safety Fund”. The fund shall be
subject to legislative appropriation and shall consist of revenues
deposited to such fund by Section 1113.2 of Title 47 of the Oklahoma
Statutes and of such other revenues as may be provided by law.
B. The State Public Safety Fund shall be utilized by the
Legislature through appropriations to support public safety and the
services offered by Service Oklahoma.
Added by Laws 2016, c. 359, § 2. Amended by Laws 2023, 1st Ex.
Sess., c. 47, § 1, eff. July 1, 2023.
§47-2-150. Weapons, badges and official license plates - Retention
after retirement.
Oklahoma Statutes - Title 47. Motor Vehicles
A. A commissioned officer of the Oklahoma Highway Patrol
Division of the Department of Public Safety shall be entitled to
receive upon retirement, by reason of length of service or physical
disability, the continued custody and possession of the sidearm and
badge carried by the retired officer immediately prior to
retirement. In addition to the sidearm carried by the retired
officer immediately prior to retirement, the retired officer may
purchase the rifle or shotgun, or both, issued to the retired
officer immediately prior to retirement. The cost to the retired
officer of purchasing the weapon or weapons shall be the price the
Department paid at the time of purchase, and upon payment of that
price, the retired officer shall be entitled to ownership of the
weapon or weapons. Any records regarding the ownership of each
weapon transferred shall be modified to reflect the transfer to the
retired officer. Proceeds from the purchase of the weapon or
weapons shall be deposited in the Department of Public Safety
Revolving Fund.
B. A commissioned officer of the Oklahoma Highway Patrol
Division of the Department of Public Safety shall be entitled to
receive, upon retirement, the continued custody and possession of
the official license plate issued for the vehicle that was assigned
to the retired officer immediately prior to retirement, provided the
license plate shall not be placed on any motor vehicle. The
provisions of this subsection shall apply to any officer retiring on
or after April 1, 1993, if the official license plate is available.
C. Custody and possession of the sidearm, one complete uniform,
badge and official license plate of a commissioned officer of the
Oklahoma Highway Patrol Division of the Department of Public Safety
who dies during his or her appointment may be awarded by the
Commissioner to the spouse or next of kin of the deceased officer,
provided the license plate shall not be placed on any motor vehicle.
Added by Laws 1967, c. 2, § 1, emerg. eff. Feb. 1, 1967. Amended by
Laws 1980, c. 357, § 22, eff. July 1, 1980; Laws 1986, c. 279, § 12,
operative July 1, 1986; Laws 1988, c. 267, § 27, operative July 1,
1988; Laws 1993, c. 277, § 3, eff. July 1, 1993; Laws 1994, c. 194,
§ 2, eff. Sept. 1, 1994; Laws 1995, c. 16, § 1, eff. Nov. 1, 1995;
Laws 1996, c. 181, § 1, eff. Nov. 1, 1996; Laws 2000, c. 378, § 4,
eff. Jan. 1, 2001. Renumbered from § 2-313 of this title by Laws
2000, c. 378, § 5, eff. Jan. 1, 2001. Amended by Laws 2007, c. 62,
§ 9, emerg. eff. April 30, 2007; Laws 2011, c. 104, § 3, eff. Nov.
1, 2011; Laws 2015, c. 292, § 1, eff. Nov. 1, 2015.
§47-2-201.
Repealed by Laws 2000, c. 189, § 14, eff. July 1, 2000.
§47-2-300. Definitions.
As used in Section 2-300 et seq. of this title:
Oklahoma Statutes - Title 47. Motor Vehicles
1. "System" means the Oklahoma Law Enforcement Retirement
System;
2. "Act" means Section 2-300 et seq. of this title;
3. "Board" means the Oklahoma Law Enforcement Retirement Board
of the System;
4. "Executive Director" means the managing officer of the
System employed by the Board;
5. "Fund" means the Oklahoma Law Enforcement Retirement Fund;
6. "Participating employer" means any Oklahoma entity with one
or more employees who are members of the System;
7.
a.
"Member" means:
(1) all commissioned law enforcement officers of the
Oklahoma Highway Patrol Division of the
Department of Public Safety who have obtained
certification from the Council on Law Enforcement
Education and Training, and all cadets of a
Patrol Academy of the Department of Public
Safety,
(2) law enforcement officers and criminalists of the
Oklahoma State Bureau of Investigation,
(3) law enforcement officers of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control
designated to perform duties in the investigation
and prevention of crime and the enforcement of
the criminal laws of this state,
(4) law enforcement officers of the Alcoholic
Beverage Laws Enforcement Commission designated
to perform duties in the investigation and
prevention of crime and the enforcement of the
criminal laws of this state,
(5) employees of the Communications Section of the
Oklahoma Highway Patrol Division, radio
technicians and tower technicians of the
Department of Public Safety, who are employed in
any such capacity as of June 30, 2008, and who
remain employed on or after July 1, 2008, until a
termination of service, or until a termination of
service with an election of a vested benefit from
the System, or until retirement. Effective July
1, 2008, a person employed for the first time as
an employee of the Department of Public Safety in
the Communications Division as an information
systems telecommunication technician of the
Department of Public Safety shall not be a member
of the System,
(6) park rangers of the Oklahoma Tourism and
Recreation Department and any park manager or
Oklahoma Statutes - Title 47. Motor Vehicles
b.
c.
park supervisor of the Oklahoma Tourism and
Recreation Department, who was employed in such a
position prior to July 1, 1985, and who elects on
or before September 1, 1996, to participate in
the System,
(7) inspectors of the State Board of Pharmacy,
(8) active commissioned or CLEET-certified agents
hired by the Office of the Attorney General or
the Military Department of the State of Oklahoma
on or after July 1, 2024,
(9) police officers who are CLEET-certified and
employed by the University of Oklahoma or
Oklahoma State University and who participate in
the System, pursuant to Section 2-314 of this
title, and
(10) lake patrolmen or dispatchers of the Grand River
Dam Authority who participate in the System,
pursuant to Section 2-315 of this title.
Effective July 1, 1987, a member does not include a
"leased employee" as defined under Section 414(n)(2)
of the Internal Revenue Code of 1986, as amended.
Effective July 1, 1999, any individual who agrees with
the participating employer that the individual's
services are to be performed as a leased employee or
an independent contractor shall not be a member
regardless of any classification as a common-law
employee by the Internal Revenue Service or any other
governmental agency, or any court of competent
jurisdiction.
All persons offered a position described in
subparagraph a of this paragraph shall participate in
the System only upon meeting the requisite post-offerpre-employment examination standards which shall be
subject to the following requirements:
(1) all such persons shall be of good moral
character, free from deformities, mental or
physical conditions, or disease and alcohol or
drug addiction which would prohibit the person
from performing the duties of a law enforcement
officer,
(2) the physical-medical examination shall pertain to
age, sight, hearing, agility and other conditions
the requirements of which shall be established by
the Board,
(3) the person shall be required to meet the
conditions of this subsection prior to the
beginning of actual employment but after an offer
Oklahoma Statutes - Title 47. Motor Vehicles
of employment has been tendered by a
participating employer,
(4) the Board shall have authority to deny or revoke
membership of any person submitting false
information in such person's membership
application, and
(5) the Board shall have final authority in
determining eligibility for membership in the
System, pursuant to the provisions of this
subsection;
8. "Normal retirement date" means the date at which the member
is eligible to receive the unreduced payments of the member's
accrued retirement benefit. Such date shall be the first day of the
month coinciding with or following the date the member:
a.
completes twenty (20) years of vesting service, or
b.
attains sixty-two (62) years of age with ten (10)
years of vesting service, or
c.
attains sixty-two (62) years of age, if:
(1) the member has been transferred to this System
from the Oklahoma Public Employees Retirement
System on or after July 1, 1981, and
(2) the member would have been vested had the member
continued to be a member of the Oklahoma Public
Employees Retirement System.
With respect to distributions under the System made for calendar
years beginning on or after January 1, 2005, the System shall apply
the minimum distribution incidental benefit requirements, incidental
benefit requirements, and minimum distribution requirements of
Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,
in accordance with the final regulations under Section 401(a)(9) of
the Internal Revenue Code of 1986, as amended, including Treasury
Regulations Sections 1.401(a)(9)-1 through 1.401(a)(9)-9; provided,
that for individuals who attain seventy and one-half (70 1/2) years
of age after December 31, 2019, but before January 1, 2023, such
distributions shall take into account that "age 70 1/2" was stricken
and "age 72" was inserted in Sections 401(a)(9)(B)(iv)(I),
401(a)(9)(C)(i)(I) and 401(a)(9)(C)(ii)(I) of the Internal Revenue
Code of 1986, as amended, and, provided further, that for
individuals who attain seventy-two (72) years of age after December
31, 2022, such distributions shall take into account that "age 72"
was stricken and "the applicable age", as defined in Section
401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended,
was inserted in Section 401(a)(9)(B)(iv)(I) of the Internal Revenue
Code of 1986, as amended (applicable to calendar year 2023), Section
401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the Internal
Revenue Code of 1986, as amended, and that the further revision of
Section 401(a)(9)(B)(iv) of the Internal Revenue Code of 1986, as
Oklahoma Statutes - Title 47. Motor Vehicles
amended, effective for calendar years after 2023 with respect to
certain distributions shall be taken into account, in all cases
notwithstanding any provision of the System to the contrary. With
respect to distributions under the System made for calendar years
beginning on or after January 1, 2001, through December 31, 2004,
the System shall apply the minimum distribution requirements and
incidental benefit requirements of Section 401(a)(9) of the Internal
Revenue Code of 1986, as amended, in accordance with the regulations
under Section 401(a)(9) of the Internal Revenue Code of 1986, as
amended, which were proposed in January 2001, notwithstanding any
provision of the System to the contrary.
Effective July 1, 1989, notwithstanding any other provision
contained herein to the contrary, in no event shall commencement of
distribution of the accrued retirement benefit of a member be
delayed beyond April 1 of the calendar year following the later of:
(1) the calendar year in which the member reaches seventy and onehalf (70 1/2) years of age for a member who attains this age before
January 1, 2020, or, for a member who attains this age on or after
January 1, 2020, but before January 1, 2023, the calendar year in
which the member reaches seventy-two (72) years of age, or effective
for distributions required to be made after December 31, 2022, the
calendar year in which the member reaches seventy-three (73) years
of age for an individual who attains age seventy-two (72) after
December 31, 2022, or "the applicable age", as defined in Section
401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended, if
later; or (2) the actual retirement date of the member. A member
electing to defer the commencement of retirement benefits pursuant
to Section 2-308.1 of this title may not defer the benefit
commencement beyond the age of sixty-five (65).
Effective September 8, 2009, notwithstanding anything to the
contrary of the System, the System, which as a governmental plan
(within the meaning of Section 414(d) of the Internal Revenue Code
of 1986, as amended), is treated as having complied with Section
401(a)(9) of the Internal Revenue Code of 1986, as amended, for all
years to which Section 401(a)(9) of the Internal Revenue Code of
1986, as amended, applies to the System if the System complies with
a reasonable and good faith interpretation of Section 401(a)(9) of
the Internal Revenue Code of 1986, as amended.
A member who was required to join the System effective July 1,
1980, because of the transfer of the employing agency from the
Oklahoma Public Employees Retirement System to the System, and was
not a member of the Oklahoma Public Employees Retirement System on
the date of such transfer shall be allowed to receive credit for
prior law enforcement service rendered to this state, if the member
is not receiving or eligible to receive retirement credit or
benefits for such service in any other public retirement system,
upon payment to the System of the employee contribution the member
Oklahoma Statutes - Title 47. Motor Vehicles
would have been subject to had the member been a member of the
System at the time, plus five percent (5%) interest. Service credit
received pursuant to this paragraph shall be used in determining the
member's retirement benefit, and shall be used in determining years
of service for retirement or vesting purposes;
9. "Actual paid base salary" means the salary received by a
member, excluding payment for any accumulated leave or uniform
allowance. Salary shall include any amount of nonelective salary
reduction under Section 414(h) of the Internal Revenue Code of 1986;
10. "Final average salary" means the average of the highest
thirty (30) consecutive complete months of actual paid gross salary.
Gross salary shall include any amount of elective salary reduction
under Section 457 of the Internal Revenue Code of 1986, as amended,
and any amount of nonelective salary reduction under Section 414(h)
of the Internal Revenue Code of 1986, as amended. Effective July 1,
1992, gross salary shall include any amount of elective salary
reduction under Section 125 of the Internal Revenue Code of 1986, as
amended. Effective July 1, 1998, gross salary shall include any
amount of elective salary reduction not includable in the gross
income of the member under Section 132(f)(4) of the Internal Revenue
Code of 1986, as amended. Effective July 1, 1998, for purposes of
determining a member's compensation, any contribution by the member
to reduce his or her regular cash remuneration under Section
132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be
treated as if the member did not make such an election. Only salary
on which required contributions have been made may be used in
computing the final average salary. Gross salary shall not include
severance pay.
In addition to other applicable limitations, and notwithstanding
any other provision to the contrary, for plan years beginning on or
after July 1, 2002, the annual gross salary of each "Noneligible
Member" taken into account under the System shall not exceed the
Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA")
annual salary limit. The EGTRRA annual salary limit is Two Hundred
Thousand Dollars ($200,000.00), as adjusted by the Commissioner for
increases in the cost of living in accordance with Section
401(a)(17)(B) of the Internal Revenue Code of 1986, as amended. The
annual salary limit in effect for a calendar year applies to any
period, not exceeding twelve (12) months, over which salary is
determined ("determination period") beginning in such calendar year.
If a determination period consists of fewer than twelve (12) months,
the EGTRRA salary limit will be multiplied by a fraction, the
numerator of which is the number of months in the determination
period, and the denominator of which is twelve (12). For purposes
of this section, a "Noneligible Member" is any member who first
became a member during a plan year commencing on or after July 1,
1996.
Oklahoma Statutes - Title 47. Motor Vehicles
For plan years beginning on or after July 1, 2002, any reference
in the System to the annual salary limit under Section 401(a)(17) of
the Internal Revenue Code of 1986, as amended, shall mean the EGTRRA
salary limit set forth in this provision.
Effective January 1, 2008, gross salary for a plan year shall
also include gross salary, as described above, for services, but
paid by the later of two and one-half (2 1/2) months after a
member's severance from employment or the end of the calendar year
that includes the date the member terminated employment, if it is a
payment that, absent a severance from employment, would have been
paid to the member while the member continued in employment with the
employer.
Effective January 1, 2008, any payments not described above
shall not be considered gross salary if paid after severance from
employment, even if they are paid by the later of two and one-half
(2 1/2) months after the date of severance from employment or the
end of the calendar year that includes the date of severance from
employment, except payments to an individual who does not currently
perform services for the employer by reason of qualified military
service within the meaning of Section 414(u)(5) of the Internal
Revenue Code of 1986, as amended, to the extent these payments do
not exceed the amounts the individual would have received if the
individual had continued to perform services for the employer rather
than entering qualified military service.
Effective January 1, 2008, back pay, within the meaning of
Section 1.415(c)-2(g)(8) of the Income Tax Regulations, shall be
treated as gross salary for the limitation year to which the back
pay relates to the extent the back pay represents wages and
compensation that would otherwise be included in this definition.
Effective for years beginning after December 31, 2008, gross
salary shall also include differential wage payments under Section
414(u)(12) of the Internal Revenue Code of 1986, as amended;
11. "Credited service" means the period of service used to
determine the amount of benefits payable to a member. Credited
service shall consist of the period during which the member
participated in the System or the predecessor Plan as an active
employee in an eligible membership classification, plus any service
prior to the establishment of the predecessor Plan which was
credited under the predecessor Plan and for law enforcement officers
and criminalists of the Oklahoma State Bureau of Investigation and
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
who became members of the System on July 1, 1980, any service
credited under the Oklahoma Public Employees Retirement System as of
June 30, 1980, and for members of the Communications and Lake Patrol
Divisions of the Oklahoma Department of Public Safety, who became
members of the System on July 1, 1981, any service credited under
the predecessor Plan or the Oklahoma Public Employees Retirement
Oklahoma Statutes - Title 47. Motor Vehicles
System as of June 30, 1981, and for law enforcement officers of the
Alcoholic Beverage Laws Enforcement Commission who became members of
the System on July 1, 1982, any service credited under the Oklahoma
Public Employees Retirement System as of June 30, 1982, and for park
rangers of the Oklahoma Tourism and Recreation Department who became
members of the System on July 1, 1985, any service credited under
the Oklahoma Public Employees Retirement System as of June 30, 1985,
and for inspectors of the State Board of Pharmacy who became members
of the System on July 1, 1986, any service credited under the
Oklahoma Public Employees Retirement System as of June 30, 1986, for
law enforcement officers of the Oklahoma Capitol Patrol Division of
the Department of Public Safety who became members of the System
effective July 1, 1993, any service credited under the Oklahoma
Public Employees Retirement System as of June 30, 1993, and for all
commissioned officers in the Gunsmith/Ammunition Reloader Division
of the Department of Public Safety who became members of the System
effective July 1, 1994, any service credited under the Oklahoma
Public Employees Retirement System as of June 30, 1994, and for the
park managers or park supervisors of the Oklahoma Tourism and
Recreation Department who were employed in such a position prior to
July 1, 1985, and who elect to become members of the System
effective September 1, 1996, any service transferred pursuant to
subsection C of Section 2-309.6 of this title and any service
purchased pursuant to subsection B of Section 2-307.2 of this title.
Effective August 5, 1993, an authorized leave of absence shall
include a period of absence pursuant to the Family and Medical Leave
Act of 1993;
12. "Disability" means a physical or mental condition which, in
the judgment of the Board, totally and presumably permanently
prevents the member from engaging in the usual and customary duties
of the occupation of the member and thereafter prevents the member
from performing the duties of any occupation or service for which
the member is qualified by reason of training, education or
experience. A person is not under a disability when capable of
performing a service to the employer, regardless of occupation,
providing the salary of the employee is not diminished thereby;
13. "Limitation year" means the year used in applying the
limitations of Section 415 of the Internal Revenue Code of 1986,
which year shall be the calendar year;
14. "Line of duty" means any action which a member whose
primary function is crime control or reduction or enforcement of the
criminal law is obligated or authorized by rule, regulations,
condition of employment or service, or law to perform including
those social, ceremonial or athletic functions to which the member
is assigned, or for which the member is compensated, by the agency
the member serves;
Oklahoma Statutes - Title 47. Motor Vehicles
15. "Personal injury" or "injury" means any traumatic injury as
well as diseases which are caused by or result from such an injury,
but not occupational diseases;
16. "Catastrophic nature" means consequences of an injury that
permanently prevent an individual from performing any gainful work;
17. "Traumatic injury" means a wound or a condition of the body
caused by external force including injuries inflicted by bullets,
explosives, sharp instruments, blunt objects or other physical
blows, chemicals, electricity, climatic conditions, infectious
diseases, radiation and bacteria, but excluding stress and strain;
and
18. "Beneficiary" means the individual designated by the member
on a beneficiary designation form supplied by the Oklahoma Law
Enforcement Retirement System, or, if there is no designated
beneficiary or if the designated beneficiary predeceases the member,
the estate of the member. If the member's spouse is not designated
as the sole primary beneficiary, the member's spouse must sign a
consent.
Added by Laws 1980, c. 357, § 4, eff. July 1, 1980. Amended by Laws
1981, c. 227, § 1, operative July 1, 1981; Laws 1982, c. 328, § 1,
operative July 1, 1982; Laws 1985, c. 296, § 1, emerg. eff. July 24,
1985; Laws 1986, c. 253, § 1, operative July 1, 1986; Laws 1987, c.
236, § 160, emerg. eff. July 20, 1987; Laws 1988, c. 267, § 20,
operative July 1, 1988; Laws 1989, c. 209, § 1, eff. July 1, 1989;
Laws 1990, c. 337, § 8; Laws 1991, c. 323, § 4, emerg. eff. June 12,
1991; Laws 1992, c. 390, § 5, emerg. eff. June 9, 1992; Laws 1993,
c. 277, § 1, eff. July 1, 1993; Laws 1994, c. 44, § 1, eff. July 1,
1994; Laws 1995, c. 1, § 15, emerg. eff. March 2, 1995; Laws 1995,
c. 294, § 1, eff. July 1, 1995; Laws 1996, c. 60, § 1, eff. July 1,
1996; Laws 1999, c. 257, § 22, eff. July 1, 1999; Laws 2000, c. 377,
§ 5, eff. July 1, 2000; Laws 2001, c. 5, § 14, emerg. eff. March 21,
2001; Laws 2002, c. 399, § 1, eff. July 1, 2002; Laws 2003, c. 3, §
27, emerg. eff. March 19, 2003; Laws 2003, c. 406, § 3, eff. July 1,
2003; Laws 2004, c. 5, § 31, emerg. eff. March 1, 2004; Laws 2004,
c. 542, § 1, eff. July 1, 2004; Laws 2005, c. 142, § 1, emerg. eff.
May 5, 2005; Laws 2006, 2nd Ex. Sess., c. 46, § 18, eff. July 1,
2006; Laws 2007, c. 62, § 10, emerg. eff. April 30, 2007; Laws 2008,
c. 177, § 7, eff. July 1, 2008; Laws 2009, c. 169, § 7, emerg. eff.
May 11, 2009; Laws 2010, c. 437, § 8, emerg. eff. June 9, 2010; Laws
2011, c. 141, § 1, emerg. eff. April 29, 2011; Laws 2011, c. 262, §
9, eff. July 1, 2011; Laws 2015, c. 383, § 1, emerg. eff. June 4,
2015; Laws 2021, c. 59, § 1, emerg. eff. April 19, 2021; Laws 2023,
c. 151, § 8, emerg. eff. May 1, 2023; Laws 2024, c. 361, § 1, eff.
July 1, 2024; Laws 2025, c. 45, § 1, emerg. eff. May 7, 2025.
NOTE: Laws 1987, c. 231, § 6 repealed by Laws 1989, c. 136, § 3,
eff. Jan. 1, 1990, and by Laws 1990, c. 337, § 26. Laws 1989, c.
136, § 1 repealed by Laws 1990, c. 337, § 26. Laws 1993, c. 157, §
Oklahoma Statutes - Title 47. Motor Vehicles
1 repealed by Laws 1994, c. 2, § 34, emerg. eff. March 2, 1994.
Laws 1994, c. 2, § 13 repealed by Laws 1995, c. 1, § 40, emerg. eff.
March 2, 1995. Laws 2000, c. 287, § 13 repealed by Laws 2001, c. 5,
§ 15, emerg. eff. March 21, 2001. Laws 2002, c. 238, § 1 repealed
by Laws 2003, c. 3, § 28, emerg. eff. March 19, 2003. Laws 2003, c.
456, § 1 repealed by Laws 2004, c. 5, § 32, emerg. eff. March 1,
2004.
§47-2-301. Establishment - Law Enforcement Retirement Fund Retirement Medical Benefit Fund - Right to benefits.
There is hereby established a System for the payment of
retirement benefits and certain medical and hospital expenses of
members of the Oklahoma Law Enforcement Retirement System.
Effective July 1, 2014, the System intends to satisfy Section 401(a)
of the Internal Revenue Code of 1986, as amended from time to time,
by meeting the requirements of Section 414(d) of the Internal
Revenue Code of 1986, as amended from time to time. Such System
shall constitute an amendment and continuation of the Retirement and
Pension Plan of the Department of Public Safety and members in the
Retirement and Pension Plan on June 30, 1980, shall continue as
members of the Oklahoma Law Enforcement Retirement System. There is
established in the State Treasury a special fund designated as the
"Oklahoma Law Enforcement Retirement Fund" for the benefit of
members of the System and certain dependents of deceased members of
the System. Such fund shall be a continuation, under a new name, of
the Retirement and Pension Fund of the Department of Public Safety.
There is hereby created the Retirement Medical Benefit Fund.
The fund shall be maintained as a subaccount of the Oklahoma Law
Enforcement Retirement Fund. The Retirement Medical Benefit Fund is
composed of all assets which may be contributed to this subaccount
to pay the retirement system's portion of the monthly retiree health
insurance premium benefit described by Section 1316.2 of Title 74 of
the Oklahoma Statutes. Such monthly retiree health insurance
premium benefit is in addition to, and subordinate to, the
retirement benefits provided by this System. All such allocated
assets and any earnings thereon in the Retirement Medical Benefit
Fund shall be held for the exclusive purpose of providing retiree
medical benefits. The Retirement Medical Benefit Fund is to be
administered in accordance with the requirements of Section 401(h)
of the Internal Revenue Code of 1986, as amended from time to time.
It shall be impossible, at any time prior to the satisfaction of all
liabilities for these benefits, for any part of this subaccount to
be used for or diverted to, any purpose other than the providing of
the retiree health insurance premium benefit and the payment of
necessary and appropriate related expenses. Notwithstanding the
provisions of Section 401(a)(2) of the Internal Revenue Code of
1986, as amended from time to time, effective July 1, 2014, upon the
Oklahoma Statutes - Title 47. Motor Vehicles
satisfaction of all liabilities under the Oklahoma Law Enforcement
Retirement System to provide Section 401(h) medical benefits, any
amount remaining in such separate subaccount must be returned to the
employer. Effective July 1, 2014, in the event an individual's
interest in the medical benefits subaccount is forfeited prior to
the termination of the Oklahoma Law Enforcement Retirement System,
an amount equal to the amount of the forfeiture must be applied as
soon as possible to reduce employer contributions to fund the
medical benefits described in Section 401(h). The Board of Trustees
may promulgate such rules as are necessary to implement the funding
and administration of the fund pursuant to the provisions of this
subsection. All contributions to fund the retiree health insurance
benefit shall be made on the basis of a generally accepted actuarial
method. Notwithstanding anything contained herein to the contrary,
the aggregate of contributions to provide retiree health insurance
benefits and life insurance, if any, shall not exceed twenty-five
percent (25%) of the aggregate contributions made to fund all
benefits under this System, other than contributions to fund past
service costs. For this purpose, "life insurance" means, as to any
member, the in-service death benefit that would be payable upon the
member's death, but only to the extent that the lump-sum value of
such death benefit would exceed the lump-sum value of the member's
accrued benefit at the date of the member's death.
Appointment to any position within a covered agency which comes
under this System shall not jeopardize the rights of any person who
has previously qualified for membership under this System, provided
that the individual contributions are continued, and such person
remains a member of this System. Any person who has previously
qualified for membership under the System who voluntarily seeks and
accepts appointment to any position within a covered agency which is
not a covered position excludes the member from further
participation in this System; provided, this provision shall not
apply to any person who is a member of the System and who, on or
before June 30, 2002, has already accepted appointment to a position
which is not a covered position of the System nor shall it apply if
that person seeks and accepts any other position within a covered
agency which is not a covered position of the System.
Added by Laws 1961, p. 330, § 2-301, eff. Sept. 1, 1961. Amended by
Laws 1967, c. 56, § 1, emerg. eff. April 14, 1967; Laws 1980, c.
357, § 3, eff. July 1, 1980; Laws 1981, c. 227, § 2, operative July
1, 1981; Laws 1982, c. 328, § 2, operative July 1, 1982; Laws 1988,
c. 267, § 21, operative July 1, 1988; Laws 1992, c. 376, § 4, eff.
July 1, 1992; Laws 1996, c. 55, § 2, eff. July 1, 1996; Laws 2002,
c. 399, § 2, eff. July 1, 2002; Laws 2003, c. 3, § 29, emerg. eff.
March 19, 2003; Laws 2015, c. 171, § 1, emerg. eff. April 27, 2015.
NOTE: Laws 2002, c. 238, § 2 repealed by Laws 2003, c. 3, § 30,
emerg. eff. March 19, 2003.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-2-301.1. Termination or partial termination of System.
(1) In the event the System is terminated or partially
terminated the right of all participants or in the event of partial
termination the rights of the affected participants, whether retired
or otherwise, shall become fully vested.
(2) In the event of termination of the System, the Board shall
distribute the net assets of the fund, allowing a period of not less
than six (6) nor more than nine (9) months for dissolution of
disability claims, as follows:
(a) First, accumulated contributions shall be
allocated to each respective participant, former participant,
retired member joint annuitant or beneficiary then receiving
payments. If these assets are insufficient for this purpose, they
shall be allocated to each such person in the proportion which his
accumulated contributions bear to the total of all such
participants' accumulated contributions. For purposes of this
section, contribution means payment into the System by an employer
or employee for the benefit of an individual employee.
(b) The balance of such assets, if any, remaining
after making the allocations provided in subparagraph (a) of this
section shall be disposed of by allocating to each person then
having an interest in the fund the excess of his retirement income
under the System less the retirement income which is equal to the
actuarial equivalent of the amount allocated to him under
subparagraph (a) of this section. Such allocation shall be made
with the full amount of the remaining assets to be allocated to the
persons in each group in the following order of precedence:
(i) those retired members, joint annuitants or
beneficiaries receiving benefits,
(ii) those members eligible to retire,
(iii) those members eligible for early retirement,
(iv) former participants electing to receive a
vested benefit, and
(v) all other members.
In the event the balance of the fund remaining after all
allocations have been made with respect to all retirement income in
a preceding group is insufficient to allocate the full actuarial
equivalent of such retirement income to all persons in the group for
which it is then being applied, such balance of the fund shall be
allocated to each person in such group in the proportion which the
actuarial equivalent of the retirement income allocable to him
pursuant to such group bears to the total actuarial equivalent of
the retirement income so allocable to all persons in such group.
Provided no discrimination in value results, the Board shall
distribute the amounts so allocated in one of the following manners
as the Board in their discretion may determine:
Oklahoma Statutes - Title 47. Motor Vehicles
(i)
by continuing payment of benefits as they become
due, or
(ii) by paying, in cash, the amount allocated to any
such person.
Laws 1978, c. 310, § 1, emerg. eff. May 11, 1978; Laws 1980, c. 357,
§ 5, eff. July 1, 1980.
§47-2-302. Application for membership - Assistant Commissioner as
member of System - Make-up contributions by certain employees.
A. Any person eligible to become a member of the System shall
file a written application therefor with the Board, and shall
continue thereafter as a member of the System so long as the
employee meets membership requirements. For the purposes of
computing contributions, employee contributions, pensions and
annuities, the Assistant Commissioner of the Department of Public
Safety shall be classified and categorized as a member of the
System.
B. The Board may, after a hearing held for such purpose, allow
employees of the Department of Public Safety who were hired by the
Department after September 30, 1939, and prior to July 1, 1981, to
pay to the System an amount equal to what the employee would have
paid to the System if the employee had been enrolled in the System
from the time of first employment. The Board shall determine any
interest due on the amount paid pursuant to this subsection. Any
payments allowed pursuant to this subsection shall be made prior to
January 1, 1982.
Laws 1961, p. 331, § 2-302; Laws 1975, c. 365, § 1, operative July
1, 1975; Laws 1980, c. 357, § 6, eff. July 1, 1980; Laws 1981, c.
227, § 3, operative July 1, 1981.
§47-2-303. Law Enforcement Retirement Board.
A. There shall be an "Oklahoma Law Enforcement Retirement
Board" to administer the fund of the System. The Board shall be
composed of the Commissioner of Public Safety or his designee, the
Director of the Office of Management and Enterprise Services or his
designee, three members to be appointed by the Governor one of whom
shall be a retired member of the System, one member to be appointed
by the Speaker of the House of Representatives, one member to be
appointed by the President Pro Tempore of the Senate, two members of
the Highway Patrol Division and one member of the Communication
Division of the Department of Public Safety, one member of the
Oklahoma State Bureau of Investigation, one member of the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control and one member
of the Alcoholic Beverage Laws Enforcement Commission, elected by
and from the membership of the System. The terms of elected members
of the Board now serving shall expire on June 30, 1980. The present
Board shall conduct an election for the selection of elected members
Oklahoma Statutes - Title 47. Motor Vehicles
of the Board, prior to the operative date of this act. One member
of the Oklahoma Highway Patrol and the member of the Oklahoma State
Bureau of Investigation, initially elected, shall serve through June
30, 1982, the member of the Oklahoma Alcoholic Beverage Control
Board, initially elected, shall serve through June 30, 1984, and the
remaining elected members shall serve through June 30, 1983.
Members subsequently elected shall serve for terms of three (3)
years.
B. 1. The initial term of office of the member appointed to
the Board by the Speaker of the House of Representatives and the
member appointed to the Board by the President Pro Tempore of the
Senate shall expire on January 3, 1989. The members thereafter
appointed by the Speaker of the House of Representatives and by the
President Pro Tempore of the Senate shall serve terms of office of
four (4) years.
2. The member appointed by the Governor serving on the Board on
the operative date of this act shall serve the remainder of the
unexpired term of the member. The member appointed by the Governor
to fill that position after the expiration of the term of office of
the member serving on the operative date of this act shall serve
through January 13, 1991. The members thereafter appointed by the
Governor shall serve a term of office of four (4) years which is
coterminous with the term of office of the office of the appointing
authority.
3. The initial term of office of the two additional
appointments to the Board by the Governor shall expire on January
14, 1991. The members thereafter appointed by the Governor shall
serve terms of office of four (4) years which are coterminous with
the term of office of the office of the appointing authority.
4. Vacancies shall be filled for the unexpired term of office
in the same manner as the original appointment was made.
C. The members appointed to the Board by the Speaker of the
House of Representatives, by the President Pro Tempore of the Senate
and by the Governor or a member who is a designee of an ex officio
member of the Board shall:
1. Have demonstrated professional experience in investment or
funds management, public funds management, public or private pension
fund management or retirement system management; or
2. Have demonstrated experience in the banking profession and
have demonstrated professional experience in investment or funds
management; or
3. Be licensed to practice law in this state and have
demonstrated professional experience in commercial matters; or
4. Be licensed by the Oklahoma Accountancy Board to practice in
this state as a public accountant or a certified public accountant.
The appointing authorities, in making appointments that conform
to the requirements of this subsection, shall give due consideration
Oklahoma Statutes - Title 47. Motor Vehicles
to balancing the appointments among the criteria specified in
paragraphs 1 through 4 of this subsection.
D. No member of the Board shall be a lobbyist registered in
this state as provided by law.
E. Notwithstanding any of the provisions of this section to the
contrary, any person serving as an appointed member of the Board on
the operative date of this act shall be eligible for reappointment
when the term of office of the member expires.
F. Every two (2) years, one of the members of the Board shall
be selected by the Board as president and another member as
secretary of the Board.
G. Any member of the Board elected by the membership of the
System may be recalled for cause at a special election held for that
purpose by the members of the System. Such an election shall be
called and held by the president and secretary of the Board upon a
written request therefor signed by not less than one-third (1/3) of
the members of the System and shall be held pursuant to notice given
to all members of the System stating the date for such election
which shall not be less than ten (10) days from the date of the
issuance of such notice. All members of the System shall be
entitled to vote by secret ballot and, if two-thirds (2/3) or more
of the membership of the System vote for his recall, the elected
member of the Board designated in such request, notice and secret
ballot shall cease to be a member of the Board and the president and
secretary of the Board shall call and hold a special election by the
members of the System to fill the remainder of the term of the
member so recalled.
H. The Oklahoma Law Enforcement Retirement System shall retain
an Executive Director and shall establish the Executive Director's
compensation. The Executive Director shall be the managing and
administrative officer of the System and as such shall have charge
of the office, records and supervision and direction of the
employees of the System. The Executive Director shall be
responsible for the overall operations and to perform duties
specified in Section 2-300 of this title and as specified by the
Board. The Executive Director shall be subject to the policy
directions of the Board and may employ such persons as are deemed
necessary to administer the System.
Added by Laws 1961, p. 331, § 2-303, eff. Sept. 1, 1961. Amended by
Laws 1975, c. 365, § 2, operative July 1, 1975; Laws 1979, c. 241, §
4, operative July 1, 1979; Laws 1980, c. 357, § 7, eff. July 1,
1980; Laws 1982, c. 328, § 3, operative July 1, 1982; Laws 1986, c.
11, § 1, eff. July 1, 1986; Laws 1987, c. 236, § 161, emerg. eff.
July 20, 1987; Laws 1988, c. 321, § 20, operative July 1, 1988; Laws
1995, c. 294, § 2, eff. July 1, 1995; Laws 2009, c. 169, § 8, emerg.
eff. May 11, 2009; Laws 2012, c. 304, § 171.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-2-303.1. Duties of board - Investments - Liability insurance Investment managers - Custodial services - Reports - Legal services
- Confidentiality.
A. The Oklahoma Law Enforcement Retirement Board shall
discharge its duties with respect to the System solely in the
interest of the participants and beneficiaries and:
1. For the exclusive purpose of:
a.
providing benefits to participants and their
beneficiaries, and
b.
defraying reasonable expenses of administering the
System;
2. With the care, skill, prudence, and diligence under the
circumstances then prevailing that a prudent person acting in a like
capacity and familiar with such matters would use in the conduct of
an enterprise of a like character and with like aims;
3. By diversifying the investments of the System so as to
minimize the risk of large losses, unless under the circumstances it
is clearly prudent not to do so; and
4. In accordance with the laws, documents and instruments
governing the System.
B. The Board may procure insurance indemnifying the members of
the Board from personal loss or accountability from liability
resulting from a member's action or inaction as a member of the
Board.
C. The Board may establish an investment committee. The
investment committee shall be composed of not more than five (5)
members of the Board appointed by the president of the Board. The
committee shall make recommendations to the full Board on all
matters related to the choice of custodians and managers of the
assets of the System, on the establishment of investment and fund
management guidelines, and in planning future investment policy.
The committee shall have no authority to act on behalf of the Board
in any circumstances whatsoever. No recommendation of the committee
shall have effect as an action of the Board nor take effect without
the approval of the Board as provided by law.
D. The Board shall retain qualified investment managers to
provide for the investment of the monies of the System. The
investment managers shall be chosen by a solicitation of proposals
on a competitive bid basis pursuant to standards set by the Board.
Subject to the overall investment guidelines set by the Board, the
investment managers shall have full discretion in the management of
those monies of the System allocated to the investment managers.
The Board shall manage those monies not specifically allocated to
the investment managers. The monies of the System allocated to the
investment managers shall be actively managed by the investment
managers, which may include selling investments and realizing losses
if such action is considered advantageous to longer term return
Oklahoma Statutes - Title 47. Motor Vehicles
maximization. Because of the total return objective, no distinction
shall be made for management and performance evaluation purposes
between realized and unrealized capital gains and losses.
E. All assets of the System shall be held in trust for the
exclusive purpose of providing benefits for the members and
beneficiaries of the System, including defraying reasonable expenses
of administering the System, and shall not be encumbered for or
diverted to any other purposes. Funds and revenues for investment
by the investment managers or the Board shall be placed with a
custodian selected by the Board. The custodian shall be a bank or
trust company offering pension fund master trustee and master
custodial services, and any related custodial agreement or trust
agreement is incorporated herein by reference. The custodian shall
be chosen by a solicitation of proposals on a competitive bid basis
pursuant to standards set by the Board. In compliance with the
investment policy guidelines of the Board, the custodian bank or
trust company shall be contractually responsible for ensuring that
all monies of the System are invested in income-producing investment
vehicles at all times. If a custodian bank or trust company has not
received direction from the investment managers of the System as to
the investment of the monies of the System in specific investment
vehicles, the custodian bank or trust company shall be contractually
responsible to the Board for investing the monies in appropriately
collateralized short-term interest-bearing investment vehicles. Any
assets of the System may be invested in a collective investment fund
or in a group trust provided the investment in such collective
investment fund or group trust is in compliance with the provisions
of Rev. Rul. 81-100, as further amended by Rev. Rul. 2004-67, Rev.
Rul. 2008-40, and Rev. Rul. 2011-1, or any successor ruling,
regulation, or similar pronouncement. Each such collective
investment fund or group trust is adopted with respect to any monies
invested therein, as part of the System, its trust and custodial
agreement, and the provisions of such trust agreement or such
declaration of trust and related adoption, participation, investment
management, subtrust or other agreements, as amended from time to
time, with respect to any monies invested therein, are incorporated
by reference into the System, its trust agreement(s) or custodial
agreement(s), upon approval by the Board.
F. Prior to August 1 of each year, the Board shall develop a
written investment plan for the System.
G. The Board shall compile a quarterly financial report of all
the funds of the System on a fiscal year basis. The report shall be
compiled pursuant to uniform reporting standards prescribed by the
Oklahoma State Pension Commission for all state retirement systems.
The report shall include several relevant measures of investment
value, including acquisition cost and current fair market value with
appropriate summaries of total holdings and returns. The report
Oklahoma Statutes - Title 47. Motor Vehicles
shall contain combined and individual rate of returns of the
investment managers by category of investment, over periods of time.
The Board shall include in the quarterly reports all commissions,
fees or payments for investment services performed on behalf of the
Board. The report shall be distributed to the Governor, the
Oklahoma State Pension Commission, the Legislative Service Bureau,
the Speaker of the House of Representatives and the President Pro
Tempore of the Senate.
H. After July 1 and before October 31 of each year, the Board
shall publish widely an annual report presented in simple and easily
understood language pursuant to uniform reporting standards
prescribed by the Oklahoma State Pension Commission for all state
retirement systems. The report shall be submitted to the Governor,
the Speaker of the House of Representatives, the President Pro
Tempore of the Senate, the Oklahoma State Pension Commission and the
members of the System. The annual report shall cover the operation
of the System during the past fiscal year, including income,
disbursements, and the financial condition of the System at the end
of the fiscal year. The annual report shall also contain the
information issued in the quarterly reports required pursuant to
subsection G of this section as well as a summary of the results of
the most recent actuarial valuation to include total assets, total
liabilities, unfunded liability or over funded status, contributions
and any other information deemed relevant by the Board. The annual
report shall be written in such a manner as to permit a readily
understandable means for analyzing the financial condition and
performance of the System for the fiscal year. The annual financial
statements must be audited and filed in accordance with the
requirements set forth for financial statement audits in Section
212A of Title 74 of the Oklahoma Statutes.
I. The Board may retain an attorney licensed to practice law in
this state. The attorney shall serve at the pleasure of the Board
for such compensation as set by the Board. The Attorney General
shall furnish such legal services as may be requested by the Board.
J. All information, documents and copies thereof contained in a
member's retirement file shall be given confidential treatment and
shall not be made public by the System without the prior written
consent of the member to which it pertains, but shall be subject
only to court order. Provided, the System, its employees or
attorneys, may use such records in defense of any action brought
against the System.
K. Effective July 1, 1999, the Board is hereby authorized to do
all acts and things necessary and proper to carry out the purpose of
the System and to make the least costly amendments and changes, if
any, as may be necessary to qualify the System under the applicable
sections of the Internal Revenue Code of 1986, as amended.
Oklahoma Statutes - Title 47. Motor Vehicles
L. The Executive Director and such employees of the System as
the Executive Director may designate are hereby authorized to
prepare certified copies of records of the System and every such
certified copy shall be admissible in any proceeding in any court in
like manner as the original thereof.
M. On or after July 1, 2011, the Board may permit, effective
for applicable notices, elections and consents provided or made for
a member, beneficiary, alternate payee or individual entitled to
benefits under the System, the use of electronic media to provide
applicable notices and make such elections and consents as described
in Section 1.401(a)-21 of the Income Tax Regulations.
N. The Board shall develop such procedures and may require such
information from the distributing plan as it deems necessary to
reasonably conclude that a potential rollover contribution is a
valid rollover contribution under Section 1.401(a)(31)-1, Q&A14(b)(2), of the Income Tax Regulations.
Added by Laws 1988, c. 321, § 21, operative July 1, 1988. Amended
by Laws 1992, c. 354, § 3; Laws 1995, c. 81, § 5, eff. July 1, 1995;
Laws 1996, c. 290, § 4, eff. July 1, 1996; Laws 2000, c. 377, § 6,
eff. July 1, 2000; Laws 2001, c. 5, § 16, emerg. eff. March 21,
2001; Laws 2002, c. 391, § 6, eff. July 1, 2002; Laws 2003, c. 3, §
31, emerg. eff. March 19, 2003; Laws 2004, c. 536, § 14, eff. July
1, 2004; Laws 2005, c. 142, § 2, emerg. eff. May 5, 2005; Laws 2011,
c. 379, § 5, eff. Sept. 1, 2011; Laws 2012, c. 52, § 1, emerg. eff.
April 16, 2012; Laws 2013, c. 119, § 1, eff. Nov. 1, 2013; Laws
2015, c. 171, § 2, emerg. eff. April 27, 2015.
NOTE: Laws 2000, c. 287, § 14 repealed by Laws 2001, c. 5, § 17,
emerg. eff. March 21, 2001. Laws 2002, c. 399, § 3 repealed by Laws
2003, c. 3, § 32, emerg. eff. March 19, 2003.
§47-2-303.2. Duties of fiduciaries.
A. A fiduciary with respect to the Oklahoma Law Enforcement
Retirement System shall not cause the System to engage in a
transaction if the fiduciary knows or should know that such
transaction constitutes a direct or indirect:
1. sale or exchange, or leasing of any property from the System
to a party in interest for less than adequate consideration or from
a party in interest to the System for more than adequate
consideration;
2. lending of money or other extension of credit from the
System to a party in interest without the receipt of adequate
security and a reasonable rate of interest, or from a party in
interest to the System with provision of excessive security or an
unreasonably high rate of interest;
3. furnishing of goods, services or facilities from the System
to a party in interest for less than adequate consideration, or from
Oklahoma Statutes - Title 47. Motor Vehicles
a party in interest to the System for more than adequate
consideration; or
4. transfer to, or use by or for the benefit of, a party in
interest of any assets of the System for less than adequate
consideration.
B. A fiduciary with respect to the Oklahoma Law Enforcement
Retirement System shall not:
1. deal with the assets of the System in the fiduciary's own
interest or for the fiduciary's own account;
2. in the fiduciary's individual or any other capacity act in
any transaction involving the System on behalf of a party whose
interests are adverse to the interests of the System or the
interests of its participants or beneficiaries; or
3. receive any consideration for the fiduciary's own personal
account from any party dealing with the System in connection with a
transaction involving the assets of the System.
C. A fiduciary with respect to the Oklahoma Law Enforcement
Retirement System may:
1. invest all or part of the assets of the System in deposits
which bear a reasonable interest rate in a bank or similar financial
institution supervised by the United States or a state, if such bank
or other institution is a fiduciary of such plan; or
2. provide any ancillary service by a bank or similar financial
institution supervised by the United States or a state, if such bank
or other institution is a fiduciary of such plan.
D. A person or a financial institution is a fiduciary with
respect to the Oklahoma Law Enforcement Retirement System to the
extent that the person or the financial institution:
1. exercises any discretionary authority or discretionary
control respecting management of the Oklahoma Law Enforcement
Retirement System or exercises any authority or controlrespecting
management or disposition of the assets of the System;
2. renders investment advice for a fee or other compensation,
direct or indirect, with respect to any monies or other property of
the System, or has any authority or responsibility to do so; or
3. has any discretionary authority or discretionary
responsibility in the administration of the System.
Added by Laws 1988, c. 321, § 22, operative July 1, 1988.
§47-2-303.3. Certain benefits exempt from legal process.
A. Except as otherwise provided by this section, any annuity,
benefits, fund, property, or rights created by or accruing to any
person pursuant to the provisions of Sections 2-300 through 2-313 of
this title shall not be subject to execution, garnishment or
attachment, and shall be unassignable, except as specifically
provided by Sections 2-300 through 2-313 of this title.
Notwithstanding the foregoing, effective August 5, 1997, the Board
Oklahoma Statutes - Title 47. Motor Vehicles
may approve any offset of a member’s benefit to pay a judgment or
settlement against the member for a crime involving the System or
for a breach of the member’s fiduciary duty to the System, provided
such offset is in accordance with the requirements of Section
401(a)(13) of the Internal Revenue Code of 1986, as amended.
B. 1. The provisions of subsection A of this section shall not
apply to a qualified domestic order as provided pursuant to this
subsection.
2. The term “qualified domestic order” means an order issued by
a district court of this state pursuant to the domestic relation
laws of the State of Oklahoma which relates to the provision of
marital property rights to a spouse or former spouse of a member or
provision of support for a minor child or children and which creates
or recognizes the existence of the right of an alternate payee, or
assigns to an alternate payee the right, to receive a portion of the
benefits payable with respect to a member of the System.
3. For purposes of the payment of marital property, to qualify
as an alternate payee, a spouse or former spouse must have been
married to the related member for a period of not less than thirty
(30) continuous months immediately preceding the commencement of the
proceedings from which the qualified domestic order issues.
4. A qualified domestic order is valid and binding on the Board
and the related member only if it meets the requirements of this
subsection.
5. A qualified domestic order shall clearly specify:
a.
the name and last-known mailing address (if any) of
the member and the name and mailing address of the
alternate payee covered by the order,
b.
the amount or percentage of the member's benefits to
be paid by the System to the alternate payee,
c.
the number of payments or period to which such order
applies,
d.
the characterization of the benefit as to marital
property rights or child support, and
e.
each plan to which such order applies.
6. A qualified domestic order meets the requirements of this
subsection only if such order:
a.
does not require the System to provide any type or
form of benefit, or any option not otherwise provided
under state law as relates to the System,
b.
does not require the System to provide increased
benefits, and
c.
does not require the payment of benefits to an
alternate payee which are required to be paid to
another alternate payee pursuant to another order
previously determined to be a qualified domestic order
Oklahoma Statutes - Title 47. Motor Vehicles
or an order recognized by the System as a valid order
prior to the effective date of this act.
7. A qualified domestic order shall not require payment of
benefits to an alternate payee prior to the actual retirement date
of the related member.
8. The alternate payee shall have a right to receive benefits
payable to a member of the System under the Oklahoma Law Enforcement
Deferred Option Plan provided for pursuant to Section 2-305.2 of
this title, but only to the extent such benefits have been credited
or paid into the member’s Oklahoma Law Enforcement Deferred Option
Plan account during the term of the marriage.
9. The obligation of the System to pay an alternate payee
pursuant to a qualified domestic order shall cease upon the death of
the related member.
10. This subsection shall not be subject to the provisions of
the Employee Retirement Income Security Act of 1974 (ERISA), 29
U.S.C.A. Section 1001, et seq., as amended from time to time, or
rules and regulations promulgated thereunder, and court cases
interpreting said act.
11. The Oklahoma Law Enforcement Retirement Board shall
promulgate such rules as are necessary to implement the provisions
of this subsection.
12. An alternate payee who has acquired beneficiary rights
pursuant to a valid qualified domestic order must fully comply with
all provisions of the rules promulgated by the Board pursuant to
this subsection in order to continue receiving his or her benefit.
Added by Laws 1985, c. 296, § 2, emerg. eff. July 24, 1985. Amended
by Laws 1989, c. 249, § 42, eff. Jan. 1, 1989; Laws 1993, c. 322, §
12, emerg. eff. June 7, 1993; Laws 1998, c. 198, § 7, eff. Nov. 1,
1998; Laws 1999, c. 257, § 23, eff. July 1, 1999; Laws 2000, c. 287,
§ 15, eff. July 1, 2000; Laws 2008, c. 177, § 8, eff. July 1, 2008.
§47-2-303.4. Deposits of contributions and dedicated revenues Warrants and vouchers.
A. All employee and employer contributions and dedicated
revenues shall be deposited in the Oklahoma Law Enforcement
Retirement Fund in the State Treasury. The Board shallhave the
responsibility for the management of the Oklahoma Law Enforcement
Retirement Fund, and may transfer monies used for investment
purposes by the Oklahoma Law Enforcement Retirement System from the
Oklahoma Law Enforcement Retirement Fund in the State Treasury to
the custodian bank or trust company of the System.
B. All benefits payable pursuant to the provisions of the
Oklahoma Law Enforcement Retirement System, refunds of contribution
and overpayments, and all administrative expenses in connection with
the System shall be paid from the Oklahoma Law Enforcement
Retirement Fund upon warrants or vouchers signed by two persons
Oklahoma Statutes - Title 47. Motor Vehicles
designated by the Board. The Board may transfer monies from the
custodian bank or trust company of the System to the Oklahoma Law
Enforcement Retirement Fund in the State Treasury for the purposes
specified in this subsection.
Added by Laws 1988, c. 321, § 23, operative July 1, 1988.
§47-2-303.5. Acceptance of gifts or gratuities.
The members of the Oklahoma Law Enforcement Retirement Board,
the chief administrative officer and the employees of the System
shall not accept gifts or gratuities from an individual organization
with a value in excesss of Fifty Dollars ($50.00) per year. The
provisions of this section shall not be construed to prevent the
members of the Board, the chief administrative officer or the
employees of the System from attending educational seminars,
conferences, meetings or similar functions which are paid for,
directly or indirectly, by more than one organization.
Added by Laws 1988, c. 321, § 24, operative July 1, 1988.
§47-2-304. Contributions to fund - Amount - Deduction by employer Pick-up of member contributions.
A. Participating employers shall contribute to the fund an
amount equal to eleven percent (11%) of the actual paid base salary
of each member.
B. Each member of the System shall make contributions to the
fund in an amount equal to eight percent (8%) of the actual paid
base salary of the member.
Member contributions shall be deducted by each participating
employer for such benefits as the Board is by law authorized to
administer and shall be remitted monthly, or as the Board may
otherwise provide, for deposit in the fund.
C. Each employer shall pick up under the provisions of Section
414(h)(2) of the Internal Revenue Code of 1986 and pay the
contribution which the member is required by law to make to the
System for all compensation earned after December 31, 1989.
Although the contributions so picked up are designated as member
contributions, such contributions shall be treated as contributions
being paid by the employer in lieu of contributions by the member in
determining tax treatment under the Internal Revenue Code of 1986
and such picked up contributions shall not be includable in the
gross income of the member until such amounts are distributed or
made available to the member or the beneficiary of the member. The
member, by the terms of this System, shall not have any option to
choose to receive the contributions so picked up directly and the
picked up contributions must be paid by the employer to the System.
Member contributions which are picked up shall be treated in the
same manner and to the same extent as member contributions made
prior to the date on which member contributions were picked up by
Oklahoma Statutes - Title 47. Motor Vehicles
the participating employer. Member contributions so picked up shall
be included in gross salary for purposes of determining benefits and
contributions under the System.
The employer shall pay the member contributions from the same
source of funds used in paying salary to the member, by effecting an
equal cash reduction in gross salary of the member.
Added by Laws 1961, p. 331, § 2-304, eff. Sept. 1, 1961. Amended by
Laws 1972, c. 57, § 1, operative July 1, 1972; Laws 1975, c. 365, §
3, operative July 1, 1975; Laws 1980, c. 357, § 8, eff. July 1,
1980; Laws 1982, c. 328, § 4, operative July 1, 1982; Laws 1986, c.
253, § 2, operative July 1, 1986; Laws 1988, c. 321, § 25, operative
July 1, 1988; Laws 1989, c. 136, § 2, eff. Jan. 1, 1990; Laws 2012,
c. 307, § 1, eff. Nov. 1, 2012; Laws 2025, c. 45, § 2, emerg. eff.
May 7, 2025.
§47-2-304.1. Mobilization for state or national emergencies –
Reduction of employer contribution prohibited.
Members of the Oklahoma Law Enforcement Retirement System
responding to mobilization for state or national emergencies may not
have the employer contribution reduced during their period of
service in the Oklahoma National Guard or Reserve.
Added by Laws 2002, c. 332, § 1, eff. July 1, 2002.
§47-2-305. Retirement and retirement pay - Reemployment Disability benefits.
A. Except as otherwise provided in this title, at any time
after attaining normal retirement date, any member of the Oklahoma
Law Enforcement Retirement System upon application for unreduced
retirement benefits made and approved, may retire, and, during the
remainder of the member’s lifetime, receive annual retirement pay,
payable in equal monthly payments, equal to two and one-half percent
(2 1/2%) of the final average salary times years of credited
service. If such retired member is reemployed by a state agency in
a position which is not covered by the System, such retired member
shall continue to receive in-service distributions from the System.
Prior to September 19, 2002, if such retired member was reemployed
by a state agency in a position which is covered by the System, such
member shall continue to receive in-service distributions from the
System and shall not accrue any further credited service. If such a
member is reemployed by a state agency in a position which is
covered by the System on or after September 19, 2002, such member’s
monthly retirement payments shall be suspended until such member
retires and is not reemployed by a state agency in a position which
is covered by the System.
B. Beginning July 1, 1994, members who retired or were eligible
to retire prior to July 1, 1980, or their surviving spouses shall
receive annual retirement pay, payable in equal monthly payments,
Oklahoma Statutes - Title 47. Motor Vehicles
equal to the greater of their current retirement pay, or two and
one-half percent (2 1/2%) of the actual paid gross salary being
currently paid to a highway patrol officer, at the time each such
monthly retirement payment is made, multiplied by the retired
member’s years of credited service.
C. Except as otherwise provided by this subsection, members of
the System whose salary is set by statute who have retired after
completion of the mandatory twenty (20) years of service, and those
members with statutory salaries who retire after reaching the
mandatory twenty-year retirement shall receive an annual retirement
pay, payable in equal monthly installments, based upon the greater
of either:
1. The top base salary currently paid to the highest
nonsupervisory position in the participating agency at the time each
such monthly retirement payment is made, limited to the annual
salary limit of the Economic Growth and Tax Relief Reconciliation
Act of 2001, as described in paragraph 9 of Section 2-300 of this
title, multiplied by two and one-half percent (2 1/2%), multiplied
by the number of years of credited service and fraction thereof for
the following positions:
a.
Oklahoma Highway Patrolman,
b.
Communications Dispatcher,
c.
Capitol Patrolman,
d.
Lake Patrolman, and
e.
Oklahoma State Bureau of Investigation - Special Agent
or Criminalist; or
2. The member’s final average salary as set forth in paragraph
9 of Section 2-300 of this title, multiplied by two and one-half
percent (2 1/2%), and multiplied by the number of years of credited
service and fraction thereof.
No member of the System retired prior to July 1, 2002, shall
receive a benefit less than the amount the member is receiving as of
June 30, 2002.
The provisions of paragraph 1 of this subsection shall not be
applicable to any member whose first participating service with the
System occurs on or after November 1, 2012, except for those members
who died in the performance of their duties pursuant to Section 2306 of this title.
D. Other members of the System whose retirement benefit is not
otherwise prescribed by this section who have retired after
completion of the mandatory twenty (20) years of service, and those
members who retire after reaching the mandatory twenty-year
retirement shall receive an annual retirement pay, payable in equal
monthly payments, based upon the greater of either:
1. The actual average salary currently paid to the highest
nonsupervisory position in the participating agency at the time each
such monthly payment is made, limited to the annual salary limit of
Oklahoma Statutes - Title 47. Motor Vehicles
the Economic Growth and Tax Relief Reconciliation Act of 2001, as
described in paragraph 9 of Section 2-300 of this title, multiplied
by two and one-half percent (2 1/2%), multiplied by the number of
years of credited service and fraction thereof for the following
positions:
a.
Alcoholic Beverage Laws Enforcement Commission - ABLE
Commission Agent III,
b.
Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control - Narcotics Agent III,
c.
Oklahoma Tourism and Recreation Department - Park
Ranger II,
d.
State Board of Pharmacy - Pharmacy Inspector,
e.
University of Oklahoma - Police Officer, and
f.
Oklahoma State University - Police Officer; or
2. The other member’s final average salary as set forth in
paragraph 9 of Section 2-300 of this title, multiplied by two and
one-half percent (2 1/2%), multiplied by the number of years of
credited service and fraction thereof.
No member of the System retired prior to July 1, 2002, shall
receive a benefit less than the amount the member is receiving as of
June 30, 2002. The participating employer must certify to the
System in writing the actual average gross salary currently paid to
the highest nonsupervisory position. The Board of Trustees shall
promulgate such rules as are necessary to implement the provisions
of this section.
The provisions of paragraph 1 of this subsection shall not be
applicable to any member whose first participating service with the
System occurs on or after May 24, 2013, except for those members who
died in the performance of their duties pursuant to Section 2-306 of
this title.
E. A member who meets the definition of disability as defined
in paragraph 11 of Section 2-300 of this title by direct reason of
the performance of the member’s duties as an officer shall receive a
monthly benefit equal to:
1. Two and one-half percent (2 1/2%);
2. Multiplied by:
a.
twenty (20) years of credited service, if the member
had performed less than twenty (20) years of credited
service, notwithstanding the actual number of years of
credited service performed by the member prior to the
date of disability, or
b.
the actual number of years of credited service and
fraction thereof performed by the member prior to the
date of disability, if the member had performed twenty
(20) or more years of credited service;
Oklahoma Statutes - Title 47. Motor Vehicles
3. Multiplied by the greater of subparagraph a of this
paragraph and division 1 of subparagraph b of this paragraph or
division 2 of subparagraph b of this paragraph, as applicable:
a.
the final average salary of the member, as set forth
in paragraph 9 of Section 2-300 of this title, and
b.
(1) the top base salary currently paid to the highest
nonsupervisory position in the participating
agency of the member at the time each monthly
payment is made, limited to the annual salary
limit of the Economic Growth and Tax Relief
Reconciliation Act of 2001 described in paragraph
9 of Section 2-300 of this title, for the
following positions:
(a) Oklahoma Highway Patrolman,
(b) Communications Dispatcher,
(c) Capitol Patrolman,
(d) Lake Patrolman, and
(e) Oklahoma State Bureau of Investigation Special Agent or Criminalist,
Provided, the participating employer must certify to the System
in writing the top base salary currently paid to the highest
nonsupervisory position for division (1) of subparagraph b of this
paragraph, or
(2) the actual average salary currently paid to the
highest nonsupervisory position in the
participating agency of the member at the time
each monthly payment is made, limited to the
annual salary limit of the Economic Growth and
Tax Relief Reconciliation Act of 2001, described
in paragraph 9 of Section 2-300 of this title,
for the following positions:
(a) Alcoholic Beverage Laws Enforcement (ABLE)
Commission - ABLE Commission Agent III,
(b) Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control - Narcotics Agent
III,
(c) Oklahoma Tourism and Recreation Department Park Ranger II,
(d) State Board of Pharmacy - Pharmacy
Inspector,
(e) University of Oklahoma - Police Officer, and
(f) Oklahoma State University - Police Officer,
Provided, the participating employer must certify to the System
in writing the actual average gross salary currently paid to the
highest nonsupervisory position for division (2) of subparagraph b
of this paragraph;
Oklahoma Statutes - Title 47. Motor Vehicles
4. No member of the System receiving benefits prescribed by
this subsection who retired prior to July 1, 2002, shall receive a
benefit of less than the amount the member was receiving as of June
30, 2002;
5. The Board of Trustees shall promulgate rules as necessary to
implement the provisions of this subsection; and
6. If such member participates in the Oklahoma Law Enforcement
Deferred Option Plan pursuant to Section 2-305.2 of this title, then
such member’s disability pension provided pursuant to this
subsection shall be reduced to account for such member’s
participation in the Oklahoma Law Enforcement Deferred Option Plan.
F. A member who meets the definition of disability as defined
in paragraph 11 of Section 2-300 of this title and whose disability
is by means of personal and traumatic injury of a catastrophic
nature and in the line of duty, shall receive a monthly benefit
equal to:
1. Two and one-half percent (2 1/2%);
2. Multiplied by:
a.
twenty (20) years of service, regardless of the actual
number of years of credited service performed by the
member prior to the date of disability, if the member
had performed less than twenty (20) years of service,
or
b.
the actual number of years of service performed by the
member if the member had performed twenty (20) or more
years of service;
3. Multiplied by a final average salary equal to:
a.
the salary which the member would have received
pursuant to statutory salary schedules in effect upon
the date of the disability for twenty (20) years of
service prior to disability. The final average salary
for a member who performed less than twenty (20) years
of service prior to disability shall be computed
assuming that the member was paid the highest salary
allowable pursuant to the law in effect at the time of
the member’s disability based upon twenty (20) years
of service and with an assumption that the member was
eligible for any and all increases in pay based upon
rank during the entire period. If the salary of a
member is not prescribed by a specific salary schedule
upon the date of the member’s disability, the final
average salary for the member shall be computed by the
member’s actual final average salary or the highest
median salary amount for a member whose salary was
prescribed by a specific salary schedule upon the date
of the member’s disability, whichever final average
salary amount would be greater, or
Oklahoma Statutes - Title 47. Motor Vehicles
b.
the actual final average salary of the member if the
member had performed twenty (20) or more years of
service prior to disability.
If such member participates in the Oklahoma Law Enforcement
Deferred Option Plan pursuant to Section 2-305.2 of this title, such
member’s disability pension provided pursuant to this subsection
shall be adjusted as provided in Section 2-305.2 of this title to
account for such member’s participation in the Oklahoma Law
Enforcement Deferred Option Plan.
G. A member who meets the definition of disability as defined
in Section 2-300 of this title and whose disability occurred prior
to the member’s normal retirement date but after completing three
(3) years of vesting service and not by reason of the performance of
the member’s duties or as a result of the member’s willful
negligence shall receive a monthly benefit equal to two and one-half
percent (2 1/2%) of final average salary multiplied by the number of
years of the member’s credited service.
H. Payment of a disability pension shall commence as of the
first day of the month coinciding or next following the date of
retirement and shall continue as long as the member meets the
definition of total and permanent disability provided in this
section.
I. For the purpose of determining the member’s disability under
subsection E, F or G of this section, the member shall be required
by the Board to be examined by a minimum of two recognized
physicians selected by the Board to determine the extent of the
member’s injury or illness. The examining physicians shall furnish
the Board a detailed written report of the injury or illness of the
examined member establishing the extent of disability and the
possibilities of the disabled member being returned to his or her
regular duties or an alternate occupation or service covered by the
System after a normal recuperation period. The Board shall require
all retired disabled members who have not attained their normal
retirement date to submit to a physical examination once each year
for a minimum of three (3) years following retirement. The Board
shall select a minimum of two physicians to examine the retired
members and pay for their services from the fund. Any retired
disabled member found no longer disabled by the examining physicians
to perform the occupation of the member or an alternate occupation
or service covered by the System shall be required to return to duty
and complete twenty (20) years of service as provided in subsection
A of this section, or forfeit all his or her rights and claims under
Section 2-300 et seq. of this title.
J. The disability benefit under this section shall be for the
lifetime of the member unless such member is found no longer
disabled pursuant to subsection I of this section. Such member
shall not be entitled to the retirement benefit pursuant to
Oklahoma Statutes - Title 47. Motor Vehicles
subsection A of this section unless such member returns to active
duty and is eligible for a retirement benefit as provided in
subsection A of this section.
K. At the postoffer, preemployment physical examination
required under paragraph 6 of Section 2-300 of this title, the
physician selected by the Board shall determine the extent to which
a new member is disabled. If a member is determined to be partially
disabled, the physician shall assign a percentage of disability to
such partial disability. If such member then becomes entitled to a
disability benefit under either subsection E or subsection G of this
section, the benefit payable shall be reduced by the percentage
which such member was determined to be disabled at the postoffer,
preemployment physical unless the Board makes a determination that
the initially determined percentage of disability at the
preemployment physical examination is unrelated to the reason for
the disability currently sought pursuant to subsection E or
subsection G of this section. Upon employment, the member shall
disclose to the Board any disability payments received from any
source. The amount of disability to be paid to any member cannot
exceed one hundred percent (100%) disability from all sources. The
provisions of this subsection shall apply only to members whose
effective date of membership is on or after July 1, 2000.
L. In addition to the pension provided for under subsection F
of this section, if the member has one or more children under the
age of eighteen (18) years or under the age of twenty-two (22) years
if the child is enrolled full-time in and is regularly attending a
public or private school or any institution of higher education,
Four Hundred Dollars ($400.00) a month shall be paid from the Fund
for the support of each surviving child to the member or person
having the care and custody of such children until each child
reaches the age of eighteen (18) years or reaches the age of twentytwo (22) years if the child is enrolled full-time in and is
regularly attending a public or private school or any institution of
higher education.
M. Notwithstanding any other provisions in Section 2-300
through 2-315 of this title, in order to be eligible to receive
disability benefits, a member who meets the definition of disability
as defined in paragraph 11 of Section 2-300 of this title shall file
the member’s completed application for disability benefits with the
System before such member’s date of termination from service and
provide such additional information that the System’s rules require
within six (6) months of the System’s receipt of such application.
If the member’s completed application for disability benefits is not
filed with the System before the member’s date of termination from
service or such additional information as is required under the
System’s rules is not provided within six (6) months of the System’s
receipt of such application, such member shall be eligible only for
Oklahoma Statutes - Title 47. Motor Vehicles
such other benefits as are available to members of the System and
shall not be eligible to receive any disability benefits. For good
cause shown, the Board of Trustees may waive the requirement that
the disability application be filed before the member’s date of
termination from service. In no event shall a member be eligible to
receive any disability benefit if the member’s completed application
is filed more than six (6) months after the member’s date of
termination from service.
N. If the requirements of Section 2-305.1C of this title are
satisfied, a member who, by reason of disability or attainment of
normal retirement date or age, is separated from service as a public
safety officer with the member’s participating employer may elect to
have payment made directly to the provider for qualified health
insurance premiums by deduction from his or her monthly disability
benefit or monthly retirement payment, after December 31, 2006, in
accordance with Section 402(l) of the Internal Revenue Code of 1986,
as amended. For distributions made after December 29, 2022, the
election provided for under Section 402(l) of the Internal Revenue
Code of 1986, as amended, may be made whether payment of the
premiums is made directly to the provider of the accident or health
plan or qualified long-term care insurance contract by deduction
from a distribution from the System or is made to the member.
Added by Laws 1961, p. 332, § 2-305, eff. Sept. 1, 1961. Amended by
Laws 1967, c. 199, § 4; Laws 1975, c. 365, § 4, operative July 1,
1975; Laws 1980, c. 357, § 9, eff. July 1, 1980; Laws 1981, c. 227,
§ 4, operative July 1, 1981; Laws 1982, c. 328, § 5, operative July
1, 1982; Laws 1985, c. 296, § 3, emerg. eff. July 24, 1985; Laws
1988, c. 267, § 22, operative July 1, 1988; Laws 1994, c. 351, § 5,
eff. July 1, 1994; Laws 1996, c. 315, § 1, eff. July 1, 1996; Laws
2000, c. 377, § 7, eff. July 1, 2000; Laws 2002, c. 399, § 4, eff.
July 1, 2002; Laws 2003, c. 3, § 33, emerg. eff. March 19, 2003;
Laws 2003, c. 406, § 4, eff. July 1, 2003; Laws 2004, c. 542, § 2,
eff. July 1, 2004; Laws 2006, 2nd Ex. Sess., c. 46, § 19, eff. July
1, 2006; Laws 2007, c. 152, § 7, eff. July 1, 2007; Laws 2009, c.
169, § 9, emerg. eff. May 11, 2009; Laws 2010, c. 438, § 10, emerg.
eff. June 9, 2010; Laws 2012, c. 307, § 2, eff. Nov. 1, 2012; Laws
2013, c. 119, § 2, eff. Nov. 1, 2013; Laws 2013, c. 318, § 1, emerg.
eff. May 24, 2013; Laws 2017, c. 49, § 1, emerg. eff. April 24,
2017; Laws 2018, c. 44, § 3, eff. Nov. 1, 2018; Laws 2021, c. 96, §
1; Laws 2022, c. 255, § 2, eff. July 1, 2022; Laws 2023, c. 151, §
9, emerg. eff. May 1, 2023.
NOTE: Laws 2002, c. 332, § 2 repealed by Laws 2003, c. 3, § 34,
emerg. eff. March 19, 2003.
§47-2-305.1. Computation of benefits - Increase in benefits.
A. On July 1, 1988, a member who retired prior to July 1, 1985,
or the surviving spouse of such a member or the surviving spouse of
Oklahoma Statutes - Title 47. Motor Vehicles
a member who became deceased prior to July 1, 1985, shall receive
retirement benefits computed in accordance with the provisions of
Section 2-305 of Title 47 of the Oklahoma Statutes. For the purpose
of the computation, the final average salary shall be Two Thousand
Two Hundred Seventeen Dollars ($2,217.00).
B. Except for those persons specified in subsection A of this
section, any person receiving benefits from the Oklahoma Law
Enforcement Retirement System as of June 30, 1988, shall receive a
three percent (3%) increase in said benefits on July 1, 1988.
Added by Laws 1985, c. 296, § 4, emerg. eff. July 24, 1985. Amended
by Laws 1988, c. 267, § 23, operative July 1, 1988.
§47-2-305.1A. Direct rollover of distribution - Definitions Notice - Election.
A. This section applies to distributions made on or after
January 1, 2002. Notwithstanding any provision of the System to the
contrary that would otherwise limit a Distributee's election
hereunder, a Distributee, including a nonspouse designated
beneficiary, to the extent permitted under paragraph 3 of subsection
B of this section, may elect, at the time and in the manner
prescribed by the Board, to have any portion of an Eligible Rollover
Distribution paid directly to an Eligible Retirement Plan specified
by the Distributee in a Direct Rollover.
B. As used in this section:
1. "Eligible Rollover Distribution" means any distribution of
all or any portion of the balance to the credit of the Distributee,
except that an Eligible Rollover Distribution does not include: any
distribution that is one of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or
life expectancy) of the Distributee or the joint lives (or life
expectancies) of the Distributee and the Distributee's designated
beneficiary, or for a specified period of ten (10) years or more;
any distribution to the extent such distribution is required under
Section 401(a)(9) of the Internal Revenue Code of 1986, as amended;
and the portion of any distribution that is not includable in gross
income. A portion of a distribution shall not fail to be an
Eligible Rollover Distribution merely because the portion consists
of after-tax member contributions which are not includable in gross
income. However, such portion may be transferred only:
a.
from January 1, 2002, through December 31, 2006:
(1) to an individual retirement account or annuity
described in Section 408(a) or (b) of the
Internal Revenue Code of 1986, as amended, or
(2) in a direct trustee-to-trustee transfer, to a
qualified trust which is part of a defined
contribution plan that agrees to separately
account for amounts so transferred, including
Oklahoma Statutes - Title 47. Motor Vehicles
separately accounting for the portion of such
distribution which is includable in gross income
and the portion of such distribution which is not
so includable, and
b.
on or after January 1, 2007:
(1) to an individual retirement account or annuity
described in Section 408(a) or (b) of the
Internal Revenue Code of 1986, as amended, or
(2) in a direct trustee-to-trustee transfer to a
qualified trust or an annuity contract described
in Section 403(b) of the Internal Revenue Code of
1986, as amended, and such trust or contract
provides for separate accounting for amounts so
transferred (and earnings thereon), including
separately accounting for the portion of such
distribution which is includable in gross income
and the portion of such distribution which is not
so includable.
Effective for distributions after December 31, 2007, such aftertax portion may also be directly transferred to a Roth individual
retirement account or annuity described in Section 408A of the
Internal Revenue Code of 1986, as amended, ("Roth IRA"), subject to
any limitations described in Section 408A(c) of the Internal Revenue
Code of 1986, as amended;
2. "Eligible Retirement Plan" means an individual retirement
account described in Section 408(a) of the Internal Revenue Code of
1986, as amended, an individual retirement annuity described in
Section 408(b) of the Internal Revenue Code of 1986, as amended, an
annuity plan described in Section 403(a) of the Internal Revenue
Code of 1986, as amended, or a qualified trust described in Section
401(a) of the Internal Revenue Code of 1986, as amended, that
accepts the Distributee's Eligible Rollover Distribution. Effective
January 1, 2002, an Eligible Retirement Plan shall also mean an
annuity contract described in Section 403(b) of the Internal Revenue
Code of 1986, as amended, and an eligible plan under Section 457(b)
of the Internal Revenue Code of 1986, as amended, which is
maintained by a state, political subdivision of a state, or any
agency or instrumentality of a state or political subdivision of a
state and which agrees to separately account for amounts transferred
into such plan from the System. Effective for distributions after
December 31, 2007, an Eligible Retirement Plan includes a Roth IRA,
subject to any limitations under Section 408A(c) of the Internal
Revenue Code of 1986, as amended. Effective for distributions after
December 18, 2015, an Eligible Retirement Plan includes a SIMPLE IRA
in accordance with Section 408(p)(1)(B) of the Internal Revenue Code
of 1986, as amended, for purposes of a rollover contribution to such
SIMPLE IRA, but only if such rollover contribution is made after
Oklahoma Statutes - Title 47. Motor Vehicles
December 18, 2015, and only if such rollover contribution occurs
after the two-year period described in Section 72(t)(6) of the
Internal Revenue Code of 1986, as amended;
3. "Distributee" means an employee or former employee. In
addition, the employee's or former employee's surviving spouse and
the employee's or former employee's spouse or former spouse who is
the alternate payee under a qualified domestic order, as defined in
subsection B of Section 2-303.3 of this title, are Distributees with
regard to the interest of the spouse or the former spouse. A
Distributee also includes the member's nonspouse designated
beneficiary (and certain trusts described in Section 402(c)(11)(B)
of the Internal Revenue Code of 1986, as amended), pursuant to
Section 401(a)(9)(E) of the Internal Revenue Code of 1986, as
amended, who may elect any portion of a payment to be made in a
Direct Rollover only to an individual retirement account or annuity
(other than an endowment contract) described in Section 408(a) or
(b) of the Internal Revenue Code of 1986, as amended, ("IRA")
(including, effective for distributions after December 18, 2015, a
SIMPLE IRA, but only if such contribution occurs after the two-year
period described in Code Section 72(t)(6) and is made in accordance
with the Protecting Americans from Tax Hikes Act of 2015), or,
effective for distributions after December 31, 2007, to a Roth IRA,
that is established on behalf of such nonspouse designated
beneficiary for the purpose of receiving the distribution and that
will be treated as an inherited IRA pursuant to the provisions of
Section 402(c)(11) of the Internal Revenue Code of 1986, as amended.
Also, in this case, the determination of any required minimum
distribution under Section 401(a)(9) of the Internal Revenue Code of
1986, as amended, that is ineligible for rollover shall be made in
accordance with Notice 2007-7, Q&A 17 and 18, 2007-5 Internal
Revenue Bulletin 395. The required minimum distribution rules of
Section 401(a)(9)(B) (other than clause iv thereof) of the Internal
Revenue Code of 1986, as amended, apply to the transferee IRA; and
4. "Direct Rollover" means a payment by the System to the
Eligible Retirement Plan specified by the Distributee.
C. At least thirty (30) days before and, effective for years
beginning after December 31, 2006, not more than one hundred eighty
(180) days before the date of distribution, the Distributee (other
than a nonspouse designated beneficiary prior to July 1, 2010) must
be provided with a notice of rights which satisfies Section 402(f)
of the Internal Revenue Code of 1986, as amended, as to rollover
options and tax effects. Such distribution may commence less than
thirty (30) days after the notice is given, provided that:
1. The Board clearly informs the Distributee that the
Distributee has a right to a period of at least thirty (30) days
after receiving the notice to consider the decision of whether or
not to elect a distribution; and
Oklahoma Statutes - Title 47. Motor Vehicles
2. The Distributee, after receiving the notice, affirmatively
elects a distribution.
D. For distributions made after December 31, 2006, but prior to
July 1, 2010, a distribution with respect to a nonspouse designated
beneficiary shall be made in accordance with Notice 2007-7, Q&A 15,
2007-5 Internal Revenue Bulletin 395. Effective for plan years
beginning after December 31, 2009, a distribution with respect to a
nonspouse designated beneficiary shall be subject to Sections
401(a)(31), 402(f) and 3405(c) of the Internal Revenue Code of 1986,
as amended.
E. Effective for distributions after December 31, 2014, for
purposes of determining the portion of a disbursement of benefits
from the System to a Distributee that is not includable in gross
income under Section 72 of the Internal Revenue Code of 1986, as
amended, the guidance under I.R.S. Notice 2014-54 shall be followed.
Added by Laws 1999, c. 257, § 25, eff. July 1, 1999. Amended by
Laws 2000, c. 287, § 16, eff. July 1, 2000; Laws 2003, c. 406, § 5,
eff. July 1, 2003; Laws 2007, c. 152, § 8, eff. July 1, 2007; Laws
2008, c. 177, § 9, eff. July 1, 2008; Laws 2010, c. 437, § 9, emerg.
eff. June 9, 2010; Laws 2011, c. 141, § 2, emerg. eff. April 29,
2011; Laws 2012, c. 52, § 2, emerg. eff. April 16, 2012; Laws 2015,
c. 171, § 3, emerg. eff. April 27, 2015; Laws 2017, c. 113, § 1,
emerg. eff. April 26, 2017.
§47-2-305.1B. Trustee-to-trustee transfer - Treatment of trust Rules.
A. An individual who has been designated, pursuant to Section
401(a)(9)(E) of the Internal Revenue Code of 1986, as amended, as
the beneficiary of a deceased member and who is not the surviving
spouse of the member, may elect, in accordance with Section
402(c)(11) of the Internal Revenue Code of 1986, as amended, to have
a direct trustee-to-trustee transfer of any portion of such
beneficiary's distribution from the Oklahoma Law Enforcement
Retirement System made only to an individual retirement account or
individual retirement annuity (other than an endowment contract)
described in Section 408(a) or (b) of the Internal Revenue Code of
1986, as amended (IRA) (including, effective for distributions after
December 18, 2015, a SIMPLE IRA, but only if such contribution
occurs after the two-year period described in Section 72(t)(6) of
the Internal Revenue Code of 1986, as amended, and is made in
accordance with the Protecting Americans from Tax Hikes Act of
2015), or, effective for distributions after December 31, 2007, to a
Roth individual retirement account or annuity described in Section
408A of the Internal Revenue Code of 1986, as amended (Roth IRA),
that is established on behalf of such designated individual for the
purpose of receiving the distribution. If such transfer is made,
then:
Oklahoma Statutes - Title 47. Motor Vehicles
1. For distributions made after December 31, 2006, but prior to
July 1, 2010, the transfer is treated as an eligible rollover
distribution for purposes of Section 402(c)(11) of the Internal
Revenue Code of 1986, as amended. For plan years beginning after
December 31, 2009, the transfer is treated as an eligible rollover
distribution;
2. The transferee IRA is treated as an inherited individual
retirement account or an inherited individual retirement annuity
(within the meaning of Section 408(d)(3)(C) of the Internal Revenue
Code of 1986, as amended), and must be titled in the name of the
deceased member, for the benefit of the beneficiary; and
3. The required minimum distribution rules of Section
401(a)(9)(B), other than clause iv thereof, of the Internal Revenue
Code of 1986, as amended, apply to the transferee IRA.
B. A trust maintained for the benefit of one or more designated
beneficiaries shall be treated in the same manner as a designated
beneficiary.
C. The Board shall promulgate such rules as are necessary to
implement the provisions of this section.
Added by Laws 2007, c. 152, § 9, eff. July 1, 2007. Amended by Laws
2009, c. 169, § 10, emerg. eff. May 11, 2009; Laws 2010, c. 437, §
10, emerg. eff. June 9, 2010; Laws 2011, c. 141, § 3, emerg. eff.
April 29, 2011; Laws 2012, c. 52, § 3, emerg. eff. April 16, 2012;
Laws 2017, c. 113, § 2, emerg. eff. April 26, 2017.
§47-2-305.1C. Direct payments for qualified health insurance
premiums - Definitions - Rules.
A. A member who is an eligible retired public safety officer
and who wishes to have direct payments made toward the member’s
qualified health insurance premiums from the member’s monthly
disability benefit or monthly retirement payment must make a written
election in accordance with Section 402(l) of the Internal Revenue
Code of 1986, as amended, on the form provided by the Oklahoma Law
Enforcement Retirement System, as follows:
1. The election must be made after the member separates from
service as a public safety officer with the member’s participating
employer;
2. The election shall only apply to distributions from the
System after December 31, 2006, and to amounts not yet distributed
to the eligible retired public safety officer;
3. Payments from the System for an eligible retired public
safety officer’s qualified health insurance premiums made directly
to the provider of such coverage can only be made from the member’s
monthly disability benefit or monthly retirement payment from the
System and cannot be made from the Oklahoma Law Enforcement Deferred
Option Plan; and
Oklahoma Statutes - Title 47. Motor Vehicles
4. The aggregate amount of the exclusion from an eligible
retired public safety officer’s gross income is Three Thousand
Dollars ($3,000.00) per calendar year.
B. As used in this section:
1. “Eligible retired public safety officer” is a member who, by
reason of disability or attainment of normal retirement date or age,
is separated from service as a public safety officer with the
member’s participating employer;
2. “Public safety officer” means a member serving a public
agency in an official capacity, with or without compensation, as a
law enforcement officer, firefighter, chaplain, or a member of a
rescue squad or ambulance crew; and
3. “Qualified health insurance premiums” means premiums for
coverage for the eligible retired public safety officer, the
eligible retired public safety officer’s spouse, and dependents, as
defined in Section 152 of the Internal Revenue Code of 1986, as
amended, by an accident or health plan or a qualified long-term care
insurance contract, as defined in Section 7702B(b) of the Internal
Revenue Code of 1986, as amended. The health plan does not have to
be sponsored by the eligible retired public safety officer’s former
participating employer.
C. The Board may promulgate such rules or procedures as are
necessary to implement the provisions of this section or to
facilitate a member’s election under Section 402(l) of the Internal
Revenue Code of 1986, as amended.
Added by Laws 2007, c. 152, § 10, eff. July 1, 2007. Amended by Laws
2013, c. 16, § 1; Laws 2014, c. 37, § 1, emerg. eff. April 9, 2014;
Laws 2023, c. 151, § 10, emerg. eff. May 1, 2023.
§47-2-305.2. Deferred option plans.
A. In lieu of terminating employment and accepting a service
retirement pension pursuant to Section 2-305 of this title, any
member of the Oklahoma Law Enforcement Retirement System who has not
less than twenty (20) years of participating service and who is
eligible to receive a service retirement pension may make an
irrevocable election to participate in the Oklahoma Law Enforcement
Deferred Option Plan and defer the receipts of benefits in
accordance with the provisions of this section.
B. For purposes of this section, participating service shall
include service credit recognized pursuant to paragraphs (c) and (d)
of Section 2-307, subsection B of Section 2-307.2, and Sections 2309.1, 2-309.2, 2-309.3, 2-309.4, 2-309.5 and 2-309.6 of this title
but for eligibility purposes only.
C. The duration of participation in the Oklahoma Law
Enforcement Deferred Option Plan for a member shall not exceed five
(5) years. Participation in the Oklahoma Law Enforcement Deferred
Option Plan must begin the first day of a month and end on the last
Oklahoma Statutes - Title 47. Motor Vehicles
day of the month. At the conclusion of a member's participation in
the Oklahoma Law Enforcement Deferred Option Plan, the member shall
terminate employment as a member of the Oklahoma Law Enforcement
Retirement System, and shall start receiving the member's accrued
monthly retirement benefit from the System. Such a member may
continue to receive in-service distributions of such member's
accrued monthly retirement benefit from the System if the member is
reemployed by a state agency only if such reemployment is in a
position not covered under the System.
D. When a member begins participation in the Oklahoma Law
Enforcement Deferred Option Plan, the contribution of the member
shall cease. The employer contributions shall continue to be paid
in accordance with Section 2-304 of this title. Employer
contributions for members who elect the Oklahoma Law Enforcement
Deferred Option Plan shall be credited equally to the Oklahoma Law
Enforcement Retirement System and to the member's Oklahoma Law
Enforcement Deferred Option Plan account. The monthly retirement
benefits that would have been payable had the member elected to
cease employment and receive a service retirement shall be paid into
the member's Oklahoma Law Enforcement Deferred Option Plan account.
E. 1. A member who participates in this plan shall be eligible
to receive cost of living increases.
2. A member who participates in this plan shall earn interest
at a rate of two percentage points below the rate of return of the
investment portfolio of the System, but no less than the assumed
interest rate. The assumed interest rate shall be seven and fivetenths percent (7.5%) until the Board amends the assumed interest
rate prospectively by resolution. The interest shall be credited to
the individual account balance of the member on an annual basis.
F. A member in the Oklahoma Law Enforcement Deferred Option
Plan shall receive, at the option of the member:
1. A lump-sum payment from the account equal to the option
account balance of the member, payable to the member;
2. A lump-sum payment from the account equal to the option
account balance of the member, payable to the annuity provider which
shall be selected by the member as a result of the research and
investigation of the member; or
3. Any other method of payment if approved by the Board.
Notwithstanding any other provision contained herein to the
contrary, commencement of distributions under the Oklahoma Law
Enforcement Deferred Option Plan shall be no later than the time as
set forth in paragraph 7 of Section 2-300 of this title.
If a member meets the definition of disability as defined in
paragraph 11 of Section 2-300 of this title by direct reason of the
performance of the member's duties, the payment from the account
shall be an in-line-of-duty disability payment.
Oklahoma Statutes - Title 47. Motor Vehicles
G. If the member dies during the period of participation in the
Oklahoma Law Enforcement Deferred Option Plan, a lump-sum payment
equal to the account balance of the member shall be paid to the
designated beneficiary as defined in paragraph 17 of Section 2-300
of this title, or if there is no designated beneficiary or the
designated beneficiary predeceases the member, to the estate of the
member. If such member was receiving, or eligible to receive, an
in-line-of-duty disability pension pursuant to subsection E or F of
Section 2-305 of this title at the time of death, payment of the
account balance shall be an in-line-of-duty disability payment.
H. In lieu of participating in the Oklahoma Law Enforcement
Deferred Option Plan pursuant to subsections A, B, C, D, E and F of
this section, a member may make an irrevocable election to
participate in the Oklahoma Law Enforcement Deferred Option Plan
pursuant to this subsection as follows:
1. For purposes of this subsection, the following definitions
shall apply:
a.
"back drop date" means the date selected by the member
which is up to five (5) years before the member elects
to participate in the Oklahoma Law Enforcement
Deferred Option Plan, but not before the date at which
the member completes twenty (20) years of
participating service,
b.
"termination date" means the date the member elects to
participate in the Oklahoma Law Enforcement Deferred
Option Plan pursuant to this subsection and the date
the member terminates employment and starts receiving
the member's accrued monthly retirement benefit from
the System. Such termination has at all times
included reemployment of a member by a state agency,
but only in a position not covered under the System,
c.
"earlier attained participating service" means the
participating service earned by a member as of the
back drop date. Earlier attained participating
service cannot be reduced to less than twenty (20)
years of participating service, and
d.
"deferred benefit balance" means all retirement
benefits that would have been paid from the back drop
date to the termination date, and one-half (1/2) of
the employer contributions from the back drop date to
the termination date, with interest based on how the
benefit would have accumulated on a compound annual
basis as if the member had participated in the
Oklahoma Law Enforcement Deferred Option Plan pursuant
to subsections A, B, C, D and E of this section from
the back drop date to the termination date;
Oklahoma Statutes - Title 47. Motor Vehicles
2. At the termination date, a member's monthly pension benefit
shall be determined based on the earlier attained participating
service and on the final average salary as of the back drop date.
The member's individual deferred option account shall be credited
with an amount equal to the deferred benefit balance; the member
shall terminate employment and shall start receiving the member's
accrued monthly retirement benefit from the System. The member
shall, upon application filed with the Board, be refunded from the
fund an amount equal to the accumulated contributions the member
made to the fund from the back drop date to the termination date,
but excluding any interest. Such termination has at all times
included reemployment of a member by a state agency, but only in a
position not covered under the System. The provisions of
subsections B, C, E, F and G of this section shall apply to this
subsection; and
3. A member may participate in the Oklahoma Law Enforcement
Deferred Option Plan pursuant to this subsection even if the member
has elected to participate in the Oklahoma Law Enforcement Deferred
Option Plan pursuant to subsections A, B, C, D, E and F of this
section. Such a member may select a back drop date which is up to
five (5) years prior to the termination date, but not before the
date at which the member completes twenty (20) years of
participating service. Such a member's participation in the
Oklahoma Law Enforcement Deferred Option Plan may not exceed five
(5) years when combined with such a member's prior period of
participation in the Oklahoma Law Enforcement Deferred Option Plan.
The provisions of subsections B, C, E, F and G of this section shall
apply to this subsection.
Added by Laws 1990, c. 247, § 2, eff. Oct. 1, 1990. Amended by Laws
1990, c. 334, § 3, operative July 1, 1990; Laws 1993, c. 157, § 2,
eff. July 1, 1993; Laws 2003, c. 343, § 2, eff. July 1, 2003; Laws
2004, c. 5, § 33, emerg. eff. March 1, 2004; Laws 2004, c. 542, § 3,
eff. July 1, 2004; Laws 2006, 2nd Ex. Sess., c. 46, § 20, eff. July
1, 2006; Laws 2010, c. 437, § 11, emerg. eff. June 9, 2010; Laws
2015, c. 171, § 4, emerg. eff. April 27, 2015; Laws 2022, c. 80, §
1, eff. Nov. 1, 2022.
NOTE: Laws 2003, c. 406, § 6 repealed by Laws 2004, c. 5, § 34,
emerg. eff. March 1, 2004. Laws 2003, c. 456, § 2 repealed by Laws
2004, c. 5, § 35, emerg. eff. March 1, 2004.
§47-2-305.3. Increase in benefits.
Any person receiving benefits from the Oklahoma Law Enforcement
Retirement System as of June 30, 1993, shall receive a two and onehalf percent (2 1/2%) increase in said benefits on July 1, 1994.
Added by Laws 1990, c. 340, § 21, eff. July 1, 1990. Amended by
Laws 1994, c. 383, § 6, eff. July 1, 1994.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-2-305.4. Limitations on benefits and contributions under
qualified plans of the Internal Revenue Code of 1986.
A. For limitation years prior to July 1, 2007, the limitations
of Section 415 of the Internal Revenue Code of 1986, as amended,
shall be computed in accordance with the applicable provisions of
the System in effect at that time and, to the extent applicable,
Revenue Ruling 98-1 and Revenue Ruling 2001-51, except as provided
herein. Notwithstanding any other provision contained herein to the
contrary, the benefits payable to a member from the Oklahoma Law
Enforcement Retirement System provided by employer contributions
(including contributions picked up by the employer under Section
414(h) of the Internal Revenue Code of 1986, as amended), shall be
subject to the limitations of Section 415 of the Internal Revenue
Code of 1986, as amended, in accordance with the provisions of this
section and subsequent guidance. The limitations of this section
shall apply in limitation years beginning on or after July 1, 2007,
except as otherwise provided herein.
B. Except as provided herein, effective for limitation years
ending after December 31, 2001, any accrued retirement benefit
payable to a member as an annual benefit as described herein shall
not exceed One Hundred Sixty Thousand Dollars ($160,000.00),
automatically adjusted under Section 415(d) of the Internal Revenue
Code of 1986, as amended, for increases in the cost of living, as
prescribed by the Secretary of the Treasury or the Secretary's
delegate, effective January 1 of each calendar year and applicable
to the limitation year ending with or within such calendar year.
The automatic annual adjustment of the dollar limitation in this
subsection under Section 415(d) of the Internal Revenue Code of
1986, as amended, shall apply to a member who has had a severance
from employment.
1. The member's annual benefit is a benefit that is payable
annually in the form of a straight life annuity. Except as provided
herein, where a benefit is payable in a form other than a straight
life annuity, the benefit shall be adjusted to an actuarially
equivalent straight life annuity that begins at the same time as
such other form of benefit and is payable on the first day of each
month, before applying the limitations of this section. For a
member who has or will have distributions commencing at more than
one annuity starting date, the annual benefit shall be determined as
of each such annuity starting date (and shall satisfy the
limitations of this section as of each such date), actuarially
adjusting for past and future distributions of benefits commencing
at the other annuity starting dates. For this purpose, the
determination of whether a new starting date has occurred shall be
made without regard to Section 1.401(a)-20, Q&A 10(d), and with
regard to Section 1.415(b)-1(b)(1)(iii)(B) and (C) of the Income Tax
Regulations.
Oklahoma Statutes - Title 47. Motor Vehicles
2.
No actuarial adjustment to the benefit shall be made for:
a.
survivor benefits payable to a surviving spouse under
a qualified joint and survivor annuity to the extent
such benefits would not be payable if the member's
benefit were paid in another form,
b.
benefits that are not directly related to retirement
benefits (such as a qualified disability benefit,
preretirement incidental death benefits) and
postretirement medical benefits, or
c.
the inclusion in the form of benefit of an automatic
benefit increase feature, provided, the form of
benefit is not subject to Section 417(e)(3) of the
Internal Revenue Code of 1986, as amended, and would
otherwise satisfy the limitations of this section, and
the System provides that the amount payable under the
form of benefit in any limitation year shall not
exceed the limits of this section applicable at the
annuity starting date, as increased in subsequent
years pursuant to Section 415(d) of the Internal
Revenue Code of 1986, as amended. For this purpose,
an automatic benefit increase feature is included in a
form of benefit if the form of benefit provides for
automatic, periodic increases to the benefits paid in
that form.
3. The determination of the annual benefit shall take into
account Social Security supplements described in Section 411(a)(9)
of the Internal Revenue Code of 1986, as amended, and benefits
transferred from another defined benefit plan, other than transfers
of distributable benefits pursuant to Section 1.411(d)-4, Q&A-3(c),
of the Income Tax Regulations, but shall disregard benefits
attributable to employee contributions or rollover contributions.
4. Effective for distributions in plan years beginning after
December 31, 2003, the determination of actuarial equivalence of
forms of benefit other than a straight life annuity shall be made in
accordance with paragraph 5 or paragraph 6 of this subsection.
5. Benefit Forms Not Subject to Section 417(e)(3) of the
Internal Revenue Code of 1986, as amended: The straight life
annuity that is actuarially equivalent to the member's form of
benefit shall be determined under this paragraph 5 if the form of
the member's benefit is either:
a.
a nondecreasing annuity (other than a straight life
annuity) payable for a period of not less than the
life of the member (or, in the case of a qualified
preretirement survivor annuity, the life of the
surviving spouse), or
b.
an annuity that decreases during the life of the
member merely because of:
Oklahoma Statutes - Title 47. Motor Vehicles
(1)
c.
d.
e.
the death of the survivor annuitant (but only if
the reduction is not below fifty percent (50%) of
the benefit payable before the death of the
survivor annuitant), or
(2) the cessation or reduction of Social Security
supplements or qualified disability payments (as
defined in Section 411(a)(9) of the Internal
Revenue Code of 1986, as amended).
Limitation Years Beginning Before July 1, 2007. For
limitation years beginning before July 1, 2007, the
actuarially equivalent straight life annuity is equal
to the annual amount of the straight life annuity
commencing at the same annuity starting date that has
the same actuarial present value as the member's form
of benefit computed using whichever of the following
produces the greater annual amount:
(1) the interest rate and the mortality table or
other tabular factor, each as set forth in
subsection H of Section 2-303.1 of this title for
adjusting benefits in the same form, and
(2) a five percent (5%) interest rate assumption and
the applicable mortality table described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable) for that annuity
starting date.
Limitation Year Beginning On January 1, 2008. For the
limitation year beginning on January 1, 2008, the
actuarially equivalent straight life annuity is equal
to the greater of:
(1) the annual amount of the straight life annuity,
if any, payable to the member under the System
commencing at the same annuity starting date as
the member's form of benefit, and
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
percent (5%) interest rate assumption and the
applicable mortality table described in Revenue
Ruling 2001-62 (or its successor for these
purposes, if applicable) for that annuity
starting date.
Limitation Years Beginning On or After July 1, 2008.
For limitation years beginning on or after July 1,
2008, the actuarially equivalent straight life annuity
is equal to the greater of:
Oklahoma Statutes - Title 47. Motor Vehicles
(1)
the annual amount of the straight life annuity,
if any, payable to the member under the System
commencing at the same annuity starting date as
the member's form of benefit, and
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
percent (5%) interest rate assumption and the
applicable mortality table within the meaning of
Section 417(e)(3)(B) of the Internal Revenue Code
of 1986, as amended, as described in Rev. Rul.
2007-67 (and subsequent guidance) for that
annuity starting date.
6. Benefit Forms Subject to Section 417(e)(3) of the Internal
Revenue Code of 1986, as amended: The straight life annuity that is
actuarially equivalent to the member's form of benefit shall be
determined under this paragraph if the form of the member's benefit
is other than a benefit form described in paragraph 5 of this
subsection. In this case, the actuarially equivalent straight life
annuity shall be determined as follows:
a.
Annuity Starting Date on or after January 1, 2009. If
the annuity starting date of the member's form of
benefit is in the period beginning on January 1, 2009
through June 30, 2009, or in a plan year beginning
after June 30, 2009, the actuarially equivalent
straight life annuity is equal to the greatest of (1),
(2) and (3):
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table or other
tabular factor, each as set forth in the most
recent actuarial valuation referenced in
subsection H of Section 2-303.1 of this title
prior to September 1, 2011, and effective
September 1, 2011, in subsection L of this
section, for adjusting benefits in the same form,
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
and one-half percent (5.5%) interest rate
assumption and the applicable mortality table
within the meaning of Section 417(e)(3)(B) of the
Internal Revenue Code of 1986, as amended, as
Oklahoma Statutes - Title 47. Motor Vehicles
b.
described in Rev. Rul. 2007-67 (and subsequent
guidance), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) the applicable interest rate under Section
417(e)(3) of the Internal Revenue Code of
1986, as amended, (and subsequent guidance),
for the fourth calendar month preceding the
plan year in which falls the annuity
starting date for the distribution and the
stability period is the successive period of
one (1) plan year which contains the annuity
starting date for the distribution and for
which the applicable interest rate remains
constant, or as otherwise provided in the
applicable guidance if the first day of the
first plan year beginning after December 31,
2007, does not coincide with the first day
of the applicable stability period, and
(b) the applicable mortality table within the
meaning of Section 417(e)(3)(B) of the
Internal Revenue Code of 1986, as amended,
as described in Rev. Rul. 2007-67 (and
subsequent guidance),
divided by one and five one-hundredths (1.05).
Annuity Starting Date in the Period Beginning on July
1, 2008 through December 31, 2008. If the annuity
starting date of the member's form of benefit is in
the period beginning on July 1, 2008, through December
31, 2008, the actuarially equivalent straight life
annuity is equal to the greatest of (1), (2) and (3)
of this subsection:
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table or other
tabular factor, each as set forth in subsection H
of Section 2-303.1 of this title for adjusting
benefits in the same form,
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
and one-half percent (5.5%) interest rate
Oklahoma Statutes - Title 47. Motor Vehicles
c.
assumption and the applicable mortality table
described in Revenue Ruling 2001-62 (or its
successor for these purposes, if applicable), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) the adjusted first, second, and third
segment rates under Section 417(e)(3)(C) and
(D) of the Internal Revenue Code of 1986, as
amended, applied under rules similar to the
rules of Section 430(h)(2)(C) of the
Internal Revenue Code of 1986, as amended,
for the fourth calendar month preceding the
plan year in which falls the annuity
starting date for the distribution and the
stability period is the successive period of
one (1) plan year which contains the annuity
starting date for the distribution and for
which the applicable interest rate remains
constant, or as otherwise provided in the
applicable guidance if the first day of the
first plan year beginning after December 31,
2007, does not coincide with the first day
of the applicable stability period, and
(b) the applicable mortality table described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable),
and divided by one and five one-hundredths (1.05).
Annuity Starting Date in Plan Years Beginning in 2006
or 2007. If the annuity starting date of the member's
form of benefit is in a Plan Year beginning in 2006 or
2007, the actuarially equivalent straight life annuity
is equal to the greatest of (1), (2) and (3) of this
subsection:
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table (or other
tabular factor) each as set forth in subsection H
of Section 2-303.1 of this title for adjusting
benefits in the same form,
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
Oklahoma Statutes - Title 47. Motor Vehicles
d.
and one-half percent (5.5%) interest rate
assumption and the applicable mortality table
described in Revenue Ruling 2001-62 (or its
successor for these purposes, if applicable), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) the rate of interest on thirty-year Treasury
securities as specified by the Commissioner
for the lookback month for the stability
period specified herein. The lookback month
applicable to the stability period is the
fourth calendar month preceding the first
day of the stability period, as specified
herein. The stability period is the
successive period of one (1) plan year which
contains the annuity starting date for the
distribution and for which the applicable
interest rate remains constant, and
(b) the applicable mortality table described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable),
divided by one and five one-hundredths (1.05).
Annuity Starting Date in Plan Years Beginning in 2004
or 2005.
(1) If the annuity starting date of the member's form
of benefit is in a plan year beginning in 2004 or
2005, the actuarially equivalent straight life
annuity is equal to the annual amount of the
straight life annuity commencing at the same
annuity starting date that has the same actuarial
present value as the member's form of benefit,
computed using whichever of the following
produces the greater annual amount:
(a) the interest rate and the mortality table or
other tabular factor, each as set forth in
subsection H of Section 2-303.1 of this
title for adjusting benefits in the same
form, and
(b) a five and one-half percent (5.5%) interest
rate assumption and the applicable mortality
table described in Revenue Ruling 2001-62
(or its successor for these purposes, if
applicable).
(2) If the annuity starting date of the member's
benefit is on or after the first day of the first
Oklahoma Statutes - Title 47. Motor Vehicles
plan year beginning in 2004 and before December
31, 2004, the application of this subparagraph
shall not cause the amount payable under the
member's form of benefit to be less than the
benefit calculated under the System, taking into
account the limitations of this section, except
that the actuarially equivalent straight life
annuity is equal to the annual amount of the
straight life annuity commencing at the same
annuity starting date that has the same actuarial
present value as the member's form of benefit,
computed using whichever of the following
produces the greatest annual amount:
(a) the interest rate and mortality table or
other tabular factor, each as set forth in
subsection H of Section 2-203.1 of this
title for adjusting benefits in the same
form,
(b) i.
the rate of interest on thirty-year
Treasury securities as specified by the
Commissioner for the lookback month for
the stability period specified herein.
The lookback month applicable to the
stability period is the fourth calendar
month preceding the first day of the
stability period, as specified herein.
The stability period is the successive
period of one (1) plan year which
contains the annuity starting date for
the distribution and for which the
applicable interest rate remains
constant, and
ii.
the applicable mortality table
described in Revenue Ruling 2001-62 (or
its successor for these purposes, if
applicable), and
(c) i.
the rate of interest on thirty-year
Treasury securities as specified by the
Commissioner for the lookback month for
the stability period specified herein.
The lookback month applicable to the
stability period is the fourth calendar
month preceding the first day of the
stability period, as specified herein.
The stability period is the successive
period of one (1) plan year which
contains the annuity starting date for
Oklahoma Statutes - Title 47. Motor Vehicles
the distribution and for which the
applicable interest rate remains
constant (as in effect on the last day
of the last plan year beginning before
January 1, 2004, under provisions of
the System then adopted and in effect),
and
ii.
the applicable mortality table
described in Revenue Ruling 2001-62 (or
its successor for these purposes, if
applicable).
C. If a member has less than ten (10) years of participation in
the System and all predecessor pension and retirement systems, the
dollar limitation otherwise applicable under subsection B of this
section shall be multiplied by a fraction, the numerator of which is
the number of the years of participation or part thereof, in the
System of the member, but never less than one (1), and the
denominator of which is ten (10).
D. Adjustment of Dollar Limitation for Benefit Commencement
Before Sixty-two (62) Years of Age or After Sixty-five (65) Years of
Age: Effective for benefits commencing in limitation years ending
after December 31, 2001, the dollar limitation under subsection B of
this section shall be adjusted if the annuity starting date of the
member's benefit is before sixty-two (62) years of age or after
sixty-five (65) years of age. If the annuity starting date is
before sixty-two (62) years of age, the dollar limitation under
subsection B of this section shall be adjusted under paragraph 1 of
this subsection, as modified by paragraph 3 of this subsection, but
subject to paragraph 4 of this subsection. If the annuity starting
date is after sixty-five (65) years of age, the dollar limitation
under subsection B of this section shall be adjusted under paragraph
2 of this subsection, as modified by paragraph 3 of this subsection.
1. Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement Before Sixty-two (62) Years of Age:
a.
Limitation Years Beginning Before July 1, 2007. If
the annuity starting date for the member's benefit is
prior to sixty-two (62) years of age and occurs in a
limitation year beginning before July 1, 2007, the
dollar limitation for the member's annuity starting
date is the annual amount of a benefit payable in the
form of a straight life annuity commencing at the
member's annuity starting date that is the actuarial
equivalent of the dollar limitation under subsection B
of this section (adjusted under subsection C of this
section for years of participation less than ten (10),
if required) with actuarial equivalence computed using
Oklahoma Statutes - Title 47. Motor Vehicles
b.
whichever of the following produces the smaller annual
amount:
(1) the interest rate and the mortality table or
other tabular factor, each as set forth in
subsection H of Section 2-303.1 of this title, or
(2) a five percent (5%) interest rate assumption and
the applicable mortality table as described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable).
Limitation Years Beginning On or After July 1, 2007.
(1) System Does Not Have Immediately Commencing
Straight Life Annuity Payable at Both Sixty-two
(62) Years of Age and the Age of Benefit
Commencement.
(a) If the annuity starting date for the
member's benefit is prior to sixty-two (62)
years of age and occurs in the limitation
year beginning on or after January 1, 2008,
and the System does not have an immediately
commencing straight life annuity payable at
both sixty-two (62) years of age and the age
of benefit commencement, the dollar
limitation for the member's annuity starting
date is the annual amount of a benefit
payable in the form of a straight life
annuity commencing at the member's annuity
starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if
required) with actuarial equivalence
computed using a five percent (5%) interest
rate assumption and the applicable mortality
table for the annuity starting date as
described in Revenue Ruling 2001-62 (or its
successor for these purposes, if applicable)
(and expressing the member's age based on
completed calendar months as of the annuity
starting date).
(b) If the annuity starting date for the
member's benefit is prior to sixty-two (62)
years of age and occurs in a limitation year
beginning on or after January 1, 2009, and
the System does not have an immediately
commencing straight life annuity payable at
both sixty-two (62) years of age and the age
Oklahoma Statutes - Title 47. Motor Vehicles
(2)
(3)
of benefit commencement, the dollar
limitation for the member's annuity starting
date is the annual amount of a benefit
payable in the form of a straight life
annuity commencing at the member's annuity
starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if
required) with actuarial equivalence
computed using a five percent (5%) interest
rate assumption and the applicable mortality
table within the meaning of Section
417(e)(3)(B) of the Internal Revenue Code of
1986, as amended, as described in Rev. Rul.
2007-67 (and subsequent guidance) (and
expressing the member's age based on
completed calendar months as the annuity
starting date).
System Has Immediately Commencing Straight Life
Annuity Payable at Both Sixty-two (62) Years of
Age and the Age of Benefit Commencement. If the
annuity starting date for the member's benefit is
prior to sixty-two (62) years of age and occurs
in a limitation year beginning on or after July
1, 2007, and the System has an immediately
commencing straight life annuity payable at both
sixty-two (62) years of age and the age of
benefit commencement, the dollar limitation for
the member's annuity starting date is the lesser
of the limitation determined under division (1)
of subparagraph b of this paragraph and the
dollar limitation under subsection B of this
section (adjusted under subsection C of this
section for years of participation less than ten
(10), if required) multiplied by the ratio of the
annual amount of the immediately commencing
straight life annuity under the System at the
member's annuity starting date to the annual
amount of the immediately commencing straight
life annuity under the System at sixty-two (62)
years of age, both determined without applying
the limitations of this section.
Effective for limitation years commencing on or
after January 1, 2014, notwithstanding any other
provision of paragraph 1 of this subsection, the
Oklahoma Statutes - Title 47. Motor Vehicles
age-adjusted dollar limit applicable to a member
shall not decrease on account of an increase in
age or the performance of additional services.
2. Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement After Sixty-five (65) Years of Age:
a.
Limitation Years Beginning Before July 1, 2007. If
the annuity starting date for the member's benefit is
after sixty-five (65) years of age and occurs in a
limitation year beginning before July 1, 2007, the
dollar limitation for the member's annuity starting
date is the annual amount of a benefit payable in the
form of a straight life annuity commencing at the
member's annuity starting date that is the actuarial
equivalent of the dollar limitation under subsection B
of this section (adjusted under subsection C of this
section for years of participation less than ten (10),
if required) with actuarial equivalence computed using
whichever of the following produces the smaller annual
amount:
(1) the interest rate and the mortality table or
other tabular factor, each as set forth in
subsection H of Section 2-303.1 of this title, or
(2) a five percent (5%) interest rate assumption and
the applicable mortality table as described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable).
b.
Limitation Years Beginning On or After July 1, 2007.
(1) System Does Not Have Immediately Commencing
Straight Life Annuity Payable at Both Sixty-five
(65) Years of Age and the Age of Benefit
Commencement.
(a) If the annuity starting date for the
member's benefit is after sixty-five (65)
years of age and occurs in the limitation
year beginning on January 1, 2008, and the
System does not have an immediately
commencing straight life annuity payable at
both sixty-five (65) years of age and the
age of benefit commencement, the dollar
limitation at the member's annuity starting
date is the annual amount of a benefit
payable in the form of a straight life
annuity commencing at the member's annuity
starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
Oklahoma Statutes - Title 47. Motor Vehicles
(2)
participation less than ten (10), if
required) with actuarial equivalence
computed using a five percent (5%) interest
rate assumption and the applicable mortality
table for the annuity starting date as
described in Revenue Ruling 2001-62 (or its
successor for these purposes, if applicable)
(and expressing the member's age based on
completed calendar months as of the annuity
starting date).
(b) If the annuity starting date for the
member's benefit is after sixty-five (65)
years of age and occurs in a limitation year
beginning on or after January 1, 2009, and
the System does not have an immediately
commencing straight life annuity payable at
both sixty-five (65) years of age and the
age of benefit commencement, the dollar
limitation for the member's annuity starting
date is the annual amount of a benefit
payable in the form of a straight life
annuity commencing at the member's annuity
starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if
required) with actuarial equivalence
computed using a five percent (5%) interest
rate assumption and the applicable mortality
table within the meaning of Section
417(e)(3)(B) of the Internal Revenue Code of
1986, as amended, as described in Rev. Rul.
2007-67 (and subsequent guidance) (and
expressing the member's age based on
completed calendar months as of the annuity
starting date).
System Has Immediately Commencing Straight Life
Annuity Payable at Both Sixty-five (65) Years of
Age and Age of Benefit Commencement. If the
annuity starting date for the member's benefit is
after sixty-five (65) years of age and occurs in
a limitation year beginning on or after July 1,
2007, and the System has an immediately
commencing straight life annuity payable at both
sixty-five (65) years of age and the age of
benefit commencement, the dollar limitation at
Oklahoma Statutes - Title 47. Motor Vehicles
the member's annuity starting date is the lesser
of the limitation determined under division (1)
of subparagraph b of this paragraph and the
dollar limitation under subsection B of this
section (adjusted under subsection C of this
section for years of participation less than ten
(10), if required) multiplied by the ratio of the
annual amount of the adjusted immediately
commencing straight life annuity under the System
at the member's annuity starting date to the
annual amount of the adjusted immediately
commencing straight life annuity under the System
at sixty-five (65) years of age, both determined
without applying the limitations of this section.
For this purpose, the adjusted immediately
commencing straight life annuity under the System
at the member's annuity starting date is the
annual amount of such annuity payable to the
member, computed disregarding the member's
accruals after sixty-five (65) years of age but
including actuarial adjustments even if those
actuarial adjustments are used to offset
accruals; and the adjusted immediately commencing
straight life annuity under the System at sixtyfive (65) years of age is the annual amount of
such annuity that would be payable under the
System to a hypothetical member who is sixty-five
(65) years of age and has the same accrued
benefit as the member.
3. Notwithstanding the other requirements of this subsection,
no adjustment shall be made to the dollar limitation under
subsection B of this section to reflect the probability of a
member's death between the annuity starting date and sixty-two (62)
years of age, or between sixty-five (65) years of age and the
annuity starting date, as applicable, if benefits are not forfeited
upon the death of the member prior to the annuity starting date. To
the extent benefits are forfeited upon death before the annuity
starting date, such an adjustment shall be made. For this purpose,
no forfeiture shall be treated as occurring upon the member's death
if the System does not charge members for providing a qualified
preretirement survivor annuity, as defined in Section 417(c) of the
Internal Revenue Code of 1986, as amended, upon the member's death.
4. Notwithstanding any other provision to the contrary, for
limitation years beginning on or after January 1, 1997, if payment
begins before the member reached sixty-two (62) years of age, the
reductions in the limitations in this subsection shall not apply to
Oklahoma Statutes - Title 47. Motor Vehicles
a member who is a "qualified participant" as defined in Section
415(b)(2)(H) of the Internal Revenue Code of 1986, as amended.
E. Minimum Benefit Permitted: Notwithstanding anything else in
this section to the contrary, the benefit otherwise accrued or
payable to a member under this System shall be deemed not to exceed
the maximum permissible benefit if:
1. The retirement benefits payable for a limitation year under
any form of benefit with respect to such member under this System
and under all other defined benefit plans (without regard to whether
a plan has been terminated) ever maintained by a participating
employer do not exceed Ten Thousand Dollars ($10,000.00) multiplied
by a fraction:
a.
the numerator of which is the member's number of
credited years (or part thereof, but not less than one
(1) year) of service, not to exceed ten (10), with the
participating employer, and
b.
the denominator of which is ten (10); and
2. The participating employer (or a predecessor employer) has
not at any time maintained a defined contribution plan in which the
member participated (for this purpose, mandatory employee
contributions under a defined benefit plan, individual medical
accounts under Section 401(h) of the Internal Revenue Code of 1986,
as amended, and accounts for postretirement medical benefits
established under Section 419A(d)(1) of the Internal Revenue Code of
1986, as amended, are not considered a separate defined contribution
plan).
F. In no event shall the maximum annual accrued retirement
benefit of a member allowable under this section be less than the
annual amount of such accrued retirement benefit, including early
pension and qualified joint and survivor annuity amounts, duly
accrued by the member as of the last day of the limitation year
beginning in 1982, or as of the last day of the limitation year
beginning in 1986, whichever is greater, disregarding any plan
changes or cost-of-living adjustments occurring after July 1, 1982,
as to the 1982 accrued amount, and May 5, 1986, as to the 1986
accrued amount.
G. If a member purchases service credit under this title from
the System, which qualifies as "permissive service credit" pursuant
to Section 415(n) of the Internal Revenue Code of 1986, as amended,
the limitations of Section 415 of the Internal Revenue Code of 1986,
as amended, may be met by either:
1. Treating the accrued benefit derived from such contributions
as an annual benefit under subsection B of this section; or
2. Treating all such contributions as annual additions for
purposes of Section 415(c) of the Internal Revenue Code of 1986, as
amended.
Oklahoma Statutes - Title 47. Motor Vehicles
H. If a member repays to the System any amounts received or
refunded from the System because of the member's prior termination
pursuant to paragraph 3 of subsection (b) of Section 2-307 of this
title or any other amount which qualifies as a repayment under
Section 415(k)(3) of the Internal Revenue Code of 1986, as amended,
such repayment shall not be taken into account for purposes of
Section 415 of the Internal Revenue Code of 1986, as amended,
pursuant to Section 415(k)(3) of the Internal Revenue Code of 1986,
as amended.
I. For limitation years beginning on or after January 1, 1995,
subsection C of this section, paragraph 1 of subsection D of this
section, and the proration provided under subparagraphs a and b of
paragraph 1 of subsection E of this section, shall not apply to a
benefit paid under the System as a result of the member becoming
disabled by reason of personal injuries or sickness, or amounts
received by the beneficiaries, survivors or estate of the member as
the result of the death of the member.
J. For distributions made in limitation years beginning on or
after January 1, 2000, the combined limit of repealed Section 415(e)
of the Internal Revenue Code of 1986, as amended, shall not apply.
K. The Board is hereby authorized to revoke the special
election previously made under Section 415(b)(10) of the Internal
Revenue Code of 1986, as amended.
L. Effective September 1, 2011, the interest rate and mortality
assumptions for the System used to determine the actuarial
equivalence of a member's form of benefit shall be set by the State
Board in a manner that precludes employer discretion, shall be based
upon recommendations from independent professional advisors, and
shall be published annually in the actuarial valuation.
M. All benefits payable from the Oklahoma Law Enforcement
Retirement System including payments from the deferred option plans
under Section 2-305.2 of this title shall be paid from the general
assets of the Fund pursuant to subsection B of Section 2-303.4 of
this title.
Added by Laws 1991, c. 323, § 5, emerg. eff. June 12, 1991. Amended
by Laws 1999, c. 257, § 24, eff. July 1, 1999; Laws 2000, c. 287, §
17, eff. July 1, 2000; Laws 2003, c. 406, § 7, eff. July 1, 2003;
Laws 2005, c. 142, § 3, emerg. eff. May 5, 2005; Laws 2006, 2nd
Ex.Sess., c. 46, § 21, eff. July 1, 2006; Laws 2008, c. 177, § 10,
eff. July 1, 2008; Laws 2009, c. 169, § 11, emerg. eff. May 11,
2009; Laws 2010, c. 437, § 12, emerg. eff. June 9, 2010; Laws 2011,
c. 141, § 4, emerg. eff. April 29, 2011; Laws 2012, c. 52, § 4,
emerg. eff. April 16, 2012; Laws 2012, c. 364, § 11; Laws 2013, c.
16, § 2; Laws 2014, c. 37, § 2, emerg. eff. April 9, 2014; Laws
2018, c. 22, § 1, eff. Nov. 1, 2018.
§47-2-305.5.
Additional retirement benefit.
Oklahoma Statutes - Title 47. Motor Vehicles
A. Except as provided by subsection B of this section, the
Oklahoma Law Enforcement Retirement System shall pay to its
retirees, who retire not later than June 30, 1997, or their
beneficiaries, from assets of the retirement system, an additional
amount, for the fiscal year ending June 30, 1998, based upon the
number of years of credited service upon which the retirement
benefit of the member was computed as follows:
1. One Hundred Fifty Dollars ($150.00) for at least ten (10),
but no more than fourteen (14) years of service;
2. Three Hundred Dollars ($300.00) for at least fifteen (15),
but no more than nineteen (19) years of service;
3. Four Hundred Fifty Dollars ($450.00) for at least twenty
(20), but no more than twenty-four (24) years of service; and
4. Six Hundred Dollars ($600.00) for twenty-five (25) or more
years of service.
B. The Oklahoma Law Enforcement Retirement System shall pay to
retirees, who retire not later than June 30, 1997, with a disability
retirement benefit and having less than ten (10) years of service,
the sum of One Hundred Fifty Dollars ($150.00).
C. For purposes of subsection A or B of this section, months of
credited service in excess of a whole number of years shall be
disregarded for purposes of determining the applicable payment
amount.
D. The payment authorized by this section shall be distributed
not later than August 1, 1997.
E. The payment authorized by this section shall not be a
recurring benefit and shall only be made for the fiscal year ending
June 30, 1998, and for no other fiscal year.
F. If a retiree has multiple beneficiaries, the amount
prescribed by subsection A of this section shall be divided equally
among the beneficiaries on a per capita basis.
Added by Laws 1997, c. 384, § 21, eff. July 1, 1997.
§47-2-305.6. Benefit adjustment - Restoration of Initial COLA
Benefit.
A. For purposes of this section the following definitions shall
apply:
1. "Initial COLA Benefit Date" means the later of the member's
date of benefit commencement or January 1, 1981. This date is used
in the definition of Initial COLA Benefit and Target COLA Benefit;
2. "Initial COLA Benefit" means the accrued retirement benefit
which will be used as the base benefit for determining the Target
COLA Benefit. The Initial COLA Benefit equals the benefit in
payment status as of the Initial COLA Benefit Date. Furthermore,
this benefit will reflect adjustment for military service credits,
if any, granted after the Initial COLA Benefit Date;
Oklahoma Statutes - Title 47. Motor Vehicles
3. "CPI-U" means the Consumer Price Index for all urban
consumers for all goods and services, as published by the Bureau of
Labor Statistics, U.S. Department of Labor. This is used as a
measure of price inflation for the development of the Target COLA
Benefit defined below; and
4. "Target COLA Benefit" is the Initial COLA Benefit adjusted
to reflect price inflation as measured by CPI-U. The Target COLA
Benefit is calculated for each eligible member to equal the member's
Initial COLA Benefit multiplied by a ratio of (A) divided by (B) as
follows:
(A) is the CPI-U as of July 1, 1997.
(B) is the CPI-U as of July 1 of the calendar year of the
Initial COLA Benefit Date.
B. The Board shall, effective July 1, 1998, implement a benefit
adjustment, to increase, if necessary, the retirement benefit for
any person receiving benefits from the System as of June 30, 1997.
This benefit adjustment is intended to restore one hundred percent
(100%) of the loss of the Initial COLA Benefit, if any, due to price
inflation, as measured by CPI-U. The benefit adjustment shall be
one hundred percent (100%) of the amount by which the Target COLA
Benefit is in excess, if any, of the June 1998 retirement benefit.
Persons who retired after December 31, 1996 and before July 1, 1997,
shall receive a benefit increase based on one-half (1/2) of the CPIU change for the period beginning January 1, 1997 and before July 1,
1997.
C. Any increase in benefits a person is eligible to receive
pursuant to subsection B of Section 2-305 of Title 47 of the
Oklahoma Statutes, after June 30, 1998, shall be offset by the
increase in benefits, if any, provided by this section.
Added by Laws 1998, c. 317, § 4, eff. July 1, 1998.
§47-2-305.7. Benefit increase - Offset.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Law Enforcement
Retirement System as of June 30, 1999, who continues to receive
benefits on or after July 1, 2000, shall receive a three percent
(3%) increase in said benefits on July 1, 2000.
B. Any increase in benefits a person is eligible to receive
pursuant to subsection B of Section 2-305 of Title 47 of the
Oklahoma Statutes, after June 30, 1998, shall be offset by the
increase in benefits, if any, provided by this section.
Added by Laws 2000, c. 377, § 8, eff. July 1, 2000.
§47-2-305.8. Increase in benefits – Amount - Offset.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Law Enforcement
Retirement System as of June 30, 2001, who continues to receive
Oklahoma Statutes - Title 47. Motor Vehicles
benefits on or after July 1, 2002, shall receive a five percent (5%)
increase in said benefits on July 1, 2002.
B. Any increase in benefits a person is eligible to receive
pursuant to Section 2-305 of Title 47 of the Oklahoma Statutes,
after June 30, 2002, shall be offset by the increase in benefits, if
any, provided by this section.
Added by Laws 2002, c. 394, § 4, eff. July 1, 2002.
§47-2-305.9. Law Enforcement Retirement System - Increase in
benefits.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Law Enforcement
Retirement System as of June 30, 2003, who continues to receive
benefits on or after July 1, 2004, shall receive a four-percent
increase in said benefits beginning in July 2004.
B. Any increase in benefits a person is eligible to receive
pursuant to subsection B, C or D of Section 2-305 of Title 47 of the
Oklahoma Statutes, after June 30, 2004, shall be offset by the
increase in benefits, if any, provided by this section.
Added by Laws 2004, c. 536, § 15, eff. July 1, 2004.
§47-2-305.10. Increase in benefits - July 1, 2006.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Law Enforcement
Retirement System as of June 30, 2005, who continues to receive
benefits on or after July 1, 2006, shall receive a four-percent
increase in said benefits beginning in July 2006.
B. Any increase in benefits a person is eligible to receive
pursuant to subsection B, C or D of Section 2-305 of Title 47 of the
Oklahoma Statutes, after June 30, 2006, shall be offset by the
increase in benefits, if any, provided by this section.
Added by Laws 2006, 2nd Ex. Sess., c. 46, § 8, eff. July 1, 2006.
§47-2-305.11. Increase in benefits - July 1, 2008 - Offset.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Law Enforcement
Retirement System as of June 30, 2007, who continues to receive
benefits on or after July 1, 2008, shall receive a four-percent
increase in said benefits beginning in July 2008.
B. Any increase in benefits a person is eligible to receive
pursuant to subsection B, C or D of Section 2-305 of Title 47 of the
Oklahoma Statutes, after June 30, 2008, shall be offset by the
increase in benefits, if any, provided by this section.
Added by Laws 2008, c. 415, § 4, eff. July 1, 2008.
§47-2-305.12.
Increase in benefits – July 1, 2020 - Offset.
Oklahoma Statutes - Title 47. Motor Vehicles
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Law Enforcement
Retirement System as of June 30, 2019, who continues to receive
benefits on or after July 1, 2020, shall receive an increase in
benefits as follows:
1. Zero percent (0%) if the person has been retired for less
than two (2) years as of July 1, 2020;
2. Two percent (2%) if the person has been retired for at least
two (2) years but less than five (5) years as of July 1, 2020; and
3. Four percent (4%) if the person has been retired for five
(5) years or more as of July 1, 2020.
B. Any increase in benefits a person is eligible to receive
pursuant to subsection B, C or D of Section 2-305 of Title 47 of the
Oklahoma Statutes after July 1, 2020, shall be offset by the
increase in benefits, if any, provided by this section.
Added by Laws 2020, c. 121, § 5, eff. July 1, 2020.
§47-2-306. Payments in case of death.
A. Upon the death of a retired member or upon the death of any
member prior to retirement or other termination of covered
employment, a monthly pension shall be paid which shall be in an
amount as provided below:
1. If the member was not retired and death occurred as the
direct result of the performance of the member’s duties as an
officer, an amount:
a.
equal to two and one-half percent (2 1/2%),
b.
multiplied by:
(1) twenty (20) years of service, regardless of the
actual number of years of credited service
performed by the member prior to the date of
death if the member had performed less than
twenty (20) years of service, or
(2) the actual number of years of service performed
by the member if the member had performed twenty
(20) or more years of service,
c.
multiplied by a final average salary equal to:
(1) the salary which the member would have received
pursuant to statutory salary schedules in effect
upon the date of death for twenty (20) years of
service if the member did not actually perform
twenty (20) years of service prior to death. The
final average salary for a member who performed
less than twenty (20) years of service prior to
death shall be computed assuming that the member
was paid the highest salary allowable pursuant to
the law in effect at the time of the member’s
death based upon twenty (20) years of service and
Oklahoma Statutes - Title 47. Motor Vehicles
with an assumption that the member was eligible
for any and all increases in pay based upon rank
during the entire period. If the salary of a
member is not prescribed by a specific salary
schedule upon the date of the member’s death, the
final average salary for the member shall be
computed by the member’s actual final average
salary or the highest median salary amount for a
member whose salary was prescribed by a specific
salary schedule upon the date of the member’s
death, whichever final average salary amount
would be greater, or
(2) the actual final average salary of the member if
the member had performed twenty (20) or more
years of service prior to death; or
2. If the member was not retired and death occurred other than
as the direct result of the performance of the member’s duties as an
officer, an amount equal to the monthly payments which would have
been received by the member under subsection E of Section 2-305 of
this title had the member been totally disabled; or
3. If said member was retired for length of service, an amount
equal to the member’s monthly payments; or
4. If said member was receiving, or eligible to receive, a
disability benefit pursuant to subsection E or F of Section 2-305 of
this title, an amount equal to the member’s monthly payments
pursuant to subsection E or F of Section 2-305 of this title; or
5. If said member was receiving, or eligible to receive, a
disability benefit pursuant to subsection G of Section 2-305 of this
title, an amount equal to the member’s monthly payments pursuant to
subsection G of Section 2-305 of this title; or
6. If said member was retired for partial disability, an amount
equal to the monthly payments which would have been received by said
member had the member been totally disabled.
B. The pension provided for in subsection A of this section
shall be paid:
1. Except as provided in paragraph 4 of this subsection, to the
surviving spouse, provided the surviving spouse was married to the
member at the time of the member’s death, and continuously for the
thirty (30) months immediately preceding the member’s death,
provided a surviving spouse of a member who died while in, or as a
consequence of, the performance of the member’s duty for the
employer, shall not be subject to the thirty-month marriage
requirement for survivor benefits; or
2. If there is no surviving spouse or upon the death of a
spouse:
a.
to the person having the care and custody of any
surviving child or children of said member for such
Oklahoma Statutes - Title 47. Motor Vehicles
time as such child or children are under the age of
eighteen (18) years, or
b.
to the surviving child or children between the age of
eighteen (18) and twenty-two (22) years if the child
is enrolled full time in and is regularly attending a
public or private school or any institution of higher
education;
3. If there is no surviving spouse or children under the age of
eighteen (18) years or under the age of twenty-two (22) years if the
child is enrolled full time in and is regularly attending a public
or private school or any institution of higher education, to the
dependent parent or parents of said member, for life; or
4. In the event a surviving spouse remarried prior to June 7,
1993, and was a surviving spouse of a member who died while in, or
as a consequence of, the performance of the member’s duty for the
employer, the surviving spouse shall be eligible to receive the
pension benefits provided for in subsection A of this section.
To receive the pension benefits provided for in subsection A of
this section the surviving spouse falling within this paragraph
shall submit a written request for such benefits to the Oklahoma Law
Enforcement Retirement System. The Oklahoma Law Enforcement
Retirement System shall approve requests by surviving spouses
meeting the requirements of this paragraph. Upon approval by the
Oklahoma Law Enforcement Retirement System, the surviving spouse
shall be entitled to the pension benefits provided for in subsection
A of this section beginning from the date of approval forward.
Pension benefits provided to surviving spouses falling within this
paragraph shall not apply to alter any amount of pension benefits
paid or due prior to the Oklahoma Law Enforcement Retirement
System’s approval of the remarried surviving spouse’s written
request for benefits.
No surviving spouse shall receive benefits from this section,
Section 49-113 of Title 11 of the Oklahoma Statutes, or Section 50117 of Title 11 of the Oklahoma Statutes as the surviving spouse of
more than one member of the Oklahoma Firefighters Pension and
Retirement System, the Oklahoma Police Pension and Retirement
System, or the Oklahoma Law Enforcement Retirement System. The
surviving spouse of more than one member shall elect which member’s
benefits he or she will receive.
C. In addition to the pension above provided for, if said
member leaves a surviving spouse and one or more children under the
age of eighteen (18) years or under the age of twenty-two (22) years
if the child is enrolled full time in and is regularly attending a
public or private school or any institution of higher education,
Four Hundred Dollars ($400.00) a month shall be paid from said Fund
for the support of each surviving child to the person having the
care and custody of such children during such time as said spouse
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remains alive and until each child reaches the age of eighteen (18)
years or reaches the age of twenty-two (22) years if the child is
enrolled full time in and is regularly attending a public or private
school or any institution of higher education.
D. Upon the death of a retired member, the benefit payment for
the month in which the retired member died, if not previously paid,
shall be made to the beneficiary of the member or to the member’s
estate if there is no beneficiary. Such benefit payment shall be
made in an amount equal to a full monthly benefit payment regardless
of the day of the month in which the retired member died.
Added by Laws 1961, p. 333, § 2-306, eff. Sept. 1, 1961. Amended by
Laws 1975, c. 365, § 5, operative July 1, 1975; Laws 1980, c. 357, §
10, eff. July 1, 1980; Laws 1985, c. 296, § 5, emerg. eff. July 24,
1985; Laws 1986, c. 253, § 3, operative July 1, 1986; Laws 1990, c.
340, § 22, eff. July 1, 1990; Laws 1993, c. 157, § 3, eff. July 1,
1993; Laws 1993, c. 322, § 14, emerg. eff. June 7, 1993; Laws 1994,
c. 84, § 5, eff. July 1, 1994; Laws 1994, c. 351, § 6, eff. July 1,
1994; Laws 1995, c. 100, § 1, emerg. eff. April 13, 1995; Laws 1996,
c. 333, § 2, eff. July 1, 1996; Laws 1998, c. 419, § 7, eff. July 1,
1998; Laws 2000, c. 377, § 9, eff. July 1, 2000; Laws 2002, c. 399,
§ 5, eff. July 1, 2002; Laws 2004, c. 542, § 4, eff. July 1, 2004.
NOTE: Laws 1993, c. 126, § 7 repealed by Laws 1993, c. 322, § 31,
emerg. eff. June 7, 1993. Laws 2000, c. 287, § 18 repealed by Laws
2001, c. 5, § 18, emerg. eff. March 21, 2001.
§47-2-306.1.
24, 1985.
Repealed by Laws 1985, c. 296, § 8, emerg. eff. July
§47-2-306.2. Unpaid accumulated contributions - Payment to
beneficiary or next of kin.
In the event the total retirement payments made to the member
and his joint annuitant, if any, are less than the member's
accumulated contributions, the difference shall be paid to the
member's designated beneficiary or if no designated beneficiary
survives, then to the member's nearest surviving next of kin as
determined by law.
Laws 1980, c. 357, § 12, eff. July 1, 1980.
§47-2-306.3. Death benefit.
Upon the death of an active or retired member, the Oklahoma Law
Enforcement Retirement System shall pay to the designated
beneficiary of the member as defined in paragraph 17 of Section 2300 of this title or if there is no such designated beneficiary or
if such designated beneficiary predeceases the member, to the estate
of the member, the sum of Four Thousand Dollars ($4,000.00) as a
death benefit for those active or retired members who died prior to
July 1, 1999. For those active or retired members who die on or
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after July 1, 1999, the sum shall be Five Thousand Dollars
($5,000.00).
Added by Laws 1987, c. 236, § 162, emerg. eff. July 20, 1987.
Amended by Laws 1999, c. 167, § 5, eff. July 1, 1999; Laws 2002, c.
352, § 4, eff. July 1, 2002; Laws 2004, c. 542, § 5, eff. July 1,
2004; Laws 2014, c. 37, § 3, emerg. eff. April 9, 2014.
§47-2-307. Leaves of absence - Termination of employment Reinstatement - Service in Armed Forces - Involuntary furloughs.
(a) In the event a member of the System obtains a leave of
absence, of not to exceed ninety (90) days at any one time, because
of injury or illness or for any personal reason other than the
acceptance of other employment, the member's membership in the
System shall not terminate and the period of such leave shall be
counted toward retirement for length of service if, during such
leave of absence or at the end thereof, the member shall pay to the
Fund an amount equal to the contributions which would have been
deducted from the member's salary during such period if such leave
of absence had not been obtained, but if such contributions are not
paid during such leave or made up within thirty (30) days after the
end of such leave, or if such leave of absence extends for more than
ninety (90) days at any one time, the period of such leave shall not
be counted toward length of service for retirement nor in computing
the amount of any pension or any retirement pay or any other
benefits hereunder.
(b) In the event a member of the System obtains a leave of
absence for the purpose of accepting other employment, or if a
member resigns and during such resignation accepts other employment,
the member's membership in the System shall terminate as of the date
of the beginning of such leave. Provided, that if the membership of
a member of the System shall have been terminated either by such
leave of absence or by termination of employment, and such former
member is reemployed, the Board, upon application therefor made in
the same manner as an original application for membership in the
System, may reinstate such membership. Such reinstated member shall
be allowed full credit toward retirement for all service credit
accrued up to the time of termination of membership if, but only if:
1. Such application for reinstatement is made within three (3)
years from the date of such termination of such membership;
2. Such reinstated member remains a member of the System for a
period of five (5) consecutive years after reinstatement of
membership;
3. Such reinstated member reimburses the Fund, at the time
application for reinstatement is made, with the amount of any
portion of the membership contribution which has been refunded to
the member under the provisions of Section 2-308 of this title; and
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4. A lump-sum payment for repayment of any amount received
because of a member's prior termination may be repaid by:
a.
a cash lump-sum payment,
b.
a trustee-to-trustee transfer of non-Roth funds from a
Section 403(b) annuity or custodial account, an
eligible deferred compensation plan described in Code
Section 457(b) which is maintained by an eligible
employer described in Code Section 457(e)(1)(A),
and/or a Code Section 401(a) qualified plan,
c.
a direct rollover of tax-deferred funds from a Code
Section 403(b) annuity or custodial account, an
eligible deferred compensation plan described in Code
Section 457(b) which is maintained by an eligible
employer described in Code Section 457(e)(1)(A), a
Code Section 401(a) qualified plan, and/or a Code
Section 408(a) or 408(b) traditional or conduit
Individual Retirement Account or Annuity (IRA). Roth
accounts, Coverdell Education Savings Accounts and
after-tax contributions shall not be used to purchase
such service credit, or
d.
any combination of the above methods of payment.
The provisions of this subsection shall not apply to absences
caused by such military service as may be considered as service for
retirement for length of service under the provisions of subsection
(c) of this section.
(c) In determining the eligibility of a member for retirement
based upon length of service, any service in the Armed Forces of the
United States or any component thereof between the 16th day of
September, 1940, and the 30th day of June, 1954, and any service in
the Armed Forces of the United States or any component thereof upon
call of the President of the United States or of the Governor of the
State of Oklahoma, together with such prior service, as would have
been otherwise considered as service for retirement for length of
service, shall be considered as service for length of service,
provided that the member returns and files application for
reinstatement as a member of the System within ninety (90) days
after the member's release, or opportunity for release, from such
Armed Forces or component thereof. The member's employing agency
that is making contributions to the System on behalf of the member
shall continue payment of contributions into the pension fund, to
the same force and effect as though the member was in the actual
employment of such agency at the same salary for a period not to
exceed five (5) years. If such member shall have been refunded any
portion of the membership contributions as provided in Section 2-308
of this title, the member shall be required to reimburse the Fund
with the same amount at the time of the member's application for
reinstatement in the System, before the reinstated member is given
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credit for accrued prior service. Provided, that in no event shall
a member of the System who has entered such Armed Forces or
component thereof prior to retirement be or become eligible for
retirement for length of service unless the member shall thereafter
have been reinstated as a member of the System as provided for
herein, and thereafter remained a member for at least one (1) year
after such reinstatement.
(d) Time spent on involuntary furlough by members pursuant to
the rules of the Office of Management and Enterprise Services shall
be credited.
(e) Notwithstanding any provisions herein to the contrary:
1. Contributions, benefits and service credit with respect to
qualified military service shall be provided in accordance with
Section 414(u) of the Internal Revenue Code of 1986, as amended,
which is in accordance with the Uniformed Service Employment and
Reemployment Rights Act of 1994, as amended (USERRA). The
employer's contributions to the System for a member covered by
USERRA are due when such a member makes up his or her contributions
that were missed due to his or her qualified military service; and
2. Effective January 1, 2007, if any member dies while
performing qualified military service (as defined in Section 414(u)
of the Internal Revenue Code of 1986, as amended), the survivors of
the member are entitled to any additional benefits other than
benefit accruals relating to the period of qualified military
service provided under the System had the member resumed and then
terminated employment on account of death.
Added by Laws 1961, p. 333, § 2-307, eff. Sept. 1, 1961. Amended by
Laws 1980, c. 357, § 13, eff. July 1, 1980; Laws 1986, c. 253, § 4,
operative July 1, 1986; Laws 1999, c. 257, § 26, eff. July 1, 1999;
Laws 2003, c. 406, § 8, eff. July 1, 2003; Laws 2005, c. 142, § 4,
emerg. eff. May 5, 2005; Laws 2006, 2nd Ex. Sess., c. 46, § 22, eff.
July 1, 2006; Laws 2008, c. 177, § 11, eff. July 1, 2008; Laws 2009,
c. 169, § 12, emerg. eff. May 11, 2009; Laws 2010, c. 437, § 13,
emerg. eff. June 9, 2010; Laws 2012, c. 304, § 172; Laws 2016, c. 8,
§ 1, emerg. eff. April 5, 2016.
§47-2-307.1. Service credit for membership in Public Employees
Retirement System - Time of application.
A. A member may receive service credit for not to exceed five
(5) years of participating service accumulated by the member while
an employee of a state agency if the member is not receiving or
eligible to receive retirement benefits or credit for said service
from the Oklahoma Public Employees Retirement System. To receive
credit for said service prior to January 1, 1991, the employee and
employer contributions for those years of service and interest of
not to exceed five percent (5%) as determined by the Board shall be
paid to the Board. Effective January 1, 1991, to receive credit for
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said service, the member shall pay the amount determined by the
Board of Trustees pursuant to Section 19 of Enrolled Senate Bill No.
810 of the 2nd Session of the 42nd Oklahoma Legislature. Such
service credit shall not be used in determining the eligibility of
the member for retirement based upon length of service.
B. To receive credit for such service:
1. A member who became a member of the system prior to July 1,
1988, shall make application to the Board for such service prior to
January 1, 1989; and
2. A member who becomes a member of the system after June 30,
1988, shall make application to the Board for such service within
two (2) years of the date the member became a member of the system.
C. Such service credit may be paid by:
1. A cash lump-sum payment;
2. A trustee-to-trustee transfer of non-Roth funds from a
Section 403(b) annuity or custodial account, an eligible deferred
compensation plan described in Section 457(b) which is maintained by
an eligible employer described in Code Section 457(e)(1)(A), and/or
a Code Section 401(a) qualified plan;
3. A direct rollover of tax-deferred funds from a Code Section
403(b) annuity or custodial account, an eligible deferred
compensation plan described in Code Section 457(b) which is
maintained by an eligible employer described in Code Section
457(3)(1)(A), a Code Section 401(a) qualified plan, and/or a Code
Section 408(a) or 408(b) traditional or conduit Individual
Retirement Account or Annuity (IRA). Roth accounts, Coverdell
Education Savings Accounts and after-tax contributions shall not be
used to purchase such service credit; or
4. Any combination of the above methods of payment.
Added by Laws 1986, c. 253, § 5, operative July 1, 1986. Amended by
Laws 1987, c. 236, § 163, emerg. eff. July 20, 1987; Laws 1988, c.
267, § 24, operative July 1, 1988; Laws 1990, c. 334, § 4, operative
July 1, 1990; Laws 2003, c. 406, § 9, eff. July 1, 2003; Laws 2006,
2nd Ex. Sess., c. 46, § 23, eff. July 1, 2006; Laws 2016, c. 8, § 2,
emerg. eff. April 5, 2016.
§47-2-307.2. Service credit for unused sick leave - Prorated
service credit for sick or temporary disability time - Option to
purchase service credit.
A. The total service credit of a member who retires, elects a
Deferred Option Plan or terminates employment and elects a vested
benefit shall include not to exceed one hundred thirty (130) days of
unused sick leave accumulated while a member of the System.
Effective July 1, 2008, a member who retires, elects a Deferred
Option Plan or terminates employment and elects a vested benefit
shall include not to exceed two hundred forty (240) days of unused
sick leave accumulated while a member of the System. Such credit
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shall be added in terms of whole months. Twenty (20) days of unused
sick leave shall equal one (1) month for purposes of service credit.
If unused sick leave entitles a member to an additional year or
fraction thereof of service credit, the member's employer shall
reimburse the System for the cost of funding the additional reserve
by paying the amount determined by the Board pursuant to Section 25
of this act. Each employer shall provide the System with adequate
and timely information necessary to determine additional benefits
and its cost under this section. This section shall apply to
members retiring or vesting on or after July 1, 1985, and shall not
be retroactive. The amount of accrued sick leave available for
determination of a member's monthly benefit for purposes of the
deferred option election shall be limited to the accrued sick leave
available as of the effective date of the deferred option election,
but not to exceed two hundred forty (240) days. The member's
monthly benefit determined as of the effective date of the deferred
option election shall not be adjusted for additional accrued sick
leave earned by the member after the deferred option election.
B. Whenever any member is unable to perform the member's duties
because of sickness or temporary disability caused or sustained
while in the discharge of the member's duty as a member, is
receiving a temporary total disability benefit under Section 1 et
seq. of Title 85A of the Oklahoma Statutes, and does not purchase
service credit as described below, such member shall only receive
prorated service credit based on the contributions made by the
member and the member's employer while the member is receiving a
temporary total disability benefit under Section 1 et seq. of Title
85A of the Oklahoma Statutes. Whenever any member is unable to
perform the member's duties because of sickness or temporary
disability caused or sustained while in the discharge of the
member's duty as a member and is receiving a temporary disability
benefit under Section 1 et seq. of Title 85A of the Oklahoma
Statutes, such member shall have the option to purchase service
credit for the time related to such leave of absence for such
sickness or temporary disability.
1. The payment for such purchase must be completed no later
than three (3) years from the date the member commenced receipt of a
temporary total disability benefit.
2. The purchase price shall be:
a.
the actual paid base salary that the member was
entitled to immediately prior to the member's sickness
or temporary disability minus any vacation or sick
leave payments received by the member during such
sickness or temporary disability, multiplied by,
b.
the following, as applicable:
(1) the combined employer and member contribution
percentages, pursuant to Section 2-304 of this
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title, for members who are suspended without pay,
or
(2) the member contribution percentage, pursuant to
Section 2-304 of this title, for members who are
not suspended without pay.
If such member has not been suspended without pay, the employer
shall contribute, within three (3) months of the completion of the
member's purchase of service credit, the employer contribution
percentage, pursuant to Section 2-304 of this title, times the
actual paid base salary that the member was entitled to immediately
prior to the member's sickness or temporary disability minus any
vacation or sick leave payments received by the member during such
sickness or temporary disability.
3. The member may purchase such service credit through:
a.
a cash lump-sum payment,
b.
a trustee-to-trustee transfer of non-Roth funds from a
Code Section 403(b) annuity or custodial account, an
eligible deferred compensation plan described in Code
Section 457(b) which is maintained by an eligible
employer described in Code Section 457(e)(1)(A),
and/or a Code Section 401(a) qualified plan,
c.
a direct rollover of tax-deferred funds from a Code
Section 403(b) annuity or custodial account, an
eligible deferred compensation plan described in Code
Section 457(b) which is maintained by an eligible
employer described in Code Section 457(e)(1)(A), a
Code Section 401(a) qualified plan, and/or a Code
Section 408(a) or 408(b) traditional or conduit
Individual Retirement Account or Annuity (IRA). Roth
accounts, Coverdell Education Savings Accounts and
after-tax contributions shall not be used to purchase
such service credit, or
d.
any combination of the above methods of payment.
Added by Laws 1985, c. 296, § 6, emerg. eff. July 24, 1985. Amended
by Laws 1990, c. 340, § 23, eff. July 1, 1990; Laws 2006, 2nd Ex.
Sess., c. 46, § 24, eff. July 1, 2006; Laws 2008, c. 177, § 12, eff.
July 1, 2008; Laws 2016, c. 8, § 3, emerg. eff. April 5, 2016; Laws
2025, c. 45, § 3, emerg. eff. May 7, 2025.
§47-2-307.3. Prior law enforcement service credit - Time of
application.
A. Prior to January 1, 1991, upon payment to the Oklahoma Law
Enforcement Retirement System of the employee contribution the
member would have been subject to had the member been a member of
the System at the time, plus five percent (5%) interest, any member
of the System shall receive credit for not to exceed five (5) years
of prior law enforcement service rendered in this state, if the
Oklahoma Statutes - Title 47. Motor Vehicles
member is not receiving or eligible to receive retirement credit or
benefits for such service in any other public retirement system.
Effective January 1, 1991, to receive credit for not to exceed five
(5) years of prior law enforcement service rendered in this state,
if the member is not receiving or eligible to receive retirement
credit or benefits for such service in any other public retirement
system, the member shall pay the amount determined by the Board
pursuant to Section 2-307.5 of this title. Service credit received
pursuant to this section shall be used in determining the member's
retirement benefit but shall not be used in determining years of
service for retirement or vesting purposes.
To receive credit for such service:
1. A member who became a member of the System prior to July 1,
1988, shall make application to the Board for such service prior to
January 1, 1989; and
2. A member who becomes a member of the System after June 30,
1988, shall make application to the Board for such service within
two (2) years of the date the member became a member of the System.
B. Upon payment to the Oklahoma Law Enforcement Retirement
System of a sum equal to the employee contribution the member would
have been subject to had the member been a member of the System at
the time, plus five percent (5%) interest prior to January 1, 1991,
or effective January 1, 1991, upon payment to the System of the
amount determined by the Board pursuant to Section 2-307.5 of this
title, any member of the System shall receive credit for not to
exceed five (5) years of prior law enforcement service rendered in
another state or with a federal law enforcement agency, either as a
commissioned law enforcement officer or in a scientific or technical
field, if the member is not receiving or eligible to receive
retirement credit or benefits for such service in any other public
retirement system. Service credit received pursuant to this section
shall be used in determining the member's retirement benefit but
shall not be used in determining years of service for retirement or
vesting purposes.
To receive credit for such service:
1. A member who became a member of the System prior to July 1,
1990, shall make application to the Board for such service prior to
January 1, 1991; and
2. A member who became a member of the System after June 30,
1990, shall make application to the Board for such services within
two (2) years of the date the member became a member of the System.
C. Such service credit may be paid by:
1. A cash lump-sum payment;
2. A trustee-to-trustee transfer of non-Roth funds from a Code
Section 403(b) annuity or custodial account, an eligible deferred
compensation plan described in Code Section 457(b) which is
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maintained by an eligible employer described in Code Section
457(e)(1)(A) and/or a Code Section 401(a) qualified plan;
3. A direct rollover of tax-deferred funds from a Code Section
403(b) annuity or custodial account, an eligible deferred
compensation plan described in Code Section 457(b) which is
maintained by an eligible employer described in Code Section
457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code
Section 408(a) or 408(b) traditional or conduit Individual
Retirement Account or Annuity (IRA). Roth accounts, Coverdell
Education Savings Accounts and after-tax contributions shall not be
used to purchase such service credit; or
4. Any combination of the above methods of payment.
Added by Laws 1987, c. 236, § 164, emerg. eff. July 20, 1987.
Amended by Laws 1988, c. 267, § 25, operative July 1, 1988; Laws
1990, c. 340, § 24, eff. July 1, 1990; Laws 1990, c. 334, § 5,
operative July 1, 1990; Laws 2003, c. 406, § 10, eff. July 1, 2003;
Laws 2006, 2nd Ex. Sess., c. 46, § 25, eff. July 1, 2006; Laws 2016,
c. 8, § 4, emerg. eff. April 5, 2016.
§47-2-307.4. Military service credit.
A. Any member of the Oklahoma Law Enforcement Retirement System
shall be entitled to prior service credit, not to exceed five (5)
years, for those periods of military service on active duty prior to
membership in the Oklahoma Law Enforcement Retirement System. Any
active member of the Oklahoma Law Enforcement Retirement System
whose initial membership in the System began on or after July 1,
2000, may receive up to five (5) years of prior military service
credit as otherwise provided in this section, only upon payment of
the amount determined by the Board in the manner as provided in
Section 2-307.5 of this title. For members of the System hired on
or after July 1, 2003, if the military service credit authorized by
this subsection is used to compute the retirement benefit of the
member and the member retires from the System, such military service
credit shall not be used to compute the retirement benefit in any
other retirement system created pursuant to the Oklahoma Statutes
and the member may receive credit for such service only in the
retirement system from which the member first retires.
B. For purposes of subsection A of this section, "military
service" means service in the Armed Forces of the United States by
honorably discharged persons during the following time periods, as
reflected on such person's Defense Department Form 214, as follows:
1. During the following periods, including the beginning and
ending dates, and only for the periods served, from:
a.
April 6, 1917, to November 11, 1918, commonly referred
to as World War I,
b.
September 16, 1940, to December 7, 1941, as a member
of the 45th Division,
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c.
December 7, 1941, to December 31, 1946, commonly
referred to as World War II,
d.
June 27, 1950, to January 31, 1955, commonly referred
to as the Korean Conflict or the Korean War,
e.
February 28, 1961, to May 7, 1975, commonly referred
to as the Vietnam era, except that:
(1) for the period from February 28, 1961, to August
4, 1964, military service shall only include
service in the Republic of Vietnam during that
period, and
(2) for purposes of determining eligibility for
education and training benefits, such period
shall end on December 31, 1976, or
f.
August 1, 1990, to December 31, 1991, commonly
referred to as the Gulf War, the Persian Gulf War, or
Operation Desert Storm, but excluding any person who
served on active duty for training only, unless
discharged from such active duty for a serviceconnected disability;
2. During a period of war or combat military operation other
than a conflict, war or era listed in paragraph 1 of this
subsection, beginning on the date of Congressional authorization,
Congressional resolution, or Executive Order of the President of the
United States, for the use of the Armed Forces of the United States
in a war or combat military operation, if such war or combat
military operation lasted for a period of ninety (90) days or more,
for a person who served, and only for the period served, in the area
of responsibility of the war or combat military operation, but
excluding a person who served on active duty for training only,
unless discharged from such active duty for a service-connected
disability, and provided that the burden of proof of military
service during this period shall be with the member, who must
present appropriate documentation establishing such service.
C. An eligible member under subsection B of this section shall
include only those persons who shall have served during the times or
in the areas prescribed in subsection B of this section, and only if
such person provides appropriate documentation in such time and
manner as required by the System to establish such military service
prescribed in this section, or for service pursuant to division (1)
of subparagraph e of paragraph 1 of subsection B of this section,
those persons who were awarded service medals, as authorized by the
United States Department of Defense as reflected in the veteran's
Defense Department Form 214, related to the Vietnam Conflict for
service prior to August 5, 1964.
D. Service credit received pursuant to this section shall be
used in determining the member's retirement benefit but shall not be
Oklahoma Statutes - Title 47. Motor Vehicles
used in determining years of service for retirement or vesting
purposes.
E. Such service credit may be paid by:
1. A cash lump-sum payment;
2. A trustee-to-trustee transfer of non-Roth funds from a Code
Section 403(b) annuity or custodial account, an eligible deferred
compensation plan described in Code Section 457(b) which is
maintained by an eligible employer described in Code Section
457(e)(1)(A), and/or a Code Section 401(a) qualified plan;
3. A direct rollover of tax-deferred funds from a Code Section
403(b) annuity or custodial account, an eligible deferred
compensation plan described in Code Section 457(b) which is
maintained by an eligible employer described in Code Section
457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code
Section 408(a) or 408(b) traditional or conduit Individual
Retirement Account or Annuity (IRA). Roth accounts, Coverdell
Education Savings Accounts and after-tax contributions shall not be
used to purchase such service credit; or
4. Any combination of the above methods of payment.
F. A member who served in any branch of the United States Armed
Forces or any component thereof, who was honorably discharged, and
who began participation in the System on or after November 1, 2022,
shall be entitled to prior service credit, not to exceed five (5)
years, upon payment of the actuarial cost of such service in the
manner prescribed by and subject to all of the requirements of
Section 2-307.5 of this title. For purposes of this subsection,
"military service" means service in the Armed Forces of the United
States by honorably discharged persons.
Added by Laws 1987, c. 236, § 165, emerg. eff. July 20, 1987.
Amended by Laws 1990, c. 334, § 6, operative July 1, 1990; Laws
1998, c. 192, § 3, eff. July 1, 1998; Laws 2000, c. 311, § 2, eff.
July 1, 2000; Laws 2003, c. 406, § 11, eff. July 1, 2003; Laws 2004,
c. 302, § 3, emerg. eff. May 13, 2004; Laws 2006, 2nd Ex. Sess., c.
46, § 26, eff. July 1, 2006; Laws 2016, c. 8, § 5, emerg. eff. April
5, 2016; Laws 2022, c. 96, § 4, eff. Nov. 1, 2022.
§47-2-307.5. Transferred credited service - Computation of purchase
price.
A. The Board shall adopt rules for computation of the purchase
price for transferred credited service. These rules shall base the
purchase price for each year purchased on the actuarial cost of the
incremental projected benefits to be purchased. The purchase price
shall represent the present value of the incremental projected
benefits discounted according to the member's age at the time of
purchase. Incremental projected benefits shall be the difference
between the projected benefit said member would receive without
purchasing the transferred credited service and the projected
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benefit after purchase of the transferred credited service computed
as of the earliest age at which the member would be able to retire.
Said computation shall assume an unreduced benefit and be computed
using interest and mortality assumptions consistent with the
actuarial assumptions adopted by the Board for purposes of preparing
the annual actuarial evaluation.
B. In the event that the member is unable to pay the purchase
price provided for in this section by the due date, the Board shall
permit the members to amortize the purchase price over a period not
to exceed sixty (60) months. Said payments shall be made by payroll
deductions unless the Board permits an alternate payment source.
The amortization shall include interest in an amount not to exceed
the actuarially assumed interest rate adopted by the Board for
investment earnings each year. Any member who ceases to make
payment, terminates, retires or dies before completing the payments
provided for in this section shall receive prorated service credit
for only those payments made, unless the unpaid balance is paid by
said member, his or her estate or successor in interest within six
(6) months after said member's death, termination of employment or
retirement, provided no retirement benefits shall be payable until
the unpaid balance is paid, unless said member or beneficiary
affirmatively waives the additional six-month period in which to pay
the unpaid balance. Notwithstanding anything herein to the
contrary, lump-sum payments for a transferred credited service
purchase may be made by a cash lump-sum payment; a trustee-totrustee transfer of non-Roth funds from a Code Section 403(b)
annuity or custodial account, an eligible deferred compensation plan
described in Code Section 457(b) which is maintained by an eligible
employer described in Code Section 457(e)(1)(A), and/or a Code
Section 401(a) qualified plan; a direct rollover of tax-deferred
funds from a Code Section 403(b) annuity or custodial account, an
eligible deferred compensation plan described in Code Section 457(b)
which is maintained by an eligible employer described in Code
Section 457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a
Code Section 408(a) or 408(b) traditional or conduit Individual
Retirement Account or Annuity (IRA); or a combination of the
foregoing methods. Roth accounts, Coverdell Education Savings
Accounts and after-tax contributions shall not be used to purchase
transferred credited service.
A member making installment payments shall have the option of
making a lump-sum payment for the balance of the actuarial purchase
price with interest due through the date of payment by a cash lumpsum payment; a trustee-to-trustee transfer of non-Roth funds from a
Code Section 403(b) annuity or custodial account, an eligible
deferred compensation plan described in Code Section 457(b) which is
maintained by an eligible employer described in Code Section
457(e)(1)(A), and/or a Code Section 401(a) qualified plan; a direct
Oklahoma Statutes - Title 47. Motor Vehicles
rollover of tax-deferred funds from a Code Section 403(b) annuity or
custodial account, an eligible deferred compensation plan described
in Code Section 457(b) which is maintained by an eligible employer
described in Code Section 457(e)(1)(A), a Code Section 401(a)
qualified plan, and/or a Code Section 408(a) or 408(b) traditional
or conduit Individual Retirement Account or Annuity (IRA); or a
combination of the foregoing methods. Roth accounts, Coverdell
Education Savings Accounts and after-tax contributions shall not be
used to purchase transferred credited service. The Board shall
promulgate such rules as are necessary to implement the provisions
of this subsection.
Added by Laws 1990, c. 340, § 25, eff. July 1, 1990. Amended by
Laws 1993, c. 322, § 13, emerg. eff. June 7, 1993; Laws 2003, c.
406, § 12, eff. July 1, 2003; Laws 2004, c. 542, § 6, eff. July 1,
2004; Laws 2005, c. 142, § 5, emerg. eff. May 5, 2005; Laws 2006, 2nd
Ex. Sess., c. 46, § 27, eff. July 1, 2006; Laws 2016, c. 8, § 6,
emerg. eff. April 5, 2016.
§47-2-307.6.
1998.
Repealed by Laws 1998, c. 256, § 11, eff. July 1,
§47-2-307.7. Reduction-in-force termination credit.
A. A member of the Oklahoma Law Enforcement Retirement System
who has ten (10) or more years of full-time-equivalent employment
with a participating employer, and who is terminated by a state
agency or other state governmental entity because the member's
position is eliminated through a reduction-in-force after July 1,
1998, and is within three (3) years of a normal retirement date as
defined in paragraph 7 of Section 2-300 of this title may purchase
termination credit of a period not to exceed the lesser of three (3)
years or the number of years or months or both years and months
required in order for the member to reach normal retirement date in
the same period of time and with the same service credit which would
have otherwise accrued if the termination had not occurred.
B. In order to receive the termination credit authorized by
this section, the member shall be required to file an election with
the System indicating an intent to purchase the credit. The member
shall have a period of six (6) months from the date the member is
terminated as described in subsection A of this section within which
to file the election.
C. To purchase the termination credit, the member shall be
required to make payment to the System of an amount equal to both
the employer and employee contributions which would have been paid
to the System based upon the actual paid base salary as defined in
paragraph 8 of Section 2-300 of this title, which was received by
the member in the last full month that the member was employed by
the state agency or other state governmental entity multiplied by
Oklahoma Statutes - Title 47. Motor Vehicles
the number of months required in order for the combination of the
participating service and member's age to equal the amount required
for the member to reach normal retirement date with an unreduced
benefit as if the member had not been terminated.
D. The member must make full payment to the System of all
required contribution amounts within sixty (60) days of filing the
election to purchase the credit. The member must vest his or her
benefits with a declared future retirement date as of the first
month the member is eligible for normal retirement. Failure to make
the full payment to the System of the required contribution amounts,
for any reason, within the time prescribed, shall result in
cancellation of the election provided pursuant to this section, and
return of the purchase amount tendered, without interest.
Notwithstanding anything herein to the contrary, termination credit
purchases may be made by:
1. A cash lump-sum payment;
2. A trustee-to-trustee transfer of non-Roth funds from a Code
Section 401(a) qualified plan;
3. A direct rollover of tax-deferred funds from a Code Section
403(b) annuity or custodial account, an eligible deferred
compensation plan described in Code Section 457(b) which is
maintained by an eligible employer described in Code Section
457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code
Section 408(a) or 408(b) traditional or conduit Individual
Retirement Account or Annuity (IRA). Roth accounts, Coverdell
Education Savings Accounts and after-tax contributions shall not be
used to purchase such service credit; or
4. Any combination of the above methods of payment.
E. Purchased termination credit may only be used as service
credit to qualify the member for normal retirement.
F. If the member chooses to retire at any time prior to the
member's normal retirement date or returns to employment with a
participating employer of the System at any time prior to
retirement, the purchase of termination credit pursuant to this
section shall be void and the System will return the purchase amount
tendered, without interest.
G. In the event of the death of the member prior to retirement,
the member's spouse, if otherwise eligible for benefits pursuant to
Section 2-306 of this title, may elect to receive benefits which
include the termination credit on the member's declared future
retirement date, or may elect to receive a return of the purchase
amount tendered, without interest.
Added by Laws 1998, c. 256, § 8, eff. July 1, 1998. Amended by Laws
2003, c. 406, § 13, eff. July 1, 2003; Laws 2004, c. 542, § 7, eff.
July 1, 2004; Laws 2006, 2nd Ex. Sess., c. 46, § 28, eff. July 1,
2006; Laws 2016, c. 8, § 7, emerg. eff. April 5, 2016.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-2-308. Payments on termination of membership - Reemployment.
A. A member who terminates his service before normal retirement
date, other than by death or disability, shall, upon application
filed with the Board, be entitled to be refunded from the fund an
amount equal to the accumulated contributions the member has made to
the fund, but excluding any interest or any amount contributed by
the state. If such member has completed ten (10) years of credited
service at the date of termination, the member may elect a vested
benefit in lieu of receiving his accumulated contributions.
If the member who has completed ten (10) or more years of
credited service elects the vested benefit, the member shall be
entitled to a monthly retirement annuity commencing on the member's
normal retirement date to be determined as if the member's
employment continued uninterrupted. The annual amount of such
retirement annuity shall be equal to two and one-half percent (2
1/2%) of final average salary multiplied by the number of years of
credited service. The death benefits provided for under Section 2306 of this title shall apply to any member retiring under the
provisions of this subsection.
B. A member who terminated service before the normal retirement
date of such member and elected a vested benefit in lieu of
receiving accumulated contributions may upon reemployment be allowed
full credit toward retirement for all credited service accrued for
the vested benefit. This subsection shall apply to employees of the
Oklahoma State Bureau of Investigation, the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Department of Public
Safety and the Oklahoma Alcoholic Beverage Control Board whose
benefits had vested in the Oklahoma Public Employees Retirement
System prior to the establishment of the Oklahoma Law Enforcement
Retirement System. Upon reemployment of said employee by an agency
whose employees are now members of the Oklahoma Law Enforcement
Retirement System, the Oklahoma Public Employees Retirement System
shall transfer to the Oklahoma Law Enforcement Retirement System all
funds contributed by the individual member being reemployed and all
funds contributed by the state for such member.
Added by Laws 1961, p. 335, § 2-308, eff. Sept. 1, 1961. Amended by
Laws 1975, c. 365, § 6, operative July 1, 1975; Laws 1978, c. 310, §
2, emerg. eff. May 11, 1978; Laws 1980, c. 357, § 14, eff. July 1,
1980; Laws 1982, c. 328, § 6, operative July 1, 1982; Laws 2002, c.
399, § 6, eff. July 1, 2002.
§47-2-308.1. Election to defer commencement of retirement benefits.
Any member retiring under the provisions of the System shall
have the opportunity to elect to defer the commencement of
retirement benefits by one-year periods by an election in writing
submitted to the Board not later than thirty (30) days prior to the
member's normal retirement date or the member's actual retirement
Oklahoma Statutes - Title 47. Motor Vehicles
date, whichever is later. Such elections may be made successively
but may not be deferred later than age sixty-five (65). Retirement
benefits payable to members electing to defer the commencement of
payments shall be increased by five percent (5%) of the amount that
would otherwise be paid for each year payments are deferred.
Laws 1978, c. 310, § 3, emerg. eff. May 11, 1978; Laws 1980, c. 357,
§ 15, eff. July 1, 1980.
§47-2-308.2. Actuarial investigation - Establishment of tables and
rates - Actuarial valuation of assets and liabilities –
Determination of employer contributions.
A. At least once each five (5) years the actuary shall make an
actuarial investigation of the experience of the System including
the mortality, service and compensation experience of members and
beneficiaries. Based on the results of such investigation the
actuary shall recommend for adoption by the Board such tables and
rates as are required for the operation of the System and for the
preparation of annual actuarial valuations.
B. On the basis of such tables and rates as the Board shall
adopt, the actuary shall prepare an annual actuarial valuation of
the assets and liabilities of the System and certify the rates of
contribution payable by the state under the provisions of law
concerning the System.
C. Subject to the funds available to the System, the employer
contributions to the System shall be determined on the basis of the
most recent actuarial valuation, which amount shall be calculated as
the sum of the normal cost for the fiscal year plus expected
administrative expenses plus the payment required to amortize the
unfunded accrued liability according to the amortization schedule
recommended by the actuary and adopted by the Board.
Added by Laws 1978, c. 310, § 4, emerg. eff. May 11, 1978. Amended
by Laws 1980, c. 357, § 16, eff. July 1, 1980; Laws 2014, c. 116, §
1, eff. July 1, 2014; Laws 2022, c. 80, § 2, eff. Nov. 1, 2022.
§47-2-309. Proceedings on claims - Appeal to district court.
Claims for pensions, retirement pay, medical expenses, hospital
expenses, and any other allowances or benefits provided for under
the System shall be allowed and paid only upon application therefor
signed and verified by the affidavit of the person claiming to be
entitled thereto, filed with the Board. All such claims shall be
presented at the first regular meeting of the Board, or a special
meeting called for that purpose by the President and Secretary of
the Board, and no claim shall be approved or allowed except by vote
of a majority of the Board. The Board shall have full power and
authority to determine all questions of eligibility for membership
in the System, eligibility for retirement, eligibility to continue
membership, injury, illness, disability, the extent of disability,
Oklahoma Statutes - Title 47. Motor Vehicles
the percentage of disability, ability or inability to perform the
duties connected with any employment, age, length of service,
credits for service, and, in connection with determining any such
question, may secure and pay for the services of a minimum of two
physicians or surgeons to make an examination of the member or
applicant and report upon such matter. The proceedings of the Board
shall be kept by the Secretary of the Board and reduced to writing
in books kept for that purpose and shall include all claims filed,
allowed or rejected and a copy of each resolution, action or order
of the Board. Any objection to the allowance or disallowance of any
claim presented to the Board shall be presented to the Board within
thirty (30) days after notification of such allowance or
disallowance, and, the Board shall set a date for hearing thereon
and shall cause written notice of such hearing to be mailed to the
claimant and to the contestant, if the contestant be one other than
a member of the Board, not less than ten (10) days prior to such
hearing, at which hearing evidence bearing upon the propriety and
correctness of the claim may be introduced. Any and all evidence
introduced upon such a hearing shall be taken and transcribed by, or
under the supervision of, the Secretary of the Board, and a copy
thereof, together with a copy of the order or decision of the Board,
shall be kept as a part of the official record of the Board. Any
person aggrieved by any action of the Board may appeal to the
district court of Oklahoma County, Oklahoma, by filing in the office
of the court clerk of said county, within thirty (30) days after the
signing and filing of the Board's written decision or order in the
matter, a petition setting forth such order or decision and the
grounds upon which such appeal is taken, together with a true and
complete transcript of the proceedings before the Board, and causing
summons to be issued and served, as in civil actions, upon the
President of the Board. Said district court is hereby vested with
final appellate jurisdiction in such matters, shall try the same
wholly upon the transcript of the proceedings before the Board, and
shall act solely as an appellate court in such proceedings.
Added by Laws 1961, p. 335, § 2-309, eff. Sept. 1, 1961. Amended by
Laws 1975, c. 365, § 7, operative July 1, 1975; Laws 1980, c. 357, §
17, eff. July 1, 1980; Laws 1996, c. 315, § 2, eff. July 1, 1996.
§47-2-309.1. Officers of State Bureau of Investigation and Bureau
of Narcotics and Dangerous Drugs Control - Transfer to System.
Officers of the Oklahoma State Bureau of Investigation and the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control who
become members of the System on July 1, 1980, shall cease accruing
benefits in the Oklahoma Public Employees Retirement System as of
that date and shall commence accruing benefits under this System.
The Oklahoma Public Employees Retirement System shall transfer to
the Oklahoma Law Enforcement System all funds contributed by the
Oklahoma Statutes - Title 47. Motor Vehicles
individual members being transferred and all funds contributed by
the state for such members, no later than October 1980. Also, the
Oklahoma Public Employees Retirement System shall give to the
Oklahoma Law Enforcement System a certified statement of credited
service accrued by such transferred members. Service accrued by
officers of the Oklahoma State Bureau of Investigation and the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control under
the Oklahoma Public Employees Retirement System shall be treated as
credited service under the Oklahoma Law Enforcement Retirement
System.
Laws 1980, c. 357, § 18, eff. July 1, 1980.
§47-2-309.2. Employees of Communications Division and Waterways
Patrol Division of Department of Public Safety - Transfer to System.
Employees of the Communications Division and Waterways Patrol
Division of the Department of Public Safety who are members of the
Oklahoma Public Employees Retirement System shall cease accruing
benefits in the Oklahoma Public Employees Retirement System and
shall commence accruing benefits under the Oklahoma Law Enforcement
Retirement System on July 1, 1981. On January 1, 1982, the Oklahoma
Public Employees Retirement System shall transfer to the Oklahoma
Law Enforcement Retirement System the actual amount contributed to
the Oklahoma Public Employees Retirement System by the state and by
each Communications Division and Waterways Patrol Division employee
transferring to the Oklahoma Law Enforcement RetirementSystem and
the retirement records of those transferring employees. Service
accrued by employees of the Communications Division and Waterways
Patrol Division of the Department of Public Safety under the
Oklahoma Public Employees Retirement System shall be treated as
credited service under the Oklahoma Law Enforcement Retirement
System. Provided, however, that the cumulative total of credited
service for such transferring employee shall not exceed the total
time said employee could have accrued if his entire employment with
the State of Oklahoma had been as an employee of the Department of
Public Safety.
Laws 1981, c. 227, § 6, operative July 1, 1981.
§47-2-309.3. Law enforcement officers of the Oklahoma Alcoholic
Beverage Control Board - Transfer to System.
Law enforcement officers of the Oklahoma Alcoholic Beverage
Control Board who are members of the Oklahoma Public Employees
Retirement System shall cease accruing benefits in the Oklahoma
Public Employees Retirement System and shall commence accruing
benefits under the Oklahoma Law Enforcement Retirement System on
July 1, 1982. On January 1, 1983, the Oklahoma Public Employees
Retirement System shall transfer to the Oklahoma Law Enforcement
Retirement System the actual amount contributed to the Oklahoma
Oklahoma Statutes - Title 47. Motor Vehicles
Public Employees Retirement System by the state and by each law
enforcement officer of the Oklahoma Alcoholic Beverage Control Board
transferring to the Oklahoma Law Enforcement Retirement System and
the retirement records of those transferring employees. Service
accrued by said law enforcement officers of the Oklahoma Alcoholic
Beverage Control Board under the Oklahoma Public Employees
Retirement System shall be treated as credited service under the
Oklahoma Law Enforcement Retirement System. Provided however, that
the cumulative total of credited service for such transferring
employee shall not exceed the total time said employee could have
accrued if his entire employment with the State of Oklahoma had been
as an employee of the Oklahoma Alcoholic Beverage Control Board.
Added by Laws 1982, c. 328, § 7, operative July 1, 1982.
§47-2-309.4. Park rangers - Transfer to System.
Park rangers of the Oklahoma Tourism and Recreation Department
who are certified peace officers pursuant to the provisions of
Section 3311 of Title 70 of the Oklahoma Statutes and who are
members of the Oklahoma Public Employees Retirement System shall
cease accruing benefits in the Oklahoma Public Employees Retirement
System and shall commence accruing benefits under the Oklahoma Law
Enforcement Retirement System on July 1, 1985. On January 1, 1986,
the Oklahoma Public Employees Retirement System shall transfer to
the Oklahoma Law Enforcement Retirement System the actual amount
contributed to the Oklahoma Public Employees Retirement System by
the state and by each park ranger of the Oklahoma Tourism and
Recreation Department transferring to the Oklahoma Law Enforcement
Retirement System and the retirement records of those transferring
employees. Service accrued by said park rangers of the Oklahoma
Tourism and Recreation Department under the Oklahoma Public
Employees Retirement System shall be treated as credited service
under the Oklahoma Law Enforcement Retirement System. Provided
however, that the cumulative total of credited service for each such
transferring employee shall not exceed the total time said employee
could have accrued if his entire employment with the State of
Oklahoma had been as an employee of the Oklahoma Tourism and
Recreation Department.
Added by Laws 1985, c. 296, § 7, emerg. eff. July 24, 1985.
§47-2-309.5. Pharmacy board inspectors - Transfer to System.
Inspectors of the Oklahoma State Board of Pharmacy who are
certified peace officers pursuant to the provisions of Section 3311
of Title 70 of the Oklahoma Statutes and who are members of the
Oklahoma Public Employees Retirement System shall cease accruing
benefits in the Oklahoma Public Employees Retirement System and
shall commence accruing benefits under the Oklahoma Law Enforcement
Retirement System on July 1, 1986. On January 1, 1987, the Oklahoma
Oklahoma Statutes - Title 47. Motor Vehicles
Public Employees Retirement System shall transfer to the Oklahoma
Law Enforcement Retirement System the actual amount contributed to
the Oklahoma Public Employees Retirement System by the state and by
each inspector of the Oklahoma State Board of Pharmacy transferring
to the Oklahoma Law Enforcement Retirement System and the retirement
records of those transferring employees. Service accrued by said
inspectors of the Oklahoma State Board of Pharmacy under the
Oklahoma Public Employees Retirement System shall be treated as
credited service under the Oklahoma Law Enforcement Retirement
System. Provided however, that the cumulative total of credited
service for each such transferring employee shall not exceed the
total time said employee could have accrued if his entire employment
with the State of Oklahoma had been as an employee of the Oklahoma
State Board of Pharmacy.
Added by Laws 1986, c. 253, § 6, operative July 1, 1986.
§47-2-309.6. Capitol patrol members and park managers and
supervisors - Transfer to Oklahoma Law Enforcement Retirement System
from Oklahoma Public Employees Retirement System.
A. For purposes of this section, "capitol patrol members" means
law enforcement officers of the State Capitol Division of the
Department of Public Safety employed on July 1, 1993, who, pursuant
to the provisions of this act, transfer membership from the Oklahoma
Public Employees Retirement System to the Oklahoma Law Enforcement
Retirement System.
B. Capitol patrol members are hereby transferred from the
Oklahoma Public Employees Retirement System to the Oklahoma Law
Enforcement Retirement System subject to the following:
1. Effective July 1, 1993, capitol patrol members who are
members of the Oklahoma Public Employees Retirement System shall
cease accruing benefits in the Oklahoma Public Employees Retirement
System and shall commence accruing benefits in the Oklahoma Law
Enforcement Retirement System;
2. Before January 1, 1994, the Oklahoma Public Employees
Retirement System shall transfer to the Oklahoma Law Enforcement
Retirement System the actual amount contributed to the Oklahoma
Public Employees Retirement System from time to time by the capitol
patrol members while members of the Oklahoma Public Employees
Retirement System and the contributions by the participating
employer or employers on behalf of each capitol patrol member to the
Oklahoma Law Enforcement Retirement System along with the retirement
records of said transferring capitol patrol members;
3. Service credit accrued by a capitol patrol member while a
member of the Oklahoma Public Employees Retirement System shall be
treated as credited service for such transferring capitol patrol
member in the Oklahoma Law Enforcement Retirement System if the
capitol patrol member is not receiving or eligible to receive
Oklahoma Statutes - Title 47. Motor Vehicles
service credit or benefits from said service in any other public
retirement system and the member has not received service credit for
the same years of service pursuant to Sections 2-307.1, 2-307.3 and
2-307.4 of Title 47 of the Oklahoma Statutes. Provided, however,
that the total of credited service for each transferring employee
shall not exceed the credited service said employee could have
accrued if his or her entire employment with an agency of the State
of Oklahoma had been as an employee of the Department of Public
Safety. Provided further, that only transferred credited service
related to actual law enforcement service with the State Capitol
Patrol Division of the Department of Public Safety will be included
in the determination of a capitol patrol member's normal retirement
date or vesting date; and
4. All service credit with the Oklahoma Public Employees
Retirement System which is ineligible for transfer to the Law
Enforcement Retirement System shall be canceled.
C. Any park manager or park supervisor of the Oklahoma Tourism
and Recreation Department who was employed in such a position prior
to July 1, 1985, and who elects on or before September 1, 1996, to
participate in the Oklahoma Law Enforcement Retirement System is
hereby transferred from the Oklahoma Public Employees Retirement
System to the Oklahoma Law Enforcement Retirement System subject to
the following:
1. Effective July 1, 1996, park managers and park supervisors
who are members of the Oklahoma Public Employees Retirement System
and who elect on or before September 1, 1996, to participate in the
Oklahoma Law Enforcement Retirement System shall cease accruing
benefits in the Oklahoma Public Employees Retirement System and
shall commence accruing benefits in the Oklahoma Law Enforcement
Retirement System;
2. Before January 1, 1997, the Oklahoma Public Employees
Retirement System shall transfer to the Oklahoma Law Enforcement
Retirement System the actual amount contributed to the Oklahoma
Public Employees Retirement System by the park manager or park
supervisor while he or she was a member of the Oklahoma Public
Employees Retirement System and the contributions by the
participating employer or employers on behalf of each park manager
or park supervisor who elects to become a member of the Oklahoma Law
Enforcement Retirement System along with the retirement records of
said transferring park manager or park supervisor;
3. To receive service credit accrued by such park manager or
park supervisor prior to July 1, 1996, or prior to the date as of
which the person making the election ceases to be a member of the
Oklahoma Public Employees Retirement System, whichever date occurs
last, the member shall pay the difference between the amount
transferred by the Oklahoma Public Employees Retirement System to
the Oklahoma Law Enforcement Retirement System in paragraph 2 of
Oklahoma Statutes - Title 47. Motor Vehicles
this subsection and the amount determined by the Board of Trustees
pursuant to Section 2-307.5 of this title. The park manager or park
supervisor shall elect to either pay any difference to receive full
credit for the years sought to be transferred or receive prorated
service credit for only the amount received from the Oklahoma Public
Employees Retirement System pursuant to this subsection. Such an
election shall be made in writing, filed with the System prior to
receiving the credit provided for in paragraph 10 of Section 2-300
of this title, and shall be irrevocable. Payments made by park
managers or park supervisors pursuant to this paragraph shall be
made on or before January 1, 1997;
4. Service credit accrued by a park manager or park supervisor
while a member of the Oklahoma Public Employees Retirement System
shall be treated as credited service for such transferring park
managers or park supervisors in the Oklahoma Law Enforcement
Retirement System if the park manager or park supervisor is not
receiving or eligible to receive service credit or benefits from
said service in any other public retirement system and the member
has not received service credit for the same years of service
pursuant to Sections 2-307.1, 2-307.3 and 2-307.4 of this title.
Provided, however, that the total of credited service for each
transferring employee shall not exceed the credited service the
employee could have accrued if his or her entire employment with an
agency of the State of Oklahoma had been as an employee of the
Oklahoma Tourism and Recreation Department. Provided further, that
only transferred credited service related to park ranger, park
manager or park supervisor service with the Oklahoma Tourism and
Recreation Department will be included in the determination of a
park manager or park supervisor's normal retirement date or vesting
date; and
5. All service credit with the Oklahoma Public Employees
Retirement System which is ineligible for transfer to the Oklahoma
Law Enforcement Retirement System shall be canceled.
Added by Laws 1993, c. 277, § 2, eff. July 1, 1993. Amended by Laws
1996, c. 60, § 2, eff. July 1, 1996.
§47-2-309.7.
30, 2007.
Repealed by Laws 2007, c. 62, § 34, emerg. eff. April
§47-2-309.8. Service credit.
A. Any state employee who is employed in a commissioned officer
position of the Oklahoma Highway Patrol Division, the Oklahoma State
Bureau of Investigation, the Oklahoma Bureau of Narcotics and
Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement
Commission, a Parks Ranger of the Tourism and Recreation Department,
and a Pharmacy Inspector of the Pharmacy Board shall be eligible for
service credit for employment prior to July 1, 1993, if the employee
Oklahoma Statutes - Title 47. Motor Vehicles
was in a commissioned officer position in the former Oklahoma
Capitol Patrol Division, the former Mansion Security, and the former
Training Center Security of the Department of Public Safety and the
employee was a full-time, active employee eligible for all state
employee benefits.
B. An eligible member of the System shall receive credit for
all prior service as provided in subsection A of this section,
provided the member is not receiving or eligible to receive
retirement credit or benefits for such service in any other public
retirement system. Service credit received pursuant to this section
shall be used in determining the years of service for retirement and
vesting purposes.
C. To receive credit for such service, an eligible member, as
provided in this section, who became a member of the System prior to
July 1, 1993, shall make application to the Board in writing for
such service prior to July 1, 2002.
Added by Laws 2000, c. 378, § 3, eff. July 1, 2000. Renumbered from
§ 309.8 of this title by Laws 2001, c. 131, § 18, eff. July 1, 2001.
Amended by Laws 2001, c. 435, § 5, eff. July 1, 2001; Laws 2008, c.
177, § 13, eff. July 1, 2008.
§47-2-309.9. Commissioned or CLEET-certified agents of the Office
of the Attorney General.
Commissioned or CLEET-certified agents of the Office of the
Attorney General who are hired on or after July 1, 2024, shall
participate in and make contributions to the Oklahoma Law
Enforcement Retirement System as other participating employers and
members of the System. Such employees shall not make contributions
to any plan offered by the Oklahoma Public Employees Retirement
System, other than the Oklahoma State Employees Deferred
Compensation Plan and the Oklahoma State Employees Deferred Savings
Incentive Plan. The Office of the Attorney General shall be a
participating employer in the Oklahoma Law Enforcement Retirement
System for all Office of the Attorney General commissioned or CLEETcertified agents who participate in the Oklahoma Law Enforcement
Retirement System pursuant to the provisions of this section.
Added by Laws 2024, c. 361, § 3, eff. July 1, 2024.
§47-2-309.10. Commissioned or CLEET-certified agents of the
Military Department of the State of Oklahoma.
Commissioned or CLEET-certified agents of the Military
Department of the State of Oklahoma who are hired on or after July
1, 2024, shall participate in and make contributions to the Oklahoma
Law Enforcement Retirement System as other participating employers
and members of the System. Such employees shall not make
contributions to any plan offered by the Oklahoma Public Employees
Retirement System, other than the Oklahoma State Employees Deferred
Oklahoma Statutes - Title 47. Motor Vehicles
Compensation Plan and the Oklahoma State Employees Deferred Savings
Incentive Plan. The Department shall be a participating employer in
the Oklahoma Law Enforcement Retirement System for all Military
Department of the State of Oklahoma commissioned or CLEET-certified
agents who participate in the Oklahoma Law Enforcement Retirement
System pursuant to the provisions of this section.
Added by Laws 2024, c. 361, § 4, eff. July 1, 2024.
§47-2-310.
Repealed by Laws 2004, c. 542, § 8, eff. July 1, 2004.
§47-2-310.1. Injury in the line of duty - Injury Review Board Paid leave - Accrual of leave and service credit, deductions.
A. Whenever any member currently working in a position
identified by paragraph 6 of Section 2-300 of this title or Section
2-314 of this title and enrolled in the Oklahoma Law Enforcement
Retirement System is injured in the line of duty, an Injury Review
Board consisting of one member to be appointed by the member's
employer, one member to be appointed by the Director of the Office
of Management and Enterprise Services and one member to be appointed
by the Governor shall convene to determine if the injured member was
actually injured in the line of duty and whether the injured member
should be granted leave because of the injury. The Injury Review
Board may, in its discretion, grant the injured member leave when
necessary, not to exceed one hundred sixty-five (165) working days
for the illness or injury.
B. For the purpose of this section, "illness or injury" shall
include any serious illness or serious injury caused by or
contracted during the performance of the member's duty. Every state
agency which employs persons eligible for membership in the Oklahoma
Law Enforcement Retirement System shall participate in the joint
promulgation of a rule which shall set out mutually agreeable
guidelines for the categorization of an illness or injury as
serious. Upon promulgation of the rule, each of the state agencies
shall individually adopt the rule. The wording of the rule, as
adopted and as amended by the agencies from time to time, shall
remain in conformity for each of the state agencies.
C. The three-member Injury Review Board shall be convened
following a written request submitted by the injured member to the
injured member's employer. The employer shall forward the request
to the Director of the Office of Management and Enterprise Services.
The employer may submit the request on behalf of an injured member.
The Director's appointee shall then convene and chair the Injury
Review Board. The Injury Review Board may request the injured
member to submit to an examination by a physician selected by the
Board at the employer's expense to assist the Board in making a
decision. A decision to grant or deny such paid leave shall be
determined by concurrence in writing of not less than two Injury
Oklahoma Statutes - Title 47. Motor Vehicles
Review Board members. If granted, said leave shall be paid by the
employing agency.
D. While such leave is being paid, the employee shall continue
to accrue leave and service credit at the same rate as before the
illness or injury. The employee's portion of health, dental, life
and disability insurance premiums and the employee's contribution to
the Oklahoma Law Enforcement Retirement System shall be deducted by
the employing agency from the paid leave and remitted to the
appropriate agencies, in the same manner as before the illness or
injury.
Added by Laws 1988, c. 267, § 26, operative July 1, 1988. Amended
by Laws 1995, c. 294, § 3, eff. July 1, 1995; Laws 2002, c. 399, §
7, eff. July 1, 2002; Laws 2003, c. 486, § 2, eff. July 1, 2003;
Laws 2004, c. 418, § 7, eff. July 1, 2004; Laws 2006, 2nd Ex. Sess.,
c. 46, § 29, eff. July 1, 2006; Laws 2012, c. 304, § 173.
§47-2-310.2. Law Enforcement Retirement System members - Inability
to perform duties - Administrative leave with pay - Transfer of
temporary disability benefits.
Whenever any member of the Oklahoma Law Enforcement Retirement
System currently working in a position identified by paragraph 6 of
Section 2-300 of this title who is enrolled in the Oklahoma Law
Enforcement Retirement System is unable to perform the member’s
duties because of sickness or temporary disability caused or
sustained while in the discharge of the member’s duty as such
member, notwithstanding the provisions of Section 840-2.21 of Title
74 of the Oklahoma Statutes or the provisions of Title 85A of the
Oklahoma Statutes, the member may be placed on administrative leave
with pay by the employing agency for a period of ninety (90) days
with the employing agency having the option of extending the leave
period for up to an additional ninety (90) days, not to exceed a
total of one hundred eighty (180) days. The member’s salary and
benefits shall continue to be paid by the employing agency without
any decrease or disruption of the salary and benefits. If the
recovery period is longer than one hundred eighty (180) days, the
member shall use sick leave, annual leave or other authorized leave.
Should a member receiving a salary under this section be eligible to
receive and should the salary of the member under this section
exceed any temporary disability benefit paid to the member under
Section 1 et seq. of Title 85A of the Oklahoma Statutes, the member
shall transfer such temporary disability benefits under Section 1 et
seq. of Title 85A of the Oklahoma Statutes to the employing agency
while the member is sick or temporarily disabled.
Added by Laws 2006, 2nd Ex. Sess., c. 46, § 30, eff. July 1, 2006.
Renumbered from § 840-2.21A of Title 74 by Laws 2007, c. 62, § 29,
emerg. eff. April 30, 2007. Amended by Laws 2021, c. 96, § 2.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-2-311.
1988.
Repealed by Laws 1988, c. 321, § 45, operative July 1,
§47-2-312. Fraud - Penalties.
(a) No person shall knowingly make any false statement or shall
falsify or permit to be falsified any record or records of the
System, in any attempt to defraud such System.
(b) Should any such change in records fraudulently made, or any
mistake in records inadvertently made, result in any member or
beneficiary of said System receiving or paying more or less than he
would have been entitled to had the records been correct, then, on
the discovery of such error, the Board shall correct such error and
shall adjust payments which he should have paid or received.
(c) Any person violating any provisions of subsection (a) of
this section shall be guilty of a misdemeanor and, upon conviction,
shall be punished by a fine of not exceeding Five Hundred Dollars
($500.00) or by imprisonment in the county jail for not more than
six months, or by both such fine and imprisonment.
Laws 1961, p. 336, § 2-312; Laws 1980, c. 357, § 21, eff. July 1,
1980.
§47-2-313. Renumbered as § 2-150 of this title by Laws 2000, c.
378, § 5, eff. Jan. 1, 2001.
§47-2-314. Election for limited participation by certain
universities.
A. The Board of Regents of the University of Oklahoma and/or
the Board of Regents for the Oklahoma Agricultural and Mechanical
Colleges may make an irrevocable written election for the University
of Oklahoma and/or Oklahoma State University to become participating
employers in the Oklahoma Law Enforcement Retirement System for
police officers who are CLEET certified and employed by the
University of Oklahoma and/or Oklahoma State University. The Board
of Regents of the University of Oklahoma and/or the Board of Regents
for the Oklahoma Agricultural and Mechanical Colleges shall send
written notice of the election to the Oklahoma Law Enforcement
Retirement System.
B. Beginning the following month after the System receives the
written notice, the University of Oklahoma and/or Oklahoma State
University and all active police officers who are CLEET certified
and hired on or after the date of the election shall participate in
and make contributions to the System as other participating
employers and members of the System.
C. Upon election by the Board, pursuant to subsection A of this
section, active CLEET certified police employed prior to the date of
the election and who were participating in the Teachers’ Retirement
System of Oklahoma, may, within three (3) months of the date of the
Oklahoma Statutes - Title 47. Motor Vehicles
election, make an irrevocable written election to participate in the
Oklahoma Law Enforcement Retirement System and file the written
election with the Teachers’ Retirement System of Oklahoma and the
Oklahoma Law Enforcement Retirement System. Such police officers
who make the election to transfer shall be transferred to the
Oklahoma Law Enforcement Retirement System subject to the following:
1. Upon the date of election of the police officer, the police
officer shall cease accruing benefits in the Teachers’ Retirement
System of Oklahoma and shall commence accruing benefits in the
Oklahoma Law Enforcement Retirement System;
2. Prior to the beginning of the month following receipt of the
police officers’ election by Teachers’ Retirement System of
Oklahoma, the Teachers’ Retirement System of Oklahoma shall transfer
to the Oklahoma Law Enforcement Retirement System all employee
contributions and employer contributions plus accrued interest. The
Teachers’ Retirement System of Oklahoma shall also send to the
Oklahoma Law Enforcement Retirement System the retirement records of
the transferring police officer;
3. To receive service credit accrued by such police officer
prior to the election, or prior to the date as of which the person
making the election ceases to be a member of the Teachers’
Retirement System of Oklahoma, whichever date occurs last, the
member shall pay the difference between the amount transferred by
the Teachers’ Retirement System of Oklahoma to the Oklahoma Law
Enforcement Retirement System in paragraph 2 of this subsection and
the amount determined by the Board of Trustees pursuant to Section
2-307.5 of Title 47 of the Oklahoma Statutes. The police officer
shall elect to either pay any difference to receive full credit for
the years sought to be transferred or receive prorated service
credit for only the amount received from the Teachers’ Retirement
System of Oklahoma pursuant to this subsection. Payments made by
electing police officers pursuant to this paragraph shall be made
pursuant to subsection B of Section 2-307.5 of Title 47 of the
Oklahoma Statutes;
4. Service credit accrued by a police officer while a member of
the Teachers’ Retirement System of Oklahoma shall be treated as
credited service for such transferring police officer in the
Teachers’ Retirement System of Oklahoma if the police officer is not
receiving or eligible to receive service credit or benefits from
said service in any other public retirement system and the member
has not received service credit for the same years of service
pursuant to Sections 2-307.1, 2-307.3 and 2-307.4 of Title 47 of the
Oklahoma Statutes. Provided further, that only transferred credited
service related to police service with the University of Oklahoma or
Oklahoma State University shall be included in the determination of
a police officer’s normal retirement date or vesting date; and
Oklahoma Statutes - Title 47. Motor Vehicles
5. All service credit with the Teachers’ Retirement System of
Oklahoma which is ineligible for transfer to the Oklahoma Law
Enforcement Retirement System shall be canceled.
D. Upon election by the Board, pursuant to subsection A of this
section, active CLEET certified police officers employed prior to
the date of the election and who were not participating in the
Teachers’ Retirement System of Oklahoma, may, within three (3)
months of the date of the election, make an irrevocable written
election to participate in the Oklahoma Law Enforcement Retirement
System and file the written election with the Oklahoma Law
Enforcement Retirement System. Beginning the following month after
the System for such police officers receives the police officer’s
written election, the University of Oklahoma and/or Oklahoma State
University and the electing police officer shall participate and
make contributions to the System as other participating employers
and members of the System.
Added by Laws 2001, c. 193, § 1, eff. July 1, 2001.
§47-2-315. Certain employees of Grand River Dam Authority Election to participate
A. Members of the Oklahoma Public Employees Retirement System
who are active Lake Patrolmen or Dispatchers of the Grand River Dam
Authority on June 30, 2003, may make an irrevocable written election
on or before January 1, 2004, to participate in the Oklahoma Law
Enforcement Retirement System. Such patrolmen and dispatchers who
make the election as provided by this section shall be subject to
the following:
1. Upon the date the patrolman or dispatcher makes the election
pursuant to this section, he or she shall cease accruing benefits in
the Oklahoma Public Employees Retirement System and shall commence
accruing benefits in the Oklahoma Law Enforcement Retirement System;
2. Prior to the beginning of the month following receipt of the
patrolman’s or dispatcher’s election by the Oklahoma Public
Employees Retirement System, the Oklahoma Public Employees
Retirement System shall transfer to the Oklahoma Law Enforcement
Retirement System all employee contributions and employer
contributions including any amounts received by the Oklahoma Public
Employees Retirement System on behalf of a transferring member
related to a purchase or transfer of credited service to the
Oklahoma Public Employees Retirement System. The Oklahoma Public
Employees Retirement System shall also send to the Oklahoma Law
Enforcement Retirement System the retirement records of the
transferring member;
3. To receive service credit accrued by such transferring
member prior to the election, or prior to the date as of which the
person making the election ceases to be a member of the Oklahoma
Public Employees Retirement System, whichever date occurs last, the
Oklahoma Statutes - Title 47. Motor Vehicles
member shall make an irrevocable written election. The election
shall be to either pay the difference between the amount transferred
by the Oklahoma Public Employees Retirement System to the Oklahoma
Law Enforcement Retirement System in paragraph 2 of this subsection
and the amount determined by the Board of Trustees pursuant to
Section 2-307.5 of Title 47 of the Oklahoma Statutes to receive full
eligible credit for the years sought to be transferred or receive
eligible prorated service credit for only the amount received from
the Oklahoma Public Employees Retirement System pursuant to this
subsection. Payments made by such transferring members pursuant to
this paragraph shall be made pursuant to subsection B of Section 2307.5 of Title 47 of the Oklahoma Statutes;
4. Service credit shall only be transferable pursuant to this
section if the transferring member is not receiving or eligible to
receive service credit or benefits from said service in any other
public retirement system and has not received service credit for the
same years of service pursuant to Sections 2-307.1, 2-307.3 and 2307.4 of Title 47 of the Oklahoma Statutes. Provided further, that
only transferred credited service related to Lake Patrol service as
a patrolman or dispatcher with the Grand River Dam Authority and any
other law enforcement related service, including service with the
Department of Corrections as a correctional officer or probation and
parole officer or any credited service that was purchased or
transferred to the Oklahoma Public Employees Retirement System from
the Oklahoma Law Enforcement Retirement System or the Oklahoma
Police Pension and Retirement System, shall be included in the
determination of an officer’s normal retirement date or vesting date
in the Oklahoma Law Enforcement Retirement System; and
5. All service credit with the Oklahoma Public Employees
Retirement System which is ineligible for transfer to the Oklahoma
Law Enforcement Retirement System shall be canceled.
B.
The Grand River Dam Authority shall be a participating
employer in the Oklahoma Law Enforcement Retirement System for all
Grand River Dam Lake Patrolmen and Dispatchers who participate in
the Oklahoma Law Enforcement Retirement System pursuant to the
provisions of this section.
Added by Laws 2003, c. 459, § 8. Amended by Laws 2016, c. 297, §
23, eff. July 1, 2016.
§47-2-316. Oklahoma Blue Alert Act.
A. This act shall be known and may be cited as the "Oklahoma
Blue Alert Act".
B. As used in this act, "law enforcement officer" means any
duly appointed person who is charged with the responsibility of
maintaining public order, safety and health by the enforcement of
all laws, ordinances or orders of this state or any of its political
subdivisions and who is authorized to bear arms in execution of his
Oklahoma Statutes - Title 47. Motor Vehicles
or her responsibilities including reserve force deputies, reserve
municipal police officers and tribal law enforcement officers who
are commissioned pursuant to an agreement authorized by Section 1221
of Title 74 of the Oklahoma Statutes.
C. The Department of Public Safety shall develop and implement
a statewide blue alert system. The statewide blue alert system
shall be designed to rapidly disseminate useful information in a
predetermined manner to statewide media outlets.
D. The Commissioner of Public Safety shall be the statewide
coordinator of the blue alert system. The Commissioner shall adopt
rules and issue directives as necessary to ensure proper
implementation of the alert. An Oklahoma Blue Alert shall be
activated only in accordance with policies established by the
Department of Public Safety and if all of the following conditions
apply:
1. A law enforcement officer has been killed or seriously
injured and the law enforcement agency investigating the incident
has information identifying an individual as a suspect connected to
the incident;
2. The law enforcement agency that is investigating the suspect
determines that the suspect poses a serious risk or threat to the
public and other law enforcement personnel;
3. The law enforcement agency investigating the suspect has
obtained either:
a.
the name of the suspect,
b.
a detailed physical description of the suspect, or
c.
a description of the vehicle of the suspect, vehicle
registration plate numbers or letters or partial
vehicle registration plate numbers or letters; and
4. The law enforcement agency investigating the suspect
recommends that the Department of Public Safety activate the Blue
Alert.
E. The Commissioner may notify authorities and entities outside
the State of Oklahoma upon verification that the criteria
established under this section have been met.
F. The Commissioner shall annually review the function of the
blue alert system and revise its criteria and procedures to provide
for efficient and effective statewide public notification.
Added by Laws 2016, c. 200, § 1, eff. Nov. 1, 2016.
§47-3-101. Creation of Service Oklahoma.
A. Service Oklahoma is hereby created, which shall consist of
the Executive Director of Service Oklahoma and such divisions,
sections, committees, offices, boards, and positions as may be
established by the Executive Director of Service Oklahoma or by law.
The applicable powers, duties, and responsibilities exercised by
the Driver License Services Division of the Department of Public
Oklahoma Statutes - Title 47. Motor Vehicles
Safety shall be fully transferred to Service Oklahoma on November 1,
2022. All employees of the Department of Public Safety whose duties
are transferred under this act shall be transferred to Service
Oklahoma.
The applicable powers, duties, and responsibilities exercised by
the Motor Services Division of the Oklahoma Tax Commission shall be
fully transferred to Service Oklahoma on January 1, 2023. All
employees of the Oklahoma Tax Commission whose duties are
transferred under this act shall be transferred to Service Oklahoma.
B. 1. Beginning November 1, 2023, Service Oklahoma shall cease
to be part of or a division of the Office of Management and
Enterprise Services and shall be deemed to be a separate and
distinct agency, to be known as Service Oklahoma. Service Oklahoma
and the Director of Service Oklahoma shall continue to exercise
their statutory powers, duties, and contractual responsibilities.
All records, property, equipment, assets, monies, financial
interests, liabilities, matters pending, and funds of the division
shall be transferred to Service Oklahoma.
2. Service Oklahoma shall succeed to any contractual rights or
responsibilities incurred by the Office of Management and Enterprise
Services pertaining to licensed operators.
3. Rules promulgated by the Office of Management and Enterprise
Services pertaining to Service Oklahoma that are in effect on the
effective date of this act shall be immediately adopted and enforced
by the Executive Director of Service Oklahoma. The Executive
Director maintains the authority to further promulgate and enforce
rules.
4. The Office of Management and Enterprise Services and Service
Oklahoma may enter into an agreement for the transfer of personnel
from the Office of Management and Enterprise Services to Service
Oklahoma. No employee shall be transferred to Service Oklahoma
except on the freely given written consent of the employee. All
employees who are transferred to Service Oklahoma shall not be
required to accept a lesser grade or salary than presently received.
All employees shall retain leave, sick, and annual time earned, and
any retirement and longevity benefits which have accrued during
their tenure with the Office of Management and Enterprise Services.
The transfer of personnel between the state agencies shall be
coordinated with the Office of Management and Enterprise Services.
5. The expenses incurred by Service Oklahoma as a result of the
transfer required by this subsection shall be paid by Service
Oklahoma.
6. The division within the Department known as Service Oklahoma
shall be abolished by the Office of Management and Enterprise
Services after the transfer has been completed.
7. The Office of Management and Enterprise Services shall
coordinate the transfer of records, property, equipment, assets,
Oklahoma Statutes - Title 47. Motor Vehicles
funds, allotments, purchase orders, liabilities, outstanding
financial obligations, or encumbrances provided for in this
subsection.
Added by Laws 2022, c. 282, § 1, emerg. eff. May 19, 2022. Amended
by Laws 2023, 1st Ex. Sess., c. 47, § 2, eff. July 1, 2023.
§47-3-102. Definitions.
As used in this act:
1. "Board" shall mean the Service Oklahoma Operator Board;
2. "Committee" shall mean the Licensed Operator Advisory
Committee;
3. "Director" shall mean the chief executive officer of Service
Oklahoma;
4. "Good standing" shall mean a licensed operator is current on
all required reporting and remittances and whose license is not
under review for revocation by the Service Oklahoma Operator Board;
5. "License" shall mean the authority granted by the Service
Oklahoma Operator Board to an individual for purposes of operating a
Service Oklahoma location;
6. "Licensed operator" shall mean any person licensed by the
Service Oklahoma Operator Board or designated or authorized to
collect the fees and enforce the provisions related to the
fulfillment of designated services to be rendered by Service
Oklahoma. Any reference to motor license agent in the Oklahoma
Statutes shall mean licensed operator;
7. "Person" shall mean any individual, copartner, joint
venture, association, corporation, limited liability company,
estate, trust, business trust, syndicate, the State of Oklahoma,
Service Oklahoma, or any county, city, municipality, school district
or other political subdivision thereof, or any group or combination
acting as a unit, or any receiver appointed by the state or federal
court; and
8. "Service Oklahoma location" shall mean any location where
services offered by Service Oklahoma are provided including
locations operated by either Service Oklahoma or pursuant to a
license issued by Service Oklahoma.
Added by Laws 2022, c. 282, § 2, emerg. eff. May 19, 2022. Amended
by Laws 2024, c. 11, § 1, emerg. eff. April 18, 2024.
§47-3-103. Executive Director of Service Oklahoma.
A. The Executive Director of Service Oklahoma shall be
appointed by the Governor with the advice and consent of the Senate.
The Executive Director shall serve at the pleasure of the Governor
and may be removed or replaced without cause. Compensation for the
Executive Director shall be determined pursuant to Section 3601.2 of
Title 74 of the Oklahoma Statutes. The Executive Director may be
removed from office by a two-thirds (2/3) vote of the members
Oklahoma Statutes - Title 47. Motor Vehicles
elected to and constituting each chamber of the Oklahoma
Legislature.
B. The Executive Director of Service Oklahoma shall be the
chief executive officer of Service Oklahoma and shall act for
Service Oklahoma in all matters except as may be otherwise provided
by law. The powers and duties of the Executive Director shall
include, but not be limited to:
1. Organize Service Oklahoma in a manner to efficiently achieve
the objectives of Service Oklahoma;
2. Supervise all activities of Service Oklahoma;
3. Administer programs and policies of Service Oklahoma;
4. Employ, discharge, appoint, contract, and fix duties and
compensation of employees at the discretion of the Executive
Director;
5. Appoint assistants, deputies, officers, investigators,
attorneys, and other employees as may be necessary to carry out
functions of Service Oklahoma;
6. Prescribe rules and regulations for the operation of Service
Oklahoma;
7. Provide input and recommendations to the Service Oklahoma
Operator Board on all matters including branding and physical
standardization requirements, customer service metrics, analysis,
and improvement processes for licensed operators, and processes for
termination of licensed operators for failure to comply with the
customer service metrics;
8. Establish internal policies and procedures;
9. Prescribe and provide suitable forms deemed necessary to
carry out the functions of Service Oklahoma and any other laws the
enforcement and administration of which are vested in Service
Oklahoma;
10. Establish such divisions, sections, committees, advisory
committees, offices, and positions in Service Oklahoma as the
Executive Director deems necessary to carry out the functions of
Service Oklahoma;
11. Accept and disburse grants, allotments, gifts, devises,
bequests, funds, appropriations, and other property made or offered
to Service Oklahoma; and
12. Create the budget for Service Oklahoma to be submitted to
the Legislature each year.
C. The salary and other expenses for the Executive Director
shall be budgeted as a separate line item through Service Oklahoma.
The operating expenses of Service Oklahoma shall be set by the
Executive Director and shall be budgeted as a separate line item
through Service Oklahoma.
D. 1. The Executive Director of Service Oklahoma shall direct
all purchases, hiring, procurement, and budget for Service Oklahoma
and establish, implement, and enforce policies and procedures
Oklahoma Statutes - Title 47. Motor Vehicles
related thereto, consistent with the Oklahoma Central Purchasing
Act. Service Oklahoma and the Executive Director shall be subject
to the requirements of the Public Competitive Bidding Act of 1974,
the Oklahoma Lighting Energy Conservation Act, and the Public
Facilities Act.
2. The Executive Director of Service Oklahoma, or any employee
or agent of the Executive Director of Service Oklahoma acting within
the scope of delegated authority, shall have the same power and
authority related to purchases, hiring, procurement, and budget for
Service Oklahoma as outlined in paragraph 1 of this subsection for
Service Oklahoma as the State Purchasing Director has for all
acquisitions used or consumed by state agencies as established in
the Oklahoma Central Purchasing Act. Such authority shall,
consistent with the authority granted to the State Purchasing
Director, include the power to designate financial or proprietary
information submitted by a bidder confidential and reject all
requests to disclose the information so designated, if the Executive
Director of Service Oklahoma requires the bidder to submit the
financial or proprietary information with a bid, proposal, or
quotation.
E. Service Oklahoma shall determine the compensation to be
retained by licensed operators.
1. Before the last day in September in every even-numbered
year, Service Oklahoma shall review the compensation paid to
licensed operators and, if necessary, change the compensation.
Service Oklahoma shall engage an independent third party to evaluate
the compensation paid to licensed operators who shall provide any
recommendations no later than November 1 in the even-numbered year.
Any recommended change in licensed operator compensation shall be
finalized by Service Oklahoma no later than the third Tuesday of
November in the even-numbered year. Notice of such recommendation
shall be provided to the Governor, the President Pro Tempore and the
Chair of the Appropriations Committee of the Senate, and the Speaker
and the Chair of the Appropriations and Budget Committee of the
House of Representatives.
2. Any change in licensed operator compensation, unless
rejected or amended as provided by this subsection, shall become
effective on July 1 of the following calendar year. Any amendment
passed by a majority vote of each house of the Legislature shall
become effective as provided by the amendment unless vetoed by the
Governor.
Added by Laws 2022, c. 282, § 3, emerg. eff. May 19, 2022. Amended
by Laws 2023, 1st Ex. Sess., c. 47, § 3, eff. July 1, 2023.
§47-3-104. Service Oklahoma Operator Board.
A. There is hereby created the Service Oklahoma Operator Board,
which shall be an advisory body to the Director of Service Oklahoma
Oklahoma Statutes - Title 47. Motor Vehicles
and shall consist of nine (9) members who shall each serve a term of
two (2) years.
B. The membership of the Board shall be comprised as follows:
1. Two members appointed by the Governor;
2. Two members appointed by the President Pro Tempore of the
Oklahoma State Senate;
3. Two members appointed by the Speaker of the Oklahoma House
of Representatives;
4. One member who shall be a licensed operator, currently in
good standing with Service Oklahoma, who operates a Service Oklahoma
location in a county with a population of one hundred thousand
(100,000) or more, according to the latest Federal Decennial Census
data, who shall be appointed by the President Pro Tempore of the
Senate;
5. One member who shall be a licensed operator, currently in
good standing with Service Oklahoma, who operates a Service Oklahoma
location in a county with a population of less than one hundred
thousand (100,000), according to the latest Federal Decennial Census
data, who shall be appointed by the Speaker of the House of
Representatives; and
6. One member who shall be the Director of Service Oklahoma or
a person designated by the Director.
C. 1. Appointments to the initial Service Oklahoma Operator
Board shall be made within forty-five (45) days of the effective
date of this act.
2. The Director of Service Oklahoma shall make the initial
appointment to fill the position of chair of the Licensed Operator
Advisory Committee. This appointee shall only serve until the chair
of the Licensed Operator Advisory Committee is determined.
3. Each member shall serve at the pleasure of his or her
appointing authority and may be removed or replaced without cause.
4. Any member of the Board shall be prohibited from voting on
any issue in which the member has a direct financial interest.
D. The Board shall have the power and duty to:
1. Approve guidelines, objectives, and performance standards
for licensed operators;
2. Establish branding and physical standardization
requirements, with the input and recommendation of the Director of
Service Oklahoma;
3. Establish customer service metrics, analysis, and
improvement processes for licensed operators, and processes for
termination of licensed operators for failure to comply with the
customer service metrics, with the input and recommendation of the
Director of Service Oklahoma;
4. Make recommendations to the Director of Service Oklahoma on
all matters related to licensed operators;
Oklahoma Statutes - Title 47. Motor Vehicles
5. Assist Service Oklahoma in conducting periodic reviews
related to the goals, objectives, priorities, and policies related
to licensed operators; and
6. Establish rules and qualifications for members of the
Licensed Operator Advisory Committee.
E. The Board shall hold meetings as necessary at a place and
time to be fixed by the Board. The Board shall elect, at its first
meeting, one member to serve as chair and one member to serve as
vice-chair. At the first meeting in each calendar year, the chair
and vice-chair for the ensuing year shall be elected by the Board.
Special meetings may be called by the chair or by four members of
the Board by delivery of written notice to each member of the Board.
F. A majority of the members of the Board shall constitute a
quorum for the transaction of business and taking any official
actions. Official action of the Board shall require a favorable
vote by a majority of the members present.
G. Members of the Board shall serve without compensation but
shall be reimbursed for expenses incurred in the performance of
their duties in accordance with the provisions of the State Travel
Reimbursement Act.
H. The Board shall act in accordance with the provisions of the
Oklahoma Open Records Act and the Administrative Procedures Act.
Added by Laws 2022, c. 282, § 4, emerg. eff. May 19, 2022.
§47-3-105. Licensed Operator Advisory Committee.
A. To assist and advise the Service Oklahoma Operator Board, a
Licensed Operator Advisory Committee is hereby created.
B. The Licensed Operator Advisory Committee shall consist of
seven (7) members appointed by the Service Oklahoma Operator Board
as follows:
1. Two members who shall be licensed operators, appointed by
the Service Oklahoma Operator Board, from counties with a population
under thirty thousand (30,000) according to the latest Federal
Decennial Census data;
2. Two members who are licensed operators, appointed by the
Service Oklahoma Operator Board, from counties with a population
between thirty thousand one (30,001) and one hundred thousand
(100,000) according to the latest Federal Decennial Census data;
3. Two members who are licensed operators, appointed by the
Service Oklahoma Operator Board, from counties with a population
over one hundred thousand (100,000) according to the latest Federal
Decennial Census data; and
4. One member who shall be an employee of Service Oklahoma,
appointed by the Director of Service Oklahoma.
C. Members appointed to the first Licensed Operator Advisory
Committee shall serve the following terms:
Oklahoma Statutes - Title 47. Motor Vehicles
1. The Service Oklahoma Operator Board shall select one member
appointed pursuant to the provisions of paragraph 1 of subsection B
of this section, one member appointed pursuant to the provisions of
paragraph 2 of subsection B of this section, and one member
appointed pursuant to the provisions of paragraph 3 of subsection B
of this section to serve two-year terms. Subsequent appointments
shall serve two-year terms;
2. The Service Oklahoma Operator Board shall select one member
appointed pursuant to the provisions of paragraph 1 of subsection B
of this section, one member appointed pursuant to the provisions of
paragraph 2 of subsection B of this section, and one member
appointed pursuant to the provisions of paragraph 3 of subsection B
of this section to serve three-year terms. Subsequent appointments
shall serve two-year terms; and
3. The member appointed pursuant to the provisions of paragraph
4 of subsection B of this section shall serve a two-year term. All
subsequent appointments shall serve two-year terms.
D. Members of the Licensed Operator Advisory Committee shall
serve at the pleasure of his or her appointing authority and may be
removed or replaced with or without cause.
E. Any vacancy shall be filled in the same manner as original
appointments.
F. The Service Oklahoma Operator Board has the authority to
determine the qualifications and duties of the members of the
Licensed Operator Advisory Committee.
Added by Laws 2022, c. 282, § 5, emerg. eff. May 19, 2022.
§47-3-106. Service Oklahoma Revolving Fund — Service Oklahoma
Reimbursement Fund — Licensed Operator Performance Fund — Petty Cash
Fund.
A. There is hereby created in the State Treasury a revolving
fund for Service Oklahoma to be designated the “Service Oklahoma
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations. All monies accruing to the credit of
the fund are hereby appropriated and shall be budgeted and expended
by Service Oklahoma for the restricted purposes of the monies as
prescribed by law. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
B. There is hereby created in the State Treasury a revolving
fund for Service Oklahoma to be designated the “Service Oklahoma
Reimbursement Fund”. The fund shall be a continuing fund, not
subject to fiscal year limitations. All monies accruing to the
credit of the fund are hereby appropriated and shall be budgeted and
expended by Service Oklahoma for the restricted purposes of the
monies as prescribed by law. Expenditures from the fund shall be
Oklahoma Statutes - Title 47. Motor Vehicles
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
C. There is hereby created in the State Treasury a revolving
fund for Service Oklahoma, to be designated the “Service Oklahoma
Computer Imaging System Revolving Fund”. The fund shall be a
continuing fund not subject to fiscal year limitations. All monies
accruing to the credit of the fund are hereby appropriated and shall
be budgeted and expended by Service Oklahoma for the purpose of
implementing, developing, administering, and maintaining the
computer imaging system of Service Oklahoma. Expenditures from the
fund shall be made upon warrants issued by the State Treasurer
against claims filed as prescribed by law with the Director of the
Office of Management and Enterprise Services for approval and
payment.
D. There is hereby created in the State Treasury a revolving
fund for Service Oklahoma to be designated the “Licensed Operator
Performance Fund”. This fund shall be a continuing fund not subject
to fiscal year limitations. All monies accruing to the credit of
the fund are hereby appropriated and shall be budgeted and expended
by Service Oklahoma for the restricted purposes of the monies as
prescribed by law. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.
1. The Licensed Operator Performance Fund shall be distributed
to licensed operators in accordance with the applicable metrics
determined by Service Oklahoma.
2. In the event that excess funds exist in the Licensed
Operator Performance Fund after distribution to licensed operators
pursuant to this subsection, the remaining funds are authorized to
be expended for the purpose of purchasing back a licensed operator
license from a licensed operator, pursuant to Section 1140 of this
title.
E. There is hereby created a Petty Cash Fund for Service
Oklahoma. The fund shall be used by Service Oklahoma to operate
cash drawers as necessary. The amount of the Petty Cash Fund shall
be determined by the Director of Service Oklahoma and the Director
of the Office of Management and Enterprise Services. Purchases from
the Petty Cash Fund shall be prohibited. The Director of Management
and Enterprise Services shall be authorized to prescribe forms,
systems, and procedures for the administration of the Petty Cash
Fund.
Added by Laws 2022, c. 282, § 6, emerg. eff. May 19, 2022. Amended
by Laws 2023, 1st Ex. Sess., c. 47, § 4, eff. July 1, 2023; Laws
2024, c. 452, § 32, emerg. eff. June 14, 2024.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-3-107. Records – Confidentiality - Maintenance.
A. All records of Service Oklahoma, other than those declared
by law to be confidential for the use of Service Oklahoma, shall be
open to public inspection during normal business hours.
B. The records and files of Service Oklahoma concerning any
state tax law shall be considered confidential and privileged,
except as otherwise provided by law, and neither Service Oklahoma
nor any employee engaged in the administration of Service Oklahoma
or charged with the custody of any such records or files nor any
person who may have secured information from Service Oklahoma shall
disclose any information obtained from the records or files or from
any examination or inspection of the premises or property of any
person.
C. The Director shall supervise the maintenance of all records
of Service Oklahoma and shall adopt rules concerning the destruction
and retention of records. Records of Service Oklahoma shall not be
subject to the provisions of:
1. Sections 305 through 317 of Title 67 of the Oklahoma
Statutes or be transferred to the custody or control of the State
Archives Commission;
2. Section 590 of Title 21 of the Oklahoma Statutes; or
3. The Records Management Act, Sections 201 through 215 of
Title 67 of the Oklahoma Statutes.
In carrying out the powers and duties of Service Oklahoma, the
Director may, pursuant to an adopted rule, order destruction of
records deemed to no longer be of value to Service Oklahoma.
D. 1. The Director may cause any or all records kept by
Service Oklahoma to be photographed, microphotographed,
photostatted, reproduced on film, or stored on computer storage
medium. The film or reproducing material shall be of durable
material, and the device used to reproduce the records on the film
or reproducing material shall accurately reproduce and perpetuate
the original records in all detail.
2. The photostatic copy, photograph, microphotograph,
photographic film, or computerized image of the original record
shall be deemed to be an original record for all purposes and shall
be admissible as evidence in all courts or administrative agencies.
A facsimile, exemplification, or certified copy thereof shall be
deemed to be a transcript, exemplification, or certified copy of the
original.
3. The photostatic copies, photographs, microphotographs,
reproduction on film, or computerized images shall be placed in
conveniently accessible files and provisions shall be made for
preserving, examining, and using copies, photographs,
microphotographs, reproductions on film, and computerized images.
The Director is empowered to authorize the disposal, archival
storage, or the destruction of the original records or papers.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 2022, c. 282, § 7, emerg. eff. May 19, 2022.
§47-3-108. Interagency agreements.
A. The Director may enter into interagency agreements for the
inspection, release, and disclosure of information contained in the
records of Service Oklahoma to the extent that the inspection,
release, or disclosure is necessary and appropriate.
B. The Director may enter into interagency agreements in order
to administer the responsibilities pursuant to the provisions of
this act, including, but not limited to, the receipt of proceeds for
the provision of services provided by Service Oklahoma.
C. The Director may enter into interagency agreements with the
Department of Public Safety to assume control over the operations or
management and acquire ownership of any satellite offices of the
Department of Public Safety that provide driving services.
Added by Laws 2022, c. 282, § 8, emerg. eff. May 19, 2022.
§47-3-109. Administrative rules.
On the effective date of this act, the administrative rules
related to any services provided by Service Oklahoma previously
promulgated by the Department of Public Safety, the Oklahoma Tax
Commission, and any other state agency shall be transferred to and
become a part of the administrative rules of Service Oklahoma. The
Office of Administrative Rules in the Office of the Secretary of
State shall provide adequate notice in "The Oklahoma Register" of
the transferred rules and shall place the transferred rules under
the Administrative Code section of Service Oklahoma. On the
effective date of this act, any amendment, repeal, or addition to
the transferred rules shall be under the rulemaking authority of
Service Oklahoma.
Added by Laws 2022, c. 282, § 9, emerg. eff. May 19, 2022.
§47-3-110. Authority to administer oaths and acknowledge signatures
– Release of records.
A. Officers and employees of Service Oklahoma designated by the
Director for the purpose of administering the motor vehicle laws of
this state are authorized to administer oaths and acknowledge
signatures and shall do so without fee.
B. The Director and such officers of Service Oklahoma as the
Director may designate are hereby authorized to prepare under the
seal of Service Oklahoma and deliver upon request a certified copy
of any record of Service Oklahoma, charging a fee of Three Dollars
($3.00) for each record so certified, and every such certified copy
shall be admissible in any proceeding in any court in like manner as
the original thereof. A certification fee shall be charged:
1. Only if the person requesting the record specifically
requests that the record be certified; and
Oklahoma Statutes - Title 47. Motor Vehicles
2. In addition to the copying and reproduction fees provided by
the Oklahoma Open Records Act and any other applicable law.
C. The Director and such officers of Service Oklahoma as the
Director may designate are hereby authorized to provide at no charge
a copy of any record required to be maintained by Service Oklahoma
to any of the following government agencies when requested in the
performance of official governmental duties:
1. The driver license agency of any other state;
2. Any court, district attorney, or municipal prosecutor in
this state or any other state;
3. Any law enforcement agency in this state or any other state
or any federal agency empowered by law to make arrests for public
offenses;
4. Any public school district in this state for purposes of
providing the Motor Vehicle Report of a currently employed school
bus driver or person making application for employment as a school
bus driver;
5. The Department of Human Services for the purpose of
providing the Motor Vehicle Report to ascertain the suitability of
any person being considered by the Department of Human Services for
placement of a child in foster care or adoption of the child;
6. The Office of Juvenile Affairs for the purpose of providing
the Motor Vehicle Report to ascertain the suitability of any person
being considered by the Office of Juvenile Affairs for placement of
a child in foster care;
7. Any nonprofit provider exempt from federal income tax
pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986,
as amended, and contracted by the Developmental Disabilities
Services Division of the Oklahoma Department of Human Services; or
8. Any state agency in this state.
D. Any record required to be maintained by Service Oklahoma may
be released to any other entity free of charge when the release of
the record would be for the benefit of the public, as determined by
the Director or a designee of the Director.
E. The following records shall be provided by Service Oklahoma
to any authorized recipient, pursuant to the provisions of the
Driver's Privacy Protection Act, 18 U.S.C., Sections 2721 through
2725, upon payment of the appropriate fees for the records:
1. A Motor Vehicle Report, as defined in Section 6-117 of Title
47 of the Oklahoma Statutes; and
2. A copy of any driving record related to the Motor Vehicle
Report.
F. 1. The provisions of subsections B, D, and E of this
section and the Oklahoma Open Records Act shall not apply to the
release of personal information from any driving record of any
person. Such personal information shall be confidential except as
provided for in this subsection or in the provisions of the Driver's
Oklahoma Statutes - Title 47. Motor Vehicles
Privacy Protection Act, 18 U.S.C., Sections 2721 through 2725. Upon
written request to the Director of Service Oklahoma by a law
enforcement agency or another state's or country's driver licensing
agency for personal information on a specific individual as named or
otherwise identified in the written request, to be used in the
official capacity of the agency, the Director may release such
personal information to the agency pursuant to the provisions of the
Driver's Privacy Protection Act, 18 U.S.C., Sections 2721 through
2725. Provided, the provisions of this subsection or any other
provision of this act shall not be construed to keep audio or video
recordings of Service Oklahoma confidential beyond any exception
provided for in the Oklahoma Open Records Act.
2. For the purposes of this subsection, "personal information"
means information which identifies a person, including, but not
limited to, a photograph or image of the person in computerized
format, fingerprint image in computerized format, signature or
signature in computerized format, Social Security number, residence
address, mailing address, and medical or disability information.
Added by Laws 2022, c. 282, § 10, emerg. eff. May 19, 2022.
§47-4-101. Exceptions from provisions of this chapter.
This chapter does not apply to the following unless a title or
registration has been issued on such vehicles under this act:
1. A vehicle moved solely by animal power;
2. An implement of husbandry, except as provided in Section 4102 and 4-104 of this title;
3. Special mobilized machinery;
4. A self-propelled invalid wheel chair or tricycle.
Amended by Laws 1987, c. 224, § 12, eff. Nov. 1, 1987. Amended by
Laws 1987, c. 224, § 12, eff. Nov. 1, 1987.
§47-4-102. Unauthorized use of vehicle - Punishment.
A. A person not entitled to possession of a vehicle who,
without the consent of the owner and with intent to deprive the
owner, temporarily or otherwise, of the vehicle or its possession,
takes, uses or drives the vehicle shall, upon conviction, be guilty
of a Class D3 felony offense punishable by imprisonment as provided
for in subsections B through F of Section 20P of Title 21 of the
Oklahoma Statutes.
B. A person not entitled to possession of an implement of
husbandry who, without the consent of the owner and with intent to
deprive the owner, temporarily or otherwise, of the implement of
husbandry or its possession, takes, uses or drives the implement of
husbandry shall, upon conviction, be guilty of a Class D1 felony
offense punishable in accordance with the provisions of Section 17102 of this title.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1961, p. 336, § 4-102, eff. Sept. 1, 1961. Amended by
Laws 1987, c. 224, § 13, eff. Nov. 1, 1987; Laws 1997, c. 133, §
471, eff. July 1, 1999; Laws 2018, c. 116, § 16, eff. Nov. 1, 2018;
Laws 2025, c. 486, § 511, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 471 from July 1, 1998, to July 1, 1999.
§47-4-103. Unauthorized use of a vehicle known to be stolen Punishment.
A. A person not entitled to the possession of a vehicle who
receives, possesses, conceals, sells, or disposes of it, knowing the
vehicle to be stolen or converted under circumstances constituting a
crime shall, upon conviction, be guilty of a Class D3 felony offense
punishable by imprisonment as provided for in subsections B through
F of Section 20P of Title 21 of the Oklahoma Statutes.
B. A person not entitled to the possession of an implement of
husbandry who receives, possesses, conceals, sells or disposes of
it, knowing the implement of husbandry to be stolen or converted
under circumstances constituting a crime shall, upon conviction, be
guilty of a Class D1 felony offense punishable in accordance with
the provisions of Section 17-102 of this title.
Added by Laws 1961, p. 336, § 4-103, eff. Sept. 1, 1961. Amended by
Laws 1997, c. 133, § 472, eff. July 1, 1999; Laws 2009, c. 373, § 3,
eff. Nov. 1, 2009; Laws 2018, c. 116, § 17, eff. Nov. 1, 2018; Laws
2025, c. 486, § 512, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 472 from July 1, 1998, to July 1, 1999.
§47-4-104. Damaging or tampering with vehicle or implement of
husbandry.
(a) A person, who, with intent and without right to do so,
injures or tampers with any vehicle or implement of husbandry or in
any other manner damages any part or portion of said vehicle or
implement of husbandry or any accessories, appurtenance or
attachments thereto is guilty of a misdemeanor.
(b) A person, who, without right to do so and with intent to
commit a crime, climbs into or upon a vehicle or implement of
husbandry whether it is in motion or at rest, attempts to manipulate
any of the levers, starting mechanism, brakes or other mechanism or
device of a vehicle or implement of husbandry while the same is at
rest and unattended, or sets in motion any vehicle or implement of
husbandry while the same is at rest and unattended is guilty of a
misdemeanor.
(c) This section shall not apply as stated in Section 11-1002 of
this title.
Amended by Laws 1987, c. 224, § 14, eff. Nov. 1, 1987.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-4-105. Stolen, converted, recovered and unclaimed vehicles.
A. It shall be the duty of every sheriff, chief of police or
peace officer to make immediate report to the Department of Public
Safety of all vehicles reported to their respective jurisdictions as
being stolen or recovered. Such report shall be made as prescribed
by the Department.
B. An owner or a lienholder may report the theft of a vehicle,
or its conversion if a crime, to the Department, but the Department
may disregard the report of a conversion unless a warrant has been
issued for the arrest of a person charged with the conversion. A
person who has so reported the theft or conversion of a vehicle
shall, forthwith after learning of its recovery, report the recovery
to the Department.
C. An operator of a place of business for garaging, repairing,
parking or storing vehicles for the public, in which a vehicle
remains unclaimed for a period of thirty (30) days, shall, within
five (5) days after the expiration of that period, report the
vehicle as unclaimed to the Department. Such report shall be on a
form prescribed by the Department.
A vehicle left by its owner whose name and address are known to
the operator or employee of the operator is not considered
unclaimed. A person who fails to report a vehicle as unclaimed in
accordance with this subsection forfeits all claims and liens for
its garaging, parking or storing and is guilty of a misdemeanor
punishable by a fine or not more than Twenty-five Dollars ($25.00)
for each day the failure to report continues.
D. The Department shall maintain and appropriately index
cumulative public records of stolen, converted, recovered and
unclaimed vehicles reported to it pursuant to this section. The
Department may make and distribute weekly lists of such vehicles so
reported to it to peace officers upon request without fee and to
others for the fee, if any, the Department prescribes.
E. Any peace officer who has reason to believe or upon
receiving information that a motor vehicle has been stolen shall
have and is hereby vested with authority to confiscate and hold such
vehicle until satisfactory proof of ownership is established.
Provided, any vehicle that is towed by a licensed wrecker operator
pursuant to the provisions of Section 954A of this title shall be
returned to the licensed wrecker operator prior to any other claim
or assertion of ownership.
Added by Laws 1961, p. 337, § 4-105, eff. Sept. 1, 1961. Amended by
Laws 2003, c. 279, § 3, emerg. eff. May 26, 2003; Laws 2012, c. 197,
§ 1, eff. Nov. 1, 2012.
§47-4-106.
False report of theft or conversion.
Oklahoma Statutes - Title 47. Motor Vehicles
A person who knowingly makes a false report of the theft or
conversion of a vehicle to a peace officer or to the Department is
guilty of a misdemeanor.
Laws 1961, p. 337, § 4-106.
§47-4-107. Removed, falsified or unauthorized identification.
A. Any person or persons who shall destroy, remove, cover,
alter or deface, or cause to be destroyed, removed, covered, altered
or defaced, the engine number or other distinguishing number of any
vehicle in this state, without first giving notice of such act to
Service Oklahoma, upon such form as Service Oklahoma may prescribe,
or any person who shall give a wrong description in any application
for the registration of any vehicle in this state for the purpose of
concealing or hiding the identity of such vehicle, shall be deemed
guilty of a Class D1 felony offense and upon conviction thereof
shall be punished by imprisonment as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes.
B. A person who buys, receives, possesses, sells or disposes of
a vehicle or an engine for a vehicle, knowing that the
identification number of the vehicle or engine has been removed or
falsified, shall, upon conviction, be guilty of a misdemeanor.
C. A person who buys, receives, possesses, sells or disposes of
a vehicle or an engine for a vehicle, with knowledge that the
identification number of the vehicle or engine has been removed or
falsified and with intent to conceal or misrepresent the identity of
the vehicle or engine, shall, upon conviction, be guilty of a Class
D1 felony offense and shall be punished as provided for in
subsections B through F of Section 20N of Title 21 of the Oklahoma
Statutes.
D. A person who removes a license plate from a vehicle or
affixes to a vehicle a license plate not authorized by law for use
on said vehicle with intent to conceal or misrepresent the identity
of the vehicle or its owner shall, upon conviction, be guilty of a
misdemeanor.
E. As used in this section:
1. "Identification number" includes an identifying number,
serial number, engine number or other distinguishing number or mark,
placed on a vehicle or engine by its manufacturer or by authority of
the Oklahoma Tax Commission or in accordance with the laws of
another state or country;
2. "Remove" includes deface, cover and destroy; and
3. "Falsify" includes alter and forge.
F. An identification number may be placed on a vehicle or
engine by its manufacturer in the regular course of business or
placed or restored on a vehicle or engine by authority of Service
Oklahoma without violating this section; provided, an identification
number so placed or restored is not falsified.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1961, p. 337, § 4-107, eff. Sept. 1, 1961. Amended by
Laws 1981, c. 118, § 5; Laws 1984, c. 253, § 1, operative July 1,
1984; Laws 1997, c. 133, § 473, eff. July 1, 1999; Laws 1999, 1st
Ex. Sess., c. 5, § 341, eff. July 1, 1999; Laws 2022, c. 282, § 35,
emerg. eff. May 19, 2022; Laws 2025, c. 486, § 513, eff. Jan. 1,
2026.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 473 from July 1, 1998, to July 1, 1999.
§47-4-107a. Offenses in connection with trim tag plates Exceptions - Penalties - Civil remedies - Definitions.
A. It shall be unlawful for any person to:
1. Knowingly and intentionally destroy, remove, cover, alter or
deface, or cause to be destroyed, covered, removed, altered or
defaced the trim tag plate of a motor vehicle manufactured from 1953
to 1977;
2. Knowingly affix a counterfeit trim tag plate to a motor
vehicle;
3. Manufacture, offer for sale, sell, introduce, import or
deliver for sale or use in this state a counterfeit trim tag plate;
or
4. Offer for sale, sell, introduce, import or deliver for sale
or use in this state a trim tag plate that was affixed to a motor
vehicle at the time of manufacture but has since been removed or
become dislodged.
B. Paragraph 1 of subsection A of this section shall not apply
to:
1. Any person who engages in repair of a motor vehicle,
provided that removal of the vehicle's trim tag plate is reasonably
necessary for repair of a part of the vehicle to which the trim tag
plate is affixed, and provided that such trim tag plate is not
intentionally destroyed, altered or defaced; or
2. Removal of a trim tag from a motor vehicle which is being
junked or otherwise destroyed, if the removal is being done for
historical documentation purposes by a person actively involved in
judging events or for historical documentation of classic motor
vehicles and reasonable precaution is taken to ensure that the tag
is not sold or affixed to another motor vehicle.
C. Any person convicted of violating the provisions of this act
shall be guilty of a misdemeanor. Any person convicted of violating
the provisions of this act a second or subsequent time shall be
guilty of a Class D1 felony offense and shall be punished as
provided for in subsections B through F of Section 20N of Title 21
of the Oklahoma Statutes.
D. In addition to any other civil remedy available, a person
defrauded as a result of a violation of this act may bring a civil
action against any person who knowingly violated this act regardless
Oklahoma Statutes - Title 47. Motor Vehicles
of whether that person has been convicted of a violation of this
act. A person defrauded as a result of a violation of this act may
recover treble their actual compensatory damages. In any action
brought pursuant to this subsection, the court may award reasonable
costs, including costs of expert witnesses, and attorney fees to the
prevailing party.
E. As used in this section:
1. "Trim tag plate" means a plate or tag affixed to a motor
vehicle by the manufacturer which displays numbers, symbols, or
codes that identify characteristics of the vehicle including, but
not limited to, date of manufacture, body style, paint color, engine
option, transmission option, trim option, general option, interior
option, and interior color;
2. "Counterfeit trim tag plate" means:
a.
any trim tag plate manufactured by a person or entity
other than the original manufacturer of a motor
vehicle upon which the trim tag plate is designed to
be affixed, unless the trim tag has been permanently
stamped, in the same manner as other information on
the trim tag, with the words “REPLACEMENT TAG” in
letters measuring at least one-eighth (1/8) of an inch
in height, or
b.
any trim tag plate which has been altered from its
original manufactured condition so as to change any of
its numbers, symbols, or codes; and
3. "Motor vehicle" means the same as defined in Section 1-134
of this title.
Added by Laws 2007, c. 96, § 1, eff. Nov. 1, 2007. Amended by Laws
2025, c. 486, § 514, eff. Jan. 1, 2026.
§47-4-108. False statements of material facts - Punishment.
Any person who shall knowingly make any false statement of a
material fact, either in his application for the certificate of
title herein provided for, or in any assignment thereof, or who,
with intent to procure or pass title to a motor vehicle which he
knows, or has reason to believe, has been stolen, shall receive or
transfer possession of the same from or to another, or who shall
have in his possession any motor vehicle which he knows or has
reason to believe has been stolen, and who is not an officer of the
law engaged at the time in the performance of his duty as such
officer, shall be deemed guilty of a Class C2 felony offense, and
upon conviction thereof shall be fined not less than One Hundred
Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00),
or imprisoned as provided for in subsections B through F of Section
20M of Title 21 of the Oklahoma Statutes, or by both such fine and
imprisonment, at the discretion of the court. This provision shall
not be exclusive of any other penalties prescribed by an existing or
Oklahoma Statutes - Title 47. Motor Vehicles
future law for the larceny or unauthorized taking of a motor
vehicle.
Added by Laws 1961, p. 338, § 4-108, eff. Sept. 1, 1961. Amended by
Laws 1997, c. 133, § 474, eff. July 1, 1999; Laws 1999, 1st
Ex.Sess., c. 5, § 342, eff. July 1, 1999; Laws 2025, c. 486, § 267,
eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 474 from July 1, 1998, to July 1, 1999.
§47-4-109. Altering or forging certificate of title - Punishment.
Any person who shall alter or forge, or cause to be altered or
forged, any certificate of title issued by Service Oklahoma,
pursuant to the provisions of this act, or any assignment thereof,
or who shall hold or use any such certificate or assignment, knowing
the same to have been altered or forged, shall be deemed guilty of a
Class C2 felony offense, and upon conviction thereof shall be liable
to pay a fine of not less than Fifty Dollars ($50.00), nor more than
Five Thousand Dollars ($5,000.00), or to imprisonment as provided
for in subsections B through F of Section 20M of Title 21 of the
Oklahoma Statutes, or by both such fine and imprisonment, at the
discretion of the court.
Added by Laws 1961, p. 338, § 4-109, eff. Sept. 1, 1961. Amended by
Laws 1997, c. 133, § 475, eff. July 1, 1999; Laws 1999, 1st Ex.
Sess., c. 5, § 343, eff. July 1, 1999; Laws 2022, c. 282, § 36,
emerg. eff. May 19, 2022; Laws 2025, c. 486, § 268, eff. Jan. 1,
2026.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 475 from July 1, 1998, to July 1, 1999.
§47-4-110. Offenses in connection with certificates of title.
A. Except as otherwise authorized by law, it shall be unlawful
for any person to commit any of the following acts:
1. To lend or to sell to, or knowingly permit the use of by,
one not entitled thereto any certificate of title or number plate
issued to or in the custody of the person so lending or permitting
the use thereof;
2. To alter or in any manner change a certificate of title,
registration certificate or number plate issued under the laws of
this state or any other state;
3. To purchase identification or number plates on an assigned
certificate of title. This paragraph shall be applicable to all
persons except bona fide registered dealers in used motor vehicles
who are holders of current and valid used motor vehicle dealers'
licenses;
4. To sell or dispose of, in any manner, a used vehicle without
delivering to the purchaser an Oklahoma certificate of title in such
Oklahoma Statutes - Title 47. Motor Vehicles
purchaser's name or one properly and completely assigned to the
purchaser at the time of sale.
Anyone violating any of the provisions of this subsection, upon
conviction, shall be guilty of a misdemeanor and shall be fined not
less than Ten Dollars ($10.00) and not to exceed One Hundred Dollars
($100.00).
B. Except as otherwise authorized by law, no person shall:
1. Lend or sell to, or knowingly permit the use of by, one not
entitled thereto any certificate of title issued for a manufactured
home, manufactured home registration receipt, Manufactured Home
Registration Decal or excise tax receipt;
2. Alter or in any manner change a certificate of title issued
for a manufactured home under the laws of this state or any other
state;
3. Remove or alter a manufactured home registration receipt,
Manufactured Home Registration Decal or excise tax receipt attached
to a certificate of title or attach such receipts to a certificate
of title with the intent to misrepresent the payment of the required
excise tax and registration fees;
4. Purchase identification, manufactured home registration
receipt, Manufactured Home Registration Decal or excise tax receipt
on an assigned certificate of title.
Anyone violating the provisions of this subsection, upon
conviction, shall be guilty of a Class D1 felony offense and shall
be punished as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes.
C. Any violation of any portion of this section for which a
specific penalty has not been imposed shall constitute a misdemeanor
and upon conviction thereof the person having violated it shall be
fined not less than Ten Dollars ($10.00) and not to exceed One
Hundred Dollars ($100.00).
Added by Laws 1961, p. 338, § 4-110, eff. Sept. 1, 1961. Amended by
Laws 1980, c. 85, § 1, eff. Jan. 1, 1981; Laws 1981, c. 118, § 6;
Laws 1984, c. 253, § 2, operative July 1, 1984; Laws 1997, c. 133, §
476, eff. July 1, 1999; Laws 2025, c. 486, § 515, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 476 from July 1, 1998, to July 1, 1999.
§47-4-111. Inspection of public garage or repair shop or place
where vehicles are held for sale or wrecking for purpose of locating
stolen vehicles and investigating title and registration thereof.
Any peace officer of the state may inspect any vehicle of a type
required to be registered hereunder in any public garage or repair
shop or in any place where such vehicles are held for sale or
wrecking, for the purpose of locating stolen vehicles and
investigating the title and registration thereof.
Added by Laws 1993, c. 113, § 2, eff. Sept. 1, 1993.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-5-101.
Repealed by Laws 1963, c. 138, § 3, eff. June 4, 1963.
§47-6-101. See the following versions:
OS 47-6-101v1 (SB 623, Laws 2023, c. 310, § 13)
OS 47-6-101v2 (HB 1854, Laws 2024, c. 11, § 2)
OS 47-6-101v3 (SB 1108, Laws 2025, c. 171, § 3)
OS 47-6-101v4 (HB 1751, Laws 2025, c. 330, § 3)
§47-6-101.1. Licenses for persons under twenty-one years of age.
A. Any license issued pursuant to Sections 6-101, 6-105 or 6114 of this title to any person under twenty-one (21) years of age
shall be of special design, easily recognizable as the license of
such a person and shall include the language "UNDER 21" on the face
of the license.
B. When a person who has been issued a license designated to be
the license of a person under twenty-one (21) years of age attains
the age of twenty-one (21) years, said person may obtain a
replacement license without said designation upon payment of the fee
required for a duplicate license and by furnishing proof
satisfactory to Service Oklahoma or the licensed operator that said
person has attained the age of twenty-one (21) years.
Added by Laws 1985, c. 338, § 1, eff. Jan. 1, 1986. Amended by Laws
1992, c. 217, § 4, eff. July 1, 1992; Laws 1993, c. 97, § 2, eff.
Sept. 1, 1993; Laws 2022, c. 282, § 38, emerg. eff. May 19, 2022.
§47-6-101.2.
30, 2007.
Repealed by Laws 2007, c. 62, § 35, emerg. eff. April
§47-6-101.3.
30, 2007.
Repealed by Laws 2007, c. 62, § 35, emerg. eff. April
§47-6-101.4.
30, 2007.
Repealed by Laws 2007, c. 62, § 35, emerg. eff. April
§47-6-101.5.
30, 2007.
Repealed by Laws 2007, c. 62, § 35, emerg. eff. April
§47-6-101v1. Class requirements for driver licenses - Commercial
motor vehicles - Commercial learner permit - Hazardous materials Class D motor vehicles - Motorcycle endorsement - Restricted driver
license - Fees - Expiration - Issuance and renewal - Allocation of
monies - Identification photographs database.
A. No person, except those hereinafter expressly exempted in
Sections 6-102 and 6-102.1 of this title, shall operate any motor
vehicle upon a highway in this state unless the person has a valid
Oklahoma driver license for the class of vehicle being operated
Oklahoma Statutes - Title 47. Motor Vehicles
under the provisions of this title. No person shall be permitted to
possess more than one valid license at any time, except as provided
in paragraph 4 of subsection F of this section.
B. 1. No person shall operate a Class A commercial motor
vehicle unless the person is eighteen (18) years of age or older and
holds a valid Class A commercial license, except as provided in
paragraph 5 of this subsection and subsection F of this section.
Any person holding a valid Class A commercial license shall be
permitted to operate motor vehicles in Classes A, B, C and D, except
as provided for in paragraph 4 of this subsection.
2. No person shall operate a Class B commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class B commercial license, except as provided in paragraph 5
of subsection F of this section. Any person holding a valid Class B
commercial license shall be permitted to operate motor vehicles in
Classes B, C and D, except as provided for in paragraph 4 of this
subsection.
3. No person shall operate a Class C commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class C commercial license, except as provided in subsection F
of this section. Any person holding a valid Class C commercial
license shall be permitted to operate motor vehicles in Classes C
and D, except as provided for in paragraph 4 of this subsection.
4. No person under twenty-one (21) years of age shall be
licensed to operate any motor vehicle which is required to be
placarded for hazardous materials pursuant to 49 C.F.R., Part 172,
subpart F, except as provided in subsection F of this section;
provided, a person eighteen (18) years of age or older may be
licensed to operate a farm vehicle which is required to be placarded
for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F,
except as provided in subsection F of this section.
5. A person at least seventeen (17) years of age who
successfully completes all examinations required by law may be
issued by Service Oklahoma:
a.
a restricted Class A commercial license which shall
grant to the licensee the privilege to operate a Class
A or Class B commercial motor vehicle for harvest
purposes or a Class D motor vehicle, or
b.
a restricted Class B commercial license which shall
grant to the licensee the privilege to operate a Class
B commercial motor vehicle for harvest purposes or a
Class D motor vehicle.
6. No person shall operate a Class D motor vehicle unless the
person is sixteen (16) years of age or older and holds a valid Class
D license, except as provided for in Section 6-102 or 6-105 of this
title. Any person holding a valid Class D license shall be
permitted to operate motor vehicles in Class D only.
Oklahoma Statutes - Title 47. Motor Vehicles
C. Any person issued a driver license pursuant to this section
may exercise the privilege thereby granted upon all streets and
highways in this state.
D. No person shall operate a motorcycle or motor-driven cycle
without having a valid Class A, B, C or D license with a motorcycle
endorsement. Except as otherwise provided by law, any new applicant
for an original driver license shall be required to successfully
complete a written examination, vision examination and driving
examination for a motorcycle as prescribed by the Department of
Public Safety, in conjunction with Service Oklahoma, and a certified
state-approved motorcycle basic rider course approved by the
Department, in conjunction with Service Oklahoma, if the applicant
is seventeen (17) years of age or younger to be eligible for a
motorcycle endorsement thereon. The written examination and driving
examination for a motorcycle shall be waived by Service Oklahoma
upon verification that the person has successfully completed a
certified Motorcycle Safety Foundation rider course approved by the
Department, in conjunction with Service Oklahoma.
E. Except as otherwise provided by law, any person who lawfully
possesses a valid Oklahoma driver license which is eligible for
renewal shall be required to successfully complete a written
examination, vision examination and driving examination for a
motorcycle as prescribed by the Department, in conjunction with
Service Oklahoma, and a certified state-approved motorcycle basic
rider course approved by the Department, in conjunction with Service
Oklahoma, if the person is seventeen (17) years of age or younger to
be eligible for a motorcycle endorsement. The written examination
and driving examination for a motorcycle shall be waived by Service
Oklahoma upon verification that the person has successfully
completed a certified Motorcycle Safety Foundation rider course
approved by the Department, in conjunction with Service Oklahoma.
F. 1. Any person eighteen (18) years of age or older may apply
for a restricted Class A, B or C commercial learner permit. Service
Oklahoma, after the applicant has passed all parts of the
examination for a Class D license and has successfully passed all
parts of the examination for a Class A, B or C commercial license
other than the driving examination, may issue to the applicant a
commercial learner permit which shall entitle the person having
immediate lawful possession of the commercial learner permit and a
valid Oklahoma driver license or provisional driver license pursuant
to Section 6-212 of this title to operate a Class A, B or C
commercial motor vehicle upon the public highways solely for the
purpose of behind-the-wheel training in accordance with rules
promulgated by the Department.
2. This commercial learner permit shall be issued for a period
as provided in Section 6-115 of this title of one year; provided,
such commercial learner permit may be suspended, revoked, canceled,
Oklahoma Statutes - Title 47. Motor Vehicles
denied or disqualified at the discretion of the Department, with
notice to Service Oklahoma, for violation of the 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. Except as otherwise
provided, the lawful possessor of a commercial learner permit who
has been issued a commercial learner permit for a minimum of
fourteen (14) days may have the restriction requiring an
accompanying driver removed by satisfactorily completing a driver’s
examination; provided, the removal of a restriction shall not
authorize the operation of a Class A, B or C commercial motor
vehicle if such operation is otherwise prohibited by law.
3. No person shall apply for and Service Oklahoma shall not
issue an original Class A, B or C driver license until the person
has been issued a commercial learner permit and held the permit for
at least fourteen (14) days. Any person who currently holds a Class
B or C license and who wishes to apply for another class of
commercial driver license shall be required to apply for a
commercial learner permit and to hold the permit for at least
fourteen (14) days before applying for the Class A or B license, as
applicable. Any person who currently holds a Class A, B or C
license and who wishes to add an endorsement or remove a restriction
for which a skills examination is required shall be required to
apply for a commercial learner permit and to hold the permit for at
least fourteen (14) days before applying for the endorsement.
4. A commercial learner permit shall be issued by Service
Oklahoma as a separate and unique document which shall be valid only
in conjunction with a valid Oklahoma driver license or provisional
driver license pursuant to Section 6-212 of this title, both of
which shall be in the possession of the person to whom they have
been issued whenever that person is operating a commercial motor
vehicle as provided in this subsection.
5. After one renewal of a commercial learner permit, as
provided in paragraph 2 of this subsection, a commercial permit
shall not be renewed again. Any person who has held a commercial
learner permit for the initial issuance period and one renewal
period shall not be eligible for and Service Oklahoma shall not
issue another renewal of the permit; provided, the person may
reapply for a new commercial learner permit, as provided for in this
subsection.
G. 1. For purposes of this title:
a.
“REAL ID Compliant Driver License” or “Identification
Card” means a driver license or identification card
issued by the State of Oklahoma that has been
certified by the United States Department of Homeland
Security (USDHS) as compliant with the requirements of
the REAL ID Act of 2005, Public Law No. 109-13. A
Oklahoma Statutes - Title 47. Motor Vehicles
2.
REAL ID Compliant Driver License or Identification
Card and the process through which it is issued
incorporate a variety of security measures designed to
protect the integrity and trustworthiness of the
license or card. A REAL ID Compliant Driver License
or Identification Card will be clearly marked on the
face indicating that it is a compliant document, and
b.
“REAL ID Noncompliant Driver License” or
“Identification Card” means a driver license or
identification card issued by the State of Oklahoma
that has not been certified by the United States
Department of Homeland Security (USDHS) as being
compliant with the requirements of the REAL ID Act. A
REAL ID Noncompliant Driver License or Identification
Card will be clearly marked on the face indicating
that it is not compliant with the federal REAL ID Act
and is not acceptable for official federal purposes.
The driver license or identification card will have a
unique design or color indicator that clearly
distinguishes it from a compliant license or card.
Original Driver License and Identification Card Issuance:
a.
Application for an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
shall be made to Service Oklahoma. Beginning January
1, 2023, application for an original REAL ID Compliant
Driver License or Identification Card may be made to
Service Oklahoma or a licensed operator provided such
licensed operator is authorized to process
applications for REAL ID Compliant Driver Licenses and
Identification Cards. Applications for a REAL ID
Noncompliant Driver License or Identification Card
shall be made to Service Oklahoma.
b.
Service Oklahoma employees shall perform all document
recognition and other requirements needed for approval
of an original REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Card
application. Beginning January 1, 2023, Service
Oklahoma employees or authorized licensed operators
shall perform all document recognition and other
requirements necessary for approval of an original
REAL ID Compliant Driver License or Identification
Card application. Service Oklahoma employees shall
perform all document recognition and other
requirements necessary for approval of a REAL ID
Noncompliant Driver License or Identification Card
application.
Oklahoma Statutes - Title 47. Motor Vehicles
c.
Upon approval of an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
application, the applicant may take the approved
application document to a licensed operator to receive
a temporary driver license or identification card.
d.
The licensed operator shall process the approved REAL
ID Compliant or REAL ID Noncompliant Driver License or
Identification Card application and upon payment shall
provide the applicant a temporary driver license or
identification card. A temporary driver license or
identification card shall afford the holder the
privileges otherwise granted by the specific class of
driver license or identification card for the period
of time listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Card,
whichever time period is shorter.
3. REAL ID Compliant Driver License and Identification Card
Renewal and Replacement:
a.
Application for renewal or replacement of a REAL ID
Compliant Driver License or Identification Card may be
made to Service Oklahoma or to a licensed operator;
provided, such licensed operator is authorized to
process application for REAL ID Compliant Driver
Licenses and Identification Cards. A licensed
operator may process the voluntary downgrade of a REAL
ID Compliant Commercial Driver License to any lower
class license upon request of the licensee; provided,
no additional endorsements or restrictions are placed
on the license.
b.
Service Oklahoma employees or authorized licensed
operators shall perform all document recognition and
other requirements needed for approval of a renewal or
replacement REAL ID Compliant Driver License or
Identification Card application.
c.
Upon approval of a renewal or replacement REAL ID
Compliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from Service
Oklahoma or an authorized licensed operator.
d.
A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or identification
card being renewed or replaced for the period of time
listed on the temporary driver license or
Oklahoma Statutes - Title 47. Motor Vehicles
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant Driver License
or Identification Card, whichever time period is
shorter.
e.
For purposes of this title, an application for a REAL
ID Compliant Driver License or Identification Card by
an individual with a valid Oklahoma-issued driver
license or identification card shall be considered a
renewal of a REAL ID Compliant Driver License or
Identification Card.
4. REAL ID Noncompliant Driver License and Identification Card
Renewal and Replacement:
a.
Application for renewal or replacement of a REAL ID
Noncompliant Driver License or Identification Card may
be made to Service Oklahoma or to a licensed operator.
A licensed operator may process the voluntary
downgrade of a REAL ID Noncompliant Commercial Driver
License to any lower class license upon request of the
licensee; provided, no additional endorsements or
restrictions are added to the license.
b.
Service Oklahoma employees or licensed operators shall
perform all document recognition and other
requirements needed for approval of a renewal or
replacement REAL ID Noncompliant Driver License or
Identification Card application.
c.
Upon approval of a renewal or replacement REAL ID
Noncompliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from Service
Oklahoma or a licensed operator.
d.
A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or identification
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Noncompliant Driver
License or Identification Card, whichever time period
is shorter.
H. 1. The fee charged for an approved application for an
original Oklahoma REAL ID Compliant or REAL ID Noncompliant Driver
License or an approved application for the addition of an
endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID
Noncompliant Driver License shall be assessed in accordance with the
following schedule:
Oklahoma Statutes - Title 47. Motor Vehicles
Class A Commercial Learner
Permit
$25.00
Class A Commercial License
$25.00
Class B Commercial Learner
Permit
$15.00
Class B Commercial License
$15.00
Class C Commercial Learner
Permit
$15.00
Class C Commercial License
$15.00
Class D License
$ 4.00
Motorcycle Endorsement
$ 4.00
2. Notwithstanding the provisions of Section 1104 of this
title, all monies collected from the fees charged for Class A, B and
C commercial licenses pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fund of this state.
I. The fee charged for any failed examination shall be Four
Dollars ($4.00) for any license classification. Notwithstanding the
provisions of Section 1104 of this title, all monies collected from
such examination fees pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fund of this state.
J. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Noncompliant Driver License shall be in
accordance with the following schedule; provided, that any applicant
who has a CDL Learner Permit shall be charged only the replacement
fee for the issuance of the license:
License Class
4-year
8-year
Class A Commercial Learner
Permit
$56.50
$113.00
Class A Commercial License
$56.50
$113.00
Class B Commercial Learner
Permit
$56.50
$113.00
Class B Commercial License
$56.50
$113.00
Class C Commercial Learner
Permit
$46.50
$93.00
Class C Commercial License
$46.50
$93.00
Class D License
$38.50
$77.00
K. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Compliant Driver License shall be in accordance
with the following schedule; provided, that any applicant who has a
CDL Learner Permit shall be charged only the replacement fee for the
issuance of the license:
License Class
4-year
8-year
REAL ID Compliant Class A
Commercial Learner Permit
$56.50
$113.00
Oklahoma Statutes - Title 47. Motor Vehicles
REAL ID Compliant Class A
Commercial License
$56.50
$113.00
REAL ID Compliant Class B
Commercial Learner Permit
$56.50
$113.00
REAL ID Compliant Class B
Commercial License
$56.50
$113.00
REAL ID Compliant Class C
Commercial Learner Permit
$46.50
$93.00
REAL ID Compliant Class C
Commercial License
$46.50
$93.00
REAL ID Compliant Class D
License
$38.50
$77.00
L. A commercial learner permit may be renewed one time for a
period of one hundred eighty (180) days. The cost for the renewed
permit shall be the same as for the original permit.
M. Notwithstanding the provisions of Section 1104 of this
title, of each fee charged pursuant to the provisions of subsections
J, K and L of this section:
1. Five Dollars and fifty cents ($5.50) of a 4-year license or
Eleven Dollars ($11.00) of an 8-year license shall be deposited to
the Trauma Care Assistance Revolving Fund created in Section 12530.9 of Title 63 of the Oklahoma Statutes;
2. Six Dollars and seventy-five cents ($6.75) of a 4-year
license or Thirteen Dollars and fifty cents ($13.50) of an 8-year
license shall be deposited to the Department of Public Safety
Computer Imaging System Revolving Fund to be used solely for the
purpose of administration and maintenance of the computerized
imaging system of the Department through October 31, 2022.
Beginning November 1, 2022, Six Dollars and seventy-five cents
($6.75) of a 4-year license or Thirteen Dollars and fifty cents
($13.50) of an 8-year license shall be deposited to the Service
Oklahoma Computer Imaging System Revolving Fund to be used solely
for the purpose of administration and maintenance of the
computerized imaging system of Service Oklahoma;
3. Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Department
of Public Safety Revolving Fund for all original or renewal
issuances of licenses through October 31, 2022. Beginning November
1, 2022, Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Service
Oklahoma Revolving Fund for all original or renewal issuances of
licenses; and
4. Five Dollars ($5.00) of a 4-year license or Six Dollars
($6.00) of an 8-year license shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title.
N. All original and renewal driver licenses shall expire as
provided in Section 6-115 of this title.
Oklahoma Statutes - Title 47. Motor Vehicles
O. Any person sixty-two (62) years of age or older during the
calendar year of issuance or renewal of a Class D license or
motorcycle endorsement shall be charged the following prorated fee:
4-year
8-year
Age 62
$21.25
$42.50
Age 63
$17.50
$35.00
Age 64
$13.75
$27.50
Age 65
-0P. No person who has been honorably discharged from active
service in any branch of the Armed Forces of the United States or
Oklahoma National Guard and who has been certified by the United
States Department of Veterans Affairs, its successor or the Armed
Forces of the United States to be a disabled veteran in receipt of
compensation at the one-hundred-percent rate for a permanent
disability sustained through military action or accident resulting
from disease contracted while in such active service and registered
with the veterans registry created by the Oklahoma Department of
Veterans Affairs shall be charged a fee for the issuance,
replacement or renewal of an Oklahoma driver license; provided, that
if a veteran has been previously exempt from a fee pursuant to this
subsection, no registration with the veterans registry shall be
required.
Q. In accordance with the provisions of subsection G of this
section, Service Oklahoma is authorized to promulgate rules for the
issuance and renewal of driver licenses authorized pursuant to the
provisions of Sections 6-101 through 6-309 of this title; provided,
that no such rules applicable to the issuance or renewal of REAL ID
Noncompliant Driver Licenses shall create more stringent standards
than such rules applicable as of January 1, 2017, unless directly
related to a specific change in statutory law concerning standards
for REAL ID Noncompliant Driver Licenses. Applications, upon forms
approved by Service Oklahoma, for such licenses shall be handled, in
accordance with the provisions of subsection G of this section, by
the licensed operator; provided, Service Oklahoma is authorized to
assume these duties in any county of this state. Each licensed
operator accepting applications for driver licenses shall receive
Six Dollars ($6.00) for a 4-year REAL ID Noncompliant Driver License
or Twelve Dollars ($12.00) for an 8-year REAL ID Noncompliant Driver
License or Ten Dollars ($10.00) for a 4-year REAL ID Compliant
Driver License or Twenty Dollars ($20.00) for an 8-year REAL ID
Compliant Driver License to be deducted from the total collected for
each license or renewal application accepted. Beginning July 1,
2022, and ending May 31, 2023, each motor license agent or licensed
operator accepting applications for driver licenses for individuals
over the age of sixty-five (65) years or for applications for driver
licenses pursuant to the provisions of subsection P of this section
shall receive Six Dollars ($6.00) for a 4-year driver license or
Oklahoma Statutes - Title 47. Motor Vehicles
Twelve Dollars ($12.00) for an 8-year drive license, to be deducted
daily by the motor license agent or licensed operator receipts. The
amount retained pursuant to this subsection shall not be retained by
any state agency. The fees received by the licensed operator,
authorized by this subsection, shall be used for operating expenses.
For purposes of this subsection, “licensed operator” shall mean an
individual who obtains a license from the Service Oklahoma Operator
Board to operate a designated Service Oklahoma location and offers
third-party fulfillment of designated services to be rendered by
Service Oklahoma.
R. Notwithstanding the provisions of Section 1104 of this title
and subsection Q of this section and except as provided in
subsections H and M of this section, the first Sixty Thousand
Dollars ($60,000.00) of all monies collected pursuant to this
section shall be paid by the Oklahoma Tax Commission to the State
Treasurer to be deposited in the General Revenue Fund of the State
Treasury.
The next Five Hundred Thousand Dollars ($500,000.00) of monies
collected pursuant to this section shall be paid by the Tax
Commission to the State Treasurer to be deposited each fiscal year
under the provisions of this section to the credit of the Department
of Public Safety Restricted Revolving Fund for the purpose of the
Statewide Law Enforcement Communications System. All other monies
collected in excess of Five Hundred Sixty Thousand Dollars
($560,000.00) each fiscal year shall be apportioned as provided in
Section 1104 of this title, except as otherwise provided in this
section.
S. Service Oklahoma shall retain the images displayed on
licenses and identification cards issued pursuant to the provisions
of Sections 6-101 through 6-309 of this title which may be used
only:
1. By a law enforcement agency for purposes of criminal
investigations, missing person investigations or any law enforcement
purpose which is deemed necessary by the Commissioner of Public
Safety;
2. By the driver licensing agency of another state for its
official purpose; and
3. As provided in Section 2-110 of this title.
All agencies approved by the Oklahoma Law Enforcement
Telecommunications System (OLETS) or the National Law Enforcement
Telecommunications System (NLETS) to receive photographs or
computerized images may obtain them through OLETS or through NLETS.
Photographs or computerized images may be obtained by law
enforcement one inquiry at a time.
The computer system and related equipment acquired for this
purpose must conform to industry standards for interoperability and
Oklahoma Statutes - Title 47. Motor Vehicles
open architecture. The Department of Public Safety may promulgate
rules to implement the provisions of this subsection.
T. No person may hold more than one state-issued or territoryissued REAL ID Compliant Driver License or REAL ID Compliant
Identification Card from Oklahoma or any other state or territory.
Service Oklahoma shall not issue a REAL ID Compliant Driver License
to a person who has been previously issued a REAL ID Compliant
Driver License or REAL ID Compliant Identification Card until such
license or identification card has been surrendered to Service
Oklahoma by the applicant. Service Oklahoma may promulgate rules
related to the issuance of replacement REAL ID Compliant Driver
Licenses in the event of loss or theft.
U. Beginning May 24, 2021, and ending on April 30, 2023, in
addition to the amounts provided in subsection Q of this section, a
licensed operator shall receive Five Dollars ($5.00) for each
processed application for a REAL ID Compliant 4-year Driver License
and Ten Dollars ($10.00) for each processed application for a REAL
ID Compliant 8-year Driver License. Any additional amounts provided
pursuant to this subsection shall not be retained by Service
Oklahoma.
Added by Laws 1961, p. 340, § 6-101, eff. Sept. 1, 1961. Amended by
Laws 1963, c. 94, § 1, emerg. eff. May 27, 1963; Laws 1967, c. 396,
§ 1, emerg. eff. May 24, 1967; Laws 1968, c. 232, § 1, eff. Jan. 1,
1969; Laws 1975, c. 359, § 1, eff. Jan. 1, 1977; Laws 1977, c. 103,
§ 60, emerg. eff. May 30, 1977; Laws 1977, 1st Ex. Sess., c. 3, §
14, emerg. eff. June 21, 1977; Laws 1978, c. 304, § 4; Laws 1980, c.
357, § 23, eff. July 1, 1980; Laws 1983, c. 286, § 17, operative
July 1, 1983; Laws 1985, c. 45, § 1, eff. Jan. 1, 1986; Laws 1985,
c. 179, § 59, operative July 1, 1985; Laws 1987, c. 226, § 3,
operative July 1, 1987; Laws 1988, c. 232, § 1, operative July 1,
1988; Laws 1989, c. 82, § 1, eff. Nov. 1, 1989; Laws 1990, c. 219, §
10, eff. Jan. 1, 1991; Laws 1992, c. 217, § 3, eff. July 1, 1992;
Laws 1992, c. 373, § 6, eff. July 1, 1992; Laws 1993, c. 97, § 1,
eff. Sept. 1, 1993; Laws 1993, c. 243, § 52, eff. Sept. 1, 1993;
Laws 1994, c. 18, § 1, eff. Sept. 1, 1994; Laws 1995, c. 23, § 8,
eff. Nov. 1, 1995; Laws 1996, c. 254, § 1, eff. Nov. 1, 1996; Laws
1997, c. 2, § 4, emerg. eff. Feb. 26, 1997; Laws 1999, c. 342, § 4,
eff. Nov. 1, 1999; Laws 2000, c. 6, § 10, emerg. eff. March 20,
2000; Laws 2000, c. 342, § 3, eff. July 1, 2000; Laws 2001, c. 131,
§ 5, eff. July 1, 2001; Laws 2001, c. 361, § 3, eff. July 1, 2001;
Laws 2002, c. 474, § 4, emerg. eff. June 6, 2002; Laws 2003, c. 3, §
35, emerg. eff. March 19, 2003; Laws 2003, c. 392, § 2, eff. July 1,
2003; Laws 2004, c. 521, § 5, eff. Nov. 1, 2004; Laws 2006, 2nd Ex.
Sess., c. 44, § 23, eff. July 1, 2007; Laws 2009, c. 81, § 1, eff.
Nov. 1, 2009; Laws 2012, c. 280, § 1, eff. Nov. 1, 2012; Laws 2013,
c. 15, § 26, emerg. eff. April 8, 2013; Laws 2013, c. 104, § 1, eff.
Nov. 1, 2013; Laws 2013, c. 259, § 2, eff. Nov. 1, 2013; Laws 2015,
Oklahoma Statutes - Title 47. Motor Vehicles
c. 97, § 1, eff. Nov. 1, 2015; Laws 2016, c. 180, § 1; Laws 2017, c.
1, § 1, emerg. eff. March 2, 2017; Laws 2017, c. 229, § 8, eff. Nov.
1, 2020; Laws 2019, c. 314, § 1, eff. Nov. 1, 2020; Laws 2019, c.
314, § 2, eff. Nov. 1, 2020; Laws 2021, c. 24, § 1, emerg. eff.
April 19, 2021; Laws 2021, c. 522, § 1, emerg. eff. May 24, 2021;
Laws 2022, c. 282, § 37, emerg. eff. May 19, 2022; Laws 2023, c.
310, § 13, eff. July 1, 2023.
NOTE: Laws 1974, c. 301, § 1 repealed by Laws 1977, c. 103, § 65,
emerg. eff. May 30, 1977. Laws 1991, c. 162, § 2 repealed by Laws
1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 1991, c. 335, §
13 repealed by Laws 1992, c. 217, § 19, eff. July 1, 1992. Laws
1991, c. 216, § 46 and Laws 1992, c. 179, § 1 repealed by Laws 1992,
c. 373, § 22, eff. July 1, 1992. Laws 1996, c. 203, § 1 repealed by
Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997. Laws 1999, c.
278, § 2 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20,
2000. Laws 2002, c. 374, § 1 repealed by Laws 2003, c. 3, § 36,
emerg. eff. March 19, 2003. Laws 2002, c. 397, § 15 repealed by
Laws 2003, c. 3, § 37, emerg. eff. March 19, 2003. Laws 2012, c.
283, § 5 repealed by Laws 2013, c. 15, § 27, emerg. eff. April 8,
2013.
§47-6-101v2. Class requirements for driver licenses - Commercial
motor vehicles - Commercial learner permit - Hazardous materials Class D motor vehicles - Motorcycle endorsement - Restricted driver
license - Fees - Expiration - Issuance and renewal - Allocation of
monies - Identification photographs database.
A. No person, except those hereinafter expressly exempted in
Sections 6-102 and 6-102.1 of this title, shall operate any motor
vehicle upon a highway in this state unless the person has a valid
Oklahoma driver license for the class of vehicle being operated
under the provisions of this title. No person shall be permitted to
possess more than one valid license at any time, except as provided
in paragraph 4 of subsection F of this section.
B. 1. No person shall operate a Class A commercial motor
vehicle unless the person is eighteen (18) years of age or older and
holds a valid Class A commercial license, except as provided in
paragraph 5 of this subsection and subsection F of this section.
Any person holding a valid Class A commercial license shall be
permitted to operate motor vehicles in Classes A, B, C and D, except
as provided for in paragraph 4 of this subsection.
2. No person shall operate a Class B commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class B commercial license, except as provided in paragraph 5
of subsection F of this section. Any person holding a valid Class B
commercial license shall be permitted to operate motor vehicles in
Classes B, C and D, except as provided for in paragraph 4 of this
subsection.
Oklahoma Statutes - Title 47. Motor Vehicles
3. No person shall operate a Class C commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class C commercial license, except as provided in subsection F
of this section. Any person holding a valid Class C commercial
license shall be permitted to operate motor vehicles in Classes C
and D, except as provided for in paragraph 4 of this subsection.
4. No person under twenty-one (21) years of age shall be
licensed to operate any motor vehicle which is required to be
placarded for hazardous materials pursuant to 49 C.F.R., Part 172,
subpart F, except as provided in subsection F of this section;
provided, a person eighteen (18) years of age or older may be
licensed to operate a farm vehicle which is required to be placarded
for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F,
except as provided in subsection F of this section.
5. A person at least seventeen (17) years of age who
successfully completes all examinations required by law may be
issued by Service Oklahoma:
a.
a restricted Class A commercial license which shall
grant to the licensee the privilege to operate a Class
A or Class B commercial motor vehicle for harvest
purposes or a Class D motor vehicle, or
b.
a restricted Class B commercial license which shall
grant to the licensee the privilege to operate a Class
B commercial motor vehicle for harvest purposes or a
Class D motor vehicle.
6. No person shall operate a Class D motor vehicle unless the
person is sixteen (16) years of age or older and holds a valid Class
D license, except as provided for in Section 6-102 or 6-105 of this
title. Any person holding a valid Class D license shall be
permitted to operate motor vehicles in Class D only.
C. Any person issued a driver license pursuant to this section
may exercise the privilege thereby granted upon all streets and
highways in this state.
D. No person shall operate a motorcycle or motor-driven cycle
without having a valid Class A, B, C or D license with a motorcycle
endorsement. Except as otherwise provided by law, any new applicant
for an original driver license shall be required to successfully
complete a written examination, vision examination and driving
examination for a motorcycle as prescribed by the Department of
Public Safety, in conjunction with Service Oklahoma, and a certified
state-approved motorcycle basic rider course approved by the
Department, in conjunction with Service Oklahoma, if the applicant
is seventeen (17) years of age or younger to be eligible for a
motorcycle endorsement thereon. The written examination and driving
examination for a motorcycle shall be waived by Service Oklahoma
upon verification that the person has successfully completed a
Oklahoma Statutes - Title 47. Motor Vehicles
certified Motorcycle Safety Foundation rider course approved by the
Department, in conjunction with Service Oklahoma.
E. Except as otherwise provided by law, any person who lawfully
possesses a valid Oklahoma driver license which is eligible for
renewal shall be required to successfully complete a written
examination and driving examination for a motorcycle as prescribed
by the Department, in conjunction with Service Oklahoma, and a
certified state-approved motorcycle basic rider course approved by
the Department, in conjunction with Service Oklahoma, if the person
is seventeen (17) years of age or younger to be eligible for a
motorcycle endorsement. The written examination and driving
examination for a motorcycle shall be waived by Service Oklahoma
upon verification that the person has successfully completed a
certified Motorcycle Safety Foundation rider course approved by the
Department, in conjunction with Service Oklahoma.
F. 1. Any person eighteen (18) years of age or older may apply
for a restricted Class A, B or C commercial learner permit. Service
Oklahoma, after the applicant has passed all parts of the
examination for a Class D license and has successfully passed all
parts of the examination for a Class A, B or C commercial license
other than the driving examination, may issue to the applicant a
commercial learner permit which shall entitle the person having
immediate lawful possession of the commercial learner permit and a
valid Oklahoma driver license or provisional driver license pursuant
to Section 6-212 of this title to operate a Class A, B or C
commercial motor vehicle upon the public highways solely for the
purpose of behind-the-wheel training in accordance with rules
promulgated by the Department.
2. This commercial learner permit shall be issued for a period
as provided in Section 6-115 of this title of one hundred eighty
(180) days, which may be renewed one time for an additional one
hundred eighty (180) days; provided, such commercial learner permit
may be suspended, revoked, canceled, denied or disqualified at the
discretion of the Department, with notice to Service Oklahoma, for
violation of the 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. Except as otherwise provided, the lawful possessor of a
commercial learner permit who has been issued a commercial learner
permit for a minimum of fourteen (14) days may have the restriction
requiring an accompanying driver removed by satisfactorily
completing a driver's examination; provided, the removal of a
restriction shall not authorize the operation of a Class A, B or C
commercial motor vehicle if such operation is otherwise prohibited
by law.
3. No person shall apply for and Service Oklahoma shall not
issue an original Class A, B or C driver license until the person
Oklahoma Statutes - Title 47. Motor Vehicles
has been issued a commercial learner permit and held the permit for
at least fourteen (14) days. Any person who currently holds a Class
B or C license and who wishes to apply for another class of
commercial driver license shall be required to apply for a
commercial learner permit and to hold the permit for at least
fourteen (14) days before applying for the Class A or B license, as
applicable. Any person who currently holds a Class A, B or C
license and who wishes to add an endorsement or remove a restriction
for which a skills examination is required shall be required to
apply for a commercial learner permit and to hold the permit for at
least fourteen (14) days before applying for the endorsement.
4. A commercial learner permit shall be issued by Service
Oklahoma as a separate and unique document which shall be valid only
in conjunction with a valid Oklahoma driver license or provisional
driver license pursuant to Section 6-212 of this title, both of
which shall be in the possession of the person to whom they have
been issued whenever that person is operating a commercial motor
vehicle as provided in this subsection.
5. Any person who has held a commercial learner permit for the
initial issuance period shall not be eligible for and Service
Oklahoma shall not issue a renewal of the permit; provided, the
person may reapply for a new commercial learner permit, as provided
for in this subsection.
G. 1. For purposes of this title:
a.
"REAL ID Compliant Driver License" or "Identification
Card" means a driver license or identification card
issued by this state that has been certified by the
United States Department of Homeland Security (USDHS)
as compliant with the requirements of the REAL ID Act
of 2005, Public Law No. 109-13. A REAL ID Compliant
Driver License or Identification Card and the process
through which it is issued incorporate a variety of
security measures designed to protect the integrity
and trustworthiness of the license or card. A REAL ID
Compliant Driver License or Identification Card will
be clearly marked on the face indicating that it is a
compliant document, and
b.
"REAL ID Noncompliant Driver License" or
"Identification Card" means a driver license or
identification card issued by this state that has not
been certified by the United States Department of
Homeland Security (USDHS) as being compliant with the
requirements of the REAL ID Act of 2005. A REAL ID
Noncompliant Driver License or Identification Card
will be clearly marked on the face indicating that it
is not compliant with the federal REAL ID Act of 2005
and is not acceptable for official federal purposes.
Oklahoma Statutes - Title 47. Motor Vehicles
The driver license or identification card will have a
unique design or color indicator that clearly
distinguishes it from a compliant license or card.
2. Original Driver License and Identification Card Issuance:
a.
Application for an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
shall be made to Service Oklahoma.
b.
Service Oklahoma employees shall perform all document
recognition and other requirements needed for approval
of an original REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Card
application.
c.
Upon approval of an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
application, the applicant may take the approved
application document to a licensed operator to receive
a temporary driver license or identification card.
d.
The licensed operator shall process the approved REAL
ID Compliant or REAL ID Noncompliant Driver License or
Identification Card application and upon payment shall
provide the applicant a temporary driver license or
identification card. A temporary driver license or
identification card shall afford the holder the
privileges otherwise granted by the specific class of
driver license or identification card for the period
of time listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Card,
whichever time period is shorter.
3. REAL ID Compliant Driver License and Identification Card
Renewal and Replacement:
a.
Application for renewal or replacement of a REAL ID
Compliant Driver License or Identification Card may be
made to Service Oklahoma or to a licensed operator;
provided, such licensed operator is authorized to
process application for REAL ID Compliant Driver
Licenses and Identification Cards. A licensed
operator may process the voluntary downgrade of a REAL
ID Compliant Commercial Driver License to any lower
class license upon request of the licensee; provided,
no additional endorsements or restrictions are placed
on the license.
b.
Service Oklahoma employees or authorized licensed
operators shall perform all document recognition and
other requirements needed for approval of a renewal or
Oklahoma Statutes - Title 47. Motor Vehicles
replacement REAL ID Compliant Driver License or
Identification Card application.
c.
Upon approval of a renewal or replacement REAL ID
Compliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from Service
Oklahoma or an authorized licensed operator.
d.
A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or identification
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant Driver License
or Identification Card, whichever time period is
shorter.
e.
For purposes of this title, an application for a REAL
ID Compliant Driver License or Identification Card by
an individual with a valid Oklahoma-issued driver
license or identification card shall be considered a
renewal of a REAL ID Compliant Driver License or
Identification Card.
4. REAL ID Noncompliant Driver License and Identification Card
Renewal and Replacement:
a.
Application for renewal or replacement of a REAL ID
Noncompliant Driver License or Identification Card may
be made to Service Oklahoma or to a licensed operator.
A licensed operator may process the voluntary
downgrade of a REAL ID Noncompliant Commercial Driver
License to any lower class license upon request of the
licensee; provided, no additional endorsements or
restrictions are added to the license.
b.
Service Oklahoma employees or licensed operators shall
perform all document recognition and other
requirements needed for approval of a renewal or
replacement REAL ID Noncompliant Driver License or
Identification Card application.
c.
Upon approval of a renewal or replacement REAL ID
Noncompliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from Service
Oklahoma or a licensed operator.
d.
A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or identification
Oklahoma Statutes - Title 47. Motor Vehicles
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Noncompliant Driver
License or Identification Card, whichever time period
is shorter.
H. 1. The fee charged for an approved application for an
original Oklahoma REAL ID Compliant or REAL ID Noncompliant Driver
License or an approved application for the addition of an
endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID
Noncompliant Driver License shall be assessed in accordance with the
following schedule:
Class A Commercial Learner
Permit
$25.00
Class A Commercial License
$25.00
Class B Commercial Learner
Permit
$15.00
Class B Commercial License
$15.00
Class C Commercial Learner
Permit
$15.00
Class C Commercial License
$15.00
Class D License
$ 4.00
Motorcycle Endorsement
$ 4.00
2. Notwithstanding the provisions of Section 1104 of this
title, all monies collected from the fees charged for Class A, B and
C commercial licenses pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fund of this state.
I. The fee charged for any failed examination shall be Four
Dollars ($4.00) for any license classification. Notwithstanding the
provisions of Section 1104 of this title, all monies collected from
such examination fees pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fund of this state.
J. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Noncompliant Driver License shall be in
accordance with the following schedule; provided, that any applicant
who has a CDL Learner Permit shall be charged only the replacement
fee for the issuance of the license:
License Class
4-year
8-year
Class A Commercial Learner
Permit
$56.50
$113.00
Class A Commercial License
$56.50
$113.00
Class B Commercial Learner
Permit
$56.50
$113.00
Class B Commercial License
$56.50
$113.00
Class C Commercial Learner
Permit
$46.50
$93.00
Oklahoma Statutes - Title 47. Motor Vehicles
Class C Commercial License
$46.50
$93.00
Class D License
$38.50
$77.00
K. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Compliant Driver License shall be in accordance
with the following schedule; provided, that any applicant who has a
CDL Learner Permit shall be charged only the replacement fee for the
issuance of the license:
License Class
4-year
8-year
REAL ID Compliant Class A
Commercial Learner Permit
$56.50
$113.00
REAL ID Compliant Class A
Commercial License
$56.50
$113.00
REAL ID Compliant Class B
Commercial Learner Permit
$56.50
$113.00
REAL ID Compliant Class B
Commercial License
$56.50
$113.00
REAL ID Compliant Class C
Commercial Learner Permit
$46.50
$93.00
REAL ID Compliant Class C
Commercial License
$46.50
$93.00
REAL ID Compliant Class D
License
$38.50
$77.00
L. A commercial learner permit may not be renewed.
M. Notwithstanding the provisions of Section 1104 of this
title, of each fee charged pursuant to the provisions of subsections
J, K and L of this section:
1. Five Dollars and fifty cents ($5.50) of a 4-year license or
Eleven Dollars ($11.00) of an 8-year license shall be deposited to
the Trauma Care Assistance Revolving Fund created in Section 12530.9 of Title 63 of the Oklahoma Statutes;
2. Six Dollars and seventy-five cents ($6.75) of a 4-year
license or Thirteen Dollars and fifty cents ($13.50) of an 8-year
license shall be deposited to the Department of Public Safety
Computer Imaging System Revolving Fund to be used solely for the
purpose of administration and maintenance of the computerized
imaging system of the Department through October 31, 2022.
Beginning November 1, 2022, Six Dollars and seventy-five cents
($6.75) of a 4-year license or Thirteen Dollars and fifty cents
($13.50) of an 8-year license shall be deposited to the Service
Oklahoma Computer Imaging System Revolving Fund to be used solely
for the purpose of administration and maintenance of the
computerized imaging system of Service Oklahoma;
3. Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Department
of Public Safety Revolving Fund for all original or renewal
issuances of licenses through October 31, 2022. Beginning November
Oklahoma Statutes - Title 47. Motor Vehicles
1, 2022, Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Service
Oklahoma Revolving Fund for all original or renewal issuances of
licenses; and
4. Five Dollars ($5.00) of a 4-year license or Six Dollars
($6.00) of an 8-year license shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title.
N. All original and renewal driver licenses shall expire as
provided in Section 6-115 of this title.
O. 1. Through May 31, 2025, any person sixty-two (62) to
sixty-four (64) years of age during the calendar year of issuance or
renewal of a Class D license or motorcycle endorsement shall be
charged the following prorated fee:
4-year
8-year
Age 62
$21.25
$42.50
Age 63
$17.50
$35.00
Age 64
$13.75
$27.50
2. Any person sixty-five (65) years of age or older during the
calendar year of issuance or renewal of a Class D license or
motorcycle endorsement shall not be charged a fee.
P. No person who has been honorably discharged from active
service in any branch of the Armed Forces of the United States or
Oklahoma National Guard and who has been certified by the United
States Department of Veterans Affairs, its successor or the Armed
Forces of the United States to be a disabled veteran in receipt of
compensation at the one-hundred-percent rate for a permanent
disability sustained through military action or accident resulting
from disease contracted while in such active service and registered
with the veterans registry created by the Oklahoma Department of
Veterans Affairs shall be charged a fee for the issuance,
replacement or renewal of an Oklahoma driver license; provided, that
if a veteran has been previously exempt from a fee pursuant to this
subsection, no registration with the veterans registry shall be
required.
Q. In accordance with the provisions of subsection G of this
section, Service Oklahoma is authorized to promulgate rules for the
issuance and renewal of driver licenses authorized pursuant to the
provisions of Sections 6-101 through 6-309 of this title; provided,
that no such rules applicable to the issuance or renewal of REAL ID
Noncompliant Driver Licenses shall create more stringent standards
than such rules applicable as of January 1, 2017, unless directly
related to a specific change in statutory law concerning standards
for REAL ID Noncompliant Driver Licenses. Applications, upon forms
approved by Service Oklahoma, for such licenses shall be handled, in
accordance with the provisions of subsection G of this section, by
the licensed operator; provided, Service Oklahoma is authorized to
assume these duties in any county of this state. For purposes of
Oklahoma Statutes - Title 47. Motor Vehicles
this subsection, "licensed operator" shall mean an individual who
obtains a license from the Service Oklahoma Operator Board to
operate a designated Service Oklahoma location and offers thirdparty fulfillment of designated services to be rendered by Service
Oklahoma.
R. Notwithstanding the provisions of Section 1104 of this title
and subsection Q of this section and except as provided in
subsections H and M of this section, the first Sixty Thousand
Dollars ($60,000.00) of all monies collected pursuant to this
section shall be paid by the Oklahoma Tax Commission to the State
Treasurer to be deposited in the General Revenue Fund of the State
Treasury.
The next Five Hundred Thousand Dollars ($500,000.00) of monies
collected pursuant to this section shall be paid by the Tax
Commission to the State Treasurer to be deposited each fiscal year
under the provisions of this section to the credit of the Department
of Public Safety Restricted Revolving Fund for the purpose of the
Oklahoma Law Enforcement Telecommunications System. All other
monies collected in excess of Five Hundred Sixty Thousand Dollars
($560,000.00) each fiscal year shall be apportioned as provided in
Section 1104 of this title, except as otherwise provided in this
section.
S. Service Oklahoma shall retain the images displayed on
licenses and identification cards issued pursuant to the provisions
of Sections 6-101 through 6-309 of this title which may be used
only:
1. By a law enforcement agency for purposes of criminal
investigations, missing person investigations or any law enforcement
purpose which is deemed necessary by the Commissioner of Public
Safety;
2. By the driver licensing agency of another state for its
official purpose; and
3. As provided in Section 2-110 of this title.
All agencies approved by the Oklahoma Law Enforcement
Telecommunications System (OLETS) or the National Law Enforcement
Telecommunications System (NLETS) to receive photographs or
computerized images may obtain them through OLETS or through NLETS.
Photographs or computerized images may be obtained by law
enforcement one inquiry at a time.
The computer system and related equipment acquired for this
purpose must conform to industry standards for interoperability and
open architecture. The Department of Public Safety may promulgate
rules to implement the provisions of this subsection.
T. No person may hold more than one state-issued or territoryissued REAL ID Compliant Driver License or REAL ID Compliant
Identification Card from Oklahoma or any other state or territory.
Service Oklahoma shall not issue a REAL ID Compliant Driver License
Oklahoma Statutes - Title 47. Motor Vehicles
to a person who has been previously issued a REAL ID Compliant
Driver License or REAL ID Compliant Identification Card until such
license or identification card has been surrendered to Service
Oklahoma by the applicant. Service Oklahoma may promulgate rules
related to the issuance of replacement REAL ID Compliant Driver
Licenses in the event of loss or theft.
Added by Laws 1961, p. 340, § 6-101, eff. Sept. 1, 1961. Amended by
Laws 1963, c. 94, § 1, emerg. eff. May 27, 1963; Laws 1967, c. 396,
§ 1, emerg. eff. May 24, 1967; Laws 1968, c. 232, § 1, eff. Jan. 1,
1969; Laws 1975, c. 359, § 1, eff. Jan. 1, 1977; Laws 1977, c. 103,
§ 60, emerg. eff. May 30, 1977; Laws 1977, 1st Ex. Sess., c. 3, §
14, emerg. eff. June 21, 1977; Laws 1978, c. 304, § 4; Laws 1980, c.
357, § 23, eff. July 1, 1980; Laws 1983, c. 286, § 17, operative
July 1, 1983; Laws 1985, c. 45, § 1, eff. Jan. 1, 1986; Laws 1985,
c. 179, § 59, operative July 1, 1985; Laws 1987, c. 226, § 3,
operative July 1, 1987; Laws 1988, c. 232, § 1, operative July 1,
1988; Laws 1989, c. 82, § 1, eff. Nov. 1, 1989; Laws 1990, c. 219, §
10, eff. Jan. 1, 1991; Laws 1992, c. 217, § 3, eff. July 1, 1992;
Laws 1992, c. 373, § 6, eff. July 1, 1992; Laws 1993, c. 97, § 1,
eff. Sept. 1, 1993; Laws 1993, c. 243, § 52, eff. Sept. 1, 1993;
Laws 1994, c. 18, § 1, eff. Sept. 1, 1994; Laws 1995, c. 23, § 8,
eff. Nov. 1, 1995; Laws 1996, c. 254, § 1, eff. Nov. 1, 1996; Laws
1997, c. 2, § 4, emerg. eff. Feb. 26, 1997; Laws 1999, c. 342, § 4,
eff. Nov. 1, 1999; Laws 2000, c. 6, § 10, emerg. eff. March 20,
2000; Laws 2000, c. 342, § 3, eff. July 1, 2000; Laws 2001, c. 131,
§ 5, eff. July 1, 2001; Laws 2001, c. 361, § 3, eff. July 1, 2001;
Laws 2002, c. 474, § 4, emerg. eff. June 6, 2002; Laws 2003, c. 3, §
35, emerg. eff. March 19, 2003; Laws 2003, c. 392, § 2, eff. July 1,
2003; Laws 2004, c. 521, § 5, eff. Nov. 1, 2004; Laws 2006, 2nd Ex.
Sess., c. 44, § 23, eff. July 1, 2007; Laws 2009, c. 81, § 1, eff.
Nov. 1, 2009; Laws 2012, c. 280, § 1, eff. Nov. 1, 2012; Laws 2013,
c. 15, § 26, emerg. eff. April 8, 2013; Laws 2013, c. 104, § 1, eff.
Nov. 1, 2013; Laws 2013, c. 259, § 2, eff. Nov. 1, 2013; Laws 2015,
c. 97, § 1, eff. Nov. 1, 2015; Laws 2016, c. 180, § 1; Laws 2017, c.
1, § 1, emerg. eff. March 2, 2017; Laws 2017, c. 229, § 8, eff. Nov.
1, 2020; Laws 2019, c. 314, § 1, eff. Nov. 1, 2020; Laws 2019, c.
314, § 2, eff. Nov. 1, 2020; Laws 2021, c. 24, § 1, emerg. eff.
April 19, 2021; Laws 2021, c. 522, § 1, emerg. eff. May 24, 2021;
Laws 2022, c. 282, § 37, emerg. eff. May 19, 2022; Laws 2023, 1st
Ex. Sess., c. 47, § 5, eff. July 1, 2023; Laws 2024, c. 11, § 2,
emerg. eff. April 18, 2024.
NOTE: Laws 1974, c. 301, § 1 repealed by Laws 1977, c. 103, § 65,
emerg. eff. May 30, 1977. Laws 1991, c. 162, § 2 repealed by Laws
1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 1991, c. 335, §
13 repealed by Laws 1992, c. 217, § 19, eff. July 1, 1992. Laws
1991, c. 216, § 46 and Laws 1992, c. 179, § 1 repealed by Laws 1992,
c. 373, § 22, eff. July 1, 1992. Laws 1996, c. 203, § 1 repealed by
Oklahoma Statutes - Title 47. Motor Vehicles
Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997. Laws 1999, c.
278, § 2 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20,
2000. Laws 2002, c. 374, § 1 repealed by Laws 2003, c. 3, § 36,
emerg. eff. March 19, 2003. Laws 2002, c. 397, § 15 repealed by
Laws 2003, c. 3, § 37, emerg. eff. March 19, 2003. Laws 2012, c.
283, § 5 repealed by Laws 2013, c. 15, § 27, emerg. eff. April 8,
2013.
§47-6-101v3. Class requirements for driver licenses - Commercial
motor vehicles - Commercial learner permit - Hazardous materials Class D motor vehicles - Motorcycle endorsement - Restricted driver
license - Fees - Expiration - Issuance and renewal - Allocation of
monies - Identification photographs database.
A. No person, except those hereinafter expressly exempted in
Sections 6-102 and 6-102.1 of this title, shall operate any motor
vehicle upon a highway in this state unless the person has a valid
Oklahoma driver license for the class of vehicle being operated
under the provisions of this title. No person shall be permitted to
possess more than one valid license at any time, except as provided
in paragraph 4 of subsection F of this section.
B. 1. No person shall operate a Class A commercial motor
vehicle unless the person is eighteen (18) years of age or older and
holds a valid Class A commercial license, except as provided in
paragraph 5 of this subsection and subsection F of this section.
Any person holding a valid Class A commercial license shall be
permitted to operate motor vehicles in Classes A, B, C and D, except
as provided for in paragraph 4 of this subsection.
2. No person shall operate a Class B commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class B commercial license, except as provided in paragraph 5
of subsection F of this section. Any person holding a valid Class B
commercial license shall be permitted to operate motor vehicles in
Classes B, C and D, except as provided for in paragraph 4 of this
subsection.
3. No person shall operate a Class C commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class C commercial license, except as provided in subsection F
of this section. Any person holding a valid Class C commercial
license shall be permitted to operate motor vehicles in Classes C
and D, except as provided for in paragraph 4 of this subsection.
4. No person under twenty-one (21) years of age shall be
licensed to operate any motor vehicle which is required to be
placarded for hazardous materials pursuant to 49 C.F.R., Part 172,
subpart F, except as provided in subsection F of this section;
provided, a person eighteen (18) years of age or older may be
licensed to operate a farm vehicle which is required to be placarded
Oklahoma Statutes - Title 47. Motor Vehicles
for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F,
except as provided in subsection F of this section.
5. A person at least seventeen (17) years of age who
successfully completes all examinations required by law may be
issued by Service Oklahoma:
a.
a restricted Class A commercial license which shall
grant to the licensee the privilege to operate a Class
A or Class B commercial motor vehicle for harvest
purposes or a Class D motor vehicle, or
b.
a restricted Class B commercial license which shall
grant to the licensee the privilege to operate a Class
B commercial motor vehicle for harvest purposes or a
Class D motor vehicle.
6. No person shall operate a Class D motor vehicle unless the
person is sixteen (16) years of age or older and holds a valid Class
D license, except as provided for in Section 6-102 or 6-105 of this
title. Any person holding a valid Class D license shall be
permitted to operate motor vehicles in Class D only.
C. Any person issued a driver license pursuant to this section
may exercise the privilege thereby granted upon all streets and
highways in this state.
D. No person shall operate a motorcycle or motor-driven cycle
without having a valid Class A, B, C or D license with a motorcycle
endorsement. Except as otherwise provided by law, any new applicant
for an original driver license shall be required to successfully
complete a written examination, vision examination and driving
examination for a motorcycle as prescribed by the Department of
Public Safety, in conjunction with Service Oklahoma, and a certified
state-approved motorcycle basic rider course approved by the
Department, in conjunction with Service Oklahoma, if the applicant
is seventeen (17) years of age or younger to be eligible for a
motorcycle endorsement thereon. The written examination and driving
examination for a motorcycle shall be waived by Service Oklahoma
upon verification that the person has successfully completed a
certified Motorcycle Safety Foundation rider course approved by the
Department, in conjunction with Service Oklahoma.
E. Except as otherwise provided by law, any person who lawfully
possesses a valid Oklahoma driver license which is eligible for
renewal shall be required to successfully complete a written
examination, vision examination and driving examination for a
motorcycle as prescribed by the Department, in conjunction with
Service Oklahoma, and a certified state-approved motorcycle basic
rider course approved by the Department, in conjunction with Service
Oklahoma, if the person is seventeen (17) years of age or younger to
be eligible for a motorcycle endorsement. The written examination
and driving examination for a motorcycle shall be waived by Service
Oklahoma upon verification that the person has successfully
Oklahoma Statutes - Title 47. Motor Vehicles
completed a certified Motorcycle Safety Foundation rider course
approved by the Department, in conjunction with Service Oklahoma.
F. 1. Any person eighteen (18) years of age or older may apply
for a restricted Class A, B or C commercial learner permit. Service
Oklahoma, after the applicant has passed all parts of the
examination for a Class D license and has successfully passed all
parts of the examination for a Class A, B or C commercial license
other than the driving examination, may issue to the applicant a
commercial learner permit which shall entitle the person having
immediate lawful possession of the commercial learner permit and a
valid Oklahoma driver license or provisional driver license pursuant
to Section 6-212 of this title to operate a Class A, B or C
commercial motor vehicle upon the public highways solely for the
purpose of behind-the-wheel training in accordance with rules
promulgated by the Department.
2. This commercial learner permit shall be issued for a period
as provided in Section 6-115 of this title of one year; provided,
such commercial learner permit may be suspended, revoked, canceled,
denied or disqualified at the discretion of the Department, with
notice to Service Oklahoma, for violation of the 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. Except as otherwise
provided, the lawful possessor of a commercial learner permit who
has been issued a commercial learner permit for a minimum of
fourteen (14) days may have the restriction requiring an
accompanying driver removed by satisfactorily completing a driver’s
examination; provided, the removal of a restriction shall not
authorize the operation of a Class A, B or C commercial motor
vehicle if such operation is otherwise prohibited by law.
3. No person shall apply for and Service Oklahoma shall not
issue an original Class A, B or C driver license until the person
has been issued a commercial learner permit and held the permit for
at least fourteen (14) days. Any person who currently holds a Class
B or C license and who wishes to apply for another class of
commercial driver license shall be required to apply for a
commercial learner permit and to hold the permit for at least
fourteen (14) days before applying for the Class A or B license, as
applicable. Any person who currently holds a Class A, B or C
license and who wishes to add an endorsement or remove a restriction
for which a skills examination is required shall be required to
apply for a commercial learner permit and to hold the permit for at
least fourteen (14) days before applying for the endorsement.
4. A commercial learner permit shall be issued by Service
Oklahoma as a separate and unique document which shall be valid only
in conjunction with a valid Oklahoma driver license or provisional
driver license pursuant to Section 6-212 of this title, both of
Oklahoma Statutes - Title 47. Motor Vehicles
which shall be in the possession of the person to whom they have
been issued whenever that person is operating a commercial motor
vehicle as provided in this subsection.
5. After one renewal of a commercial learner permit, as
provided in paragraph 2 of this subsection, a commercial permit
shall not be renewed again. Any person who has held a commercial
learner permit for the initial issuance period and one renewal
period shall not be eligible for and Service Oklahoma shall not
issue another renewal of the permit; provided, the person may
reapply for a new commercial learner permit, as provided for in this
subsection.
G. 1. For purposes of this title:
a.
“REAL ID Compliant Driver License” or “Identification
Card” means a driver license or identification card
issued by this state that has been certified by the
United States Department of Homeland Security (USDHS)
as compliant with the requirements of the REAL ID Act
of 2005, Public Law No. 109-13. A REAL ID Compliant
Driver License or Identification Card and the process
through which it is issued incorporate a variety of
security measures designed to protect the integrity
and trustworthiness of the license or card. A REAL ID
Compliant Driver License or Identification Card will
be clearly marked on the face indicating that it is a
compliant document, and
b.
“REAL ID Noncompliant Driver License” or
“Identification Card” means a driver license or
identification card issued by this state that has not
been certified by the United States Department of
Homeland Security (USDHS) as being compliant with the
requirements of the REAL ID Act of 2005. A REAL ID
Noncompliant Driver License or Identification Card
will be clearly marked on the face indicating that it
is not compliant with the federal REAL ID Act of 2005
and is not acceptable for official federal purposes.
The driver license or identification card will have a
unique design or color indicator that clearly
distinguishes it from a compliant license or card.
2. Original Driver License and Identification Card Issuance:
a.
Application for an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
shall be made to Service Oklahoma or a licensed
operator provided such licensed operator is authorized
to process application for REAL ID Compliant Driver
Licenses and Identification Cards. Application for a
REAL ID Noncompliant Driver License or Identification
Card shall be made to Service Oklahoma.
Oklahoma Statutes - Title 47. Motor Vehicles
b.
Service Oklahoma employees or authorized licensed
operators shall perform all document recognition and
other requirements needed for approval of an original
REAL ID Compliant Driver License or Identification
Card application. Service Oklahoma employees shall
perform all document recognition and other
requirements needed for approval of a REAL ID
Noncompliant Driver License or Identification Card
application.
c.
Upon approval of an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
application, the applicant may take the approved
application document to a licensed operator to receive
a temporary driver license or identification card.
d.
The licensed operator shall process the approved REAL
ID Compliant or REAL ID Noncompliant Driver License or
Identification Card application and upon payment shall
provide the applicant a temporary driver license or
identification card. A temporary driver license or
identification card shall afford the holder the
privileges otherwise granted by the specific class of
driver license or identification card for the period
of time listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Card,
whichever time period is shorter.
3. REAL ID Compliant Driver License and Identification Card
Renewal and Replacement:
a.
Application for renewal or replacement of a REAL ID
Compliant Driver License or Identification Card may be
made to Service Oklahoma or to a licensed operator;
provided, such licensed operator is authorized to
process application for REAL ID Compliant Driver
Licenses and Identification Cards. A licensed
operator may process the voluntary downgrade of a REAL
ID Compliant Commercial Driver License to any lower
class license upon request of the licensee; provided,
no additional endorsements or restrictions are placed
on the license.
b.
Service Oklahoma employees or authorized licensed
operators shall perform all document recognition and
other requirements needed for approval of a renewal or
replacement REAL ID Compliant Driver License or
Identification Card application.
c.
Upon approval of a renewal or replacement REAL ID
Compliant Driver License or Identification Card
Oklahoma Statutes - Title 47. Motor Vehicles
application, the applicant may receive a temporary
driver license or identification card from Service
Oklahoma or an authorized licensed operator.
d.
A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or identification
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant Driver License
or Identification Card, whichever time period is
shorter.
e.
For purposes of this title, an application for a REAL
ID Compliant Driver License or Identification Card by
an individual with a valid Oklahoma-issued driver
license or identification card shall be considered a
renewal of a REAL ID Compliant Driver License or
Identification Card.
4. REAL ID Noncompliant Driver License and Identification Card
Renewal and Replacement:
a.
Application for renewal or replacement of a REAL ID
Noncompliant Driver License or Identification Card may
be made to Service Oklahoma or to a licensed operator.
A licensed operator may process the voluntary
downgrade of a REAL ID Noncompliant Commercial Driver
License to any lower class license upon request of the
licensee; provided, no additional endorsements or
restrictions are added to the license.
b.
Service Oklahoma employees or licensed operators shall
perform all document recognition and other
requirements needed for approval of a renewal or
replacement REAL ID Noncompliant Driver License or
Identification Card application.
c.
Upon approval of a renewal or replacement REAL ID
Noncompliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from Service
Oklahoma or a licensed operator.
d.
A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or identification
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Noncompliant Driver
Oklahoma Statutes - Title 47. Motor Vehicles
License or Identification Card, whichever time period
is shorter.
H. 1. The fee charged for an approved application for an
original Oklahoma REAL ID Compliant or REAL ID Noncompliant Driver
License or an approved application for the addition of an
endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID
Noncompliant Driver License shall be assessed in accordance with the
following schedule:
Class A Commercial Learner
Permit
$25.00
Class A Commercial License
$25.00
Class B Commercial Learner
Permit
$15.00
Class B Commercial License
$15.00
Class C Commercial Learner
Permit
$15.00
Class C Commercial License
$15.00
Class D License
$4.00
Motorcycle Endorsement
$4.00
2. Notwithstanding the provisions of Section 1104 of this
title, all monies collected from the fees charged for Class A, B and
C commercial licenses pursuant to the provisions of this subsection
shall be deposited by Service Oklahoma in the General Revenue Fund
of this state.
I. The fee charged for any failed examination shall be Four
Dollars ($4.00) for any license classification. Notwithstanding the
provisions of Section 1104 of this title, all monies collected from
such examination fees pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fund of this state.
J. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Noncompliant Driver License shall be in
accordance with the following schedule; provided, that any applicant
who has a CDL Learner Permit shall be charged only the replacement
fee for the issuance of the license:
License Class
4-year
8-year
Class A Commercial Learner
Permit
$56.50
$113.00
Class A Commercial License
$56.50
$113.00
Class B Commercial Learner
Permit
$56.50
$113.00
Class B Commercial License
$56.50
$113.00
Class C Commercial Learner
Permit
$46.50
$93.00
Class C Commercial License
$46.50
$93.00
Class D License
$38.50
$77.00
Oklahoma Statutes - Title 47. Motor Vehicles
K. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Compliant Driver License shall be in accordance
with the following schedule; provided, that any applicant who has a
CDL Learner Permit shall be charged only the replacement fee for the
issuance of the license:
License Class
4-year
8-year
REAL ID Compliant Class A
Commercial Learner Permit
$56.50
$113.00
REAL ID Compliant Class A
Commercial License
$56.50
$113.00
REAL ID Compliant Class B
Commercial Learner Permit
$56.50
$113.00
REAL ID Compliant Class B
Commercial License
$56.50
$113.00
REAL ID Compliant Class C
Commercial Learner Permit
$46.50
$93.00
REAL ID Compliant Class C
Commercial License
$46.50
$93.00
REAL ID Compliant Class D
License
$38.50
$77.00
L. A commercial learner permit may be renewed one time for a
period of one hundred eighty (180) days. The cost for the renewed
permit shall be the same as for the original permit.
M. Notwithstanding the provisions of Section 1104 of this
title, each fee charged pursuant to the provisions of subsections J,
K, and L of this section shall be apportioned by Service Oklahoma as
follows:
1. Five Dollars and fifty cents ($5.50) of a 4-year license or
Eleven Dollars ($11.00) of an 8-year license shall be deposited to
the Trauma Care Assistance Revolving Fund created in Section 12530.9 of Title 63 of the Oklahoma Statutes;
2. Six Dollars and seventy-five cents ($6.75) of a 4-year
license or Thirteen Dollars and fifty cents ($13.50) of an 8-year
license shall be deposited to the Department of Public Safety
Computer Imaging System Revolving Fund to be used solely for the
purpose of administration and maintenance of the computerized
imaging system of the Department through October 31, 2022.
Beginning November 1, 2022, Six Dollars and seventy-five cents
($6.75) of a 4-year license or Thirteen Dollars and fifty cents
($13.50) of an 8-year license shall be deposited to the Service
Oklahoma Computer Imaging System Revolving Fund to be used solely
for the purpose of administration and maintenance of the
computerized imaging system of Service Oklahoma;
3. Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Department
of Public Safety Revolving Fund for all original or renewal
Oklahoma Statutes - Title 47. Motor Vehicles
issuances of licenses through October 31, 2022. Beginning November
1, 2022, Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Service
Oklahoma Revolving Fund for all original or renewal issuances of
licenses; and
4. Five Dollars ($5.00) of a 4-year license or Six Dollars
($6.00) of an 8-year license shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title.
N. All original and renewal driver licenses shall expire as
provided in Section 6-115 of this title.
O. 1. Through May 31, 2025, any person sixty-two (62) to
sixty-four (64) years of age during the calendar year of issuance or
renewal of a Class D license or motorcycle endorsement shall be
charged the following prorated fee:
4-year
8-year
Age 62
$21.25
$42.50
Age 63
$17.50
$35.00
Age 64
$13.75
$27.50
2. Any person sixty-five (65) years of age or older during the
calendar year of issuance or renewal of a Class D license or
motorcycle endorsement shall not be charged a fee.
P. No person who has been honorably discharged from active
service in any branch of the Armed Forces of the United States or
Oklahoma National Guard and who has been certified by the United
States Department of Veterans Affairs, its successor or the Armed
Forces of the United States to be a disabled veteran in receipt of
compensation at the one-hundred-percent rate for a permanent
disability sustained through military action or accident resulting
from disease contracted while in such active service and registered
with the veterans registry created by the Oklahoma Department of
Veterans Affairs shall be charged a fee for the issuance,
replacement or renewal of an Oklahoma driver license; provided, that
if a veteran has been previously exempt from a fee pursuant to this
subsection, no registration with the veterans registry shall be
required.
Q. In accordance with the provisions of subsection G of this
section, Service Oklahoma is authorized to promulgate rules for the
issuance and renewal of driver licenses authorized pursuant to the
provisions of Sections 6-101 through 6-309 of this title; provided,
that no such rules applicable to the issuance or renewal of REAL ID
Noncompliant Driver Licenses shall create more stringent standards
than such rules applicable as of January 1, 2017, unless directly
related to a specific change in statutory law concerning standards
for REAL ID Noncompliant Driver Licenses. Applications, upon forms
approved by Service Oklahoma, for such licenses shall be handled, in
accordance with the provisions of subsection G of this section, by
the licensed operator; provided, Service Oklahoma is authorized to
Oklahoma Statutes - Title 47. Motor Vehicles
assume these duties in any county of this state. Each licensed
operator accepting applications for driver licenses shall receive
Six Dollars ($6.00) for a 4-year REAL ID Noncompliant Driver License
or Twelve Dollars ($12.00) for an 8-year REAL ID Noncompliant Driver
License or Ten Dollars ($10.00) for a 4-year REAL ID Compliant
Driver License or Twenty Dollars ($20.00) for an 8-year REAL ID
Compliant Driver License to be deducted from the total collected for
each license or renewal application accepted through June 30, 2023.
Beginning July 1, 2022, and ending on June 30, 2023, each motor
license agent or licensed operator accepting applications for driver
licenses for individuals over the age of sixty-five (65) years or
for applications for drivers pursuant to subsection P of this
section shall receive Six Dollars ($6.00) for a 4-year driver
license or Twelve Dollars ($12.00) for an 8-year driver license to
be deducted daily by the motor license agent or licensed operator
receipts. Beginning July 1, 2023, these fees shall be retained by
the licensed operator pursuant to subsection E of Section 1141.1 of
this title. The fees received by the licensed operator, authorized
by this subsection, shall be used for operating expenses. The
amount retained pursuant to this subsection shall not be retained by
any state agency. The fees received by the licensed operator,
authorized by this subsection, shall be used for operating expenses.
For purposes of this subsection, “licensed operator” shall mean an
individual who obtains a license from the Service Oklahoma Operator
Board to operate a designated Service Oklahoma location and offers
third-party fulfillment of designated services to be rendered by
Service Oklahoma.
R. Notwithstanding the provisions of Section 1104 of this title
and subsection Q of this section and except as provided in
subsections H and M of this section, the first Sixty Thousand
Dollars ($60,000.00) of all monies collected pursuant to this
section shall be paid by Service Oklahoma to the State Treasurer to
be deposited in the General Revenue Fund of the State Treasury.
The next Five Hundred Thousand Dollars ($500,000.00) of monies
collected pursuant to this section shall be paid by Service Oklahoma
to the State Treasurer to be deposited each fiscal year under the
provisions of this section to the credit of the Department of Public
Safety Restricted Revolving Fund for the purpose of the Oklahoma Law
Enforcement Telecommunications System. All other monies collected
in excess of Five Hundred Sixty Thousand Dollars ($560,000.00) each
fiscal year shall be apportioned as provided in Section 1104 of this
title, except as otherwise provided in this section.
S. Service Oklahoma shall retain the images displayed on
licenses and identification cards issued pursuant to the provisions
of Sections 6-101 through 6-309 of this title which may be used
only:
Oklahoma Statutes - Title 47. Motor Vehicles
1. By a law enforcement agency for purposes of criminal
investigations, missing person investigations or any law enforcement
purpose which is deemed necessary by the Commissioner of Public
Safety;
2. By the driver licensing agency of another state for its
official purpose; and
3. As provided in Section 2-110 of this title.
All agencies approved by the Oklahoma Law Enforcement
Telecommunications System (OLETS) or the National Law Enforcement
Telecommunications System (NLETS) to receive photographs or
computerized images may obtain them through OLETS or through NLETS.
Photographs or computerized images may be obtained by law
enforcement one inquiry at a time.
The computer system and related equipment acquired for this
purpose must conform to industry standards for interoperability and
open architecture. The Department of Public Safety may promulgate
rules to implement the provisions of this subsection.
T. No person may hold more than one state-issued or territoryissued REAL ID Compliant Driver License or REAL ID Compliant
Identification Card from Oklahoma or any other state or territory.
Service Oklahoma shall not issue a REAL ID Compliant Driver License
to a person who has been previously issued a REAL ID Compliant
Driver License or REAL ID Compliant Identification Card until such
license or identification card has been surrendered to Service
Oklahoma by the applicant. Service Oklahoma may promulgate rules
related to the issuance of replacement REAL ID Compliant Driver
Licenses in the event of loss or theft.
U. Beginning May 24, 2021, and ending on June 30, 2023, in
addition to the amounts provided in subsection Q of this section, a
licensed operator shall receive Five Dollars ($5.00) for each
processed application for a REAL ID Compliant 4-year Driver License
and Ten Dollars ($10.00) for each processed application for a REAL
ID Compliant 8-year Driver License. Any additional amounts provided
pursuant to this subsection shall not be retained by Service
Oklahoma.
Added by Laws 1961, p. 340, § 6-101, eff. Sept. 1, 1961. Amended by
Laws 1963, c. 94, § 1, emerg. eff. May 27, 1963; Laws 1967, c. 396,
§ 1, emerg. eff. May 24, 1967; Laws 1968, c. 232, § 1, eff. Jan. 1,
1969; Laws 1975, c. 359, § 1, eff. Jan. 1, 1977; Laws 1977, c. 103,
§ 60, emerg. eff. May 30, 1977; Laws 1977, 1st Ex. Sess., c. 3, §
14, emerg. eff. June 21, 1977; Laws 1978, c. 304, § 4; Laws 1980, c.
357, § 23, eff. July 1, 1980; Laws 1983, c. 286, § 17, operative
July 1, 1983; Laws 1985, c. 45, § 1, eff. Jan. 1, 1986; Laws 1985,
c. 179, § 59, operative July 1, 1985; Laws 1987, c. 226, § 3,
operative July 1, 1987; Laws 1988, c. 232, § 1, operative July 1,
1988; Laws 1989, c. 82, § 1, eff. Nov. 1, 1989; Laws 1990, c. 219, §
10, eff. Jan. 1, 1991; Laws 1992, c. 217, § 3, eff. July 1, 1992;
Oklahoma Statutes - Title 47. Motor Vehicles
Laws 1992, c. 373, § 6, eff. July 1, 1992; Laws 1993, c. 97, § 1,
eff. Sept. 1, 1993; Laws 1993, c. 243, § 52, eff. Sept. 1, 1993;
Laws 1994, c. 18, § 1, eff. Sept. 1, 1994; Laws 1995, c. 23, § 8,
eff. Nov. 1, 1995; Laws 1996, c. 254, § 1, eff. Nov. 1, 1996; Laws
1997, c. 2, § 4, emerg. eff. Feb. 26, 1997; Laws 1999, c. 342, § 4,
eff. Nov. 1, 1999; Laws 2000, c. 6, § 10, emerg. eff. March 20,
2000; Laws 2000, c. 342, § 3, eff. July 1, 2000; Laws 2001, c. 131,
§ 5, eff. July 1, 2001; Laws 2001, c. 361, § 3, eff. July 1, 2001;
Laws 2002, c. 474, § 4, emerg. eff. June 6, 2002; Laws 2003, c. 3, §
35, emerg. eff. March 19, 2003; Laws 2003, c. 392, § 2, eff. July 1,
2003; Laws 2004, c. 521, § 5, eff. Nov. 1, 2004; Laws 2006, 2nd Ex.
Sess., c. 44, § 23, eff. July 1, 2007; Laws 2009, c. 81, § 1, eff.
Nov. 1, 2009; Laws 2012, c. 280, § 1, eff. Nov. 1, 2012; Laws 2013,
c. 15, § 26, emerg. eff. April 8, 2013; Laws 2013, c. 104, § 1, eff.
Nov. 1, 2013; Laws 2013, c. 259, § 2, eff. Nov. 1, 2013; Laws 2015,
c. 97, § 1, eff. Nov. 1, 2015; Laws 2016, c. 180, § 1; Laws 2017, c.
1, § 1, emerg. eff. March 2, 2017; Laws 2017, c. 229, § 8, eff. Nov.
1, 2020; Laws 2019, c. 314, § 1, eff. Nov. 1, 2020; Laws 2019, c.
314, § 2, eff. Nov. 1, 2020; Laws 2021, c. 24, § 1, emerg. eff.
April 19, 2021; Laws 2021, c. 522, § 1, emerg. eff. May 24, 2021;
Laws 2022, c. 282, § 37, emerg. eff. May 19, 2022; Laws 2023, 1st
Ex. Sess., c. 47, § 5, eff. July 1, 2023; Laws 2024, c. 452, § 34,
emerg. eff. June 14, 2024; Laws 2025, c. 171, § 3, eff. July 1,
2026.
NOTE: Laws 1974, c. 301, § 1 repealed by Laws 1977, c. 103, § 65,
emerg. eff. May 30, 1977. Laws 1991, c. 162, § 2 repealed by Laws
1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 1991, c. 335, §
13 repealed by Laws 1992, c. 217, § 19, eff. July 1, 1992. Laws
1991, c. 216, § 46 and Laws 1992, c. 179, § 1 repealed by Laws 1992,
c. 373, § 22, eff. July 1, 1992. Laws 1996, c. 203, § 1 repealed by
Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997. Laws 1999, c.
278, § 2 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20,
2000. Laws 2002, c. 374, § 1 repealed by Laws 2003, c. 3, § 36,
emerg. eff. March 19, 2003. Laws 2002, c. 397, § 15 repealed by
Laws 2003, c. 3, § 37, emerg. eff. March 19, 2003. Laws 2012, c.
283, § 5 repealed by Laws 2013, c. 15, § 27, emerg. eff. April 8,
2013
§47-6-101v4. Class requirements for driver licenses - Commercial
motor vehicles - Commercial learner permit - Hazardous materials Class D motor vehicles - Motorcycle endorsement - Restricted driver
license - Fees - Expiration - Issuance and renewal - Allocation of
monies - Identification photographs database.
A. No person, except those hereinafter expressly exempted in
Sections 6-102 and 6-102.1 of this title, shall operate any motor
vehicle upon a highway in this state unless the person has a valid
Oklahoma driver license for the class of vehicle being operated
Oklahoma Statutes - Title 47. Motor Vehicles
under the provisions of this title. No person shall be permitted to
possess more than one valid license at any time, except as provided
in paragraph 4 of subsection F of this section.
B. 1. No person shall operate a Class A commercial motor
vehicle unless the person is eighteen (18) years of age or older and
holds a valid Class A commercial license, except as provided in
paragraph 5 of this subsection and subsection F of this section.
Any person holding a valid Class A commercial license shall be
permitted to operate motor vehicles in Classes A, B, C and D, except
as provided for in paragraph 4 of this subsection.
2. No person shall operate a Class B commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class B commercial license, except as provided in paragraph 5
of subsection F of this section. Any person holding a valid Class B
commercial license shall be permitted to operate motor vehicles in
Classes B, C and D, except as provided for in paragraph 4 of this
subsection.
3. No person shall operate a Class C commercial motor vehicle
unless the person is eighteen (18) years of age or older and holds a
valid Class C commercial license, except as provided in subsection F
of this section. Any person holding a valid Class C commercial
license shall be permitted to operate motor vehicles in Classes C
and D, except as provided for in paragraph 4 of this subsection.
4. No person under twenty-one (21) years of age shall be
licensed to operate any motor vehicle which is required to be
placarded for hazardous materials pursuant to 49 C.F.R., Part 172,
subpart F, except as provided in subsection F of this section;
provided, a person eighteen (18) years of age or older may be
licensed to operate a farm vehicle which is required to be placarded
for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F,
except as provided in subsection F of this section.
5. A person at least seventeen (17) years of age who
successfully completes all examinations required by law may be
issued by Service Oklahoma:
a.
a restricted Class A commercial license which shall
grant to the licensee the privilege to operate a Class
A or Class B commercial motor vehicle for harvest
purposes or a Class D motor vehicle, or
b.
a restricted Class B commercial license which shall
grant to the licensee the privilege to operate a Class
B commercial motor vehicle for harvest purposes or a
Class D motor vehicle.
6. No person shall operate a Class D motor vehicle unless the
person is sixteen (16) years of age or older and holds a valid Class
D license, except as provided for in Section 6-102 or 6-105 of this
title. Any person holding a valid Class D license shall be
permitted to operate motor vehicles in Class D only.
Oklahoma Statutes - Title 47. Motor Vehicles
C. Any person issued a driver license pursuant to this section
may exercise the privilege thereby granted upon all streets and
highways in this state.
D. No person shall operate a motorcycle or motor-driven cycle
without having a valid Class A, B, C or D license with a motorcycle
endorsement. Except as otherwise provided by law, any new applicant
for an original driver license shall be required to successfully
complete a written examination, vision examination and driving
examination for a motorcycle as prescribed by the Department of
Public Safety, in conjunction with Service Oklahoma, and a certified
state-approved motorcycle basic rider course approved by the
Department, in conjunction with Service Oklahoma, if the applicant
is seventeen (17) years of age or younger to be eligible for a
motorcycle endorsement thereon. The written examination and driving
examination for a motorcycle shall be waived by Service Oklahoma
upon verification that the person has successfully completed a
certified Motorcycle Safety Foundation rider course approved by the
Department, in conjunction with Service Oklahoma.
E. Except as otherwise provided by law, any person who lawfully
possesses a valid Oklahoma driver license which is eligible for
renewal shall be required to successfully complete a written
examination, vision examination and driving examination for a
motorcycle as prescribed by the Department, in conjunction with
Service Oklahoma, and a certified state-approved motorcycle basic
rider course approved by the Department, in conjunction with Service
Oklahoma, if the person is seventeen (17) years of age or younger to
be eligible for a motorcycle endorsement. The written examination
and driving examination for a motorcycle shall be waived by Service
Oklahoma upon verification that the person has successfully
completed a certified Motorcycle Safety Foundation rider course
approved by the Department, in conjunction with Service Oklahoma.
F. 1. Any person eighteen (18) years of age or older may apply
for a restricted Class A, B or C commercial learner permit. Service
Oklahoma, after the applicant has passed all parts of the
examination for a Class D license and has successfully passed all
parts of the examination for a Class A, B or C commercial license
other than the driving examination, may issue to the applicant a
commercial learner permit which shall entitle the person having
immediate lawful possession of the commercial learner permit and a
valid Oklahoma driver license or provisional driver license pursuant
to Section 6-212 of this title to operate a Class A, B or C
commercial motor vehicle upon the public highways solely for the
purpose of behind-the-wheel training in accordance with rules
promulgated by the Department.
2. This commercial learner permit shall be issued for a period
as provided in Section 6-115 of this title of one (1) year;
provided, such commercial learner permit may be suspended, revoked,
Oklahoma Statutes - Title 47. Motor Vehicles
canceled, denied or disqualified at the discretion of the
Department, with notice to Service Oklahoma, for violation of the
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.
Except as otherwise provided, the lawful possessor of a commercial
learner permit who has been issued a commercial learner permit for a
minimum of fourteen (14) days may have the restriction requiring an
accompanying driver removed by satisfactorily completing a driver's
examination; provided, the removal of a restriction shall not
authorize the operation of a Class A, B or C commercial motor
vehicle if such operation is otherwise prohibited by law.
3. No person shall apply for and Service Oklahoma shall not
issue an original Class A, B or C driver license until the person
has been issued a commercial learner permit and held the permit for
at least fourteen (14) days. Any person who currently holds a Class
B or C license and who wishes to apply for another class of
commercial driver license shall be required to apply for a
commercial learner permit and to hold the permit for at least
fourteen (14) days before applying for the Class A or B license, as
applicable. Any person who currently holds a Class A, B or C
license and who wishes to add an endorsement or remove a restriction
for which a skills examination is required shall be required to
apply for a commercial learner permit and to hold the permit for at
least fourteen (14) days before applying for the endorsement.
4. A commercial learner permit shall be issued by Service
Oklahoma as a separate and unique document which shall be valid only
in conjunction with a valid Oklahoma driver license or provisional
driver license pursuant to Section 6-212 of this title, both of
which shall be in the possession of the person to whom they have
been issued whenever that person is operating a commercial motor
vehicle as provided in this subsection.
5. After one renewal of a commercial learner permit, as
provided in paragraph 2 of this subsection, a commercial permit
shall not be renewed again. Any person who has held a commercial
learner permit for the initial issuance period and one renewal
period shall not be eligible for and Service Oklahoma shall not
issue another renewal of the permit; provided, the person may
reapply for a new commercial learner permit, as provided for in this
subsection.
G. 1. For purposes of this title:
a.
"REAL ID Compliant Driver License" or "Identification
Card" means a driver license or identification card
issued by this state that has been certified by the
United States Department of Homeland Security (USDHS)
as compliant with the requirements of the REAL ID Act
of 2005, Public Law No. 109-13. A REAL ID Compliant
Oklahoma Statutes - Title 47. Motor Vehicles
2.
Driver License or Identification Card and the process
through which it is issued incorporate a variety of
security measures designed to protect the integrity
and trustworthiness of the license or card. A REAL ID
Compliant Driver License or Identification Card will
be clearly marked on the face indicating that it is a
compliant document, and
b.
"REAL ID Noncompliant Driver License" or
"Identification Card" means a driver license or
identification card issued by this state that has not
been certified by the United States Department of
Homeland Security (USDHS) as being compliant with the
requirements of the REAL ID Act of 2005. A REAL ID
Noncompliant Driver License or Identification Card
will be clearly marked on the face indicating that it
is not compliant with the federal REAL ID Act of 2005
and is not acceptable for official federal purposes.
The driver license or identification card will have a
unique design or color indicator that clearly
distinguishes it from a compliant license or card.
Original Driver License and Identification Card Issuance:
a.
Application for an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
shall be made to Service Oklahoma or a licensed
operator provided such licensed operator is authorized
to process application for REAL ID Compliant Driver
Licenses and Identification Cards. Application for a
REAL ID Noncompliant Driver License or Identification
Card shall be made to Service Oklahoma.
b.
Service Oklahoma employees or authorized licensed
operators shall perform all document recognition and
other requirements needed for approval of an original
REAL ID Compliant Driver License or Identification
Card application. Service Oklahoma employees shall
perform all document recognition and other
requirements needed for approval of a REAL ID
Noncompliant Driver License or Identification Card
application.
c.
Upon approval of an original REAL ID Compliant or REAL
ID Noncompliant Driver License or Identification Card
application, the applicant may take the approved
application document to a licensed operator to receive
a temporary driver license or identification card.
d.
The licensed operator shall process the approved REAL
ID Compliant or REAL ID Noncompliant Driver License or
Identification Card application and upon payment shall
provide the applicant a temporary driver license or
Oklahoma Statutes - Title 47. Motor Vehicles
identification card. A temporary driver license or
identification card shall afford the holder the
privileges otherwise granted by the specific class of
driver license or identification card for the period
of time listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant or REAL ID
Noncompliant Driver License or Identification Card,
whichever time period is shorter.
3. REAL ID Compliant Driver License and Identification Card
Renewal and Replacement:
a.
Application for renewal or replacement of a REAL ID
Compliant Driver License or Identification Card may be
made to Service Oklahoma or to a licensed operator;
provided, such licensed operator is authorized to
process application for REAL ID Compliant Driver
Licenses and Identification Cards. A licensed
operator may process the voluntary downgrade of a REAL
ID Compliant Commercial Driver License to any lower
class license upon request of the licensee; provided,
no additional endorsements or restrictions are placed
on the license.
b.
Service Oklahoma employees or authorized licensed
operators shall perform all document recognition and
other requirements needed for approval of a renewal or
replacement REAL ID Compliant Driver License or
Identification Card application.
c.
Upon approval of a renewal or replacement REAL ID
Compliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from Service
Oklahoma or an authorized licensed operator.
d.
A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or identification
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Compliant Driver License
or Identification Card, whichever time period is
shorter.
e.
For purposes of this title, an application for a REAL
ID Compliant Driver License or Identification Card by
an individual with a valid Oklahoma-issued driver
license or identification card shall be considered a
Oklahoma Statutes - Title 47. Motor Vehicles
renewal of a REAL ID Compliant Driver License or
Identification Card.
4. REAL ID Noncompliant Driver License and Identification Card
Renewal and Replacement:
a.
Application for renewal or replacement of a REAL ID
Noncompliant Driver License or Identification Card may
be made to Service Oklahoma or to a licensed operator.
A licensed operator may process the voluntary
downgrade of a REAL ID Noncompliant Commercial Driver
License to any lower class license upon request of the
licensee; provided, no additional endorsements or
restrictions are added to the license.
b.
Service Oklahoma employees or licensed operators shall
perform all document recognition and other
requirements needed for approval of a renewal or
replacement REAL ID Noncompliant Driver License or
Identification Card application.
c.
Upon approval of a renewal or replacement REAL ID
Noncompliant Driver License or Identification Card
application, the applicant may receive a temporary
driver license or identification card from Service
Oklahoma or a licensed operator.
d.
A temporary driver license or identification card
acquired under the provisions of this paragraph shall
afford the holder the privileges otherwise granted by
the specific class of driver license or identification
card being renewed or replaced for the period of time
listed on the temporary driver license or
identification card or the period of time prior to the
applicant receiving a REAL ID Noncompliant Driver
License or Identification Card, whichever time period
is shorter.
H. 1. The fee charged for an approved application for an
original Oklahoma REAL ID Compliant or REAL ID Noncompliant Driver
License or an approved application for the addition of an
endorsement to a current valid Oklahoma REAL ID Compliant or REAL ID
Noncompliant Driver License shall be assessed in accordance with the
following schedule:
Class A Commercial Learner
Permit
$25.00
Class A Commercial License
$25.00
Class B Commercial Learner
Permit
$15.00
Class B Commercial License
$15.00
Class C Commercial Learner
Permit
$15.00
Class C Commercial License
$15.00
Oklahoma Statutes - Title 47. Motor Vehicles
Class D License
$ 4.00
Motorcycle Endorsement
$ 4.00
2. Notwithstanding the provisions of Section 1104 of this
title, all monies collected from the fees charged for Class A, B and
C commercial licenses pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fund of this state.
I. The fee charged for any failed examination shall be Four
Dollars ($4.00) for any license classification. Notwithstanding the
provisions of Section 1104 of this title, all monies collected from
such examination fees pursuant to the provisions of this subsection
shall be deposited in the General Revenue Fund of this state.
J. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Noncompliant Driver License shall be in
accordance with the following schedule; provided, that any applicant
who has a CDL Learner Permit shall be charged only the replacement
fee for the issuance of the license:
License Class
4-year
8-year
Class A Commercial Learner
Permit
$56.50
$113.00
Class A Commercial License
$56.50
$113.00
Class B Commercial Learner
Permit
$56.50
$113.00
Class B Commercial License
$56.50
$113.00
Class C Commercial Learner
Permit
$46.50
$93.00
Class C Commercial License
$46.50
$93.00
Class D License
$38.50
$77.00
K. In addition to any fee charged pursuant to the provisions of
subsection H of this section, the fee charged for the issuance or
renewal of a REAL ID Compliant Driver License shall be in accordance
with the following schedule; provided, that any applicant who has a
CDL Learner Permit shall be charged only the replacement fee for the
issuance of the license:
License Class
4-year
8-year
REAL ID Compliant Class A
Commercial Learner Permit
$56.50
$113.00
REAL ID Compliant Class A
Commercial License
$56.50
$113.00
REAL ID Compliant Class B
Commercial Learner Permit
$56.50
$113.00
REAL ID Compliant Class B
Commercial License
$56.50
$113.00
REAL ID Compliant Class C
Commercial Learner Permit
$46.50
$93.00
REAL ID Compliant Class C
Commercial License
$46.50
$93.00
Oklahoma Statutes - Title 47. Motor Vehicles
REAL ID Compliant Class D
License
$38.50
$77.00
L. A commercial learner permit may be renewed one time for a
period of one hundred eighty (180) days. The cost for the renewed
permit shall be the same as for the original permit.
M. Notwithstanding the provisions of Section 1104 of this
title, of each fee charged pursuant to the provisions of subsections
J, K and L of this section:
1. Five Dollars and fifty cents ($5.50) of a 4-year license or
Eleven Dollars ($11.00) of an 8-year license shall be deposited to
the Trauma Care Assistance Revolving Fund created in Section 12530.9 of Title 63 of the Oklahoma Statutes;
2. Six Dollars and seventy-five cents ($6.75) of a 4-year
license or Thirteen Dollars and fifty cents ($13.50) of an 8-year
license shall be deposited to the Department of Public Safety
Computer Imaging System Revolving Fund to be used solely for the
purpose of administration and maintenance of the computerized
imaging system of the Department through October 31, 2022.
Beginning November 1, 2022, Six Dollars and seventy-five cents
($6.75) of a 4-year license or Thirteen Dollars and fifty cents
($13.50) of an 8-year license shall be deposited to the Service
Oklahoma Computer Imaging System Revolving Fund to be used solely
for the purpose of administration and maintenance of the
computerized imaging system of Service Oklahoma;
3. Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Department
of Public Safety Revolving Fund for all original or renewal
issuances of licenses through October 31, 2022. Beginning November
1, 2022, Ten Dollars ($10.00) of a 4-year license or Twenty Dollars
($20.00) of an 8-year license shall be deposited to the Service
Oklahoma Revolving Fund for all original or renewal issuances of
licenses; and
4. Five Dollars ($5.00) of a 4-year license or Six Dollars
($6.00) of an 8-year license shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title.
N. All original and renewal driver licenses shall expire as
provided in Section 6-115 of this title.
O. 1. Through May 31, 2025, any person sixty-two (62) to
sixty-four (64) years of age during the calendar year of issuance or
renewal of a Class D license or motorcycle endorsement shall be
charged the following prorated fee:
4-year
8-year
Age 62
$21.25
$42.50
Age 63
$17.50
$35.00
Age 64
$13.75
$27.50
Oklahoma Statutes - Title 47. Motor Vehicles
2. Any person sixty-five (65) years of age or older during the
calendar year of issuance or renewal of a Class D license or
motorcycle endorsement shall not be charged a fee.
P. No person who has been honorably discharged from active
service in any branch of the Armed Forces of the United States or
Oklahoma National Guard and who has been certified by the United
States Department of Veterans Affairs, its successor or the Armed
Forces of the United States to be a disabled veteran in receipt of
compensation at the one-hundred-percent rate for a permanent
disability sustained through military action or accident resulting
from disease contracted while in such active service and registered
with the veterans registry created by the Oklahoma Department of
Veterans Affairs shall be charged a fee for the issuance,
replacement or renewal of an Oklahoma driver license; provided, that
if a veteran has been previously exempt from a fee pursuant to this
subsection, no registration with the veterans registry shall be
required.
Q. In accordance with the provisions of subsection G of this
section, Service Oklahoma is authorized to promulgate rules for the
issuance and renewal of driver licenses authorized pursuant to the
provisions of Sections 6-101 through 6-309 of this title; provided,
that no such rules applicable to the issuance or renewal of REAL ID
Noncompliant Driver Licenses shall create more stringent standards
than such rules applicable as of January 1, 2017, unless directly
related to a specific change in statutory law concerning standards
for REAL ID Noncompliant Driver Licenses. Applications, upon forms
approved by Service Oklahoma, for such licenses shall be handled, in
accordance with the provisions of subsection G of this section, by
the licensed operator; provided, Service Oklahoma is authorized to
assume these duties in any county of this state. Each licensed
operator accepting applications for driver licenses shall receive
Six Dollars ($6.00) for a 4-year REAL ID Noncompliant Driver License
or Twelve Dollars ($12.00) for an 8-year REAL ID Noncompliant Driver
License or Ten Dollars ($10.00) for a 4-year REAL ID Compliant
Driver License or Twenty Dollars ($20.00) for an 8-year REAL ID
Compliant Driver License to be deducted from the total collected for
each license or renewal application accepted through June 30, 2023.
Beginning July 1, 2022, and ending on June 30, 2023, each motor
license agent or licensed operator accepting applications for driver
licenses for individuals over the age of sixty-five (65) years or
for applications for drivers pursuant to subsection P of this
section shall receive Six Dollars ($6.00) for a 4-year driver
license or Twelve Dollars ($12.00) for an 8-year driver license to
be deducted daily by the motor license agent or licensed operator
receipts. Beginning July 1, 2023, these fees shall be retained by
the licensed operator pursuant to subsection E of Section 1141.1 of
this title. The fees received by the licensed operator, authorized
Oklahoma Statutes - Title 47. Motor Vehicles
by this subsection, shall be used for operating expenses. The
amount retained pursuant to this subsection shall not be retained by
any state agency. The fees received by the licensed operator,
authorized by this subsection, shall be used for operating expenses.
For purposes of this subsection, "licensed operator" shall mean an
individual who obtains a license from the Service Oklahoma Operator
Board to operate a designated Service Oklahoma location and offers
third-party fulfillment of designated services to be rendered by
Service Oklahoma.
R. Notwithstanding the provisions of Section 1104 of this title
and subsection Q of this section and except as provided in
subsections H and M of this section, the first Sixty Thousand
Dollars ($60,000.00) of all monies collected pursuant to this
section shall be paid by the Oklahoma Tax Commission to the State
Treasurer to be deposited in the General Revenue Fund of the State
Treasury.
The next Five Hundred Thousand Dollars ($500,000.00) of monies
collected pursuant to this section shall be paid by the Tax
Commission to the State Treasurer to be deposited each fiscal year
under the provisions of this section to the credit of the Department
of Public Safety Restricted Revolving Fund for the purpose of the
Oklahoma Law Enforcement Telecommunications System. All other
monies collected in excess of Five Hundred Sixty Thousand Dollars
($560,000.00) each fiscal year shall be apportioned as provided in
Section 1104 of this title, except as otherwise provided in this
section.
S. Service Oklahoma shall retain the images displayed on
licenses and identification cards issued pursuant to the provisions
of Sections 6-101 through 6-309 of this title which may be used
only:
1. By a law enforcement agency for purposes of criminal
investigations, missing person investigations or any law enforcement
purpose which is deemed necessary by the Commissioner of Public
Safety;
2. By the driver licensing agency of another state for its
official purpose; and
3. As provided in Section 2-110 of this title.
All agencies approved by the Oklahoma Law Enforcement
Telecommunications System (OLETS) or the National Law Enforcement
Telecommunications System (NLETS) to receive photographs or
computerized images may obtain them through OLETS or through NLETS.
Photographs or computerized images may be obtained by law
enforcement one inquiry at a time.
The computer system and related equipment acquired for this
purpose must conform to industry standards for interoperability and
open architecture. The Department of Public Safety may promulgate
rules to implement the provisions of this subsection.
Oklahoma Statutes - Title 47. Motor Vehicles
T. No person may hold more than one state-issued or territoryissued driver license or identification card from Oklahoma or any
other state or territory. Service Oklahoma shall not issue a driver
license to a person who has been previously issued a driver license
or identification card until such license or identification card has
been surrendered to Service Oklahoma by the applicant. Provided,
any person who holds both a driver license and identification card
from Oklahoma as of November 1, 2025, may continue to possess both
credentials until the first expiration of either credential. At
that time, the person shall be allowed to retain, replace, or renew
either the driver license or identification card and shall surrender
the second credential to Service Oklahoma. Service Oklahoma may
promulgate rules related to the issuance of replacement REAL ID
Compliant Driver Licenses in the event of loss or theft.
U. Beginning May 24, 2021, and ending on June 30, 2023, in
addition to the amounts provided in subsection Q of this section, a
licensed operator shall receive Five Dollars ($5.00) for each
processed application for a REAL ID Compliant 4-year Driver License
and Ten Dollars ($10.00) for each processed application for a REAL
ID Compliant 8-year Driver License. Any additional amounts provided
pursuant to this subsection shall not be retained by Service
Oklahoma.
Added by Laws 1961, p. 340, § 6-101, eff. Sept. 1, 1961. Amended by
Laws 1963, c. 94, § 1, emerg. eff. May 27, 1963; Laws 1967, c. 396,
§ 1, emerg. eff. May 24, 1967; Laws 1968, c. 232, § 1, eff. Jan. 1,
1969; Laws 1975, c. 359, § 1, eff. Jan. 1, 1977; Laws 1977, c. 103,
§ 60, emerg. eff. May 30, 1977; Laws 1977, 1st Ex. Sess., c. 3, §
14, emerg. eff. June 21, 1977; Laws 1978, c. 304, § 4; Laws 1980, c.
357, § 23, eff. July 1, 1980; Laws 1983, c. 286, § 17, operative
July 1, 1983; Laws 1985, c. 45, § 1, eff. Jan. 1, 1986; Laws 1985,
c. 179, § 59, operative July 1, 1985; Laws 1987, c. 226, § 3,
operative July 1, 1987; Laws 1988, c. 232, § 1, operative July 1,
1988; Laws 1989, c. 82, § 1, eff. Nov. 1, 1989; Laws 1990, c. 219, §
10, eff. Jan. 1, 1991; Laws 1992, c. 217, § 3, eff. July 1, 1992;
Laws 1992, c. 373, § 6, eff. July 1, 1992; Laws 1993, c. 97, § 1,
eff. Sept. 1, 1993; Laws 1993, c. 243, § 52, eff. Sept. 1, 1993;
Laws 1994, c. 18, § 1, eff. Sept. 1, 1994; Laws 1995, c. 23, § 8,
eff. Nov. 1, 1995; Laws 1996, c. 254, § 1, eff. Nov. 1, 1996; Laws
1997, c. 2, § 4, emerg. eff. Feb. 26, 1997; Laws 1999, c. 342, § 4,
eff. Nov. 1, 1999; Laws 2000, c. 6, § 10, emerg. eff. March 20,
2000; Laws 2000, c. 342, § 3, eff. July 1, 2000; Laws 2001, c. 131,
§ 5, eff. July 1, 2001; Laws 2001, c. 361, § 3, eff. July 1, 2001;
Laws 2002, c. 474, § 4, emerg. eff. June 6, 2002; Laws 2003, c. 3, §
35, emerg. eff. March 19, 2003; Laws 2003, c. 392, § 2, eff. July 1,
2003; Laws 2004, c. 521, § 5, eff. Nov. 1, 2004; Laws 2006, 2nd Ex.
Sess., c. 44, § 23, eff. July 1, 2007; Laws 2009, c. 81, § 1, eff.
Nov. 1, 2009; Laws 2012, c. 280, § 1, eff. Nov. 1, 2012; Laws 2013,
Oklahoma Statutes - Title 47. Motor Vehicles
c. 15, § 26, emerg. eff. April 8, 2013; Laws 2013, c. 104, § 1, eff.
Nov. 1, 2013; Laws 2013, c. 259, § 2, eff. Nov. 1, 2013; Laws 2015,
c. 97, § 1, eff. Nov. 1, 2015; Laws 2016, c. 180, § 1; Laws 2017, c.
1, § 1, emerg. eff. March 2, 2017; Laws 2017, c. 229, § 8, eff. Nov.
1, 2020; Laws 2019, c. 314, § 1, eff. Nov. 1, 2020; Laws 2019, c.
314, § 2, eff. Nov. 1, 2020; Laws 2021, c. 24, § 1, emerg. eff.
April 19, 2021; Laws 2021, c. 522, § 1, emerg. eff. May 24, 2021;
Laws 2022, c. 282, § 37, emerg. eff. May 19, 2022; Laws 2023, 1st
Ex. Sess., c. 47, § 5, eff. July 1, 2023; Laws 2024, c. 452, § 34,
emerg. eff. June 14, 2024; Laws 2025, c. 330, § 3, eff. July 1,
2025.
NOTE: Laws 1974, c. 301, § 1 repealed by Laws 1977, c. 103, § 65,
emerg. eff. May 30, 1977. Laws 1991, c. 162, § 2 repealed by Laws
1991, c. 335, § 37, emerg. eff. June 15, 1991. Laws 1991, c. 335, §
13 repealed by Laws 1992, c. 217, § 19, eff. July 1, 1992. Laws
1991, c. 216, § 46 and Laws 1992, c. 179, § 1 repealed by Laws 1992,
c. 373, § 22, eff. July 1, 1992. Laws 1996, c. 203, § 1 repealed by
Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997. Laws 1999, c. 278,
§ 2 repealed by Laws 2000, c. 6, § 33, emerg. eff. March 20, 2000.
Laws 2002, c. 374, § 1 repealed by Laws 2003, c. 3, § 36, emerg.
eff. March 19, 2003. Laws 2002, c. 397, § 15 repealed by Laws 2003,
c. 3, § 37, emerg. eff. March 19, 2003. Laws 2012, c. 283, § 5
repealed by Laws 2013, c. 15, § 27, emerg. eff. April 8, 2013.
§47-6-102. See the following versions:
OS 47-6-102v1 (HB 2297, Laws 2025, c. 123, § 1)
OS 47-6-102v2 (SB 1766, Laws 2024, c. 450, § 1)
§47-6-102.1. Operation by persons with an agricultural exemption
permit.
Any person that possesses an agricultural exemption permit
pursuant to Section 1358.1 of Title 68 of the Oklahoma Statutes,
while in the course of an agricultural or ranching operation owned
by the person and while conducting business within the state, may
operate a Class A, B or C commercial motor vehicle if the person
possesses any class of valid Oklahoma driver license. Provided, the
provisions of this section shall not apply to the operation of any
vehicle used for the transportation of any property for hire.
Added by Laws 2013, c. 104, § 2, eff. Nov. 1, 2013.
§47-6-102v1. Persons exempt – Reciprocity agreements with foreign
countries.
A. A nonresident who is sixteen (16) years of age or older may
operate a motor vehicle in this state as authorized by the class,
restrictions, and endorsements specified on the license, if the
nonresident is:
Oklahoma Statutes - Title 47. Motor Vehicles
1. Properly licensed in the home state or country to operate a
commercial or noncommercial motor vehicle and who has immediate
possession of a valid driver license issued by the home state or
country; or
2. A member of the Armed Forces of the United States or the
spouse or dependent of such member who has been issued and is in
possession of a valid driver license issued by an overseas component
of the Armed Forces of the United States.
B. A resident who is at least fifteen (15) years of age may
operate a vehicle in this state without a driver license, if the
resident is:
1. Operating a vehicle pursuant to subsection B of Section 6105 of this title; or
2. Taking the driving skills examination as required by Section
6-110 of this title, when accompanied by a Driver License Examiner
of Service Oklahoma or by a designated examiner approved and
certified by Service Oklahoma.
C. Any person, while in the performance of official duties, may
operate any class of motor vehicle if the person possesses any class
of valid Oklahoma driver license or a valid driver license issued by
another state, if the person is:
1. A member of the Armed Forces of the United States who is on
active duty;
2. A member of the military reserves, not including United
States reserve technicians;
3. A member of the National Guard who is on active duty
including National Guard military technicians;
4. A member of the National Guard who is on part-time National
Guard training including National Guard military technicians; or
5. A member of the United States Coast Guard who is on active
duty.
D. 1. The Director of Service Oklahoma is hereby authorized to
adopt rules as may be necessary to enter into reciprocity agreements
with foreign countries. The rules shall specify that the driver
license standards of the foreign country shall be comparable to
those of this state. The rules shall also require foreign drivers,
who are operating a motor vehicle in Oklahoma under such a
reciprocity agreement, to comply with the compulsory motor vehicle
liability insurance and financial responsibility laws of this state.
2. Service Oklahoma shall enter into a reciprocity agreement
for driver licenses with the country of Ireland.
E. When an automated driving system, as defined by Section 1701
of this title, installed on a motor vehicle is engaged, the
following shall apply:
1. The automated driving system is considered the driver or
operator, for the purpose of assessing compliance with applicable
traffic or motor vehicle laws, and shall be deemed to satisfy
Oklahoma Statutes - Title 47. Motor Vehicles
electronically all physical acts required by a driver or operator of
the vehicle; and
2. The automated driving system is considered to be licensed to
operate the vehicle.
Added by Laws 1961, p. 341, § 6-102, eff. Sept. 1, 1961. Amended by
Laws 1975, c. 200, § 1; Laws 1990, c. 219, § 11, eff. Jan. 1, 1991;
Laws 1991, c. 162, § 4, emerg. eff. May 7, 1991; Laws 1992, c. 217,
§ 5, eff. July 1, 1992; Laws 1998, c. 345, § 1, eff. Nov. 1, 1998;
Laws 2001, c. 131, § 6, eff. July 1, 2001; Laws 2002, c. 86, § 3,
emerg. eff. April 17, 2002; Laws 2004, c. 418, § 8, eff. July 1,
2004; Laws 2005, c. 457, § 1, eff. Nov. 1, 2005; Laws 2006, c. 311,
§ 6, emerg. eff. June 8, 2006; Laws 2022, c. 132, § 10, eff. Nov. 1,
2022; Laws 2024, c. 452, § 36, emerg. eff. June 14, 2024; Laws 2025,
c. 123, § 1, eff. Nov. 1, 2025.
§47-6-102v2. Persons exempt – Reciprocity agreements with foreign
countries.
A. A nonresident who is sixteen (16) years of age or older may
operate a motor vehicle in this state as authorized by the class,
restrictions, and endorsements specified on the license, if the
nonresident is:
1. Properly licensed in the home state or country to operate a
commercial or noncommercial motor vehicle and who has immediate
possession of a valid driver license issued by the home state or
country; or
2. A member of the Armed Forces of the United States or the
spouse or dependent of such member who has been issued and is in
possession of a valid driver license issued by an overseas component
of the Armed Forces of the United States.
B. A resident who is at least fifteen (15) years of age may
operate a vehicle in this state without a driver license, if the
resident is:
1. Operating a vehicle pursuant to subsection B of Section 6105 of this title; or
2. Taking the driving skills examination as required by Section
6-110 of this title, when accompanied by a driver license examiner
of Service Oklahoma or by a designated examiner approved and
certified by Service Oklahoma.
C. A resident who is at least thirteen and one-half (13 1/2)
years of age who will qualify for the permit to operate farm
vehicles as provided for in Section 6-105 of this title may operate
a vehicle in this state without a driver license, if the resident
is:
1. Operating a vehicle pursuant to subsection B of Section 6105 of this title; or
2. Taking the driving skills examination as required by Section
6-110 of this title, when accompanied by a driver license examiner
Oklahoma Statutes - Title 47. Motor Vehicles
of Service Oklahoma or by a designated examiner approved and
certified by Service Oklahoma.
D. Any person, while in the performance of official duties, may
operate any class of motor vehicle if the person possesses any class
of valid Oklahoma driver license or a valid driver license issued by
another state, if the person is:
1. A member of the Armed Forces of the United States who is on
active duty;
2. A member of the military reserves, not including United
States reserve technicians;
3. A member of the National Guard who is on active duty,
including National Guard military technicians;
4. A member of the National Guard who is on part-time National
Guard training, including National Guard military technicians; or
5. A member of the United States Coast Guard who is on active
duty.
E. The Executive Director of Service Oklahoma is hereby
authorized to adopt rules as may be necessary to enter into
reciprocity agreements with foreign countries. The rules shall
specify that the driver license standards of the foreign country
shall be comparable to those of this state. The rules shall also
require foreign drivers, who are operating a motor vehicle in
Oklahoma under such a reciprocity agreement, to comply with the
compulsory motor vehicle liability insurance and financial
responsibility laws of this state.
Added by Laws 1961, p. 341, § 6-102, eff. Sept. 1, 1961. Amended by
Laws 1975, c. 200, § 1; Laws 1990, c. 219, § 11, eff. Jan. 1, 1991;
Laws 1991, c. 162, § 4, emerg. eff. May 7, 1991; Laws 1992, c. 217,
§ 5, eff. July 1, 1992; Laws 1998, c. 345, § 1, eff. Nov. 1, 1998;
Laws 2001, c. 131, § 6, eff. July 1, 2001; Laws 2002, c. 86, § 3,
emerg. eff. April 17, 2002; Laws 2004, c. 418, § 8, eff. July 1,
2004; Laws 2005, c. 457, § 1, eff. Nov. 1, 2005; Laws 2006, c. 311,
§ 6, emerg. eff. June 8, 2006; Laws 2022, c. 282, § 39, emerg. eff.
May 19, 2022; Laws 2024, c. 450, § 1, eff. Nov. 1, 2024.
NOTE: Laws 2022, c. 282, § 39 was purportedly repealed by Laws
2024, c. 452, § 37 but without reference to Laws 2024, c. 450, § 1,
which amended it.
§47-6-103. Persons not to be licensed - Appeal.
A. Except as otherwise provided by law, Service Oklahoma shall
not issue a driver license to:
1. Any person who is under eighteen (18) years of age, except
that Service Oklahoma may issue a Class D license to any person who
attains sixteen (16) years of age on or after August 15, 2000, and
meets the requirements of Sections 6-105 and 6-107.3 of this title;
2. Any unemancipated person who is under eighteen (18) years of
age and whose custodial legal parent or legal guardian does not
Oklahoma Statutes - Title 47. Motor Vehicles
approve the issuance of a license as required by Section 6-110.2 of
this title or objects to the issuance of a license or permit by
filing an objection pursuant to Section 6-103.1 of this title;
3. Any person whose driving privilege has been suspended,
revoked, canceled or denied in this state or any other state or
country until the driving privilege has been reinstated by the state
or country withdrawing the privilege;
4. Any person who is classified as an excessive user of
alcohol, any other intoxicating substance, or a combination of
alcohol and any other intoxicating substance, and inimical to public
safety, in accordance with rules promulgated by the Department,
until all requirements granting or reinstating driving privileges
are met, including, but not limited to, abstinence from the use of
alcohol, any other intoxicating substance, or any combination of
alcohol and any other intoxicating substance for a minimum of either
twelve (12) months or eighteen (18) months, as determined by OAC
595:10-5, immediately preceding application for or application for
reinstatement of driving privileges;
5. Any person who is required by Section 6-101 et seq. of this
title to take an examination, unless the person shall have
successfully passed the examination;
6. Any person who is required under the laws of this state to
deposit proof of financial responsibility and who has not deposited
such proof;
7. Any person who is physically deformed or who is afflicted
with any mental disease or physical condition that would impair the
driving ability of the person or when the Commissioner of Public
Safety, from information concerning the person or from the records
and reports on file in the Department of Public Safety, determines
that the operation of a motor vehicle by such person on the highways
would be inimical to public safety or welfare;
8. Any person who is a nonresident, as defined in Section 1-137
of this title;
9. Any alien unless such person presents valid documentation of
identity and authorization for presence in the United States issued
pursuant to the laws of the United States; provided, no license
shall be issued to any alien whose documentation indicates the alien
is a visitor or is not eligible to establish residency; or
10. Any person who possesses a valid license to operate a motor
vehicle issued by another state until the other state license has
been surrendered.
B. Any applicant who is denied a license under the provisions
of subsection A of this section shall have the right to an appeal as
provided in Section 6-211 of this title.
Added by Laws 1961, p. 341, § 6-103, eff. Sept. 1, 1961. Amended by
Laws 1985, c. 45, § 2, eff. Jan. 1, 1986; Laws 1985, c. 338, § 2,
eff. Jan. 1, 1986; Laws 1990, c. 219, § 12, eff. Jan. 1, 1991; Laws
Oklahoma Statutes - Title 47. Motor Vehicles
1992, c. 217, § 6, eff. July 1, 1992; Laws 1996, c. 254, § 2, eff.
Nov. 1, 1996; Laws 1997, c. 2, § 5, emerg. eff. Feb. 26, 1997; Laws
1997, c. 201, § 2, eff. Nov. 1, 1997; Laws 1999, c. 161, § 1, eff.
Aug. 15, 2000; Laws 2000, c. 277, § 3, eff. Nov. 1, 2000; Laws 2002,
c. 114, § 1, eff. Nov. 1, 2002; Laws 2003, c. 392, § 3, eff. July 1,
2003; Laws 2006, c. 311, § 7, emerg. eff. June 8, 2006; Laws 2007,
c. 326, § 5, eff. Nov. 1, 2007; Laws 2022, c. 282, § 40, emerg. eff.
May 19, 2022.
NOTE: Laws 1996, c. 247, § 38 repealed by Laws 1997, c. 2, § 26,
emerg. eff. Feb. 26, 1997.
§47-6-103.1. Parental objection to licensing of unemancipated
child.
A. Any legal custodial parent or legal guardian may prohibit
the licensing of or cause the cancellation of a license previously
issued to his or her unemancipated child by filing an objection with
Service Oklahoma on a form prescribed by Service Oklahoma. Service
Oklahoma shall refuse to issue or shall cancel a license when an
objection has been properly filed by a legal custodial parent or
legal guardian. A license may not be issued and a previous license
shall remain canceled until the objection is withdrawn by the legal
custodial parent or legal guardian or until the child attains
eighteen (18) years of age. A license canceled because a legal
custodial parent or legal guardian has filed an objection may be
reinstated only after a period of three (3) months. No fee shall be
assessed by Service Oklahoma for reinstatement of a license pursuant
to the provisions of this act.
B. No legal custodial parent or legal guardian shall be found
liable for negligent entrustment of an unemancipated child for
failure to file an objection pursuant to the provisions of this
section.
Added by Laws 1996, c. 254, § 3, eff. Nov. 1, 1996. Amended by Laws
2006, c. 311, § 8, emerg. eff. June 8, 2006; Laws 2022, c. 282, §
41, emerg. eff. May 19, 2022.
§47-6-104.
Repealed by Laws 1990, c. 219, § 47, eff. Jan. 1, 1991.
§47-6-105. See the following versions:
OS 47-6-105v1 (SB 1766, Laws 2024, c. 450, § 2).
OS 47-6-105v2 (SB 2038, Laws 2024, c. 452, § 38).
OS 47-6-105v3 (HB 1854, Laws 2024, c. 11, § 3).
§47-6-105.1.
30, 2007.
Repealed by Laws 2007, c. 62, § 36, emerg. eff. April
§47-6-105.2.
Instructor permit.
Oklahoma Statutes - Title 47. Motor Vehicles
Service Oklahoma may issue an instructor permit to any qualified
secondary school driver education instructor as defined by the State
Board of Education rules and regulations for Oklahoma high school
driver and traffic safety education or any driver education
instructor, certified by Service Oklahoma, 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. Service
Oklahoma shall promulgate rules for the issuance of the permits.
Any instructor as defined in this section who has been issued a
permit may instruct any person who is at least fifteen and one-half
(15 1/2) years of age, any person who is at least thirteen and onehalf (13 1/2) years of age who will qualify for the permit to
operate farm vehicles as provided for in Section 6-105 of this
title, or any person 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 or a driver
education course, certified by Service Oklahoma, 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.
Added by Laws 2005, c. 457, § 3, eff. Nov. 1, 2005. Amended by Laws
2022, c. 282, § 43, emerg. eff. May 19, 2022; Laws 2024, c. 450, §
3, eff. Nov. 1, 2024.
§47-6-105.3. See the following versions:
OS 47-6-105.3v1 (HB 1854, Laws 2024, c. 11, § 4)
OS 47-6-105.3v2 (HB 3599, Laws 2024, c. 101, § 1)
OS 47-6-105.3v3 (HB 3231, Laws 2024, c. 315, § 3)
OS 47-6-105.3v4 (HB 1751, Laws 2025, c. 330, § 4)
§47-6-105.3v1. Issuance of identification card – Fees.
A. In addition to the licenses to operate motor vehicles, the
Department of Public Safety may issue cards to Oklahoma residents
for purposes of identification only. The identification cards shall
be issued, renewed, replaced, canceled and denied in the same manner
as driver licenses in this state. A licensee whose record reflects
a notation of the person's proof of legal presence, verified by the
U.S. Department of Homeland Security, or proof of U.S. citizenship,
may obtain a REAL ID Compliant Identification Card or a Noncompliant
Identification Card from a motor license agent or the Department of
Public Safety, regardless of the status of the license held by the
Oklahoma Statutes - Title 47. Motor Vehicles
licensee. Provided, the licensee must comply with all REAL ID
documentation requirements to obtain a REAL ID Compliant
Identification Card. A person shall not apply for or possess more
than one state-issued or territory-issued REAL ID Compliant
Identification Card pursuant to the provisions of Section 6-101 of
this title.
The application for an identification card by any person under
the age of eighteen (18) years shall be signed and verified by a
custodial legal parent or legal guardian, either in person before a
person authorized to administer oaths or electronically if
completing an online application, or a notarized affidavit signed by
a custodial legal parent or legal guardian submitted before a person
authorized to administer oaths by the person under the age of
eighteen (18) years with the application. Except as otherwise
provided in this section, the identification cards shall be valid
for a period of either four (4) years from the month of issuance or
eight (8) years from the month of issuance; however, the REAL ID
Noncompliant identification cards issued to persons sixty-five (65)
years of age or older shall be valid indefinitely from the month of
issuance.
B. 1. The Department of Corrections shall coordinate with the
Department of Public Safety to provide REAL ID Noncompliant
Identification Cards to all inmates who do not have a current stateissued identification card or driver license upon their release from
custody. The identification cards shall be issued, replaced,
canceled and denied in the same manner as driver licenses in this
state.
2. The Department of Public Safety shall allow the use of a
certified copy of a birth certificate coupled with a Department of
Corrections-issued consolidated record card to serve as a valid form
of photo identification documentation to obtain a REAL ID
Noncompliant Identification Card.
3. REAL ID Noncompliant Identification Cards issued with a
consolidated record card from the Department of Corrections for
inmates shall be valid for a period of four (4) years from the month
of issuance for an allowable fee to be determined by the Department
of Public Safety and are nonrenewable and nontransferable.
4. The fee charged for the issuance or replacement of a REAL ID
Noncompliant Identification Card pursuant to this subsection shall
be deposited in the Department of Public Safety Revolving Fund.
Provided, however, REAL ID Noncompliant Identification Cards issued
to individuals required to register pursuant to the Sex Offenders
Registration Act shall only be valid for a period of one (1) year.
No person sixty-five (65) years of age or older shall be charged a
fee for a REAL ID Noncompliant Identification Card.
5. The Department of Public Safety is authorized to promulgate
rules and procedures to implement the provisions of this subsection.
Oklahoma Statutes - Title 47. Motor Vehicles
C. No person shall hold more than one state-issued or
territory-issued REAL ID Compliant Driver License or REAL ID
Compliant Identification Card, as defined in subsection G of Section
6-101 of this title. The Department shall not issue a REAL ID
Compliant Identification Card to any applicant who has been
previously issued a REAL ID Compliant Driver License or REAL ID
Compliant Identification Card unless such license or identification
card has been surrendered to the Department by the applicant. The
Department may promulgate rules related to the issuance of
replacement REAL ID Compliant Identification Cards in the event of
loss or theft.
D. The fee charged for the issuance or renewal of a REAL ID
Compliant Identification Card shall be Twenty-five Dollars ($25.00)
for a 4-year card and Fifty Dollars ($50.00) for an 8-year card.
The fee charged for the issuance or renewal of a REAL ID
Noncompliant Identification Card pursuant to this section shall be
Twenty-five Dollars ($25.00) for a 4-year card and Fifty Dollars
($50.00) for an 8-year card; however, no person sixty-five (65)
years of age or older, or one hundred percent (100%) disabled
veteran described in subsection P of Section 6-101 of this title
shall be charged a fee for an identification card. Of each fee
charged pursuant to the provisions of this subsection:
1. Seven Dollars ($7.00) of a 4-year card and Fourteen Dollars
($14.00) of an 8-year card shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department;
3. Ten Dollars ($10.00) of a 4-year card and Twenty Dollars
($20.00) of an 8-year card shall be deposited in the Department of
Public Safety Revolving Fund;
4. Three Dollars ($3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) for a 4-year card and Four Dollars
($4.00) for an 8-year card of the fee authorized by this subsection
related to the issuance or renewal of an identification card by a
motor license agent that does process approved applications or
renewals for REAL ID Compliant and REAL ID Non-Compliant Driver
Licenses or Identification Cards shall be retained by the licensed
operator through June 30, 2023. Beginning July 1, 2023, these
monies shall be retained by the licensed operator pursuant to
subsection E of Section 1141.1 of this title.
E. The fee charged for replacement of a REAL ID Compliant
Identification Card, or REAL ID Non-Compliant Identification Card,
Oklahoma Statutes - Title 47. Motor Vehicles
shall be Twenty-five Dollars ($25.00); however, no person sixty-five
(65) years of age or older shall be charged a fee for an
identification card replacement. Of each fee charged pursuant to
the provisions of this subsection:
1. Seven Dollars ($7.00) shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department;
3. Ten Dollars ($10.00) shall be deposited in the Department of
Public Safety Revolving Fund;
4. Three Dollars ($3.00) shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) of the fee authorized by this subsection
related to the replacement of an identification card by a motor
license agent that does process approved applications or renewals
for REAL ID Compliant or REAL ID Non-Compliant Driver Licenses or
Identification Cards shall be retained by the licensed operator
through June 30, 2023. Beginning July 1, 2023, these monies shall
be retained by the licensed operator pursuant to subsection E of
Section 1141.1 of this title.
F. 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 or driver license so issued through June 30, 2023.
The Tax Commission shall develop procedures for claims for
reimbursement.
G. Notwithstanding any other provision of law, when a person
makes application for a new identification card, or makes
application to renew an identification card, and the person has been
convicted of, or received a deferred judgment for, any offense
required to register pursuant to the Sex Offenders Registration Act,
the identification card shall be valid for a period of one (1) year
from the month of issuance, but may be renewed yearly during the
time the person is subject to registration on the Sex Offender
Registry. The cost for such identification card shall be the same
as for other identification cards and renewals.
H. Nothing in this section requires or authorizes the
Department of Public Safety to issue a REAL ID Noncompliant
Identification Card without the documentation required by the
provisions of paragraph 9 of subsection A of Section 6-103 of this
title.
Added by Laws 2005, c. 457, § 4, eff. Nov. 1, 2005. Amended by Laws
2006, c. 294, § 2, eff. July 1, 2006; Laws 2007, c. 1, § 27, emerg.
eff. Feb. 22, 2007; Laws 2013, c. 116, § 1, eff. Nov. 1, 2013; Laws
Oklahoma Statutes - Title 47. Motor Vehicles
2013, c. 259, § 3, eff. Nov. 1, 2013; Laws 2015, c. 266, § 1, eff.
Nov. 1, 2015; Laws 2017, c. 1, § 2, emerg. eff. March 2, 2017; Laws
2021, c. 24, § 2, emerg. eff. April 19, 2021; Laws 2021, c. 522, §
2, emerg. eff. May 24, 2021; Laws 2022, c. 65, § 1, eff. Nov. 1,
2022; Laws 2023, 1st Ex. Sess., c. 47, § 6, eff. July 1, 2023; Laws
2024, c. 11, § 4, emerg. eff. April 18, 2024.
NOTE: Laws 2006, c. 311, § 10 repealed by Laws 2007, c. 1, § 28,
emerg. eff. Feb. 22, 2007. Laws 2021, c. 70, § 3 repealed by Laws
2021, c. 522, § 7, emerg. eff. May 24, 2021.
NOTE: Laws 2023, 1st Ex. Sess., c. 47, § 6 was purportedly repealed
by Laws 2024, c. 452, § 43 but without reference to Laws 2024, c.
11, § 4, which amended it.
§47-6-105.3v2. Issuance of identification card – Fees.
A. In addition to the licenses to operate motor vehicles,
Service Oklahoma may issue cards to Oklahoma residents for purposes
of identification only. The identification cards shall be issued,
renewed, replaced, canceled and denied in the same manner as driver
licenses in this state. A licensee whose record reflects a notation
of the person's proof of legal presence, verified by the U.S.
Department of Homeland Security, or proof of U.S. citizenship, may
obtain a REAL ID Compliant Identification Card or a Noncompliant
Identification Card from a licensed operator or Service Oklahoma,
regardless of the status of the license held by the licensee.
Provided, the licensee must comply with all REAL ID documentation
requirements to obtain a REAL ID Compliant Identification Card. A
person shall not apply for or possess more than one state-issued or
territory-issued REAL ID Compliant Identification Card pursuant to
the provisions of Section 6-101 of this title.
The application for an identification card by any person under
the age of eighteen (18) years shall be signed and verified by a
custodial legal parent or legal guardian, either in person before a
person authorized to administer oaths or electronically if
completing an online application, or a notarized affidavit signed by
a custodial legal parent or legal guardian submitted before a person
authorized to administer oaths by the person under the age of
eighteen (18) years with the application. Except as otherwise
provided in this section, the identification cards shall be valid
for a period of either four (4) years from the month of issuance or
eight (8) 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.
B. 1. The Department of Corrections shall coordinate with
Service Oklahoma to provide REAL ID Noncompliant Identification
Cards to all inmates who do not have a current state-issued
identification card or driver license upon their release from
custody. The identification cards shall be issued, replaced,
Oklahoma Statutes - Title 47. Motor Vehicles
canceled and denied in the same manner as driver licenses in this
state.
2. Service Oklahoma shall allow the use of a copy of a birth
certificate coupled with a Department of Corrections-issued
consolidated record card to serve as a valid form of photo
identification documentation to obtain a REAL ID Noncompliant
Identification Card.
3. REAL ID Noncompliant Identification Cards issued with a
consolidated record card from the Department of Corrections for
inmates shall be valid for a period of four (4) years from the month
of issuance for an allowable fee to be determined by Service
Oklahoma and are nonrenewable and nontransferable.
4. The fee charged for the issuance or replacement of a REAL ID
Noncompliant Identification Card pursuant to this subsection shall
be deposited in the Department of Public Safety Revolving Fund.
Provided, however, REAL ID Noncompliant Identification Cards issued
to individuals required to register pursuant to the Sex Offenders
Registration Act shall only be valid for a period of one (1) year.
No person sixty-five (65) years of age or older shall be charged a
fee for a REAL ID Noncompliant Identification Card.
5. Service Oklahoma is authorized to promulgate rules and
procedures to implement the provisions of this subsection.
C. No person shall hold more than one state-issued or
territory-issued REAL ID Compliant Driver License or REAL ID
Compliant Identification Card, as defined in subsection G of Section
6-101 of this title. Service Oklahoma shall not issue a REAL ID
Compliant Identification Card to any applicant who has been
previously issued a REAL ID Compliant Driver License or REAL ID
Compliant Identification Card unless such license or identification
card has been surrendered to Service Oklahoma by the applicant.
Service Oklahoma may promulgate rules related to the issuance of
replacement REAL ID Compliant Identification Cards in the event of
loss or theft.
D. The fee charged for the issuance or renewal of a REAL ID
Compliant Identification Card shall be Twenty-five Dollars ($25.00)
for a 4-year card and Fifty Dollars ($50.00) for an 8-year card.
The fee charged for the issuance or renewal of a REAL ID
Noncompliant Identification Card pursuant to this section shall be
Twenty-five Dollars ($25.00) for a 4-year card and Fifty Dollars
($50.00) for an 8-year card; however, no person sixty-five (65)
years of age or older, or one hundred percent (100%) disabled
veteran described in subsection P of Section 6-101 of this title
shall be charged a fee for an identification card. Of each fee
charged pursuant to the provisions of this subsection:
1. Seven Dollars ($7.00) of a 4-year card and Fourteen Dollars
($14.00) of an 8-year card shall be apportioned as provided in
Section 1104 of this title;
Oklahoma Statutes - Title 47. Motor Vehicles
2. Three Dollars ($3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department;
3. Ten Dollars ($10.00) of a 4-year card and Twenty Dollars
($20.00) of an 8-year card shall be deposited in the Department of
Public Safety Revolving Fund;
4. Three Dollars ($3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) for a 4-year card and Four Dollars
($4.00) for an 8-year card of the fee authorized by this subsection
related to the issuance or renewal of an identification card by a
licensed operator that does process approved applications or
renewals for REAL ID Compliant and REAL ID Noncompliant Driver
Licenses or Identification Cards shall be retained by the licensed
operator through June 30, 2023. Beginning July 1, 2023, these
monies shall be retained by the licensed operator pursuant to
subsection E of Section 1141.1 of this title.
E. The fee charged for replacement of a REAL ID Compliant
Identification Card, or REAL ID Noncompliant Identification Card,
shall be Twenty-five Dollars ($25.00); however, no person sixty-five
(65) years of age or older shall be charged a fee for an
identification card replacement. Of each fee charged pursuant to
the provisions of this subsection:
1. Seven Dollars ($7.00) shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department;
3. Ten Dollars ($10.00) shall be deposited in the Department of
Public Safety Revolving Fund;
4. Three Dollars ($3.00) shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) of the fee authorized by this subsection
related to the replacement of an identification card by a licensed
operator that does process approved applications or renewals for
REAL ID Compliant or REAL ID Noncompliant Driver Licenses or
Identification Cards shall be retained by the licensed operator
through June 30, 2023. Beginning July 1, 2023, these monies shall
be retained by the licensed operator pursuant to subsection E of
Section 1141.1 of this title.
F. The Oklahoma Tax Commission is hereby authorized to
reimburse, from funds available to that agency, each licensed
operator issuing an identification card to a person sixty-five (65)
Oklahoma Statutes - Title 47. Motor Vehicles
years of age or older, an amount not to exceed One Dollar ($1.00)
for each card or driver license so issued through June 30, 2023.
The Tax Commission shall develop procedures for claims for
reimbursement.
G. Notwithstanding any other provision of law, when a person
makes application for a new identification card, or makes
application to renew an identification card, and the person has been
convicted of, or received a deferred judgment for, any offense
required to register pursuant to the Sex Offenders Registration Act,
the identification card shall be valid for a period of one (1) year
from the month of issuance, but may be renewed yearly during the
time the person is subject to registration on the Sex Offender
Registry. The cost for such identification card shall be the same
as for other identification cards and renewals.
H. Nothing in this section requires or authorizes Service
Oklahoma to issue a REAL ID Noncompliant Identification Card without
the documentation required by the provisions of paragraph 9 of
subsection A of Section 6-103 of this title.
Added by Laws 2005, c. 457, § 4, eff. Nov. 1, 2005. Amended by Laws
2006, c. 294, § 2, eff. July 1, 2006; Laws 2007, c. 1, § 27, emerg.
eff. Feb. 22, 2007; Laws 2013, c. 116, § 1, eff. Nov. 1, 2013; Laws
2013, c. 259, § 3, eff. Nov. 1, 2013; Laws 2015, c. 266, § 1, eff.
Nov. 1, 2015; Laws 2017, c. 1, § 2, emerg. eff. March 2, 2017; Laws
2021, c. 24, § 2, emerg. eff. April 19, 2021; Laws 2021, c. 522, §
2, emerg. eff. May 24, 2021; Laws 2022, c. 65, § 1, eff. Nov. 1,
2022; Laws 2023, 1st Ex. Sess., c. 47, § 6, eff. July 1, 2023; Laws
2024, c. 101, § 1, eff. Nov. 1, 2024.
NOTE: Laws 2006, c. 311, § 10 repealed by Laws 2007, c. 1, § 28,
emerg. eff. Feb. 22, 2007. Laws 2021, c. 70, § 3 repealed by Laws
2021, c. 522, § 7, emerg. eff. May 24, 2021.
NOTE: Laws 2023, 1st Ex. Sess., c. 47, § 6 was purportedly repealed
by Laws 2024, c. 452, § 43 but without reference to Laws 2024, c.
101, § 1, which amended it.
§47-6-105.3v3. Issuance of identification card – Fees.
A. In addition to the licenses to operate motor vehicles, the
Department of Public Safety may issue cards to Oklahoma residents
for purposes of identification only. The identification cards shall
be issued, renewed, replaced, canceled and denied in the same manner
as driver licenses in this state. A licensee whose record reflects
a notation of the person's proof of legal presence, verified by the
U.S. Department of Homeland Security, or proof of U.S. citizenship,
may obtain a REAL ID Compliant Identification Card or a Noncompliant
Identification Card from a motor license agent or the Department of
Public Safety, regardless of the status of the license held by the
licensee. Provided, the licensee must comply with all REAL ID
documentation requirements to obtain a REAL ID Compliant
Oklahoma Statutes - Title 47. Motor Vehicles
Identification Card. A person shall not apply for or possess more
than one state-issued or territory-issued REAL ID Compliant
Identification Card pursuant to the provisions of Section 6-101 of
this title.
The application for an identification card by any person under
the age of eighteen (18) years shall be signed and verified by a
custodial legal parent or legal guardian, either in person before a
person authorized to administer oaths or electronically if
completing an online application, or a notarized affidavit signed by
a custodial legal parent or legal guardian submitted before a person
authorized to administer oaths by the person under the age of
eighteen (18) years with the application. Provided, that persons
under eighteen (18) years of age who are homeless children and
youth, as defined in Section 600 of Title 10 of the Oklahoma
Statutes and verified as such through the process established in
Section 2 of this act, shall be allowed to apply for a REAL ID
Noncompliant Identification Card, which shall be valid for a period
of four (4) years from the month of issuance, without the signature
of their parent or legal guardian. Except as otherwise provided in
this section, the identification cards shall be valid for a period
of either four (4) years from the month of issuance or eight (8)
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.
B. 1. The Department of Corrections shall coordinate with the
Department of Public Safety to provide REAL ID Noncompliant
Identification Cards to all inmates who do not have a current stateissued identification card or driver license upon their release from
custody. The identification cards shall be issued, replaced,
canceled and denied in the same manner as driver licenses in this
state.
2. The Department of Public Safety shall allow the use of a
certified copy of a birth certificate coupled with a Department of
Corrections-issued consolidated record card to serve as a valid form
of photo identification documentation to obtain a REAL ID
Noncompliant Identification Card.
3. REAL ID Noncompliant Identification Cards issued with a
consolidated record card from the Department of Corrections for
inmates shall be valid for a period of four (4) years from the month
of issuance for an allowable fee to be determined by the Department
of Public Safety and are nonrenewable and nontransferable.
4. The fee charged for the issuance or replacement of a REAL ID
Noncompliant Identification Card pursuant to this subsection shall
be deposited in the Department of Public Safety Revolving Fund.
Provided, however, REAL ID Noncompliant Identification Cards issued
to individuals required to register pursuant to the Sex Offenders
Registration Act shall only be valid for a period of one (1) year.
Oklahoma Statutes - Title 47. Motor Vehicles
No person sixty-five (65) years of age or older shall be charged a
fee for a REAL ID Noncompliant Identification Card.
5. The Department of Public Safety is authorized to promulgate
rules and procedures to implement the provisions of this subsection.
C. No person shall hold more than one state-issued or
territory-issued REAL ID Compliant Driver License or REAL ID
Compliant Identification Card, as defined in subsection G of Section
6-101 of this title. The Department shall not issue a REAL ID
Compliant Identification Card to any applicant who has been
previously issued a REAL ID Compliant Driver License or REAL ID
Compliant Identification Card unless such license or identification
card has been surrendered to the Department by the applicant. The
Department may promulgate rules related to the issuance of
replacement REAL ID Compliant Identification Cards in the event of
loss or theft.
D. The fee charged for the issuance or renewal of a REAL ID
Compliant Identification Card shall be Twenty-five Dollars ($25.00)
for a 4-year card and Fifty Dollars ($50.00) for an 8-year card.
The fee charged for the issuance or renewal of a REAL ID
Noncompliant Identification Card pursuant to this section shall be
Twenty-five Dollars ($25.00) for a 4-year card and Fifty Dollars
($50.00) for an 8-year card; however, no person sixty-five (65)
years of age or older, one hundred percent (100%) disabled veteran
described in subsection P of Section 6-101 of this title, or persons
who are homeless children and youth as defined in Section 600 of
Title 10 of the Oklahoma Statutes and verified through the process
established in Section 2 of this act shall be charged a fee for an
identification card. Of each fee charged pursuant to the provisions
of this subsection:
1. Seven Dollars ($7.00) of a 4-year card and Fourteen Dollars
($14.00) of an 8-year card shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department;
3. Ten Dollars ($10.00) of a 4-year card and Twenty Dollars
($20.00) of an 8-year card shall be deposited in the Department of
Public Safety Revolving Fund;
4. Three Dollars ($3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) for a 4-year card and Four Dollars
($4.00) for an 8-year card of the fee authorized by this subsection
related to the issuance or renewal of an identification card by a
motor license agent that does process approved applications or
Oklahoma Statutes - Title 47. Motor Vehicles
renewals for REAL ID Compliant and REAL ID Noncompliant Driver
Licenses or Identification Cards shall be retained by the licensed
operator through June 30, 2023. Beginning July 1, 2023, these
monies shall be retained by the licensed operator pursuant to
subsection E of Section 1141.1 of this title.
E. The fee charged for replacement of a REAL ID Compliant
Identification Card, or REAL ID Noncompliant Identification Card,
shall be Twenty-five Dollars ($25.00); however, no person sixty-five
(65) years of age or older shall be charged a fee for an
identification card replacement. Of each fee charged pursuant to
the provisions of this subsection:
1. Seven Dollars ($7.00) shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department;
3. Ten Dollars ($10.00) shall be deposited in the Department of
Public Safety Revolving Fund;
4. Three Dollars ($3.00) shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) of the fee authorized by this subsection
related to the replacement of an identification card by a motor
license agent that does process approved applications or renewals
for REAL ID Compliant or REAL ID Noncompliant Driver Licenses or
Identification Cards shall be retained by the licensed operator
through June 30, 2023. Beginning July 1, 2023, these monies shall
be retained by the licensed operator pursuant to subsection E of
Section 1141.1 of this title.
F. 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 or driver license so issued through June 30, 2023.
The Tax Commission shall develop procedures for claims for
reimbursement.
G. Notwithstanding any other provision of law, when a person
makes application for a new identification card, or makes
application to renew an identification card, and the person has been
convicted of, or received a deferred judgment for, any offense
required to register pursuant to the Sex Offenders Registration Act,
the identification card shall be valid for a period of one (1) year
from the month of issuance, but may be renewed yearly during the
time the person is subject to registration on the Sex Offender
Registry. The cost for such identification card shall be the same
as for other identification cards and renewals.
Oklahoma Statutes - Title 47. Motor Vehicles
H. Nothing in this section requires or authorizes the
Department of Public Safety to issue a REAL ID Noncompliant
Identification Card without the documentation required by the
provisions of paragraph 9 of subsection A of Section 6-103 of this
title.
Added by Laws 2005, c. 457, § 4, eff. Nov. 1, 2005. Amended by Laws
2006, c. 294, § 2, eff. July 1, 2006; Laws 2007, c. 1, § 27, emerg.
eff. Feb. 22, 2007; Laws 2013, c. 116, § 1, eff. Nov. 1, 2013; Laws
2013, c. 259, § 3, eff. Nov. 1, 2013; Laws 2015, c. 266, § 1, eff.
Nov. 1, 2015; Laws 2017, c. 1, § 2, emerg. eff. March 2, 2017; Laws
2021, c. 24, § 2, emerg. eff. April 19, 2021; Laws 2021, c. 522, §
2, emerg. eff. May 24, 2021; Laws 2022, c. 65, § 1, eff. Nov. 1,
2022; Laws 2023, 1st Ex. Sess., c. 47, § 6, eff. July 1, 2023; Laws
2024, c. 315, § 3, eff. Nov. 1, 2024.
NOTE: Laws 2006, c. 311, § 10 repealed by Laws 2007, c. 1, § 28,
emerg. eff. Feb. 22, 2007. Laws 2021, c. 70, § 3 repealed by Laws
2021, c. 522, § 7, emerg. eff. May 24, 2021.
NOTE: Laws 2023, 1st Ex. Sess., c. 47, § 6 was purportedly repealed
by Laws 2024, c. 452, § 43 but without reference to Laws 2024, c.
315, § 3, which amended it.
§47-6-105.3v4. Issuance of identification card – Fees.
A. In addition to the licenses to operate motor vehicles,
Service Oklahoma may issue cards to Oklahoma residents for purposes
of identification only. The identification cards shall be issued,
renewed, replaced, canceled and denied in the same manner as driver
licenses in this state. Provided, any person who holds both a
driver license and identification card from Oklahoma as of November
1, 2025, may continue to possess both credentials until the first
expiration of either credential. At that time, the person shall be
allowed to retain, replace, or renew either the driver license or
identification card and shall surrender the second credential to
Service Oklahoma. A licensee whose record reflects a notation of
the person's proof of legal presence, verified by the U.S.
Department of Homeland Security, or proof of U.S. citizenship, may
obtain a REAL ID Compliant Identification Card or a Noncompliant
Identification Card from a licensed operator or Service Oklahoma,
regardless of the status of the license held by the licensee.
Provided, the licensee must comply with all REAL ID documentation
requirements to obtain a REAL ID Compliant Identification Card. A
person shall not apply for or possess more than one state-issued or
territory-issued REAL ID Compliant Identification Card pursuant to
the provisions of Section 6-101 of this title.
The application for an identification card by any person under
the age of eighteen (18) years shall be signed and verified by a
custodial legal parent or legal guardian, either in person before a
person authorized to administer oaths or electronically if
Oklahoma Statutes - Title 47. Motor Vehicles
completing an online application, or a notarized affidavit signed by
a custodial legal parent or legal guardian submitted before a person
authorized to administer oaths by the person under the age of
eighteen (18) years with the application. Except as otherwise
provided in this section, the identification cards shall be valid
for a period of either four (4) years from the month of issuance or
eight (8) 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.
B. 1. The Department of Corrections shall coordinate with
Service Oklahoma to provide REAL ID Noncompliant Identification
Cards to all inmates who do not have a current state-issued
identification card or driver license upon their release from
custody. The identification cards shall be issued, replaced,
canceled and denied in the same manner as driver licenses in this
state.
2. Service Oklahoma shall allow the use of a certified copy of
a birth certificate coupled with a Department of Corrections-issued
consolidated record card to serve as a valid form of photo
identification documentation to obtain a REAL ID Noncompliant
Identification Card.
3. REAL ID Noncompliant Identification Cards issued with a
consolidated record card from the Department of Corrections for
inmates shall be valid for a period of four (4) years from the month
of issuance for an allowable fee to be determined by Service
Oklahoma and are nonrenewable and nontransferable.
4. The fee charged for the issuance or replacement of a REAL ID
Noncompliant Identification Card pursuant to this subsection shall
be deposited in the Department of Public Safety Revolving Fund
through October 31, 2022. Beginning November 1, 2022, this fee
shall be deposited in the Service Oklahoma Revolving Fund.
Provided, however, REAL ID Noncompliant Identification Cards issued
to individuals required to register pursuant to the Sex Offenders
Registration Act shall only be valid for a period of one (1) year.
No person sixty-five (65) years of age or older shall be charged a
fee for a REAL ID Noncompliant Identification Card.
5. Service Oklahoma is authorized to promulgate rules and
procedures to implement the provisions of this subsection.
C. No person shall hold more than one state-issued or
territory-issued driver license or identification card, as defined
in subsection G of Section 6-101 of this title. Service Oklahoma
shall not issue an identification card to any applicant who has been
previously issued a driver license or identification card unless
such license or identification card has been surrendered to Service
Oklahoma by the applicant. Provided, any person who holds both a
driver license and identification card from Oklahoma as of November
1, 2025, may continue to possess both credentials until the first
Oklahoma Statutes - Title 47. Motor Vehicles
expiration of either credential. At that time, the person shall be
allowed to retain, replace, or renew either the driver license or
identification card and shall surrender the second credential to
Service Oklahoma. Service Oklahoma may promulgate rules related to
the issuance of replacement REAL ID Compliant Identification Cards
in the event of loss or theft.
D. The fee charged for the issuance or renewal of a REAL ID
Compliant Identification Card shall be Twenty-five Dollars ($25.00)
for a 4-year card and Fifty Dollars ($50.00) for an 8-year card.
The fee charged for the issuance or renewal of a REAL ID
Noncompliant Identification Card pursuant to this section shall be
Twenty-five Dollars ($25.00) for a 4-year card and Fifty Dollars
($50.00) for an 8-year card; however, no person sixty-five (65)
years of age or older, or one hundred percent (100%) disabled
veteran described in subsection P of Section 6-101 of this title
shall be charged a fee for an identification card. Of each fee
charged pursuant to the provisions of this subsection:
1. Seven Dollars ($7.00) of a 4-year card and Fourteen Dollars
($14.00) of an 8-year card shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department through October 31,
2022. Beginning November 1, 2022, Three Dollars ($3.00) of a 4-year
card and Six Dollars ($6.00) of an 8-year card shall be credited to
the Service Oklahoma Computer Imaging System Revolving Fund to be
used solely for the purpose of administration and maintenance of the
computerized imaging system of Service Oklahoma;
3. Ten Dollars ($10.00) of a 4-year card and Twenty Dollars
($20.00) of an 8-year card shall be deposited in the Department of
Public Safety Revolving Fund through October 31, 2022. Beginning
November 1, 2022, this fee shall be deposited in the Service
Oklahoma Revolving Fund;
4. Three Dollars ($3.00) of a 4-year card and Six Dollars
($6.00) of an 8-year card shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) for a 4-year card and Four Dollars
($4.00) for an 8-year card of the fee authorized by this subsection
related to the issuance or renewal of an identification card by a
licensed operator that does process approved applications or
renewals for REAL ID Compliant and REAL ID Noncompliant Driver
Licenses or Identification Cards shall be retained by the licensed
operator pursuant to subsection E of Section 1141.1 of this title.
E. The fee charged for replacement of a REAL ID Compliant
Identification Card, or REAL ID Noncompliant Identification Card,
Oklahoma Statutes - Title 47. Motor Vehicles
shall be Twenty-five Dollars ($25.00); however, no person sixty-five
(65) years of age or older shall be charged a fee for an
identification card replacement. Of each fee charged pursuant to
the provisions of this subsection:
1. Seven Dollars ($7.00) shall be apportioned as provided in
Section 1104 of this title;
2. Three Dollars ($3.00) shall be credited to the Department of
Public Safety Computer Imaging System Revolving Fund to be used
solely for the purpose of the administration and maintenance of the
computerized imaging system of the Department through October 31,
2022. Beginning November 1, 2022, Three Dollars ($3.00) shall be
credited to the Service Oklahoma Computer Imaging System Revolving
Fund to be used solely for the purpose of administration and
maintenance of the computerized imaging system of Service Oklahoma;
3. Ten Dollars ($10.00) shall be deposited in the Department of
Public Safety Revolving Fund through October 31, 2022. Beginning
November 1, 2022, this fee shall be deposited in the Service
Oklahoma Revolving Fund;
4. Three Dollars ($3.00) shall be deposited to the State Public
Safety Fund created in Section 2-147 of this title; and
5. Two Dollars ($2.00) of the fee authorized by this subsection
related to the replacement of an identification card by a licensed
operator that does process approved applications or renewals for
REAL ID Compliant or REAL ID Noncompliant Driver Licenses or
Identification Cards shall be retained by the licensed operator
pursuant to subsection E of Section 1141.1 of this title.
F. The Oklahoma Tax Commission is hereby authorized to
reimburse, from funds available to that agency, each licensed
operator 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 or driver license so issued through June 30, 2023.
The Tax Commission shall develop procedures for claims for
reimbursement.
G. Notwithstanding any other provision of law, when a person
makes application for a new identification card, or makes
application to renew an identification card, and the person has been
convicted of, or received a deferred judgment for, any offense
required to register pursuant to the Sex Offenders Registration Act,
the identification card shall be valid for a period of one (1) year
from the month of issuance, but may be renewed yearly during the
time the person is subject to registration on the Sex Offender
Registry. The cost for such identification card shall be the same
as for other identification cards and renewals.
H. Nothing in this section requires or authorizes the
Department of Public Safety to issue a REAL ID Noncompliant
Identification Card without the documentation required by the
Oklahoma Statutes - Title 47. Motor Vehicles
provisions of paragraph 9 of subsection A of Section 6-103 of this
title.
Added by Laws 2005, c. 457, § 4, eff. Nov. 1, 2005. Amended by Laws
2006, c. 294, § 2, eff. July 1, 2006; Laws 2007, c. 1, § 27, emerg.
eff. Feb. 22, 2007; Laws 2013, c. 116, § 1, eff. Nov. 1, 2013; Laws
2013, c. 259, § 3, eff. Nov. 1, 2013; Laws 2015, c. 266, § 1, eff.
Nov. 1, 2015; Laws 2017, c. 1, § 2, emerg. eff. March 2, 2017; Laws
2021, c. 24, § 2, emerg. eff. April 19, 2021; Laws 2021, c. 522, §
2, emerg. eff. May 24, 2021; Laws 2022, c. 282, § 44, emerg. eff.
May 19, 2022; Laws 2024, c. 452, § 42, emerg. eff. June 14, 2024;
Laws 2025, c. 330, § 4, eff. July 1, 2025.
NOTE: Laws 2006, c. 311, § 10 repealed by Laws 2007, c. 1, § 28,
emerg. eff. Feb. 22, 2007. Laws 2021, c. 70, § 3 repealed by Laws
2021, c. 522, § 7, emerg. eff. May 24, 2021.
§47-6-105v1. Graduated Class D licenses — Motorcycle-only licenses
— Farm vehicle special permits.
A. Unless a legal custodial parent or legal guardian has filed
an objection to licensure pursuant to Section 6-103.1 of this title,
any person under eighteen (18) years of age may be permitted to
operate:
1. A Class D motor vehicle under the graduated driver license
provisions prescribed in subsections B through E of this section;
2. A motorcycle under the provisions prescribed in subsection H
of this section; or
3. A farm vehicle under the provisions prescribed in subsection
I of this section.
B. Any person who is at least thirteen and one-half (13 1/2)
years of age who will qualify for the permit to operate farm
vehicles as provided for in subsection I of this section or fifteen
(15) years of age may drive during a session in which the driver is
being instructed in a driver education course, as set out in
subparagraphs a, b, c, d and e of paragraph 1 of subsection C of
this section, by a certified driver education instructor who is
seated in the right front seat of the motor vehicle.
C. Any person:
1. Who is at least fifteen and one-half (15 1/2) years of age
and is currently receiving instruction in or has successfully
completed driver education. For purposes of this section, the term
“driver education” shall mean:
a.
a prescribed secondary school driver education course,
as provided for in Sections 19-113 through 19-123 of
Title 70 of the Oklahoma Statutes,
b.
a driver education course, certified by Service
Oklahoma, from a parochial, private, or other
nonpublic secondary school,
Oklahoma Statutes - Title 47. Motor Vehicles
c.
a commercial driver training course, as defined by
Sections 801 through 808 of this title,
d.
a parent-taught driver education course, certified by
Service Oklahoma. Service Oklahoma shall promulgate
rules for any parent-taught driver education course,
or
e.
a driver education course certified by a state other
than Oklahoma; or
2. Who is at least sixteen (16) years of age,
may, upon successfully passing all parts of the driver license
examination administered by Service Oklahoma, or an approved written
examination proctor, except the driving examination, be issued a
learner permit which will grant the permittee the privilege to
operate a Class D motor vehicle upon the public highways only
between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied
by a licensed driver who is at least twenty-one (21) years of age
and who is actually occupying a seat beside the permittee; provided,
the written examination for a learner permit may be waived by
Service Oklahoma upon verification that the person has successfully
completed driver education.
D. 1. Any person:
a.
who has applied for, been issued, and has possessed a
learner permit for a minimum of six (6) months,
b.
whose custodial legal parent or legal guardian
certifies to Service Oklahoma by sworn affidavit that
the person has received a minimum of fifty (50) hours
of actual behind-the-wheel training, of which at least
ten (10) hours of such training were at night, from a
licensed driver who was at least twenty-one (21) years
of age and who was properly licensed to operate a
Class D motor vehicle for a minimum of two (2) years,
and
c.
who has completed a free course approved by the
Department of Transportation on teen driver work zone
and first responder safety,
may be issued an intermediate Class D license upon successfully
passing all parts of the driver license examinations administered by
Service Oklahoma; provided, the written examination, if it has not
previously been administered or waived, may be waived by Service
Oklahoma upon verification that the person has successfully
completed driver education or the driving examination may be waived
by Service Oklahoma upon successful passage of the examination
administered by a certified designated examiner, as provided for in
Section 6-110 of this title. However, notwithstanding the date of
issuance of the learner permit, if the person has been convicted of
a traffic offense which is reported on the driving record of that
person, the time period specified in subparagraph a of this
Oklahoma Statutes - Title 47. Motor Vehicles
paragraph shall be recalculated to begin from the date of conviction
for the traffic offense, and must elapse before that person may be
issued an intermediate Class D license. If the person has been
convicted of more than one traffic offense which is reported on the
driving record of that person, the time period specified in
subparagraph a of this paragraph shall be recalculated to begin from
the most recent date of conviction, and must elapse before that
person may be issued an intermediate Class D license.
2. A person who has been issued an intermediate Class D license
under the provisions of this subsection:
a.
shall be granted the privilege to operate a Class D
motor vehicle upon the public highways:
(1) only between the hours of 5:00 a.m. and 10:00
p.m., except for driving to and from work,
school, school activities, and church activities,
or
(2) at any time, if a licensed driver who is at least
twenty-one (21) years of age is actually
occupying a seat beside the intermediate Class D
licensee, or if the intermediate Class D licensee
is a farm or ranch resident, and is operating a
motor vehicle while engaged in farming or
ranching operations outside the limits of a
municipality, or driving to and from work,
school, school activities, or church activities,
and
b.
shall not operate a motor vehicle with more than one
passenger unless:
(1) all passengers live in the same household as the
custodial legal parent or legal guardian, or
(2) a licensed driver at least twenty-one (21) years
of age is actually occupying a seat beside the
intermediate Class D licensee.
E. Any person who has been issued an intermediate Class D
license for a minimum of:
1. One (1) year; or
2. Six (6) months, if the person has completed both the driver
education and the parent-certified behind-the-wheel training
provisions of subparagraph b of paragraph 1 of subsection D of this
section,
may be issued a Class D license. However, notwithstanding the date
of issuance of the Class D license, if the person has been convicted
of a traffic offense which is reported on the driving record of that
person, the time periods specified in paragraph 1 or 2 of this
subsection, as applicable, shall be recalculated to begin from the
date of conviction for the traffic offense, and must elapse before
that person may be issued a Class D license. If the person has been
Oklahoma Statutes - Title 47. Motor Vehicles
convicted of more than one traffic offense which is reported on the
driving record of that person, the time periods specified in
paragraph 1 or 2 of this subsection, as applicable, shall be
recalculated to begin from the most recent date of conviction, and
must elapse before that person may be issued a Class D license.
F. Learner permits and intermediate Class D licenses shall be
issued for the same period as all other driver licenses. The
licenses may be suspended or canceled at the discretion of Service
Oklahoma for violation of restrictions, for failing to give the
required or correct information on the application, for knowingly
giving false or inaccurate information on the application or any
subsequent documentation related to the granting of driving
privileges, for using a hand-held electronic device while operating
a motor vehicle for non-life-threatening emergency purposes or for
violation of any traffic laws of this state pertaining to the
operation of a motor vehicle.
G. Service Oklahoma shall promulgate rules establishing
procedures for removal of learner permit and intermediate Class D
license restrictions from the permit or license upon the permittee
or licensee qualifying for a less restricted or an unrestricted
license.
H. Any person fourteen (14) years of age or older may apply for
a restricted Class D license with a motorcycle-only restriction.
After the person has successfully passed all parts of the motorcycle
examination other than the driving examination, has successfully
completed a certified state-approved motorcycle basic rider course
approved by the Department of Public Safety, in conjunction with
Service Oklahoma, and has met all requirements provided for in the
rules of the Department and Service Oklahoma, Service Oklahoma shall
issue to the person a restricted Class D license with a motorcycleonly restriction which shall grant to the person, while having the
license in the person’s immediate possession, the privilege to
operate a motorcycle or motor-driven cycle:
1. With a piston displacement not to exceed three hundred (300)
cubic centimeters;
2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
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 or motor-driven cycle, 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-only restriction to have the restriction of being
accompanied by a licensed driver removed by successfully completing
the driving portion of an examination.
Oklahoma Statutes - Title 47. Motor Vehicles
The written examination and driving examination for a restricted
Class D license with a motorcycle-only endorsement shall be waived
by Service Oklahoma upon verification that the person has
successfully completed a certified state-approved motorcycle basic
rider course approved by the Department and Service Oklahoma.
I. Service Oklahoma 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 the farm; provided,
that the special permit shall be temporary and shall expire not more
than thirty (30) days after the issuance of the special permit.
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, Service Oklahoma shall not
issue a special permit pursuant to this subsection until Service
Oklahoma 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.
J. As used in this section:
1. “Handheld electronic device” means a mobile telephone or
electronic device with which a user engages in a telephone call,
plays or stores media, including but not limited to music and video,
or sends or reads a text message while requiring the use of at least
one hand; and
2. “Using a handheld electronic device” means engaging any
function on an electronic device.
K. All driver education courses provided for in paragraph 1 of
subsection C of this section shall include education regarding the
dangers of texting while driving and the effects of being under the
influence of alcohol or other intoxicating substance while driving.
Added by Laws 1961, p. 342, § 6-105, eff. Sept. 1, 1961. Amended by
Laws 1963, c. 272, § 1, emerg. eff. June 13, 1963; Laws 1969, c.
103, § 1, emerg. eff. April 1, 1969; Laws 1972, c. 61, § 1, emerg.
eff. March 27, 1972; Laws 1980, c. 142, § 1, emerg. eff. April 7,
1980; Laws 1983, c. 286, § 18, operative July 1, 1983; Laws 1985, c.
45, § 3, eff. Jan. 1, 1986; Laws 1985, c. 179, § 60, operative July
1, 1985; Laws 1985, c. 338, § 3, eff. Jan. 1, 1986; Laws 1986, c.
107, § 1, eff. Nov. 1, 1986; Laws 1986, c. 259, § 55, operative July
1, 1986; Laws 1987, c. 204, § 120, operative July 1, 1987; Laws
1988, c. 298, § 47, operative July 1, 1988; Laws 1989, c. 207, § 2,
eff. Nov. 1, 1989; Laws 1989, c. 353, § 11, emerg. eff. June 3,
1989; Laws 1990, c. 219, § 13, eff. Jan. 1, 1991; Laws 1993, c. 314,
§ 1, emerg. eff. June 7, 1993; Laws 1994, c. 2, § 14, emerg. eff.
March 2, 1994; Laws 1996, c. 254, § 4, eff. Nov. 1, 1996; Laws 1997,
c. 2, § 6, emerg. eff. Feb. 26, 1997; Laws 1999, c. 161, § 2, eff.
Oklahoma Statutes - Title 47. Motor Vehicles
Aug. 15, 2000; Laws 2000, c. 277, § 4, eff. Nov. 1, 2000; Laws 2001,
c. 5, § 19, emerg. eff. March 21, 2001; Laws 2001, c. 185, § 1, eff.
July 1, 2001; Laws 2001, c. 361, § 4, eff. July 1, 2001; Laws 2003,
c. 392, § 4, eff. July 1, 2003; Laws 2004, c. 139, § 1, eff. Nov. 1,
2004; Laws 2005, c. 457, § 2, eff. Nov. 1, 2005; Laws 2006, c. 311,
§ 9, emerg. eff. June 8, 2006; Laws 2007, c. 328, § 1, eff. Nov. 1,
2007; Laws 2008, c. 83, § 1, eff. Nov. 1, 2008; Laws 2009, c. 99, §
1, eff. Nov. 1, 2009; Laws 2010, c. 341, § 1, eff. Nov. 1, 2010;
Laws 2012, c. 280, § 2, eff. Nov. 1, 2012; Laws 2014, c. 199, § 1,
eff. July 1, 2014; Laws 2015, c. 102, § 1, eff. Nov. 1, 2015; Laws
2016, c. 180, § 2; Laws 2017, c. 42, § 14; Laws 2021, c. 220, § 1,
emerg. eff. April 26, 2021; Laws 2022, c. 282, § 42, emerg. eff. May
19, 2022; Laws 2023, c. 55, § 1, eff. Nov. 1, 2023; Laws 2024, c.
450, § 2, eff. Nov. 1, 2024.
NOTE: Laws 1989, c. 82, § 2 repealed by Laws 1989, c. 353, § 14,
emerg. eff. June 3, 1989. Laws 1993, c. 70, § 1 repealed by Laws
1994, c. 2, § 34, emerg. eff. March 2, 1994. Laws 1996, c. 203, § 2
and Laws 1996, c. 247, § 39 repealed by Laws 1997, c. 2, § 26,
emerg. eff. Feb. 26, 1997. Laws 2000, c. 247, § 1 repealed by Laws
2001, c. 5, § 20, emerg. eff. March 21, 2001. Laws 2016, c. 86, § 2
repealed by Laws 2017, c. 42, § 15.
NOTE: Laws 2001, c. 185, § 2 reads: "The provisions of
subparagraph b of paragraph 2 of subsection A of Section 6-105 of
Title 47 of the Oklahoma Statutes shall become effective November 1,
2001."
NOTE: Laws 2023, c. 55, § 1 was purportedly repealed by Laws 2024,
c. 452, § 39 but without reference to Laws 2024, c. 450, § 2, which
amended it.
§47-6-105v2. Graduated Class D licenses — Motorcycle-only licenses
— Farm vehicle special permits.
A. Unless a legal custodial parent or legal guardian has filed
an objection to licensure pursuant to Section 6-103.1 of this title,
any person under eighteen (18) years of age may be permitted to
operate:
1. A Class D motor vehicle under the graduated driver license
provisions prescribed in subsections B through E of this section;
2. A motorcycle under the provisions prescribed in subsection H
of this section; or
3. A farm vehicle under the provisions prescribed in subsection
I of this section.
B. Any person who 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, as set out in subparagraphs a, b, c, d and
e of paragraph 1 of subsection C of this section, by a certified
driver education instructor who is seated in the right front seat of
the motor vehicle.
Oklahoma Statutes - Title 47. Motor Vehicles
C. Any person:
1. Who is at least fifteen and one-half (15 1/2) years of age
and is currently receiving instruction in or has successfully
completed driver education. For purposes of this section, the term
“driver education” shall mean:
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,
b.
a driver education course, certified by Service
Oklahoma, from a parochial, private, or other
nonpublic secondary school,
c.
a commercial driver training course, as defined by
Sections 801 through 808 of this title,
d.
a parent-taught driver education course, certified by
Service Oklahoma, in conjunction with the Department
of Public Safety. Service Oklahoma shall promulgate
rules for any parent-taught driver education course,
or
e.
a driver education course certified by a state other
than Oklahoma; or
2. Who is at least sixteen (16) years of age,
may, upon successfully passing all parts of the driver license
examination administered by Service Oklahoma, or an approved written
examination proctor, except the driving examination, be issued a
learner permit which will grant the permittee the privilege to
operate a Class D motor vehicle upon the public highways only
between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied
by a licensed driver who is at least twenty-one (21) years of age
and who is actually occupying a seat beside the permittee; provided,
the written examination for a learner permit may be waived by
Service Oklahoma upon verification that the person has successfully
completed driver education.
D. 1. Any person:
a.
who has applied for, been issued, and has possessed a
learner permit for a minimum of one hundred eighty
(180) days,
b.
whose custodial legal parent or legal guardian
certifies to Service Oklahoma by sworn affidavit that
the person has received a minimum of fifty (50) hours
of actual behind-the-wheel training, of which at least
ten (10) hours of such training was at night, from a
licensed driver who was at least twenty-one (21) years
of age and who was properly licensed to operate a
Class D motor vehicle for a minimum of two (2) years,
and
Oklahoma Statutes - Title 47. Motor Vehicles
c.
who has completed a free course approved by the
Oklahoma Department of Transportation on teen driver
work zone and first responder safety,
may be issued an intermediate Class D license upon successfully
passing all parts of the driver license examinations administered by
Service Oklahoma; provided, the written examination, if it has not
previously been administered or waived, may be waived by Service
Oklahoma upon verification that the person has successfully
completed driver education or the driving examination may be waived
by Service Oklahoma upon successful passage of the examination
administered by a certified designated examiner, as provided for in
Section 6-110 of this title. However, notwithstanding the date of
issuance of the learner permit, if the person has been convicted of
a traffic offense which is reported on the driving record of that
person, the time period specified in subparagraph a of this
paragraph shall be recalculated to begin from the date of conviction
for the traffic offense, and must elapse before that person may be
issued an intermediate Class D license. If the person has been
convicted of more than one traffic offense which is reported on the
driving record of that person, the time period specified in
subparagraph a of this paragraph shall be recalculated to begin from
the most recent date of conviction, and must elapse before that
person may be issued an intermediate Class D license.
2. A person who has been issued an intermediate Class D license
under the provisions of this subsection:
a.
shall be granted the privilege to operate a Class D
motor vehicle upon the public highways:
(1) only between the hours of 5:00 a.m. and 10:00
p.m., except for driving to and from work,
school, school activities, and church activities,
or
(2) at any time, if a licensed driver who is at least
twenty-one (21) years of age is actually
occupying a seat beside the intermediate Class D
licensee, or if the intermediate Class D licensee
is a farm or ranch resident, and is operating a
motor vehicle while engaged in farming or
ranching operations outside the limits of a
municipality, or driving to and from work,
school, school activities, or church activities,
and
b.
shall not operate a motor vehicle with more than one
passenger unless:
(1) all passengers live in the same household as the
custodial legal parent or legal guardian, or
Oklahoma Statutes - Title 47. Motor Vehicles
(2)
a licensed driver at least twenty-one (21) years
of age is actually occupying a seat beside the
intermediate Class D licensee.
E. Any person who has been issued an intermediate Class D
license for a minimum of:
1. One (1) year; or
2. One hundred eighty (180) days, if the person has completed
both the driver education and the parent-certified behind-the-wheel
training provisions of subparagraph b of paragraph 1 of subsection D
of this section,
may be issued a Class D license. However, notwithstanding the date
of issuance of the Class D license, if the person has been convicted
of a traffic offense which is reported on the driving record of that
person, the time periods specified in paragraph 1 or 2 of this
subsection, as applicable, shall be recalculated to begin from the
date of conviction for the traffic offense, and must elapse before
that person may be issued a Class D license. If the person has been
convicted of more than one traffic offense which is reported on the
driving record of that person, the time periods specified in
paragraph 1 or 2 of this subsection, as applicable, shall be
recalculated to begin from the most recent date of conviction, and
must elapse before that person may be issued a Class D license.
F. Learner permits and intermediate Class D licenses shall be
issued for the same period as all other driver licenses. The
licenses may be suspended or canceled at the discretion of the
Department, with notice to Service Oklahoma for violation of
restrictions, for failing to give the required or correct
information on the application, for knowingly giving false or
inaccurate information on the application or any subsequent
documentation related to the granting of driving privileges, for
using a hand-held electronic device while operating a motor vehicle
for non-life-threatening emergency purposes or for violation of any
traffic laws of this state pertaining to the operation of a motor
vehicle.
G. Service Oklahoma shall promulgate rules establishing
procedures for removal of learner permit and intermediate Class D
license restrictions from the permit or license upon the permittee
or licensee qualifying for a less restricted or an unrestricted
license.
H. Any person fourteen (14) years of age or older may apply for
a restricted Class D license with a motorcycle-only restriction.
After the person has successfully passed all parts of the motorcycle
examination other than the driving examination, has successfully
completed a certified state-approved motorcycle basic rider course
approved by the Department of Public Safety, in conjunction with
Service Oklahoma, and has met all requirements provided for in the
rules of the Department and Service Oklahoma, Service Oklahoma shall
Oklahoma Statutes - Title 47. Motor Vehicles
issue to the person a restricted Class D license with a motorcycleonly restriction which shall grant to the person, while having the
license in the person’s immediate possession, the privilege to
operate a motorcycle or motor-driven cycle:
1. With a piston displacement not to exceed three hundred cubic
centimeters (300 cc) or a sixteen and eight-tenths (16.8) kilowatt
electric power source;
2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
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 or motor-driven cycle, 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-only restriction to have the restriction of being
accompanied by a licensed driver removed by successfully completing
the driving portion of an examination.
The written examination and driving examination for a restricted
Class D license with a motorcycle-only endorsement shall be waived
by Service Oklahoma upon verification that the person has
successfully completed a certified state-approved motorcycle basic
rider course approved by the Department and Service Oklahoma.
I. 1. Any person who is less than seventeen (17) years of age
but is at least fourteen (14) years of age and who resides upon a
farm in this state or is employed for compensation upon a farm in
this state may apply to Service Oklahoma for a farm permit
authorizing such person, while possessing the permit, to operate any
Class D motor vehicle.
2.
a.
A farm permit shall entitle the licensee, who is at
least fourteen (14) years of age but less than sixteen
(16) years of age, to operate the appropriate motor
vehicles at any time:
(1) while going to or from or in connection with any
farm job, employment, or other farm-related work,
(2) on days while school is in session, over the most
direct and accessible route between the
licensee’s residence and school of enrollment for
the purpose of school attendance; provided, that
the privilege shall only extend to those
licensees who reside on a farm and commute
directly from their place of residence to the
school in which they are enrolled, or
(3) when the licensee is operating a passenger car at
any time when accompanied by an adult who is the
holder of a valid commercial driver license,
Oklahoma Statutes - Title 47. Motor Vehicles
Class A, B, C, or D driver license and who is
actually occupying a seat beside the driver.
b.
For a period of six (6) months, a farm permit shall
entitle the licensee who is at least sixteen (16)
years of age to operate the appropriate motor vehicles
at any time:
(1) from 5:00 a.m. to 9:00 p.m.,
(2) while going to or from or in connection with any
farm job, employment, or other farm-related work,
(3) while going to or from authorized school
activities,
(4) while going directly to or from any religious
worship service held by a religious organization,
or
(5) while the licensee is operating a passenger car
at any time while accompanied by an adult who is
the holder of a valid commercial driver license,
Class A, B, or C driver license, and who is
actually occupying a seat beside the driver.
After such six-month period, if the licensee has complied with the
provisions of this subsection, such farm permit shall entitle the
licensee to operate the appropriate motor vehicles at any time
without the restrictions required by this subsection.
3. A farm permit shall be issued only if:
a.
the applicant can prove that such applicant resides or
works on a farm by submitting the signed affidavit of
either a parent or guardian stating that the applicant
lives on a farm,
b.
the applicant has successfully completed the
examination requirements in Section 6-110 of this
title, and
c.
the applicant does not live on a farm but works on a
farm and the applicant submits the signed affidavit of
the applicant’s employer and parent or guardian
attesting to such employment.
4. Any licensee issued a farm permit under this subsection:
a.
who is less than sixteen (16) years of age shall not
operate any motor vehicle with nonsibling minor
passengers,
b.
who is at least sixteen (16) years of age, for a
period of six (6) months after reaching sixteen (16)
years of age, shall not operate any motor vehicle with
more than one passenger who is less than eighteen (18)
years of age and who is not a member of the licensee’s
immediate family, or
c.
who is at least fourteen (14) years of age, but less
than sixteen (16) years of age, shall not operate any
Oklahoma Statutes - Title 47. Motor Vehicles
motor vehicle on interstate or turnpike highway
systems, nor shall a licensee operate a motor vehicle
within the limits of a city with a population in
excess of one hundred thousand (100,000) persons
according to the latest Federal Decennial Census.
Any conviction for violating this paragraph shall be construed as a
moving traffic violation. Service Oklahoma may, in its discretion,
suspend the permit of an individual for violation of this paragraph.
5. Any licensee issued a farm permit under this subsection
shall not operate a wireless communication device while driving a
motor vehicle, except that a licensee may operate a wireless
communication device while driving a motor vehicle to report illegal
activity or to summon medical or other emergency help.
6. As used in this subsection, “farm” means any parcel of land
for which the owner has an agricultural exemption permit issued by
the Oklahoma Tax Commission.
7.
a.
A farm permit issued under this subsection is subject
to suspension or revocation in the same manner as any
other driver license.
b.
A farm permit may be suspended in accordance with
Section 6-113 of this title for any violation of
restrictions under this subsection.
c.
Service Oklahoma shall suspend the farm permit upon
receiving satisfactory evidence that the licensee has
been involved in two or more accidents chargeable to
the licensee and such suspended license shall not be
reinstated for one (1) year.
8. Any licensee issued a farm permit under this subsection
shall provide, prior to reaching sixteen (16) years of age, a signed
affidavit of either a parent or guardian stating that the applicant
has completed at least fifty (50) hours of adult-supervised driving
with at least ten (10) of those hours being at night. The adultsupervised driving required by this paragraph shall be conducted by
an adult who is at least twenty-one (21) years of age and is the
holder of a valid commercial driver license, Class A, B, C, or D
driver license. Evidence of failure of any licensee who was
required to complete the fifty (50) hours of adult-supervised
driving under this subsection shall not be admissible in any action
for the purpose of determining any aspect of comparative negligence
or mitigation of damages.
9. Any licensee issued a farm permit under this subsection who:
a.
is under sixteen (16) years of age and is convicted of
two or more moving traffic violations committed on
separate occasions shall not be eligible to receive a
driver license which is not restricted, in accordance
with the provisions of subparagraph a of paragraph 2
Oklahoma Statutes - Title 47. Motor Vehicles
of this subsection, until the person reaches seventeen
(17) years of age,
b.
is at least sixteen (16) years of age but less than
seventeen (17) years of age and is convicted of two or
more moving traffic violations committed on separate
occasions shall not be eligible to receive a driver
license which is not restricted, in accordance with
the provisions of subparagraph b of paragraph 2 of
this subsection, until the person reaches eighteen
(18) years of age, or
c.
fails to provide the affidavit required under
paragraph 8 of this subsection shall not be eligible
to receive a driver license which is not restricted,
in accordance with the provisions of subparagraph a of
paragraph 2 of this subsection, until the person
provides such affidavit to Service Oklahoma or the
person reaches seventeen (17) years of age, whichever
occurs first.
J. As used in this section:
1. “Hand-held electronic device” means a mobile telephone or
electronic device with which a user engages in a telephone call,
plays or stores media, including but not limited to music and video,
or sends or reads a text message while requiring the use of at least
one hand; and
2. “Using a hand-held electronic device” means engaging any
function on an electronic device.
K. All driver education courses provided for in paragraph 1 of
subsection C of this section shall include education regarding the
dangers of texting while driving and the effects of being under the
influence of alcohol or other intoxicating substance while driving.
Added by Laws 1961, p. 342, § 6-105, eff. Sept. 1, 1961. Amended by
Laws 1963, c. 272, § 1, emerg. eff. June 13, 1963; Laws 1969, c.
103, § 1, emerg. eff. April 1, 1969; Laws 1972, c. 61, § 1, emerg.
eff. March 27, 1972; Laws 1980, c. 142, § 1, emerg. eff. April 7,
1980; Laws 1983, c. 286, § 18, operative July 1, 1983; Laws 1985, c.
45, § 3, eff. Jan. 1, 1986; Laws 1985, c. 179, § 60, operative July
1, 1985; Laws 1985, c. 338, § 3, eff. Jan. 1, 1986; Laws 1986, c.
107, § 1, eff. Nov. 1, 1986; Laws 1986, c. 259, § 55, operative July
1, 1986; Laws 1987, c. 204, § 120, operative July 1, 1987; Laws
1988, c. 298, § 47, operative July 1, 1988; Laws 1989, c. 207, § 2,
eff. Nov. 1, 1989; Laws 1989, c. 353, § 11, emerg. eff. June 3,
1989; Laws 1990, c. 219, § 13, eff. Jan. 1, 1991; Laws 1993, c. 314,
§ 1, emerg. eff. June 7, 1993; Laws 1994, c. 2, § 14, emerg. eff.
March 2, 1994; Laws 1996, c. 254, § 4, eff. Nov. 1, 1996; Laws 1997,
c. 2, § 6, emerg. eff. Feb. 26, 1997; Laws 1999, c. 161, § 2, eff.
Aug. 15, 2000; Laws 2000, c. 277, § 4, eff. Nov. 1, 2000; Laws 2001,
c. 5, § 19, emerg. eff. March 21, 2001; Laws 2001, c. 185, § 1, eff.
Oklahoma Statutes - Title 47. Motor Vehicles
July 1, 2001; Laws 2001, c. 361, § 4, eff. July 1, 2001; Laws 2003,
c. 392, § 4, eff. July 1, 2003; Laws 2004, c. 139, § 1, eff. Nov. 1,
2004; Laws 2005, c. 457, § 2, eff. Nov. 1, 2005; Laws 2006, c. 311,
§ 9, emerg. eff. June 8, 2006; Laws 2007, c. 328, § 1, eff. Nov. 1,
2007; Laws 2008, c. 83, § 1, eff. Nov. 1, 2008; Laws 2009, c. 99, §
1, eff. Nov. 1, 2009; Laws 2010, c. 341, § 1, eff. Nov. 1, 2010;
Laws 2012, c. 280, § 2, eff. Nov. 1, 2012; Laws 2014, c. 199, § 1,
eff. July 1, 2014; Laws 2015, c. 102, § 1, eff. Nov. 1, 2015; Laws
2016, c. 180, § 2; Laws 2017, c. 42, § 14; Laws 2021, c. 220, § 1,
emerg. eff. April 26, 2021; Laws 2022, c. 282, § 42, emerg. eff. May
19, 2022; Laws 2023, c. 229, § 1; Laws 2024, c. 452, § 38, emerg.
eff. June 14, 2024.
NOTE: Laws 1989, c. 82, § 2 repealed by Laws 1989, c. 353, § 14,
emerg. eff. June 3, 1989. Laws 1993, c. 70, § 1 repealed by Laws
1994, c. 2, § 34, emerg. eff. March 2, 1994. Laws 1996, c. 203, § 2
and Laws 1996, c. 247, § 39 repealed by Laws 1997, c. 2, § 26,
emerg. eff. Feb. 26, 1997. Laws 2000, c. 247, § 1 repealed by Laws
2001, c. 5, § 20, emerg. eff. March 21, 2001. Laws 2016, c. 86, § 2
repealed by Laws 2017, c. 42, § 15.
NOTE: Laws 2001, c. 185, § 2 reads: "The provisions of
subparagraph b of paragraph 2 of subsection A of Section 6-105 of
Title 47 of the Oklahoma Statutes shall become effective November 1,
2001."
§47-6-105v3. Graduated Class D licenses — Motorcycle-only licenses
— Farm vehicle special permits.
A. Unless a legal custodial parent or legal guardian has filed
an objection to licensure pursuant to Section 6-103.1 of this title,
any person under eighteen (18) years of age who is in compliance
with or not subject to Section 6-107.3 of this title may be
permitted to operate:
1. A Class D motor vehicle under the graduated driver license
provisions prescribed in subsections B through E of this section;
2. A motorcycle under the provisions prescribed in subsection H
of this section; or
3. A farm vehicle under the provisions prescribed in subsection
I of this section.
B. Any person who 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, as set out in subparagraphs a, b, c, d and
e of paragraph 1 of subsection C of this section, by a certified
driver education instructor who is seated in the right front seat of
the motor vehicle.
C. Any person:
1. Who is at least fifteen (15) years of age and is currently
receiving instruction in or has successfully completed driver
Oklahoma Statutes - Title 47. Motor Vehicles
education. For purposes of this section, the term "driver
education" shall mean:
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,
b.
a driver education course, certified by Service
Oklahoma, from a parochial, private, or other
nonpublic secondary school,
c.
a commercial driver training course, as defined by
Sections 801 through 808 of this title,
d.
a parent-taught driver education course, certified by
Service of Oklahoma, in conjunction with the
Department of Public Safety. Service Oklahoma shall
promulgate rules for any parent-taught driver
education course, or
e.
a driver education course certified by a state other
than Oklahoma; or
2. Who is at least sixteen (16) years of age,
may, upon successfully passing all parts of the driver license
examination administered by Service Oklahoma, or an approved written
examination proctor, except the driving examination, be issued a
learner permit which will grant the permittee the privilege to
operate a Class D motor vehicle upon the public highways only
between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied
by a licensed driver who is at least twenty-one (21) years of age
and who is actually occupying a seat beside the permittee; provided,
the written examination for a learner permit may be waived by
Service Oklahoma upon verification that the person has successfully
completed driver education.
D. 1. Any person:
a.
who has applied for, been issued, and has possessed a
learner permit for a minimum of one hundred eighty
(180) days,
b.
whose custodial legal parent or legal guardian
certifies to Service Oklahoma by sworn affidavit that
the person has received a minimum of fifty (50) hours
of actual behind-the-wheel training, of which at least
ten (10) hours of such training was at night, from a
licensed driver who was at least twenty-one (21) years
of age and who was properly licensed to operate a
Class D motor vehicle for a minimum of two (2) years,
and
c.
who is at least sixteen (16) years of age,
may be issued an intermediate Class D license upon successfully
passing all parts of the driver license examinations administered by
Service Oklahoma; provided, the written examination, if it has not
previously been administered or waived, may be waived by Service
Oklahoma Statutes - Title 47. Motor Vehicles
Oklahoma upon verification that the person has successfully
completed driver education or the driving examination may be waived
by Service Oklahoma upon successful passage of the examination
administered by a certified designated examiner, as provided for in
Section 6-110 of this title. However, notwithstanding the date of
issuance of the learner permit, if the person has been convicted of
a traffic offense which is reported on the driving record of that
person, the time period specified in subparagraph a of this
paragraph shall be recalculated to begin from the date of conviction
for the traffic offense, and must elapse before that person may be
issued an intermediate Class D license. If the person has been
convicted of more than one traffic offense which is reported on the
driving record of that person, the time period specified in
subparagraph a of this paragraph shall be recalculated to begin from
the most recent date of conviction, and must elapse before that
person may be issued an intermediate Class D license.
2. A person who has been issued an intermediate Class D license
under the provisions of this subsection:
a.
shall be granted the privilege to operate a Class D
motor vehicle upon the public highways:
(1) only between the hours of 5:00 a.m. and 10:00
p.m., except for driving to and from work,
school, school activities, and church activities,
or
(2) at any time, if a licensed driver who is at least
twenty-one (21) years of age is actually
occupying a seat beside the intermediate Class D
licensee, or if the intermediate Class D licensee
is a farm or ranch resident, and is operating a
motor vehicle while engaged in farming or
ranching operations outside the limits of a
municipality, or driving to and from work,
school, school activities, or church activities,
and
b.
shall not operate a motor vehicle with more than one
passenger unless:
(1) all passengers live in the same household as the
custodial legal parent or legal guardian, or
(2) a licensed driver at least twenty-one (21) years
of age is actually occupying a seat beside the
intermediate Class D licensee.
E. Any person who has been issued an intermediate Class D
license for a minimum of:
1. One (1) year; or
2. One hundred eighty (180) days, if the person has completed
both the driver education and the parent-certified behind-the-wheel
Oklahoma Statutes - Title 47. Motor Vehicles
training provisions of subparagraph b of paragraph 1 of subsection D
of this section,
may be issued a Class D license. However, notwithstanding the date
of issuance of the Class D license, if the person has been convicted
of a traffic offense which is reported on the driving record of that
person, the time periods specified in paragraph 1 or 2 of this
subsection, as applicable, shall be recalculated to begin from the
date of conviction for the traffic offense, and must elapse before
that person may be issued a Class D license. If the person has been
convicted of more than one traffic offense which is reported on the
driving record of that person, the time periods specified in
paragraph 1 or 2 of this subsection, as applicable, shall be
recalculated to begin from the most recent date of conviction, and
must elapse before that person may be issued a Class D license.
F. Learner permits and intermediate Class D licenses shall be
issued for the same period as all other driver licenses. The
licenses may be suspended or canceled at the discretion of the
Department of Public Safety, with notice to Service Oklahoma, for
violation of restrictions, for failing to give the required or
correct information on the application, for knowingly giving false
or inaccurate information on the application or any subsequent
documentation related to the granting of driving privileges, for
using a hand-held electronic device while operating a motor vehicle
for non-life-threatening emergency purposes or for violation of any
traffic laws of this state pertaining to the operation of a motor
vehicle.
G. Service Oklahoma shall promulgate rules establishing
procedures for removal of learner permit and intermediate Class D
license restrictions from the permit or license upon the permittee
or licensee qualifying for a less restricted or an unrestricted
license.
H. Any person fourteen (14) years of age or older may apply for
a restricted Class D license with a motorcycle-only restriction.
After the person has successfully passed all parts of the motorcycle
examination other than the driving examination, has successfully
completed a certified state-approved motorcycle basic rider course
approved by the Department of Public Safety, in conjunction with
Service Oklahoma, and has met all requirements provided for in the
rules of the Department and Service Oklahoma, Service Oklahoma shall
issue to the person a restricted Class D license with a motorcycleonly restriction which shall grant to the person, while having the
license in the person's immediate possession, the privilege to
operate a motorcycle or motor-driven cycle:
1. With a piston displacement not to exceed three hundred (300)
cubic centimeters;
2. Between the hours of 4:30 a.m. to 9:00 p.m. only;
3. While wearing approved protective headgear; and
Oklahoma Statutes - Title 47. Motor Vehicles
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 or motor-driven cycle, 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-only restriction to have the restriction of being
accompanied by a licensed driver removed by successfully completing
the driving portion of an examination.
The written examination and driving examination for a restricted
Class D license with a motorcycle-only endorsement shall be waived
by Service Oklahoma upon verification that the person has
successfully completed a certified state-approved motorcycle basic
rider course approved by the Department and Service Oklahoma.
I. Service Oklahoma 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 the farm; provided,
that the special permit shall be temporary and shall expire not more
than thirty (30) days after the issuance of the special permit.
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, Service Oklahoma shall not
issue a special permit pursuant to this subsection until Service
Oklahoma 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.
J. As used in this section:
1. "Hand-held electronic device" means a mobile telephone or
electronic device with which a user engages in a telephone call,
plays or stores media, including but not limited to music and video,
or sends or reads a text message while requiring the use of at least
one hand; and
2. "Using a hand-held electronic device" means engaging any
function on an electronic device.
K. All driver education courses provided for in paragraph 1 of
subsection C of this section shall include education regarding the
dangers of texting while driving and the effects of being under the
influence of alcohol or other intoxicating substance while driving.
Added by Laws 1961, p. 342, § 6-105, eff. Sept. 1, 1961. Amended by
Laws 1963, c. 272, § 1, emerg. eff. June 13, 1963; Laws 1969, c.
103, § 1, emerg. eff. April 1, 1969; Laws 1972, c. 61, § 1, emerg.
eff. March 27, 1972; Laws 1980, c. 142, § 1, emerg. eff. April 7,
1980; Laws 1983, c. 286, § 18, operative July 1, 1983; Laws 1985, c.
Oklahoma Statutes - Title 47. Motor Vehicles
45, § 3, eff. Jan. 1, 1986; Laws 1985, c. 179, § 60, operative July
1, 1985; Laws 1985, c. 338, § 3, eff. Jan. 1, 1986; Laws 1986, c.
107, § 1, eff. Nov. 1, 1986; Laws 1986, c. 259, § 55, operative July
1, 1986; Laws 1987, c. 204, § 120, operative July 1, 1987; Laws
1988, c. 298, § 47, operative July 1, 1988; Laws 1989, c. 207, § 2,
eff. Nov. 1, 1989; Laws 1989, c. 353, § 11, emerg. eff. June 3,
1989; Laws 1990, c. 219, § 13, eff. Jan. 1, 1991; Laws 1993, c. 314,
§ 1, emerg. eff. June 7, 1993; Laws 1994, c. 2, § 14, emerg. eff.
March 2, 1994; Laws 1996, c. 254, § 4, eff. Nov. 1, 1996; Laws 1997,
c. 2, § 6, emerg. eff. Feb. 26, 1997; Laws 1999, c. 161, § 2, eff.
Aug. 15, 2000; Laws 2000, c. 277, § 4, eff. Nov. 1, 2000; Laws 2001,
c. 5, § 19, emerg. eff. March 21, 2001; Laws 2001, c. 185, § 1, eff.
July 1, 2001; Laws 2001, c. 361, § 4, eff. July 1, 2001; Laws 2003,
c. 392, § 4, eff. July 1, 2003; Laws 2004, c. 139, § 1, eff. Nov. 1,
2004; Laws 2005, c. 457, § 2, eff. Nov. 1, 2005; Laws 2006, c. 311,
§ 9, emerg. eff. June 8, 2006; Laws 2007, c. 328, § 1, eff. Nov. 1,
2007; Laws 2008, c. 83, § 1, eff. Nov. 1, 2008; Laws 2009, c. 99, §
1, eff. Nov. 1, 2009; Laws 2010, c. 341, § 1, eff. Nov. 1, 2010;
Laws 2012, c. 280, § 2, eff. Nov. 1, 2012; Laws 2014, c. 199, § 1,
eff. July 1, 2014; Laws 2015, c. 102, § 1, eff. Nov. 1, 2015; Laws
2016, c. 180, § 2; Laws 2017, c. 42, § 14; Laws 2021, c. 220, § 1,
emerg. eff. April 26, 2021; Laws 2022, c. 282, § 42, emerg. eff. May
19, 2022; Laws 2023, c. 310, § 14, eff. July 1, 2023; Laws 2024, c.
11, § 3, emerg. eff. April 18, 2024.
NOTE: Laws 1989, c. 82, § 2 repealed by Laws 1989, c. 353, § 14,
emerg. eff. June 3, 1989. Laws 1993, c. 70, § 1 repealed by Laws
1994, c. 2, § 34, emerg. eff. March 2, 1994. Laws 1996, c. 203, § 2
and Laws 1996, c. 247, § 39 repealed by Laws 1997, c. 2, § 26,
emerg. eff. Feb. 26, 1997. Laws 2000, c. 247, § 1 repealed by Laws
2001, c. 5, § 20, emerg. eff. March 21, 2001. Laws 2016, c. 86, § 2
repealed by Laws 2017, c. 42, § 15.
NOTE: Laws 2001, c. 185, § 2 reads: "The provisions of
subparagraph b of paragraph 2 of subsection A of Section 6-105 of
Title 47 of the Oklahoma Statutes shall become effective November 1,
2001."
NOTE: Laws 2023, c. 310, § 14 was purportedly repealed by Laws
2024, c. 452, § 41 but without reference to Laws 2024, c. 11, § 3,
which amended it.
§47-6-106. Application for license.
A. 1. Every application for a driver license or identification
card shall be made by the applicant upon a form furnished by Service
Oklahoma.
2. Every original, renewal, or replacement application for a
driver license or identification card made by a male applicant who
is at least sixteen (16) but less than twenty-six (26) years of age
shall include a statement that by submitting the application, the
Oklahoma Statutes - Title 47. Motor Vehicles
applicant is consenting to registration with the Selective Service
System. The pertinent information from the application shall be
forwarded by Service Oklahoma to the Data Management Center of the
Selective Service System in order to register the applicant as
required by law with the Selective Service System. Any applicant
refusing to sign the consent statement shall be denied a driver
license or identification card.
3. Except as provided for in subsections G and H of this
section, every applicant for a driver license or identification card
shall provide to Service Oklahoma at the time of application a
document showing proof of identity. Service Oklahoma shall
promulgate rules prescribing forms of identification acceptable for
an original Oklahoma driver license.
B. Every applicant for a driver license shall provide the
following information:
1. Full name;
2. Date of birth;
3. Sex;
4. Address of principal residence and county of such residence
which shall be referenced on the REAL ID Compliant Driver License or
Identification Card; proof of principal residency, as prescribed by
rules promulgated by Service Oklahoma, documenting provided address;
5. Current and complete mailing address to be maintained by
Service Oklahoma for the purpose of giving notice, if necessary, as
required by Section 2-116 of this title;
6. Medical information, as determined by the Department, which
shall assure Service Oklahoma that the person is not prohibited from
being licensed as provided by paragraph 7 of subsection A of Section
6-103 of this title;
7. Whether the applicant is deaf or hard-of-hearing;
8. A brief description of the applicant, as determined by the
Department;
9. Whether the applicant has previously been licensed, and, if
so, when and by what state or country, and whether any license has
ever been suspended or revoked, or whether an application has ever
been refused, and, if so, the date of and reason for the suspension,
revocation or refusal;
10. Whether the applicant is an alien eligible to be considered
for licensure and is not prohibited from licensure pursuant to
paragraph 9 of subsection A of Section 6-103 of this title;
11. Whether the applicant has:
a.
previously been licensed and, if so, when and by what
state or country, and
b.
held more than one license at the same time during the
immediately preceding ten (10) years; and
12. Social Security number.
Oklahoma Statutes - Title 47. Motor Vehicles
No person shall request Service Oklahoma to use the Social Security
number of that person as the driver license number. Upon renewal or
replacement of any driver license issued after the effective date of
this act, the licensee shall advise Service Oklahoma or the licensed
operator if the present driver license number of the licensee is the
Social Security number of the licensee. If the driver license
number is the Social Security number, Service Oklahoma or the
licensed operator shall change the driver license number to a
computer-generated alphanumeric identification.
C. 1. In addition to the requirements of subsections A and B
of this section, every applicant for a commercial driver license who
is subject to the requirements of 49 C.F.R., Part 391, and is
applying for an original, renewal, or replacement license, and every
person who, upon or after May 8, 2012, is currently the holder of a
commercial driver license and is subject to the requirements of 49
C.F.R., Part 391, and who does not apply for a renewal or
replacement license prior to January 30, 2014, shall submit to
Service Oklahoma and maintain with Service Oklahoma a current
approved medical examination certificate signed by a licensed
physician authorized to perform and approve medical examination
certifications. Service Oklahoma shall adopt rules for maintaining
medical examination certificates pursuant to the requirements in 49
C.F.R., Parts 383 and 384. Any commercial driver licensee subject
to the requirements of this paragraph who fails to maintain on file
with Service Oklahoma a current, approved medical examination
certificate shall have the driving privileges of the person
downgraded to a Class D driver license by Service Oklahoma.
2. If the applicant is applying for an original commercial
driver license in Oklahoma or is transferring a commercial driver
license from another state to Oklahoma, Service Oklahoma shall
review the driving record of the applicant in other states for the
immediately preceding ten (10) years, unless the record review has
already been performed by Service Oklahoma. As a result of the
review, if it is determined by Service Oklahoma that the applicant
is subject to a period of disqualification as prescribed by Section
6-205.2 of this title which has not yet been imposed, Service
Oklahoma shall impose the period of disqualification and the
applicant shall serve the period of disqualification before a
commercial driver license is issued to the applicant; provided,
nothing in this paragraph shall be construed to prevent the issuance
of a Class D driver license to the applicant.
3. If the applicant has or is applying for a hazardous material
endorsement, the applicant shall submit to a security threat
assessment performed by the Transportation Security Administration
of the Department of Homeland Security as required by and pursuant
to 49 C.F.R., Part 1572, which shall be used to determine whether
Oklahoma Statutes - Title 47. Motor Vehicles
the applicant is eligible for the endorsement pursuant to federal
law and regulation.
4. Service Oklahoma shall notify each commercial driving school
of the passage of this section, and each commercial driving school
shall notify prospective students of its school of the hazardous
material endorsement requirement.
D. In addition to the requirements of subsections A and B of
this section, every applicant shall be given an option on the
application for issuance of a driver license or identification card
or renewal pursuant to Section 6-115 of this title to provide an
emergency contact person. The emergency contact information
requested may include full name, address, and phone number. The
emergency contact information shall be maintained by Service
Oklahoma and shall be used by Service Oklahoma and law enforcement
for emergency purposes only. A person listed as an emergency
contact may request to be removed at any time. Any update to a
change of name, address, or phone number may be made by the
applicant listing the emergency contact person or by the person
listed as the emergency contact.
E. Whenever application is received from a person previously
licensed in another jurisdiction, Service Oklahoma shall request a
copy of the driving record from the other jurisdiction and,
effective September 1, 2005, from all other jurisdictions in which
the person was licensed within the immediately previous ten (10)
years. When received, the driving record shall become a part of the
driving record of the person in this state with the same force and
effect as though entered on the driver's record in this state in the
original instance.
F. Whenever Service Oklahoma receives a request for a driving
record from another licensing jurisdiction, the record shall be
forwarded without charge.
G. A person shall not apply for or possess more than one stateissued or territory-issued REAL ID Compliant Driver License or
Identification Card pursuant to the provisions of Section 6-101 of
this title. A valid and unexpired Oklahoma driver license shall
serve as both primary and secondary proofs of identity whenever
application for a REAL ID Noncompliant Identification Card is
submitted to Service Oklahoma. The provisions of subsection B of
Section 1550.42 of Title 21 of the Oklahoma Statutes shall not apply
when issuing an identification card pursuant to the provisions of
this subsection. Service Oklahoma shall promulgate rules necessary
to implement and administer the provisions of this subsection.
H. A valid and unexpired U.S. passport shall serve as both
primary and secondary proofs of identity whenever application for a
driver license or identification card is submitted to the
Department. Service Oklahoma shall promulgate rules necessary to
implement and administer the provisions of this subsection.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1961, p. 343, § 6-106, eff. Sept. 1, 1961. Amended by
Laws 1985, c. 45, § 4, eff. Jan. 1, 1986; Laws 1989, c. 82, § 3,
eff. Nov. 1, 1989; Laws 1990, c. 219, § 14, eff. Jan. 1, 1991; Laws
1992, c. 177, § 1, eff. Sept. 1, 1992; Laws 1997, c. 325, § 1, eff.
July 1, 1997; Laws 1998, c. 323, § 14, eff. Oct. 1, 1998; Laws 1999,
c. 1, § 13, emerg. eff. Feb. 24, 1999; Laws 2000, c. 189, § 1, eff.
July 1, 2000; Laws 2000, c. 342, § 4, eff. July 1, 2000; Laws 2001,
c. 5, § 21, emerg. eff. March 21, 2001; Laws 2001, c. 361, § 5, eff.
July 1, 2001; Laws 2002, c. 114, § 2, eff. Nov. 1, 2002; Laws 2003,
c. 392, § 5, eff. July 1, 2003; Laws 2004, c. 149, § 1, eff. Nov. 1,
2004; Laws 2004, c. 390, § 4, eff. July 1, 2004; Laws 2005, c. 394,
§ 1, emerg. eff. June 6, 2005; Laws 2006, c. 16, § 26, emerg. eff.
March 29, 2006; Laws 2007, c. 326, § 6, eff. Nov. 1, 2007; Laws
2010, c. 154, § 1, eff. Nov. 1, 2010; Laws 2010, c. 277, § 1, eff.
Nov. 1, 2010; Laws 2012, c. 207, § 2, emerg. eff. May 8, 2012; Laws
2014, c. 242, § 1, eff. Nov. 1, 2014; Laws 2016, c. 170, § 1, eff.
Nov. 1, 2016; Laws 2017, c. 1, § 3, emerg. eff. March 2, 2017; Laws
2019, c. 302, § 1, eff. Nov. 1, 2019; Laws 2022, c. 282, § 45,
emerg. eff. May 19, 2022; Laws 2024, c. 11, § 5, emerg. eff. April
18, 2024.
NOTE: Laws 1998, c. 246, § 19 repealed by Laws 1999, c. 1, § 45,
emerg. eff. Feb. 24, 1999. Laws 2000, c. 277, § 5 repealed by Laws
2001, c. 5, § 22, emerg. eff. March 21, 2001. Laws 2003, c. 234, §
2 repealed by Laws 2004, c. 5, § 37, emerg. eff. March 1, 2004.
Laws 2004, c. 5, § 36 repealed by Laws 2004, c. 390, § 20, eff. July
1, 2004. Laws 2005, c. 36, § 1 repealed by Laws 2006, c. 16, § 27,
emerg. eff. March 29, 2006.
§47-6-106.1. Renumbered as § 11-906.1 of this title by Laws 2000,
1st Ex.Sess., c. 8, § 33, eff. July 1, 2000.
§47-6-106.2. Renumbered as § 11-906.2 of this title by Laws 2000,
1st Ex.Sess., c. 8, § 33, eff. July 1, 2000.
§47-6-106.3. Renumbered as § 11-906.3 of this title by Laws 2000,
1st Ex.Sess., c. 8, § 33, eff. July 1, 2000.
§47-6-106.4. Renumbered as § 11-906.4 of this title by Laws 2000,
1st Ex.Sess., c. 8, § 33, eff. July 1, 2000.
§47-6-107. Restricted licenses for unemancipated persons under 18 Signature of legal parent or guardian - Liability - Financial
responsibility - Cancellation or suspension.
A. In addition to the requirements of Section 6-106 of this
title, the application of any unemancipated person under the age of
eighteen (18) years for a restricted license shall be signed and
verified by the legal custodial parent or legal guardian of the
Oklahoma Statutes - Title 47. Motor Vehicles
applicant, either in person before a person authorized to administer
oaths, electronically if completing an online application, or by a
notarized affidavit signed by a custodial legal parent or legal
guardian and submitted with the application by the person under the
age of eighteen (18) years before a person authorized to administer
oaths. The signature of the legal custodial parent or legal
guardian shall be evidence that the legal custodial parent or legal
guardian is willing to assume the obligation imposed under Section
1-101 et seq. of this title upon a person signing the application of
a person under the age of eighteen (18) years. Provided, however,
any unemancipated person under the age of eighteen (18) years who is
in the permanent custody of the Department of Human Services, upon
proof of financial responsibility in respect to the operation of a
motor vehicle owned by him or her or if not the owner of a motor
vehicle then with respect to the operation of any motor vehicle, in
form and in amounts as required under the motor vehicle financial
responsibility laws of this state, shall not be required to have his
or her application for restricted license signed or verified by
another person.
B. Any negligence or willful misconduct of a person under the
age of eighteen (18) years when driving a motor vehicle upon a
highway with the knowledge and consent of the person who signed the
application or notarized affidavit for the restricted license shall
be imputed to the person who has signed the application or notarized
affidavit. Such person shall be jointly and severally liable with
the minor for any damages caused by such negligence or willful
misconduct, except as otherwise provided in subsection C of this
section.
C. In the event a person under the age of eighteen (18) years
deposits, or there is deposited upon his or her behalf, proof of
financial responsibility in respect to the operation of a motor
vehicle owned by him or her or if not the owner of a motor vehicle
then with respect to the operation of any motor vehicle, in form and
in amounts as required under the motor vehicle financial
responsibility laws of this state, then Service Oklahoma may accept
the application of such person when signed by the legal custodial
parent or the legal guardian of such person, and while such proof is
maintained the legal custodial parent or legal guardian shall not be
subject to the liability imposed under subsection B of this section.
D. Service Oklahoma may, at its discretion, cancel or suspend
the license of any person under the age of eighteen (18) years for
any unlawful act, negligence or misconduct while driving a motor
vehicle.
E. As provided in Section 6-103.1 of this title, any legal
custodial parent or legal guardian who has signed the application or
notarized affidavit of a person under the age of eighteen (18) years
for a license may thereafter file with Service Oklahoma a verified
Oklahoma Statutes - Title 47. Motor Vehicles
written request that the license of that person so granted be
canceled. Service Oklahoma shall then cancel the license of the
person and the legal custodial parent or legal guardian who signed
the application or notarized affidavit of the person shall be
relieved from the liability imposed under Section 1-101 et seq. of
this title by reason of having signed the application on account of
any subsequent negligence or willful misconduct of the person in
operating a motor vehicle.
F. Service Oklahoma upon receipt of satisfactory evidence of
the death of the legal custodial parent or legal guardian who signed
the application or notarized affidavit of a person under the age of
eighteen (18) years for a license shall cancel the license and shall
not issue a new license until such time as a new application, duly
signed and verified, is made as required by this chapter. This
provision shall not apply in the event the person has attained the
age of eighteen (18) years.
Added by Laws 1961, p. 343, § 6-107, eff. Sept. 1, 1961. Amended by
Laws 1975, c. 343, § 1, emerg. eff. June 12, 1975; Laws 1978, c.
304, § 5; Laws 1979, c. 284, § 1, eff. July 1, 1979; Laws 1985, c.
45, § 5, eff. Jan. 1, 1986; Laws 1990, c. 219, § 15, eff. Jan. 1,
1991; Laws 2002, c. 397, § 16, eff. Nov. 1, 2002; Laws 2006, c. 311,
§ 11, emerg. eff. June 8, 2006; Laws 2008, c. 1, § 3; Laws 2015, c.
266, § 2, eff. Nov. 1, 2015; Laws 2016, c. 210, § 27, emerg. eff.
April 26, 2016; Laws 2022, c. 282, § 46, emerg. eff. May 19, 2022.
NOTE: Laws 2015, c. 96, § 1 repealed by Laws 2016, c. 210, § 28,
emerg. eff. April 26, 2016.
§47-6-107.1. Recommendation of cancellation or denial of driving
privileges of persons 20 or younger for certain alcohol or substance
abuse offenses – Notification of Department.
A. When any district court, municipal court of record or any
municipal court in a city or town in which the judge is an attorney
licensed to practice law in this state has determined that a person
under the age of eighteen (18) years has committed any offense
described in subsection C of this section, or that a person eighteen
(18), nineteen (19), or twenty (20) years of age has committed an
offense described in Section 11-906.4 of this title, the court shall
notify Service Oklahoma on a form prescribed by Service Oklahoma as
provided in Section 6-107.2 of this title.
B. The notice shall include the name, date of birth, physical
description and, if known, the driver license number of the person.
The notice shall contain an order to Service Oklahoma to cancel or
deny driving privileges for a period of six (6) months for the first
offense or a period of one (1) year for a subsequent offense.
Provided, however, if the person is less than sixteen (16) years
of age at the time of the determination, and the person will be less
than sixteen (16) years of age at the end of the period of
Oklahoma Statutes - Title 47. Motor Vehicles
cancellation or denial, Service Oklahoma shall extend the period of
cancellation or denial to the date the person attains sixteen (16)
years of age.
The court shall send a copy of the notice to the person first
class, postage prepaid.
C. In addition to the administrative revocation of driving
privileges pursuant to Section 754 of this title, and the mandatory
revocation of driving privileges pursuant to Section 6-205.1 of this
title, this section applies to any crime, violation, infraction,
traffic offense or other offense involving or relating to the
possession, use, sale, purchase, transportation, distribution,
manufacture, or consumption of beer, alcohol, or any beverage
containing alcohol and to any crime, violation, infraction, traffic
offense or other offense involving or relating to the possession,
use, sale, purchase, transportation, distribution, manufacture,
trafficking, cultivation, consumption, ingestion, inhalation,
injection, or absorption of any controlled dangerous substance as
defined by paragraph 8 of Section 2-101 of Title 63 of the Oklahoma
Statutes or any substance which is capable of being ingested,
inhaled, injected, or absorbed into the human body and is capable of
adversely affecting the central nervous system, vision, hearing, or
other sensory or motor functions.
Added by Laws 1988, c. 237, § 1, eff. Nov. 1, 1988. Amended by Laws
1989, c. 314, § 1, eff. Nov. 1, 1989; Laws 1993, c. 238, § 1, emerg.
eff. May 26, 1993; Laws 1994, c. 387, § 1, eff. July 1, 1995; Laws
1996, c. 309, § 4, eff. Nov. 1, 1996; Laws 2006, c. 61, § 12, eff.
July 1, 2006; Laws 2010, c. 345, § 1, eff. Nov. 1, 2010; Laws 2021,
c. 487, § 1, eff. Nov. 1, 2021; Laws 2022, c. 282, § 47, emerg. eff.
May 19, 2022.
§47-6-107.2. Department to cancel or deny driving privileges
pursuant to recommendation under Section 6-107.1 of this title Petition for relief - Hearing - Modification or reinstatement of
driving privileges.
A. Service Oklahoma shall prepare and distribute a Notification
form to be used by the courts, as provided in Section 6-107.1 of
this title. In addition to any other authority to cancel or deny
driving privileges, Service Oklahoma shall, upon receipt of such
completed Notification form from a court, cancel or deny all driving
privileges of the person named in the Notification form without
hearing, for a period of time recommended by the court.
B. Any person whose driving privileges are canceled or denied
pursuant to this section may file a petition for relief based upon
error or hardship.
1. The petition shall be filed in the district court which
notified Service Oklahoma pursuant to Section 6-107.1 of this title
or, if the Notification originated in a municipal court, the
Oklahoma Statutes - Title 47. Motor Vehicles
petition shall be filed in the district court of the county in which
the court is located. A copy of the Notification and a copy of
Service Oklahoma's action canceling or denying driving privileges
pursuant to this section shall be attached to the petition.
2. The district court shall conduct a hearing on the petition
and may determine the matter de novo, without notice to the
Department, and if applicable, without notice to the municipal
court; provided, the district court shall not consider a collateral
attack upon the merits of any conviction or determination which has
become final.
3. The district court may deny the petition or, in its
discretion, issue a written Order to Service Oklahoma to decrease
the period of cancellation or denial to any period or issue a
written Order to vacate Service Oklahoma's action taken pursuant to
this section, in its entirety. The content of the Order shall not
grant or purport to grant any driving privileges to the person;
however, such Order may direct Service Oklahoma to do so if the
person is otherwise eligible therefor. Unless all persons or
agencies the court had reason to believe may have had relevant
information related to the court record and departmental action have
been given notice of the petition, attorney fees and costs shall not
be awarded against any party. In no event shall Service Oklahoma be
liable for attorney fees and costs for suspending, revoking,
canceling or denying a driver license based upon reasonable reliance
on a notice from a court requiring the revocation, suspension,
cancellation or denial of the driver license according to law.
C. Upon receipt of a written Order from the appropriate court,
Service Oklahoma shall modify or reinstate any driving privileges as
provided in the Order.
Added by Laws 1988, c. 237, § 2, eff. Nov. 1, 1988. Amended by Laws
1989, c.314, § 2, eff. Nov. 1, 1989; Laws 1994, c. 387, § 2, eff.
July 1, 1995; Laws 2021, c. 487, § 2, eff. Nov. 1, 2021; Laws 2022,
c. 282, § 48, emerg. eff. May 19, 2022.
§47-6-107.3.
26, 2021.
Repealed by Laws 2021, c. 207, § 2, emerg. eff. April
§47-6-107.4.
19, 2022.
Repealed by Laws 2022, c. 282, § 241, emerg. eff. May
§47-6-107.5.
19, 2022.
Repealed by Laws 2022, c. 282, § 241, emerg. eff. May
§47-6-107.6. Licenses or permits for persons under 18 - False
information relating to school attendance or enrollment Misdemeanor.
Oklahoma Statutes - Title 47. Motor Vehicles
Any person who creates, writes, publishes, enters, or submits
false information relating to the attendance, nonattendance,
verification of attendance or enrollment of a person in a school or
a program of education pursuant to Section 34 of this act, knowing
that such information is false, or any person who knowingly aids or
abets another in the creation or submission of such information,
upon conviction, shall be guilty of a misdemeanor.
Added by Laws 1996, c. 247, § 37, eff. July 1, 1996.
§47-6-107.7. Renumbered as § 608 of Title 37 by Laws 2007, c. 62, §
23, emerg. eff. April 30, 2007.
§47-6-108.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-6-109.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-6-110. See the following versions:
OS 47-6-110v1 (SB 1766, Laws 2024, c. 450, § 4).
OS 47-6-110v2 (SB 2038, Laws 2024, c. 452, § 44).
OS 47-6-110v3 (HB 1854, Laws 2024, c. 11, § 6).
§47-6-110.1. Endorsements.
A. The following endorsements shall be placed on an Oklahoma
driver license to any person qualifying therefore as determined by
Service Oklahoma. Any person having an original Class A, B, C or D
Oklahoma driver license shall only be required to take the
supporting written endorsement testing which is required to endorse
the original Class A, B, C or D Oklahoma driver license.
Endorsement
Authorizes the operation of:
"H"
A non-tank-type vehicle used to
transport hazardous materials in
placardable amounts pursuant to 49
C.F.R., Part 172, subpart F;
"M"
A motorcycle;
"N"
A tank vehicle as defined in Section
1-173.1 of this title;
"P"
A vehicle designed by the
manufacturer to transport sixteen or
more passengers, including the
driver;
"S"
A school bus;
"T"
A vehicle with double or triple
trailers;
"X"
A tank vehicle used to transport
hazardous materials in placardable
amounts pursuant to 49 C.F.R., Part
172, subpart F.
Oklahoma Statutes - Title 47. Motor Vehicles
B. Service Oklahoma may also provide for additional
endorsements as may be needed or as otherwise provided for by law.
C. No person shall operate a motor vehicle requiring
endorsements as provided for in this section without having a valid
Class A, B, C or D license with the required endorsements.
D. All endorsements as provided for in this section must be
obtained prior to the operation of such vehicles. However, the
requirement for a hazardous materials endorsement is not required
for the operation of farm vehicles used to transport pesticides,
fertilizers, or other products integral to farming, but which are
defined as hazardous materials. If, after obtaining a hazardous
material endorsement, a person becomes ineligible for the hazardous
material endorsement pursuant to state or federal law, or both, or
any regulation, Service Oklahoma shall provide notice as provided in
Section 2-116 of this title. A person will have thirty (30) days
from the date of the notice to appear at a designated testing
facility to apply and be issued a commercial driver license without
the endorsement. Failure to comply within the required time shall
be grounds for Service Oklahoma to disqualify the commercial driver
license of the person until compliance has been met.
Added by Laws 1990, c. 219, § 17, eff. Jan. 1, 1991. Amended by
Laws 1991, c. 162, § 3, emerg. eff. May 7, 1991; Laws 2003, c. 392,
§ 6, eff. July 1, 2003; Laws 2004, c. 149, § 3, eff. Nov. 1, 2004;
Laws 2020, c. 137, § 1; Laws 2021, c. 156, § 2, eff. Nov. 1, 2021;
Laws 2022, c. 282, § 50, emerg. eff. May 19, 2022.
§47-6-110.2. Computerized finger imaging system.
A. Service Oklahoma shall implement a procedure for
computerized finger imaging by means of an inkless finger image
scanning device and shall require every applicant for an original,
renewal, or replacement driver license or identification card to
submit to finger imaging for the purposes of proof of identity and
to ensure the security of the driver license or identification card
issued to the applicant. If the finger image of a person over
sixty-five (65) years of age cannot be scanned and the issuing agent
can personally verify the individual’s identity with alternative
identification, the finger imaging shall be overridden. Means must
be provided to trace to the agent who authorized the override.
B. No unemancipated person under eighteen (18) years of age
shall be issued a driver license or identification card by Service
Oklahoma unless an authorization form, prescribed and furnished by
Service Oklahoma, or notarized affidavit authorizing the finger
imaging of the person and signed by the legal custodial parent,
legal guardian, or legal custodian of the person, is in the
possession of Service Oklahoma.
C. No law enforcement agency of the state or federal government
other than the Department of Public Safety shall have access to any
Oklahoma Statutes - Title 47. Motor Vehicles
information collected through the use of computerized finger imaging
without first obtaining a court order from a judge of competent
jurisdiction; provided, however, the Oklahoma State Bureau of
Investigation shall have access to such imaging for the purpose of
identifying a person who is deceased, missing, or endangered. Each
application for an order authorizing the access to any information
collected through the use of computerized finger imaging shall be
made in writing upon oath or affirmation to a judge of competent
jurisdiction. Each application shall establish probable cause for
belief that a named individual is committing, has committed, or is
about to commit a particular violation of law.
D. Service Oklahoma shall adopt rules as may be necessary to
carry out the provisions of this section.
Added by Laws 2001, c. 361, § 1, eff. July 1, 2001. Amended by Laws
2003, c. 219, § 1, eff. July 1, 2004; Laws 2006, c. 311, § 15,
emerg. eff. June 8, 2006; Laws 2008, c. 159, § 6, emerg. eff. May
12, 2008; Laws 2010, c. 272, § 1, eff. Feb. 1, 2011; Laws 2015, c.
96, § 2, eff. Nov. 1, 2015; Laws 2019, c. 402, § 1, eff. Nov. 1,
2019; Laws 2022, c. 282, § 51, emerg. eff. May 19, 2022; Laws 2025,
c. 38, § 2, emerg. eff. May 3, 2025.
NOTE: Laws 2022, c. 282, § 51 was purportedly repealed by Laws
2025, c. 330, § 24 but without reference to Laws 2025, c. 38, § 2,
which amended it
§47-6-110.3. Prohibition of implementation of federal REAL ID Act Legislative findings - Retrieval and deletion of biometric data.
A. The Legislature finds that the enactment into law by the
United States Congress of the federal REAL ID Act of 2005, Public
Law Number 109-13, is an action that individual Oklahomans should
have an option to refuse under the principles of federalism
contained in the Tenth Amendment to the United States Constitution.
B. The State of Oklahoma shall offer its citizens the option of
choosing a Compliant Driver License or Identification Card or a
Noncompliant Driver License or Identification Card.
C. In carrying out the provisions of this Act, the State of
Oklahoma shall not share with the federal government any personal
information or biometric data obtained from an applicant for an
Oklahoma REAL ID compliant or noncompliant driver license or
identification card except as required by the REAL ID Act of 2005,
Public Law Number 109-13. Provided, this subsection shall not
prevent the sharing of such information between agencies, boards,
commissions or political subdivisions of this state or as otherwise
permitted by law.
D. For purposes of this section, "biometric data" includes, but
is not limited to:
1. Facial feature pattern characteristics;
Oklahoma Statutes - Title 47. Motor Vehicles
2. Voice data used for comparing live speech with a previously
created speech model of a person's voice;
3. Iris recognition data containing color or texture patterns
or codes;
4. Retinal scans, reading through the pupil to measure blood
vessels lining the retina;
5. Behavior characteristics of a handwritten signature, such as
shape, speed, pressure, pen angle, or sequence;
6. Fingerprints, palm prints, and other methods for measuring
or recording ridge pattern or fingertip characteristics;
7. Keystroke dynamics, measuring pressure applied to key pads;
8. Hand geometry, measuring hand characteristics, including the
shape and length of fingers, in three (3) dimensions; and
9. Deoxyribonucleic acid (DNA) and/or ribonucleic acid (RNA).
Added by Laws 2007, c. 159, § 1, eff. Nov. 1, 2007. Amended by Laws
2017, c. 1, § 4, emerg. eff. March 2, 2017; Laws 2017, c. 376, § 1,
emerg. eff. June 6, 2017.
§47-6-110.4. Pilot program for certified third-party examiners for
commercial truck driver instructors.
A. The Department of Public Safety is directed to develop and
implement a pilot program to evaluate the potential use of certified
commercial truck driver training instructors employed by businesses
engaged in interstate or intrastate commerce licensed in the state
of Oklahoma to be certified third-party examiners for the Department
of Public Safety. The pilot program shall have a maximum of ten
businesses and shall begin no later than July 1, 2016, for a period
of two (2) years.
B. Any certified commercial truck driver training instructor
who is currently an operator or an employee of a business engaged in
interstate or intrastate commerce licensed in this state shall be
eligible to apply to be a third-party tester of the Department of
Public Safety for the purpose of administering the Class A, B or C
driving skills portion of the Oklahoma driving examination to any
person who has not previously been a student of the instructor.
C. No business shall be established for the education and
training of persons, and no person shall act as an instructor or
third-party tester unless such business or person applies for and
obtains from the Commissioner of Public Safety a license in the
manner and form prescribed by the Commissioner.
D. The Department of Public Safety shall adopt a curriculum of
required courses and training to be offered to applicants who are
qualified to apply to be a third-party tester. The courses and
training for certification shall meet the same standards as required
for commercial driver examiners of the Department of Public Safety.
E. Each business engaged in interstate or intrastate commerce
licensed in this state with an employee or person applying to be an
Oklahoma Statutes - Title 47. Motor Vehicles
instructor or third-party tester shall be required to pay an initial
fee of Five Thousand Dollars ($5,000.00) and an annual renewal fee
of Five Thousand Dollars ($5,000.00). Each person applying to be an
instructor or third-party tester shall be required to pay an initial
certification fee of Two Thousand Five Hundred Dollars ($2,500.00).
Upon successful completion of training prescribed by subsection D of
this section, the person shall be required to pay an annual thirdparty tester certification fee of Two Thousand Five Hundred Dollars
($2,500.00). The third-party tester certification fees collected by
the Department pursuant to this subsection shall be deposited to the
credit of the Department of Public Safety Restricted Revolving Fund
to be used for the purposes of this section. The Department shall
not be required to operate this program unless adequate funds are
provided. No third-party tester certification fee shall be refunded
to the business or person in the event that certification is denied,
suspended or revoked.
F. The Department shall conduct on an annual basis a complete
nationwide criminal history background check on each third-party
tester and a complete nationwide criminal history background check
on each third-party tester applicant. The fees for the background
check shall be borne by the third-party tester or third-party tester
applicant.
G. The Department of Public Safety shall promulgate rules to
implement and administer the provisions of this section based on
requirements set forth in Section 383.75 of Title 47 of the Code of
Federal Regulations.
Added by Laws 2015, c.154, § 1, eff. Nov. 1, 2015.
§47-6-110.5. Training and education for compliance with the REAL ID
Act.
A. Service Oklahoma shall offer or make available training and
education for licensed operators and licensed operator employees, so
that such licensed operators and employees shall be able to achieve
and maintain compliance with the requirements of the REAL ID Act of
2005, Public Law No. 109-13, related to such licensed operators' and
licensed operator employees' ability to be authorized participants
in the REAL ID Compliant Driver License and Identification Card
issuance, renewal and replacement process.
B. The training and education required by subsection A of this
section shall be offered or made available:
1. At reasonable cost to licensed operators and licensed
operator employees seeking authorization to participate in the REAL
ID Compliant Driver License and Identification Card issuance,
renewal and replacement process; and
2. On a regular basis as Service Oklahoma determines necessary
and compliant in accordance with the Department of Homeland
Security:
Oklahoma Statutes - Title 47. Motor Vehicles
a.
at on-site locations located or rotating throughout
the state, which shall not exceed four (4) hours in
duration and shall cost no more than Fifty Dollars
($50.00) to the licensed operators and licensed
operator employees, and
b.
through an American Association of Motor Vehicle
Administrators (AAMVA) on-line resource that is
approved by the Department of Homeland Security.
C. Every licensed operator seeking authorization to process
approved applications or renewals for REAL ID Compliant Driver
Licenses or Identification Cards shall be furnished all equipment
required for such processing by Service Oklahoma without charge to
the licensed operator.
D. Service Oklahoma shall promulgate rules as necessary to
implement the provisions of this section.
Added by Laws 2017, c. 1, § 8, emerg. eff. March 2, 2017. Amended
by Laws 2022, c. 282, § 52, emerg. eff. May 19, 2022.
§47-6-110v1. Examination of applicants.
A. 1. Service Oklahoma shall establish procedures to ensure
every applicant for an original Class A, B, C or D license and for
any endorsements thereon is examined by Service Oklahoma, or an
approved written examination proctor, except as otherwise provided
in Section 6-101 et seq. of this title or as provided in paragraph 2
of this subsection or in subsections D and E of this section.
Service Oklahoma is authorized to approve and enter into agreements
with third parties including, but not limited to, public school
districts, technology center districts overseen by the Oklahoma
Department of Career and Technology Education, institutions of
higher education, or commercial driver training schools, to act as
approved written examination proctors with regard to any written
examination required by this section. The examination shall include
a test of the applicant’s:
a.
eyesight,
b.
ability to read and understand highway signs
regulating, warning and directing traffic,
c.
knowledge of the traffic laws of this state including
a portion on bicycle and motorcycle safety, and
d.
ability, by actual demonstration, to exercise ordinary
and reasonable control in the operation of a motor
vehicle. The actual demonstration shall be conducted
in the type of motor vehicle for the class of driver
license being applied for.
The Department of Public Safety, in conjunction with Service
Oklahoma, may create a knowledge test that may be taken on the
Internet by an applicant applying for a Class D license.
Oklahoma Statutes - Title 47. Motor Vehicles
Any licensee seeking to apply for a driver license of another class
which is not covered by the licensee’s current driver license shall
be considered an applicant for an original license for that class.
2. Service Oklahoma shall have the authority to waive the
requirement of any part of the examination required in paragraph 1
of this subsection for those applicants whose driving record meets
the standards set by the Department of Public Safety and surrender
either of the following:
a.
a valid unexpired driver license issued by any state
or country for the same type or types of vehicles, or
b.
an expired driver license that:
(1) is not expired more than six (6) months past the
expiration date listed on the driver license, and
(2) is not a Class A, B or C commercial driver
license or commercial driver license permit.
3. Service Oklahoma shall accept skills test results from
another state for Class A, B or C license applicants who have
successfully completed commercial motor vehicle driver training in
that state and successfully passed the skills test in that state;
provided, Service Oklahoma shall not accept skills test results from
another state when the applicant has not successfully completed
commercial motor vehicle driver training in that state. Nothing in
this section shall be construed to prohibit Service Oklahoma from
administering the skills test to any applicant who has successfully
completed commercial vehicle driver training in another state.
4. All applicants requiring a hazardous materials endorsement
shall be required, for the renewal of the endorsement, to
successfully complete the examination and to submit to a security
threat assessment performed by the Transportation Security
Administration of the Department of Homeland Security as required by
and pursuant to 49 C.F.R., Part 1572, which shall be used to
determine whether the applicant is eligible for renewal of the
endorsement pursuant to federal law and regulation.
5. Service Oklahoma, or an approved written examination
proctor, shall give the complete examination as provided for in this
section within thirty (30) days from the date the application is
received, and the examination shall be given at a location within
one hundred (100) miles of the residence of the applicant. Service
Oklahoma shall make every effort to make the examination locations
and times convenient for applicants. Service Oklahoma shall
consider giving the examination at any public or private site, if
economically feasible and practicable, and if Service Oklahoma and
the owner or the governing body agree.
B. Any person holding a valid Oklahoma Class D license or
provisional driver license pursuant to Section 6-212 of this title
and applying for a Class A, B or C commercial license shall be
required to successfully complete all examinations as required for
Oklahoma Statutes - Title 47. Motor Vehicles
the specified class. Failure to submit to Service Oklahoma
federally required medical certification information pursuant to 49
C.F.R., Part 391.41 et seq. shall result in an automatic downgrade
of a commercial license to a Class D license. Provided, however,
once the required medical certification information has been
received by Service Oklahoma, the license shall be reinstated to the
classification of the commercial license prior to the downgrade and
the holder of such a license shall not be required to reapply.
C. Except as provided in subsection E of Section 6-101 of this
title, any person holding a valid Oklahoma Class A, B or C
commercial license shall, upon time for renewal thereof, be entitled
to a Class D license without any type of testing or examination,
except for any endorsements thereon as otherwise provided for by
Section 6-110.1 of this title.
D. 1. Any certified driver education instructor who is
currently an operator or an employee of a commercial driver training
school in this state or any driver education instructor employed by
any school district in this state shall be eligible to apply to be a
designated examiner of Service Oklahoma for the purposes of
administering the Class D driving skills portion of the Oklahoma
driving examination to any person who is eligible to take the
Oklahoma driving examination including, but not limited to, a person
who has been issued a learner permit or farm permit. Service
Oklahoma shall to the maximum extent possible accept electronic
signatures for all applications to be a designated examiner.
2. The Department of Public Safety, in conjunction with Service
Oklahoma, shall adopt a curriculum of required courses and training
to be offered to applicants who are qualified to apply to be a
designated examiner. The courses and training for certification
shall meet the same standards as required for driver examiners of
Service Oklahoma. Within thirty (30) days of the effective date of
this act, and by October 1 of each subsequent year, Service Oklahoma
shall publish a schedule for the subsequent calendar year of courses
and trainings which shall occur no less than twice per calendar
year. Service Oklahoma may schedule additional courses and
trainings based on demand. Service Oklahoma shall disclose how many
slots are available for each course or training and any restrictions
on how those slots may be allocated at the time of publishing the
schedule.
3. Each person applying to be a designated examiner shall be
required to pay an initial designated examiner certification fee of
One Thousand Dollars ($1,000.00). Upon successful completion of
training prescribed by paragraph 2 of this subsection, the person
shall be required to pay an annual designated examiner certification
fee of Five Hundred Dollars ($500.00). If an applicant for the
designated examiner program is employed by an Oklahoma public school
system that offers driver education, and he or she administers the
Oklahoma Statutes - Title 47. Motor Vehicles
skills test only to students enrolled in a public school driver
education program, the certification fee may be waived by Service
Oklahoma. Each designated examiner certification shall expire on
the last day of the calendar year and may be renewed upon
application to Service Oklahoma. The designated examiner
certification fees collected by Service Oklahoma pursuant to this
subsection shall be deposited to the credit of the Department of
Public Safety Restricted Revolving Fund to be used for the purposes
of this subsection, through October 31, 2022. Beginning November 1,
2022, the designated examiner certification fees collected by
Service Oklahoma pursuant to this subsection shall be deposited to
the credit of the Service Oklahoma Revolving Fund. No designated
examiner certification fee shall be refunded in the event that
certification is denied, suspended or revoked.
4. A designated examiner may charge a fee for each Class D
driving skills examination given, whether the person being examined
passes or fails the examination.
5. Service Oklahoma shall conduct an annual complete nationwide
criminal history background check on each designated examiner and a
complete nationwide criminal history background check on each
designated examiner applicant. The fees for the background check
shall be borne by the designated examiner or designated examiner
applicant.
6. The Department of Public Safety, in conjunction with Service
Oklahoma, shall promulgate rules to implement and administer the
provisions of this subsection.
E. 1. Upon application and approval of Service Oklahoma, any
public or private commercial truck driving school that has or
maintains a program instructing students for a Class A, B or C
license, public transit agency, state, county or municipal
government agency in this state, such as local school districts, the
Oklahoma Department of Career and Technology Education, or
institutions of higher education, or a private entity, shall be
authorized to hire or employ designated examiners approved by
Service Oklahoma to be third-party examiners of the Class A, B or C
driving skills portion and/or knowledge written portion, pursuant to
subsection A of this section, of the Oklahoma driving examination.
All designated examiners must successfully have completed the
courses and training as outlined in paragraph 2 of this subsection.
Service Oklahoma shall be required to approve at least one public
transit agency that has or maintains a program instructing students
for a Class A, B or C license to hire or employ third-party
examiners pursuant to this section. It shall be permissible for any
public transit agency operating in this state to utilize the thirdparty examiners hired or employed by a public transit agency
approved by Service Oklahoma.
Oklahoma Statutes - Title 47. Motor Vehicles
2. The Department of Public Safety, in conjunction with Service
Oklahoma, shall adopt a curriculum of required courses and training
to be offered to third-party examiners. The courses and training
for certification shall meet the same standards as required for
commercial driver examiners of Service Oklahoma.
3. Service Oklahoma shall require each third-party examiner
applicant and commercial school driver education instructor
applicant to submit to an electronic national criminal history
record check pursuant to Section 150.9 of Title 74 of the Oklahoma
Statutes. On or before December 1, 2022, Service Oklahoma shall
require each third-party examiner or commercial school driver
education instructor to submit to an electronic national criminal
history record check pursuant to Section 150.9 of Title 74 of the
Oklahoma Statutes. The fees for the background check shall be borne
by the third-party examiner, third-party examiner applicant,
commercial school driver education instructor or commercial school
driver education instructor applicant.
F. Service Oklahoma shall promulgate rules to:
1. Implement and administer the provisions of this section
based on requirements set forth in Section 383.75 of Title 49 of the
Code of Federal Regulations;
2. Establish a process to inform any school, public transit
agency, examiner, or state, county or municipal government agency,
who has been denied, within forty-five (45) days from the denial;
3. Create an appeal process for any school, public transit
agency, examiner, or state, county or municipal government agency
denied; and
4. If the initial application for approval was denied, limit
the number of times an individual school, public transit agency,
individual examiner applicant, or state, county or municipal
government agency may reapply in a calendar year to two
reapplications.
Added by Laws 1961, p. 344, § 6-110, eff. Sept. 1, 1961. Amended by
Laws 1978, c. 304, § 6; Laws 1985, c. 45, § 6, eff. Jan. 1, 1986;
Laws 1990, c. 219, § 16, eff. Jan 1, 1991; Laws 1992, c. 206, § 1,
eff. Sept. 1, 1992; Laws 1994, c. 196, § 1, eff. Sept. 1, 1994; Laws
1995, c. 23, § 9, eff. Nov. 1, 1995; Laws 1996, c. 203, § 3, emerg.
eff. May 21, 1996; Laws 1998, c. 425, § 6, eff. July 1, 1998; Laws
1999, c. 229, § 1, eff. Nov. 1, 1999; Laws 2002, c. 386, § 1, eff.
Nov. 1, 2002; Laws 2004, c. 149, § 2, eff. Nov. 1, 2004; Laws 2004,
c. 418, § 9, eff. July 1, 2004; Laws 2005, c. 1, § 46, emerg. eff.
March 15, 2005; Laws 2005, c. 394, § 2, emerg. eff. June 6, 2005;
Laws 2009, c. 310, § 2, eff. Nov. 1, 2009; Laws 2011, c. 25, § 1,
eff. Nov. 1, 2011; Laws 2012, c. 280, § 3, eff. Nov. 1, 2012; Laws
2013, c. 259, § 4, eff. Nov. 1, 2013; Laws 2014, c. 199, § 2, eff.
July 1, 2014; Laws 2015, c. 266, § 3, eff. Nov. 1, 2015; Laws 2016,
c. 210, § 29, emerg. eff. April 26, 2016; Laws 2019, c. 395, § 1,
Oklahoma Statutes - Title 47. Motor Vehicles
eff. Nov. 1, 2019; Laws 2021, c. 24, § 3, emerg. eff. April 19,
2021; Laws 2021, c. 522, § 3, emerg. eff. May 24, 2021; Laws 2022,
c. 282, § 49, emerg. eff. May 19, 2022; Laws 2023, c. 82, § 1, eff.
Nov. 1, 2023; Laws 2024, c. 450, § 4, eff. Nov. 1, 2024.
NOTE: Laws 2004, c. 390, § 5 repealed by Laws 2005, c. 1, § 47,
emerg. eff. March 15, 2005. Laws 2015, c. 97, § 2 repealed by Laws
2016, c. 210, § 30, emerg. eff. April 26, 2016. Laws 2021, c. 156,
§ 1 repealed by Laws 2021, c. 522, § 8, emerg. eff. May 24, 2021.
Laws 2021, c. 220, § 2 repealed by Laws 2021, c. 522, § 9, emerg.
eff. May 24, 2021.
§47-6-110v2. Examination of applicants.
A. 1. Service Oklahoma shall establish procedures to ensure
every applicant for an original Class A, B, C or D license and for
any endorsements thereon is examined by Service Oklahoma, or an
approved written examination proctor, except as otherwise provided
in Section 6-101 et seq. of this title or as provided in paragraph 2
of this subsection or in subsections D and E of this section.
Service Oklahoma is authorized to approve and enter into agreements
with third parties to act as approved written examination proctors
with regard to any written examination required by this section.
The examination shall include a test of the applicant’s:
a.
eyesight,
b.
ability to read and understand highway signs
regulating, warning and directing traffic,
c.
knowledge of the traffic laws of this state including
a portion on bicycle and motorcycle safety, and
d.
ability, by actual demonstration, to exercise ordinary
and reasonable control in the operation of a motor
vehicle. The actual demonstration shall be conducted
in the type of motor vehicle for the class of driver
license being applied for.
The Department of Public Safety, in conjunction with Service
Oklahoma, may create a knowledge test that may be taken on the
Internet by an applicant applying for a Class D license.
Any licensee seeking to apply for a driver license of another class
which is not covered by the licensee’s current driver license shall
be considered an applicant for an original license for that class.
2. Service Oklahoma shall have the authority to waive the
requirement of any part of the examination required in paragraph 1
of this subsection for those applicants whose driving record meets
the standards set by the Department of Public Safety and surrender
either of the following:
a.
a valid unexpired driver license issued by any state
or country for the same type or types of vehicles, or
b.
an expired driver license that:
Oklahoma Statutes - Title 47. Motor Vehicles
(1)
is not expired more than six (6) months past the
expiration date listed on the driver license, and
(2) is not a Class A, B or C commercial driver
license or commercial driver license permit.
3. Service Oklahoma shall accept skills test results from
another state for Class A, B or C license applicants who have
successfully completed commercial motor vehicle driver training in
that state and successfully passed the skills test in that state;
provided, Service Oklahoma shall not accept skills test results from
another state when the applicant has not successfully completed
commercial motor vehicle driver training in that state. Nothing in
this section shall be construed to prohibit Service Oklahoma from
administering the skills test to any applicant who has successfully
completed commercial vehicle driver training in another state.
4. All applicants requiring a hazardous materials endorsement
shall be required, for the renewal of the endorsement, to
successfully complete the examination and to submit to a security
threat assessment performed by the Transportation Security
Administration of the Department of Homeland Security as required by
and pursuant to 49 C.F.R., Part 1572, which shall be used to
determine whether the applicant is eligible for renewal of the
endorsement pursuant to federal law and regulation.
5. Service Oklahoma, or an approved written examination
proctor, shall give the complete examination as provided for in this
section within thirty (30) days from the date the application is
received, and the examination shall be given at a location within
one hundred (100) miles of the residence of the applicant. Service
Oklahoma shall make every effort to make the examination locations
and times convenient for applicants. Service Oklahoma shall
consider giving the examination at any public or private site, if
economically feasible and practicable, and if Service Oklahoma and
the owner or the governing body agree.
B. Any person holding a valid Oklahoma Class D license or
provisional driver license pursuant to Section 6-212 of this title
and applying for a Class A, B or C commercial license shall be
required to successfully complete all examinations as required for
the specified class. Failure to submit to Service Oklahoma
federally required medical certification information pursuant to 49
C.F.R., Part 391.41 et seq. shall result in an automatic downgrade
of a commercial license to a Class D license. Provided, however,
once the required medical certification information has been
received by Service Oklahoma, the license shall be reinstated to the
classification of the commercial license prior to the downgrade and
the holder of such a license shall not be required to reapply.
C. Except as provided in subsection E of Section 6-101 of this
title, any person holding a valid Oklahoma Class A, B or C
commercial license shall, upon time for renewal thereof, be entitled
Oklahoma Statutes - Title 47. Motor Vehicles
to a Class D license without any type of testing or examination,
except for any endorsements thereon as otherwise provided for by
Section 6-110.1 of this title.
D. 1. Any certified driver education instructor who is
currently an operator or an employee of a commercial driver training
school in this state or any driver education instructor employed by
any school district in this state shall be eligible to apply to be a
designated examiner of Service Oklahoma for the purposes of
administering the Class D driving skills portion of the Oklahoma
driving examination to any person who has been issued a learner
permit.
2. The Department of Public Safety, in conjunction with Service
Oklahoma, shall adopt a curriculum of required courses and training
to be offered to applicants who are qualified to apply to be a
designated examiner. The courses and training for certification
shall meet the same standards as required for driver examiners of
Service Oklahoma.
3. Each person applying to be a designated examiner shall be
required to pay an initial designated examiner certification fee of
One Thousand Dollars ($1,000.00). Upon successful completion of
training prescribed by paragraph 2 of this subsection, the person
shall be required to pay an annual designated examiner certification
fee of Five Hundred Dollars ($500.00). If an applicant for the
designated examiner program is employed by an Oklahoma public school
system that offers driver education, and he or she administers the
skills test only to students enrolled in a public school driver
education program, the certification fee may be waived by Service
Oklahoma. Each designated examiner certification shall expire on
the last day of the calendar year and may be renewed upon
application to Service Oklahoma. The designated examiner
certification fees collected by Service Oklahoma pursuant to this
subsection shall be deposited to the credit of the Department of
Public Safety Restricted Revolving Fund to be used for the purposes
of this subsection, through October 31, 2022. Beginning November 1,
2022, the designated examiner certification fees collected by
Service Oklahoma pursuant to this subsection shall be deposited to
the credit of the Service Oklahoma Revolving Fund. No designated
examiner certification fee shall be refunded in the event that
certification is denied, suspended or revoked.
4. A designated examiner may charge a fee for each Class D
driving skills examination given, whether the person being examined
passes or fails the examination.
5. Service Oklahoma shall require each designated examiner and
driver education instructor applicant to submit to an electronic
national criminal history record check pursuant to Section 150.9 of
Title 74 of the Oklahoma Statutes. The fees for the record check
shall be borne by the designated examiner, designated examiner
Oklahoma Statutes - Title 47. Motor Vehicles
applicant, driver education instructor, or driver education
instructor applicant.
6. The Department of Public Safety, in conjunction with Service
Oklahoma, shall promulgate rules to implement and administer the
provisions of this subsection.
E. 1. Upon application and approval of Service Oklahoma, any
public or private commercial truck driving school that has or
maintains a program instructing students for a Class A, B or C
license, public transit agency, state, county or municipal
government agency in this state, such as local school districts, the
Oklahoma Department of Career and Technology Education, or
institutions of higher education, or a private entity, shall be
authorized to hire or employ designated examiners approved by
Service Oklahoma to be third-party examiners of the Class A, B or C
driving skills portion and/or knowledge written portion, pursuant to
paragraph A of this section, of the Oklahoma driving examination.
All designated examiners must successfully have completed the
courses and training as outlined in paragraph 2 of this subsection.
Service Oklahoma shall be required to approve at least one public
transit agency that has or maintains a program instructing students
for a Class A, B or C license to hire or employ third-party
examiners pursuant to this section. It shall be permissible for any
public transit agency operating in the State of Oklahoma to utilize
the third-party examiners hired or employed by a public transit
agency approved by Service Oklahoma.
2. The Department of Public Safety, in conjunction with Service
Oklahoma, shall adopt a curriculum of required courses and training
to be offered to third-party examiners. The courses and training
for certification shall meet the same standards as required for
commercial driver examiners of Service Oklahoma.
3. Service Oklahoma shall require each third-party examiner
applicant and commercial school driver education instructor
applicant to submit to an electronic national criminal history
record check pursuant to Section 150.9 of Title 74 of the Oklahoma
Statutes. On or before December 1, 2022, Service Oklahoma shall
require each third-party examiner or commercial school driver
education instructor to submit to an electronic national criminal
history record check pursuant to Section 150.9 of Title 74 of the
Oklahoma Statutes. The fees for the background check shall be borne
by the third-party examiner, third-party examiner applicant,
commercial school driver education instructor or commercial school
driver education instructor applicant.
F. Service Oklahoma shall promulgate rules to:
1. Implement and administer the provisions of this section
based on requirements set forth in Section 383.75 of Title 49 of the
Code of Federal Regulations;
Oklahoma Statutes - Title 47. Motor Vehicles
2. Establish a process to inform any school, public transit
agency, examiner, or state, county or municipal government agency,
who has been denied, within forty-five (45) days from the denial;
3. Create an appeal process for any school, public transit
agency, examiner, or state, county or municipal government agency
denied; and
4. If the initial application for approval was denied, limit
the number of times an individual school, public transit agency,
individual examiner applicant, or state, county or municipal
government agency may reapply in a calendar year to two
reapplications.
Added by Laws 1961, p. 344, § 6-110, eff. Sept. 1, 1961. Amended by
Laws 1978, c. 304, § 6; Laws 1985, c. 45, § 6, eff. Jan. 1, 1986;
Laws 1990, c. 219, § 16, eff. Jan 1, 1991; Laws 1992, c. 206, § 1,
eff. Sept. 1, 1992; Laws 1994, c. 196, § 1, eff. Sept. 1, 1994; Laws
1995, c. 23, § 9, eff. Nov. 1, 1995; Laws 1996, c. 203, § 3, emerg.
eff. May 21, 1996; Laws 1998, c. 425, § 6, eff. July 1, 1998; Laws
1999, c. 229, § 1, eff. Nov. 1, 1999; Laws 2002, c. 386, § 1, eff.
Nov. 1, 2002; Laws 2004, c. 149, § 2, eff. Nov. 1, 2004; Laws 2004,
c. 418, § 9, eff. July 1, 2004; Laws 2005, c. 1, § 46, emerg. eff.
March 15, 2005; Laws 2005, c. 394, § 2, emerg. eff. June 6, 2005;
Laws 2009, c. 310, § 2, eff. Nov. 1, 2009; Laws 2011, c. 25, § 1,
eff. Nov. 1, 2011; Laws 2012, c. 280, § 3, eff. Nov. 1, 2012; Laws
2013, c. 259, § 4, eff. Nov. 1, 2013; Laws 2014, c. 199, § 2, eff.
July 1, 2014; Laws 2015, c. 266, § 3, eff. Nov. 1, 2015; Laws 2016,
c. 210, § 29, emerg. eff. April 26, 2016; Laws 2019, c. 395, § 1,
eff. Nov. 1, 2019; Laws 2021, c. 24, § 3, emerg. eff. April 19,
2021; Laws 2021, c. 522, § 3, emerg. eff. May 24, 2021; Laws 2022,
c. 282, § 49, emerg. eff. May 19, 2022; Laws 2023, c. 82, § 1, eff.
Nov. 1, 2023; Laws 2024, c. 452, § 44, emerg. eff. June 14, 2024.
NOTE: Laws 2004, c. 390, § 5 repealed by Laws 2005, c. 1, § 47,
emerg. eff. March 15, 2005. Laws 2015, c. 97, § 2 repealed by Laws
2016, c. 210, § 30, emerg. eff. April 26, 2016. Laws 2021, c. 156,
§ 1 repealed by Laws 2021, c. 522, § 8, emerg. eff. May 24, 2021.
Laws 2021, c. 220, § 2 repealed by Laws 2021, c. 522, § 9, emerg.
eff. May 24, 2021.
§47-6-110v3. Examination of applicants.
A. 1. Service Oklahoma shall establish procedures to ensure
every applicant for an original Class A, B, C or D license and for
any endorsements thereon is examined by Service Oklahoma, or an
approved written examination proctor, except as otherwise provided
in Section 6-101 et seq. of this title or as provided in paragraph 2
of this subsection or in subsections D and E of this section.
Service Oklahoma is authorized to approve and enter into agreements
with local school districts, the Oklahoma Department of Career and
Technology Education, or institutions of higher education to act as
Oklahoma Statutes - Title 47. Motor Vehicles
approved written examination proctors with regard to any written
examination required by this section. The examination shall include
a test of the applicant’s:
a.
eyesight,
b.
ability to read and understand highway signs
regulating, warning and directing traffic,
c.
knowledge of the traffic laws of this state including
a portion on bicycle and motorcycle safety, and
d.
ability, by actual demonstration, to exercise ordinary
and reasonable control in the operation of a motor
vehicle. The actual demonstration shall be conducted
in the type of motor vehicle for the class of driver
license being applied for.
The Department of Public Safety, in conjunction with Service
Oklahoma, may create a knowledge test that may be taken on the
Internet by an applicant applying for a Class D license.
Any licensee seeking to apply for a driver license of another class
which is not covered by the licensee’s current driver license shall
be considered an applicant for an original license for that class.
2. Service Oklahoma shall have the authority to waive the
requirement of any part of the examination required in paragraph 1
of this subsection for those applicants whose driving record meets
the standards set by the Department of Public Safety and surrender
either of the following:
a.
a valid unexpired driver license issued by any state
or country for the same type or types of vehicles, or
b.
an expired driver license that:
(1) is not expired more than six (6) months past the
expiration date listed on the driver license, and
(2) is not a Class A, B or C commercial driver
license or commercial driver license permit.
3. Service Oklahoma shall accept skills test results from
another state for Class A, B or C license applicants who have
successfully completed commercial motor vehicle driver training in
that state and successfully passed the skills test in that state;
provided, Service Oklahoma shall not accept skills test results from
another state when the applicant has not successfully completed
commercial motor vehicle driver training in that state. Nothing in
this section shall be construed to prohibit Service Oklahoma from
administering the skills test to any applicant who has successfully
completed commercial vehicle driver training in another state.
4. All applicants requiring a hazardous materials endorsement
shall be required, for the renewal of the endorsement, to
successfully complete the examination and to submit to a security
threat assessment performed by the Transportation Security
Administration of the Department of Homeland Security as required by
and pursuant to 49 C.F.R., Part 1572, which shall be used to
Oklahoma Statutes - Title 47. Motor Vehicles
determine whether the applicant is eligible for renewal of the
endorsement pursuant to federal law and regulation.
5. Service Oklahoma, or an approved written examination
proctor, shall give the complete examination as provided for in this
section within thirty (30) days from the date the application is
received, and the examination shall be given at a location within
one hundred (100) miles of the residence of the applicant. Service
Oklahoma shall make every effort to make the examination locations
and times convenient for applicants. Service Oklahoma shall
consider giving the examination at various school sites if the
district board of education for the district in which the site is
located agrees and if economically feasible and practicable.
B. Any person holding a valid Oklahoma Class D license or
provisional driver license pursuant to Section 6-212 of this title
and applying for a Class A, B or C commercial license shall be
required to successfully complete all examinations as required for
the specified class. Failure to submit to Service Oklahoma
federally required medical certification information pursuant to 49
C.F.R., Part 391.41 et seq. shall result in an automatic downgrade
of a commercial license to a Class D license. Provided, however,
once the required medical certification information has been
received by Service Oklahoma, the license shall be reinstated to the
classification of the commercial license prior to the downgrade and
the holder of such a license shall not be required to reapply.
C. Except as provided in subsection E of Section 6-101 of this
title, any person holding a valid Oklahoma Class A, B or C
commercial license shall, upon time for renewal thereof, be entitled
to a Class D license without any type of testing or examination,
except for any endorsements thereon as otherwise provided for by
Section 6-110.1 of this title.
D. 1. Any certified driver education instructor who is
currently an operator or an employee of a commercial driver training
school in this state, any driver education instructor employed by
any school district in this state, or any licensed operator or an
employee of a licensed operator shall be eligible to apply to be a
designated examiner of Service Oklahoma for the purposes of
administering the Class D driving skills portion of the Oklahoma
driving examination to any person who has been issued a learner
permit.
2. The Department of Public Safety, in conjunction with Service
Oklahoma, shall adopt a curriculum of required courses and training
to be offered to applicants who are qualified to apply to be a
designated examiner. The courses and training for certification
shall meet the same standards as required for driver examiners of
Service Oklahoma.
3. Each person applying to be a designated examiner shall be
required to pay an initial designated examiner certification fee of
Oklahoma Statutes - Title 47. Motor Vehicles
One Thousand Dollars ($1,000.00). Upon successful completion of
training prescribed by paragraph 2 of this subsection, the person
shall be required to pay an annual designated examiner certification
fee of Five Hundred Dollars ($500.00). If an applicant for the
designated examiner program is employed by an Oklahoma public school
system that offers driver education, and he or she administers the
skills test only to students enrolled in a public school driver
education program, the certification fee may be waived by Service
Oklahoma. Each designated examiner certification shall expire on
the last day of the calendar year and may be renewed upon
application to Service Oklahoma. The designated examiner
certification fees collected by Service Oklahoma pursuant to this
subsection shall be deposited to the credit of the Department of
Public Safety Restricted Revolving Fund to be used for the purposes
of this subsection, through October 31, 2022. Beginning November 1,
2022, the designated examiner certification fees collected by
Service Oklahoma pursuant to this subsection shall be deposited to
the credit of the Service Oklahoma Revolving Fund. No designated
examiner certification fee shall be refunded in the event that
certification is denied, suspended or revoked.
4. A designated examiner may charge a fee for each Class D
driving skills examination given, whether the person being examined
passes or fails the examination.
5. Service Oklahoma shall require each designated examiner and
driver education instructor applicant to submit to an electronic
national criminal history record check pursuant to Section 150.9 of
Title 74 of the Oklahoma Statutes. The fees for the record check
shall be borne by the designated examiner, designated examiner
applicant, driver education instructor, or driver education
instructor applicant.
6. The Department of Public Safety, in conjunction with Service
Oklahoma, shall promulgate rules to implement and administer the
provisions of this subsection.
E. 1. Upon application and approval of Service Oklahoma, any
public or private commercial truck driving school that has or
maintains a program instructing students for a Class A, B or C
license, public transit agency or state, county or municipal
government agency in this state shall be authorized to hire or
employ designated examiners approved by Service Oklahoma to be
third-party examiners of the Class A, B or C driving skills portion
of the Oklahoma driving examination. All designated examiners must
successfully have completed the courses and training as outlined in
paragraph 2 of this subsection. Service Oklahoma shall be required
to approve at least one public transit agency that has or maintains
a program instructing students for a Class A, B or C license to hire
or employ third-party examiners pursuant to this section. It shall
be permissible for any public transit agency operating in the State
Oklahoma Statutes - Title 47. Motor Vehicles
of Oklahoma to utilize the third-party examiners hired or employed
by a public transit agency approved by Service Oklahoma.
2. The Department of Public Safety, in conjunction with Service
Oklahoma, shall adopt a curriculum of required courses and training
to be offered to third-party examiners. The courses and training
for certification shall meet the same standards as required for
commercial driver examiners of Service Oklahoma.
3. Service Oklahoma shall require each third-party examiner
applicant and commercial school driver education instructor
applicant to submit to an electronic national criminal history
record check pursuant to Section 150.9 of Title 74 of the Oklahoma
Statutes. On or before December 1, 2022, Service Oklahoma shall
require each third-party examiner or commercial school driver
education instructor to submit to an electronic national criminal
history record check pursuant to Section 150.9 of Title 74 of the
Oklahoma Statutes. The fees for the background check shall be borne
by the third-party examiner, third-party examiner applicant,
commercial school driver education instructor or commercial school
driver education instructor applicant.
F. Service Oklahoma shall promulgate rules to:
1. Implement and administer the provisions of this section
based on requirements set forth in Section 383.75 of Title 49 of the
Code of Federal Regulations;
2. Establish a process to inform any school, public transit
agency, examiner, or state, county or municipal government agency,
who has been denied, within forty-five (45) days from the denial;
3. Create an appeal process for any school, public transit
agency, examiner, or state, county or municipal government agency
denied; and
4. If the initial application for approval was denied, limit
the number of times an individual school, public transit agency,
individual examiner applicant, or state, county or municipal
government agency may reapply in a calendar year to two
reapplications.
Added by Laws 1961, p. 344, § 6-110, eff. Sept. 1, 1961. Amended by
Laws 1978, c. 304, § 6; Laws 1985, c. 45, § 6, eff. Jan. 1, 1986;
Laws 1990, c. 219, § 16, eff. Jan 1, 1991; Laws 1992, c. 206, § 1,
eff. Sept. 1, 1992; Laws 1994, c. 196, § 1, eff. Sept. 1, 1994; Laws
1995, c. 23, § 9, eff. Nov. 1, 1995; Laws 1996, c. 203, § 3, emerg.
eff. May 21, 1996; Laws 1998, c. 425, § 6, eff. July 1, 1998; Laws
1999, c. 229, § 1, eff. Nov. 1, 1999; Laws 2002, c. 386, § 1, eff.
Nov. 1, 2002; Laws 2004, c. 149, § 2, eff. Nov. 1, 2004; Laws 2004,
c. 418, § 9, eff. July 1, 2004; Laws 2005, c. 1, § 46, emerg. eff.
March 15, 2005; Laws 2005, c. 394, § 2, emerg. eff. June 6, 2005;
Laws 2009, c. 310, § 2, eff. Nov. 1, 2009; Laws 2011, c. 25, § 1,
eff. Nov. 1, 2011; Laws 2012, c. 280, § 3, eff. Nov. 1, 2012; Laws
2013, c. 259, § 4, eff. Nov. 1, 2013; Laws 2014, c. 199, § 2, eff.
Oklahoma Statutes - Title 47. Motor Vehicles
July 1, 2014; Laws 2015, c. 266, § 3, eff. Nov. 1, 2015; Laws 2016,
c. 210, § 29, emerg. eff. April 26, 2016; Laws 2019, c. 395, § 1,
eff. Nov. 1, 2019; Laws 2021, c. 24, § 3, emerg. eff. April 19,
2021; Laws 2021, c. 522, § 3, emerg. eff. May 24, 2021; Laws 2022,
c. 282, § 49, emerg. eff. May 19, 2022; Laws 2023, c. 310, § 15,
eff. July 1, 2023; Laws 2024, c. 11, § 6, emerg. eff. April 18,
2024.
NOTE: Laws 2004, c. 390, § 5 repealed by Laws 2005, c. 1, § 47,
emerg. eff. March 15, 2005. Laws 2015, c. 97, § 2 repealed by Laws
2016, c. 210, § 30, emerg. eff. April 26, 2016. Laws 2021, c. 156,
§ 1 repealed by Laws 2021, c. 522, § 8, emerg. eff. May 24, 2021.
Laws 2021, c. 220, § 2 repealed by Laws 2021, c. 522, § 9, emerg.
eff. May 24, 2021.
NOTE: Laws 2023, c. 310, § 15 was purportedly repealed by Laws
2024, c. 452, § 45 but without reference to Laws 2024, c. 11, § 6,
which amended it.
§47-6-111. See the following versions:
OS 47-6-111v1 (SB 310, Laws 2025, c. 310, § 2)
OS 47-6-111v2 (HB 1751, Laws 2025, c. 330, § 5)
§47-6-111v1. Issuance of license or identification card - Temporary
permit - Restricted commercial driver license - "Sex Offender"
license or card – Original, renewal or replacement of modified
driving privileges.
A. 1. Service Oklahoma shall, upon payment of the required
fee, issue to every applicant qualifying therefor a Class A, B, C or
D driver license or identification card as applied for, which
license or card shall bear thereon a distinguishing alphanumeric
identification assigned to the licensee or cardholder, date of
issuance and date of expiration of the license or card, the full
legal name, signature or computerized signature, date of birth,
residence address, unless specified as an exception in 6 C.F.R.,
Section 37.17, sex, a computerized color image of the licensee or
cardholder taken in accordance with Service Oklahoma rules and
security features as determined by Service Oklahoma. The image
shall depict a full front unobstructed view of the entire face of
the licensee or cardholder; provided, a commercial learner permit
shall not bear the image of the licensee. When any person is issued
both a driver license and an identification card, Service Oklahoma
shall ensure the information on both the license and the card are
the same, unless otherwise provided by law.
2. A driver license or identification card issued by Service
Oklahoma on or after March 1, 2004, shall bear thereon the county of
residence of the licensee or cardholder.
3. Service Oklahoma may cancel the distinguishing number, when
that distinguishing number is another person’s Social Security
Oklahoma Statutes - Title 47. Motor Vehicles
number, assign a new distinguishing alphanumeric identification, and
issue a new license or identification card without charge to the
licensee or cardholder.
4. Service Oklahoma may promulgate rules for inclusion of the
height and a brief description of the licensee or cardholder on the
face of the card or license identifying the licensee or cardholder
as deaf or hard-of-hearing.
5. It is unlawful for any person to apply, adhere, or otherwise
attach to a driver license or identification card any decal,
sticker, label, or other attachment. Any law enforcement officer is
authorized to remove and dispose of any unlawful decal, sticker,
label, or other attachment from the driver license of a person. The
law enforcement officer, the employing agency of the officer,
Service Oklahoma, and the State of Oklahoma shall be immune from any
liability for any loss suffered by the licensee, cardholder, or the
owner of the decal, sticker, label, or other attachment caused by
the removal and destruction of the decal, sticker, label, or other
attachment.
6. Service Oklahoma may develop by rule a procedure which
complies with the provisions of subsection G of Section 6-101 of
this title whereby a person may apply for a renewal or replacement
Oklahoma Class D license or Oklahoma identification card.
B. 1. Service Oklahoma may issue or authorize the issuance of
a temporary permit or license to an applicant for a driver license
permitting such applicant to operate a motor vehicle while Service
Oklahoma is completing its investigation and determination of all
facts relative to such applicant’s privilege to receive a license,
or while a permanent driver license is being produced and delivered
to the applicant. Such permit or license must be in the immediate
possession of the driver while operating a motor vehicle, and it
shall be invalid when the applicant’s permanent driver license has
been issued and delivered or for good cause has been refused.
2. Service Oklahoma may issue or authorize the issuance of a
temporary identification card to an applicant, permitting the holder
the privileges otherwise granted by identification cards, while a
permanent driver license is being provided and delivered to the
applicant. Such card shall be invalid when the applicant’s
permanent identification card has been issued and delivered, or for
good cause has been refused.
C. 1. Service Oklahoma may issue a restricted commercial
driver license to drivers eighteen (18) years of age or older for
any of the following specific farm-related service industries:
a.
farm retail outlets and suppliers,
b.
agri-chemical businesses,
c.
custom harvesters, and
d.
livestock feeders.
Oklahoma Statutes - Title 47. Motor Vehicles
The applicant shall have held a valid driver license for at
least one (1) year. Applicants with more than two (2) years of
driving experience shall have a good driving record for the most
recent two-year period and shall meet all the requirements for a
commercial driver license. The restricted commercial driver license
shall not exceed the maximum total days that federal law allows.
Applicants for the restricted commercial driver license shall be
exempt from the knowledge and skills test. Application of the
restricted commercial driver license does not have to be used in
consecutive days. The use of the permit shall be declared at
application.
2. A “good driving record” as used in this subsection shall
mean an applicant:
a.
has not had more than one license,
b.
has not had any license suspended, revoked, or
canceled,
c.
has not had any conviction for any type of
disqualifying offenses or serious traffic violations,
or
d.
has not had any conviction for a violation of state or
local law relating to motor vehicle traffic control,
other than a parking violation, arising in connection
with any traffic accident and has no record of an
accident in which he or she is at fault.
3. The restricted commercial driver license shall not be valid
for operators of commercial motor vehicles beyond one hundred fifty
(150) miles from the place of business or the farm currently being
served. Such license shall be limited to Class B or C vehicles.
Holders of such licenses who transport hazardous materials which are
required to be placarded shall be limited to the following:
a.
diesel fuel in quantities of one thousand (1,000)
gallons or less,
b.
liquid fertilizers in vehicles with total capacities
of three thousand (3,000) gallons or less, and
c.
solid fertilizers that are not mixed with any organic
substance.
No other placarded hazardous materials shall be transported by
holders of such licenses.
D. 1. Service Oklahoma may issue a non-domiciled commercial
learner permit or a non-domiciled commercial driver license.
2. A person applying for such permit or license must comply
with all testing and licensing requirements in accordance with
applicable federal regulations, state laws, and Service Oklahoma
rules. The expiration of the issued license shall be the same date
as the expiration of the visa for the non-domiciled worker. Service
Oklahoma may promulgate rules for the implementation of the process
to carry out the provisions of this section.
Oklahoma Statutes - Title 47. Motor Vehicles
3. A person holding a non-domiciled commercial driver license
or non-domiciled commercial learner’s permit within this state shall
also possess a valid work visa and provide proof of citizenship to
validate his or her identity while operating a commercial motor
vehicle. Proof of citizenship shall be demonstrated through
presentation of a birth certificate, naturalization certificate, or
valid passport.
4. A commercial motor carrier whose driver is found to be in
violation of this subsection shall be subject to a fine in the
amount of Three Thousand Dollars ($3,000.00) for each violation.
The proceeds of any penalties collected pursuant to this paragraph
shall be deposited in the Weigh Station Improvement Revolving Fund
created in Section 1167 of Title 47 of the Oklahoma Statutes.
5. A driver found to be in violation of this subsection shall
be prohibited from operating a commercial motor vehicle within this
state until such a time that the driver is able to meet the
identification provisions of this subsection. Any driver found to
be operating a motor vehicle within this state while under such
prohibition shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine not to exceed One Thousand Dollars
($1,000.00), or by imprisonment for not more than ninety (90) days,
or by both such fine and imprisonment. Any fine collected pursuant
to the provisions of this paragraph shall be deposited to the Trauma
Care Assistance Revolving Fund created in Section 1-2530.9 of Title
63 of the Oklahoma Statutes.
6. The commercial motor carrier shall be notified of the
location of any commercial motor vehicle involved in a violation,
and, upon payment of the fine in full and presentation of a driver
who meets all requirements to operate a commercial motor vehicle
within this state, shall take possession of the vehicle. If the
commercial motor carrier is unable to either pay such fine or
present such driver within twelve (12) hours after notification, the
owner of any cargo being transported by the commercial motor vehicle
shall be notified and allowed to arrange for the transfer of the
cargo to another vehicle. Neither the state nor the owner of such
cargo shall be liable for any reasonable action to transfer such
cargo.
7. As used in this subsection, a non-domiciled commercial
driver license or non-domiciled commercial learner permit shall have
the same meaning as that provided in 49 C.F.R., Section 383.5.
E. 1. Service Oklahoma shall develop a procedure whereby a
person applying for an original, renewal or replacement Class A, B,
C or D driver license or identification card who is required to
register as a convicted sex offender with the Department of
Corrections pursuant to the provisions of the Sex Offenders
Registration Act and who the Department of Corrections designates as
an aggravated or habitual offender pursuant to subsection J of
Oklahoma Statutes - Title 47. Motor Vehicles
Section 584 of Title 57 of the Oklahoma Statutes shall be issued a
license or card bearing the words “Sex Offender”.
2. Service Oklahoma shall notify every person subject to
registration under the provisions of Section 1-101 et seq. of this
title who holds a current Class A, B, C or D driver license or
identification card that such person is required to surrender the
license or card to Service Oklahoma within one hundred eighty (180)
days from the date of the notice.
3. Upon surrendering the license or card for the reason set
forth in this subsection, application may be made with Service
Oklahoma for a replacement license or card bearing the words “Sex
Offender”.
4. Failure to comply with the requirements set forth in such
notice shall result in cancellation of the person’s license or card.
Such cancellation shall be in effect for one (1) year, after which
time the person may make application with Service Oklahoma for a new
license or card bearing the words “Sex Offender”. Continued use of
a canceled license or card shall constitute a misdemeanor and shall,
upon conviction thereof, be punishable by a fine of not less than
Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars
($200.00). When an individual is no longer required to register as
a convicted sex offender with the Department of Corrections pursuant
to the provisions of the Sex Offenders Registration Act, the
individual shall be eligible to receive a driver license or
identification card which does not bear the words “Sex Offender”.
F. Nothing in subsection E of this section shall be deemed to
impose any liability upon or give rise to a cause of action against
any employee, agent or official of the Department of Corrections for
failing to designate a sex offender as an aggravated or habitual
offender pursuant to subsection J of Section 584 of Title 57 of the
Oklahoma Statutes.
G. A person subject to an order for the installation of an
ignition interlock device shall be required by Service Oklahoma to
submit his or her driver license for a replacement. The replacement
driver license shall bear the words “Interlock Required” and such
designation shall remain on the driver license for the duration of
the order requiring the ignition interlock device. The replacement
license shall be subject to the same expiration and renewal
procedures provided by law. Upon completion of the requirements for
the interlock device, a person may apply for a replacement driver
license.
H. Service Oklahoma shall develop a procedure whereby a person
applying for an original, renewal or replacement Class D driver
license who has been granted modified driving privileges under this
title shall be issued a Class D driver license which identifies the
license as a modified license.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1961, p. 345, § 6-111, eff. Sept. 1, 1961. Amended by
Laws 1975, c. 359, § 2, eff. Jan. 1, 1977; Laws 1985, c. 45, § 7,
eff. Jan. 1, 1986; Laws 1990, c. 219, § 18, eff. Jan. 1, 1991; Laws
1992, c. 217, § 7, eff. July 1, 1992; Laws 1992, c. 373, § 7, eff.
July 1, 1992; Laws 1993, c. 97, § 3, eff. Sept. 1, 1993; Laws 1997,
c. 193, § 3, eff. Nov. 1, 1997; Laws 1998, c. 246, § 20, eff. Nov.
1, 1998; Laws 2000, c. 153, § 1, eff. Nov. 1, 2000; Laws 2000, c.
342, § 5, eff. July 1, 2000; Laws 2001, c. 27, § 1, eff. Nov. 1,
2001; Laws 2003, c. 392, § 7, eff. July 1, 2003; Laws 2004, c. 149,
§ 4, eff. Nov. 1, 2004; Laws 2005, c. 1, § 48, emerg. eff. March 15,
2005; Laws 2005, c. 36, § 2, eff. Jan. 1, 2007; Laws 2006, c. 311, §
16, emerg. eff. June 8, 2006; Laws 2007, c. 328, § 2, eff. Nov. 1,
2007; Laws 2008, c. 3, § 24, emerg. eff. Feb. 28, 2008; Laws 2009,
c. 388, § 2, eff. Nov. 1, 2009; Laws 2011, c. 373, § 2, eff. Nov. 1,
2011; Laws 2013, c. 259, § 5, eff. Nov. 1, 2013; Laws 2015, c. 266,
§ 4, eff. Nov. 1, 2015; Laws 2016, c. 214, § 1, eff. Nov. 1, 2016;
Laws 2017, c. 1, § 5, emerg. eff. March 2, 2017; Laws 2022, c. 282,
§ 53, emerg. eff. May 19, 2022; Laws 2023, c. 310, § 16, eff. July
1, 2023; Laws 2024, c. 452, § 46, emerg. eff. June 14, 2024; Laws
2025, c. 310, § 2, emerg. eff. May 27, 2025.
NOTE: Laws 1992, c. 177, § 2 repealed by Laws 1992, c. 373, § 22,
eff. July 1, 1992. Laws 2003, c. 234, § 3 repealed by Laws 2004, c.
5, § 39, emerg. eff. March 1, 2004. Laws 2004, c. 5, § 38 repealed
by Laws 2005, c. 1, § 49, emerg. eff. March 15, 2005. Laws 2007, c.
326, § 7 repealed by Laws 2008, c. 3, § 25, emerg. eff. Feb. 28,
2008. Laws 2008, c. 1, § 1 repealed by Laws 2009, c. 2, § 10,
emerg. eff. March 12, 2009.
§47-6-111v2. Issuance of license or identification card - Temporary
permit - Restricted commercial driver license - "Sex Offender"
license or card – Original, renewal or replacement of modified
driving privileges.
A. 1. Service Oklahoma shall, upon payment of the required
fee, issue to every applicant qualifying therefor a Class A, B, C or
D driver license or identification card as applied for, which
license or card shall bear thereon a distinguishing alphanumeric
identification assigned to the licensee or cardholder, date of
issuance and date of expiration of the license or card, the full
legal name, signature or computerized signature, date of birth,
residence address, unless specified as an exception in the Code of
Federal Regulations per 6 C.F.R., Section 37.17, sex, a computerized
image of the licensee or cardholder taken in accordance with Service
Oklahoma rules and security features as determined by Service
Oklahoma. The image shall depict a full front unobstructed view of
the entire face of the licensee or cardholder; provided, a
commercial learner permit shall not bear the image of the licensee.
Oklahoma Statutes - Title 47. Motor Vehicles
2. A driver license or identification card issued by Service
Oklahoma on or after March 1, 2004, shall bear thereon the county of
residence of the licensee or cardholder.
3. Service Oklahoma may cancel the distinguishing number, when
that distinguishing number is another person's Social Security
number, assign a new distinguishing alphanumeric identification, and
issue a new license or identification card without charge to the
licensee or cardholder.
4. Service Oklahoma may promulgate rules for inclusion of the
height and a brief description of the licensee or cardholder on the
face of the card or license identifying the licensee or cardholder
as deaf or hard-of-hearing.
5. It is unlawful for any person to apply, adhere, or otherwise
attach to a driver license or identification card any decal,
sticker, label, or other attachment. Any law enforcement officer is
authorized to remove and dispose of any unlawful decal, sticker,
label, or other attachment from the driver license of a person. The
law enforcement officer, the employing agency of the officer,
Service Oklahoma, and the State of Oklahoma shall be immune from any
liability for any loss suffered by the licensee, cardholder, or the
owner of the decal, sticker, label, or other attachment caused by
the removal and destruction of the decal, sticker, label, or other
attachment. Nothing in this section shall prohibit Service Oklahoma
from adopting, applying, adhering, or otherwise attaching decals,
stickers, labels, or other attachments to a driver license or
identification card.
6. Service Oklahoma may develop by rule a procedure which
complies with the provisions of subsection G of Section 6-101 of
this title whereby a person may apply for a renewal or replacement
Oklahoma Class D license or Oklahoma identification card.
B. 1. Service Oklahoma may issue or authorize the issuance of
a temporary permit or license to an applicant for a driver license
permitting such applicant to operate a motor vehicle while Service
Oklahoma is completing its investigation and determination of all
facts relative to such applicant's privilege to receive a license,
or while a permanent driver license is being produced and delivered
to the applicant. Such permit or license must be in the immediate
possession of the driver while operating a motor vehicle, and it
shall be invalid when the applicant's permanent driver license has
been issued and delivered or for good cause has been refused.
2. Service Oklahoma may issue or authorize the issuance of a
temporary identification card to an applicant, permitting the holder
the privileges otherwise granted by identification cards, while a
permanent driver license is being provided and delivered to the
applicant. Such card shall be invalid when the applicant's
permanent identification card has been issued and delivered, or for
good cause has been refused.
Oklahoma Statutes - Title 47. Motor Vehicles
C. 1. Service Oklahoma may issue a restricted commercial
driver license to drivers eighteen (18) years of age or older for
any of the following specific farm-related service industries:
a.
farm retail outlets and suppliers,
b.
agri-chemical businesses,
c.
custom harvesters, and
d.
livestock feeders.
The applicant shall have held a valid driver license for at
least one (1) year. Applicants with more than two (2) years of
driving experience shall have a good driving record for the most
recent two-year period and shall meet all the requirements for a
commercial driver license. The restricted commercial driver license
shall not exceed the maximum total days that federal law allows.
Applicants for the restricted commercial driver license shall be
exempt from the knowledge and skills test. Application of the
restricted commercial driver license does not have to be used in
consecutive days. The use of the permit shall be declared at
application.
2. A "good driving record" as used in this subsection shall
mean an applicant:
a.
has not had more than one license,
b.
has not had any license suspended, revoked, or
canceled,
c.
has not had any conviction for any type of
disqualifying offenses or serious traffic violations,
or
d.
has not had any conviction for a violation of state or
local law relating to motor vehicle traffic control,
other than a parking violation, arising in connection
with any traffic accident and has no record of an
accident in which they are at fault.
3. The restricted commercial driver license shall not be valid
for operators of commercial motor vehicles beyond one hundred fifty
(150) miles from the place of business or the farm currently being
served. Such license shall be limited to Class B or C vehicles.
Holders of such licenses who transport hazardous materials which are
required to be placarded shall be limited to the following:
a.
diesel fuel in quantities of one thousand (1,000)
gallons or less,
b.
liquid fertilizers in vehicles with total capacities
of three thousand (3,000) gallons or less, and
c.
solid fertilizers that are not mixed with any organic
substance.
No other placarded hazardous materials shall be transported by
holders of such licenses.
D. Service Oklahoma may issue a non-domiciled commercial
learner permit or a non-domiciled commercial driver license.
Oklahoma Statutes - Title 47. Motor Vehicles
A person applying for such permit or license must comply with
all testing and licensing requirements in accordance with applicable
federal regulations, state laws and Service Oklahoma rules. The
issued license shall be valid until the expiration of the visa for
the non-domiciled worker. Service Oklahoma may promulgate rules for
the implementation of the process to carry out the provisions of
this section.
E. 1. Service Oklahoma shall develop a procedure whereby a
person applying for an original, renewal or replacement Class A, B,
C or D driver license or identification card who is required to
register as a convicted sex offender with the Department of
Corrections pursuant to the provisions of the Sex Offenders
Registration Act and who the Department of Corrections designates as
an aggravated or habitual offender pursuant to subsection J of
Section 584 of Title 57 of the Oklahoma Statutes shall be issued a
license or card bearing the words "Sex Offender".
2. Service Oklahoma shall notify every person subject to
registration under the provisions of Section 1-101 et seq. of this
title who holds a current Class A, B, C or D driver license or
identification card that such person is required to surrender the
license or card to Service Oklahoma within one hundred eighty (180)
days from the date of the notice.
3. Upon surrendering the license or card for the reason set
forth in this subsection, application may be made with Service
Oklahoma for a replacement license or card bearing the words "Sex
Offender".
4. Failure to comply with the requirements set forth in such
notice shall result in cancellation of the person's license or card.
Such cancellation shall be in effect for one (1) year, after which
time the person may make application with Service Oklahoma for a new
license or card bearing the words "Sex Offender". Continued use of
a canceled license or card shall constitute a misdemeanor and shall,
upon conviction thereof, be punishable by a fine of not less than
Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars
($200.00). When an individual is no longer required to register as
a convicted sex offender with the Department of Corrections pursuant
to the provisions of the Sex Offenders Registration Act, the
individual shall be eligible to receive a driver license or
identification card which does not bear the words "Sex Offender".
F. Nothing in subsection E of this section shall be deemed to
impose any liability upon or give rise to a cause of action against
any employee, agent or official of the Department of Corrections for
failing to designate a sex offender as an aggravated or habitual
offender pursuant to subsection J of Section 584 of Title 57 of the
Oklahoma Statutes.
G. A person subject to an order for the installation of an
ignition interlock device shall be required by Service Oklahoma to
Oklahoma Statutes - Title 47. Motor Vehicles
submit his or her driver license for a replacement. The replacement
driver license shall bear the words "Interlock Required" and such
designation shall remain on the driver license for the duration of
the order requiring the ignition interlock device. The replacement
license shall be subject to the same expiration and renewal
procedures provided by law. Upon completion of the requirements for
the interlock device, a person may apply for a replacement driver
license.
H. Service Oklahoma shall develop a procedure whereby a person
applying for an original, renewal or replacement Class D driver
license who has been granted modified driving privileges under this
title shall be issued a Class D driver license which identifies the
license as a modified license.
Added by Laws 1961, p. 345, § 6-111, eff. Sept. 1, 1961. Amended by
Laws 1975, c. 359, § 2, eff. Jan. 1, 1977; Laws 1985, c. 45, § 7,
eff. Jan. 1, 1986; Laws 1990, c. 219, § 18, eff. Jan. 1, 1991; Laws
1992, c. 217, § 7, eff. July 1, 1992; Laws 1992, c. 373, § 7, eff.
July 1, 1992; Laws 1993, c. 97, § 3, eff. Sept. 1, 1993; Laws 1997,
c. 193, § 3, eff. Nov. 1, 1997; Laws 1998, c. 246, § 20, eff. Nov.
1, 1998; Laws 2000, c. 153, § 1, eff. Nov. 1, 2000; Laws 2000, c.
342, § 5, eff. July 1, 2000; Laws 2001, c. 27, § 1, eff. Nov. 1,
2001; Laws 2003, c. 392, § 7, eff. July 1, 2003; Laws 2004, c. 149,
§ 4, eff. Nov. 1, 2004; Laws 2005, c. 1, § 48, emerg. eff. March 15,
2005; Laws 2005, c. 36, § 2, eff. Jan. 1, 2007; Laws 2006, c. 311, §
16, emerg. eff. June 8, 2006; Laws 2007, c. 328, § 2, eff. Nov. 1,
2007; Laws 2008, c. 3, § 24, emerg. eff. Feb. 28, 2008; Laws 2009,
c. 388, § 2, eff. Nov. 1, 2009; Laws 2011, c. 373, § 2, eff. Nov. 1,
2011; Laws 2013, c. 259, § 5, eff. Nov. 1, 2013; Laws 2015, c. 266,
§ 4, eff. Nov. 1, 2015; Laws 2016, c. 214, § 1, eff. Nov. 1, 2016;
Laws 2017, c. 1, § 5, emerg. eff. March 2, 2017; Laws 2022, c. 282,
§ 53, emerg. eff. May 19, 2022; Laws 2023, c. 310, § 16, eff. July
1, 2023; Laws 2024, c. 452, § 46, emerg. eff. June 14, 2024; Laws
2025, c. 330, § 5, eff. July 1, 2025.
NOTE: Laws 1992, c. 177, § 2 repealed by Laws 1992, c. 373, § 22,
eff. July 1, 1992. Laws 2003, c. 234, § 3 repealed by Laws 2004, c.
5, § 39, emerg. eff. March 1, 2004. Laws 2004, c. 5, § 38 repealed
by Laws 2005, c. 1, § 49, emerg. eff. March 15, 2005. Laws 2007, c.
326, § 7 repealed by Laws 2008, c. 3, § 25, emerg. eff. Feb. 28,
2008. Laws 2008, c. 1, § 1 repealed by Laws 2009, c. 2, § 10,
emerg. eff. March 12, 2009.
§47-6-112. License to be carried and exhibited on demand.
A. Every licensee shall have his or her driver license in his
or her immediate possession at all times when operating a motor
vehicle. Upon demand of a peace officer, the licensee shall produce
and provide physical possession of the driver license to the peace
officer. Any person violating this subsection shall, upon
Oklahoma Statutes - Title 47. Motor Vehicles
conviction, be guilty of a misdemeanor and shall be punished as
provided for in Section 17-101 of this title.
B. Any person charged with violating this section who produces
in court, on or before the court date, a driver license issued to
him or her and valid at the time of his or her arrest shall be
entitled to dismissal of such charge without payment of court costs
and fine.
Added by Laws 1961, p. 345, § 6-112, eff. Sept. 1, 1961. Amended by
Laws 1990, c. 219, § 19, eff. Jan. 1, 1991; Laws 2007, c. 326, § 8,
eff. Nov. 1, 2007; Laws 2017, c. 125, § 1, eff. Nov. 1, 2017.
§47-6-113. Restricted licenses.
A. Service Oklahoma upon issuing a driver license shall have
the authority whenever good cause appears to impose restrictions
suitable to the licensee’s driving ability with respect to the type
of or special mechanical control devices required on a motor vehicle
which the licensee may operate or such other restrictions applicable
to the licensee as Service Oklahoma, in conjunction with the
Department of Public Safety, may determine to be appropriate to
assure the safe operation of a motor vehicle by the licensee.
B. Service Oklahoma may either issue a special restricted
license or may set forth such restrictions upon the usual license
form.
C. Service Oklahoma may upon receiving satisfactory evidence of
any violation of the restrictions of such license suspend or revoke
the same but the licensee shall be entitled to a hearing as upon a
suspension or revocation under this chapter.
D. It is a misdemeanor for any person to operate a motor
vehicle in any manner in violation of the restrictions imposed in a
restricted license issued to him.
Added by Laws 1961, p. 345, § 6-113, eff. Sept. 1, 1961. Amended by
Laws 1990, c. 219, § 20, eff. Jan. 1, 1991; Laws 2023, c. 310, § 17,
eff. July 1, 2023.
§47-6-114. Replacement license – Proof of identity - Removal of
endorsements or restrictions.
A. 1. In the event that a driver license is lost, destroyed,
or requires the updating of any information, restriction or
endorsement displayed thereon, the person to whom such license was
issued may obtain a replacement thereof pursuant to the provisions
of subsection G of Section 6-101 of this title, and upon payment of
the required fee. If the person is an alien, the person shall
appear before Service Oklahoma or a licensed operator and, after
furnishing proof of identity as required in this section, shall be
issued a replacement driver license for a period which does not
exceed the lesser of:
a.
the expiration date of the license being replaced, or
Oklahoma Statutes - Title 47. Motor Vehicles
b.
the expiration date on the valid documentation
authorizing the presence of the person in the United
States, as required by paragraph 9 of subsection A of
Section 6-103 of this title.
2. The cost of a replacement license shall be Twenty-five
Dollars ($25.00), which shall be apportioned and credited by Service
Oklahoma as follows:
a.
Two Dollars ($2.00) shall be apportioned as provided
in Section 1104 of this title,
b.
Three Dollars ($3.00) shall be credited to the General
Revenue Fund of the State Treasury,
c.
Five Dollars ($5.00) shall be credited to the
Department of Public Safety Computer Imaging System
Revolving Fund to be used solely for the purpose of
administering and maintaining the computer imaging
system of the Department through October 31, 2022.
Beginning November 1, 2022, Five Dollars ($5.00) shall
be credited to the Service Oklahoma Computer Imaging
System Revolving Fund to be used solely for the
purpose of administering and maintaining the computer
imaging system of Service Oklahoma,
d.
Ten Dollars ($10.00) shall be credited to the
Revolving Fund of the Department of Public Safety
through October 31, 2022. Beginning November 1, 2022,
the Ten Dollars ($10.00) shall be credited to the
Service Oklahoma Revolving Fund,
e.
Three Dollars ($3.00) shall be credited to the State
Public Safety Fund created in Section 2-147 of this
title, and
f.
(1) Two Dollars ($2.00) of the fee authorized by this
paragraph related to the replacement of a driver
license by a licensed operator that does not
process approved applications or renewals for
REAL ID Compliant Driver Licenses or
Identification Cards shall be credited, in
addition to the amount authorized by subparagraph
e of this paragraph, to the State Public Safety
Fund created in Section 2-147 of this title, or
(2) Two Dollars ($2.00) of the fee authorized by this
paragraph related to the replacement of a driver
license by a licensed operator that does process
approved applications or renewals for REAL ID
Compliant Driver Licenses or Identification Cards
shall be retained by the licensed operator
through June 30, 2023. Beginning July 1, 2023,
these monies shall be retained by the licensed
Oklahoma Statutes - Title 47. Motor Vehicles
operator pursuant to subsection E of Section
1141.1 of this title.
3. Service Oklahoma shall promulgate rules prescribing forms of
primary and secondary identification acceptable for replacement of
an Oklahoma driver license; provided, however, a valid and unexpired
U.S. passport shall be acceptable as both primary and secondary
identification.
B. Any person desiring to add or remove an endorsement or
endorsements or a restriction or restrictions to any existing driver
license, when authorized by Service Oklahoma, shall obtain a
replacement license with the endorsement or endorsements or the
restriction or restrictions change thereon and shall be charged the
fee for a replacement license as provided in subsection A of this
section.
Added by Laws 1961, p. 345, § 6-114, eff. Sept. 1, 1961. Amended by
Laws 1975, c. 359, § 4, eff. Jan. 1, 1977; Laws 1976, c. 257, § 1,
eff. Jan. 1, 1977; Laws 1983, c. 286, § 19, operative July 1, 1983;
Laws 1985, c. 179, § 61, operative July 1, 1985; Laws 1987, c. 205,
§ 69, operative July 1, 1987; Laws 1990, c. 219, § 21, eff. Jan. 1,
1991; Laws 1993, c. 97, § 4, eff. Sept. 1, 1993; Laws 2000, c. 277,
§ 6, eff. Nov. 1, 2000; Laws 2001, c. 361, § 6, eff. July 1, 2001;
Laws 2003, c. 392, § 8, eff. July 1, 2003; Laws 2004, c. 390, § 6,
eff. July 1, 2004; Laws 2013, c. 259, § 6, eff. Nov. 1, 2013; Laws
2016, c. 170, § 2, eff. Nov. 1, 2016; Laws 2017, c. 1, § 6, emerg.
eff. March 2, 2017; Laws 2022, c. 282, § 54, emerg. eff. May 19,
2022; Laws 2023, 1st Ex. Sess., c. 47, § 7, eff. July 1, 2023; Laws
2024, c. 11, § 7, emerg. eff. April 18, 2024; Laws 2025, c. 171, §
4, eff. July 1, 2026.
§47-6-115. Expiration and renewal of driver licenses.
A. Except as otherwise provided in this section, every driver
license shall be issued for a period of either four (4) years or
eight (8) years; provided, if the applicant or licensee is an alien,
the license shall be issued for a period which does not exceed the
lesser of:
1. Four (4) years or eight (8) years; or
2. The expiration date on the valid documentation authorizing
the presence of the applicant or licensee in the United States, as
required by paragraph 9 of subsection A of Section 6-103 of this
title.
B. Except as otherwise provided in this section, the expiration
date of an initial license shall be no more than either four (4)
years or eight (8) years from the last day of the month of issuance
or no more than either four (4) years or eight (8) years from the
last day of the birth month of the applicant immediately preceding
the date of issuance, if requested by the applicant.
Oklahoma Statutes - Title 47. Motor Vehicles
C. Except as otherwise provided in this section, the expiration
date of a renewal license shall be:
1. For a renewal during the month of expiration, either four
(4) years or eight (8) years from the last day of the month of
expiration of the expiring license or either four (4) or eight (8)
years from the last day of the birth month of the licensee
immediately preceding the expiration date of the expiring license,
if requested by the licensee; or
2. For a renewal prior to the month of expiration, as provided
by rule of Service Oklahoma, either four (4) or eight (8) years from
the last day of the month of expiration of the current license;
provided, no license shall be issued with an expiration date of more
than five (5) years from the date of renewal on a four (4) year
license or nine (9) years from the date of renewal on an eight (8)
year license.
D. Notwithstanding the provisions of subsection E of Section
1550.42 of Title 21 of the Oklahoma Statutes, any Oklahoma driver
license that is not more than three (3) years past the date of
expiration provided on the driver license shall be presumed to be a
valid form of identification for the purposes of renewing an
Oklahoma driver license.
E. Except as otherwise provided in this section, every driver
license shall be renewable by the licensee upon application to
either Service Oklahoma or a licensed operator, furnishing the
current mailing address of the person and payment of the required
fee, if the person is otherwise eligible for renewal. If the
licensee is an alien, the licensee shall appear before a driver
license examiner of Service Oklahoma and shall be issued a renewal
driver license for a period which does not exceed the lesser of:
1. Four (4) years or eight (8) years; or
2. The expiration date on the valid documentation authorizing
the presence of the applicant or licensee in the United States, as
required by paragraph 9 of subsection A of Section 6-103 of this
title.
F. All applicants for renewals of driver licenses who have
proven collision records or apparent physical defects may be
required to take an examination as specified by Service Oklahoma.
G. When a person makes application for a driver license, or
makes application to renew a driver license, and the person has been
convicted of, or received a deferred judgment for, any offense
required to register pursuant to the Sex Offenders Registration Act,
the driver license shall be valid for a period of one (1) year from
the month of issuance, but may be renewed yearly during the time the
person is registered on the Sex Offender Registry. Notwithstanding
any other provision of law, the cost for such license shall be the
same as for other driver licenses and renewals.
Oklahoma Statutes - Title 47. Motor Vehicles
H. Service Oklahoma shall promulgate rules prescribing forms of
identification acceptable for the renewal of an Oklahoma driver
license.
Added by Laws 1961, p. 345, § 6-115, eff. Sept. 1, 1961. Amended by
Laws 1985, c. 45, § 8, eff. Jan. 1, 1986; Laws 1985, c. 338, § 4,
eff. Jan. 1, 1986; Laws 1986, c. 73, § 1, emerg. eff. April 2, 1986;
Laws 1989, c. 82, § 4, eff. Nov. 1, 1989; Laws 1990, c. 219, § 22,
eff. Jan. 1, 1991; Laws 1991, c. 342, § 2, emerg. eff. June 15,
1991; Laws 2000, c. 342, § 6, eff. July 1, 2000; Laws 2001, c. 27, §
2, eff. Nov. 1, 2001; Laws 2001, c. 414, § 4, eff. Nov. 1, 2001;
Laws 2003, c. 392, § 9, eff. July 1, 2003; Laws 2004, c. 5, § 40,
emerg. eff. March 1, 2004; Laws 2006, c. 294, § 3, eff. July 1,
2006; Laws 2009, c. 37, § 1, eff. Nov. 1, 2009; Laws 2009, c. 81, §
2, eff. Nov. 1, 2009; Laws 2013, c. 75, § 1, eff. Nov. 1, 2013; Laws
2016, c. 170, § 3, eff. Nov. 1, 2016; Laws 2021, c. 522, § 4, emerg.
eff. May 24, 2021; Laws 2022, c. 282, § 55, emerg. eff. May 19,
2022; Laws 2025, c. 330, § 6, eff. July 1, 2025.
NOTE: Laws 2000, c. 277, § 7 repealed by Laws 2001, c. 5, § 24,
emerg. eff. March 21, 2001. Laws 2001, c. 5, § 23 repealed by Laws
2001, c. 414, § 16, eff. Nov. 1, 2001. Laws 2003, c. 108, § 1
repealed by Laws 2004, c. 5, § 41, emerg. eff. March 1, 2004.
NOTE: Original eff. date of Nov. 1, 2009, for Laws 2009, c. 37, § 1
was repealed by Laws 2009, c. 310, § 5 and replaced with emerg. eff.
date by Laws 2009, c. 310, § 8.
§47-6-115.1.
Repealed by Laws 1989, c. 82, § 5, eff. Nov. 1, 1989.
§47-6-115.2.
Repealed by Laws 1989, c. 82, § 5, eff. Nov. 1, 1989.
§47-6-116. Notice of change of address or name.
A. Whenever any person, after applying for or receiving a
driver license or identification card, shall:
1. Change the residence address displayed on the license or
card issued to the person;
2. Move from the person's previous county; or
3. Change the name of a licensee by marriage or otherwise,
such person shall apply for a replacement of the driver license or
identification card with Service Oklahoma in accordance with the
provisions of Section 6-114 of this title within ten (10) days of
the change.
B. Service Oklahoma shall not:
1. Change a county of residence unless the person specifically
notifies Service Oklahoma of such change; and
2. Presume that a new mailing address which is a different
county than the old mailing address means that the person has
changed his or her county of residence, and shall not change the
county of residence unless specifically notified of such change.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1961, p. 345, § 6-116, eff. Sept. 1, 1961. Amended by
Laws 1990, c. 219, § 23, eff. Jan. 1, 1991; Laws 2003, c. 234, § 4,
eff. Nov. 1, 2003; Laws 2007, c. 326, § 9, eff. Nov. 1, 2007; Laws
2008, c. 1, § 2; Laws 2022, c. 282, § 56, emerg. eff. May 19, 2022;
Laws 2023, c. 310, § 18, eff. July 1, 2023; Laws 2025, c. 330, § 7,
eff. July 1, 2025.
§47-6-117. Records to be kept by Department.
A. Service Oklahoma shall file every application for a driver
license or identification card received by Service Oklahoma and
shall maintain suitable indexes containing:
1. All applications denied and on each thereof note the reasons
for the denial;
2. All applications granted;
3. The name of every person whose driving privilege has been
suspended, revoked, canceled, or disqualified by Service Oklahoma
and after each such name note the reasons for the action. Any
notation of suspension of the driving privilege of a person for
reason of nonpayment of a fine shall be removed from the driving
record after the person has paid the fine and the driving privilege
of the person is reinstated as provided for by law;
4. The county of residence, the name, date of birth, and
mailing address of each person residing in that county who is
eighteen (18) years of age or older, and who is the holder of a
current driver license or a current identification card issued by
Service Oklahoma for the purpose of ascertaining names of all
persons qualified for jury service as required by Section 18 of
Title 38 of the Oklahoma Statutes; and
5. The name, driver license number, and mailing address of
every person for the purpose of giving notice, if necessary, as
required by Section 2-116 of this title.
B. Service Oklahoma shall file all collision reports and
abstracts of court records of convictions received by it pursuant to
the laws of this state and maintain convenient records of the
records and reports or make suitable notations in order that an
individual record of a person showing the convictions of the person
and the traffic collisions in which the person has been involved
shall be readily ascertainable and available for the consideration
of Service Oklahoma upon any application for a driver license or
renewal of a driver license and at other suitable times. Any
abstract, index or other entry relating to a driving record
according to the licensing authority in another state or a province
of Canada may be posted upon the driving record of any resident of
this state when notice thereof is received by documentation or by
electronic transmission. The individual record of a person shall
not include any collision reports and abstracts of court records
Oklahoma Statutes - Title 47. Motor Vehicles
involving a collision in which the person was not issued a citation
or if a citation is issued and the person was not convicted.
C. 1. Service Oklahoma may designate and is hereby authorized
to prepare under the seal of Service Oklahoma and deliver upon
request a copy of any collision report on file with the Department
of Public Safety, charging a fee of:
a.
beginning on July 1, 2011, through June 30, 2013,
Fifteen Dollars ($15.00), of which Eight Dollars
($8.00) shall be deposited by the Commissioner of
Public Safety to the credit of the Department of
Public Safety Revolving Fund and, in addition to other
purposes authorized by law, the expenditures from that
fund of monies derived from the Eight Dollars ($8.00)
pursuant to this subparagraph shall be used to fund
any Oklahoma Highway Patrol academy provided by the
Department of Public Safety. Any remaining funds
shall be deposited in an account to be utilized
exclusively for future expenses directly related to
the operation of an Oklahoma Highway Patrol academy,
and
b.
beginning on July 1, 2013, and any year thereafter,
Seven Dollars ($7.00).
However, Service Oklahoma shall not be required to furnish
personal information from the collision report which is contrary to
the provisions of the Driver’s Privacy Protection Act, 18 U.S.C.,
Sections 2721 through 2725.
2. Notwithstanding the provisions of paragraph 1 of this
subsection, Service Oklahoma is authorized to enter into contracts
to supply information regarding vehicles reported to be involved in
collisions. For each vehicle, the information shall be limited to
that which only describes the vehicle and the collision. Service
Oklahoma shall not be required to provide any information regarding
the owner or operator of the vehicle or any information which would
conflict with Section 2-110 or Section 1109 of this title.
D. Service Oklahoma or any licensed operator upon request shall
prepare and furnish to any authorized person a Motor Vehicle Report
of any person subject to the provisions of the motor vehicle laws of
this state. However, Service Oklahoma shall not be required to
furnish personal information from a driving record contrary to the
provisions of the Driver’s Privacy Protection Act of 1994, 18
U.S.C., Sections 2721 through 2725. The Motor Vehicle Report shall
be a summary of the driving record of the person and shall include
the enumeration of any motor vehicle collisions, reference to
convictions for violations of motor vehicle laws, and any action
taken against the privilege of the person to operate a motor
vehicle, as shown by the files of Service Oklahoma for the three (3)
years preceding the date of the request. The Motor Vehicle Report,
Oklahoma Statutes - Title 47. Motor Vehicles
to include any record or information associated with the Motor
Vehicle Report, shall not be deemed a public civil record as
provided in Section 18 of Title 22 of the Oklahoma Statutes, and
shall not be subject to expungement. Service Oklahoma shall not be
required to release to any person, in whole or in part and in any
format, a driving index, as described in subsection A of this
section, except as otherwise provided for by law. For each Motor
Vehicle Report furnished by Service Oklahoma, Service Oklahoma shall
collect the sum of Twenty-five Dollars ($25.00), Twenty Dollars
($20.00) of which shall be deposited in the General Revenue Fund and
Five Dollars ($5.00) shall be deposited in the Department of Public
Safety Revolving Fund through October 31, 2022. Beginning November
1, 2022, the Five Dollars ($5.00) shall be deposited in the Service
Oklahoma Revolving Fund. For each Motor Vehicle Report furnished by
a licensed operator, the licensed operator shall collect the sum of
Twenty-five Dollars ($25.00), Eighteen Dollars ($18.00) of which
shall be paid to the Oklahoma Tax Commission for deposit in the
General Revenue Fund of the State Treasury, Five Dollars ($5.00)
shall be deposited in the Department of Public Safety Revolving Fund
and Two Dollars ($2.00) of which shall be retained by the licensed
operator through October 31, 2022. Beginning November 1, 2022, for
each Motor Vehicle Report furnished by a licensed operator, the
licensed operator shall collect the sum of Twenty-five Dollars
($25.00), Eighteen Dollars ($18.00) of which shall be paid to
Service Oklahoma for deposit in the General Revenue Fund of the
State Treasury, Five Dollars ($5.00) shall be deposited in the
Service Oklahoma Revolving Fund, and Two Dollars ($2.00) shall be
retained by the licensed operator through June 30, 2025. Beginning
July 1, 2025, Eighteen Dollars ($18.00) of the fee shall be paid to
Service Oklahoma for deposit in the General Revenue Fund of the
State Treasury, Five Dollars ($5.00) shall be deposited in the
Service Oklahoma Revolving Fund, and Two Dollars ($2.00) shall be
retained by the licensed operator pursuant to subsection E of
Section 1141.1 of this title. Persons sixty-five (65) years of age
or older shall not be required to pay a fee for their own Motor
Vehicle Report furnished by Service Oklahoma or a licensed operator.
For purposes of this subsection, a Motor Vehicle Report shall
include a report which indicates that no driving record is on file
with Service Oklahoma for the information received by Service
Oklahoma in the request for the Motor Vehicle Report.
E. Service Oklahoma may develop procedures whereby an acting
agent of an employer or an employer of a person:
1. Who has a Class A, B, C or D driver license; and
2. Who operates a commercial, company-owned or personal motor
vehicle during the course of business in the course of his or her
employment with the employer, may automatically be notified,
pursuant to a fee schedule established by Service Oklahoma, should
Oklahoma Statutes - Title 47. Motor Vehicles
the driving record of a person reflect a traffic conviction in any
court or an administrative action by Service Oklahoma which alters
the status of the commercial driving privileges of the person, or
any other change to the driving status. The notification system
shall include electronic delivery of a Motor Vehicle Report at least
annually for any employee who is a commercial driver licensee or who
operates a commercial motor vehicle, as required by 49 C.F.R.,
Section 391.25, or who operates a company-owned or personal motor
vehicle during the course of business. All monies received by the
Commissioner of Public Safety and the officers and employees of the
Department pursuant to this subsection shall be deposited in the
Department of Public Safety Restricted Revolving Fund through
October 31, 2022. Beginning November 1, 2022, all monies received
by the Director of Service Oklahoma and the officers and employees
of Service Oklahoma pursuant to this subsection shall be deposited
in the Service Oklahoma Revolving Fund. For each Motor Vehicle
Report furnished by Service Oklahoma, through the electronic
notification system, Service Oklahoma shall collect the sum of
Twenty-five Dollars ($25.00), Eighteen Dollars ($18.00) of which
shall be deposited in the General Revenue Fund of the State
Treasury. Five Dollars ($5.00) shall be deposited in the Department
of Public Safety Revolving Fund through October 31, 2022. Beginning
November 1, 2022, for each Motor Vehicle Report furnished by Service
Oklahoma, through the electronic notification system, Service
Oklahoma shall collect the sum of Twenty-five Dollars ($25.00),
Eighteen Dollars ($18.00) of which shall be deposited in the General
Revenue Fund of the State Treasury, and Five Dollars ($5.00) shall
be deposited in the Service Oklahoma Revolving Fund. Two Dollars
($2.00) shall be retained by Service Oklahoma or its authorized
agent for the purpose of development and maintenance of the
electronic notification system.
F. Service Oklahoma is authorized to establish a procedure for
reviewing the driving records of state residents who are existing
policyholders of any insurance company licensed to operate in this
state during specified periods of time and producing a report which
identifies the policyholders which have had violation and/or status
changes to their driving records during such time period. Service
Oklahoma may sell such report to the insurance company or its agent
at a fee to be set by Service Oklahoma. Any such report sold by
Service Oklahoma shall only consist of information otherwise
lawfully obtainable by the insurance company or its agent. The fee
shall be sufficient to recover all costs incurred by Service
Oklahoma and ensure that there will be no net revenue loss to the
state. Such fee shall be deposited in the Department of Public
Safety Revolving Fund through October 31, 2022. Beginning November
1, 2022, such fee shall be deposited in the Service Oklahoma
Revolving Fund.
Oklahoma Statutes - Title 47. Motor Vehicles
G. All monies received by the Commissioner of Public Safety or
Service Oklahoma and the officers and employees of the Department
shall be remitted to the State Treasurer to be credited to the
General Revenue Fund of the State Treasury except as otherwise
provided for by law.
Added by Laws 1961, p. 346, § 6-117, eff. Sept. 1, 1961. Amended by
Laws 1971, c. 101, § 1, emerg. eff. April 24, 1971; Laws 1975, c.
231, § 8, emerg. eff. May 30, 1975; Laws 1983, c. 286, § 20,
operative July 1, 1983; Laws 1986, c. 279, § 13, operative July 1,
1986; Laws 1987, c. 5, § 151, emerg. eff. March 11, 1987; Laws 1988,
c. 27, § 3, eff. Nov. 1, 1988; Laws 1988, c. 290, § 14, operative
July 1, 1988; Laws 1989, c. 349, § 4, emerg. eff. June 3, 1989; Laws
1991, c. 342, § 3, eff. July 1, 1992; Laws 1992, c. 61, § 1, eff.
Sept. 1, 1992; Laws 1993, c. 243, § 53, eff. Sept. 1, 1993; Laws
1994, c. 218, § 7, eff. July 1, 1994; Laws 1995, c. 208, § 1, eff.
July 1, 1995; Laws 1996, c. 184, § 1, eff. Nov. 1, 1996; Laws 1997,
c. 322, § 2, emerg. eff. May 29, 1997; Laws 1999, c. 80, § 2, eff.
Nov. 1, 1999; Laws 2000, c. 342, § 7, eff. July 1, 2000; Laws 2002,
c. 397, § 17, eff. Nov. 1, 2002; Laws 2003, c. 234, § 5, eff. Nov.
1, 2003; Laws 2004, c. 5, § 42, emerg. eff. March 1, 2004; Laws
2005, c. 199, § 3, eff. Nov. 1, 2005; Laws 2006, c. 204, § 6, eff.
Nov. 1, 2006; Laws 2007, c. 39, § 1, eff. Nov. 1, 2007; Laws 2007,
c. 326, § 10, eff. Nov. 1, 2007; Laws 2010, c. 426, § 1, eff. July
1, 2010; Laws 2011, c. 227, § 1; Laws 2012, c. 249, § 1, eff. July
1, 2012; Laws 2017, c. 150, § 1, eff. Nov. 1, 2017; Laws 2018, c.
47, § 1, eff. Nov. 1, 2018; Laws 2022, c. 282, § 57, emerg. eff. May
19, 2022; Laws 2023, 1st Ex. Sess., c. 47, § 8, eff. July 1, 2023;
Laws 2025, c. 171, § 5, eff. July 1, 2026.
NOTE: Laws 1991, c. 309, § 1 repealed by Laws 1992, c. 61, § 2,
eff. Sept. 1, 1992. Laws 2003, c. 233, § 2 repealed by Laws 2004,
c. 5, § 43, emerg. eff. March 1, 2004.
§47-6-118. Driver's License Medical Advisory Committee.
A. There is hereby created a Driver License Medical Advisory
Committee whose membership shall be composed of two members
appointed by the State Commissioner of Health, two members appointed
by the Commissioner of Public Safety, one member appointed by the
Governor, one member appointed by the President Pro Tempore of the
Senate, and one member appointed by the Speaker of the House of
Representatives. One member appointed by the State Commissioner of
Health, one member appointed by the Commissioner of Public Safety
and the member appointed by the Governor shall each serve two (2)
years and one member appointed by the State Commissioner of Health,
one member appointed by the Commissioner of Public Safety, the
member appointed by the President Pro Tempore of the Senate and the
member appointed by the Speaker of the House of Representatives
shall each serve three (3) years. The terms of the seven (7)
Oklahoma Statutes - Title 47. Motor Vehicles
members of the committee shall expire on the first day of January of
the year in which the term of each member expires. The personnel of
the Board shall include, but not be limited to, an internist, vision
specialist, orthopedic surgeon, neurologist, and psychiatrist.
Members of the Committee shall serve in the interest of public
health, safety and welfare, without compensation for their services.
The Committee shall meet from time to time as its duties may
require, or when called by the Commissioner of Public Safety. The
Commissioner is authorized to use appropriated funds for meal
expenses related to such meetings. The Committee may use additional
medical doctors, psychologists or medical support specialists and
delegate the authority to act and recommend action on behalf of the
Committee when such delegation is approved by the Commissioner of
Public Safety.
B. The Committee shall recommend standards for determining the
physical, emotional and mental capacity of applicants for driver
licenses and holders of driver licenses, and submit the recommended
standards to Service Oklahoma for adoption. Service Oklahoma shall
also solicit input on the recommended standards from select medical
professional organizations including, but not limited to, the
American Diabetes Association and the American Heart Association
before adopting such standards. In cases of ailment or disability
not specifically covered by the adopted standards, the Committee may
consider each case or delegate consideration of the case to its
selected representative and may consider the individual's own
compensating abilities in making its recommendations to Service
Oklahoma.
C. Service Oklahoma shall give due consideration to the
findings and recommendations of the Committee, which may be used,
together with other available information, in determining the
applicant's or licensee's ability to operate a motor vehicle with a
reasonable degree of safety and in accordance with established
standards of Service Oklahoma. Service Oklahoma may require
physical, psychological, vision, written or driving tests when
necessary to make a determination pursuant to this section. Such
findings and recommendations shall be considered with other evidence
in determining whether the license should be canceled or denied.
D. Any person whose driver license is canceled or who is denied
a driver license under the provisions of this section shall have the
right to an appeal as provided for in Section 6-211 of this title.
The findings and recommendations of the Committee or its selected
representative, in written or oral form shall be admissible as
evidence and shall be considered by the court in determining whether
the action of Service Oklahoma was justified.
E. Members of the Driver License Medical Advisory Committee or
its selected representative shall not be held liable for their
requested standards, opinions and recommendations presented in good
Oklahoma Statutes - Title 47. Motor Vehicles
faith, for consideration by Service Oklahoma or consideration by the
court.
Added by Laws 1967, c. 351, § 1, emerg. eff. May 18, 1967. Amended
by Laws 1990, c. 222, § 1, eff. Sept. 1, 1990; Laws 2003, c. 392, §
10, eff. July 1, 2003; Laws 2022, c. 282, § 58, emerg. eff. May 19,
2022.
§47-6-119. Physical or mental conditions hazardous to public safety
- Physical and/or psychological examination - Renewal - Retesting.
A. When Service Oklahoma has good cause to believe that a
licensee or applicant for license to drive a motor vehicle may be
afflicted with any physical or mental ailment or condition including
diabetes which may cause loss of control or partial control or may
otherwise be incapable of properly controlling a motor vehicle, or
when a licensee's or applicant's accident or violation record
indicates the licensee or applicant may be a hazard to public
safety, Service Oklahoma is hereby authorized to require the
licensee or applicant to submit to a physical and/or psychological
examination as prescribed by Service Oklahoma based upon
recommendations of the Driver License Medical Advisory Committee or
its selected representative, and/or complete a driver improvement
school, and/or be examined again as provided by Section 6-110 of
this title. All physical and/or mental examinations shall be
conducted in the county of the residence of the applicant or
licensee or in the nearest county to the applicant or licensee where
the examination can be completed. Any driver improvement school or
examination as provided by Section 6-110 of this title shall be
completed in the same location as other applicants or licensees
living in the same county as the applicant or licensee who is
required to complete the school or examination. Unless the
Department receives a verified written report as provided for in
subsection B of this section specifying the need for an examination
of the applicant or licensee, persons afflicted by diabetes shall
not be required to submit to any additional requirements beyond
those requirements for a person not affected by diabetes before
receiving a license or a renewal of a license to operate a motor
vehicle.
B. Every license issued to a person specified in subsection A
of this section shall be renewable upon payment of the required fee;
provided, Service Oklahoma has not received a report from a law
enforcement officer stating that the person is a hazard to the
public safety and should be evaluated pursuant to the provisions of
subsection A of this section or a verified medical report from a
licensed physician stating that the person is incapable of properly
controlling a motor vehicle. If any report indicates that the
physical or mental ailment or condition has failed to remain stable
or that the condition is progressive to a degree that the person is
Oklahoma Statutes - Title 47. Motor Vehicles
deemed to be a hazard to the public safety or is incapable of
properly controlling a motor vehicle, Service Oklahoma shall
evaluate the person to determine if additional verified medical
reports shall be required before issuing or renewing any drivers
license or during the period a license is valid.
C. Service Oklahoma may require any person specified in
subsection A of this section to be retested any time prior to such
person's application for renewal of a license if the Department
receives a written report from any law enforcement officer, a
verified report from a licensed physician, or a verified report from
such other person authorized by Service Oklahoma indicating the
person's physical or mental ailment or condition has contributed to
an accident or has deteriorated since issuance of the license to
such a degree the person could lose control or partial control or
may otherwise cause such person to be incapable of properly
controlling a motor vehicle.
Added by Laws 1968, c. 120, § 1, eff. Jan. 1, 1969. Amended by Laws
1990, c. 219, § 25, eff. June 1, 1990; Laws 1990, c. 337, § 9; Laws
1994, c. 387, § 3, eff. July 1, 1995; Laws 2022, c. 282, § 59,
emerg. eff. May 19, 2022.
NOTE: Laws 1990, c. 222, § 2 repealed by Laws 1990, c. 337, § 26.
§47-6-119A. Bioptic driving - Restricted license.
A. Within six (6) months of the effective date of this act,
Service Oklahoma, shall, in conjunction with the Driver License
Medical Advisory Committee, promulgate rules that shall provide for
a restricted driver license for bioptic driving in this state.
B. As used in this section, "bioptic driving" shall mean a
method of driving that utilizes both the person's general vision in
combination with intermittent spotting through a small telescopic
system that improves the sharpness of the person's far vision.
Added by Laws 2012, c. 98, § 2, eff. Nov. 1, 2012. Amended by Laws
2022, c. 282, § 60, emerg. eff. May 19, 2022.
§47-6-120. Cancellation, denial, or disqualification.
A. Service Oklahoma is hereby authorized to cancel, deny, or
disqualify the driver license, driving privilege or application of
any individual who:
1. Fails to comply with any of the requirements of Section 6119 of this title within thirty (30) days after being notified by
Service Oklahoma;
2. Is unable to demonstrate the ability to operate a motor
vehicle as provided by this title or whose driving constitutes a
danger to the welfare and safety of persons using the streets and
highways of the State of Oklahoma; or
3. Fails to pass an examination pursuant to Section 6-110, 6115 or 6-119 of this title.
Oklahoma Statutes - Title 47. Motor Vehicles
B. If a person is required to be examined pursuant to Sections
6-110, 6-115 or 6-119 of this title, the Department shall impose the
appropriate restriction or restrictions on the license that are
necessary to ensure the safe operation of a motor vehicle as
provided under Section 6-113 of this title.
C. Any person whose driver license or driving privilege is
canceled, denied, or disqualified under the provisions of this
section shall have the right to an appeal as provided in Section 6211 of this title.
D. Any person whose Class A, B, or C driver license or driving
privilege is disqualified under the provisions of this section shall
relinquish to Service Oklahoma the Class A, B, or C driver license
and may replace it with a Class D driver license, if the person is
otherwise qualified for a Class D driver license.
Added by Laws 1968, c. 120, § 2, eff. Jan. 1, 1969. Amended by Laws
1969, c. 88, § 2, emerg. eff. March 24, 1969; Laws 1990, c. 219, §
26, eff. June 1, 1990; Laws 2000, c. 124, § 1, eff. Nov. 1, 2000;
Laws 2022, c. 282, § 61, emerg. eff. May 19, 2022.
§47-6-121. Extension of driver license during service in Armed
Forces or while employed as civilian contractor with Armed Forces.
Any person or the spouse or dependent of a person:
1. Who is on active duty with the Armed Forces of the United
States; or
2. Who is currently employed as a civilian contractor with the
Armed Forces of the United States,
living outside of Oklahoma and having a valid driver license issued
by the State of Oklahoma for the operation of motor vehicles upon
the highways of this state shall not be considered to have an
expired driver license for the duration of such service or
employment and for a period of sixty (60) days from and after the
return of the person or the spouse or dependent of the person to
Oklahoma from such service or employment. This law shall not be
construed to confer driving privileges in any jurisdiction other
than Oklahoma.
Added by Laws 1969, c. 253, § 1, emerg. eff. April 24, 1969.
Amended by Laws 1990, c. 219, § 27, eff. Jan. 1, 1991; Laws 1998, c.
84, § 1, eff. Nov. 1, 1998; Laws 2004, c. 418, § 10, eff. July 1,
2004; Laws 2009, c. 81, § 3, eff. Nov. 1, 2009.
§47-6-122. Renewal or replacement by mail or online.
Service Oklahoma may develop procedures whereby driver licenses
and identification cards issued under the provisions of Section 6101 et seq. of this title may be renewed or replaced by the
applicant by mail or online except for licenses to be renewed or
replaced by aliens as prescribed by subsection E of Section 6-115 of
this title. Any driver license or identification card issued
Oklahoma Statutes - Title 47. Motor Vehicles
pursuant to this section shall be valid for a period of four (4)
years from the last day of the month of expiration of the current
driver license or identification card. Service Oklahoma shall not
renew or replace a driver license or identification card by mail or
online unless the immediately preceding issuance, renewal, or
replacement was done in person by the applicant.
Provided, any person or the spouse or dependent of a person:
1. Who is on active duty with the Armed Forces of the United
States; or
2. Who is currently employed as a civilian contractor with the
Armed Forces of the United States,
living outside of Oklahoma and having a valid Class D driver license
issued by the State of Oklahoma, requiring no material change, may
apply for no more than three consecutive renewals or replacement of
such license by mail or online, in accordance with Service Oklahoma
rules. A fourth consecutive renewal or replacement must be done in
person.
Added by Laws 1975, c. 359, § 3, eff. Jan. 1, 1977. Amended by Laws
1992, c. 217, § 8, eff. July 1, 1992; Laws 2003, c. 392, § 11, eff.
July 1, 2003; Laws 2012, c. 280, § 4, eff. Nov. 1, 2012; Laws 2015,
c. 266, § 5, eff. Nov. 1, 2015; Laws 2016, c. 141, § 1, eff. Nov. 1,
2016; Laws 2022, c. 282, § 62, emerg. eff. May 19, 2022; Laws 2024,
c. 11, § 8, emerg. eff. April 18, 2024; Laws 2025, c. 330, § 8, eff.
July 1, 2025.
§47-6-123.
Repealed by Laws 1983, c. 173, § 4, eff. Jan. 1, 1984.
§47-6-124. Issuance of license or identification card - Veteran
designation.
A. As a way to honor and recognize the veterans who have served
our country, Service Oklahoma shall make space available in a
prominent location on the front of the driver license and the
identification card for a flag emblem and the word "veteran" to be
designed by Service Oklahoma that will serve as a notation of
veteran status. In addition, no later than March 1, 2026, Service
Oklahoma shall make the same space available for a flag emblem and
the words "veteran" and "100%" to be designed by Service Oklahoma
for persons who are a one hundred percent (100%) disabled veteran as
described in subsection P of Section 6-101 of this title.
B. Upon application for issuance or renewal of the driver
license or identification card and in addition to other
documentation required by Service Oklahoma, persons requesting
either of the flag emblems shall be registered with the veterans
registry created by the Oklahoma Department of Veterans Affairs.
Provided, that if the person requesting the flag emblem has
previously received a flag emblem pursuant to this subsection, no
registration with the veterans registry shall be required to receive
Oklahoma Statutes - Title 47. Motor Vehicles
the flag emblem. Service Oklahoma shall promulgate any rule
necessary to implement the provisions of this section.
Added by Laws 2012, c. 330, § 1, eff. Nov. 1, 2012. Amended by Laws
2013, c. 39, § 1, eff. Nov. 1, 2013; Laws 2014, c. 113, § 1, eff.
Nov. 1, 2014; Laws 2017, c. 229, § 9, eff. Nov. 1, 2020; Laws 2022,
c. 282, § 63, emerg. eff. May 19, 2022; Laws 2025, c. 330, § 9, eff.
July 1, 2025.
§47-6-125. Voluntary designation of autism spectrum disorder —
Automated statewide registry for law enforcement.
A. 1. Service Oklahoma shall permit a driver license or state
identification cardholder to voluntarily designate that the person
has been diagnosed with an autism spectrum disorder by a licensed
primary care physician, licensed psychologist, or licensed
psychiatrist. The designation shall be used by a law enforcement
officer or an emergency medical professional to identify and
effectively communicate with a person who has been diagnosed with an
autism spectrum disorder and shall not be used for any other purpose
by any other person.
2. The cardholder may choose whether the voluntary designation
indicating that a person has been diagnosed with an autism spectrum
disorder pursuant to paragraph 1 of this subsection shall be
displayed on the driver license or identification card or in the
Oklahoma Law Enforcement Telecommunications System (OLETS) in
accordance with procedures prescribed by Service Oklahoma. A holder
of a driver license or identification card who makes a voluntary
designation pursuant to this section shall have the opportunity to
remove the designation at any time.
B. 1. Service Oklahoma shall establish and maintain an
automated statewide registry accessible by law enforcement officers
for the purpose of identifying and effectively communicating with a
person who has been diagnosed with an autism spectrum disorder by a
licensed primary care physician, licensed psychologist, or licensed
psychiatrist. Service Oklahoma shall permit a person diagnosed with
an autism spectrum disorder to voluntarily report the diagnosis to
Service Oklahoma for inclusion in the registry. The registry shall
be capable of storing information, which shall include, but not be
limited to:
a.
the license plate and registration information of any
motor vehicle that the person intends to regularly
operate,
b.
the emergency contact information of a person who can
communicate on behalf of the person who has been
diagnosed with an autism spectrum disorder, and
c.
any other information that may assist a law
enforcement officer when communicating with the
person.
Oklahoma Statutes - Title 47. Motor Vehicles
2. Service Oklahoma shall develop a standardized autism
diagnosis form that provides a diagnosing or treating licensed
primary care physician, licensed psychologist, or licensed
psychiatrist to certify that an individual has been diagnosed with
an autism spectrum disorder. The holder of an Oklahoma driver
license or identification card or a person making application or
renewal for a driver license or identification card issued by
Service Oklahoma may voluntarily submit the form to the registry
established pursuant to paragraph 1 of this subsection, through
procedures established by Service Oklahoma. A holder of a driver
license or identification card who submits information to the
registry shall have the opportunity to revise, update the
information, or be removed from the registry at any time.
3. Information submitted pursuant to this section shall only be
available to Service Oklahoma, licensed operators who are designated
to collect and maintain the information, and law enforcement
officers when accessing the person's motor vehicle records. The
information shall be exclusively used during a motor vehicle stop or
other law enforcement action to assist law enforcement officers in
identifying and effectively communicating with a person who has been
diagnosed with an autism spectrum disorder.
4. Any information submitted to Service Oklahoma or licensed
operators pursuant to this section shall not be considered a
government record pursuant to subparagraph c of paragraph 1 of
Section 24A.5 of Title 51 of the Oklahoma Statutes and shall not be
discoverable as a government record by any person, entity, or
governmental agency, except upon a subpoena issued by a grand jury
or a court order in a criminal matter.
5. Service Oklahoma, its employees, or licensed operators, for
the purpose of discharging their duties pursuant to this act, shall
not be liable to any person for civil damages or subject to criminal
prosecution resulting from or caused by:
a.
any disruption or failure in Internet service caused
by any accident, malfunction, act of sabotage or
nature, or any other condition or circumstance that
Service Oklahoma has not, directly or indirectly,
caused, and which prevents the holder of an Oklahoma
driver license or identification card from accessing
or inputting information into the registry established
pursuant to this subsection, or which results in, or
prevents, Service Oklahoma, licensed operators,
designated Service Oklahoma employees, and law
enforcement officers from accessing, establishing, or
maintaining the database,
b.
any misuse of, or the failure or omission to input
accurate information, or the inputting of inaccurate
or outdated information into the registry by any
Oklahoma Statutes - Title 47. Motor Vehicles
holder of an Oklahoma driver license or identification
card, or
c.
the inability of any law enforcement officer to make
contact, in good faith, with any designated emergency
contact person. This limitation of liability is
inapplicable if such failure resulted from a malicious
purpose or a wanton and willful disregard for the
safety of persons or property.
6. With regard to the issuance of REAL-ID compliant licenses
containing designations pursuant to this section, Service Oklahoma
shall comply with all federal design requirements and shall seek
design approval from all necessary federal agencies, including, but
not limited to, the United States Department of Homeland Security.
7. Service Oklahoma is authorized to promulgate any rules
necessary to effectuate the provisions of this section.
Added by Laws 2024, c. 49, § 1, eff. Nov. 1, 2025.
§47-6-125.1. Autism spectrum disorder persons — Program to train
law enforcement officers on communication.
The Department of Public Safety, in consultation with Service
Oklahoma, the Council on Law Enforcement Education and Training, the
Oklahoma Department of Mental Health and Substance Abuse Services,
and other entities or individuals with expertise in autism, shall
develop a program to assist and train law enforcement officers to
effectively communicate with a person who has been diagnosed with an
autism spectrum disorder by a licensed primary care physician,
licensed psychologist, or licensed psychiatrist. In addition, the
program shall include training in de-escalation methods when
interacting with a person who has been diagnosed with an autism
spectrum disorder, proper utilization of the registry established
pursuant to Section 1 of this act, proper utilization of any
specific information regarding an individual listed in the registry,
and any other information that may be useful to law enforcement
officers when interacting with a person who has been diagnosed with
an autism spectrum disorder.
The program established pursuant to this section shall be
available annually to every state, tribal, county, and municipal law
enforcement agency in this state.
Added by Laws 2024, c. 49, § 2, eff. Nov. 1, 2025.
§47-6-126.1. Commercial vehicle operators — License required —
Violations.
A. Any person operating any commercial motor vehicle, as
defined in Section 1-107.1 et. seq of Title 47 of the Oklahoma
Statutes, in this state shall possess either:
Oklahoma Statutes - Title 47. Motor Vehicles
1. A valid commercial driver license issued by a state,
territory, or possession of the United States, the District of
Columbia, or the Commonwealth of Puerto Rico; or
2. A valid commercial driver license issued by a state,
territory, district, or province of Canada or Mexico, or another
nation or territory that has a reciprocal license agreement with
this state, accompanied by a valid work visa. A person holding such
a driver license shall also possess a physical copy of such license
and verifiable proof of citizenship of the country that issued the
license. Proof of citizenship shall be demonstrated through
presentation of a birth certificate, naturalization certificate, or
valid passport.
B. 1. A commercial motor carrier whose driver is found to be
in violation of this section shall be subject to a fine in the
amount of Three Thousand Dollars ($3,000.00) for each violation.
The proceeds of any penalties collected pursuant to this paragraph
shall be deposited in the Weigh Station Improvement Revolving Fund
created in Section 1167 of Title 47 of the Oklahoma Statutes.
2. A driver found to be in violation of this section shall be
prohibited from operating a commercial motor vehicle within this
state until such a time that the driver is able to meet the
identification provisions of this section. Any driver found to be
operating a motor vehicle within this state while under such
prohibition shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine not to exceed One Thousand Dollars
($1,000.00), or by imprisonment for not more than ninety (90) days,
or both such fine and imprisonment. Any fine collected pursuant to
the provisions of this paragraph shall be deposited to the Trauma
Care Assistance Revolving Fund created in Section 1-2530.9 of Title
63 of the Oklahoma Statutes.
3. The commercial motor carrier shall be notified of the
location of any commercial motor vehicle involved in a violation,
and, upon payment of the fine in full and presentation of a driver
who meets all requirements to operate a commercial motor vehicle
within this state, shall take possession of the vehicle. If the
commercial motor carrier is unable to either pay such fine or
present such driver within twelve (12) hours after notification, the
owner of any cargo being transported by the commercial motor vehicle
shall be notified and allowed to arrange for the transfer of the
cargo to another vehicle. Neither the state nor the owner of such
cargo shall be liable for any reasonable action to transfer such
cargo.
Added by Laws 2025, c. 310, § 3, emerg. eff. May 27, 2025.
§47-6-126.2.
proficiency.
Commercial vehicle operators — English language
Oklahoma Statutes - Title 47. Motor Vehicles
A. An operator of a commercial motor vehicle within this state
shall be able to demonstrate proficiency of the English language
sufficient to:
1. Converse with the general public;
2. Understand highway traffic signs and signals in the English
language;
3. Respond to official inquiries; and
4. Make entries on reports and records.
B. 1. A commercial motor carrier whose driver is found to be
in violation of this section shall be subject to a fine in the
amount of Three Thousand Dollars ($3,000.00) for each violation.
The proceeds of any penalties collected pursuant to this paragraph
shall be deposited in the Weigh Station Improvement Revolving Fund
created in Section 1167 of Title 47 of the Oklahoma Statutes.
2. A driver found to be in violation of this section shall be
prohibited from operating a commercial motor vehicle within this
state until such a time that the driver is able to meet the
identification provisions of this section. Any driver found to be
operating a motor vehicle within this state while under such
prohibition shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine not to exceed One Thousand Dollars
($1,000.00), or by imprisonment for not more than ninety (90) days,
or both such fine and imprisonment. Any fine collected pursuant to
the provisions of this paragraph shall be deposited to the Trauma
Care Assistance Revolving Fund created in Section 1-2530.9 of Title
63 of the Oklahoma Statutes.
3. The commercial motor carrier shall be notified of the
location of any commercial motor vehicle involved in a violation,
and, upon payment of the fine in full and presentation of a driver
who meets all requirements to operate a commercial motor vehicle
within this state, shall take possession of the vehicle. If the
commercial motor carrier is unable to either pay such fine or
present such driver within twelve (12) hours after notification, the
owner of any cargo being transported by the commercial motor vehicle
shall be notified and allowed to arrange for the transfer of the
cargo to another vehicle. Neither the state nor the owner of such
cargo shall be liable for any reasonable action to transfer such
cargo.
C. Any operator of a commercial motor vehicle found to be in
violation of this section shall, in addition to the provisions
provided for in subsection B of this section, be subject to a
penalty of One Thousand Dollars ($1,000.00). Any fine collected
pursuant to the provisions of this subsection shall be deposited to
the Trauma Care Assistance Revolving Fund created in Section 12530.9 of Title 63 of the Oklahoma Statutes.
Added by Laws 2025, c. 310, § 4, emerg. eff. May 27, 2025.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-6-130. Epilepsy designation symbol.
A. Effective June 1, 2026, Service Oklahoma shall permit a
driver license or state identification cardholder to voluntarily
designate with the placement of a unique symbol that the person has
been diagnosed with epilepsy by a licensed physician. The
designation shall be used by a law enforcement officer or an
emergency medical professional to identify and effectively
communicate with a person who has been diagnosed with epilepsy and
shall not be used for any other purpose by any other person.
B. The cardholder may choose whether the voluntary designation
indicating that a person has been diagnosed with epilepsy, pursuant
to paragraph 1 of this section, shall be displayed on the driver
license or identification card or in the Oklahoma Law Enforcement
Telecommunications System (OLETS) in accordance with procedures
prescribed by Service Oklahoma. A holder of a driver license or
identification card who makes a voluntary designation pursuant to
this section shall have the opportunity to remove the designation at
any time.
Added by Laws 2025, c. 377, § 2, eff. Nov. 1, 2025.
§47-6-201. Authority to cancel or deny driving privilege – Appeal –
Release for driving privilege reinstatement.
A. Service Oklahoma is hereby authorized to cancel or deny any
person's driving privilege upon determining that the person:
1. Is not entitled to a driver license or identification card
issued to the person; or
2. Failed to give the required or correct information in the
application.
Upon such cancellation or denial, the person to whom the license or
card was issued shall surrender the license or card so canceled to
Service Oklahoma. The person may apply for a valid driver license
or identification card, if the person is otherwise eligible. Any
person whose driving privilege is canceled or denied under the
provisions of this subsection shall have the right to an appeal as
provided in Section 6-211 of this title.
B. Upon determination by Service Oklahoma that any person:
1. Used fraudulent information to apply for or obtain a driver
license or identification card;
2. Committed or aided another person in the commission of any
act provided in subparagraph b, c, e, g, or h of paragraph 1 of
Section 6-301 of this title; or
3. Committed or aided another person in the commission of any
act provided in subparagraph a, b, c, d, e, or f of paragraph 2 of
Section 6-301 of this title,
Service Oklahoma shall revoke the person's driving privilege for a
period of sixty (60) days for a first determination. For a second
or subsequent determination by Service Oklahoma under paragraph 1, 2
Oklahoma Statutes - Title 47. Motor Vehicles
or 3 of this subsection, the person's driving privilege shall be
revoked for a period of six (6) months. Such periods shall not be
subject to modification. Upon such revocation, the person to whom
the license or card was issued shall surrender the license or card
to Service Oklahoma. The person may apply for a valid
identification card, if the person is otherwise eligible.
C. A determination, as provided for in subsection B of this
section, shall include:
1. A conviction in any court, when the conviction becomes
final; or
2. The findings of an investigation by the Identity
Verification Unit, the Oklahoma Highway Patrol Division, or a
designee of Service Oklahoma.
D. Any person whose driving privilege is revoked under the
provisions of subsection B of this section may be required to obtain
a release from the Identity Verification Unit, the Oklahoma Highway
Patrol Division, or a designee of Service Oklahoma before being
considered for reinstatement of driving privileges.
E. Any person whose driving privilege is revoked under the
provisions of subsection B of this section shall have the right to
an appeal as provided in Section 6-211 of this title.
Added by Laws 1961, p. 347, § 6-201, eff. Sept. 1, 1961. Amended by
Laws 1990, c. 219, § 28, eff. Jan. 1, 1991; Laws 1991, c. 309, § 2,
eff. July 1, 1991; Laws 1999, c. 139, § 2, eff. Nov. 1, 1999; Laws
2000, c. 277, § 8, eff. Nov. 1, 2000; Laws 2001, c. 216, § 1, eff.
Nov. 1, 2001; Laws 2002, c. 397, § 18, eff. Nov. 1, 2002; Laws 2003,
c. 392, § 12, eff. July 1, 2003; Laws 2004, c. 149, § 5, eff. Nov.
1, 2004; Laws 2011, c. 104, § 4, eff. Nov. 1, 2011; Laws 2022, c.
282, § 64, emerg. eff. May 19, 2022.
§47-6-201.1.
Repealed by Laws 2020, c. 111, § 3, eff. Nov. 1, 2020.
§47-6-201.2. Report of conviction from tribal or federal courts.
For purposes of Section 6-101 et seq. of Title 47 of the
Oklahoma Statutes, Service Oklahoma shall recognize and act upon a
report of conviction in a qualified court of any federally
recognized Indian tribe within the geographical boundaries of this
state or a court of the United States in the same manner it acts
upon any report of conviction from an Oklahoma state or municipal
court. Any report of conviction submitted to Service Oklahoma shall
be submitted using a format approved by Service Oklahoma and shall
include the full name of the offender as it appears on the driver
license, the number of the driver license, and the penalty imposed.
Added by Laws 2022, c. 409, § 1, emerg. eff. May 27, 2022. Amended
by Laws 2024, c. 11, § 9, emerg. eff. April 18, 2024.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-6-202. Suspending privileges of nonresidents and reporting
convictions.
A. The privilege of driving a motor vehicle on the highways of
this state given to a nonresident hereunder shall be subject to
suspension or revocation by Service Oklahoma in like manner and for
like cause as any Oklahoma driver license issued hereunder may be
suspended or revoked. Any person who does not possess a valid
driver license in this state or any foreign state may have his or
her privilege to operate a motor vehicle in this state suspended or
revoked in like manner and for like cause as a driver's license
issued hereunder may be suspended or revoked.
Persons whose driving privileges have been suspended because of
failure to furnish proof of insurance shall be required to furnish
proof of financial responsibility as required by the provisions of
the Financial Responsibility Act.
B. Service Oklahoma is further authorized, upon receiving a
record of the conviction in this state of a nonresident driver of a
motor vehicle of any offense under the motor vehicle laws of this
state, to forward a certified copy of such record to the motor
vehicle administrator in the state wherein the person so convicted
is a resident.
Amended by Laws 1990, c. 219, § 29, eff. Jan. 1, 1991; Laws 2022, c.
282, § 65, emerg. eff. May 19, 2022.
§47-6-202.1. Diplomatic immunity – Verification – Records to be
submitted to United States Department of State – Severability.
A. If any vehicle operator who displays to a law enforcement
officer a driver license issued by the United States Department of
State or who otherwise claims immunities or privileges under Title
22, Chapter 6 of the United States Code with respect to the
violation of Article 27, Section 388, 388a, or 388b of the Code by
the individual, or a moving violation under the vehicle laws or
regulations of this state or any local authority, when the operator
is stopped by a law enforcement officer who has probable cause to
believe that the operator has committed a violation, the officer
shall:
1. As soon as practicable contact the United States Department
of State office in order to verify the status and immunity of the
driver, if any;
2. Record all relevant information from any driver license or
identification card, including a driver license or identification
card issued by the United States Department of State; and
3. Within five (5) working days after the date of the stop,
forward the following to the Department of Public Safety:
a.
a vehicle collision report, if the driver was involved
in a vehicle collision,
Oklahoma Statutes - Title 47. Motor Vehicles
b.
if a citation was issued to the driver, a copy of the
citation, and,
c.
if a citation was not issued to the driver, a written
report of the incident.
B. The Department of Public Safety shall:
1. File and keep convenient records of each document and record
described in paragraph 3 of subsection A of this section; and
2. Send a copy of each document and record described in
paragraph 3 of subsection A of this section to the Bureau of
Diplomatic Security, Office of Foreign Missions, United States
Department of State.
C. The provisions of this section do not prohibit or limit the
application of any law regarding a criminal or motor vehicle
violation by any person who has or claims immunities or privileges
under Title 22, Chapter 6 of the United States Code.
D. If any provision of this section or the application thereof
to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of this section
which can be given effect without the invalid provision or
application, and to this end the provisions of this section are
declared to be severable.
Added by Laws 2001, c. 27, § 3, eff. Nov. 1, 2001.
§47-6-203. Suspension of resident's license or driving privilege
upon conviction in another state.
Service Oklahoma shall suspend or revoke the license or driving
privilege of any resident of this state or the privilege of a
nonresident to drive a motor vehicle in this state upon receiving
notice of the conviction of such person in another state of offenses
therein which, if committed in this state, would be grounds for the
suspension or revocation of the individual's driving privilege. An
appeal may be had from such order of suspension, as provided in
Section 6-211 of this title.
Added by Laws 1961, p. 347, § 6-203, emerg. eff. Sept. 1, 1961.
Amended by Laws 1990, c. 219, § 30, eff. Jan. 1, 1991; Laws 2022, c.
282, § 66, emerg. eff. May 19, 2022.
§47-6-204. Order by court to surrender license to Department Report of conviction.
A. Whenever any person is convicted of any offense for which
this title makes mandatory the revocation of the driving privilege
of such person by Service Oklahoma as provided in Section 6-205 of
this title, the court in which such conviction occurred may require
the surrender to it of all driver licenses then held by the person
so convicted and the court shall thereupon forward the same together
with a record of such conviction to Service Oklahoma.
Oklahoma Statutes - Title 47. Motor Vehicles
B. Every court, including courts not of record, having
jurisdiction over offenses committed under this act, or any other
law of this state or municipal ordinance regulating the operation of
motor vehicles on highways, shall forward to Service Oklahoma a
record of the conviction of any person in such court for a violation
of any such laws other than regulations governing standing or
parking, and may recommend the suspension of the driving privileges
of the person so convicted.
C. For the purposes of Section 6-101 et seq. of this title, the
term "conviction" shall mean a final conviction or shall mean a
forfeiture of bail or collateral deposited to secure a defendant's
appearance in court, which forfeiture has not been vacated.
Added by Laws 1961, p. 347, § 6-204, eff. Sept. 1, 1961. Amended by
Laws 1990, c. 219, § 31, eff. Jan. 1, 1991; Laws 1992, c. 217, § 9,
eff. July 1, 1992; Laws 1997, c. 193, § 1, eff. Nov. 1, 1997; Laws
2017, c. 392, § 4, eff. Nov. 1, 2017; Laws 2019, c. 400, § 2, eff.
Nov. 1, 2019; Laws 2022, c. 282, § 67, emerg. eff. May 19, 2022.
§47-6-205. Mandatory revocation of driving privilege.
A. Service Oklahoma shall immediately revoke the driving
privilege of any person, whether adult or juvenile, upon receiving a
record of conviction, in any municipal, state or federal court
within the United States of any of the following offenses, when such
conviction has become final:
1. Manslaughter or negligent homicide resulting from the
operation of a motor vehicle;
2. Driving or being in actual physical control of a motor
vehicle while under the influence of alcohol, any other intoxicating
substance, or the combined influence of alcohol and any other
intoxicating substance, any violation of paragraph 1, 2, 3, 4 or 5
of subsection A of Section 11-902 of this title or any violation of
Section 11-906.4 of this title. However, Service Oklahoma shall not
additionally revoke the driving privileges of the person pursuant to
this subsection if the driving privilege of the person has been
revoked because of a test result or test refusal pursuant to Section
753 or 754 of this title arising from the same circumstances which
resulted in the conviction unless the revocation because of a test
result or test refusal is set aside;
3. Driving a motor vehicle during the commission of a felony;
4. Failure to stop and render aid as required under the laws of
this state in the event of a motor vehicle accident resulting in the
death or personal injury of another;
5. Perjury or the making of a false affidavit or statement
under oath to Service Oklahoma under the Uniform Vehicle Code or
under any other law relating to the ownership or operation of motor
vehicles;
Oklahoma Statutes - Title 47. Motor Vehicles
6. A felony conviction for unlawfully distributing, dispensing,
manufacturing, trafficking, attempting or conspiring to distribute,
dispense, manufacture, or traffic a controlled dangerous substance
as defined in the Uniform Controlled Dangerous Substances Act while
driving a motor vehicle;
7. A misdemeanor conviction for a violation of Section 1-229.34
of Title 63 of the Oklahoma Statutes;
8. Failure to obey a traffic control device as provided in
Section 11-202 of this title or a stop sign when such failure
results in great bodily injury to any other person; or
9. Failure to stop or to remain stopped for school bus loading
or unloading of children pursuant to Section 11-705 or 11-705.1 of
this title.
B. The first license revocation under any provision of this
section, except for paragraph 2, 3, 6, 7, or 9 of subsection A of
this section, shall be for a period of one (1) year. Such period
shall not be modified.
C. A license revocation under any provision of this section,
except for paragraph 2, 3, 6, or 7 of subsection A of this section,
shall be for a period of three (3) years if a prior revocation under
this section commenced within the preceding five-year period as
shown by the records of Service Oklahoma. Such period shall not be
modified.
D. The period of license revocation under paragraph 2, 3 or 6
of subsection A of this section shall be governed by the provisions
of Section 6-205.1 of this title.
E. The first license revocation under paragraph 7 of subsection
A of this section shall be for a period of six (6) months. Such
periods shall not be modified.
F. The first license revocation under paragraph 9 of subsection
A of this section shall be for a period of one (1) year. Such
period may be modified. Any appeal of the revocation of driving
privilege under paragraph 9 of subsection A of this section shall be
governed by Section 6-211 of this title; provided, any modification
under this subsection shall apply to Class D motor vehicles only.
G. As used in this section, "great bodily injury" means bodily
injury which creates a substantial risk of death or which causes
serious, permanent disfigurement or protracted loss or impairment of
the function of any bodily member or organ.
H. Any person whose driving privileges are or have been
canceled or denied pursuant to this section, except for paragraph 1,
2 or 8 of subsection A of this section, may file a petition for
relief based upon error or hardship.
1. The petition shall be filed in the district court which
notified Service Oklahoma. If the Notification originated in a
municipal court, the petition shall be filed in the district court
of the county in which the municipal court is located. A copy of
Oklahoma Statutes - Title 47. Motor Vehicles
the Notification and a copy of Service Oklahoma's action canceling
or denying driving privileges pursuant to this section shall be
attached to the petition.
2. The district court shall conduct a hearing on the petition
and may determine the matter de novo, without notice to Service
Oklahoma and, if applicable, without notice to the municipal court;
provided, the district court shall not consider a collateral attack
upon the merits of any conviction or determination which has become
final.
3. The district court may deny the petition or, in its
discretion, issue a written Order to Service Oklahoma to decrease
the period of cancellation or denial to any period or issue a
written Order to vacate Service Oklahoma's action taken pursuant to
this section, in its entirety. The content of the Order shall not
grant or purport to grant any driving privileges to the person;
however, such Order may direct Service Oklahoma to do so if the
person is otherwise eligible therefor. The petitioner is
responsible for his or her own attorney fees. However, if the
petitioner is granted relief for error, then the party that
committed the error may be ordered to pay attorney fees and costs.
Unless all persons or agencies the court had reason to believe may
have had relevant information related to the court record and
departmental action have been given notice of the petition, attorney
fees and costs shall not be awarded against any party. In no event
shall Service Oklahoma be liable for attorney fees and costs for
suspending, revoking, canceling or denying a driver license based
upon reasonable reliance on a notice from a court requiring the
revocation, suspension, cancellation or denial of the driver license
according to law.
Added by Laws 1961, p. 348, § 6-205, eff. Sept. 1, 1961. Amended by
Laws 1982, c. 273, § 1, operative Oct. 1, 1982; Laws 1982, c. 294, §
1, operative July 1, 1982; Laws 1988, c. 242, § 1, eff. Nov. 1,
1988; Laws 1990, c. 219, § 32, eff. Jan. 1, 1991; Laws 1990, c. 286,
§ 1, eff. Sept. 1, 1990; Laws 1991, c. 309, § 3, eff. July 1, 1991;
Laws 1992, c. 217, § 10, eff. July 1, 1992; Laws 1993, c. 238, § 2,
emerg. eff. May 26, 1993; Laws 1994, c. 387, § 4, eff. July 1, 1995;
Laws 1995, c. 1, § 16, emerg. eff. March 2, 1995; Laws 1995, c. 313,
§ 1, eff. July 1, 1995; Laws 1996, c. 309, § 5, eff. Nov. 1, 1996;
Laws 1997, c. 148, § 3, eff. Nov. 1, 1997; Laws 1998, c. 293, § 1,
eff. July 1, 1998; Laws 2000, 1st Ex. Sess., c. 8, § 17, eff. July
1, 2000; Laws 2003, c. 392, § 14, eff. July 1, 2003; Laws 2004, c.
149, § 6, eff. Nov. 1, 2004; Laws 2005, c. 1, § 50, emerg. eff.
March 15, 2005; Laws 2006, c. 311, § 17, emerg. eff. June 8, 2006;
Laws 2010, c. 233, § 1, eff. Nov. 1, 2010; Laws 2010, c. 333, § 2,
eff. Nov. 1, 2010; Laws 2011, c. 299, § 2, eff. Nov. 1, 2011; Laws
2013, c. 279, § 1, eff. Nov. 1, 2013; Laws 2017, c. 392, § 5, eff.
Nov. 1, 2017; Laws 2019, c. 400, § 3, eff. Nov. 1, 2019; Laws 2021,
Oklahoma Statutes - Title 47. Motor Vehicles
c. 487, § 3, eff. Nov. 1, 2021; Laws 2024, c. 11, § 10, emerg. eff.
April 18, 2024.
NOTE: Laws 1994, c. 243, § 3 repealed by Laws 1995, c. 1, § 40,
emerg. eff. March 2, 1995. Laws 2004, c. 49, § 2 repealed by Laws
2005, c. 1, § 51, emerg. eff. March 15, 2005.
§47-6-205.1. Periods of revocation - Denial of driving privileges.
A. The driving privilege of a person who is convicted of any
offense as provided in paragraph 2 of subsection A of Section 6-205
of this title, or a person who has refused to submit to a test or
tests as provided in Section 753 of this title, or a person whose
alcohol concentration is subject to the provisions of Section 754 of
this title, except as provided by subsection F of Section 6-212.5 of
this title, shall be revoked or denied by Service Oklahoma for the
following period, as applicable:
1. The first license revocation pursuant to paragraph 2 of
subsection A of Section 6-205 of this title or Section 753 or 754 of
this title, within ten (10) years preceding the date of arrest
relating thereto, shall be for a period of no less than one hundred
eighty (180) days and until the person completes the Impaired Driver
Accountability Program in accordance with the rules of the Board of
Tests for Alcohol and Drug Influence;
2. A revocation pursuant to paragraph 2 of subsection A of
Section 6-205 of this title or Section 753 or 754 of this title
shall be for a period of no less than one (1) year and until the
person completes the Impaired Driver Accountability Program in
accordance with the rules of the Board of Tests for Alcohol and Drug
Influence, if within ten (10) years preceding the date of arrest
relating thereto, as shown by the records of Service Oklahoma:
a.
a prior revocation commenced pursuant to paragraph 2
or 6 of subsection A of Section 6-205 of this title or
Section 753 or 754 of this title or current enrollment
in or previous completion of the Impaired Driver
Accountability Program, or
b.
the record of the person reflects a prior conviction
in another jurisdiction which did not result in a
revocation of Oklahoma driving privileges, for a
violation substantially similar to paragraph 2 of
subsection A of Section 6-205 of this title, and the
person was not a resident or a licensee of Oklahoma at
the time of the offense resulting in the conviction;
3. A revocation pursuant to paragraph 2 of subsection A of
Section 6-205 of this title or Section 753 or 754 of this title
shall be for a period of no less than two (2) years and until the
person completes the Impaired Driver Accountability Program in
accordance with the rules of the Board of Tests for Alcohol and Drug
Oklahoma Statutes - Title 47. Motor Vehicles
Influence, if within ten (10) years preceding the date of arrest
relating thereto, as shown by the records of Service Oklahoma:
a.
two or more prior revocations commenced pursuant to
paragraph 2 or 6 of subsection A of Section 6-205 of
this title or Section 753 or 754 of this title,
b.
two or more current enrollments in or previous
completions of the Impaired Driver Accountability
Program,
c.
the record of the person reflects two or more prior
convictions in another jurisdiction which did not
result in a revocation of Oklahoma driving privileges,
for a violation substantially similar to paragraph 2
of subsection A of Section 6-205 of this title, and
the person was not a resident or a licensee of
Oklahoma at the time of the offense resulting in the
conviction, or
d.
any combination of two or more prior revocations,
current enrollments in or previous completions of the
Impaired Driver Accountability Program, or convictions
as described in subparagraphs a, b, and c of this
paragraph; or
4. The revocation of the driving privilege of any person under
Section 6-205, 6-205.1, 753, or 754 of this title shall not run
concurrently with any other revocation of driving privilege under
Section 6-205, 6-205.1, 753, or 754 of this title resulting from a
different incident.
B. The driving privilege of a person who is convicted of any
offense as provided in paragraph 3 or 6 of subsection A of Section
6-205 of this title shall be revoked or denied by Service Oklahoma
for the following period, as applicable:
1. The first license revocation shall be for one hundred eighty
(180) days, which shall be modified upon request; provided, any
modification under this paragraph shall apply to Class D driver
licenses only;
2. A revocation shall be for a period of one (1) year if within
ten (10) years preceding the date of arrest relating thereto, as
shown by the records of Service Oklahoma:
a.
a prior revocation commenced pursuant to paragraph 2,
3, or 6 of subsection A of Section 6-205 of this
title, or Section 753 or 754 of this title,
b.
a prior revocation commenced pursuant to paragraph 2,
3, or 6 of subsection A of Section 6-205 of this title
or Section 753 or 754 of this title, or current
enrollment in or previous completion of the Impaired
Driver Accountability Program, or
c.
the record of the person reflects a prior conviction
in another jurisdiction which did not result in a
Oklahoma Statutes - Title 47. Motor Vehicles
revocation of Oklahoma driving privileges, for a
violation substantially similar to paragraph 2, 3, or
6 of subsection A of Section 6-205 of this title, and
the person was not a resident or a licensee of
Oklahoma at the time of the offense resulting in the
conviction.
Such period shall not be modified; or
3. A revocation shall be for a period of three (3) years if
within ten (10) years preceding the date of arrest relating thereto,
as shown by the records of Service Oklahoma:
a.
two or more prior revocations commenced pursuant to
paragraph 2 or 6 of subsection A of Section 6-205 of
this title, or Section 753 or 754 of this title,
b.
two or more prior revocations commenced pursuant to
paragraph 2 or 6 of subsection A of Section 6-205 of
this title or Section 753 or 754 of this title, or two
or more current enrollments in or previous completions
of the Impaired Driver Accountability Program,
c.
the record of the person reflects two or more prior
convictions in another jurisdiction which did not
result in a revocation of Oklahoma driving privileges,
for a violation substantially similar to paragraph 2
or 6 of subsection A of Section 6-205 of this title,
and the person was not a resident or licensee of
Oklahoma at the time of the offense resulting in the
conviction, or
d.
any combination of two or more prior revocations,
current enrollments in or previous completions of the
Impaired Driver Accountability Program, or convictions
as described in subparagraphs a and b or c of this
paragraph.
Such period shall not be modified.
The revocation of the driving privilege of any person under this
subsection shall not run concurrently with any other withdrawal of
driving privilege resulting from a different incident and which
requires the driving privilege to be withdrawn for a prescribed
amount of time. A denial based on a conviction of any offense as
provided in paragraph 6 of subsection A of Section 6-205 of this
title shall become effective on the first day the convicted person
is otherwise eligible to apply for and be granted driving privileges
if the person was not eligible to do so at the time of the
conviction.
C. For the purposes of this section:
1. The term "conviction" includes a juvenile delinquency
adjudication by a court or any notification from a court pursuant to
Section 6-107.1 of this title; and
Oklahoma Statutes - Title 47. Motor Vehicles
2. The term "revocation" includes a denial of driving
privileges by Service Oklahoma.
D. Each period of revocation in subsection A of this section
shall be mandatory and neither Service Oklahoma nor any court shall
grant driving privileges based upon hardship or otherwise for the
duration of that period, except under the Impaired Driver
Accountability Program in accordance with the rules of the Board of
Tests for Alcohol and Drug Influence.
E. Any appeal of a revocation or denial of driving privileges
in subsection A of this section shall be governed by Section 6-211
of this title.
Added by Laws 1988, c. 242, § 2, eff. Nov. 1, 1988. Amended by Laws
1992, c. 217, § 11, eff. July 1, 1992; Laws 1993, c. 314, § 2,
emerg. eff. June 7, 1993; Laws 1994, c. 2, § 15, emerg. eff. March
2, 1994; Laws 1994, c. 243, § 4, eff. Sept. 1, 1994; Laws 1996, c.
309, § 6, eff. Nov. 1, 1996; Laws 1999, c. 106, § 3, emerg. eff.
April 19, 1999; Laws 2000, 1st Ex. Sess., c. 8, § 18, eff. July 1,
2000; Laws 2002, c. 86, § 4, emerg. eff. April 17, 2002; Laws 2003,
c. 108, § 2, eff. Nov. 1, 2003; Laws 2004, c. 390, § 7, eff. July 1,
2004; Laws 2006, c. 311, § 18, emerg. eff. June 8, 2006; Laws 2007,
c. 326, § 11, eff. Nov. 1, 2007; Laws 2009, c. 388, § 3, eff. Nov.
1, 2009; Laws 2010, c. 345, § 2, eff. Nov. 1, 2010; Laws 2011, c.
373, § 3, eff. Nov. 1, 2011; Laws 2013, c. 393, § 1, eff. Oct. 1,
2013; Laws 2017, c. 392, § 6, eff. Nov. 1, 2017; Laws 2019, c. 400,
§ 4, eff. Nov. 1, 2019; Laws 2021, c. 487, § 4, eff. Nov. 1, 2021;
Laws 2022, c. 376, § 1, eff. Nov. 1, 2022; Laws 2023, c. 310, § 19,
eff. July 1, 2023; Laws 2024, c. 265, § 2, eff. Nov. 1, 2024.
NOTE: Laws 1993, c. 238, § 3 repealed by Laws 1994, c. 2, § 34,
emerg. eff. March 2, 1994.
§47-6-205.2. Disqualification from driving privileges for certain
convictions or acts - Driving while disqualified.
A. As used in this section:
1. “Conviction” means:
a.
a nonvacated adjudication of guilt,
b.
a determination that a person has violated or failed
to comply with this section in any court or by Service
Oklahoma following an administrative determination,
c.
a nonvacated forfeiture of bail or collateral
deposited to secure a person’s appearance in court,
d.
a plea of guilty or nolo contendere accepted by the
court,
e.
the payment of any fine or court costs, or
f.
a violation of a condition of release without bail,
regardless of whether or not the penalty is rebated,
suspended or probated;
Oklahoma Statutes - Title 47. Motor Vehicles
2. “Tribe” means a federally recognized Indian tribe within the
geographic boundaries of this state; and
3. “Qualified court” means those tribal court systems that have
adopted the Tribal Law and Order Act of 2010.
B. Service Oklahoma shall disqualify any person from operating
a Class A, B or C commercial motor vehicle for a period of not less
than one (1) year upon receiving a record of conviction of any of
the following disqualifying offenses, when the conviction has become
final:
1. Driving, operating or being in actual physical control of a
Class A, B or C commercial motor vehicle while having a blood or
breath alcohol concentration, as defined in Section 756 of this
title, or as defined by the state in which the arrest occurred, of
four-hundredths (0.04) or more;
2. Refusing to submit to a test for determination of alcohol
concentration, as required by Section 751 of this title, or as
required by the state in which the arrest occurred, while operating
a Class A, B or C commercial motor vehicle, or if the person is the
holder of a commercial driver license, committing the offense while
operating any vehicle;
3. Driving or being in actual physical control of a Class A, B
or C commercial motor vehicle while under the influence of alcohol
or any other intoxicating substance or the combined influence of
alcohol and any other intoxicating substance, or if the person is
the holder of a commercial driver license, committing the offense
while operating any vehicle. Provided, Service Oklahoma shall not
additionally disqualify, pursuant to this subsection, if the
person’s driving privilege has been disqualified in this state
because of a test result or test refusal pursuant to paragraph 1 or
2 of this subsection as a result of the same violation arising from
the same incident;
4. Knowingly leaving the scene of a collision which occurs
while operating a Class A, B or C commercial motor vehicle, or if
the person is the holder of a commercial driver license, committing
the offense while operating any vehicle;
5. Any felony during the commission of which a Class A, B or C
commercial motor vehicle is used, except a felony involving the
manufacture, distribution or dispensation of a controlled dangerous
substance, or if the person is the holder of a commercial driver
license, committing the offense while operating any vehicle;
6. Operating a commercial motor vehicle while the commercial
driving privilege is revoked, suspended, canceled, denied, or
disqualified;
7. Manslaughter homicide, or negligent homicide occurring as a
direct result of negligent operation of a commercial motor vehicle,
or, if the person is the holder of a commercial driver license,
committing the offense while operating any vehicle;
Oklahoma Statutes - Title 47. Motor Vehicles
8. Fraud related to examination for or issuance of a commercial
learner permit or a Class A, B or C driver license; or
9. Failure to submit to skills or knowledge reexamination, or
both, for the purpose of issuance of a commercial learner permit or
a Class A, B or C driver license within thirty (30) days of receipt
of notification from the Department.
C. Service Oklahoma shall disqualify any person from operating
a Class A, B or C commercial motor vehicle for a period of not less
than three (3) years upon receiving a record of conviction of any of
the disqualifying offenses described in subsection B of this
section, committed in connection with the operation of a motor
vehicle which is required to be placarded for hazardous materials
under 49 C.F.R., Part 172, subpart F, when the conviction has become
final.
D. Service Oklahoma shall disqualify any person from operating
a Class A, B or C commercial motor vehicle for life upon receiving a
record of conviction in any court of any of the disqualifying
offenses described in subsection B of this section after a former
conviction of any of the following disqualifying offenses, when the
second conviction has become final.
Service Oklahoma may promulgate rules establishing conditions
under which a disqualification for life pursuant to the provisions
of this subsection may be reduced to a period of not less than ten
(10) years provided a previous lifetime disqualification has not
been reduced.
E. Service Oklahoma shall disqualify any person from operating
a Class A, B or C commercial motor vehicle for life upon receiving a
record of conviction for any felony related to the manufacture,
distribution or dispensation of a controlled dangerous substance in
the commission of which a Class A, B or C commercial motor vehicle
is used, or if the person is the holder of a commercial driver
license, committing the offense while operating any vehicle, when
the conviction has become final, or for a felony conviction of human
trafficking while operating a commercial motor vehicle, when the
conviction has become final.
F. Service Oklahoma shall disqualify any person from operating
a Class A, B or C commercial motor vehicle for sixty (60) days upon
receiving a record of a second conviction of the person for a
serious traffic offense arising out of separate transactions or
occurrences within a three-year period, when the convictions have
become final. Service Oklahoma shall disqualify any person from
operating a Class A, B or C commercial motor vehicle for one hundred
twenty (120) days upon receiving a record of a third conviction of a
person for a serious traffic offense arising out of separate
transactions or occurrences within a three-year period, when the
convictions have become final; provided, the one-hundred-twenty-day
period shall run in addition to and shall not run concurrently with
Oklahoma Statutes - Title 47. Motor Vehicles
any other period disqualification imposed pursuant to this
subsection. As used in this subsection, “serious traffic offense”
shall mean any of the following offenses committed while operating a
commercial motor vehicle:
1. Speeding fifteen (15) miles per hour or more over the limit;
2. Reckless driving;
3. Any traffic offense committed that results in or in
conjunction with a motor vehicle collision resulting in a fatality;
4. Erratic or unsafe lane changes;
5. Following too closely;
6. Failure to obtain a commercial driver license;
7. Failure to have in possession of the person a commercial
driver license;
8. Failure to have:
a.
the proper class of commercial driver license for the
class of vehicle being operated,
b.
the proper endorsement or endorsements for the type of
vehicle being operated, including, but not limited to,
passengers or type of cargo being transported, or
c.
both proper class and proper endorsement, as provided
in subparagraphs a and b of this paragraph;
9. Operating a commercial motor vehicle while using a cellular
telephone or electronic communication device to write, send or read
a text-based communication; or
10. Operating a commercial motor vehicle while using a handheld mobile telephone.
For the purposes of paragraphs 9 and 10 of this subsection,
operating a commercial motor vehicle and using an electronic
communication device or a hand-held mobile telephone is permissible
by the operator when necessary to communicate with law enforcement
officials or other emergency services. Further, for the purposes of
paragraphs 9 and 10 of this subsection, “operate” means operating on
a street or highway including while temporarily stationary because
of traffic, a traffic control device or other momentary delays.
Operating does not include when the driver of a commercial motor
vehicle has moved the vehicle to the side of or off a street or
highway and has halted in a location where the vehicle can safely
remain stationary.
G. Upon the receipt of a person’s record of conviction of
violating a lawful out-of-service order, when the conviction becomes
final Service Oklahoma shall disqualify the driving privilege of the
person as follows:
1. For a first conviction for violating an out-of-service
order:
a.
except as provided in subparagraph b of this
paragraph, the period of disqualification shall be for
one hundred eighty (180) days, or
Oklahoma Statutes - Title 47. Motor Vehicles
b.
while transporting hazardous materials required to be
placarded under the Hazardous Materials Transportation
Act, 49 U.S.C.A. Section 5103 et seq., or while
operating a motor vehicle designed for transport of
sixteen (16) or more passengers, including the driver,
the period of disqualification shall be for one (1)
year;
2. For a second conviction within ten (10) years for violating
an out-of-service order:
a.
except as provided in subparagraph b of this
paragraph, the period of disqualification shall be for
two (2) years, or
b.
while transporting hazardous materials required to be
placarded under the Hazardous Materials Transportation
Act, 49 U.S.C.A. Section 5103 et seq., or while
operating a motor vehicle designed for transport of
sixteen (16) or more passengers, including the driver,
the period of disqualification shall be for three (3)
years; and
3. For a third or subsequent conviction within ten (10) years
for violating an out-of-service order, the period of
disqualification shall be for three (3) years.
H. Upon determination by Service Oklahoma that fraudulent
information was used to apply for or obtain a Class A, B or C driver
license, Service Oklahoma shall disqualify the driving privilege of
the applicant or licensee for a period of sixty (60) days.
I. Any person who drives a Class A, B or C commercial motor
vehicle on any public roads, streets, highways, turnpikes or any
other public place of this state at a time when the person has been
disqualified or when the privilege to do so is canceled, denied,
suspended or revoked shall be guilty of a misdemeanor and upon
conviction shall be punished by a fine of not less than One Hundred
Dollars ($100.00) and not more than Five Hundred Dollars ($500.00),
or by imprisonment for not more than one (1) year, or by both such
fine and imprisonment. Each act of driving as prohibited shall
constitute a separate offense.
J. Upon the receipt of the record of a conviction of a person
of a railroad highway grade crossing offense in a commercial motor
vehicle, pursuant to Sections 11-701 or 11-702 of this title or
Section 11-1115 of this title, or upon receipt of an equivalent
conviction from any state, when the conviction becomes final,
Service Oklahoma shall disqualify the driving privileges of the
person convicted as follows:
1. The first conviction shall result in disqualification for
sixty (60) days;
2. The second conviction within three (3) years shall result in
disqualification for one hundred twenty (120) days; and
Oklahoma Statutes - Title 47. Motor Vehicles
3. The third or subsequent conviction within three (3) years
shall result in disqualification for one (1) year.
K. Service Oklahoma, upon receipt of a written notice of
immediate disqualification issued by the Federal Motor Carrier
Safety Administration under 49 CFR 383.52, shall immediately
disqualify the person’s commercial driving privilege for the period
of time specified on the written notice.
L. The periods of disqualification as defined by this section
shall not be modified. A person may not be granted driving
privileges to operate a Class A, B or C commercial vehicle until the
disqualification is reinstated.
M. When any record of conviction, as specified in this section,
is received by the Department and pertains to a nonresident operator
of a Class A, B or C commercial motor vehicle, or if the nonresident
operator is the holder of a commercial driver license, a record of
the conviction pertaining to the nonresident operator of any
vehicle, Service Oklahoma shall not disqualify the person and shall
report the conviction to the licensing jurisdiction in which the
license of the nonresident to operate the commercial vehicle was
issued.
N. Any person who is disqualified from driving under the
provisions of this section shall have the right of appeal, as
provided in Section 6-211 of this title.
Added by Laws 1990, c. 219, § 33, eff. April 1, 1992. Amended by
Laws 1991, c. 309, § 4, eff. April 1, 1992; Laws 1992, c. 217, § 12,
eff. July 1, 1992; Laws 1993, c. 238, § 4, emerg. eff. May 26, 1993;
Laws 1997, c. 193, § 2, eff. Nov. 1, 1997; Laws 1999, c. 229, § 3,
eff. Nov. 1, 1999; Laws 2000, c. 277, § 9, eff. Nov. 1, 2000; Laws
2001, c. 309, § 1, eff. Nov. 1, 2001; Laws 2002, c. 169, § 1, eff.
Oct. 1, 2002; Laws 2003, c. 392, § 15, eff. July 1, 2003; Laws 2004,
c. 149, § 7, eff. Sept. 30, 2005; Laws 2004, c. 390, § 8, eff. July
1, 2004; Laws 2005, c. 394, § 3, emerg. eff. June 6, 2005; Laws
2006, c. 311, § 19, emerg. eff. June 8, 2006; Laws 2012, c. 207, §
3, emerg. eff. May 8, 2012; Laws 2013, c. 259, § 7, eff. Nov. 1,
2013; Laws 2015, c. 214, § 1, eff. Nov. 1, 2015; Laws 2022, c. 409,
§ 2, emerg. eff. May 27, 2022; Laws 2024, c. 452, § 49, emerg. eff.
June 14, 2024.
§47-6-205.3. Expired license while in prison — Extension period —
Replacement license.
A. Any person who held a valid, unexpired Oklahoma driver
license upon imprisonment in the custody of the Department of
Corrections which expired within the last three (3) years during the
person’s term of imprisonment, shall have the expiration date of his
or her driver license extended for a period of six (6) months after
he or she is released from the custody of the Department of
Oklahoma Statutes - Title 47. Motor Vehicles
Corrections. Upon release from custody, Service Oklahoma shall mail
a replacement driver license to an address provided by the person.
B. Service Oklahoma and the Department of Corrections shall
enter into a data-sharing agreement to facilitate the exchange of
necessary data to carry out the provisions of this section.
C. Service Oklahoma and the Department of Corrections are
authorized to promulgate rules and procedures to implement the
provisions of this section.
Added by Laws 2025, c. 137, § 1, eff. July 1, 2026.
§47-6-206. Authority of Department to suspend license or privilege.
A. Whenever any person is convicted or pleads guilty in any
court having jurisdiction over offenses committed under Section 1101 et seq. of this title, or any other act or municipal ordinance
or act or ordinance of another state regulating the operation of
motor vehicles on highways, such court shall make immediate report
to Service Oklahoma setting forth the name of the offender, the
number of the driver license and the penalty imposed. Said report
shall be submitted by the judge or the clerk of the court upon forms
furnished or approved by Service Oklahoma.
B. Service Oklahoma, upon receipt of said report or upon
receipt of a report of a conviction in another state relating to the
operation of a motor vehicle, may in its discretion suspend the
driving privilege of such person for such period of time as in its
judgment is justified, subject to the limitations provided in this
title or any other act or municipal ordinance regulating the
operation of motor vehicles on highways. Any action taken by
Service Oklahoma shall be in addition to the penalty imposed by the
court subject to the limitations outlined by statute.
C. Service Oklahoma, upon receipt of a report of a conviction
in another state relating to the operation of a motor vehicle, may
in its discretion suspend the driving privilege of such person. Any
action taken by Service Oklahoma shall not exceed the penalty
imposed by a court or Service Oklahoma in the State of Oklahoma for
a violation substantially similar to the conviction in the other
jurisdiction which did not result in a revocation of Oklahoma
driving privileges.
D. Following receipt of a notice of any nonpayment of fine and
costs for a moving traffic violation with a recommendation of
suspension of driving privileges of a defendant from any court
within this state, as provided for in Section 983 of Title 22 of the
Oklahoma Statutes, Service Oklahoma shall suspend the driving
privilege of the named person no earlier than one hundred eighty
(180) days after giving notice as provided in Section 2-116 of this
title. A person whose license is subject to suspension pursuant to
this section may avoid the effective date of the suspension or, if
Oklahoma Statutes - Title 47. Motor Vehicles
suspended, shall be eligible for reinstatement, if otherwise
eligible, upon:
1. Making application to Service Oklahoma;
2. Showing proof of payment of the total amount of the fine and
cost or a release from the court or court clerk; and
3. Submitting the processing and reinstatement fees, as
provided for in Section 6-212 of this title.
Provided, however, in cases of hardship, as determined by the
court, or proof of enrollment in a federal or state government
assistance program, including, but not limited to, Social Security
or the Supplemental Nutrition Assistance Program, the person shall
be placed on a payment plan by the court, and the court shall send a
release to Service Oklahoma for reinstatement purposes. The court
may submit another suspension request pursuant to this section if
the person fails to honor the payment plan and it is found that the
person is financially able but willfully refuses or neglects to
honor the payment plan. In such case, Service Oklahoma shall again
suspend the person's driving privilege for nonpayment of fine and
costs for the same moving traffic violation. Upon reinstatement
after suspension for nonpayment of fine and costs for a moving
traffic violation Service Oklahoma may remove such record of
suspension from the person's driving record and retain an internal
record for audit purposes. A court within this state may order
Service Oklahoma to waive any requirement that fines and costs be
satisfied by a person prior to that person being eligible for a
provisional license provided under Section 6-212 of this title.
E. Upon the receipt of a record of conviction for eluding or
attempting to elude a peace officer, Service Oklahoma shall suspend
the driving privilege of the person:
1. For the first conviction as indicated on the driving record
of the person, for a period of six (6) months;
2. For the second conviction as indicated on the driving record
of the person, for a period of one (1) year. Such period shall not
be modified; and
3. For the third or subsequent conviction as indicated on the
driving record of the person, for a period of three (3) years. Such
period shall not be modified.
F. Any person whose driving privilege is so suspended under the
provisions of this section shall have the right of appeal, as
provided in Section 6-211 of this title.
Added by Laws 1961, p. 348, § 6-206, eff. Sept. 1, 1961. Amended by
Laws 1984, c. 254, § 1, eff. Nov. 1, 1984; Laws 1988, c. 242, § 3,
eff. Nov. 1, 1988; Laws 1990, c. 259, § 5, eff. Sept. 1, 1990; Laws
1991, c. 335, § 14, emerg. eff. June 15, 1991; Laws 1999, c. 291, §
1, emerg. eff. May 27, 1999; Laws 2003, c. 392, § 16, eff. July 1,
2003; Laws 2006, c. 311, § 20, emerg. eff. June 8, 2006; Laws 2016,
Oklahoma Statutes - Title 47. Motor Vehicles
c. 189, § 1, eff. Nov. 1, 2016; Laws 2021, c. 487, § 5, eff. Nov. 1,
2021; Laws 2022, c. 282, § 69, emerg. eff. May 19, 2022.
NOTE: Laws 1990, c. 219, § 34 repealed by Laws 1991, c. 335, § 36,
emerg. eff. June 15, 1991.
§47-6-206.1. Driver improvement or defensive driving course.
A. A driver improvement or defensive driving course is a course
which offers an educational setting and provides for driving
concepts which encourage attitude or behavioral changes in the
responsibility of operating a motor vehicle in a safe and
responsible manner.
B. It shall be the responsibility of the institution or
organization to provide:
1. Adequate facilities which meet or exceed state and local
fire, health and safety codes;
2. Adequate equipment, in good working order, and instructional
materials for such courses;
3. Qualified instructors who shall:
a.
possess an undergraduate degree, have possessed an
instructor’s license pursuant to Section 804 of this
title for at least five (5) years, or be a peace
officer certified by the Council on Law Enforcement
Education and Training (CLEET),
b.
have no alcohol or drug-related convictions or
revocations in the past five (5) years,
c.
have no more than five (5) points accumulated on the
driving record in the past three (3) years in
accordance with the Oklahoma Mandatory Point System,
d.
have a valid Oklahoma driver license, and
e.
complete a course of training through the approved
organization or institution;
4. A course of study designed to inform the participant of
driver improvement and defensive driving concepts while encouraging
attitude or behavioral changes in the responsibility of operating a
motor vehicle in a safe and responsible manner. The curriculum,
which means the complete lesson plans which include instructional
strategy, presentation methods and resources utilized to incorporate
the concepts of traffic safety, must provide for but not be limited
to the following:
a.
driver personality traits - behavioral attitudes,
b.
driver qualifications and limitations,
c.
effects of alcohol and other drugs, and
d.
current accident prevention and defensive driving
techniques: speed control, perception, reactions,
lane positioning, safe turning and passing, occupant
restraints, following distance and rules of the road;
and
Oklahoma Statutes - Title 47. Motor Vehicles
5. Provide at least four (4) hours of classroom instruction.
C. Organizations or institutions desirous of making application
shall submit the following to the Department of Public Safety:
1. Evidence of organizational or institutional status which
meet statutory requirements;
2. Copy of proposed course curriculum which includes lesson
objectives, presentation materials, instructional strategy and
resources utilized;
3. Certification that instructors meet statutory requirements;
and
4. Upon Department of Public Safety approval, the organization
or institution shall be considered for point credits as set forth in
this section.
D. The Department of Public Safety is authorized to grant a
two-point credit towards the Oklahoma Point System Regulations to
any person who successfully completes a course pursuant to this
section provided only one such course shall be acknowledged once
every twenty-four (24) months.
E. The Department, upon giving of notice and hearing, may
decline to grant credit points to any organization or institution
for:
1. Unethical conduct of an instructor or official of an
institution or organization;
2. Failure to satisfactorily resolve citizens’ complaints;
3. Falsifying or misrepresenting any document or information to
the Department or student;
4. Failure of an organization or instructor to meet statutory
requirements;
5. Conflict of interest by the organization or institution
and/or its personnel; or
6. Failure of an organization, institution or instructor to
continue to meet statutory requirements as provided for in this
section.
F. Course enrollment shall be limited to not more than thirty
students.
G. Enrollment in the course shall not be limited to persons
ordered to enroll, attend and successfully complete the course.
H. The organization or institution shall within fifteen (15)
days of the completion certify to the Department of Public Safety
all persons who successfully complete the course on a form approved
or furnished by the Department. This shall include the person’s
full name, address, date of birth and driver license number.
I. Department personnel shall be admitted to any course without
charge, upon request and display of proper credentials.
J. Each organization or institution shall develop auditing
procedures which could be utilized to show compliance with this
section.
Oklahoma Statutes - Title 47. Motor Vehicles
K. Any point credit allowed must comply with the Department’s
Point System Regulations.
Added by Laws 1991, c. 309, § 5, eff. July 1, 1991. Amended by Laws
1992, c. 217, § 13, eff. July 1, 1992; Laws 1992, c. 373, § 8, eff.
July 1, 1992; Laws 1998, c. 345, § 2, eff. Nov. 1, 1998; Laws 2002,
c. 49, § 2, eff. Nov. 1, 2002; Laws 2004, c. 15, § 1, emerg. eff.
March 23, 2004; Laws 2024, c. 450, § 5, eff. Nov. 1, 2024.
§47-6-207. Authority of department to deny application for or
cancel license for certain ailments; appeal.
Whenever Service Oklahoma is furnished with information or, from
the records on file in Service Oklahoma, it is established that the
holder of a driver license is afflicted with a physical disease with
a history of seizures, or mental disease, or momentary lapses of
consciousness or any other ailment which may result in temporary
loss of control or partial control of a motor vehicle, Service
Oklahoma may, in its discretion, execute an order of cancellation of
any driver license issued to such individual, or, should such
information be available at the time of application for a driver
license, Service Oklahoma may execute an order denying the issuance
of said license to any such individual and shall cause any such
license that may have been issued to be picked up or to be delivered
to Service Oklahoma as specified for other such orders. Every
physician or surgeon, including doctors of medicine and osteopathy,
examining, attending or treating an individual for any illness or
injury that would impair the ability of the individual in any manner
as to affect the performance of the person to operate a motor
vehicle, may make a written report of the diagnosis to Service
Oklahoma. Service Oklahoma may, in its discretion, suspend or
cancel the license of such person for such period of time as in its
judgment is justified.
In addition thereto, any person or physician or any medical
personnel participating in good faith and without negligence or
malicious intent in making of a report pursuant to this act shall
have the immunity from civil liability that might otherwise be
incurred or imposed. Any such participant shall have the same
immunity with respect to participation in any judicial proceeding
resulting from such report.
Provided further that, in any proceeding resulting from a report
made pursuant to this act or in any proceeding where such a report
or any contents thereof are sought to be introduced in evidence,
such report or contents or any other fact or facts related thereto,
or the condition of the individual who is the subject of the report
shall only be admitted in evidence in actions regarding the
revocation, suspension, cancellation or denial of the subject's
driver's license and shall not be considered to be a public record
provided that the report shall not be excluded on the ground that
Oklahoma Statutes - Title 47. Motor Vehicles
the matter is or may be the subject of a physician-patient privilege
or similar privilege or rule against disclosure.
Any person whose license has been canceled or denied under the
provisions of this section shall have the right of appeal from said
order, as provided under Section 6-211 of this title.
Added by Laws 1961, p. 348, § 6-207, emerg. eff. Sept. 1, 1961.
Amended by Laws 1975, c. 137, § 1, emerg. eff. May 19, 1975; Laws
1990, c. 219, § 35, eff. June 1, 1990; Laws 2022, c. 282, § 70,
emerg. eff. May 19, 2022.
§47-6-208. Period of suspensions - Renewal or restoration of
license.
Service Oklahoma shall not suspend a driver license or privilege
to drive a motor vehicle on the public roads, streets, highways,
turnpikes or other public place for a period of more than one (1)
year, except as otherwise provided by law.
Added by Laws 1961, p. 348, § 6-208, emerg. eff. Sept. 1, 1961.
Amended by Laws 1982, c. 273, § 2, operative Oct. 1, 1982; Laws
1984, c. 254, § 2, eff. Nov. 1, 1984; Laws 1988, c. 242, § 4, eff.
Nov. 1, 1988; Laws 2022, c. 282, § 71, emerg. eff. May 19, 2022.
§47-6-208.1. Authority of Service Oklahoma to decline to process
certain requests for suspension or revocation of license.
If action by Service Oklahoma to suspend, revoke, cancel or deny
the driver license of any person is based in whole or in part upon
the receipt of a record of conviction, report, affidavit or other
written instrument from any court, court clerk, law enforcement
officer, public agency, public officer or public employee and such
documentation is not received by Service Oklahoma within six (6)
months from the date which in the judgment of Service Oklahoma it
should have been received, then Service Oklahoma may decline to
process such documentation and may decline to take action to
suspend, revoke, cancel or deny the driver license of such person,
notwithstanding any other provision of law.
Added by Laws 1986, c. 250, § 12, operative July 1, 1987. Amended
by Laws 2024, c. 11, § 11, emerg. eff. April 18, 2024.
§47-6-208.3.
Repealed by Laws 1999, c. 229, § 4, eff. Nov. 1, 1999.
§47-6-209. Surrender and return of license - Seizure of license.
A. Service Oklahoma upon canceling or denying the driver
license of a person or upon suspending or revoking the driving
privilege of a person shall require that the driver license of the
person be surrendered to Service Oklahoma. When the statutory
requirements for reinstatement are met in accordance with Oklahoma
Statutes, the person shall apply for a new driver license from
Service Oklahoma; provided Service Oklahoma has determined that the
Oklahoma Statutes - Title 47. Motor Vehicles
licensee is a person not prohibited from holding a driver license
under Section 6-103 of this title, and has successfully completed
the customary written, physical and driving tests, if such tests are
required. Identification of the person shall be verified through
the driver license digital file of Service Oklahoma.
B. Service Oklahoma, upon entering an order canceling or
denying a driver license or suspending or revoking the driving
privilege of a person, shall forward a copy of the order to the
licensee pursuant to the provisions of Section 2-116 of this title
and request the immediate return of the driver license to Service
Oklahoma. Failure to comply with the order of Service Oklahoma
shall constitute a misdemeanor and, upon conviction, the person
shall be punished by a fine of not less than Fifty Dollars ($50.00)
nor more than One Hundred Dollars ($100.00).
C. Any peace officer of this state may seize the license of any
person who, according to Service Oklahoma records, is under
suspension, cancellation, revocation or denial under the provisions
of this title. The officer shall immediately forward the license to
Service Oklahoma.
D. No person shall have a property interest in the physical
driver license issued pursuant to the laws of this state. It shall
be the duty of every person whose driving privilege has been
suspended, canceled or revoked to immediately surrender his or her
driver license upon the request of any peace officer or
representative of Service Oklahoma.
Added by Laws 1961, p. 349, § 6-209, eff. Sept. 1, 1961. Amended by
Laws 1986, c. 279, § 14, operative July 1, 1986; Laws 1987, c. 226,
§ 4, operative July 1, 1987; Laws 1990, c. 219, § 36, eff. June 1,
1990; Laws 1992, c. 217, § 14, eff. July 1, 1992; Laws 1993, c. 238,
§ 5, emerg. eff. May 26, 1993; Laws 1994, c. 218, § 5, eff. April 1,
1995; Laws 2013, c. 75, § 2, eff. Nov. 1, 2013; Laws 2024, c. 11, §
12, emerg. eff. April 18, 2024.
§47-6-210. No operation under foreign license during suspension or
revocation in this state.
Any resident or nonresident whose driver's license or privilege
to operate a motor vehicle in this state has been denied, canceled,
suspended or revoked as provided in this chapter shall not operate a
motor vehicle in this state under a license, permit or registration
certificate issued by any other jurisdiction or otherwise during
such suspension or after such revocation until a new license is
obtained when and as permitted under this chapter.
Amended by Laws 1990, c. 219, § 37, eff. Jan. 1, 1991; Laws 1991, c.
309, § 6, eff. July 1, 1991.
§47-6-211.
Right of appeal to district court.
Oklahoma Statutes - Title 47. Motor Vehicles
A. Any person denied driving privileges, or whose driving
privilege has been canceled, denied, suspended or revoked by Service
Oklahoma, except where such cancellation, denial, suspension or
revocation is mandatory, under the provisions of Section 6-205 of
this title, or disqualified by Service Oklahoma, under the
provisions of Section 6-205.2 or 761 of this title, shall have the
right of appeal to the district court as hereinafter provided.
Proceedings before the district court shall be exempt from the
provisions of the Oklahoma Pleading and Discovery codes, except that
the appeal shall be by petition, without responsive pleadings. The
district court is hereby vested with original jurisdiction to hear
the petition.
B. A person whose driving privilege is denied, canceled,
revoked or suspended due to inability to meet standards prescribed
by law, or due to an out-of-state conviction or violation, or due to
an excessive point accumulation on the traffic record, or for an
unlawful license issued, may appeal in the county in which the
person resides.
C. Any person whose driving privilege is canceled, denied,
suspended or revoked may appeal to the district court in the county
in which the offense was committed upon which Service Oklahoma based
its order.
D. A person whose driving privilege is subject to revocation
pursuant to Section 753 or 754 of this title may appeal to the
district court in the county in which the arrest occurred relating
to the test refusal or test result, as shown by the records of
Service Oklahoma.
E. The petition must be filed within thirty (30) days after the
notice of revocation, pursuant to Section 753 or 754 of this title,
has been mailed to the person by Service Oklahoma pursuant to
Section 2-116 of this title. The petition shall contain a
description of the facts and circumstances of the underlying
incident sufficient to determine the arresting law enforcement
agency, the date of the incident, and the date of receipt of the
notice. It shall be the duty of the district court to enter an
order setting the matter for hearing not less than thirty (30) days
and not more than sixty (60) days from the date the petition is
filed. For the purposes of this section, the hearing shall include,
but is not limited to, a status hearing, scheduling conference,
and/or other examination of the merits of the petition. Nothing in
this section shall require that final disposition of the matter is
to be completed within sixty (60) days, so long as the court has
conducted a hearing as set forth above. A certified copy of
petition and the order for hearing shall be served forthwith by the
petitioner to the office of Service Oklahoma by certified mail at
Service Oklahoma, Oklahoma City, Oklahoma.
Oklahoma Statutes - Title 47. Motor Vehicles
F. Upon a hearing relating to a revocation or disqualification
pursuant to a conviction for an offense enumerated in Section 6-205,
6-205.2 or 761 of this title, the court shall not consider the
propriety or merits of the revocation or disqualification action,
except to correct the identity of the person convicted as shown by
records of Service Oklahoma.
G. Service Oklahoma shall take no action on a sworn report of a
law enforcement officer not received by Service Oklahoma after the
expiration of one hundred eighty (180) days of the arrest of the
person. In no event shall a court award costs or fees, including
attorney fees, based upon the records of Service Oklahoma that do
not reflect the receipt of the sworn report as described in this
subsection.
H. The court shall take testimony and examine the facts and
circumstances, including all of the records on file in the office of
Service Oklahoma relative to the offense committed and the driving
record of the person, and determine from the facts, circumstances,
and records whether or not the petitioner is entitled to driving
privileges or shall be subject to the order of denial, cancellation,
suspension or revocation issued by Service Oklahoma. In case the
court finds that the order was not justified, the court may sustain
the appeal, vacate the order of Service Oklahoma and direct that
driving privileges be restored to the petitioner, if otherwise
eligible.
I. The testimony of any hearing pursuant to this section shall
be taken by the court stenographer and preserved for the purpose of
appeal and, in case Service Oklahoma files notice of appeal from the
order of the court as provided herein, the court shall order and
direct the court clerk to prepare and furnish a complete transcript
of all pleadings and proceedings, together with a complete
transcript taken at the hearing at no cost to Service Oklahoma,
except the cost of transcribing.
J. Upon Service Oklahoma's receipt of a petition challenging
Service Oklahoma's action against the driving privileges of any
person under this title, Service Oklahoma shall withhold taking the
action which is the subject of the appeal or stay the order which is
the subject of the appeal. During the pendency of the appeal,
Service Oklahoma shall grant or restore driving privileges to the
person if the person is otherwise eligible.
K. An appeal may be taken by the person or by Service Oklahoma
from the order or judgment of the district court to the Supreme
Court of the State of Oklahoma as otherwise provided by law.
Added by Laws 1961, p. 349, § 6-211, eff. Sept. 1, 1961. Amended by
Laws 1969, c. 88, § 1, emerg. eff. March 24, 1969; Laws 1988, c.
242, § 5, eff. Nov. 1, 1988; Laws 1990, c. 219, § 38, eff. Jan. 1,
1991; Laws 1994, c. 243, § 5, eff. Sept. 1, 1994; Laws 1997, c. 420,
§ 3, emerg. eff. June 13, 1997; Laws 1999, c. 139, § 3, eff. Nov. 1,
Oklahoma Statutes - Title 47. Motor Vehicles
1999; Laws 2000, 1st Ex. Sess., c. 8, § 19, eff. July 1, 2000; Laws
2003, c. 392, § 17, eff. July 1, 2003; Laws 2006, c. 311, § 21,
emerg. eff. June 8, 2006; Laws 2011, c. 373, § 4, eff. Nov. 1, 2011;
Laws 2019, c. 400, § 5, eff. Nov. 1, 2019; Laws 2022, c. 376, § 2,
eff. Nov. 1, 2022; Laws 2023, c. 310, § 20, eff. July 1, 2023; Laws
2025, c. 330, § 10, eff. July 1, 2025.
§47-6-212. Reinstatement fees - Conditions for reinstatement Provisional license.
A. Service Oklahoma shall not assess and collect multiple
reinstatement fees when reinstating the driving privilege of any
person having more than one suspension or revocation affecting the
person’s driving privilege at the time of reinstatement.
B. Service Oklahoma shall:
1. Suspend or revoke a person’s driving privilege as delineated
within the Oklahoma Statutes; and
2. Require any person having more than one suspension or
revocation affecting the person’s driving privilege to meet the
statutory requirements for each action as a condition precedent to
the reinstatement of any driving privilege. Provided, however,
reinstatement fees shall not be cumulative, and a single
reinstatement fee, as provided for in subsection C of this section,
shall be paid for all suspensions or revocations as shown by Service
Oklahoma’s records at the time of reinstatement.
C. Whenever a person’s privilege to operate a motor vehicle is
suspended or revoked pursuant to any provision as authorized by the
Oklahoma Statutes, the license or privilege to operate a motor
vehicle shall remain under suspension or revocation and shall not be
reinstated until:
1. The expiration of each such revocation or suspension order;
2. The person has paid to Service Oklahoma:
a.
if such privilege is suspended or revoked pursuant to
Section 1115.5 of Title 22 of the Oklahoma Statutes or
pursuant to any provisions of this title, except as
provided in subparagraph b of this paragraph, a
processing fee of Twenty-five Dollars ($25.00) for
each such suspension or revocation as shown by Service
Oklahoma’s records, or
b.
(1) if such privilege is suspended or revoked
pursuant to the provisions of Section 6-205, 6205.1, 7-612, 753, 754 or 761 of this title or
pursuant to subsection A of Section 7-605 of this
title for a conviction for failure to maintain
the mandatory motor vehicle insurance required by
law or pursuant to subsection B of Section 6-206
of this title for a suspension other than for
points accumulation, a processing fee of Seventy-
Oklahoma Statutes - Title 47. Motor Vehicles
five Dollars ($75.00) for each such suspension or
revocation as shown by Service Oklahoma’s
records, and a special assessment trauma-care fee
of Two Hundred Dollars ($200.00) to be deposited
into the Trauma Care Assistance Revolving Fund
created in Section 1-2530.9 of Title 63 of the
Oklahoma Statutes, for each suspension or
revocation as shown by the records of Service
Oklahoma, and
(2) in addition to any other fees required by this
section, if such privilege is suspended or
revoked pursuant to an arrest under the
provisions of paragraph 2 or 6 of subsection A of
Section 6-205 of this title or of Section 753,
754 or 761 of this title, a fee of Fifteen
Dollars ($15.00), which shall be apportioned
pursuant to the provisions of Section 3-460 of
Title 43A of the Oklahoma Statutes; and
3. The person has paid to Service Oklahoma a single
reinstatement fee of Twenty-five Dollars ($25.00).
Service Oklahoma shall notify the license holder within three (3)
days of reinstatement that the license holder shall apply for a new
driver license pursuant to subsection A of Section 6-209 of this
title.
D. Service Oklahoma shall enter into agreements with persons
whose license to operate a motor vehicle or commercial motor vehicle
has been suspended or revoked, for issuance of a provisional license
subject to any restrictions imposed by law or a court order. The
provisional license would allow such persons to drive from 6:00 a.m.
to 11:59 p.m. Driving privileges for a provisional license are
limited from 12:00 a.m. to 5:59 a.m. to driving:
1. Between their place of residence and their place of
employment or potential employment;
2. During the scope and course of their employment;
3. Between their place of residence and a college, university
or technology center;
4. Between their place of residence and their child’s school or
day care provider;
5. Between their place of residence and a place of worship; or
6. Between their place of residence and any court-ordered
treatment program,
with the condition that such persons pay a minimum total of Five
Dollars ($5.00) per month toward the satisfaction of outstanding
fees, including, but not limited to, provisional license fees,
warrant fees, court costs or fees, driver license or commercial
driver license reinstatement fees. Service Oklahoma may suspend or
revoke a provisional license pursuant to this section if the person
Oklahoma Statutes - Title 47. Motor Vehicles
fails to honor the payment plan. The person may re-enroll in the
provisional driver license program.
E. Any person convicted of an offense specified in paragraph 1,
4, or 8 of subsection A of Section 6-205 of this title shall not be
eligible for a provisional license.
F. Any violation of law by the person holding the provisional
license that would result in the suspension or revocation of a
driver license, except for the failure to pay fines, fees, or other
financial obligations if the person is participating in a payment
plan, shall result in the revocation of the provisional license.
G. Eligibility for a provisional license shall not take into
consideration any outstanding fines and fees owed, including, but
not limited to, warrant fees, court costs or fees, driver license or
commercial driver license reinstatement fees.
H. A person with a suspended driver license shall not have to
take a driver license test to be eligible for a provisional license,
provided the suspended license has not expired.
I. The Department of Corrections shall provide inmates with
relevant documentation to obtain a provisional license as provided
in subsection D of this section before being released from custody.
The Department of Corrections shall develop rules and procedures
necessary to implement the provisions of this subsection.
J. Service Oklahoma shall develop rules and procedures
necessary to implement the provisions of this section except as
otherwise provided by this title.
K. For each fiscal year:
1. Two Hundred Fifty Thousand Dollars ($250,000.00) of all
monies collected each month pursuant to this section shall be
apportioned as provided in Section 1104 of this title, except as
otherwise provided in this section; and
2. Except as otherwise provided in this section, all other
monies collected in excess of Two Hundred Fifty Thousand Dollars
($250,000.00) each month shall be deposited in the General Revenue
Fund.
Added by Laws 1982, c. 276, § 1, emerg. eff. May 18, 1982. Amended
by Laws 1983, c. 286, § 21, operative July 1, 1983; Laws 1984, c.
264, § 11, operative July 1, 1984; Laws 1986, c. 279, § 15,
operative July 1, 1986; Laws 1987, c. 5, § 152, emerg. eff. March
11, 1987; Laws 1987, c. 226, § 5, operative July 1, 1987; Laws 1990,
c. 219, § 39, eff. Jan. 1, 1991; Laws 1994, c. 218, § 6, eff. April
1, 1995; Laws 2001, c. 361, § 7, eff. July 1, 2001; Laws 2002, c.
474, § 5, emerg. eff. June 6, 2002; Laws 2004, c. 396, § 1, eff.
Nov. 1, 2004; Laws 2004, c. 530, § 1, eff. Sept. 1, 2004; Laws 2007,
c. 326, § 12, eff. Nov. 1, 2007; Laws 2008, c. 401, § 18, eff. Nov.
1, 2008; Laws 2011, c. 226, § 1; Laws 2013, c. 274, § 1, eff. Nov.
1, 2013; Laws 2015, c. 97, § 3, eff. Nov. 1, 2015; Laws 2017, c.
392, § 7, eff. Nov. 1, 2017; Laws 2019, c. 400, § 6, eff. Nov. 1,
Oklahoma Statutes - Title 47. Motor Vehicles
2019; Laws 2021, c. 487, § 6, eff. Nov. 1, 2021; Laws 2022, c. 282,
§ 73, emerg. eff. May 19, 2022; Laws 2025, c. 137, § 2, eff. July 1,
2026.
§47-6-212.1.
1995.
Repealed by Laws 1994, c. 218, § 12, eff. April 1,
§47-6-212.2. Required completion of alcohol and drug assessment and
evaluation.
A. Whenever the records of Service Oklahoma reflect a
conviction of a person pursuant to Section 11-902 of this title or
an alcohol- or drug-related revocation or suspension of the driving
privileges of that person pursuant to the provisions of paragraph 2
or 6 of subsection A of Section 6-205 or to Section 6-205.1, 6-206,
753, 754 or 761 of this title, the person shall participate in an
alcohol and drug assessment and evaluation by an assessment agency
or assessment personnel certified by the Department of Mental Health
and Substance Abuse Services for the purpose of evaluating the
person's receptivity to treatment and prognosis. As determined by
the assessment, the person shall enroll in, attend and successfully
complete the appropriate alcohol and drug substance abuse course
certified by the Department of Mental Health and Substance Abuse
Services or an alcohol or other drug treatment program or both. The
alcohol and drug substance abuse course shall consist of either ten
(10) hours or twenty-four (24) hours of instruction and shall
conform with the provisions of Section 3-453 of Title 43A of the
Oklahoma Statutes. For purposes of this subsection, the requirement
for alcohol and drug substance abuse evaluation shall be considered
satisfied if the person is evaluated by an assessment agency or
assessment personnel certified for that purpose, all recommendations
identified by the evaluation are satisfied by the person, and a
report of such evaluation and completion is presented to the court
prior to sentencing and to Service Oklahoma.
B. If the assessment agency or assessment personnel in
subsection A of this section determine that the person would likely
benefit from a United-States-Food-and-Drug-Administration-approved
medication-assisted treatment that is indicated for alcohol
dependence or opioid dependence, the assessment agency or assessment
personnel shall refer the defendant to a licensed physician for
further evaluation. Only a licensed physician may recommend that a
defendant take medication-assisted treatment, and the defendant
shall maintain the right to refuse the medication.
C. The requirements of subsection A of this section shall be a
condition for reinstatement of driving privileges, in addition to
other conditions for driving privilege reinstatement provided by
law.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1985, c. 204, § 1, eff. Nov. 1, 1985. Amended by Laws
1988, c. 242, § 7, eff. Nov. 1, 1988; Laws 1990, c. 265, § 64, eff.
Sept. 1, 1990; Laws 1993, c. 339, § 3, eff. Sept. 1, 1993; Laws
1996, c. 162, § 2, eff. Nov. 1, 1996; Laws 2000, c. 189, § 2, eff.
July 1, 2000; Laws 2001, c. 27, § 4, eff. Nov. 1, 2001; Laws 2003,
c. 178, § 2, eff. July 1, 2003; Laws 2019, c. 400, § 7, eff. Nov. 1,
2019; Laws 2022, c. 282, § 74, emerg. eff. May 19, 2022; Laws 2022,
c. 376, § 3, eff. Nov. 1, 2022.
§47-6-212.3. Ignition interlock device - Duration - Violations.
A. 1. Whenever the installation of an ignition interlock
device is allowed or required by law, the person shall pay a
restricted driver license fee of Fifty Dollars ($50.00). The
restricted driver license and the driving record of the person shall
indicate by an appropriate restriction that the person is only
authorized to operate a vehicle upon which an approved and properly
functioning ignition interlock device is installed.
2. The restricted driver license fee authorized by this section
shall be remitted to the State Treasurer to be credited to the
Service Oklahoma Revolving Fund. All monies accruing to the credit
of the Service Oklahoma Revolving Fund from the restricted driver
license fees shall be budgeted and expended solely for the purpose
of administering the provisions of this section.
3. The installation of an ignition interlock device, as
required by this section, shall not be construed to authorize the
person to drive unless the person is otherwise eligible to drive.
B. Installation of an ignition interlock device shall run
concurrently with a court order, if any, for installation of an
ignition interlock device pursuant to the same conviction.
C. Installation of an ignition interlock device pursuant to
participation in the Impaired Driver Accountability Program shall be
credited towards any requirement for the installation of an ignition
interlock device pursuant to any court order requiring the
installation of an ignition interlock device arising out of the same
incident.
D. The person shall be required to have installed an ignition
interlock device approved by the Board of Tests for Alcohol and Drug
Influence, at his or her own expense, and comply with all provisions
of law regarding ignition interlock devices.
E. The ignition interlock device manufacturer shall report
violations, if any, in accordance with the rules of the Board of
Tests for Alcohol and Drug Influence for each ignition interlock
device installed pursuant to this section and Section 6-205.1 of
this title.
F. Service Oklahoma shall promulgate rules necessary to
implement and administer the provisions of this section.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 2005, c. 167, § 1, eff. Nov. 1, 2005. Amended by Laws
2005, c. 394, § 18, eff. Sept. 1, 2005; Laws 2011, c. 373, § 5, eff.
Nov. 1, 2011; Laws 2012, c. 283, § 6, eff. July 1, 2012; Laws 2013,
c. 393, § 2, eff. Oct. 1, 2013; Laws 2017, c. 392, § 8, eff. Nov. 1,
2017; Laws 2019, c. 400, § 8, eff. Nov. 1, 2019; Laws 2022, c. 376,
§ 4, eff. Nov. 1, 2022; Laws 2024, c. 265, § 3, eff. Nov. 1, 2024.
§47-6-212.4. Revocation, suspension, cancellation or denial of
driving privileges.
All revocation, suspension, cancellation and/or denial periods
of time of driving privileges as provided in this chapter shall be
considered served upon successful graduation from an Oklahoma Drug
Court Program created and administered pursuant to the Oklahoma Drug
Court Act and the Oklahoma Department of Mental Health and Substance
Abuse Services, unless evidence of drug and/or alcohol use occurring
post-graduation is acquired by Service Oklahoma. This waiver of
time applies only to Class D driving privileges. Notwithstanding
the foregoing, this section does not require Service Oklahoma to
grant driving privileges to an individual not otherwise eligible.
Electronic notification of graduation from an Oklahoma Drug Court
Program shall be provided to Service Oklahoma by the court clerk in
the county where said program is situated. Such electronic
notification shall be consistent with the provisions of Section 18101 of this title or by any other method approved by Service
Oklahoma.
Added by Laws 2012, c. 168, § 1, eff. Nov. 1, 2012. Amended by Laws
2022, c. 282, § 75, emerg. eff. May 19, 2022.
§47-6-212.5. Impaired Driver Accountability Program.
A. The Impaired Driver Accountability Program (IDAP)
established by the Department of Public Safety is hereby transferred
to the Board of Tests for Alcohol and Drug Influence for impaired
driving arrests occurring on or after November 1, 2022. The Board
of Tests for Alcohol and Drug Influence shall charge an
administrative fee of One Hundred Fifty Dollars ($150.00) to each
person entered into IDAP. One Hundred Dollars ($100.00) of each
administrative fee shall be deposited in the General Revenue Fund of
the State Treasury. Twenty-five Dollars ($25.00) of each
administrative fee shall be deposited in the Department of Public
Safety Restricted Revolving Fund. Twenty-five Dollars ($25.00) of
each administrative fee shall be deposited in the Board of Tests for
Alcohol and Drug Influence Revolving Fund. The Board of Tests for
Alcohol and Drug Influence shall promulgate rules necessary to
administer the program. The IDAP rules shall require, at a minimum:
1. Installation of an approved ignition interlock device for
the periods set forth in Section 6-205.1 of this title;
2. A description of ignition interlock violations;
Oklahoma Statutes - Title 47. Motor Vehicles
3. A description of criteria to determine acceptable
participation in the program;
4. Required violation-free periods of no less than ninety (90)
days at the end of each program to demonstrate compliance by the
participant;
5. Criteria for medical exemptions from ignition interlock
requirements for persons submitting a pulmonologist’s certification
indicating the person has a documented medical condition preventing
the person from providing a breath sample of at least one and twotenths (1.2) liters. Medical exemptions shall not be construed to
grant the person driving privileges during the revocation;
6. Criteria for granting employer exceptions to ignition
interlock requirements in vehicles owned or leased by the employer.
Employer exceptions under this paragraph shall not be construed to
relieve the person from completing the Impaired Driver
Accountability Program. Employer exceptions under this paragraph
are only authorized for revocations imposed in accordance with
paragraph 1 of subsection A of Section 6-205.1 of this title; and
7. Criteria for granting affordability accommodations to
persons on public assistance programs or whose family income is at
or below one hundred fifty percent (150%) of the federal poverty
level.
B. Upon successful completion of the program, in accordance
with the rules of the Board of Tests for Alcohol and Drug Influence,
the person will be provided a completion certificate. Upon
presentation of the IDAP completion certificate and documentation
required by Section 6-212.2 of this title and payment of the
required statutory fees, Service Oklahoma will reinstate the driving
privileges of the person, if otherwise eligible.
C. The Board is authorized to promulgate rules necessary to
regulate ignition interlock devices and the providers of such
devices, which shall be subject to suspension or revocation in
accordance with the rules promulgated by the Board. The Board is
authorized to charge appropriate fees for operations incidental to
its required duties and responsibilities. No interlock provider
utilizing a lease, clause, or contractual agreement that authorizes
the provider to impound, physically immobilize, or seize a vehicle
for outstanding debts or arrears may be licensed by the Board.
D. The Board is authorized to prescribe uniform standards and
conditions for, and to approve satisfactory methods, procedures,
techniques, devices, equipment, and records for, ignition interlock
device performance and data.
E. The Board is authorized to prescribe and approve the
requisite education and training for the performance of ignition
interlock services. The Board shall establish standards and
ascertain the qualifications and competence of individuals who
provide ignition interlock services and to issue permits to such
Oklahoma Statutes - Title 47. Motor Vehicles
individuals and service centers which shall be subject to suspension
or revocation in accordance with the rules promulgated by the Board.
F. The driving record of a person subject to revocation under
the provisions of Section 753 or 754 of this title contained in
paragraph 1 of subsection A of Section 6-205.1 of this title,
excluding those subject to revocation under the provisions of
paragraph 2 of subsection A of Section 6-205 of this title, who
enrolls in IDAP in accordance with this paragraph shall be updated
to indicate completion of IDAP without revocation, provided the
following requirements are satisfied:
1. At the time of the arrest, the person was a holder of a
Class D driver license and was not driving or in actual physical
control of a commercial motor vehicle;
2. The Board of Tests for Alcohol and Drug Influence receives
the request for IDAP participation and payment of the program
administration fee as set forth in this section within thirty (30)
calendar days from the date of the receipt of the revocation notice
from Service Oklahoma;
3. The person is otherwise eligible for driving privileges in
Oklahoma on the date he or she enrolls in IDAP;
4. The person provides proof of enrollment in IDAP to Service
Oklahoma and obtains a restricted driver license pursuant to Section
6-212.3 of this title prior to the revocation taking effect;
5. The person provides proof of completion of IDAP to Service
Oklahoma;
6. The person has complied with the reinstatement requirements
set forth in Section 6-212 of this title, including the payment of
any necessary fees;
7. The person provides proof of completion of the alcohol and
drug assessment and evaluation required by Section 6-212.2 of this
title; and
8. The person enrolling in IDAP in accordance with the
provisions of this subsection shall waive the right to file an
appeal pursuant to Section 6-211 of this title regarding the arrest
related to the IDAP enrollment.
Added by Laws 2019, c. 400, § 9, eff. Nov. 1, 2019. Amended by Laws
2022, c. 376, § 5, eff. Nov. 1, 2022; Laws 2024, c. 265, § 4, eff.
Nov. 1, 2024; Laws 2025, c. 418, § 1, emerg. eff. May 28, 2025.
§47-6-212.6.
Amended by Laws 2022, c. 376, § 8, eff. Nov. 1, 2022.
§47-6-212.7. Impaired Driving Prevention Advisory Committee —
Composition — Powers and duties.
A. There is hereby created the Impaired Driving Prevention
Advisory Committee. The Committee shall be comprised of:
1. The Commissioner of Public Safety, or a designee, who shall
act as the chair;
Oklahoma Statutes - Title 47. Motor Vehicles
2. The Chief of the Oklahoma Highway Patrol, or a designee;
3. A member appointed by the District Attorneys Council;
4. A member appointed by the Administrative Office of the
Courts;
5. The Commissioner of Mental Health and Substance Abuse
Services, or a designee;
6. The Director of the Oklahoma State Bureau of Investigation,
or a designee;
7. The State Director of Tests for Alcohol and Drug Influence,
or a designee;
8. The Director of the Oklahoma Highway Safety Office, or a
designee;
9. The President of the Oklahoma Association of Chiefs of
Police, or a designee;
10. The President of the Oklahoma Sheriff’s Association, or a
designee;
11. The Executive Director of Service Oklahoma, or a designee;
12. A member of the Board of Directors of Safety and Advocacy
For Empowerment (SAFE);
13. A representative designated by a victim advocacy group to
be selected by the Commissioner of Public Safety;
14. A member of the House of Representatives appointed by the
Speaker of the House of Representatives;
15. A member of the Senate appointed by the President Pro
Tempore of the Senate;
16. The State Commissioner of Health, or a designee;
17. The Executive Director of the Department of Transportation,
or a designee;
18. The Executive Director of the Oklahoma Medical Marijuana
Authority, or a designee;
19. The Executive Director of the State Board of Pharmacy, or a
designee;
20. The Executive Director of the Alcoholic Beverage Laws
Enforcement Commission, or a designee;
21. The Executive Director of the Oklahoma Turnpike Authority,
or a designee; and
22. The Executive Director of the Oklahoma Indigent Defense
System, or a designee.
B. The Department of Public Safety shall provide administrative
support necessary for the Committee to accomplish the goals and
objectives assigned by this section.
C. The Committee shall meet at the direction of the chair, and
shall meet not less than once a year, but not more than four times a
year. A vice chair shall be elected by the Committee from among its
members. The vice chair shall act as chair of the Committee in the
absence of the chair.
Oklahoma Statutes - Title 47. Motor Vehicles
D. The Committee is authorized to collect, analyze, and
interpret relevant crash data on impaired driving and associated
traffic crashes. In addition, the Committee is authorized to
review, evaluate, and monitor the impaired driving system of this
state and provide a network of communication and cooperation among
the various stakeholders to coordinate and integrate efforts and
resources to reduce the incidence and severity of impaired driving
crashes.
E. The Committee shall annually complete a statewide strategic
plan to reduce the incidents of impaired driving and impaired
driving crashes. The plan shall be submitted no later than December
31 of each year to the Governor, the President Pro Tempore of the
Senate, and the Speaker of the House of Representatives.
F. Members of the Committee who are otherwise employed by a
state agency or political subdivision shall serve without additional
compensation. Members of the Committee who are otherwise employed
by a state agency or political subdivision shall be entitled to
reimbursement for any actual and necessary traveling expenses in
accordance with the State Travel Reimbursement Act from the
employing agency.
Added by Laws 2024, c. 265, § 1, eff. Nov. 1, 2024. Amended by Laws
2025, c. 104, § 1, eff. Nov. 1, 2025.
§47-6-301. See the following versions:
OS 47-6-301v1 (SB 544, Laws 2025, c. 38, § 3)
OS 47-6-301v2 (HB 2104, Laws 2025, c. 486, § 516)
§47-6-301v1. Unlawful use of license or identification card.
It shall be unlawful for any person to commit any of the acts
specified in paragraph 1 or 2 of this section in relation to an
Oklahoma driver license or identification card authorized to be
issued by Service Oklahoma pursuant to the provisions of Sections 6101 through 6-309 of this title or any driver license or other
evidence of driving privilege or identification card authorized to
be issued by the state of origin.
1. It is a misdemeanor for any licensee:
a.
to display or cause or permit to be displayed one’s
own license after such license has been suspended,
revoked, or canceled or to possess one’s own license
after having received notice of its suspension,
revocation, or cancellation,
b.
to lend one’s own license or identification card to
any other person or knowingly permit the use thereof
by another,
c.
to display or cause or permit to be displayed or to
possess a license or identification card issued to
oneself which bears altered information concerning the
Oklahoma Statutes - Title 47. Motor Vehicles
2.
date of birth, expiration date, sex, height, eye
color, weight, or license or card number,
d.
to fail or refuse to surrender to Service Oklahoma
upon its lawful demand any license or identification
card which has been suspended, revoked, or canceled,
e.
to permit any unlawful use of a license or
identification card issued to oneself,
f.
to do any act forbidden or fail to perform any act
required by this chapter, excepting those acts as
provided in paragraph 2 of this section,
g.
to display or represent as one’s own any license or
identification card not issued to such person unless
under conditions provided in subparagraph e of
paragraph 2 of this section, or
h.
to add to, delete from, alter, or deface the required
information on a driver license or identification
card.
It is a felony for any person:
a.
to create, publish, or otherwise manufacture an
Oklahoma or other state license or identification card
or facsimile thereof, or to create, manufacture, or
possess an engraved plate or other such device, card,
laminate, digital image or file, or software for the
printing of an Oklahoma or other state license or
identification card or facsimile thereof, except as
authorized pursuant to this title,
b.
to display or cause or permit to be displayed or to
knowingly possess any state counterfeit or fictitious
license or identification card,
c.
to display or cause to be displayed or to knowingly
possess any state license or identification card
bearing a fictitious or forged name or signature,
d.
to display or cause to be displayed or to knowingly
possess any state license or identification card
bearing the photograph of any person, other than the
person named thereon as licensee,
e.
to display or represent as one’s own, any license or
identification card not issued to him or her, for the
purpose of committing a fraud in any commercial
transaction or to mislead a peace officer in the
performance of his or her duties, or
f.
to use a false or fictitious name in any application
for a license or identification card or to knowingly
make a false statement or to knowingly conceal a
material fact or otherwise commit a fraud in any such
application.
Oklahoma Statutes - Title 47. Motor Vehicles
3. It is a felony for any employee or person authorized to
issue or approve the issuance of licenses or identification cards
under this title to knowingly issue or attempt to issue a license or
identification card or to knowingly give approval for, cause, or
attempt to cause a license or identification card to be issued:
a.
to a person not entitled thereto,
b.
bearing erroneous information thereon, or
c.
bearing the photograph of a person other than the
person named thereon.
Such conduct shall be grounds for termination of employment of the
employee.
4. The violation of any of the provisions of paragraph 1 of
this section shall constitute a misdemeanor and shall, upon
conviction thereof, be punishable by a fine not less than Twentyfive Dollars ($25.00), nor more than Two Hundred Dollars ($200.00);
the violation of any of the provisions of paragraph 2 or 3 of this
section shall constitute a felony and shall, upon conviction
thereof, be punishable by a fine not to exceed Ten Thousand Dollars
($10,000.00) or a term of imprisonment in the custody of the
Department of Corrections not to exceed seven (7) years, or by both
such fine and imprisonment.
5. Notwithstanding any provision of this section, the
Department of Public Safety, through the Identity Verification Unit
established pursuant to Section 2-106.3 of this title, may, upon the
request of the chief administrator of a law enforcement, military,
or intelligence agency, authorize the issuance to and display and
possession by a person of a license which would otherwise be a
violation of this section, for the sole purpose of aiding in a
criminal investigation or a military or intelligence operation.
While acting pursuant to such authorization by the Department, such
person shall not be prosecuted for a violation under this section
unless the person exceeds the scope or duration of the Department’s
authorization. Upon termination of such investigation or operation
or upon request of the Department, the chief administrator of the
law enforcement agency that requests the issuance of the license and
the recipient of the license shall be jointly responsible to ensure
the license is promptly returned to the Department. The Department
and Service Oklahoma shall enter into interagency agreements as may
be necessary to fulfill the powers and duties set forth in this
paragraph. The Department may enter into interagency agreements
with law enforcement agencies that request issuance of such a
license to set forth the terms of the authorization for use of the
license, the terms for custody and control of the license, and the
terms for duration and revocation of authorization to use or possess
the license.
Added by Laws 1961, p. 351, § 6-301, eff. Sept. 1, 1961. Amended by
Laws 1980, c. 131, § 1, emerg. eff. April 14, 1980; Laws 1985, c.
Oklahoma Statutes - Title 47. Motor Vehicles
45, § 9, eff. Jan. 1, 1986; Laws 1990, c. 219, § 41, eff. Jan. 1,
1991; Laws 1997, c. 133, § 477, eff. July 1, 1999; Laws 1999, 1st
Ex. Sess., c. 5, § 344, eff. July 1, 1999; Laws 2001, c. 216, § 2,
eff. Nov. 1, 2001; Laws 2001, 1st Ex. Sess., c. 2, § 2, emerg. eff.
Oct. 8, 2001; Laws 2002, c. 86, § 5, emerg. eff. April 17, 2002;
Laws 2003, c. 392, § 18, eff. July 1, 2003; Laws 2004, c. 149, § 8,
eff. Nov. 1, 2004; Laws 2022, c. 282, § 76, emerg. eff. May 19,
2022; Laws 2025, c. 38, § 3, emerg. eff. May 3, 2025.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 477 from July 1, 1998, to July 1, 1999.
§47-6-301. Unlawful use of license or identification card.
It shall be unlawful for any person to commit any of the acts
specified in paragraph 1 or 2 of this section in relation to an
Oklahoma driver license or identification card authorized to be
issued by Service Oklahoma pursuant to the provisions of Sections 6101 through 6-309 of this title or any driver license or other
evidence of driving privilege or identification card authorized to
be issued by the state of origin.
1. It is a misdemeanor for any licensee:
a.
to display or cause or permit to be displayed one's
own license after such license has been suspended,
revoked or canceled or to possess one's own license
after having received notice of its suspension,
revocation, or cancellation,
b.
to lend one's own license or identification card to
any other person or knowingly permit the use thereof
by another,
c.
to display or cause or permit to be displayed or to
possess a license or identification card issued to
oneself which bears altered information concerning the
date of birth, expiration date, sex, height, eye
color, weight or license or card number,
d.
to fail or refuse to surrender to Service Oklahoma
upon its lawful demand any license or identification
card which has been suspended, revoked or canceled,
e.
to permit any unlawful use of a license or
identification card issued to oneself,
f.
to do any act forbidden or fail to perform any act
required by this chapter, excepting those acts as
provided in paragraph 2 of this section,
g.
to display or represent as one's own, any license or
identification card not issued to such person, unless
under conditions provided in subparagraph e of
paragraph 2 of this section, or
Oklahoma Statutes - Title 47. Motor Vehicles
h.
to add to, delete from, alter, or deface the required
information on a driver license or identification
card.
2. It is a felony for any person:
a.
to create, publish or otherwise manufacture an
Oklahoma or other state license or identification card
or facsimile thereof, or to create, manufacture or
possess an engraved plate or other such device, card,
laminate, digital image or file, or software for the
printing of an Oklahoma or other state license or
identification card or facsimile thereof, except as
authorized pursuant to this title,
b.
to display or cause or permit to be displayed or to
knowingly possess any state counterfeit or fictitious
license or identification card,
c.
to display or cause to be displayed or to knowingly
possess any state license or identification card
bearing a fictitious or forged name or signature,
d.
to display or cause to be displayed or to knowingly
possess any state license or identification card
bearing the photograph of any person, other than the
person named thereon as licensee,
e.
to display or represent as one's own, any license or
identification card not issued to him or her, for the
purpose of committing a fraud in any commercial
transaction or to mislead a peace officer in the
performance of his or her duties, or
f.
to use a false or fictitious name in any application
for a license or identification card or to knowingly
make a false statement or to knowingly conceal a
material fact or otherwise commit a fraud in any such
application.
3. It is a felony for any employee or person authorized to
issue or approve the issuance of licenses or identification cards
under this title to knowingly issue or attempt to issue a license or
identification card or to knowingly give approval for, cause, or
attempt to cause a license or identification card to be issued:
a.
to a person not entitled thereto,
b.
bearing erroneous information thereon, or
c.
bearing the photograph of a person other than the
person named thereon.
Such conduct shall be grounds for termination of employment of the
employee.
4. The violation of any of the provisions of paragraph 1 of
this section shall constitute a misdemeanor and shall, upon
conviction thereof, be punishable by a fine of not less than Twentyfive Dollars ($25.00), nor more than Two Hundred Dollars ($200.00);
Oklahoma Statutes - Title 47. Motor Vehicles
the violation of any of the provisions of paragraph 2 or 3 of this
section shall constitute a Class D1 felony offense and shall, upon
conviction thereof, be punishable by a fine not exceeding Ten
Thousand Dollars ($10,000.00), or a term of imprisonment as provided
for in subsections B through F of Section 20N of Title 21 of the
Oklahoma Statutes, or by both such fine and imprisonment.
5. Notwithstanding any provision of this section, Service
Oklahoma may, upon the request of the chief administrator of a law
enforcement, military, or intelligence agency, authorize the
issuance to and display, and possession by a person of a license
which would otherwise be a violation of this section, for the sole
purpose of aiding in a criminal investigation or a military or
intelligence operation. While acting pursuant to such authorization
by Service Oklahoma, such person shall not be prosecuted for a
violation under this section. Upon termination of such
investigation or operation or upon request, Service Oklahoma shall
forthwith cause such license to be returned to Service Oklahoma.
Added by Laws 1961, p. 351, § 6-301, eff. Sept. 1, 1961. Amended by
Laws 1980, c. 131, § 1, emerg. eff. April 14, 1980; Laws 1985, c.
45, § 9, eff. Jan. 1, 1986; Laws 1990, c. 219, § 41, eff. Jan. 1,
1991; Laws 1997, c. 133, § 477, eff. July 1, 1999; Laws 1999, 1st
Ex. Sess., c. 5, § 344, eff. July 1, 1999; Laws 2001, c. 216, § 2,
eff. Nov. 1, 2001; Laws 2001, 1st Ex. Sess., c. 2, § 2, emerg. eff.
Oct. 8, 2001; Laws 2002, c. 86, § 5, emerg. eff. April 17, 2002;
Laws 2003, c. 392, § 18, eff. July 1, 2003; Laws 2004, c. 149, § 8,
eff. Nov. 1, 2004; Laws 2022, c. 282, § 76, emerg. eff. May 19,
2022; Laws 2025, c. 486, § 516, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 477 from July 1, 1998, to July 1, 1999.
§47-6-302. Making false affidavit perjury.
Any person who makes any false affidavit, or knowingly swears or
affirms falsely to any matter or thing required by the terms of this
chapter to be sworn to or affirmed, is guilty of perjury, a Class C1
felony offense, and upon conviction shall be punishable by fine or
imprisonment as provided for in subsections B through E of Section
20L of Title 21 of the Oklahoma Statutes.
Added by Laws 1961, p. 351, § 6-302, eff. Sept. 1, 1961. Amended by
Laws 2025, c. 486, § 198, eff. Jan. 1, 2026.
§47-6-303. Driving without license or while license is canceled,
denied, suspended, or revoked – Penalties.
A. No person shall operate a motor vehicle upon the public
roads, streets, highways, turnpikes or other public place of this
state without having a valid driver license for the class of vehicle
being operated from Service Oklahoma, except as herein specifically
exempted.
Oklahoma Statutes - Title 47. Motor Vehicles
Any violation of the provisions of this subsection shall
constitute a misdemeanor and shall be punishable by a fine of not
less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars
($300.00) plus costs or by imprisonment for not more than thirty
(30) days, or by both such fine and imprisonment.
Any person charged with violating this section who produces in
court, on or before the court date, a renewal or replacement driver
license issued to him or her shall be entitled to dismissal of such
charge without payment of court costs and fine.
B. Any person who drives a motor vehicle on any public roads,
streets, highways, turnpikes or other public place of this state at
a time when the person's privilege to do so is canceled, denied,
suspended or revoked or at a time when the person is disqualified
from so doing shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine:
1. For a first conviction, of not less than One Hundred Dollars
($100.00) and not more than Five Hundred Dollars ($500.00);
2. For a second conviction, of not less than Two Hundred
Dollars ($200.00) and not more than Seven Hundred Fifty Dollars
($750.00);
3. For a third and subsequent conviction, of not less than
Three Hundred Dollars ($300.00) and not more than One Thousand
Dollars ($1,000.00),
or by imprisonment for not more than one (1) year or by both such
fine and imprisonment. Each act of driving on the highways as
prohibited shall constitute a separate offense.
C. Any person who drives a motor vehicle on any public roads,
streets, highways, turnpikes or other public roads of this state at
a time when the driving privilege of that person is canceled,
denied, suspended or revoked, pursuant to paragraph 1 of subsection
A of Section 6-205.1 of this title, shall be guilty of a misdemeanor
and upon conviction shall be punished by a fine:
1. For a first conviction, of not less than Five Hundred
Dollars ($500.00) and not more than One Thousand Dollars
($1,000.00);
2. For a second conviction, of not less than One Thousand
Dollars ($1,000.00) and not more than Two Thousand Dollars
($2,000.00);
3. For a third and subsequent conviction, of not less than Two
Thousand Dollars ($2,000.00) and not more than Five Thousand Dollars
($5,000.00),
or by imprisonment for not more than one (1) year or by both such
fine and imprisonment. Each act of driving on the highways as
prohibited shall constitute a separate offense.
D. Service Oklahoma, upon receiving a record of conviction of
an offense committed by any person whose license or privilege to
operate motor vehicles is under suspension or revocation, shall
Oklahoma Statutes - Title 47. Motor Vehicles
extend the period of such suspension or revocation for an additional
three-month period of time. The additional orders of suspension or
revocation shall be dated and become effective the day following the
date terminating the prior order of suspension or revocation.
E. Service Oklahoma, upon receiving a record of conviction of
an offense committed by any person whose license or privilege to
operate motor vehicles is under revocation, pursuant to paragraph 1,
2, or 3 of subsection A of Section 6-205.1 of this title, shall
extend the period of such revocation for an additional four-month
period of time. The additional orders of revocation shall be dated
and become effective the day following the date terminating the
prior order of revocation.
F. Service Oklahoma, upon receiving a record of conviction for
a person convicted of an offense specified in Section 11-905 of this
title, shall extend the period of such suspension, revocation or
denial of driving privilege for an additional twelve-month period of
time. The additional orders of suspension, revocation or denial of
driving privilege shall be dated and become effective the day
following the date terminating the prior order of suspension,
revocation or denial of driving privilege.
G. It shall be a misdemeanor punishable by imprisonment for not
less than seven (7) days nor more than six (6) months, or by a fine
of not more than Five Hundred Dollars ($500.00), or by both such
fine and imprisonment, for any person to apply for a renewal or a
replacement license to operate a motor vehicle while the person's
license, permit or other evidence of driving privilege is in the
custody of a law enforcement officer or Service Oklahoma. A notice
regarding this offense and the penalty therefor shall be included on
the same form containing the notice of revocation issued by the
officer.
H. Any fine collected pursuant to a second or subsequent
conviction, as provided in subsections B and C of this section,
shall be deposited to the Trauma Care Assistance Revolving Fund
created in Section 1-2530.9 of Title 63 of the Oklahoma Statutes.
I. Any person who drives a motorcycle or motor-driven cycle, as
defined in this title, on public roads, streets, highways, turnpikes
or other public place of this state without the proper endorsement
on a current state-issued license shall be guilty of a misdemeanor.
Any person charged with violating this section may request a sixmonth deferral for the purpose of obtaining the following:
1. Proof of successful completion of a Motorcycle Safety
Foundation rider course approved by Service Oklahoma; and
2. Proper motorcycle endorsement on the person's valid driver
license.
Upon presenting the court with proof of satisfaction of both
requirements within the deferral period, the offender shall be
Oklahoma Statutes - Title 47. Motor Vehicles
entitled to dismissal of the charge, and may be subject to a reduced
payment of court costs and fine.
J. Any person who operates a motor vehicle requiring an
endorsement or endorsements, as provided by Section 6-110.1 of this
title, on public roads, streets, highways, turnpikes or other public
places of this state without the proper endorsement on a current
state-issued license shall be guilty of a misdemeanor.
Added by Laws 1961, p. 351, § 6-303, eff. Sept. 1, 1961. Amended by
Laws 1967, c. 229, § 1, emerg. eff. May 2, 1967; Laws 1968, c. 176,
§ 1, emerg. eff. April 15, 1968; Laws 1982, c. 273, § 3, operative
Oct. 1, 1982; Laws 1984, c. 254, § 3, eff. Nov. 1, 1984; Laws 1988,
c. 242, § 8, eff. Nov. 1, 1988; Laws 1990, c. 219, § 42, eff. Jan.
1, 1991; Laws 1993, c. 97, § 5, eff. Sept. 1, 1993; Laws 2001, c.
337, § 1, eff. Nov. 1, 2001; Laws 2002, c. 86, § 6, emerg. eff.
April 17, 2002; Laws 2004, c. 387, § 1, eff. Nov. 1, 2004; Laws
2005, c. 1, § 52, emerg. eff. March 15, 2005; Laws 2007, c. 326, §
13, eff. Nov. 1, 2007; Laws 2009, c. 155, § 2, eff. July 1, 2009;
Laws 2015, c. 382, § 1, eff. Jan. 1, 2016; Laws 2016, c. 141, § 2,
eff. Nov. 1, 2016; Laws 2020, c. 137, § 2; Laws 2022, c. 282, § 77,
emerg. eff. May 19, 2022.
NOTE: Laws 2004, c. 390, § 9 repealed by Laws 2005, c. 1, § 53,
emerg. eff. March 15, 2005.
§47-6-304. Permitting unauthorized minor to drive.
No person shall cause or knowingly permit his child or ward
under the age of sixteen years to drive a motor vehicle upon any
highway when such minor is not authorized hereunder or in violation
of any of the provisions of this chapter.
Laws 1961, p. 352, § 6-304.
§47-6-305. Permitting unauthorized person to drive.
No person shall authorize or knowingly permit a motor vehicle
owned by him or under his control to be driven upon any highway by
any person who is not authorized hereunder or in violation of any of
the provisions of this chapter.
Laws 1961, p. 352, § 6-305.
§47-6-306. Employer permitting unlicensed or improperly licensed
person to drive.
No employer shall permit a person to operate a motor vehicle
under his control unless the person has a valid license for the
class of vehicle being operated.
Amended by Laws 1990, c. 219, § 43, eff. Jan. 1, 1991.
§47-6-307. Liability for knowingly permitting the operation by a
person not qualified.
Oklahoma Statutes - Title 47. Motor Vehicles
Any person as herein defined, who is the owner of any motor
vehicle and knowingly permits such motor vehicle to be operated by
any person who is not qualified to operate a motor vehicle under the
provisions of this act, shall be held civilly liable as a joint
tortfeasor for any unlawful act committed by such operator.
Laws 1961, p. 352, § 6-307.
§47-6-308. Penalty for misdemeanor.
A. It is a misdemeanor for any person to violate any of the
provisions of Section 6-101 et seq. of this title unless such
violation is by Section 6-101 et seq. of this title or other law of
this state declared to be a felony.
B. Unless another penalty is in Section 6-101 et seq. of this
title or by laws of this state provided, every person convicted of a
misdemeanor for the violation of any provision of Section 6-101 et
seq. of this title shall be punished by a fine of not more than Five
Hundred Dollars ($500.00) or by imprisonment for not more than six
(6) months, or by both such fine and imprisonment.
C. Service Oklahoma may, in addition to the penalty above,
suspend for a period not exceeding thirty (30) days the registration
certificate of a motor vehicle owned by any person who permits said
vehicle to be used in violation of Section 6-304, 6-305 or 6-306 of
this title. Service Oklahoma may suspend, for a period of not to
exceed six (6) months, the registration certificate of any motor
vehicle, when the owner permits said vehicle to be operated by an
individual whose driving privilege is under denial, cancellation,
suspension or revocation.
Laws 1961, p. 352, § 6-308, eff. Sept. 1, 1961. Amended by Laws
1992, c. 217, § 15, eff. July 1, 1992; Laws 2022, c. 282, § 78,
emerg. eff. May 19, 2022.
§47-6-309. Operation of Class D motor vehicle under Class A, B or C
commercial license.
Notwithstanding any other provision of law, any person who
lawfully possesses a valid Oklahoma Class A, B or C commercial
license shall be entitled to operate a Class D motor vehicle or
motorcycle or motor-driven cycle in accordance with the driver
license granted and the endorsements thereon until the expiration of
said license, except for any period of time in which the license has
been canceled, suspended or revoked.
Added by Laws 1990, c. 219, § 45, eff. Jan. 1, 1991. Amended by
Laws 1992, c. 217, § 16, eff. July 1, 1992; Laws 1993, c. 97, § 6,
eff. Sept. 1, 1993; Laws 1995, c. 23, § 10, eff. Nov. 1, 1995; Laws
2004, c. 521, § 6, eff. Nov. 1, 2004.
§47-7-101.
Commissioner of public safety to administer chapter.
Oklahoma Statutes - Title 47. Motor Vehicles
A. The Commissioner of Public Safety shall administer and
enforce the provisions of this chapter and may make rules and
regulations necessary for its administration.
B. The Commissioner shall provide for hearings upon request of
persons aggrieved by orders or acts of the Commissioner under the
provisions of this act.
C. The Commissioner shall prescribe and provide suitable forms
requisite or deemed necessary for the purposes of this chapter.
D. The Commissioner shall provide notice of any suspension of
driving privileges and any termination of a prior order of
suspension of driving privileges, pursuant to this chapter, to
Service Oklahoma.
Added by Laws 1961, p. 352, § 7-101, emerg. eff. Sept. 1, 1961.
Amended by Laws 2022, c. 282, § 79, emerg. eff. May 19, 2022.
§47-7-102. Court review.
Any order or act of the Department of Public Safety under the
provisions of this chapter shall be subject to review, at the
instance of any party in interest, by appeal to the district court
as provided for in Section 6-211 of this title.
Added by Laws 1961, p. 353, § 7-102, eff. Sept. 1, 1961. Amended by
Laws 2000, c. 189, § 3, eff. July 1, 2000.
§47-7-103. Definitions.
The following words and phrases when used in Title 47 of the
Oklahoma Statutes shall have the meanings respectively ascribed to
them in this section:
1. "Judgment" means any judgment which shall have become final
by expiration without appeal in the time within which an appeal
might have been perfected, or by final affirmation on appeal,
rendered by a court of competent jurisdiction of any state or of the
United States, upon a cause of action arising out of the ownership,
maintenance or use of any vehicle subject to registration under the
laws of this state, for damages, including damages for care and loss
of services, because of bodily injury to or death of any person, or
for damages because of injury to or destruction of property,
including the loss of use thereof, or upon a cause of action on an
agreement of settlement for the damages;
2. "Minimum liability insurance limits" means:
a.
for vehicle liability policies issued or renewed
before April 1, 2005:
(1) a limit of not less than Ten Thousand Dollars
($10,000.00) because of bodily injury to or death
of one person in any one accident,
(2) subject to the limit for one person as prescribed
in subparagraph a of this paragraph, a limit of
not less than Twenty Thousand Dollars
Oklahoma Statutes - Title 47. Motor Vehicles
($20,000.00) because of bodily injury to or death
of two or more persons in any one accident, and
(3) if the accident has resulted in injury to or
destruction of property, a limit of not less than
Ten Thousand Dollars ($10,000.00) because of
injury to or destruction of property of others in
any one accident, or
b.
for vehicle liability policies issued or renewed on or
after April 1, 2005:
(1) a limit of not less than Twenty-five Thousand
Dollars ($25,000.000) because of bodily injury to
or death of one person in any one accident,
(2) subject to the limit for one person as prescribed
in subparagraph a of this paragraph, a limit of
not less than Fifty Thousand Dollars ($50,000.00)
because of bodily injury to or death of two or
more persons in any one accident, and
(3) if the accident has resulted in injury to or
destruction of property to a limit of not less
than Twenty-five Thousand Dollars ($25,000.00)
because of injury to or destruction of property
of others in any one accident;
3. "Motor vehicle liability policy" means an owner's policy or
operator's policy of liability, as defined in this chapter, issued
by an insurance carrier duly authorized to transact business in this
state, to or for the benefit of the person named therein as insured.
With respect to a policy which grants coverage in excess of or in
addition to minimum liability insurance limits, the term motor
vehicle liability policy shall apply only to that part of the
coverage which is required by minimum liability insurance limits;
and
4. "Proof of financial responsibility" means proof of ability
to respond in damages for liability at the minimum liability
insurance limits:
a.
resulting from accidents occurring subsequent to the
effective date of the proof,
b.
arising out of the ownership, maintenance or use of a
vehicle subject to registration under the laws of this
state.
Added by Laws 2009, c. 62, § 1, eff. Nov. 1, 2009.
§47-7-116. Damage limitation - Compulsory Insurance Law.
A. Except as provided in subsection B of this section, in any
civil action to recover damages arising out of an accident involving
the operation of a motor vehicle or for any claim against the motor
vehicle liability insurance coverage of another party, the maximum
amount that a plaintiff or claimant may receive, if the plaintiff or
Oklahoma Statutes - Title 47. Motor Vehicles
claimant is not in compliance with the Compulsory Insurance Law,
shall be limited to the amount of medical costs, property damage,
and lost income and shall not include any award for pain and
suffering.
B. The limitations provided for in subsection A of this section
shall not apply:
1. If the plaintiff or claimant was injured by a motorist who
at the time of the accident was operating or using a motor vehicle
while under the influence of drugs or alcohol in violation of any
provision of law relating to the illegal operation or use of a motor
vehicle while under the influence of drugs or alcohol, and that
motorist:
a.
was convicted of, or pled guilty or nolo contendere
to, the offense, or
b.
dies as a result of the accident if it is proven by a
preponderance of the evidence that the motorist was
operating or using the motor vehicle while under the
influence of drugs or alcohol in violation of any
provision of law relating to the illegal operation or
use of a motor vehicle while under the influence of
drugs or alcohol;
2. If the plaintiff or claimant was a passenger in a motor
vehicle involved in the accident, unless the plaintiff or claimant
is an owner of the vehicle;
3. If the plaintiff or claimant was not in any motor vehicle
involved in the accident;
4. To wrongful death claims;
5. If the motorist who caused the accident:
a.
intentionally caused the accident,
b.
left the scene of the accident, or
c.
at the time of the accident, was acting in furtherance
of the commission of a felony;
6. If, at the time of the accident, the plaintiff or claimant
was claimed as a dependent on the federal income tax return of one
or both parents of the plaintiff or claimant and the parent or
parents were not in compliance with the Compulsory Insurance Law; or
7. If, at the time of the accident, the plaintiff or claimant
previously had been covered by an insurance policy meeting the
requirements of the Compulsory Insurance Law that was terminated or
nonrenewed for failure to pay the premium, unless at least thirty
(30) days prior to the accident notice of termination was sent to
the last-known mailing address of the policyholder.
C. Each person who is involved in the accident which is the
basis for the action or claim by the plaintiff or claimant and who
is found liable for damages to the plaintiff or claimant may assert
the limitation of recovery provided for in subsection A of this
section, unless the provisions of subsection B of this section
Oklahoma Statutes - Title 47. Motor Vehicles
apply. The motor vehicle liability insurer of the person asserting
the limitation of recovery also may assert the limitation.
Added by Laws 2011, c. 366, § 1, eff. Nov. 1, 2011.
§47-7-201. Application of Article II.
The provisions of this chapter, requiring deposit of security,
filing of proof of financial responsibility, and suspensions for
failure to deposit security or file proof of financial
responsibility, subject to certain exemptions, shall apply to the
driver and owner of any vehicle of a type subject to registration
under the motor vehicle laws of this state which is in any manner
involved in an accident upon the highways and elsewhere throughout
the state, which accident has resulted in bodily injury to or death
of any person or damage to the property of any one person in excess
of Three Hundred Dollars ($300.00).
Laws 1961, p. 353, § 7-201; Laws 1965, c. 187, § 1, emerg. eff. June
8, 1965; Laws 1972, c. 160, § 1; Laws 1980, c. 100, § 1, eff. Oct.
1, 1980; Laws 1980, c. 235, § 1, eff. Jan. 1, 1981.
§47-7-202. Department to determine amount of security required Notices.
A. The Department of Public Safety, not less than twenty (20)
days after receipt of a report of an accident, as described in
Section 7-201 of this title, shall determine the amount of security
which shall be sufficient in its judgment to satisfy any judgment or
judgments for damages resulting from the accident, based on the
reports or other information submitted to the Department, as may be
recovered against each driver or owner. The determination shall not
be made with respect to drivers or owners who are exempt under
Section 7-203 of this title from the requirements as to security and
suspension.
B. The Department, not less than fifty (50) days after receipt
of report of an accident as described in Section 7-201 of this title
and upon determining the amount of security to be required of any
person involved in the accident or to be required of the owner of
any vehicle involved in the accident shall give written notice
pursuant to the provisions of Section 2-116 of this title to every
person of the amount of security required to be deposited by him or
her and that an order of suspension will be made to become effective
upon the expiration of ten (10) days after the sending of the notice
unless within that time security be deposited as required by the
notice.
Added by Laws 1961, p. 354, § 7-202, eff. Sept. 1, 1961. Amended by
Laws 1986, c. 279, § 17, operative July 1, 1986; Laws 2009, c. 62, §
2, eff. Nov. 1, 2009.
§47-7-203.
Exceptions to requirement of security.
Oklahoma Statutes - Title 47. Motor Vehicles
The provisions in this chapter requiring security, proof of
financial responsibility, and suspension in this article shall not
apply:
1. To the driver or owner if the owner had in effect at the
time of the accident a motor vehicle liability policy with respect
to the vehicle involved in the accident; provided, a driver shall
not be exempt under this paragraph if at the time of the accident
the vehicle was being operated without the permission, express or
implied, of the owner;
2. To the driver, if not the owner of the vehicle involved in
the accident, if there was in effect at the time of the accident a
motor vehicle liability policy with respect to the operation of
vehicles not owned by the driver;
3. To a driver or owner whose liability for damages resulting
from the accident is, in the judgment of the Department, covered by
any other form of motor vehicle liability insurance policy;
4. To any person qualifying as a self-insurer under Section 7503 of this title or to any person operating a vehicle for the selfinsurer;
5. To the driver or the owner of a vehicle involved in an
accident wherein no injury or damage was caused to the person or
property of anyone other than the driver or owner, unless the
vehicle is being operated without the permission of the owner,
express or implied;
6. To the driver or owner of a vehicle which at the time of the
accident was parked, unless the vehicle was parked at a place where
parking was at the time of the accident prohibited under any
applicable law or ordinance;
7. To the owner of a vehicle if at the time of the accident the
vehicle was being operated without the permission of the owner,
express or implied, or was parked by a person who had been operating
the vehicle without permission of the owner, express or implied;
8. To the owner of a vehicle involved in an accident if at the
time of the accident the vehicle was owned by or leased to the
United States, this state or any political subdivision of this state
or a municipality thereof, or to the driver of the vehicle if
operating the vehicle with permission; or
9. To the driver or the owner of a vehicle if at the time of
the accident the vehicle was being operated by or under the
direction of a peace officer who, in the performance of his or her
duties, shall have assumed custody of the vehicle.
Added by Laws 1961, p. 354, § 7-203. Amended by Laws 1965, c. 187,
§ 2, emerg. eff. June 8, 1965; Laws 2009, c. 62, § 3, eff. Nov. 1,
2009.
§47-7-204.
Policy requirements.
Oklahoma Statutes - Title 47. Motor Vehicles
A. No motor vehicle liability policy shall be considered
effective to provide any exemption under Section 7-203 of this title
unless;
1. The policy is issued by an insurance company authorized to
do business in this state, except as provided in subsection B of
this section; and
2. The policy provides, if the accident has resulted in bodily
injury or death or property injury or destruction, exclusive of
interest and costs, not less than minimum liability insurance
limits.
B. No motor vehicle liability policy shall be considered
effective to provide any exemption under Section 7-203 of this title
with respect to any vehicle which was not registered in this state
at the effective date of the policy or the most recent renewal
thereof, unless the insurance company issuing the policy is
authorized to do business in this state or in the state of
registration.
C. The Department of Public Safety may rely upon the accuracy
of the information in a required report of an accident as to the
existence of a motor vehicle liability policy unless and until the
Department has reason to believe that the information is erroneous.
Added by Laws 1961, p. 355, § 7-204, eff. Sept. 1, 1961. Amended by
Laws 1980, c. 235, § 2, eff. Jan. 1, 1981; Laws 2004, c. 519, § 31,
eff. Nov. 1, 2004; Laws 2009, c. 62, § 4, eff. Nov. 1, 2009.
§47-7-205. Form and amount of security.
A. The security required under this chapter shall be in the
form and in the amount the Department of Public Safety requires, but
in no case in excess of minimum liability insurance limits.
B. Every depositor of security shall designate in writing every
person in whose name the deposit is made and may at any time change
the designation, but any single deposit of security shall be
applicable only on behalf of persons required to furnish security
because of the same accident.
Added by Laws 1961, p. 355, § 7-205. Amended by Laws 2009, c. 62, §
5, eff. Nov. 1, 2009.
§47-7-206. Failure to deposit security and file proof of financial
responsibility.
In the event that any person required to deposit security and
file proof of financial responsibility under this article fails to
deposit such security and file such proof of financial
responsibility within ten (10) days after the Department of Public
Safety has sent the notice as hereinbefore provided, the Department
shall thereupon suspend the driving privilege of each driver in any
manner involved in the accident.
Oklahoma Statutes - Title 47. Motor Vehicles
The suspension shall be made in respect to each person required
by the Department to deposit security who fails to deposit such
security, except as otherwise provided in Section 7-207, 7-208, 7209, or 7-210 of this title.
Added by Laws 1961, p. 355, § 7-206, eff. Sept. 1, 1961. Amended by
Laws 1965, c. 187, § 3, emerg. eff. June 8, 1965; Laws 2009, c. 62,
§ 6, eff. Nov. 1, 2009.
§47-7-207. Release from liability.
A. A person shall be relieved from the requirement for deposit
of security for the benefit or protection of another person injured
or damaged in the accident, provided he or she has given proof of
financial responsibility, in the event he or she is released from
liability by the other person.
B. A covenant not to sue shall relieve the parties thereto as
to each other from the security requirements of this chapter.
C. In the event the Department of Public Safety has received
medical evidence that the injuries or damage to any minor are in an
amount not more than Two Hundred Dollars ($200.00), the Department
may accept, for the purposes of this article only, evidence of a
release from liability executed by a custodial parent or a legal
guardian on behalf of the minor without the approval of any court or
judge.
Added by Laws 1961, p. 355, § 7-207. Amended by Laws 1965, c. 187 §
4, emerg. eff. June 8, 1965; Laws 2009, c. 62, § 7, eff. Nov. 1,
2009.
§47-7-208. Adjudication of nonliability.
A person shall be relieved from the requirement for deposit of
security in respect to a claim for injury or damage arising out of
the accident in the event such person has been finally adjudicated
not to be liable in respect to such claim.
Laws 1961, p. 356, § 7-208.
§47-7-209. Agreements for payment of damages.
A. Any two or more of the persons involved in or affected by an
accident, as described in Section 7-201 of this title, may at any
time enter into a written agreement for the payment of an agreed
amount with respect to all claims of any of the persons because of
bodily injury to or death or property damage arising from the
accident, which agreement may provide for payment in installments,
and may file a signed copy thereof with the Department of Public
Safety.
B. The Department, to the extent provided by the written
agreement filed with it, shall not require the deposit of security
and shall terminate any prior order of suspension, provided that
proof of financial responsibility has been filed; provided, if
Oklahoma Statutes - Title 47. Motor Vehicles
security has previously been deposited, the Department shall
immediately return the security to the depositor or to the personal
representative of the depositor.
C. Upon notice to the Department of a default in any payment
under the agreement, the Department shall take action suspending the
driving privilege of the person in default as in the same manner as
for failure of the person to deposit security when required under
this chapter. When reporting a default, the amount already paid and
the outstanding balance shall be provided to the Department.
Provided, this subsection shall not be deemed to require any party
to the agreement to make notice to the Department of a default of
any payment.
D. The suspension provided for in subsection C of this section
shall remain in effect and the driving privilege of the person shall
not be restored unless and until:
1. Security is deposited and proof of financial responsibility
is filed as required under this chapter, the security to be in such
amount as the Department may then determine;
2. The person in default has paid the balance of the agreed
amount; or
3. One (1) year has elapsed following the effective date of the
suspension and evidence satisfactory to the Department has been
filed with it that during the one-year period no action at law upon
the agreement has been instituted and is pending.
Added by Laws 1961, p. 356, § 7-209. Amended by Laws 1965, c. 187,
§ 5, emerg. eff. June 8, 1965; Laws 2009, c. 62, § 8, eff. Nov. 1,
2009.
§47-7-210. Payment upon judgment.
The payment of a judgment arising out of an accident or the
payment upon the judgment of an amount equal to the maximum amount
which could be required for deposit under this chapter shall, for
the purposes of this chapter, release the judgment debtor from the
liability evidenced by the judgment, provided that the person has
filed proof of financial responsibility.
Added by Laws 1961, p. 356, § 7-210. Amended by Laws 1965, c. 187,
§ 6, emerg. eff. June 8, 1965; Laws 2009, c. 62, § 9, eff. Nov. 1,
2009.
§47-7-211. Termination of security requirement.
The Department, if satisfied as to the existence of any fact
which under Sections 7-207, 7-208, 7-209 or 7-210 would entitle a
person to be relieved from the security requirements of this
chapter, shall not require the deposit of security by the person so
relieved from such requirement and shall terminate any prior order
of suspension in respect to such person, provided that he has filed
proof of financial responsibility, or, if security has previously
Oklahoma Statutes - Title 47. Motor Vehicles
been deposited by such person, the Department shall immediately
return such deposit to such person or to his personal
representative.
Laws 1961, p. 356, § 7-211; Laws 1965, c. 187, § 7, emerg. eff. June
8, 1965.
§47-7-212. Duration of suspension.
Unless a suspension is terminated under other provisions of this
chapter, any order of suspension by the Department of Public Safety
under this chapter shall remain in effect and no license shall be
renewed for or issued to any person whose driving privilege is
suspended until:
1. The person shall deposit and file or there shall be
deposited and filed on behalf of the person the security and proof
of financial responsibility required under this chapter, or
2. One (1) year shall have elapsed following the date of the
suspension and evidence satisfactory to the Department has been
filed with it that during the one-year period no action for damages
arising out of the accident resulting in the suspension has been
instituted, provided, the person has filed the required proof of
financial responsibility.
An affidavit of the applicant that no action at law for damages
arising out of the accident has been filed against him or her or, if
filed, that it is not still pending shall be prima facie evidence of
that fact. The Department may take whatever steps are necessary to
verify the statement set forth in the affidavit.
Added by Laws 1961, p. 356, § 7-212. Amended by Laws 1965, c. 187,
§ 8, emerg. eff. June 8, 1965; Laws 2009, c. 62, § 10, eff. Nov. 1,
2009.
§47-7-213. Application to nonresidents, unlicensed drivers,
unregistered vehicles and accidents in other states.
A. In case the driver or the owner of a vehicle subject to
registration under the laws of this state involved in an accident
within this state has no driver license in this state, then the
driver shall be denied a driver license until he or she has complied
with the requirements of this chapter to the same extent that would
be necessary if, at the time of the accident, he or she had held a
driver license in this state.
B. When a nonresident's driving privilege is suspended pursuant
to Section 7-206 of this title, the Department of Public Safety, in
conjunction with Service Oklahoma, shall transmit a copy of the
record of the action to the official in charge of the issuance of
driver licenses in the state in which the nonresident resides.
C. Upon receipt of a copy of a record from another state that
the driving privilege of a resident of this state has been suspended
or revoked in the other state for failure to deposit security for
Oklahoma Statutes - Title 47. Motor Vehicles
the payment of judgments arising out of a motor vehicle accident, or
for failure to give and maintain proof of financial responsibility,
under circumstances which would require Service Oklahoma to suspend
the driving privilege of the person had the accident occurred in
this state, Service Oklahoma shall suspend the driving privilege of
the resident if he or she was the driver determined to be at fault
in the accident. The suspension shall continue until the resident
furnishes evidence of his or her compliance with the law of the
other state relating to the deposit of such security or files proof
of financial responsibility.
Added by Laws 1961, p. 357, § 7-213, emerg. eff. Sept. 1, 1961.
Amended by Laws 1965, c. 187, § 9, emerg. eff. June 8, 1965; Laws
2009, c. 62, § 11, eff. Nov. 1, 2009; Laws 2022, c. 282, § 80,
emerg. eff. May 19, 2022.
§47-7-214. Authority of Department to decrease amount of security.
The Department of Public Safety may reduce the amount of
security ordered in any case within one (1) year after the date of
the accident if in its judgment the amount ordered is excessive. In
case the security originally ordered has been deposited, the excess
deposit over the reduced amount ordered shall be returned forthwith
to the depositor or the personal representative of the depositor.
Added by Laws 1961, p. 357, § 7-214. Amended by Laws 2009, c. 62, §
12, eff. Nov. 1, 2009.
§47-7-215. Correction of action of Department.
Whenever the Department of Public Safety has taken any action or
has failed to take any action under this article by reason of having
received erroneous information or no information, then, upon
receiving further information within one (1) year after the date of
an accident, the Department shall take appropriate action to carry
out the purposes and effect of this article. Provided, this section
shall not be deemed to require the Department to reevaluate the
amount of any deposit required under this article.
Added by Laws 1961, p. 357, § 7-215. Amended by Laws 2009, c. 62, §
13, eff. Nov. 1, 2009.
§47-7-216. Custody of security.
The Department shall place any negotiable security, or security
issued in bearer form, deposited with it under this chapter in the
custody of the State Treasurer. Receipts or other documents
evidencing the existence of a security shall be retained by the
Department.
Added by Laws 1961, p. 357, § 7-216, eff. Sept. 1, 1961. Amended by
Laws 1998, c. 85, § 2, eff. July 1, 1998.
§47-7-217.
Disposition of security.
Oklahoma Statutes - Title 47. Motor Vehicles
Such security shall be applicable and available only
1. For the payment of any settlement agreement covering any
claim arising out of the accident upon instruction of the person who
made the deposit, or
2. For the payment of a judgment or judgments, rendered against
the person required to make the deposit, for damages arising out of
the accident in an action at law begun not later than one (1) year
after the deposit of such security, or within one (1) year after the
date of deposit of any security following failure to make payments
under an agreement to pay.
Laws 1961, p. 357, § 7-217.
§47-7-218. Return of deposit.
Upon the expiration of one (1) year from the date of any deposit
of security, any security remaining on deposit shall be returned to
the person who made such deposit or to his personal representative
if an affidavit or other evidence satisfactory to the Department has
been filed with it:
1. That no action for damages arising out of the accident for
which deposit was made is pending against any person on whose behalf
the deposit was made, and
2. That there does not exist any unpaid judgment rendered
against any such person in such an action.
The foregoing provisions of this section shall not be construed
to limit the return of any deposit of security under any other
provision of this chapter authorizing such return.
Laws 1961, p. 357, § 7-218.
§47-7-219. Matters not to be evidence in civil suits.
The report required following an accident, the action taken by
the Department pursuant to this chapter, the findings, if any, of
said Department upon which such action is based, and the security
filed as provided in this chapter shall not be referred to in any
way and shall not be any evidence of the negligence or due care of
either party at the trial of any action at law to recover damages.
Laws 1961, p. 358, § 7-219.
§47-7-301.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-302.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-303.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-304.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-305.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-7-306.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-307.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-308. When courts to report nonpayment of judgments.
Whenever any person fails within thirty (30) days to satisfy any
judgment, then upon the written request of the judgment creditor or
his attorney it shall be the duty of the clerk of the court, or of
the judge of a court which has no clerk, in which any such judgment
is rendered within this state to forward to Service Oklahoma
immediately upon such request a certified copy of such judgment.
Added by Laws 1961, p. 359, § 7-308, emerg. eff. Sept. 1, 1961.
Amended by Laws 2022, c. 282, § 81, emerg. eff. May 19, 2022.
§47-7-309. Further action with respect to nonresidents.
If the defendant named in any certified copy of a judgment
reported to Service Oklahoma, as prescribed in Section 7-308 of this
title, is a nonresident, then Service Oklahoma shall transmit a
certified copy of the judgment to the official in charge of the
issuance of driver licenses of the state of which the defendant is a
resident.
Added by Laws 1961, p. 359, § 7-309, emerg. eff. Sept. 1, 1961.
Amended by Laws 2009, c. 62, § 14, eff. Nov. 1, 2009; Laws 2022, c.
282, § 82, emerg. eff. May 19, 2022.
§47-7-310. Suspension for nonpayment of judgments.
Service Oklahoma, upon receipt of a certified copy of a judgment
as prescribed in Section 7-308 of this title and a certificate of
facts relative to such judgment, on a form provided by Service
Oklahoma, shall forthwith suspend the driving privilege of any
person against whom the judgment was rendered, except as hereinafter
otherwise provided in this chapter.
Added by Laws 1961, p. 359, § 7-310, emerg. eff. Sept. 1, 1961.
Amended by Laws 2009, c. 62, § 15, eff. Nov. 1, 2009; Laws 2022, c.
282, § 83, emerg. eff. May 19, 2022.
§47-7-311. Exception in relation to government vehicles.
The provisions of Section 7-310 shall not apply with respect to
any such judgment arising out of an accident caused by the ownership
or operation, with permission, of a vehicle owned or leased to the
United States, this state or any political subdivision of this state
or a municipality thereof.
Laws 1961, p. 359, § 7-311.
§47-7-312. Exception when consent granted by judgment creditor.
If the judgment creditor consents in writing, in a manner as the
Department of Public Safety may prescribe, that the judgment debtor
Oklahoma Statutes - Title 47. Motor Vehicles
be allowed to continue his or her driving privilege, the same may be
allowed by the Department, in its discretion, for at least six (6)
months from the date of the consent and thereafter until the consent
is revoked in writing, notwithstanding default in the payment of the
judgment, or of any installments thereof, as prescribed in Section
7-317 of this title, provided the judgment debtor furnishes proof of
financial responsibility.
Added by Laws 1961, p. 359, § 7-312. Amended by Laws 2009, c. 62, §
16, eff. Nov. 1, 2009.
§47-7-313. Exception when insurer liable.
No driving privilege of any person shall be suspended under the
provisions of this chapter if the Department of Public Safety shall
find that an insurer was obligated to pay the judgment, at least to
the extent and for the amounts required in this chapter, upon which
the suspension is based but has not paid the judgment for any
reason. A finding by the Department that an insurer is obligated to
pay a judgment shall not be binding upon the insurer and shall have
no legal effect whatever except for the purpose of administering
this section. Whenever in any judicial proceedings it shall be
determined by any final judgment, decree or order that an insurer is
not obligated to pay the judgment, the Department, notwithstanding
any contrary finding theretofore made by it, shall forthwith suspend
the driving privilege of any person against whom the judgment was
rendered, as provided in Section 7-310 of this title.
Added by Laws 1961, p. 360, § 7-313. Amended by Laws 2009, c. 62, §
17, eff. Nov. 1, 2009.
§47-7-314. Suspension to continue until judgments paid and proof
given.
The driving privilege of any person which has been suspended
under the provisions of Section 7-313 of this title shall remain
suspended and shall not be reinstated, nor shall any driver license
be thereafter issued in the name of the person, including any person
not previously licensed:
1. Unless and until every judgment is stayed or satisfied in
full or to the extent hereinafter provided; and
2. Until the person gives proof of financial responsibility
subject to the exemptions stated in Sections 7-312, 7-313 and 7-317
of this title.
Added by Laws 1961, p. 360, § 7-314. Amended by Laws 2009, c. 62, §
18, eff. Nov. 1, 2009.
§47-7-315. Discharge in bankruptcy.
A discharge in bankruptcy following the rendering of any such
judgment shall relieve the judgment debtor from the security
requirements which are the subject of the discharge in bankruptcy,
Oklahoma Statutes - Title 47. Motor Vehicles
but shall not relieve the judgment debtor from any of the other
requirements of this chapter.
Added by Laws 1961, p. 360, § 7-315, eff. Sept. 1, 1961. Amended by
Laws 2000, c. 189, § 4, eff. July 1, 2000.
§47-7-316. Payments sufficient to satisfy requirements.
A. Judgments herein referred to shall, for the purpose of this
chapter only, be deemed satisfied:
1. When the minimum liability insurance limits are met; or
2. When any combination of amounts as prescribed by the minimum
liability insurance limits and as appropriate to the consequences of
the accident, has been credited upon any judgment or judgments
rendered in excess of that amount because of a combination of bodily
injury to or death of any number of persons and because of injury to
or destruction of property of others as a result of any one
accident.
B. Provided, however, payments made in settlements of any
claims because of bodily injury, death or property damage arising
from the accident shall be credited in reduction of the amounts
provided for in this section.
Added by Laws 1961, p. 360, § 7-316, eff. Sept. 1, 1961. Amended by
Laws 1980, c. 235, § 4, eff. Jan. 1, 1981; Laws 2005, c. 394, § 5,
emerg. eff. June 6, 2005; Laws 2009, c. 62, § 19, eff. Nov. 1, 2009.
§47-7-317. Installment payment of judgments - Default.
A. A judgment debtor, upon due notice to the judgment creditor,
may apply to the court in which the judgment was rendered for the
privilege of paying the judgment in installments, and the court, in
its discretion and without prejudice to any other legal remedies
which the judgment creditor may have, may so order and fix the
amounts and times of payment of the installments.
B. Service Oklahoma shall not suspend the driving privilege of
any person and shall restore the driving privilege of any person, if
otherwise eligible, which was suspended following nonpayment of a
judgment when the judgment debtor gives proof of financial
responsibility and obtains an order permitting the payment of the
judgment in installments, and while the payment of any installments
is not in default.
Added by Laws 1961, p. 360, § 7-317, emerg. eff. Sept. 1, 1961.
Amended by Laws 2009, c. 62, § 20, eff. Nov. 1, 2009; Laws 2022, c.
282, § 84, emerg. eff. May 19, 2022.
§47-7-318. Action if breach of agreement.
In the event the judgment debtor fails to pay any installment as
specified by an order described in Section 7-317 of this title,
then, upon notice by the court of the default, Service Oklahoma
shall forthwith suspend the driving privilege of the person who is
Oklahoma Statutes - Title 47. Motor Vehicles
the judgment debtor until the judgment is satisfied, as provided in
this article.
Added by Laws 1961, p. 360, § 7-318, emerg. eff. Sept. 1, 1961.
Amended by Laws 2009, c. 62, § 21, eff. Nov. 1, 2009; Laws 2022, c.
282, § 85, emerg. eff. May 19, 2022.
§47-7-319.
2003.
Repealed by Laws 2003, c. 279, § 15, emerg. eff. May 26,
§47-7-320. Alternate methods of giving proof.
Proof of financial responsibility when required under this
article, with respect to a vehicle or with respect to a person who
is not the owner of a vehicle, may be given by filing:
1. A security verification form as defined in Section 7-600 of
this title;
2. A certificate of deposit of money or securities as provided
in Section 7-330 of this title; or
3. A certificate of self-insurance, as provided in Section 7503 of this title, supplemented by an agreement by the self-insurer
that, with respect to accidents occurring while the certificate is
in force, the self-insurer will pay the same amounts that an insurer
would have been obliged to pay under a motor vehicle liability
policy if the insurance carrier had issued a policy to the selfinsurer.
Added by Laws 1961, p. 361, § 7-320. Amended by Laws 1994, c. 181,
§ 9, eff. Sept. 1, 1994; Laws 2009, c. 62, § 22, eff. Nov. 1, 2009.
§47-7-321.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-322.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-323.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-324. Motor vehicle liability policies - Contents and
coverages.
(a) Certification. A "motor vehicle liability policy" as the
term is used in this article shall mean an "owner's policy" or an
"operator's policy" of liability insurance, certified as provided in
Section 7-321 or Section 7-322 of this title as proof of financial
responsibility, and issued, except as otherwise provided in Section
7-322 of this title, by an insurance carrier duly authorized to
transact business in this state, to or for the benefit of the person
named therein as insured.
(b) Owner's policy. Such owner's policy of liability
insurance:
Oklahoma Statutes - Title 47. Motor Vehicles
1. Shall designate by explicit description or by appropriate
reference all vehicles with respect to which coverage is thereby to
be granted; and
2. Shall insure the person named therein and any other person
except as herein provided, as insured, using any such vehicle or
vehicles with the express or implied permission of such named
insured, against loss from the liability imposed by law for damages
arising out of the ownership, maintenance or use of such vehicle or
vehicles within the United States of America or the Dominion of
Canada, subject to limits exclusive of interest and costs, with
respect to each such vehicle, as follows: Twenty-five Thousand
Dollars ($25,000.00) because of bodily injury to or death of one
person in any one accident and, subject to said limit for one
person, Fifty Thousand Dollars ($50,000.00) because of bodily injury
to or death of two or more persons in any one accident, and Twentyfive Thousand Dollars ($25,000.00) because of injury to or
destruction of property of others in any one accident.
3. May by agreement in a separate written endorsement between
any named insured and the insurer exclude as insured any person or
persons designated by name from coverage under the policy.
(c) Operator's policy. Such operator's policy of liability
insurance shall insure the person named as insured therein against
loss from the liability imposed upon him by law for damages arising
out of the use by him of any motor vehicle not owned by him, within
the same territorial limits and subject to the same limits of
liability as are set forth above with respect to an owner's policy
of liability insurance.
(d) Required statements in policies. Such motor vehicle
liability policy shall state the name and address of the named
insured, the coverage afforded by the policy, the premium charged
therefor, the policy period and the limits of liability, and shall
contain an agreement or be endorsed that insurance is provided
thereunder in accordance with the coverage defined in this chapter
as respects bodily injury and death or property damage, or both, and
is subject to all the provisions of this title.
(e) Policy need not insure workmen's compensation. Such motor
vehicle liability policy need not insure any liability under any
workmen's compensation law nor any liability on account of bodily
injury to or death of an employee of the insured while engaged in
the employment, other than domestic, of the insured, or while
engaged in the operation, maintenance or repair of any such vehicle
nor any liability for damage to property owned by, rented to, in
charge of or transported by the insured.
(f) Provisions incorporated in policy. Every motor vehicle
liability policy shall be subject to the following provisions which
need not be contained therein:
Oklahoma Statutes - Title 47. Motor Vehicles
1. The liability of the insurance carrier with respect to the
insurance required by this title shall become absolute whenever
injury or damage covered by said motor vehicle liability policy
occurs; said policy may not be canceled or annulled as to such
liability by any agreement between the insurance carrier and the
insured after the occurrence of the injury or damage; no statement
made by the insured or on his behalf and no violation of said policy
shall defeat or void said policy.
2. The satisfaction by the insured of a judgment for such
injury or damage shall not be a condition precedent to the right or
duty of the insurance carrier to make payment on account of such
injury or damage.
3. The insurance carrier shall have the right to settle any
claim covered by the policy, and if such settlement is made in good
faith, the amount thereof shall be deductible from the limits of
liability specified in paragraph 2 of subsection (b) of this
section.
4. The policy, the written application therefor, if any, and
any rider or endorsement which does not conflict with the provisions
of this title shall constitute the entire contract between the
parties.
(g) Excess or additional coverage. Any policy which grants the
coverage required for a motor vehicle liability policy may also
grant any lawful coverage in excess of or in addition to the
coverage specified for a motor vehicle liability policy and such
excess or additional coverage shall not be subject to the provisions
of this title. With respect to a policy which grants such excess or
additional coverage, the term "motor vehicle liability policy" shall
apply only to that part of the coverage which is required by this
section.
(h) Reimbursement provision permitted. Any motor vehicle
liability policy may provide that the insured shall reimburse the
insurance carrier for any payment the insurance carrier would not
have been obligated to make under the terms of the policy except for
the provisions of this title.
(i) Proration of insurance permitted. Any motor vehicle
liability policy may provide for the prorating of the insurance
thereunder with other valid and collectible insurance.
(j) Multiple policies. The requirements for a motor vehicle
liability policy may be fulfilled by the policies of one or more
insurance carriers which policies together meet such requirements.
(k) Binders. Any binder issued pending the issuance of a motor
vehicle liability policy shall be deemed to fulfill the requirements
for such a policy.
Added by Laws 1961, p. 361, § 7-324, eff. Sept. 1, 1961. Amended by
Laws 1980, c. 235, § 5, eff. Jan. 1, 1981; Laws 1994, c. 181, § 11,
eff. Sept. 1, 1994; Laws 2004, c. 519, § 32, eff. Nov. 1, 2004.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-7-325.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-326.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-327.
2003.
Repealed by Laws 2003, c. 279, § 15, emerg. eff. May 26,
§47-7-328.
2003.
Repealed by Laws 2003, c. 279, § 15, emerg. eff. May 26,
§47-7-329.
2003.
Repealed by Laws 2003, c. 279, § 15, emerg. eff. May 26,
§47-7-330. Cash or certificate of deposit as proof.
Proof of financial responsibility may be evidenced by the
certificate of the Department of Public Safety that the person named
therein has deposited with the Department at least Seventy-five
Thousand Dollars ($75,000.00) in cash, or a certificate of deposit
issued by a financial institution located in Oklahoma in an amount
of at least Seventy-five Thousand Dollars ($75,000.00). The
Department shall deposit any cash it receives for this purpose in a
special account of the Department which shall be held in escrow
until necessary to pay judgments as described in Section 7-331 of
this title. The Department shall obtain a written acknowledgment
from any financial institution issuing a certificate of deposit
which is used for the purpose of this section, showing the
certificate of deposit has been pledged to the Department for this
purpose. The Department shall not accept any deposit and issue a
certificate therefor and the Department shall not accept the
certificate unless accompanied by evidence that there are no
unsatisfied judgments of any character against the depositor in the
county where the depositor resides.
Added by Laws 1961, p. 363, § 7-330, eff. Sept. 1, 1961. Amended by
Laws 1980, c. 235, § 6, eff. Jan. 1, 1981; Laws 1998, c. 85, § 3,
eff. July 1, 1998; Laws 2005, c. 394, § 6, emerg. eff. June 6, 2005.
§47-7-331. Application of deposit.
Such deposit shall be held by the Department to satisfy, in
accordance with the provisions of this chapter, any execution on a
judgment issued against such a person making the deposit, for
damages, including damages for care and loss of services, because of
bodily injury to or death of any person, or for damages because of
injury to or destruction of property, including the loss of use
thereof, resulting from the ownership, maintenance, use or operation
of a vehicle of a type subject to registration under the laws of
this state after such deposit was made. Money or securities so
Oklahoma Statutes - Title 47. Motor Vehicles
deposited shall not be subject to attachment or execution unless
such attachment or execution shall arise out of a suit for damages
as aforesaid.
Added by Laws 1961, p. 364, § 7-331, eff. Sept. 1, 1961. Amended by
Laws 1998, c. 85, § 4, eff. July 1, 1998.
§47-7-332.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-333. Substitution of proof.
The Department shall consent to the cancellation of any bond or
certificate of insurance or the Department shall direct and the
State Treasurer shall return any money or securities to the person
entitled thereto upon the substitution and acceptance of other
adequate proof of financial responsibility pursuant to this chapter.
Laws 1961, p. 364, § 7-333.
§47-7-334.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-335. Duration of proof - When proof may be canceled or
returned.
A. The Department of Public Safety shall upon request consent
to the immediate cancellation of any certificate of insurance or the
Department shall direct and the State Treasurer shall return to the
person entitled thereto any money or securities deposited pursuant
to this article or Article II of this chapter as proof of financial
responsibility, or the Department shall waive the requirement of
filing proof of financial responsibility, in any of the following
events:
1. In the event of the death of the person on whose behalf the
proof of financial responsibility was filed or the permanent
incapacity of the person to operate a motor vehicle; or
2. In the event the person who has given proof of financial
responsibility surrenders his or her driver license to the
Department.
B. Provided, however, that the Department shall not consent to
the cancellation of any certificate of insurance and the Department
shall not consent to the return of any money or securities in the
event any action for damages upon a liability covered by such proof
of financial responsibility is then pending or any judgment upon any
such liability is then unsatisfied, or in the event the person who
has filed such bond or deposited such money or securities has within
one (1) year immediately preceding such request been involved as a
driver or owner in any accident resulting in injury or damage to the
person or property of others. An affidavit of the person as to the
nonexistence of such facts, or that the person has been released
from all liability, or has been finally adjudicated not to be
liable, for any injury or damage, shall be sufficient evidence
Oklahoma Statutes - Title 47. Motor Vehicles
thereof in the absence of evidence to the contrary in the records of
the Department.
Added by Laws 1961, p. 365, § 7-335. Amended by Laws 1994, c. 181,
§ 13, eff. Sept. 1, 1994; Laws 2009, c. 62, § 23, eff. Nov. 1, 2009.
§47-7-401.
2003.
Repealed by Laws 2003, c. 279, § 15, emerg. eff. May 26,
§47-7-402. Surrender of license.
A. Any person whose driving privilege shall have been suspended
under any provision of this chapter, or whose policy of insurance,
when required under this chapter, shall have been canceled or
terminated, shall immediately return his or her driver license to
the Department of Public Safety. If any person shall fail to return
to the Department the driver license as provided herein, the
Department shall forthwith direct any peace officer to secure
possession thereof and to return the same to the Department in the
same manner as prescribed in Section 7-605 of this title.
B. Any person willfully failing to return his or her driver
license as required in subsection A of this section shall be
punished as provided in Section 17-101 of this title.
Added by Laws 1961, p. 365, § 7-402. Amended by Laws 2009, c. 62, §
24, eff. Nov. 1, 2009.
§47-7-403. Forged proof.
Any person who shall forge, or, without authority, sign any
evidence of proof of financial responsibility, or who files or
offers for filing any such evidence of proof knowing or having
reason to believe that it is forged or signed without authority,
shall be fined not more than One Thousand Dollars ($1,000.00) or
imprisoned for not more than one (1) year, or both.
Laws 1961, p. 365, § 7-403; Laws 1994, c. 181, § 14, eff. Sept. 1,
1994.
§47-7-404. Reciprocity.
(a) The Department is hereby authorized to enter into,
negotiate, and execute reciprocal compacts and agreements with the
proper authorities, bureaus or divisions of other states regarding
the use, application and operation of the financial responsibility
provisions of this Code.
(b) Such compacts and agreements shall grant to the residents of
other states privileges substantially like and equal to those
granted by such states to residents of Oklahoma; provided that such
compacts and agreements shall not supersede or suspend any laws,
rules or regulations of the State of Oklahoma applying to vehicles
operated intrastate in this state. Privileges so granted shall
Oklahoma Statutes - Title 47. Motor Vehicles
extend only to persons who comply with the vehicle laws of the state
of their residence.
Laws 1961, p. 365, § 7-404.
§47-7-501. Renumbered as Title 36, § 996.1 by Laws 2009, c. 62, §
40, eff. Nov. 1, 2009.
§47-7-502. Exception in relation to vehicles insured under other
laws.
The provisions of this chapter shall not apply with respect to
any vehicle which is subject to regulation by the Corporation
Commission or to regulation by any other federal or state agency
under provisions of any laws requiring insurance or other security.
Added by Laws 1961, p. 366, § 7-502, eff. Sept. 1, 1961. Amended by
Laws 2009, c. 62, § 25, eff. Nov. 1, 2009.
§47-7-503. Self-insurers.
(a) Any person in whose name more than twenty-five vehicles are
registered in this state may qualify as a self-insurer by obtaining
a certificate of self-insurance issued by the Department as provided
in subsection (b) of this section.
(b) The Department may, in its discretion, upon the application
of such a person, issue a certificate of self-insurance when it is
satisfied that such person is possessed and will continue to be
possessed of ability to pay judgment obtained against such person.
Such certificate may be issued authorizing a person to act as a
self-insurer for either property damage or bodily injury, or both.
(c) Upon not less than five (5) days' notice and a hearing
pursuant to such notice, the Department may upon reasonable grounds
cancel a certificate of self-insurance. Failure to pay any judgment
within thirty (30) days after such judgment shall have become final
shall constitute a reasonable ground for the cancellation of a
certificate of self-insurance.
Laws 1961, p. 366, § 7-503.
§47-7-504. Chapter not to prevent other process.
Nothing in this chapter shall be construed as preventing the
plaintiff in any action at law from relying for relief upon the
other processes provided by law.
Laws 1961, p. 366, § 7-504.
§47-7-505. Relief by court in cases of hardship.
A. In order to furnish a means of relief from extreme and
unusually severe hardship in the application of Article II or
Article III of this chapter, it is hereby provided that any owner or
operator whose driving privilege has been suspended by the
Department of Public Safety under the provisions of Article II or
Oklahoma Statutes - Title 47. Motor Vehicles
Article III of this chapter for failure to furnish security or for
failure to satisfy a judgment may make application for modification
of the order of suspension to the district court of the county where
such owner or operator resides.
The application shall contain the following:
1. The name and address of the applicant;
2. The date and location of the accident, names of any fatality
or fatalities, names of persons injured, and/or names of persons
whose real or personal property was damaged in the accident;
3. A statement that the applicant has failed to comply with the
provisions of Article II or Article III of this chapter by either
failing to post security or to satisfy a judgment;
4. The facts creating the unusual or severe hardship impairing
the ability of the applicant to earn a livelihood;
5. That the applicant has initiated action to post proof of
financial responsibility by a method enumerated in Section 7-320 of
this title;
6. A true copy of the order of suspension attached thereto; and
7. A verification by the applicant.
B. The district court shall set the application for hearing not
less than fifteen (15) days nor more than thirty (30) days from the
date of filing the application.
C. A certified copy of the application, bond, order for hearing
and any other pleadings shall be served upon the Department of
Public Safety, all judgment creditors and/or persons on whose behalf
security has been required or by mailing a copy to their last known
address at least ten (10) days before the hearing.
D. Persons required to be notified of the hearing may appear
and resist the application of Article II or Article III of this
chapter. At the hearing the court shall take testimony concerning
the hardship of the applicant, testimony of any interested party,
and allow the driving record and accident record of the applicant to
be introduced into evidence by the Department of Public Safety.
After hearing on the application, but not before, if the court finds
that the suspension has resulted or will result in extreme and
unusually severe hardship, seriously impairing the ability of the
applicant to earn a livelihood, the court may modify, but not
vacate, the order of suspension and the extent to which the
applicant shall comply with the provisions of Articles II and III of
this chapter with respect to furnishing security or satisfying a
judgment. If the court finds the order of suspension should be
modified, then the court shall require that the applicant furnish
proof of financial responsibility by a method enumerated in Section
7-320 of this title. The proof of financial responsibility shall be
furnished to the Department of Public Safety. The modification
shall not become effective until the proof of financial
Oklahoma Statutes - Title 47. Motor Vehicles
responsibility is furnished to the Department together with a
certified order of the court setting forth the modification.
E. An appeal may be taken by any interested party from the
order of the district court to the Supreme Court of the State of
Oklahoma.
F. It shall be the duty of the district attorney in the county
where the application is filed to represent the Department of Public
Safety in the proceedings under the statute upon request from the
Department of Public Safety.
Added by Laws 1961, p. 366, § 7-505. Amended by Laws 1994, c. 181,
§ 15, eff. Sept. 1, 1994; Laws 2009, c. 62, § 26, eff. Nov. 1, 2009.
§47-7-506. Driving privilege reinstatement fee.
Whenever a person's driving privilege is suspended under this
chapter and the filing of proof of financial responsibility is made
a prerequisite to reinstatement of the driving privilege or the
issuance of a driver license, no driving privilege shall be
reinstated or a driver license issued unless the person, in addition
to complying with the other provisions of this chapter, pays to
Service Oklahoma the fees provided for in Section 6-212 of this
title.
Added by Laws 1965, c. 187, § 11, emerg. eff. June 8, 1965. Amended
by Laws 1983, c. 286, § 23, operative July 1, 1983; Laws 1986, c.
279, § 18, operative July 1, 1986; Laws 1987, c. 5, § 154, emerg.
eff. March 11, 1987; Laws 1994, c. 218, § 8, eff. April 1, 1995;
Laws 2009, c. 62, § 27, eff. Nov. 1, 2009; Laws 2022, c. 282, § 86,
emerg. eff. May 19, 2022.
§47-7-508. Renumbered as § 941 of Title 36 by Laws 1988, c. 27, §
4, eff. Nov. 1, 1988.
§47-7-600. Definitions.
As used in Section 7-600 et seq. of this title:
1. "Owner's policy" means a policy of motor vehicle liability
insurance which:
a.
shall designate by explicit description or by
appropriate reference all vehicles with respect to
which coverage is thereby to be granted,
b.
shall insure the person named therein and insure any
other person, except as provided in subparagraph c of
this paragraph, using an insured vehicle with the
express or implied permission of the named insured,
against loss from the liability imposed by law for
damages arising out of the ownership, maintenance,
operation or use of the vehicle,
c.
may provide for exclusions from coverage in accordance
with existing laws, and
Oklahoma Statutes - Title 47. Motor Vehicles
d.
shall be issued by an authorized insurer providing
coverage in accordance with Section 7-204 of this
title or in the case of a commercial automobile
insurance policy may be issued by an unauthorized
insurer as allowed pursuant to Section 1106 of Title
36 of the Oklahoma Statutes.
2. "Operator's policy" means a policy of motor vehicle
liability insurance which shall insure the named person against loss
from the liability imposed upon the named person by law for damages
arising out of the operation or use by the named person of any motor
vehicle not owned by the named person, subject to the same limits of
liability required in an owner's policy.
3. "Security" means:
a.
a policy meeting the minimum vehicle liability limits,
b.
a deposit of cash or securities as defined in Section
7-330 of this title having the equivalency of the
minimum vehicle liability limits,
c.
self-insurance, pursuant to the provisions of Section
7-503 of this title, having the equivalency of the
minimum vehicle liability limits, or
d.
for vehicles registered pursuant to the provisions of
Section 1127 of this title, a policy meeting or
exceeding the minimum vehicle liability limits;
provided, the policy may be issued by an insurance
company authorized to do business in the state of
residence or domicile of the member of the Armed
Forces and the motor license agent or other
registering agency shall accept the security
verification form issued by such insurance company.
4. "Compulsory Insurance Law" is the law requiring liability
insurance, which provides the minimum vehicle liability limits, in
conjunction with the operation of a motor vehicle in this state as
found in this article, Section 7-600 et seq. of this title.
5. "Security verification form" means a form, approved by the
Insurance Commissioner, verifying the existence of security required
by the Compulsory Insurance Law.
6. “Commercial auto coverage” means coverage provided to an
insured, regardless of the number of vehicles or entity covered,
under a commercial auto, garage or truckers coverage form or rated
from either a commercial manual or rating rule as filed and approved
by the Insurance Department. Vehicle type and ownership are not
necessarily the primary factors in either underwriting the coverage
or rating the coverage.
Added by Laws 1982, c. 355, § 1, operative Jan. 1, 1983. Amended by
Laws 1989, c. 181, § 11, eff. Nov. 1, 1989; Laws 1997, c. 154, § 1,
eff. Nov. 1, 1997; Laws 2009, c. 62, § 28, eff. Nov. 1, 2009; Laws
2009, c. 185, § 1, eff. Nov. 1, 2009.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-7-600.1. Statement or endorsement to be included in policies Excess or additional coverage - Binders.
A. The following statement or endorsement shall be included in
owner's policies and operator's policies except certified policies
issued pursuant to Section 7-324 of this title: "Liability
insurance is provided in this policy in accordance with coverage
required by the Compulsory Insurance Law of Oklahoma."
B. A policy which grants the coverage required for a motor
vehicle liability policy may also grant any lawful coverage in
excess of or in addition to the coverage specified for policies
defined in Section 7-600 of this title, and the excess or additional
coverage shall not be subject to the provisions of the Compulsory
Insurance Law.
C. Any binder issued pending the issuance of a policy shall be
deemed to fulfill the requirements for such a policy except as
provided for in paragraph 2 of subsection A of Section 7-605 of this
title.
Added by Laws 1982, c. 355, § 2, operative Jan. 1, 1983. Amended by
Laws 2009, c. 62, § 29, eff. Nov. 1, 2009.
§47-7-600.2. Online verification system — Rules — Exception.
A. The Department of Public Safety shall transfer to the
Oklahoma Insurance Department by January 1, 2018, the online
verification system for motor vehicle liability policies as required
by the Compulsory Insurance Law, subject to the following:
1. The Oklahoma Tax Commission, the Department of Public
Safety, and Service Oklahoma shall cooperate with the Insurance
Department in the ongoing improvement and maintenance of the
verification system;
2. The verification system shall be accessible through the
Internet, World Wide Web or a similar proprietary or common carrier
electronic system by authorized personnel of the Department of
Public Safety, the Tax Commission, Service Oklahoma, the district
attorneys, the courts, law enforcement personnel, and any other
entities authorized by the Insurance Department;
3. The verification system shall provide for direct inquiry and
response between the Insurance Department and insurance carriers, or
such other method of inquiry and response as agreed to by the
Insurance Department and individual insurance carriers, and direct
access to insurers' records by personnel authorized by the Insurance
Department;
4. The verification system shall be available twenty-four (24)
hours a day to verify the insurance status of any vehicle registered
in this state through the vehicle's identification number, policy
number, registered owner's name or other identifying characteristic
or marker as prescribed by the Insurance Department in its rules;
Oklahoma Statutes - Title 47. Motor Vehicles
5. The Insurance Department may contract with a private vendor
to assist in establishing and maintaining the verification system;
6. The verification system shall include appropriate
provisions, consistent with industry standards, to secure its data
against unauthorized access and to maintain a record of all
information requests;
7. Information contained in the verification system shall not
be considered a public record;
8. Any law enforcement officer, to establish compliance with
the Compulsory Insurance Law during a traffic stop or accident
investigation, shall access information from the online verification
system to verify the current validity of the policy described on a
security verification form produced by the operator of each motor
vehicle during the traffic stop or accident investigation. If
compliance is not confirmed for the policy described on the security
verification form produced by the operator and a subsequent
investigation conducted by the officer verifies that the operator is
not in compliance, the officer may issue a citation to the operator
for failure to comply with the Compulsory Insurance Law;
9. If the operator fails to produce the security verification
form during a traffic stop or accident investigation, the requesting
law enforcement officer shall access information from the online
verification system through the vehicle's identification number,
registered owner's name, license plate number or other identifying
characteristic or marker to verify valid and current security and
establish compliance with the Compulsory Insurance Law and shall not
issue a citation if valid and current security is established. If
the operator fails to produce the security verification form and
compliance is not confirmed through the online verification system,
the officer may issue a citation to the operator for failure to
comply with the Compulsory Insurance Law;
10. Establishing compliance with the Compulsory Insurance Law
through the online verification system shall not be the primary
cause for law enforcement to stop a motor vehicle; and
11. All information exchanged between the Insurance Department
and insurance companies, any database created, and all reports,
responses, or other information generated for the purposes of the
verification system shall not be subject to the Oklahoma Open
Records Act.
B. This section shall not apply to a policy issued pursuant to
paragraph 3 of subsection A of Section 7-601.1 of this title or
paragraph 3 of subsection A of Section 7-602 of this title to insure
a commercial motor vehicle or to insure any vehicle under a
commercial policy that provides commercial auto coverage as defined
in Section 7-600 of this title.
C. As a condition for writing motor vehicle liability policies
in this state, insurance carriers shall cooperate with the Insurance
Oklahoma Statutes - Title 47. Motor Vehicles
Department in establishing and maintaining the insurance
verification system and shall provide access to motor vehicle
insurance policy status information as provided in the rules of the
Insurance Department. The Insurance Commissioner may, pursuant to
Title 36 of the Oklahoma Statutes, initiate an administrative
proceeding against any insurance company found by the Commissioner
to not be in compliance with the provisions of this section or any
rules promulgated pursuant to this section.
Added by Laws 2006, c. 322, § 1, eff. July 1, 2006. Amended by Laws
2007, c. 326, § 14, eff. Nov. 1, 2007; Laws 2008, c. 184, § 31, eff.
July 1, 2008; Laws 2008, c. 335, § 2, eff. July 1, 2008; Laws 2009,
c. 62, § 30, eff. Nov. 1, 2009; Laws 2009, c. 340, § 2, emerg. eff.
May 27, 2009; Laws 2010, c. 440, § 1, eff. Nov. 1, 2010; Laws 2016,
c. 88, § 1, eff. Nov. 1, 2016; Laws 2017, c. 74, § 1, eff. Nov. 1,
2017; Laws 2022, c. 282, § 87, emerg. eff. May 19, 2022.
§47-7-601. Liability requirements - Proof of compliance Nonresidents.
A. Every owner of a motor vehicle registered in this state,
other than a licensed used motor vehicle dealer, shall, at all
times, maintain in force with respect to such vehicle security for
the payment of loss resulting from the liability imposed by law for
bodily injury, death and property damage sustained by any person
arising out of the ownership, maintenance, operation or use of the
vehicle. Every person, while operating or using a motor vehicle
registered in this state which is not owned by the person, shall
maintain in force security for the payment of loss resulting from
the liability imposed by law for bodily injury, death or property
damage sustained by any person arising out of the operation or use
of the vehicle, unless the security has been provided by the owner
in accordance with this section which does not exclude the person
from coverage.
B. 1. Unless otherwise provided by law, no motor vehicle shall
be operated in this state unless there is in effect with respect to
the vehicle security for the payment of loss resulting from the
liability imposed by law for bodily injury, death and property
damage sustained by any person arising out of the ownership,
maintenance, operation or use of the vehicle. Every person, while
operating or using a motor vehicle in this state which is not owned
by the person, shall maintain in force security for the payment of
loss resulting from the liability imposed by law for bodily injury,
death or property damage sustained by any person arising out of the
operation or use of the vehicle, unless the security has been
provided by the owner in accordance with this section which does not
exclude the person from coverage. Proof of security shall be
carried in the vehicle at all times and shall be produced for
inspection upon request by any law enforcement officer or
Oklahoma Statutes - Title 47. Motor Vehicles
representative of the Department of Public Safety and, in case of
an accident, the proof shall be shown upon request of any person
affected by the accident.
2. The nonresident owner of a motor vehicle not registered in
this state may give proof of financial responsibility by providing
proof of financial responsibility which is in compliance with the
laws of the state in which the vehicle is registered or by filing
with the Department a certificate of an insurance company authorized
to transact insurance in the state in which the vehicle is
registered, or if the nonresident does not own a motor vehicle, then
in the state in which the insured resides, provided the certificate
otherwise conforms to the provisions of this article, and the
Department shall accept the certificate upon condition that the
insurance company complies with the following provisions with
respect to the policy so certified:
a.
the insurance company shall execute a power of
attorney authorizing the Department to accept service
on its behalf or notice of process in any action
arising out of a motor vehicle accident in this state,
and
b.
the insurance company shall agree in writing that its
policies shall be deemed to conform with the laws of
this state relating to the terms of motor vehicle
liability policies issued in this state.
3. The provisions of this subsection shall apply to nonresident
owners and operators of vehicles that are not registered in this
state only if the state in which the vehicle is registered requires
compulsory liability insurance. In which cases, compliance with the
requirements of the law of the state of registration shall be deemed
compliance with the laws of this state.
Added by Laws 1976, c. 176, § 1, operative Dec. 11, 1976. Amended
by Laws 1980, c. 85, § 2, eff. Jan. 1, 1981; Laws 1982, c. 355, § 4,
operative July 1, 1982; Laws 1993, c. 301, § 1, eff. Sept. 1, 1993;
Laws 2009, c. 62, § 31, eff. Nov. 1, 2009.
§47-7-601.1. Owner's and operator's security verification forms Contents.
A. Every carrier, upon issuing an owner's policy, a renewal
thereof, or a binder, shall supply a security verification form in
duplicate to an owner for each insured vehicle on a form approved by
the Insurance Commissioner.
1. The owner's security verification form shall contain the
following minimum information:
a.
the name, address, and the five-digit National
Association of Insurance Commissioners (NAIC) company
code of the carrier,
Oklahoma Statutes - Title 47. Motor Vehicles
b.
the name, address, and telephone number of the agent
or office where the existence of security may be
verified, if other than the carrier,
c.
the name of the named insured; provided, the address
of the named insured shall not be included,
d.
a notice that an owner's liability insurance policy
has been issued pursuant to the Compulsory Insurance
Law,
e.
the year of manufacture, make, model, and the vehicle
identification number of each insured motor vehicle,
f.
the inclusive dates the motor vehicle liability
insurance is in effect,
g.
the policy number,
h.
a warning to the owner that state law:
(1) requires a current copy of the owner's security
verification form must be surrendered to the
motor license agent or other registering agency
upon application or renewal for a motor vehicle
license plate,
(2) requires the other copy of the owner's security
verification form to be carried in the motor
vehicle at all times, and produced by any driver
of the vehicle upon request for inspection by any
peace officer or representative of the Department
of Public Safety. In case of an accident, the
security verification form shall be shown upon
request of any person affected by the accident,
and
i.
the statement: "Examine policy exclusions carefully.
This form does not constitute any part of your
insurance policy."
2. When a carrier issues an owner's policy providing blanket
liability coverage for a fleet of motor vehicles, the requirement
for year of manufacture, make, model, and the vehicle identification
number specified in subparagraph e of paragraph 1 of this subsection
may be omitted, provided the security verification form shall bear
the term "Fleet Coverage" and otherwise meet the provisions of the
Compulsory Insurance Law.
3. In the event the effective dates within an owner's policy
exceed one (1) year, the carrier shall furnish the owner a copy of
the owner's security verification form at least annually in addition
to the time of issuance or renewal in order for the owner to submit
the copy for motor vehicle registration purposes.
4. In the event an owner's policy also provides liability
coverage which meets the requirements of an operator's policy, the
carrier may also issue to each person entitled thereto an operator's
security verification form as provided in this section.
Oklahoma Statutes - Title 47. Motor Vehicles
B. Every carrier, upon issuing an operator's policy, a renewal
thereof, or a binder, may issue to the insured person a written
operator's security verification form of a size which may
conveniently be carried upon the person, containing the following
minimum information:
1. The name, address of the carrier, and the five-digit
National Association of Insurance Commissioners (NAIC) company code;
2. The name, address, and telephone number of the person or
office where an inquiry may be made to verify the existence of
security;
3. The name of the named insured; provided, the address of the
named insured shall not be included;
4. A notice that in accordance with the Compulsory Insurance
Law, liability coverage has been issued for the named insured;
5. A statement reflecting the form may be carried in lieu of an
owner's form pursuant to the Compulsory Insurance Law while
operating a motor vehicle. The form shall be produced upon request
of any peace officer or representative of the Department of Public
Safety. In case of an accident, the form shall be shown upon
request of a person affected by an accident with a vehicle operated
by the insured;
6. The inclusive dates of liability coverage; and
7. The policy number.
C. A carrier may provide any additional information consistent
with the Compulsory Insurance Law of this state in an owner's or
operator's security verification form but shall not be required to
list the actual amounts of liability coverage thereon. The security
verification form shall not constitute nor be construed as any part
of an insurance policy, renewal or binder.
D. A carrier shall designate on the security verification form
whether the policy is a commercial auto policy.
E. The Insurance Department may approve security verification
forms in electronic format and paper format.
Added by Laws 1982, c. 355, § 5, operative Jan. 1, 1983. Amended by
Laws 1988, c. 103, § 1, emerg. eff. April 1, 1988; Laws 1989, c.
181, § 12, eff. Nov. 1, 1989; Laws 2009, c. 62, § 32, eff. Nov. 1,
2009; Laws 2016, c. 88, § 3, eff. Nov. 1, 2016.
§47-7-601.2. Insurance carriers prohibited from canceling,
terminating, increasing or requiring higher premiums for certain
peace officers, firefighters or emergency vehicle operators.
No insurance carrier issuing a vehicle liability policy pursuant
to this article to a person employed as a peace officer,
firefighter, or operator of emergency vehicles as defined in Title
47 of the Oklahoma Statutes, in this state shall cancel, terminate,
increase the premiums due on such policy, or require such officer,
firefighter, or operator of emergency vehicles to pay higher
Oklahoma Statutes - Title 47. Motor Vehicles
premiums because of any accident in which such person was involved
if the accident occurred in the performance of the duty of such
person. The provisions of this section shall apply whether or not
the motor vehicle driven by the peace officer, firefighter, or
operator of emergency vehicles as defined in Title 47 of the
Oklahoma Statutes, involved in the accident was owned by such
person.
Added by Laws 1985, c. 129, § 1, eff. Nov. 1, 1985.
§47-7-602. Certification of existence of security — Online
verification system — Exemptions.
A. 1. The owner of a motor vehicle registered in this state
shall carry in the vehicle at all times a current owner's security
verification form listing the vehicle or an equivalent form which
has been issued by the Department of Public Safety, and the operator
of the vehicle shall produce the form upon request for inspection by
any law enforcement officer or representative of the Department and,
in case of an accident, the form shall be shown upon request to any
person affected by the accident.
2.
a.
Every person registering a motor vehicle in this
state, except a motor vehicle which is not being used
upon the public highways or public streets, or a
manufactured home while on a permanent foundation, at
the time of registration of the vehicle, shall certify
the existence of security with respect to the vehicle
by providing to a licensed operator or other
registering agency necessary information from the
current owner's security verification in a manner that
allows verification of coverage through the online
verification system. The information shall include
the name or number issued by the National Association
of Insurance Commissioners of the current insurance
carrier authorized to do business in this state and
the policy number applicable to the vehicle being
registered. A licensed operator or other registering
agency shall require the submission of the form or
other verifying information prior to processing an
application for registration or renewal.
b.
Every licensed operator or other registering agency
shall use the online verification system to certify
the existence of security with respect to the vehicle
from an insurance carrier authorized to do business in
this state unless the online verification system is
not online or the required information is otherwise
not available. In such a case, the licensed operator
or other registering agency may accept verification as
provided in subparagraph a of this paragraph or from a
Oklahoma Statutes - Title 47. Motor Vehicles
licensed insurance producer or customer service
representative to certify the existence of the
required insurance prior to processing any application
for motor vehicle registration. Every licensed
operator or other registering agent shall allow
submission of proof from a licensed insurance producer
or customer service representative pursuant to this
subparagraph via electronic mail at no additional cost
to the person registering the vehicle.
3. Fleet vehicles operating under the authority of the
Corporation Commission, the Federal Highway Administration, or
vehicles registered pursuant to the provisions of Section 1120 of
this title, shall certify the existence of security with respect to
each vehicle at the time of registration by submitting one of the
following:
a.
a current owner's security verification form verifying
the existence of security as required by the
Compulsory Insurance Law, or
b.
a permit number verified by the Corporation Commission
indicating the existence of a current liability
insurance policy. Provided, in the event the
Corporation Commission is unable to verify the
existence of insurance as provided herein in a prompt
and timely fashion, the Corporation Commission may
accept a current single state registration form issued
by the Corporation Commission or any other regulating
entity with which the Corporation Commission has
entered into a reciprocal compact or agreement
regarding the regulation of motor vehicles engaged in
interstate or foreign commerce upon and over the
public highways.
4. The following shall not be required to carry an owner's or
operator's security verification form or an equivalent form from the
Department of Public Safety during operation of the vehicle and
shall not be required to surrender a security verification form for
vehicle registration purposes:
a.
any vehicle owned or leased by the federal or state
government, or any agency or political subdivision
thereof,
b.
any vehicle bearing the name, symbol, or logo of a
business, corporation or utility on the exterior and
which is in compliance with the provisions of the
Compulsory Insurance Law according to records of the
Corporation Commission which reflect a deposit or
fleet policy,
Oklahoma Statutes - Title 47. Motor Vehicles
c.
fleet vehicles maintaining current vehicle liability
insurance as required by the Corporation Commission or
any other regulating entity,
d.
any licensed taxicab, and
e.
any vehicle owned by a licensed used motor vehicle
dealer.
5. Any person who knowingly issues or promulgates false or
fraudulent information in connection with either an owner's or
operator's security verification form or an equivalent form which
has been issued by the Department of Public Safety shall be guilty
of a misdemeanor and upon conviction shall be subject to a fine not
exceeding Five Hundred Dollars ($500.00), or imprisonment for not
more than six (6) months, or by both such fine and imprisonment.
B. Each licensed operator is authorized to charge a fee of One
Dollar and fifty cents ($1.50) to each person to whom the licensed
operator issues a certificate of registration and who is required to
surrender proof of financial responsibility, or for whom the
licensed operator certifies the existence of financial
responsibility through an authorized online certification system,
pursuant to the provisions of the Compulsory Insurance Law. The fee
may be retained by the licensed operator as compensation for
services in processing the proof of financial responsibility and for
processing the driver license information, insurance verification
information, and other additional information furnished to the
licensed operator pursuant to Section 1112 of this title, if such
licensed operator does not receive the maximum compensation as
authorized by law.
Added by Laws 1976, c. 176, § 2, operative Dec. 11, 1976. Amended
by Laws 1980, c. 235, § 8, eff. Jan. 1, 1981; Laws 1982, c. 355, §
6, operative July 1, 1982; Laws 1983, c. 49, § 1; Laws 1990, c. 298,
§ 1; Laws 1999, c. 232, § 4, eff. July 1, 1999; Laws 2004, c. 522, §
5, eff. July 1, 2004; Laws 2006, c. 322, § 2, eff. July 1, 2006;
Laws 2009, c. 62, § 33, eff. Nov. 1, 2009; Laws 2010, c. 440, § 2,
eff. Nov. 1, 2010; Laws 2015, c. 146, § 1, eff. Nov. 1, 2015; Laws
2017, c. 74, § 3, eff. Nov. 1, 2017; Laws 2022, c. 282, § 88, emerg.
eff. May 19, 2022.
NOTE: Laws 1980, c. 85, § 3 repealed by Laws 1982, c. 355, § 11,
emerg. eff. June 2, 1982.
§47-7-602.1. Possession of security verification form while
operating or using certain vehicles.
Every operator of a motor vehicle registered in this state
shall, while operating or using such vehicle, carry either an
operator's or an owner's security verification form issued by an
insurance carrier or an equivalent form issued by the Department of
Public Safety, reflecting liability coverage. An owner's security
verification form issued to the owner of a motor vehicle may be used
Oklahoma Statutes - Title 47. Motor Vehicles
as an operator's security verification form by an operator who is
not the owner of the motor vehicle, if the operator is not excluded
from coverage on the motor vehicle liability policy for the vehicle.
Any exclusions from the policy shall be included on the owner's
security verification form.
Added by Laws 1982, c. 355, § 7, operative July 1, 1983. Amended by
Laws 1986, c. 45, § 1, eff. Nov. 1, 1986; Laws 2009, c. 62, § 34,
eff. Nov. 1, 2009.
§47-7-603. Verification of security.
A. From its own records, the Department of Public Safety may
verify the existence of security made in the form of a deposit or of
self-insurance for which a certification has been made to the
Department.
B. The Department may at any time verify, using the online
verification system provided for in Section 7-600.2 of this title,
the existence of security certified to in policies issued by
insurance companies.
Added by Laws 1976, c. 176, § 3, operative Dec. 11, 1976. Amended
by Laws 1980, c. 235, § 9, eff. Jan. 1, 1981; Laws 1988, c. 243, §
1, eff. Nov. 1, 1988; Laws 1990, c. 298, § 2; Laws 2009, c. 62, §
35, eff. Nov. 1, 2009.
§47-7-603.1.
1991.
§47-7-604.
1982.
Repealed by Laws 1990, c. 298, § 12, eff. July 1,
Repealed by Laws 1982, c. 355, § 11, emerg. eff. June 2,
§47-7-605. Suspension of driving privilege and registration - Proof
of security - Seizure of driver license and vehicle - Other
penalties - Immunity.
A. 1. Whenever any person forfeits a bond, fails to appear, or
is convicted in any state or municipal court for permitting the
operation in this state of a motor vehicle owned by the person
without the security required by this title, for operating a motor
vehicle in this state without the security required by this title,
or for failure to carry a security verification form, the Department
of Public Safety shall suspend the driving privilege of the person.
2. The suspension of the driving privilege shall remain in
effect until payment is made of the fees provided for in Section 6212 of this title and proof of security is furnished to the
Department of Public Safety which complies with the requirements of
the Compulsory Insurance Law; provided, for purposes of this
section, proof of security shall not mean a binder policy but shall
mean an owner’s policy or an operator’s policy, as defined in
Section 7-600 of this title; provided further, a suspension for
Oklahoma Statutes - Title 47. Motor Vehicles
failure to appear shall remain in effect until proof of appearance
is received by the Department from the reporting court. Suspension
under this section shall be effective when notice thereof is given
pursuant to Section 2-116 of this title.
3. Any person whose driving privilege has been suspended
pursuant to the provisions of this subsection shall surrender to the
Department his or her driver license. Any person failing to
voluntarily relinquish his or her driver license to the Department
within thirty (30) days of receipt of the notice specified in
paragraph 2 of this subsection shall pay a fee of Fifty Dollars
($50.00) in addition to the fees provided for in Section 6-212 of
this title.
4. If a person furnishes proof to the satisfaction of the
Department that security was in effect at the time of the alleged
offense, the Department shall vacate the suspension order and shall
not require the filing of a certificate of insurance nor payment of
either of the above fees.
B. 1. When suspending the driving privilege for violation of
the Compulsory Insurance Law, or for violation of a municipal
ordinance requiring security or the carrying of a security
verification form, the Department may rely upon court records which
indicate that a person was either convicted or failed to appear upon
the charge when the record is obtained from any court of competent
jurisdiction which indicates one of the following:
a.
a conviction, or
b.
a notice of bond forfeiture.
2. A court record is sufficient under paragraph 1 of this
subsection which includes a statement such as "No Security Form",
"No Insurance" or other term indicating lack of security.
3. The Department may continue to rely on such records until
proof is submitted from the issuing court clerk which indicates that
the record either:
a.
was issued in error, or
b.
was not related to a violation of:
(1) the Compulsory Insurance Law,
(2) a security verification form as required by this
article, or
(3) a municipal ordinance requiring security or the
carrying of a security verification form.
C. If a nonresident's driving privilege is suspended pursuant
to subsection A of this section, the Department shall transmit
notice of the suspension to the licensing agency in the state in
which the nonresident resides.
D. Whenever any person’s driving privilege has been suspended
pursuant to this section or Section 7-612 of this title, the
Department may notify any law enforcement officer of the suspension.
Any law enforcement officer who has been notified that the driving
Oklahoma Statutes - Title 47. Motor Vehicles
privilege of a person has been suspended, upon observing the person
or motor vehicle anywhere upon a public street, highway, roadway,
turnpike, or public parking lot, shall stop the person or motor
vehicle, seize the driver license of the person, seize the vehicle
being operated by the person and cause the vehicle to be towed and
stored as provided in subsection B of Section 955 of this title, if
the officer has probable cause to believe that the vehicle is not
insured as required by the Compulsory Insurance Law of this state.
E. No person shall have a property interest in a driver license
issued pursuant to the laws of this state and it shall be the duty
of every person whose driving privilege has been suspended to
forthwith surrender his or her driver license upon the request of
any law enforcement officer or representative of the Department.
F. Any person upon a public street, highway, roadway, turnpike,
or public parking lot, within this state, who willfully refuses to
surrender possession of a driver license after being informed by a
peace officer or representative of the Department that his or her
driving privilege is currently under suspension according to the
records of the Department, shall be guilty of a misdemeanor,
punishable as provided in Section 17-101 of this title.
G. Any driver license surrendered to or seized by a law
enforcement officer pursuant to the Compulsory Insurance Law shall
be submitted to a representative of the Department in a manner and
with a form or method approved by the Department.
H. The Department shall deposit fees collected pursuant to
paragraph 3 of subsection A of this section or pursuant to
subsection E of Section 7-612 of this title in a special account of
the Department maintained with the office of the State Treasurer.
The State Treasurer shall credit these fees to this special account
to be distributed as hereinafter provided.
I. The Department shall identify the name of the employing law
enforcement agency from which a suspended driver license has been
received pursuant to this section, and determine that the fee
required by paragraph 3 of subsection A of this section has been
paid. The Department shall reimburse the law enforcement agency so
identified the sum of Twenty-five Dollars ($25.00) for each driver
license from the special account.
J. Any unencumbered monies remaining in the special account at
the close of each calendar month shall be transferred by the
Department to the General Revenue Fund of the State Treasury.
K. The State of Oklahoma, the departments and agencies thereof,
including the Department of Public Safety, all political
subdivisions, and the officers and employees of each, shall not be
held legally liable in any suit in law or in equity for any
erroneous entry of a suspension upon the records of the Department,
nor for the enforcement of the provisions of the Compulsory
Insurance Law performed in good faith.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1976, c. 176, § 5, operative Dec. 11, 1976. Amended
by Laws 1980, c. 235, § 10, eff. Jan. 1, 1981; Laws 1982, c. 355, §
8, operative July 1, 1982; Laws 1986, c. 279, § 19, operative July
1, 1986; Laws 1987, c. 5, § 155, emerg. eff. March 11, 1987; Laws
1988, c. 243, § 2, eff. Nov. 1, 1988; Laws 1990, c. 298, § 3; Laws
1991, c. 335, § 15, emerg. eff. June 15, 1991; Laws 1993, c. 301, §
2, eff. Sept. 1, 1993; Laws 1994, c. 218, § 9, eff. April 1, 1995;
Laws 1999, c. 119, § 2, eff. Nov. 1, 1999; Laws 2006, c. 322, § 4,
eff. July 1, 2006; Laws 2009, c. 62, § 36, eff. Nov. 1, 2009; Laws
2010, c. 440, § 3, eff. Nov. 1, 2010.
NOTE: Laws 1990, c. 219, § 44 repealed by Laws 1991, c. 335, § 36,
emerg. eff. June 15, 1991.
§47-7-606. Failure to maintain insurance or security — Penalties.
A. 1. An owner or operator who fails to comply with the
Compulsory Insurance Law shall be guilty of a misdemeanor and upon
conviction shall be subject to a fine of not more than Two Hundred
Fifty Dollars ($250.00), or imprisonment for not more than thirty
(30) days, or by both such fine and imprisonment and, in addition
thereto, shall be subject to suspension of the driving privilege of
the person in accordance with Section 7-605 of this title; provided,
that if a requesting law enforcement officer verifies valid and
current security and compliance with the Compulsory Insurance Law
through the online verification system, there shall be no violation
of the Compulsory Insurance Law and no citation shall be issued.
Upon issuing a citation under this paragraph, the law enforcement
officer issuing the citation may seize the vehicle being operated by
the person and cause the vehicle to be towed and stored as provided
by subsection A of Section 955 of this title, if the officer has
probable cause to believe that the vehicle is not insured as
required by the Compulsory Insurance Law of this state.
If the operator of the vehicle produces what appears to be a
valid security verification form and the officer is unable to
confirm compliance through the online verification system or
noncompliance by a subsequent investigation, the officer shall be
prohibited from seizing the vehicle and causing such vehicle to be
towed and stored. Further, no vehicle shall be seized and towed
under the provisions of this paragraph if the vehicle is displaying
a temporary license plate that has not expired pursuant to the
provisions of Sections 1137.1 and 1137.3 of this title.
2. An owner other than an owner of an antique or a classic
automobile as defined by the Oklahoma Tax Commission who files an
affidavit that a vehicle shall not be driven upon the public
highways or public streets, pursuant to Section 7-607 of this title,
who drives or permits the driving of the vehicle upon the public
highways or public streets, shall be guilty of a misdemeanor and
upon conviction thereof shall be subject to a fine of not more than
Oklahoma Statutes - Title 47. Motor Vehicles
Five Hundred Dollars ($500.00), or imprisonment for not more than
thirty (30) days, or by both such fine and imprisonment, and in
addition thereto, shall be subject to suspension of the driving
privilege of the person in accordance with Section 7-605 of this
title.
B. A sentence imposed for any violation of the Compulsory
Insurance Law may be suspended or deferred in whole or in part by
the court.
C. Any person producing proof in court that a current security
verification form or equivalent form which has been issued by the
Department of Public Safety reflecting liability coverage for the
person was in force at the time of the alleged offense shall be
entitled to dismissal of the charge. If proof of security
verification is presented to the court by no later than the business
day preceding the first scheduled court appearance date, the
dismissal shall be without payment of court costs. The court may
access information from the online verification system to confirm
liability coverage. The court shall not dismiss the fine unless
proof that liability coverage for the person was in force at the
time of the alleged offense is presented to the court.
D. Upon conviction or bond forfeiture, the court clerk shall
forward an abstract to the Department of Public Safety within five
(5) days reflecting the action taken by the court.
E. For purposes of this section, "court" means any court in
this state.
Added by Laws 1976, c. 176, § 6, operative Dec. 11, 1976. Amended
by Laws 1981, c. 271, § 1; Laws 1982, c. 355, § 9, operative July 1,
1982; Laws 1984, c. 181, § 2, eff. Nov. 1, 1984; Laws 1988, c. 243,
§ 3, eff. Nov. 1, 1988; Laws 1989, c. 110, § 1, eff. Nov. 1, 1989;
Laws 1990, c. 298, § 4; Laws 1991, c. 74, § 1, eff. Sept. 1, 1991;
Laws 2001, c. 131, § 7, eff. July 1, 2001; Laws 2006, c. 322, § 6,
eff. July 1, 2006; Laws 2009, c. 62, § 37, eff. Nov. 1, 2009; Laws
2010, c. 440, § 4, eff. Nov. 1, 2010; Laws 2011, c. 193, § 1, eff.
Nov. 1, 2011; Laws 2012, c. 207, § 4, emerg. eff. May 8, 2012; Laws
2013, c. 176, § 9, eff. Nov. 1, 2013; Laws 2014, c. 404, § 2, emerg.
eff. June 3, 2014; Laws 2015, c. 54, § 10, emerg. eff. April 10,
2015; Laws 2016, c. 125, § 1, eff. Nov. 1, 2016; Laws 2017, c. 42,
§16; Laws 2025, c. 150, § 1, emerg. eff. May 12, 2025.
NOTE: Laws 2014, c. 29, § 1 repealed by Laws 2015, c. 54, § 11,
emerg. eff. April 10, 2015. Laws 2016, c 88, § 2 repealed by Laws
2017, c. 42, § 17.
§47-7-606.1. Uninsured Vehicle Enforcement Program.
A. There is hereby created the Uninsured Vehicle Enforcement
Program.
B. The Uninsured Vehicle Enforcement Program shall be
implemented and administered by the district attorneys of the State
Oklahoma Statutes - Title 47. Motor Vehicles
of Oklahoma within their respective districts or at the District
Attorneys Council. To implement this program, the use of technology
and software to aid in detection of offenses involving uninsured
motorists is necessary and district attorneys and participating law
enforcement agencies shall have the authority to enter into
contractual agreements with automated license plate reader providers
to provide necessary technology, equipment and maintenance thereof.
C. 1. Participating law enforcement agencies may use automatic
license plate reader systems utilizing individual automatic license
plate reader system units to access and collect data for the
investigation, detection, analysis or enforcement of Oklahoma's
Compulsory Insurance Law.
2. To accomplish the purposes of the program, law enforcement
agencies shall be allowed to access the online verification system
for motor vehicle liability policies to establish compliance with
the Compulsory Insurance Law as provided in Section 7-600.2 of Title
47 of the Oklahoma Statutes.
3. Access to the system shall be restricted to authorized law
enforcement agency users in the program; provided, any entity with
which a contract is executed to provide necessary technology,
equipment and maintenance for purposes of the program shall be
authorized, as necessary, to collaborate for required updates and
maintenance of their software.
4. Any data collected and stored by law enforcement pursuant to
the program shall be considered evidence if noncompliance with the
Compulsory Insurance Law is confirmed.
D. A law enforcement officer may verify by sworn affidavit that
a photograph generated by an automatic license plate reader system
unit identifies a particular vehicle operating on or having been
operated on a public road, highway, street, turnpike, other public
place or upon any private road, street, alley or lane which provides
access to one or more single-family or multifamily dwellings and
that the online verification system shows that the vehicle was
uninsured at the time such vehicle was being operated. The
affidavit shall constitute probable cause for prosecution under
applicable state law.
E. Data collected or retained through the use of an automated
license plate reader system pursuant to the program shall be
retained by a law enforcement agency when the data is being used as
evidence of a violation of the Compulsory Insurance Law; provided,
when the data is no longer needed as evidence of a violation, the
data shall be deleted or destroyed.
F. Data collected or retained through the use of an automated
license plate reader system shall not be used by any individual or
agency for purposes other than enforcement of the Compulsory
Insurance Law or as otherwise permitted by law.
Oklahoma Statutes - Title 47. Motor Vehicles
1. No law enforcement agency or other entity authorized to
operate under this program shall sell captured license plate data
for any purpose or share it for any purpose not expressly authorized
by this section.
2. Any and all data collected, retained or shared through the
use of an automated license plate reader system, except data
retained as evidence of a violation of the Compulsory Insurance Law,
shall be exempt from the Oklahoma Open Records Act.
G. The provisions of the program shall not apply to, or be
construed or interpreted in a manner to prohibit the use of, any
other automated license plate reader system by an individual or
private legal entity for purposes not otherwise prohibited by law.
H. The provisions of the program shall not be implemented until
such time that the Insurance Department verifies that the following
conditions have been met:
1. At least Ninety-Five Percent (95%) of the personal lines
auto insurance market in the state participates in the Oklahoma
Compulsory Insurance Verification System using a real-time web
portal system; and
2. The Oklahoma Compulsory Insurance Verification System is
updated in such a way to allow for the provisions of the program to
be implemented without interrupting or impeding any other lawful
uses of the system.
I. Following the implementation of the program and every year
thereafter, the District Attorneys Council shall publish an annual
report for the previous fiscal year of the Uninsured Vehicle
Enforcement Program by September 1. An electronic copy of the
report shall be distributed to the President Pro Tempore of the
Senate and the Speaker of the House of Representatives and the
chairs of the House and Senate Appropriations Committees. The
report shall comprise an evaluation of program operations, and may
include any information and recommendations for improvement of the
program deemed appropriate by the entity submitting the report.
J. For purposes of this section:
1. "Automatic license plate reader system" means a system of
one or more mobile or law-enforcement-controlled cameras combined
with computer algorithms to convert images of registration plates
into computer-readable data;
2. "Law enforcement agency" includes the district attorney's
office of any county, the Department of Public Safety, the sheriff's
office of any county, and the chiefs of police of any city or town
having a population of more than one hundred thousand (100,000)
residents; and
3. "Program" means the Uninsured Vehicle Enforcement Program.
Added by Laws 2016, c. 365, § 1. Amended by Laws 2017, c. 74, § 2,
eff. Nov. 1, 2017.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-7-606.2. Uninsured Vehicle Enforcement Diversion Program.
A. Each district attorney may create within the district
attorney's office an Uninsured Vehicle Enforcement Diversion Program
and assign sufficient staff and resources for the efficient
operation of the program. The purpose of the Uninsured Vehicle
Enforcement Diversion Program is to authorize the district attorney
to divert complaints involving the failure to comply with mandatory
vehicle liability insurance coverage from criminal court to the
Uninsured Vehicle Enforcement Diversion Program and to enhance
public safety and security through increased compliance with
mandatory vehicle liability insurance coverage.
B. 1. Referral of a criminal complaint to the Uninsured
Vehicle Enforcement Diversion Program shall be at the discretion of
the district attorney. This act shall not limit the power of the
district attorney to prosecute Compulsory Insurance Law complaints.
2. Upon receipt of a complaint for failure to comply with the
Compulsory Insurance Law, the district attorney shall determine if
the complaint is one which is appropriate for deferred prosecution.
3. In determining whether to defer prosecution and refer a case
to the Uninsured Vehicle Enforcement Diversion Program, the district
attorney shall consider the following factors:
a.
whether the criminal complaint alleges an offense
involving the failure to maintain required vehicle
liability insurance coverage,
b.
whether it is in the best interest of the accused for
the accused person to be processed through deferred
prosecution in the Uninsured Vehicle Enforcement
Diversion Program,
c.
the prospects for adequate protection of the public if
the accused person is processed through deferred
prosecution in the Uninsured Vehicle Enforcement
Diversion Program,
d.
the number of criminal complaints against the
defendant previously received by the district
attorney,
e.
whether or not there are other criminal complaints
currently pending against the defendant, and
f.
the strength of the evidence of the particular
criminal complaint.
C. Upon referral of a complaint to the Uninsured Vehicle
Enforcement Diversion Program, a notice of the complaint shall be
forwarded by mail to the last known address of the record owner of
the vehicle. The notice shall contain:
1. The date the act which is the subject of the complaint
occurred;
2. A statement of the penalty for the violation of the
Compulsory Insurance Law which is the subject of the complaint;
Oklahoma Statutes - Title 47. Motor Vehicles
3. A statement that the records of the State of Oklahoma
indicate that the owner of the vehicle is not in compliance with the
provisions of the Compulsory Vehicle Insurance Law and that the
complaint against the owner has been referred to the Uninsured
Vehicle Enforcement Diversion Program; and
4. The date before which the owner must contact the office of
the district attorney concerning the complaint.
D. If the owner fails to comply with the letter, the district
attorney may file the information and proceed with the prosecution
of the owner as provided by law.
E. The district attorney may enter into a written agreement
with the owner pursuant to the provisions of Sections 305.1 through
305.6 of Title 22 of the Oklahoma Statutes to defer prosecution on
the complaint for a period to be determined by the district
attorney, not to exceed two (2) years. The conditions of an
agreement to defer prosecution shall include:
1. The owner shall provide verification of current insurance
upon request of the district attorney;
2. The owner shall comply with the provisions of the Compulsory
Insurance Law for the full term of the agreement; and
3. The owner shall not own or operate any vehicle in violation
of the Compulsory Insurance Law during the full term of the
agreement.
F. Each diversion agreement shall include a provision requiring
the owner to pay to the district attorney's office or District
Attorneys Council a fee equal to the amount which would have been
assessed as court costs upon the filing of the case in district
court pursuant to the provisions of Section 153 of Title 28 of the
Oklahoma Statutes. This fee shall be deposited in a special
district attorney fund with the county treasurer to be known as the
"Uninsured Vehicle Enforcement Diversion Program Fund". Diversion
fees paid to the District Attorneys Council shall be deposited in a
special fund to be known as the "Uninsured Vehicle Enforcement
Diversion Program Fund".
1. Each diversion agreement shall also include a provision
requiring the owner to pay an additional fee of Twenty Dollars
($20.00) to the District Attorneys Council, of which Five Dollars
($5.00) will be used in processing the payment, Ten Dollars ($10.00)
will be used in operating and maintaining the Compulsory Insurance
Verification System and Five Dollars ($5.00) will be deposited in
the Oklahoma Pension Improvement Revolving Fund created by section 2
of Enrolled Senate Bill No. 1128 of the 2nd Session of the 55th
Oklahoma Legislature.
2. The monies deposited in the Uninsured Vehicle Enforcement
Diversion Program Fund of a district attorney or the District
Attorneys Council shall be used by the district attorney and
District Attorneys Council to pay for all expenses and costs of
Oklahoma Statutes - Title 47. Motor Vehicles
equipping, operating and monitoring the vehicle insurance program,
including but not limited to, contractual payments to third-party
entities providing essential services and/or equipment for detection
of violations of Compulsory Insurance Law, and payment of reasonable
compensation to authorized and participating law enforcement
agencies as may be agreed between such entities, law enforcement
agencies and the district attorney or District Attorneys Council.
3. Proceeds from the Uninsured Vehicle Enforcement Diversion
Program administered by the District Attorneys Council may be used
to pay for any lawful expenditures associated with the operation of
the diversion program by the District Attorneys Council. The net
proceeds shall be allocated and distributed to the district
attorneys by the District Attorneys Council. District attorneys may
use proceeds from this diversion program to pay for any lawful
expenditure associated with the operation of the district attorney's
office.
4. The district attorney and District Attorneys Council shall
keep records of all monies deposited to and disbursed from the
Uninsured Vehicle Enforcement Diversion Program Fund. The records
of these funds shall be audited at the same time the records of the
district attorney and District Attorneys Council, respectively, are
audited.
5. If the owner furnishes proof to the satisfaction of the
district attorney's office or District Attorneys Council that the
required vehicle liability insurance coverage was in effect at the
time of the alleged violation, no fee shall be required.
G. Members of the district attorney's staff shall perform
duties in connection with the Uninsured Vehicle Enforcement
Diversion Program in addition to any other duties which may be
assigned by the district attorney.
H. District attorneys shall prepare and submit an annual report
to the District Attorneys Council showing total deposits and total
expenditures in the Uninsured Vehicle Enforcement Diversion Program.
Each district attorney shall submit information requested by the
District Attorneys Council regarding the Uninsured Vehicle
Enforcement Diversion Program.
By September 15 of each year following the implementation of the
Uninsured Vehicle Enforcement Program, the District Attorneys
Council shall publish an annual report for the previous fiscal year
of the Uninsured Vehicle Enforcement Diversion Program. An
electronic copy of the report shall be distributed to the Governor,
President Pro Tempore of the Senate, Speaker of the House of
Representatives and the chairs of the House and Senate
Appropriations Committees. The report required by this paragraph
shall include the number of cases processed, the total amount of
fees collected, the total cost of the program and such other
information as required by the District Attorneys Council.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 2016, c. 365, § 2.
§47-7-607. Exemptions.
A. Every owner of a motor vehicle which is not used upon the
public highways or public streets shall be exempt from the
provisions of the Compulsory Insurance Law if the owner of the
vehicle has filed an affidavit with the appropriate motor license
agent which states that the vehicle shall not be driven upon the
public highways or public streets during the uninsured period.
The form of the affidavit shall be prescribed by the Oklahoma
Tax Commission and shall contain blanks for the owner to specify the
length of time the vehicle shall not be driven upon the public
highways or public streets, the reason the vehicle shall not be
driven, and any other information deemed necessary by the Tax
Commission.
B. The owner or transporter of a manufactured home, as defined
by Section 1102 of this title, who is moving or transporting such
manufactured home on state roads or federal highways shall comply
with the provisions of the Compulsory Insurance Law.
C. Any person, firm or corporation engaged in the business of
operating a taxicab or taxicabs shall be exempt from the provisions
of the Compulsory Insurance Law if the person, firm or corporation
has complied with the provisions of Section 8-104 of this title.
Added by Laws 1978, c. 105, § 1, eff. Dec. 11, 1978. Amended by
Laws 1981, c. 118, § 3; Laws 1984, c. 253, § 3, operative July 1,
1984; Laws 1986, c. 138, § 1, emerg. eff. April 17, 1986; Laws 2009,
c. 62, § 38, eff. Nov. 1, 2009.
§47-7-608. Repealed by Laws 2009, c. 7, § 2, eff. Nov. 1, 2009 and
Laws 2009, c. 62, § 41, eff. Nov. 1, 2009.
§47-7-609.
Repealed by Laws 2009 c. 62, § 41, eff. Nov. 1, 2009.
§47-7-610.
Repealed by Laws 1994, c. 218, § 12, eff. April 1, 1995.
§47-7-612. Security verification forms - Violations of law Penalties.
A. It is a misdemeanor for any person:
1. To purchase a security verification form which bears altered
or fictitious information concerning the existence of security
required by the Compulsory Insurance Law;
2. To display or cause or permit to be displayed or to possess
a security verification form which the person knows bears altered or
fictitious information concerning the existence of security required
by the Compulsory Insurance Law; or
3. To display or cause or permit to be displayed or to possess
any security verification form that is counterfeit.
Oklahoma Statutes - Title 47. Motor Vehicles
B. It is a Class C2 felony offense for anyone, other than an
insurer or insurance producer as defined by Section 1435.2 of Title
36 of the Oklahoma Statutes, to:
1. Create or otherwise manufacture a security verification form
or facsimile thereof, or to create, manufacture or possess an
engraved plate or other such device for the printing of security
verification forms; or
2. Issue or sell security verification forms.
C. 1. The violation of any of the provisions of subsection A
of this section shall constitute a misdemeanor punishable by a fine
of not less than Twenty-five Dollars ($25.00), nor more than Two
Hundred Fifty Dollars ($250.00) and by mandatory suspension of the
person’s driving privilege for:
a.
two (2) months, for a first offense,
b.
six (6) months, for a second offense, or
c.
one (1) year, for a third or subsequent offense.
The suspension imposed under this subsection shall not be modified.
2. The violation of any of the provisions of subsection B of
this section shall constitute a Class C2 felony offense punishable
by a fine not exceeding Ten Thousand Dollars ($10,000.00), or a term
of imprisonment as provided for in subsections B through F of
Section 20M of Title 21 of the Oklahoma Statutes, or by both such
fine and imprisonment.
D. The suspension required in subsection C of this section
shall remain in effect until payment is made of the fees provided
for in Section 6-212 of this title and proof of security is
furnished to the Department of Public Safety which complies with the
requirements of Section 7-601 of this title. Suspension under this
section shall be effective when notice is given pursuant to Section
2-116 of this title.
E. Any person whose driving privilege has been suspended
pursuant to the provisions of subsection C of this section shall
surrender to the Department his or her driver license within thirty
(30) days from the date of the suspension. Any owner failing to
surrender his or her driver license to the Department within such
time shall pay a fee of Fifty Dollars ($50.00) which shall be in
addition to the fees provided for in Section 6-212 of this title.
Added by Laws 2006, c. 322, § 5, eff. July 1, 2006. Amended by Laws
2007, c. 326, § 15, eff. Nov. 1, 2007; Laws 2009, c. 62, § 39, eff.
Nov. 1, 2009; Laws 2025, c. 486, § 269, eff. Jan. 1, 2026.
§47-7-621. Oklahoma Temporary Motorist Liability Plan.
A. There is hereby created the "Oklahoma Temporary Motorist
Liability Plan".
B. The Oklahoma Temporary Motorist Liability Plan will provide
minimum vehicle liability insurance coverage for the payment of loss
resulting from the liability imposed by law for bodily injury, death
Oklahoma Statutes - Title 47. Motor Vehicles
and property damage sustained by any person arising out of the
ownership, maintenance, operation or use of a vehicle when a
citation is issued and the vehicle license plate has been seized
pursuant to subparagraph b of paragraph 1 of subsection A of Section
7-606 of Title 47 of the Oklahoma Statutes.
C. Coverage amount will be equal to the state minimum liability
requirement.
Added by Laws 2013, c. 176, § 1, eff. Nov. 1, 2013.
§47-7-622. Coverage periods.
A. Coverage shall only be provided by the Oklahoma Temporary
Motorist Liability Plan from the time period beginning when the
citation is issued and the vehicle license plate is seized pursuant
to subparagraph b of paragraph 1 of subsection A of Section 7-606 of
Title 47 of the Oklahoma Statutes, and ending at the earliest of the
following times:
1. When the owner of the vehicle has:
a.
obtained documentation from the Department of Public
Safety showing the owner of the vehicle has secured
for the payment of loss resulting from the liability
imposed by law for bodily injury, death and property
damage sustained by any person arising out of the
ownership, maintenance, operation or use of the
vehicle meeting the minimum vehicle liability limits,
or
b.
obtained the state minimum mandatory insurance from an
insurance carrier;
2. Retrieved the license plate from the county sheriff's office
pursuant to subparagraph b of paragraph 1 of subsection A of Section
7-606 of Title 47 of the Oklahoma Statutes; or
3. When the citation serving as the temporary license plate has
expired pursuant to subparagraph b of paragraph 1 of subsection A of
Section 7-606 of Title 47 of the Oklahoma Statutes.
B. Coverage shall only be provided while the motor vehicle is
operated in this state during the time period provided in subsection
A of this section.
Added by Laws 2013, c. 176, § 2, eff. Nov. 1, 2013.
§47-7-623. Temporary Insurance Premium Pool.
A. There is hereby created the Temporary Insurance Premium
Pool. Funds shall be deposited into the Temporary Insurance Premium
Pool pursuant to subparagraph b of paragraph 1 of subsection A of
Section 7-606 of Title 47 of the Oklahoma Statutes.
B. Any interest or earning accrued to the Plan Administrator
accounts associated with the Oklahoma Temporary Motorist Liability
Plan shall be deposited into the Temporary Insurance Premium Pool.
Oklahoma Statutes - Title 47. Motor Vehicles
C. At the end of any state fiscal year, if the Temporary
Insurance Premium Pool reserves exceed that year's three-month
average total statewide premium, then the excess funds shall be
distributed to the Department of Public Safety's operations fund.
D. The Temporary Insurance Premium Pool is subject to audit by
the State Auditor and Inspector.
Added by Laws 2013, c. 176, § 3, eff. Nov. 1, 2013.
§47-7-624. Secondary coverage.
Coverage provided by the Oklahoma Temporary Motorist Liability
Plan will be secondary to any other coverage in effect on the
vehicle.
Added by Laws 2013, c. 176, § 4, eff. Nov. 1, 2013.
§47-7-625. Forms - Bidding
A. The Insurance Commissioner shall when necessary, develop and
approve a policy form for the purpose of providing coverage under
the Oklahoma Temporary Motorist Liability Plan. All coverage and
exclusions shall be defined in the form prescribed by the
Commissioner. The exclusions may include, but are not limited to,
driving without a license, driving during the commission of a felony
or driving while under the influence. The approved policy form
shall become part of a Request for Proposals.
B. The Office of Management and Enterprise Services, in
consultation with the Insurance Commissioner, shall select an
insurer through a competitive bidding process to administer
insurance coverage under the Plan. The contract for insurance
coverage awarded pursuant to this section may be a multi-year
contract, renewable annually, in accordance with any applicable
Office of Management and Enterprise Services guidelines or
procedures.
C. Bids shall be received by the Office of Management and
Enterprise Services by November 1 as required for any rebidding
year. Bids shall be expressed as a daily temporary insurance rate
and shall include all costs associated with administering the
insurance portion of the Plan. Bids may not include any additional
administrative fees. The Office of Management and Enterprise
Services, in consultation with the Insurance Commissioner, shall
select the lowest and best bid.
D. If no acceptable bids are received, the Office of Management
and Enterprise Services may suspend coverage provided under the Plan
until acceptable bids are received.
Added by Laws 2013, c. 176, § 5, eff. Nov. 1, 2013. Amended by Laws
2016, c. 125, § 2, eff. Nov. 1, 2016.
§47-7-626.
Plan administrator – Rates – Premiums.
Oklahoma Statutes - Title 47. Motor Vehicles
A. The Insurance Commissioner may contract with a statewide
association of county sheriffs in Oklahoma to serve as the Plan
Administrator.
B. The daily rate for temporary insurance under the Oklahoma
Temporary Motorist Liability Plan for the following calendar year
shall be announced on the first Monday in December. The daily cost
of coverage and administrative fee shall be paid to the county
sheriff's office or municipal police department and the fine and
court fees associated with the traffic ticket shall be paid to the
court clerk. The daily cost of coverage shall be calculated on each
twenty-four-hour period from the time the citation was issued
pursuant to subparagraph b of paragraph 1 of subsection A of Section
7-606 of this title, rounding up. The county sheriff's office or
municipal police department shall not waive premium dues for any
defendant, except as provided in subsection D of this section. The
county sheriff's office or municipal police department shall remit
all proceeds from the daily cost of insurance to the Plan on the
first business day of each month to the Plan Administrator. The
Plan Administrator shall remit the total statewide monthly premium
to the appropriate insurance carrier within sixty (60) days of the
premium being earned.
C. If for any reason the premium is not collected, then the
Oklahoma Temporary Motorist Liability Plan shall pay the premium out
of the Temporary Insurance Premium Pool.
D. If the citation issued pursuant to subparagraph b of
paragraph 1 of subsection A of Section 7-606 of this title is
dismissed without cost, the coverage provided under the Plan is
considered never activated and the premium is considered unearned
and shall be waived.
E. Tag agents shall not issue a new or renewed tag for this
vehicle until all fines, fees and premiums have been paid and the
license plate has been released by the county sheriff's office.
Added by Laws 2013, c. 176, § 6, eff. Nov. 1, 2013. Amended by Laws
2016, c. 125, § 3, eff. Nov. 1, 2016; Laws 2018, c. 148, § 1, eff.
Nov. 1, 2018.
§47-7-627. Right of recovery.
The insurance carrier whose bid was selected by the Office of
Management and Enterprise Services shall have the right to recover
from the owner of the vehicle or the driver of the vehicle that was
cited for claims paid by the Oklahoma Temporary Motorist Liability
Plan.
Added by Laws 2013, c. 176, § 7, eff. Nov. 1, 2013.
§47-7-628.
Implementation.
Oklahoma Statutes - Title 47. Motor Vehicles
The Department of Public Safety may promulgate reasonable and
necessary rules concerning the implementation of the Oklahoma
Temporary Motorist Liability Plan.
Added by Laws 2013, c. 176, § 8, eff. Nov. 1, 2013.
§47-7-700. Reinstatement of driving privileges following subsequent
withdrawal – Liability for fees.
Any person whose driving privileges have been withdrawn by the
Department under the provisions of Chapter 7 of this title, and
whose driving privileges are subsequently withdrawn for another
violation of Chapter 7 of this title arising out of the same
incident, shall not be required to pay to the Department any
additional fees required by Section 6-212 of this title, as a
condition of reinstatement of driving privileges from the subsequent
withdrawal.
Added by Laws 2000, c. 58, § 1, eff. July 1, 2000. Amended by Laws
2005, c. 394, § 7, emerg. eff. June 6, 2005.
§47-8-101. Owner of for-rent vehicle to give proof of financial
responsibility.
A. It shall be unlawful for the owner of any motor vehicle
engaged in the business of renting motor vehicles without drivers to
rent a motor vehicle without a driver otherwise than as a part of a
bona fide transaction involving the sale of such motor vehicle,
unless he or she has previously notified the Department of Public
Safety of the intention to so rent such vehicle and has given proof
of financial responsibility, and Service Oklahoma shall not register
any such vehicle unless and until the owner gives proof of financial
responsibility either as provided in this section or, in the
alternative, as provided in Section 8-102 of this title. Service
Oklahoma shall cancel the registration of any motor vehicle rented
without a driver whenever Service Oklahoma ascertains that the owner
has failed or is unable to give and maintain such proof of financial
responsibility.
B. Such owner shall submit to the Commissioner of Public Safety
evidence that there has been issued to him or her by an insurance
carrier authorized to do business in this state a public liability
insurance policy or policies covering each such motor vehicle so
rented in the amounts as hereinafter stated and insuring every
person operating such vehicle under a rental agreement or operating
the vehicle with the express or implied permission of the owner
against loss from the liability imposed by law upon such person
arising out of the operation of said vehicle in the amount of
Twenty-five Thousand Dollars ($25,000.00) for bodily injury to or
death of one person and, subject to said limit as respects bodily
injury to or death of any one person, the amount of Fifty Thousand
Dollars ($50,000.00) on account of bodily injury to or death of more
Oklahoma Statutes - Title 47. Motor Vehicles
than one person in any one accident and Twenty-five Thousand Dollars
($25,000.00) for damage to property of others in any one accident.
Provided, that the Commissioner is authorized to accept, in lieu of
such public liability insurance policy covering specific vehicles,
proof by evidence satisfactory to the Commissioner of a valid and
binding lease contract between the owner and a renter wherein it is
agreed between such owner and the lessee-renter that such lesseerenter accepts responsibility for loss from any liability imposed by
law upon any person arising out of the operation, either by express
or implied permission of the lessee-renter, of any vehicle covered
by such lease in amounts not less than the minimum amounts before
set out in this subsection, together with satisfactory evidence of
issuance to such lessee-renter, by an insurance carrier authorized
to do business in this state, proper public liability insurance
policies in amounts of not less than the minimum amounts before set
out in this subsection or sufficient showing of financial
responsibility of such lessee-renter as is required of owners by the
provisions of Section 8-102 of this title.
C. The owner shall maintain such policy or policies in full
force and effect during all times that he or she is engaged in the
business of renting any motor vehicle without a driver unless said
owner shall have given proof of financial responsibility as provided
in Section 8-102 of this title.
D. Said policy or policies need not cover any liability
incurred by the renter of any vehicle to any passenger in such
vehicle.
E. When any suit or action is brought against the owner of a
for-rent motor vehicle upon a liability under this title, it shall
be the duty of the judge of the court before whom the case is
pending to cause a preliminary hearing to be had, in the absence of
the jury, for the purpose of determining whether the owner has
obtained and there is in full force and effect, a policy or policies
of insurance covering the person operating the vehicle under a
rental agreement, in the limits above mentioned. When it appears
that the owner has obtained such policy or policies and that the
same are in full force and effect, the judge or magistrate before
whom such action is pending shall dismiss the action as to the owner
of the motor vehicle.
F. Whenever the owner of a motor vehicle rents such vehicle
without a driver to another, it shall be unlawful for the latter to
permit any other person to operate such vehicle without the
permission of the owner.
G. Any person who violates any of the provisions of this
section shall be guilty of a misdemeanor, and upon conviction
thereof, shall be punished by a fine of not more than Five Hundred
Dollars ($500.00) or by imprisonment in the county jail for not more
than six (6) months, or by both such fine and imprisonment.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1961, p. 367, § 8-101, eff. Sept. 1, 1961. Amended by
Laws 1980, c. 235, § 7, eff. Jan. 1, 1981; Laws 2004, c. 519, § 33,
eff. Nov. 1, 2004; Laws 2022, c. 282, § 89, emerg. eff. May 19,
2022.
§47-8-102. Owner of for-rent vehicle liable when no policy
obtained.
A. In the event the owner of a for-rent motor vehicle has not
given proof of financial responsibility as provided in Section 8-101
of this title, then Service Oklahoma shall not register any motor
vehicle owned by such person and rented, or intended to be rented,
to another unless such owner shall demonstrate, to the satisfaction
of the Commissioner of Public Safety, his or her financial ability
to respond in damages as follows:
1. If he or she applies for registration of one motor vehicle,
in the sum of at least Twenty Thousand Dollars ($20,000.00) for any
one person injured or killed and in the sum of Forty Thousand
Dollars ($40,000.00) for any number more than one injured or killed
in any one accident.
2. If he or she applies for the registration of more than one
motor vehicle, then in the foregoing sums for one motor vehicle, and
Twenty Thousand Dollars ($20,000.00) additional for each motor
vehicle in excess of one, but it shall be sufficient for the owner
to demonstrate ability to respond in damages in the sum of Two
Hundred Thousand Dollars ($200,000.00) for any number of motor
vehicles.
B. Service Oklahoma shall cancel the registration of any motor
vehicle rented without a driver whenever Service Oklahoma ascertains
that the owner has failed or is unable to comply with the
requirements of this section.
C. Any owner of a for-rent motor vehicle who has given proof of
financial responsibility under this section or who in violation of
this act has failed to give proof of financial responsibility shall
be jointly and severally liable with any person operating such
vehicle for any damages caused by the negligence of any person
operating the vehicle by or with the permission of the owner, except
that the foregoing provision shall not confer any right of action
upon any passenger in any such rented vehicle as against the owner.
D. Nothing in this section shall be construed to prevent an
owner from making defense in any such action upon the ground of
comparative or contributory negligence to the extent to which such
defense is allowed in other cases.
Added by Laws 1961, p. 368, § 8-102, emerg. eff. Sept. 1, 1961.
Amended by Laws 1980, c. 235, § 11, eff. Jan. 1, 1981; Laws 2022, c.
282, § 90, emerg. eff. May 19, 2022.
§47-8-103.
Renting motor vehicle to another.
Oklahoma Statutes - Title 47. Motor Vehicles
A. No person shall rent a motor vehicle to any other person
unless the person to whom the vehicle is to be rented is duly
licensed to operate a motor vehicle as required under this act or,
in the case of a nonresident, then duly licensed under the laws of
the state or country of his or her residence.
B. No person shall rent a motor vehicle to another until he or
she has inspected the driver license of the person to whom the
vehicle is to be rented and compared and verified the signature
thereon with the signature of such person written in his or her
presence.
C. Every person renting a motor vehicle to another shall keep a
record of the registration number of the motor vehicle so rented,
the name and address and driver license number of the person to whom
the vehicle is rented, the expiration date of said license and place
where said license was issued. Such record shall be open to
inspection by any police officer or officer or employee of Service
Oklahoma.
Added by Laws 1961, p. 368, § 8-103, eff. Sept. 1, 1961. Amended by
Laws 1995, c. 23, § 11, eff. Nov. 1, 1995; Laws 2005, c. 355, § 1,
eff. Nov. 1, 2005; Laws 2022, c. 282, § 91, emerg. eff. May 19,
2022.
§47-8-104. Financial responsibility of taxicab operators.
A. 1. Every person, firm or corporation engaged in the
business of operating a taxicab or taxicabs within a municipality
shall file with the governing board of the municipality in which
such business is operated proof of financial responsibility.
2. No governing board of a municipality shall hereafter issue
any certificate of convenience and necessity, franchise, license
permit or other privilege or authority to any person, firm or
corporation authorizing such person, firm or corporation to engage
in the business of operating a taxicab or taxicabs within the
municipality unless such person, firm or corporation first files
with the governing board proof of financial responsibility.
3. Every person, firm or corporation engaging or intending to
engage in the business of transporting passengers outside a
municipality shall be subject to the jurisdiction of the Corporation
Commission in accordance with Section 230.24 of this title and the
rules of the Corporation Commission.
B. As used in this section, "proof of financial responsibility"
shall mean a certificate of any insurance carrier or risk retention
group, as defined in Section 6453 of Title 36 of the Oklahoma
Statutes, authorized to do business in the state certifying that
there is in effect a policy of liability insurance insuring the
owner and operator of the taxicab business, his agents and employees
while in the performance of their duties against loss from any
liability imposed by law for damages including damages for care and
Oklahoma Statutes - Title 47. Motor Vehicles
loss of services because of bodily injury to or death of any person
and injury to or destruction of property caused by accident and
arising out of the ownership, use or operation of such taxicab or
taxicabs, subject to minimum limits, exclusive of interest and cost,
with respect to each such motor vehicle as follows:
1. Twenty-five Thousand Dollars ($25,000.00) because of bodily
injury to or death of one person in any one accident and, subject to
said limit for one person;
2. Fifty Thousand Dollars ($50,000.00) because of bodily injury
to or death of two or more persons in any one accident; and
3. Twenty-five Thousand Dollars ($25,000.00) because of injury
to or destruction of property of others in any one accident.
Added by Laws 1961, p. 369, § 8-104, eff. Sept. 1, 1961. Amended by
Laws 1980, c. 235, § 12, eff. Jan. 1, 1981; Laws 1986, c. 138, § 2,
emerg. eff. April 17, 1986; Laws 1998, c. 85, § 5, eff. July 1,
1998; Laws 2000, c. 165, § 1, eff. Nov. 1, 2000; Laws 2004, c. 519,
§ 34, eff. Nov. 1, 2004; Laws 2007, c. 326, § 16, eff. Nov. 1, 2007.
§47-8-105. Additional mandatory charges — Good-faith estimate and
disclosure.
A. If a motor vehicle rental company imposes additional
mandatory charges, the rental company shall:
1. Provide a good-faith estimate of the total charges for the
entire rental, including all additional mandatory charges, whenever
a quote is provided to a potential customer. The good-faith
estimate may exclude mileage charges and charges for optional items
that cannot be determined prior to completing a rental reservation
based on the information provided by the potential customer; and
2. Disclose in the rental contract provided to the renter the
total charges for the entire rental, including all additional
mandatory charges. Total charges for the entire rental do not
include any charges that cannot be determined at the time the rental
commences.
B. As used in this section:
1. “Additional mandatory charge” means any separately stated
charges that a motor vehicle rental company requires a renter to pay
that specifically relate to the operation of a rental vehicle.
Additional mandatory charge includes, but is not limited to, a
customer facility charge, airport concession recovery fee, road
safety program fee, vehicle license recovery fee, or any government
imposed taxes or fees;
2. “Motor vehicle” means the same as set forth in Section 562
of Title 47 of the Oklahoma Statutes;
3. “Motor vehicle rental agreement” means an agreement for the
rental of a motor vehicle for transportation purposes, for a period
no more than ninety (90) days, in return for a fee that is
calculated on a daily, weekly, or monthly basis;
Oklahoma Statutes - Title 47. Motor Vehicles
4. “Motor vehicle rental company” means an entity that is in
the business of renting, pursuant to motor vehicle rental
agreements;
5. “Quote” means an estimated cost of rental provided by a
motor vehicle rental company to a potential customer based on
information provided by the customer, including potential dates of
rental, location, or class of vehicle; and
6. “Vehicle license recovery fee” means a charge to recover
costs incurred by a motor vehicle rental company to license, title,
register, plate, or inspect a rental vehicle.
Added by Laws 2023, c. 210, § 1, eff. Nov. 1, 2023.
§47-10-101. Provisions of chapter apply throughout state.
The provisions of this chapter shall apply upon highways and
elsewhere throughout the state.
Added by Laws 1961, p. 370, § 10-101, eff. Sept. 1, 1961. Amended
by Laws 1972, c. 160, § 2.
§47-10-102. Accidents involving nonfatal injury.
A. The driver of any vehicle involved in an accident resulting
in a nonfatal injury to any person shall immediately stop such
vehicle at the scene of such accident or as close thereto as
possible but shall then forthwith return to and in every event shall
remain at the scene of the accident until he has fulfilled the
requirements of Section 10-104 of this title. Every such stop shall
be made without obstructing traffic more than is necessary.
B. Any person willfully, maliciously, or feloniously failing to
stop to avoid detection or prosecution or to comply with said
requirements under such circumstances, shall upon conviction be
guilty of a Class B5 felony offense punishable by imprisonment for
not less than ten (10) days nor more than two (2) years, or by a
fine of not less than Fifty Dollars ($50.00) nor more than One
Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
C. The Commissioner of Public Safety shall revoke the license
or permit to drive and any nonresident operating privilege of the
person so convicted.
Added by Laws 1961, p. 370, § 10-102, eff. Sept. 1, 1961. Amended
by Laws 1985, c. 112, § 9, eff. Nov. 1, 1985; Laws 1992, c. 382, §
5, emerg. eff. June 9, 1992; Laws 1997, c. 133, § 478, eff. July 1,
1999; Laws 1999, 1st Ex.Sess., c. 5, § 345, eff. July 1, 1999; Laws
2025, c. 486, § 176, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 478 from July 1, 1998, to July 1, 1999.
§47-10-102.1. Accidents involving death.
A. The driver of any vehicle involved in an accident resulting
in the death of any person shall immediately stop such vehicle at
Oklahoma Statutes - Title 47. Motor Vehicles
the scene of such accident or as close thereto as possible but shall
then forthwith return to and in every event shall remain at the
scene of the accident until he has fulfilled the requirements of
Section 10-104 of this title. Every such stop shall be made without
obstructing traffic more than is necessary.
B. Any person willfully, maliciously, or feloniously failing to
stop to avoid detection or prosecution, or to comply with said
requirements under such circumstances, shall upon conviction be
guilty of a Class B4 felony offense punishable by imprisonment for
not less than one (1) year nor more than ten (10) years, or by a
fine of not less than One Thousand Dollars ($1,000.00) nor more than
Ten Thousand Dollars ($10,000.00), or by both such fine and
imprisonment.
C. The Commissioner of Public Safety shall revoke the license
or permit to drive and any nonresident operating privilege of the
person so convicted.
Added by Laws 1992, c. 382, § 6, emerg. eff. June 9, 1992. Amended
by Laws 1997, c. 133, § 479, eff. July 1, 1999; Laws 1999, 1st
Ex.Sess., c. 5, § 346, eff. July 1, 1999; Laws 2025, c. 486, § 142,
eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 479 from July 1, 1998, to July 1, 1999.
§47-10-103. Accidents involving damage to vehicle.
The driver of any vehicle involved in an accident resulting only
in damage to a vehicle which is driven or attended by any person
shall immediately stop such vehicle at the scene of such accident or
as close thereto as possible but shall forthwith return to and in
every event shall remain at the scene of such accident until he has
fulfilled the requirements of Section 10-104 of this title. Every
such stop shall be made without obstructing traffic more than is
necessary. Any person failing to stop or comply with said
requirements under such circumstances shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
not to exceed Five Hundred Dollars ($500.00) or by imprisonment in
the county jail for not more than one (1) year, or by both such fine
and imprisonment. In addition to the criminal penalties imposed by
this section, any person violating the provisions of this section
shall be subject to liability for damages in an amount equal to
three times the value of the damage caused by the accident. Said
damages shall be recoverable in a civil action. Nothing in this
section shall prevent a judge from ordering restitution for any
damage caused by a driver involved in an accident provided for in
this section.
Amended by Laws 1987, c. 224, § 15, eff. Nov. 1, 1987.
§47-10-104.
Duty to give information and render aid.
Oklahoma Statutes - Title 47. Motor Vehicles
The driver of any vehicle involved in an accident resulting in
injury to or death of any person or damage to any vehicle which is
driven or attended by any person shall give his or her correct name,
address and registration number of the vehicle he or she is driving,
and shall upon request exhibit his or her driver license and his or
her security verification form, as defined in Section 7-600 of this
title, to the person struck or the driver or occupant of or person
attending any vehicle collided with, and shall render to any person
injured in such accident reasonable assistance, including the
carrying, or the making of arrangements for the carrying, of such
person to a physician, surgeon or hospital for medical or surgical
treatment if it is apparent that such treatment is necessary or if
such carrying is requested by the injured person. Any driver who
provides information required by this section which is intentionally
inaccurate shall be subject to the provisions of Section 10-103 of
this title.
Added by Laws 1961, p. 371, § 10-104, eff. Sept. 1, 1961. Amended
by Laws 1985, c. 134, § 1, eff. Nov. 1, 1985; Laws 1991, c. 237, §
1, eff. Sept. 1, 1991; Laws 1993, c. 192, § 1, eff. Sept. 1, 1993;
Laws 1995, c. 23, § 12, eff. Nov. 1, 1995; Laws 1995, c. 313, § 2,
eff. July 1, 1995; Laws 2005, c. 394, § 8, emerg. eff. June 6, 2005;
Laws 2025, c. 172, § 2, eff. Nov. 1, 2025.
§47-10-105. Duty upon striking unattended vehicle.
The driver of any vehicle which collides with any vehicle which
is unattended shall immediately stop and shall then and there either
locate and notify the operator or owner of such vehicle of the
correct name and address of the driver and owner of the vehicle
striking the unattended vehicle, and provide said operator or owner
with information from his security verification form, as defined by
Section 7-600 of this title, or shall leave in a conspicuous place
in the vehicle struck a written notice giving the name and address
of the driver and of the owner of the vehicle doing the striking,
and providing information from his security verification form, as
defined by Section 7-600 of this title, and a statement of the
circumstances thereof.
Amended by Laws 1985, c. 134, § 2, eff. Nov. 1, 1985.
§47-10-106. Duty upon striking fixtures upon a highway.
The driver of any vehicle involved in an accident resulting only
in damage to fixtures, fences, or other property legally upon or
adjacent to a highway shall take reasonable steps to locate and
notify the owner or person in charge of such property of such fact
and of the driver's name and address and of the registration number
of the vehicle being driven and shall upon request exhibit a driver
license and security verification form, as defined in Section 7-600
Oklahoma Statutes - Title 47. Motor Vehicles
of this title, and shall make report of such accident when and as
required in Section 10-108 of this title.
Any person failing to stop or comply with said requirements
under such circumstances shall, upon conviction, be guilty of a
misdemeanor punishable by a fine not to exceed Five Hundred Dollars
($500.00) or by imprisonment in the county jail for not more than
one (1) year, or by both such fine and imprisonment. Nothing in
this section shall prevent a judge from ordering restitution for any
damage caused by a driver involved in an accident provided for in
this section.
Added by Laws 1961, p. 371, § 10-106, eff. Sept. 1, 1961. Amended
by Laws 1985, c. 134, § 3, eff. Nov. 1, 1985; Laws 1995, c. 23, §
13, eff. Nov. 1, 1995; Laws 2007, c. 108, § 1, eff. Nov. 1, 2007.
§47-10-107. Immediate notice of accident.
The driver of a vehicle involved in an accident resulting in
injury to or death of any person shall immediately, by the quickest
means of communication, give notice of such accident to the local
police department, if such accident occurs within a municipality, or
to the office of the county sheriff or the nearest office of the
State Highway Patrol after complying with the requirements of
Section 10-104.
Laws 1961, p. 371, § 10-107.
§47-10-108. Written report of accident - Notice to other parties Ancillary proceedings.
A. Except for collisions occurring on private property, the
operator of a motor vehicle which is in any manner involved in a
collision upon any road, street, highway or elsewhere within this
state resulting in bodily injury to or death of any person or in
which it is apparent that damage to one vehicle or other property is
in excess of Three Hundred Dollars ($300.00) shall forward a written
report of the collision to the Department of Public Safety if
settlement of the collision has not been made within six (6) months
after the date of the accident and provided that if a settlement has
been made a report of the settlement must be made by the parties.
B. A municipality or county shall have the authority to adopt
ordinances or resolutions regarding the response of law enforcement
to motor vehicle accidents occurring on private property within its
jurisdiction; provided, law enforcement agencies shall respond to
and report collisions that occur on private property which involve a
personal injury, a driver that may be under the influence of alcohol
or any other intoxicating substance, or a vehicle that is the
property of the state or a political subdivision of the state.
C. Notwithstanding the provisions of Section 7-202 of this
title, if any party involved in a collision files a report under
this section, the Department shall be responsible for providing the
Oklahoma Statutes - Title 47. Motor Vehicles
most up-to-date and accurate location information within the
Department for either party involved at no cost, and notify all
other parties involved in the collision, as specified in the report,
that a report has been filed and all other parties shall then
furnish the Department, within twenty (20) days, the information as
the Department may request to determine whether the parties were in
compliance with the requirements of Sections 7-601 through 7-607 of
this title at the time of the collision. Upon a finding that an
owner or driver was not in compliance with Sections 7-601 through 7607 of this title, the Department shall then commence proceedings
under the provisions of Sections 7-201 and 7-308 through 7-335 of
this title.
Added by Laws 1961, p. 371, § 10-108, eff. Sept. 1, 1961. Amended
by Laws 1968, c. 99, § 1, emerg. eff. April 1, 1968; Laws 1980, c.
100, § 2, eff. Oct. 1, 1980; Laws 1981, c. 295, § 2, emerg. eff.
June 29, 1981; Laws 1993, c. 192, § 2, eff. Sept. 1, 1993; Laws
2005, c. 394, § 9, emerg. eff. June 6, 2005; Laws 2012, c. 224, § 1,
eff. Nov. 1, 2012.
§47-10-109. Form of report.
(a) The form of the report required by this section shall be
prescribed by the Commissioner, and the Commissioner shall cause to
be prepared such blanks and shall make such blanks available to the
motoring public by leaving a supply with sheriffs, chiefs of police,
justices of the peace, judges of the district court and other
officials as the Commissioner may deem advisable.
(b) Such report, in addition to such other information as may be
prescribed by the Commissioner, shall contain information to enable
the Commissioner to determine whether the requirements for the
deposit of security under Section 7-202 are inapplicable by reason
of the existence of insurance or other exceptions specified in this
act, and shall be accompanied by a copy of an estimate made by some
motor vehicle agency or established garage as to the cost of
reparing the vehicle of which the person making the report was the
operator or owner, which report shall be signed by an authorized
representative of such agency or garage.
Added by Laws 1961, p. 371, § 10-109, eff. Sept. 1, 1961.
§47-10-110. Additional information.
The Department may require any driver of a vehicle involved in
an accident of which report must be made as provided in this section
to file supplemental reports whenever the original report is
insufficient in the opinion of the Department.
Laws 1961, p. 316, § 1-110.
§47-10-111.
When driver unable to report.
Oklahoma Statutes - Title 47. Motor Vehicles
(a) An accident report is not required under this chapter from
any person who is physically incapable of making report during the
period of such incapacity.
(b) Whenever the driver of a vehicle is physically incapable of
giving an immediate notice of an accident as required in Section 10107 and there was another occupant in the vehicle at the time of the
accident capable of doing so, such occupant shall make or cause to
be given the notice not given by the driver.
Laws 1961, p. 371, § 10-111.
§47-10-112. False reports.
Any person who gives information in reports as required in
Sections 10-108, 10-110 or 10-111 knowing or having reason to
believe that such information is false shall be fined not more than
Five Hundred Dollars ($500.00) or imprisoned for not more than one
(1) year, or both.
Laws 1961, p. 372, § 10-112.
§47-10-113. Accident report forms.
A. The Department shall prepare and make available to police
departments, coroners, sheriffs, garages and other suitable agencies
or individuals forms for accident reports required hereunder,
appropriate with respect to the persons required to make such
reports and the purposes to be served. The written reports to be
made by persons involved in accidents and by investigating officers
shall call for sufficiently detailed information to disclose with
reference to a traffic accident the cause, conditions then existing
and the persons and vehicles involved.
B. Every accident report required to be made in writing shall
be made on the appropriate form approved by the Department and shall
contain all of the information required therein unless not
available.
Added by Laws 1961, p. 372, § 10-113, eff. Sept. 1, 1961. Amended
by Laws 2011, c. 335, § 7.
§47-10-114. Penalty for failure to report.
The Commissioner of Public Safety may suspend the license or
permit to drive and any nonresident operating privileges of any
person failing to report an accident as herein provided until such
report has been filed, and the Commissioner may extend such
suspension not to exceed thirty (30) days. Any person convicted of
failing to make a report as required herein shall be punished as
provided in section 17-101.
Laws 1961, p. 372, § 10-114.
§47-10-115.
Confidentiality of reports relating to collisions.
Oklahoma Statutes - Title 47. Motor Vehicles
A. All collision reports made by persons involved in collisions
shall be without prejudice to the individual so reporting and shall
be for the confidential use of the Department or other state
agencies having use for the records for collision prevention
purposes, or for the administration of the laws of this state
relating to the deposit of security and proof of financial
responsibility by persons driving or the owners of motor vehicles,
except that the Department may disclose the identity of a person
involved in a collision when the identity is not otherwise known or
when the person denies any presence at a collision.
B. All collision reports and supplemental information filed in
connection with the administration of the laws of this state
relating to the deposit of security or proof of financial
responsibility shall be confidential and not open to general public
inspection, nor shall copying of lists of the reports be permitted,
except, however, that the reports and supplemental information may
be examined by, or the Department may provide a copy to, any person
named therein, a representative of the person as designated in
writing by the person, or as provided in Section 40-102 of this
title.
C. No reports or information mentioned in this section shall be
used as evidence in any trial, civil or criminal, arising out of a
collision, except that the Department shall furnish upon demand of
any party to a trial, or upon demand of any court, a certificate
showing that a specified collision report has or has not been made
to the Department in compliance with law.
Added by Laws 1961, p. 372, § 10-115, eff. Sept. 1, 1961. Amended
by Laws 2000, c. 324, § 3, eff. July 1, 2000; Laws 2005, c. 394, §
10, emerg. eff. June 6, 2005.
§47-10-116. Department to tabulate and analyze accident reports.
The Department may tabulate and analyze all accident reports and
shall publish annually, or at more frequent intervals, statistical
information based thereon as to the number and circumstances of
traffic accidents.
Laws 1961, p. 372, § 10-116.
§47-10-117. Any incorporated city may require accident reports.
Any incorporated city, town, village or other municipality may
by ordinance require that the driver of a vehicle involved in an
accident shall also file with a designated city department a report
of such accident or a copy of any report herein required to be filed
with the Department. All such reports shall be for the confidential
use of the city department and subject to the provisions of Section
10-115 of this Code.
Laws 1961, p. 372, § 10-117.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-10-118. Accident response fee prohibited.
A. Notwithstanding any other section of law to the contrary, no
person or entity shall impose an accident response fee for the
response or investigation of a motor vehicle accident by law
enforcement.
B. For purposes of this section, “accident response fee” means
a fee imposed for the response or investigation of a motor vehicle
accident and does not mean any fee otherwise specifically authorized
by law.
Added by Laws 2009, c. 340, § 3, emerg. eff. May 27, 2009.
§47-11-101. Provisions of chapter refer to vehicles upon the
highways - Exceptions.
The provisions of this chapter relating to the operation of
vehicles refer exclusively to the operation of vehicles upon the
highways except:
1. Where a different place is specifically referred to in a
given section.
2. The provisions of Chapter 10 of this title and Article IX of
this chapter shall apply upon highways, turnpikes and public parking
lots throughout the state.
3. Unless otherwise provided for by law, the general provisions
of this title regulating traffic on public highways shall apply on
turnpikes.
Added by Laws 1961, p. 373, § 11-101, eff. Sept. 1, 1961. Amended
by Laws 2008, c. 319, § 3, eff. Nov. 1, 2008.
§47-11-102. Required obedience to traffic laws.
It is unlawful and, unless otherwise declared in this chapter
with respect to particular offenses, it is a misdemeanor for any
person to do any act forbidden or fail to perform any act required
in this chapter.
Laws 1961, p. 373, § 11-102.
§47-11-103. Obedience to police officers.
No person shall willfully fail or refuse to comply with any
lawful order or direction of any police officer invested by law with
authority to direct, control or regulate traffic.
Laws 1961, p. 373, § 11-103; Laws 1968, c. 58, § 1, emerg. eff.
March 18, 1968.
§47-11-104. Persons riding animals or driv-animal-drawn vehicles.
Every person riding an animal or driving any animal-driven
vehicle upon a roadway shall be granted all of the rights and shall
be subject to all of the duties applicable to the driver of a
vehicle by this chapter, except those provisions of this chapter
which by their very nature can have no application.
Oklahoma Statutes - Title 47. Motor Vehicles
Laws 1961, p. 373, § 11-104.
§47-11-105. Persons working on highways - Exceptions.
Unless specifically made applicable, the provisions of this
chapter except those contained in Article IX hereof shall not apply
to persons, teams, motor vehicles and other equipment, while
actually engaged in work upon the surface of a highway, or to
persons, motor vehicles and other equipment while actually engaged
in construction, maintenance or repair of public utilities provided
that all highway and public utility operations shall be protected by
adequate warning signs, signals, devices or flagmen, but the
provisions of this chapter shall apply to such persons and vehicles
when traveling to or from such work.
Laws 1961, p. 373, § 11-105.
§47-11-106. Authorized emergency vehicles.
A. The driver of an authorized emergency vehicle, when
responding to an emergency call or when in the pursuit of an actual
or suspected violator of the law or when responding to but not upon
returning from a fire alarm, may exercise the privilege set forth in
this section, but subject to the conditions herein stated.
B. The driver of an authorized emergency vehicle may:
1. Park, or stand, irrespective of the provisions of this
chapter;
2. Proceed past a red or stop signal or stop sign, but only
after slowing down as may be necessary for safe operation;
3. Exceed the maximum speed limits so long as speeding does not
endanger life or property;
4. Disregard regulations governing direction of movement; and
5. Disregard regulations governing turning in specified
directions.
C. The exemptions herein granted to the driver of an authorized
emergency vehicle shall apply only when the driver is properly and
lawfully making use of an audible signal or of flashing red or blue
lights or a combination of flashing red and blue lights meeting the
requirements of Section 12-218 of this title, except that an
authorized emergency vehicle operated as a police vehicle need not
be equipped with or display a red or blue light visible from in
front of the vehicle. This subsection shall not be construed as
requiring a peace officer operating a police vehicle properly and
lawfully in response to a crime in progress to use audible signals.
D. The exemptions in paragraphs 3 and 5 of subsection B of this
section shall be granted to a law enforcement officer operating an
authorized emergency vehicle for law enforcement purposes without
using audible and visual signals required by this section as long as
the action does not endanger life or property if the officer is
Oklahoma Statutes - Title 47. Motor Vehicles
following a suspected violator of the law with probable cause to
believe that:
1. Knowledge of the presence of the officer will cause the
suspect to:
a.
destroy or lose evidence of a suspected felony,
b.
end a suspected continuing felony before the officer
has obtained sufficient evidence to establish grounds
for arrest, or
c.
evade apprehension or identification of the suspect or
the vehicle of the suspect; or
2. Because of traffic conditions, vehicles moving in response
to the audible or visual signals may increase the potential for a
collision.
The exceptions granted in this subsection shall not apply to an
officer who is in actual pursuit of a person who is eluding or
attempting to elude the officer in violation of Section 540A of
Title 21 of the Oklahoma Statutes.
E. The provisions of this section shall not relieve the driver
of an authorized emergency vehicle from the duty to drive with due
regard for the safety of all persons, nor shall such provisions
protect the driver from the consequences of reckless disregard for
the safety of others.
Added by Laws 1961, p. 373, § 11-106, eff. Sept. 1, 1961. Amended
by Laws 1998, c. 168, § 1, eff. Nov. 1, 1998; Laws 1999, c. 189, §
1, eff. July 1, 1999; Laws 2002, c. 229, § 1, eff. Nov. 1, 2002;
Laws 2004, c. 418, § 12, eff. July 1, 2004.
§47-11-107. Military convoys exempt from municipal traffic
regulation - Right of way - Exceptions.
The military forces of the United States and organizations of
the National Guard, performing any military duty, shall not be
restricted by municipal traffic regulations, and shall have the
right of way on any street or highway through which they may pass
against all, except carriers of the United States mail, fire
engines, ambulances and police vehicles in the necessary discharge
of their respective duties. Said mounted military moving in convoy
shall have lights burning, with lead and trail vehicles prominently
marked, and shall travel, while inside the corporate limits of a
city or town, in compliance with such speeds as are legally posted
within the corporate limits of the city or town and shall maintain a
closed interval of not more than seventy-five (75) feet.
Laws 1961, p. 373, § 11-107.
§47-11-201. Obedience to and required traffic-control devices.
(a) The driver of any vehicle shall obey the instructions of any
official traffic-control device applicable thereto placed in
accordance with the provisions of this act, unless otherwise
Oklahoma Statutes - Title 47. Motor Vehicles
directed by a traffic or police officer, subject to the exceptions
granted the driver of an authorized emergency vehicle in this act.
(b) No provision of this act for which signs are required shall
be enforced against an alleged violator if at the time and place of
the alleged violation an official sign is not in proper position and
sufficiently legible to be seen by an ordinarily observant person.
Whenever a particular section does not state that signs are
required, such section shall be effective even though no signs are
erected or in place.
Laws 1961, p. 373, § 11-201.
§47-11-202. Traffic-control signal legend.
Whenever traffic is controlled by traffic-control signals
exhibiting different colored lights or colored lighted arrows
successively one at a time, or in combination, only the colors
green, red and yellow shall be used, except for special pedestrian
signals carrying a word legend, and the lights shall indicate and
apply to drivers of vehicles and pedestrians as follows:
1. Green indication:
a.
vehicular traffic facing a circular green signal,
except when prohibited under Section 11-1302 of this
title, may proceed straight through or turn right or
left unless a sign at such place prohibits either such
turn. But vehicular traffic, including vehicles
turning right or left, shall yield the right-of-way to
other vehicles and to pedestrians lawfully within the
intersection or an adjacent crosswalk at the time such
signal is exhibited,
b.
vehicular traffic facing a green arrow signal, shown
alone or in combination with another indication, may
cautiously enter the intersection only to make the
movement indicated by such arrow, or such other
movement as is permitted by other indications shown at
the same time. Such vehicular traffic shall yield the
right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic lawfully using
the intersection, and
c.
unless otherwise directed by a pedestrian-control
signal, as provided in Section 11-203 of this title,
pedestrians facing any green signal, except when the
sole green signal is a turn arrow, may proceed across
the roadway within any marked or unmarked crosswalk;
2. Steady yellow indication:
a.
vehicular traffic facing a steady circular yellow or
yellow arrow signal is thereby warned that the related
green movement is being terminated or that a red
Oklahoma Statutes - Title 47. Motor Vehicles
3.
indication will be exhibited immediately thereafter,
and
b.
pedestrians facing a steady circular yellow or yellow
arrow signal, unless otherwise directed by a
pedestrian-control signal as provided in Section 11203 of this title, are thereby advised that there is
insufficient time to cross the roadway before a red
indication is shown, and no pedestrian shall then
start to cross the roadway; and
Steady red indication:
a.
vehicular traffic facing a steady circular red signal
alone shall stop at a clearly marked stop line, but if
none, before entering the crosswalk on the near side
of the intersection or, if none, then before entering
the intersection and shall remain standing until an
indication to proceed is shown except as provided in
subparagraphs b and d of this paragraph,
b.
except when a sign is in place prohibiting a turn,
vehicular traffic facing any steady red signal may
cautiously enter the intersection to turn right or to
turn left from a one-way street into a one-way street
after stopping as required by subparagraph a of this
paragraph. Such vehicular traffic shall yield the
right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic lawfully using
the intersection,
c.
in order to prohibit right turns or left turns as
prescribed in subparagraph b of this paragraph, on the
red signal after the required stop, a municipality
must erect clear, concise signs informing drivers that
such turns are prohibited. The Highway Department
shall specify the design of the sign to be used for
this purpose, and it shall be used uniformly
throughout the state,
d.
notwithstanding any other provision of law, the driver
of a motorcycle facing any steady red signal may
cautiously proceed through the intersection only if:
(1) the motorcycle has been brought to a complete
stop as required by subparagraph a of this
paragraph,
(2) the traffic-control signal is programmed or
engineered to change to a green signal only after
detecting the approach of a motor vehicle and has
failed to detect the arrival of the motorcycle
because of its size or weight, and
(3) no motor vehicle or person is approaching on the
roadway to be crossed or entered, or the motor
Oklahoma Statutes - Title 47. Motor Vehicles
vehicle or person is at a distance from the
intersection that does not constitute an
immediate hazard.
The driver of any vehicle approaching the
intersection, which lawfully may enter the
intersection, shall have the right-of-way over any
motorcycle operator proceeding through a red light
and, in no event where an accident results from the
driver of the motorcycle proceeding into the
intersection on a red light, shall such driver of the
vehicle be charged with any violation pursuant to
Sections 11-401 and 11-403 of this title relating to
failure to yield right-of-way, Section 11-310 of this
title relating to following too closely, or Section
11-801 of this title relating to driving too fast for
conditions, and
e.
unless otherwise directed by a pedestrian-control
signal as provided in Section 11-203 of this title,
pedestrians facing a steady circular red signal alone
shall not enter the roadway.
In the event an official traffic-control signal is erected and
maintained at a place other than an intersection, the provisions of
this section shall be applicable except as to those provisions which
by their nature can have no application. Any stop required shall be
made at a sign or marking on the pavement indicating where the stop
shall be made, but in the absence of any such sign or marking the
stop shall be made at the signal.
Added by Laws 1961, p. 374, § 11-202, eff. Sept. 1, 1961. Amended
by Laws 1972, c. 92, § 2; Laws 1974, c. 110, § 1; Laws 1977, c. 21,
§ 1, emerg. eff. April 15, 1977; Laws 2010, c. 192, § 2, eff. Nov.
1, 2010; Laws 2019, c. 62, § 1, eff. Nov. 1, 2019; Laws 2021, c.
449, § 3, eff. July 1, 2021.
§47-11-202.1. Bicycles – Stops signs and traffic control signals.
A. For the purposes of this section:
1. "Bicycle" means a device as defined in subsection A of
Section 1-104 of Title 47 of the Oklahoma Statutes; and
2. "Immediate hazard" means a vehicle approaching a person
operating a bicycle at a proximity and rate of speed sufficient to
indicate to a reasonably careful person that there is a danger of
collision or accident.
B. 1. A person operating a bicycle approaching a stop sign
shall:
a.
slow down,
b.
if required to avoid an immediate hazard, stop at the
stop sign before entering the intersection, and
Oklahoma Statutes - Title 47. Motor Vehicles
c.
cautiously enter the intersection and yield the rightof-way to pedestrians lawfully within an adjacent
crosswalk and to other traffic lawfully using the
intersection.
2. If a person operating a bicycle determines there is no
immediate hazard, he or she may cautiously make a right or left
turn, or proceed through the intersection without stopping at the
stop sign.
C. 1. A person operating a bicycle approaching a steady red
traffic-control signal shall:
a.
make a complete stop at the steady red traffic-control
signal before entering the intersection, and
b.
yield the right-of-way to all oncoming traffic that
constitutes an immediate hazard during the time that
he or she is moving across or within the intersection.
2. If a person operating a bicycle determines there is no
immediate hazard, he or she may proceed through the steady red
traffic-control signal with caution.
3. A person operating a bicycle may make a:
a.
right-hand turn at a steady red traffic-control signal
without stopping after slowing to a reasonable speed
and yielding the right-of-way, if required, to
oncoming traffic that constitutes an immediate hazard,
or
b.
left-hand turn onto a one-way street at a steady red
traffic-control signal after stopping and yielding to
oncoming traffic that constitutes an immediate hazard.
Added by Laws 2021, c. 449, § 1, eff. Nov. 1, 2021.
§47-11-203. Pedestrian-control signals.
Whenever special pedestrian-control signals exhibiting the words
“Walk” or a flashing “Don’t Walk” or the WALKING PERSON or UPRAISED
HAND symbols are in place, such signals shall indicate as follows:
1. Walk. Pedestrians facing such signal may proceed across the
roadway in the direction of the signal and shall be given the rightof-way in the direction of the signal by the drivers of all
vehicles;
2. Flashing Don’t Walk or flashing UPRAISED HAND. No
pedestrian shall start to cross the roadway in the direction of such
signal, but any pedestrian who has partially completed his or her
crossing on the walk signal shall proceed to a sidewalk or
pedestrian refuge while the steady Don’t Walk or UPRAISED HAND
signal is showing; and
3. Steady Don’t Walk or steady UPRAISED HAND. No pedestrian
shall enter the roadway in the direction of the signal indication.
Added by Laws 1961, p. 374, § 11-203, eff. Sept. 1, 1961. Amended
by Laws 2024, c. 35, § 2, eff. Nov. 1, 2024.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-11-204. Flashing signals.
A. Whenever an illuminated red or yellow signal is used in a
traffic sign or signal it shall require obedience by vehicular
traffic as follows:
1. Flashing red (stop signal). When a red lens is illuminated
with rapid intermittent flashes, drivers of vehicles shall stop
before entering the nearest crosswalk at an intersection or at a
limit line when marked, or, if none, then before entering the
intersection, and the right to proceed shall be subject to the
requirements of law applicable after making a stop at a stop sign.
2. Flashing yellow (caution signal). When a yellow lens is
illuminated with rapid intermittent flashes, drivers of vehicles may
proceed through the intersection or past such signal only with
caution.
B. This section shall not apply at railroad grade crossings.
Conduct of drivers of vehicles approaching railroad grade crossings
shall be governed as set forth in Section 11-701 of this title.
Added by Laws 1961, p. 375, § 11-204, eff. Sept. 1, 1961. Amended
by Laws 2002, c. 397, § 19, eff. Nov. 1, 2002.
§47-11-204.1. Lane use control signals.
When lane use control signals are placed over individual lanes,
said signals shall indicate and apply to drivers of vehicles as
follows:
1. Green indication - Vehicular traffic may travel in any lane
over which a green signal is shown;
2. Steady yellow indication - Vehicular traffic is thereby
warned that a lane control change is being made;
3. Steady red indication - Vehicular traffic shall not enter or
travel in any lane over which a red signal is shown; and
4. Flashing yellow indication - Vehicular traffic may use the
lane only for the purpose of approaching and making a left turn.
Laws 1977 c. 21, § 2, emerg. eff. April 15, 1977.
§47-11-205. Pedestrian-catuated school crossing signals.
Whenever a pedestrian-actuated school crossing signal is
provided, it shall require obedience by vehicular traffic and
pedestrians in accordance with Sections 11-202 and 11-203 of this
title.
Laws 1961, p. 375, § 11-205; Laws 1977, c. 21, § 3, emerg. eff.
April 15, 1977.
§47-11-206. Display of unauthorized signs, signals or markings.
(a) No person shall place, maintain or display upon or in view
of any highway any unauthorized sign, signal, marking or device
which purports to be or is an imitation of or resembles an official
Oklahoma Statutes - Title 47. Motor Vehicles
traffic-control device or railroad sign or signal, or which attempts
to direct the movement of traffic, or which projects any flashing or
revolving beams of light, or which hides from view or interferes
with the effectiveness of any official traffic-control device or any
railroad sign or signal, and no person shall place or maintain nor
shall any public authority permit upon any street or highway any
traffic sign or signal bearing thereon any commercial advertising;
provided, however, that the governing board of any city or town may
permit, under such conditions as the said board may deem proper,
commercial or other advertising upon any traffic sign located on
streets or highways within said city or town and not designated as
either state or federal highways or extensions thereof.
(b) This section shall not be deemed to prohibit the erection
upon private property adjacent to highways of signs giving useful
directional information and of a type that cannot be mistaken for
official signs.
(c) Every such prohibited sign, signal or marking is hereby
declared to be a public nuisance and the authority having
jurisdiction over the highway is hereby empowered to remove the same
or cause it to be removed without notice.
Laws 1961, p. 375, § 11-206.
§47-11-207. Interference with official traffic-control devices or
railroad signs or signals - Violation resulting in personal injury
or death - Penalty.
A. No person shall, without lawful authority, attempt to or in
fact alter, deface, injure, knock down or remove any official
traffic-control device, including any nine-one-one (911) emergency
telephone service route markers, or any railroad sign or signal or
any inscription, shield or insignia thereon, or any other part
thereof.
B. If a violation of subsection A of this section results in
personal injury to or death of any person, the person committing the
violation shall, upon conviction, be guilty of a Class D1 felony
offense punishable by imprisonment as provided for in subsections B
through F of Section 20N of Title 21 of the Oklahoma Statutes, or by
a fine of not more than One Thousand Dollars ($1,000.00), or by both
such fine and imprisonment.
Added by Laws 1961, p. 376, § 11-207, eff. Sept. 1, 1961. Amended
by Laws 1993, c. 127, § 3, emerg. eff. May 4, 1993; Laws 1997, c.
133, § 480, eff. July 1, 1999; Laws 1998, c. 23, § 1, eff. Nov. 1,
1998; Laws 1999, 1st Ex.Sess., c. 5, § 347, eff. July 1, 1999; Laws
2025, c. 486, § 517, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 480 from July 1, 1998, to July 1, 1999.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-11-208. Traffic signal preemption device – Possession, use,
interference with, or sale.
A. As used in this section, the term "traffic signal preemption
device" shall mean a device designed for use by authorized emergency
vehicles to improve traffic movement by temporarily controlling
signalized intersections.
B. It shall be unlawful for a person to possess, use, or
interfere with a traffic signal preemption device unless:
1. The person is the operator of an authorized emergency
vehicle upon which the device is installed; and
2. The person is responding to an existing or potential
emergency and there is a threat of immediate danger to life or
property which reasonably requires the use of the device in order to
protect the life, safety, health, or property of another person.
C. It shall be unlawful to advertise, offer for sale, sell, or
otherwise distribute any traffic signal preemption device to any
individual person in this state. Advertising, offering for sale,
selling, and distribution of these devices shall be limited to trade
publications and companies whose target market is law enforcement
agencies, fire departments, and ambulance service providers of this
state or its political subdivisions.
Added by Laws 2004, c. 130, § 8, emerg. eff. April 20, 2004.
§47-11-225. Renumbered as § 12-225 of this title by Laws 2000, c.
189, § 13, eff. July 1, 2000.
§47-11-301. Drive on right side of roadway - Exceptions.
A. Upon all roadways of sufficient width a vehicle shall be
driven upon the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in
the same direction under the laws governing such movement;
2. When an obstruction exists making it necessary to drive to
the left of the center of the highway; provided, any person so doing
shall yield the right-of-way to all vehicles traveling in the proper
direction upon the unobstructed portion of the highway within such
distance as to constitute an immediate hazard;
3. Upon a roadway divided into three marked lanes for traffic
under the laws applicable thereon;
4. Upon a roadway restricted to one-way traffic; or
5. Upon a roadway having four or more lanes for moving traffic
and providing for two-way movement of traffic.
B. Upon all roadways any vehicle proceeding at less than the
normal speed of traffic at the time and place and under the
conditions then existing shall be driven in the right-hand lane when
available for traffic, or as close as practicable to the right-hand
curb or edge of the roadway and may be temporarily driven upon the
right-hand shoulder for the purpose of permitting other vehicles to
Oklahoma Statutes - Title 47. Motor Vehicles
pass. This subsection shall not apply when overtaking and passing
another vehicle proceeding in the same direction or when preparing
for a left turn at an intersection or into a private road or
driveway.
C. Upon any roadway having four or more lanes for moving
traffic and providing for two-way movement of traffic, no vehicle
shall be driven to the left of the center line of the roadway,
except when authorized by official traffic control devices
designating certain lanes to the left side of the center of the
roadway for use by traffic not otherwise permitted to use such
lanes, or except as permitted under paragraph 2 of subsection (a) of
this section. However, this subsection shall not be construed as
prohibiting the crossing of the center line in making a left turn
into or from an alley, private road or driveway.
Added by Laws 1961, p. 376, § 11-301, eff. Sept. 1, 1961. Amended
by Laws 1977, c. 21, § 4, emerg. eff. April 15, 1977; Laws 1978, c.
129, § 1; Laws 1996, c. 22, § 1, eff. July 1, 1996; Laws 2002, c.
397, § 20, eff. Nov. 1, 2002.
§47-11-302. Passing vehicles proceeding in opposite directions.
Drivers of vehicles proceeding in opposite directions shall pass
each other to the right, and upon roadways having width for not more
than one line of traffic in each direction each driver shall give to
the other at least one-half (1/2) of the maintraveled portion of the
roadway as nearly as possible.
Laws 1961, p. 376, § 11-302.
§47-11-303. Overtaking a vehicle on the left - Signal.
The following requirements shall govern the overtaking and
passing of vehicles proceeding in the same direction, subject to
those limitations, exceptions and special requirements hereinafter
stated:
1. The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left thereof at a
safe distance and shall not again drive to the right side of the
roadway until safely clear of the overtaken vehicle.
2. Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way to the
right in favor of the overtaking vehicle on audible signal and shall
not increase the speed of his vehicle until completely passed by the
overtaking vehicle.
3. Every driver who intends to pass another vehicle proceeding
in the same direction, which requires moving his vehicle from one
lane of traffic to another, shall first see that such movement can
be made with safety and shall proceed to pass only after giving a
proper signal by hand or mechanical device.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1961, p. 376, § 11-303, eff. Sept. 1, 1961. Amended
by Laws 1968, c. 96, § 1, emerg. eff. April 1, 1968; Laws 2002, c.
397, § 21, eff. Nov. 1, 2002.
§47-11-304. When overtaking on the right is permitted.
(a) The driver of a vehicle may overtake and pass upon the right
of another vehicle only under the following conditions:
1. When the vehicle overtaken is making or about to make a left
turn;
2. Upon a street or highway with unobstructed pavement not
occupied by parked vehicles of sufficient width for two or more
lines of moving vehicles in each direction;
3. Upon a one-way street, or upon any roadway on which traffic
is restricted to one direction of movement, where the roadway is
free from obstructions and of sufficient width for two or more lines
of moving vehicles.
(b) The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting such
movement in safety. In no event shall such movement be made by
driving off the pavement or main traveled portion of the roadway.
Laws 1961, p. 377, § 11-304.
§47-11-305. Limitations on overtaking on the left.
No vehicle shall be driven to the left side of the center of the
roadway in overtaking and passing another vehicle proceeding in the
same direction unless such left side is clearly visible and is free
of oncoming traffic for a sufficient distance ahead to permit such
overtaking and passing to be completely made without interfering
with the safe operation of any vehicle approaching from the opposite
direction or any vehicle overtaken. In every event the overtaking
vehicle must return to the righthand side of the roadway before
coming within one hundred (100) feet of any vehicle approaching from
the opposite direction.
Laws 1961, p. 377, § 11-305.
§47-11-306. Further limitations on driving to left of center of
roadway.
(a) No vehicle shall be driven on the left side of the roadway
under the following conditions:
1. When approaching or upon the crest of a grade or a curve in
the highway where the driver's view is obstructed within such
distance as to create a hazard in the event another vehicle might
approach from the opposite direction;
2. When approaching within one hundred (100) feet of or
traversing any intersection or railroad grade crossing unless
otherwise indicated by official traffic control devices;
Oklahoma Statutes - Title 47. Motor Vehicles
3. When the view is obstructed upon approaching within one
hundred (100) feet of any bridge, viaduct or tunnel.
(b) The foregoing limitations shall not apply upon a one-way
roadway; nor under the conditions described in Section 11-301,
subsection (a), paragraph 2 of this title, nor to the driver of a
vehicle turning left into or from an alley, private road or
driveway.
Laws 1961, p. 377, § 11-306; Laws 1977, c. 21, § 5, emerg. eff.
April 15, 1977.
§47-11-307. No-passing zones.
(a) The Oklahoma Department of Highways or other designated
authorities are hereby authorized to determine those portions of any
highway where overtaking and passing or driving to the left of the
roadway would be especially hazardous and may by appropriate signs
or markings on the roadway indicate the beginning and end of such
zones and when such signs or markings are in place and clearly
visible to an ordinarily observant person every driver of a vehicle
shall obey the directions thereof.
(b) Where signs or markings are in place to define a no-passing
zone as set forth in paragraph (a) no driver shall at any time drive
to the left side of the roadway within such no-passing zone or on
the left side of any pavement striping designed to mark such nopassing zone throughout its length.
Laws 1961, p. 377, § 11-307.
§47-11-308. One-way roads and circular intersections.
A. The Transportation Commission or local authorities, within
their respective jurisdictions, may designate any street or highway
or any separate roadway under their respective jurisdictions for
one-way traffic and shall erect appropriate signs giving notice
thereof.
B. Upon a roadway designated and signposted for one-way
traffic, a vehicle shall be driven only in the direction designated.
C. A vehicle passing around the central island of a circular
intersection shall be driven counterclockwise around such islands.
Added by Laws 1961, p. 377, § 11-308, eff. Sept. 1, 1961. Amended
by Laws 2024, c. 35, § 3, eff. Nov. 1, 2024.
§47-11-308a. Renumbered as § 15-131 of this title by Laws 2007, c.
62, § 24, emerg. eff. April 30, 2007.
§47-11-308b. Renumbered as § 15-132 of this title by Laws 2007, c.
62, § 25, emerg. eff. April 30, 2007.
§47-11-309.
Driving on roadways laned for traffic.
Oklahoma Statutes - Title 47. Motor Vehicles
Whenever any roadway has been divided into two or more clearly
marked lanes for traffic, the following requirements in addition to
all others consistent herewith shall apply:
1. A vehicle shall be driven as nearly as practicable entirely
within a single lane;
2. A vehicle shall not be moved from the lane until the driver
has first ascertained that the movement can be made with safety and
then given a signal, not less than the last one hundred (100) feet
traveled by the vehicle, of his or her intention to change lanes;
3. A two-way left-turn lane is a lane near the center of the
highway set aside for use by vehicles making left turns in both
directions from or into the roadway. Two-way left-turn lanes shall
be designated by distinctive roadway markings consisting of parallel
double yellow lines, interior line dashed and exterior line solid,
on each side of the lane. A vehicle shall not be driven in a
designated two-way left-turn lane except when preparing for or
making a left turn from or into a roadway. Vehicles turning left
from the roadway shall not be driven in the two-way left-turn lane
for more than two hundred (200) feet while preparing for and making
the turn. A vehicle turning left onto the roadway may utilize the
two-way left-turn lane as a staging area by stopping and waiting for
traffic proceeding in the same direction to clear before merging
into the adjacent lanes of travel. A left turn shall not be made
from any other lane where a two-way left-turn lane has been
designated. Provided, however, this section shall not prohibit
driving across a two-way left-turn lane when moving from a service
drive onto such marked roadway;
4. A vehicle shall not be driven in the left lane of a roadway
except when overtaking and passing another vehicle; provided,
however, this paragraph shall not prohibit driving in the left lane
when traffic conditions, flow or road configuration, such as the
potential of merging traffic, requires the use of the left lane to
maintain safe traffic conditions; provided further, this paragraph
shall not prohibit driving in the left lane of a roadway within the
city limits of a municipality or upon a county road as long as such
roadway is not part of the National System of Interstate and Defense
Highways or a turnpike; and
5. Official signs may be erected directing slow-moving traffic
to use a designated lane or designating those lanes to be used by
traffic moving in a particular direction regardless of the center of
the roadway, and drivers of vehicles shall obey the directions of
every such sign.
Any person convicted of violating any provision of this section
shall be punished as provided for in Section 17-101 of this title.
Added by Laws 1961, p. 377, § 11-309, eff. Sept. 1, 1961. Amended
by Laws 1984, c. 47, § 1, eff. Nov. 1, 1984; Laws 2002, c. 397, §
22, eff. Nov. 1, 2002; Laws 2005, c. 394, § 11, emerg. eff. June 6,
Oklahoma Statutes - Title 47. Motor Vehicles
2005; Laws 2006, c. 104, § 4, eff. Nov. 1, 2006; Laws 2009, c. 125,
§ 1, eff. Nov. 1, 2009; Laws 2010, c. 76, § 1, eff. Nov. 1, 2010;
Laws 2017, c. 211, § 1, eff. Nov. 1, 2017; Laws 2018, c. 184, § 1,
eff. Nov. 1, 2018; Laws 2021, c. 115, § 1, eff. Nov. 1, 2021; Laws
2024, c. 35, § 4, eff. Nov. 1, 2024.
§47-11-310. Following too closely.
(a) The driver of a motor vehicle shall not follow another
vehicle more closely than is reasonable and prudent, having due
regard for the speed of such vehicles and the traffic upon and the
condition of the highway.
(b) The driver of any truck or motor vehicle drawing another
vehicle when traveling upon a roadway outside of a business or
residential district and which is following another truck or motor
vehicle drawing another vehicle shall, whenever conditions permit,
leave sufficient space so that an overtaking vehicle may enter and
occupy such space without danger, except that this shall not prevent
a motor truck or motor vehicle drawing another vehicle from
overtaking and passing any like vehicle or another vehicle.
(c) No vehicle which has more than six tires in contact with
the road shall approach from the rear of another vehicle which has
more than six tires in contact with the road closer than three
hundred (300) feet except when passing the vehicle.
(d) Motor vehicles being driven upon any roadway outside of a
business or residential district in a caravan or motorcade, whether
or not towing other vehicles, shall be so operated as to allow
sufficient space between each such vehicle or combination of
vehicles so as to enable any other vehicle to enter and occupy such
space without danger. The distance between such vehicles shall be a
minimum of two hundred (200) feet under all conditions. This
provision shall not apply to funeral processions.
(e) Subsections (a), (b), (c) and (d) of this section shall not
apply to a non-lead vehicle in a platoon, as defined in this
section, or the operator thereof, as long as the platoon consists of
not more than two motor vehicles.
(f) As used in this section, "platoon" means a group of
individual motor vehicles traveling in a unified manner at
electronically coordinated speeds at following distances that are
closer than would be reasonable and prudent without such
coordination.
Added by Laws 1961, p. 378, § 11-310, eff. Sept. 1, 1961. Amended
by Laws 2019, c. 244, § 1, eff. July 1, 2019.
§47-11-311. Driving on divided highways.
Whenever any highway has been divided into two or more roadways
by leaving an intervening space or by a physical barrier or clearly
indicated dividing section so constructed as to impede vehicular
Oklahoma Statutes - Title 47. Motor Vehicles
traffic, every vehicle shall be driven only upon the right-hand
roadway unless directed or permitted to use another roadway by
official traffic control devices or peace officers. No vehicle
shall be driven over, across or within any such dividing space,
barrier or section, except through a permanent opening in the
dividing space, barrier or section or at a permanent cross-over or
intersection as established unless specifically prohibited by public
authority. No vehicle shall be driven over, across or within any
temporary opening in a dividing space, barrier or section or at a
temporary cross-over or intersection unless specifically authorized
by a public authority or at the direction of a peace officer.
Added by Laws 1961, p. 378, § 11-311, eff. Sept. 1, 1961. Amended
by Laws 1977, c. 21, § 6, emerg. eff. April 15, 1977; Laws 1996, c.
22, § 2, eff. July 1, 1996.
§47-11-312. Restricted access.
No person shall drive a vehicle onto or from any controlledaccess roadway except at such entrances and exits as are established
by public authority.
Laws 1961, p. 378, § 11-312.
§47-11-313. Restrictions on use of controlled-access roadway.
The Department of Transportation, the Oklahoma Transportation
Authority, or local authorities may, with respect to any controlledaccess roadway under their respective jurisdictions, prohibit the
use of any such roadway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle.
The Department of Transportation, the Oklahoma Transportation
Authority, or local authorities adopting any such prohibitory
regulations shall erect and maintain official signs on the
controlled-access roadway on which such regulations are applicable
and when so erected no person shall disobey the restrictions stated
on such signs.
Added by Laws 1961, p. 378, § 11-313. Amended by Laws 2004, c. 521,
§ 7, eff. Nov. 1, 2004.
§47-11-314. Short title — Bernardo-Mills Law — Approaching
stationary authorized vehicles on the roadway.
A. This section shall be known and may be cited as the
"Bernardo-Mills Law".
B. The driver of a motor vehicle, upon approaching a stationary
authorized emergency vehicle, a Department of Transportation
maintenance vehicle, a Turnpike Authority maintenance vehicle, a
stationary vehicle that is displaying flashing lights or a licensed
wrecker that is displaying a flashing amber light, a combination red
or blue light or any combination of amber, red or blue lights,
shall:
Oklahoma Statutes - Title 47. Motor Vehicles
1. If traveling on a highway that consists of two or more lanes
that carry traffic in the same direction of travel as that of the
driver, the driver shall proceed with due caution and shall, if
possible and with due regard to the road, weather, and traffic
conditions, change lanes into a lane that is not adjacent to the
stationary authorized emergency vehicle, a Department of
Transportation maintenance vehicle, a Turnpike Authority maintenance
vehicle, or licensed wrecker; or if the driver is not able to change
lanes or if to do so would be unsafe, the driver shall proceed with
due caution and reduce the speed of the motor vehicle to a safe
speed; and
2. If traveling on a highway other than a highway described in
paragraph 1 of this subsection, the driver shall proceed with due
caution and reduce the speed of the motor vehicle to a safe speed.
A person shall be guilty of the offense of endangerment of an
emergency worker for any offense committed in violation of this
subsection.
C. This section does not relieve the operator of a stationary
authorized emergency vehicle, a Department of Transportation
maintenance vehicle, a Turnpike Authority maintenance vehicle, or
licensed wrecker from the consequences of reckless disregard for the
safety of all persons and property upon the highway.
D. Upon conviction for committing the offense of endangerment
of an emergency worker pursuant to subsection B of this section, if
no injury or death of an emergency worker resulted from the offense,
and in addition to any other penalty authorized by law, the person
shall be subject to a fine of:
1. One Thousand Dollars ($1,000.00) for a first offense; and
2. Two Thousand Five Hundred Dollars ($2,500.00) for a second
offense.
E. A person shall be deemed to commit the offense of aggravated
endangerment of an emergency worker upon conviction for any offense
pursuant to subsection B of this section when such offense results
in the injury or death of an emergency worker. Upon conviction for
committing the offense of aggravated endangerment of an emergency
worker, in addition to any other penalty authorized by law, the
person shall be subject to a fine of not more than Five Thousand
Dollars ($5,000.00) if the offense resulted in injury to an
emergency worker and not more than Ten Thousand Dollars ($10,000.00)
if the offense resulted in the death of an emergency worker.
F. No person shall be cited or convicted for endangerment of an
emergency worker or aggravated endangerment of an emergency worker
for any act or omission otherwise constituting an offense under
subsection B of this section if such act or omission resulted, in
whole or in part, from mechanical failure of the vehicle of the
person or from the negligence of another person or an emergency
worker.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 2001, c. 435, § 14, eff. July 1, 2001. Renumbered
from § 11-405.1 of this title by Laws 2002, c. 397, § 35, eff. Nov.
1, 2002. Amended by Laws 2008, c. 69, § 1, eff. Nov. 1, 2008; Laws
2010, c. 39, § 1, eff. Nov. 1, 2010; Laws 2015, c. 114, § 1, eff.
Nov. 1, 2015; Laws 2019, c. 391, § 1, eff. Nov. 1, 2019; Laws 2020,
c. 161, § 26, emerg. eff. May 21, 2020; Laws 2021, c. 242, § 1, eff.
Nov. 1, 2021; Laws 2023, c. 270, § 1, eff. Nov. 1, 2023.
NOTE: Laws 2019, c. 372, § 1 repealed by Laws 2020, c. 161, § 27,
emerg. eff. May 21, 2020.
§47-11-315. Driving between vehicles in funeral procession
prohibited.
A. No driver of a motor vehicle shall drive between the
vehicles comprising a funeral or other authorized procession while
the vehicles are in motion and when such vehicles are conspicuously
designated. This provision shall not apply at intersections where
traffic is controlled by traffic control signals or police officers.
B. Any person convicted of violating the provisions of this
section shall be punished as provided for in Section 17-101 of Title
47 of the Oklahoma Statutes.
Added by Laws 2012, c. 134, § 1, eff. Nov. 1, 2012.
§47-11-315.1. Overtaking a vehicle being used in the collection or
refuse, solid waste or recyclables.
The driver of a motor vehicle, upon approaching a vehicle being
used in the collection of refuse, solid waste or recyclables
displaying side marker lamps which flash in conjunction with turn
signal lamps or vehicle hazard warning lamps pursuant to the
provisions of Section 12-227 of Title 47 of the Oklahoma Statutes,
shall:
1. If traveling on a highway that consists of two or more lanes
that carry traffic in the same direction of travel as that of the
driver, proceed with due caution and shall, if possible and with due
regard to the road, weather and traffic conditions, change lanes
into a lane that is not adjacent to the vehicle being used in the
collection of refuse, solid waste or recyclables; or if the driver
is not able to change lanes or if to do so would be unsafe, the
driver shall proceed with due caution and reduce the speed of the
motor vehicle to a safe speed for the existing road, weather and
traffic conditions; and
2. If traveling on a highway other than a highway described in
paragraph 1 of this subsection, proceed with due caution and reduce
the speed of the motor vehicle to a safe speed for the existing
road, weather and traffic conditions.
Added by Laws 2016, c. 187, § 1, eff. Nov. 1, 2016.
§47-11-401.
Vehicle approaching or entering intersection.
Oklahoma Statutes - Title 47. Motor Vehicles
A. Whether a stop sign or yield sign is present, visible or
not, the driver of a vehicle shall yield the right-of-way and shall
not proceed until it is safe to do so, when the driver is:
1. On a county road upon approaching an intersection with a
state or federal highway;
2. On a private drive or any road not maintained by the county
or state upon approaching an intersection with a state or federal
highway or a county road;
3. On an unpaved county road upon approaching an intersection
with a paved county road; or
4. On a county road, which ends at, merges with, or does not
otherwise continue directly across an intersecting through county
road, upon approaching the intersection with the through county
road.
For purposes of this subsection, "paved road" means a road
improved with a surface of concrete, asphalt, or what is commonly
referred to as oil and chip, and "unpaved road" means all other
roads.
B. When two vehicles enter or approach an intersection from
different highways at approximately the same time, except as
provided in subsection A of this section, the driver of the vehicle
on the left shall yield the right-of-way to the vehicle on the
right.
C. The right-of-way rules declared in subsections A and B of
this section are modified at through highways and otherwise as
hereinafter stated in this chapter.
Added by Laws 1961, p. 379, § 11-401, eff. Sept. 1, 1961. Amended
by Laws 1996, c. 324, § 3; Laws 1997, c. 232, § 1, eff. Nov. 1,
1997; Laws 1999, c. 85, § 1, eff. Nov. 1, 1999; Laws 2002, c. 45, §
1, eff. Nov. 1, 2002.
§47-11-402. Vehicle turning left.
The driver of a vehicle intending to turn to the left shall
yield the right-of-way to any vehicle approaching from the opposite
direction which is so close thereto when initiating such turn as to
constitute an immediate hazard.
Added by Laws 1961, p. 379, § 11-402, eff. Sept. 1, 1961. Amended
by Laws 2010, c. 228, § 4, eff. Nov. 1, 2010.
§47-11-403. Vehicle entering stop or yield intersection.
A. Preferential right-of-way at an intersection may be
indicated by stop signs or yield signs as authorized in Section 15108 of this title.
B. Except when directed to proceed by a police officer or
traffic control signal, every driver of a vehicle approaching a stop
intersection indicated by a stop sign shall stop as required by
subsection (d) of Section 11-703 of this title and after having
Oklahoma Statutes - Title 47. Motor Vehicles
stopped shall yield the right-of-way to any vehicle which has
entered the intersection from another highway or which is
approaching so closely on said highway as to constitute an immediate
hazard, but said driver having so yielded may proceed and the
drivers of all other vehicles approaching the intersection shall
yield the right-of-way to the vehicle so proceeding.
C. The driver of a vehicle approaching a yield sign shall in
obedience to such sign slow down to a speed reasonable for the
existing conditions, or shall stop if necessary as provided in
subsection (e) of Section 11-703 of this title, and shall yield the
right-of-way to any pedestrian legally crossing the roadway on which
the driver is driving, and to any vehicle in the intersection or
approaching on another highway so closely as to constitute an
immediate hazard. Said driver having so yielded may proceed and the
drivers of all other vehicles approaching the intersection shall
yield to the vehicle so proceeding, provided, however, that if such
driver is involved in a collision with a pedestrian in a crosswalk
or vehicle in the intersection after driving past a yield sign
without stopping, such collision shall be deemed prima facie
evidence of the driver’s failure to yield right-of-way.
D. Where two or more vehicles face stop, slow, warning or
caution signs or signals on two or more intersecting cross streets,
and are approaching so as to enter the intersection at the same
time, where each vehicle is required to stop, the vehicle coming
from the right shall have the right-of-way. Where each vehicle is
required to slow, the vehicle coming from the right shall have the
right-of-way. Where each vehicle is required to take caution, the
vehicle coming from the right shall have the right-of-way. Where
one vehicle is required to stop and the other to slow or take
caution, the one slowing or taking caution shall have the right-ofway. Where one vehicle is required to slow and the other to take
caution, the one required to take caution shall have the right-ofway. In any event, a vehicle which has already entered the
intersection shall have the right-of-way over one which has not so
entered the intersection.
Added by Laws 1961, p. 379, § 11-403, eff. Sept. 1, 1961. Amended
by Laws 2002, c. 468, § 76, eff. Nov. 1, 2002; Laws 2003, c. 199, §
7, eff. Nov. 1, 2003.
§47-11-403.1. Failure to yield causing fatality or bodily injury Fees and penalties.
A. Any person convicted of failure to yield a right-of-way and
who causes a fatality or great bodily injury, as defined in Section
11-904 of this title, as a result of such violation shall, in
addition to any other fine or penalty, be assessed a fee in the
amount of Five Hundred Dollars ($500.00) to be deposited in the
Motorcycle Safety and Education Program Revolving Fund established
Oklahoma Statutes - Title 47. Motor Vehicles
in Section 40-123 of this title. Any person convicted of failure to
yield a right-of-way and who causes a serious bodily injury as a
result of such violation may, in addition to any other fine or
penalty, be assessed a fee in the amount of Five Hundred Dollars
($500.00) to be deposited in the Motorcycle Safety and Education
Program Revolving Fund. For the purposes of this section, a serious
bodily injury is an injury that is serious in nature but does not
quite rise to the level of a great bodily injury or a fatality.
The monies deposited as provided in this subsection shall be
used to promote public awareness of the dangers of driving while
under the influence of alcohol or any controlled substance and to
promote motorcycle safety and defensive driving for youth.
B. In addition to the fees provided in subsection A of this
section, the court may impose additional penalties, including:
1. A remedial driving course;
2. A loss of driver license for ninety (90) days; or
3. A payment of restitution.
Added by Laws 2006, c. 104, § 2, eff. Nov. 1, 2006. Amended by Laws
2007, c. 62, § 11, emerg. eff. April 30, 2007; Laws 2025, c. 284, §
1, eff. Nov. 1, 2025.
§47-11-403.2.
30, 2007.
Repealed by Laws 2007, c. 62, § 37, emerg. eff. April
§47-11-403.2a. Transfer of funds from Motorcycle Safety and Drunk
Driving Awareness Fund to Department of Public Safety Revolving
Fund.
A. All unencumbered balances contained in the Motorcycle Safety
and Drunk Driving Awareness Fund as of April 30, 2007, shall be
deposited to the credit of the Department of Public Safety Revolving
Fund of the State Treasury. The Director of the Office of
Management and Enterprise Services shall be authorized to transfer
the unencumbered balance described by this subsection to the
Department of Public Safety Revolving Fund.
B. Any unexpended balance contained in the Motorcycle Safety
and Drunk Driving Awareness Fund as of April 30, 2007, shall be
transferred and deposited to the credit of the Department of Public
Safety Revolving Fund of the State Treasury. The Director of the
Office of Management and Enterprise Services shall be authorized to
transfer the unexpended balance described by this subsection to the
Department of Public Safety Revolving Fund.
Added by Laws 2007, c. 320, § 11, eff. July 1, 2007. Amended by
Laws 2012, c. 304, § 174.
§47-11-404.
Vehicle entering highway from private road or driveway.
Oklahoma Statutes - Title 47. Motor Vehicles
The driver of a vehicle about to enter or cross a highway from a
private road or driveway shall yield the right-of-way to all
vehicles approaching on said highway.
Laws 1961, p. 379, § 11-404.
§47-11-405. Operation of vehicles on approach of authorized
emergency vehicles.
A. Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals meeting the
requirements of Section 12-218 of this act, or of a police vehicle
properly and lawfully making use of an audible signal or red
flashing lights, the driver of every other vehicle shall yield the
right-of-way and shall immediately drive to a position parallel to,
and as close as possible to, the right-hand edge or curb of the
roadway clear of any intersection and shall stop and remain in such
position until the authorized emergency vehicle has passed, except
when otherwise directed by a police officer.
B. This section shall not be construed to require a peace
officer operating a police vehicle properly and lawfully in response
to a crime in progress to use audible signals nor shall this section
operate to relieve the driver of an authorized emergency vehicle
from the duty to drive with due regard for the safety of all persons
using the road or highway.
Added by Laws 1961, p. 379, § 11-405, eff. Sept. 1, 1961. Amended
by Laws 1997, c. 322, § 4, emerg. eff. May 29, 1997.
§47-11-405.1. Renumbered as § 11-314 of this title by Laws 2002, c.
397, § 35, eff. Nov. 1, 2002.
§47-11-406. Farm tractors or implements - Operation on highways Permission from Department required - Wide vehicles - Duty of
operator - Yield of right-of-way.
A. A farm tractor, as defined in Section 1-118 of this title,
or any implement of husbandry, as defined in Section 1-125 of this
title, except trailers and semitrailers when operated in accordance
with statutory limits or provisions of Section 14-101 of this title,
shall not be permitted to travel upon any highway in this state
which is a part of the National System of Interstate and Defense
Highways. However, the Department of Public Safety shall have the
authority to permit such travel in certain geographic areas of the
state as deemed necessary. Such tractor or implement may be
operated on any other roadway in this state if the operator has
attached all the safety devices required by law and has taken
reasonable steps to reduce the width of the tractor or implement as
provided for by the manufacturer. Whenever the width of a farm
tractor or implement of husbandry exceeds the width of that portion
of a roadway on which the tractor or implement is driven, which is
Oklahoma Statutes - Title 47. Motor Vehicles
marked as a single lane of traffic, or, if the roadway has not been
marked for lanes of traffic and the width of the tractor or
implement exceeds more than fifty percent (50%) of the width of the
roadway, the operator shall move the tractor or implement, as soon
as possible, as far to the right-hand side of the roadway as is
practicable and safe upon approach of any oncoming or following
vehicle and upon approaching the crest of a hill.
B. Upon the immediate approach of a farm tractor or implement
of husbandry which cannot be moved by the operator thereof to the
far right-hand side of the roadway, as required in subsection A of
this section, due to the existence of any bridge or guardrail, sign
or any other physical impediment which would not safely allow such
tractor or implement to travel on the far right-hand side of the
road, the driver of every other vehicle shall yield the right-of-way
and shall immediately pull over to the far right-hand side of the
road and remain in such position until the tractor or implement has
passed.
C. This section shall not operate to relieve any operator of a
farm tractor or implement of husbandry from the duty to drive with
due regard for the safety of all persons using the roadway.
Added by Laws 1991, c. 156, § 1, emerg. eff. May 6, 1991. Amended
by Laws 1995, c. 27, § 2, eff. July 1, 1995.
§47-11-501. Pedestrians subject to traffic regulations.
(a) A pedestrian shall obey the instructions of any official
traffic-control device specifically applicable to him, unless
otherwise directed by a police officer.
(b) Pedestrians shall be subject to traffic and pedestriancontrol signals as provided in Sections 11-202 and 11-203 of this
title.
(c) At all other places pedestrians shall be accorded the
privileges and shall be subject to the restrictions stated in this
chapter.
Laws 1961, p. 380, § 11-501; Laws 1977, c. 21, § 7, emerg. eff.
April 15, 1977.
§47-11-501.1. Rights and duties of persons operating wheelchair or
motorized wheelchair.
Every person operating a wheelchair or a motorized wheelchair
shall have all of the rights and all of the duties applicable to a
pedestrian contained in Chapter 11 of Title 47 of the Oklahoma
Statutes except those provisions which by their nature can have no
application.
Added by Laws 2003, c. 411, § 10, eff. Nov. 1, 2003.
§47-11-502.
Pedestrians' right-of-way in crosswalks.
Oklahoma Statutes - Title 47. Motor Vehicles
(a) When traffic-control signals are not in place or not in
operation, the driver of a vehicle shall yield the right-of-way,
slowing down or stopping if need be to so yield, to a pedestrian
crossing the roadway within a crosswalk when the pedestrian is upon
the half of the roadway upon which the vehicle is traveling, or when
the pedestrian is approaching so closely from the opposite half of
the roadway as to be in danger.
(b) No pedestrian shall suddenly leave a curb or other place of
safety and walk or run into the path of a vehicle which is so close
that it is impossible for the driver to yield.
(c) Paragraph (a) shall not apply under the conditions stated in
Section 11-503(b).
(d) Whenever any vehicle is stopped at a marked crosswalk or at
any unmarked crosswalk at an intersection to permit a pedestrian to
cross the roadway, the driver of any other vehicle approaching from
the rear shall not overtake and pass such stopped vehicle.
Laws 1961, p. 380, § 11-502.
§47-11-503. Crossing at other than cross walks.
(a) Every pedestrian crossing a roadway at any point other than
within a marked crosswalk or within an unmarked crosswalk at an
intersection shall yield the right-of-way to all vehicles upon the
roadway.
(b) Any pedestrian crossing a roadway at a point where a
pedestrian tunnel or overhead pedestrian crossing has been provided
shall yield the right-of-way to all vehicles upon the roadway.
(c) Between adjacent intersections at which traffic-control
signals are in operation pedestrians shall not cross at any place
except in a marked crosswalk.
Laws 1961, p. 380, § 11-503.
§47-11-504. Drivers to exercise due care.
Notwithstanding the foregoing provisions of this chapter, every
driver of a vehicle shall exercise due care to avoid colliding with
any pedestrian upon any roadway and shall give warning by sounding
the horn when necessary and shall exercise proper precaution upon
observing any child or any confused or incapacitated person upon a
roadway.
Added by Laws 1961, p. 380, § 11-504, eff. Sept. 1, 1961.
§47-11-505. Pedestrians to use right half of crosswalks.
Pedestrians shall move, whenever practicable, upon the right
half of crosswalks.
Laws 1961, p. 380, § 11-505.
§47-11-506.
Pedestrians on roadways or bridges.
Oklahoma Statutes - Title 47. Motor Vehicles
(a) Where sidewalks are provided, it shall be unlawful for any
pedestrian to walk along and upon an adjacent roadway.
(b) Where sidewalks are not provided, any pedestrian walking
along and upon a highway shall, when practicable, walk only on the
left side of the roadway or its shoulder facing traffic which may
approach from the opposite direction and shall yield to approaching
vehicles.
(c) It shall be unlawful for any person to enter upon any
portion of a bridge for the purpose of diving or jumping therefrom
into a lake, river or stream for recreation, and it shall be
unlawful for a pedestrian to use a bridge where sidewalks are not
provided for the purpose of standing or sightseeing.
Amended by Laws 1986, c. 279, § 20, operative July 1, 1986.
§47-11-507. Pedestrians soliciting rides or business.
No person shall stand in a roadway for the purpose of soliciting
a ride, donation, employment or business from the occupant of any
vehicle; provided, that persons shall not be prohibited from
soliciting pursuant to this section if performed on a roadway
maintained by a city or town in compliance with a permit and
regulations adopted by ordinance.
Added by Laws 1961, p. 380, § 11-507. Amended by Laws 2021, c. 158,
§ 1, emerg. eff. April 22, 2021.
§47-11-601. Required position and method of turning at
intersections.
The driver of a vehicle intending to turn at an intersection
shall do so as follows:
1. Right turns. Both the approach for a right turn and a right
turn shall be made as close as practicable to the right-hand curb or
edge of the roadway.
2. Left turns. The driver of a vehicle intending to turn left
at an intersection shall approach the intersection in the extreme
left-hand lane lawfully available to traffic moving in the direction
of travel of such vehicle. After entering the intersection, the
left turn shall be made so as to leave the intersection, as nearly
as practicable, in the left-hand lane lawfully available to traffic
moving in such direction upon the roadway being entered. Whenever
practicable, when leaving a two-way roadway, the left turn shall be
made in that portion of the intersection to the left of the center
of the intersection.
3. Local authorities in their respective jurisdictions may
cause markers, buttons or signs to be placed within or adjacent to
intersections and thereby require and direct that a different course
from that specified in this section be traveled by vehicles turning
at an intersection, and when markers, buttons or signs are so placed
Oklahoma Statutes - Title 47. Motor Vehicles
no driver of a vehicle shall turn a vehicle at an intersection other
than as directed and required by such markers, buttons or signs.
Added by Laws 1961, p. 381, § 11-601, eff. Sept. 1, 1961. Amended
by Laws 2007, c. 62, § 12, emerg. eff. April 30, 2007.
§47-11-602. Turning to proceed in opposite direction - Turns on
curve or near crest of grade prohibited.
A. Unless otherwise prohibited by law, the driver of a vehicle
shall not turn the vehicle so as to proceed in the opposite
direction unless and until such movement can be made with reasonable
safety and without interfering with other traffic.
B. No vehicle shall be turned so as to proceed in the opposite
direction upon any curve, or upon the approach to or near the crest
of a grade, where such vehicle cannot be seen by the driver of any
other vehicle approaching from either direction within five hundred
(500) feet.
Added by Laws 1961, p. 381, § 11-602, eff. Sept. 1, 1961. Amended
by Laws 2007, c. 62, § 13, emerg. eff. April 30, 2007.
§47-11-603. Starting parked vehicle.
No person shall start a vehicle which is stopped, standing or
parked unless and until such movement can be made with reasonable
safety.
Laws 1961, p. 381, § 11-603.
§47-11-604. Turning movements and required signals.
A. No person shall turn a vehicle at an intersection, a public
or private road, or a driveway, unless the vehicle is in proper
position upon the roadway as required in Section 11-601 of this
title, or move right or left upon a roadway unless and until such
movement can be made with reasonable safety. No person shall so
turn any vehicle without giving an appropriate signal as provided in
subsection B of this section, in the event any other traffic may be
affected by such movement.
B. A signal of intention to turn right or left as required by
law shall be given continuously during not less than the last one
hundred (100) feet traveled by the vehicle before turning.
C. No person shall stop or suddenly decrease the speed of a
vehicle without first giving an appropriate signal in the manner
provided in subsection B of this section to the driver of any
vehicle immediately to the rear when there is opportunity to give
such signal.
D. When any person is properly preparing for, attempting or
executing a left turn, as described in subsection A of this section,
no other person operating another vehicle immediately following the
turning vehicle shall pass or attempt to pass the turning vehicle to
the left. Such other person shall come to a complete stop if
Oklahoma Statutes - Title 47. Motor Vehicles
necessary at a safe distance behind the person preparing for,
attempting or executing the turn or may proceed to the right of the
turning vehicle as provided by Section 11-304 of this title.
Added by Laws 1961, p. 381, § 11-604. Amended by Laws 1997, c. 152,
§ 1, emerg. eff. April 25, 1997.
§47-11-605. Signals by hand and arm or signal lamps.
(a) Any stop or turn signal when required herein shall be given
either by means of the hand and arm or by signal lamps, except as
otherwise provided in paragraph (b).
(b) Any motor vehicle in use on a highway shall be equipped
with, and required signal shall be given by, signal lamps when the
distance from the center of the top of the steering post to the left
outside limit of the body, cab or load of such motor vehicle exceeds
twenty-four (24) inches, or when the distance from the center of the
top of the steering post to the rear limit of the body or load
thereof exceeds fourteen (14) feet. The latter measurement shall
apply to any single vehicle, also to any combination of vehicles.
Laws 1961, p. 381, § 11-605.
§47-11-606. Method of giving hand-and-arm signals.
All signals herein required given by hand and arm shall be given
from the left side of the vehicle in the following manner and such
signals shall indicate as follows:
1. Left turn. Hand and arm extended horizontally;
2. Right turn. Hand and arm extended upward. A person
operating a bicycle may extend his or her right hand and arm
horizontally to his or her right; and
3. Stop or decrease speed. Hand and arm extended downward. A
person operating a bicycle may extend his or her right hand and arm
downward to his or her right side.
Added by Laws 1961, p. 382, § 11-606. Amended by Laws 2021, c. 449,
§ 4, eff. Nov. 1, 2021.
§47-11-701. Obedience to signal indicating approach of train.
A. Whenever any person driving a vehicle approaches a railroad
grade crossing under any of the circumstances stated in this
section, the driver of such vehicle shall stop within fifty (50)
feet but not less than fifteen (15) feet from the nearest rail of
such railroad, and shall not proceed until he can do so safely. The
foregoing requirements shall apply when:
1. A clearly visible electric or mechanical signal device gives
warning of the immediate approach of a railroad train or other ontrack equipment;
2. A crossing gate is lowered or when a human flagman gives or
continues to give a signal of the approach or passage of a railroad
train or other on-track equipment;
Oklahoma Statutes - Title 47. Motor Vehicles
3. A railroad train or other on-track equipment approaching
within approximately one thousand five hundred (1,500) feet of the
highway crossing emits a signal audible from such distance and such
railroad train or other on-track equipment, by reason of its speed
or nearness to such crossing, is an immediate hazard;
4. An approaching railroad train or other on-track equipment is
plainly visible and is in hazardous proximity to such crossing; or
5. The tracks at the crossing are not clear.
B. No person shall drive any vehicle through, around or under
any crossing gate or barrier at a railroad crossing while such gate
or barrier is closed or is being opened or closed or fail to obey
the directions of a law enforcement officer at the crossing.
C. The operator of any Class A, B, or C commercial vehicle not
required to stop at all railroad crossings, as prescribed in Section
11-702 of this title, shall slow down and check that the tracks are
clear of an approaching train.
Added by Laws 1961, p. 382, § 11-701, eff. Sept. 1, 1961. Amended
by Laws 2002, c. 169, § 2, eff. Oct. 1, 2002; Laws 2022, c. 357, §
1, eff. Nov. 1, 2022.
§47-11-702. Commercial motor vehicles and buses - Railroad
crossing.
A. The driver of a bus as defined in Section 1-105 of this
title, whether the bus is occupied or unoccupied by passengers,
shall not cross a railroad track or tracks at grade unless the
driver stops the bus within fifty (50) feet of, and not closer than
fifteen (15) feet to, the tracks, listens and looks in each
direction along the tracks for an approaching train or other ontrack equipment, and ascertains that no train or other on-track
equipment is approaching. When it is safe to do so, the driver may
drive the bus across the tracks in a gear that permits the bus to
complete the crossing without a change of gears. The driver shall
not shift gears while crossing the tracks.
B. Any commercial motor vehicle as defined in 49 C.F.R.,
Section 390.5, shall comply with the railroad crossing provisions as
prescribed in 49 C.F.R., Section 392.10.
Added by Laws 1961, p. 382, § 11-702, eff. Sept. 1, 1961. Amended
by Laws 1997, c. 201, § 6, eff. Nov. 1, 1997; Laws 2001, c. 309, §
2, eff. Nov. 1, 2001; Laws 2003, c. 461, § 8, eff. July 1, 2003;
Laws 2004, c. 418, § 13, eff. July 1, 2004; Laws 2008, c. 302, § 1,
emerg. eff. June 2, 2008; Laws 2011, c. 138, § 1, eff. Nov. 1, 2011;
Laws 2022, c. 357, § 2, eff. Nov. 1, 2022.
§47-11-703. Stop signs and yield signs.
(a) Preferential right of way at an intersection may be
indicated by stop signs or yield signs as authorized in Section 15108 of this act.
Oklahoma Statutes - Title 47. Motor Vehicles
(b) Every stop sign and every yield sign shall be erected as
near as practicable to the nearest line of the crosswalk on the near
side of the intersection or, if there is no crosswalk, then as near
as practicable to the nearest line of the intersecting roadway,
however such yield signs shall not be erected upon the approaches of
but one of the intersecting streets.
(c) Every stop sign shall bear the word "Stop". Every yield
sign hereafter erected or replaced shall bear the word "Yield".
Every stop sign and every yield sign shall at nighttime be rendered
luminous by internal illumination, or by a floodlight projected on
the face of the sign, or by efficient reflecting elements in or on
the face of the sign.
(d) Except when directed to proceed by a police officer or
traffic-control signal, every driver of a vehicle approaching a stop
intersection indicated by a stop sign shall stop before entering the
crosswalk on the near side of the intersection or, in the event
there is no crosswalk, shall stop at a clearly marked stop line, but
if none, then at the point nearest the intersecting roadway where
the driver has a view of approaching traffic on the intersecting
roadway before entering the intersection.
(e) The driver of a vehicle approaching a yield sign if
required for safety to stop shall stop before entering the crosswalk
on the near side of the intersection or, in the event there is no
crosswalk, at a clearly marked stop line, but if none, then at the
point nearest the intersecting roadway where the driver has a view
of approaching traffic on the intersecting roadway.
Laws 1961, p. 382, § 11-703; Laws 1974, c. 287, § 9, emerg. eff. May
29, 1974.
§47-11-704. Emerging from alley, driveway or building.
The driver of a vehicle within a business or residence district
emerging from an alley, driveway or building shall stop such vehicle
immediately prior to driving onto a sidewalk or onto the sidewalk
area extending across any alleyway or driveway, and shall yield the
right-of-way to any pedestrian as may be necessary to avoid
collision, and upon entering the roadway shall yield the right-ofway to all vehicles approaching on said roadway.
Laws 1961, p. 382, § 11-704.
§47-11-705. Meeting or overtaking stopped school bus – Violation
and penalty - Reporting violations – Video monitoring on buses.
A. The driver of a vehicle meeting or overtaking a school bus
that is stopped to take on or discharge school children, and on
which the red loading signals are in operation, is to stop the
vehicle before it reaches the school bus and not proceed until the
loading signals are deactivated and then proceed past such school
bus at a speed which is reasonable and with due caution for the
Oklahoma Statutes - Title 47. Motor Vehicles
safety of such school children and other occupants. Any person
convicted of violating the provisions of this subsection shall be
punished by a fine of not less than One Hundred Dollars ($100.00).
In addition to the fine, a special assessment of One Hundred Dollars
($100.00) shall be assessed, of which seventy-five percent (75%)
shall be deposited to the credit of the Cameras for School Bus Stops
Revolving Fund established in Section 9-119 of Title 70 of the
Oklahoma Statutes. The remaining twenty-five percent (25%) of the
special assessment shall be deposited to the credit of the reviewing
law enforcement agency referred to in subsection E of this section.
B. Visual signals, meeting the requirements of Section 12-228
of this title, shall be actuated by the driver of said school bus
whenever, but only whenever, such vehicle is stopped on the highway
for the purpose of receiving or discharging school children.
C. The driver of a vehicle upon a highway with separate
roadways need not stop upon meeting or passing a school bus which is
on a different roadway or when upon a controlled-access highway and
the school bus is stopped in a loading zone which is a part of or
adjacent to such highway and where pedestrians are not permitted to
cross the roadway.
D. If the driver of a school bus witnesses a violation of the
provisions of subsection A of this section, on or before the end of
the next business day following the alleged offense, the driver
shall report the violation, the vehicle color, license tag number,
and the time and place such violation occurred to the law
enforcement authority of the municipality where the violation
occurred. The law enforcement authority of a municipality shall
issue a letter of warning on the alleged violation to the person in
whose name the vehicle is registered. The Office of the Attorney
General shall provide a form letter to each municipal law
enforcement agency in this state for the issuance of the warning
provided for in this subsection. Such form letter shall be used by
each such law enforcement agency in the exact form provided for by
the Office of the Attorney General. A warning letter issued
pursuant to this subsection shall not be recorded on the driving
record of the person to whom such letter was issued. Issuance of a
warning letter pursuant to this section shall not preclude the
imposition of other penalties as provided by law.
E. 1. A school district may install and operate a videomonitoring system in or on the school buses or the bus stop-arms
operated by the district or contract with a private vendor to do so
on behalf of the school district for the purpose of recording
violations of subsection A of this section. In the event the videomonitoring system captures a recording of a violation of subsection
A of this section, appropriate personnel at the school district
shall extract data related to the violation from the recording. The
extracted data shall include a recorded image or video containing
Oklahoma Statutes - Title 47. Motor Vehicles
the requirements listed in paragraph 2 of this subsection. The
school district shall submit the extracted data for review to the
law enforcement agency with jurisdiction in which the violation
occurred. If the reviewing law enforcement agency determines there
is sufficient evidence to identify the vehicle and the driver, such
evidence shall be submitted to the district attorney's office for
prosecution.
2. For the purposes of this subsection, "video-monitoring
system" means a system with one or more camera sensors and computers
installed and operated on a school bus that produces live digital
and recorded video of motor vehicles being operated in violation of
subsection A of this section. The system shall, at a minimum,
produce a recorded image of the license plate of the vehicle, an
identifiable picture of the driver's face, the activation status of
at least one warning device as prescribed in Section 12-228 of this
title and the time, date and location of the vehicle when the image
was recorded.
Added by Laws 1961, p. 383, § 11-705, eff. Sept. 1, 1961. Amended
by Laws 1973, c. 112, § 1; Laws 1989, c. 207, § 1, eff. Nov. 1,
1989; Laws 2003, c. 411, § 11, eff. Nov. 1, 2003; Laws 2004, c. 130,
§ 9, emerg. eff. April 20, 2004; Laws 2019, c. 145, § 1, eff. Nov.
1, 2019; Laws 2021, c. 383, § 1, eff. Nov. 1, 2021.
§47-11-705.1. Church buses - Definition - Meeting and overtaking
stopped bus - Signs and signals.
A. The driver of a vehicle meeting or overtaking a church bus
that is stopped to take on or discharge passengers, and on which the
red loading signals are in operation, is to stop the vehicle before
it reaches the church bus and not proceed until the loading signals
are deactivated and then proceed past such bus at a speed which is
reasonable and with due caution for the safety of such occupants.
B. If the church bus is equipped with visual signals meeting
the requirements of Section 12-228 of this title, the signals shall
be actuated by the driver of said church bus whenever, but only
whenever, such vehicle is stopped on the highway for the purpose of
receiving or discharging passengers.
C. The driver of a vehicle upon a highway with separate
roadways need not stop upon meeting or passing a church bus which is
on a different roadway or when upon a controlled-access highway and
the church bus is stopped in a loading zone which is a part of or
adjacent to such highway and where pedestrians are not permitted to
cross the roadway.
Added by Laws 1978, c. 262, § 1, eff. Oct. 1, 1978. Amended by Laws
2003, c. 411, § 12, eff. Nov. 1, 2003.
§47-11-801.
penalties.
Basic rule - Maximum and minimum limits – Fines and
Oklahoma Statutes - Title 47. Motor Vehicles
A. Any person driving a vehicle on a highway shall drive at a
careful and prudent speed not greater than nor less than is
reasonable and proper, having due regard to the traffic, surface,
and width of the highway and any other conditions then existing. No
person shall drive any vehicle upon a highway at a speed greater
than will permit the driver to bring it to a stop within the assured
clear distance ahead.
B. Except when a special hazard exists that requires lower
speed for compliance with subsection A of this section, the limits
specified by law or established as hereinafter authorized shall be
maximum lawful speeds, and no person shall drive a vehicle at a
speed in excess of the following maximum limits:
1. On a highway, part of a highway, or on roads located on
lands owned by a state beneficiary public trust, unless otherwise
established in law, a speed established by the Department of
Transportation on the basis of engineering and traffic
investigations used to determine the speed that is reasonable and
safe under the conditions found to exist on the highway, part of the
highway, or road;
2. For a school bus, fifty-five (55) miles per hour on paved
two-lane roads except on the state highway system, the interstate
highway system, and the turnpike system where the maximum shall be
sixty-five (65) miles per hour;
3. On any highway outside of a municipality in a properly
marked school zone, twenty-five (25) miles per hour, during certain
times as provided in Section 11-806.1 of this title and provided the
zone is marked with appropriate warning signs placed in accordance
with the latest edition of the Manual on Uniform Traffic Control
Devices for Streets and Highways. The Department of Transportation
may determine on the basis of an engineering and traffic
investigation that a speed limit higher than twenty-five (25) miles
per hour may be reasonable and safe under conditions as they exist
upon a highway, and post an alternative school zone speed limit.
The Department shall mark such school zones, or entrances and exits
onto highways by buses or students, so that the maximum speed
provided by this paragraph shall be established therein. Exits and
entrances to controlled-access highways which are within such school
zones shall be marked in the same manner as other highways. The
county commissioners shall mark such school zones along the county
roads so that the maximum speed provided by this paragraph shall be
established therein. The signs may be either permanent or
temporary. The Department shall give priority over all other
signing projects to the foregoing duty to mark school zones. The
Department shall also provide other safety devices for school zones
which are needed in the opinion of the Department;
4. Twenty-five (25) miles per hour or a posted alternative
school zone speed limit through state schools located on the state-
Oklahoma Statutes - Title 47. Motor Vehicles
owned land adjoining or outside the limits of a corporate city or
town where a state educational institution is established;
5. Thirty-five (35) miles per hour on a highway in any state
park or wildlife refuge. Provided, however, that the provisions of
this paragraph shall not include the State Capitol Park area, and no
person shall drive any vehicle at a rate of speed in excess of
fifty-five (55) miles per hour on any state or federal designated
highway within such areas; and
6. For any vehicle or combination of vehicles with solid rubber
or metal tires, ten (10) miles per hour.
The maximum speed limits set forth in this section may be
altered as authorized in Sections 11-802 and 11-803 of this title.
C. The Transportation Commission is hereby authorized to
prescribe maximum and minimum speeds for all vehicles and any
combinations of vehicles using controlled-access highways. Such
regulations shall become effective after signs have been posted on
these highways giving notice thereof. Such regulations may apply to
an entirely controlled-access highway or to selected sections
thereof as may be designated by the Transportation Commission. A
speed limit of seventy-five (75) miles per hour may be set in
locations comprising rural segments of the interstate highway system
by the Transportation Commission; provided, however, that speed is
determined to be safe and reasonable after a traffic or engineering
study has been completed by the Department. It shall be a violation
of this section to drive any vehicle at a faster rate of speed than
such prescribed maximum or at a slower rate of speed than such
prescribed minimum. However, all vehicles shall at all times
conform to the limits set forth in this section.
Copies of such regulations certified as in effect on any
particular date by the Secretary of the Transportation Commission
shall be accepted as evidence in any court in this state. Whenever
changes have been made in speed zones, copies of such regulations
shall be filed with the Commissioner of Public Safety.
D. The Oklahoma Turnpike Authority is hereby authorized to
prescribe maximum and minimum speeds for trucks, buses and
automobiles using turnpikes; provided, however, a speed limit of
eighty (80) miles per hour may be set in locations comprising the
turnpike system, as may be approved by the Authority. The
regulation pertaining to automobiles shall apply to all vehicles not
commonly classified as either trucks or buses. Such regulations
shall become effective only after approval by the Commissioner of
Public Safety, and after signs have been posted on the turnpike
giving notice thereof. Such regulations may apply to an entire
turnpike project or to selected sections thereof as may be
designated by the Oklahoma Turnpike Authority. It shall be a
violation of this section to drive a vehicle at a faster rate of
speed than such prescribed maximum speed or at a slower rate of
Oklahoma Statutes - Title 47. Motor Vehicles
speed than such prescribed minimum speed. However, all vehicles
shall at all times conform to the requirements of this section.
Copies of such regulations, certified as in effect on any
particular date by the Secretary of the Oklahoma Turnpike Authority,
shall be accepted in evidence in any court in this state.
E. The driver of every vehicle shall, consistent with the
requirements of subsection A of this section, drive at an
appropriate reduced speed when approaching and crossing an
intersection or railway grade crossing, when approaching and going
around a curve, when approaching a hillcrest, when driving upon any
narrow or winding roadway, and when special hazard exists with
respect to pedestrians or other traffic, or by reason of weather or
highway conditions. The Department of Transportation and the
Oklahoma Turnpike Authority may post, by changeable message sign or
other appropriate sign, a temporary reduced speed limit for
maintenance operations or when special hazards with respect to
pedestrians, other traffic, an accident, by reason of weather, or
other hazardous highway conditions exist.
F. 1. No person shall drive a vehicle on a county road at a
speed in excess of fifty-five (55) miles per hour unless posted
otherwise by the board of county commissioners, as provided in
subparagraphs a through c of this paragraph, as follows:
a.
the board of county commissioners may determine, by
resolution, a maximum speed limit which shall apply to
all county roads which are not otherwise posted for
speed,
b.
the board of county commissioners shall provide public
notice of the speed limit on all nonposted roads by
publication in a newspaper of general circulation in
the county. The notice shall be published once weekly
for a period of four (4) continuous weeks, and
c.
the board of county commissioners shall forward the
resolution to the Director of the Department and to
the Commissioner of Public Safety.
2. The Department shall post speed limit information, as
determined pursuant to the provisions of subparagraphs a through c
of paragraph 1 of this subsection, on the county line marker where
any state highway enters a county and at all off-ramps where
interstate highways or turnpikes enter a county. The signs shall
read as follows:
ENTERING __________ COUNTY
COUNTY ROAD SPEED LIMIT
_____ MPH
UNLESS POSTED OTHERWISE
The appropriate board of county commissioners shall reimburse
the Department the full cost of the signage required herein.
Oklahoma Statutes - Title 47. Motor Vehicles
G. Any person convicted of a speeding violation pursuant to
subsection B or F of this section shall be punished by a fine as
follows:
1. One (1) to ten (10) miles per hour over the speed limit as
provided for in Section 11-801e of this title;
2. Eleven (11) to fifteen (15) miles per hour
over the limit.............................................$20.00
3. Sixteen (16) to twenty (20) miles per hour
over the limit.............................................$35.00
4. Twenty-one (21) to twenty-five (25) miles per
hour over the limit........................................$75.00
5. Twenty-six (26) to thirty (30) miles per hour
over the limit............................................$135.00
6. Thirty-one (31) to thirty-five (35) miles per
hour over the limit.......................................$155.00
7. Thirty-six (36) miles per hour or more over
the limit.................................................$205.00
or by imprisonment for not more than ten (10) days; for a second
conviction within one (1) year after the first conviction, by
imprisonment for not more than twenty (20) days; and upon a third or
subsequent conviction within one (1) year after the first
conviction, by imprisonment for not more than six (6) months, or by
both such fine and imprisonment.
Added by Laws 1961, p. 383, § 11-801, eff. Sept. 1, 1961. Amended
by Laws 1969, c. 200, § 1; Laws 1970, c. 336, § 1, emerg. eff. April
23, 1970; Laws 1973, c. 112, § 2; Laws 1996, c. 324, § 1; Laws 1999,
c. 145, § 1, eff. Nov. 1, 1999; Laws 1999, c. 328, § 1, eff. Nov. 1,
1999; Laws 2000, c. 285, § 1, eff. July 1, 2000; Laws 2001, c. 133,
§ 1, emerg. eff. April 24, 2001; Laws 2001, c. 435, § 7, eff. July
1, 2001; Laws 2003, c. 279, § 4, emerg. eff. May 26, 2003; Laws
2008, c. 319, § 4, eff. Nov. 1, 2008; Laws 2015, c. 294, § 1, eff.
July 1, 2015; Laws 2016, c. 163, § 1, eff. Nov. 1, 2016; Laws 2016,
c. 276, § 1, eff. Nov. 1, 2016; Laws 2018, c. 237, § 1; Laws 2019,
c. 55, § 1, eff. Nov. 1, 2019; Laws 2021, c. 40, § 1, emerg. eff.
April 19, 2021; Laws 2025, c. 197, § 3, eff. Nov. 1, 2025.
NOTE: Laws 1999, c. 299, § 1 repealed by Laws 2000, c. 285, § 5,
eff. July 1, 2000.
§47-11-801a.
Repealed by Laws 1996, c. 324, § 6.
§47-11-801b. Renumbered as § 944 of Title 36 by Laws 2002, c. 397,
§ 35, eff. Nov. 1, 2002.
§47-11-801c.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
Oklahoma Statutes - Title 47. Motor Vehicles
§47-11-801d.
2005.
Repealed by Laws 2005, c. 190, § 20, eff. Sept. 1,
§47-11-801e. Speeding violations – Distribution of fines, fees and
costs.
Notwithstanding any other provision of law, any person convicted
of a speeding violation of one (1) to ten (10) miles per hour over
the limit, pursuant to subsection B or F of Section 11-801 of Title
47 of the Oklahoma Statutes, shall be punished by a fine of Five
Dollars ($5.00) and costs and fees not to exceed Ninety-five Dollars
($95.00). The court clerk shall collect fine, costs and fees to be
directed as follows:
1. The sum of Thirty-three Dollars and seventy-two cents
($33.72) for each offense of which the defendant is convicted,
irrespective of whether the sentence is deferred, shall cover
docketing of the case, filing of all papers, issuance of process,
warrants, order and other services to the date of judgment;
2. The sum of Eight Dollars and eighty cents ($8.80) shall be
assessed and credited to the District Attorneys Council Revolving
Fund to defray the cost of prosecution;
3. The sum of Eleven Dollars ($11.00) shall be assessed and
credited to the Oklahoma Court Information System Revolving Fund
created pursuant to Section 1315 of Title 20 of the Oklahoma
Statutes;
4. The sum of Four Dollars and fifty cents ($4.50) shall be
assessed and credited to the Sheriff’s Service Fee Account in the
county in which the conviction occurred for the purpose of enhancing
existing or providing additional courthouse security;
5. The sum of One Dollar and thirty cents ($1.30) shall be
assessed and credited to the Office of the Attorney General Victim
Services Unit;
6. The sum of One Dollar and thirty cents ($1.30) shall be
assessed and credited to the Child Abuse Multidisciplinary Account;
7. The sum of Two Dollars and twenty-five cents ($2.25) shall
be assessed and credited to the Sheriff’s Service Fee Account of the
sheriff of the county in which the arrest was made;
8. The sum of Four Dollars and fifty cents ($4.50) shall be
assessed and credited to the Council on Law Enforcement Education
and Training (CLEET) Fund;
9. The sum of Four Dollars and fifty cents ($4.50) shall be
assessed. Four Dollars and ten cents ($4.10) of each fee received
pursuant to this paragraph shall be credited to the A.F.I.S. Fund
created by Section 150.25 of Title 74 of the Oklahoma Statutes and
the balance deposited into the General Revenue Fund by the court
clerk. The payments shall be made to the appropriate fund by the
court clerk on a monthly basis as set forth by subsection I of
Section 1313.2 of Title 20 of the Oklahoma Statutes;
Oklahoma Statutes - Title 47. Motor Vehicles
10. The sum of Four Dollars and fifty cents ($4.50) shall be
assessed. Four Dollars and twenty-eight cents ($4.28) of each fee
received pursuant to this paragraph shall be collected and sent to
the Oklahoma State Bureau of Investigation for deposit into the
Forensic Science Improvement Revolving Fund created by Section
150.35 of Title 74 of the Oklahoma Statutes. The balance shall be
retained by the municipal court clerk;
11. The sum of Nine Dollars ($9.00) shall be assessed and
forwarded monthly in one check or draft to the Department of Public
Safety to be deposited in the Department of Public Safety Patrol
Vehicle Revolving Fund;
12. Pursuant to subsection C of Section 220 of Title 19 of the
Oklahoma Statutes, the court clerk shall assess an administrative
fee of ten percent (10%) on fees assessed in paragraphs 2, 4, 5, 6,
8, 9, 10 and 11 of this subsection which shall be deposited in the
Court Clerk’s Revolving Fund;
13. Pursuant to subsection D of Section 220 of Title 19 of the
Oklahoma Statutes, the court clerk shall assess an administrative
fee of fifteen percent (15%) on fees assessed in paragraphs 2, 4, 5,
6, 8, 9, 10 and 11 of this subsection and shall be deposited in the
District Court Revolving Fund.
Added by Laws 2018, c. 237, § 2. Amended by Laws 2021, c. 40, § 2,
emerg. eff. April 19, 2021.
§47-11-802. Establishment of state speed zones.
Whenever the State Highway Commission shall determine upon the
basis of an engineering and traffic investigation that any maximum
speed hereinbefore set forth is greater or less than is reasonable
or safe under the conditions found to exist at any intersection or
other place or upon any part of the state highway system, said
Commission may determine and declare a reasonable and safe maximum
limit thereat which, when appropriate signs giving notice thereof
are erected, shall be effective at all times, or during hours of
daylight or darkness or at such other times as may be determined at
such intersection or other place or part of the highway.
Laws 1961, p. 384, § 11-802.
§47-11-803. When local authorities may and shall alter maximum
limits.
A. Whenever local authorities in their respective jurisdictions
determine on the basis of an engineering and traffic investigation
that the maximum speed permitted under this article is greater or
less than is reasonable and safe under the conditions found to exist
upon a highway or part of a highway, the local authority may
determine and declare a reasonable and safe maximum limit thereon
which:
1. Decreases the limit at intersections;
Oklahoma Statutes - Title 47. Motor Vehicles
2. Increases the limit within an urban district, but not to
more than sixty-five (65) miles per hour; or
3. Decreases the limit outside an urban district, but not to
less than thirty (30) miles per hour.
B. Local authorities in their respective jurisdictions shall
determine by an engineering and traffic investigation the proper
maximum speed for all arterial streets and shall declare a
reasonable and safe maximum limit thereon which may be greater or
less than the maximum speed permitted under Section 1-101 et seq. of
this title for an urban district.
C. Any altered limit established as hereinabove authorized
shall be effective at all times or during hours of darkness or at
other times as may be determined when appropriate signs giving
notice thereof are erected upon such street or highway.
D. As to streets and highways within the corporate limits which
are maintained by the Department of Transportation, local
authorities shall have joint authority with the Transportation
Commission to establish or alter speed limits; provided, however,
the speed limit on an interstate highway within such corporate
limits shall not be decreased to less than sixty (60) miles per
hour; and provided further, that no local authority shall impose
speed limits on any such street or highway substantially lower than
those justified by the highway design, capacity, and traffic volume
as determined by engineering studies.
E. Not more than six such alterations as hereinabove authorized
shall be made per mile along a street or highway except in the case
of reduced limits at intersections, and the difference between
adjacent limits shall not be more than ten (10) miles per hour.
Added by Laws 1961, p. 385, § 11-803, eff. Sept. 1, 1961. Amended
by Laws 1991, c. 98, § 5, eff. July 1, 1991; Laws 1996, c. 324, § 2;
Laws 2024, c. 35, § 5, eff. Nov. 1, 2024.
§47-11-804. Minimum speed regulation.
(a) No person shall drive a motor vehicle at such a slow speed
as to impede the normal and reasonable movement of traffic except
when reduced speed is necessary for safe operation or in compliance
with law.
(b) Whenever the State Highway Commission or local authorities
within their respective jurisdictions determine on the basis of an
engineering and traffic investigation that slow speeds on any part
of a highway consistently impede the normal and reasonable movement
of traffic, the Commission or such local authority may determine and
declare a minimum speed limit below which no person shall drive a
vehicle except when necessary for safe operation or in compliance
with law.
Laws 1961, p. 385, § 11-804.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-11-805. Speed limitation on motorcycles, motor-driven cycles,
and motorized scooters.
A. No person shall operate any motorcycle at a speed greater
than the legally posted speed limit; provided, in no event nor at
any time shall an operator under the age of sixteen (16) years drive
a motorcycle on a highway which has a minimum speed limit
established and posted.
B. No person shall operate any motor-driven cycle at a speed
greater than the legally posted speed limit; provided, in no event
nor at any time shall any operator drive a motor-driven cycle at a
speed greater than thirty-five (35) miles per hour.
C. No person shall operate a motorized scooter at a speed
greater than the legally posted speed limit; provided, in no event
nor at any time shall any operator drive a motorized scooter:
1. At a speed greater than twenty-five (25) miles per hour; and
2. On any roadway with a posted speed limit of greater than
twenty-five (25) miles per hour.
Any municipality or board of county commissioners is hereby
authorized to adopt ordinances and regulations for the operation of
motorized scooters as provided in Section 19 of this act.
Added by Laws 1961, p. 385, § 11-805. Amended by Laws 2003, c. 411,
§ 13, eff. Nov. 1, 2003; Laws 2004, c. 521, § 8, eff. Nov. 1, 2004.
§47-11-805.1. Low-speed electrical vehicles – Restrictions on
operation.
A. No person shall operate any low-speed electrical vehicle on
any street or highway with a posted speed limit greater than thirtyfive (35) miles per hour.
B. The provisions of subsection A of this section shall not
prohibit a low-speed vehicle from crossing a street or highway with
a posted speed limit greater than thirty-five (35) miles per hour.
C. This section shall not prevent a city from adopting any
ordinance that would further restrict low-speed electrical vehicles
from operating on certain city-owned streets in order to ensure the
public health and safety.
D. This section shall be a part of and supplemental to the
rules of the road as provided in Section 11-101 et seq. of Title 47
of the Oklahoma Statutes.
Added by Laws 2001, c. 243, § 2, eff. Nov. 1, 2001.
§47-11-805.2.
Repealed by Laws 2019, c. 43, § 6, eff. Nov. 1, 2019.
§47-11-805.3. Electric personal assistive mobility devices Registration - Operation requirements - Warning notice.
A. Notwithstanding any other provisions of law, an electric
personal assistive mobility device, as defined in Section 1 of this
act, shall not be:
Oklahoma Statutes - Title 47. Motor Vehicles
1. Registered pursuant to the Oklahoma Vehicle License and
Registration Act; or
2. Operated on the highways or turnpikes of this state except
as provided in subsection B of this section.
B. An electric personal assistive mobility device may be
operated upon the sidewalks, walking trails, bikeways, and municipal
streets of this state. A municipality may prohibit the operation of
an electric personal assistive mobility device on public streets
where the speed limit is greater than twenty-five (25) miles per
hour but, except for enforcement of the provisions of subsection C
of this section, may not otherwise restrict the operation of an
electric personal assistive mobility device.
C. 1. A person operating an electric personal assistive
mobility device shall:
a.
not be required to have an Oklahoma driver license to
operate the device,
b.
obey all speed limits,
c.
yield the right of way to pedestrians and human
powered devices at all times,
d.
give an audible signal before overtaking and passing
any pedestrian, and
e.
wear or equip the electric personal assistive mobility
device with reflectors and a headlight when operating
at night.
2. Failure to comply with any requirement set forth in
subparagraphs b through e of paragraph 1 of this subsection shall
result in a warning for the first offense, a fine of Ten Dollars
($10.00) for the second offense, and impoundment of the electric
personal assistive mobility device for up to thirty (30) days for
subsequent offenses. Each act of noncompliance shall be considered
a separate offense.
D. 1. It shall be unlawful to manufacture, assemble, sell,
offer to sell, or distribute an electric personal assistive mobility
device in this state unless the device is accompanied by a warning
notice. The warning notice shall be substantially similar to the
following: “REDUCE THE RISK OF SERIOUS INJURY AND ONLY USE WHILE
WEARING FULL PROTECTIVE GEAR, WHICH SHALL INCLUDE HELMET, WRIST
GUARDS, ELBOW PADS, AND KNEE PADS”.
2. A person, firm, corporation, or other legal entity that
regularly engages in the business of manufacturing, assembling,
selling, or distributing electric personal assistive mobility
devices and complies with the requirements of this subsection shall
not be liable in a civil action for damages for any physical injury
sustained by an operator of an electric personal assistive mobility
device as a result of the operator’s failure to wear protective gear
in accordance with the notice required by paragraph 1 of this
subsection.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 2002, c. 58, § 4, emerg. eff. April 11, 2002.
Renumbered from Title 47, § 19-211 by Laws 2003, c. 279, § 16,
emerg. eff. May 26, 2003.
§47-11-805.4. Electric gopeds.
Electric gopeds shall be operated as provided in subsections A
and B of Section 11-805.3 of this title.
Added by Laws 2003, c. 411, § 3, eff. Nov. 1, 2003. Amended by Laws
2004, c. 418, § 14, eff. July 1, 2004.
§47-11-806. Special speed limitations.
A. No person shall drive a vehicle over any bridge or other
elevated structure constituting a part of a highway at a speed which
is greater than the maximum speed which can be maintained with
safety to the bridge or structure, when the structure is signposted
as provided in this section.
B. The Oklahoma Department of Transportation and local
authorities may conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and if they
shall thereupon find that the structure cannot, with safety to
itself, withstand vehicles driving at speeds otherwise permissible
under Section 1-101 et seq. of this title, they shall determine and
declare the maximum speed of vehicles which the structure can safely
withstand, and may cause and permit suitable signs stating the
maximum speed to be erected and maintained at a distance of one
hundred feet before each end of the structure.
C. Where any state or federal highway or turnpike shall be
under construction, maintenance, or repair or when a detour shall
have been designated by reason of construction, maintenance, or
repairs in progress and a maximum safe, careful, and prudent speed
shall have been determined by the Oklahoma Department of
Transportation on the highway or highway detour or by the Oklahoma
Transportation Authority on the turnpike or turnpike detour during
the period of the construction, maintenance, or repairs and shall
have plainly posted by changeable message or other appropriate sign
at each terminus thereof and at not less than each half mile along
the route thereof the determined maximum speed, no person shall
drive any vehicle upon the portion of the highway or the highway
detour or upon the portion of the turnpike or the turnpike detour at
a speed in excess of the speed so determined and posted. Violation
of the posted speed limit in the repair, maintenance, or
construction zone shall result in the doubling of the appropriate
fine. For purposes of this section, "repair, maintenance, or
construction zone" means any location where repair, maintenance, or
construction work is actually in progress and workers present.
D. The Oklahoma Department of Transportation and the Oklahoma
Turnpike Authority may post, by changeable message sign or other
Oklahoma Statutes - Title 47. Motor Vehicles
appropriate sign, a temporary reduced speed limit for special
hazards with respect to pedestrians, other traffic, an accident, by
reason of weather or when other hazardous highway conditions exist.
E. Upon the trial of any person charged with a violation of
this section, proof of the determination of the maximum speed by the
Department of Transportation or by the Oklahoma Transportation
Authority and the existence of the signs shall constitute conclusive
evidence of the maximum speed which can be maintained with safety as
provided in subsections B , C and D of this section.
Added by Laws 1961, p. 385, § 11-806, eff. Sept. 1, 1961. Amended
by Laws 1996, c. 127, § 1; Laws 2001, c. 202, § 1, eff. Nov. 1,
2001; Laws 2015, c. 294, § 2, eff. July 1, 2015.
§47-11-806.1. Reduced speed limit at certain times in school zone.
Where any portion of a road, street, or highway is a properly
marked school zone, as indicated with appropriate warning signs
placed in accordance with the latest edition of the Manual on
Uniform Traffic Control Devices, and a reduced speed limit as
properly posted, shall be in effect during certain times due to the
presence or potential presence of school children, no person shall
drive any vehicle upon that portion of the highway which is the
school zone in excess of the reduced speed limit so posted when the
reduced speed limit is in effect. Violation of the posted reduced
speed limit in the school zone shall result in the doubling of the
appropriate fine.
Added by Laws 2003, c. 199, § 8, eff. Nov. 1, 2003.
§47-11-806.2. Reduced speed limit in toll booth zone.
Where any portion of a turnpike is a properly marked toll booth
zone, as indicated with appropriate signs placed in accordance with
the latest edition of the Manual on Uniform Traffic Control Devices,
and a reduced speed limit, as properly posted shall be in effect
within the zone, no person shall drive any vehicle upon that portion
of the turnpike which is the toll booth zone in excess of the
reduced speed limit so posted. Violation of the posted reduced
speed limit in the toll booth zone shall result in the doubling of
the appropriate fine.
Added by Laws 2005, c. 114, § 1, eff. Nov. 1, 2005.
§47-11-807. Charging violations and rule in civil actions.
A. In every charge of violation of any speed regulation in this
article, the complaint, also the summons or notice to appear, shall
specify the speed at which the defendant is alleged to have driven,
also the maximum speed applicable within the district or at the
location.
B. The provision of this article declaring maximum speed
limitations shall not be construed to relieve the plaintiff in any
Oklahoma Statutes - Title 47. Motor Vehicles
action from the burden of proving negligence on the part of the
defendant as the proximate cause of an accident.
C. Unless another penalty is provided in this title, every
person convicted of violating any provision of Sections 11-801
through 11-806 of this title, shall be punished as provided in
Section 17-101 of this title.
Added by Laws 1961, p. 386, § 11-807, eff. Sept. 1, 1961. Amended
by Laws 2001, c. 435, § 8, eff. July 1, 2001.
§47-11-808. Jammers and speed measuring devices - Use, possession,
manufacture, sale or distribution prohibited - Exemption.
A. As used in this section:
1. "Jammer" means any instrument, device, or equipment designed
or intended for use with a vehicle or otherwise to jam or interfere
with in any manner a speed measuring device operated by a law
enforcement officer in the vicinity; and
2. "Speed measuring device" shall include, but is not limited
to, devices commonly known as radar speed meters or laser speed
meters.
B. It shall be unlawful for any person to use or possess a
jammer.
C. It shall be unlawful to manufacture, advertise or offer for
sale, sell or otherwise distribute any jammer in this state.
D. This section shall not apply to any person who lawfully
possesses a license issued by the Federal Communications Commission
for the use of a jammer.
Added by Laws 1981, c. 270, § 1. Amended by Laws 2003, c. 411, §
14, eff. Nov. 1, 2003.
§47-11-808.1. Unlawful acts - Radar detectors.
It shall be unlawful for any person to:
1. Possess, operate or use a radar detector while operating or
as a passenger in a commercial motor vehicle;
2. Operate a commercial motor vehicle in which a radar detector
is installed or present; or
3. Install or have installed a radar detector in a commercial
motor vehicle.
Added by Laws 2012, c. 207, § 5, emerg. eff. May 8, 2012.
§47-11-809. Exemptions.
The provisions of this act shall not apply to:
1. Any receiver of radio waves of any frequency lawfully
licensed by any state or federal agency;
2. Any such device owned or operated by the federal or state
government or any political subdivision used by employees thereof in
their official duties, or the sale of any such device to law
enforcement agencies for use in their official duties; or
Oklahoma Statutes - Title 47. Motor Vehicles
3. Any citizens band radio.
Laws 1981, c. 270, § 2.
§47-11-810. Points - Convictions for speeding.
A. Except when the person is the holder of a commercial driver
license and commits the offense while operating any vehicle or when
the person who commits the offense is operating a commercial motor
vehicle, the Department of Public Safety shall not report or assess
points to the driving record of any person, as maintained by Service
Oklahoma, for a conviction of exceeding the speed limit by at least
one (1) mile per hour but not more than ten (10) miles per hour.
B. Except when the person is the holder of a commercial driver
license committing the offense while operating any vehicle or when
the person committing the offense is operating a commercial motor
vehicle, the Department of Public Safety shall not record or assess
points for convictions for traffic offenses on the driving record of
any person as maintained by Service Oklahoma, where such conviction
is for exceeding the speed limit prescribed in this title, but not
exceeding the speed limit previously in force where the violation
occurred.
C. Except when the person is the holder of a commercial driver
license committing the offense while operating any vehicle or when
the person committing the offense is operating a commercial motor
vehicle, the Department of Public Safety shall not record or assess
points against a person for out-of-state convictions of exceeding
the speed limits of that state, provided the person did not exceed
the speed limit previously in force as of January 1, 1974, in the
state where the conviction occurred.
Added by Laws 1992, c. 303, § 30, eff. July 1, 1992. Amended by
Laws 2000, c. 124, § 2, eff. Nov. 1, 2000; Laws 2005, c. 394, § 12,
eff. Sept. 1, 2005; Laws 2022, c. 282, § 92, emerg. eff. May 19,
2022.
NOTE: Laws 2005, c. 190, § 9 repealed by Laws 2006, c. 16, § 28,
emerg. eff. March 29, 2006.
§47-11-901. Reckless driving.
A. It shall be deemed reckless driving for any person to drive
a motor vehicle in a careless or wanton manner without regard for
the safety of persons or property or in violation of the conditions
outlined in Section 11-801 of this title.
B. Every person convicted of reckless driving shall be punished
upon a first conviction by imprisonment for a period of not less
than five (5) days nor more than ninety (90) days, or by a fine of
not less than One Hundred Dollars ($100.00) nor more than Five
Hundred Dollars ($500.00), or by both such fine and imprisonment; on
a second or subsequent conviction, punishment shall be imprisonment
for not less than ten (10) days nor more than six (6) months, or by
Oklahoma Statutes - Title 47. Motor Vehicles
a fine of not less than One Hundred Fifty Dollars ($150.00) nor more
than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
Added by Laws 1961, p. 386, § 11-901, eff. Sept. 1, 1961. Amended
by Laws 2000, c. 285, § 2, eff. July 1, 2000; Laws 2001, c. 133, §
2, emerg. eff. April 24, 2001; Laws 2001, c. 435, § 9, eff. July 1,
2001.
§47-11-901a. Renumbered as § 15-102.1 of this title by Laws 2002,
c. 397, § 35, eff. Nov. 1, 2002.
§47-11-901b. Full time and attention to driving.
The operator of every vehicle, while driving, shall devote their
full time and attention to such driving.
No law enforcement officer shall issue a citation under this
section unless the law enforcement officer observes that the
operator of the vehicle is involved in an accident or observes the
operator of the vehicle driving in such a manner that poses an
articulable danger to other persons on the roadway that is not
otherwise specified in statute.
Added by Laws 2003, c. 108, § 3, eff. Nov. 1, 2003. Amended by Laws
2010, c. 76, § 2, eff. Nov. 1, 2010.
§47-11-901c. Unlawful use of cellular telephone.
A. It shall be unlawful for any person to operate a commercial
motor vehicle or for a public transit driver to operate a motor
vehicle on any street or highway within this state while:
1. Using a cellular telephone or electronic communication
device to write, send, or read a text-based communication; or
2. Using a hand-held mobile telephone while operating a
commercial motor vehicle.
For the purposes of paragraphs 1 and 2 of this subsection, using
a hand-held mobile telephone is permissible by drivers of a
commercial motor vehicle when necessary to communicate with law
enforcement officials, other emergency services or by a public
school bus driver to and from a central dispatch school
transportation department or its equivalent.
B. Any person who violates the provisions of subsection A of
this section shall, upon conviction, be guilty of a misdemeanor
punishable by a fine of Five Hundred Dollars ($500.00).
C. As used in this section:
1. "Cellular telephone" means an analog or digital wireless
telephone authorized by the Federal Communications Commission to
operate in the frequency bandwidth reserved for cellular telephones;
2. "Electronic communication device" means an electronic device
that permits the user to manually transmit a communication of
written text by means other than through an oral transfer or wire
Oklahoma Statutes - Title 47. Motor Vehicles
communication. This term does not include a voice-activated global
positioning or navigation system that is affixed to a motor vehicle;
3. "Operate" means operating on a street or highway, including
while temporarily stationary because of traffic, a traffic control
device or other momentary delays. Operating does not include when
the driver of a commercial motor vehicle has moved the vehicle to
the side of or off a street or highway and has halted in a location
where the vehicle can safely remain stationary;
4. "Public transit driver" means:
a.
any operator of a public transit vehicle owned and
operated by the State of Oklahoma, any public trust
authority, county, municipality, town or city within
this state,
b.
any operator of a school bus or multi-passenger motor
vehicle owned and approved to operate by the State
Department of Education or any school district within
this state, or
c.
any operator, conductor or driver of a locomotive
engine, railway car or train of cars; and
5. "Write, send, or read a text-based communication", also
known as texting, means manually entering alphanumeric text into,
sending text, or reading text from, an electronic device, and
includes, but is not limited to, short message service (SMS),
emailing, instant messaging (IM), a command or request to access a
World Wide Web page, or engaging in any other form of electronic
text retrieval or entry, for present or future communication. As
used in this paragraph, texting does not include:
a.
using voice commands to select or enter a telephone
number, an extension number, or voicemail retrieval
codes and commands into an electronic device for the
purpose of initiating or receiving a phone call,
b.
inputting, selecting, or reading information on a
global positioning system or navigation system, or
c.
using a device capable of performing multiple
functions for a purpose that is not otherwise
prohibited in this part, including, but not limited
to, fleet management systems, dispatching devices,
smart phones, citizens band radios, and music players.
D. This act shall not apply to railroads and railroad operating
employees regulated by the Federal Railroad Administration.
Added by Laws 2010, c. 218, § 1, eff. Nov. 1, 2010. Amended by Laws
2012, c. 207, § 6, emerg. eff. May 8, 2012; Laws 2015, c. 214, § 2,
eff. Nov. 1, 2015; Laws 2019, c. 403, § 1, eff. Nov. 1, 2019.
§47-11-901d. Text messaging - Penalties.
A. It shall be unlawful for any person to operate a motor
vehicle on any street or highway within this state while using a
Oklahoma Statutes - Title 47. Motor Vehicles
hand-held electronic communication device to manually compose, send
or read an electronic text message while the motor vehicle is in
motion.
B. Any person who violates the provisions of subsection A of
this section shall, upon conviction, be punished by a fine of not
more than One Hundred Dollars ($100.00).
C. The Department of Public Safety shall not record or assess
points for violations of this section on any license holder's
traffic record maintained by Service Oklahoma.
D. The provisions of subsection A of this section shall not
apply if the person is using the cellular telephone or electronic
communication device for the sole purpose of communicating with any
of the following regarding an imminent emergency situation:
1. An emergency response operator;
2. A hospital, physician's office or health clinic;
3. A provider of ambulance services;
4. A provider of firefighting services; or
5. A law enforcement agency.
E. Municipalities may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under the
provisions of this section. The provisions of such ordinances shall
be the same as provided for in this section; the enforcement
provisions of those ordinances shall not be more stringent than
those of this section; and the fine and court costs for municipal
ordinance violations shall be the same or a lesser amount as
provided for in this section.
F. For the purpose of this section:
1. "Cellular telephone" means an analog or digital wireless
telephone authorized by the Federal Communications Commission to
operate in the frequency bandwidth reserved for cellular telephones;
2. "Compose", "send" or "read" with respect to a text message
means the manual entry, sending or retrieval of a text message to
communicate with any person or device;
3. "Electronic communication device" means an electronic device
that permits the user to manually transmit a communication of
written text by means other than through an oral transfer or wire
communication. This term does not include:
a.
a device that is physically or electronically
integrated into a motor vehicle,
b.
a voice-operated global positioning or navigation
system that is affixed to a motor vehicle,
c.
a hands-free device that allows the user to write,
send or read a text message without the use of either
hand except to activate, deactivate or initiate a
feature or function, or
d.
an ignition interlock device that has been installed
on a motor vehicle; and
Oklahoma Statutes - Title 47. Motor Vehicles
4. "Text message" includes a text-based message, instant
message, electronic message, photo, video or electronic mail.
Added by Laws 2015, c. 248, § 2, eff. Nov. 1, 2015. Amended by Laws
2016, c. 186, § 1, eff. Nov. 1, 2016; Laws 2022, c. 282, § 93,
emerg. eff. May 19, 2022.
§47-11-901e. Holding or using a hand-held cell phone or
communication device when in a school zone — Exceptions.
A. For the purpose of this section:
1. “Cellular telephone” means an analog or digital wireless
telephone authorized by the Federal Communications Commission to
operate in the frequency bandwidth reserved for cellular telephones;
2. “Compose”, “send”, or “read” with respect to a text message
means the manual entry, sending, or retrieval of a text message to
communicate with any person or device;
3. “Electronic communication device” means an electronic device
that permits the user to manually transmit a communication of
written text by means other than through an oral transfer or wire
communication. This term does not include:
a.
a device that is physically or electronically
integrated into a motor vehicle,
b.
a voice-operated global positioning or navigation
system that is affixed to a motor vehicle,
c.
a hands-free or voice-operated device that allows the
user to write, send, or read a text message without
the use of either hand except to activate, deactivate,
or initiate a feature or function,
d.
an ignition interlock device that has been installed
on a motor vehicle, or
e.
amateur radio use or operation; and
4. "Text message" includes a text-based message, instant
message, electronic message, photo, video, or electronic mail.
B. Where any portion of a road, street, or highway is a
properly marked school zone, as indicated with appropriate warning
signs placed in accordance with the latest edition of the Manual on
Uniform Traffic Control Devices, and a reduced speed limit is
properly posted that is in effect during certain times due to the
presence or potential presence of school children, or in a road
construction zone, and while a motor vehicle is in motion, it shall
be unlawful for any person to operate a motor vehicle on any street
or highway within this state while:
1. Using a hand-held electronic communication device or
cellular telephone to manually compose, send, or read an electronic
text message; or
2. Holding or using a hand-held cellular telephone.
Oklahoma Statutes - Title 47. Motor Vehicles
C. Any person who violates the provisions of subsection B of
this section shall, upon conviction, be punished by a fine of not
more than One Hundred Dollars ($100.00).
D. The provisions of subsection B of this section shall not
apply if the person is using the cellular telephone or electronic
communication device:
1. In conjunction with hands-free or voice-operated technology;
or
2. For the sole purpose of communicating with any of the
following regarding an imminent emergency situation:
a.
an emergency response operator,
b.
a hospital, physician’s office, or health clinic,
c.
a provider of ambulance services,
d.
a provider of firefighting services, or
e.
a law enforcement agency.
E. Municipalities may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under the
provisions of this section. The provisions of such ordinances shall
be the same as provided for in this section; the enforcement
provisions of those ordinances shall not be more stringent than
those of this section; and the total fine and court costs for
municipal ordinance violations shall not exceed One Hundred Dollars
($100.00).
F. The Department of Public Safety shall not record or assess
points for violations of this section on any license holder’s
traffic record maintained by Service Oklahoma.
G. A law enforcement officer shall not, without the consent of
the person:
1. Confiscate a cellular telephone or electronic communication
device for the purpose of determining compliance with this section;
2. Confiscate a cellular telephone or electronic communication
device and retain it as evidence pending trial for a violation of
this section; or
3. Extract or otherwise download information from a cellular
telephone or electronic communication device for a violation of this
section unless:
a.
the law enforcement officer has probable cause to
believe that the cellular telephone or electronic
communication device has been used in the commission
of a crime,
b.
the information is extracted or otherwise downloaded
under a valid search warrant, or
c.
otherwise authorized by law.
Added by Laws 2025, c. 339, § 1, eff. Nov. 1, 2025.
§47-11-902. See the following versions:
OS 47-11-902v1 (HB 1222, Laws 2025, c. 172, § 3)
Oklahoma Statutes - Title 47. Motor Vehicles
OS 47-11-902v2 (HB 1460, Laws 2025, c. 305, § 6)
OS 47-11-902v3 (SB 54, Laws 2025, c. 347, § 1)
OS 47-11-902v4 (HB 2104, Laws 2025, c. 486, § 33)
§47-11-902.1. Renumbered as § 3-451 of Title 43A by Laws 1990, c.
265, § 77, operative July 1, 1990.
§47-11-902.2. Renumbered as § 3-452 of Title 43A by Laws 1990, c.
265, § 77, operative July 1, 1990.
§47-11-902.3. Renumbered as § 3-453 of Title 43A by Laws 1990, c.
265, § 77, operative July 1, 1990.
§47-11-902a. Allowing use of motor vehicle without ignition
interlock device.
A. No person shall knowingly authorize or permit a motor
vehicle owned or under the control of that person which is not
equipped with an ignition interlock device to be driven upon any
street or highway of this state by any person who is required to
have an ignition interlock device installed upon the vehicle of that
person.
B. No person shall willfully attempt to interfere in any way
with the intended and proper functioning of an ignition interlock
device installed in a vehicle as required by law, or intentionally
fail to return an ignition interlock device when it is no longer
required in the vehicle or upon request by the owner of the device.
C. No person granted permission to drive a motor vehicle on the
condition of installation of an ignition interlock device shall
drive any vehicle that is not equipped with an ignition interlock
device unless driving a vehicle of an employer in accordance with
subsection A of Section 6-212.3 of this title.
D. A violation of subsection A, B or C of this section shall be
a misdemeanor and shall be punishable by a fine of not more than
Five Hundred Dollars ($500.00), or by imprisonment in the county
jail for not more than six (6) months, or by both such fine and
imprisonment.
Added by Laws 1999, c. 170, § 2, eff. Nov. 1, 1999. Amended by Laws
2005, c. 167, § 3, eff. Nov. 1, 2005; Laws 2017, c. 392, § 9, eff.
Nov. 1, 2017; Laws 2019, c. 400, § 11, eff. Nov. 1, 2019.
§47-11-902b. Forfeiture of motor vehicle.
A. The district attorney may file a motion requesting
forfeiture of the motor vehicle involved in the commission of an
eligible offense as provided in this section. The provisions of
this section shall apply to:
1. Any person who has been previously convicted of an offense
under Section 11-902, 11-903, or 11-904 of this title and who on or
Oklahoma Statutes - Title 47. Motor Vehicles
after July 1, 1999, is convicted of an offense under Section 11-902,
11-903, or 11-904 of this title within ten (10) years of any prior
conviction under Section 11-902, 11-903, or 11-904 of this title and
where at least one of the offenses, current or prior, involved the
death of or serious bodily injury to another person; or
2. Any person who has been convicted of a third or subsequent
felony offense under Section 11-902 of this title.
B. A motion for forfeiture may be filed at the time of charging
but not later than thirty (30) days after the verdict or plea of
guilty or nolo contendere. If a motion of intent to forfeit is
filed prior to the verdict or plea of guilty or nolo contendere, the
proceedings shall be stayed until the disposition of the criminal
case. Notice shall be required even though the proceedings are
stayed. If the motion is filed prior to the disposition on the
criminal case, the district attorney shall notify the Oklahoma Tax
Commission and the Tax Commission shall place a lien upon the
vehicle title. No person shall sell, damage, destroy, transfer or
perfect a security interest on any vehicle subject to forfeiture.
Prior to filing a motion for forfeiture, the district attorney shall
verify whether the vehicle was sold during any period of impoundment
as provided by law. Any vehicle sold in an impound sale to pay
towing, wrecker services or storage expenses shall not be subject to
forfeiture as provided in this section.
C. Upon filing a motion for forfeiture, except when the
proceedings are stayed pursuant to subsection B of this section, the
court shall schedule a hearing on the matter. The hearing shall be
not less than twenty (20) days nor more than forty-five (45) days
from the date the motion is filed. The district attorney within
three (3) days of filing a motion of intent to forfeit shall notify
the convicted person, lienholders of record, and any person
appearing to have an ownership or security interest in the vehicle.
The notice shall contain the date, time and place of the hearing.
When a motion for forfeiture has been stayed pending disposition of
the criminal case and a verdict or plea of guilty or nolo contendere
has been entered, the district attorney shall give notice of the
forfeiture hearing not less than ten (10) days prior to the hearing.
The notice of persons specified in this subsection shall be by
certified mail to the address shown upon the records of the Oklahoma
Tax Commission. For owners or interested parties, other than
lienholders of record, whose addresses are unknown, but who are
believed to have an interest in the vehicle, notice shall be by one
publication in a newspaper of general circulation in the county
where the motion is filed. The written notice shall include:
1. A full description of the motor vehicle;
2. The date, time and place of the forfeiture hearing;
3. The legal authority under which the motor vehicle may be
forfeited; and
Oklahoma Statutes - Title 47. Motor Vehicles
4. Notice of the right to intervene to protect an interest in
the motor vehicle.
D. A forfeiture proceeding shall not extinguish any security
interest of a lienholder of record; provided, however, the court may
order the sale of the motor vehicle and the satisfaction of that
security interest from the proceeds of sale as provided in
subsection K of this section.
For purposes of a forfeiture proceeding, an affidavit obtained
from the lienholder of record, in the absence of evidence of bad
faith, shall be prima facie evidence of the amount of secured
indebtedness owed to that lienholder. It shall be the
responsibility of the district attorney to obtain such affidavit
prior to the forfeiture proceeding.
In the absence of evidence of bad faith, no lienholder of record
shall be required to attend the forfeiture proceeding to protect its
interest in the motor vehicle. However, each lienholder of record
shall be given notice of the forfeiture hearing as provided in
subsection C of this section. The district attorney shall notify
each lienholder of record at least ten (10) days before the sale of
the motor vehicle ordered forfeited pursuant to this section;
provided, the lienholder was not represented at the forfeiture
proceeding.
E. Any person having an ownership or security interest in a
vehicle subject to forfeiture which is not perfected by a lien of
record may file a written objection to the motion to forfeit within
ten (10) days of the mailing of the notice of intent to forfeit.
F. At the hearing, any person who claims an ownership or
security interest in the motor vehicle which is not perfected by a
lien of record shall be required to establish by a preponderance of
the evidence that:
1. The person has an interest in the motor vehicle and such
interest was acquired in good faith;
2. The person is not the person convicted of the offense that
resulted in the forfeiture proceeding; and
3. The person did not know or have reasonable cause to believe
that the vehicle would be used in the commission of a felony
offense.
G. If a person satisfies the requirements of subsection F of
this section, or if there is a lienholder of record that has
provided an affidavit pursuant to subsection D of this section, the
court shall order either an amount equal to the value of the
interest of that person in the motor vehicle to be paid to that
person upon sale of the motor vehicle after payment of costs and
expenses or release the vehicle from the forfeiture proceedings if
either the lienholder described in subsection D of this section or
the person intervening in accordance with subsection F of this
section has full right, title and interest in the vehicle.
Oklahoma Statutes - Title 47. Motor Vehicles
H. At the hearing, the court may order the forfeiture of the
motor vehicle if it is determined by a preponderance of the evidence
that the forfeiture of the motor vehicle will serve one or more of
the following purposes:
1. Incapacitation of the convicted person from the commission
of any future offense under Section 11-902, 11-903, or 11-904 of
this title;
2. Protection of the safety and welfare of the public;
3. Deterrence of other persons who are potential offenders
under Section 11-902, 11-903, or 11-904 of this title;
4. Expression of public condemnation of the serious or
aggravated nature of the conduct of the convicted person; or
5. Satisfaction of monetary amounts for criminal penalties.
I. Upon forfeiture of a motor vehicle pursuant to this act, the
court shall require the owner to surrender the motor vehicle, the
certificate of title, and the registration of the motor vehicle.
The vehicle, the certificate of title, and the registration shall be
delivered to the Department of Public Safety within three (3) days
of the forfeiture order. The expense of delivering the vehicle
shall be paid by the district attorney. Costs of delivering the
vehicle to the Department shall be reimbursable as costs of
conducting the sale. A motor vehicle forfeited pursuant to this
act, shall be sold by the Department of Public Safety as provided by
law for the sale of other forfeited property, except as otherwise
provided in this section.
J. If a vehicle was impounded at the time of delivery to the
Department and a forfeiture order is subsequently issued, all
towing, wrecker services, and storage expenses shall be satisfied
from the sale of the vehicle. If a vehicle is released from
forfeiture and the vehicle has been delivered to the Department with
impound expenses still owing, all impound expenses, including
towing, wrecker service and storage expenses, shall be paid by the
person prevailing on the dismissal of the forfeiture proceeding and
the release of the vehicle to such person. If a notice for sale of
the vehicle was filed for satisfaction of impound expenses prior to
the filing of a motion for forfeiture, the vehicle shall be sold as
provided by law for unpaid towing, wrecker services, and storage
expenses and shall not be subject to forfeiture. If the convicted
person redeems his or her interest in the vehicle at a sale for
impound expenses, a forfeiture proceeding may thereafter proceed as
authorized by this act. Neither the notice of sale for towing,
wrecker services, and storage expenses nor the sale of such vehicle
for impound expenses shall serve to extend the requirement for
filing a motion to forfeit as provided in subsection B of this
section.
Oklahoma Statutes - Title 47. Motor Vehicles
K. Except as provided in subsection J of this section, proceeds
from the sale of any vehicle forfeited pursuant to this act shall be
paid in the following order:
1. To satisfy the interest of any lienholder of record;
2. To the Department of Public Safety for the cost of
conducting the sale, including expense of delivery, court filing
fees, and publication expense;
3. To satisfy impound expenses, including any towing, wrecker
service and storage expenses incurred prior to delivery to the
Department of Public Safety;
4. To satisfy the interest of any person making proof as
provided in subsection F of this section;
5. To satisfy criminal penalties, costs and assessments
pursuant to paragraph 5 of subsection H of this section if so
ordered by the court;
6. To the office of the district attorney who filed the
forfeiture proceeding not exceeding twenty-five percent (25%) of any
remaining proceeds. Such payment shall be deposited in a special
fund for such purpose as determined by the district attorney's
office; and
7. The balance of the proceeds to be deposited in the Drug
Abuse Education and Treatment Revolving Fund established pursuant to
Section 2-503.2 of Title 63 of the Oklahoma Statutes for the benefit
of drug court treatment as provided by law.
L. If a motor vehicle subject to forfeiture as provided by this
act is a vehicle leased pursuant to a commercial rental agreement
for a period of ninety (90) days or less, then the vehicle shall not
be subject to the forfeiture proceedings provided by this act.
M. Upon the court dismissing a forfeiture proceeding, any lien
placed upon the vehicle title by the Oklahoma Tax Commission
pursuant to subsection B of this section shall be released.
Added by Laws 1999, c. 391, § 1, eff. July 1, 1999. Amended by Laws
2014, c. 74, § 1.
§47-11-902c. Preemption of legislation pertaining to prosecution of
offenses related to driving under the influence of alcohol or other
intoxicating substances.
A. The State Legislature hereby occupies and preempts the
entire field of legislation in this state touching in any way the
prosecution of offenses relating to driving under the influence of
alcohol or any other intoxicating substance or operating a motor
vehicle while impaired to the complete exclusion of any order,
ordinance, local legislation or regulation by any municipality or
other political subdivision of this state.
B. No municipality or other political subdivision shall
prosecute any laws or ordinances relating to the offense of driving
under the influence of alcohol or any other intoxicating substance
Oklahoma Statutes - Title 47. Motor Vehicles
or operating a motor vehicle while impaired. Any existing or future
orders, ordinances, local legislation or regulations in violation of
this section is void and unenforceable.
C. The preemption provisions of this section shall not apply to
prosecutions in municipal criminal courts of record for offenses
relating to driving under the influence of alcohol or any other
intoxicating substance or operating a motor vehicle while impaired.
Nothing in this section shall prohibit a municipality from
establishing a municipal criminal court of record pursuant to the
provisions of Section 28-101 of Title 11 of the Oklahoma Statutes.
Added by Laws 2016, c. 172, § 7, eff. Nov. 1, 2016.
§47-11-902d. Impaired driver database - Oklahoma Impaired Driver
Database Revolving Fund.
A. The Commissioner of the Department of Public Safety is
hereby authorized to oversee the creation, development and
implementation of a statewide impaired driver database with
assistance from the Office of Management and Enterprise Services
subject to fiscal limitations and the availability of federal funds.
B. In any case in which a person is arrested for driving under
the influence of alcohol or any other intoxicating substance, an
impaired driver arrest report shall be completed by the law
enforcement officer that made the arrest and shall be entered into
the impaired driver database. The Commissioner shall prescribe the
form and format of the impaired driver arrest report.
C. There is hereby created in the State Treasury a revolving
fund for the Department of Public Safety to be designated the
"Oklahoma Impaired Driver Database Revolving Fund". The fund shall
be a continuing fund, not subject to fiscal year limitations. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the Department for the exclusive
purpose of implementing, developing, administering and maintaining
an impaired driver database. Expenditures from the funds shall be
made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
Added by Laws 2016, c. 172, § 8, eff. Nov. 1, 2016.
§47-11-902v1. Persons under the influence of alcohol or other
intoxicating substance or combination thereof — Penalty —
Enhancement.
A. It is unlawful and punishable as provided in this section
for any person to drive, operate, or be in actual physical control
of a motor vehicle within this state, whether upon public roads,
highways, streets, turnpikes, other public places or upon any
private road, street, alley or lane which provides access to one or
more single or multi-family dwellings, who:
Oklahoma Statutes - Title 47. Motor Vehicles
1. Has a blood or breath alcohol concentration, as defined in
Section 756 of this title, of eight-hundredths (0.08) or more at the
time of a test of such person's blood or breath administered within
two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled
substance, as defined in Section 2-204 of Title 63 of the Oklahoma
Statutes, or one of its metabolites or analogs in the person's
blood, saliva, urine or any other bodily fluid at the time of a test
of such person's blood, saliva, urine or any other bodily fluid
administered within two (2) hours after the arrest of such person;
4. Is under the influence of any intoxicating substance other
than alcohol which may render such person incapable of safely
driving or operating a motor vehicle. The timing requirement for
the administration of tests pursuant to Section 756 of this title
shall not apply to this paragraph; or
5. Is under the combined influence of alcohol and any other
intoxicating substance which may render such person incapable of
safely driving or operating a motor vehicle. The timing requirement
for the administration of tests pursuant to Section 756 of this
title shall not apply to this paragraph.
B. The fact that any person charged with a violation of this
section is or has been lawfully entitled to use alcohol or a
controlled dangerous substance or any other intoxicating substance
shall not constitute a defense against any charge of violating this
section.
C. 1. Any person who is convicted of a violation of the
provisions of this section shall be guilty of a misdemeanor for the
first offense and shall:
a.
participate in an assessment and evaluation pursuant
to subsection G of this section and shall follow all
recommendations made in the assessment and evaluation,
b.
be punished by imprisonment in jail for not less than
ten (10) days nor more than one (1) year, and
c.
be fined not more than One Thousand Dollars
($1,000.00).
2. Any person who, having been convicted of or having received
deferred judgment for a violation of this section or a violation
pursuant to the provisions of any law of this state or another state
prohibiting the offenses provided in this section, Section 11-904 of
this title or paragraph 4 of subsection A of Section 852.1 of Title
21 of the Oklahoma Statutes, or having a prior conviction in a
municipal criminal court of record for the violation of a municipal
ordinance prohibiting the offense provided for in this section
commits a subsequent violation of this section within ten (10) years
of the date following the completion of the execution of said
sentence or deferred judgment shall, upon conviction, be guilty of a
Oklahoma Statutes - Title 47. Motor Vehicles
felony and shall participate in an assessment and evaluation
pursuant to subsection G of this section and shall be sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
or
b.
placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed five (5) years and a fine of not more than Two
Thousand Five Hundred Dollars ($2,500.00), or
c.
treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the treatment in subsection G of this section does
not include residential or inpatient treatment for a period of not
less than five (5) days, the person shall serve a term of
imprisonment of at least five (5) days.
3. Any person who commits a violation of this section after
having been convicted of a felony offense pursuant to the provisions
of this section or a violation pursuant to the provisions of any law
of this state or another state prohibiting the offenses provided for
in this section, Section 11-904 of this title or paragraph 4 of
subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
shall be guilty of a felony and participate in an assessment and
evaluation pursuant to subsection G of this section and shall be
sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
two hundred forty (240) hours of community service and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, or
b.
placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed ten (10) years and a fine of not more than Five
Thousand Dollars ($5,000.00), or
c.
treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the treatment in subsection G of this section does
not include residential or inpatient treatment for a period of not
less than ten (10) days, the person shall serve a term of
imprisonment of at least ten (10) days.
4. Any person who commits a violation of this section after
having been twice convicted of a felony offense pursuant to the
provisions of this section or a violation pursuant to the provisions
of any law of this state or another state prohibiting the offenses
provided for in this section, Section 11-904 of this title or
Oklahoma Statutes - Title 47. Motor Vehicles
paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes shall be guilty of a felony and participate in an
assessment and evaluation pursuant to subsection G of this section
and shall be sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
followed by not less than one (1) year of supervision
and periodic testing at the defendant's expense, four
hundred eighty (480) hours of community service, and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, for
a minimum of thirty (30) days, or
b.
placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed twenty (20) years and a fine of not more than
Five Thousand Dollars ($5,000.00), or
c.
treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the person does not undergo residential or inpatient
treatment pursuant to subsection G of this section the person shall
serve a term of imprisonment of at least ten (10) days.
5. Any person who, after a previous conviction of a violation
of murder in the second degree or manslaughter in the first degree
in which the death was caused as a result of driving under the
influence of alcohol or other intoxicating substance, is convicted
of a violation of this section shall be guilty of a felony and shall
be punished by imprisonment in the custody of the Department of
Corrections for not less than five (5) years and not to exceed
twenty (20) years, and a fine of not more than Ten Thousand Dollars
($10,000.00).
6. Provided, however, a conviction from another state shall not
be used to enhance punishment pursuant to the provisions of this
subsection if that conviction is based on a blood or breath alcohol
concentration of less than eight-hundredths (0.08).
7. In any case in which a defendant is charged with driving
under the influence of alcohol or other intoxicating substance
offense within any municipality with a municipal court other than a
court of record, the charge shall be presented to the county's
district attorney and filed with the district court of the county
within which the municipality is located.
D. Any person who is convicted of a violation of driving under
the influence with a blood or breath alcohol concentration of
fifteen-hundredths (0.15) or more pursuant to this section shall be
deemed guilty of aggravated driving under the influence. A person
convicted of aggravated driving under the influence shall
Oklahoma Statutes - Title 47. Motor Vehicles
participate in an assessment and evaluation pursuant to subsection G
of this section and shall comply with all recommendations for
treatment. Such person shall be sentenced as provided in paragraph
1, 2, 3, 4 or 5 of subsection C of this section and to:
1. Not less than one (1) year of supervision and periodic
testing at the defendant's expense; and
2. An ignition interlock device or devices, as provided by
subparagraph n of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes, for a minimum of ninety (90)
days.
E. When a person is sentenced to imprisonment in the custody of
the Department of Corrections, the person shall be processed through
the Lexington Assessment and Reception Center or at a place
determined by the Director of the Department of Corrections. The
Department of Corrections shall classify and assign the person to
one or more of the following:
1. The Department of Mental Health and Substance Abuse Services
pursuant to paragraph 1 of subsection A of Section 612 of Title 57
of the Oklahoma Statutes; or
2. A correctional facility operated by the Department of
Corrections with assignment to substance abuse treatment.
Successful completion of a Department-of-Corrections-approved
substance abuse treatment program shall satisfy the recommendation
for a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or treatment program or both. Successful completion of an
approved Department of Corrections substance abuse treatment program
may precede or follow the required assessment.
F. The Department of Public Safety is hereby authorized to
reinstate any suspended or revoked driving privilege when the person
meets the statutory requirements which affect the existing driving
privilege.
G. Any person who is found guilty of a violation of the
provisions of this section shall be ordered to participate in an
alcohol and drug substance abuse evaluation and assessment program
offered by a certified assessment agency or certified assessor for
the purpose of evaluating and assessing the receptivity to treatment
and prognosis of the person and shall follow all recommendations
made in the assessment and evaluation for treatment. The court
shall order the person to reimburse the agency or assessor for the
evaluation and assessment. Payment shall be remitted by the
defendant or on behalf of the defendant by any third party;
provided, no state-appropriated funds are utilized. The fee for an
evaluation and assessment shall be the amount provided in subsection
C of Section 3-460 of Title 43A of the Oklahoma Statutes. The
evaluation and assessment shall be conducted at a certified
assessment agency, the office of a certified assessor or at another
location as ordered by the court. The agency or assessor shall,
Oklahoma Statutes - Title 47. Motor Vehicles
within seventy-two (72) hours from the time the person is evaluated
and assessed, submit a written report to the court for the purpose
of assisting the court in its sentencing determination. The court
shall, as a condition of any sentence imposed, including deferred
and suspended sentences, require the person to participate in and
successfully complete all recommendations from the evaluation, such
as an alcohol and substance abuse treatment program pursuant to
Section 3-452 of Title 43A of the Oklahoma Statutes. If such report
indicates that the evaluation and assessment shows that the
defendant would benefit from a ten-hour or twenty-four-hour alcohol
and drug substance abuse course or a treatment program or both, the
court shall, as a condition of any sentence imposed, including
deferred and suspended sentences, require the person to follow all
recommendations identified by the evaluation and assessment and
ordered by the court. No person, agency or facility operating an
evaluation and assessment program certified by the Department of
Mental Health and Substance Abuse Services shall solicit or refer
any person evaluated and assessed pursuant to this section for any
treatment program or substance abuse service in which such person,
agency or facility has a vested interest; however, this provision
shall not be construed to prohibit the court from ordering
participation in or any person from voluntarily utilizing a
treatment program or substance abuse service offered by such person,
agency or facility. If a person is sentenced to imprisonment in the
custody of the Department of Corrections and the court has received
a written evaluation report pursuant to the provisions of this
subsection, the report shall be furnished to the Department of
Corrections with the judgment and sentence. Any evaluation and
assessment report submitted to the court pursuant to the provisions
of this subsection shall be handled in a manner which will keep such
report confidential from the general public's review. Nothing
contained in this subsection shall be construed to prohibit the
court from ordering judgment and sentence in the event the defendant
fails or refuses to comply with an order of the court to obtain the
evaluation and assessment required by this subsection. If the
defendant fails or refuses to comply with an order of the court to
obtain the evaluation and assessment, the Department of Public
Safety shall not reinstate driving privileges until the defendant
has complied in full with such order. Nothing contained in this
subsection shall be construed to prohibit the court from ordering
judgment and sentence and any other sanction authorized by law for
failure or refusal to comply with an order of the court.
H. Any person who is found guilty of a violation of the
provisions of this section shall be required by the court to attend
a victims impact panel program, as defined in subsection H of
Section 991a of Title 22 of the Oklahoma Statutes, if such a program
is offered in the county where the judgment is rendered, and to pay
Oklahoma Statutes - Title 47. Motor Vehicles
a fee of Seventy-five Dollars ($75.00), as set by the governing
authority of the program and approved by the court, to the program
to offset the cost of participation by the defendant, if in the
opinion of the court the defendant has the ability to pay such fee.
I. Any person who is found guilty of a felony violation of the
provisions of this section shall be required to submit to electronic
monitoring as authorized and defined by Section 991a of Title 22 of
the Oklahoma Statutes.
J. Any person who is found guilty of a violation of the
provisions of this section who has been sentenced by the court to
perform any type of community service shall not be permitted to pay
a fine in lieu of performing the community service.
K. When a person is found guilty of a violation of the
provisions of this section, the court shall order, in addition to
any other penalty, the defendant to pay a one-hundred-dollar
assessment to be deposited in the Drug Abuse Education and Treatment
Revolving Fund created in Section 2-503.2 of Title 63 of the
Oklahoma Statutes, upon collection.
L. 1. When a person is eighteen (18) years of age or older,
and is the driver, operator, or person in physical control of a
vehicle, and is convicted of violating any provision of this section
while transporting or having in the motor vehicle any child less
than eighteen (18) years of age, the fine shall be enhanced to
double the amount of the fine imposed for the underlying driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this section.
2. Nothing in this subsection shall prohibit the prosecution of
a person pursuant to Section 852.1 of Title 21 of the Oklahoma
Statutes who is in violation of any provision of this section or
Section 11-904 of this title.
M. Any plea of guilty, nolo contendere or finding of guilt for
a violation of this section or a violation pursuant to the
provisions of any law of this state or another state prohibiting the
offenses provided for in this section, Section 11-904 of this title,
or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes, shall constitute a conviction of the offense for
the purpose of this section; provided, any deferred judgment shall
only be considered to constitute a conviction for a period of ten
(10) years following the completion of any court-imposed
probationary term.
N. If qualified by knowledge, skill, experience, training or
education, a witness shall be allowed to testify in the form of an
opinion or otherwise solely on the issue of impairment, but not on
the issue of specific alcohol concentration level, relating to the
following:
1. The results of any standardized field sobriety test
including, but not limited to, the horizontal gaze nystagmus (HGN)
Oklahoma Statutes - Title 47. Motor Vehicles
test administered by a person who has completed training in
standardized field sobriety testing; or
2. Whether a person was under the influence of one or more
impairing substances and the category of such impairing substance or
substances. A witness who has received training and holds a current
certification as a drug recognition expert shall be qualified to
give the testimony in any case in which such testimony may be
relevant.
Added by Laws 1961, p. 386, § 11-902, eff. Sept. 1, 1961. Amended
by Laws 1967, c. 58, § 1, emerg. eff. April 17, 1967; Laws 1971, c.
153, § 1; Laws 1978, c. 108, § 1; Laws 1982, c. 294, § 9, operative
July 1, 1982; Laws 1983, c. 119, § 1, emerg. eff. May 17, 1983; Laws
1984, c. 254, § 5, eff. Nov. 1, 1984; Laws 1985, c. 338, § 6, eff.
Nov. 1, 1985; Laws 1986, c. 279, § 21, operative July 1, 1986; Laws
1988, c. 242, § 9, eff. Nov. 1, 1988; Laws 1990, c. 51, § 109,
emerg. eff. April 9, 1990; Laws 1992, c. 382, § 7, emerg. eff. June
9, 1992; Laws 1993, c. 276, § 13, emerg. eff. May 27, 1993; Laws
1994, c. 387, § 5, eff. July 1, 1995; Laws 1995, c. 1, § 17, emerg.
eff. March 2, 1995; Laws 1995, c. 313, § 3, eff. July 1, 1995; Laws
1997, c. 133, § 481, eff. July 1, 1999; Laws 1997, c. 420, § 5, eff.
July 1, 1999; Laws 1998, c. 89, § 3, eff. July 1, 1998; Laws 1999,
c. 106, § 5, emerg. eff. April 19, 1999; Laws 1999, c. 170, § 1,
eff. Nov. 1, 1999; Laws 1999, c. 395, § 1, eff. Nov. 1, 1999; Laws
2000, c. 6, § 11, emerg. eff. March 20, 2000; Laws 2000, c. 285, §
3, eff. July 1, 2000; Laws 2000, 1st Ex. Sess., c. 8, § 20, eff.
July 1, 2000; Laws 2001, c. 437, § 23, eff. July 1, 2001; Laws 2002,
c. 460, § 33, eff. Nov. 1, 2002; Laws 2003, c. 3, § 38, emerg. eff.
March 19, 2003; Laws 2003, c. 178, § 3, eff. July 1, 2003; Laws
2003, c. 437, § 1, eff. July 1, 2003; Laws 2004, c. 548, § 1, emerg.
eff. June 9, 2004; Laws 2005, c. 1, § 54, emerg. eff. March 15,
2005; Laws 2005, c. 189, § 1, eff. Nov. 1, 2005; Laws 2006, c. 16, §
29, emerg. eff. March 29, 2006; Laws 2009, c. 143, § 2, eff. July 1,
2009; Laws 2009, c. 310, § 3, eff. Nov. 1, 2009; Laws 2011, c. 350,
§ 3, eff. Nov. 1, 2011; Laws 2012, c. 11, § 13, emerg. eff. April 4,
2012; Laws 2013, c. 157, § 2, eff. Nov. 1, 2013; Laws 2013, c. 393,
§ 3, eff. Oct. 1, 2013; Laws 2016, c. 196, § 1, eff. Nov. 1, 2016;
Laws 2017, c. 42, § 18; Laws 2018, c. 35, § 1, eff. Nov. 1, 2018 and
Laws 2018, c. 61, § 1, emerg. eff. April 23, 2018; Laws 2020, c. 46,
§ 3, eff. Sept. 1, 2020; Laws 2025, c. 172, § 3, eff. Nov. 1, 2025.
NOTE: Laws 1994, c. 308, § 3 and Laws 1994, c. 314, § 2 repealed by
Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 1997, c.
420, § 4, as amended by Laws 1999, c. 106, § 4 repealed by Laws
1999, 1st Ex. Sess., c. 5, § 452, eff. July 1, 1999. Laws 1999, c.
308, § 1 and Laws 1999, c. 391, § 2 repealed by Laws 2000, c. 6, §
33, emerg. eff. March 20, 2000. Laws 2000, c. 368, § 1 repealed by
Laws 2000, 1st Ex. Sess., c. 8, § 34, eff. July 1, 2000. Laws 2001,
c. 435, § 10 repealed by Laws 2002, c. 442, § 2, emerg. eff. June 5,
Oklahoma Statutes - Title 47. Motor Vehicles
2002. Laws 2002, c. 442, § 1 repealed by Laws 2003, c. 3, § 39,
emerg. eff. March 19, 2003. Laws 2004, c. 418, § 15 repealed by
Laws 2005, c. 1, § 55, emerg. eff. March 15, 2005. Laws 2005, c.
167, § 2 repealed by Laws 2006, c. 16, § 30, emerg. eff. March 29,
2006. Laws 2011, c. 373, § 6 repealed by Laws 2012, c. 11, § 14,
emerg. eff. April 4, 2012; Laws 2013, c. 175, § 3 repealed by Laws
2013, c. 393, § 5, eff. Oct. 1, 2013. Laws 2016, c. 172, § 6
repealed by Laws 2017, c. 42, § 19.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 481 from July 1, 1998 to July 1, 1999.
Laws 1998, 1st Ex. Sess., c. 2, § 26 amended the effective date of
Laws 1997, c. 420, § 5 from July 1, 1998 to July 1, 1999
NOTE: Laws 2018, c. 35, § 1 and Laws 2018, c. 61, § 1 made
identical amendments to this section.
§47-11-902v2. Persons under the influence of alcohol or other
intoxicating substance or combination thereof — Penalty —
Enhancement.
A. It is unlawful and punishable as provided in this section
for any person to drive, operate, or be in actual physical control
of a motor vehicle within this state, whether upon public roads,
highways, streets, turnpikes, other public places or upon any
private road, street, alley or lane which provides access to one or
more single or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in
Section 756 of this title, of eight-hundredths (0.08) or more at the
time of a test of such person’s blood or breath administered within
two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled
substance, as defined in Section 2-204 of Title 63 of the Oklahoma
Statutes, or one of its metabolites or analogs in the person’s
blood, saliva, urine or any other bodily fluid at the time of a test
of such person’s blood, saliva, urine or any other bodily fluid
administered within two (2) hours after the arrest of such person;
4. Is under the influence of any intoxicating substance other
than alcohol which may render such person incapable of safely
driving or operating a motor vehicle; or
5. Is under the combined influence of alcohol and any other
intoxicating substance which may render such person incapable of
safely driving or operating a motor vehicle.
B. The fact that any person charged with a violation of this
section is or has been lawfully entitled to use alcohol or a
controlled dangerous substance or any other intoxicating substance
shall not constitute a defense against any charge of violating this
section.
Oklahoma Statutes - Title 47. Motor Vehicles
C. 1. Any person who is convicted of a violation of the
provisions of this section shall be guilty of a misdemeanor for the
first offense and shall:
a.
participate in an assessment and evaluation pursuant
to subsection G of this section and shall follow all
recommendations made in the assessment and evaluation,
b.
be punished by imprisonment in jail for not less than
ten (10) days nor more than one (1) year, and
c.
be fined not more than One Thousand Dollars
($1,000.00).
2. Any person who, having been convicted of or having received
deferred judgment for a violation of this section or a violation
pursuant to the provisions of any law of this state or another state
prohibiting the offenses provided in this section, Section 11-904 of
this title or paragraph 4 of subsection A of Section 852.1 of Title
21 of the Oklahoma Statutes, or having a prior conviction in a
municipal criminal court of record for the violation of a municipal
ordinance prohibiting the offense provided for in this section
commits a subsequent violation of this section within ten (10) years
of the date following the completion of the execution of said
sentence or deferred judgment shall, upon conviction, be guilty of a
felony and shall participate in an assessment and evaluation
pursuant to subsection G of this section and shall be sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant’s expense,
b.
placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed five (5) years and a fine of not more than Two
Thousand Five Hundred Dollars ($2,500.00), or
c.
treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the treatment in subsection G of this section does
not include residential or inpatient treatment for a period of not
less than five (5) days, the person shall serve a term of
imprisonment of at least five (5) days.
3. Any person who commits a violation of this section after
having been convicted of a felony offense pursuant to the provisions
of this section or a violation pursuant to the provisions of any law
of this state or another state prohibiting the offenses provided for
in this section, Section 11-904 of this title or paragraph 4 of
subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
shall be guilty of a felony and participate in an assessment and
evaluation pursuant to subsection G of this section and shall be
sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant’s expense,
Oklahoma Statutes - Title 47. Motor Vehicles
two hundred forty (240) hours of community service and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes,
b.
placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed ten (10) years and a fine of not more than Five
Thousand Dollars ($5,000.00), or
c.
treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the treatment in subsection G of this section does
not include residential or inpatient treatment for a period of not
less than ten (10) days, the person shall serve a term of
imprisonment of at least ten (10) days.
4. Any person who commits a violation of this section after
having been twice convicted of a felony offense pursuant to the
provisions of this section or a violation pursuant to the provisions
of any law of this state or another state prohibiting the offenses
provided for in this section, Section 11-904 of this title or
paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes shall be guilty of a felony and participate in an
assessment and evaluation pursuant to subsection G of this section
and shall be sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant’s expense,
followed by not less than one (1) year of supervision
and periodic testing at the defendant’s expense, four
hundred eighty (480) hours of community service, and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, for
a minimum of thirty (30) days,
b.
placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed twenty (20) years and a fine of not more than
Five Thousand Dollars ($5,000.00), or
c.
treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the person does not undergo residential or inpatient
treatment pursuant to subsection G of this section the person shall
serve a term of imprisonment of at least ten (10) days.
5. Any person who, after a previous conviction of a violation
of murder in the second degree or manslaughter in the first degree
in which the death was caused as a result of driving under the
influence of alcohol or other intoxicating substance, is convicted
Oklahoma Statutes - Title 47. Motor Vehicles
of a violation of this section shall be guilty of a felony and shall
be punished by imprisonment in the custody of the Department of
Corrections for not less than five (5) years and not to exceed
twenty (20) years, and a fine of not more than Ten Thousand Dollars
($10,000.00).
6. Provided, however, a conviction from another state shall not
be used to enhance punishment pursuant to the provisions of this
subsection if that conviction is based on a blood or breath alcohol
concentration of less than eight-hundredths (0.08).
7. In any case in which a defendant is charged with driving
under the influence of alcohol or other intoxicating substance
offense within any municipality with a municipal court other than a
court of record, the charge shall be presented to the county’s
district attorney and filed with the district court of the county
within which the municipality is located.
D. Any person who is convicted of a violation of driving under
the influence with a blood or breath alcohol concentration of
fifteen-hundredths (0.15) or more pursuant to this section shall be
deemed guilty of aggravated driving under the influence. A person
convicted of aggravated driving under the influence shall
participate in an assessment and evaluation pursuant to subsection G
of this section and shall comply with all recommendations for
treatment. Such person shall be sentenced as provided in paragraph
1, 2, 3, 4 or 5 of subsection C of this section and to:
1. Not less than one (1) year of supervision and periodic
testing at the defendant’s expense; and
2. An ignition interlock device or devices, as provided by
subparagraph n of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes, for a minimum of ninety (90)
days.
E. When a person is sentenced to imprisonment in the custody of
the Department of Corrections, the person shall be processed through
the Lexington Assessment and Reception Center or at a place
determined by the Director of the Department of Corrections. The
Department of Corrections shall classify and assign the person to
one or more of the following:
1. The Department of Mental Health and Substance Abuse Services
pursuant to paragraph 1 of subsection A of Section 612 of Title 57
of the Oklahoma Statutes; or
2. A correctional facility operated by the Department of
Corrections with assignment to substance abuse treatment.
Successful completion of a Department-of-Corrections-approved
substance abuse treatment program shall satisfy the recommendation
for a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or treatment program or both. Successful completion of an
approved Department of Corrections substance abuse treatment program
may precede or follow the required assessment.
Oklahoma Statutes - Title 47. Motor Vehicles
F. The Department of Public Safety is hereby authorized to
reinstate any suspended or revoked driving privilege when the person
meets the statutory requirements which affect the existing driving
privilege.
G. Any person who is found guilty of a violation of the
provisions of this section shall be ordered to participate in an
alcohol and drug substance abuse evaluation and assessment program
offered by a certified assessment agency or certified assessor for
the purpose of evaluating and assessing the receptivity to treatment
and prognosis of the person and shall follow all recommendations
made in the assessment and evaluation for treatment. The court
shall order the person to reimburse the agency or assessor for the
evaluation and assessment. Payment shall be remitted by the
defendant or on behalf of the defendant by any third party;
provided, no state-appropriated funds are utilized. The fee for an
evaluation and assessment shall be the amount provided in subsection
C of Section 3-460 of Title 43A of the Oklahoma Statutes. The
evaluation and assessment shall be conducted at a certified
assessment agency, the office of a certified assessor or at another
location as ordered by the court. The agency or assessor shall,
within seventy-two (72) hours from the time the person is evaluated
and assessed, submit a written report to the court for the purpose
of assisting the court in its sentencing determination. The court
shall, as a condition of any sentence imposed, including deferred
and suspended sentences, require the person to participate in and
successfully complete all recommendations from the evaluation, such
as an alcohol and substance abuse treatment program pursuant to
Section 3-452 of Title 43A of the Oklahoma Statutes. If such report
indicates that the evaluation and assessment shows that the
defendant would benefit from a ten-hour or twenty-four-hour alcohol
and drug substance abuse course or a treatment program or both, the
court shall, as a condition of any sentence imposed, including
deferred and suspended sentences, require the person to follow all
recommendations identified by the evaluation and assessment and
ordered by the court. No person, agency or facility operating an
evaluation and assessment program certified by the Department of
Mental Health and Substance Abuse Services shall solicit or refer
any person evaluated and assessed pursuant to this section for any
treatment program or substance abuse service in which such person,
agency or facility has a vested interest; however, this provision
shall not be construed to prohibit the court from ordering
participation in or any person from voluntarily utilizing a
treatment program or substance abuse service offered by such person,
agency or facility. If a person is sentenced to imprisonment in the
custody of the Department of Corrections and the court has received
a written evaluation report pursuant to the provisions of this
subsection, the report shall be furnished to the Department of
Oklahoma Statutes - Title 47. Motor Vehicles
Corrections with the judgment and sentence. Any evaluation and
assessment report submitted to the court pursuant to the provisions
of this subsection shall be handled in a manner which will keep such
report confidential from the general public’s review. Nothing
contained in this subsection shall be construed to prohibit the
court from ordering judgment and sentence in the event the defendant
fails or refuses to comply with an order of the court to obtain the
evaluation and assessment required by this subsection. If the
defendant fails or refuses to comply with an order of the court to
obtain the evaluation and assessment, the Department of Public
Safety shall not reinstate driving privileges until the defendant
has complied in full with such order. Nothing contained in this
subsection shall be construed to prohibit the court from ordering
judgment and sentence and any other sanction authorized by law for
failure or refusal to comply with an order of the court.
H. Any person who is found guilty of a violation of the
provisions of this section shall be required by the court to attend
a victims impact panel program, as defined in subsection H of
Section 991a of Title 22 of the Oklahoma Statutes, if such a program
is offered in the county where the judgment is rendered, and to pay
a fee of Seventy-five Dollars ($75.00), as set by the governing
authority of the program and approved by the court, to the program
to offset the cost of participation by the defendant, if in the
opinion of the court the defendant has the ability to pay such fee.
I. Any person who is found guilty of a felony violation of the
provisions of this section shall be required to submit to electronic
monitoring as authorized and defined by Section 991a of Title 22 of
the Oklahoma Statutes.
J. Any person who is found guilty of a violation of the
provisions of this section who has been sentenced by the court to
perform any type of community service shall not be permitted to pay
a fine in lieu of performing the community service.
K. 1. When a person is eighteen (18) years of age or older,
and is the driver, operator, or person in physical control of a
vehicle, and is convicted of violating any provision of this section
while transporting or having in the motor vehicle any child less
than eighteen (18) years of age, the fine shall be enhanced to
double the amount of the fine imposed for the underlying driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this section.
2. Nothing in this subsection shall prohibit the prosecution of
a person pursuant to Section 852.1 of Title 21 of the Oklahoma
Statutes who is in violation of any provision of this section or
Section 11-904 of this title.
L. Any plea of guilty, nolo contendere or finding of guilt for
a violation of this section or a violation pursuant to the
provisions of any law of this state or another state prohibiting the
Oklahoma Statutes - Title 47. Motor Vehicles
offenses provided for in this section, Section 11-904 of this title,
or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes, shall constitute a conviction of the offense for
the purpose of this section; provided, any deferred judgment shall
only be considered to constitute a conviction for a period of ten
(10) years following the completion of any court-imposed
probationary term.
M. If qualified by knowledge, skill, experience, training or
education, a witness shall be allowed to testify in the form of an
opinion or otherwise solely on the issue of impairment, but not on
the issue of specific alcohol concentration level, relating to the
following:
1. The results of any standardized field sobriety test
including, but not limited to, the horizontal gaze nystagmus (HGN)
test administered by a person who has completed training in
standardized field sobriety testing; or
2. Whether a person was under the influence of one or more
impairing substances and the category of such impairing substance or
substances. A witness who has received training and holds a current
certification as a drug recognition expert shall be qualified to
give the testimony in any case in which such testimony may be
relevant.
Added by Laws 1961, p. 386, § 11-902, eff. Sept. 1, 1961. Amended
by Laws 1967, c. 58, § 1, emerg. eff. April 17, 1967; Laws 1971, c.
153, § 1; Laws 1978, c. 108, § 1; Laws 1982, c. 294, § 9, operative
July 1, 1982; Laws 1983, c. 119, § 1, emerg. eff. May 17, 1983; Laws
1984, c. 254, § 5, eff. Nov. 1, 1984; Laws 1985, c. 338, § 6, eff.
Nov. 1, 1985; Laws 1986, c. 279, § 21, operative July 1, 1986; Laws
1988, c. 242, § 9, eff. Nov. 1, 1988; Laws 1990, c. 51, § 109,
emerg. eff. April 9, 1990; Laws 1992, c. 382, § 7, emerg. eff. June
9, 1992; Laws 1993, c. 276, § 13, emerg. eff. May 27, 1993; Laws
1994, c. 387, § 5, eff. July 1, 1995; Laws 1995, c. 1, § 17, emerg.
eff. March 2, 1995; Laws 1995, c. 313, § 3, eff. July 1, 1995; Laws
1997, c. 133, § 481, eff. July 1, 1999; Laws 1997, c. 420, § 5, eff.
July 1, 1999; Laws 1998, c. 89, § 3, eff. July 1, 1998; Laws 1999,
c. 106, § 5, emerg. eff. April 19, 1999; Laws 1999, c. 170, § 1,
eff. Nov. 1, 1999; Laws 1999, c. 395, § 1, eff. Nov. 1, 1999; Laws
2000, c. 6, § 11, emerg. eff. March 20, 2000; Laws 2000, c. 285, §
3, eff. July 1, 2000; Laws 2000, 1st Ex. Sess., c. 8, § 20, eff.
July 1, 2000; Laws 2001, c. 437, § 23, eff. July 1, 2001; Laws 2002,
c. 460, § 33, eff. Nov. 1, 2002; Laws 2003, c. 3, § 38, emerg. eff.
March 19, 2003; Laws 2003, c. 178, § 3, eff. July 1, 2003; Laws
2003, c. 437, § 1, eff. July 1, 2003; Laws 2004, c. 548, § 1, emerg.
eff. June 9, 2004; Laws 2005, c. 1, § 54, emerg. eff. March 15,
2005; Laws 2005, c. 189, § 1, eff. Nov. 1, 2005; Laws 2006, c. 16, §
29, emerg. eff. March 29, 2006; Laws 2009, c. 143, § 2, eff. July 1,
2009; Laws 2009, c. 310, § 3, eff. Nov. 1, 2009; Laws 2011, c. 350,
Oklahoma Statutes - Title 47. Motor Vehicles
§ 3, eff. Nov. 1, 2011; Laws 2012, c. 11, § 13, emerg. eff. April 4,
2012; Laws 2013, c. 157, § 2, eff. Nov. 1, 2013; Laws 2013, c. 393,
§ 3, eff. Oct. 1, 2013; Laws 2016, c. 196, § 1, eff. Nov. 1, 2016;
Laws 2017, c. 42, § 18; Laws 2018, c. 35, § 1, eff. Nov. 1, 2018 and
Laws 2018, c. 61, § 1, emerg. eff. April 23, 2018; Laws 2020, c. 46,
§ 3, eff. Sept. 1, 2020; Laws 2025, c. 305, § 6, eff. Nov. 1, 2025.
NOTE: Laws 1994, c. 308, § 3 and Laws 1994, c. 314, § 2 repealed by
Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 1997, c.
420, § 4, as amended by Laws 1999, c. 106, § 4 repealed by Laws
1999, 1st Ex. Sess., c. 5, § 452, eff. July 1, 1999. Laws 1999, c.
308, § 1 and Laws 1999, c. 391, § 2 repealed by Laws 2000, c. 6, §
33, emerg. eff. March 20, 2000. Laws 2000, c. 368, § 1 repealed by
Laws 2000, 1st Ex. Sess., c. 8, § 34, eff. July 1, 2000. Laws 2001,
c. 435, § 10 repealed by Laws 2002, c. 442, § 2, emerg. eff. June 5,
2002. Laws 2002, c. 442, § 1 repealed by Laws 2003, c. 3, § 39,
emerg. eff. March 19, 2003. Laws 2004, c. 418, § 15 repealed by
Laws 2005, c. 1, § 55, emerg. eff. March 15, 2005. Laws 2005, c.
167, § 2 repealed by Laws 2006, c. 16, § 30, emerg. eff. March 29,
2006. Laws 2011, c. 373, § 6 repealed by Laws 2012, c. 11, § 14,
emerg. eff. April 4, 2012; Laws 2013, c. 175, § 3 repealed by Laws
2013, c. 393, § 5, eff. Oct. 1, 2013. Laws 2016, c. 172, § 6
repealed by Laws 2017, c. 42, § 19.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 481 from July 1, 1998 to July 1, 1999.
Laws 1998, 1st Ex. Sess., c. 2, § 26 amended the effective date of
Laws 1997, c. 420, § 5 from July 1, 1998 to July 1, 1999.
NOTE: Laws 2018, c. 35, § 1 and Laws 2018, c. 61, § 1 made
identical amendments to this section.
§47-11-902v3. Persons under the influence of alcohol or other
intoxicating substance or combination thereof — Penalty —
Enhancement.
A. It is unlawful and punishable as provided for in this
section for any person to drive, operate, or be in actual physical
control of a motor vehicle within this state, whether upon public
roads, highways, streets, turnpikes, other public places or upon any
private road, street, alley, or lane which provides access to one or
more single or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in
Section 756 of this title, of eight-hundredths (0.08) or more at the
time of a test of such person’s blood or breath;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled
substance, as defined in Section 2-204 of Title 63 of the Oklahoma
Statutes, or one of its metabolites or analogs in the person’s
blood, saliva, urine, or any other bodily fluid at the time of a
Oklahoma Statutes - Title 47. Motor Vehicles
test of such person’s blood, saliva, urine, or any other bodily
fluid;
4. Is under the influence of any intoxicating substance other
than alcohol which may render such person incapable of safely
driving or operating a motor vehicle; or
5. Is under the combined influence of alcohol and any other
intoxicating substance which may render such person incapable of
safely driving or operating a motor vehicle.
B. The fact that any person charged with a violation of this
section is or has been lawfully entitled to use alcohol or a
controlled dangerous substance or any other intoxicating substance
shall not constitute a defense against any charge of violating this
section.
C. 1. Any person who is convicted of a violation of the
provisions of this section shall be guilty of a misdemeanor for the
first offense and shall:
a.
participate in an assessment and evaluation pursuant
to subsection H of this section and shall follow all
recommendations made in the assessment and evaluation,
b.
be punished by imprisonment in jail for not less than
ten (10) days nor more than one (1) year, and
c.
be fined not more than One Thousand Dollars
($1,000.00).
2. Any person who, having been convicted of or having received
deferred judgment for a violation of this section or a violation
pursuant to the provisions of any law of this state or another state
prohibiting the offenses provided in this section, Section 11-904 of
this title, or paragraph 4 of subsection A of Section 852.1 of Title
21 of the Oklahoma Statutes, or having a prior conviction in a
municipal criminal court of record for the violation of a municipal
ordinance prohibiting the offense provided for in this section,
commits a subsequent violation of this section within ten (10) years
of the date following the completion of the execution of such
sentence or deferred judgment shall, upon conviction, be guilty of a
felony and shall participate in an assessment and evaluation
pursuant to subsection H of this section and shall be sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant’s expense,
b.
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes,
c.
imprisonment in the custody of the Department of
Corrections for not less than one (1) year and not
more than five (5) years, and
d.
a fine not more than Two Thousand Five Hundred Dollars
($2,500.00).
Oklahoma Statutes - Title 47. Motor Vehicles
However, if the treatment in subsection H of this section does
not include residential or inpatient treatment for a period of not
less than five (5) days, the person shall serve a term of
imprisonment of at least five (5) days.
3. Any person who commits a violation of this section after
having been convicted of a felony offense pursuant to the provisions
of this section or a violation pursuant to the provisions of any law
of this state or another state prohibiting the offenses provided for
in this section, Section 11-904 of this title, or paragraph 4 of
subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
shall be guilty of a felony and participate in an assessment and
evaluation pursuant to subsection H of this section and shall be
sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant’s expense,
b.
two hundred forty (240) hours of community service,
c.
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes,
d.
imprisonment in the custody of the Department of
Corrections for not less than one (1) year and not
more than ten (10) years, and
e.
a fine not more than Five Thousand Dollars
($5,000.00).
However, if the treatment in subsection H of this section does
not include residential or inpatient treatment for a period of not
less than ten (10) days, the person shall serve a term of
imprisonment of at least ten (10) days.
4. Any person who commits a violation of this section after
having been twice convicted of a felony offense pursuant to the
provisions of this section or a violation pursuant to the provisions
of any law of this state or another state prohibiting the offenses
provided for in this section, Section 11-904 of this title, or
paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes shall be guilty of a felony and participate in an
assessment and evaluation pursuant to subsection H of this section
and shall be sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant’s expense,
followed by not less than one (1) year of supervision
and periodic testing, as provided in subparagraph q of
paragraph 1 of subsection A of Section 991a of Title
22 of the Oklahoma Statutes, at the defendant’s
expense,
b.
four hundred eighty (480) hours of community service,
c.
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Oklahoma Statutes - Title 47. Motor Vehicles
Section 991a of Title 22 of the Oklahoma Statutes, for
a minimum of ninety (90) days,
d.
imprisonment in the custody of the Department of
Corrections for not less than one (1) year and not
more than twenty (20) years, and
e.
a fine not more than Five Thousand Dollars
($5,000.00).
However, if the person does not undergo residential or inpatient
treatment pursuant to subsection H of this section, the person shall
serve a term of imprisonment of at least ten (10) days.
5. Any person who, after a previous conviction of a violation
of murder in the second degree or manslaughter in the first degree
in which the death was caused as a result of driving under the
influence of alcohol or other intoxicating substance, is convicted
of a violation of this section shall be guilty of a felony and shall
be punished by imprisonment in the custody of the Department of
Corrections for not less than five (5) years and not to exceed
twenty (20) years, and a fine not more than Ten Thousand Dollars
($10,000.00).
6. Provided, however, a conviction from another state shall not
be used to enhance punishment pursuant to the provisions of this
subsection if that conviction is based on a blood or breath alcohol
concentration of less than eight-hundredths (0.08).
7. In any case in which a defendant is charged with driving
under the influence of alcohol or other intoxicating substance
offense within any municipality with a municipal court other than a
court of record, the charge shall be presented to the county’s
district attorney and filed with the district court of the county
within which the municipality is located.
D. Any person who is convicted of a violation of driving under
the influence while also committing one of more of the following
acts:
1. Driving, operating, or being in actual physical control of a
motor vehicle while having a blood or breath alcohol concentration
of fifteen-hundredths (0.15) or more at the time of a test of such
person’s blood or breath;
2. Causing a motor vehicle incident involving one or more
vehicles that results in a report pursuant to Section 40-102 of this
title;
3. Driving in a manner that violates the provisions of Section
11-301, 11-302, 11-306, 11-309, or 11-311 of this title;
4. Driving while eluding peace officers pursuant to Section
540a of Title 21 of the Oklahoma Statutes;
5. Driving with a speed in excess of twenty (20) miles per hour
over the speed limit or ten (10) miles per hour over the speed limit
within an active school zone;
Oklahoma Statutes - Title 47. Motor Vehicles
6. Operating a motor vehicle with a passenger younger than
eighteen (18) years of age; or
7. Reckless driving as defined in Section 11-901 of this title,
shall, upon conviction, be guilty of aggravated driving under the
influence, which shall be a felony offense.
E. A person convicted of aggravated driving under the influence
shall participate in an assessment and evaluation pursuant to
subsection H of this section and shall comply with all
recommendations for treatment. Such person shall be sentenced as
provided in paragraph 1, 2, 3, 4, or 5 of subsection C of this
section and to:
1. Imprisonment as provided in paragraph 1, 2, 3, 4, or 5 of
subsection C of this section, provided that:
a.
for a first offense of a violation pursuant to this
section, the first ten (10) days of the sentence shall
not be subject to probation, suspension, or deferral
and may be served by night or weekend incarceration
pursuant to Section 991a of Title 22 of the Oklahoma
Statutes,
b.
for a second offense of a violation pursuant to this
section, the first thirty (30) days of the sentence
shall not be subject to probation, suspension, or
deferral; provided further, this mandatory minimum
period of confinement shall be served in the county
jail as a condition of a suspended or deferred
sentence, pursuant to Section 991a of Title 22 of the
Oklahoma Statutes, and
c.
the portion of the sentence not subject to probation,
suspension, or deferral shall increase by thirty (30)
days for each subsequent conviction after the second
offense;
2. A fine pursuant to paragraph 1, 2, 3, 4, or 5 of subsection
C of this section;
3. Not less than one (1) year of supervision and periodic
testing, as provided in subparagraph q of paragraph 1 of subsection
A of Section 991a of Title 22 of the Oklahoma Statutes, at the
defendant’s expense; and
4. An ignition interlock device or devices, as provided by
subparagraph n of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes, for a minimum of one hundred
eighty (180) days.
F. When a person is sentenced to imprisonment in the custody of
the Department of Corrections, the person shall be processed through
the Lexington Assessment and Reception Center or at a place
determined by the Director of the Department of Corrections. The
Department of Corrections shall classify and assign the person to
one or more of the following:
Oklahoma Statutes - Title 47. Motor Vehicles
1. The Department of Mental Health and Substance Abuse Services
pursuant to paragraph 1 of subsection A of Section 612 of Title 57
of the Oklahoma Statutes; or
2. A correctional facility operated by the Department of
Corrections with assignment to substance abuse treatment.
Successful completion of a Department-of-Corrections-approved
substance abuse treatment program shall satisfy the recommendation
for a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or treatment program or both. Successful completion of an
approved Department of Corrections substance abuse treatment program
may precede or follow the required assessment.
G. Service Oklahoma is hereby authorized to reinstate any
suspended or revoked driving privilege when the person meets the
statutory requirements which affect the existing driving privilege.
H. Any person who is found guilty of a violation of the
provisions of this section shall be ordered to participate in an
alcohol and drug substance abuse evaluation and assessment program
offered by a certified assessment agency or certified assessor for
the purpose of evaluating and assessing the receptivity to treatment
and prognosis of the person and shall follow all recommendations
made in the assessment and evaluation for treatment. The court
shall order the person to reimburse the agency or assessor for the
evaluation and assessment. Payment shall be remitted by the
defendant or on behalf of the defendant by any third party, provided
no state-appropriated funds are utilized. The fee for an evaluation
and assessment shall be the amount provided in subsection C of
Section 3-460 of Title 43A of the Oklahoma Statutes. The evaluation
and assessment shall be conducted at a certified assessment agency,
the office of a certified assessor, or at another location as
ordered by the court. The agency or assessor shall, within seventytwo (72) hours from the time the person is evaluated and assessed,
submit a written report to the court for the purpose of assisting
the court in its sentencing determination. The court shall, as a
condition of any sentence imposed, including deferred and suspended
sentences, require the person to participate in and successfully
complete all recommendations from the evaluation, such as an alcohol
and substance abuse treatment program pursuant to Section 3-452 of
Title 43A of the Oklahoma Statutes. If such report indicates that
the evaluation and assessment shows that the defendant would benefit
from a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or a treatment program or both, the court shall, as a
condition of any sentence imposed, including deferred and suspended
sentences, require the person to follow all recommendations
identified by the evaluation and assessment and ordered by the
court. No person, agency, or facility operating an evaluation and
assessment program certified by the Department of Mental Health and
Substance Abuse Services shall solicit or refer any person evaluated
Oklahoma Statutes - Title 47. Motor Vehicles
and assessed pursuant to this section for any treatment program or
substance abuse service in which such person, agency, or facility
has a vested interest; however, this provision shall not be
construed to prohibit the court from ordering participation in or
any person from voluntarily utilizing a treatment program or
substance abuse service offered by such person, agency, or facility.
If a person is sentenced to imprisonment in the custody of the
Department of Corrections and the court has received a written
evaluation report pursuant to the provisions of this subsection, the
report shall be furnished to the Department of Corrections with the
judgment and sentence. Any evaluation and assessment report
submitted to the court pursuant to the provisions of this subsection
shall be handled in a manner which will keep such report
confidential from the general public’s review. Nothing contained in
this subsection shall be construed to prohibit the court from
ordering judgment and sentence in the event the defendant fails or
refuses to comply with an order of the court to obtain the
evaluation and assessment required by this subsection. If the
defendant fails or refuses to comply with an order of the court to
obtain the evaluation and assessment, Service Oklahoma shall not
reinstate driving privileges until the defendant has complied in
full with such order. Nothing contained in this subsection shall be
construed to prohibit the court from ordering judgment and sentence
and any other sanction authorized by law for failure or refusal to
comply with an order of the court.
I. Any person who is found guilty of a violation of the
provisions of this section shall be required by the court to attend
a victims impact panel program, as defined in subsection H of
Section 991a of Title 22 of the Oklahoma Statutes, if such a program
is offered in the county where the judgment is rendered, and to pay
a fee of Seventy-five Dollars ($75.00), as set by the governing
authority of the program and approved by the court, to the program
to offset the cost of participation by the defendant, if in the
opinion of the court the defendant has the ability to pay such fee.
J. Any person who is found guilty of a felony violation of the
provisions of this section shall be required to submit to electronic
monitoring as authorized and defined by Section 991a of Title 22 of
the Oklahoma Statutes.
K. Any person who is found guilty of a violation of the
provisions of this section who has been sentenced by the court to
perform any type of community service shall not be permitted to pay
a fine in lieu of performing the community service.
L. When a person is found guilty of a violation of the
provisions of this section, the court shall order, in addition to
any other penalty, the defendant to pay an assessment of One Hundred
Dollars ($100.00) to be deposited in the Drug Abuse Education and
Oklahoma Statutes - Title 47. Motor Vehicles
Treatment Revolving Fund created in Section 2-503.2 of Title 63 of
the Oklahoma Statutes, upon collection.
M. 1. When a person is eighteen (18) years of age or older,
and is the driver, operator, or person in physical control of a
vehicle, and is convicted of violating any provision of this section
while transporting or having in the motor vehicle any child less
than eighteen (18) years of age, the fine shall be enhanced to
double the amount of the fine imposed for the underlying driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this section.
2. Nothing in this subsection shall prohibit the prosecution of
a person pursuant to Section 852.1 of Title 21 of the Oklahoma
Statutes who is in violation of any provision of this section or
Section 11-904 of this title.
N. Any plea of guilty, nolo contendere, or finding of guilt for
a violation of this section or a violation pursuant to the
provisions of any law of this state or another state prohibiting the
offenses provided for in this section, Section 11-904 of this title,
or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes shall constitute a conviction of the offense for
the purpose of this section; provided, any deferred judgment shall
only be considered to constitute a conviction for a period of ten
(10) years following the completion of any court-imposed
probationary term.
O. If qualified by knowledge, skill, experience, training, or
education, a witness shall be allowed to testify in the form of an
opinion or otherwise solely on the issue of impairment, but not on
the issue of specific alcohol concentration level, relating to the
following:
1. The results of any standardized field sobriety test
including, but not limited to, the horizontal gaze nystagmus (HGN)
test administered by a person who has completed training in
standardized field sobriety testing; or
2. Whether a person was under the influence of one or more
impairing substances and the category of such impairing substance or
substances. A witness who has received training and holds a current
certification as a drug recognition expert shall be qualified to
give the testimony in any case in which such testimony may be
relevant.
Added by Laws 1961, p. 386, § 11-902, eff. Sept. 1, 1961. Amended
by Laws 1967, c. 58, § 1, emerg. eff. April 17, 1967; Laws 1971, c.
153, § 1; Laws 1978, c. 108, § 1; Laws 1982, c. 294, § 9, operative
July 1, 1982; Laws 1983, c. 119, § 1, emerg. eff. May 17, 1983; Laws
1984, c. 254, § 5, eff. Nov. 1, 1984; Laws 1985, c. 338, § 6, eff.
Nov. 1, 1985; Laws 1986, c. 279, § 21, operative July 1, 1986; Laws
1988, c. 242, § 9, eff. Nov. 1, 1988; Laws 1990, c. 51, § 109,
emerg. eff. April 9, 1990; Laws 1992, c. 382, § 7, emerg. eff. June
Oklahoma Statutes - Title 47. Motor Vehicles
9, 1992; Laws 1993, c. 276, § 13, emerg. eff. May 27, 1993; Laws
1994, c. 387, § 5, eff. July 1, 1995; Laws 1995, c. 1, § 17, emerg.
eff. March 2, 1995; Laws 1995, c. 313, § 3, eff. July 1, 1995; Laws
1997, c. 133, § 481, eff. July 1, 1999; Laws 1997, c. 420, § 5, eff.
July 1, 1999; Laws 1998, c. 89, § 3, eff. July 1, 1998; Laws 1999,
c. 106, § 5, emerg. eff. April 19, 1999; Laws 1999, c. 170, § 1,
eff. Nov. 1, 1999; Laws 1999, c. 395, § 1, eff. Nov. 1, 1999; Laws
2000, c. 6, § 11, emerg. eff. March 20, 2000; Laws 2000, c. 285, §
3, eff. July 1, 2000; Laws 2000, 1st Ex. Sess., c. 8, § 20, eff.
July 1, 2000; Laws 2001, c. 437, § 23, eff. July 1, 2001; Laws 2002,
c. 460, § 33, eff. Nov. 1, 2002; Laws 2003, c. 3, § 38, emerg. eff.
March 19, 2003; Laws 2003, c. 178, § 3, eff. July 1, 2003; Laws
2003, c. 437, § 1, eff. July 1, 2003; Laws 2004, c. 548, § 1, emerg.
eff. June 9, 2004; Laws 2005, c. 1, § 54, emerg. eff. March 15,
2005; Laws 2005, c. 189, § 1, eff. Nov. 1, 2005; Laws 2006, c. 16, §
29, emerg. eff. March 29, 2006; Laws 2009, c. 143, § 2, eff. July 1,
2009; Laws 2009, c. 310, § 3, eff. Nov. 1, 2009; Laws 2011, c. 350,
§ 3, eff. Nov. 1, 2011; Laws 2012, c. 11, § 13, emerg. eff. April 4,
2012; Laws 2013, c. 157, § 2, eff. Nov. 1, 2013; Laws 2013, c. 393,
§ 3, eff. Oct. 1, 2013; Laws 2016, c. 196, § 1, eff. Nov. 1, 2016;
Laws 2017, c. 42, § 18; Laws 2018, c. 35, § 1, eff. Nov. 1, 2018 and
Laws 2018, c. 61, § 1, emerg. eff. April 23, 2018; Laws 2020, c. 46,
§ 3, eff. Sept. 1, 2020; Laws 2025, c. 347, § 1, eff. Nov. 1, 2025.
NOTE: Laws 1994, c. 308, § 3 and Laws 1994, c. 314, § 2 repealed by
Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 1997, c.
420, § 4, as amended by Laws 1999, c. 106, § 4 repealed by Laws
1999, 1st Ex. Sess., c. 5, § 452, eff. July 1, 1999. Laws 1999, c.
308, § 1 and Laws 1999, c. 391, § 2 repealed by Laws 2000, c. 6, §
33, emerg. eff. March 20, 2000. Laws 2000, c. 368, § 1 repealed by
Laws 2000, 1st Ex. Sess., c. 8, § 34, eff. July 1, 2000. Laws 2001,
c. 435, § 10 repealed by Laws 2002, c. 442, § 2, emerg. eff. June 5,
2002. Laws 2002, c. 442, § 1 repealed by Laws 2003, c. 3, § 39,
emerg. eff. March 19, 2003. Laws 2004, c. 418, § 15 repealed by
Laws 2005, c. 1, § 55, emerg. eff. March 15, 2005. Laws 2005, c.
167, § 2 repealed by Laws 2006, c. 16, § 30, emerg. eff. March 29,
2006. Laws 2011, c. 373, § 6 repealed by Laws 2012, c. 11, § 14,
emerg. eff. April 4, 2012; Laws 2013, c. 175, § 3 repealed by Laws
2013, c. 393, § 5, eff. Oct. 1, 2013. Laws 2016, c. 172, § 6
repealed by Laws 2017, c. 42, § 19.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 481 from July 1, 1998 to July 1, 1999.
Laws 1998, 1st Ex. Sess., c. 2, § 26 amended the effective date of
Laws 1997, c. 420, § 5 from July 1, 1998 to July 1, 1999.
NOTE: Laws 2018, c. 35, § 1 and Laws 2018, c. 61, § 1 made
identical amendments to this section.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-11-902v4. Persons under the influence of alcohol or other
intoxicating substance or combination thereof — Penalty —
Enhancement.
A. It is unlawful and punishable as provided in this section
for any person to drive, operate, or be in actual physical control
of a motor vehicle within this state, whether upon public roads,
highways, streets, turnpikes, other public places or upon any
private road, street, alley or lane which provides access to one or
more single or multi-family dwellings, who:
1. Has a blood or breath alcohol concentration, as defined in
Section 756 of this title, of eight-hundredths (0.08) or more at the
time of a test of such person's blood or breath administered within
two (2) hours after the arrest of such person;
2. Is under the influence of alcohol;
3. Has any amount of a Schedule I chemical or controlled
substance, as defined in Section 2-204 of Title 63 of the Oklahoma
Statutes, or one of its metabolites or analogs in the person's
blood, saliva, urine or any other bodily fluid at the time of a test
of such person's blood, saliva, urine or any other bodily fluid
administered within two (2) hours after the arrest of such person;
4. Is under the influence of any intoxicating substance other
than alcohol which may render such person incapable of safely
driving or operating a motor vehicle; or
5. Is under the combined influence of alcohol and any other
intoxicating substance which may render such person incapable of
safely driving or operating a motor vehicle.
B. The fact that any person charged with a violation of this
section is or has been lawfully entitled to use alcohol or a
controlled dangerous substance or any other intoxicating substance
shall not constitute a defense against any charge of violating this
section.
C. 1. Any person who is convicted of a violation of the
provisions of this section shall be guilty of a misdemeanor for the
first offense and shall:
a.
participate in an assessment and evaluation pursuant
to subsection G of this section and shall follow all
recommendations made in the assessment and evaluation,
b.
be punished by imprisonment in jail for not less than
ten (10) days nor more than one (1) year, and
c.
be fined not more than One Thousand Dollars
($1,000.00).
2. Any person who, having been convicted of or having received
deferred judgment for a violation of this section or a violation
pursuant to the provisions of any law of this state or another state
prohibiting the offenses provided in this section, Section 11-904 of
this title or paragraph 4 of subsection A of Section 852.1 of Title
21 of the Oklahoma Statutes, or having a prior conviction in a
Oklahoma Statutes - Title 47. Motor Vehicles
municipal criminal court of record for the violation of a municipal
ordinance prohibiting the offense provided for in this section
commits a subsequent violation of this section within ten (10) years
of the date following the completion of the execution of said
sentence or deferred judgment shall, upon conviction, be guilty of a
Class C2 felony offense and shall participate in an assessment and
evaluation pursuant to subsection G of this section and shall be
sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
or
b.
imprisonment as provided for in subsections B through
F of Section 20M of Title 21 of the Oklahoma Statutes,
and a fine of not more than Two Thousand Five Hundred
Dollars ($2,500.00), or
c.
treatment, imprisonment as provided for in subsections
B through F of Section 20M of Title 21 of the Oklahoma
Statutes, and a fine within the limitations prescribed
in subparagraphs a and b of this paragraph.
However, if the treatment in subsection G of this section does
not include residential or inpatient treatment for a period of not
less than five (5) days, the person shall serve a term of
imprisonment of at least five (5) days.
3. Any person who commits a violation of this section after
having been convicted of a felony offense pursuant to the provisions
of this section or a violation pursuant to the provisions of any law
of this state or another state prohibiting the offenses provided for
in this section, Section 11-904 of this title or paragraph 4 of
subsection A of Section 852.1 of Title 21 of the Oklahoma Statutes
shall be guilty of a Class B4 felony offense and participate in an
assessment and evaluation pursuant to subsection G of this section
and shall be sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
two hundred forty (240) hours of community service and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, or
b.
placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed ten (10) years and a fine of not more than Five
Thousand Dollars ($5,000.00), or
c.
treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the treatment in subsection G of this section does
not include residential or inpatient treatment for a period of not
Oklahoma Statutes - Title 47. Motor Vehicles
less than ten (10) days, the person shall serve a term of
imprisonment of at least ten (10) days.
4. Any person who commits a violation of this section after
having been twice convicted of a felony offense pursuant to the
provisions of this section or a violation pursuant to the provisions
of any law of this state or another state prohibiting the offenses
provided for in this section, Section 11-904 of this title or
paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes shall be guilty of a Class B3 felony offense and
participate in an assessment and evaluation pursuant to subsection G
of this section and shall be sentenced to:
a.
follow all recommendations made in the assessment and
evaluation for treatment at the defendant's expense,
followed by not less than one (1) year of supervision
and periodic testing at the defendant's expense, four
hundred eighty (480) hours of community service, and
use of an ignition interlock device, as provided by
subparagraph n of paragraph 1 of subsection A of
Section 991a of Title 22 of the Oklahoma Statutes, for
a minimum of thirty (30) days, or
b.
placement in the custody of the Department of
Corrections for not less than one (1) year and not to
exceed twenty (20) years and a fine of not more than
Five Thousand Dollars ($5,000.00), or
c.
treatment, imprisonment and a fine within the
limitations prescribed in subparagraphs a and b of
this paragraph.
However, if the person does not undergo residential or inpatient
treatment pursuant to subsection G of this section the person shall
serve a term of imprisonment of at least ten (10) days.
5. Any person who, after a previous conviction of a violation
of murder in the second degree or manslaughter in the first degree
in which the death was caused as a result of driving under the
influence of alcohol or other intoxicating substance, is convicted
of a violation of this section shall be guilty of a Class A2 felony
offense and shall be punished by imprisonment in the custody of the
Department of Corrections for not less than five (5) years and not
to exceed twenty (20) years, and a fine of not more than Ten
Thousand Dollars ($10,000.00).
6. Provided, however, a conviction from another state shall not
be used to enhance punishment pursuant to the provisions of this
subsection if that conviction is based on a blood or breath alcohol
concentration of less than eight-hundredths (0.08).
7. In any case in which a defendant is charged with driving
under the influence of alcohol or other intoxicating substance
offense within any municipality with a municipal court other than a
court of record, the charge shall be presented to the county's
Oklahoma Statutes - Title 47. Motor Vehicles
district attorney and filed with the district court of the county
within which the municipality is located.
D. Any person who is convicted of a violation of driving under
the influence with a blood or breath alcohol concentration of
fifteen-hundredths (0.15) or more pursuant to this section shall be
deemed guilty of aggravated driving under the influence, a Class B3
felony offense. A person convicted of aggravated driving under the
influence shall participate in an assessment and evaluation pursuant
to subsection G of this section and shall comply with all
recommendations for treatment. Such person shall be sentenced as
provided in paragraph 1, 2, 3, 4 or 5 of subsection C of this
section and to:
1. Not less than one (1) year of supervision and periodic
testing at the defendant's expense; and
2. An ignition interlock device or devices, as provided by
subparagraph n of paragraph 1 of subsection A of Section 991a of
Title 22 of the Oklahoma Statutes, for a minimum of ninety (90)
days.
E. When a person is sentenced to imprisonment in the custody of
the Department of Corrections, the person shall be processed through
the Lexington Assessment and Reception Center or at a place
determined by the Director of the Department of Corrections. The
Department of Corrections shall classify and assign the person to
one or more of the following:
1. The Department of Mental Health and Substance Abuse Services
pursuant to paragraph 1 of subsection A of Section 612 of Title 57
of the Oklahoma Statutes; or
2. A correctional facility operated by the Department of
Corrections with assignment to substance abuse treatment.
Successful completion of a Department-of-Corrections-approved
substance abuse treatment program shall satisfy the recommendation
for a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or treatment program or both. Successful completion of an
approved Department of Corrections substance abuse treatment program
may precede or follow the required assessment.
F. The Department of Public Safety is hereby authorized to
reinstate any suspended or revoked driving privilege when the person
meets the statutory requirements which affect the existing driving
privilege.
G. Any person who is found guilty of a violation of the
provisions of this section shall be ordered to participate in an
alcohol and drug substance abuse evaluation and assessment program
offered by a certified assessment agency or certified assessor for
the purpose of evaluating and assessing the receptivity to treatment
and prognosis of the person and shall follow all recommendations
made in the assessment and evaluation for treatment. The court
shall order the person to reimburse the agency or assessor for the
Oklahoma Statutes - Title 47. Motor Vehicles
evaluation and assessment. Payment shall be remitted by the
defendant or on behalf of the defendant by any third party;
provided, no state-appropriated funds are utilized. The fee for an
evaluation and assessment shall be the amount provided in subsection
C of Section 3-460 of Title 43A of the Oklahoma Statutes. The
evaluation and assessment shall be conducted at a certified
assessment agency, the office of a certified assessor or at another
location as ordered by the court. The agency or assessor shall,
within seventy-two (72) hours from the time the person is evaluated
and assessed, submit a written report to the court for the purpose
of assisting the court in its sentencing determination. The court
shall, as a condition of any sentence imposed, including deferred
and suspended sentences, require the person to participate in and
successfully complete all recommendations from the evaluation, such
as an alcohol and substance abuse treatment program pursuant to
Section 3-452 of Title 43A of the Oklahoma Statutes. If such report
indicates that the evaluation and assessment shows that the
defendant would benefit from a ten-hour or twenty-four-hour alcohol
and drug substance abuse course or a treatment program or both, the
court shall, as a condition of any sentence imposed, including
deferred and suspended sentences, require the person to follow all
recommendations identified by the evaluation and assessment and
ordered by the court. No person, agency or facility operating an
evaluation and assessment program certified by the Department of
Mental Health and Substance Abuse Services shall solicit or refer
any person evaluated and assessed pursuant to this section for any
treatment program or substance abuse service in which such person,
agency or facility has a vested interest; however, this provision
shall not be construed to prohibit the court from ordering
participation in or any person from voluntarily utilizing a
treatment program or substance abuse service offered by such person,
agency or facility. If a person is sentenced to imprisonment in the
custody of the Department of Corrections and the court has received
a written evaluation report pursuant to the provisions of this
subsection, the report shall be furnished to the Department of
Corrections with the judgment and sentence. Any evaluation and
assessment report submitted to the court pursuant to the provisions
of this subsection shall be handled in a manner which will keep such
report confidential from the general public's review. Nothing
contained in this subsection shall be construed to prohibit the
court from ordering judgment and sentence in the event the defendant
fails or refuses to comply with an order of the court to obtain the
evaluation and assessment required by this subsection. If the
defendant fails or refuses to comply with an order of the court to
obtain the evaluation and assessment, the Department of Public
Safety shall not reinstate driving privileges until the defendant
has complied in full with such order. Nothing contained in this
Oklahoma Statutes - Title 47. Motor Vehicles
subsection shall be construed to prohibit the court from ordering
judgment and sentence and any other sanction authorized by law for
failure or refusal to comply with an order of the court.
H. Any person who is found guilty of a violation of the
provisions of this section shall be required by the court to attend
a victims impact panel program, as defined in subsection H of
Section 991a of Title 22 of the Oklahoma Statutes, if such a program
is offered in the county where the judgment is rendered, and to pay
a fee of Seventy-five Dollars ($75.00), as set by the governing
authority of the program and approved by the court, to the program
to offset the cost of participation by the defendant, if in the
opinion of the court the defendant has the ability to pay such fee.
I. Any person who is found guilty of a felony violation of the
provisions of this section shall be required to submit to electronic
monitoring as authorized and defined by Section 991a of Title 22 of
the Oklahoma Statutes.
J. Any person who is found guilty of a violation of the
provisions of this section who has been sentenced by the court to
perform any type of community service shall not be permitted to pay
a fine in lieu of performing the community service.
K. When a person is found guilty of a violation of the
provisions of this section, the court shall order, in addition to
any other penalty, the defendant to pay a one-hundred-dollar
assessment to be deposited in the Drug Abuse Education and Treatment
Revolving Fund created in Section 2-503.2 of Title 63 of the
Oklahoma Statutes, upon collection.
L. 1. When a person is eighteen (18) years of age or older,
and is the driver, operator, or person in physical control of a
vehicle, and is convicted of violating any provision of this section
while transporting or having in the motor vehicle any child less
than eighteen (18) years of age, the fine shall be enhanced to
double the amount of the fine imposed for the underlying driving
under the influence (DUI) violation which shall be in addition to
any other penalties allowed by this section.
2. Nothing in this subsection shall prohibit the prosecution of
a person pursuant to Section 852.1 of Title 21 of the Oklahoma
Statutes who is in violation of any provision of this section or
Section 11-904 of this title.
M. Any plea of guilty, nolo contendere or finding of guilt for
a violation of this section or a violation pursuant to the
provisions of any law of this state or another state prohibiting the
offenses provided for in this section, Section 11-904 of this title,
or paragraph 4 of subsection A of Section 852.1 of Title 21 of the
Oklahoma Statutes, shall constitute a conviction of the offense for
the purpose of this section; provided, any deferred judgment shall
only be considered to constitute a conviction for a period of ten
Oklahoma Statutes - Title 47. Motor Vehicles
(10) years following the completion of any court-imposed
probationary term.
N. If qualified by knowledge, skill, experience, training or
education, a witness shall be allowed to testify in the form of an
opinion or otherwise solely on the issue of impairment, but not on
the issue of specific alcohol concentration level, relating to the
following:
1. The results of any standardized field sobriety test
including, but not limited to, the horizontal gaze nystagmus (HGN)
test administered by a person who has completed training in
standardized field sobriety testing; or
2. Whether a person was under the influence of one or more
impairing substances and the category of such impairing substance or
substances. A witness who has received training and holds a current
certification as a drug recognition expert shall be qualified to
give the testimony in any case in which such testimony may be
relevant.
Added by Laws 1961, p. 386, § 11-902, eff. Sept. 1, 1961. Amended
by Laws 1967, c. 58, § 1, emerg. eff. April 17, 1967; Laws 1971, c.
153, § 1; Laws 1978, c. 108, § 1; Laws 1982, c. 294, § 9, operative
July 1, 1982; Laws 1983, c. 119, § 1, emerg. eff. May 17, 1983; Laws
1984, c. 254, § 5, eff. Nov. 1, 1984; Laws 1985, c. 338, § 6, eff.
Nov. 1, 1985; Laws 1986, c. 279, § 21, operative July 1, 1986; Laws
1988, c. 242, § 9, eff. Nov. 1, 1988; Laws 1990, c. 51, § 109,
emerg. eff. April 9, 1990; Laws 1992, c. 382, § 7, emerg. eff. June
9, 1992; Laws 1993, c. 276, § 13, emerg. eff. May 27, 1993; Laws
1994, c. 387, § 5, eff. July 1, 1995; Laws 1995, c. 1, § 17, emerg.
eff. March 2, 1995; Laws 1995, c. 313, § 3, eff. July 1, 1995; Laws
1997, c. 133, § 481, eff. July 1, 1999; Laws 1997, c. 420, § 5, eff.
July 1, 1999; Laws 1998, c. 89, § 3, eff. July 1, 1998; Laws 1999,
c. 106, § 5, emerg. eff. April 19, 1999; Laws 1999, c. 170, § 1,
eff. Nov. 1, 1999; Laws 1999, c. 395, § 1, eff. Nov. 1, 1999; Laws
2000, c. 6, § 11, emerg. eff. March 20, 2000; Laws 2000, c. 285, §
3, eff. July 1, 2000; Laws 2000, 1st Ex. Sess., c. 8, § 20, eff.
July 1, 2000; Laws 2001, c. 437, § 23, eff. July 1, 2001; Laws 2002,
c. 460, § 33, eff. Nov. 1, 2002; Laws 2003, c. 3, § 38, emerg. eff.
March 19, 2003; Laws 2003, c. 178, § 3, eff. July 1, 2003; Laws
2003, c. 437, § 1, eff. July 1, 2003; Laws 2004, c. 548, § 1, emerg.
eff. June 9, 2004; Laws 2005, c. 1, § 54, emerg. eff. March 15,
2005; Laws 2005, c. 189, § 1, eff. Nov. 1, 2005; Laws 2006, c. 16, §
29, emerg. eff. March 29, 2006; Laws 2009, c. 143, § 2, eff. July 1,
2009; Laws 2009, c. 310, § 3, eff. Nov. 1, 2009; Laws 2011, c. 350,
§ 3, eff. Nov. 1, 2011; Laws 2012, c. 11, § 13, emerg. eff. April 4,
2012; Laws 2013, c. 157, § 2, eff. Nov. 1, 2013; Laws 2013, c. 393,
§ 3, eff. Oct. 1, 2013; Laws 2016, c. 196, § 1, eff. Nov. 1, 2016;
Laws 2017, c. 42, § 18; Laws 2018, c. 35, § 1, eff. Nov. 1, 2018 and
Oklahoma Statutes - Title 47. Motor Vehicles
Laws 2018, c. 61, § 1, emerg. eff. April 23, 2018; Laws 2020, c. 46,
§ 3, eff. Sept. 1, 2020; Laws 2025, c. 486, § 33, eff. Jan. 1, 2026.
NOTE: Laws 1994, c. 308, § 3 and Laws 1994, c. 314, § 2 repealed by
Laws 1995, c. 1, § 40, emerg. eff. March 2, 1995. Laws 1997, c.
420, § 4, as amended by Laws 1999, c. 106, § 4 repealed by Laws
1999, 1st Ex. Sess., c. 5, § 452, eff. July 1, 1999. Laws 1999, c.
308, § 1 and Laws 1999, c. 391, § 2 repealed by Laws 2000, c. 6, §
33, emerg. eff. March 20, 2000. Laws 2000, c. 368, § 1 repealed by
Laws 2000, 1st Ex. Sess., c. 8, § 34, eff. July 1, 2000. Laws 2001,
c. 435, § 10 repealed by Laws 2002, c. 442, § 2, emerg. eff. June 5,
2002. Laws 2002, c. 442, § 1 repealed by Laws 2003, c. 3, § 39,
emerg. eff. March 19, 2003. Laws 2004, c. 418, § 15 repealed by
Laws 2005, c. 1, § 55, emerg. eff. March 15, 2005. Laws 2005, c.
167, § 2 repealed by Laws 2006, c. 16, § 30, emerg. eff. March 29,
2006. Laws 2011, c. 373, § 6 repealed by Laws 2012, c. 11, § 14,
emerg. eff. April 4, 2012; Laws 2013, c. 175, § 3 repealed by Laws
2013, c. 393, § 5, eff. Oct. 1, 2013. Laws 2016, c. 172, § 6
repealed by Laws 2017, c. 42, § 19.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 481 from July 1, 1998 to July 1, 1999.
Laws 1998, 1st Ex. Sess., c. 2, § 26 amended the effective date of
Laws 1997, c. 420, § 5 from July 1, 1998 to July 1, 1999
NOTE: Laws 2018, c. 35, § 1 and Laws 2018, c. 61, § 1 made
identical amendments to this section.
§47-11-903. Negligent homicide.
A. When the death of any person ensues within one (1) year as a
proximate result of injury received by the driving of any vehicle by
any person in reckless disregard of the safety of others, the person
so operating such vehicle shall be guilty of negligent homicide.
B. Any person convicted of negligent homicide shall be guilty
of a misdemeanor punishable by imprisonment in the county jail for
not more than one (1) year or by fine of not less than One Thousand
Dollars ($1,000.00), or by both such fine and imprisonment.
In addition to the fine or penalty, the court shall order the
person to attend a driver improvement or defensive driving course,
as provided in Section 6-206.1 of this title. Furthermore, if the
records of the Department of Public Safety for the person reflect a
conviction for any traffic offense within the three (3) years
immediately preceding the conviction for negligent homicide, the
fine shall be enhanced to double the amount of the fine imposed
pursuant to this subsection.
C. The Commissioner of Public Safety shall revoke the license
or permit to drive and any nonresident operating privilege of any
person convicted of negligent homicide.
Added by Laws 1961, p. 387, § 11-903, eff. Sept. 1, 1961. Amended
by Laws 1985, c. 112, § 10, eff. Nov. 1, 1985; Laws 2005, c. 164, §
Oklahoma Statutes - Title 47. Motor Vehicles
1, emerg. eff. May 11, 2005; Laws 2011, c. 299, § 3, eff. Nov. 1,
2011.
§47-11-904. Person involved in personal injury accident while under
influence of alcohol or other intoxicating substance - Causing great
bodily injury.
A. Any person who is involved in a personal injury accident
while driving or operating a motor vehicle within this state and who
is in violation of the provisions of subsection A of Section 11-902
of this title may be charged with a violation of the provisions of
this subsection as follows:
1. Any person who is convicted of a violation of the provisions
of this subsection shall be deemed guilty of a misdemeanor for the
first offense and shall be punished by imprisonment in the county
jail for not less than ninety (90) days nor more than one (1) year,
and a fine of not more than Two Thousand Five Hundred Dollars
($2,500.00); and
2. Any person who is convicted of a violation of the provisions
of this subsection after having been previously convicted of a
violation of this subsection or of Section 11-902 of this title
shall be deemed guilty of a Class B5 felony offense and shall be
punished by imprisonment in the custody of the Department of
Corrections for not less than one (1) year and not more than five
(5) years, and a fine of not more than Five Thousand Dollars
($5,000.00).
B. 1. Any person who causes an accident resulting in great
bodily injury to any person other than himself while driving or
operating a motor vehicle within this state and who is in violation
of the provisions of subsection A of Section 11-902 of this title
may be charged with a violation of the provisions of this
subsection. Any person who is convicted of a violation of the
provisions of this subsection shall be deemed guilty of a Class B1
felony offense punishable by imprisonment in the custody of the
Department of Corrections for not less than four (4) years and not
more than twenty (20) years, and a fine of not more than Five
Thousand Dollars ($5,000.00).
2. As used in this subsection, "great bodily injury" means
bodily injury which creates a substantial risk of death or which
causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
Added by Laws 1983, c. 43, § 1, emerg. eff. April 21, 1983. Amended
by Laws 1984, c. 30, § 1, eff. Nov. 1, 1984; Laws 1985, c. 112, §
11, eff. Nov. 1, 1985; Laws 1989, c. 316, § 1, eff. Nov. 1, 1989;
Laws 1997, c. 133, § 482, eff. July 1, 1999; Laws 1999, 1st Ex.
Sess., c. 5, § 348, eff. July 1, 1999; Laws 2004, c. 275, § 13, eff.
July 1, 2004; Laws 2012, c. 157, § 1, eff. Nov. 1, 2012; Laws 2016,
Oklahoma Statutes - Title 47. Motor Vehicles
c. 196, § 2, eff. Nov. 1, 2016; Laws 2025, c. 486, § 65, eff. Jan.
1, 2026.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 482 from July 1, 1998 to July 1, 1999.
§47-11-905. Person involved in personal injury accident without a
valid driver license – Causing great bodily injury – Causing death.
A. Any person who, while operating a vehicle in this state
without a valid driver license for the class of vehicle being
operated, or while knowingly disqualified to operate a motor vehicle
in this state, or while such person knows or should have known that
his or her driver license is canceled, denied, suspended or revoked,
causes an accident which results in personal injury to any other
person, may be charged with a violation of the provisions of this
subsection. Any person who is convicted of a violation of the
provisions of this subsection shall be deemed guilty of a
misdemeanor punishable by imprisonment in the county jail for a term
not more than one (1) year, or by a fine in an amount not exceeding
Two Thousand Dollars ($2,000.00), or by both such fine and
imprisonment.
B. 1. Any person who, while operating a vehicle in this state
without a valid driver license for the class of vehicle being
operated, or while knowingly disqualified to operate a motor vehicle
in this state, or while such person knows or should have known that
his or her driver license is canceled, denied, suspended or revoked,
causes an accident resulting in great bodily injury to any other
person, may be charged with a violation of the provisions of this
subsection. Any person who is convicted of a violation of the
provisions of this subsection shall be deemed guilty of a Class C2
felony offense punishable by imprisonment as provided for in
subsections B through F of Section 20M of Title 21 of the Oklahoma
Statutes, or by a fine in an amount not exceeding Three Thousand
Dollars ($3,000.00), or by both such fine and imprisonment.
2. As used in this subsection, “great bodily injury” means
bodily injury which creates a substantial risk of death or which
causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
C. Any person who, while operating a vehicle in this state
without a valid driver license for the class of vehicle being
operated, or while knowingly disqualified to operate a motor vehicle
in this state, or while such person knows or should have known that
his or her driver license is canceled, denied, suspended or revoked,
causes an accident resulting in the death of any other person, may
be charged with a violation of the provisions of this subsection.
Any person who is convicted of a violation of the provisions of this
subsection shall be deemed guilty of a Class B4 felony offense
punishable by imprisonment in the custody of the Department of
Oklahoma Statutes - Title 47. Motor Vehicles
Corrections for a term not more than five (5) years, or by a fine in
an amount not exceeding Five Thousand Dollars ($5,000.00), or by
both such fine and imprisonment.
D. The provisions of this section may be charged in addition to
any other chargeable offense allowed by law.
Added by Laws 2009, c. 155, § 3, eff. July 1, 2009. Amended by Laws
2010, c. 68, § 1, eff. Nov. 1, 2010; Laws 2025, c. 486, § 143, eff.
Jan. 1, 2026.
§47-11-906.1. Drunk Driving Prevention Act - Short title.
Sections 13 through 16 of this act shall be known and may be
cited as the "Drunk Driving Prevention Act".
Added by Laws 1995, c. 320, § 1, eff. July 1, 1995. Amended by Laws
1996, c. 309, § 2, eff. Nov. 1, 1996; Laws 2000, 1st Ex.Sess., c. 8,
§ 13, eff. July 1, 2000. Renumbered from § 6-106.1 of this title by
Laws 2000, 1st Ex.Sess., c. 8, § 33, eff. July 1, 2000.
§47-11-906.2. Purpose.
The purpose of this act is to reduce the incidence of persons
who drive or are in actual physical control of a motor vehicle while
under the influence of alcohol or other intoxicating substances.
Added by Laws 1995, c. 320, § 2, eff. July 1, 1995. Amended by Laws
2000, 1st Ex.Sess., c. 8, § 14, eff. July 1, 2000. Renumbered from
§ 6-106.2 of this title by Laws 2000, 1st Ex.Sess., c. 8, § 33, eff.
July 1, 2000.
§47-11-906.3. Oklahoma Driver's Manual - Contents.
A. The State Department of Education shall develop and
administer appropriate driver education programs to be conducted in
all of the schools of this state to increase awareness of the
dangers of drinking and driving.
B. 1. In order to provide education and instruction to all
applicants for an original Oklahoma driver license, the Oklahoma
Driver's Manual, published and distributed by Service Oklahoma
pursuant to Section 2-114 of this title, shall contain accurate
information on:
a.
the hazards of driving while under the influence of
alcohol or other intoxicating substances, and
b.
the legal and financial consequences resulting from
violations of this state's laws prohibiting the
operation or actual physical control of a motor
vehicle while under the influence of alcohol or other
intoxicating substances.
2. In addition to the subjects set forth in Section 6-110 of
this title, the written examination administered by Service Oklahoma
to every applicant for an original Oklahoma driver license shall
contain questions on the subjects listed in this subsection.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1995, c. 320, § 3, eff. July 1, 1995. Amended by Laws
1996, c. 309, § 3, eff. Nov. 1, 1996; Laws 2000, 1st Ex. Sess., c.
8, § 15, eff. July 1, 2000. Renumbered from § 6-106.3 of this title
by Laws 2000, 1st Ex. Sess., c. 8, § 33, eff. July 1, 2000. Amended
by Laws 2022, c. 282, § 94, emerg. eff. May 19, 2022.
§47-11-906.4. Operating or being in actual physical control of
motor vehicle while under the influence while under age - Penalties.
A. It is unlawful, and punishable as provided in subsection B
of this section, for any person under twenty-one (21) years of age
to drive, operate, or be in actual physical control of a motor
vehicle within this state who:
1. Has any measurable quantity of alcohol in the person’s blood
or breath at the time of a test administered within two (2) hours
after an arrest of the person;
2. Exhibits evidence of being under the influence of any other
intoxicating substance as shown by analysis of a specimen of the
person’s blood, breath, saliva, or urine in accordance with the
provisions of Sections 752 and 759 of this title; or
3. Exhibits evidence of the combined influence of alcohol and
any other intoxicating substance.
B. Any person under twenty-one (21) years of age who violates
any provision of this section shall be subject to the seizure of the
driver license of that person at the time of arrest or detention and
the person, upon conviction, shall be guilty of operating or being
in actual physical control of a motor vehicle while under the
influence while under age and shall be punished:
1. For a first conviction, by:
a.
a fine of not less than One Hundred Dollars ($100.00)
nor more than Five Hundred Dollars ($500.00),
b.
assignment to and completion of twenty (20) hours of
community service,
c.
requiring the person to attend and complete a
treatment program, or
d.
any combination of fine, community service, or
treatment;
2. Upon a second conviction, by:
a.
assignment to and completion of not less than two
hundred forty (240) hours of community service, and
b.
the requirement, after the conclusion of the mandatory
revocation period, to install an ignition interlock
device or devices, as provided by subparagraph n of
paragraph 1 of subsection A of Section 991a of Title
22 of the Oklahoma Statutes, for a period of not less
than thirty (30) days.
In addition, a second conviction may be punished by a fine of not
less than One Hundred Dollars ($100.00) nor more than One Thousand
Oklahoma Statutes - Title 47. Motor Vehicles
Dollars ($1,000.00), or by requiring the person to attend and
complete a treatment program, as recommended by the assessment
required pursuant to subparagraph c of paragraph 2 of subsection D
of this section, or by both; or
3. Upon a third or subsequent conviction, by:
a.
assignment to and completion of not less than four
hundred eighty (480) hours of community service, and
b.
the requirement, after the conclusion of the mandatory
revocation period, to install an ignition interlock
device or devices, as provided by subparagraph n of
paragraph 1 of subsection A of Section 991a of Title
22 of the Oklahoma Statutes, for a period of not less
than thirty (30) days.
In addition, a third or subsequent conviction may be punished by a
fine of not less than One Hundred Dollars ($100.00) nor more than
Two Thousand Dollars ($2,000.00), or by requiring the person to
attend and complete a treatment program, as recommended by the
assessment required pursuant to subparagraph c of paragraph 2 of
subsection D of this section, or by both.
C. The court may assess additional community service hours in
lieu of any fine specified in this section.
D. In addition to any penalty or condition imposed pursuant to
the provisions of this section, the person shall be subject to:
1. Upon a first conviction:
a.
the cancellation or denial of driving privileges as
ordered by the court pursuant to subsection B of
Section 6-107.1 of this title,
b.
the mandatory revocation of driving privileges
pursuant to Section 6-205.1, 753 or 754 of this title,
which revocation period may be modified as provided by
law, and
c.
the continued installation of an ignition interlock
device or devices, at the expense of the person, as
provided in subsection D of Section 6-212.3 of this
title, after the mandatory period of cancellation,
denial or revocation for a period as provided in
paragraph 1 of subsection A of Section 6-212.3 of this
title;
2. Upon a second conviction:
a.
the cancellation or denial of driving privileges, as
ordered by the court pursuant to subsection B of
Section 6-107.2 of this title,
b.
the mandatory revocation of driving privileges
pursuant to Section 6-205.1, 753 or 754 of this title,
which period may be modified as provided by law,
c.
an assessment of the person's degree of alcohol abuse,
in the same manner as prescribed in subsection H of
Oklahoma Statutes - Title 47. Motor Vehicles
Section 11-902 of this title, which may result in
treatment as deemed appropriate by the court, and
d.
the continued installation of an ignition interlock
device or devices, at the expense of the person, as
provided in subsection D of Section 6-212.3 of this
title, after the mandatory period of cancellation,
denial or revocation for a period as provided in
paragraph 2 of subsection A of Section 6-212.3 of this
title; and
3. Upon a third or subsequent conviction:
a.
the cancellation or denial of driving privileges as
ordered by the court pursuant to subsection B of
Section 6-107.2 of this title,
b.
the mandatory revocation of driving privileges
pursuant to Section 6-205.1, 753 or 754 of this title,
which period may be modified as provided by law,
c.
an assessment of the person’s degree of alcohol abuse,
in the same manner as prescribed in subsection H of
Section 11-902 of this title, which may result in
treatment as deemed appropriate by the court, and
d.
the continued installation of an ignition interlock
device or devices, at the expense of the person, as
provided in subsection D of Section 6-212.3 of this
title, after the mandatory period of cancellation,
denial, or revocation for a period as provided in
paragraph 3 of subsection A of Section 6-212.3 of this
title.
E. Nothing in this section shall be construed to prohibit the
filing of charges pursuant to Section 761 or 11-902 of this title
when the facts warrant.
F. As used in this section:
1. The term "conviction" includes a juvenile delinquency
adjudication by a court; and
2. The term "revocation" includes the cancellation or denial of
driving privileges by the Department.
Added by Laws 1996, c. 309, § 1, eff. Nov. 1, 1996. Amended by Laws
1999, c. 106, § 2, emerg. eff. April 19, 1999; Laws 2000, 1st
Ex.Sess., c. 8, § 16, eff. July 1, 2000. Renumbered from Title 47,
§ 6-106.4 by Laws 2000, 1st Ex.Sess., c. 8, § 33, eff. July 1, 2000.
Amended by Laws 2011, c. 373, § 7, eff. Nov. 1, 2011.
§47-11-1001. Stopping, standing or parking outside of business or
residence district - Penalties.
A. 1. Upon any highway outside of a business or residence
district no person shall stop, park or leave standing any vehicle,
whether attended or unattended, upon the paved or main-traveled part
of the highway when it is practicable to stop, park or so leave such
Oklahoma Statutes - Title 47. Motor Vehicles
vehicle off such part of said highway, but in every event an
unobstructed width of the highway opposite a standing vehicle shall
be left for the free passage of other vehicles and a clear view of
such stopped vehicles shall be available from a distance of four
hundred (400) feet in each direction upon such highway.
2. As used in this section and Section 11-1002 of this title,
“highway” means any public road, street, or turnpike used for
vehicular travel.
B. 1. The owner or operator of a vehicle or its cargo which
obstructs the regular flow of traffic shall make every reasonable
effort to remove the obstructing vehicle or cargo from the roadway
so the regular flow of traffic is not blocked. This subsection
shall not apply to collisions resulting in the injury or death of
any person.
2. This subsection shall not apply to vehicles transporting
“hazardous materials” as defined in paragraph 5 of Section 230.3 of
this title.
3. Nothing in this subsection shall be construed to relieve any
person from complying with Section 10-103 of this title.
4.
a.
Until January 1, 2006, any person violating this
subsection may be issued a written warning of the
violation.
b.
Any person violating this subsection shall, upon
conviction, be guilty of a misdemeanor and shall be
punished as provided for in Section 17-101 of this
title.
Added by Laws 1961, p. 387, § 11-1001, eff. Sept. 1, 1961. Amended
by Laws 2003, c. 100, § 1, eff. Nov. 1, 2003; Laws 2004, c. 222, §
1, eff. Nov. 1, 2004.
§47-11-1002. Officers authorized to remove illegally stopped
vehicle.
A. Whenever any police officer finds a vehicle standing upon a
highway in violation of any of the provisions of subsection A of
Section 11-1001 of this title, such officer is hereby authorized to
move such vehicle, or require the driver or other person in charge
of the vehicle to move the same, to a position off the paved or
main-traveled part of such highway.
B. 1. Law enforcement officers, using reasonable care, may
remove from the roadway to the nearest safe place any disabled or
damaged vehicle or cargo as described in subsection B of Section 111001 of this title.
2. Absent a showing of gross negligence, the law enforcement
officer, the employing agency, or any person acting under the
direction of the law enforcement officer is not liable for damage to
a vehicle or damage or loss to any portion of the contents or cargo
of the vehicle when carrying out the provisions of this subsection.
Oklahoma Statutes - Title 47. Motor Vehicles
C. Whenever any police officer finds a vehicle unattended upon
any bridge or causeway or in any underpass where such vehicle
constitutes an obstruction to traffic, such officer is hereby
authorized to provide for the removal of such vehicle to the nearest
garage or other place of safety.
D. When any vehicle is left standing or abandoned upon a
highway in violation of this section and at such a place or in such
manner as to interfere or prevent the maintenance of said highway,
the Oklahoma Department of Transportation, Oklahoma Transportation
Authority or their authorized agents may remove such vehicle or
request the driver or other persons in charge thereof to move the
same to some place of safety off the highway with charge to the
owner of the vehicle.
Added by Laws 1961, p. 387, § 11-1002, eff. Sept. 1, 1961. Amended
by Laws 2003, c. 100, § 2, eff. Nov. 1, 2003; Laws 2004, c. 222, §
2, eff. Nov. 1, 2004.
§47-11-1003. Stopping, standing or parking prohibited in specified
places.
A. Except as otherwise provided in subsection B of this
section, no person shall stop, stand or park a vehicle, except when
necessary to avoid conflict with other traffic or in compliance with
law or the directions of a police officer or traffic-control device,
in any of the following places:
1. On a sidewalk;
2. In front of a public or private driveway;
3. Within fifteen (15) feet of a fire hydrant, or if in an area
serviced by a volunteer fire department, within thirty (30) feet of
a fire hydrant if the governing body of the area so adopts by
ordinance;
4. Within an intersection;
5. On a crosswalk;
6. Within twenty (20) feet of a crosswalk at an intersection;
7. Within thirty (30) feet upon the approach to any flashing
beacon, stop sign or traffic-control signal located at the side of a
roadway;
8. Between a safety zone and the adjacent curb or within thirty
feet of points on the curb immediately opposite the ends of a safety
zone, unless the authority having jurisdiction indicates a different
length by signs or marking;
9. Within fifty (50) feet of the nearest rail of a railroad
crossing;
10. Within twenty (20) feet of the driveway entrance to any
fire station and on the side of a street opposite the entrance to
any fire station within seventy-five (75) feet of said entrance
(when properly signposted);
Oklahoma Statutes - Title 47. Motor Vehicles
11. Alongside or opposite any street excavation or obstruction
when stopping, standing or parking would obstruct traffic;
12. On the roadway side of any vehicle stopped or parked at the
edge or curb of a street;
13. Upon any bridge or other elevated structure upon a highway
or within a highway underpass;
14. At any place where official signs prohibit stopping.
B. No person engaging in the collection and disposal of solid
waste or recycling material or both as a business, pursuant to the
provisions of the Oklahoma Solid Waste Management Act, shall stop,
stand or park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with law or the directions of a
police officer or traffic-control device, in any of the following
places:
1. On a sidewalk;
2. Within an intersection;
3. Alongside or opposite any street excavation or obstruction
when stopping, standing or parking would obstruct traffic;
4. Upon any bridge or other elevated structure upon a highway
or within a highway underpass; or
5. At any place where official signs prohibit stopping.
C. No person shall move a vehicle not lawfully under the
control of the person into any prohibited area or away from a curb
such distance as is unlawful.
Added by Laws 1961, p. 388, § 11-1003, eff. Sept. 1, 1961. Amended
by Laws 1995, c. 58, § 3, eff. July 1, 1995; Laws 2011, c. 152, § 1,
eff. Nov. 1, 2011.
§47-11-1004. Additional parking regulations.
A. Except as otherwise provided in this section, every vehicle
stopped or parked upon a roadway where there are adjacent curbs
shall be so stopped or parked with the right-hand wheels of such
vehicle parallel to and within eighteen (18) inches of the righthand curb.
B. Local authorities may by ordinance permit parking of vehicle
with the left-hand wheels adjacent to and within eighteen (18)
inches of the left-hand curb of a one-way roadway.
C. Local authorities may by ordinance permit angle parking on
any roadway, except that angle parking shall not be permitted on any
federal-aid or state highway unless the Department of Highways has
determined that the roadway is of sufficient width to permit angle
parking without interfering with the free movement of traffic.
D. The Oklahoma Department of Highways with respect to highways
under its jurisdiction may place signs prohibiting or restricting
the stopping, standing or parking of vehicles on any highway where
such stopping, standing or parking is dangerous to those using the
highway or where the stopping, standing or parking of vehicles would
Oklahoma Statutes - Title 47. Motor Vehicles
unduly interfere with the free movement of traffic thereon. Such
signs shall be official signs and no person shall stop, stand or
park any vehicle in violation of the restrictions stated on such
signs.
E. A person engaging in the collection and disposal of solid
waste or recycling material or both as a business, pursuant to the
provisions of the Oklahoma Solid Waste Management Act, shall be
exempt from the provisions of subsections A and B of this section
while in the performance of such activities.
Added by Laws 1961, p. 388, § 11-1004, eff. Sept. 1, 1961. Amended
by Laws 2011, c. 152, § 2, eff. Nov. 1, 2011.
§47-11-1005. Authorized emergency vehicles; vehicles used in
construction or maintenance of highways - Excepted from certain
provisions.
Provisions of this article shall not apply to authorized
emergency vehicles or to vehicles or machinery used in the
construction or maintenance of highways, and such vehicles or
machinery may be operated on any part of the road, whether same is
open to traffic or closed, when such operation is necessary in the
maintenance or construction of said highway; provided, that the
Department of Highways shall protect all such operations with
adequate warnings, signs, signals, lights, devices, or flagmen.
Laws 1961, p. 388, § 11-1005.
§47-11-1006. Parking of vehicles on posted private property Penalty - Liability of land owner.
(a) It shall be unlawful to place or park a motor vehicle or a
trailer upon the posted private property of another, without first
obtaining permission from the landowner or the person in charge of
such property, except where said placing or parking is casual or
involuntary.
(b) Violation of the terms of this section shall be considered
to be a misdemeanor and upon conviction violators shall be fined not
to exceed Twenty Dollars ($20.00) and, in addition thereto, shall
pay any and all reasonable and necessary charges incurred by the
landowner or other person in having any vehicle or trailer removed
from his property and stored.
(c) The landowner or person in charge of the land shall not be
liable for any damages which may occur to a trespassing vehicle or
trailer under the terms of this section, while the same is
trespassing or while it is being removed from his property, or while
it is in storage.
Laws 1961, p. 389, § 11-1006.
§47-11-1007. Parking areas for physically disabled persons Violations and penalties.
Oklahoma Statutes - Title 47. Motor Vehicles
A. 1. It shall be unlawful for any person to place or park a
motor vehicle in any parking space that is designated and posted as
a reserved area for the parking of a motor vehicle operated by or
transporting a physically disabled person unless such person has
applied for and been issued a detachable placard indicating physical
disability under the provisions of Section 15-112 of this title, and
such placard is displayed as provided in Section 15-112 of this
title or in rules adopted pursuant thereto, or has applied for and
been issued a physically disabled license plate pursuant to the
provisions of Section 1135.1 or 1135.2 of this title, and such
license plate is displayed pursuant to the provisions of the
Oklahoma Vehicle License and Registration Act.
2. It shall also be unlawful for any person to place or park a
motor vehicle, whether with or without a physically disabled placard
or plate, in any disabled parking space access aisle, wheelchair
ramp, wheelchair loading/unloading area or any portion thereof.
B. 1. Violation of these provisions shall be a misdemeanor and
upon conviction the person shall be fined Five Hundred Dollars
($500.00). Provided, any person cited for a first offense of a
violation of this section who has displayed a placard which has
expired pursuant to paragraph 4 or 5 of subsection D of Section 15112 of this title shall be entitled to dismissal of such charge and
shall not be required to pay the fine or court costs if the person
presents to the court within thirty (30) days of the issuance of the
citation a notice from Service Oklahoma that the person has obtained
a valid placard pursuant to the provisions of subsection D of
Section 15-112 of this title. Fines collected pursuant to this
section shall be distributed as follows:
a.
eighty percent (80%) to the general fund of the
municipality in which the citation was issued, subject
to the provisions of subsection C of Section 15-115 of
this title, and
b.
twenty percent (20%) to a dedicated fund established
by the Department of Public Safety for the
development, implementation and maintenance of a
system for the enforcement of the disability parking
provisions of this title through October 31, 2022.
Beginning November 1, 2022, these fines will be
distributed to a dedicated fund established by Service
Oklahoma for the development, implementation, and
maintenance of a system for the enforcement of the
disability parking provisions of this title.
2. In addition, vehicles unlawfully parked in violation of
these provisions shall be subject to immediate tow by a licensed tow
truck operator at the request of the landowner or a duly appointed
agent of the landowner, at the request of any person unable to
lawfully gain access to or move their vehicle, at the request of any
Oklahoma Statutes - Title 47. Motor Vehicles
person unable to lawfully gain access to the area blocked by the
unlawfully parked vehicle, or at the request of appropriate lawenforcement personnel. The owner of any vehicle unlawfully parked
in violation of these provisions shall pay any and all reasonable
and necessary costs associated with towing and storage of the
vehicle.
C. Upon the accumulation of the total necessary funds in the
Department of Public Safety Restricted Revolving Fund pursuant to
subsection B of this section, the Department of Public Safety shall
develop, implement, deploy and administer a database which
identifies all persons to whom disabled parking permits have been
issued. The database shall be available twenty-four (24) hours a
day to any person authorized by statute to enforce disabled parking
laws of this state, in order to verify the validity of a disabled
parking permit and the person to whom it is issued. Beginning
November 1, 2022, Service Oklahoma shall administer the database.
Added by Laws 1980, c. 146, § 1, eff. Oct. 1, 1980. Amended by Laws
1985, c. 149, § 1, emerg. eff. June 8, 1985; Laws 1995, c. 133, § 1,
emerg. eff. April 27, 1995; Laws 1997, c. 21, § 1, eff. Nov. 1,
1997; Laws 1999, c. 276, § 1, eff. Nov. 1, 1999; Laws 2003, c. 279,
§ 6, emerg. eff. May 26, 2003; Laws 2005, c. 165, § 1, emerg. eff.
May 11, 2005; Laws 2007, c. 62, § 14, emerg. eff. April 30, 2007;
Laws 2010, c. 302, § 8, emerg. eff. June 5, 2010; Laws 2012, c. 283,
§ 7, eff. July 1, 2012; Laws 2022, c. 282, § 95, emerg. eff. May 19,
2022.
§47-11-1007.1. Renumbered as § 15-115 of this title by Laws 2008,
c. 302, § 14, emerg. eff. June 2, 2008.
§47-11-1008. Renumbered as § 15-116 of this title by Laws 2008, c.
302, § 14, emerg. eff. June 2, 2008.
§47-11-1009. Parking on certain state property prohibited Procedure for enforcement and appeal.
A. No person shall place, stop, park, or stand any vehicle
including trailers or implements of husbandry, contrary to any
official sign reserving, restricting, or regulating the placing,
stopping, standing, or parking of a vehicle at any state building or
property, including grounds appurtenant thereto, within Oklahoma and
Tulsa Counties.
B. The Department of Public Safety shall be responsible for the
enforcement of subsection A of this section.
C. Any person violating the provisions of subsection A of this
section shall be subject to a civil fine. A violation shall be
indicated by the placing of a notice of such violation on the
windshield of the vehicle improperly placed, stopped, parked, or
standing.
Oklahoma Statutes - Title 47. Motor Vehicles
The notice shall be on a form prescribed by the Commissioner of
Public Safety. The civil fine for such violation shall be Five
Dollars ($5.00) if paid within ten (10) days from the date of the
violation and Twenty Dollars ($20.00) if paid after ten (10) days
from the date of the violation.
D. The fine shall be paid by mailing or personally delivering
the notice and a personal check or money order to cover the fine to
the Capitol Patrol Section of the Oklahoma Highway Patrol Division
of the Department of Public Safety. Provided, should the person
elect to object to the imposition of the fine and to have a hearing
on the violation, the person shall so indicate on the notice and
mail or present it to the Department of Public Safety, within ten
(10) days from the date of the notice of the violation, with a bond
by cash or money order equal to the amount of the fine pending the
outcome of the hearing. The bond may be used to pay the fine in the
event the determination of the hearing examiner upholds the
imposition of the civil fine. If no bond accompanies the request
for hearing, no hearing shall be granted. If the request for a
hearing is not made within ten (10) days from the date of the notice
of the violation, the person shall not be entitled to a hearing and
shall be subject to the civil fine prescribed in subsection C of
this section.
E. The request for a hearing shall be submitted to the
Department of Public Safety within ten (10) days from the date of
the notice of the violation, and the violation shall be set for
hearing before a hearing examiner appointed by the Commissioner.
The person requesting the hearing shall be notified of the time and
place of the hearing by the Department of Public Safety by mailing a
copy of the notice by regular mail to the address indicated on the
request for hearing. The hearing examiner may take evidence of the
violation and shall determine if there has been a violation of the
provisions of subsection A of this section. If it is determined
that there was a violation, the hearing examiner shall enforce the
fine indicated on the notice.
F. Any vehicle having outstanding fines against it may be
immobilized by use of a tire boot or may be impounded by the
Department of Public Safety. The vehicle may remain immobilized or
be retained by the Department pending the payment of all fines,
towing, and storage charges, and until the owner furnishes to the
Department proof of security or an affidavit that the vehicle is
insured by a policy of liability insurance or will not be used on
public highways or public streets, as required pursuant to Section
7-600 et seq. of this title. The State of Oklahoma shall have a
possessory lien against any vehicle which is found to have
outstanding fines against it until such fines are paid. The lien
may be foreclosed pursuant to the procedures provided for in
Sections 91 through 96 of Title 42 of the Oklahoma Statutes.
Oklahoma Statutes - Title 47. Motor Vehicles
G. All the monies generated from such fines shall be remitted
to the State Treasurer to be credited to the General Revenue Fund in
the State Treasury.
Added by Laws 1982, c. 195, § 1, operative July 1, 1982. Amended by
Laws 1983, c. 286, § 24, operative July 1, 1983; Laws 1987, c. 5, §
157, emerg. eff. March 11, 1987; Laws 1993, c. 153, § 1, eff. Sept.
1, 1993; Laws 1996, c. 219, § 1, eff. July 1, 1996; Laws 2002, c.
75, § 1, eff. Nov. 1, 2002.
§47-11-1010. Erection and maintenance of certain parking signs Window stickers and other parking identification.
A. The Department of Transportation in coordination with the
Department of Public Safety shall have the authority to erect and
maintain signs reserving, restricting or regulating the placing,
stopping, standing or parking of vehicles within the boundaries of
the following:
1. State Capitol Park; and
2. State Capitol Complex in Tulsa.
B. The Department of Public Safety may prepare and issue window
stickers or other means of identification except as provided in
Section 15.3 of Title 73 of the Oklahoma Statutes as the
Commissioner of Public Safety shall deem necessary for the
enforcement of this section, Section 11-1009 of this title and
Section 15.3 of Title 73 of the Oklahoma Statutes.
Added by Laws 1982, c. 195, § 2, operative July 1, 1982. Amended by
Laws 2003, c. 279, § 5, emerg. eff. May 26, 2003.
§47-11-1011. Renumbered as § 15.3 of Title 73 by Laws 1995, c. 288,
§ 3, eff. July 1, 1995.
§47-11-1012. Parking meters - Exemption.
In counties with a population over five hundred thousand
(500,000) according to the last decennial census, marked and
unmarked law enforcement vehicles or any vehicle which a law
enforcement officer is using in an official capacity shall be exempt
from paying a parking meter while parked on a city street.
Added by Laws 2002, c. 381, § 4, eff. July 1, 2002.
§47-11-1101. Unattended motor vehicle.
The person driving or in charge of a motor vehicle shall not
permit it to stand unattended without first stopping the engine, and
effectively setting the brake thereon and, when standing upon any
grade, turning the front wheels to the curb or side of the highway.
Laws 1961, p. 389, § 11-1101.
§47-11-1102.
Limitations on backing.
Oklahoma Statutes - Title 47. Motor Vehicles
No vehicle shall be backed upon any street or highway except for
such distance as may be necessary to permit the vehicle to enter the
proper driving lane from a parked position. Such backing shall be
done only after the driver of said vehicle has ascertained that such
movement can be made without endangering other traffic.
Laws 1961, p. 389, § 11-1102.
§47-11-1103. Motorcycles, motor-driven cycles, motorized scooters
or motorized bicycles - Restrictions on transporting other persons.
A. No person under the age of sixteen (16) years shall drive a
motorcycle, motor-driven cycle, motorized scooter, or motorized
bicycle on any highway of this state while transporting any other
person.
B. The operator of a motorcycle, motor-driven cycle, motorized
scooter, or motorized bicycle who has attained the age of sixteen
(16) years or older may carry a passenger if the vehicle has a wheel
diameter of twelve (12) inches or greater and is factory-designed
and equipped with either:
1. A double seating device with double foot rests; or
2. A sidecar attachment providing a separate seat space within
such sidecar attachment for each person riding therein so that such
person shall be seated entirely within the body of said sidecar.
C. No rider of a motorcycle, motor-driven cycle, motorized
scooter, or motorized bicycle shall hold to any moving vehicle for
the purpose of being propelled.
D. No driver of a motorcycle, motor-driven cycle, motorized
scooter, motorized bicycle, or electric-assisted bicycle shall pass
other vehicles between lanes of traffic traveling in the same
direction. This subsection shall not apply to the operator of an
authorized emergency vehicle.
Added by Laws 1961, p. 389, § 11-1103, eff. Sept. 1, 1961. Amended
by Laws 2003, c. 411, § 15, eff. Nov. 1, 2003; Laws 2004, c. 521, §
10, eff. Nov. 1, 2004; Laws 2019, c. 43, § 3, eff. Nov. 1, 2019.
§47-11-1104. Obstruction to driver's view or control - Overloading
school bus.
(a) No person shall drive a vehicle when it is so loaded, or
when there are in the front seat such a number of persons, exceeding
three, as to obstruct the view of the driver to the front or sides
of the vehicle or as to interfere with the driver's control over the
driving mechanism of the vehicle.
(b) No passenger in a vehicle shall ride in such position as to
interfere with the driver's view ahead or to the sides or to
interfere with his control over the driving mechanism of the
vehicle.
(c) No school bus shall be operated on the streets or highways
in this state when loaded with passengers in excess of the number
Oklahoma Statutes - Title 47. Motor Vehicles
for which such bus is designed to carry. The number of passengers
determined by the local school board which the bus is designed to
carry shall be posted in a conspicuous place on the bus.
Laws 1961, p. 389, § 11-1104; Laws 1967, c. 256, § 1.
§47-11-1105. Opening and closing vehicle doors.
No person shall open the door of a motor vehicle on the side
available to moving traffic unless and until it is reasonably safe
to do so, nor shall any person leave a door open on the side of a
vehicle available to moving traffic for a period of time longer than
necessary to load or unload passengers.
Added by Laws 1961, p. 389, § 11-1105, eff. Sept. 1, 1961.
§47-11-1106. Driving on mountain highways.
The driver of a motor vehicle traveling through defiles or
canyons or on mountain highways shall hold such motor vehicle under
control and as near the right-hand edge of the highway as reasonably
possible.
Laws 1961, p. 389, § 11-1106.
§47-11-1107. Coasting prohibited.
(a) The driver of any motor vehicle when traveling upon a down
grade shall not coast with the gears of such vehicle in neutral.
(b) The driver of any motor vehicle when traveling upon a down
grade shall not coast with the clutch disengaged.
Laws 1961, p. 389, § 11-1107.
§47-11-1108. Following fire apparatus and other emergency vehicles
prohibited.
(a) The driver of any vehicle other than one on official
business shall not follow any fire apparatus traveling in response
to a fire alarm closer than five hundred (500) feet or drive into or
park such vehicle within the block where fire apparatus has stopped
in answer to a fire alarm.
(b) The driver of any vehicle other than one on official
business shall not follow any emergency vehicle or shall not
purposely drive to any location on a highway where an emergency
exists which would interfere with the free movement of authorized
emergency vehicles or any other traffic using the highway at that
location. For the purpose of this subsection the definition of
emergency shall include traffic accidents, airplane accidents,
disasters, explosions, civil disturbances and (without limitation by
the foregoing) any other related circumstances which tend to cause
traffic congestion.
The purpose of this subsection is to eliminate sightseers and
other persons who do not have official business at the scene of an
Oklahoma Statutes - Title 47. Motor Vehicles
emergency, and whose presence would tend to cause traffic
congestion.
Laws 1961, p. 389, § 11-1108.
§47-11-1109. Crossing fire hose.
No vehicle shall be driven over any unprotected hose of a fire
department when laid down on any street or private driveway, to be
used at any fire or alarm of fire, without the consent of the fire
department official in command.
Laws 1961, p. 390, § 11-1109.
§47-11-1110. Destructive or injurious items on highways.
A. No person shall throw or deposit upon any highway any glass
bottle, glass, nails, tacks, wire, cans or any other substances
likely to injure any person, animal or vehicle upon such highway.
B. Any person who drops, or permits to be dropped or thrown,
upon any highway any destructive or injurious material shall
immediately remove the same or cause it to be removed.
1. Any person removing a wrecked or damaged vehicle from a
highway, highway right-of-way or any other location as the result of
an accident shall remove any glass or other injurious substance
dropped upon the highway or highway right-of-way or other location
from such vehicle. The owner or insurer of the owner of the vehicle
if the owner's insurance policy provides coverage for such expense,
shall be responsible for the cost of removal of the vehicle and the
glass or other injurious substance and any vehicle storage fees.
The cost of the removal of the vehicle and any storage fees shall be
the same as established by the Corporation Commission for
nonconsensual tows.
2. Truck-tractors carrying cargo on the roadways of this state
shall maintain a commercial auto, farm and ranch, inland marine or
cargo liability insurance policy that covers the costs of cleanup of
any substance that is spilled or otherwise deposited on the roadway
or right-of-way in violation of this section.
C. No person shall throw any substance at a standing vehicle or
any occupant thereof, nor shall any person throw any substance at a
person on or adjacent to a highway.
Added by Laws 1961, p. 390, § 11-1110, eff. Sept. 1, 1961. Amended
by Laws 1978, c. 153, § 1, eff. Oct. 1, 1978; Laws 1999, c. 285, §
2, emerg. eff. May 27, 1999; Laws 2001, c. 255, § 1, eff. July 1,
2001; Laws 2002, c. 133, § 1, eff. Nov. 1, 2002; Laws 2011, c. 355,
§ 10, eff. Nov. 1, 2011; Laws 2020, c. 123, § 1, eff. Nov. 1, 2020;
Laws 2021, c. 388, § 1, eff. Nov. 1, 2021.
§47-11-1111. Throwing or dropping object on or at moving vehicles.
A. No person shall willfully throw or drop any substance at a
moving vehicle or any occupant thereof.
Oklahoma Statutes - Title 47. Motor Vehicles
B. No person shall willfully throw or drop any object from a
bridge or overpass with intent to damage any property or injure any
person.
C. Any violation of subsection A or B of this section shall be
deemed a Class B4 felony offense and, upon conviction, shall be
punishable by imprisonment in the Department of Corrections for a
term of not more than ten (10) years, or by a fine not exceeding Ten
Thousand Dollars ($10,000.00), or by both such fine and
imprisonment.
Added by Laws 1978, c. 153, § 2, eff. Oct. 1, 1978. Amended by Laws
1997, c. 133, § 483, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c.
5, § 349, eff. July 1, 1999; Laws 2003, c. 368, § 1, eff. July 1,
2003; Laws 2025, c. 486, § 144, eff. Jan. 1, 2026.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 483 from July 1, 1998, to July 1, 1999.
§47-11-1112. Child passenger restraint system required for certain
vehicles - Exemptions.
A. Every driver, when transporting a child under eight (8)
years of age in a motor vehicle operated on the roadways, streets,
or highways of this state, shall provide for the protection of said
child by properly using a child passenger restraint system as
follows:
1. A child under four (4) years of age shall be properly
secured in a child passenger restraint system. Except as provided
in subsection G of this section, the child passenger restraint
system shall be rear-facing until the child reaches two (2) years of
age or until the child reaches the weight or height limit of the
rear-facing child passenger restraint system as allowed by the
manufacturer of the child passenger restraint system, whichever
occurs first; and
2. A child at least four (4) years of age but younger than
eight (8) years of age, if not taller than 4 feet 9 inches in
height, shall be properly secured in either a child passenger
restraint system or child booster seat.
For purposes of this section and Section 11-1113 of this title,
"child passenger restraint system" means an infant or child
passenger restraint system which meets the federal standards as set
by 49 C.F.R., Section 571.213.
B. If a child is eight (8) years of age or is taller than 4
feet 9 inches in height, a seat belt properly secured to the vehicle
shall be sufficient to meet the requirements of this section.
C. The provisions of this section shall not apply to:
1. The driver of a school bus, taxicab, moped, motorcycle, or
other motor vehicle not required to be equipped with safety belts
pursuant to state or federal laws;
2. The driver of an ambulance or emergency vehicle;
Oklahoma Statutes - Title 47. Motor Vehicles
3. The driver of a vehicle in which all of the seat belts are
in use;
4. The transportation of children who for medical reasons are
unable to be placed in such devices, provided there is written
documentation from a physician of such medical reason; or
5. The transportation of a child who weighs more than forty
(40) pounds and who is being transported in the back seat of a
vehicle while wearing only a lap safety belt when the back seat of
the vehicle is not equipped with combination lap and shoulder safety
belts, or when the combination lap and shoulder safety belts in the
back seat are being used by other children who weigh more than forty
(40) pounds. Provided, however, for purposes of this paragraph,
back seat shall include all seats located behind the front seat of a
vehicle operated by a licensed child care facility or church.
Provided further, there shall be a rebuttable presumption that a
child has met the weight requirements of this paragraph if at the
request of any law enforcement officer, the licensed child care
facility or church provides the officer with a written statement
verified by the parent or legal guardian that the child weighs more
than forty (40) pounds.
D. A violation of the provisions of this section shall be
admissible as evidence in any civil action or proceeding for damages
unless the plaintiff in such action or proceeding is a child under
sixteen (16) years of age.
In any action brought by or on behalf of an infant for personal
injuries or wrongful death sustained in a motor vehicle collision,
the failure of any person to have the infant properly restrained in
accordance with the provisions of this section shall not be used in
aggravation or mitigation of damages.
E. A person who is certified as a Child Passenger Safety
Technician and who in good faith provides inspection, adjustment, or
educational services regarding child passenger restraint systems
shall not be liable for civil damages resulting from any act or
omission in providing such services, other than acts or omissions
constituting gross negligence or willful or wanton misconduct.
F. Any person convicted of violating subsection A of this
section shall be punished by a fine of Fifty Dollars ($50.00) and
shall pay all court costs thereof. Revenue from such fine shall be
apportioned to the Department of Public Safety Restricted Revolving
Fund and used by the Oklahoma Highway Safety Office to promote the
use of child passenger restraint systems as provided in Section 111113 of this title. This fine shall be suspended and the court
costs limited to a maximum of Fifteen Dollars ($15.00) in the case
of the first offense upon proof of purchase or acquisition by loan
of a child passenger restraint system. Provided, the Department of
Public Safety shall not assess points to the driving record of any
person convicted of a violation of this section.
Oklahoma Statutes - Title 47. Motor Vehicles
G. A driver of a vehicle who has been rightfully issued a
detachable placard indicating physical disability under the
provisions of Section 15-112 of this title or a physically disabled
license plate under the provisions of Section 1135.1 or 1135.2 of
this title and valid letter of forward-facing exemption issued from
the Department of Public Safety shall be permitted to transport a
child passenger under four (4) years of age in a forward-facing
child passenger restraint system. The placard and forward-facing
exemption letter must be present in the vehicle to be in compliance.
Added by Laws 1983, c. 7, § 1, eff. Nov. 1, 1983. Amended by Laws
1987, c. 97, § 1; Laws 1988, c. 271, § 1, eff. March 1, 1989; Laws
1995, c. 225, § 1; Laws 2000, c. 99, § 1, eff. Nov. 1, 2000; Laws
2002, c. 55, § 1, eff. Nov. 1, 2002; Laws 2004, c. 40, § 1, emerg.
eff. March 31, 2004; Laws 2005, c. 361, § 1, eff. Nov. 1, 2005; Laws
2011, c. 335, § 8; Laws 2012, c. 283, § 8, eff. July 1, 2012; Laws
2013, 1st Ex. Sess., c. 11, § 2, emerg. eff. Sept. 10, 2013; Laws
2013, 1st Ex. Sess., c. 11, § 3, emerg. eff. Sept. 10, 2013; Laws
2015, c. 396, § 1, eff. Nov. 1, 2015; Laws 2017, c. 376, § 2, emerg.
eff. June 6, 2017.
NOTE: Laws 2009, c. 228, § 26 was held unconstitutional by the
Oklahoma Supreme Court in the case of Douglas v. Cox Retirement
Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed
by Laws 2013, 1st Ex. Sess., c. 11, § 1, emerg. eff. Sept. 10, 2013.
§47-11-1113. Child passenger restraint system education program.
The Oklahoma Highway Safety Office shall develop a program of
public education to promote the use of child passenger restraint
systems.
Added by Laws 1983, c. 7, § 2, eff. Nov. 1, 1983.
§47-11-1114. Allowing passenger to ride outside passenger
compartment.
A. No operator of a motor vehicle shall allow a passenger to
ride outside the passenger compartment of the vehicle on the
streets, highways or turnpikes of this state; provided, this section
shall not apply to persons so riding on private property or for
parades or special events nor shall this section apply to passengers
riding on the bed of a pickup truck.
B. Any person convicted of violating the provisions of
subsection A of this section shall be punished by a fine of Ten
Dollars ($10.00) and shall pay court costs of Fifteen Dollars
($15.00), provided the Department of Public Safety shall not assess
points to the driving record of any licensed or unlicensed person
convicted of a violation of this section.
Added by Laws 1991, c. 309, § 7, eff. July 1, 1991.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-11-1115. Railroad-highway grade crossings – Class A, B or C
commercial vehicles – When crossing prohibited.
At a railroad-highway grade crossing, a person operating a Class
A, B or C commercial motor vehicle shall not negotiate the crossing
if there is:
1. Insufficient space to drive completely through the crossing
without stopping; or
2. Insufficient clearance for the undercarriage of the vehicle.
Added by Laws 2002, c. 169, § 3, eff. Oct. 1, 2002.
§47-11-1116. Self-propelled or motor-driven and operated vehicles Golf carts, all-terrain, and utility vehicles - Operation on
streets, highways, and roadways within unincorporated areas.
A. The self-propelled or motor-driven and operated vehicles
described in this section shall be prohibited from operating or
shall be limited in operation on the streets and highways of this
state.
B. Self-propelled or motor-driven cycles, known and commonly
referred to as "minibikes" and other similar trade names, shall be
prohibited from operating on the streets and highways of this state,
except:
1. When used in a parade; or
2. When registered, as required by subsection E of Section 1151
of this title, and operated in this state by food vendor services
upon streets having a speed limit of thirty (30) miles per hour or
less.
All minibikes offered for sale in this state shall bear the
following notice to the customer: "This machine is not manufactured
or sold for operation on the public streets or highways. Since it
is not provided with equipment required by law for street or highway
use, all persons are cautioned that any operation of this vehicle
upon a public street or highway will be in violation of the motor
vehicle laws of this state and will subject the violator to arrest."
C. Golf carts and utility vehicles, as defined by Section 1102
of this title, shall not be operated on the streets and highways of
this state except:
1. Golf carts or utility vehicles owned by the Oklahoma Tourism
and Recreation Department, and operated by employees or agents of
the Department or employees of independent management companies
working on behalf of the Department, may be operated on the streets
and highways of this state during daylight hours or under rules
developed by the Oklahoma Tourism and Recreation Commission, when
the streets and highways are located within the boundaries of a
state park. The Department shall have warning signs placed at the
entrance and other locations at those state parks allowing golf
carts or utility vehicles to be operated on the streets and highways
of this state located within the boundaries of those state parks.
Oklahoma Statutes - Title 47. Motor Vehicles
The warning signs shall state that golf carts and utility vehicles
may be operating on streets and highways and that motor vehicle
operators shall take special precautions to be alert for the
presence of golf carts or utility vehicles on the streets and
highways;
2. The municipal governing body has adopted an ordinance
governing the operation of golf carts or utility vehicles on city
streets; provided, such ordinances shall include necessary vehicle
lighting and safety requirements;
3. Golf carts or utility vehicles may operate on state highways
only if making a perpendicular crossing of a state highway located
within the boundaries of a municipality which has adopted an
ordinance governing the operation of golf carts or utility vehicles;
4. The board of county commissioners of a county has approved
the operation of golf cart or utility vehicle traffic on roadways
within the county, and:
a.
the roadway has a posted speed limit of twenty-five
(25) miles per hour or less,
b.
the roadway is located in an unincorporated area, and
c.
appropriate signage, cautioning motorists of the
possibility of golf cart or utility vehicle traffic,
is erected by the board of county commissioners; or
5. Street-legal utility vehicles that are registered as a motor
vehicle pursuant to Section 1-171.1 of this title may be operated on
the streets and highways of this state and U.S. highways in counties
whose population is less than seventy-five thousand (75,000)
according to the latest Federal Decennial Census. Registered
street-legal utility vehicles may be operated on stretches of U.S.
highways with posted speed limits of fifty (50) miles per hour or
less in counties with a population of more than seventy-five
thousand (75,000) according to the latest Federal Decennial Census.
Provided, however, street-legal utility vehicles shall not be
operated on the National System of Interstate and Defense Highways.
D. All-terrain vehicles shall not be operated on the streets
and highways of this state, except:
1. On unpaved roads which are located within the boundaries of
any property of the Forest Service of the United States Department
of Agriculture;
2. On highways if:
a.
the vehicle needs to make a direct crossing of the
highway while the vehicle is traveling upon a
regularly traveled trail and needs to continue travel
from one area of the trail to another and, if the
vehicle comes to a complete stop, yields the right-ofway to all oncoming traffic that constitutes an
immediate hazard, and crosses the highway at an angle
of approximately ninety (90) degrees to the direction
Oklahoma Statutes - Title 47. Motor Vehicles
of the street or highway. This exception shall not
apply to divided highways or highways with a posted
speed limit of more than thirty-five (35) miles per
hour in the area of the crossing,
b.
the vehicle needs to travel on a highway in order to
cross a railroad track. In that event, the allterrain vehicle may travel for not more than three
hundred (300) feet on a highway to cross a railroad
track,
c.
the operator of the all-terrain vehicle making the
crossing at a highway has a valid driver license, and
d.
the operator of the vehicle makes a crossing on a
highway during daylight hours only;
3. On streets and highways within a municipality if the
municipal governing body has adopted an ordinance governing the
operation of golf carts, utility vehicles or all-terrain vehicles on
streets and highways within the municipality; or
4. On roadways within unincorporated areas of a county if those
roadways are not part of the state highway system or the National
System of Interstate and Defense Highways; provided, however, that
the driver is a licensed driver.
E. Mopeds, as defined by Section 1-133.2 of this title, may be
operated on the streets and highways of this state if:
1. The municipal governing body has adopted an ordinance
governing the operation of mopeds on city streets; provided, such
ordinances shall include necessary vehicle lighting and safety
requirements; or
2. The board of county commissioners of a county has approved
the operation of mopeds on roadways within the county, not including
roadways within a municipality.
Added by Laws 2004, c. 418, § 16, eff. July 1, 2004. Amended by
Laws 2008, c. 98, § 3, eff. July 1, 2008; Laws 2008, c. 402, § 1,
eff. Nov. 1, 2008; Laws 2011, c. 167, § 1; Laws 2013, c. 238, § 1,
eff. July 1, 2013; Laws 2014, c. 4, § 9, emerg. eff. April 2, 2014;
Laws 2019, c. 101, § 1, eff. Nov. 1, 2019; Laws 2019, c. 315, § 2,
eff. Nov. 1, 2019; Laws 2021, c. 328, § 2, emerg. eff. April 28,
2021; Laws 2025, c. 287, § 2, eff. Nov. 1, 2025.
NOTE: Laws 2013, c. 239, § 1 repealed by Laws 2014, c. 4, § 10,
emerg. eff. April 2, 2014.
§47-11-1117. All-terrain vehicle passenger restrictions - Penalties
and enforcement - Liability of parents or vehicle owners Applicability.
A. It shall be unlawful for a person less than eighteen (18)
years of age to operate or to be carried as a passenger upon an allterrain vehicle unless the person wears a crash helmet of a type
Oklahoma Statutes - Title 47. Motor Vehicles
which complies with standards established by 49 C.F.R., Section
571.218.
B. It shall be unlawful for the operator of an all-terrain
vehicle to carry a passenger unless that all-terrain vehicle has
been specifically designed by the manufacturer to carry passengers
in addition to the operator.
C. Fine and court costs for violating the provisions of this
section shall not exceed Twenty-five Dollars ($25.00). Any peace
officer of this state including, but not limited to, park rangers,
is authorized to enforce the provisions of this section. All monies
collected pursuant to a citation for a violation of this section
shall be deposited in the Oklahoma Tourism and Recreation Department
Revolving Fund for credit to the cost center of the state park or
public recreation area where such citation was issued.
D. Any parent, legal guardian or person having actual
responsibility for a person under eighteen (18) years of age, or who
is the owner of the all-terrain vehicle operated by a person under
eighteen (18) years of age, who knows, or should have known, that
the person operating the all-terrain vehicle is not in compliance
with the provisions of this section, shall be punishable according
to the provisions of subsection C of this section.
E. As used in this section, “all-terrain vehicle” means a
vehicle manufactured and used exclusively for off-highway use,
traveling on four or more non-highway tires, having a seat designed
to be straddled by the operator, and which is steered by the use of
handlebars.
F. “Recreational off-highway vehicle” means a vehicle
manufactured and used exclusively for off-highway use, traveling on
four or more non-highway tires, having non-straddle seating and
which is steered by a steering wheel.
G. The provisions of this section shall apply only to persons
operating all-terrain vehicles on public lands.
H. The provisions of this section shall not apply to persons
operating an all-terrain vehicle on privately owned property.
Added by Laws 2007, c. 124, § 1, eff. Nov. 1, 2007. Amended by Laws
2008, c. 98, § 4, eff. July 1, 2008; Laws 2011, c. 110, § 2, eff.
Nov. 1, 2011.
§47-11-1118. Forget-Me-Not Vehicle Safety Act - Short title.
This act shall be known and may be cited as the “Forget-Me-Not
Vehicle Safety Act”.
Added by Laws 2008, c. 343, § 1.
§47-11-1119. Definitions - Unattended child or vulnerable adult in
motor vehicle prohibited - Exception - Penalty.
A. As used in the Forget-Me-Not Vehicle Safety Act:
Oklahoma Statutes - Title 47. Motor Vehicles
1. “Person responsible for a child” means a custodial parent or
legal guardian of a child, or a person who has been directed or
authorized to supervise a child by that child’s custodial parent or
legal guardian;
2. “Unattended” means beyond a person’s direct ability to care
for or come to the aid of the unaccompanied person; and
3. “Motor vehicle” means the same as defined in Section 1-134
of Title 47 of the Oklahoma Statutes.
B. A person responsible for a child who is six (6) years of age
or younger, or a caretaker of a vulnerable adult as defined by
Section 10-103 of Title 43A of the Oklahoma Statutes, shall not
leave that child or vulnerable adult unattended in a motor vehicle
if the conditions, including, but not limited to, extreme weather,
inadequate ventilation, or hazardous or malfunctioning components
within the vehicle present a risk to the health or safety of the
unattended child or vulnerable adult.
C. It shall not be considered a violation of this section if
the child or vulnerable adult is accompanied in the motor vehicle by
a person at least twelve (12) years of age who is not mentally
incompetent as defined by Section 1-103 of Title 43A of the Oklahoma
Statutes.
D. Any person convicted of violating the provisions of this
section shall be guilty of a misdemeanor and shall be punished by:
1. A fine of not less than Fifty Dollars ($50.00) upon a first
conviction;
2. A fine of not less than One Hundred Dollars ($100.00) and
ordered to perform community service of not less than fifty (50)
hours upon a second conviction; and
3. A fine of not less than Two Hundred Dollars ($200.00) upon a
third or subsequent conviction, and the full record of that person's
convictions of the violations of this section shall be submitted to
the Department of Human Services for evaluation.
E. Any person convicted of violating the provisions of this
section who has left a child or vulnerable adult unattended in a
motor vehicle on the premises of any establishment which holds any
license for the sale of alcoholic beverages for consumption on the
premises pursuant to Section 521 of Title 37 of the Oklahoma
Statutes, and who has consumed any alcoholic beverage during the
period of time the child or vulnerable adult has been unattended,
shall be punished by a fine of not less than Five Hundred Dollars
($500.00).
F. Nothing in this section precludes prosecution under any
other provision of law.
Added by Laws 2008, c. 343, § 2.
§47-11-1120.
Removing a child from a vehicle - Immunity.
Oklahoma Statutes - Title 47. Motor Vehicles
A. A person shall be immune from civil liability for any damage
resulting from the forcible entry of a motor vehicle for the purpose
of removing a child from the motor vehicle if the person:
1. Determines the motor vehicle is locked or there is otherwise
no reasonable method for the child to exit the motor vehicle;
2. Has a good-faith belief that forcible entry into the motor
vehicle is necessary because the child is in imminent danger of
suffering harm if not immediately removed from the motor vehicle
and, based upon the circumstances known to the person at the time,
the belief is a reasonable one;
3. Has contacted the local law enforcement agency, the fire
department or the 911 emergency telephone service prior to forcibly
entering the motor vehicle;
4. Places a notice on the motor vehicle windshield with the
person's contact information, the reason the entry was made, the
location of the child and that the authorities have been notified;
5. Remains with the child in a safe location, out of the
elements but reasonably close to the motor vehicle, until law
enforcement, fire or other emergency responder arrives; and
6. Used no more force to enter the motor vehicle and remove the
child from the motor vehicle than is necessary under the
circumstances.
B. Nothing in this act shall affect the person's civil
liability if the person attempts to render aid to the child in
addition to what is authorized by this act.
Added by Laws 2015, c. 329, § 1, emerg. eff. May 18, 2015.
§47-11-1201. Effect of regulations.
A. It is a misdemeanor and punishable by a fine of not less
than One Dollar ($1.00) nor more than Twenty-five Dollars ($25.00)
for any person to do any act forbidden or fail to perform any act
required in this article. A conviction for the violation of any
offense in this article shall not be recorded on the driving record
of the person.
B. The parent or legal guardian of any child or the guardian of
any ward shall not authorize or knowingly permit any child or ward
to violate any of the provisions of this article.
C. Except as otherwise provided, the provisions of this article
shall apply whenever a bicycle or motorized scooter is operated upon
any highway or upon any path set aside for the exclusive use of
bicycles or motorized scooters.
Added by Laws 1961, p. 390, § 11-1201.
Amended by Laws 2004, c.
521, § 11, eff. Nov. 1, 2004.
§47-11-1202. Traffic laws apply to persons riding bicycles or
motorized scooters.
Oklahoma Statutes - Title 47. Motor Vehicles
Every person riding a bicycle or motorized scooter upon a
roadway shall be granted all of the rights and shall be subject to
all of the duties applicable to the driver of a vehicle by this
title, except as to special regulations in this article and except
to those provisions of this title which by their nature can have no
application.
Added by Laws 1961, p. 390, § 11-1202. Amended by Laws 2004, c.
521, § 12, eff. Nov. 1, 2004.
§47-11-1203. Riding on bicycle or motorized scooter.
A. A person operating a bicycle shall ride upon or astride a
permanent and regular attached seat.
B. No bicycle or motorized scooter shall be used to carry more
persons at one time than the number for which it is designed and
equipped.
Added by Laws 1961, p. 390, § 11-1203. Amended by Laws 2004, c.
521, § 13, eff. Nov. 1, 2004.
§47-11-1204. Clinging to vehicles.
No person riding upon any bicycle, motorized scooter, coaster,
roller skates, sled, or toy vehicle shall attach the same or himself
or herself to any vehicle upon a roadway.
Added by Laws 1961, p. 390, § 11-1204. Amended by Laws 2004, c.
521, § 14, eff. Nov. 1, 2004.
§47-11-1205. Riding on roadway, one-way street or highway.
A. Every person operating a bicycle or motorized scooter upon a
roadway at less than the normal speed of traffic at the time and
place and under the conditions then existing shall ride as close as
is safe to the right-hand curb or edge of the roadway, except under
any of the following situations:
1. When overtaking and passing another vehicle proceeding in
the same direction;
2. When preparing for a left turn at an intersection or into a
private road or driveway;
3. When reasonably necessary to avoid conditions and while
exercising due care, including but not limited to:
a.
fixed or moving objects,
b.
parked or moving vehicles,
c.
pedestrians or animals,
d.
surface hazards, or
e.
any time it is unsafe to continue along the right-hand
curb or edge of the roadway; and
4. When riding in the right-turn-only lane.
B. Any person riding a bicycle or motorized scooter upon a oneway street or highway with two or more marked lanes of travel may
Oklahoma Statutes - Title 47. Motor Vehicles
ride as close as is safe to the left-hand curb or edge of the street
or highway.
C. No person operating a bicycle or motorized scooter shall
pass other vehicles between lanes of traffic traveling in the same
direction.
D. Persons riding bicycles or motorized scooters upon a roadway
shall not ride more than two abreast except on paths or parts of
roadways set aside for the exclusive use of bicycles or motorized
scooters. Persons riding two abreast shall not impede the normal
and reasonable flow of traffic and, on a laned roadway, shall ride
within a single lane.
Added by Laws 1961, p. 390, § 11-1205, eff. Sept. 1, 1961. Amended
by Laws 1993, c. 301, § 3, eff. Sept. 1, 1993; Laws 2003, c. 411, §
16, eff. Nov. 1, 2003; Laws 2004, c. 521, § 15, eff. Nov. 1, 2004;
Laws 2006, c. 173, § 2, eff. July 1, 2006.
§47-11-1206. Carrying articles.
No person operating a bicycle or motorized scooter shall carry
any package, bundle or article which prevents the driver from
keeping at least one hand upon the handle bars.
Added by Laws 1961, p. 391, § 11-1206. Amended by Laws 2004, c.
521, § 16, eff. Nov. 1, 2004.
§47-11-1207.
2003.
Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1,
§47-11-1208. Overtaking and passing bicycle - Violations - Fines
and penalties.
A. When overtaking and passing a bicycle proceeding in the same
direction, a person driving a motor vehicle shall exercise due care
and:
1. If there is more than one lane for traffic proceeding in the
same direction, a motorist passing a cyclist shall move the vehicle
to the lane to the immediate left if the lane is available and
moving into the lane is reasonably safe, and the motorist shall not
move back into the travel lane until the vehicle is safely clear of
the overtaken person operating a bicycle;
2. If there is only one lane for traffic proceeding in the same
direction, shall not overtake or pass a bicycle at a distance of
less than three (3) feet between any part of the motor vehicle and
any part of the bicycle or its operator, and shall not move again to
the right side of the highway until the vehicle is safely clear of
the overtaken person operating a bicycle; or
3. May drive to the left of the center of the roadway,
including when a no-passing zone is marked as defined in Section 11307 of this title, to pass a person operating a bicycle only if the
roadway to the left of the center is unobstructed for a sufficient
Oklahoma Statutes - Title 47. Motor Vehicles
distance to permit the driver to pass the person operating the
bicycle safely and avoid interference with oncoming traffic. The
provisions of this paragraph do not authorize driving on the left
side of the center of the roadway when prohibited under Section 11303, 11-305 or 11-306 of this title.
B. Any person who violates the provisions of subsection A of
this section shall, upon conviction, be guilty of a misdemeanor
punishable by a fine of not more than One Hundred Dollars ($100.00).
Any second or subsequent conviction shall be a misdemeanor
punishable by a term of imprisonment in the county jail for a term
not to exceed thirty (30) days, or a fine of not less than One
Hundred Fifty Dollars ($150.00) nor more than Five Hundred Dollars
($500.00), or by both such fine and imprisonment.
C. Any person who violates the provisions of subsection A of
this section and the violation results in an accident causing
personal injury to another person shall, upon conviction, be guilty
of a misdemeanor punishable by a term of imprisonment in the county
jail for a term not to exceed three (3) months, or a fine of not
more than One Thousand Dollars ($1,000.00), or by both such fine and
imprisonment.
D. 1. Any person who violates the provisions of subsection A
of this section and the violation results in an accident causing
great bodily injury to another person shall, upon conviction, be
guilty of a misdemeanor punishable by imprisonment in the custody of
the county jail for a term not to exceed six (6) months, or by a
fine of not more than Three Thousand Dollars ($3,000.00), or by both
such fine and imprisonment.
2. As used in this subsection, "great bodily injury" means
bodily injury which creates a substantial risk of death or which
causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
E. Any person who violates the provisions of subsection A of
this section and the violation results in the death of another
person shall, upon conviction, be guilty of a misdemeanor punishable
by imprisonment in the custody of the county jail for a term not to
exceed one (1) year, or by a fine of not more than Five Thousand
Dollars ($5,000.00), or by both such fine and imprisonment.
F. A person may be charged under the provisions of this section
in addition to any other chargeable offense allowed by law.
Added by Laws 2006, c. 173, § 3, eff. July 1, 2006. Amended by Laws
2019, c. 348, § 1, eff. Nov. 1, 2019.
§47-11-1209. Electric-assisted bicycles and operators – Rights and
restrictions – Label requirements.
A. Except as specifically provided in this section, an
electric-assisted bicycle or an operator of an electric-assisted
Oklahoma Statutes - Title 47. Motor Vehicles
bicycle shall be afforded the rights and privileges and be subject
to all of the duties and provisions of this act.
B. An electric-assisted bicycle or a person operating an
electric-assisted bicycle is not subject to the Oklahoma statutory
provisions relating to financial responsibility, vehicle insurance,
driver licenses, vehicle registration or certificates of title.
C. On and after January 1, 2020, manufacturers and distributors
of electric-assisted bicycles shall apply a label that is
permanently affixed in a prominent location to each electricassisted bicycle. The label shall contain the classification
number, top assisted speed and motor wattage of the electricassisted bicycle, and it shall be printed in Arial font in at least
9-point type.
D. A person shall not tamper with or modify an electricassisted bicycle so as to change the motor-powered speed capability
or engagement of an electric-assisted bicycle, unless he or she
appropriately replaces the label indicating the classification
required in subsection C of this section.
E. An electric-assisted bicycle may be ridden where bicycles
are permitted to travel subject to the following provisions:
1. A Class 1, Class 2 or Class 3 electric-assisted bicycle may
be ridden on bicycle or multiuse paths where bicycles are permitted.
However, the local authority or state agency having jurisdiction
over a bicycle or multiuse path may prohibit the operation of Class
1, Class 2 or Class 3 electric-assisted bicycles on that path; and
2. This subsection shall not apply to a trail designated as
nonmotorized if such trail has a natural surface tread made by
clearing and grading the native soil with no added surfacing
materials. A local authority or state agency may regulate the use
of electric-assisted bicycles or any class thereof on such trails
that are under its jurisdiction.
F. The use of Class 3 electric-assisted bicycles shall be
subject to the following provisions:
1. No person under sixteen (16) years of age may operate a
Class 3 electric-assisted bicycle. A person under sixteen (16)
years of age may ride as a passenger on a Class 3 electric-assisted
bicycle that is designed to accommodate passengers.
2. All Class 3 electric-assisted bicycles shall be equipped
with a speedometer that is capable of displaying the speed the
electric-assisted bicycle is traveling in miles per hour.
G. An electric-assisted bicycle shall be considered a motor
vehicle to the extent required for compliance with 23 U.S.C.,
Section 154.
Added by Laws 2019, c. 43, § 4, eff. Nov. 1, 2019. Amended by Laws
2021, c. 398, § 1, eff. Nov. 1, 2021.
§47-11-1210.
Throwing objects at riders - Penalties.
Oklahoma Statutes - Title 47. Motor Vehicles
It shall be unlawful for any person to maliciously throw an
object at or in the direction of any person riding a bicycle, equine
or animal-drawn vehicle. Any person convicted of the provisions of
this section shall be guilty of a misdemeanor punishable by
imprisonment in the county jail for a term of not more than one (1)
year, or by a fine not to exceed Five Hundred Dollars ($500.00), or
by both such fine and imprisonment.
Added by Laws 2021, c. 449, § 2, eff. Nov. 1, 2021.
§47-11-1301. Driving through safety zones prohibited.
No vehicle shall at any time be driven through or within a
safety zone.
Laws 1961, p. 391, § 11-1301.
§47-11-1302. Maintenance and construction zones.
A. The Department of Transportation, Oklahoma Turnpike
Authority and any county or city in this state are hereby authorized
to close any highway or section thereof, within their respective
jurisdiction, to traffic while the highway is flooded or under
repair, maintenance or construction and, in exercising the
authority, shall erect or cause to be erected traffic-control
devices and barricades to warn and notify the public that the
highway has been closed to traffic.
B. When any highway has been closed to traffic under the
provisions of subsection A of this section and traffic-control
devices or barricades have been erected, it shall be unlawful for
any person to drive any vehicle through, under, over, or around the
traffic-control devices or barricades, or otherwise to enter the
closed area. The provisions of this subsection shall not apply to
persons while engaged in the construction, maintenance and repair of
the highway or to persons entering therein for the protection of
lives or property; provided, that persons having their places of
residence or places of business within the closed area may travel,
when possible to do so, through the area at their own risk.
C. Whenever construction, repair and maintenance of any highway
is being performed under traffic, the Oklahoma Turnpike Authority,
Department of Transportation, county or city having jurisdiction
over the highway shall erect, or cause to be erected, trafficcontrol devices to warn and guide the public. Each person using the
highway shall obey all signs, signals, markings, flagmen or other
traffic-control devices which are placed to regulate, control, and
guide traffic through the construction or maintenance area. As used
in this subsection, "construction or maintenance area" means any
area upon or around any highway that is visibly marked as an area
where construction, repair, and maintenance is temporarily
occurring. The construction or maintenance area also includes the
lanes of highway leading up to the area upon which an activity
Oklahoma Statutes - Title 47. Motor Vehicles
described in this section is being performed, beginning at the point
where properly posted traffic-control devices start to warn and
guide the public into and through the construction or maintenance
including, but not limited to, instructions to merge from one lane
into another lane, to reduce speed, or to follow directions of
flagmen.
D. The "Merge Now" traffic-control device that is used to warn
and guide the public using the highway to merge shall be located in
advance of the highway construction or maintenance area in
accordance with the standards set forth in the most current edition
of the Federal Highway Administration's Manual on Uniform Traffic
Control Devices. Whenever any traffic-control device requires
traffic to merge due to the closure of a section or lane of highway,
the merge shall be completed:
1. As soon as practicable after passing the traffic-control
device; and
2. Without passing any other traffic proceeding in the same
direction.
E. No person shall remove, change, modify, deface or alter any
traffic-control device or barricade which has been erected on any
highway under the provisions of this section.
F. Nothing in this section shall relieve the state or any of
its subdivisions or their contractors, agents, servants or employees
from liability for failure to perform any of the duties imposed
herein.
G. Except as provided in subsection H of this section, any
person who violates any provision of this section shall, upon
conviction, be guilty of a misdemeanor punishable by a fine of not
less than One Hundred Dollars ($100.00) nor more than One Thousand
Dollars ($1,000.00) or imprisonment in the county jail not to exceed
thirty (30) days, or both such fine and imprisonment, and shall be
liable for any damage to property, or injury to or death to persons
caused by the violations. In addition, the court may order
restitution in an amount equal to the actual costs of the emergency
response and repair or replacement of any damaged or lost emergency
equipment.
H. When any section of a highway, turnpike, county road or city
street has been closed to traffic due to flooding that is ongoing
and traffic-control devices or barricades have been erected by law
enforcement or other government officials with authority over
traffic control, it shall be unlawful for any person to tear down,
damage or remove any traffic-control devices or barricades or drive
any vehicle through, under, over or around the traffic-control
devices or barricades, or otherwise to enter the closed area. Any
person who violates the provisions of this subsection shall, upon
conviction, be guilty of a misdemeanor punishable by a fine of not
less than One Hundred Dollars ($100.00) nor more than One Thousand
Oklahoma Statutes - Title 47. Motor Vehicles
Dollars ($1,000.00). The person shall be guilty of a misdemeanor
punishable by a fine of not less than One Hundred Dollars ($100.00)
nor more than Two Thousand Five Hundred Dollars ($2,500.00) and
imprisonment in the county jail for not more than one (1) year if
the operator of the motor vehicle was transporting a person eighteen
(18) years of age or younger at the time of the violation.
Persons convicted pursuant to the provisions of this subsection
shall be ordered to pay restitution in an amount equal to the actual
costs of the emergency response and repair or replacement of any
damaged or lost emergency equipment. In addition, the person shall
be liable for any damage to property or injury or death to persons
caused by the violation.
Added by Laws 1961, p. 391, § 11-1302, eff. Sept. 1, 1961. Amended
by Laws 2004, c. 270, § 1, eff. Nov. 1, 2004; Laws 2005, c. 394, §
13, emerg. eff. June 6, 2005; Laws 2007, c. 59, § 1, eff. Nov. 1,
2007; Laws 2011, c. 257, § 1, emerg. eff. May 18, 2011; Laws 2016,
c. 344, § 1, emerg. eff. June 6, 2016; Laws 2018, c. 118, § 1, eff.
Nov. 1, 2018.
§47-11-1303. Endangerment of a highway worker.
A. A person shall be guilty of the offense of endangerment of a
highway worker if the person commits any of the following when the
act occurs within a maintenance or construction zone:
1. Exceeding the posted speed limit by fifteen (15) miles per
hour or more;
2. Failing to merge as required in subsection D of Section 111302 of Title 47 of the Oklahoma Statutes;
3. Failing to stop for a work-zone flagman or failing to obey
traffic-control devices that have been erected for purposes of
warning or guiding the public into and through the construction or
maintenance area;
4. Driving through or around a construction or maintenance area
by any lane not clearly designated to motorists for the flow of
traffic through or around the construction or maintenance area; or
5. Intentionally striking, moving or altering barrels,
barriers, signs, or other devices erected to control the flow of
traffic to protect highway workers and motorists in the construction
or maintenance area for a reason other than avoidance of an
obstacle, an emergency, or to protect the health and safety of an
occupant of the motor vehicle or of another person.
B. Upon conviction for committing the offense of endangerment
of a highway worker pursuant to subsection A of this section, if no
injury or death of a highway worker resulted from the offense, in
addition to any other penalty authorized by law, the person shall be
subject to a fine of not more than One Thousand Dollars ($1,000.00).
C. A person shall be deemed to commit the offense of aggravated
endangerment of a highway worker upon conviction for any offense
Oklahoma Statutes - Title 47. Motor Vehicles
pursuant to subsection A of this section when such offense occurs in
a construction or maintenance area and results in the injury or
death of a highway worker. Upon conviction for committing the
offense of aggravated endangerment of a highway worker, in addition
to any other penalty authorized by law, the person shall be subject
to a fine of not more than Five Thousand Dollars ($5,000.00) if the
offense resulted in injury to a highway worker and not more than Ten
Thousand Dollars ($10,000.00) if the offense resulted in the death
of a highway worker.
D. Except for the offense provided for in paragraph 5 of
subsection A of this section, no person shall be deemed to commit
the offense of endangerment of a highway worker except when the act
or omission constituting the offense occurred when one or more
highway workers were in the construction or maintenance area.
E. No person shall be cited or convicted for endangerment of a
highway worker or aggravated endangerment of a highway worker, for
any act or omission otherwise constituting an offense under
subsection A of this section, if such act or omission resulted, in
whole or in part, from mechanical failure of the vehicle of the
person or from the negligence of another person or a highway worker.
F. Upon the expiration of any contract for maintenance or
construction on a section of roadway, any increased fines or
penalties otherwise imposed by law shall not apply.
G. Any highway worker killed while working on a section of
highway after the effective date of this act shall have that mile of
road named in honor of their memory.
Added by Laws 2008, c. 291, § 1, eff. Nov. 1, 2008.
§47-11-1304. Operation Work Zone Awareness.
A. The Department of Public Safety is authorized to establish
Operation Work Zone Awareness. Operation Work Zone Awareness is a
program designed to educate the motoring public on the dangers of
committing moving violations while traveling in highway construction
work zones. The Department is authorized to develop and house on
its website an online work zone awareness presentation that may
include, but not be limited to, facts and figures representing the
dangers of motorists committing work zone moving violations,
testimonials from highway construction workers and their families,
information on the importance of awareness and slowing down in work
zones, and a question-and-answer section to ensure participants
understand and retain the information presented. The Department is
authorized to contract for the production, development, and
maintenance of the webpage through a vendor. The Department shall
maintain in its database a record of those completing the program.
B. Motorists receiving a citation for committing moving
violations within a work zone may receive information regarding an
invitation to participate in the Operation Work Zone Awareness
Oklahoma Statutes - Title 47. Motor Vehicles
program. A motorist who participates in and completes the online
program shall receive a certificate designed and issued by the
Department. Any person producing the certificate as proof in court
that the program was successfully completed shall be entitled to
dismissal of the fine. If proof of successful completion of the
program is presented to the court in person or electronically, no
later than the business day preceding the first scheduled court
appearance date, the dismissal shall be without payment of court
costs. The court may access information from the Department's
system to confirm completion of the program. Offenders may
participate in and complete the program a maximum of one time.
After completing the program, a motorist who receives another
citation in a work zone will be disqualified from utilizing the
program benefits a second time. If a motorist so chooses, he or she
may not participate in the program and instead pay the fine imposed
on the issued citation. Holders of commercial driver licenses cited
while driving a commercial motor vehicle are not eligible to
participate in the program.
C. Moving violations that qualify an offender to participate in
the Operation Work Zone Awareness program shall include, but not be
limited to, speeding, distracted driving, failure to move over,
failure to obey flagger, and failure to obey traffic control
devices. Motorists committing impaired driving offenses, as defined
in Title 47 of the Oklahoma Statutes, in work zones, including
driving under the influence, driving while intoxicated, driving
under the influence under twenty-one (21) years of age, or a
commercial driver license holder refusing a chemical test while
driving any vehicle, shall be disqualified from the program.
D. The fee paid by a motorist for his or her participation in
the Operation Work Zone Awareness program shall be Seventy-five
Dollars ($75.00) and shall be apportioned as follows:
1. Thirty-five Dollars ($35.00) to be deposited in the
Department of Public Safety Revolving Fund, created in Section 2144.1 of Title 47 of the Oklahoma Statutes, to be used for
maintenance of the Operation Work Zone Awareness program;
2. Fifteen Dollars ($15.00) to be deposited in the Department
of Public Safety Patrol Vehicle Revolving Fund created in Section 2143 of Title 47 of the Oklahoma Statutes; and
3. Twenty-five Dollars ($25.00) to be deposited in the Oklahoma
Court Information System Revolving Fund, created in Section 1315 of
Title 20 of the Oklahoma Statutes, to be used to offset expenses
related to this program.
The Department is authorized to determine the manner in which fees
may be paid.
Added by Laws 2022, c. 270, § 2, eff. Nov. 1, 2022.
§47-11-1401.
Unlawful acts - Signs - Violations.
Oklahoma Statutes - Title 47. Motor Vehicles
A. It shall be unlawful for any person to enter that part of a
turnpike enclosed by fence except in a vehicle at authorized
entrances.
B. It shall be unlawful for the driver of any vehicle to fail
to pay the toll as prescribed by the Oklahoma Turnpike Authority.
C. It shall be unlawful for any person to operate a vehicle on
a turnpike with knowledge that the registered owner of the vehicle
is liable for any outstanding toll evasion violations issued
pursuant to paragraph 7 of subsection B of Section 11-1401.2 of this
title.
D. It shall be unlawful for any person to cross a turnpike
except at grade separations provided for cross traffic or through
drainage structures under the turnpike.
E. It shall be unlawful for any person to travel a turnpike on
foot except to leave or service a disabled vehicle, or for any
person to hitchhike on a turnpike.
F. It shall be unlawful for any person to tear down, damage or
remove any turnpike fence.
G. It shall be unlawful to drive, operate or ride any bicycle
or other man-powered vehicle or means of transportation on a
turnpike. The Oklahoma Turnpike Authority may prohibit any light,
mechanically powered vehicle from entering the turnpike, or any
other vehicle it determines would be injurious to the turnpike
surfacing or would be a traffic hazard.
H. When any section of highway has been closed to traffic by
the Oklahoma Turnpike Authority and traffic-control devices or
barricades have been erected, it shall be unlawful for any person to
drive any vehicle through, under, over, or around the trafficcontrol devices or barricades, or otherwise to enter the closed
area.
I. Subsections A through H of this section shall not apply to:
1. Officers, employees, agents or contractors of the Oklahoma
Turnpike Authority in performance of their duties;
2. Commissioned officers of the Department of Public Safety;
3. Emergency vehicle operators at the request of the Department
of Public Safety; or
4. Agents, employees or contractors of public utilities while
actually engaged in work in furtherance of construction, maintenance
or repair of such public utilities located on, above or below a
turnpike.
J. It shall be unlawful for any vehicle, except:
1. Authorized emergency vehicles;
2. Vehicles owned by the Oklahoma Turnpike Authority, its
agents or contractors;
3. Vehicles owned by public utilities, their agents, employees
or contractors, while actually engaged in construction, maintenance
or repair of such public utilities; and
Oklahoma Statutes - Title 47. Motor Vehicles
4. Wrecker vehicles while performing services at the request of
the Department of Public Safety,
to cross the center dividing strip of a turnpike, or to travel on
any lane of a turnpike in a direction contrary to the direction of
traffic on such lane.
K. All vehicles traveling on a turnpike shall comply at all
times with signs placed on the turnpike regulating traffic thereon.
L. No vehicle shall move from one lane to another unless the
way is clear to do so and upon proper signaling.
M. Any person who violates any provision of this section shall,
upon conviction, be guilty of a misdemeanor and shall be punished as
provided in Section 17-101 of this title.
Added by Laws 1961, p. 391, § 11-1401, eff. Sept. 1, 1961. Amended
by Laws 1991, c. 309, § 8, eff. July 1, 1991; Laws 1993, c. 303, §
1; Laws 2001, c. 202, § 2, eff. Nov. 1, 2001; Laws 2008, c. 319, §
5, eff. Nov. 1, 2008; Laws 2009, c. 95, § 1, eff. Nov. 1, 2009; Laws
2021, c. 243, § 1, eff. Nov. 1, 2021.
§47-11-1401.1. Oklahoma Electronic Toll Collection Act - Short
title.
This act shall be known and may be cited as the "Oklahoma
Electronic Toll Collection Act".
Added by Laws 1997, c. 278, § 1, emerg. eff. May 27, 1997.
§47-11-1401.2. Oklahoma Electronic Toll Collection Act Definitions - Imposition of toll evasion violation penalties.
A. For purposes of this section:
1. "Authority" means the Oklahoma Turnpike Authority;
2. "Department" means the Department of Public Safety;
3. "Electronic toll collection system" means a system of
collecting tolls or charges which is capable of charging an account
holder the appropriate toll or charge by transmission of information
from an electronic device on a motor vehicle to the toll lane, which
information is used to charge the account the appropriate toll or
charge;
4. "Owner" means any person, corporation, partnership, firm,
agency, association, or organization who, at the time of the
violation and with respect to the vehicle identified in the notice
of toll evasion violation:
a.
is the beneficial or equitable owner of the vehicle,
b.
has title to the vehicle,
c.
is the registrant or coregistrant of the vehicle which
is registered with Service Oklahoma or a similar
registering agency of any other state, territory,
district, province, nation or other jurisdiction,
d.
uses the vehicle in its vehicle renting businesses, or
Oklahoma Statutes - Title 47. Motor Vehicles
e.
is a person entitled to the use and possession of a
vehicle subject to a security interest in another
person;
5. "Photo-monitoring system" means a vehicle sensor installed
to work in conjunction with a toll collection facility which
automatically produces one or more photographs, one or more
microphotographs, a videotape or other recorded images of each
vehicle at the time it is used or operated on the turnpikes under
the Authority's jurisdiction;
6. "Toll collection regulations" means those rules and
regulations of the Oklahoma Turnpike Authority or statutes providing
for and requiring the payment of tolls and/or charges prescribed by
the Authority for the use of turnpikes under its jurisdiction or
those rules and regulations of the Authority or statutes making it
unlawful to refuse to pay or to evade or to attempt to evade the
payment of all or part of any toll and/or charge for the use of
turnpikes under the jurisdiction of the Authority;
7. "Toll evasion violation" means a failure to comply with the
Authority's toll collection regulations, including the failure to
pay an invoice submitted by the Authority via its video toll
collection system;
8. "Vehicle" means every device in, upon or by which a person
or property is or may be transported or drawn upon a highway, except
devices used exclusively upon stationary rails or tracks;
9. "Video toll collection system" means a photo-monitoring
system used to charge and collect tolls from owners of vehicles
imaged using the turnpike system. The owner of a vehicle imaged by
the photo-monitoring system may or may not be an Authority account
holder; and
10. "Video toll collection system account" means the
administrative assignment of all vehicles registered to an owner to
an account for efficient billing of the appropriate toll or charge
to an owner.
B. 1. Notwithstanding any other provision of law, there shall
be imposed monetary liability on the owner of a vehicle for failure
of an operator thereof to comply with the toll collection
regulations of the Oklahoma Turnpike Authority in accordance with
the provisions of this section.
2. An owner's vehicle shall be registered with Service Oklahoma
or a similar registering agency of this state or any other state,
territory, district, province, nation or other jurisdiction that
permits access to owner registration information upon request by or
agreement with the Authority for the purpose of carrying out the
Authority's governmental functions. If a registering agency does
not permit access to the Authority, an owner may comply by direct
registration with the Authority.
Oklahoma Statutes - Title 47. Motor Vehicles
3.
a.
The owner of a vehicle shall be liable for a civil
penalty imposed pursuant to this section if the
vehicle was used or operated with the permission of
the owner, express or implied, in violation of the
toll collection regulations, and such violation is
evidenced by information obtained from a photomonitoring system.
b.
No owner of a vehicle shall be liable for a penalty
imposed pursuant to this section where the operator of
the vehicle has been convicted of failing to pay a
cash toll, in violation of toll collection
regulations, for the same incident.
c.
An owner or operator of a vehicle is subject to a
charge by the Department or other law enforcement
agency for an owner's failure to timely pay an invoice
for tolls and/or charges submitted by the Authority
through its video toll collection system.
4. A certificate, sworn to or affirmed by an agent of the
Authority, or facsimile thereof, based upon inspection of
photographs, microphotographs, videotape or other recorded images
produced by a photo-monitoring system shall be prima facie evidence
of the facts contained therein and shall be admissible in any
proceeding charging a violation of toll collection regulations. The
photographs, microphotographs, videotape or other recorded images
evidencing such a violation shall be available for inspection and
admission into evidence in any proceeding to adjudicate the
liability for the violation. Each photo-monitoring system shall be
checked bimonthly for accuracy, and shall be maintained, adjusted or
replaced if necessary to ensure the systems are operating properly.
5. An owner found liable for a violation of toll collection
regulations pursuant to this section shall be liable for a monetary
penalty of Twenty-five Dollars ($25.00) for each violation.
Liability for this monetary penalty does not abrogate an owner's
obligation to pay toll charges associated with the violation, and
the Authority may pursue collection of such unpaid toll charges
pursuant to this section.
6. An imposition of liability pursuant to this section shall be
based upon a preponderance of evidence as submitted. An imposition
of liability pursuant to this section shall not be deemed a
conviction as an operator and shall not be made part of the motor
vehicle operating record of the person upon whom such liability is
imposed nor shall it be used for insurance purposes in the provision
of motor vehicle insurance coverage.
7.
a.
A notice of toll evasion violation shall be sent by
regular first-class mail to each person alleged to be
liable as an owner for a violation of toll collection
regulations. The notice shall be mailed no later than
Oklahoma Statutes - Title 47. Motor Vehicles
b.
c.
d.
forty-five (45) days after the alleged violation. A
manual or automatic record of mailing prepared in the
ordinary course of business shall be prima facie
evidence of the receipt of the notice.
A notice of toll evasion violation shall contain the
name and address of the person alleged to be liable as
an owner for a violation of toll collection
regulations pursuant to this section, the registration
or the license tag number of the vehicle involved in
the violation, the location where the photo-monitoring
system recorded the vehicle's image, the date and time
of the image, the identification number of the photomonitoring system which recorded the image or other
document locator number and the nature of the
violation.
Notice of toll evasion violation shall be prepared and
mailed by the Authority or its agents and shall
contain information advising the person of the
applicable monetary penalty and method of payment
thereof and the manner and the time in which the
person may contest the liability alleged in the
notice. The notice of toll evasion violation shall
contain, or be accompanied with, an affidavit of
nonliability and information of what constitutes
nonliability, information as to the effect of
executing the affidavit and instructions for returning
the affidavit to the Authority and shall also contain
a warning to advise the persons charged that failure
to contest in the manner and time provided shall be
deemed an admission of liability and that the penalty
shall be imposed and may be collected as authorized by
law. In addition to the notice required by
subparagraph a of this paragraph, the Authority may
elect to send a subsequent notice of toll evasion
violation by certified mail or other comparable form
of private or public delivery service. Such notice
shall contain a statement to the registered owner
that, unless the registered owner pays the toll
evasion penalty or contests the notice within twentyone (21) days after receipt of the certified mail
notice of toll evasion violation or completes and
files the affidavit of nonliability, the renewal of
the vehicle registration shall be contingent upon
compliance with the notice of toll evasion violation.
If the toll evasion penalty is received by the
Authority and there is no contest as to that toll
Oklahoma Statutes - Title 47. Motor Vehicles
e.
8.
a.
evasion violation, the proceedings under this section
shall terminate.
If the registered owner fails to pay the toll evasion
penalty as required in this section, or fails to
contest the notice of toll evasion violation issued
pursuant to subparagraph c of this paragraph as
provided in subparagraph a of paragraph 8 of this
subsection, the registered owner shall be deemed
liable for the violation by operation of law. The
toll evasion penalty and any administrative fees or
charges shall be considered a debt due and owing the
Authority by the registered owner and the Authority
may proceed to collect such penalty, fees or charges
under paragraph 10 of this subsection.
Within twenty-one (21) days after receipt of a notice
of toll evasion violation a person may contest a
notice of toll evasion violation. In that case, the
Authority shall do the following:
(1) the Authority shall investigate the circumstances
of the notice with respect to the contestant's
written explanation of reasons for contesting the
toll evasion violation. If, based upon the
results of the investigation, the Authority is
satisfied that the violation did not occur or
that the registered owner was not responsible for
the violation, the Authority shall maintain an
adequate record of the findings of the
investigation. Within thirty (30) days of
receipt of a notice of contest the Authority
shall complete such investigation and mail the
results of the investigation to the person who
contested the notice of toll evasion violation,
and
(2) if the person contesting a notice of toll evasion
violation is not satisfied with the results of
the investigation provided for in division (1) of
this subparagraph, the person may, within fifteen
(15) days of the mailing of the results of the
investigation, deposit the amount of the toll
evasion penalty and request an administrative
review. An administrative review shall be held
within ninety (90) calendar days following the
receipt of a request for an administrative
review, excluding any continuance time. The
person requesting the review may request and
shall be allowed one continuance, not to exceed
twenty-one (21) calendar days.
Oklahoma Statutes - Title 47. Motor Vehicles
b.
The administrative review procedure shall consist of
the following:
(1) the person requesting an administrative review
shall indicate to the Authority his or her
election for a review by mail or personal
conference and may provide materials in support
of the contest of the results of the
investigation,
(2) upon ten (10) days' written notice mailed to the
contestant, the administrative review shall be
conducted before an examiner designated to
conduct review by the Authority's governing body
or Director of the Oklahoma Turnpike Authority.
In addition to any other requirements of
employment, an examiner shall demonstrate those
qualifications, training, and objectivity
prescribed by the Authority's governing body or
Director as are necessary and which are
consistent with the duties and responsibilities
set forth in this section and Section 11-1401.1
et seq. of this title,
(3) the officer or person authorized to issue a
notice of toll evasion violation shall be
required to participate in an administrative
review. The Authority shall not be required to
produce any evidence other than the notice of
toll evasion violation or copy thereof, a
photograph of the rear of the vehicle,
information received from Service Oklahoma
identifying the registered owner of the vehicle,
and a notarized statement from the person
reporting the violations. The documentation in
proper form shall be considered prima facie
evidence of the violation, and
(4) the review shall be conducted in accordance with
paragraph 6 of this subsection and in accordance
with the written procedure established by the
Authority which shall ensure fair and impartial
review of contested toll evasion violations. The
examiner's final decision shall be in writing and
shall be delivered personally or by registered
mail to the contestant within ten (10) days of
the review. A manual or automatic record of
mailing prepared in the ordinary course of
business shall be prima facie evidence of the
receipt of such decision.
Oklahoma Statutes - Title 47. Motor Vehicles
9.
a.
Within twenty (20) days after receipt of the final
decision described in division (4) of subparagraph b
of paragraph 8 of this subsection, the contestant may
seek review by filing an appeal to the district court
having jurisdiction in the county in which the
contestant lives, where the same shall be heard on the
record. A copy of the notice of appeal shall be
served in person or by first-class mail upon the
Authority by the contestants. For purposes of
computing the twenty-day period, the Code of Civil
Procedure, Section 2006 of Title 12 of the Oklahoma
Statutes, shall be applicable.
b.
The conduct of the hearing on appeal under this
section is a subordinate judicial duty which may be
performed by referees, masters or other subordinate
judicial officials at the direction of the district
court.
c.
If no notice of appeal of the Authority's decision is
filed within the period set forth in subparagraph a of
this paragraph, the examiner's decision shall be
deemed final.
10. Except as otherwise provided in paragraphs 11 and 12 of
this subsection, the Authority shall proceed under one or more of
the following options to collect an unpaid toll evasion penalty:
a.
the Authority may file an itemization of unpaid toll
evasion penalties and administrative and service fees
with the Commission for collection at the time of
registration of the vehicle pursuant to paragraph 19
of this subsection, or
b.
the Authority may contract with a collection agency to
collect unpaid toll evasion penalties, fees, and
charges.
11. The Authority shall not file a civil judgment with the
district court relating to a toll evasion violation which has been
filed with Service Oklahoma unless the Authority has determined that
the registration of the vehicle has not been renewed for sixty (60)
days beyond the renewal date and the notice has not been mailed by
Service Oklahoma pursuant to paragraph 19 of this subsection.
12. If an owner receives a notice of toll evasion violation
pursuant to this paragraph for any time period during which the
vehicle was reported to the police department as having been stolen,
it shall be a valid defense to an allegation of liability for a
violation of toll collection regulations that the vehicle had been
reported to the police as stolen prior to the time the violation
occurred and had not been recovered by such time. If an owner
receives a notice of toll evasion violation pursuant to this
paragraph for any time period during which the vehicle was stolen,
Oklahoma Statutes - Title 47. Motor Vehicles
but not yet reported to the police as having been stolen, it shall
be a valid defense to an allegation of liability for a violation of
toll collection regulations pursuant to this paragraph that the
vehicle was reported as stolen within two (2) hours after the
discovery of the theft by the owner. For purposes of asserting the
defense provided by this subsection it shall be sufficient that a
certified copy of the police report of the stolen vehicle be sent by
first-class mail to the Authority and the district court having
jurisdiction.
13. Subject to the review procedures contained in paragraph 8
of this subsection, an owner of a vehicle to which a notice of toll
evasion violation was issued pursuant to paragraph 7 of this
subsection shall not be liable for the violation of the toll
collection regulations provided that the owner sends to the
Authority the affidavit of nonliability described in paragraph 7 of
this subsection, within twenty-one (21) days after receiving the
original notice of toll evasion violation. Failure to send such
information within the time period shall render the owner liable for
the penalty prescribed by this section.
14. In connection with the preparation and mailing of a notice
of toll evasion violation, the Authority shall ensure adequate and
timely notice to all video toll collection system and electronic
toll collection system account holders to inform them when their
accounts are delinquent. An owner who is an account holder under
the video toll collection system or electronic toll collection
system shall not be found liable for a violation of this section
unless the Authority has first sent a notice of delinquency to the
account holder and the account holder was in fact delinquent at the
time of the violation.
15. Nothing in this section shall be construed to limit the
liability of an operator of a vehicle for any violation of toll
collection laws or regulations.
16. Notwithstanding any other provision of law, all
photographs, microphotographs, videotape or other recorded images
prepared pursuant to this section shall be for the exclusive use of
the Authority in the discharge of its duties under this section and
shall not be open to the public nor be used in any court in any
action or proceeding pending therein unless the action or proceeding
relates to:
a.
the imposition of or indemnification for liability
pursuant to this section, or
b.
an investigation or prosecution for a criminal
violation of the laws of the State of Oklahoma. Such
records shall be available to a law enforcement
officer or law enforcement agency for law enforcement
purposes related to an investigation or prosecution of
a criminal violation of the laws of the State of
Oklahoma Statutes - Title 47. Motor Vehicles
Oklahoma pursuant to a duly issued search warrant,
subpoena, or order of the court requiring such
disclosure to a law enforcement officer or agency.
17. The Authority shall not sell, distribute or make available
in any way, the names and addresses of video toll collection system
and electronic toll collection system account holders or Authority
patrons, without the consent of the account holders or patrons, to
any entity that will use the information for any commercial purpose.
18. a.
Except as provided in subparagraph c of this
paragraph, Service Oklahoma shall refuse to renew the
registration of any vehicle if the registered owner or
lessee has been mailed by certified mail a notice of
toll evasion violation as provided in subparagraph c
of paragraph 7 of this subsection, the Authority has
transmitted to Service Oklahoma an itemization of
unpaid toll evasion penalties, including
administrative fees, pursuant to paragraph 10 of this
subsection, and the toll evasion penalty and
administrative fee have not been paid pursuant to
paragraph 9 of this subsection, unless the full amount
of all outstanding toll evasion penalties and
administrative fees, as shown by records of Service
Oklahoma are paid to Service Oklahoma at the time of
application for renewal.
b.
The Authority shall issue a notice of disposition of
toll evasion violation to a lessor, if the lessor
provides the Authority with the name, address, and
driver license number of the lessee at the time of the
occurrence of the toll evasion violation.
c.
Service Oklahoma shall renew the registration of any
vehicle if the applicant provides Service Oklahoma
with the notice of disposition of toll evasion
violation issued pursuant to subparagraph b of this
paragraph for clearing all outstanding toll evasion
penalties, fees and assessments, as shown by the
records of Service Oklahoma, and the applicant has met
all other requirements for registration.
19. Service Oklahoma shall include on each vehicle registration
renewal notice issued for use at the time of renewal, or on an
accompanying document, an itemization of unpaid toll evasion
penalties, fees and assessments, showing the amount thereof and the
date of toll evasion relating thereto, which the registered owner or
lessee is required to pay pursuant to paragraph 18 of this
subsection.
20. a.
Except as provided in subparagraph b of this
paragraph, Service Oklahoma shall remit all toll
evasion penalties, fees and assessments collected,
Oklahoma Statutes - Title 47. Motor Vehicles
after deducting the administrative fee authorized by
paragraph 21 of this subsection, for each notice of
toll evasion violation for which toll evasion
penalties, fees and assessments have been collected
pursuant to paragraph 18 of this subsection, to the
Authority. Within forty-five (45) days from the time
penalties, fees and assessments are paid to Service
Oklahoma, Service Oklahoma shall inform the Authority
which of its notices of toll evasion violation have
been collected.
b.
For each notice of toll evasion violation for which
toll evasion penalties, fees and assessments have been
collected by Service Oklahoma pursuant to paragraph 17
of this subsection, the Authority is due an amount
equal to the sum of the unpaid toll, administrative
fees, other costs incurred by the Authority that are
related to toll evasion, process service fees, and
fees and collection costs related to civil debt
collection. After deducting Service Oklahoma's
administrative fee authorized by paragraph 21 of this
subsection, Service Oklahoma shall promptly pay to the
Authority the amounts due the Authority for unpaid
tolls, administrative fees, other costs incurred by
the Authority that are related to toll evasion,
process service fees, and fees and collection costs
related to civil debt collection.
21. Service Oklahoma shall assess a fee for the recording of
the notice of toll evasion violation, which is given to Service
Oklahoma pursuant to paragraph 10 of this subsection, in an amount,
as determined by Service Oklahoma, that is sufficient to provide a
total amount equal to at least its actual costs of administering
paragraphs 18, 19 and 22 of this subsection.
22. Whenever a vehicle is transferred or not renewed for two
renewal periods and the former registered owner or lessee of the
vehicle owes a toll evasion penalty and administrative fees for a
notice of toll evasion violation filed with Service Oklahoma
pursuant to paragraph 10 of this subsection, Service Oklahoma shall
notify the Authority of that fact and is not required thereafter to
attempt collection of the toll evasion penalty and administrative
fees.
This legislation shall not be construed to affect in any way the
power which the Oklahoma Turnpike Authority possesses to establish
tolls and other charges in connection with their turnpike
facilities, including the authority to establish a one-way toll
collection system for any of its facilities or a toll discount
structure for certain classes of patrons using any of its
facilities.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1997, c. 278, § 2, emerg. eff. May 27, 1997. Amended
by Laws 2012, c. 43, § 1, emerg. eff. April 16, 2012; Laws 2013, c.
15, § 28, emerg. eff. April 8, 2013; Laws 2015, c. 129, § 1, eff.
Nov. 1, 2015; Laws 2016, c. 79, § 1, eff. Nov. 1, 2016; Laws 2021,
c. 243, § 2, eff. Nov. 1, 2021; Laws 2022, c. 282, § 96, emerg. eff.
May 19, 2022.
NOTE: Laws 2012, c. 132, § 1 repealed by Laws 2013, c. 15, § 29,
emerg. eff. April 8, 2013.
§47-11-1402. Enforcement of laws – Costs – Authority of other
entities.
A. Except as otherwise provided in this section, enforcement of
both traffic laws and the general laws of the State of Oklahoma on
the turnpikes shall be the exclusive authority of the Department of
Public Safety, and the cost thereof shall be borne by the Oklahoma
Turnpike Authority. Provided that the Authority shall be liable
only for such costs as may be agreed to by it under contract or
agreement with the Commissioner of Public Safety.
B. Upon a written request by the Department of Wildlife
Conservation to the Commissioner of Public Safety, the Department of
Public Safety, upon the approval of the Commissioner of Public
Safety, may enter into a written agreement with the Department of
Wildlife Conservation permitting the Department of Wildlife
Conservation to perform on the turnpikes of this state those law
enforcement duties specified in the agreement. The request by the
Department of Wildlife Conservation must be acted upon by the
Commissioner within sixty (60) days of receiving such request. The
costs of performing those law enforcement duties shall be the
responsibility of the Department of Wildlife Conservation and no
costs shall be the responsibility of the Oklahoma Turnpike Authority
or the Department of Public Safety.
C. On the turnpikes, the Oklahoma State Bureau of Investigation
shall have the authority to investigate and enforce all laws
relating to any crime listed in Section 571 of Title 57 of the
Oklahoma Statutes.
Added by Laws 1961, p. 392, § 11-1402, eff. Sept. 1, 1961. Amended
by Laws 2003, c. 461, § 14, eff. July 1, 2003; Laws 2004, c. 418, §
17, eff. July 1, 2004; Laws 2008, c. 365, § 1, eff. Nov. 1, 2008;
Laws 2015, c. 397, § 4, eff. Nov. 1, 2015.
§47-11-1403. Agreements as to law enforcement - Equipment - Charges
- Payments - Funds.
The Commissioner of Public Safety and the Oklahoma Turnpike
Authority are hereby authorized to enter into contracts and
agreements for law enforcement on turnpikes. The Department of
Public Safety is authorized to use any of its automotive and other
equipment in policing turnpikes, and to charge the Authority for the
Oklahoma Statutes - Title 47. Motor Vehicles
use thereon on a rental basis to be agreed to by the Department and
the Authority, and to perform such services in connection with
policing turnpikes with its general personnel and equipment at such
rates, salaries, expenses, and miscellaneous costs as may be agreed
to by the Department and the Authority. It is the intent of this
section that rental rates and other costs of policing turnpikes
shall be determined on an average actual cost basis, and in
accordance with salaries and expenses paid by the Department of
Public Safety in its regular operations. Payments shall be made by
the Authority monthly and shall be remitted to the Department of
Public Safety to be credited to the Department of Public Safety
Restricted Revolving Fund in the State Treasury. Such monies shall
be expended for vehicles, equipment, personnel and other operating
expenses for turnpike enforcement.
Added by Laws 1961, p. 393, § 11-1403, eff. Sept. 1, 1961. Amended
by Laws 1979, c. 47, § 15, emerg. eff. April 9, 1979; Laws 1983, c.
286, § 25, operative July 1, 1983; Laws 1987, c. 5, § 158, emerg.
eff. March 11, 1987; Laws 1988, c. 290, § 15, operative July 1,
1988; Laws 2001, c. 133, § 4, emerg. eff. April 24, 2001; Laws 2012,
c. 283, § 9, eff. July 1, 2012.
§47-11-1404. Flashing and signal lights.
Vehicles or equipment owned by the Oklahoma Transportation
Authority, its agents or contractors, and public utilities, and
engaged in maintenance or emergency operations, shall be equipped
with such flashing and signal lights as may be prescribed by this
title or by federal regulation, pursuant to 49 C.F.R., Section
571.108.
Added by Laws 1961, p. 393, § 11-1404, eff. Sept. 1, 1961. Amended
by Laws 2002, c. 397, § 23, eff. Nov. 1, 2002.
§47-11-1405.
Repealed by Laws 2008, c. 319, § 9, eff. Nov. 1, 2008.
§47-12-101. Driving or permitting to be driven vehicle with unsafe
or missing equipment - Other forbidden acts - Exceptions relating to
requirements for equipment - Rules - Definitions.
A. It shall be a misdemeanor, upon conviction, punishable as
provided in Section 17-101 of this title, for any person:
1. To drive or move, or for the owner to cause or permit to be
driven or moved on any highway, any vehicle or combination of
vehicles which:
a.
is known to be in such unsafe condition as to endanger
any person,
b.
is known not to contain those parts required by this
chapter,
Oklahoma Statutes - Title 47. Motor Vehicles
c.
is not at all times equipped with such lamps and other
equipment in proper condition and adjustment as
required in this chapter, or
d.
is known to be equipped in any manner in violation of
this chapter;
2. To do any act forbidden under this chapter; or
3. To fail to perform any act required under this chapter.
B. Nothing contained in this chapter shall be construed to
prohibit on any vehicle:
1. Equipment required by the United States Department of
Transportation pursuant to 49 C.F.R., Chapter V; or
2. The use of additional parts and accessories which are not
inconsistent with provisions of this chapter.
C. The provisions of Article II et seq. of this chapter with
respect to equipment on vehicles shall not apply to implements of
husbandry, road machinery, road rollers, farm tractors, motorcycles
as defined in Section 12-601 of this title, or vehicles designed to
be moved solely by animal or human power, except as specifically
made applicable in this chapter.
D. Any specific requirement of this chapter with respect to
equipment on any vehicle, other than a bicycle, shall not apply if
the vehicle was lawfully designed and manufactured without such
equipment; provided, the provisions of this chapter shall apply to
any homemade vehicle or any vehicle constructed from a kit or from
plans.
E. Low-speed and medium-speed electrical vehicles which are in
compliance with the equipment requirements in 49 C.F.R., Section
571.500 shall be deemed to be in compliance with the provisions of
this chapter.
F. The provisions of this chapter shall not apply to vehicles
registered in Oklahoma as antique or classic vehicles pursuant to
Sections 1105 and 1135.1 of this title and rules promulgated
pursuant thereto.
G. The Commissioner of Public Safety may promulgate rules
regarding vehicle equipment and standards for vehicle equipment
required to maintain such equipment in safe condition and in
compliance with this chapter.
H. Any person producing proof within forty-eight (48) hours
that a condition or equipment for which the person was cited as
defective, missing, prohibited, improper, unauthorized or otherwise
in violation of this chapter has been remedied by the person shall
be entitled to dismissal of such charge without assessment of court
costs.
I. As used in this chapter:
1. "Lamp" means an electrical device producing artificial
illumination by use of one or more lights, each light of which
Oklahoma Statutes - Title 47. Motor Vehicles
performs the same function or separate functions as required by this
chapter;
2. "Lightweight vehicle" means a motor vehicle that has a
manufacturer’s gross vehicle weight rating of ten thousand (10,000)
pounds or less, other than:
a.
a vehicle that is being used to transport passengers
for hire, or
b.
a vehicle that is being used to transport hazardous
materials of a type or quantity that requires the
vehicle to be marked or placarded under 49 C.F.R.,
Section 177.823;
3. "Nighttime" or "night" means any time from one-half (1/2)
hour after sunset to one-half (1/2) hour before sunrise; and
4. “Passenger car” means a motor vehicle designed for carrying
ten persons, including the driver, or less except a low-speed or
medium-speed electrical vehicle or motorcycle, as defined in Section
12-601 of this title.
Added by Laws 1961, p. 393, § 12-101, eff. Sept. 1, 1961. Amended
by Laws 1993, c. 13, § 2, emerg. eff. March 24, 1993; Laws 2001, c.
243, § 3, eff. Nov. 1, 2001; Laws 2003, c. 411, § 17, eff. Nov. 1,
2003; Laws 2004, c. 5, § 44, emerg. eff. March 1, 2004; Laws 2005,
c. 50, § 4, eff. Nov. 1, 2005; Laws 2007, c. 62, § 15, emerg. eff.
April 30, 2007; Laws 2008, c. 302, § 2, emerg. eff. June 2, 2008.
NOTE: Laws 2003, c. 199, § 9 repealed by Laws 2004, c. 5, § 45,
emerg. eff. March 1, 2004.
§47-12-101.1. Sale of improperly equipped vehicle - Improper
equipping or operation of improperly equipped vehicle.
A. Unless previously disclosed through written documentation,
no person shall knowingly have for sale, sell, or offer for sale any
vehicle to be operated on the highways of this state unless it is
equipped as required by this chapter.
B. No person shall knowingly equip or operate on the highways
of this state any vehicle with equipment unless it complies with the
requirements of this chapter.
Added by Laws 2003, c. 411, § 19, eff. Nov. 1, 2003.
§47-12-101.2. Construction of act - Severability.
This act shall be liberally construed so as to effectuate the
purposes stated herein. The provisions of this chapter shall be
severable and if any phrase, clause, sentence or provision of this
chapter is declared to be invalid or to be preempted by federal law
or regulation, the validity of the remainder of this chapter shall
not be affected thereby, and the remaining provisions shall be in
full force and effect.
Added by Laws 2003, c. 411, § 20, eff. Nov. 1, 2003. Amended by
Laws 2005, c. 50, § 5, eff. Nov. 1, 2005.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-12-102. Renumbered as § 12-428 of this title by Laws 2003, c.
411, § 85, eff. Nov. 1, 2003.
§47-12-201. Proper display of lamps and other signal devices Adoption of federal specifications and standards.
A. The United States Department of Transportation
specifications and standards for headlamps, auxiliary driving lamps,
tail lamps, signal lamps, reflectors, and other lighting equipment
and signal devices, pursuant to 49 C.F.R., Section 571.108, are
hereby adopted by the State of Oklahoma.
B. Except as otherwise provided in this chapter and subject to
exceptions for parked vehicles, every vehicle upon a highway within
this state shall properly display all lamps and illuminating devices
as required by law:
1. At any time from one-half (1/2) hour after sunset to onehalf (1/2) hour before sunrise, also referred to in this chapter as
nighttime; and
2. At any other time when, due to insufficient light or
unfavorable atmospheric conditions, persons and vehicles on the
highway are not clearly discernible at a distance of one thousand
(1,000) feet or less.
C. All lamps required by this chapter shall display a steady
light except as otherwise prescribed by this chapter. Any required
individual lamp may be combined or incorporated with any other
required individual lamp if the combined or incorporated lamps meet
all of the individual lighting requirements of this chapter for each
individual lamp contained therein.
D. No lamp, other than a headlamp, displayed on any vehicle
shall project a glaring light; provided, every headlamp shall comply
with Section 12-222 of this title.
Added by Laws 1961, p. 394, § 12-201, eff. Sept. 1, 1961. Amended
by Laws 1992, c. 57, § 1, eff. Sept. 1, 1992; Laws 1993, c. 255, §
1, eff. Sept. 1, 1993; Laws 2003, c. 411, § 21, eff. Nov. 1, 2003;
Laws 2005, c. 50, § 6, eff. Nov. 1, 2005.
§47-12-202. Visibility distance and mounted height of lamps.
A. Any requirement of this chapter as to distance from which
certain lamps and devices shall render objects visible, or within
which such lamps or devices shall be visible, shall apply during the
times stated in subsection B of Section 12-201 of this title in
respect to a vehicle without load when upon a straight, level,
unlighted highway, under normal atmospheric conditions unless a
different time or condition is expressly stated.
B. Any requirement of this chapter as to the mounted height of
lamps or devices shall mean from the center of such lamp or device
Oklahoma Statutes - Title 47. Motor Vehicles
to the level ground upon which the vehicle stands when such vehicle
is without a load.
Added by Laws 1961, p. 394, § 12-202. Amended by Laws 2003, c. 411,
§ 22, eff. Nov. 1, 2003.
§47-12-203. Head lamps on motor vehicles.
A. Every motor vehicle shall be equipped with at least two
headlamps emitting a white light with at least one lamp on each side
of the front of the motor vehicle on the same level and as far apart
as practicable. The headlamps shall comply with the requirements
and limitations set forth in this chapter.
B. Every headlamp upon every motor vehicle shall be located at
a height of not more than fifty-four (54) inches nor less than
twenty-two (22) inches to be measured as set forth in subsection B
of Section 12-202 of this title.
C. The headlamps on motor vehicles shall be so arranged that
the driver may select at will between distributions of light
projected to different elevations and such lamps may, in addition,
be so arranged that such selection can be made automatically,
subject to the following limitations:
1. There shall be an uppermost distribution of light, or
composite beam, so aimed and of such intensity as to reveal persons
and vehicles at a distance of at least six hundred (600) feet ahead
for all conditions of loading;
2. There shall be a lowermost distribution of light, or
composite beam, so aimed and of sufficient intensity to reveal
persons and vehicles at a distance of at least two hundred (200)
feet ahead; and
3. On a straight, level road under any condition of loading
none of the high-intensity portion of the beam shall be directed to
strike the eyes of an approaching driver.
D. Every motor vehicle which has multiple-beam road-lighting
equipment shall be equipped with a beam indicator, which shall be
lighted whenever the uppermost distribution of light from the
headlamps is in use, and shall not otherwise be lighted.
Added by Laws 1961, p. 394, § 12-203, eff. Sept. 1, 1961. Amended
by Laws 1996, c. 18, § 1, eff. Nov. 1, 1996; Laws 2003, c. 411, §
23, eff. Nov. 1, 2003.
§47-12-203.1. Number of driving lamps required or permitted.
A. At all times specified in subsection B of Section 12-201 of
this title, at least two lighted headlamps shall be displayed, one
on each side at the front of every motor vehicle, except when such
vehicle is parked subject to the regulations governing lights on
parked vehicles, as provided in Section 12-214 of this title.
B. Whenever a motor vehicle equipped with headlamps as herein
required is also equipped with any auxiliary driving lamps or a spot
Oklahoma Statutes - Title 47. Motor Vehicles
lamp or any other lamp on the front thereof projecting a beam of
intensity greater than three hundred (300) candlepower, not more
than a total of four of any such lamps on the front of a vehicle
shall be lighted at any one time when upon a highway.
C. The driver of any vehicle shall comply with the provisions
of Section 12-217 of this title regarding the use of alternate
headlamp equipment.
Added by Laws 1961, p. 401, § 12-226. Amended by Laws 2003, c. 411,
§ 43, eff. Nov. 1, 2003. Renumbered from Title 47, § 12-226 by Laws
2003, c. 411, § 85, eff. Nov. 1, 2003.
§47-12-203.2. Use of distribution of light or composite beam
lighting equipment.
Whenever a motor vehicle is being operated on a roadway, or
shoulder adjacent thereto, during the times specified in subsection
B of Section 12-201 of this title, the driver shall use a
distribution of light, or composite beam, directed high enough and
of sufficient intensity to reveal persons and vehicles at a safe
distance in advance of the vehicle, subject to the following
requirements and limitations:
1. Whenever a driver of a vehicle approaches an oncoming
vehicle within one thousand (1,000) feet, such driver shall use a
distribution of light, or composite beam, so aimed that the glaring
rays are not projected into the eyes of the oncoming driver. The
lowermost distribution of light, or composite beam, specified in
paragraph 2 of subsection C of Section 12-203 of this title shall be
deemed to avoid glare at all times, regardless of road contour and
loading.
2. Whenever the driver of a vehicle follows another vehicle
within six hundred (600) feet to the rear, such driver shall use a
distribution of light permissible under this chapter other than the
uppermost distribution of light specified in paragraph 1 of
subsection C of Section 12-203 of this title.
Added by Laws 1961, p. 400, § 12-222. Amended by Laws 2003, c. 411,
§ 39, eff. Nov. 1, 2003. Renumbered from Title 47, § 12-222 by Laws
2003, c. 411, § 85, eff. Nov. 1, 2003.
§47-12-203.3. Headlamps with single distribution of light - Farm
tractors and certain other motor vehicles.
Headlamps arranged to provide a single distribution of light
shall be permitted on farm tractors and motor vehicles manufactured
and sold prior to September 1, 1962, in lieu of multiple-beam roadlighting equipment herein specified if the single distribution of
light complies with the following requirements and limitations:
1. The headlamps shall be so aimed that when the vehicle is not
loaded none of the high-intensity portion of the light shall at a
distance of twenty-five (25) feet ahead project higher than a level
Oklahoma Statutes - Title 47. Motor Vehicles
of five (5) inches below the level of the center of the lamp from
which it comes, and in no case higher than forty-two (42) inches
above the level on which the vehicle stands at a distance of
seventy-five (75) feet ahead.
2. The intensity shall be sufficient to reveal persons and
vehicles at a distance of at least three hundred (300) feet.
Added by Laws 1961, p. 401, § 12-223. Amended by Laws 2003, c. 411,
§ 40, eff. Nov. 1, 2003. Renumbered from Title 47, § 12-223 by Laws
2003, c. 411, § 85, eff. Nov. 1, 2003.
§47-12-203.4. Lighting equipment upon motor vehicles operated below
certain speed.
Any motor vehicle operated at a speed of twenty (20) miles per
hour or less may be operated under the conditions specified in
subsection B of Section 12-201 of this title when equipped with two
lighted lamps upon the front thereof capable of revealing persons
and objects one hundred (100) feet ahead in lieu of lamps required
in Section 12-203 or 12-203.3 of this title.
Added by Laws 1961, p. 401, § 11-225, eff. Sept. 1, 1961.
Renumbered from § 11-225 of this title by Laws 2000, c. 189, § 13,
eff. July 1, 2000. Amended by Laws 2003, c. 411, § 42, eff. Nov. 1,
2003. Renumbered from § 12-225 of this title by Laws 2003, c. 411,
§ 85, eff. Nov. 1, 2003. Amended by Laws 2005, c. 50, § 7, eff.
Nov. 1, 2005.
§47-12-204. Tail lamps.
A. Every motor vehicle, trailer, semitrailer and pole trailer,
and any vehicle which is being drawn at the end of a combination of
vehicles, shall be equipped with at least two tail lamps mounted on
the rear, on the same level and as widely spaced laterally as
practicable which, when lighted, shall emit a red light visible from
a distance of one thousand (1,000) feet to the rear; provided that,
in the case of a combination of vehicles, only the tail lamp on the
rearmost vehicle need actually be seen from the distance specified.
B. Every tail lamp upon every vehicle shall be located at a
height of not more than seventy-two (72) inches nor less than
fifteen (15) inches.
C. Any tail lamps shall be lighted whenever the clearance lamps
and:
1. Headlamps;
2. Combination of headlamps and auxiliary driving lamps, as
defined in Section 12-217 of this title; or
3. Fog lamps, as defined in Section 12-217 of this title,
are lighted.
Added by Laws 1961, p. 394, § 12-204. Amended by Laws 2003, c. 411,
§ 24, eff. Nov. 1, 2003.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-12-204.1. Lamps illuminating rear license plate.
A. No more than two separate lamps with a white light shall be
so constructed and placed as to illuminate the rear license plate
and render it clearly legible from a distance of fifty (50) feet to
the rear.
B. Any separate lamp or lamps for illuminating the rear license
plate, shall be lighted whenever the clearance lamps and:
1. Headlamps;
2. Combination of headlamps and auxiliary driving lamps, as
defined in Section 12-217 of this title; or
3. Fog lamps, as defined in Section 12-217 of this title, are
lighted.
C. The operation of a vehicle upon which the license plate is
surrounded or framed, partially or in whole, by any additional lamp
or lamps or otherwise lighted by any additional lamp or lamps, shall
be a violation of this section. In addition, display and visibility
of the rear license plate shall be in compliance with paragraph 2 of
subsection A of Section 1113 of this title.
Added by Laws 2003, c. 411, § 25, eff. Nov. 1, 2003. Amended by
Laws 2005, c. 50, § 8, eff. Nov. 1, 2005.
§47-12-205. Reflectors.
A. Every motor vehicle, trailer, semitrailer, and pole trailer
shall carry on the rear, either as a part of the tail lamps or
separately, at least two red reflectors meeting the requirements of
this section; provided, that vehicles described in Section 12-208 of
this title shall be equipped with reflectors as required in Sections
12-208 and 12-211 of this title.
B. Every such reflector shall be mounted on the vehicle at a
height not less than fifteen (15) inches nor more than seventy-two
(72) inches measured as set forth in subsection B of Section 12-202
of this title, and shall be of such size and characteristics and so
mounted as to be visible at night from all distances within six
hundred (600) feet to one hundred (100) feet from such vehicle when
directly in front of lawful lower beams of headlamps, except as
required in Sections 12-211, 12-215 and 12-216 of this title.
Added by Laws 1961, p. 394, § 12-205. Amended by Laws 2003, c. 411,
§ 26, eff. Nov. 1, 2003.
§47-12-206. Stop lamps.
A. Every vehicle shall be equipped with at least two stop lamps
which shall meet the requirements of this section.
B. The stop lamps required by this section:
1. Shall be mounted on the rear of the vehicle at the same
level, as far apart as practicable, and at a height of not more than
seventy-two (72) inches nor less than fifteen (15) inches;
Oklahoma Statutes - Title 47. Motor Vehicles
2. Shall display a red or amber light, or any shade of color
between red and amber, visible from a distance of not less than five
hundred (500) feet to the rear in normal sunlight; and
3. Shall be actuated upon application of the brakes.
C. If so equipped in its original design and manufacture, every
motor vehicle shall be additionally equipped with a center highmounted stop lamp located on the vertical center line above the
level of the stop lamps described in this section which shall
display a red light, visible from a distance of not less than five
hundred (500) feet to the rear in normal sunlight, and which shall
be actuated upon application of the brakes.
Added by Laws 1961, p. 395, § 12-206. Amended by Laws 2003, c. 411,
§ 27, eff. Nov. 1, 2003.
§47-12-206.1. Turn signal lamps.
A. Every vehicle shall be equipped with turn signal lamps that
flash for the purpose of indicating the intention to turn either to
the left or to the right.
B. The flashing turn signal lamps required by this section:
1. Shall show to the front and rear of the vehicle;
2. On the front of the vehicle, shall be located on the same
level, as widely spaced laterally as practicable, at a height of not
more than seventy-two (72) inches nor less than fifteen (15) inches,
and when in use shall display a white or amber light, or any shade
of color between white and amber, visible from a distance of not
less than five hundred (500) feet to the front in normal sunlight;
and
3. On the rear of the vehicle, shall be located at the same
level and as widely spaced laterally as practicable, at a height of
not more than seventy-two (72) inches nor less than fifteen (15)
inches, and when in use shall display a red or amber light, or any
shade of color between red and amber, visible from a distance of not
less than five hundred (500) feet to the rear in normal sunlight.
C. A truck-tractor need not be equipped with turn signal lamps
mounted on the rear if the turn signals at the front are so
constructed and so located that they meet the requirements for
double-faced turn signals that meet the standards of the Society of
Automotive Engineers (SAE).
Added by Laws 2003, c. 411, § 28, eff. Nov. 1, 2003.
§47-12-207.
Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003.
§47-12-208. Vehicles of certain width - Clearance lamps - Side
marker lamps - Reflectors.
A. In addition to other equipment required in this chapter,
every vehicle, except truck-tractors and pole trailers, which is
eighty (80) inches or more in overall width shall be equipped:
Oklahoma Statutes - Title 47. Motor Vehicles
1. On the front, with two amber clearance lamps, one at each
side located at the same level and as widely spaced laterally and as
near the top as practicable;
2. On the rear, with two red clearance lamps, one at each side
located at the same level and as widely spaced laterally and as near
the top as practicable; provided, trailers or semitrailers are not
required to comply with this paragraph;
3. On each side, with two side marker lamps, one at the front
amber in color and one at the rear red in color. The marker lamps
shall be located at the same level and as widely spaced laterally
and as near the top as practicable, but not less than fifteen (15)
inches above the surface of the road;
4. On each side, with one intermediate amber side marker lamp,
at or near the midpoint between the front and rear side marker
lamps, but not less than fifteen (15) inches above the surface of
the road. Provided, any vehicle less than thirty (30) feet in
overall length is not required to comply with this paragraph;
5. On each side, with two reflex reflectors, one at the front
amber in color and one at the rear red in color. The reflex
reflectors shall be located at the same level and as widely spaced
laterally and as near the top as practicable, but not less than
fifteen (15) inches above the surface of the road; and
6. On each side, with one intermediate amber side reflex
reflector, at or near the midpoint between the front and rear side
reflex reflectors, but not less than fifteen (15) inches nor more
than (60) inches above the surface of the road. Provided, any
vehicle less than thirty (30) feet in overall length is not required
to comply with this paragraph.
B. In addition to other equipment required in this chapter,
every truck-tractor shall be equipped on the front, with two amber
clearance lamps, one at each side located at the same level and as
widely spaced laterally and as near the top as practicable.
C. In addition to other equipment required in this chapter,
every pole trailer shall be equipped:
1. On each side, with one red or amber side marker lamp and one
amber clearance lamp, which may be in combination, to show to the
front, side and rear; and
2. On the rear of the pole trailer or load, with two red reflex
reflectors, one at each side located at the same level and as widely
spaced laterally and as near the top as practicable, but not less
than fifteen (15) inches above the surface of the road; provided,
any load overhang of four (4) feet or more shall be lighted in
compliance with Section 12-213 of this title.
D. Any required red reflector on the rear of a vehicle may be
incorporated with the tail lamp, but such reflector shall meet all
the other reflector requirements of this chapter.
Oklahoma Statutes - Title 47. Motor Vehicles
E. In addition to other equipment required in this chapter, any
motor vehicle eighty (80) inches or more in overall width shall be
equipped with:
1. Three identification lamps showing to the front which shall
emit an amber light; and
2. Three identification lamps showing to the rear which shall
emit a red light.
Such lamps shall be placed horizontally in a row between the
clearance lamps on the vertical center line of the vehicle.
Added by Laws 1961, p. 395, § 12-208. Amended by Laws 2003, c. 411,
§ 29, eff. Nov. 1, 2003.
§47-12-209.
Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003.
§47-12-210.
Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003.
§47-12-211. Visibility of reflectors, clearance lamps and marker
lamps.
A. Every reflector upon any vehicle referred to in Section 12208 of this title shall be of such size and characteristics and so
maintained as to be readily visible at nighttime from all distances
within six hundred (600) feet to one hundred (100) feet from the
vehicle when directly in front of lawful lower beams of headlamps.
B. Front and rear clearance lamps shall be visible at nighttime
from a distance of one thousand (1,000) feet from the front and
rear, respectively, of the vehicle.
C. Side marker lamps shall be visible at nighttime from a
distance of one thousand (1,000) feet from the sides of the vehicles
on which mounted.
Added by Laws 1961, p. 396, § 12-211. Amended by Laws 2003, c. 411,
§ 30, eff. Nov. 1, 2003.
§47-12-212.
Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003.
§47-12-213. Lamps, reflectors, and flags on projecting load.
A. Whenever the load upon any vehicle extends to the rear four
(4) feet or more beyond the bed or body of such vehicle, there shall
be displayed at the extreme rear end of the load, at the time
specified in subsection B of Section 12-201 of this title:
1. Two red lights and two red reflectors positioned to indicate
maximum width; and
2. One red light facing to each side positioned to indicate
maximum overhang.
The required lights and reflectors may be mounted in combination
at each side of the vehicle and shall be visible from a distance of
one thousand (1,000) feet.
Oklahoma Statutes - Title 47. Motor Vehicles
B. At any other time on any such vehicle, there shall be
displayed at the extreme rear end of such load red flags not less
than twelve (12) inches square marking the extremities of such load
at each point where a lamp would otherwise be required by this
section.
Added by Laws 1961, p. 396, § 12-213. Amended by Laws 2003, c. 411,
§ 31, eff. Nov. 1, 2003.
§47-12-214. Lamps on parked or stopped motor vehicles.
A. Whenever a motor vehicle or combination of vehicles is
parked or stopped, whether attended or unattended, upon a roadway or
shoulder adjacent thereto, and there is not sufficient light to
reveal the parked or stopped vehicle to the operator of another
vehicle within a distance of one thousand (1,000) feet upon such
roadway or shoulder, such vehicle so parked or stopped shall display
the following:
1. At least two lamps displaying a white or amber light visible
from a distance of one thousand (1,000) feet to the front of the
vehicle; and
2. At least two lamps displaying a red light visible at a
distance of one thousand (1,000) feet to the rear of the vehicle.
B. Subsection A of this section shall not apply to:
1. A vehicle parked or stopped on a street or highway with
designated on-street parking or with a speed limit of twenty-five
(25) miles per hour or less:
a.
when the vehicle is positioned as close as practicable
to the outer edge of the roadway or of the shoulder,
if present, or
b.
unless the street or highway is posted as a no-parking
area;
2. A vehicle which has lost the ability to display lamps and
the vehicle is parked or stopped off the roadway;
3. A vehicle which is disabled, unattended, and parked or
stopped off the roadway; or
4. An authorized emergency vehicle of a law enforcement agency,
when such vehicle is parked or stopped on the shoulder.
C. Any lighted headlamps upon a parked or stopped vehicle shall
be lower beams.
Added by Laws 1961, p. 397, § 12-214. Amended by Laws 2003, c. 411,
§ 32, eff. Nov. 1, 2003.
§47-12-215. Lamps on farm tractors - Farm equipment and implements
of husbandry.
A. Every farm tractor and every self-propelled farm equipment
unit or implement of husbandry not equipped with an electric
lighting system shall at all times, as mentioned in Section 12-201
of this title, be equipped with at least one lamp displaying a white
Oklahoma Statutes - Title 47. Motor Vehicles
light visible when lighted from a distance of not less than five
hundred (500) feet to the front of such vehicle and shall also be
equipped with at least one lamp displaying a red light visible when
lighted from a distance of not less than five hundred (500) feet to
the rear of such vehicle.
B. Every self-propelled unit of farm equipment not equipped
with an electric lighting system shall at all times, as mentioned in
Section 12-201 of this title, in addition to the lamps required in
subsection A of this section, be equipped with two red reflectors
visible from all distances within six hundred (600) feet to one
hundred (100) feet to the rear when directly in front of lawful
upper beams of head lamps.
C. Every combination of farm tractor and towed unit of farm
equipment or implement of husbandry not equipped with an electric
lighting system shall at all times, as mentioned in Section 12-201
of this title, be equipped with the following lamps:
1. At least one lamp mounted to indicate as nearly as
practicable the extreme left projection of said combination and
displaying a white light visible when lighted from a distance of not
less than five hundred (500) feet to the front of said combination;
and
2. Two lamps each displaying a red light visible when lighted
from a distance of not less than five hundred (500) feet to the rear
of said combination or, as an alternative, at least one lamp
displaying a red light visible when lighted from a distance of not
less than five hundred (500) feet to the rear thereof and two red
reflectors visible from all distances within six hundred (600) feet
to one hundred (100) feet to the rear thereof when illuminated by
the upper beams of head lamps.
D. Every farm tractor and every self-propelled unit of farm
equipment or implement of husbandry equipped with an electric
lighting system shall at all times, as mentioned in Section 12-201
of this title, be equipped with two single-beam or multiple-beam
head lamps meeting the requirements of Section 12-203.3 of this
title or, as an alternative, Section 12-602.1 of this title, and at
least one red lamp visible when lighted from a distance of not less
than five hundred (500) feet to the rear; provided, however, that
every such self-propelled unit of farm equipment other than a farm
tractor shall have two such red lamps or, as an alternative, one
such red lamp and two red reflectors visible from all distances
within six hundred (600) feet to one hundred (100) feet when
directly in front of lawful upper beams of head lamps.
E. Every combination of farm tractor and towed farm equipment
or towed implement of husbandry equipped with an electric lighting
system shall at all times, as mentioned in Section 12-201 of this
title, be equipped with lamps as follows:
Oklahoma Statutes - Title 47. Motor Vehicles
1. The farm tractor element of every such combination shall be
equipped as required in subsection D of this section.
2. The towed unit of farm equipment or implement of husbandry
element of such combination shall be equipped with two red lamps
visible when lighted from a distance of not less than five hundred
(500) feet to the rear or, as an alternative, two red reflectors
visible from all distances within six hundred (600) to one hundred
(100) feet to the rear when directly in front of lawful upper beams
of head lamps.
3. Said combinations shall also be equipped with a lamp
displaying a white or amber light, of any shade of color between
white and amber, visible when lighted from a distance of not less
than five hundred (500) feet to the front and a lamp displaying a
red light visible when lighted from a distance of not less than five
hundred (500) feet to the rear.
F. The lamps and reflectors required in subsections A through E
of this section shall be so positioned as to show from front and
rear as nearly as practicable the extreme projection of the vehicle
carrying them on the side of the roadway used in passing such
vehicle. If a farm tractor, or a unit of farm equipment, whether
self-propelled or towed, is equipped with two or more lamps or
reflectors visible from the front or two or more lamps or reflectors
visible from the rear, such lamps or reflectors shall be so
positioned that the extreme projections both to the left and to the
right of said vehicle shall be indicated as nearly as practicable.
G. Every farm tractor and every self-propelled farm equipment
unit or implement of husbandry may be equipped with a flashing,
strobe-light-type device that when lighted is visible from a
distance of not less than five hundred (500) feet to the front of
the vehicle or from a distance of not less than five hundred (500)
feet to the rear of the vehicle.
Added by Laws 1961, p. 397, § 12-215, eff. Sept. 1, 1961. Amended
by Laws 2007, c. 16, § 1, eff. Nov. 1, 2007.
§47-12-216. Lamps, lighting devices, or reflectors on animal-drawn
and certain other vehicles.
A. Animal-drawn vehicles and vehicles referred to in subsection
C of Section 12-101 of this title, not specifically required by the
provisions of this chapter to be equipped with lamps or other
lighting devices, shall, at all times specified in subsection B of
Section 12-201 of this title, be equipped with at least one lamp
emitting a white light visible from a distance of not less than one
thousand (1,000) feet to the front of said vehicle, and shall also
be equipped with two lamps displaying red light visible from a
distance of not less than one thousand (1,000) feet to the rear of
said vehicle or, as an alternative, one lamp displaying a red light
visible from a distance of not less than one thousand (1,000) feet
Oklahoma Statutes - Title 47. Motor Vehicles
to the rear and two red reflectors visible for distances of six
hundred (600) feet to one hundred (100) feet to the rear when
illuminated by the lower beams of headlamps.
B. The failure on the part of an owner or driver of any vehicle
specified in this section to display any lamp, lighting device, or
reflector required by this section shall not relieve the operator of
a motor vehicle from negligence in the event of a collision.
Added by Laws 1961, p. 398, § 12-216. Amended by Laws 2003, c. 411,
§ 33, eff. Nov. 1, 2003.
§47-12-217. Auxiliary, fog, and off-road lamps.
A. As used in this article:
1. “Auxiliary driving lamp” means a lamp mounted to provide
illumination to the front of a motor vehicle;
2. "Daytime running lamp" means a lamp mounted to provide
illumination to the front of a motor vehicle that will assist to
identify its presence to other vehicles and pedestrians at times
other than those specified in subsection B of Section 12-201 of this
title;
3. “Front fog lamp” means a lamp mounted to provide
illumination to the front of a motor vehicle during conditions of
rain, snow, fog, dust, or other atmospheric disturbances;
4. "Rear fog lamp" means a lamp mounted to provide illumination
to the rear of a motor vehicle during conditions of rain, snow, fog,
dust, or other atmospheric disturbances;
5. "Off-road lamp" means any lamp designed and manufactured
solely for off-road use; and
6. “Spot lamp” means a movable lamp which emits a brilliant
light with a focused beam for examining objects, street address
numbers, and other things alongside the road.
B. Any motor vehicle may be equipped with not to exceed two
spot lamps which shall not be used in substitution of headlamps.
C. The operator of any motor vehicle:
1. Which has in use a spot lamp shall, upon the approach of
another vehicle from any direction within one thousand (1,000) feet,
immediately turn said spot lamp off;
2. Shall not use or turn on a spot lamp when approaching or
following another motor vehicle within one thousand (1,000) feet;
and
3. Shall not use or turn on a spot lamp to cause a vehicle to
yield right-of-way or stop.
The provisions of this subsection shall not apply to operators
of authorized emergency vehicles.
D. 1. A motor vehicle may be equipped with not to exceed two
front fog lamps or two rear fog lamps which shall only be used when
visibility, as described in paragraphs 3 and 4 of subsection A of
this section, is limited to one-half (1/2) mile or less.
Oklahoma Statutes - Title 47. Motor Vehicles
2. Front fog lamps shall be mounted on the same level on
opposite sides of the front of the vehicle at or below the level of
the headlamps. Front fog lamps may be used with lower beam
headlamps or switch controlled in conjunction with the headlamps and
may be used, at the discretion of the driver, with either low or
high beam headlamps. Front fog lamps shall not be used in
substitution of headlamps, when headlamps are required.
E. A motor vehicle may be equipped with not to exceed two
auxiliary driving lamps mounted at a height of more than forty-two
(42) inches from the ground. The auxiliary driving lamps may be
used with lower beam headlamps or switch controlled in conjunction
with the headlamps and may be used, at the discretion of the driver,
with either low or high beam headlamps.
F. Every fog lamp or auxiliary driving lamp used upon a motor
vehicle shall be so adjusted and aimed that no part of the high
intensity portion of the beam shall, at a distance of twenty-five
(25) feet, rise above the horizontal plane passing through the
center of the lamp.
G. Notwithstanding any other provision of law, a vehicle may be
equipped with off-road lamps for use as headlamps while the vehicle
is operated or driven off of a highway. The lamps shall be:
1. Mounted at a height of not less than forty-two (42) inches
from the ground;
2. Wired independently of all other lighting; and
3. Turned off whenever the vehicle is operated or driven upon a
highway.
H. 1. A motor vehicle may be equipped with not to exceed two
daytime running lamps which conform to 49 C.F.R., Section 571.108,
S5.5.11.
2. Daytime running lamps shall not be used in substitution of
headlamps.
3. Daytime running lamps shall be mounted on the front of a
motor vehicle and shall be wired to be:
a.
automatically activated when the vehicle is started,
and
b.
automatically deactivated when the headlamp control is
in any "on" position.
Added by Laws 1961, p. 398, § 12-217, eff. Sept. 1, 1961. Amended
by Laws 1993, c. 13, § 3, emerg. eff. Mar. 24, 1993; Laws 2003, c.
411, § 34, eff. Nov. 1, 2003; Laws 2008, c. 402, § 2, eff. Nov. 1,
2008.
§47-12-218. Emergency vehicles - Flashing lights.
A. Every authorized emergency vehicle shall, in addition to any
other equipment and distinctive markings required by this title, be
equipped with flashing red or blue lights or a combination of
Oklahoma Statutes - Title 47. Motor Vehicles
flashing red and blue lights. The lights shall be visible at five
hundred (500) feet in normal sunlight.
B. A law enforcement vehicle when used as an authorized
emergency vehicle may but need not be equipped with alternatelyflashing red or blue lights specified herein. An unmarked vehicle
used as a law enforcement vehicle for routine traffic enforcement
shall be equipped with the following combination of lights:
1. Three flashing red, blue, or a combination of red and blue
lights emitting the flashing lights to the front of the vehicle;
2. Two flashing white lights emitting the flashing white lights
to the front of the vehicle;
3. Flashing red, blue, white or any combination of red, blue or
white lights placed at and emitting the flashing lights from the
four corners of the vehicle so that they are visible for three
hundred sixty (360) degrees; and
4. One flashing red, blue, amber, or any combination of red,
blue, or amber lights emitting the flashing light to the rear of the
vehicle.
C. The use of the signal equipment described herein shall
impose upon drivers of other vehicles the obligation to yield rightof-way and stop for authorized emergency vehicles, as prescribed in
Section 11-405 of this title.
Added by Laws 1961, p. 399, § 12-218, eff. Sept. 1, 1961. Amended
by Laws 1993, c. 13, § 4, emerg. eff. March 24, 1993; Laws 1998, c.
55, § 1, eff. Nov. 1, 1998; Laws 1999, c. 24, § 3, eff. July 1,
1999; Laws 1999, c. 189, § 2, eff. July 1, 1999; Laws 2000, c. 35, §
1, eff. July 1, 2000; Laws 2003, c. 411, § 35, eff. Nov. 1, 2003.
§47-12-218.1. Use of lights on wreckers and tow vehicles.
Flashing red or blue lights or a combination of flashing red and
blue lights may be used on licensed Class AA wreckers or wrecker
support vehicles at the scene of an emergency.
Any licensed Class AA wrecker or wrecker support vehicle may be
equipped with a lamp displaying an amber light, visible from a
distance of not less than five hundred (500) feet to the front of
the vehicle or from a distance of not less than five hundred (500)
feet to the rear of the vehicle. Such lamp shall only be used when
leaving the scene of a tow service call and for the purpose of
warning the operators of other vehicles to exercise care in
approaching, overtaking or passing such vehicle.
Added by Laws 2003, c. 411, § 36, eff. Nov. 1, 2003. Amended by
Laws 2009, c. 101, § 1, eff. Nov. 1, 2009; Laws 2010, c. 39, § 2,
eff. Nov. 1, 2010.
§47-12-218.2. Vehicles operated by rural letter carriers or any
highway contract route vehicles delivering mail - Flashing lights.
Oklahoma Statutes - Title 47. Motor Vehicles
Any privately owned motor vehicle operated by a rural letter
carrier or any highway contract route vehicle while engaged in the
delivery of mail may be equipped with no more than two
simultaneously flashing amber lights and a sign reading "U.S. MAIL"
for the purpose of warning the operators of other vehicles to
exercise care in approaching, overtaking, or passing. Such lights
shall be activated as the rural carrier stops on or adjacent to the
roadway for the purpose of delivering or collecting United States
mail. Such lights shall be of double face or two-way type, be
visible when turned on for at least five hundred (500) feet to the
front and rear of the vehicle in normal sunlight, be mounted on the
highest part of the roof of the vehicle and be spaced laterally as
far as practicable to each side of the vehicle. The sign and lights
shall be installed so that the sign is lowered and lights turned off
before the first stop on the route and following the last one.
Added by Laws 2003, c. 411, § 37, eff. Nov. 1, 2003.
§47-12-219.
Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003.
§47-12-220. Back-up and vehicular hazard warning lamps.
A. Any motor vehicle shall be equipped with not more than two
back-up lamps either separately or in combination with other lamps.
Any back-up lamp shall not be lighted when the motor vehicle is in
forward motion.
B. Every vehicle shall be equipped with vehicular hazard
warning lamps required for that vehicle at the time the vehicle was
manufactured by standards of the United States Department of
Transportation pursuant to 49 C.F.R., Section 571.108. Such lamps
shall be used for the purpose of warning the operators of other
vehicles of the presence of a vehicular traffic hazard requiring the
exercise of unusual care in approaching, overtaking or passing, and
when so equipped may display such warning in addition to any other
warning signals required by this title. The lamps used to display
such warning to the front shall be mounted at the same level and as
widely spaced laterally as practicable, and shall display
simultaneously flashing white or amber lights, or any shade of color
between white and amber. The lamps used to display such warning to
the rear shall be mounted at the same level and as widely spaced
laterally as practicable, and shall show simultaneously flashing
amber or red lights, or any shade of color between amber and red.
These warning lights shall be visible from a distance of not less
than five hundred (500) feet in normal sunlight.
C. Any vehicle may be equipped with one or more side marker
lamps and any such lamp may be flashed in conjunction with the turn
or vehicular hazard warning lamps.
Added by Laws 1961, p. 400, § 12-220. Amended by Laws 2003, c. 411,
§ 38, eff. Nov. 1, 2003.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-12-221.
Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003.
§47-12-222. Renumbered as § 12-203.2 of this title by Laws 2003, c.
411, § 85, eff. Nov. 1, 2003.
§47-12-223. Renumbered as § 12-203.3 of this title by Laws 2003, c.
411, § 85, eff. Nov. 1, 2003.
§47-12-224. Renumbered as § 12-602.1 of this title by Laws 2003, c.
411, § 85, eff. Nov. 1, 2003.
NOTE: Renumbering by Laws 2003, c. 411, § 85 was editorially
renumbered from Title 47, § 12-603 to avoid a duplication in
numbering.
§47-12-225. Renumbered as § 12-203.4 of this title by Laws 2003, c.
411, § 85, eff. Nov. 1, 2003.
§47-12-226. Renumbered as § 12-203.1 of this title by Laws 2003, c.
411, § 85, eff. Nov. 1, 2003.
§47-12-227. Special restriction on lamps.
A. Any lighted lamp or illuminating device upon a motor
vehicle, other than headlamps, spot lamps, auxiliary driving lamps,
flashing turn signals, vehicular hazard warning lamps, authorized
emergency vehicle lamps, snow removal and construction and
maintenance vehicle warning lamps and school bus and church bus
warning lamps, which projects a beam of light of an intensity
greater than three hundred (300) candlepower shall be so directed
that no part of the high intensity portion of the beam will strike
the level of the roadway on which the vehicle stands at a distance
of more than seventy-five (75) feet from the vehicle.
B. Except as provided in Sections 12-218, 12-218.1, 12-228, and
12-229 of this title, no person shall drive or move any vehicle or
equipment upon any highway with any lamp or device thereon
displaying or capable of displaying a red or blue light visible from
directly in front of the center thereof.
C. Flashing lights are prohibited except on:
1. An authorized emergency vehicle, as provided in Section 12218 of this title;
2. A school bus or a church bus, as provided in Section 12-228
of this title;
3. Any snow-removal, construction and maintenance equipment, as
provided in Section 12-229 of this title;
4. A wrecker or tow vehicle while at the scene of an emergency
or loading or unloading a vehicle in close proximity to traffic as
needed for safety precautions or as a means of indicating the
Oklahoma Statutes - Title 47. Motor Vehicles
presence of a vehicular traffic hazard requiring unusual care in
approaching, overtaking or passing, as provided in Section 12-218.1
of this title;
5. Any vehicle as a means of indicating a right or left turn,
as provided in Sections 12-206.1 and 12-606 of this title;
6. Any vehicle as a means of indicating the presence of a
vehicular traffic hazard requiring unusual care in approaching,
overtaking or passing, as provided in Section 12-220 of this title;
7. Any vehicle displaying side marker lamps which flash in
conjunction with turn signal lamps or vehicle hazard warning lamps,
as provided in Section 12-220 of this title;
8. A farm tractor or an implement of husbandry, as provided in
Section 12-215 of this title;
9. Any vehicle used while performing official duties as a rural
or contract route mail carrier of the United States Postal Service,
as provided in Section 12-218.2 of this title;
10. Any vehicle being used in the collection of refuse, solid
waste or recyclables displaying side marker lamps which flash in
conjunction with turn signal lamps or vehicle hazard warning lamps
indicating the presence of a vehicular traffic hazard requiring
unusual care in approaching, overtaking or passing, as provided in
Section 12-220 of this title; or
11. Any road-service vehicle, as provided in Section 2 of this
act.
D. Blue lights are prohibited except as allowed in Sections 12218, 12-218.1, and 12-229 of this title.
E. Any person violating the provisions of subsection B, C or D
of this section shall, upon conviction, be guilty of a misdemeanor
punishable by imprisonment in the county jail not exceeding six (6)
months, or by a fine not exceeding Two Thousand Dollars ($2,000.00),
or by both such fine and imprisonment.
Added by Laws 1961, p. 402, § 12-227, eff. Sept. 1, 1961. Amended
by Laws 1978, c. 262, § 3, eff. Oct. 1, 1978; Laws 1993, c. 13, § 5,
emerg. eff. March 24, 1993; Laws 1996, c. 22, § 3, eff. July 1,
1996; Laws 1998, c. 26, § 1, eff. Nov. 1, 1998; Laws 1999, c. 189, §
3, eff. July 1, 1999; Laws 2003, c. 411, § 44, eff. Nov. 1, 2003;
Laws 2005, c. 50, § 9, eff. Nov. 1, 2005; Laws 2005, c. 193, § 2,
eff. Nov. 1, 2005; Laws 2010, c. 39, § 3, eff. Nov. 1, 2010; Laws
2011, c. 81, § 1, eff. Nov. 1, 2011; Laws 2016, c. 187, § 2, eff.
Nov. 1, 2016; Laws 2021, c. 301, § 1, eff. Nov. 1, 2021.
§47-12-228. Special lighting equipment and warning devices on
school buses and church buses.
A. In addition to any other equipment and distinctive markings
required by this title, every school bus and every church bus shall
be equipped with signal lamps mounted as high and as widely spaced
laterally as practicable, which shall display to the front two
Oklahoma Statutes - Title 47. Motor Vehicles
alternately flashing red lights located at the same level and to the
rear two alternately flashing red lights located at the same level.
These lights shall be visible at five hundred (500) feet in normal
sunlight.
B. Every school bus shall bear upon the front and rear thereof
plainly visible signs containing the words "SCHOOL BUS" in letters
not less than eight (8) inches in height, located between the
warning signal lights as high as possible without impairing
visibility of the lettering, and have no other lettering on the
front or rear of the vehicle, except as required by 47 C.F.R., Part
571.
C. Every church bus shall bear upon the front and rear thereof
plainly visible signs containing the words "CHURCH BUS" in letters
not less than eight (8) inches in height, located between the
warning signal lights as high as possible without impairing
visibility of the lettering. In addition, such church bus may be
equipped with visual signals meeting the requirements of subsection
A of this section.
D. Every school bus manufactured on or after September 1, 1992,
shall be equipped with a stop signal arm that complies with 49
C.F.R., Section 571.131.
E. In addition to the lights required by subsection A of this
section, any school bus shall be equipped with amber signal lamps
mounted near each of the four red lamps and at the same level but
closer to the vertical center line of the bus, which shall display
two alternately flashing amber lights to the front and two
alternately flashing amber lights to the rear. These lights shall
be visible at five hundred (500) feet in normal sunlight. These
lights shall be displayed by the school bus driver at least one
hundred (100) feet, but not more than five hundred (500) feet,
before every stop at which the alternately flashing red lights
required by subsection A will be actuated.
F. The State Board of Education, with the approval of the
Commissioner of Public Safety, is authorized to adopt standards and
specifications applicable to lighting equipment on and special
warning devices to be carried by school buses consistent with, and
supplemental to, the provisions of this chapter. Such standards and
specifications shall be identical to any Federal Motor Vehicle
Safety Standard which regulates the same aspect of performance of
the same equipment or device. Where there is no applicable Federal
Motor Vehicle Safety Standard, the standards and specifications
shall conform to the greatest extent feasible with any other
relevant standard issued or endorsed by federal agencies or
recognized standard-setting organizations.
G. During the time any school bus or church bus is operating,
the school bus or church bus shall have its headlights activated.
Oklahoma Statutes - Title 47. Motor Vehicles
H. It shall be unlawful to operate any red flashing warning
signal light on any school bus except when any said school bus is
stopped on a highway for the purpose of permitting school children
to board or discharge from said school bus.
I. It shall be unlawful to operate any red flashing warning
signal light on any church bus except when any said bus is stopped
on a highway for the purpose of permitting passengers to board or
discharge from said bus.
J. The use of the signal equipment described herein shall
impose upon drivers of other vehicles the obligation to yield rightof-way and stop for school buses, as prescribed in Section 11-705 of
this title, and for church buses, as prescribed in Section 11-705.1
of this title.
K. The loading lamps on school buses converted for purposes
other than transporting pupils to or from school shall be
disconnected, except for buses purchased for use by religious
organizations as church buses.
Added by Laws 1961, p. 402, § 12-228, eff. Sept. 1, 1961. Amended
by Laws 1973, c. 112, § 3; Laws 1978, c. 262, § 4, eff. Oct. 1,
1978; Laws 1991, c. 91, § 1, eff. July 1, 1991; Laws 1992, c. 81, §
1, eff. July 1, 1992; Laws 1999, c. 189, § 4, eff. July 1, 1999;
Laws 2003, c. 411, § 45, eff. Nov. 1, 2003.
§47-12-229. Standards and specifications for lights on vehicles or
machinery operated by state or other government jurisdictions.
A. The Department of Transportation shall adopt standards and
specifications applicable to headlamps, clearance lamps,
identification and other lamps on snow-removal equipment, when
operated on the highways of this state in lieu of the lamps
otherwise required on motor vehicles by this chapter. Such
standards and specifications may permit the use of flashing lights
for purposes of identification on snow-removal equipment when in
service upon the highways. The standards and specifications for
lamps referred to in this section shall correlate with and, so far
as possible, conform with those approved by the American Association
of State Highway Officials.
B. It shall be unlawful to operate any snow-removal equipment
on any highway unless the lamps thereon comply with and are lighted
when and as required by the standards and specifications adopted as
provided in this section.
C. Flashing amber lights may be used on vehicles or machinery
owned or operated by any agency of the state or by any county or
city when engaged in the performance of emergency work or on the
construction or maintenance of highways.
D. Rear facing flashing red and blue lights may be used on
vehicles or machinery owned or operated by the Oklahoma Department
of Transportation, the Oklahoma Turnpike Authority, or by any county
Oklahoma Statutes - Title 47. Motor Vehicles
when engaged in the performance of emergency work or on the
construction or maintenance of highways.
Added by Laws 1961, p. 402, § 12-229, eff. Sept. 1, 1961. Amended
by Laws 2003, c. 411, § 46, eff. Nov. 1, 2003; Laws 2010, c. 39, §
4, eff. Nov. 1, 2010; Laws 2011, c. 81, § 2, eff. Nov. 1, 2011.
§47-12-230.
Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003.
§47-12-231.
Repealed by Laws 2001, c. 131, § 19, eff. July 1, 2001.
§47-12-232. Vans operated for nonprofit charitable organization
equipped with strobe-light-type device.
A. Every multiple-passenger van owned and operated by a
nonprofit charitable organization for the purpose of transporting
children to or from any destination may be equipped with a flashing,
strobe-light-type device that when lighted may be visible from a
distance of not less than five hundred (500) feet to the front of
the vehicle or from a distance of not less than five hundred (500)
feet to the rear of the vehicle.
B. During the time that the multiple-passenger van is
operating, the multiple-passenger van may have the strobe-light-type
device activated.
C. Each vehicle displaying such lights shall simulate the color
of lights used on school buses as provided in Section 12-228 of
Title 47 of the Oklahoma Statutes.
D. As used in this section, “nonprofit charitable organization”
shall mean any organization that is exempt from taxation pursuant to
the provisions of the Internal Revenue Code, 26 United States Code,
Section 501(c)(3).
Added by Laws 2008, c. 360, § 1, eff. Nov. 1, 2008.
§47-12-233. Commercially registered road-service vehicles.
A. Flashing yellow and white lights may be used on commercially
registered road-service vehicles when providing road services and
repairs to disabled Class A commercial vehicles and passenger
vehicles.
B. Any commercially registered road-service vehicles may be
equipped with flashing yellow and white lights visible from a
distance of not less than five hundred (500) feet to the rear of the
vehicle. Such lights shall only be used for the purpose of warning
the operators of other vehicles to exercise care in approaching,
overtaking or passing such vehicle. Road-service vehicles shall
bear a sign on each side of the vehicle that indicates the name of
the road-service company and shall be visible from a distance of not
less than two hundred (200) feet.
Oklahoma Statutes - Title 47. Motor Vehicles
C. As used in this section, "road-service vehicle" means a
commercially registered vehicle capable of on-site repairs for Class
A commercial vehicles and passenger vehicles.
Added by Laws 2021, c. 301, § 2, eff. Nov. 1, 2021.
§47-12-301. Brake equipment required.
A. Every motor vehicle manufactured prior to September 1, 1961,
when operated upon a highway shall be equipped with brakes adequate
to control the movement of and to stop and hold such vehicle,
including two separate means of applying the brakes, each of which
means shall be effective to apply the brakes to at least two wheels.
If these two separate means of applying the brakes are connected in
any way they shall be so constructed that failure of any one part of
the operating mechanism shall not leave the motor vehicle without
brakes on at least two wheels.
B. 1. Every motor vehicle manufactured on or after September
1, 1961, operated upon the highways shall be equipped with service
brakes upon all wheels.
2. A truck or truck-tractor having three or more axles need not
be equipped with brakes on the front axle if:
a.
the vehicle was manufactured on or before July 24,
1980, or
b.
the vehicle was manufactured on or after July 25,
1980, but no later than October 26, 1986, and the
brake components have not been removed. If the brake
components have been removed, the vehicle shall be
retrofitted to meet the requirements of this section.
C. 1. Every trailer, semitrailer, and pole trailer of a gross
vehicle weight rating of three thousand (3,000) pounds or more when
operated upon a highway shall be equipped with brakes:
a.
adequate to control the movement of and to stop and to
hold such vehicle,
b.
so designated as to be applied by the driver of the
towing motor vehicle from its cab. Provided, braking
systems commonly known as “surge brakes” shall be
lawful when used on a trailer which is towing or
transporting a vessel or vessels, and
c.
so designed and connected that in case of an
accidental breakaway of the towed vehicle the brakes
shall be automatically applied.
2. Every trailer, semitrailer, and pole trailer required to be
equipped with brakes, except motor vehicles engaged in drive-away
tow-away operations as provided in 49 C.F.R., Part 393.42, shall be
equipped with brakes which are designed to be applied automatically
and promptly upon break-away from the towing vehicle, and means
shall be provided to maintain application of the brakes on the
trailer in such a case for at least fifteen (15) minutes.
Oklahoma Statutes - Title 47. Motor Vehicles
3. Any trailer, semitrailer, or pole trailer having a gross
vehicle weight rating of less than three thousand (3,000) pounds
need not be equipped with brakes; provided, the trailer,
semitrailer, or pole trailer shall be equipped with brakes if the
weight of the towed vehicle exceeds forty percent (40%) of the gross
vehicle weight rating of the towing vehicle.
D. Every motor vehicle and every combination of vehicles shall
be equipped with a parking brake system adequate to hold the vehicle
or combination on any grade on which it is operated under all
conditions of loading, on a surface free from snow, ice, or loose
material.
E. The braking system on the rear axle of any motor vehicle may
be used for both service brake and parking brake operation.
F. 1. Air brake systems installed on towed vehicles
manufactured shall be designed as provided in 49 C.F.R., Section
393.43.
2. Every truck or truck-tractor, if used to tow a trailer
equipped with brakes, shall be equipped with service brakes as
provided in 49 C.F.R., Section 393.43.
3. Every truck or truck tractor equipped with air brakes, when
used to tow another vehicle equipped with full air brakes, in
operations other than drive-away or tow-away, shall, in addition to
the above, be equipped with two means of activating the emergency
features of the trailer brakes as provided in 49 C.F.R., Section
393.43.
4. Every motor vehicle which is equipped with power brakes,
shall comply with 49 C.F.R., Section 393.49.
5. Every truck tractor and truck used for towing other vehicles
equipped with vacuum brakes, in operations other than drive-away
tow-away, on and after September 1, 1961, shall, in addition to
other requirements of state and federal law, comply with 49 C.F.R.,
Section 393.43.
G. Every bus, truck, and truck-tractor which is equipped with
an air or vacuum brake system, shall be equipped with a reservoir as
required by 49 C.F.R., Section 393.50, sufficient to insure a brake
application capable of stopping the vehicle within the stopping
distance requirements of Section 12-302 of this title in the event
the engine stops.
H. Every bus, truck and truck-tractor shall be equipped with
service brake warning devices and signals as required by 49 C.F.R.,
Part 393.51.
I. All brakes shall be maintained in good working order and
shall be so adjusted as to operate as equally as practicable with
respect to the wheels on opposite sides of the vehicle. The brakes
shall be capable of stopping the vehicle, or a combination of
vehicles, within the stopping distance requirements of Section 12302 of this title.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1961, p. 403, § 12-301, eff. Sept. 1, 1961. Amended
by Laws 1967, c. 140, § 5, emerg. eff. April 27, 1967; Laws 2001, c.
131, § 9, eff. July 1, 2001; Laws 2003, c. 411, § 47, eff. Nov. 1,
2003; Laws 2005, c. 50, § 10, eff. Nov. 1, 2005.
§47-12-302. Performance ability of brakes.
A. Every motor vehicle or combination of vehicles, at all times
and under all conditions of loading, upon application of the service
brake, shall be capable of:
1. Developing a braking force that is not less than the
percentage of its gross weight, as specified in subsection D of this
section;
2. Decelerating to a stop from a speed of twenty (20) miles per
hour at not less than the rate specified in subsection D of this
section; and
3. Stopping from a speed of twenty (20) miles per hour in not
more than the distance specified in subsection D of this section,
such distance to be measured from the point at which movement of the
service brake pedal or control begins.
B. Upon application of the parking brake system and with no
other brake system applied, a motor vehicle or combination of motor
vehicles shall, at all times and under all conditions of loading, be
capable of stopping from a speed of twenty (20) miles per hour in
not more than the distance specified in subsection D of this
section, such distance to be measured from the point at which
movement of the emergency brake control begins.
C. Conformity to the stopping-distance requirements of
subsections A and B of this section shall be determined under the
following conditions:
1. Any test must be made with the vehicle on a hard surface
that is substantially level, dry, smooth, and free of loose
material; and
2. The vehicle must be in the center of a twelve-foot-wide lane
when the test begins and must not deviate from that lane during the
test.
D. Vehicle brake performance table:
Service Brake Systems
Emergency
Brake Systems
Braking
force as Deceleration Application Application
percentage
in feet
and braking and braking
Type of
of GVWR
per second
distance
distance
Motor Vehicle
or GCWR
per second
in feet
in feet
1. Passenger-carrying
vehicle:
a. Vehicles with a
seating capacity of
Oklahoma Statutes - Title 47. Motor Vehicles
ten persons or less,
including the driver,
and built on a
passenger chassis:
65.2
21
20
54
b. Vehicles with a
seating capacity of
more than ten
persons, including
the driver, and built
on a passenger car
chassis; vehicles
built on a truck or
bus chassis and
having a
manufacturer's GVWR
of 10,000 pounds or
less:
52.8
17
25
66
c. All other
passenger-carrying
vehicles:
43.5
14
25
85
2. Property-carrying
vehicles:
a. Single-unit
vehicles with a
manufacturer's GVWR
of 10,000 pounds or
less:
52.8
17
25
66
b. Single-unit
vehicles with a
manufacturer's GVWR
of more than 10,000
pounds. Combinations
of a 2-axle towing
vehicle and trailer
having a GVWR of
3,000 pounds or less.
All combinations of
two or less vehicles
in drive-away or towaway combinations:
43.4
14
35
85
c. All other propertycarrying vehicles and
combinations of
property-carrying
vehicles:
43.5
14
40
90
E. Tests for deceleration and stopping distance shall be made
on a substantially level (not to exceed plus or minus one percent
Oklahoma Statutes - Title 47. Motor Vehicles
(1%) grade), dry, smooth, hard surface that is free from loose
material.
Added by Laws 1961, p. 405, § 12-302. Amended by Laws 2003, c. 411,
§ 48, eff. Nov. 1, 2003.
§47-12-303.
Repealed by Laws 2003, c. 411, § 86, eff. Nov. 1, 2003.
§47-12-304. Renumbered as § 12-608 of this title by Laws 2003, c.
411, § 85, eff. Nov. 1, 2003.
§47-12-305.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-12-306.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-12-307.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-12-308.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-12-309.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-12-310.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-12-311.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-12-312.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-12-313.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-12-314.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-12-315.
Repealed by Laws 2002, c. 397, § 36, eff. Nov. 1, 2002.
§47-12-401. Horns and warning devices.
A. Every motor vehicle when operated upon a highway shall be
equipped with a horn in good working order and capable of emitting
sound audible under normal conditions from a distance of not less
than two hundred (200) feet, but no horn or other warning device
shall emit an unreasonably loud or harsh sound. The driver of a
motor vehicle shall, when reasonably necessary to ensure safe
operation, give audible warning with a horn but shall not otherwise
use such horn when upon a highway. No driver of any vehicle shall
use a horn when passing a person riding a bicycle, equine or animaldrawn vehicle under normal conditions if no imminent danger of a
collision exists.
B. No vehicle shall be equipped with nor shall any person use
upon a vehicle any siren, except as otherwise permitted in
subsection D of this section.
Oklahoma Statutes - Title 47. Motor Vehicles
C. Any vehicle may be equipped with a theft alarm signal device
which is so arranged that it cannot be used by the driver as an
ordinary warning signal. A theft alarm signal device shall not use
a siren, as described in subsection D of this section.
D. Every authorized emergency vehicle shall, in addition to any
other equipment and distinctive markings required by this title, be
equipped with a siren, or similar device, capable of emitting sound
audible under normal conditions from a distance of not less than
five hundred (500) feet and of a type approved by the Department of
Public Safety, but such siren shall not be used except when such
vehicle is operated in response to an emergency call or in the
immediate pursuit of an actual or suspected violator of the law, in
which said latter events the driver of such vehicle shall sound said
siren when reasonably necessary to warn pedestrians and other
drivers of the approach thereof.
E. It shall be unlawful for any person to use a device capable
of producing auditory warning signals similar to that on an
authorized emergency vehicle or to use audible signal equipment from
a motor vehicle for the purpose of causing any other motor vehicle
operator to yield right-of-way and stop, or which actually causes
any other motor vehicle operator to yield the right-of-way and stop,
whether intended or not. The provisions of this subsection shall
not apply to the operators of authorized emergency vehicles.
Added by Laws 1961, p. 407, § 12-401. Amended by Laws 2003, c. 411,
§ 50, eff. Nov. 1, 2003; Laws 2021, c. 449, § 5, eff. Nov. 1, 2021.
§47-12-402. Mufflers or other noise-suppressing systems Prevention of excessive or unusual noise.
A. Every vehicle shall be equipped, maintained, and operated so
as to prevent excessive or unusual noise. Every motor vehicle shall
at all times be equipped with a muffler or other effective noisesuppressing system in good working order and in constant operation,
and no person shall use a muffler cut-out, bypass or similar device.
No person shall modify the exhaust system of a motor vehicle in any
manner which will amplify or increase the noise or sound emitted
louder than that emitted by the muffler originally installed on the
vehicle.
B. The engine and power mechanism of every motor vehicle shall
be so equipped and adjusted as to prevent the escape of excessive
fumes or smoke, or both.
Added by Laws 1961, p. 407, § 12-402. Amended by Laws 2003, c. 411,
§ 51, eff. Nov. 1, 2003.
§47-12-403. Mirrors.
A. Every motor vehicle shall be equipped with a mirror mounted
on the left side of the vehicle and so positioned and located as to
Oklahoma Statutes - Title 47. Motor Vehicles
reflect to the driver a view of the highway to the rear of the motor
vehicle.
B. Every motor vehicle shall be equipped with an additional
mirror mounted either inside the vehicle approximately in the center
or outside the vehicle on the right side and so positioned and
located as to reflect to the driver a view of the highway to the
rear of the vehicle.
C. Every school bus and church bus shall be equipped with a
mirror system so positioned and located as to reflect to the driver,
when seated in the bus driver's position, the presence of a
pedestrian directly in front of the bus and beneath the driver's
direct line of sight.
Added by Laws 1961, p. 408, § 12-403. Amended by Laws 2003, c. 411,
§ 52, eff. Nov. 1, 2003.
§47-12-404. Windshields and windows - Obstruction, obscuring, or
impairing of driver's view - Electric windshield wiper mechanism.
A. As used in this section:
1. "Critical area" means the area cleaned by the normal sweep
of the windshield wiper blade on the driver's side. The area
covered by the wiper blade cannot be reduced from manufacturer's
original specifications;
2. "Noncritical areas" means all other areas;
3. "Outright breakage" means glass which is severely cracked or
shattered to the extent that air passes through it or, if by running
a fingertip over the cracked area, the glass moves or sharp edges
can be felt;
4. "Star break or shot damage" means a vented break with cracks
radiating from the point of impact; and
5. "Stress or hairline crack" means a crack which has no
visible point of impact.
B. No person shall operate any motor vehicle which:
1. Is not equipped with a windshield;
2. Has any outright breakage in the windshield or in the window
on either side of the driver;
3. Has any star break or shot damage, three (3) inches or more
in diameter, located in the critical area; or
4. Has two or more stress or hairline cracks, twelve (12)
inches or more in combined length, located in the critical area.
C. No person shall drive any motor vehicle with any sign,
poster, other nontransparent material, or debris, including but not
limited to snow, ice, or frost, upon the front windshield or the
side wings, or side or rear windows or suspend any sign, poster,
object, or other material from the interior of the vehicle which
materially obstructs, obscures, or impairs the driver's clear view
of the highway ahead or to either side or of any intersecting
highway.
Oklahoma Statutes - Title 47. Motor Vehicles
D. The windshield on every motor vehicle shall be equipped with
an electric windshield wiper mechanism for cleaning rain, snow, or
other moisture from the windshield.
Every windshield wiper blade and windshield wiper mechanism upon
a motor vehicle shall be maintained in good working order. When
replacing the wiper blade, the length of the blade shall not be
reduced from the manufacturer's specification.
Added by Laws 1961, p. 408, § 12-404. Amended by Laws 2003, c. 411,
§ 53, eff. Nov. 1, 2003.
§47-12-405. Tires and wheels - Peripheral equipment - Unsafe
operating condition.
A. Every solid rubber tire on a vehicle shall have rubber on
its entire traction surface at least one (1) inch thick above the
edge of the flange of the entire periphery.
B. A person shall not operate or move on any hard-surfaced
highway any vehicle having any metal tire in contact with the
roadway, except when authorized by special permit as provided in
subsection E of this section.
C. 1. Any tire on a vehicle moved on a highway shall not have
on its periphery any block, stud, flange, cleat or spike or any
other protuberance of any material other than rubber which projects
beyond the tread of the traction surface of the tire, except that it
shall be permissible:
a.
to use farm tractors or implements of husbandry with
tires having protuberances which will not injure the
highway,
b.
to use tire chains of reasonable proportions upon any
vehicle when required for safety because of snow, ice,
or other conditions tending to cause a vehicle to
skid, or
c.
for pneumatic tires equipped with or having on their
periphery studs of metal, porcelain or other material
to be sold or used in this state, if constructed to
provide resiliency upon contact with the road surface,
so that not more than three percent (3%) in the
aggregate of the traction surface of such tire be
composed of such studs and so that such studs do not
project more than three-thirty-seconds (3/32) of an
inch beyond the tread of the traction surface of such
tire and have a rate of wear which will so limit such
projection.
2. The exceptions permitted in paragraph 1 of this subsection
shall be subject to the following restrictions:
a.
the use of such tires or tire chains shall be limited
to vehicles with rated capacities up to and including
two (2) tons,
Oklahoma Statutes - Title 47. Motor Vehicles
b.
any tire so equipped shall not be used on a public
highway earlier than November 1 of each year or later
than April 1 of the following year, and
c.
copies of this subsection shall be posted in all
places at which tires or tire chains are sold, and a
printed or written warning on the time limitation for
the use of such tires or tire chains shall be
furnished to each buyer, purchaser, or user by the
seller of such studded tires or tire chains.
D. Operator selectable "on demand" studded tires having
traction-enhancing studs located outside the normal tread area which
allows their operation as conventional tires on dry roads or as
studded tires on ice-coated roads by the expedient of reducing or
increasing the air pressure within the tires, shall be exempt from
the prohibitions of subsection C of this section with the following
exceptions:
1. The use of such tires shall be limited to vehicles with
rated capacities up to and including two (2) tons;
2. Any such tire shall not be deflated so that the studs lower
and make contact with the road surface earlier than November 1 of
each year or later than April 1 of the following year.
E. The Department of Public Safety and local authorities in
their respective jurisdictions may in their discretion issue special
permits authorizing the operation upon a highway of traction engines
or tractors having movable tracks with transverse corrugations upon
the periphery of such movable tracks or farm tractors or other farm
machinery, the operation of which upon a highway would otherwise be
prohibited under this section.
F. A person shall not operate any vehicle when one or more of
the tires in use on that vehicle is in unsafe operating condition or
has a tread depth less than two-thirty-seconds (2/32) inch measured
in any two adjacent tread grooves at three equally spaced intervals
around the circumference of the tire; provided, such measurements
shall not be made at the location of any tread wear indicator, tie
bar, hump, or fillet. In the event a citation is issued under this
subsection, the officer shall include the tread depth of the
offending tire on the citation. As used in this subsection, an
unsafe tire includes, but is not limited to, any tire:
1. On which the ply or cord is exposed in the tread area;
2. Which has been regrooved or recut below the original groove
depth, except tires that have been designed with under-rubber
sufficient for regrooving and are so marked;
3. Marked "Farm Implement Only", "Not for Highway Use", or any
other marking that would indicate that the tire is not for normal
highway use; provided, no such marking shall be altered or removed;
4. On which any bulges, bumps, or knots show in the tread or
sidewall area; or
Oklahoma Statutes - Title 47. Motor Vehicles
5. On the front steering axle of a truck-tractor which has
tread depth measuring less than four-thirty-seconds (4/32) inch.
G. Every wheel on a vehicle shall not be cracked and shall be
securely fastened to the hub of the vehicle with all lug nuts
properly affixed.
Added by Laws 1961, p. 408, § 12-405. Amended by Laws 1968, c. 82,
§ 1, emerg. eff. April 1, 1968; Laws 1981, c. 118, § 7; Laws 1998,
c. 171, § 1, eff. Nov. 1, 1998; Laws 1999, c. 41, § 1, eff. Nov. 1,
1999; Laws 2003, c. 411, § 54, eff. Nov. 1, 2003; Laws 2021, c. 114,
§ 1, eff. Nov. 1, 2021.
§47-12-405.1. Coupling devices - Stay chains, cables or other
safety devices.
A. Every trailer, semitrailer, manufactured home, or towed
motor vehicle shall be equipped with a coupling device which shall
be designed, constructed, and used so that the trailer, semitrailer,
manufactured home, or towed motor vehicle will follow substantially
in the path of the vehicle drawing it without whipping or swerving
from side to side. In addition, every such trailer, semitrailer,
manufactured home, or towed motor vehicle, except a semitrailer
drawn by a truck-tractor type designed to draw or support the front
end of a semitrailer, shall be coupled with:
1. Stay chains or cables to the vehicle by which it is being
drawn, which chains or cable shall be of sufficient size and
strength to prevent parting from the drawing vehicle, should the
regular coupling device break or become otherwise disengaged; or
2. Chains, cables or a safety device which provides strength,
security of attachment and directional stability equal to or greater
than that provided by safety chains and which prevent parting from
the drawing vehicle should the regular coupling device break or
otherwise become disengaged. The safety device shall be designed,
constructed, and installed so that if the coupling device fails or
becomes disconnected the coupling device will not drop to the
ground.
B. Nothing in this section shall be construed as excepting
commercial vehicles subject to the provisions of 49 C.F.R., Subpart
F, Coupling Devices and Towing Methods, from complying with the
provisions thereof.
C. No person shall tow any vehicle by sole use of a chain,
cable, ropes, or any combination thereof.
Added by Laws 2003, c. 411, § 55, eff. Nov. 1, 2003.
§47-12-405.2. Fuel tanks and intake pipes - Projection beyond side
of vehicle - Construction and attachment.
A. No fuel tank or intake pipe on any motor vehicle shall
project beyond the side of the motor vehicle. In no case shall the
Oklahoma Statutes - Title 47. Motor Vehicles
fuel tank or fuel intake pipe on any bus be located within or above
the passenger-carrying portion of the bus.
B. Any fuel tank carried upon a motor vehicle, including any
auxiliary tank, shall be of substantial construction, permanently
and securely attached to the motor vehicle.
Added by Laws 2003, c. 411, § 56, eff. Nov. 1, 2003.
§47-12-405.3. Aprons.
All vehicles or combination of vehicles operating on the
highways, except animal-drawn vehicles, not equipped with fenders
over the rearmost wheels shall have attached thereto a rubber or
fabric apron directly behind the rearmost wheels, and hanging
perpendicular from the body of the vehicle. The apron shall be of
such a size as to prevent the bulk of the water or any other
substance picked up from the roadway from being thrown from the rear
wheels of the vehicle or combination of vehicles at tangents
exceeding twenty-two and one half (22 1/2) degrees measured from the
road surface. The provisions of this subsection shall not apply to
a farm tractor moving over the state highway system at a speed less
than twenty (20) miles per hour.
Added by Laws 2003, c. 411, § 57, eff. Nov. 1, 2003.
§47-12-406. Safety glazing material or safety glass - Standards Identification markings - Sale or replacement.
A. A motor vehicle as specified herein shall not be registered
thereafter unless such vehicle is equipped with safety glazing
material or safety glass of a type prescribed in this section
wherever glazing material or glass is used in doors, windows, and
windshields. The foregoing provisions shall apply to all passenger
cars, lightweight vehicles, buses, school buses, and church buses,
but in respect to trucks, including truck-tractors, the requirements
as to safety glazing material or safety glass shall apply to all
glazing material and glass used in doors, windows, and windshields
in the drivers' compartments of such vehicles.
B. The term "safety glazing materials" or "safety glass" means
glazing materials or glass so constructed, treated, or combined with
other materials as to reduce substantially, in comparison with
ordinary sheet glass or plate glass, the likelihood of injury to
persons by objects from exterior sources or by the safety glazing
materials or safety glass when they may be cracked or broken.
C. All safety glazing materials and safety glass shall bear the
manufacturer's trademark and the words "American Standard" or the
letters "AS" followed by a number indicating the position in which
the glass shall be used. Safety glazing materials or safety glass
bearing the following identification markings shall be used in the
designated locations:
Oklahoma Statutes - Title 47. Motor Vehicles
1. Laminated safety glass marked "AS-1" is required in
windshields and is acceptable at any other location in the vehicle;
2. Laminated safety glass marked "AS-14" is required in
windshields and is acceptable at any other location in the vehicle;
3. Laminated or tempered safety glass marked "AS-2" is
acceptable for use at any location in the vehicle except the
windshield;
4. Laminated or tempered safety glass marked "AS-3" is
acceptable anywhere on school buses except in windshields and side
windows to the immediate right and left of the driver's location;
5. Rigid plastic safety glazing material marked "AS-4" or "AS5” is acceptable anywhere on school buses except in windshields and
side windows to the right or left of the driver's location;
6. Flexible plastic safety glazing material marked "AS-6" or
"AS-7" is acceptable for use in rear windows of soft tops, flexible
curtains, or readily removable windows; and
7. Wire glass marked "AS-8" or "AS-9" is acceptable for use in
folding doors, standee and rearmost windows of buses, or windows to
the rear of the driver in trucks and truck-tractors.
D. No person shall sell, or make replacements of glass, safety
glazing materials, or safety glass on motor vehicles, or sell glass,
safety glazing materials, or safety glass cut to size to fit
windshields, door glass, or window glass of a motor vehicle in
violation of the provisions of this title.
Added by Laws 1961, p. 409, § 12-406. Amended by Laws 2003, c. 411,
§ 58, eff. Nov. 1, 2003.
§47-12-407. Certain vehicles to be equipped with flares and other
emergency equipment.
A. No person shall operate any truck, bus, truck-tractor, or
any drive-away, tow-away operation upon any highway at any time
unless such vehicle is equipped with emergency equipment, including,
but not limited to, reflectors, flares, fusees, flags, and fire
extinguishers, as provided by 49 C.F.R., Section 393.95. This
section shall not apply to lightweight vehicles.
B. Every bus which is licensed for the express purpose of
transporting persons for hire shall have at least one hand axe and
one metal heavy-duty, ten-unit size, first-aid kit.
Added by Laws 1961, p. 409, § 12-407. Amended by Laws 2003, c. 411,
§ 59, eff. Nov. 1, 2003.
§47-12-408. Display of warning devices when vehicle disabled.
A. Whenever any truck, except a lightweight vehicle, or any
bus, truck-tractor, trailer, semitrailer, or pole trailer, or any
motor vehicle towing a manufactured home is disabled upon the
traveled portion of any highway or the shoulder thereof outside of
any municipality at any time when lighted lamps are required on
Oklahoma Statutes - Title 47. Motor Vehicles
vehicles, the driver of such vehicle shall display the following
warning devices upon the highway during the time the vehicle is so
disabled on the highway except as provided in subsection B of this
section:
1. A lighted fusee, a lighted red electric lantern or a
portable red emergency reflector shall be immediately placed at the
traffic side of the vehicle in the direction of the nearest
approaching traffic.
2. As soon thereafter as possible but in any event within the
burning period of the fusee, the driver shall place three liquidburning flares, or three lighted red electric lanterns or three
portable red emergency reflectors on the traveled portion of the
highway in the following order:
a.
one approximately one hundred (100) feet from the
disabled vehicle in the center of the lane occupied by
such vehicle and toward traffic approaching in that
lane,
b.
one approximately one hundred (100) feet in the
opposite direction from the disabled vehicle and in
the center of the traffic lane occupied by such
vehicle, and
c.
one at the traffic side of the disabled vehicle not
less than ten (10) feet rearward or forward thereof in
the direction of the nearest approaching traffic. If
a lighted red electric lantern or a red portable
emergency reflector has been placed at the traffic
side of the vehicle in accordance with paragraph 1 of
subsection A of this section, it may be used for this
purpose.
B. Whenever any vehicle referred to in this section is disabled
within five hundred (500) feet of a curve, hillcrest or other
obstruction to view, the warning signal in that direction shall be
so placed as to afford ample warning to other users of the highway,
but in no case less than one hundred (100) feet nor more than five
hundred (500) feet from the disabled vehicle.
C. Whenever any vehicle of a type referred to in this section
is disabled upon any roadway of a divided highway during the times
specified in subsection B of Section 12-201 of this title, the
appropriate warning devices prescribed in subsections A and E of
this section shall be placed as follows:
1. One at a distance of approximately two hundred (200) feet
from the vehicle in the center of the lane occupied by the stopped
vehicle and in the direction of traffic approaching in that lane;
2. One at a distance of approximately one hundred (100) feet
from the vehicle, in the center of the lane occupied by the vehicle
and in the direction of traffic approaching in that lane; and
Oklahoma Statutes - Title 47. Motor Vehicles
3. One at the traffic side of the vehicle and approximately ten
(10) feet from the vehicle in the direction of the nearest
approaching traffic.
D. Whenever any vehicle of a type referred to in this section
is disabled upon the traveled portion of a highway or the shoulder
thereof outside of any municipality at any time when the display of
fusees, flares, red electric lanterns or portable red emergency
reflectors is not required, the driver of the vehicle shall display
two red flags upon the roadway in the lane of traffic occupied by
the disabled vehicle, one at a distance of approximately one hundred
(100) feet in advance of the vehicle, and one at a distance of
approximately one hundred (100) feet to the rear of the vehicle.
E. Whenever any motor vehicle used in the transportation of
explosives or any cargo tank truck used for the transportation of
any flammable liquid or compressed flammable gas is disabled upon a
highway of this state at any time or place mentioned in subsection A
of this section, the driver of such vehicle shall immediately
display the following warning devices: One red electric lantern or
portable red emergency reflector placed on the roadway at the
traffic side of the vehicle, and two red electric lanterns or
portable red reflectors, one placed approximately one hundred (100)
feet to the front and one placed approximately one hundred (100)
feet to the rear of this disabled vehicle in the center of the
traffic lane occupied by such vehicle. Flares, fusees or signals
produced by flame shall not be used as warning devices for disabled
vehicles of the type mentioned in this paragraph.
F. The flares, fusees, red electric lanterns, portable red
emergency reflectors and flags to be displayed as required in this
section shall conform with the applicable requirements of Section
12-407 of this title.
G. The provisions of this section shall not apply to vehicles
bearing farm tags and used exclusively for the purpose of farming
and ranching.
Added by Laws 1961, p. 410, § 12-408. Amended by Laws 1981, c. 118,
§ 8; Laws 2003, c. 411, § 60, eff. Nov. 1, 2003.
§47-12-409. Vehicles transporting hazardous materials.
Vehicles transporting hazardous materials as a cargo or part of
a cargo shall at all times be:
1. Marked or placarded in accordance with 49 C.F.R. Section
177.823; and
2. Equipped with portable fire extinguishers in accordance with
49 C.F.R. Section 393.95(a).
Added by Laws 1961, p. 411, § 12-409, eff. Sept. 1, 1961. Amended
by Laws 2001, c. 309, § 3, eff. Nov. 1, 2001.
§47-12-410.
Air-conditioning equipment.
Oklahoma Statutes - Title 47. Motor Vehicles
A. The term "air-conditioning equipment" as used or referred to
in this section shall mean mechanical vapor compression
refrigeration equipment which is used to cool the driver's or
passenger compartment of any motor vehicle.
B. Such equipment shall be manufactured, installed and
maintained with due regard for the safety of the occupants of the
vehicle and the public and shall not contain any refrigerant which
is toxic to persons or which is flammable or which is in violation
of regulations of the Environmental Protection Agency pursuant to 40
C.F.R., Part 82 or which is not included in the list published by
the Environmental Protection Agency as a safe alternative motor
vehicle air conditioning substitute for chlorofluorocarbon-12,
pursuant to 42 U.S.C. 7671 k(c).
C. Safety requirements and specifications consistent with the
requirements of this section applicable to such equipment shall
correlate with and, so far as possible, conform to the current
recommended practice or standard applicable to such equipment
approved by the Society of Automotive Engineers (SAE).
Added by Laws 1961, p. 412, § 12-410. Amended by Laws 2003, c. 411,
§ 61, eff. Nov. 1, 2003; Laws 2008, c. 315, § 1, emerg. eff. June 2,
2008.
§47-12-411. Television-type receiving equipment visible from
operator's seat prohibited.
A. No motor vehicle shall be operated on the highways of this
state in which there is installed any television-type receiving
equipment, the viewer, monitor, or screen of which can be seen by
any person sitting in the seat from which such motor vehicle is
operated.
B. This section shall not be construed to prohibit the use of
television-type receiving equipment used exclusively for navigation,
safety of vehicle operation, or law enforcement purposes.
Added by Laws 1961, p. 412, § 12-411. Ameneded by Laws 2003, c.
411, § 62, eff. Nov. 1, 2003.
§47-12-412. Renumbered as § 595 of this title by Laws 2003, c. 411,
§ 85, eff. Nov. 1, 2003.
§47-12-413. Seat belts or shoulder harnesses.
It shall be unlawful for any person to sell or offer for sale at
retail or trade or transfer from or to Oklahoma residents any
passenger vehicle which is manufactured or assembled commencing with
the 1966 models, unless such vehicle is equipped with safety belts
or safety shoulder harness combinations which are installed for the
use of persons in the left front and right front seats thereof.
Laws 1965, c. 86, § 1, emerg. eff. May 5, 1965.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-12-413.1. Supplemental restraint system.
A. As used in this section:
1. "Airbag" means an inflatable restraint device for vehicle
occupants that is part of a supplemental restraint system in a motor
vehicle;
2. "Counterfeit supplemental restraint system component" means
a replacement supplemental restraint system component that displays
a mark identical or substantially similar to the genuine mark of a
motor vehicle manufacturer or supplier of parts to a motor vehicle
manufacturer without authorization from that manufacturer or
supplier;
3. "Nonfunctional airbag" means a replacement airbag that:
a.
was previously deployed or damaged,
b.
has an electric fault that is detected by the motor
vehicles' diagnostic systems when the installation
procedure is completed and the motor vehicle is
returned to the customer who requested the work to be
performed or when ownership is intended to be
transferred,
c.
includes a part or object, including a supplemental
restraint system component, installed in a motor
vehicle to mislead the owner or operator of the motor
vehicle into believing that a functional airbag has
been installed, or
d.
is prohibited in accordance with 49 U.S.C. Section
301209(j) from being sold or leased;
4. "Supplemental restraint system" means a passive motor
vehicle occupant crash protection system designed for use in
conjunction with active restraint systems, including, but not
limited to, seat belt assemblies, as described in 49 CFR 571.208.
Such term shall include:
a.
each airbag installed in accordance with the motor
vehicle manufacturer's design, and
b.
all components required to ensure that an airbag
operates as designed by the manufacturer in the event
of a crash and in accordance with the federal motor
vehicle safety standards for the specific make, model
and year of the motor vehicle.
B. No person shall knowingly or intentionally manufacture,
import, distribute, sell, offer for sale, install, or reinstall a
device intended to replace a component of a supplemental restraint
system if the device is:
1. A counterfeit supplemental restraint system component;
2. A nonfunctional airbag; or
3. Any object in lieu of a supplemental restraint system
component if the object was not designed in accordance with federal
Oklahoma Statutes - Title 47. Motor Vehicles
safety regulations for the make, model, and year of the motor
vehicle in which such device is or will be installed.
C. Any person violating any of the provisions of this section,
shall, upon conviction thereof, be punished as provided in Section
17-101 of Title 47 of the Oklahoma Statutes.
Added by Laws 2025, c. 65, § 1, eff. Nov. 1, 2025.
§47-12-414. Specifications.
All safety belts or safety shoulder harnesses shall be of a type
and shall be installed pursuant to 49 C.F.R. §571.208 et seq.
Added by Laws 1965, c. 86, § 2, emerg. eff. May 5, 1965. Amended by
Laws 2000, c. 99, § 2, eff. Nov. 1, 2000.
§47-12-415. Penalties.
Any person violating any of the provisions of Section 12-413 of
this title shall, upon conviction thereof, be punished as provided
in Section 17-101 of this title.
Added by Laws 1965, c. 86, § 3, emerg. eff. May 5, 1965. Amended by
Laws 2000, c. 99, § 3, eff. Nov. 1, 2000.
§47-12-416. Short title.
Sections 12-416 through 12-420 of this title shall be known and
may be cited as the "Oklahoma Mandatory Seat Belt Use Act".
Added by Laws 1985, c. 123, § 1, eff. Feb. 1, 1987. Amended by Laws
2005, c. 50, § 11, eff. Nov. 1, 2005.
§47-12-417. Operators and front seat passengers required to wear
safety belts - Exemptions - Assessment of points prohibited - Fine
and court costs limited – Municipal ordinances.
A. 1. Every operator and front seat passenger of a Class A
commercial motor vehicle, Class B commercial motor vehicle, Class C
commercial motor vehicle or a passenger vehicle operated in this
state shall wear a properly adjusted and fastened safety seat belt
system, required to be installed in the motor vehicle when
manufactured pursuant to 49 C.F.R., Section 571.208.
2. For the purposes of this section, "passenger vehicle" shall
mean a Class D motor vehicle, but shall not include trucks, trucktractors, recreational vehicles, motorcycles, or motorized bicycles,
or a vehicle used primarily for farm use which is registered and
licensed pursuant to the provisions of Section 1134 of this title.
B. The Commissioner of Public Safety, upon application from a
person who, for medical reasons, is unable to wear a safety seat
belt system supported by written attestation of such fact from a
physician licensed pursuant to Section 495 of Title 59 of the
Oklahoma Statutes, may issue to the person an exemption from the
provisions of this section. The exemption shall be in the form of a
restriction appearing on the driver license of the person and shall
Oklahoma Statutes - Title 47. Motor Vehicles
remain in effect until the expiration date of the driver license.
Nothing in this subsection shall be construed to prevent the person
from applying for another exemption as provided for in this section.
The issuance of an attestation by a physician and the subsequent
issuance of an exemption by the Commissioner, in good faith, shall
not give rise to, nor shall the physician and the state thereby
incur, any liability whatsoever in damages or otherwise, to any
person injured by reason of failure of the person to wear a safety
seat belt system.
C. This section shall not apply to an operator of a motor
vehicle while performing official duties as a route carrier of the
U.S. Postal Service.
D. The Department of Public Safety shall not record or assess
points for violations of this section on any license holder's
traffic record maintained by Service Oklahoma.
E. Fine and court costs for violating the provisions of this
section shall not exceed Twenty Dollars ($20.00).
F. Municipalities may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under
provisions of this section, but the provisions of those ordinances
shall be the same as provided for in this section, and the
enforcement provisions under those ordinances shall not be more
stringent than those of this section.
Added by Laws 1985, c. 123, § 2, eff. Feb. 1, 1987. Amended by Laws
1988, c. 271, § 2, eff. March 1, 1989; Laws 1997, c. 290, § 1, eff.
Nov. 1, 1997; Laws 2000, c. 99, § 4, eff. Nov. 1, 2000; Laws 2002,
c. 35, § 1, eff. Nov. 1, 2002; Laws 2005, c. 190, § 10, eff. Sept.
1, 2005; Laws 2012, c. 207, § 7, emerg. eff. May 8, 2012; Laws 2022,
c. 282, § 97, emerg. eff. May 19, 2022.
§47-12-418.
2, 2008.
Repealed by Laws 2008, c. 302, § 13, emerg. eff. June
§47-12-419. Educational program - Evaluating effectiveness of act Reports.
A. The Department of Public Safety shall establish an
educational program designed to encourage compliance with the
Oklahoma Mandatory Seat Belt Use Act.
B. The Department of Public Safety shall evaluate the
effectiveness of Sections 12-416 through 12-420 of this title and
provide a report. The state shall include this report in the annual
evaluation report on its Highway Safety Plan that it submits to the
National Highway Traffic Safety Administration and the Federal
Highway Administration pursuant to 23 U.S.C. 402.
Added by Laws 1985, c. 123, § 4, eff. Feb. 1, 1987. Amended by Laws
2005, c. 50, § 12, eff. Nov. 1, 2005.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-12-420. Civil proceedings - Effect of act.
Sections 12-416 through 12-420 of this title may be used in any
civil proceeding in this state and the use or nonuse of seat belts
shall be submitted into evidence in any civil suit in Oklahoma
unless the plaintiff in such suit is a child under sixteen (16)
years of age.
Added by Laws 1985, c. 123, § 5, eff. Feb. 1, 1987. Amended by Laws
2005, c. 50, § 13, eff. Nov. 1, 2005; Laws 2013, 1st Ex. Sess., c.
11, § 4, emerg. eff. Sept. 10, 2013; Laws 2013, 1st Ex. Sess., c.
11, § 5, emerg. eff. Sept. 10, 2013.
NOTE: Laws 2009, c. 228, § 27 was held unconstitutional by the
Oklahoma Supreme Court in the case of Douglas v. Cox Retirement
Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013) and repealed
by Laws 2013, 1st Ex. Sess., c. 11, § 1, emerg. eff. Sept. 10, 2013.
§47-12-421.
Repealed by Laws 1991, c. 176, § 2, eff. Sept. 1, 1991.
§47-12-422. Restrictions on use of glass coating materials or
sunscreening devices on windshields and windows.
A. As used in this section:
1. "Glass coating material" or "sunscreening devices" means
materials, films, applications or devices which are used in
conjunction with approved vehicle glazing materials for the purpose
of reducing the effects of sun, but shall not include materials,
films, applications, or devices with a mirrored or mirror-like
finish;
2. "Light transmission" means the percentage of total light
which is allowed to pass through a window;
3. "Luminous reflectance" means the ratio of the amount of
total light, expressed in percentages, which is reflected outward by
the glass coating material or sunscreening device to the amount of
total light falling on the glass coating material;
4. "Manufacturer" means:
a.
a person who engages in the manufacturing or
assembling of sunscreening devices, or
b.
a person who fabricates, laminates, or tempers glazing
materials, incorporating the capacity to reflect or to
reduce the transmittance of light during the
manufacturing process; and
5. "Window" means the windshield, side or rear glass of a motor
vehicle, including any glazing material, glass coating or
sunscreening device.
B. It is unlawful, except as provided by this section, for a
person to sell, install, or to operate a motor vehicle with any
object or material:
1. Placed, displayed, installed, affixed, or applied upon the
windshield or side or rear windows; or
Oklahoma Statutes - Title 47. Motor Vehicles
2. So placed, displayed, installed, affixed, or applied in or
upon the motor vehicle so as to obstruct or reduce a driver's clear
view through the windshield or side or rear windows.
C. It is unlawful for any person to place, install, affix, or
apply any transparent material upon the windshield or side or rear
windows of any motor vehicle if such material alters the color or
reduces the light transmittance of such windshield or side or rear
windows except as provided in this section.
D. This section shall not apply to:
1. Side or back windows that have a substance or material in
conjunction with glazing material that has a light transmission of
at least twenty-five percent (25%) and a luminous reflectance of at
most twenty-five percent (25%);
2. Front side wing vents and windows that have a substance or
material not attached in conjunction with glazing material which is
used by a vehicle operator on a moving vehicle during daylight
hours;
3. Rearview mirrors;
4. Adjustable nontransparent sun visors which are mounted
forward of the side windows and are not attached to the glass;
5. Signs, stickers, or other materials which are displayed in a
forty-nine-square-inch area in the lower corner of the windshield
farthest removed from the driver or signs, stickers, or other
materials which are displayed in a forty-nine-square-inch area in
the lower corner of the windshield nearest the driver;
6. Direction, designation, or termination signs on buses, if
the signs do not interfere with the driver's clear view of
approaching traffic;
7. Rear window wiper motors;
8. Rear window defrosters or defoggers;
9. Rear truck lid handle or hinges;
10. Side windows to the rear of the driver or back windows that
have a substance or material in conjunction with glazing material
that has a light transmission of at least ten percent (10%) and a
luminous reflectance of at most twenty-five percent (25%) on all
vehicles manufactured prior to 1996 year models, if the motor
vehicle is equipped with outside mirrors on both left and right hand
sides of the vehicle that are so located as to reflect to the driver
a view of the highway through each mirror for a distance of at least
two hundred (200) feet to the rear of the motor vehicle;
11. Transparent material which is installed, affixed, or
applied to the topmost portion of the windshield if:
a.
it does not extend downward beyond the AS-1 line or
more than five (5) inches from the top of the
windshield, whichever is closer to the top of the
windshield, and
b.
the material is not red or amber in color;
Oklahoma Statutes - Title 47. Motor Vehicles
12. All windows to the rear of the driver's seat in a vehicle
licensed as a bus, as defined by Section 1-105 of this title, or a
taxicab, as defined by Section 1-174 of this title;
13. Vehicles not subject to registration in the State of
Oklahoma;
14. Implements of husbandry as defined by this title; and
15. Law enforcement vehicles which are owned by the state or a
political subdivision of the state.
E. This section shall not prohibit the use and placement of
federal, state, or political subdivision certificates on any window
as are required by applicable laws.
F. Louvered materials, when installed as designed, shall not
reduce the area of the driver's visibility below fifty percent (50%)
as measured on a horizontal plane. When such materials are used in
conjunction with the rear window, the measurement shall be made
based upon the driver's view from inside the rearview mirror.
G. A person who sells or installs any product regulated by this
section shall certify in a written statement, which shall be a part
of the contract for sale or installation and shall be in bold-face
type, that:
1. The product sold or installed is in compliance with the
reflectivity and transmittance requirements of this section;
2. The installation of the product to the driver's or
passenger's side window may be illegal in some states.
H. The Commissioner of Public Safety, upon application from a
person required for medical reasons to be shielded from the direct
rays of the sun, supported by written attestation of such fact from
a physician licensed pursuant to Section 495 of Title 59 of the
Oklahoma Statutes, may issue an exemption from the provisions of
this section for a motor vehicle belonging to such person or in
which such person is a habitual passenger. Any person may operate a
vehicle or alter the color or reduce the light transmitted through
the side or rear windows of a vehicle in accordance with an
exemption issued by the Commissioner.
I. Any person who violates any provision of this section, upon
conviction, shall be guilty of a misdemeanor and shall be punished
as provided for in Section 17-101 of this title.
Added by Laws 1991, c. 176, § 1, eff. Sept. 1, 1991. Amended by
Laws 1995, c. 229, § 1, emerg. eff. May 24, 1995; Laws 2002, c. 397,
§ 24, eff. Nov. 1, 2002; Laws 2005, c. 190, § 11, eff. Sept. 1,
2005.
§47-12-423. Emission control system - Disconnection, alteration,
modification, or replacement.
A. On any motor vehicle originally designed and equipped with
an emission control system such system shall be maintained in good
working order.
Oklahoma Statutes - Title 47. Motor Vehicles
B. No person shall:
1. Disconnect any part of such system except temporarily in
order to make repairs, replacements, or adjustments;
2. Modify or alter such system or its operation in any manner;
or
3. Operate, and no owner shall cause or permit to be operated,
any motor vehicle originally equipped with such system while any
part of that system is known by the owner to be disconnected or
while that system or its operation is modified or altered in any
manner.
C. The provisions of this section shall not apply to any
disconnection, alteration, modification, or replacement of a nature
intended to increase effectiveness of the system in controlling the
emission of air pollutants.
Added by Laws 2003, c.411, § 64, eff. Nov. 1, 2003.
§47-12-424. Obstruction to turning of steering control Definitions.
A. As used in this section:
1. "Jamming" means any obstruction to the turning of the
steering control caused by some interference with components of the
steering system, including but not limited to:
a.
tires which exceed the manufacturer's specifications,
or
b.
damaged fenders that interfere with a full right or
left turn; and
2. "Play" means the condition in which the steering control can
be turned through some part of a revolution but does not result in
movement of the front wheels.
B. No vehicle shall be operated which exhibits jamming,
roughness, or binding when turning the wheels from full right to
full left.
C. No vehicle shall be operated if the steering wheel:
1. Has more than six (6) inches of play, if the steering wheel
is eighteen (18) inches or less in diameter; or
2. Has more than eight (8) inches of play, if the steering
wheel is over eighteen (18) inches in diameter.
D. No vehicle shall be operated if any power steering pump is
inoperative or is not properly operating.
Added by Laws 2003, c.411, § 65, eff. Nov. 1, 2003.
§47-12-425. Absent, disconnected, or broken parts of suspension
system.
No vehicle shall be operated if any shock absorber, spring, or
strut of the suspension system is absent, disconnected, or broken.
Added by Laws 2003, c.411, § 66, eff. Nov. 1, 2003.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-12-426. Properly operating speedometer.
Every motor vehicle shall be equipped with a properly operating
speedometer capable of registering at least the maximum legal speed
limit for that vehicle.
Added by Laws 2003, c.411, § 67, eff. Nov. 1, 2003.
§47-12-427. Official slow-moving vehicle emblem.
A. The triangular yellow-orange and red slow moving vehicle
emblem which meets the standards and specifications of the American
Society of Agricultural Engineers, ASAE S276.3, Slow-Moving Vehicle
Identification Emblem, shall be recognized as the official slowmoving vehicle emblem of this state.
B. 1. All farm machinery, other machinery including all road
construction and maintenance machinery, and all other vehicles and
animal-drawn vehicles designed to operate and operating at a maximum
speed of no more than twenty-five (25) miles per hour traveling on a
highway during day or night shall display a slow-moving vehicle
emblem on the rear of the vehicle.
2. When such road construction and maintenance machinery is
engaged in actual construction or maintenance work and there is
either a flagman or clearly visible warning signs to warn of such
machinery's presence on the roadway are exempt from the requirements
of this section.
C. The emblem shall be positioned as near as practicable to the
center on the rear of the vehicle or machinery; provided however,
that in the case of a string of farm machinery or implements being
towed only one clearly visible emblem must be displayed on the
rearmost vehicle.
D. The use of such emblem shall be in addition to any lighting
devices or other equipment required by law. The failure on the part
of an owner or driver of any nonmotor vehicle to display the emblem
required in this section shall not relieve the operator of a motor
vehicle from negligence in the event of a collision. No person
shall use the slow-moving vehicle emblem except as required in this
section.
E. The evidence as to the use of such emblem or the lack of the
use of such emblem shall not be admissible in the trial of any case.
Added by Laws 1968, c. 216, § 1, emerg. eff. April 23, 1968.
Amended by Laws 1973, c. 270, §§ 1, 2, eff. Jan. 1, 1974; Laws 2003,
c. 411, § 84, eff. Nov. 1. 2003. Renumbered from Title 47, § 47149.1 by Laws 2003, c. 411, § 85, eff. Nov. 1, 2003.
§47-12-428. Converted school buses - Color.
School buses converted for purposes other than transporting
pupils to or from school shall be painted a color other than
National School Bus Yellow.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1973, c. 112, § 6. Amended by Laws 1974, c. 57, § 1;
Laws 1978, c. 262, § 2, eff. Oct. 1, 1978; Laws 2003, c. 411, § 18,
eff. Nov. 1, 2003. Renumbered from Title 47, § 12-102 by Laws 2003,
c. 411, § 85, eff. Nov. 1, 2003.
§47-12-501. Short title.
Sections 12-501 through 12-507 of this title shall be known and
may be cited as the "Odometer Setting Act".
Added by Laws 1982, c. 275, § 1. Amended by Laws 2005, c. 50, § 14,
eff. Nov. 1, 2005.
§47-12-502. Definitions.
As used in the Odometer Setting Act:
1. "Odometer" means an instrument for measuring and recording
the actual distance a motor vehicle travels while in operation; but
shall not include any auxiliary odometer designed to be reset by the
operator of the motor vehicle for the purpose of recording mileage
for a limited purpose;
2. "Repair and replacement" means to restore to sound working
condition by replacing the odometer or any part thereof or by
correcting the inoperative part;
3. "Transfer" means to change ownership of a motor vehicle by
purchase, sale or any other means wherein there is an exchange of
monetary or equivalent compensation;
4. "Transferee" means any person to whom ownership of a motor
vehicle is transferred by purchase or any other means wherein there
is an exchange of monetary or equivalent compensation;
5. "Transferor" means any person who transfers his ownership in
a motor vehicle by sale or any other means wherein there is an
exchange of monetary or equivalent compensation; and
6. "True mileage driven" means the amount of mileage a motor
vehicle has been driven as registered by the odometer within the
designed tolerance of the manufacturer.
Added by Laws 1982, c. 275, § 2.
§47-12-503. Prohibited acts.
No person shall:
1. Advertise for sale, sell, use or install or cause to be
installed or request for installation, any device which causes an
odometer to register any mileage other than the true mileage driven;
2. Disconnect, reset or alter, or cause or request to be
disconnected, reset or altered, the odometer of any motor vehicle
with intent to change the number of miles indicated thereon;
3. Knowingly operate a motor vehicle with a disconnected or
nonfunctional odometer on any street or highway with the intent of
misrepresenting the true mileage driven; and
Oklahoma Statutes - Title 47. Motor Vehicles
4. Conspire with any other person to violate any section of the
Odometer Setting Act.
Added by Laws 1982, c. 275, § 3.
§47-12-504. Service, repair or replacement of odometer.
A. Nothing in the Odometer Setting Act shall prevent the
service, repair or replacement of an odometer, provided the mileage
indicated thereon remains the same as before the service, repair or
replacement. Where the odometer is incapable of registering the
same mileage as before the service, repair or replacement, the
odometer shall be adjusted to read zero and a notice in writing
shall be attached to the left door frame of the vehicle by the owner
or his agent specifying the mileage prior to repair or replacement
of the odometer and the date on which it was repaired or replaced.
B. No person shall:
1. Fail to adjust an odometer or affix a notice regarding such
adjustment as required by subsection A of this section; and
2. Remove or alter any notice required by subsection A of this
section to be affixed to a motor vehicle, with intent to
misrepresent the true mileage driven.
Added by Laws 1982, c. 275, § 4.
§47-12-505. Transfer of ownership of motor vehicle - Information
required.
A. Any transferor shall give the following written information
to the transferee prior to the transfer of ownership of a motor
vehicle:
1. The odometer reading at the time of transfer;
2. The date of transfer;
3. The name and current address of the transferor; and
4. The identity of the vehicle, including the make, model,
year, body type and vehicle identification number.
B. In the disclosure required under this section, the
transferor shall also certify that to the best of his knowledge:
1. the odometer reading reflects the actual mileage; or
2. the odometer reading does not reflect actual mileage; or
3. the mileage is in excess of the mechanical limits of the
odometer.
The provisions of this section shall not apply to a transferor
whenever transfer of ownership of a motor vehicle shall pass by
bequest, descent, devise, gift or other means wherein there is no
exchange of monetary or equivalent compensation.
Added by Laws 1982, c. 275, § 5. Amended by Laws 1989, c. 290, § 5,
emerg. eff. May 24, 1989.
§47-12-506.
Violation - Penalty.
Oklahoma Statutes - Title 47. Motor Vehicles
Any person convicted of violating any of the provisions of the
Odometer Setting Act with intent to misrepresent the true mileage
driven of a motor vehicle shall be guilty of a misdemeanor and shall
be punished by a fine of not more than Ten Thousand Dollars
($10,000.00) or imprisonment for not more than one (1) year, or by
both fine and imprisonment. A person violating the provisions of
the Odometer Setting Act shall have civil liability for the greater
of three times the actual damages or One Thousand Five Hundred
Dollars ($1,500.00). Additionally, the court may award court costs
and attorney fees to the prevailing party in a civil action.
Added by Laws 1982, c. 275, § 6. Amended by Laws 1998, c. 10, § 1,
eff. Nov. 1, 1998; Laws 2016, c. 9, § 1, eff. July 1, 2016.
§47-12-507. Actions - Jurisdiction - Venue - Duty to prosecute.
The district court shall have jurisdiction, for cause shown, to
restrain violations of the Odometer Setting Act. The actions may be
brought by the district attorney for a district wherein any act,
omission or transaction constituting the violation occurred, or in
the district wherein the defendant is found, is an inhabitant, or
transacts business. If the district attorney fails to act, the
Attorney General shall intervene and proceed with the cause of
action.
Added by Laws 1982, c. 275, § 7.
§47-12-601. Headlamps and other illuminating devices on certain
motorcycles - Definition.
A. Every motorcycle of the model year 1978 or later operating
upon a highway within this state shall display at all times:
1. A lighted headlamp or headlamps; and
2. Any other illuminating devices, if manufactured to be
displayed at all times.
This subsection shall not apply to motorcycles used in official
law enforcement capacities.
B. The provisions of subsections A, C and D of Section 12-201
of this title shall apply to motorcycles; provided, however,
notwithstanding the provisions of subsection E of Section 12-201 of
this title, a motorcycle may be equipped with a motorcycle headlamp
modulation system as authorized by 49 C.F.R., Section 571.108,
S7.9.4.
C. As used in Chapter 12 of this title, “motorcycle” shall
include, unless otherwise specifically indicated, motorcycles and
motor-driven cycles as those terms are defined in Chapter 1 of this
title.
Added by Laws 2003, c. 411, § 68, eff. Nov. 1, 2003. Amended by
Laws 2004, c. 521, § 17, eff. Nov. 1, 2004; Laws 2005, c. 50, § 15,
eff. Nov. 1, 2005.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-12-602. Headlamps required - Permissible auxiliary lighting.
A. Every motorcycle shall be equipped with at least one
headlamp emitting a white light which shall comply with the
applicable requirements and limitations of Section 12-203 of this
title and of Sections 12-602.1, 12-203.4, 12-227 and 12-228 of this
title.
B. Every headlamp upon every motorcycle shall be located at a
height of not more than fifty-four (54) inches nor less than twentytwo (22) inches to be measured as set forth in subsection B of
Section 12-202 of this title.
C. Subject to subsections A and B of this section, a motorcycle
may be equipped with, and an operator of a motorcycle may use, the
following auxiliary lighting:
1. Standard bulb running lights; or
2. Light-emitting diode pods and strips.
D. Lighting under subsection C of this section shall be:
1. Nonblinking;
2. Nonflashing;
3. Nonoscillating; and
4. Directed toward the engine and the drive train of the
motorcycle to prevent interference with the driver's operation of
the vehicle.
E. For purposes of this section:
1. "Headlamp" shall not include passing lamp; and
2. "Passing lamp" shall mean an auxiliary front low-beam lamp
which emits a white light.
Added by Laws 2003, c.411, § 69, eff. Nov. 1, 2003. Amended by Laws
2004, c. 120, § 1, emerg. eff. April 19, 2004; Laws 2016, c. 151, §
1, eff. Nov. 1, 2017.
§47-12-602.1. Headlamps upon motorcycles - Minimum requirements.
Every headlamp upon every motorcycle shall meet the requirements
set forth in subsection C of Section 12-203 of this title.
Added by Laws 1961, p. 401, § 12-224. Amended by Laws 2003, c. 411,
§ 41, eff. Nov. 1, 2003. Renumbered from Title 47, § 12-224 by Laws
2003, c. 411, § 85, eff. Nov. 1, 2003.
NOTE: Renumbering by Laws 2003, c. 411, § 85 was editorially
renumbered from Title 47, § 12-603 to avoid a duplication in
numbering.
§47-12-603. Tail lamps.
A. Every motorcycle shall be equipped with at least one tail
lamp mounted on the rear on the vertical center line of the
motorcycle which shall emit a red light plainly visible from a
distance of one thousand (1,000) feet to the rear, provided that in
the case of a combination of vehicles only the tail lamp on the
rearmost vehicle need actually be seen from the distance specified.
Oklahoma Statutes - Title 47. Motor Vehicles
B. Every tail lamp shall be located at a height of not more
than sixty (60) inches nor less than fifteen (15) inches.
C. Either a tail lamp or a separate lamp with a white light
shall be so constructed and placed as to illuminate the rear license
plate and render it clearly legible from a distance of fifty (50)
feet to the rear. Any tail lamp, together with any separate lamp
for illuminating the rear license plate, shall be lighted whenever
the headlamp or driving lamp is lighted. The operation of a
motorcycle upon which the license plate is surrounded or framed,
partially or in whole, by any additional lamp or lamps or otherwise
lighted by any additional lamp or lamps, shall be a violation of
this subsection.
Added by Laws 2003, c.411, § 70, eff. Nov. 1, 2003.
§47-12-604. Reflectors.
A. Every motorcycle shall be equipped with and display at least
one reflector meeting the requirements of this section.
B. Every such reflector shall be mounted on the motorcycle at a
height not less than fifteen (15) inches nor more than sixty (60)
inches measured as set forth in subsection B of Section 12-202 of
this title, and shall be of such size and characteristics and so
mounted as to be visible at night from all distances within six
hundred (600) feet to one hundred (100) feet from the motorcycle
when directly in front of lawful lower beams of headlamps.
Added by Laws 2003, c. 411, § 71, eff. Nov. 1, 2003. Amended by
Laws 2005, c. 50, § 16, eff. Nov. 1, 2005.
§47-12-605. Stop lamps.
A. Every motorcycle shall be equipped with at least one stop
lamp meeting the requirements of this section.
B. The stop lamp required by this section:
1. Shall be mounted on the rear of the motorcycle;
2. Shall display a red or amber light, or any shade of color
between red and amber, visible from a distance of not less than five
hundred (500) feet to the rear in normal sunlight; and
3. Shall be actuated upon application of the brakes.
Added by Laws 2003, c.411, § 72, eff. Nov. 1, 2003.
§47-12-606. Electric flashing turn signal lamps.
A. Every motorcycle of model year 2005 and later shall be
equipped with electric flashing turn signal lamps meeting the
requirements of this section.
B. The flashing turn signal lamps required by this section:
1. Shall show to the front and rear of the motorcycle;
2. Shall be located on the same level and as widely spaced
laterally as practicable on the front of the motorcycle and when in
use shall display a white or amber light, or any shade of color
Oklahoma Statutes - Title 47. Motor Vehicles
between white and amber, visible from a distance of not less than
five hundred (500) feet to the front in normal sunlight;
3. Shall be located at the same level and as widely spaced
laterally as practicable on the rear of the motorcycle and when in
use shall display a red or amber light, or any shade of color
between red and amber, visible from a distance of not less than five
hundred (500) feet to the rear in normal sunlight; and
4. Shall indicate when actuated the intended direction of
turning by flashing the lights showing to the front and rear on the
side toward which the turn is made.
Added by Laws 2003, c.411, § 73, eff. Nov. 1, 2003.
§47-12-608. Brakes on motorcycles.
The brake system on any motorcycle shall comply with performance
ability standard set forth in 49 C.F.R., Section 571.121, and shall
be adequate to control the movement of the motorcycle and to stop
and hold the motorcycle, including two separate means of applying
the brakes. One means shall be effective to apply the brakes to the
front wheel, and one means shall be effective to apply the brakes to
the rear wheel or wheels.
Added by Laws 1961, p. 405, § 12-304. Amended by Laws 2003, c. 411,
§ 49, eff. Nov. 1, 2003. Renumbered from Title 47, § 12-304 by Laws
2003, c. 411, § 85, eff. Nov. 1, 2003.
§47-12-609. Motorcycles - Required equipment.
A. In addition to other requirements prescribed by this
chapter, by federal law or by local ordinance, all motorcycles,
except when operated on actual trail rides conducted outside of
public roads and highways, shall be equipped with:
1. Two rearview mirrors, containing a reflection surface of not
less than three (3) inches in diameter, mounted one on each side of
the motorcycle and positioned so as to enable the operator to
clearly view the roadway to the rear of the vehicle;
2. A windshield of sufficient quality, size and thickness to
protect the operator from foreign objects, except that in lieu of
such windshield, the operator shall wear goggles or other protective
eyewear which meets American National Standards Institute (ANSI)
Standard Z87.1 and provides positive retention, or a face shield of
material and design to protect the operator from foreign objects;
3. A properly operating speedometer capable of registering at
least the maximum legal speed limit for that motorcycle;
4. A fender over each wheel. All fenders shall be of the type
provided by the manufacturer;
5. A horn which shall comply with the requirements of Section
12-401 of this title; and
6. A muffler or other effective noise-suppressing system which
shall comply with the requirements of Section 12-402 of this title.
Oklahoma Statutes - Title 47. Motor Vehicles
B. No person under eighteen (18) years of age shall operate or
ride upon any motorcycle unless such person is properly wearing a
crash helmet of a type which complies with standards established by
49 C.F.R., Section 571.218.
Added by Laws 1967, c. 140, § 3. Amended by Laws 1969, c. 131, § 1,
emerg. eff. April 7, 1969; Laws 1975, c. 288, § 1; Laws 1976, c. 81,
§ 1, emerg. eff. May 3, 1976; Laws 2000, c. 228, § 1, eff. July 1,
2000. Amended by Laws 2003, c. 411, § 83, eff. Nov. 1, 2003.
Renumbered from Title 47, § 40-105 by Laws 2003, c. 411, § 85, eff.
Nov. 1, 2003; Laws 2025, c. 136, § 1, eff. Nov. 1, 2025.
§47-12-701. Provisions in chapter applicable to bicycles.
No provision in this chapter shall apply to bicycles or to
equipment for use on bicycles except as to provisions in this
article or unless a provision has been made specifically applicable
to bicyclists, bicycles, electric-assisted bicycles or their
equipment. As used in Chapter 12 of this title, "bicycle" shall
include, unless otherwise specifically indicated, bicycles, mopeds,
motorized bicycles, and electric-assisted bicycles, as those terms
are defined in Chapter 1 of this title.
Added by Laws 2003, c.411, § 74, eff. Nov. 1, 2003. Amended by Laws
2004, c. 521, § 18, eff. Nov. 1, 2004; Laws 2019, c. 43, § 5, eff.
Nov. 1, 2019.
§47-12-702. Front lamp.
Every bicycle in use at the times described in subsection B of
Section 12-201 of this title shall be equipped with a lamp on the
front emitting a white light visible from a distance of at least one
thousand (1,000) feet to the front. This section shall not apply to
a street or highway with a speed limit of twenty-five (25) miles per
hour or less.
Added by Laws 2003, c. 411, § 75, eff. Nov. 1, 2003. Amended by
Laws 2005, c. 50, § 17, eff. Nov. 1, 2005.
§47-12-703. Rear lamp.
Every bicycle in use at the times described in subsection B of
Section 12-201 of this title shall be equipped with a lamp on the
rear emitting a red light visible from a distance of at least one
thousand (1,000) feet to the rear. This section shall not apply to
a street or highway with a speed limit of twenty-five (25) miles per
hour or less.
Added by Laws 2003, c. 411, § 76, eff. Nov. 1, 2003. Amended by
Laws 2005, c. 50, § 18, eff. Nov. 1, 2005.
§47-12-704.
Reflector.
Oklahoma Statutes - Title 47. Motor Vehicles
Every bicycle shall be equipped with a red reflector which shall
be visible for six hundred (600) feet to the rear when directly in
front of lawful lower beams of headlamps on a motor vehicle.
Added by Laws 2003, c.411, § 77, eff. Nov. 1, 2003.
§47-12-705.
Repealed by Laws 2006, c. 173, § 9, eff. July 1, 2006.
§47-12-706. Reflective material.
Every bicycle when in use at the times described in subsection B
of Section 12-201 of this title shall be equipped with reflective
material of sufficient size and reflectivity to be visible from both
sides for six hundred (600) feet when directly in front of lawful
lower beams of headlamps on a motor vehicle.
Added by Laws 2003, c. 411, § 79, eff. Nov. 1, 2003. Amended by
Laws 2005, c. 50, § 19, eff. Nov. 1, 2005.
§47-12-707. Additional lights and reflectors.
A bicycle or its rider may be equipped with lights or reflectors
in addition to those required by the foregoing sections; provided,
such lights or reflectors shall comply with the provisions and
limitations of Article II of Chapter 12 of this title.
Added by Laws 2003, c. 411, § 80, eff. Nov. 1, 2003. Amended by
Laws 2005, c. 50, § 20, eff. Nov. 1, 2005.
§47-12-708. Brakes.
Every bicycle shall be equipped with a brake or brakes which
will enable its driver to stop the bicycle within twenty-five (25)
feet from a speed of ten (10) miles per hour on dry, level, clean
pavement.
Added by Laws 2003, c.411, § 81, eff. Nov. 1, 2003.
§47-12-709. Sirens.
A bicycle shall not be equipped with, nor shall any person use
upon a bicycle, any siren.
Added by Laws 2003, c.411, § 82, eff. Nov. 1, 2003.
§47-13-101. Vehicles without required equipment or in unsafe
condition.
No person shall drive or cause to be moved on any highway any
motor vehicle, trailer, semitrailer or pole trailer, or any
combination of vehicles, unless the equipment upon any and every
said vehicle is in good working order and adjustment as required in
this act and said vehicle is in such safe mechanical condition as
not to endanger the driver or occupant or any person upon the
highway.
Laws 1961, p. 412, § 13-101.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-13-102. Officers may inspect a vehicle and its equipment.
A. Members of the Oklahoma Highway Patrol and other employees
of the Department of Public Safety as designated by the
Commissioner, may at any time upon reasonable cause to believe that
a vehicle is unsafe or not equipped as required by law, or that its
equipment is not in proper adjustment or repair or the operator is
not properly licensed, require the driver of such vehicle to stop
and submit such vehicle to an inspection and such test with
reference thereto as may be appropriate.
B. In the event such vehicle or combination of vehicles is
found to be in an unsafe mechanical condition or is not equipped as
required by this act, the officer making the inspection may give the
driver a notice of arrest or written warning. Any person producing
proof within ten (10) working days from the date the citation was
issued that a condition or equipment for which the person was cited
as defective, missing, prohibited, improper, unauthorized or
otherwise in violation of this chapter has been remedied by the
person shall be entitled to dismissal of such charges without
assessment of court costs.
C. No person shall operate or cause to be operated any vehicle
or combination of vehicles after notice of arrest or written warning
has been issued of such unsafe condition or that the vehicle is not
equipped as required by this act, except as may be necessary to
return such vehicle or combination of vehicles to the residence or
place of business of the owner or driver if within a distance of
twenty (20) miles or to a garage, until said vehicle and its
equipment has been made to conform with the requirements of this
act.
D. Any vehicle or combination of vehicles found to have major
mechanical defects which would be hazardous to other users of the
highways if it were driven from the place of inspection as provided
for in subsection C of this section shall be towed to a garage for
repairs, and any repair charge, tow charge or storage charge for the
repair, removal and storing of the vehicle shall be the obligation
of the owner or operator.
Added by Laws 1961, p. 412, § 13-102, eff. Sept. 1, 1961. Amended
by Laws 2003, c. 199, § 10, eff. Nov. 1, 2003; Laws 2005, c. 50, §
21, eff. Nov. 1, 2005.
§47-13-103. Owner and drivers to submit vehicles for inspection.
Whenever the driver of a vehicle is directed by a member of the
Highway Patrol to stop and submit the mechanical condition of the
vehicle or its equipment to an inspection or test under the
conditions stated in this act, it shall be the duty of such driver
to stop and submit to such inspection or test and the failure or
refusal to do so is a misdemeanor.
Added by Laws 1961, p. 413, § 13-103, eff. Sept. 1, 1961.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-14-101. Scope and effect of chapter – Issuance of annual
overweight permits - Movement of certain vehicles at nighttime and
on holidays
A. It is a misdemeanor for any person to drive or move or for
the owner to cause or knowingly permit to be driven or moved on any
highway any vehicle or vehicles of a size or weight exceeding the
limitations stated in this chapter or otherwise in violation of this
chapter, and the maximum size and weight of vehicles herein
specified shall be lawful throughout this state and local
authorities shall have no power or authority to alter the
limitations except as express authority may be granted in this
chapter.
B. The Executive Director of the Department of Transportation
is directed to issue annual overweight permits to:
1. Municipalities and rural fire districts for the
transportation of firefighting apparatus at no cost to the
municipalities or rural fire districts;
2. Owners of implements of husbandry, which includes tractors
that are temporarily moved upon a highway at no cost to the owner;
3. Retail implement dealers while hauling implements of
husbandry at no cost to the dealer; and
4. Owners of certain vehicles as provided for in Section 14103G of this title.
C. If a vehicle is issued a license pursuant to Section 1134.4
of this title, the license shall also serve as the overweight permit
required by this section.
D. All size, weight and load provisions covered by this chapter
shall be subject to the limitations imposed by Title 23, United
States Code, Section 127, and such other rules and regulations
developed herein. Provided further that any size and weight
provision authorized by the United States Congress for use on the
National System of Interstate and Defense Highways, including, but
not limited to, height, axle weight, gross weight, combinations of
vehicles or load thereon shall be authorized for immediate use on
such segments of the National System of Interstate and Defense
Highways and any other highways or portions thereof as designated by
the Transportation Commission or their duly authorized
representative.
E. All size, weight and load provisions covered by Sections 14101 through 14-123 of this title shall be subject to a gross vehicle
weight limit of ninety thousand (90,000) pounds when applied to a
vehicle operating off the National System of Interstate and Defense
Highways unless such vehicle is operating in full compliance with an
overweight permit issued by the Executive Director of the Department
of Transportation.
Oklahoma Statutes - Title 47. Motor Vehicles
F. Any vehicle permitted for movement on the highways of this
state as provided in Section 14-101 et seq. of this title, other
than a vehicle permitted solely for overweight movement, shall be
moved only during daylight hours. As used in Section 14-101 et seq.
of this title, "daylight hours" shall mean one-half (1/2) hour
before sunrise to one-half (1/2) hour after sunset. The Executive
Director of the Department of Transportation, for good cause and
consistent with the safe movement of the vehicle, may endorse a
permit for the movement of an oversize vehicle to authorize
nighttime travel under such terms and restrictions as the Executive
Director of the Department of Transportation may require.
G. 1. Any vehicle permitted for movement on the highways of
this state as provided in Section 14-101 et seq. of this title shall
not be moved at any time on the following holidays:
a.
New Year's Day (January 1),
b.
Memorial Day (the last Monday in May),
c.
Fourth of July (Independence Day),
d.
Labor Day (the first Monday in September),
e.
Thanksgiving Day (the fourth Thursday in November),
and
f.
Christmas Day (December 25).
2. Any vehicle permitted for movement on the highways of this
state as provided in Section 14-101 et seq. of this title shall be
allowed to move on the following holidays:
a.
Martin Luther King, Jr.'s Birthday (the third Monday
in January),
b.
President's Day, also known as Washington's Birthday
(the third Monday in February), and
c.
Veteran's Day (November 11).
Added by Laws 1961, p. 413, § 14-101, eff. Sept. 1, 1961. Amended
by Laws 1972, c. 52, § 1, emerg. eff. March 15, 1972; Laws 1973, c.
119, § 1, emerg. eff. May 4, 1973; Laws 1977, c. 55, § 1, emerg.
eff. May 16, 1977; Laws 1993, c. 252, § 1, emerg. eff. May 26, 1993;
Laws 1998, c. 125, § 1, eff. Nov. 1, 1998; Laws 2002, c. 201, § 1,
emerg. eff. May 6, 2002; Laws 2003, c. 199, § 11, eff. Nov. 1, 2003;
Laws 2005, c. 62, § 1, eff. Nov. 1, 2005; Laws 2007, c. 324, § 1,
eff. July 1, 2008; Laws 2009, c. 59, § 1, eff. Nov. 1, 2009; Laws
2012, c. 227, § 2, emerg. eff. May 8, 2012; Laws 2015, c. 294, § 3,
eff. July 1, 2015; Laws 2016, c. 121, § 1, eff. July 1, 2016; Laws
2022, c. 116, § 2, eff. July 1, 2022.
§47-14-102.
15, 1972.
Repealed by Laws 1972, c. 52, § 5, emerg. eff. March
§47-14-103.
Width, height and length of vehicle and load.
Oklahoma Statutes - Title 47. Motor Vehicles
A. Except as otherwise provided for by this chapter, no
vehicle, with or without load, shall have a total outside width in
excess of one hundred two (102) inches excluding:
1. Tire bulge;
2. Approved safety devices;
3. A retracted awning with a width of eight (8) inches or less
or other appurtenance of four (4) inches or less which is attached
to the side of a recreational vehicle, as defined in Section 1102 of
this title; and
4. Pins used as a safety precaution or as a load-assisting
device if the pins do not extend the overall width of the vehicle
beyond nine (9) feet. The State of Oklahoma hereby declares it has
determined, in accordance with 23 C.F.R., Section 658.15, that such
pins are necessary for the safe and efficient operation of motor
vehicles.
The provisions of this subsection shall not apply to any person
engaged in the hauling of round baled hay with a total outside width
of eleven (11) feet or less when the hay is owned by such person and
is being hauled for any purpose other than resale. The provisions
of this subsection shall also not apply to any county official or
employee engaged in the hauling or pulling of a trailer or equipment
owned by the county on the county roads of such county.
B. Except as otherwise provided for by this chapter:
1. No vehicle, with or without load, shall exceed a height of
thirteen and one-half (13 1/2) feet on any county road, or fourteen
(14) feet on any turnpike, interstate, U.S. or state highway, unless
a greater height is authorized by a special permit issued by the
Executive Director of the Department of Transportation or an
authorized representative of the Department of Transportation
specifying the highways to be used, consistent with public
convenience and safety. The prohibitions on movement as prescribed
in subsection F of Section 14-101 of this title and paragraph 1 of
subsection G of Section 14-101 of this title shall not apply to
vehicles operated pursuant to such permits;
2. An official state bridge vertical clearance map providing
clearance heights as posted for bridges on the interstate, U.S. and
state highway systems shall be available on the Oklahoma Department
of Transportation website; and
3. Operators and owners of vehicles which exceed or have loads
which exceed thirteen and one-half (13 1/2) feet shall be held
liable for all damages to any part of structures spanning the
highway or damages suffered by other affected parties caused by the
vehicle or load exceeding the posted height.
C. Except as otherwise provided for by this chapter:
1. No single truck, with or without load, shall have an overall
length, inclusive of front and rear bumpers, in excess of forty-five
(45) feet;
Oklahoma Statutes - Title 47. Motor Vehicles
2. No single bus, with or without load, shall have an overall
length, inclusive of front and rear bumpers, in excess of forty-five
(45) feet;
3.
a.
On the National Network of Highways which includes the
National System of Interstate and Defense Highways and
four-lane divided Federal Aid Primary System Highways,
no semitrailer operating in a trucktractor/semitrailer combination shall have a length
greater than fifty-three (53) feet, except as provided
in subsection C of Section 14-118 of this title which
shall apply to semitrailers exceeding fifty-three (53)
feet but not exceeding fifty-nine (59) feet six (6)
inches. On the National System of Interstate and
Defense Highways and four-lane divided Federal Aid
Primary System Highways, no semitrailer or trailer
operating in a truck-tractor/semitrailer and trailer
combination shall have a length greater than fiftythree (53) feet;
b.
On roads and highways not a part of the National
System of Interstate and Defense Highways or four-lane
divided Federal Aid Primary System Highways, no
semitrailer operating in a truck-tractor/semitrailer
combination shall have a length greater than fiftythree (53) feet and no semitrailer or trailer
operating in a truck-tractor/semitrailer and trailer
combination shall have a length greater than twentynine (29) feet. Except as provided for in subsection
D of Section 14-118 of this title, no other
combination of vehicles shall have an overall length,
inclusive of front and rear bumpers, in excess of
seventy (70) feet on all roads and highways. For the
purposes of this paragraph, oil field rig-up trucks
shall be considered to be truck-tractors, when towing
a trailer or semitrailer;
c.
On the National Network of Highways the overall length
limitation of a towaway trailer transporter
combination may exceed length restrictions up to
eighty-two (82) feet;
d.
As used in this section:
(1) The term "trailer transporter towing unit" shall
mean a power unit that is not used to carry
property when operating in a towaway trailer
transporter combination, and
(2) The term "towaway trailer transporter
combination" shall mean a combination of vehicles
consisting of a trailer transporter towing unit
and two (2) trailers or semitrailers with a total
Oklahoma Statutes - Title 47. Motor Vehicles
weight that does not exceed twenty-six thousand
(26,000) pounds; and in which the trailers or
semitrailers carry no property and constitute
inventory property of a manufacturer, distributor
or dealer of such trailers or semitrailers;
4. No combination of vehicles shall consist of more than two
units, except:
a.
one truck and semitrailer or truck-tractor/semitrailer
combination may tow one complete trailer or
semitrailer, or
b.
vans, suburbans, blazers or other similar types of
vehicles and self-propelled recreational vehicles with
a three-quarter (3/4) ton or more rated capacity may
tow a semitrailer and one complete trailer or
semitrailer for recreational purposes only, provided
the overall length, inclusive of the front and rear
bumpers, does not exceed sixty-five (65) feet;
5. Poles and gas lines used to maintain public utility
services, not to include new construction, may be moved during
daylight hours, and during nighttime hours only in an emergency,
subject to traffic and road restrictions promulgated by the
Executive Director of the Department of Transportation, when the
overall length does not exceed eighty (80) feet. When this length
is exceeded, these loads are subject to the requirements of Section
14-118 of this title;
6. For the purposes of paragraphs 1, 3, and 4 of this
subsection, the length of unitized equipment, which is defined to be
equipment so constructed and attached to a rubber-tired vehicle that
the vehicle and load become a unit and are for all practical
purposes inseparable, shall be the length of the vehicle itself, and
shall not include any protrusion of the equipment load so
constructed or attached. The equipment shall not protrude for a
distance greater than two-thirds (2/3) of the wheel base of the
vehicle, shall not impair the driver's vision, and if less than
seven (7) feet above the roadway, shall be safely marked, flagged or
illuminated. Any such protruding structure shall be securely held
in place to prevent dropping or swaying. Unitized equipment shall
carry such safety equipment as shall be determined to be necessary
for the safety, health, and welfare of the driving public by the
Executive Director of the Department of Transportation;
7. For the purposes of paragraphs 1, 3, and 4 of this
subsection, a truck-tractor, when being towed by another vehicle
with the wheels of its steering axle raised off the roadway, shall
be considered to be a semitrailer as defined in Section 1-162 of
this title;
8. The provisions of paragraphs 1 and 3 of this subsection
shall not apply to any contractor or subcontractor, or agents or
Oklahoma Statutes - Title 47. Motor Vehicles
employees of any contractor or subcontractor, while engaged in
transporting material to the site of a project being constructed by,
for, or on behalf of this state or any city, town, county, or
subdivision of this state; and
9. Special mobilized machinery, as defined in Section 1102 of
this title, which exceeds the size provisions of this section shall
only use the highways of this state by special permit issued by the
Executive Director of the Department of Transportation or an
authorized representative of the Executive Director of the
Department of Transportation. Such special permit shall be:
a.
a single-trip permit issued under the provisions of
Section 14-116 of this title, or
b.
a special annual oversize permit issued for one (1)
calendar year period upon payment of a fee of Ten
Dollars ($10.00) plus any amount as provided by
subsection H of Section 14-118 of this title.
Added by Laws 1961, p. 413, § 14-103, eff. Sept. 1, 1961. Amended
by Laws 1963, c. 124, § 1, emerg. eff. June 3, 1963; Laws 1965, c.
80, § 1, emerg. eff. May 3, 1965; Laws 1971, c. 199, § 1, emerg.
eff. June 8, 1971; Laws 1972, c. 52, § 2, emerg. eff. March 15,
1972; Laws 1977, c. 55, § 2, emerg. eff. May 16, 1977; Laws 1983, c.
181, § 1, emerg. eff. June 9, 1983; Laws 1984, c. 64, § 1, eff. Nov.
1, 1984; Laws 1985, c. 290, § 2, operative July 1, 1985; Laws 1986,
c. 47, § 1, eff. Nov. 1, 1986; Laws 1990, c. 315, § 3, eff. July 1,
1990; Laws 1991, c. 156, § 2, emerg. eff. May 6, 1991; Laws 1993, c.
252, § 2, emerg. eff. May 26, 1993; Laws 1995, c. 27, § 3, eff. July
1, 1995; Laws 2000, c. 189, § 5, eff. July 1, 2000; Laws 2000, c.
228, § 2, eff. July 1, 2000; Laws 2002, c. 286, § 1, eff. July 1,
2002; Laws 2003, c. 279, § 7, emerg. eff. May 26, 2003; Laws 2018,
c. 8, § 1, eff. Nov. 1, 2018; Laws 2019, c. 277, § 1, eff. Nov. 1,
2019; Laws 2019, c. 335, § 1, eff. July 1, 2019; Laws 2022, c. 116,
§ 3, eff. July 1, 2022.
NOTE: Laws 2000, c. 151, § 1 repealed by Laws 2000, c. 228, § 3,
eff. July 1, 2000.
§47-14-103A. Motor vehicle and manufactured home combinations Overall length and width - Limitations on movement.
A. No combination of a motor vehicle and manufactured home or
frame or frames thereof shall have an overall length, inclusive of
front and rear bumpers, in excess of seventy (70) feet or a width in
excess of eighteen (18) feet while operating on the system of
interstate and defense highways. In determining the width of a
manufactured home, the overall width shall not exceed the eighteenfoot width limit. Such combination exceeding seventy (70) feet in
length or eight and one-half (8 1/2) feet in width must comply with
the provisions of Section 14-118 of this title. A front and rear
Oklahoma Statutes - Title 47. Motor Vehicles
escort shall be required on the interstate and defense highways for
vehicles meeting the parameters of this subsection.
B. If any combination of a motor vehicle and manufactured home
or frame thereof exceeds seventy (70) feet in overall length or
eight and one-half (8 1/2) feet in width, they shall be moved only
during daylight hours on the system of interstate and defense
highways. The towing vehicle must be at least three-fourths-ton
rated capacity with dual wheels.
Added by Laws 1965, c. 248, §§ 1, 2, emerg. eff. June 17, 1965.
Amended by Laws 1969, c. 313, § 1, emerg. eff. April 29, 1969; Laws
1970, c. 38, § 1, emerg. eff. Feb. 24, 1970; Laws 1971, c. 258, §§
1, 2, emerg. eff. June 16, 1971; Laws 1976, c. 85, § 1, emerg. eff.
May 3, 1976; Laws 1978, c. 81, § 1, eff. Oct. 1, 1978; Laws 1980, c.
125, § 1, emerg. eff. April 16, 1980; Laws 1981, c. 118, § 9; Laws
1984, c. 25, § 1, emerg. eff. March 22, 1984; Laws 1984, c. 270, §
1, eff. Nov. 1, 1984; Laws 1994, c. 127, § 1, eff. Sept. 1, 1994;
Laws 1998, c. 125, § 2, eff. Nov. 1, 1998; Laws 2019, c. 140, § 1,
eff. Nov. 1, 2019.
§47-14-103B. Automobile transporters - Extension of load - Height.
A. Any automobile transporter vehicle or combination of
automobile transporter vehicles operated under the provisions of
Section 14-103 of this title may carry an extension of load, the
extension not to exceed three (3) feet beyond the front nor more
than four (4) feet beyond the rear of the vehicle or combination of
vehicles thereof.
B. Any stinger-steered automobile transporter operated under
the provisions of Section 14-103 of this title may have an overall
length up to eighty (80) feet with an extension of load, with the
extension not to exceed four (4) feet beyond the front nor more than
six (6) feet beyond the rear of the vehicle or combination of
vehicles.
C. No automobile transporter vehicle, unladen or with load,
shall exceed a height of fourteen and one-half (14 1/2) feet.
D. An automobile transporter shall not be prohibited from the
transport of cargo or general freight on a backhaul, provided it
complies with weight limitations for a truck tractor and semitrailer
combination. As used in this section, "backhaul" means the return
trip of a vehicle transporting cargo or general freight, including
when carrying goods back over all or part of the same route.
Added by Laws 1969, c. 52, § 1, emerg. eff. March 4, 1969. Amended
by Laws 1981, c. 8, § 1, emerg. eff. April 1, 1981; Laws 2019, c.
277, § 2, eff. Nov. 1, 2019.
§47-14-103C. Special permits - Movement of houses or buildings.
A. The Executive Director of the Department of Transportation
shall upon proper application issue a special permit to any person
Oklahoma Statutes - Title 47. Motor Vehicles
allowing the movement on state and federal highways of a structure
in the form of a house or building, including, but not limited to,
industrialized housing as described in Section 14-103A of this
title, not exceeding thirty-two (32) feet in width at the base, and
thirty-four (34) feet in width at the top and twenty-one (21) feet
in height. The permit shall specify the highways to be used,
consistent with public convenience and safety, as determined by the
Executive Director of the Department of Transportation. In addition
to the prohibitions on movement as prescribed in Section 14-101 et
seq. of this title, such structures shall not be moved on Saturday
or Sunday.
B. If any structure or housing described in subsection A of
this section has a width in excess of sixteen (16) feet, the towing
vehicle shall be a tandem-axle vehicle of no less than two hundred
twenty (220) horsepower.
Added by Laws 1978, c. 81, § 2, eff. Oct. 1, 1978. Amended by Laws
1980, c. 265, § 1, emerg. eff. June 9, 1980; Laws 1995, c. 29, § 1,
emerg. eff. March 31, 1995; Laws 1998, c. 125, § 3, eff. Nov. 1,
1998; Laws 2003, c. 53, § 1, eff. Nov. 1, 2003; Laws 2004, c. 390, §
10, eff. July 1, 2004; Laws 2011, c. 166, § 1; Laws 2022, c. 116, §
4, eff. July 1, 2022.
§47-14-103D. Permit to transport or move manufactured home.
A. No person shall transport or move a manufactured home on any
public road or highway in this state, except as otherwise provided
by law, without a permit issued pursuant to the provisions of
Sections 14-103A and 14-103C of this title and subsection B of this
section, and without a current calendar year decal or current
registration or a repossession affidavit issued pursuant to Sections
1110 and 1126 of this title.
B. In addition to the permit information required by the
provisions of Sections 14-103A and 14-103C of this title, the permit
shall also include the following:
1. The name of the owner of the manufactured home;
2. The serial number or identification number of the
manufactured home;
3. A legal description or the physical address of the location
from which the manufactured home is to be moved;
4. A legal description or the physical address of the location
to which the manufactured home is to be moved; and
5. The name of the firm or individual repossessing the
manufactured home as it appears on the repossession affidavit, if
the movement is for repossession purposes and the repossession
affidavit is being used in lieu of current license plate and decal,
as provided in subsection E of Section 1113 of this title.
C. Except as otherwise provided by law, the Executive Director
of the Department of Transportation shall not issue a permit to any
Oklahoma Statutes - Title 47. Motor Vehicles
person to transport or move a manufactured home without a current
calendar year decal or current registration; provided:
1. Upon proof of possession of a dealer or in-transit license
plate, issued by the Oklahoma Tax Commission according to the
provisions of subsection D of Section 1128 of this title, the
Department of Transportation shall issue a permit to the holder of
such license;
2. The Executive Director of the Department of Transportation
shall issue a permit to the holder of a perfected security interest
in a manufactured home, or a licensed representative thereof,
pursuant to a lawful repossession of the manufactured home, if the
holder or representative is bonded by the state, to move the
manufactured home to a secure location with a repossession
affidavit; provided, all registration fees, excise taxes or ad
valorem taxes due on such home shall be required to be paid within
thirty (30) days of the issuance of the permit; and
3. The Executive Director of the Department of Transportation
shall issue a permit to transport or move a manufactured home used
for commercial purposes during the second through the sixth day of
the first month of the following calendar year if the applicant can
provide a special waiver and a commercial move affidavit authorized
pursuant to Section 2813 of Title 68 of the Oklahoma Statutes. As
used in this paragraph, "manufactured home used for commercial
purposes" means a manufactured home owned by any lawfully recognized
business entity the primary purpose of which is to provide temporary
housing for the employees or contractors of such business entity.
D. For the purposes of subsections A and C of this section, a
manufactured home registration receipt and Manufactured Home
Registration Decal attached to a certificate of title for a
manufactured home or receipts and decal as authorized by subsection
C of Section 1117 of this title shall be evidence of payment of the
excise tax and registration fees required pursuant to the provisions
of Section 1135 of this title and the Ad Valorem Tax Code.
E. The Department of Transportation shall notify the Oklahoma
Tax Commission, the county assessor of the county from which the
manufactured home is to be moved and the county assessor of the
county in which the manufactured home is to be moved of any permits
issued pursuant to the provisions of this section.
Added by Laws 1984, c. 253, § 4, operative July 1, 1984. Amended by
Laws 1985, c. 238, § 1, emerg. eff. July 8, 1985; Laws 1997, c. 192,
§ 8, eff. Jan. 1, 1998; Laws 2002, c. 417, § 1, eff. July 1, 2002;
Laws 2012, c. 269, § 1, eff. Jan. 1, 2013; Laws 2022, c. 116, § 5,
eff. July 1, 2022.
§47-14-103E. Notification of issuance of permit.
A. Upon issuance of a permit pursuant to the provisions of
Section 14-103D of this title, the Department of Transportation
Oklahoma Statutes - Title 47. Motor Vehicles
shall notify the Oklahoma Tax Commission of the issuance of such
permit. The notification shall include the permit information
required by subsection B of Section 14-103D of this title.
B. Upon notification of issuance of the permit pursuant to
subsection A of this section, the Tax Commission shall notify the
county assessor of the county in which the manufactured home is to
be located, of the issuance of the permit. Such notification shall
include the permit information required by subsection B of Section
14-103D of this title.
Added by Laws 1985, c. 238, § 4, emerg. eff. July 8, 1985. Amended
by Laws 2022, c. 116, § 6, eff. July 1, 2022.
§47-14-103F. Manufactured home used in construction, oil field or
seasonal farming activities - Special decals.
Any person, firm or corporation owning a manufactured home used
in the course of his construction, oil field or seasonal farming
activities, may apply for a special decal allowing such person to
transport said manufactured home on the highways of this state,
provided this section shall not be construed to waive the permit
otherwise required by Sections 14-103A and 14-103C of Title 47 of
the Oklahoma Statutes.
Such special decal shall be issued by any motor license agent
upon proof that said person, firm or corporation has paid all ad
valorem taxes due on such manufactured home for the current tax
year. The fee for such special decal shall be Four Dollars ($4.00).
Such special decal shall be valid for the taxable year.
Added by Laws 1985, c. 238, § 5, emerg. eff. July 8, 1985.
§47-14-103G. Oversize or overweight load vehicle permits - Annual
fleet permits – Permits for movement of oversized portable
buildings.
A. 1. The Department of Transportation may issue an annual
vehicle permit under the provisions of this subsection to a specific
vehicle, for the movement of oversize or overweight loads that
cannot reasonably be dismantled. Unless otherwise provided by law,
permits issued under this subsection shall be subject to the
conditions described in paragraphs 2 through 8 of this subsection.
2. Oversize or overweight loads operating under an annual
vehicle permit shall not exceed:
a.
twelve (12) feet in width,
b.
fourteen (14) feet in height,
c.
one hundred ten (110) feet in length, or
d.
one hundred twenty thousand (120,000) pounds gross
weight.
3. Oversize or overweight loads operating under an annual
vehicle permit under this subsection shall not transport a load that
Oklahoma Statutes - Title 47. Motor Vehicles
has more than a twenty-five-foot front overhang, or more than a
thirty-foot rear overhang.
4. The fee for an annual vehicle permit shall be Four Thousand
Dollars ($4,000.00) and shall be nonrefundable.
5. The annual vehicle permit shall be issued for one (1)
calendar year period and shall commence upon the date specified on
the permit.
6. An annual vehicle permit issued pursuant to this subsection
shall be nontransferable between permittees.
7. The permitted vehicle or vehicle combination shall be
registered in accordance with the provisions of Chapter 14 of this
title for maximum weight.
8. An annual vehicle permit issued pursuant to this subsection
may be transferred from one vehicle to another vehicle in the fleet
of the permittee provided:
a.
the permitted vehicle is destroyed or otherwise
becomes permanently inoperable to the extent that the
vehicle will no longer be utilized, and the permittee
presents proof to the Department of Transportation
that the negotiable certificate of title or other
qualifying documentation has been surrendered to the
Department of Transportation, or
b.
the certificate of title to the permitted vehicle is
transferred to someone other than the permittee, and
the permittee presents proof to the Department of
Transportation that the negotiable certificate of
title or other qualifying documentation has been
transferred from the permittee.
9. A permit issued for loads specific to turbine blades, used
for the purpose of wind generation, may exceed a length of one
hundred ten (110) feet.
B. 1. The Department of Transportation may issue an annual
vehicle permit under this subsection to a specific motor carrier,
for the movement of oversize or overweight loads that cannot
reasonably be dismantled. An annual vehicle permit issued under
this subsection may be transferred from one vehicle to another
vehicle in the fleet of the permittee provided:
a.
that no more than one vehicle is operating at a time,
and
b.
the original certified permit is carried in the
vehicle that is being operated under the terms of the
permit.
2. An annual vehicle permit issued under this subsection shall
be sent to the permittee via first-class, registered mail, or at the
request and expense of the permittee via overnight delivery service.
The annual vehicle permit shall not be duplicated. The annual
vehicle permit shall be replaced only if:
Oklahoma Statutes - Title 47. Motor Vehicles
a.
the permittee did not receive the original permit
within seven (7) business days after the date of
issuance,
b.
a request for replacement is submitted to the
Department of Transportation within ten (10) business
days after the original date of issuance of the
permit, and
c.
the request for replacement is accompanied by a
notarized statement signed by a principal or officer
of the permittee acknowledging that the permittee
understands the permit may not be duplicated and that
if the original permit is located, the permittee shall
return either the original or replacement permit to
the Department of Transportation.
3. A request for replacement of an annual vehicle permit issued
pursuant to the provisions of this subsection shall be denied if the
Department of Transportation can verify that the permittee received
the original annual vehicle permit.
4. Lost, misplaced, damaged, destroyed or otherwise unusable
annual vehicle permits shall not be replaced. A new permit shall be
required and shall be issued by the Department of Transportation.
C. 1. The Department of Transportation may issue an annual
fleet permit under this subsection to an electric utility, regulated
by the Corporation Commission or a rural electric cooperative solely
for the movement of poles. An annual fleet permit issued under this
subsection may be used by any vehicle in the fleet of the permittee
provided that a certified copy of the permit is carried in each
vehicle that is being operated under the terms of the permit.
2. Oversize loads operating under an annual permit issued
pursuant to this subsection shall not exceed:
a.
twelve (12) feet in width,
b.
fourteen (14) feet in height, or
c.
fifty-five (55) feet in length.
3. The annual fee for an annual fleet permit issued pursuant to
this subsection shall be Four Thousand Dollars ($4,000.00) and shall
be nonrefundable.
4. The annual fleet permit shall be issued for a one-calendaryear period and shall commence upon the date specified on the
permit.
5. The annual fleet permit issued under this subsection shall
be sent to the permittee via first class, registered mail, or at the
request and expense of the permittee via overnight delivery service.
The annual permit shall be replaced only if:
a.
the permittee did not receive the original permit
within seven (7) business days after the date of the
issuance,
Oklahoma Statutes - Title 47. Motor Vehicles
b.
a request for replacement is submitted to the
Department of Transportation within ten (10) business
days after the original date of issuance of the
permit, and
c.
the request for replacement is accompanied by a
notarized statement signed by an authorized person of
the permittee acknowledging that if the original
permit is located, the permittee shall either return
the original or replacement permit to the Department
of Transportation.
6. A request for replacement of an annual permit issued under
the provisions of this subsection shall be denied if the Department
of Transportation can verify the permittee received the original
annual permit.
7. Lost, misplaced, damaged, destroyed or otherwise unusable
annual permits shall not be replaced. A new permit shall be
required and shall be issued by the Department of Transportation.
8. For the purposes of paragraph 5 of subsection C of Section
14-103 of this title, the term "emergency" means any permitted
movement of poles pursuant to the provisions of this subsection that
is not for new construction of electric distribution facilities.
D. 1. The Department of Transportation shall issue an annual
vehicle permit under this subsection to a transportation company or
manufacturer of portable buildings solely for the movement of
oversize portable buildings for a specific manufacturer of portable
buildings. An annual vehicle permit issued under this subsection
may not be transferred from one vehicle to another vehicle in the
fleet. The name of the manufacturer shall be on the permit and on
any portable building being moved. The original certified permit
shall be carried in the vehicle that is being operated under the
terms of the permit.
2. Oversize loads operating under an annual vehicle permit
issued pursuant to this subsection shall not exceed:
a.
twelve (12) feet in width at the wall with no more
than a three-inch-eave overhang, or
b.
fourteen (14) feet in height.
3. The total gross weight of oversize loads operating under an
annual vehicle permit issued pursuant to this subsection shall not
exceed forty-five thousand (45,000) pounds.
4. The tow vehicle shall be limited to two axles, and the
vehicle identification number of the vehicle shall be on the permit.
5. The fee for an annual vehicle permit issued pursuant to this
subsection shall be Five Hundred Dollars ($500.00) and shall be
nonrefundable.
6. An annual vehicle permit issued under this subsection shall
be sent to the permittee via first-class, registered mail, or at the
request and expense of the permittee via overnight delivery service.
Oklahoma Statutes - Title 47. Motor Vehicles
The annual vehicle permit shall not be duplicated. The annual
vehicle permit shall be replaced only if:
a.
the permittee did not receive the original permit
within seven (7) business days after the date of
issuance,
b.
a request for replacement is submitted to the
Department of Transportation within ten (10) business
days after the original date of issuance of the
permit, and
c.
the request for replacement is accompanied by a
notarized statement signed by a principal or officer
of the permittee acknowledging that the permittee
understands the permit may not be duplicated and that
if the original permit is located, the permittee shall
return either the original or replacement permit to
the Department of Transportation.
7. A request for replacement of an annual vehicle permit issued
pursuant to the provisions of this subsection shall be denied if the
Department of Transportation can verify that the permittee received
the original annual vehicle permit.
8. A lost, misplaced, damaged, destroyed, or otherwise unusable
annual vehicle permit shall be replaced for a fee of Twenty-five
Dollars ($25.00).
Added by Laws 2009, c. 59, § 2, eff. Nov. 1, 2009. Amended by Laws
2009, c. 293, § 1, eff. Nov. 1, 2009; Laws 2013, c. 221, § 1, eff.
July 1, 2013; Laws 2014, c. 239, § 1, emerg. eff. May 9, 2014; Laws
2022, c. 116, § 7, eff. July 1, 2022.
§47-14-104.
20, 1972.
Repealed by Laws 1972, c. 56, § 2, emerg. eff. March
§47-14-105. Loads on vehicles.
A. No vehicle shall be driven or moved on any highway unless
such vehicle is so constructed or loaded as to prevent any of its
load from dropping, sifting, leaking, blowing or otherwise escaping
therefrom, except that sand may be dropped for the purpose of
securing traction, or water or other substances may be sprinkled on
a roadway in cleaning or maintaining such roadway.
B. No person shall operate on any highway any vehicle with any
load unless said load and any covering thereon is securely fastened
so as to prevent said covering or load from becoming loose, detached
or in any manner a hazard to other users of the highway. Any
vehicle loaded with sand, cinders, or other loose material
susceptible to blowing or otherwise escaping shall have such load
covered so as to prevent the blowing or escaping of said load from
the vehicle.
Oklahoma Statutes - Title 47. Motor Vehicles
C. This section shall not apply to trucks loaded with
livestock, poultry, hay or agricultural products, provided that any
such truck shall be so constructed or loaded as to prevent such
livestock, poultry or hay from escaping therefrom.
Added by Laws 1961, p. 414, § 14-105, eff. Sept. 1, 1961. Amended
by Laws 1967, c. 285, § 1, emerg. eff. May 8, 1967; Laws 1979, c.
284, § 2, eff. July 1, 1979; Laws 2010, c. 281, § 1, eff. Nov. 1,
2010.
§47-14-106. Trailers and towed vehicles.
Every trailer, or semitrailer, shall be equipped with a coupling
device which shall be so designed and constructed that the trailer,
or semitrailer will follow substantially in the path of the vehicle
drawing it without whipping or swerving from side to side. In
addition, every such trailer or semitrailer except a semitrailer
drawn by a truck-tractor type designed to draw or support the front
end of a semitrailer, shall be coupled with stay chains or cables to
the vehicle by which it is being drawn which chains or cable shall
be of sufficient size and strength to prevent parting from the
drawing vehicle should the regular coupling device break or become
otherwise disengaged.
Added by Laws 1961, p. 415, § 14-106, eff. Sept. 1, 1961.
§47-14-107. Definitions.
As used in this chapter:
1. "Axle load" means the total load transmitted to the road by
all wheels whose centers are included between two parallel
transverse vertical planes forty (40) inches apart, extending across
the full width of the vehicle;
2. "Tandem axle" means any two or more consecutive axles whose
centers are more than forty (40) inches apart, but not more than
ninety-five (95) inches apart;
3. "Split tandem axle" means any group of two or more
consecutive axles where the center of any two adjacent axles exceeds
ninety-five (95) inches, but does not exceed one hundred twenty
(120) inches;
4. "Nondivisible" means any load or vehicle exceeding
applicable length or weight which, if separated into smaller loads
or vehicles, would:
a.
compromise the intended use of the vehicle,
b.
destroy the value of the load or vehicle, or
c.
require more than eight (8) hours to dismantle using
appropriate equipment;
5. "Dual lane axles" also known as "trunnion axles" means an
axle configuration with two individual axles mounted in the same
transverse plane, with four tires on each axle, connected at a pivot
point that allows each individual axle to oscillate in a vertical
Oklahoma Statutes - Title 47. Motor Vehicles
plane to provide constant and equal weight distribution on each
individual axle; and
6. "Dual lane axles group" also known as "trunnion axle group"
means two or more consecutive trunnion axles that are individually
attached to, and/or articulated from, the vehicle, and may include a
weight equalizing suspension system.
Added by Laws 1961, p. 415, § 14-107, eff. Sept. 1, 1961. Amended
by Laws 1972, c. 52, § 3, emerg. eff. March 15, 1972; Laws 1977, c.
55, § 3, emerg. eff. May 16, 1977; Laws 1999, c. 285, § 1, emerg.
eff. May 27, 1999; Laws 2010, c. 281, § 2, eff. Nov. 1, 2010; Laws
2019, c. 317, § 1.
§47-14-109. Single-axle load limit - Gross weight of vehicle and
load - Exceptions - Additional fees - "Utility vehicle" defined.
A. On any road or highway:
1. No single axle weight shall exceed twenty thousand (20,000)
pounds; and
2. The total gross weight in pounds imposed thereon by a
vehicle or combination of vehicles shall not exceed the value
calculated in accordance with the Federal Bridge formula imposed by
23 U.S.C., Section 127.
B. Except as to gross limits, the formula of this section shall
not apply to a truck-tractor and dump semitrailer when used as a
combination unit. In no event shall the maximum load in pounds
carried by any set of tandem axles exceed thirty-four thousand
(34,000) pounds. Any vehicle operating with split tandem axles or
tri-axles shall adhere to the formula.
C. Except for loads moving under special permits as provided in
this title, no department or agency of this state or any county,
city, or public entity thereof shall pay for any material that
exceeds the legal weight limits moving in interstate or intrastate
commerce in excess of the legal load limits of this state.
D. 1. An annual special overload permit may be purchased for
vehicles transporting roll-off recycle metals, rock, sand, gravel,
coal, flour, timber, pulpwood, and chips in their natural state, oil
field fluids, oil field equipment or equipment used in oil and gas
well drilling or exploration, and vehicles transporting grain,
fertilizer, cottonseed, cotton, livestock, peanuts, canola,
sunflowers, soybeans, feed, any other raw agricultural products, and
any other unprocessed agricultural products, if the following
conditions are met:
a.
the vehicles are registered for the maximum allowable
rate,
b.
the vehicles do not exceed five percent (5%) of the
gross limits set forth in subsection A of this
section,
Oklahoma Statutes - Title 47. Motor Vehicles
c.
the vehicles do not exceed eight percent (8%) of the
axle limits set forth in subsection A of this section,
d.
no component of the vehicles exceeds the
manufacturer's component weight rating as shown on the
vehicle certification label or tag, and
e.
the vehicles operating pursuant to the provisions of
this paragraph will not be allowed to operate on the
National System of Interstate and Defense Highways.
2. Vehicles operating pursuant to this section must register
for the maximum allowable rate and additionally shall purchase a
nontransferable annual special overload permit from the Department
of Transportation for a fee of Three Hundred Fifty Dollars
($350.00). All monies collected shall be deposited to the credit of
the Highway Construction and Maintenance Fund.
E. 1. Oversize or overweight vehicles used for specialized
transportation if the maximum weight does not exceed twenty-three
thousand (23,000) pounds on any single axle and:
a.
is a dual lane trailer with dual lane axles and the
width of the transport vehicle or trailer exceeds
twelve (12) feet in width, or
b.
the overall gross vehicle weight of a single trailer
meets or exceeds three hundred thousand (300,000)
pounds, originates or terminates at the Tulsa Port of
Catoosa, and the trip is confined within a thirty-mile
radius of the Port.
2. Permit fees for oversize or overweight vehicles used for
specialized transportation shall be in accordance with subsection A
of Section 14-116 of this title.
3. Vehicles operating pursuant to the provisions of this
paragraph will not be allowed to operate on the National System of
Interstate and Defense Highways.
F. Exceptions to this section will be:
1. Utility or refuse collection vehicles used by counties,
cities, or towns or by private companies contracted by counties,
cities, or towns if the following conditions are met:
a.
calculation of weight for a utility or refuse
collection vehicle shall be "Gross Vehicle Weight".
The "Gross Vehicle Weight" of a utility or refuse
collection vehicle may not exceed the otherwise
applicable weight by more than fifteen percent (15%).
The weight on individual axles must not exceed the
manufacturer's component rating which includes axle,
suspension, wheels, rims, brakes, and tires as shown
on the vehicle certification label or tag, and
b.
utility or refuse collection vehicles operated under
these exceptions will not be allowed to operate on
interstate highways;
Oklahoma Statutes - Title 47. Motor Vehicles
2. A combination of a wrecker or tow vehicle and another
vehicle or vehicle combination if:
a.
the service provided by the wrecker or tow vehicle is
needed to remove disabled, abandoned, or accidentdamaged vehicles, and
b.
the wrecker or tow vehicle is towing the other vehicle
or vehicle combination directly to the nearest
appropriate place of repair, terminal, or vehicle
storage facility;
3. A vehicle operating pursuant to the provisions of paragraph
2 of this subsection shall not be allowed to operate on the National
System of Interstate and Defense Highways unless it is a covered
heavy-duty tow and recovery vehicle that:
a.
is transporting a disabled vehicle from the place
where the vehicle became disabled to the nearest
appropriate repair facility, and
b.
has a gross vehicle weight that is equal to or exceeds
the gross vehicle weight of the disabled vehicle being
transported; and
4. On the interstate highway system a vehicle designed to be
used under emergency conditions to transport personnel and equipment
and to support the suppression of fires and mitigation of other
hazardous situations with a vehicle weight limit up to a maximum
gross vehicle weight of eighty-six thousand (86,000) pounds with
less than:
a.
twenty-four thousand (24,000) pounds on a single
steering axle,
b.
thirty-three thousand five hundred (33,500) pounds on
a single drive axle,
c.
sixty-two thousand (62,000) pounds on a tandem axle,
or
d.
fifty-two thousand (52,000) pounds on a tandem rear
drive steer axle.
G. 1. Any vehicle utilizing an auxiliary power or idle
reduction technology unit in order to promote reduction of fuel use
and emissions because of engine idling shall be allowed an
additional four hundred (400) pounds total to the total gross weight
limits set by this section.
2. To be eligible for the exception provided in this
subsection, the operator of the vehicle must obtain written proof or
certification of the weight of the auxiliary power or idle reduction
technology unit and be able to demonstrate or certify that the idle
reduction technology is fully functional.
3. Written proof or certification of the weight of the
auxiliary power or idle reduction technology unit must be available
to law enforcement officers if the vehicle is found in violation of
applicable weight laws. The additional weight allowed cannot exceed
Oklahoma Statutes - Title 47. Motor Vehicles
four hundred (400) pounds or the actual proven or certified weight
of the unit, whichever is less.
H. On the Interstate Highway System, a vehicle carrying fluid
milk products shall be considered a load that cannot be easily
dismantled or divided, or "nondivisible".
I. Utility, refuse collection vehicles or a combination of a
wrecker or tow vehicle as described in paragraphs 1 and 2 of
subsection F of this section operating under exceptions shall
purchase an annual special overload permit from the Department of
Transportation for One Hundred Dollars ($100.00). All monies
collected shall be deposited to the credit of the Highway
Construction and Maintenance Fund.
Added by Laws 1961, p. 415, § 14-109, eff. Sept. 1, 1961. Amended
by Laws 1969, c. 307, § 1, emerg. eff. April 28, 1969; Laws 1972, c.
52, § 4, emerg. eff. March 15, 1972; Laws 1977, c. 55, § 4, emerg.
eff. May 16, 1977; Laws 1985, c. 155, § 1, emerg. eff. June 11,
1985; Laws 1985, c. 179, § 62, operative July 1, 1985; Laws 1986, c.
279, § 22, operative July 1, 1986; Laws 1987, c. 6, § 5, emerg. eff.
March 16, 1987; Laws 1987, c. 232, § 2, emerg. eff. July 5, 1987;
Laws 1990, c. 108, § 1, operative July 1, 1990; Laws 1995, c. 221, §
1, eff. July 1, 1995; Laws 1996, c. 106, § 1, eff. Nov. 1, 1996;
Laws 1998, c. 289, § 1, emerg. eff. May 27, 1998; Laws 2001, c. 84,
§ 1, eff. Nov. 1, 2001; Laws 2001, c. 263, § 1, eff. July 1, 2001;
Laws 2002, c. 286, § 2, eff. July 1, 2002; Laws 2007, c. 324, § 2,
eff. Nov. 1, 2007; Laws 2008, c. 69, § 2, eff. Nov. 1, 2008; Laws
2009, c. 102, § 1, eff. Nov. 1, 2009; Laws 2014, c. 22, § 1, eff.
July 1, 2014; Laws 2014, c. 296, § 1, eff. July 1, 2014; Laws 2015,
c. 52, § 1, eff. Nov. 1, 2015; Laws 2018, c. 52, § 1, eff. July 1,
2018; Laws 2019, c. 166, § 1, eff. July 1, 2019; Laws 2019, c. 317,
§ 2; Laws 2022, c. 116, § 8, eff. July 1, 2022.
§47-14-109.1. Load overweight violations not to be recorded as
traffic offenses under certain conditions.
Motor vehicle load overweight violations shall not be recorded
as traffic offenses on the driving record of the operator of the
vehicle, unless the operator is the owner of the vehicle, or the
owner of a majority of the stock of any company which is the owner
of the vehicle, on which the violation occurs.
Laws 1977, p. 1004, S.J.R.No.33, § 1.
§47-14-109.2. Weighing as single draft.
A. Except as hereinafter provided, for the purpose of
delivering agriculture commodities to and from the farm only, any
vehicle or combination of vehicles shall be commercially weighed on
a vehicle scale only as a single draft, that is, the total weight of
the vehicle or combination of vehicles shall not be determined by
adding together the results obtained by separately weighing each end
Oklahoma Statutes - Title 47. Motor Vehicles
of the vehicle or combination of vehicles, or by separately weighing
individual elements of such vehicle or combination of vehicles.
Provided, however, that when a vehicle or combination of vehicles is
not weighed as a single draft the weight ticket shall be stamped
"multiple draft weight; not guaranteed accurate". Provided further,
that any one truck and semitrailer or truck-tractor/semitrailer
combination may tow one complete trailer or semitrailer for the
purpose of delivering agriculture commodities to and from the farm,
such single axle and gross weight limits provided for by Section 14109 of this title applying fully herein.
B. This section shall not be construed to allow or permit any
vehicle or combination of vehicles to exceed:
1. The axle load limit, as prescribed in Section 14-109 of this
title, of twenty thousand (20,000) pounds per single axle; or
2. The tandem axle weight, as prescribed in Sections 14-101 and
14-109 of this title; or
3. The overall gross vehicle weight of eighty thousand (80,000)
pounds for vehicles or ninety thousand (90,000) pounds for longer
combination vehicles as defined in U.S. Code 23, Section 127,
operating on the Dwight D. Eisenhower System of Interstate and
Defense Highways in accordance with the provisions of Section 14-118
of this title; or
4. The total overall gross weight of ninety thousand (90,000)
pounds for all other highways in this state, except those highways
prescribed in Section 14-113 of this title.
Added by Laws 1961, p. 4, § 1, emerg. eff. March 7, 1961. Amended
by Laws 1995, c. 27, § 6, eff. July 1, 1995. Renumbered from §
127.1 of this title by Laws 1995, c. 27, § 8, eff. July 1, 1995.
Amended by Laws 1996, c. 229, § 1, eff. July 1, 1996.
§47-14-109.3. Exemption for vehicles fueled by compressed or
liquefied natural gas
A. A motor vehicle, if operated by an engine fueled wholly or
partially by compressed or liquefied natural gas, may exceed the
gross vehicle weight limits and any axle weight limits by an amount,
not to exceed a maximum of two thousand (2,000) pounds, that is
equal to the difference between:
1. The weight of the vehicle attributable to the natural gas
tank and fueling system carried by that vehicle; and
2. The weight of a comparable diesel tank and fueling system.
B. The weight exemption allowed under this section shall extend
to all state roads and also to interstate highways per the exemption
expressly permitted under section 127(s) of Title 23 of the United
States Code, as amended by Section 1410 of the Fixing America's
Surface Transportation Act of 2015.
Added by Laws 2016, c.65, § 1, eff. July 1, 2016.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-14-109.4. Exemption for vehicles fueled by electricity or
hydrogen.
A. A motor vehicle or a commercial motor vehicle, if operated
by an engine fueled wholly or partially by an electric battery or
hydrogen fuel cell electric fueling system, may exceed the gross
vehicle weight limits and any axle weight limits by an amount, not
to exceed a maximum of two thousand (2,000) pounds, that is equal to
the difference between:
1. The weight of the vehicle attributable to electric batteries
or hydrogen fuel cell electric fueling system carried by that
vehicle; and
2. The weight of a comparable diesel tank and fueling system.
B. The weight exemption allowed under this section shall extend
to all state roads and highways; however, vehicles operating
pursuant to the provisions of this section shall only be allowed to
operate on the National System of Interstate and Defense Highways
with a federal exemption.
Added by Laws 2022, c. 195, § 1, emerg. eff. May 4, 2022.
§47-14-110. Carrying registration certificate - Inspection.
The registration certificate for any truck, trailer, semitrailer
or combination thereof shall be carried in or on the vehicle at all
times and shall be presented on demand of any officer of the
Department of Public Safety, Oklahoma Corporation Commission, or any
sheriff for inspection, and it shall be accepted in any court as
prima facie evidence of weight registration or legally authorized
load limit of the vehicle.
Added by Laws 1961, p. 416, § 14-110. Amended by Laws 2004, c. 522,
§ 6, eff. July 1, 2004.
§47-14-111. Weighing vehicles - Compelling unloading - Certificates
- Bills of sale - Proof of ownership - Impounding.
A. Any officer of the Department of Public Safety, the
Corporation Commission, any sheriff, or any salaried deputy sheriff
is authorized to stop any vehicle upon any road or highway in order
to weigh such vehicle by means of portable or stationary scales, or
cause the same to be weighed by any official weigher, or upon any
privately owned scales and may require that such vehicles be driven
to the nearest or most convenient available scales for the purpose
of weighing. Any officer weighing a vehicle pursuant to this
section by means of portable scales shall allow the driver of the
vehicle to move the vehicle to the most level weighing area
available within two (2) miles of the stop. In the event that any
axle weight or the gross weight of any such vehicle be found to
exceed the maximum weight authorized by law, or by permit issued
therefor, the officer may require, in the case of separable loads,
the driver, operator or owner thereof to unload at the site such
Oklahoma Statutes - Title 47. Motor Vehicles
portion of the load as may be necessary to decrease the weight of
such vehicle to the maximum weight authorized by law. Provided,
however, that if such load consists of livestock, perishable
merchandise, or merchandise that may be destroyed by the weather,
then the driver shall be permitted to proceed to the nearest
practical unloading point in the direction of destination before
discharging such excess cargo. All material so unloaded shall be
cared for by the owner or operator of such vehicle at the risk of
such owner or operator.
B. The operator of any truck or other vehicle transporting farm
products for hire or other merchandise for hire shall have in his or
her possession a certificate carrying the following information:
name of the operator; driver license number; vehicle registration
number; Corporation Commission permit number; and statement of owner
authorizing transportation of the products by above named operator.
For the purposes of this section "certificate" includes electronic
manifests and other similar documents that include all of the
information required pursuant to this section.
Should the vehicle be loaded with livestock, the certificate
shall include the number of animals, and should the livestock be the
property of more than one person, a certificate signed by each owner
carrying the above information including the number of animals owned
by each owner shall be carried by the operator. Should the operator
be the owner of the merchandise or livestock, the merchandise or
livestock having just been purchased, the operator shall have in his
or her possession a bill of sale for such merchandise or livestock.
Should the operator be the owner of livestock or other farm products
produced by the operator, the operator shall be required to show
satisfactory identification and ownership of the vehicle. Any
officer as outlined in this chapter shall have the authority to stop
any vehicle loaded with livestock, merchandise or other farm
products and investigate as to the ownership of the merchandise,
livestock or other farm products. Should the operator of any
vehicle be unable to establish to the satisfaction of the officer
the ownership of the merchandise, livestock or other products, or
shall not have the certificate as specified in this section for the
transportation of such merchandise, livestock or other farm
products, the merchandise, livestock or other farm products and the
vehicle in which they are being transported shall be impounded by
the officer and any expense as to the care of any livestock shall be
the responsibility of the owner or operator of the vehicle, and any
loss or damage of the merchandise, livestock or other farm products
shall be the responsibility of the operator or owner, or both.
The provisions of this subsection shall not apply to a person
who is transporting horses or livestock; provided, the person shall
not have been hired to transport the horses or livestock.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1961, p. 416, § 14-111, eff. Sept. 1, 1961. Amended
by Laws 2001, c. 309, § 4, eff. Nov. 1, 2001; Laws 2004, c. 522, §
7, eff. July 1, 2004; Laws 2010, c. 118, § 1, eff. July 1, 2010;
Laws 2010, c. 363, § 1, emerg. eff. June 7, 2010; Laws 2011, c. 119,
§ 1; Laws 2012, c. 249, § 2, eff. July 1, 2012.
§47-14-112.
20, 1972.
Repealed by Laws 1972, c. 56, § 2, emerg. eff. March
§47-14-113. When the department of highways or local authorities
may restrict right to use highways.
The Director of the Department of Transportation with respect to
highways on the state highway system, or local authorities with
respect to highways under their jurisdiction, as defined in Title 69
of the Oklahoma Statutes, may prohibit the operation of vehicles on
any such highways, or impose restrictions as to the weights of
vehicles to be operated upon any state or federal highway or any
detour established for such highways, or for any bridge located upon
such highways or detours, whenever any such highway, detour or
bridge by reason of deterioration, rain, snow or other climatic
conditions will be seriously damaged or destroyed unless the use of
vehicles thereon is prohibited or the permissible weight reduced.
Such restrictions shall be effective when signs giving notice
thereof are erected upon the highway, detour, bridge, or portion
thereof affected by such action, and the Department of Public Safety
has been notified. The purpose of this provision with respect to
local authorities is to give such authorities an opportunity to
prevent or minimize an immediate threat of serious harm or
destruction to any highway, detour or bridge under their
jurisdiction due to rain, snow or other climatic conditions.
Nothing stated herein shall be construed to grant local authorities
the right to issue permits designed to regulate the use of
overweight vehicles upon highways subject to their jurisdiction, and
the issuance of such permits is expressly prohibited.
Added by Laws 1961, p. 417, § 14-113. Amended by Laws 2001, c. 249,
§ 8, eff. July 1, 2001.
§47-14-114. Liability for damage to highway or structure.
(a) The owner and operator of any motor vehicle who shall drive
the same into any overpass or underpass and shall damage such
overpass or underpass shall be absolutely liable to the owner or
owners of such overpass or underpass thereby damaged for the amount
of such damage, regardless of the height of such vehicle and
regardless of the clearance in such overpass or underpass, and
failure of such overpass or underpass to be sufficient in height to
clear the vehicles hereby authorized shall not be a defense to any
action for such damages. The provisions of this section shall be
Oklahoma Statutes - Title 47. Motor Vehicles
enforceable only in the event the overpass or underpass so damaged
has a sign on each side thereof clearly legible and correctly
stating the clearance thereof in feet and inches.
(b) The driver, owner, and any other person, firm or corporation
responsible for a vehicle being on the highways or county roads of
this state shall be responsible for all damages which said highways,
including the bridges, pavement and all other public property
thereon, may sustain as a result of a violation of the provisions of
this or any other chapter regulating the usage of the highways, or
as a result of the negligent or improper operation of said vehicle,
and the county or state agency having charge of said highway may
recover the amount of such damages in an action for damages.
The owner, driver, and any other person, firm or corporation
responsible for any vehicle operating under an overweight or
oversize permit shall be responsible for any damages to highway
bridges or roads caused by the operation of such vehicle, whether
caused by negligence or not, and no further permits shall be issued
to such owner or operator until payment has been made for such
damages. The amount of such damages may be recovered in an action
for damages brought by the county or state agency having charge of
said highway. The issuance of any special permit shall not be
considered a warranty of any bridge or highway to support the
permitted load.
Laws 1961, p. 417, § 14-114.
§47-14-115.
20, 1972.
Repealed by Laws 1972, c. 56, § 2, emerg. eff. March
§47-14-116. Permit fees - Escrow account system - Applications Emergencies - Provisional permits - Violations - Disposition and
allocation of proceeds.
A. The Executive Director of the Department of Transportation
shall charge a minimum permit fee of Forty Dollars ($40.00) for any
permit issued pursuant to the provisions of Section 14-101 et seq.
of this title. In addition to the permit fee, the Executive
Director of the Department of Transportation shall charge a fee of
Ten Dollars ($10.00) for each thousand pounds in excess of the legal
load limit. The Executive Director of the Department of
Transportation shall establish any necessary rules for collecting
the fees.
B. The Department of Transportation is authorized to establish
an escrow account system for the payment of permit fees. Authorized
motor carriers meeting established credit requirements may
participate in the escrow account system for permits purchased from
all size and weight permit offices in this state. Carriers not
choosing to participate in the escrow account system shall be
required to make payment of the required fee or fees upon purchase
Oklahoma Statutes - Title 47. Motor Vehicles
of each permit as required by law. All monies collected through the
escrow account system shall be deposited to a special account of the
Department of Transportation and placed in the custody of the State
Treasurer. Proceeds from permits purchased using the escrow account
system shall be distributed as provided for in subsection H of this
section. However, fees collected through such accounts for the
electronic transmission, transfer or delivery of permits, as
provided for in Section 14-118 of this title, shall be credited to
the Weigh Station Improvement Revolving Fund established pursuant to
Section 1167 of this title.
C. 1. Application for permits shall be made a reasonable time
in advance of the expected time of movement of such vehicles. For
emergencies affecting the health or safety of persons or a
community, permits may be issued for immediate movement.
2. Size and weight permit offices in all districts where
applicable shall issue permits to authorize carriers by telephone
during weekdays.
D. No overweight permit shall be valid until all license taxes
due the State of Oklahoma have been paid.
E. No permit violation shall be deemed to have occurred when an
oversize or overweight movement is made pursuant to a permit whose
stated weight or size exceeds the actual load.
F. Any permit issued for a truck or truck-tractor operating in
combination with a trailer or a semitrailer shall contain only the
license plate number for the truck or truck-tractor if the permittee
provides to the Department of Transportation a list containing the
license plate number, and such other information as the Department
of Transportation may prescribe by rule, for each trailer or
semitrailer which may be used for movement with the permit. When
the permittee provides the list described in this subsection, the
license plate number for any trailer or semitrailer to be moved with
the permit shall not be included on the permit; provided, a trailer
or semitrailer which is not on the list shall not be authorized to
be used for movement with the permit. It shall be the
responsibility of the permittee to ensure the list provided to the
Department of Transportation is maintained and updated with any
fleet changes. The Department of Transportation shall adopt any
rules deemed necessary to administer the provisions of this
subsection.
G. The first deliverer of motor vehicles designated truck
carriers or well service carriers manufactured in Oklahoma shall not
be required to purchase an overweight permit when being delivered to
the first purchaser.
H. Except as provided in Section 14-122 of this title, the
first One Million Two Hundred Sixteen Thousand Dollars
($1,216,000.00) of proceeds from both the permit fees and the
overweight permit fees imposed pursuant to subsection A of this
Oklahoma Statutes - Title 47. Motor Vehicles
section collected monthly shall be apportioned by Service Oklahoma
as provided in Section 1104 of this title. For the fiscal year
beginning July 1, 2022, and all subsequent years, the next Two
Million Five Hundred Thousand Dollars ($2,500,000.00) of proceeds
from both the permit fees and the overweight permit fees imposed
pursuant to subsection A of this section collected monthly shall be
remitted to the Department of Public Safety for the purpose of
staffing the port of entry weigh stations with Department of Public
Safety port of entry officers whose powers and duties shall be
specified by the Department of Public Safety through the
promulgation of rules. For the fiscal year beginning July 1, 2017,
and all subsequent years, all proceeds collected from both the
permit fees and the overweight permit fees imposed pursuant to
subsection A of this section in excess of Three Million Seven
Hundred Sixteen Thousand Dollars ($3,716,000.00) shall be deposited
in the Weigh Station Improvement Revolving Fund as provided in
Section 1167 of this title for the purpose set forth in that section
and may be used for motor carrier permitting systems and motor
carrier safety and enforcement.
Added by Laws 1961, p. 418, § 14-116, eff. Sept. 1, 1961. Amended
by Laws 1965, c. 364, § 5, emerg. eff. July 1, 1965; Laws 1967, c.
369, § 2, emerg. eff. May 22, 1967; Laws 1969, c. 171, § 1, eff.
July 1, 1969; Laws 1970, c. 315, § 1, emerg. eff. April 27, 1970;
Laws 1971, c. 75, § 1, emerg. eff. April 13, 1971; Laws 1972, c.
230, § 1, emerg. eff. April 7, 1972; Laws 1974, c. 292, § 1, emerg.
eff. May 29, 1974; Laws 1975, c. 308, § 1, emerg. eff. June 7, 1975;
Laws 1976, c. 241, § 10, emerg. eff. June 15, 1976; Laws 1977, c.
248, § 13, emerg. eff. June 15, 1977; Laws 1978, c. 270, § 9, emerg.
eff. May 10, 1978; Laws 1979, c. 243, § 12, emerg. eff. June 1,
1979; Laws 1980, c. 343, § 10, emerg. eff. June 25, 1980; Laws 1981,
c. 264, § 11, emerg. eff. June 25, 1981; Laws 1982, c. 352, § 15,
operative July 1, 1982; Laws 1983, c. 286, § 26, operative July 1,
1983; Laws 1984, c. 160, § 1, eff. Nov. 1, 1984; Laws 1985, c. 179,
§ 63, operative July 1, 1985; Laws 1985, c. 305, § 11, emerg. eff.
July 24, 1985; Laws 1986, c. 279, § 23, operative July 1, 1986; Laws
1987, c. 5, § 159, emerg. eff. March 11, 1987; Laws 1993, c. 243, §
54, eff. Sept. 1, 1993; Laws 1994, c. 391, § 1, eff. Jan. 1, 1995;
Laws 1995, c. 308, § 1, eff. July 1, 1996; Laws 2002, c. 397, § 25,
eff. Nov. 1, 2002; Laws 2007, c. 144, § 1, eff. July 1, 2008; Laws
2010, c. 428, § 1, eff. July 1, 2010; Laws 2012, c. 218, § 1, eff.
July 1, 2012; Laws 2012, c. 283, § 10, eff. July 1, 2012; Laws 2016,
c. 121 § 2, eff. July 1, 2016; Laws 2016, c. 373, § 3, eff. July 1,
2016; Laws 2022, c. 116, § 9, eff. July 1, 2022; Laws 2025, c. 171,
§ 6, eff. July 1, 2026.
§47-14-116a.
Penalties.
Transportation of manufactured home without permit -
Oklahoma Statutes - Title 47. Motor Vehicles
Any person, firm, or corporation who moves or transports any
load or manufactured home without a permit issued by the Department
of Transportation as required by the provisions of this chapter
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be punished as follows:
1. For the first such violation, by a fine of Five Hundred
Dollars ($500.00);
2. For the second such violation, by a fine of One Thousand
Dollars ($1,000.00); and
3. For the third and subsequent violations, by a fine of not
less than One Thousand Dollars ($1,000.00) nor more than Five
Thousand Dollars ($5,000.00).
The permit shall be carried by the operator of the vehicle
moving or transporting the load or manufactured home and shall be
available for inspection by any law enforcement officer. If said
operator is found not to possess a permit, the load or manufactured
home shall not continue to be moved or transported. Thereafter, the
load or manufactured home shall not be moved or transported further
except by the operator of a vehicle moving or transporting the load
or manufactured home who is in possession of a permit authorizing
the movement of the load or manufactured home.
Added by Laws 1985, c. 238, § 6, emerg. eff. July 8, 1985. Amended
by Laws 2004, c. 390, § 11, eff. July 1, 2004; Laws 2022, c. 116, §
10, eff. July 1, 2022.
§47-14-117.
1984.
Repealed by Laws 1984, c. 49, § 4, operative July 1,
§47-14-118. Motor carriers - Permits - Oklahoma Load Limit Map Saddlemounts - Exemptions and restrictions - Driveaway permits.
A. 1. Pursuant to such rules as may be prescribed by Oklahoma
agencies of jurisdiction, Oklahoma motor carriers may engage in any
activity in which carriers subject to the jurisdiction of the
federal government may be authorized by federal legislation to
engage. Provided further, the Transportation Commission shall
formulate for the State Trunk Highway System, including the National
System of Interstate and Defense Highways, and for all other
highways or portions thereof, rules governing the movement of
vehicles or loads which exceed the size or weight limitations
specified by the provisions of this chapter.
2. Such rules shall be the basis for the development of a
system by the Executive Director of the Department of Transportation
for the issuance of permits for the movement of oversize or
overweight vehicles or loads. Such system shall include, but not be
limited to, provisions for duration, seasonal factors, hours of the
day or days when valid, special requirements as to flags, flagmen
and warning or safety devices and other such items as may be
Oklahoma Statutes - Title 47. Motor Vehicles
consistent with the intent of this section. The permit system shall
include provisions for the collection of permit fees as well as for
the issuance of the permits by telephone, electronic transfer or
such other methods of issuance as may be deemed feasible.
3. The Department of Transportation is authorized to charge a
fee of Two Dollars ($2.00) for each permit requested to be issued by
facsimile machine or by any other means of electronic transmission,
transfer or delivery. The fee shall be in addition to any other fee
or fees assessed for the permit. The fee shall be deposited in the
State Treasury to the credit of the Department of Transportation and
the monies shall be expended by the Department of Transportation
solely for the purposes provided for in this chapter.
4. It is the purpose of this section to permit the movement of
necessary overweight and oversize vehicles or loads consistent with
the following obligations:
a.
protection of the motoring public from potential
traffic hazards,
b.
protection of highway surfaces, structures, and
private property, and
c.
provision for normal flow of traffic with a minimum of
interference.
B. The Transportation Commission shall prepare and publish a
map of this state showing by appropriate symbols the various highway
structures and bridges in terms of maximum size and weight
restrictions. This map shall be titled "Oklahoma Load Limit Map"
and shall be revised periodically to maintain a reasonably current
status and in no event shall a period of two (2) years lapse between
revisions and publication of the printed version of the Oklahoma
Load Limit Map. This map shall also be made available by the
Department of Transportation on the Internet, and in no event shall
a period of six (6) months lapse between revisions of the
information provided on the Internet. Provided, further, the
Secretary of the Department of Transportation shall prepare and
publish a map of this state showing the advantages of this state as
a marketing, warehousing and distribution network center for motor
transportation sensitive industries.
C. The Executive Director of the Department of Transportation,
or an authorized representative, shall have the authority, within
the limitations formulated under provisions of this chapter, to
issue, withhold or revoke special permits for the operation of
vehicles or combinations of vehicles or loads which exceed the size
or weight limitations of this chapter. Every such permit shall be
carried in the vehicle or combination of vehicles to which it refers
and shall be open to inspection by any law enforcement officer or
authorized agent of any authority granting such permit, and no
person shall violate any of the terms or conditions of such special
permit.
Oklahoma Statutes - Title 47. Motor Vehicles
D. It shall be permissible in the transportation of empty
trucks on any road or highway to tow by use of saddlemounts, i.e.,
mounting the front wheels of one vehicle on the bed of another
leaving the rear wheels only of such towed vehicle in contact with
the roadway. One vehicle may be fullmounted on the towing or towed
vehicles engaged in any driveaway or towaway operation. No more
than three saddlemounts may be permitted in such combinations. The
towed vehicles shall be securely fastened and operated under the
applicable safety requirements of the United States Department of
Transportation and such combinations shall not exceed an overall
length of seventy-five (75) feet. Provided, a driveaway saddlemount
with fullmount vehicle transporter combination may reach an overall
length of ninety-seven (97) feet on the National Network of
Highways.
E. The Executive Director of the Department of Transportation,
upon application of any person engaged in the transportation of
forest products in the raw state, which is defined to be tree-length
logs moving from the forest directly to the mill, or upon
application of any person engaged in the hauling for hire or for
resale of round baled hay with a total outside width of eleven (11)
feet or less, shall issue an annual permit, upon payment of a fee of
Twenty-five Dollars ($25.00) each year, authorizing the operation by
such persons of such motor vehicle load lengths and widths upon the
highways of this state except on the National System of Interstate
and Defense Highways. Provided, however, the restriction on use of
the National System of Interstate and Defense Highways shall not be
applicable to persons engaged in the hauling of round baled hay with
a total outside width of eleven (11) feet or less.
F. The Executive Director of the Department of Transportation,
upon application of any person engaged in the transportation of
overwidth or overheight equipment used in soil conservation work
with a total outside width of twelve (12) feet or less, shall issue
an annual permit, upon payment of a fee of Twenty-five Dollars
($25.00) each year, authorizing the operation by such persons of
such motor vehicle load lengths and widths upon the highways of this
state except on the National System of Interstate and Defense
Highways.
G. Farm equipment including, but not limited to, implements of
husbandry as defined in Section 1-125 of this title shall be
exempted from the requirement for special permits due to size. Such
equipment may move on any highway, except those highways which are
part of the National System of Interstate and Defense Highways,
during the hours of darkness and shall be subject to the
requirements as provided in Section 12-215 of this title. In
addition to those requirements, tractors pulling machinery over
thirteen (13) feet wide must have two amber flashing warning lamps
symmetrically mounted, laterally and widely spaced as practicable,
Oklahoma Statutes - Title 47. Motor Vehicles
visible from both front and rear, mounted at least thirty-nine (39)
inches high.
H. Any rubber-tired road construction vehicle including rubbertired truck cranes and special mobilized machinery either selfpropelled or drawn carrying no load other than component parts
safely secured to the machinery and its own weight, but which is
overweight by any provisions of this chapter, shall be authorized to
move on the highways of this state. Movement of such vehicles shall
be authorized on the National System of Interstate and Defense
Highways only by special permit secured from the Executive Director
of the Department of Transportation or an authorized representative
upon determination that the objectives of this section will be
served by such a permit and that federal weight restrictions will
not be violated. The special permit shall be:
1. A single-trip permit issued under the provisions of this
section and Section 14-116 of this title; or
2. A special annual overweight permit which shall be issued for
one calendar year period upon payment of a fee of Sixty Dollars
($60.00).
The weight of any such vehicle shall not exceed six hundred
fifty (650) pounds multiplied by the nominal width of the tire. The
vehicle shall be required to carry the safety equipment adjudged
necessary for the health and welfare of the driving public. If any
oversized vehicle does not come under the other limitations of the
present laws, it shall be deemed that the same shall travel only
between the hours of sunrise and sunset. The vehicle, being
overweight but of legal dimension, shall be allowed continuous
travel. The vehicles, except special mobilized machinery, shall be
exempt from the laws of this state relating to motor vehicle
registration, licensing or other fees or taxes in lieu of ad valorem
taxes.
I. 1. When such machinery has a width greater than eight and
one-half (8 1/2) feet, or a length, exclusive of load, of forty-five
(45) feet, or a height in excess of thirteen and one-half (13 1/2)
feet, then the permit may restrict movement to a fifty-mile radius
from an established operating base, and may designate highways to be
traveled, hours of travel and when flagmen may be required to
precede or follow the equipment.
2. Possession of a permit shall in no way be construed as
exempting such equipment from the authority of the Executive
Director of the Department of Transportation to restrict use of
particular highways, nor shall it exempt owners or operators of such
equipment from the responsibility for damage to highways caused by
movement of the equipment. Nothing in this subsection shall apply
to machinery used in highway construction or road material
production.
Oklahoma Statutes - Title 47. Motor Vehicles
3. Upon the issuance of a special mobilized machinery driveaway
permit as provided in this subsection, special mobilized machinery
manufactured in Oklahoma shall be permitted to move upon the
highways of this state from the place of manufacture to the state
line for delivery and exclusive use outside the state, and may be
temporarily returned to Oklahoma for modification and repair, with
subsequent movement back out of the state. Special driveaway
permits for such movements shall be issued by the Executive Director
of the Department of Transportation, who may act through designated
agents, upon the payment of a fee in the amount of Fifteen Dollars
($15.00) for each movement.
4. The size of the special mobilized machinery shall not be
such as to create a safety hazard in the judgment of the Executive
Director of the Department of Transportation. Permits for such
special mobilized machinery shall specify a maximum permissible road
speed of sixty (60) miles per hour, designate safety equipment to be
carried and may exclude use of highways of the interstate system.
5. When such equipment has a width greater than eight and onehalf (8 1/2) feet, or a length exclusive of load of forty-five (45)
feet, or a height in excess of thirteen and one-half (13 1/2) feet,
the permit may designate highways to be traveled, hours of travel
and when flagmen may be required to precede or follow the equipment.
6. Possession of a special driveaway permit shall in no way be
construed as exempting such equipment from the authority of the
Executive Director of the Department of Transportation to restrict
use of particular highways, nor shall it exempt the owners or
operators of such equipment from the responsibility for damage to
highways caused by the movement of such equipment.
Added by Laws 1972, c. 56, § 1, emerg. eff. March 20, 1972. Amended
by Laws 1977, c. 55, § 5, emerg. eff. May 16, 1977; Laws 1980, c.
125, § 2, emerg. eff. April 16, 1980; Laws 1980, c. 265, § 2, emerg.
eff. June 9, 1980; Laws 1985, c. 290, § 3, operative July 1, 1985;
Laws 1987, c. 232, § 1, emerg. eff. July 5, 1987; Laws 1991, c. 156,
§ 3, emerg. eff. May 6, 1991; Laws 1993, c. 252, § 3, emerg. eff.
May 26, 1993; Laws 1995, c. 308, § 2, eff. July 1, 1996; Laws 1996,
c. 220, § 1, emerg. eff. May 23, 1996; Laws 1998, c. 125, § 4, eff.
Nov. 1, 1998; Laws 2000, c. 189, § 6, eff. July 1, 2000; Laws 2001,
c. 309, § 5, eff. Nov. 1, 2001; Laws 2002, c. 397, § 26, eff. Nov.
1, 2002; Laws 2006, c. 65, § 1, emerg. eff. April 17, 2006; Laws
2007, c. 55, § 1, eff. Nov. 1, 2007; Laws 2011, c. 153, § 1, eff.
Nov. 1, 2011; Laws 2012, c. 162, § 1, eff. Nov. 1, 2012; Laws 2013,
c. 15, § 30, emerg. eff. April 8, 2013; Laws 2014, c. 239, § 2,
emerg. eff. May 9, 2014; Laws 2022, c. 116, § 11, eff. July 1, 2022.
NOTE: Laws 1980, c. 127, § 1 repealed by Laws 1980, c. 265, § 3,
emerg. eff. June 9, 1980. Laws 2012, c. 283, § 11 repealed by Laws
2013, c. 15, § 31, emerg. eff. April 8, 2013.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-14-118.1. Multi-state oversize and overweight permits.
The Department of Transportation is authorized to enter into
agreements with governmental entities outside this state for the
issuance of regional and national oversize and overweight permits
for single-trip nondivisible loads. The Executive Director of the
Department of Transportation shall adopt rules necessary to
implement the agreements and shall issue multi-state permits for
single-trip nondivisible loads in accordance with the terms of the
agreements and shall receive and remit permit fees from a Department
of Transportation special account in accordance with the agreements
and state law.
Added by Laws 1995, c. 122, § 1, eff. July 1, 1995. Amended by Laws
1996, c. 324, § 5; Laws 2022, c. 116, § 12, eff. July 1, 2022.
§47-14-119. Load capacity violations - Penalties.
Any common, contract, or private motor carrier or any shipper,
firm, corporation, or other person who willfully or knowingly
transports a load having a capacity greater than the axle or gross
weights authorized by statute or by special permit pursuant to the
provisions of Sections 14-116 and 14-118 of this title, or who loads
or causes or requires a vehicle to be loaded to said capacity, upon
conviction, is guilty of a misdemeanor and shall be subject to the
penalties and fines provided for in Section 172 of Title 47 of the
Oklahoma Statutes or to a fine in the amount provided for in
Sections 1115.2 and 1115.3 of Title 22 of the Oklahoma Statutes.
Added by Laws 1984, c. 49, § 1, operative July 1, 1984. Amended by
Laws 1995, c. 27, § 4, eff. July 1, 1995.
§47-14-120. Movement of certain manufactured items - Limitations Permits - Fees - Escorts.
A. Manufactured items, with the exception of manufactured homes
as defined in Section 1102 of this title and industrialized housing
as described in subsection B of Section 14-103A of this title,
exceeding sixteen (16) feet but not exceeding twenty-three (23) feet
in width traveling:
1. From a point of manufacture in this state to a point of
delivery in this state or to a point of delivery in another state;
or
2. From a point of manufacture outside this state to a point of
delivery in this state or to a point of delivery in another state
shall be permitted, upon receipt of a special movement permit issued
under the provisions of subsection B of this section, to travel on
any state or U.S. highway in Oklahoma. Provided, however, the
Executive Director of the Department of Transportation is authorized
to allow such items in excess of twenty-three (23) feet in width to
travel on such highway if it is in the best interest of the state
and a special moving permit has been issued. Provided, further,
Oklahoma Statutes - Title 47. Motor Vehicles
that no such load in excess of the limitations set forth in the
applicable United States Code shall be permitted to travel upon any
portion of the National System of Interstate and Defense Highways.
B. Every person desiring to transport manufactured items
pursuant to the provisions of this section shall apply to the
Department of Transportation for a special movement permit on an
application form prescribed by the Department. Upon approval of the
application by the Department of Transportation, a special movement
permit shall be issued for a fee of Five Hundred Dollars ($500.00).
Except as provided in Section 14-122 of this title, monies received
from such special movement permit fees shall be deposited in the
State Treasury to the credit of the General Revenue Fund. A permit
issued pursuant to the provisions of this subsection shall expire
upon the completion of one trip specified in subsection A of this
section. The special movement permit, and fee related thereto,
shall be in addition to the permit and fees required by Section 14116 of this title.
C. Highway escorts shall be required for transportation of
items pursuant to the provisions of this section according to rules
and regulations prescribed by the Department of Transportation.
Added by Laws 1971, c. 129, § 3, eff. May 5, 1971. Amended by Laws
1972, c. 156, § 1, eff. April 7, 1972; Laws 1984, c. 160, § 2, eff.
Nov. 1, 1984. Renumbered from § 116.21 of this title by Laws 1984,
c. 160, § 3, eff. Nov. 1, 1984. Amended by Laws 1987, c. 5, § 160,
emerg. eff. March 11, 1987; Laws 1987, c. 91, § 1, eff. Nov. 1,
1987; Laws 1995, c. 27, § 5, eff. July 1, 1995; Laws 2010, c. 428, §
2, eff. July 1, 2010; Laws 2022, c. 116, § 13, eff. July 1, 2022.
§47-14-120.1. Vehicles 12 or more feet wide to be escorted.
A. 1. Any vehicle or combination of vehicles with an outside
width that exceeds twelve (12) feet operating on highways in the
state, including the National System of Interstate and Defense
Highways, shall, in addition to being in compliance with provisions
of Section 14-101 et seq. of this title, be accompanied by an escort
vehicle or vehicles, as prescribed by the Department of
Transportation.
2. Escort vehicle requirements shall not apply to retail
implement dealers transporting farm implements from a retail
distribution point to a farm or other location within a one hundred
fifty (150) air-mile radius from the distribution point. For the
purposes of this subsection, "retail implement dealers" shall mean a
business engaged primarily in the sale of farm tractors as defined
in Section 1-118 of this title or implements of husbandry as defined
in Section 1-125 of this title or a combination thereof.
B. No person shall operate an escort vehicle for hire, as
required by this section, unless the person has been certified by
the Department of Transportation as an escort vehicle operator.
Oklahoma Statutes - Title 47. Motor Vehicles
C. Any person not required to be certified by the Department of
Transportation as an escort vehicle operator may tow a trailer when
escorting a manufactured home. Such trailer shall not exceed eight
and one-half (8 1/2) feet in width and twenty (20) feet in length
with siding not to exceed four (4) feet in height measured from the
bed of the trailer.
The trailer may only be used to transport supplies and equipment
necessary to carry out the mission of escort vehicle operators.
D. The Executive Director of the Department of Transportation
shall promulgate rules for the certification of operators of escort
vehicles and the use of escort vehicles, as required by this
section.
E. The Executive Director of the Department of Transportation
is hereby authorized to enter into reciprocal compacts and
agreements with other states for the purpose of recognizing escort
vehicle operator certifications issued by those states.
Added by Laws 1998, c. 423, § 2. Amended by Laws 2001, c. 130, § 1,
emerg. eff. April 24, 2001; Laws 2011, c. 330, § 1; Laws 2021, c.
389, § 1, emerg. eff. May 3, 2021; Laws 2022, c. 116, § 14, eff.
July 1, 2022.
§47-14-120.2. Law enforcement escort – Transport of oversized load
or hazardous shipment by road or rail – Fees.
A. Every person required by the Department of Transportation,
the Oklahoma Turnpike Authority, or any federal agency or commission
to have a law enforcement escort provided by the Oklahoma Highway
Patrol Division of the Department of Public Safety for the transport
of any oversized load or hazardous shipment by road or rail shall
pay to the Department of Public Safety a fee covering the full cost
to administer, plan, and carry out the escort within this state.
B. If the Highway Patrol provides an escort to accompany the
transport of an oversized load or hazardous shipment by road or rail
at the request of any person that is not required to have a law
enforcement escort pursuant to subsection A of this section, then
the requestor shall pay to the Department of Public Safety a fee
covering the full cost to administer, plan, and carry out the escort
within this state.
C. The Department of Public Safety shall adopt a schedule of
fees necessary to implement this section.
D. All fees collected by the Department of Public Safety
pursuant to this section shall be deposited to the credit of the
Department of Public Safety Revolving Fund established pursuant to
Section 2-144.1 of this title.
Added by Laws 2004, c. 390, § 12, eff. July 1, 2004. Amended by
Laws 2012, c. 283, § 12, eff. July 1, 2012; Laws 2022, c. 116, § 15,
eff. July 1, 2022; Laws 2023, c. 107, § 1, eff. Nov. 1, 2023.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-14-121. Special combination vehicles - Permits.
A. No person shall operate a special combination vehicle within
this state without a special combination vehicle permit for the
vehicle issued by the Department of Transportation. Such permit may
be issued for operation upon Federal Aid Interstate Highways or
four-lane divided Federal Aid Primary Highways and for access or
egress between points of origin or destination.
B. The Executive Director of the Department of Transportation
shall promulgate rules for the issuance of special combination
vehicle permits and shall collect an annual fee of Two Hundred Forty
Dollars ($240.00) for each such permit issued. Except as provided
in Section 14-122 of this title, fees collected pursuant to this
section shall be remitted to the State Treasurer to be credited to
the General Revenue Fund in the State Treasury.
C. For the purposes of this section, a special combination
vehicle shall consist of a truck-tractor semitrailer combination
towing two complete trailers or semitrailers. No semitrailer or
trailer used in such a combination shall have a length greater than
twenty-nine (29) feet nor shall a special combination vehicle exceed
the weight limitations imposed by Sections 14-109 and 14-116 of this
title.
Added by Laws 1986, c. 37, § 1, eff. Sept. 1, 1986. Amended by Laws
1987, c. 5, § 161, emerg. eff. March 11, 1987; Laws 2010, c. 428, §
3, eff. July 1, 2010; Laws 2022, c. 116, § 16, eff. July 1, 2022.
§47-14-122. Apportionment of fees.
A. Notwithstanding the provisions of Section 1104 of Title 47
of the Oklahoma Statutes, the first Twenty Million Dollars
($20,000,000.00) of the following fees shall be deposited in the
General Revenue Fund to be apportioned as follows:
1. Twenty Dollars ($20.00) of any fee collected for a minimum
permit fee pursuant to Section 14-116 of Title 47 of the Oklahoma
Statutes;
2. Five Dollars ($5.00) of any fee collected for excess weight
pursuant to Section 14-116 of Title 47 of the Oklahoma Statutes;
3. Two Hundred Fifty Dollars ($250.00) of any fee collected
pursuant to Section 14-120 of Title 47 of the Oklahoma Statutes; and
4. One Hundred Twenty Dollars ($120.00) of any fee collected
pursuant to Section 14-121 of Title 47 of the Oklahoma Statutes.
B. Any fees collected pursuant to Sections 14-116, 14-120 and
14-121 of Title 47 of the Oklahoma Statutes that are in excess of
Twenty Million Dollars ($20,000,000.00) shall be apportioned as
otherwise provided for in the sections specified in this subsection.
Added by Laws 2010, c. 428, § 4, eff. July 1, 2010.
§47-14-123. Roads and highways - Size, weight, and speed
regulations.
Oklahoma Statutes - Title 47. Motor Vehicles
Any motor vehicle of any size, except those motor vehicles
regulated pursuant to Section 14-101 et seq. of Title 47 of the
Oklahoma Statutes, meeting the legal requirements for safety
equipment and licensed to operate on public roadways in this state
shall be allowed to operate in accordance with all size, weight and
speed regulations on any road or highway in this state including the
National System for Interstate and Defense Highways.
Added by Laws 2011, c. 174, § 1.
§47-14-124. Commercial class A license - Hazardous material
endorsement exception.
Any person driving under a commercial class A license shall not
be required to obtain a hazardous material endorsement pursuant to
49 C.F.R. Section 383 if the person is:
1. Acting within the scope of the license holder's employment
as an employee of a custom harvester operation; and
2. Operating a service vehicle that is:
a.
transporting diesel in a quantity of three thousand
seven hundred and eight-five (3,785) liters, or one
thousand (1,000) gallons or less, and
b.
clearly marked with a "flammable" or "combustible"
placard, as appropriate.
Added by Laws 2018, c. 54, § 1, emerg. eff. April 18, 2018.
§47-14-125. Agricultural vehicles – Exempt from electronic logging
devices.
A. Agricultural motor vehicles engaged in intrastate commerce
shall be exempt from the requirement for electronic logging devices
and hours of services as mandated by Section 32301(b) of the U.S.
Commercial Motor Vehicle Safety Enhancement Act.
B. For the purposes of this section, agricultural vehicles
shall include, but are not limited to, single axel trucks with a
gooseneck or bumper pull trailer for the purpose of hauling horses
or livestock, and trailers with living quarters.
Added by Laws 2018, c. 265, § 1, eff. July 1, 2018.
NOTE: Editorially renumbered from § 14-124 of this title to avoid
duplication in numbering.
§47-14-126. High-wide corridors.
A. As used in this section:
1. "Affected area" means the entire width of the right-of-way
of the route extended to a height of twenty-three (23) feet above
the roadway;
2. "High-wide load" means a motor vehicle transporting property
on any portion of a route where the vehicle exceeds the limitations
on size imposed by Section 14-103 of Title 47 of the Oklahoma
Statutes and no portion of the motor vehicle or the transported
Oklahoma Statutes - Title 47. Motor Vehicles
property has a greater width than twenty-eight (28) feet or a
greater height than twenty-three (23) feet; and
3. "Political subdivision" means a city, village, town or
county.
B. The following routes through Oklahoma are designated as
Oklahoma high-wide corridors:
1. US-83 in Beaver County, commencing at the Texas border and
ending at the Kansas border; and
2.
a.
commencing at the intersection of US-83 and US-270 in
Beaver County, proceeding east on US-270 to SH-51 in
Dewey County,
b.
at the intersection of US-270 and SH-51, proceeding
east on SH-51 to US-77 in Logan County,
c.
at the intersection of SH-51 and US-77, proceeding
north on US-77 to US-64 in Noble County,
d.
at the intersection of US-77 and US-64, proceeding
east on US-64 to SH-108 in Payne County,
e.
at the intersection of US-64 and SH-108, proceeding
south on SH-108 to SH-51,
f.
at the intersection of SH-108 and SH-51, proceeding
east on SH-51 to SH-97 in Tulsa County, and
g.
at the intersection of SH-51 and SH-97, proceeding
north on SH-97 and ending at East 21st Street; and
3.
a.
commencing at the intersection of SH-51 and SH-99 in
Creek County, proceeding north on SH-99 to US-60 in
Osage County,
b.
at the intersection of SH-99 and US-60, proceeding
west on US-60 to SH-18, and
c.
at the intersection of US-60 and SH-18, proceeding
north on SH-18 and ending at the Kansas border; and
4.
a.
US-169, commencing at the Kansas border in Nowata
County and proceeding south on US-169 to SH-266 in
Tulsa County, and
b.
at the intersection of US-169 and SH-266, proceeding
east on SH-266 and ending at SH-66 in Rogers County;
and
5.
a.
commencing at the intersection of SH-51 and SH-351 at
the Tulsa/Wagoner County line, proceeding south and
east on SH-51 to US-69 in Wagoner County,
b.
at the intersection of SH-51 and US-69, proceeding
north on US-69 to US-60 in Craig County, and
c.
at the intersection of US-69 and US-60 in Ottawa
County (2.5 mi. NE of Afton), proceeding east on US-60
and ending at the Missouri border; and
6. US-183, commencing at the Texas border in Tillman County and
proceeding north on US-183 and ending at the intersection of SH-51
in Dewey County; and
Oklahoma Statutes - Title 47. Motor Vehicles
7.
a.
commencing at the intersection of US-183 and SH-9 in
Kiowa County, proceeding east on SH-9 to SH-146 in
Caddo County,
b.
at the intersection of SH-9 and SH-146, proceeding
north on SH-146 to SH-152,
c.
at the intersection of SH-146 and SH-152, proceeding
east on SH-152 to US-81 in Grady County,
d.
at the intersection of SH-152 and US-81, proceeding
south on US-81 to SH-37,
e.
at the intersection of US-81 and SH-37, proceeding
east on SH-37 to SH-4,
f.
at the intersection of SH-37 and SH-4, proceeding
north on SH-4 to SH-152 in Canadian County, and
g.
at the intersection of SH-152 and SH-4, proceeding
east on SH-152 and ending at MacArthur Boulevard in
Oklahoma County; and
8.
a.
commencing at the intersection of US-270 and US-412 in
Woodward County, proceeding east on US-412 to SH-132
in Garfield County,
b.
at the intersection of US-412 and SH-132, proceeding
north on SH-132 to SH-45,
c.
at the intersection of SH-132 and SH-45, proceeding
east on SH-45 to US-64,
d.
at the intersection of SH-45 and US-64, proceeding
north on US-64 to US-60 in Grant County,
e.
at the intersection of US-64 and US-60, proceeding
east on US-60 to SH-74,
f.
at the intersection of US-60 and SH-74, proceeding
south on SH-74 to SH-15 in Garfield County,
g.
at the intersection of SH-74 and SH-15, proceeding
east on SH-15 to US-77 in Noble County,
h.
at the intersection of SH-15 and US-77, proceeding
south on US-77 to SH-15,
i.
at the intersection of US-77 and SH-15, proceeding
east on SH-15 to US-177, and
j.
at the intersection of SH-15 and US-177, proceeding
south on US-177 to US-64.
C. No person shall operate a high-wide load on the route
described without a permit from the Department of Transportation.
D. Exclusive of incorporated municipal limits, no person may
install any structure within the affected area without a permit from
the Department of Transportation.
E. Upon the effective date of this section, and exclusive of
incorporated municipal limits, no person may do any of the following
within the affected area:
1. Install any permanent structure without the authorization of
the Department of Transportation; or
Oklahoma Statutes - Title 47. Motor Vehicles
2. Take any action that would make any portion of the affected
area permanently unavailable for use by a high-wide load.
F. The Department of Transportation shall create additional
design standards for improvements to the Oklahoma high-wide routes
to prevent interference from permanent structures. These standards
shall:
1. Maintain a minimum eighteen feet and zero inches (18'-0")
vertical clearance above the road surface for all future overhead
obstructions. Where bridges cross over the Oklahoma high-wide
routes, they shall be designed, where possible, to allow for highwide loads to quickly egress and ingress around the bridge utilizing
on- and off-ramps;
2. Require all future overhead signage to be of cantilever
design, where possible, to allow high-wide loads to shift lanes to
prevent interference; and
3. Require all future bridge design or construction on the
Oklahoma high-wide routes to accommodate a three hundred fifteen
thousand (315,000) pound gross vehicle weight, single-lane design
vehicle.
G. Political subdivisions in which any portion of the Oklahoma
high-wide route is located shall attempt to reach agreements among
the affected parties and with persons using the high-wide route for
high-wide loads regarding the allocation of costs and provision of
services related to removing permanent structures that interfere
with the use of any portion of the affected area by high-wide loads.
H. Political subdivisions in which any portion of the Oklahoma
high-wide route is located shall attempt to reach agreements among
the affected parties and with persons using the high-wide route for
high-wide loads to provide timely vehicle escorts for persons using
the high-wide route for high-wide loads.
Added by Laws 2018, c. 53, § 1, eff. Nov. 1, 2018. Amended by Laws
2021, c. 260, § 1, eff. Nov. 1, 2021; Laws 2022, c. 116, § 17, eff.
July 1, 2022.
NOTE: Editorially renumbered from § 14-124 of this title to avoid
duplication in numbering.
§47-15-101. Provisions uniform throughout state.
The provisions of Chapters 10, 11, 12, 13 and 14 of this act
shall be applicable and uniform throughout this state and in all
political subdivisions and municipalities therein and no local
authority shall enact or enforce any ordinance, rule or regulation
in conflict with the provisions of such chapters unless expressly
authorized herein. Local authorities may, however, adopt additional
traffic regulations which are not in conflict with the provisions of
such chapters.
Laws 1961, p. 418, § 15-101.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-15-101.1. Jurisdiction of cities and towns to regulate traffic
on boundary lines.
Any city or town may promulgate, adopt and enforce ordinances
governing and regulating the operation of motor vehicles and other
traffic upon roads, streets and highways that form the boundary line
of such city or town, subject to the provisions of Section 15-101 et
seq. of this title.
Added by Laws 1988, c. 124, § 2, emerg. eff. April 8, 1988. Amended
by Laws 1996, c. 142, § 1, eff. Nov. 1, 1996; Laws 1997, c. 346, §
1, eff. Nov. 1, 1997. Renumbered from § 108.1 of this title by Laws
2002, c. 397, § 35, eff. Nov. 1, 2002.
§47-15-102. Powers of local authorities.
A. The provisions of this title shall not be deemed to prevent
local authorities with respect to streets and highways under their
jurisdiction and within the reasonable exercise of the police power
from:
1. Regulating the standing or parking of vehicles;
2. Regulating traffic by means of police officers or trafficcontrol signals;
3. Regulating or prohibiting processions or assemblages on the
highways;
4. Designating particular highways as one-way highways and
requiring that all vehicles thereon be moved in one specific
direction;
5. Regulating the speed of vehicles in public parks;
6. Designating any highway as a through highway and requiring
that all vehicles stop before entering or crossing the same or
designating any intersection as a stop intersection or a yield
intersection and requiring all vehicles to stop or yield at one or
more entrances to such intersection;
7. Restricting the use of highways as authorized in Section 14113 of this title;
8. Regulating the operating of bicycles and requiring the
registration and licensing of same, including the requirement of a
registration fee;
9. Regulating or prohibiting the turning of vehicles or
specified types of vehicles at intersections;
10. Altering the speed limits as authorized herein; and
11. Adopting such other traffic regulations as are specifically
authorized by this title.
B. No local authority shall erect or maintain any stop sign or
traffic-control signal at any location so as to require the traffic
on any state or federal highway to stop before entering or crossing
any intersecting highway unless approval in writing has first been
obtained from the Department of Highways.
Oklahoma Statutes - Title 47. Motor Vehicles
C. No ordinance or regulation enacted under paragraph 4, 5, 6,
7 or 10 of subsection A of this section shall be effective until
signs giving notice of such local traffic regulations are posted
upon or at the entrances to the highway or part thereof affected as
may be most appropriate.
Added by Laws 1961, p. 419, § 15-102, eff. Sept. 1, 1961. Amended
by Laws 2007, c. 62, § 16, emerg. eff. April 30, 2007.
§47-15-102.1. Cellular phone usage – State preemption of orders,
ordinances or regulations.
A. The State Legislature hereby occupies and preempts the
entire field of legislation in this state touching in any way
inattentive driving and cellular phone usage in automobiles to the
complete exclusion of any order, ordinance or regulation by any
municipality or other political subdivision of this state. Any
existing or future orders, ordinances, or regulations in this field,
except as provided for in subsection B of this section, are null and
void.
B. Nothing contained in this section shall prohibit any order,
ordinance or regulation of any municipality from enacting and
enforcing laws prohibiting and penalizing conduct prohibited under
provisions of this act, but the provisions of such order, ordinance
or regulation by a municipality shall not be more stringent than
those of this act.
Added by Laws 2001, c. 153, § 1. Renumbered from § 11-901a of this
title by Laws 2002, c. 397, § 35, eff. Nov. 1, 2002.
§47-15-103. Rights of owners of real property.
Nothing in this act shall be construed to prevent the owner of
real property used by the public for purposes of vehicular travel by
permission of the owner, and not as a matter of right, from
prohibiting such use, or from requiring other or different or
additional conditions than those specified in this act, or otherwise
regulating such use as may seem best to such owner.
Laws 1961, p. 419, § 15-103.
§47-15-104. State highway commission to adopt sign manual.
The State Highway Commission shall adopt a manual and
specifications for a uniform system of traffic-control devices for
use upon streets and highways within this state. Such uniform
system shall correlate with and, so far as possible, conform to the
system then current as approved by the American Association of State
Highway Officials, and the manual so adopted may be amended or
revised from time to time as the Commission may deem necessary. The
manual so adopted and any amendments or revisions thereof shall be
published by the State Highway Commission and one copy thereof shall
Oklahoma Statutes - Title 47. Motor Vehicles
be distributed free of charge to the local governing bodies of
counties and incorporated cities and towns.
Laws 1961, p. 419, § 15-104.
§47-15-105. Department of highways to sign all state and federal
highways.
(a) The Department of Highways shall place and maintain such
traffic-control devices, conforming to its manual and
specifications, upon all state and federal highways as it shall deem
necessary to indicate and to carry out the provisions of this act or
to regulate, warn or guide traffic.
(b) No local authority shall place or maintain any trafficcontrol device upon any highway under the jurisdiction of the
Department of Highways except by the latter's permission.
Laws 1961 P. 419, Sec. 15-105.
§47-15-106. Local traffic-control devices.
(a) Local authorities in their respective jurisdictions shall
place and maintain such traffic-control devices upon highways under
their jurisdiction as they may deem necessary to indicate and to
carry out the provisions of this act or local traffic ordinances or
to regulate, warn or guide traffic. All such traffic-control
devices hereafter erected shall conform to the state manual and
specifications.
(b) Local authorities in exercising those functions referred to
in the preceding paragraph with regard to streets and highways which
are a continuation of state or federal numbered highways shall be
subject to the direction and control of the State Highway
Commission.
Laws 1961, p. 420, § 15-106.
§47-15-107. Authority to require pedestrian obedience to trafficcontrol signs.
Local authorities are hereby empowered by ordinance to require
that pedestrians shall strictly comply with the directions of any
official traffic-control signal and may by ordinance prohibit
pedestrians from crossing any roadway in a business district or any
designated highways except in a crosswalk.
Laws 1961, p. 420, § 15-107.
§47-15-108. Authority to designate through highways and "stop" and
"yield" intersections.
The Department of Highways with reference to state and federal
highways and local authorities with reference to other highways
under their jurisdiction may designate through highways and erect
stop or yield signs at specified entrances thereto, or may designate
any intersection as a stop intersection or as a yield intersection
Oklahoma Statutes - Title 47. Motor Vehicles
and erect stop signs or yield signs at one or more entrances to such
intersection.
Laws 1961, p. 420, § 15-108.
§47-15-109. Regulations relative to school buses.
A. The State Board of Education in accordance with the Federal
Motor Vehicle Safety Standards, 49 C.F.R., Part 571, shall adopt and
enforce regulations not inconsistent with this act to govern the
design and operation of all school buses used for the transportation
of school children when owned and operated by any school district or
privately owned and operated under contract with any school district
in this state, and such regulations shall by reference be made a
part of any such contract with a school district. Every school
district, its officers and employees, and every person employed
under contract by a school district shall be subject to said
regulations.
B. Any officer or employee of any school district who violates
any of said regulations or fails to include obligation to comply
with said regulations in any contract executed by him on behalf of a
school district shall be guilty of misconduct and subject to removal
from office or employment. Any person operating a school bus under
contract with a school district who fails to comply with any of said
regulations shall be guilty of a breach of contract and such
contract shall be canceled after notice and hearing by the
responsible officers of such school district.
Added by Laws 1961, p. 420, § 15-109, eff. Sept. 1, 1961. Amended
by Laws 2002, c. 397, § 27, eff. Nov. 1, 2002.
§47-15-110. Model Traffic Ordinance - Authorization to adopt.
Insofar as it is consistent with state law, all cities and towns
may adopt and maintain the "Model Traffic Ordinance" of the National
Committee on Uniform Traffic Laws and Ordinances.
Laws 1967, c. 120, § 1, emerg. eff. April 25, 1967.
§47-15-111. Special parking privileges for physically disabled
persons.
A. Municipalities and political subdivisions of the state with
authority to regulate the standing or parking of vehicles shall
extend special parking privileges to a physically disabled person
who displays on a motor vehicle operated by or under the direction
and for the use of the physically disabled person:
1. A placard indicating physical disability, issued pursuant to
the provisions of Section 15-112 of this title;
2. A physically disabled license plate, issued pursuant to the
provisions of Section 1135.1 of this title;
Oklahoma Statutes - Title 47. Motor Vehicles
3. A disabled veterans license plate with the international
accessibility symbol, issued pursuant to the provisions of Section
1135.2 of this title;
4. A disability sticker issued by the Department of Veterans
Affairs and federal military bases; or
5. A physically disabled placard or license plate issued by
another state.
B. No such special parking privilege, however, shall excuse the
violation of any state statute, nor shall any such privilege be
applicable where the standing or parking would create a dangerous
situation or impede the normal flow of traffic.
C. Municipalities and political subdivisions of the state with
authority to regulate the standing or parking of vehicles shall
follow the current version of the Americans with Disabilities Act
Accessibility Guidelines (ADAAG) when designing or redesigning
disabled parking spaces.
Added by Laws 1971, c. 220, § 1. Amended by Laws 1995, c. 133, § 2,
emerg. eff. April 27, 1995; Laws 1996, c. 129, § 1, eff. Nov. 1,
1996; Laws 1999, c. 276, § 2, eff. Nov. 1, 1999; Laws 2004, c. 178,
§ 1, eff. Nov. 1, 2004; Laws 2007, c. 62, § 17, emerg. eff. April
30, 2007; Laws 2010, c. 302, § 1, emerg. eff. June 5, 2010.
§47-15-112. Physical disability temporary placard - Definitions.
A. As used in this section:
1. "Physician" means any person holding a valid license to
practice medicine and surgery, osteopathic medicine, chiropractic,
podiatric medicine, or optometry, pursuant to the state licensing
provisions of Title 59 of the Oklahoma Statutes;
2. "Physician assistant" means any person holding a valid
license as a physician assistant, pursuant to the state licensing
provisions of the Physician Assistant Act;
3. "Advanced registered nurse practitioner" means any person
who holds a current license as a registered nurse and a current
certificate of recognition for practice as an Advanced Registered
Nurse Practitioner as set forth in the Oklahoma Nursing Practice Act
pursuant to the state licensing provisions contained in paragraph 5
of Section 567.3a of Title 59 of the Oklahoma Statutes; and
4. "Physical disability" means an illness, disease, injury or
condition by reason of which a person:
a.
cannot walk two hundred (200) feet without stopping to
rest,
b.
cannot walk without the use of or assistance from a
brace, cane, crutch, another person, prosthetic
device, wheelchair or other assistance device,
c.
is restricted to such an extent that the person's
forced (respiratory) expiratory volume for one (1)
second, when measured by spirometry, is less than one
Oklahoma Statutes - Title 47. Motor Vehicles
(1) liter, or the arterial oxygen tension is less than
sixty (60) mm/hg on room air at rest,
d.
must use portable oxygen,
e.
has functional limitations which are classified in
severity as Class III or Class IV according to
standards set by the American Heart Association,
f.
is severely limited in the person's ability to walk
due to an arthritic, neurological or orthopedic
condition, or from complications due to pregnancy,
g.
is certified legally blind, or is missing one or more
limbs.
B. Service Oklahoma shall issue a detachable placard indicating
physical disability to any person who submits an application on a
form furnished by Service Oklahoma and certified by a physician,
physician assistant, or advanced registered nurse practitioner
attesting that the applicant has a physical disability. The
attestation of the physician, physician assistant, or advanced
registered nurse practitioner shall denote "temporary" as the type
of placard requested and shall indicate an expiration date which the
physician, physician assistant, or advanced registered nurse
practitioner estimates to be the date of termination of such
physical disability; however, if the physician, physician assistant,
or advanced registered nurse practitioner certifies that the
physical disability is permanent, the physician, physician
assistant, or advanced registered nurse practitioner shall denote
"five-year" as the type of placard requested.
C. Any placard issued by Service Oklahoma shall remain valid
until:
1. The placard expires;
2. The person to whom the placard was issued requests a
replacement placard; or
3. The placard is no longer needed by the person to whom the
placard was issued for the disability for which the placard was
originally issued, whereupon such placard shall be returned to
Service Oklahoma.
D. 1. A five-year placard shall expire five (5) years from the
last day of the month in which the placard was issued. Upon the
expiration of a five-year placard, the person to whom such placard
was issued may obtain a subsequent placard by reapplying to Service
Oklahoma, in the same manner as provided in subsection B of this
section.
2. A temporary placard shall indicate the expiration date which
the physician, physician assistant, or advanced registered nurse
practitioner certifying the physical disability estimates to be the
date of termination of such physical disability, which shall not be
later than six (6) months from the date of issuance and upon which
date such placard shall expire and shall be returned to Service
Oklahoma Statutes - Title 47. Motor Vehicles
Oklahoma; provided, however, nothing in this paragraph shall be
construed to prevent the holder from applying for another placard,
as provided for in this section.
3. In the event that a placard is lost or destroyed, the person
to whom such placard was issued may apply in writing to Service
Oklahoma for a replacement placard, which Service Oklahoma shall
issue with the same expiration date as the original placard.
4. On and after January 1, 1998, all placards issued prior to
October 31, 1990, shall expire on the last day of the month in which
the placard was issued, and the person to whom such placard was
issued may follow the procedure provided for in subsection B of this
section to obtain a second or subsequent placard.
5. On and after January 1, 2000, all placards issued between
November 1, 1990, and June 30, 1995, shall expire on the last day of
the birth month of the person to whom the placard was issued, and
the person to whom such placard was issued may follow the procedure
provided for in subsection B of this section to obtain a second or
subsequent placard.
E. A physician, physician assistant, or advanced registered
nurse practitioner may sign an application certifying that a person
has a physical disability, as provided in subsection B of this
section, only if care and treatment of the illness, disease, injury
or condition causing the physical disability of such person falls
within the authorized scope of practice of the physician or
physician assistant, or advanced registered nurse practitioner.
F. Service Oklahoma shall have the power to formulate, adopt
and promulgate rules as may be necessary to implement and administer
the provisions of this section, including, but not limited to,
prescribing the manner in which the placard is to be displayed on a
motor vehicle.
G. All applications and information submitted in conjunction
with an application for a placard are confidential and Service
Oklahoma shall not be required to release to any person,
applications, or placard information, in whole or in part and in any
format, except as otherwise provided for in this subsection.
Information contained on the application, including personally
identifiable information, shall only be released for the following
purposes:
1. For use by a law enforcement agency in carrying out its
functions, specifically including parking enforcement; and
2. For use in connection with any civil, criminal, or
administrative proceeding in any federal, state, or local court or
agency.
H. Nothing in this section shall prohibit the issuance of a
temporary placard to a pregnant woman whose condition, as determined
by a physician, physician assistant, or advanced registered nurse
Oklahoma Statutes - Title 47. Motor Vehicles
practitioner, meets one or more of the categories described in
paragraph 4 of subsection A of this section.
Added by Laws 1971, c. 220, § 2. Amended by Laws 1981, c. 264, §
16, emerg. eff. June 25, 1981; Laws 1982, c. 179, § 1, emerg. eff.
April 16, 1982; Laws 1987, c. 11, § 1, emerg. eff. April 1, 1987;
Laws 1987, c. 91, § 2, emerg. eff. May 15, 1987; Laws 1990, c. 287,
§ 1, eff. Sept. 1, 1990; Laws 1992, c. 103, § 1, eff. Sept. 1, 1992;
Laws 1993, c. 123, § 1, eff. Sept. 1, 1993; Laws 1995, c. 133, § 3,
emerg. eff. April 27, 1995; Laws 1995, c. 358, § 3, eff. July 1,
1995; Laws 1996, c. 129, § 2, eff. Nov. 1, 1996; Laws 1997, c. 94, §
1, eff. Nov. 1, 1997; Laws 1999, c. 276, § 3, eff. Nov. 1, 1999;
Laws 2000, c. 189, § 7, eff. July 1, 2000; Laws 2001, c. 385, § 1,
eff. Nov. 1, 2001; Laws 2002, c. 397, § 28, eff. Nov. 1, 2002; Laws
2004, c. 121, § 1, eff. July 1, 2004; Laws 2007, c. 326, § 17, eff.
Nov. 1, 2007; Laws 2008, c. 302, § 3, emerg. eff. June 2, 2008; Laws
2010, c. 63, § 1, emerg. eff. April 9, 2010; Laws 2010, c. 302, § 2,
emerg. eff. June 5, 2010; Laws 2022, c. 282, § 98, emerg. eff. May
19, 2022; Laws 2025, c. 330, § 11, eff. July 1, 2025.
NOTE: Laws 1995, c. 15, § 1 repealed by Laws 1995, c. 358, § 12,
emerg. eff. June 9, 1995.
§47-15-112.1. Repealed by Laws 1995, c. 133, § 4, emerg. eff. April
27, 1995. (Prior to repeal by Laws 1995, c. 133, this section had
been amended in c. 15, Laws 1995.)
§47-15-113. Penalties.
A. Any person who knowingly makes or procures the making of a
false statement in an application submitted pursuant to Sections 15111 through 15-113 of this title is guilty of a misdemeanor and upon
conviction shall be punished by a fine of Five Hundred Dollars
($500.00) for each falsified statement. This penalty shall be
stated on all applications.
B. 1. Any person who has not been issued a physically disabled
parking placard pursuant to the provisions of Section 15-112 of this
title, a physically disabled license plate issued pursuant to the
provisions of Section 1135.1 of this title, a disabled veterans
license plate pursuant to the provisions of Section 1135.2 of this
title, a Purple Heart recipient license plate issued pursuant to the
provisions of Section 1135.2 of this title, a disability sticker
issued by the Department of Veterans Affairs and federal military
bases, or a physically disabled placard or license plate issued by
another state, and uses a placard, sticker, or license plate to park
in a disabled parking place is guilty of a misdemeanor and upon
conviction shall be punished by a fine of Five Hundred Dollars
($500.00). A person transporting a physically disabled person with
an authorized placard, sticker or license plate, as provided in
Oklahoma Statutes - Title 47. Motor Vehicles
subsection A of Section 11-1007 of this title, shall be excluded
from the provisions of this section.
2. Any person who has been issued a physically disabled parking
placard pursuant to the provisions of Section 15-112 of this title,
a physically disabled license plate issued pursuant to the
provisions of Section 1135.1 of this title, a disabled veterans
license plate pursuant to the provisions of Section 1135.2 of this
title or a Purple Heart recipient license plate issued pursuant to
the provisions of Section 1135.2 of this title, and knowingly allows
the placard or license plate to be used by a person not issued the
placard or license plate as described in paragraph 1 of this
subsection, is guilty of a misdemeanor and upon conviction shall be
punished by a fine of Five Hundred Dollars ($500.00).
C. A person who knowingly makes a counterfeit physically
disabled parking placard or physically disabled license plate is
guilty of a misdemeanor and upon conviction shall be punished by a
fine of Five Hundred Dollars ($500.00) for each counterfeit placard
or license plate made by such person.
Added by Laws 1971, c. 220, § 3. Amended by Laws 1999, c. 276, § 4,
eff. Nov. 1, 1999; Laws 2010, c. 302, § 3, emerg. eff. June 5, 2010;
Laws 2021, c. 213, § 1, eff. Nov. 1, 2021.
§47-15-114. Operation of motorized scooters – Ordinances or
regulations.
Any municipal governing body or board of county commissioners
may enact ordinances or regulations governing the operation of
motorized scooters upon the roads, streets, alleys, bridges,
sidewalks, or other places within its respective jurisdiction in the
manner provided by and not inconsistent with, state law.
Added by Laws 2004, c. 521, § 19, eff. Nov. 1, 2004.
§47-15-115. Civilian volunteer disabled parking violation units.
A. A city, town or municipality may, by adoption of a local law
or ordinance, establish a civilian volunteer disabled parking
violation unit to assist in the enforcement of disabled parking laws
or ordinances. Persons appointed to such units shall be volunteers,
shall serve without compensation, and shall be authorized to provide
evidence of violations of disabled parking laws or ordinances to the
appropriate law enforcement authority. Such evidence may include
photographing a violation, provided that such photograph is taken in
compliance with the requirements of this section. The civilian
volunteer disabled parking violation unit shall have the authority
to report violations of disabled parking ordinances or rules on both
public and private property where the public is invited as provided
for in Section 15-116 of this title.
B. A local law or ordinance enacted in accordance with the
provisions of this section shall:
Oklahoma Statutes - Title 47. Motor Vehicles
1. Establish a training program of no less than two (2) hours
in length and require each volunteer to participate in and complete
such training program;
2. Provide for the assignment of an identification number to
each volunteer, and provide official identification and equipment to
assist volunteer personnel in the conduct of their duties;
3. Establish uniform procedures for volunteers to follow in
determining whether a violation has occurred;
4. Establish procedures for the uniform reporting of
violations, which shall include the identification number of the
volunteer making the report;
5. If such local law or ordinance provides for the taking of
photographs of violations:
a.
grant only the local law enforcement agency the
authority to process or to contract for the processing
of all film or digital files submitted by volunteers,
b.
require any photographs evidencing a violation to be
available for inspection in any proceeding to
adjudicate the liability for such violation,
c.
provide that a certificate, sworn to or affirmed by a
technician employed by the municipality in which the
charged violation occurred, or a facsimile thereof,
based upon inspection of photographs produced from
film or digital files submitted by volunteers, shall
be prima facie evidence of the facts contained
therein, and
d.
prohibit the use of such a photograph for any purpose
other than as evidence of a disabled parking
violation; and
6. Provide the following with respect to notices of violation:
a.
a notice of violation shall be sent by first class
mail to each person alleged to be liable as an owner
for a violation of a disabled parking law or
ordinance. A manual or automatic record of mailing
prepared in the ordinary course of business shall be
prima facie evidence of the facts contained therein,
b.
a notice of violation shall reference the law which
was allegedly violated, and shall contain the name and
address of the person alleged to be liable as an owner
for a violation of a disabled parking law or
ordinance, the license tag number of the vehicle
involved in such violation, the location where such
violation took place, the date and time of such
violation, and the identification number of the
volunteer who recorded the violation,
c.
a notice of violation shall contain information
advising the person charged of the manner and the time
Oklahoma Statutes - Title 47. Motor Vehicles
in which he or she may contest the violation alleged
in the notice, and shall also contain a warning to
advise the persons charged that failure to contest in
the manner and time provided shall be deemed an
admission of liability and that a default judgment may
be entered thereon.
C. Upon a conviction of a local law or ordinance which complies
with the provisions of subsection B of this section, notwithstanding
any other law, the local law enforcement entity shall have the
authority to dedicate not less than twelve and one-half percent (12
1/2%) of any fine that resulted from citations or for violations of
the disabled parking regulations in accordance with subsection B of
Section 15-113 and subsection B of Section 11-1007 of this title, to
be deposited in a special dedicated fund to be used by the local
municipality for the sole purpose of establishing, maintaining and
perpetuating a citizen volunteer disabled parking violation unit.
Added by Laws 1999, c. 276, § 5, eff. Nov. 1, 1999. Renumbered from
§ 11-1007.1 of this title by Laws 2008, c. 302, § 14, emerg. eff.
June 2, 2008. Amended by Laws 2010, c. 302, § 4, emerg. eff. June
5, 2010.
§47-15-116. Power of municipality or political subdivision to
enforce act.
Upon the enactment of any ordinance, rule or regulation adopted
in conformity with this act, the municipality or political
subdivision is authorized to investigate and enforce the ordinance,
rule, or regulation on public property, or private property where
the public is invited such as, but not limited to, the following:
1. Places of lodging including, but not limited to, inns,
hotels, and motels;
2. Establishments serving food or drink including, but not
limited to, restaurants and bars;
3. Places of exhibition or entertainment including, but not
limited to, motion picture houses, theaters, concert halls, and
stadiums;
4. Places of public gathering including, but not limited to,
auditoriums, convention centers, and lecture halls;
5. Sales or rental establishments including, but not limited
to, bakeries, grocery stores, hardware stores, and shopping centers;
6. Service establishments including, but not limited to,
laundromats, dry cleaners, banks, barber shops, beauty shops, travel
services, shoe repair services, funeral parlors, gas stations,
offices of accountants or lawyers, pharmacies, insurance offices,
professional offices of health care providers, and hospitals;
7. Public transportation terminals, depots, or stations, not
including facilities relating to air transportation;
Oklahoma Statutes - Title 47. Motor Vehicles
8. Places of public display or collection including, but not
limited to, museums, libraries, and galleries;
9. Places of recreation including, but not limited to, parks,
zoos, and amusement parks;
10. Places of education including, but not limited to, nursery
schools, elementary, secondary, undergraduate, or postgraduate
private schools;
11. Social service center establishments including, but not
limited to, day care centers, senior citizen centers, homeless
shelters, food banks, and adoption agencies; or
12. Places of exercise or recreation including, but not limited
to, gymnasiums, health spas, bowling alleys, and golf courses.
Added by Laws 1980, c. 146, § 2, eff. Oct. 1, 1980. Renumbered from
§ 11-1008 of this title by Laws 2008, c. 302, § 14, emerg. eff. June
2, 2008. Amended by Laws 2010, c. 302, § 5, emerg. eff. June 5,
2010.
§47-15-131. Speed limits - Traffic control regulations Violations.
Upon application by the governing board of a public trust, as
defined in Sections 164 and 176 of Title 60 of the Oklahoma
Statutes, the Transportation Commission may set speed limits and
promulgate regulations governing uniform traffic control to comply
with the provisions of Title 47 of the Oklahoma Statutes for the
reasonable and safe operation of motor vehicles on property situated
within the state and owned by or under the control of the public
trust.
Speed limits and regulations so established shall be enforceable
when appropriate signs giving notice thereof are erected. The cost
of such signs shall be borne by the public trust. Any person
driving on such property in violation of the speed limit or
regulation so established shall, upon conviction, be punished in the
same manner as provided for persons convicted of violating other
provisions of Sections 11-101 et seq. of Title 47 of the Oklahoma
Statutes.
Added by Laws 1977, c. 100, § 1, eff. Oct. 1, 1977. Renumbered from
§ 11-308a of this title by Laws 2007, c. 62, § 24, emerg. eff. April
30, 2007.
§47-15-132. Public trusts - Contracts and agreements - Enforcement
of speed limits and regulations.
A public trust authorized to make application under this section
may enter into contracts and agreements with local authorities for
the enforcement of speed limits and regulations governing uniform
traffic control on property owned or controlled by the public trust.
Oklahoma Statutes - Title 47. Motor Vehicles
Added by Laws 1977, c. 100, § 2, eff. Oct. 1, 1977. Renumbered from
§ 11-308b of this title by Laws 2007, c. 62, § 25, emerg. eff. April
30, 2007.
§47-16-101. Parties to a crime.
(a) Classification of parties. The parties to crimes are
classified as: 1. Principals, and 2. Accessories. (b) Principals
defined. All persons concerned in the commission of crime, whether
it be felony or misdemeanor, and whether they directly commit the
act constituting the offense or aid and abet in its commission,
though not present, are principals. (c) Accessories defined. All
persons who, after the commission of any felony, conceal or aid the
offender, with the knowledge that he has committed a felony, and
with intent that he may avoid or escape from arrest, trial,
conviction, or punishment, are accessories. (d) No accessories to
misdemeanor. There are no accessories. (e) Punishment of
accessories. Except in cases where a different punishment is
prescribed by law, an accessory to a felony is punishable by
imprisonment in the State Penitentiary not exceeding five (5) years,
or in a county jail not exceeding one (1) year, or by fine not
exceeding Five Hundred Dollars ($500.00), or by both such fine and
imprisonment.
Laws 1961, p. 420, § 16-101.
§47-16-102. Offenses by persons owning or controlling vehicles.
It is unlawful for the owner, or any other person, employing or
otherwise directing the driver of any vehicle to require or
knowingly to permit the operation of such vehicle upon a highway in
any manner contrary to law.
Laws 1961, p. 420, § 16-102.
§47-16-103. Public officers and employees - Exceptions.
The provisions of Chapters 10, 11, 12, 13 and 14, applicable to
drivers of vehicles upon the highways, shall apply to the drivers of
all vehicles owned or operated by the United States, this state or
any county, city, town, district or any other political subdivision
of the state, subject to such specific exceptions as are set forth
in this act.
Laws 1961, p. 421, § 16-103.
§47-16-104. Procedure upon arrest for felony.
Whenever a person is arrested for any violation of this act
declared herein to be a felony, he shall be dealt with in like
manner as upon arrest for the commission of any other felony. For
the purposes of this section any offense which may be punishable by
imprisonment in a state penitentiary is a felony.
Laws 1961, p. 421, § 16-104.
Oklahoma Statutes - Title 47. Motor Vehicles
§47-16-105.
1987.
Repealed by Laws 1987, c. 226, § 11, operative July 1,
§47-16-106.
1987.
Repealed by Laws 1987, c. 226, § 11, operative July 1,
§47-16-107.
1987.
Repealed by Laws 1987, c. 226, § 11, operative July 1,
§47-16-108. Misdemeanor violations - Procedure.
(a) Whenever a person is halted by a peace officer or highway
patrolman for any violation of this title punishable as a
misdemeanor, the officer shall proceed in accordance with the State
and Municipal Traffic Bail Bond Procedure Act, Section 1115 et seq.
of Title 22 of the Oklahoma Statutes.
(b) If the person charged with the violation is a minor, then
the citing police officer shall ascertain from the minor the name
and address of his parents or legal guardian, and said officer shall
cause a copy of the "violation" to be mailed to the address of the
parents or legal guardian, within three (3) days after the date of
violation.
Amended by Laws 1987, c. 226, § 6, operative July 1, 1987.
§47-16-109.
1987.
Repealed by Laws 1987, c. 226, § 11, operative July 1,
§47-16-109.1. Authority of officer at scene of accident.
Except for felonies, a police officer at the scene of a traffic
accident may issue a written notice to appear to any driver of a
vehicle involved in the accident when, based upon personal
investigation, the officer has reasonable and probable grounds to
believe that the person has committed any offense under the
provisions of this title in connection with the accident.
In such cases the officer shall be endorsed as a witness and
shall appear if said case is tried.
Added by Laws 1988, c. 124, § 1, emerg. eff. April 8, 1988.
§47-16-110.
1987.
Repealed by Laws 1987, c. 226, § 11, operative July 1,
§47-16-111.
1987.
Repealed by Laws 1987, c. 226, § 11, operative July 1,
§47-16-112. Failure to obey notice to appear.
(a) It shall be unlawful for any person to violate his written
promise to appear given to an officer upon the issuance of a notice
Oklahoma Statutes - Title 47. Motor Vehicles
to appear regardless of the disposition of the charge for which such
notice to appear was originally issued.
(b) A written promise to appear in court may be complied with by
an appearance by counsel.
Laws 1961, p. 422, § 16-112.
§47-16-113. Procedure prescribed herein not exclusive.
The foregoing provisions of this chapter shall govern all police
officers in making arrests without a warrant for violations of any
provisions of Chapters 10, 11, 12, 13 or 14, but the procedure
prescribed herein shall not otherwise be exclusive of any other
method prescribed by law for the arrest and prosecution of a person
for an offense of like grade.
Laws 1961, p. 422, § 16-113.
§47-16-114. Arrest of traffic violators without warrant.
A police officer may, without a warrant, arrest a person for any
moving traffic violation of which the arresting officer or another
police officer in communication with the arresting officer has
sensory or electronic perception including perception by radio,
radar and reliable speed-measuring devices.
Laws 1972, c. 92, § 1.
§47-17-101. Misdemeanor violations - Penalties.
A. It is a misdemeanor for any person to violate any of the
provisions of this title unless such violation is by this title or
other law of this state declared to be a felony.
B. 1. Every person convicted of a misdemeanor for a violation
of any of the provisions of Sections 10-101 through 14-121 or
Sections 16-101 through 16-114 of this title for which another
penalty is not provided shall upon conviction thereof be punished by
a fine of not less than Five Dollars ($5.00) nor more than Five
Hundred Dollars ($500.00) or by imprisonment for not more than ten
(10) days; for a second such conviction within one (1) year after
the first conviction by imprisonment for not more than twenty (20)
days; upon a third or subsequent conviction within one (1) year
after the first conviction by imprisonment for not more than six (6)
months, or by both such fine and imprisonment.
2. Any person violating the provisions of Sections 10-101
through 14-121 or Sections 16-101 through 16-114 of this title,
where a jail sentence is not mandatory may, in the discretion of the
district attorney wherein the offense occurred, be permitted to
enter a plea of guilty by written statement by the person charged to
be presented to the court wherein the case is filed. A remittance
covering the fine and costs may be considered and received with the
same force and effect as a written plea of guilty.
Oklahoma Statutes - Title 47. Motor Vehicles
C. Unless another penalty is in this title or by the laws of
this state provided, every person convicted of a misdemeanor for the
violation of any other provision of this title shall be punished by
a fine of not less than Five Dollars ($5.00) nor more than Five
Hundred Dollars ($500.00), or by imprisonment for not more than six
(6) months, or by both such fine and imprisonment.
D. Provided, however, notwithstanding any provision of law to
the contrary, any offense, including traffic offenses, in violation
of any of the provisions of this title which is not otherwise
punishable by a term of imprisonment or confinement shall be
punishable by a term of imprisonment not to exceed one day in the
discretion of the court, in addition to any fine prescribed by law.
E. The conviction of any person, as prescribed in this section,
when the offense occurred during a period when the driving
privileges of the person were under suspension, revocation,
cancellation, denial, or disqualification or the person had not been
granted driving privileges by Oklahoma or any other state, shall
result in the doubling of the appropriate fine, as provided for in
subsections B and C of this section, and the doubling of all court
costs and all fees collected by the court on behalf of any other
entity, unless waived by the court.
F. One-half (1/2) of any fine collected pursuant to the
provisions of subsection E of this section, shall be deposited to
the Trauma Care Assistance Revolving Fund created in Section 1-2522
of Title 63 of the Oklahoma Statutes.
Added by Laws 1961, p. 422, § 17-101, eff. Sept. 1, 1961. Amended
by Laws 1963, c. 312, § 1, emerg. eff. June 19, 1963; Laws 1987, c.
226, § 7, operative July 1, 1987; Laws 2000, c. 285, § 4, eff. July
1, 2000; Laws 2001, c. 133, § 5, emerg. eff. April 24, 2001; Laws
2001, c. 435, § 11, eff. July 1, 2001; Laws 2004, c. 387, § 2, eff.
Nov. 1, 2004; Laws 2007, c. 120, § 3, eff. Nov. 1, 2007.
§47-17-102. Felony violations – Penalties.
A. 1. Any person who is convicted of a violation of any of the
provisions of the Uniform Vehicle Code declared by the Code or by
other laws of this state to constitute a felony except those
offenses specified in subsection A of Section 4-102 of this title
relating to unauthorized use of a vehicle and subsection A of
Section 4-103 of this title, relating to receiving or disposing of a
vehicle, shall be guilty of a Class D1 felony offense and shall be
punished as provided for in subsections B through F of Section 20N
of Title 21 of the Oklahoma Statutes, or by a fine of not less than
Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars
($5,000.00), or by both such fine and imprisonment.
2. Any person who is convicted of a violation of any of the
provisions of the Uniform Vehicle Code declared by the Code or by
other laws of this state to constitute a Class D1 felony offense
Oklahoma Statutes - Title 47. Motor Vehicles
shall, upon conviction, be guilty of a Class D1 felony offense and
shall be punished as provided for in subsections B through F of
Section 20N of Title 21 of the Oklahoma Statutes.
B. The conviction of any person, as prescribed in this section,
when the offense occurred during a period when the driving
privileges of the person were under suspension, revocation,
cancellation, denial, or disqualification or the person had not been
granted driving privileges by Oklahoma or any other state, shall
result in the doubling of the appropriate fine, as provided for in
subsection A of this section, and the doubling of all court costs
and all fees collected by the court on behalf of any other entity,
unless waived by the court.
C. One-half (1/2) of any fine collected pursuant to the
provisions of subsection B of this section, shall be deposited to
the Trauma Care Assistance Revolving Fund created in Section 1-2522
of Title 63 of the Oklahoma Statutes.
Added by Laws 1961, p. 423, § 17-102, eff. Sept. 1, 1961. Amended
by Laws 1997, c. 133, § 484, eff. July 1, 1999; Laws 1999, 1st Ex.
Sess., c. 5, § 350, eff. July 1, 1999; Laws 2004, c. 387, § 3, eff.
Nov. 1, 2004; Laws 2007, c. 120, § 4, eff. Nov. 1, 2007; Laws 2018,
c. 116, § 18, eff. Nov. 1, 2018; Laws 2025, c. 486, § 518, eff. Jan.
1, 2026.
NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective
date of Laws 1997, c. 133, § 484 from July 1, 1998, to July 1, 1999.
§47-18-101. Record of traffic cases - Report of convictions to
department.
A. Every magistrate or judge of a court shall keep or cause to
be kept a record of every traffic complaint, traffic citation, or
other legal form of traffic charge deposited with or presented to
the court or its traffic-violations bureau, and shall keep a record
of every official action by the court or its traffic-violations
bureau, including, but not limited to, a record of every conviction,
forfeiture of bail, judgment of acquittal, and the amount of fine or
forfeiture resulting from every traffic complaint, citation or other
legal form of traffic charge deposited with or presented to the
court or traffic-violations bureau.
B. Within five (5) days after:
1. The conviction of any person holding a Class D driver
license; or
2. The conviction, as defined in subsection A of Section 6205.2 of this title, of any person holding a Class A, B or C driver
license; or
3. The forfeiture of bail of a person;
upon a charge of violating any law regulating the operation of
vehicles on highways every magistrate of the court or clerk of the
court of record, in which the conviction was had or bail was
Oklahoma Statutes - Title 47. Motor Vehicles
forfeited, shall prepare and immediately forward to Service Oklahoma
an abstract of the record covering the case in which the person was
convicted or forfeited bail, which shall be certified by the person
required to prepare the abstract to be true and correct.
C. A report shall not be made of any conviction:
1. Involving the illegal parking or standing of a vehicle;
2. Rendered by a nonlawyer judge, unless, within a period not
to exceed the preceding reporting period for Mandatory Continuing
Legal Education, the judge has completed courses held for municipal
judges which have been approved by the Oklahoma Bar Association
Mandatory Legal Education Commission for at least six (6) hours of
continuing judicial education credit, and Service Oklahoma receives
verification of such attendance, from the judge. In the case of
attendance of a continuing judicial education course, verification
may be made by a statement of attendance signed by the course
registration personnel; or
3. Involving any offense for which the offender is eligible for
participation in an approved drug court program. However, if the
offender does not successfully complete the drug court program, the
abstract of the record shall be forwarded as provided in subsection
B of this section, or if the offender has a prior felony conviction,
the abstract of the record shall be forwarded as provided in Section
471.9 of Title 22 of the Oklahoma Statutes.
D. The abstract shall be made upon a form furnished by Service
Oklahoma and shall include:
1. The name, address, sex, and date of birth of the person
charged;
2. The traffic citation number;
3. The driver license number, if any, of the person charged,
and the state or jurisdiction from which the license is issued;
4. The license plate number, make, and model of the vehicle
involved;
5. The nature and date of the offense, the date of hearing, the
plea, the judgment, or, if bail was forfeited, the amount of the
fine or forfeiture; and
6. The name of the court and whether it is a municipal or
district court.
E. Every court of record shall also forward a like report to
Service Oklahoma upon the conviction of any person of manslaughter
or other felony in the commission of which a vehicle was used.
F. The failure, refusal or neglect of any judicial officer to
comply with any of the requirements of this section shall constitute
misconduct in office and shall be ground for removal.
Added by Laws 1961, p. 423, § 18-101, eff. Sept. 1, 1961. Amended
by Laws 1987, c. 233, § 1, eff. Nov. 1, 1987; Laws 1995, c. 23, §
14, eff. Nov. 1, 1995; Laws 1995, c. 316, § 1, eff. Nov. 1, 1995;
Laws 1996, c. 245, § 2, eff. Nov. 1, 1996; Laws 1997, c. 201, § 3,
Oklahoma Statutes - Title 47. Motor Vehicles
eff. Nov. 1, 1997; Laws 2000, c. 159, § 2, emerg. eff. April 28,
2000; Laws 2002, c. 86, § 7, emerg. eff. April 17, 2002; Laws 2004,
c. 173, § 7, eff. Nov. 1, 2004; Laws 2004, c. 390, § 13, eff. Sept.
1, 2005; Laws 2005, c. 103, § 1, eff. Nov. 1, 2005; Laws 2006, c.
16, § 31, emerg. eff. March 29, 2006; Laws 2009, c. 290, § 3, eff.
Nov. 1, 2009; Laws 2012, c. 207, § 8, emerg. eff. May 8, 2012; Laws
2022, c. 282, § 99, emerg. eff. May 19, 2022.
NOTE: Laws 2005, c. 190, § 12 repealed by Laws 2006, c. 16, § 32,
emerg. eff. March 29, 2006.
§47-19-101.
Repealed by Laws 2000, c. 189, § 14, eff. July 1, 2000.
§47-19-201. Renumbered as § 11-805.2 of this title by Laws 2002, c.
397, § 35, eff. Nov. 1, 2002.
§47-19-211. Renumbered as § 11-805.3 of this title by Laws 2003, c.
279, § 16, emerg. eff. May 26, 2003.
§47-20-101. Uniformity of interpretation.
This act shall be so interpreted and construed as to effectuate
its general purpose to make uniform the law of those states which
enact it.
Laws 1961, p. 424, § 20-101.
§47-20-102. Effect of headings.
Chapter, article and section headings contained herein shall not
be deemed to govern, limit, modify or in any manner affect the
scope, meaning or intent of the provisions of any article or section
hereof.
Laws 1961, p. 424, § 20-102.
§47-20-103. Short title.
This act may be cited as the Uniform Vehicle Code.
Laws 1961, p. 424, § 20-103.
§47-20-104.
10, 1980.
Repealed by Laws 1980, c. 68, § 1, emerg. eff. April
§47-20-105. Constitutionality.
The provisions of this act are severable and if any part or
provision hereof shall be void the decision of the court so holding
shall not affect or impair any of the remaining parts or provisions
of the act.
Laws 1961, p. 424, § 20-105.
§47-20-106.
10, 1980.
Repealed by Laws 1980, c. 68, § 1, emerg. eff. April
Oklahoma Statutes - Title 47. Motor Vehicles
§47-20-107. Time of taking effect.
This act shall take effect from and after September 1, 1961.
Laws 1961, p. 425, § 20-107.
§47-21-101.
§ 3.
Renumbered as § 2101 of Title 68 by Laws 1965, c. 215,
§47-21-102.
§ 3.
Renumbered as § 2102 of Title 68 by Laws 1965, c. 215,
§47-21-103.
§ 3.
Renumbered as § 2103 of Title 68 by Laws 1965, c. 215,
§47-21-104.
§ 3.
Renumbered as § 2104 of Title 68 by Laws 1965, c. 215,
§47-21-105.
§ 3.
Renumbered as § 2105 of Title 68 by Laws 1965, c. 215,
§47-21-106.
§ 3.
Renumbered as § 2106 of Title 68 by Laws 1965, c. 215,
§47-21-107.
§ 3.
Renumbered as § 2107 of Title 68 by Laws 1965, c. 215,
§47-21-108.
§ 3.
Renumbered as § 2108 of Title 68 by Laws 1965, c. 215,
§47-21-109.
§ 3.
Renumbered as § 2109 of Title 68 by Laws 1965, c. 215,
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 47-1702
What does Oklahoma Statutes § 47-1702 cover?
Section 47-1702 ("State law preempts county or municipality authority and supersedes county or") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
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