Okla. Admin. Code § 260:135-5-5

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

Section 260:135-5-5 - Graduated driver license; persons under eighteen (18) years of age

(a)Purpose. The purpose of this Section is to establish the procedures for a person under the age of eighteen (18) years to apply for and be issued a Class D driver license and whose parent has not filed an objection with Service Oklahoma prohibiting the licensing of the person [47 O.S. § 6-103.1].

(b)Exclusions. This Section does not apply to motorcycles and other motor-driven cycles.

(c)Learner Permit. A person at least 15 1/2 but less than 16, who is currently receiving instruction in or has successfully completed a driver education course, or a person at least 16, with or without driver education, may make application to Service Oklahoma for a Learner Permit. Service Oklahoma will issue a Learner Permit under this subsection if Service Oklahoma approves the application and if the person successfully passes all required examinations and is otherwise eligible for the driver license [47 O.S. §§ 6-103, 6-105].

(1)Application requirements. The customer shall meet the following requirements before Service Oklahoma grants driving privileges to operate a Class D motor vehicle and issues a learner permit to the person.

(A) The applicant shall provide proof of identity and other required documentation [see subsection (B)], submit all application information, sign the application, and successfully pass the vision and written tests. The applicant shall have his or her driver license application signed by a legal custodial parent or legal guardian of the applicant either in person before a person authorized to administer oaths, if electronically completing an online application or submit a notarized affidavit approved by Service Oklahoma that is signed by a custodial legal parent or legal guardian [47 O.S. § 6-107(A)].

(B) For an applicant at least 15 1/2 years of age but less than 16 years of age, documentation of attendance or successful completion of a driver education course as defined in 47 O.S. § 6-105(C)(1) shall be submitted. If the applicant is 16 years of age or older and has successfully completed a driver education course, the documentation may be submitted. Documentation of attendance shall be the certificate of enrollment issued to the person from the driver education instructor, a signed contract or an attendance card issued for the person by the commercial driver education school, or an approved application for parent-taught driver education from Service Oklahoma and a receipt of purchase from a parent-taught driver education provider. Documentation of completion shall be the completion certificate issued to the person from the driver education instructor, a completion certificate issued to the person by the commercial driver education school, or a completion certificate from a parent-taught driver education provider. Any applicant who has completed driver education at a public high school in a state other than Oklahoma shall be required to obtain a completion certificate issued by the Oklahoma high school in which he or she is currently enrolled. Proof of driver education from an out-of-state commercial driver education program may be accepted.

(2)Driving restrictions. The permittee is authorized to operate a Class D motor vehicle between the hours of 5:00 a.m. and 10:00 p.m. and only 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 [47 O.S. § 6-105(C)(2)]; provided, the license of the accompanying driver shall be current and valid.

(3)Other information. During the period the permittee is issued and possesses a Learner permit, the custodial legal parent or legal guardian shall ensure that the permittee has received a minimum of fifty (50) hours of actual behind-the-wheel training, of which at least (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 [47 O.S. §6-105(D)(1)]; provided, the license of the driver providing behind-the-wheel training shall be current and valid.

(d)Intermediate License. When a permittee has applied for, been issued, and has possessed a Learner Permit for a minimum of six (6) months [47 O.S. §6-105(D)(1)], the permittee may apply to Service Oklahoma for an Intermediate License.

(1)Application requirements. The permittee shall meet the following requirements before Service Oklahoma grants driving privileges to operate a Class D motor vehicle and issues an Intermediate License to the permittee.

(A) The permittee shall provide proof of identity and successfully pass the driving skills tests,

(B) The person must not have been, within the previous 6 months, convicted of, pled guilty to, or pled no contest to any moving vehicle violation [47 O.S. § 6-105(D)],

(C) the permittee's parent or legal guardian shall certify to Service Oklahoma by sworn affidavit that the permittee 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 [47 O.S. §6-105(D)]; provided, the license of the driver providing behind-the-wheel training shall be current and valid, and

(D) for a person who was issued a learner permit and who was less than 16 years of age at the time of issuance pursuant to (c)(1)(B)(iii), documentation of successful completion of a driver education course as defined in 47 O.S. § 6-105(C)(1) shall be submitted. Documentation of completion shall be the completion certificate issued to the person from the driver education instructor or a completion certificate issued to the person by the commercial driver education school. If such documentation is not presented, the person shall not be eligible for issuance of an intermediate license until the person is at least 16 1/2 years of age.

(2)Driving restrictions. The intermediate licensee shall be:

(A) restricted to driving:

(i) 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

(ii) 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; provided the license of the accompanying driver shall be current and valid, and

(B)shall not operate a motor vehicle with more than one passenger unless all passengers live in the same household as the custodial legal parent or legal guardian, or a licensed driver at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee; provided the license of the accompanying driver shall be current and valid [47 O.S. § 6-105(D)(2)].

(e)Class D driver license. An intermediate licensee may apply to Service Oklahoma for a Class D driver license if the licensee has applied for, been issued, and possessed an Intermediate 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 47 O.S. §6-105(D)(1)(b)[47 O.S. §6-105(E)].

(A)Application requirements. The licensee shall meet the following requirements before Service Oklahoma grants driving privileges to operate a Class D motor vehicle and issues a Class D driver license to the licensee.

(i) The licensee shall provide proof of identity and successfully pass the driving skills tests;

(ii) The licensee must not have been convicted of, pled guilty to, or pled no contest to any moving vehicle violation [47 O.S. § 6-105(D)(1)(b)]; and

(iii) for a person who has completed both driver education and the parent-certified behind-the-wheel training, documentation shall be submitted. Documentation of completion of a driver education course as defined in 47 O.S. § 6-105(C)(1) shall be the completion certificate issued to the person from the driver education instructor or a completion certificate issued to the person by the commercial driver educational school. Documentation of completion of parent-certified behind-the-wheel training shall be by affidavit signed by the parent and approved by Service Oklahoma.

(B)Driving restrictions. Service Oklahoma, upon recommendations by the Department of Public Safety, may restrict the driving privileges of any person as provided by law [47 O.S. § 6-113].

(f)Persons licensed by another jurisdiction. A person who, at the time of application, is licensed by another jurisdiction, or whose license is expired not more than 6 months past the expiration date listed on the license, may apply for driving privileges under this Section. As used in this subsection, "another jurisdiction" means one of the fifty (50) states, the District of Columbia, or a Canadian province.

(1)Learner Permit. If the person is operating under a learner permit, or equivalent, issued by another jurisdiction, the person may apply for:

(A) A Leaner Permit, as provided in subsection (c); provided, a person who is less than fifteen and one half (15 1/2) years of age shall not be issued a Learner Permit; or

(B) An Intermediate License, as provided in subsection (d), if driving privileges granted by another jurisdiction have been in effect for a minimum of six (6) months; provided, a person who is less than sixteen (16) years of age shall not be issued an Intermediate License.

(2)Intermediate License. If the person is operating under an intermediate license, or equivalent, issued by another jurisdiction, the person may apply for:

(A) A Learner Permit, as provided in subsection (c); provided a person who is less than fifteen and one half (15 1/2) years of age shall not be issued a Learner Permit;

(B) An intermediate License, as provided in subsection (d); provided, a person who is less than sixteen (16) years of age shall not be issued an Intermediate License; or

(C) A Class D Driver License, as provided in subsection (e), if driving privileges granted by another jurisdiction have been in effect for a minimum of twelve (12) months; provided, a person who is less than sixteen and one half (16 1/2) years of age shall not be issued a Class D Driver License.

(3)Class D Driver License. If the person is operating under a Class D Driver License, or equivalent, issued by another jurisdiction, the person may apply for:

(A) A Learner Permit, as provided in subsection (c); provided a person who is less than fifteen and one half (15 1/2) years of age shall not be issued a Learner Permit;

(B) An intermediate License, as provided in subsection (d); provided, a person who is less than sixteen (16) years of age shall not be issued an Intermediate License; or

(4)Considerations.

(A) Credit shall be given for the time driving privileges have been granted and in effect, as evidenced by another jurisdiction. Evidence of driving privileges shall be confirmed by the issuance date on the permit or license from another jurisdiction, by the issuance date provided by the other jurisdiction, or both; provided, the earliest date shall be the date used to calculate credit.

(B) Examinations may be waived as provided in OAC 260:135-5-42.

Okla. Admin. Code § 260:135-5-5

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

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