Okla. Admin. Code § 260:135-5-40

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

Section 260:135-5-40 - Vision

(a)Visual examination. The vision standards set forth in this section and OAC 260:135-5-52 are not intended to supersede any other;

(1) state standard or rule for operators of school buses [see OAC 210:30-5 regarding school bus operator rules], or

(2) federal regulation or law.

(b)Vision screening. A driver license applicant's eyesight shall be screened by means of a vision screener or by the use of a Snellen Chart and must meet the requirements set out in OAC 260:1235.-5-52 or 49 C.F.R., Section 391.41, whichever is applicable.

(c)Visual acuity and field of vision - Class D driver license applicants.

(1) An applicant may be considered for a Class D driver license if the applicant meets the vision standards established in:

(A) OAC 260:135-5-52(a)(1)(A), and

(B) OAC 260:135-5-52(b)(1)(A).

(2) An applicant who fails to meet the vision standards in (1) of this subsection shall be given an "Additional Visual Screening Report" (Form DL20) to take to a vision specialist of the applicant's choice to determine if the vision can be corrected to meet the standards in (1) of this subsection. The applicant must return the completed Form DL20 to the Driver Examiner after visiting the vision specialist. The visual acuity and field of vision readings of the vision specialist shall be the readings accepted by Service Oklahoma. Any recommendations by the vision specialist regarding the driving ability or limitations of the applicant shall be followed Service Oklahoma.

(3) If the vision specialist:

(A) is able to correct vision to meet the standards of (1) of this subsection, the applicant may be further considered by Service Oklahoma for a Class D driver license, or

(B) is unable to correct vision to meet the standards of (1) of this subsection, the applicant will be referred to the Medical Desk, Department of Public, P.O. Box 11415, Oklahoma City, OK 73136-0415, 405-425-2083.

(4) The Medical Desk of the Department of Public Safety will make the final determination as to whether the applicant may be further considered by Service Oklahoma for a Class D driver license.

(A) If the Medical Desk authorizes the applicant for further consideration, the Medical Desk will issue an authority letter to the applicant which will include any recommendations to the Service Oklahoma as to driving limitations deemed necessary for the condition of the applicant.

(B) If the Medical Desk does not authorize the applicant for further consideration, the Medical Desk will issue a letter to the applicant stating that authority is being denied. The applicant may appeal the denial pursuant to OAC 260:135-5-62.

(d)Restrictions. Service Oklahoma, in conjunction with the Department of Public Safety may impose restrictions on those applicants under (c) and (d) of this section whose visual acuity does not meet standards established in OAC 260:135-5-52, restricting the operation of a motor vehicle to specified area, time of day, streets and highways, speed limits, and any other restriction deemed necessary by Service Oklahoma, in conjunction with the Commissioner of Public Safety for the safe operation of a motor vehicle. An extended skills test may be conducted to determine the appropriate restriction. Such restrictions shall apply if the applicant is licensed by Service Oklahoma to operate a motor vehicle.

Okla. Admin. Code § 260:135-5-40

Transferred from 595:10-3-6 by HB 3419 (2022), eff. 5/19/2022

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