Okla. Admin. Code § 260:135-5-58

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

Section 260:135-5-58 - Chronic violator

(a) A person who has failed to respond to usual methods of assistance offered by Service Oklahoma to the extent that the person has been suspended for an accumulation of ten (10) or more points three (3) or more times within a period of five (5) years, shall be classified as a chronic violator and inimical to public safety. Once the person has attained a six-month violation-free period prior to application for reinstatement of driving privileges, the person may be required to submit to Service Oklahoma the results of psychiatric evaluation by a psychiatrist and/or psychological testing by a psychologist. Consultation on cases of chronic violators must have examinations of sufficient depth to rule out psychological conditions detrimental to public safety. Psychometric evaluation should be sufficient to determine IQ levels; however, other psychological and/or psychiatric evaluations may be necessary to determine a person's mental and emotional capability to operate a motor vehicle safely. Once a person has met these guidelines and is otherwise eligible, the issuance of a restricted driver license may be considered. The licensee shall drive with a restricted driver license for a minimum of one (1) year.

(1) The person must remain free of any traffic violations or of creating any hazardous conditions while operating a motor vehicle. At the discretion of the Director, each time the restricted driver license is reviewed, the licensee shall appear in person before an authorized representative of Service Oklahoma and be provided an informal interview on the safety aspects of motor vehicle operation.

(2) The restricted driver license instructs any law enforcement officer to forward a report of any incident by this person involving a traffic violation or hazardous condition to Service Oklahoma.

(3) If the restricted driver license is withdrawn for a traffic violation or hazardous condition created by the licensee, the licensee shall not be considered for a second issuance until a violation free period has once again been accomplished for a period of not less than six (6) months nor more than twelve (12) months.

(4) When two restricted driver licenses have been withdrawn for subsequent violations or hazardous conditions, a twelve (12) month violation free period must be accomplished and verification from a licensed psychologist or psychiatrist be furnished to show the licensee to be safe to operate a motor vehicle.

(b) In the event a person who has been classified a Chronic Violator under this section becomes a legal resident of another state or driver license jurisdiction, the person may be considered for reinstatement provided the following criteria is met:

(1) A notarized affidavit is furnished to Service Oklahoma stating the person is a permanent resident of another state or driver license jurisdiction,

(2) Acceptable verification is submitted that the person has not been found guilty of a traffic violation within the preceding twelve (12) months,

(3) Evidence of completion of an approved driver improvement program within the preceding twelve (12) months, and

(4) All statutory requirements regarding reinstatement have been met.

(c) Any person failing to meet the requirements for a restricted driver license as set forth in this Chapter shall be denied driving privileges pursuant to 47 O.S. §6-103.

Okla. Admin. Code § 260:135-5-58

Transferred from 595:10-5-14 by HB 3419 (2022), eff. 5/19/2022

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