Okla. Admin. Code § 260:135-5-52

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

Section 260:135-5-52 - Vision standards and problems

(a)Acuity.

(1) A person may be considered for a Class D driver license if the visual acuity is:

(A) Twenty/sixty (20/60) or better in both eyes, with or without corrective lenses.

(B) Twenty/fifty (20/50) or better in one eye, with or without corrective lenses.

(C) Any person not meeting the requirements in (A) or (B) of this paragraph may apply for a restricted driver license with such restrictions as speed limit, locale, and time, if the visual acuity is no worse than twenty/one hundred (20/100), when each eye is measured independently with or without corrective lenses.

(2) A person may be considered for a Class A, B, or C intrastate commercial driver license if the visual acuity in one eye alone or with both eyes is twenty/forty (20/40) or better, with or without corrective lenses.

(b)Field of vision.

(1) A person may be considered for a Class D driver license if the field of vision is at least seventy (70) degrees in the horizontal meridian when each eye is measured independently. Any person not meeting the requirement in this paragraph may apply for a restricted driver license with such restrictions as speed limit, locale, and time, if the field of vision is not narrower than sixty (60) degrees in the horizontal meridian in one eye when each eye is measured independently.

(2) A person may be considered for a Class A, B, or C intrastate commercial driver license if the field of vision is at least seventy (70) degrees in the horizontal meridian in one eye when each eye is measured independently.

(c)Eye diseases. A person with progressive eye disease such as cataract, glaucoma, nystagmus, iritis, iridocyclitis, retinitis pigmentosa, choroiditis, retinal detachments, macular degeneration, inflammatory vascular, eye ground diseases, optic atrophy, or other disease affecting vision or visual fields shall not be licensed unless they meet the visual standards set forth in (a) and (b) of this Section. If licensed, future periodic vision reports may be required to be submitted to Service Oklahoma by an ophthalmologist or optometrist.

(d)Use of Bioptic Telescopic Device.

(1) A person using a bioptic telescopic device shall be eligible for a restricted Class D driver license under section if the person meets the following:

(A) Demonstrates a visual acuity of at least twenty/sixty (20/60) in one eye alone or with both eyes measured separately with the corrective carrier lenses and a field of vision of seventy (70) degrees in the horizontal meridian with or without corrective carrier lenses, or if the person has vision in one eye only, the person demonstrates a visual acuity of twenty/fifty (20/50) as measured with monocular vision with the corrective carrier lenses, with a field of vision at least seventy-five (75) degrees in the horizontal meridian.

(B) Any person not meeting the requirements in (A) of this paragraph may apply for a restricted driver license with such restrictions as speed limit, locale, and time, if the visual acuity is no worse than twenty/one hundred (20/100) when each eye is measured independently, with corrective lenses and without the use of field expanders. A bioptic telescopic device fitted and in use by the person cannot exceed a four times (4x) magnification. A visual acuity of at least twenty/sixty (20/60) or better in each eye alone or with both eyes with the use of the bioptic telescopic device is required for qualification for a restricted Class D driver license. If the best corrected visual acuity with the use of corrective carrier lenses is twenty/one hundred (20/100), Service Oklahoma will require specific restrictions to be placed on the restricted Class D driver license limiting the maximum speed of operation to 45 miles per hour and daylight driving only on a permanent basis.

(C) The applicant will provide a vision screening report of examination by an ophthalmologist or optometrist on a form prescribed Service Oklahoma to document that the visual acuity and field of vision standards have been met. The vision screening report of examination, completed by the ophthalmologist or optometrist, must provide a favorable recommendation that the condition of the applicant is stable and the applicant fitted with the bioptic telescopic device is capable of safely operating a motor vehicle. Following the review of the visual screening report of examination by Service Oklahoma, additional testing and training of the applicant using a bioptic telescopic device may be required prior to licensing, if such a recommendation is made by the Department of Public Safety in conjunction with Service Oklahoma.

(2) If the applicant using a bioptic telescopic device is an original applicant for a driver license, the applicant may be eligible for a limited learner permit or restricted Class D driver license. The learner permit or restricted Class D driver license shall have a detailed restriction 8 thereon requiring the use of the bioptic telescopic device to drive. Driving with the restriction 8 shall also limit driving to during daylight hours only, preclude operation of a motor vehicle upon the interstate highways, and limit the speed of the vehicle driven to a maximum of 45 miles per hour.

(3) The use of a bioptic telescopic device shall only be used as a reference while driving by persons issued a limited learner permit or a restricted Class D driver license. The following additional restrictions on the license will be applied to person using a bioptic telescopic device while driving:

(A) The licensee or permit holder shall not be eligible for any endorsements;

(B) The licensee or permit holder shall only be permitted driving during daylight hours;

(C) The licensee or permit holder shall not be allowed to operate a motor vehicle on the interstate highways; and

(D) The licensee or permit holder shall be restricted to the maximum speed of operation to 45 miles per hour or by a lower limit of speed according to the recommendation of the Department.

(4) Persons issued a restricted Class D driver license, after using a bioptic telescopic device for a period of thirty-six (36) months or more while driving, may apply for the removal of one or more of the restrictions listed in (d)(3) above, if he or she:

(A) Has not been involved in any motor vehicle accident for a period of the preceding thirty-six months;

(B) Has provided to Service Oklahoma a favorable recommendation from the ophthalmologist or optometrist that is most familiar with the visual correction and placement of the bioptic telescopic device; and

(C) Has not been cited for any moving traffic violations or a violation of the licensing restrictions.

(e)Operation of a Commercial Motor Vehicle. No person shall be considered for the operation of a commercial motor vehicle driver license (CDL) with the use of a bioptic telescopic device.

(f)Required Notification of Department. If any organic issues develop that decrease the abilities of the licensee to manage the safe operation of a motor vehicle, the licensee is responsible of notifying Service Oklahoma of that development immediately.

(g)Required equipment. Any person with visual acuity of twenty/one hundred (20/100) in the left eye shall be required to have a left outside rearview mirror (Restriction code 2) [see OAC 260:135-5-22 regarding driving restriction codes] on any vehicle the person operates.

Okla. Admin. Code § 260:135-5-52

Transferred from 595:10-5-7 by HB 3419 (2022), eff. 5/19/2022

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