Okla. Admin. Code § 260:135-5-140

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

Section 260:135-5-140 - Procedures for obtaining an initial commercial driver license

(a)Application. An applicant for an initial Oklahoma commercial driver license shall first appear before a Driver License Examiner [47 O.S. § 6-110]. An application for a commercial driver license shall be completed by the applicant at the Driver License Examination Station and approved by a Driver License Examiner prior to the commencement of the required examination. Upon submitting a completed and approved application, providing proof of identity [OAC 260:135-5-3(b)] and proof that the applicant is a United States citizen, foreign national or a legal permanent resident alien [21 O.S. § 1550.42(B)], meeting all statutory requirements, and successfully completing every required examination, the applicant may then proceed to a Licensed Operator or Service Oklahoma, and present to the Licensed Operator or Service Oklahoma an approved application issued by the Driver License Examiner, along with identification (as prescribed in OAC 260:135-5-3(b) for an Oklahoma REAL ID Compliant credential and OAC 260:135-5-3(c) for an Oklahoma Real ID Non-Compliant credential), pay the required fees, and be issued an Oklahoma REAL ID Compliant credential or an Oklahoma REAL ID Non-Compliant credential. Upon approval of the application by Service Oklahoma, the applicant shall surrender to Service Oklahoma any driver license, whether issued by Oklahoma or by another jurisdiction, currently issued to the applicant.

(b)Required identification. At the time of application for an initial Oklahoma credential, every applicant shall provide to the Driver License Examiner:

(1) proof of identification [47 O.S. § 6-106(A)(3); OAC 260:135-5-3(b) for REAL ID Compliant credential or OAC 260:135-5-3(c) for REAL ID Non-Compliant credential],

(2) documentation showing whether the applicant is a United States citizen, foreign national or legal permanent resident alien [21 O.S. § 1550.42]. Proof of citizenship or lawful permanent residency shall be met only when the applicant [49 C.F.R. § 383.71] :

(A) is a United States citizen who shall provide, unless notated on the driving index a:

(i) Valid, unexpired U.S. Passport;

(ii) Certified copy of a birth certification filed with a State Office of Vital Statistics or equivalent agency in the individual's State of birth, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands;

(iii) Consular Report of Birth Abroad (CRBA) issued by the U.S. Department of State;

(iv) Certificate of Naturalization issued by the U.S. Department of Homeland security (DHS); or

(v) Certificate of Citizenship issued by DHS.

(B) is a lawful permanent resident who shall provide a valid, unexpired Permanent Resident Card issued by USCIS or INS.

(3) proof of full legal name,

(4) date of birth, and

(5) proof of Oklahoma residency established by a utility bill or Government form bearing the name and address of the applicant. Proof of current residence must be shown for initial issuance, transfer, renewal, or upgrade, made after July 8, 2011. [47 O.S. § 6-106(B)].

(6) on or after February 7, 2022, applicants must be in compliance with the provisions of 49 CFR 380.600- 609 Subpart F-Entry Level Driver Training Requirements and meet the curriculum requirements set forth in appendices A through E of part 380.

(7)49 CFR 380.700-725 Subpart G- Registry of Entry-Level Driver Training Providers On and After February 7, 2022.

(c)Documentation requirements. Any document furnished must be either a certified or original copy and issued by the proper authority; notarized documents will not be accepted. Any document presented shall be unexpired unless otherwise noted in OAC 260:135-5-3. Any document that has been or appears to have been duplicated, traced over, mutilated, defaced, tampered with, or altered in any manner or that cannot be read by the Driver License Examiner shall not be accepted or used for identification purposes. All identification documents must be approved by the Driver License Examiner before acceptance. The Driver License Examiner may, at his or her discretion, request additional identification documentation of the applicant.

(d)Commercial driver license numbers.

(1) Commercial driver license numbers shall be assigned by computer. Use of the applicant's Social Security number as the commercial driver license number is prohibited [47 O.S. § 6-106(B)].

(2) Any licensee may request to change the numeric characters of his or her commercial 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 commercial driver license from a Licensed Operator or Service Oklahoma, and the licensee shall pay the required fee for the replacement license [OAC 260:135-5-151] .

Okla. Admin. Code § 260:135-5-140

Transferred from 595:11-1-12 by HB 3419 (2022), eff. 5/19/2022

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