Okla. Admin. Code § 260:135-5-42

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

Section 260:135-5-42 - Skills examination

(a)In general. The skills examination shall only be administered after the applicant has successfully passed the knowledge test, or had it waived if eligible, and the vision test. Whenever a skills examination is required, the following general conditions shall apply:

(1) The skills examination shall start at a designated location and shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle. Applicants shall furnish the type of vehicle required for the Class D skills examination.

(2) The skills examination shall not be administered in a vehicle:

(A) which is not insured as required by 47 O.S. §7-600 et seq.,

(B) which does not have a current license plate,

(C) which is not equipped with seatbelts, if the vehicle was originally manufactured and equipped with seatbelts, or

(D) which does not comply with vehicle equipment and safety standards as required by Chapters 12 and 13 of Title 47 of the Oklahoma Statutes.

(3) An applicant determined by an examiner to be cheating on any portion of the skills examination shall:

(A) immediately forfeit the examination,

(B) be given a failing score by the examiner, and

(C) be disqualified from retaking the examination for one week.

(b)Scoring of examination. The scoring procedure will be on a cumulative deduction system based on poor driving practices. The Commissioner or the Commissioner's representative shall determine a point value for each improper driving act.

(c)Content of examination for Class D driver license.

(1) The skills examination shall include, but not be limited to, the following maneuvers:

(A) Starting,

(B) Hill parking (excluding two-wheel and three-wheel vehicles),

(C) Starting on hill (excluding two-wheel and three-wheel vehicles),

(D) Intersection movement and observance,

(E) Lane observance and changing,

(F) Left and right turns,

(G) Pedestrian and vehicle right-of-way,

(H) Proper use of automatic transmission or clutch gear (excluding two-wheel or three-wheel vehicles),

(I) Use of brake and accelerator,

(J) Traffic lights or signals, and

(K) Parallel Parking (excluding two-wheel and three-wheel vehicles).

(2) The skills examination will not be conducted when examination route roadways are considered by the examiner to be slick or hazardous due to inclement weather.

(3) Criteria for a skills examination are as follows:

(A) Starting: To determine if the individual is familiar with the vehicle's controls and proper use, and to determine the individual's skill and ability to move the vehicle from a parking space or parking lot into the traffic lane.

(B) Hill parking (stopping and starting): To determine if the individual has the ability to park a vehicle on an incline in a safe manner and leave that position in a safe manner.

(C) Transmission (automatic or standard): To determine if the individual has the coordination and ability necessary for reasonable control of the vehicle.

(D) Brakes: To determine the individual's skill and physical ability in the proper usage of the brake(s).

(E) Control of speed: To determine the speed the individual maintains relative to speed limits and other traffic.

(F) Gap selection: To determine whether the individual exercises proper judgment when entering or leaving the roadway, when turning or crossing an intersection, or when changing lanes.

(G) Driver alertness: To determine whether the individual observes and is aware of situations and circumstances which play an important part in safe driving.

(H) Right-of-way: To determine the individual's knowledge of right-of-way and the ability to react properly, and to determine whether an individual shares the road properly with other drivers and pedestrians.

(I) Legal stop: To determine whether the individual observes, understands, and obeys stop signs and traffic signals.

(J) Traffic lights or signs: To determine whether the individual sees, understands, and obeys traffic lights and other signs.

(K) Signals: To determine whether the individual gives the proper signal when driving away from the curb, changing lanes, or turning.

(L) Lane usage: To determine whether the individual has the knowledge and ability to use lanes properly.

(M) Observation: To determine whether the individual observes those things which are necessary for safe driving.

(N) Final Park: To determine the individual's ability to park the vehicle at the conclusion of the skills examination in a manner compatible with safe driving practices and statutory requirements.

(O) Left turn items scored:

(i) Cuts corner on approach.

(ii) Cuts corner on lane entry.

(iii) Turns into the wrong lane (does not affect other traffic).

(iv) Turns from wrong lane (does not affect other traffic).

(v) Turns wheels while stopped, waiting to make turn.

(vi) Too wide on lane entry.

(vii) Fail to signal turn for at least 100 feet before turning.

(viii) Fail to approach turn in the proper lane.

(P) Right turn items scored:

(i) Too wide on approach.

(ii) Too wide on lane entry.

(iii) Turns from wrong lane (does not affect other traffic).

(iv) Turns into wrong lane (does not affect other traffic).

(v) Bumps, scrapes, or climbs curb.

(vii) Fail to signal turn for at least 100 feet before turning.

(viii) Fail to approach turn in the proper lane.

(Q) Passenger vehicles other than school buses or vehicles transporting passengers for hire are not required to stop at a railroad crossing.

(R) Parallel parking: To determine the proficiency an individual has attained in coordinating judgment, skill, and ability to park a vehicle and drive away from a designated area, and to maneuver the vehicle in close quarters.

(4) Disqualifications are as follows:

(A)Seat belt not in use. Applicant fails to use seat belt. The seat belt shall be properly adjusted and fastened before the vehicle enters a public roadway.

(B)Moving traffic violation. Applicant received a traffic citation for a moving violation during the skills examination.

(C)Disobey sign or signal. Applicant ignored or did not obey sign or signal.

(D)Driver speeding. Applicant's speed is more than five (5) miles per hour over the posted speed limit or the lawful speed limit for the vehicle being driven: Provided the speeding is not in a school zone during normal school hours or a construction zone with workers present. There will be no tolerance in a school zone during normal school hours and school is in session or in a construction zone with workers present.

(E)Fail to stop. Applicant rolled through stops or failed to stop.

(F)Traffic laws. Applicant ignored or did not obey traffic laws.

(G)Yield to others. Applicant did not yield to other road users (pedestrians, vehicles, etc.) Applicant did not appropriately yield the right-of-way to pedestrians or other vehicles during driving maneuvers.

(H)Left of center. Applicant drives left of center (except when needed to perform a turn safely or to proceed safely on a direct course).

(I)Avoidable crash or incident or dangerous act.

(i) Applicant involved in an avoidable crash or collision.

(ii) Applicant's vehicle has physical contact with other vehicles, objects, pedestrians, etc.

(iii) Applicant commits any act or omission that creates a dangerous or unsafe traffic environment (near accidents, etc.).

(iv) Applicant's actions cause drivers of other vehicles or pedestrians to take evasive actions.

(v) Applicant's actions force examiner to take verbal or physical control of the vehicle.

(J)Put vehicle over sidewalk or curb. Applicant put vehicle over curbs or sidewalks unnecessarily.

(K)Weighted Offenses. Accumulation of four (4) or more of any of the following offenses, in any combination:

(i) Failure to use turn signal.

(ii) Coasting on a downgrade (gears in neutral or clutch disengaged).

(iii) Consistently goes over speed limit.

(iv) Proceed through intersection on yellow light when applicant could stop without creating a dangerous situation.

(d)Retesting.

(1) Applicants who fail the skills examination for a driver license or the motorcycle endorsement may be granted the opportunity to retest on the next available regular business day as scheduling permits. When an applicant fails to qualify for a Class D license after three (3) skills examination attempts, he or she will be required to obtain a restricted driver license, restricting the individual to operating a motor vehicle while accompanied by a qualified licensed driver in the front seat, before another skills examination will be administered.

(2) Service Oklahoma shall conduct the skills examination for the holder of a restricted Class D driver license not more than three (3) times beginning thirty (30) days from the date of issuance of the restricted license. Should the restricted licensee fail the third examination, the licensee shall wait thirty (30) days before being given another skills examination by Service Oklahoma. The fourth and subsequent examinations shall be given not more than one (1) time every thirty (30) days thereafter at the request of the restricted licensee.

(3) In computing any time period prescribed by this subsection, the day of the failed examination from which the designated period of time begins to run shall not be included. The last day of the period computed shall be included, unless it is not a working day, in which event the period runs until the end of the next working day.

(e)Minimum waiting period for examination. The holder of a restricted driver license will not be eligible to have a skills examination administered until after a minimum of thirty (30) days following the issuance of such license, provided the applicant is at least eighteen (18) years of age. In computing the 30-day time period prescribed by this subsection, the day on which the restricted driver license is issued shall not be included. The last day of the period computed shall be included, unless it is not a working day, in which event the period runs until the end of the next working day.

(f)Substitute for skills examination. A skills examination may be waived for a licensee when one of the following requirements is met:

(1) The licensee is applying for a Class D driver license, provided all established requirements for a Class D license have been satisfied, and the licensee is licensed at the time of application by one of the fifty (50) states, by the District of Columbia, by a Canadian province, or by another country; provided, the current driver examination requirements of the country must be on file with Service Oklahoma and must meet or exceed the standards, specifications, and requirements of Service Oklahoma as set out in this Subchapter [47 O.S. § 6-110(A)(2) ].

(2) The licensee:

(A) has enrolled in and successfully completed a course taught by an instructor certified by the Motorcycle Safety Foundation and using the Motorcycle Safety Foundation curriculum, and

(B) submits to the Department at the time of application for a motorcycle endorsement a completion card prepared by a certified Motorcycle Safety Instructor that shows the individual has successfully completed a Rider Course meeting the requirements of the Motorcycle Safety Foundation and entitling the waiver of the written and skills examination.

Okla. Admin. Code § 260:135-5-42

Transferred from 595:10-3-9 by HB 3419 (2022), eff. 5/19/2022

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