Okla. Admin. Code § 260:135-5-143

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

Section 260:135-5-143 - Applicability, substitutions, limitations, and additions to federal regulations adopted by reference

(a)Applicability. The licensing regulations found in 49 C.F.R., Parts 380, 383 and 391, as adopted in OAC 260:135-5-142 are applicable to all applicants for Class A, B, and C commercial driver licenses.

(b)Terminology substitutions. Unless otherwise specified, the following terminology shall apply to federal rules adopted by reference in OAC 260:135-5-142:

(1) "Service Oklahoma" shall be substituted wherever the term "Department of Public Safety", "Department of Transportation" or "Federal Motor Carrier Safety Administration" is used.

(2) "Director of Service Oklahoma" shall be substituted wherever the term "Commissioner of Public Safety", "Federal Motor Carrier Safety Administrator" or "Regional Director" is used.

(c)Limitations to scope of definitions. The definitions provided in (b) of this Section are limited in application to 47 O.S. § 6-101 et seq. and the rules adopted by Service Oklahoma to carry out the provisions of those statutes. These definitions do not alter, replace, or change any definitions contained in Title 47 of the Oklahoma Statutes.

(d)Additional qualification of all classes of commercial drivers. The following additions are made to the federal requirement in Qualifications of Drivers [49 CFR § 391.11(b)(1)] that a driver be twenty-one (21) years of age or older:

(1) A driver operating solely in intrastate commerce shall be at least eighteen (18) years of age; and

(2) Any person who is not at least twenty-one (21) years old shall not be licensed for:

(A) the transportation of hazardous materials which are required to be placarded or marked in accordance with 49 CFR § 177.823, or

(B) transporting fifteen (15) or more passengers; provided, this subparagraph shall not apply to school bus drivers as provided in OAC 210:30-5.

(e)Additional qualifications for non-excepted commercial drivers. The following additions are made to the federal requirement in Commercial Driver's License Standards; Requirements and Penalties [49 CFR § 384] relating to medical examiner's certificate:

(1) A non-excepted commercial driver operating solely in intrastate commerce shall meet the same qualifications as a driver operating in interstate commerce. A driver that certifies that he or she operates as a non-excepted interstate driver must have a current medical examiner certificate.

(2) A current medical examiner's certificate, including any variance if applicable, shall be delivered to Service Oklahoma by the driver:

(A) by mail to: Service Oklahoma; P.O. Box 11415, Oklahoma City, OK 73136;

(B) by fax to the fax number listed on the Service Oklahoma website at service.ok.gov

(C) by e-mail to: mec@service.ok.gov

(D) in person to: Service Oklahoma headquarters or any Service Oklahoma Examination Site

(3) Service Oklahoma may date stamp the medical examiner's certificate and return a copy, along with the variance if applicable, as a receipt to the driver; and the driver shall keep the copy of the medical examiner's certificate, and any variance if applicable, in his or her possession at all times when operating a commercial motor vehicle.

(4) Changes to the status of any driver from non-excepted status to excepted status or from excepted status to non-excepted status shall be made in writing to Service Oklahoma by the driver, using one of the delivery methods described in paragraph (2).

Okla. Admin. Code § 260:135-5-143

Transferred from 595:11-1-15 by HB 3419 (2022), eff. 5/19/2022

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