Current through Vol. 42, No. 4, November 1, 2024
Section 260:135-5-91 - Occupational modifications(a) Any person licensed by this state, who otherwise would not be prohibited from driving, may appear for an informal hearing, as specified on the withdrawal order, to discuss having the order modified for extreme and unusual hardship when it is determined there is no other adequate means of transportation, subject to the following factors and except those orders issued under this Subchapter, state statute, or federal law or regulation which are not subject to modification. No modification shall be considered for the operation of a Class A, B, or C commercial motor vehicle. Service Oklahoma shall not modify a person's order under this Section more than once in any five (5) year period of time. The following factors are considered during the hearing: (1) Would modification of the order be consistent with traffic safety?(2) Does a real need exist?(3) If under eighteen (18) years of age, one or both parents or guardian must be present at the hearing.(4) As a condition to having an order modified, the person must agree to, and shall during the period of modification: (A) Not violate any state or municipal traffic law or ordinance;(B) Abide by all restrictions granted by the modification;(C) Take any portion of the driver license examination that may be requested by Service Oklahoma; provided, the person must complete and pass such examination(s);(D) Furnish medical report, if requested by Service Oklahoma; and(E) Complete a driver improvement course, a defensive driving course, or a motor vehicle accident prevention course within a time period specified by Service Oklahoma, if requested by Service Oklahoma.(b) Any person who is denied an occupational modification under this Section by Service Oklahoma shall have the right of appeal as provided by 47 O.S. §6-211.Okla. Admin. Code § 260:135-5-91
Transferred from 595:10-7-15 by HB 3419 (2022), eff. 5/19/2022Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023