Okla. Admin. Code § 260:135-5-10

Current through Vol. 42, No. 4, November 1, 2024

Section 260:135-5-10 - Procedure for obtaining a replacement driver license

(a)General requirements. Any person requiring a replacement Class D driver license because the license was lost, stolen, or mutilated or because information on the license needs to be changed may request a licensed operator to issue a replacement, upon presentation of proper identification and payment of the required fee. A CDL license holder must see a Driver License Examiner.

(b)Required identification to replace lost, stolen, or mutilated license. Any person shall provide both primary and secondary identification as prescribed in OAC 260:135-5-3(b) for a Real ID Compliant license or OAC 260:135-5-3(c) for a Real ID Non-Compliant license.

(c)Required identification to change information and replace a license.

(1)Name change. Any person who requests a replacement driver license in order to make a name change shall comply with the primary and secondary identification requirements prescribed in OAC 260:135-5-3(b) for a Real ID Compliant license or OAC 260:135-5-3(c) for a Real ID Non-Compliant license in order to identify the person by his or her former name and with OAC 260:135-5-16 in order to identify the person by his or her new name. The former name shall be entered into the " Alias" field in the driver license database to provide historical information to Service Oklahoma. The person requesting the name change for a Real ID Non-compliant license may retain the old license, if it is available and is a Class D driver license, after the licensed operator has first punched a hole through the identification number of the license or has cut off the lower right corner of the license.

(2)Address change. Any person who requests a replacement driver license in order to make an address change shall provide both primary and secondary identification as prescribed in OAC 260:135-5-3(b) for a Real ID Compliant license or OAC 260:135-5-3(c) for a Real ID Non-Compliant license. The person requesting the address change may retain the old Real ID Non-Compliant license, if it is available, after the licensed operator has first punched a hole through the identification number of the license or has cut off the lower right corner of the license. An address change shall be made only to an Oklahoma address. Proof of residency approved by Service Oklahoma must be provided for a Real ID Compliant license.

(3)Endorsement or restriction change. Any person who requests a replacement driver license in order to change endorsement or restriction information on the license shall provide both primary and secondary identification as prescribed in OAC 260:135-5-3(b) for a Real ID Compliant license or OAC 260:135-5-3(c) for a Real ID Non-Compliant license. The person requesting the information change may retain the old Real ID Non-Compliant license, if it is available, after the licensed operator has first punched a hole through the identification number of the license or has cut off the lower right corner of the license.

(4)Sex change. The licensee shall show an original or certified court order for name change, if applicable, and a notarized statement on letterhead from the physician who performed the sex change operation indicating the customer or licensee has undergone a complete physical sex change. The letter shall state the sex change is "irreversible and permanent". The licensee shall also show proof of former legal name. The former name shall be entered into the "Alias" field in the driver license database to provide historical information to Service Oklahoma. The person requesting the information change may retain the old Real ID Non-compliant license, if it is available, after the licensed operator has first punched a hole through the identification number of the license or cut off the lower right corner of the license.

(5)Physical Sex change. The licensee shall show an original or certified court order for name change, if applicable, and a notarized statement on letterhead from the physician who performed the sex change operation indicating the customer or licensee has undergone a complete physical sex change. The letter shall state the sex change is "irreversible and permanent". The licensee shall also show proof of former legal name. The former name shall be entered into the "Alias" field in the identification card database to provide historical information to the Department. The person requesting the information change for a Real ID Non-compliant card may retain the old card, if it is available, after the motor license agent has first punched a hole through the identification number of the card or has cut the lower right corner of the card.

(6)Psychological Sex Change Due to Gender Dysphoria. The licensee shall show an original or certified court order or birth certificate for gender change and also for a name change, if applicable and a notarized statement on letterhead from a mental health professional who has diagnosed this condition. The licensee shall also show proof of former legal name. The former name shall be entered into the "Alias" field in the identification card database to provide historical information to Service Oklahoma. The person requesting the information change for a Real ID Non-compliant card may retain the old card, if it is available, after the licensed operator has first punched a hole through the identification number of the card or has cut the lower right corner of the card.

(d)Limitations to issuance of a replacement driver license. A replacement driver license will be issued only to an individual whose driving privilege is not under suspension, revocation, disqualification, cancellation, or denial and who complies with this Section. In addition, a person may not apply for, and Service Oklahoma shall not issue, a renewal or replacement driver license while the parson's license, permit or other evidence of driving privileges is in the custody of a law enforcement officer or the Department. [47 O.S. §6-303(G)].

(e)Change of driver license number.

(1) Use of the licensee's Social Security number as the driver license number is prohibited. At the time of replacement, any licensee whose driver license number is his or her social security number shall inform Service Oklahoma or the licensed operator of that fact. If the numbers are the same, a new driver license number will be assigned for the licensee by computer [47 O.S. § 6-106(B)].

(2) Any licensee may request to change his or her driver license number to any nine-digit number by making a written request to Service Oklahoma. Upon approval by Service Oklahoma, the licensee shall obtain a replacement driver license from a licensed operator, and the licensee shall pay the required fee for the replacement.

(f)Persons unable to appear due to medical situation. An individual, who is an Oklahoma resident and who is located within the state, may declare in writing to Service Oklahoma that, because of a medical reason or condition, he or she is unable to appear in person to replace his or her driver license, in which case Service Oklahoma shall issue by mail an identification card to the person and shall not issue a driver license. The driver license shall be surrendered, if available, by the individual to Service Oklahoma prior to issuance of the identification card. The individual shall provide both primary and secondary identification as prescribed in OAC 260:135-5-3(b) for a Real ID Compliant license or OAC 260:135-5-3(c) for a Real ID Non-Compliant license. A REAL ID non-compliant driver license cannot be surrendered for a REAL ID compliant identification card. A REAL ID compliant card shall not be issued if there is any material change in any personally identifiable information since prior issuance and Service Oklahoma shall take an updated photograph of the applicant, no less frequently than every sixteen years.

(g)Replacing driver license - not in person. Service Oklahoma may create an alternative method where any Oklahoma Class D driver license holder may apply to Service Oklahoma to replace his or her Class D driver license without appearing in person as provided in this Section.

(1) The Class D driver license holder shall make application online or in writing to Service Oklahoma and shall submit to Service Oklahoma:

(A) copies of documentary evidence of the customer's name and date of birth,

(B) the customer's Class D driver license number,

(C) both the Oklahoma residence address and Oklahoma mailing address with the specification as to which address is to be displayed on the license (display of both the residence address and mailing address, or any combination thereof, is prohibited; provided, this subsection shall not be construed to prohibit display of a residence address if it is also the mailing address); provided, if the address is different than the address on record with Service Oklahoma, the applicant must submit a change address request to Service Oklahoma online at service.ok.gov., and

(D) the number of a nationally-recognized credit card and authorization for the required fee for the replacement Class D driver license to be paid by the customer to Service Oklahoma using the credit card; and

(E) the applicant's signature.

(2) Submission of the items required in paragraph (1) shall be made in one of the following manners:

(A) online application: service.ok.gov,

(B) by first class mail: Service Oklahoma, PO Box 11415, Oklahoma City, OK 73136

(3) Method of payment:

(A) online: if the applicant is submitting their application online they may only pay by credit card.

(B) by mail: if the applicant is submitting their application by mail they must include a cashier's check or money order along with the required documents. No personal checks or other forms of payment will be accepted.

(4) If Service Oklahoma approves the replacement Class D driver license without appearing in person, pursuant to the requirements of this chapter, and if the digital photograph and digital signature of the applicant are available from the files of Service Oklahoma, Service Oklahoma shall create the replacement Class D driver license using that photo and signature.

(5) Service Oklahoma may mail the renewal Class D driver license only to an applicant who is temporarily residing out of state to the out of state address provided by the licensee. The licensee shall provide a pre-paid self-addressed stamped envelope

(6) If Service Oklahoma denies the replacement Class D driver license to the applicant pursuant to this Section, Service Oklahoma shall notify the customer in writing of the denial, the reason for the denial, return any payment submitted by the applicant, and the applicant shall be required to appear in person for the replacement Class D driver license.

(7) A replacement Class D driver license without appearing in person may apply for no more than three (3) consecutive renewals or replacements of such license by mail or online. A fourth consecutive renewal or replacement must be done in person.

(A) If a material change is requested for a Real ID Non-compliant license, the original or certified copies of the required documents must be submitted. A material change means any change to the personally identifiable information of an individual, such as their name or driver license number. A material change does not include a change of address. If the customer wants these documents returned they are to enclose a self-addressed, stamped envelope.

(B) A Real ID Compliant license requiring a material change must be done in person.

(C) Such replacement shall be approved only when the immediately previous renewal was in person. Provided, any person or the spouse or dependent of a person:

(i) who is on active duty with the Armed Forces of the United States; or

(ii) 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 (3) consecutive renewals or replacements of such license by mail or online. A fourth consecutive renewal or replacement must be done in person.

Okla. Admin. Code § 260:135-5-10

Transferred from 595:10-1-18 by HB 3419 (2022), eff. 5/19/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023