2013 Oklahoma Statutes
Title 47 - Motor Vehicles


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<html> <head> <STYLE type="text/css"> body {padding-left:90pt;width:612pt} p {margin-top:0pt;margin-bottom:0pt} .cls0 {font-size:12pt;font-family:'Courier New', monospace;} .cls2 {margin-left:100pt;} .cls6 {margin-left:136pt;} .cls13 {margin-left:136pt;margin-right:43pt;} .cls14 {margin-left:144pt;margin-right:43pt;} .cls15 {margin-left:14pt;margin-right:330pt;} .cls7 {margin-left:172pt;} .cls8 {margin-left:208pt;} .cls10 {margin-left:222pt;} .cls3 {margin-left:28pt;} .cls18 {margin-left:28pt;margin-right:28pt;} .cls5 {margin-left:29pt;} .cls17 {margin-left:43pt;margin-right:168pt;} .cls12 {margin-left:43pt;margin-right:43pt;} .cls16 {margin-left:4pt;} .cls11 {margin-left:57pt;margin-right:108pt;} .cls19 {margin-left:57pt;margin-right:57pt;} .cls9 {margin-left:64pt;} .cls4 {text-align:center;} .cls1 {text-align:justify;} </STYLE> <title>&sect;47 1 101</title> </head> <body> <p><span class="cls0">&sect;471101. Definition of words and phrases.&nbsp;</span></p> <p><span class="cls0">The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this chapter, except when the context otherwise requires or other definitions are provided. Section captions are a part of this chapter.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471101.1. Ancient vehicle.&nbsp;</span></p> <p><span class="cls0">Ancient vehicle.&nbsp;</span></p> <p><span class="cls0">A motor vehicle owned by a resident of this state, which is thirty (30) years of age or older, based upon the date of manufacture thereof, and which travels on highways of this state primarily incidental to historical or exhibition purposes only.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 305, &sect; 12, emerg. eff. July 24, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;471102. Arterial street.&nbsp;</span></p> <p><span class="cls0">Any U.S. or statenumbered route, controlledaccess highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 315, &sect; 1102. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-103. Authorized emergency vehicles - Equipment.&nbsp;</span></p> <p><span class="cls0">A. When equipped as prescribed in subsection B of this section:&nbsp;</span></p> <p><span class="cls0">1. Vehicles of fire departments;&nbsp;</span></p> <p><span class="cls0">2. Ambulances or vehicles specified pursuant to subsection B of Section 1-2512 of Title 63 of the Oklahoma Statutes of licensed ambulance service providers;&nbsp;</span></p> <p><span class="cls0">3. State vehicles of law enforcement agencies;&nbsp;</span></p> <p><span class="cls0">4. County vehicles of sheriffs and full-time commissioned deputies and vehicles designated by the sheriff for support of the sheriff&rsquo;s office including privately owned vehicles driven by the sheriff and full-time, part-time and reserve commissioned deputies; provided the audible sirens and flashing red lights equipped on such privately owned vehicles are used only in a law enforcement capacity and in the course of duty;&nbsp;</span></p> <p><span class="cls0">5. Municipal vehicles of police departments;&nbsp;</span></p> <p><span class="cls0">6. Vehicles owned and operated by the United States Marshals Service or the Federal Bureau of Investigation;&nbsp;</span></p> <p><span class="cls0">7. Vehicles of Oklahoma National Guard units designated by the Adjutant General for support to civil authorities; or&nbsp;</span></p> <p><span class="cls0">8. Vehicles owned and operated by any local organization for emergency management as defined by Section 683.3 of Title 63 of the Oklahoma Statutes, &nbsp;</span></p> <p><span class="cls0">are authorized emergency vehicles.&nbsp;</span></p> <p><span class="cls0">B. All vehicles prescribed in subsection A of this section shall be equipped with sirens capable of giving audible signals as required by the provisions of Section 12-218 of this title and flashing red lights as authorized by the provisions of Section 12-218 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 315, &sect; 1-103, eff. Sept. 1, 1961. Amended by Laws 1976, c. 284, &sect; 1, emerg. eff. June 17, 1976; Laws 1983, c. 220, &sect; 1, eff. Nov. 1, 1983; Laws 1984, c. 29, &sect; 1, eff. Nov. 1, 1984; Laws 1987, c. 74, &sect; 1, eff. Nov. 1, 1987; Laws 1991, c. 167, &sect; 1, eff. July 1, 1991; Laws 2003, c. 329, &sect; 58, emerg. eff. May 29, 2003; Laws 2005, c. 190, &sect; 6, eff. Sept. 1, 2005; Laws 2007, c. 120, &sect; 2, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471103.1. Automobile.&nbsp;</span></p> <p><span class="cls0">Automobile.&nbsp;</span></p> <p><span class="cls0">Every motor vehicle of the type constructed and used for the transportation of persons for purposes other than for hire or compensation. This shall include all vehicles of the station wagon type whether the same are called station wagons, or ranch wagons, van wagons, except those used for commercial purposes, suburbans, town and country, or by any other name, except when owned and used as a school bus or motor bus by a school district or a religious corporation or society as elsewhere provided by law.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 305, &sect; 13, emerg. eff. July 24, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-104. Bicycle, electric-assisted bicycle, and motorized bicycle.&nbsp;</span></p> <p><span class="cls0">A. A bicycle is a device upon which any person or persons may ride, propelled solely by human power through a belt, chain, or gears, and having two or more wheels, excluding mopeds.&nbsp;</span></p> <p><span class="cls0">B. An electric-assisted bicycle is any bicycle with:&nbsp;</span></p> <p><span class="cls0">1. Two or three wheels; and&nbsp;</span></p> <p><span class="cls0">2. Fully operative pedals for human propulsion and equipped with an electric motor:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;with a power output not to exceed one thousand (1,000) watts,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;incapable of propelling the device at a speed of more than thirty (30) miles per hour on level ground, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;incapable of further increasing the speed of the device when human power alone is used to propel the device at a speed of thirty (30) miles per hour or more.&nbsp;</span></p> <p><span class="cls0">An electric-assisted bicycle shall meet the requirements of the Federal Motor Vehicle Safety Standards as set forth in federal regulations and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied.&nbsp;</span></p> <p class="cls3"><span class="cls0">C. A motorized bicycle is any bicycle having:&nbsp;</span></p> <p class="cls3"><span class="cls0">1. Fully operative pedals for propulsion by human power;&nbsp;</span></p> <p><span class="cls0">2. A power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged; and&nbsp;</span></p> <p><span class="cls0">3. A combustion engine with a piston or rotor displacement of eighty (80 cu cm) cubic centimeters or less, regardless of the number of chambers in the engine, which is capable of propelling the bicycle at a maximum design speed of not more than thirty-five (35) miles per hour on level ground.&nbsp;</span></p> <p><span class="cls0">D. As used in this title, the term "bicycle" shall include tricycles, quadcycles, or similar human-powered devices, electric-assisted bicycles, and motorized bicycles unless otherwise specifically indicated.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 315, &sect; 1-104, eff. Sept. 1, 1961. Amended by Laws 2003, c. 411, &sect; 1, eff. Nov. 1, 2003; Laws 2004, c. 521, &sect; 1, eff. Nov. 1, 2004; Laws 2006, c. 173, &sect; 1, eff. July 1, 2006; Laws 2007, c. 330, &sect; 1; Laws 2012, c. 319, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;471105. Bus.&nbsp;</span></p> <p><span class="cls0">Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 316, &sect; 1105. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-105.1. Church bus.&nbsp;</span></p> <p><span class="cls0">Church bus.&nbsp;</span></p> <p><span class="cls0">A &ldquo;church bus&rdquo; is any bus operated by a nonprofit religious organization which transports persons including school-age children to and from religious activities.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 411, &sect; 2, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471106. Business district.&nbsp;</span></p> <p><span class="cls0">The territory contiguous to and including a highway when within any six hundred (600) feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations and public buildings which occupy at least three hundred (300) feet of frontage on one side or three hundred (300) feet collectively on both sides of the highway.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 316, &sect; 1106. &nbsp;</span></p> <p><span class="cls0">&sect;471107. Cancellation of driver's license.&nbsp;</span></p> <p><span class="cls0">The annulment or termination by formal action of the Department of a person's driver's license because of some error or defect in the license or because the licensee is no longer entitled to such license, but the cancellation of a license is without prejudice and application for a new license may be made at any time after such cancellation.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 316, &sect; 1107. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-107.1. Class A commercial motor vehicle.&nbsp;</span></p> <p><span class="cls0">Class A Commercial Motor Vehicle.&nbsp;</span></p> <p><span class="cls0">Any combination of vehicles, except a Class D motor vehicle, with a gross combined weight rating of twentysix thousand one (26,001) or more pounds provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand (10,000) pounds.&nbsp;</span></p> <p><span class="cls0">Added by laws 1990, c. 219, &sect; 1, eff. Jan 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-107.2. Class B commercial motor vehicle.&nbsp;</span></p> <p><span class="cls0">Class B Commercial Motor Vehicle.&nbsp;</span></p> <p><span class="cls0">Any single vehicle, except a Class D motor vehicle, with a gross vehicle weight rating of twentysix thousand one (26,001) or more pounds, or any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds gross vehicle weight rating. This class shall apply to a bus with a gross vehicle weight rating of twentysix thousand one (26,001) or more pounds and designed to transport sixteen or more persons, including the driver.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 219, &sect; 2, eff. Jan. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-107.3. Class C commercial motor vehicle.&nbsp;</span></p> <p><span class="cls0">Class C Commercial Motor Vehicle.&nbsp;</span></p> <p><span class="cls0">Any single vehicle or combination of vehicles, other than a Class A or Class B vehicle as defined in this title, which is:&nbsp;</span></p> <p><span class="cls0">1. Required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F; or&nbsp;</span></p> <p><span class="cls0">2. Designed by the manufacturer to transport sixteen or more persons, including the driver.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 219, &sect; 3, eff. Jan. 1, 1991. Amended by Laws 1992, c. 217, &sect; 1, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-107.4. Class D motor vehicle.&nbsp;</span></p> <p class="cls4"><span class="cls0">CLASS D MOTOR VEHICLE&nbsp;</span></p> <p><span class="cls0">A. A Class D motor vehicle is any motor vehicle or combination of vehicles which:&nbsp;</span></p> <p><span class="cls0">1. Regardless of weight:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;is marked and used as an authorized emergency vehicle, as defined in Section 1-103 of this title, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;is designed and used solely as a recreational vehicle;&nbsp;</span></p> <p><span class="cls0">2. Is a single or combination vehicle with a gross combined weight rating of less than twenty-six thousand one (26,001) pounds; &nbsp;</span></p> <p><span class="cls0">3. Is a single or combination farm vehicle with a gross combined weight rating of more than twenty-six thousand one (26,001) pounds if:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;it is entitled to be registered with a farm tag and has a farm tag attached thereto,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;it is controlled and operated by a farmer, his or her family or employees,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;it is used to transport either agricultural products, farm machinery, farm supplies or any combination of those materials to or from a farm,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;it is not used in the operations of a common or contract motor carrier, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;it is used within one hundred fifty (150) air miles of the person's farm or as otherwise provided by federal law; or&nbsp;</span></p> <p><span class="cls0">4. Is operated by a licensed driver employed by a unit of local government that operates a commercial motor vehicle within the boundaries of that unit of local government for the purpose of removing snow or ice from a roadway by plowing, sanding or salting, if:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the properly licensed employee who ordinarily operates a commercial vehicle for these purposes is unable to operate the vehicle, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the employing governmental entity determines that a snow or ice emergency requires additional assistance.&nbsp;</span></p> <p><span class="cls0">B. A Class D Motor Vehicle shall not include any vehicle which is:&nbsp;</span></p> <p><span class="cls0">1. Designed to carry sixteen or more passengers, including the driver; or&nbsp;</span></p> <p><span class="cls0">2. Required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F; provided, a farm vehicle, as defined in paragraph 3 of subsection A of this section, which is required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F, shall be considered to be a Class D motor vehicle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 219, &sect; 4, eff. Jan. 1, 1991. Amended by Laws 1991, c. 162, &sect; 1, emerg. eff. May 7, 1991; Laws 1991, c. 335, &sect; 12, emerg. eff. June 15, 1991; Laws 1997, c. 193, &sect; 5, eff. Nov. 1, 1997; Laws 2002, c. 397, &sect; 3, eff. Nov. 1, 2002; Laws 2009, c. 388, &sect; 1, eff. Nov. 1, 2009; Laws 2010, c. 228, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1991, c. 63, &sect; 1 repealed by Laws 1991, c. 335, &sect; 37, emerg. eff. June 15, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-108. Commercial operator or driver.&nbsp;</span></p> <p><span class="cls0">Commercial Operator or Driver.&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;Every person who operates, drives or is in actual physical control of a Class A, B or C commercial motor vehicle, as defined in Sections 1-107.1, 1-107.2 and 1-107.3 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 316, &sect; 1-108, eff. Sept. 1, 1961. Amended by Laws 1969, c. 123, &sect; 1, emerg. eff. April 3, 1969; Laws 1995, c. 23, &sect; 1, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471109. Commissioner.&nbsp;</span></p> <p><span class="cls0">The Commissioner of the Department of Public Safety of the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 316, &sect; 1109. &nbsp;</span></p> <p><span class="cls0">&sect;471110. Controlled Access highway.&nbsp;</span></p> <p><span class="cls0">Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 316, &sect; 1110. &nbsp;</span></p> <p><span class="cls0">&sect;471111. Cross walk.&nbsp;</span></p> <p><span class="cls0">(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway;&nbsp;</span></p> <p><span class="cls0">(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 316, &sect; 1111. &nbsp;</span></p> <p><span class="cls0">&sect;471112. Dealer.&nbsp;</span></p> <p><span class="cls0">Every person engaged in the business of buying, selling or exchanging vehicles of a type to be registered hereunder and who has an established place of business for such purpose in this state.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 316, &sect; 1112. &nbsp;</span></p> <p><span class="cls0">&sect;471113. Department.&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety of this state, acting directly or through its duly authorized officers and agents.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 316, &sect; 1113. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-114. Driver and driver license.&nbsp;</span></p> <p><span class="cls0">A. "Driver" means any person who drives, operates or is in actual physical control of a vehicle.&nbsp;</span></p> <p><span class="cls0">B. "Driver license" means a document issued by the Department of Public Safety or the driver licensing agency of another state or country which grants to the person named thereon the privilege to drive, operate or be in actual physical control of a motor vehicle. The term shall include an intermediate Class D driver license, a learner permit and commercial learner permit.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 316, &sect; 1-114. Amended by Laws 2013, c. 259, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-1-114A. Electric personal assistive mobility device.&nbsp;</span></p> <p><span class="cls0">Electric Personal Assistive Mobility Device.&nbsp;</span></p> <p><span class="cls0">&ldquo;Electric personal assistive mobility device&rdquo; means a self-balancing, two nontandem-wheeled device, designed to transport only one person, having an electric propulsion system with an average of seven hundred fifty (750) watts (1 h.p.), and a maximum speed of less than twenty (20) miles per hour on a paved level surface when powered solely by such a propulsion system while ridden by an operator who weighs one hundred seventy (170) pounds.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 58, &sect; 1, emerg. eff. April 11, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-115. Repealed by Laws 2001, c. 131, &sect; 19, eff. July 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;471116. Established place of business.&nbsp;</span></p> <p><span class="cls0">The place actually occupied either continuously or at regular periods by a dealer or manufacturer where his books and records are kept and a large share of his business is transacted.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 316, &sect; 1116. &nbsp;</span></p> <p><span class="cls0">&sect;471117. Explosives.&nbsp;</span></p> <p><span class="cls0">Explosives shall have the same meaning as defined in 49 C.F.R., Part 173.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 316, &sect; 1117, eff. Sept. 1, 1961. Amended by Laws 1992, c. 192, &sect; 5, emerg. eff. May 11, 1992; Laws 2004, c. 390, &sect; 2, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;471118. Farm tractor.&nbsp;</span></p> <p><span class="cls0">Every motor vehicle designed and used primarily as a farm implement, for drawing plows, mowing machines and other implements of husbandry.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Laws 1961, p. 317, &sect; 1118. d&nbsp;</span></p> <p><span class="cls0">&sect;471119. Flammable substance.&nbsp;</span></p> <p><span class="cls0">Flammable substance shall include any liquid, gas, or other material as defined in 49 C.F.R., Part 173.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 317, &sect; 1119, eff. Sept. 1, 1961. Amended by Laws 2004, c. 390, &sect; 3, eff. July 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-120. Repealed by Laws 2001, c. 131, &sect; 19, eff. July 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;47-1-120.1. Gross combination weight rating (GCWR).&nbsp;</span></p> <p><span class="cls0">Gross Combination Weight Rating (GCWR).&nbsp;</span></p> <p><span class="cls0">The value specified by the manufacturer as the loaded weight of a combination or articulated vehicle. In the absence of a value specified by the manufacturer, the gross combination weight rating shall be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit and any load thereon.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 219, &sect; 5, eff. Jan. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-121. Gross vehicle weight rating (GVWR).&nbsp;</span></p> <p><span class="cls0">Gross Vehicle Weight Rating (GVWR).&nbsp;</span></p> <p><span class="cls0">The gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the loaded weight of a single vehicle.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1990, c. 219, &sect; 6, eff. Jan. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471122. Highway.&nbsp;</span></p> <p><span class="cls0">The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 317, &sect; 1122. &nbsp;</span></p> <p><span class="cls0">&sect;471123. Manufactured home.&nbsp;</span></p> <p><span class="cls0">"Manufactured home" means and includes every vehicle defined as a manufactured home in paragraph 14 of Section 1102 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 317, &sect; 1123, eff. Sept. 1, 1961. Amended by Laws 1981, c. 118, &sect; 4; Laws 2005, c. 50, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;471124. Identifying number.&nbsp;</span></p> <p><span class="cls0">The numbers, and letters if any, on a vehicle designated by the Oklahoma Tax Commission for the purpose of identifying the vehicle.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 317, &sect; 1124. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-125. Implement of husbandry.&nbsp;</span></p> <p><span class="cls0">Implement of Husbandry. Every device, whether it is self-propelled, designed and adapted so as to be used exclusively for agricultural, horticultural or livestock-raising operations or for lifting or carrying an implement of husbandry and, in either case, not subject to registration if operated upon the highways.&nbsp;</span></p> <p><span class="cls0">1. Farm wagon type tank trailers of not over one thousand two hundred (1,200) gallons capacity, used during the liquid fertilizer season as field storage "nurse tanks" supplying the fertilizer to a field applicator and moved on highways only for bringing the fertilizer from a local source of supply to farms or field or from one farm or field to another, shall be considered implements of husbandry for purposes of this title.&nbsp;</span></p> <p><span class="cls0">2. Trailers or semitrailers owned by a person engaged in the business of farming and used exclusively for the purpose of transporting farm products to market or for the purpose of transporting to the farm material or things to be used thereon shall also be considered implements of husbandry for purposes of this title. Provided, no truck or semitrailer with an axle weight of twenty thousand (20,000) pounds or more, which is used to haul manure and operated on the public roads or highways of this state shall be considered an implement of husbandry for the purposes of this title.&nbsp;</span></p> <p><span class="cls0">3. Utility-type, all-terrain vehicles with a maximum curb weight of one thousand five hundred (1,500) pounds which are equipped with metal front or rear carrying racks when used for agricultural, horticultural or livestock-raising operations shall be considered implements of husbandry for purposes of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 317, &sect; 1-125, eff. Sept. 1, 1961. Amended by Laws 1970, c. 163, &sect; 1, emerg. eff. April 9, 1970; Laws 1993, c. 211, &sect; 1, eff. Sept. 1, 1993; Laws 1995, c. 27, &sect; 1, eff. July 1, 1995; Laws 2001, c. 112, &sect; 1, emerg. eff. April 18, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;471126. Intersection.&nbsp;</span></p> <p><span class="cls0">(a) The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.&nbsp;</span></p> <p><span class="cls0">(b) Where a highway includes two roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection. In the event such intersecting highway also includes two roadways thirty feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 317, &sect; 1126. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-127. Repealed by Laws 2001, c. 131, &sect; 19, eff. July 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;47-1-128. License to operate a motor vehicle.&nbsp;</span></p> <p><span class="cls0">License to operate a motor vehicle.&nbsp;</span></p> <p><span class="cls0">A. Any valid driver license or permit to operate a motor vehicle issued under the laws of this state including any temporary license or instruction permit, the lawful possession of which by a resident of this state shall be evidence that the resident has been granted the privilege to operate a motor vehicle.&nbsp;</span></p> <p><span class="cls0">B. Any nonresident's operating privilege as defined in Section 1-138 of this title, which is evidenced by the lawful possession of a valid driver license or permit to operate a motor vehicle issued under the laws of another state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 317, &sect; 1-128, eff. Sept. 1, 1961. Amended by Laws 1995, c. 23, &sect; 2, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471129. Lienholder.&nbsp;</span></p> <p><span class="cls0">A person holding a security interest in a vehicle.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1129. &nbsp;</span></p> <p><span class="cls0">&sect;471130. Local authorities.&nbsp;</span></p> <p><span class="cls0">Every county, municipal and other local board or body having authority to enact laws relating to traffic under the Constitution and laws of this state.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1130. &nbsp;</span></p> <p><span class="cls0">&sect;471131. Mail.&nbsp;</span></p> <p><span class="cls0">To deposit in the United States mails properly addressed and with postage prepaid.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1131. &nbsp;</span></p> <p><span class="cls0">&sect;471132. Manufacturer.&nbsp;</span></p> <p><span class="cls0">Every person engaged in the business of constructing or assembling vehicles of a type required to be registered hereunder at an established place of business in this state.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1132. &nbsp;</span></p> <p><span class="cls0">&sect;471133. Metal tire.&nbsp;</span></p> <p><span class="cls0">Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard, nonresilient material.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1133. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-133.1. Repealed by Laws 2004, c. 521, &sect; 20, eff. Nov. 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;47-1-133.2. Moped.&nbsp;</span></p> <p><span class="cls0">Moped.&nbsp;</span></p> <p><span class="cls0">A &ldquo;moped&rdquo; is any motor-driven cycle with a motor which produces not to exceed two brake horsepower and which is not capable of propelling the vehicle at a speed in excess of thirty (30) miles per hour on level ground. If an internal combustion engine is used, the displacement shall not exceed fifty (50) cubic centimeters, and the moped shall have a power drive system that functions directly or automatically without clutching or shifting by the operator after the drive system is engaged.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 411, &sect; 4, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-133.3. Motorized scooter.&nbsp;</span></p> <p><span class="cls0">Motorized scooter.&nbsp;</span></p> <p><span class="cls0">A. A &ldquo;motorized scooter&rdquo; is any vehicle having:&nbsp;</span></p> <p class="cls5"><span class="cls0">1. Not more than three wheels in contact with the ground;&nbsp;</span></p> <p><span class="cls0">2. Handlebars and a foot support or seat for the use of the operator;&nbsp;</span></p> <p><span class="cls0">3. A power source that is capable of propelling the vehicle at a maximum design speed of not more than twenty-five (25) miles per hour on level ground, and:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;if the power source is a combustion engine, has a piston or rotor displacement of thirty-five cubic centimeters (35 cu cm) or less regardless of the number of chambers in the power source,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;if the power source is electric, has a power output of not more than one thousand (1,000) watts.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, an electric personal assistive mobility device, as defined in Section 1-114A of this title, bicycle, electric-assisted bicycle, or motorized bicycle, as defined in Section 1-104 of this title, shall not be considered a motorized scooter.&nbsp;</span></p> <p><span class="cls0">C. A motorized scooter shall not be required to be registered under the laws of this state. The operator of a motorized scooter shall not be required to possess a driver license or to comply with the vehicle insurance or financial responsibility laws of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 411, &sect; 5, eff. Nov. 1, 2003. Amended by Laws 2004, c. 521, &sect; 2, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-134. Motor vehicle.&nbsp;</span></p> <p><span class="cls0">Motor vehicle.&nbsp;</span></p> <p><span class="cls0">A. A motor vehicle is:&nbsp;</span></p> <p><span class="cls0">1. Any vehicle which is self-propelled; or&nbsp;</span></p> <p><span class="cls0">2. Any vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.&nbsp;</span></p> <p><span class="cls0">B. As used in this title, the term "motor vehicle" shall not include:&nbsp;</span></p> <p><span class="cls0">1. Implements of husbandry, as defined in Section 1-125 of this title;&nbsp;</span></p> <p><span class="cls0">2. Electric personal assistive mobility devices as defined in Section 1-114A of this title;&nbsp;</span></p> <p><span class="cls0">3. Motorized wheelchairs, as defined in Section 1-136.3 of this title; or&nbsp;</span></p> <p><span class="cls0">4. Vehicles moved solely by human or animal power.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 318, &sect; 1-134, eff. Sept. 1, 1961. Amended by Laws 1978, c. 304, &sect; 1; Laws 1981, c. 103, &sect; 1; Laws 2002, c. 58, &sect; 2, emerg. eff. April 11, 2002; Laws 2003, c. 411, &sect; 6, eff. Nov. 1, 2003; Laws 2005, c. 50, &sect; 2, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-134.1. Low-speed electrical vehicle.&nbsp;</span></p> <p><span class="cls0">"Low-speed electrical vehicle" means any four-wheeled electrical vehicle that is powered by an electric motor that draws current from rechargeable storage batteries or other sources of electrical current and whose top speed is greater than twenty (20) miles per hour but not greater than twenty-five (25) miles per hour and is manufactured in compliance with the National Highway Traffic Safety Administration standards for low-speed vehicles in 49 C.F.R. 571.500.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 243, &sect; 1, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-135. Motorcycle.&nbsp;</span></p> <p><span class="cls0">Motorcycle.&nbsp;</span></p> <p><span class="cls0">A motorcycle is any motor vehicle having:&nbsp;</span></p> <p><span class="cls0">1. A seat or saddle for the use of each rider;&nbsp;</span></p> <p><span class="cls0">2. Not more than three wheels in contact with the ground, but excluding a tractor; and&nbsp;</span></p> <p><span class="cls0">3. A combustion engine with a piston or rotor displacement of one hundred fifty cubic centimeters (150 cu cm) or greater.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 318, &sect; 1135, eff. Sept. 1, 1961. Amended by Laws 1978, c. 304, &sect; 2; Laws 2004, c. 521, &sect; 3, eff. Nov. 1, 2004; Laws 2010, c. 228, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-1-136. Motor-driven cycle.&nbsp;</span></p> <p><span class="cls0">Motor-driven cycle.&nbsp;</span></p> <p><span class="cls0">A motor-driven cycle is any motor vehicle having:&nbsp;</span></p> <p><span class="cls0">1. A power source that:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;if the power source is a combustion engine, has a piston or rotor displacement of greater than thirty-five cubic centimeters (35 cu cm) but less than one hundred fifty cubic centimeters (150 cu cm) regardless of the number of chambers in the power source,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;if the power source is electric, has a power output of greater than one thousand (1,000) watts; and &nbsp;</span></p> <p><span class="cls0">2. A seat or saddle for the use of each rider; and&nbsp;</span></p> <p><span class="cls0">3. Not more than three wheels in contact with the ground.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 318, &sect; 1-136, eff. Sept. 1, 1961. Amended by Laws 1978, c. 304, &sect; 3; Laws 1981, c. 103, &sect; 2; Laws 1985, c. 305, &sect; 10, emerg. eff. July 24, 1985; Laws 2003, c. 411, &sect; 7, eff. Nov. 1, 2003; Laws 2004, c. 521, &sect; 4, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-1-136.1. Repealed by Laws 2005, c. 394, &sect; 19, emerg. eff. June 6, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-1-136.2. Repealed by Laws 2004, c. 521, &sect; 21, eff. Nov. 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;47-1-136.3. Motorized wheelchair.&nbsp;</span></p> <p><span class="cls0">Motorized wheelchair.&nbsp;</span></p> <p><span class="cls0">A motorized wheelchair is any selfpropelled vehicle, designed for and used by a person with a disability, that is incapable of a speed in excess of eight (8) miles per hour.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 411, &sect; 8, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471137. Nonresident.&nbsp;</span></p> <p><span class="cls0">Every person who is not a resident of this state.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1137. &nbsp;</span></p> <p><span class="cls0">&sect;471138. Nonresident's operating privilege.&nbsp;</span></p> <p><span class="cls0">The privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person, in this state.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1138. &nbsp;</span></p> <p><span class="cls0">&sect;471139. Official traffic Control devices.&nbsp;</span></p> <p><span class="cls0">All signs, barricades, signals, markings and devices not inconsistent with this act placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1139. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-140. Operator or driver.&nbsp;</span></p> <p><span class="cls0">Operator or Driver.&nbsp;</span></p> <p><span class="cls0">Every person, including a commercial operator or driver, as defined in Section 1-108 of this title, who operates, drives or is in actual physical control of a motor vehicle or who is exercising control over or steering a vehicle being towed by a motor vehicle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 318, &sect; 1-140, eff. Sept. 1, 1961. Amended by Laws 1995, c. 23, &sect; 3, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-140.1. &ldquo;Other intoxicating substance&rdquo; defined.&nbsp;</span></p> <p><span class="cls0">For purposes of this title, &ldquo;other intoxicating substance&rdquo; means any controlled dangerous substance, as defined in the Uniform Controlled Dangerous Substances Act, Section 2-101 et seq. of Title 63 of the Oklahoma Statutes, or any other substance, other than alcohol, which is capable of being ingested, inhaled, injected, or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing, or other sensory or motor function.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 106, &sect; 1 emerg. eff. April 19, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471141. Owner.&nbsp;</span></p> <p><span class="cls0">A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with a right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Code.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1141. &nbsp;</span></p> <p><span class="cls0">&sect;471142. Park, parking, and public parking lot.&nbsp;</span></p> <p><span class="cls0">(a) Park or parking means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.&nbsp;</span></p> <p><span class="cls0">(b) A public parking lot is any parking lot on rightofway dedicated to public use or owned by the state or a political subdivision thereof.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1142; Laws 1968, c. 148, &sect; 1, emerg. eff. April 9, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;471143. Pedestrian.&nbsp;</span></p> <p><span class="cls0">Any person afoot.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1143. &nbsp;</span></p> <p><span class="cls0">&sect;471144. Person.&nbsp;</span></p> <p><span class="cls0">Every natural person, firm, copartnership, association or corporation.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 318, &sect; 1144. &nbsp;</span></p> <p><span class="cls0">&sect;471145. Pneumatic tire.&nbsp;</span></p> <p><span class="cls0">Every tire in which compressed air is designed to support the load.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 319, &sect; 1145. &nbsp;</span></p> <p><span class="cls0">&sect;471146. Pole trailer.&nbsp;</span></p> <p><span class="cls0">Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 319, &sect; 1146. &nbsp;</span></p> <p><span class="cls0">&sect;471147. Police officer.&nbsp;</span></p> <p><span class="cls0">Every sheriff, constable, policeman, highway patrolman, and any other officer who is authorized to direct or regulate traffic or make arrests for violations of state traffic laws and municipal ordinances.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 319, &sect; 1147. &nbsp;</span></p> <p><span class="cls0">&sect;471148. Private road or driveway.&nbsp;</span></p> <p><span class="cls0">Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 319, &sect; 1148. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-149. Railroad.&nbsp;</span></p> <p><span class="cls0">Railroad.&nbsp;</span></p> <p><span class="cls0">A carrier of persons or property upon cars operated upon stationary rails.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 319, &sect; 1-149. Amended by Laws 2001, c. 131, &sect; 1, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;471150. Railroad sign or signal.&nbsp;</span></p> <p><span class="cls0">Any sign, signal or device erected by authority of a public body or official or by a railroad and intended to give notice of the presence of railroad tracks or the approach of a railroad train.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 319, &sect; 1150. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-151. Railroad train.&nbsp;</span></p> <p><span class="cls0">Railroad train.&nbsp;</span></p> <p><span class="cls0">A steam engine, diesel, electric or other motor, with or without cars coupled thereto, operated upon rails.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 319, &sect; 1-151. Amended by Laws 2001, c. 131, &sect; 2, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-1-152. Repealed by Laws 2001, c. 131, &sect; 19, eff. July 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;47-1-152.1. Recreational vehicle.&nbsp;</span></p> <p><span class="cls0">Recreational Vehicle.&nbsp;</span></p> <p><span class="cls0">For the sole purpose of the classification of vehicles as provided in Sections 1-107.1 through 1-107.4 of this title, a recreational vehicle shall be deemed to be a Class D motor vehicle, provided such vehicle is a self-propelled or towed vehicle that is equipped to serve as temporary living quarters for recreational, camping or travel purposes and is used solely as a family or personal conveyance.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 219, &sect; 7, eff. June 1, 1990. Amended by Laws 1995, c. 23, &sect; 4, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471153. Registration.&nbsp;</span></p> <p><span class="cls0">The registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 319, &sect; 1153. &nbsp;</span></p> <p><span class="cls0">&sect;471154. Residence district.&nbsp;</span></p> <p><span class="cls0">The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred (300) feet or more is in the main improved with residences or residences and buildings in use for business.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 319, &sect; 1154. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-155. Revocation of driving privilege.&nbsp;</span></p> <p><span class="cls0">The termination by formal action of the Department of a person's privilege to operate a motor vehicle on the public highways. Such action shall include the requirement of the surrender to the Department of said person's driver license.&nbsp;</span></p> <p><span class="cls0">Laws 1961, p. 319, &sect; 1155, eff. Sept. 1, 1961; Laws 1994, c. 218, &sect; 1, eff. April 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471156. Rightofway.&nbsp;</span></p> <p><span class="cls0">The privilege of the immediate use of the roadway.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 319, &sect; 1156. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-157. Repealed by Laws 2001, c. 131, &sect; 19, eff. July 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;471158. Roadway and shoulder.&nbsp;</span></p> <p><span class="cls0">(a) Roadway. That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the shoulder. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.&nbsp;</span></p> <p><span class="cls0">(b) Shoulder. The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 319, &sect; 1158. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-159. Safety zone.&nbsp;</span></p> <p><span class="cls0">The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 319, &sect; 1-159, eff. Sept. 1, 1961.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-1-160. School bus.&nbsp;</span></p> <p><span class="cls0">Every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school, provided, however, that this definition of school bus shall not be extended to include buses normally used in city transit which may be used part time for transportation of school children within such cities during some portion of the day.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 319, &sect; 1-160, eff. Sept. 1, 1961.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-1-161. Security.&nbsp;</span></p> <p><span class="cls0">Cash, certificates of deposit issued by financial institutions located within the state, or corporate security bond deposited with the Commissioner of Public Safety to secure payment of a judgment or judgments arising out of a motor vehicle accident which occurred prior to the demand for posting of security.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 320, &sect; 1-161, eff. Sept. 1, 1961. Amended by Laws 1998, c. 85, &sect; 1, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471162. Semitrailer.&nbsp;</span></p> <p><span class="cls0">Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 320, &sect; 1162. &nbsp;</span></p> <p><span class="cls0">&sect;471163. Sidewalk.&nbsp;</span></p> <p><span class="cls0">That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 320, &sect; 1163. &nbsp;</span></p> <p><span class="cls0">&sect;471164. Solid tire.&nbsp;</span></p> <p><span class="cls0">Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 320, &sect; 1164. &nbsp;</span></p> <p><span class="cls0">&sect;471165. Special mobilized machinery.&nbsp;</span></p> <p><span class="cls0">Special purpose machines, either selfpropelled or drawn as trailers or semitrailers, which derive no revenue from the transportation of persons or property, whose use of the highways is only incidental, and whose useful revenue producing service is performed at destinations in an area away from the traveled surface of an established open highway, and which carry no load other than their own weight, which cannot be divided for all practical purposes. This definition shall include a truck or truck tractor when used while drawing special mobilized machinery but this shall not be construed as exempting from license and registration the pulling unit truck or truck tractor as required by the motor vehicle license and registration.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 320, &sect; 1165; Laws 1970, c. 61, &sect; 1, emerg. eff. March 16, 1970. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-166. Repealed by Laws 2001, c. 131, &sect; 19, eff. July 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;471167. Stand or standing.&nbsp;</span></p> <p><span class="cls0">Means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 320, &sect; 1167. &nbsp;</span></p> <p><span class="cls0">&sect;471168. State.&nbsp;</span></p> <p><span class="cls0">A state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 320, &sect; 1168. &nbsp;</span></p> <p><span class="cls0">&sect;471169. Stop.&nbsp;</span></p> <p><span class="cls0">When required means complete cessation from movement.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 320, &sect; 1169. &nbsp;</span></p> <p><span class="cls0">&sect;471170. Stop or stopping.&nbsp;</span></p> <p><span class="cls0">When prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a trafficcontrol sign or signal.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 320, &sect; 1170. &nbsp;</span></p> <p><span class="cls0">&sect;471171. Street.&nbsp;</span></p> <p><span class="cls0">The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 320, &sect; 1171. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-172. Repealed by Laws 2001, c. 131, &sect; 19, eff. July 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;47-1-173. Suspension of driving privilege.&nbsp;</span></p> <p><span class="cls0">The temporary withdrawal by formal action of the Department of a person's privilege to operate a motor vehicle on the public highways. Such action shall include the requirement of the surrender to the Department of said person's driver license.&nbsp;</span></p> <p><span class="cls0">Laws 1961, p. 320, &sect; 1173, eff. Sept. 1, 1961; Laws 1994, c. 218, &sect; 2, eff. April 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-1-173.1. Tank vehicle.&nbsp;</span></p> <p><span class="cls0">Tank Vehicle.&nbsp;</span></p> <p><span class="cls0">Any commercial motor vehicle designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than one hundred nineteen (119) gallons and an aggregate rated capacity of one thousand (1,000) or more gallons that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of one thousand (1,000) or more gallons that is temporarily attached to a flatbed trailer is not considered a tank vehicle. Such vehicles include but are not limited to cargo tanks and portable tanks as defined by 49 C.F.R., Part 171; provided, a commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of one thousand (1,000) or more gallons that is temporarily attached to a flatbed trailer is not considered a tank vehicle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 219, &sect; 8, eff. Jan. 1, 1991. Amended by Laws 1992, c. 217, &sect; 2, eff. July 1, 1992; Laws 2012, c. 207, &sect; 1, emerg. eff. May 8, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;471174. Taxicab.&nbsp;</span></p> <p><span class="cls0">Taxicab shall mean and include any motor vehicle for hire, designed to carry ten persons or less, operated upon any street or highway, or on call or demand, accepting or soliciting passengers indiscriminately for transportation for hire between such points along streets or highways as may be directed by the passenger or passengers so being transported. This classification shall not include:&nbsp;</span></p> <p><span class="cls0">1. Motor vehicles of ten-passenger capacity or less operated by the owner where the cost of operation is shared by fellow workmen between their homes and the place of regular daily employment, when not operated for more than two trips per day;&nbsp;</span></p> <p><span class="cls0">2. Motor vehicles operated by the owner where the cost of operation is shared by the passengers on a "share the expense plan"; or&nbsp;</span></p> <p><span class="cls0">3. Motor vehicles transporting students from the public school system when said motor vehicle is so transporting under contract with public, private, or parochial school board or governing body.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 320, &sect; 1174, eff. Sept. 1, 1961. Amended by Laws 1993, c. 11, &sect; 1, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471175. Through highway.&nbsp;</span></p> <p><span class="cls0">Every highway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield right of way to vehicles on such through highway in obedience to either a stop sign or a yield sign, when such signs are erected as provided in this act.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 321, &sect; 1175. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-176. Repealed by Laws 2001, c. 131, &sect; 19, eff. July 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;47-1-177. Traffic.&nbsp;</span></p> <p><span class="cls0">Traffic.&nbsp;</span></p> <p><span class="cls0">Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together, while using any highway for purposes of travel.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 321, &sect; 1-177. Amended by Laws 2001, c. 131, &sect; 3, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;471178. Traffic control signal.&nbsp;</span></p> <p><span class="cls0">Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 321, &sect; 1178. &nbsp;</span></p> <p><span class="cls0">&sect;471179. Traffic lane.&nbsp;</span></p> <p><span class="cls0">The portion of the traveled way for the movement of a single line of vehicles.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 321, &sect; 1179. &nbsp;</span></p> <p><span class="cls0">&sect;471180. Trailer.&nbsp;</span></p> <p><span class="cls0">Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle, provided however, the definition of trailer herein shall not include implements of husbandry as defined in Section 1125 of this chapter.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 321, &sect; 1180. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-181. Transporter.&nbsp;</span></p> <p><span class="cls0">Transporter.&nbsp;</span></p> <p><span class="cls0">Every person engaged in the business of delivering vehicles of a type required to be registered hereunder from a manufacturing, assembling or distributing plant to dealers or sales agents of a manufacturer or from the place of business of a dealer, sales agent or auto auction to a place of business of the same or another dealer, sales agent or auto auction.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 321, &sect; 1-181. Amended by Laws 1999, c. 125, &sect; 1, emerg. eff. April 26, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-1-181.1. Travel trailer.&nbsp;</span></p> <p><span class="cls0">Travel Trailer.&nbsp;</span></p> <p><span class="cls0">Any vehicular portable structure built on a chassis which is not propelled by its own power but is towed by another vehicle and is used as a temporary dwelling for travel, recreational or vacational use. A travel trailer shall have a body width not exceeding eight (8) feet in travel mode and an overall length not exceeding forty (40) feet, including the hitch or coupling.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 219, &sect; 9, eff. June 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;471182. Truck.&nbsp;</span></p> <p><span class="cls0">Every motor vehicle designed, used or maintained primarily for the transportation of property.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 321, &sect; 1182. &nbsp;</span></p> <p><span class="cls0">&sect;471183. Truck tractor.&nbsp;</span></p> <p><span class="cls0">(a) Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn; and&nbsp;</span></p> <p><span class="cls0">(b) For the purposes of paragraph 3 of subsection (c) of Section 14103 of this title, the term trucktractor shall also include oil field rigup trucks when towing a trailer or semitrailer.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1985, c. 290, &sect; 1, operative July 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-184. Turnpike and turnpike authority.&nbsp;</span></p> <p><span class="cls0">Turnpike and Turnpike Authority.&nbsp;</span></p> <p><span class="cls0">A. The words "Turnpike Authority", &ldquo;Transportation Authority&rdquo;, or "Authority" shall mean the Oklahoma Transportation Authority, created by Section 1703 of Title 69 of the Oklahoma Statutes, or, if the Authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given by this act to the Authority shall be given by law.&nbsp;</span></p> <p><span class="cls0">B. A turnpike is a limited access grade separated expressway financed and operated by the Oklahoma Transportation Authority upon which a toll is charged for the use thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 321, &sect; 1-184. Amended by Laws 2001, c. 131, &sect; 4, eff. July 1, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;471185. Urban district.&nbsp;</span></p> <p><span class="cls0">The territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred (100) feet for a distance of a quarter of a mile or more.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 321, &sect; 1185. &nbsp;</span></p> <p><span class="cls0">&sect;47-1-186. Vehicle.&nbsp;</span></p> <p><span class="cls0">Vehicle.&nbsp;</span></p> <p><span class="cls0">A. A vehicle is any device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.&nbsp;</span></p> <p><span class="cls0">B. As used in this title, the term "vehicle" shall not include:&nbsp;</span></p> <p><span class="cls0">1. Implements of husbandry, as defined in Section 1-125 of this title;&nbsp;</span></p> <p><span class="cls0">2. Electric personal assistive mobility devices, as defined in Section 1-114A of this title; or&nbsp;</span></p> <p><span class="cls0">3. Motorized wheelchairs, as defined in Section 1-136.3 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 321, &sect; 1-186, eff. Sept. 1, 1961. Amended by Laws 2002, c. 58, &sect; 3, emerg. eff. April 11, 2002; Laws 2003, c. 411, &sect; 9, eff. Nov. 1, 2003; Laws 2005, c. 50, &sect; 3, eff. Nov. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-101. Creation of Department of Public Safety and Office of Commissioner of Public Safety - Powers and authority - Chief officer - Services for Governor and Lieutenant Governor.&nbsp;</span></p> <p><span class="cls0">(a) A department of the government of this state to be known as the "Department of Public Safety" is hereby created, and offices for the Department shall be furnished by the Office of Management and Enterprise Services. The Department of Public Safety shall be under the control and supervision of the Commissioner of Public Safety, which office and position is hereby created.&nbsp;</span></p> <p><span class="cls0">The Commissioner shall have such powers and authority as may be granted by the provisions of the Uniform Vehicle Code or as may otherwise be provided by law.&nbsp;</span></p> <p><span class="cls0">(b) The Governor shall be the chief officer of the Department of Public Safety and the Commissioner of Public Safety shall execute the lawful orders of the Governor and shall be responsible to him for the operation and administration of said Department. The Commissioner of Public Safety shall provide personal security and protection, transportation, and communications capabilities for the Governor, the Governor's immediate family, and the Lieutenant Governor. The Commissioner is authorized to provide necessary communications equipment to said persons even if said persons are not on state property or in state vehicles. The Commissioner of Public Safety is hereby authorized to purchase or lease and equip motor vehicles for the use of the Governor and Lieutenant Governor. The purchase or lease price of any such motor vehicles and equipment shall be paid from any appropriation for motor vehicles made to the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 322, &sect; 2-101, eff. Sept. 1, 1961. Amended by Laws 1967, c. 35, &sect; 1, emerge. eff. March 23, 1967; Laws 1983, c. 302, &sect; 1, emerg. eff. June 23, 1983; Laws 1983, c. 304, &sect; 20, eff. July 1, 1983; Laws 1986, c. 19, &sect; 1, emerg. eff. March 17, 1986; Laws 2012, c. 304, &sect; 159. &nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-102. Commissioner of Public Safety - Qualifications - Appointment - Vacancy - Expenses - Bond - Oath.&nbsp;</span></p> <p><span class="cls0">A. 1. The Department shall be under the control of an executive officer to be known as the "Commissioner of Public Safety", who shall be appointed by the Governor with the advice and consent of the Senate.&nbsp;</span></p> <p><span class="cls0">2. The Commissioner of Public Safety shall be a professional law enforcement officer with ten (10) years' experience in the field of law enforcement or with five (5) years' experience in the field of law enforcement and a graduate of a four-year college with a degree in law enforcement administration, law, criminology or a related science.&nbsp;</span></p> <p><span class="cls0">3. Any vacancy in the office of the Commissioner shall be filled in the same manner as the original appointment is made.&nbsp;</span></p> <p><span class="cls0">4. The Commissioner shall be allowed the actual and necessary expenses incurred in the performance of official duties of the Commissioner while away from the office.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner of Public Safety, after appointment and before entering upon the discharge of duties, shall take and subscribe to the oath of office required by the Constitution. Bonding of the Commissioner of Public Safety and other employees of the Department will be provided under the provisions of Section 85.26 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. The Commissioner of Public Safety shall be eligible to participate in either the Oklahoma Public Employees Retirement System or in the Oklahoma Law Enforcement Retirement System and shall make an irrevocable election in writing to participate in one of the two retirement systems.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 322, &sect; 2-102, eff. Sept. 1, 1961. Amended by Laws 1967, c. 20, &sect; 1, emerg. eff. Feb. 23, 1967; Laws 1970, c. 221, &sect; 1, emerg. eff. April 15, 1970; Laws 1973, c. 224, &sect; 1, emerg. eff. May 24, 1973; Laws 1974, c. 291, &sect; 1, operative July 1, 1974; Laws 1975, c. 321, &sect; 1, operative July 1, 1975; Laws 1976, c. 242, &sect; 1, operative July 1, 1976; Laws 1977, c. 249, &sect; 1, operative July 1, 1977; Laws 1978, c. 209, &sect; 1, eff. July 1, 1978; Laws 1978, c. 271, &sect; 1, operative July 1, 1978; Laws 1979, c. 267, &sect; 1, eff. July 1, 1979; Laws 1980, c. 350, &sect; 1, eff. July 1, 1980; Laws 1981, c. 264, &sect; 13, eff. July 1, 1981; Laws 1982, c. 352, &sect; 9, operative July 1, 1982; Laws 1983, c. 286, &sect; 9, operative July 1, 1983; Laws 2002, c. 397, &sect; 4, eff. Nov. 1, 2002; Laws 2003, c. 199, &sect; 5, eff. Nov. 1, 2003; Laws 2005, c. 190, &sect; 7, eff. Sept. 1, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-103. Organization of Department.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner shall organize the Department of Public Safety as prescribed by law and in such manner as may be deemed necessary and proper to segregate and conduct the work of the Department. The Commissioner shall appoint assistants, deputies, officers, investigators and other employees as may be necessary to carry out the provisions of this title.&nbsp;</span></p> <p><span class="cls0">B. Unless otherwise provided by law, salaries and traveling expenses of employees of the Department and the cost of equipment for the Department shall be paid from the appropriations made to the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">C. The Commissioner is authorized to purchase and maintain motor vehicles and other equipment for use by the employees of the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 322, &sect; 2-103, eff. Sept. 1, 1961. Amended by Laws 1965, c. 429, &sect; 1, emerg. eff. July 8, 1965; Laws 1988, c. 98, &sect; 1, operative July 1, 1988; Laws 1998, c. 32, &sect; 1, emerg. eff. April 1, 1998; Laws 1998, c. 245, &sect; 1, July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-104. Commissioner to appoint subordinates - Salaries.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner, subject to the Merit System laws, shall appoint an Assistant Commissioner and such other deputies, subordinates, officers, investigators, and other employees as may be necessary to implement the provisions of this title. Any employee of the Department of Public Safety appointed to the position of Assistant Commissioner shall have a right to return to the previous position of the employee without any loss of rights, privileges or benefits immediately upon completion of the duties as Assistant Commissioner, provided the employee is not otherwise disqualified.&nbsp;</span></p> <p><span class="cls0">B. When traveling with the Governor or at his request:&nbsp;</span></p> <p><span class="cls0">1. Those personnel assigned by the Commissioner for executive security shall be allowed their actual and necessary traveling expenses, upon claims approved by the Commissioner, and shall receive, in addition to base salary, an additional One Hundred Seventy-five Dollars ($175.00) per month; and&nbsp;</span></p> <p><span class="cls0">2. Those personnel serving as noncommissioned pilots in the Department of Public Safety shall be allowed their actual and necessary traveling expenses, upon claims approved by the Commissioner.&nbsp;</span></p> <p><span class="cls0">C. Any person appointed to the position of Assistant Commissioner of Public Safety shall be eligible for retirement participation as a member of the Highway Patrol Division in the Oklahoma Law Enforcement Retirement System if such person at the time of appointment satisfies the age qualifications of an Oklahoma Highway Patrolman as provided in subsection B of Section 2-105 of this title; however, the Assistant Commissioner shall be eligible for participation in only one retirement system and shall elect in writing the system in which he intends to participate.&nbsp;</span></p> <p><span class="cls0">D. The salaries of the employees of the Department of Public Safety, shall be governed by and in accordance with the procedures established by the Office of Management and Enterprise Services, unless otherwise provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 323, &sect; 2-104, eff. Sept. 1, 1961. Amended by Laws 1961, p. 311, &sect; 1; Laws 1965, c. 429, &sect; 2; Laws 1967, c. 349, &sect; 1, emerg. eff. May 18, 1967; Laws 1969, c. 284, &sect; 1, emerg. eff. April 25, 1969; Laws 1970, c. 244, &sect; 1, eff. July 1, 1970; Laws 1971, c. 354, &sect; 1, operative July 1, 1971; Laws 1972, c. 234, &sect; 1, operative July 1, 1972; Laws 1973, c. 224, &sect; 2, emerg. eff. May 24, 1973; Laws 1974, c. 291, &sect; 2, operative July 1, 1974; Laws 1975, c. 321, &sect; 2, operative July 1, 1975; Laws 1976, c. 242, &sect; 2, operative July 1, 1976; Laws 1977, c. 249, &sect; 2, operative July 1, 1977; Laws 1978, c. 271, &sect; 2, operative July 1, 1978; Laws 1979, c. 267, &sect; 2, eff. July 1, 1979; Laws 1980, c. 350, &sect; 2, eff. July 1, 1980; Laws 1981, c. 340, &sect; 13, eff. July 1, 1981; Laws 1982, c. 352, &sect; 10, operative July 1, 1982; Laws 1983, c. 286, &sect; 10, operative July 1, 1983; Laws 1986, c. 19, &sect; 2, emerg. eff. March 17, 1986; Laws 1986, c. 279, &sect; 9, operative July 1, 1986; Laws 1987, c. 205, &sect; 67, operative July 1, 1987; Laws 1989, c. 295, &sect; 11, operative July 1, 1989; Laws 1990, c. 258, &sect; 60, operative July 1, 1990; Laws 1998, c. 395, &sect; 2, eff. Sept. 1, 1998; Laws 1999, c. 1, &sect; 12, emerg. eff. Feb. 24, 1999; Laws 2002, c. 397, &sect; 5, eff. Nov. 1, 2002; Laws 2012, c. 304, &sect; 160.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1983, c. 302, &sect; 2 repealed by Laws 1986, c. 19, &sect; 7, emerg. eff. March 17, 1986. Laws 1998, c. 245, &sect; 2 repealed by Laws 1999, c. 1, &sect; 45, emerg. eff. Feb. 24, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-105. Personnel of Highway Patrol Division - Qualifications - Probationary period - Suspension or dismissal - Transfer - Grievances - Uniforms &ndash; Top-ranking officers - Training and expenses - Reinstatement.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner of Public Safety, subject to the Oklahoma Personnel Act, shall appoint:&nbsp;</span></p> <p><span class="cls0">1. A Chief of the Oklahoma Highway Patrol Division with the rank of Colonel, Deputy Chiefs of the Oklahoma Highway Patrol Division with the rank of Lieutenant Colonel, and subordinate officers and employees of the Oklahoma Highway Patrol Division, including Majors, Captains, Lieutenants, and Highway Patrolmen with the rank of Trooper, who shall comprise the Oklahoma Highway Patrol Division of the Department of Public Safety; provided, any officer appointed to a commissioned position prescribed in this paragraph which is unclassified pursuant to Section 840-5.5 of Title 74 of the Oklahoma Statutes shall have a right of return to the highest previously held classified commissioned position within the Highway Patrol Division of the Department of Public Safety without any loss of rights, privileges or benefits immediately upon completion of the duties in the unclassified commissioned position;&nbsp;</span></p> <p><span class="cls0">2. A Captain, Lieutenants, and Patrolmen who shall comprise the Marine Enforcement Section of the Oklahoma Highway Patrol Division of the Department of Public Safety;&nbsp;</span></p> <p><span class="cls0">3. A Captain, Lieutenants, and Patrolmen, who shall comprise the Capitol Patrol Section of the Oklahoma Highway Patrol Division of the Department of Public Safety; and&nbsp;</span></p> <p><span class="cls0">4. A Director of the Communications Division with the rank of Captain, Communications Coordinators with the rank of First Lieutenant, Communications Superintendents with the rank of Second Lieutenant, Communications Supervisors with the rank of Sergeant, Communications Dispatchers, Radio Technicians and Tower Maintenance Officers who shall comprise the Communications Division of the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">B. 1. The Commissioner, when appointing commissioned officers and employees to the positions set out in subsection A of this section, shall determine, in consultation with the Director of the Office of Management and Enterprise Services, minimum qualifications and shall select such officers and employees only after examinations to determine their physical and mental qualifications for such positions. The content of the examinations shall be prescribed by the Commissioner, and all such appointees shall satisfactorily complete a course of training in operations and procedures as prescribed by the Commissioner.&nbsp;</span></p> <p><span class="cls0">2. No person shall be appointed to any position set out in subsection A of this section unless the person is a citizen of the United States of America, of good moral character, and:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;for commissioned officer positions, shall be at least twenty-three (23) years of age but less than forty-six (46) years of age, and shall possess:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;an associate's degree or a minimum of sixty-two (62) successfully completed semester hours from a college or university which is recognized by and accepted by the American Association of Collegiate Registrars and Admissions Officers and whose hours are transferable between such recognized institutions, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;for any person appointed to the Oklahoma Highway Patrol Division on or after July 1, 2014:&nbsp;</span></p> <p class="cls7"><span class="cls0">(a)&nbsp;&nbsp;a bachelor's degree from a college or university which is recognized by and accepted by the American Association of Collegiate Registrars and Admissions Officers and whose hours are transferable between such recognized institutions, or&nbsp;</span></p> <p class="cls7"><span class="cls0">(b)&nbsp;&nbsp;an associate's degree or a minimum of sixty-two (62) successfully completed semester hours from a college or university which is recognized by and accepted by the American Association of Collegiate Registrars and Admissions Officers and whose hours are transferable between such recognized institutions, and:&nbsp;</span></p> <p class="cls8"><span class="cls0">i.&nbsp;&nbsp;at least two (2) years' experience as a law enforcement officer certified by the Council on Law Enforcement Education and Training (C.L.E.E.T.) or by the equivalent state agency in another state or by any law enforcement agency of the federal government, or&nbsp;</span></p> <p class="cls8"><span class="cls0">ii.&nbsp;&nbsp;at least two (2) years of honorable military service in an active or reserve component of the United States Armed Forces.&nbsp;</span></p> <p class="cls2"><span class="cls0">Provided, such years of experience or service shall have been consecutive and shall have been completed no more than two (2) years prior to application for appointment, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;for any such position in the Communications Division, a person shall be at least twenty (20) years of age and shall possess a high school diploma or General Educational Development equivalency certificate; shall possess either six (6) months of previous experience as a dispatcher or fifteen (15) successfully completed semester hours from a college or university which is recognized by and accepted by the American Association of Collegiate Registrars and Admissions Officers and whose hours are transferable between such recognized institutions.&nbsp;</span></p> <p><span class="cls0">3. No commissioned officer of the Department shall, while in such position, be a candidate for any political office or take part in or contribute any money or other thing of value, directly or indirectly, to any political campaign or to any candidate for public office. Anyone convicted of violating the provisions of this paragraph shall be guilty of a misdemeanor and shall be punished as provided by law.&nbsp;</span></p> <p><span class="cls0">4. The Commissioner or any employee of the Department shall not be a candidate for any political office, or in any way be active or participate in any political contest of any Primary, General, or Special Election, except to cast a ballot. No commissioned officer of the Department, while in the performance of the officer's assigned duty of providing security and protection, shall be considered as participating in a political campaign. The provisions of this paragraph shall not be construed to preclude a commissioned officer of the Oklahoma Highway Patrol Division of the Department of Public Safety from being a candidate for a position on a local board of education.&nbsp;</span></p> <p><span class="cls0">5. Drunkenness or being under the influence of intoxicating substances shall be sufficient grounds for the removal of any commissioned officer of the Department, in and by the manner provided for in this section.&nbsp;</span></p> <p><span class="cls0">C. 1. Upon initial appointment to the position of Cadet Highway Patrolman or Probationary Communications Dispatcher, the appointed employee shall be required to serve an initial probationary period of twelve (12) months. The Commissioner may extend the probationary period for up to three (3) additional months provided that the employee and the Office of Management and Enterprise Services are notified in writing as to such action and the reasons therefor. During such probationary period, the employee may be terminated at any time and for any reason at the discretion of the Commissioner. Retention in the service after expiration of the initial probationary period shall entitle such employee to be classified as a permanent employee and the employee shall be so classified. No permanent employee may be discharged or removed except as provided for in this section.&nbsp;</span></p> <p><span class="cls0">2. A commissioned officer of the Oklahoma Highway Patrol Division may be promoted during the initial probationary period if such officer satisfactorily completes all training requirements prescribed by the Commissioner.&nbsp;</span></p> <p><span class="cls0">D. 1. No permanent employee, as provided for in this section, who is a commissioned officer of the Department, may be suspended without pay or dismissed unless the employee has been notified in writing by the Commissioner of such intended action and the reasons therefor. No such notice shall be given by the Commissioner unless sworn charges or statements have been obtained to justify the action.&nbsp;</span></p> <p><span class="cls0">2. Whenever such charges are preferred, the Commissioner may suspend the accused pending the hearing and final determination of such charges. If the charges are not sustained in whole or in part, the accused shall be entitled to pay during the period of such suspension. If the charges are sustained in whole or in part, the accused shall not receive any pay for the period of such suspension.&nbsp;</span></p> <p><span class="cls0">3. Commissioned officers of the Department of Public Safety are not entitled to appeal intra-agency transfer to the Oklahoma Merit Protection Commission pursuant to the Oklahoma Personnel Act unless transfer is in violation of Section 840-2.5 or 840-2.9 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">4. The Department of Public Safety shall follow the uniform grievance procedure established and adopted by the Office of Management and Enterprise Services for permanent classified employees, except for those employees who are commissioned officers of the Department. The Department of Public Safety shall establish and adopt a proprietary grievance procedure for commissioned officers of the Department which is otherwise in compliance with the provisions of Section 840-6.2 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">E. 1. The Commissioner is hereby authorized to purchase and issue uniforms and necessary equipment for all commissioned officers of the Highway Patrol Division of the Department. All uniforms and equipment shall be used only in the performance of the official duties of such officers and shall remain the property of the Department, except as provided in Section 2-150 of this title.&nbsp;</span></p> <p><span class="cls0">2. Each commissioned officer of the Highway Patrol Division of the Department of Public Safety shall be entitled to reimbursement of expenses pursuant to the State Travel Reimbursement Act while away from the assigned area of the officer as designated by the Chief of the Oklahoma Highway Patrol Division, when such expense is incurred in the service of the state.&nbsp;</span></p> <p><span class="cls0">F. 1. The positions with the rank of Colonel and Lieutenant Colonel of the Oklahoma Highway Patrol Division shall be filled from the body of commissioned officers of the Oklahoma Highway Patrol Division and appointment to said position shall be based on qualifications, previous record as a commissioned officer of the Oklahoma Highway Patrol Division, length of service, years of experience within the Oklahoma Highway Patrol Division or other service as prescribed in this subsection, and efficiency of service performed.&nbsp;</span></p> <p><span class="cls0">2. In addition to the requirements of paragraph 1 of this subsection, the position of Chief of the Oklahoma Highway Patrol Division shall be based on one of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one (1) year of experience in any combination:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;as Commissioner of Public Safety,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;as Assistant Commissioner of Public Safety, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;as Assistant Chief,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;two (2) years of experience in any combination:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;as Deputy Chief or higher rank, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;if the experience was prior to the effective date of this act, as Major or higher rank,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;four (4) years of experience in any combination:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;as Major or higher rank, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;if the experience was prior to the effective date of this act, as Captain or higher rank, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;six (6) years of experience in any combination:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;as Captain or higher rank, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;if the experience was prior to the effective date of this act, as First Lieutenant or higher rank.&nbsp;</span></p> <p><span class="cls0">3. In addition to the requirements of paragraph 1 of this subsection, the position of Deputy Chief of the Oklahoma Highway Patrol Division shall be based on one of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;one (1) year of experience in any combination:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;as Commissioner of Public Safety,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;as Assistant Commissioner of Public Safety, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;as Colonel,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;two (2) years of experience in any combination:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;as Major or higher rank, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;if the experience was prior to the effective date of this act, as Captain or higher rank, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;four (4) years of experience in any combination:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;as Captain or higher rank, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;if the experience was prior to the effective date of this act, as Highway Patrol First Lieutenant or higher rank.&nbsp;</span></p> <p><span class="cls0">G. The Commissioner of Public Safety is hereby authorized to send employees of the Department of Public Safety to schools such as Northwestern University Center for Public Safety, Southern Police Institute, the FBI National Academy, the Institute of Police Technology and Management, or to any other schools of similar training which would be conducive to improving the efficiency of the Oklahoma Highway Patrol Division and the Department of Public Safety. While an employee is attending a school, the Commissioner is authorized to permit the employee to use a state-owned vehicle and to use a fuel-purchasing card for any expenses related to the operation of the vehicle. In addition, while an employee is attending the FBI National Academy, a one-time expense allowance of Two Thousand Dollars ($2,000.00) for uniforms, fees, travel, room and board, and other related expenses shall be paid to the employee by the Department; provided, the employee shall not be further compensated through the State Travel Reimbursement Act, and, if any other agency reimburses the employee for any expenses, the reimbursement shall be given to the Department. All purchases made by the employee with the expense allowance shall be considered property of the employee.&nbsp;</span></p> <p><span class="cls0">H. 1. Any former commissioned officer of the Department whose separation from the Department was at such officer's own request and not a result of such officer's own actions contrary to the policy of the Department or was not as a result of the retirement of that officer from the Department may make application for reinstatement as a commissioned officer of the division or section of the Department in which such officer was previously employed, provided such reinstated officer will be able to complete twenty (20) years of credited service by the time the reinstated officer reaches sixty-two (62) years of age. The Commissioner may waive the requirements of possessing the number of semester hours or degree as required in subsection B of this section for any former commissioned officer making application for reinstatement as a commissioned officer of the Department. The Commissioner may require the applicant for reinstatement to attend selected courses of instruction, as prescribed by the Commissioner.&nbsp;</span></p> <p><span class="cls0">2. In the event of future hostilities wherein the Congress of the United States declares this nation in a state of war with a foreign nation, including military service brought about by the Vietnam War, any period of military service served by a commissioned officer of the Department shall be considered as continued service with such Department, provided such commissioned officer returns to duty with the Department within sixty (60) days after release from military service.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 323, &sect; 2-105, eff. Sept. 1, 1961. Amended by Laws 1961, p. 311, &sect; 2; Laws 1965, c. 108, &sect; 1, emerg. eff. May 12, 1965; Laws 1965, c. 429, &sect; 3, emerg. eff. July 8, 1965; Laws 1967, c. 199, &sect;&sect; 1, 2; Laws 1967, c. 349, &sect; 2, emerg. eff. May 18, 1967; Laws 1969, c. 284, &sect; 2, emerg. eff. April 25, 1969; Laws 1970, c. 244, &sect; 2, eff. July 1, 1970; Laws 1971, c. 354, &sect; 2, operative July 1, 1971; Laws 1973, c. 224, &sect; 6, emerg. eff. May 24, 1973; Laws 1974, c. 291, &sect; 3, operative July 1, 1974; Laws 1975, c. 321, &sect; 3, operative July 1, 1975; Laws 1976, c. 242, &sect; 3, operative July 1, 1976; Laws 1977, c. 249, &sect; 3, operative July 1, 1977; Laws 1978, c. 271, &sect; 3, operative July 1, 1978; Laws 1980, c. 357, &sect; 1, eff. July 1, 1980; Laws 1981, c. 340, &sect; 14, eff. July 1, 1981; Laws 1982, c. 352, &sect; 11, operative July 1, 1982; Laws 1983, c. 302, &sect; 3, emerg. eff. June 23, 1983; Laws 1984, c. 264, &sect; 10, operative July 1, 1984; Laws 1986, c. 19, &sect; 3, emerg. eff. March 17, 1986; Laws 1986, c. 279, &sect; 10, operative July 1, 1986; Laws 1989, c. 295, &sect; 12, operative July 1, 1989; Laws 1990, c. 315, &sect; 1, eff. July 1, 1990; Laws 1992, c. 2, &sect; 1, emerg. eff. March 18, 1992; Laws 1994, c. 218, &sect; 3, eff. July 1, 1994; Laws 1998, c. 245, &sect; 3, eff. July 1, 1998; Laws 2000, c. 195, &sect; 1, eff. July 1, 2000; Laws 2000, c. 378, &sect; 1, eff. Jan. 1, 2001; Laws 2001, c. 435, &sect; 1, eff. July 1, 2001; Laws 2003, c. 461, &sect; 3, eff. July 1, 2003; Laws 2004, c. 5, &sect; 29, emerg. eff. March 1, 2004; Laws 2004, c. 418, &sect; 3, eff. July 1, 2004; Laws 2006, c. 81, &sect; 1, emerg. eff. April 21, 2006; Laws 2007, c. 62, &sect; 6, emerg. eff. April 30, 2007; Laws 2009, c. 310, &sect; 1, eff. July 1, 2009; Laws 2010, c. 60, &sect; 1, eff. Nov. 1, 2010; Laws 2011, c. 104, &sect; 1, eff. Nov. 1, 2011; Laws 2012, c. 304, &sect; 161.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2003, c. 279, &sect; 1 repealed by Laws 2004, c. 5, &sect; 30, emerg. eff. March 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-105.1. Repealed by Laws 1988, c. 290, &sect; 25, operative July 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-105.2. Highway Patrol Academies.&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety is authorized to conduct Highway Patrol Academies as may be required and within the funds available to the Department. Provided, however, that no such academy shall be commenced nor shall any funds be expended for an academy until:&nbsp;</span></p> <p><span class="cls0">1. The academy has been approved for implementation by the Contingency Review Board; or &nbsp;</span></p> <p><span class="cls0">2. The Legislature has authorized the academy.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1981, c. 264, &sect; 8, emerg. eff. June 25, 1981. Amended by Laws 2001, c. 89, &sect; 1, eff. July 1, 2001; Laws 2003, c. 279, &sect; 2, emerg. eff. May 26, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-105.3. Repealed by Laws 1998, c. 245, &sect; 10, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-105.3a. Executive security.&nbsp;</span></p> <p><span class="cls0">A. Upon receipt from the Oklahoma State Bureau of Investigation of an investigative report pursuant to paragraph 9 of Section 150.2 of Title 74 of the Oklahoma Statutes, the Commissioner of Public Safety or a designee shall determine what, if any, executive security will be provided to the official by the Department of Public Safety. Nothing in this subsection shall preclude the Commissioner from providing temporary executive security to an official of this state or of any political subdivision of the state, if essential, prior to the receipt of the investigative report from the Oklahoma State Bureau of Investigation.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner of Public Safety may, upon the request of a state agency head, appoint and commission qualified individuals to provide executive security for that agency. The Commissioner shall determine the qualifications of the individuals, the authority level and the time period for the appointment and commission.&nbsp;</span></p> <p><span class="cls0">C. The Commissioner of Public Safety shall, at the direction of the Governor, provide executive security for political candidates, foreign elected or appointed officials, visiting public officials, or any other person for whom executive security is deemed necessary by the Governor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 281, &sect; 2, emerg. eff. June 5, 1996. Amended by Laws 2003, c. 199, &sect; 6, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-105.4. Salaries.&nbsp;</span></p> <p class="cls2"><span class="cls0">A. 1. a.&nbsp;&nbsp;The annual salaries for the Commissioner of Public Safety, the Assistant Commissioner of Public Safety and the commissioned officers within the Highway Patrol Division shall be in accordance and conformity with the following salary schedule, exclusive of longevity pay, as authorized by Section 840-2.18 of Title 74 of the Oklahoma Statutes, expense allowance, as authorized by Section 2-130 of this title, and irregular shift pay, as authorized by Section 2-130.1 of this title:&nbsp;</span></p> <p class="cls2"><span class="cls0">Commissioner of Public Safety&nbsp;&nbsp;$89,100.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Assistant Commissioner of Public Safety&nbsp;&nbsp;$83,314.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Colonel (Chief)&nbsp;&nbsp;$83,314.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Lieutenant Colonel&nbsp;</span></p> <p class="cls2"><span class="cls0"> (Assistant Chief)&nbsp;&nbsp;$74,827.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Lieutenant Colonel&nbsp;</span></p> <p class="cls2"><span class="cls0"> (Deputy Chief)&nbsp;&nbsp;$67,818.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Major&nbsp;&nbsp;$62,026.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Captain&nbsp;&nbsp;$57,243.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Lieutenant&nbsp;&nbsp;$53,306.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrolman (Trooper)&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 1&nbsp;&nbsp;$36,711.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 2&nbsp;&nbsp;$38,377.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 3&nbsp;&nbsp;$40,123.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 4&nbsp;&nbsp;$41,953.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 5&nbsp;&nbsp;$43,871.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 6&nbsp;&nbsp;$45,881.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 7&nbsp;&nbsp;$50,087.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Probationary Highway Patrolman&nbsp;&nbsp;$33,000.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Cadet Highway Patrolman&nbsp;&nbsp;$30,000.00&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Each Highway Patrolman shall receive upon the anniversary date of the Patrolman an annual salary increase to the step of the salary schedule provided for in subparagraph a of this paragraph which step number corresponds to the number of completed years of service the Patrolman has accumulated in the Highway Patrol Division, including service in the former Lake Patrol Division and the former Capitol Patrol Division of the Department of Public Safety if the Patrolman, within the preceding twelve-month period:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;has achieved a satisfactory Performance Rating Score,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;has not received any disciplinary action which has resulted in any suspension from the Department for a period of ten (10) or more days, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;has not received any disciplinary action which has resulted in demotion.&nbsp;</span></p> <p class="cls9"><span class="cls0">Provided, if the number of completed years of service on the anniversary date of the Patrolman is or exceeds seven (7) years, said Patrolman shall be assigned to, and the salary of the Patrolman adjusted to, Step 7 of said salary schedule. &nbsp;</span></p> <p class="cls2"><span class="cls0">2. a.&nbsp;&nbsp;Effective January 1, 2007, the annual salaries for the Commissioner of Public Safety, the Assistant Commissioner of Public Safety and the commissioned officers within the Highway Patrol Division shall be in accordance and conformity with the following salary schedule, exclusive of longevity pay, as authorized by Section 840-2.18 of Title 74 of the Oklahoma Statutes, expense allowance, as authorized by Section 2-130 of this title, irregular shift pay, as authorized by Section 2-130.1 of this title, and any pay from working shifts in addition to or in lieu of regularly scheduled shifts that may result from a contractual agreement entered into by the Department or from a special enforcement assignment:&nbsp;</span></p> <p class="cls2"><span class="cls0">Commissioner of Public Safety&nbsp;&nbsp;$111,133.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Assistant Commissioner of Public Safety&nbsp;&nbsp;$101,030.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Colonel (Chief)&nbsp;&nbsp;$101,030.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Lieutenant Colonel&nbsp;</span></p> <p class="cls2"><span class="cls0"> (Assistant Chief)&nbsp;&nbsp;$91,844.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Lieutenant Colonel&nbsp;</span></p> <p class="cls2"><span class="cls0"> (Deputy Chief)&nbsp;&nbsp;$83,495.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Major&nbsp;&nbsp;$75,904.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Captain&nbsp;&nbsp;$69,004.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrol Lieutenant&nbsp;&nbsp;$62,731.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Highway Patrolman (Trooper)&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 1&nbsp;&nbsp;$38,000.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 2&nbsp;&nbsp;$40,660.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 3&nbsp;&nbsp;$43,506.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 4&nbsp;&nbsp;$46,552.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 5&nbsp;&nbsp;$49,810.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 6&nbsp;&nbsp;$53,298.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 7&nbsp;&nbsp;$57,028.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Probationary Highway Patrolman&nbsp;&nbsp;$35,514.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Cadet Highway Patrolman&nbsp;&nbsp;$33,192.00&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;On January 1, 2007, each Patrolman shall be assigned and the salary of such Patrolman shall be adjusted to the salary schedule provided for in subparagraph a of this paragraph. Such initial adjustment of salaries shall be to the step which step number corresponds to the number of completed years of service the Patrolman has accumulated in the Highway Patrol Division, including service in the former Lake Patrol Division and the former Capitol Patrol Division of the Department of Public Safety. Provided, however, no such Patrolman shall receive less than the salary the Patrolman was receiving on December 31, 2006. If the number of completed years of service of such Patrolman exceeds seven (7) years on January 1, 2007, the Patrolman shall be assigned to and the Patrolman&rsquo;s salary adjusted to Step 7 of the salary schedule.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;After January 1, 2007, each Highway Patrolman shall receive upon the anniversary date of the Patrolman an annual salary increase to the step of the salary schedule provided in subparagraph a of this paragraph which step number corresponds to the number of completed years of service the Patrolman has accumulated in the Highway Patrol Division, including service in the former Lake Patrol Division and the former Capitol Patrol Division of the Department of Public Safety, if the Patrolman, within the preceding twelve-month period:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;has achieved a satisfactory Performance Rating Score,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;has not received any disciplinary action which has resulted in any suspension from the Department for a period of ten (10) or more days, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;has not received any disciplinary action which has resulted in demotion.&nbsp;</span></p> <p><span class="cls0">Provided, if the number of completed years of service on the anniversary date of the Patrolman is or exceeds seven (7) years, the Patrolman shall be assigned to, and the salary of the Patrolman adjusted to, Step 7 of the salary schedule provided in subparagraph a of this paragraph.&nbsp;</span></p> <p><span class="cls0">3. Except as provided in paragraphs 1 and 2 of this subsection, in any twelve-month period no Highway Patrolman shall receive:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a salary increase which exceeds an increase to the next higher step of the salary schedule provided for in paragraphs 1 and 2 of this subsection, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;more than one such salary increase to the step of the salary schedule provided for in paragraphs 1 and 2 of this subsection, unless salary increases are authorized by the Legislature.&nbsp;</span></p> <p><span class="cls0">Provided, however, such Patrolman shall receive the salary increase which results from a promotion to another position within the Highway Patrol Division.&nbsp;</span></p> <p><span class="cls0">4. The steps prescribed for the position of Highway Patrolman in the salary schedule provided for in paragraphs 1 and 2 of this subsection are for salary and compensation purposes only. No Highway Patrolman shall be reassigned to another such step of said salary schedule for the purposes of demotion, discipline, promotion, incentive, reward or for any other reason other than the salary increases provided for in paragraphs 1 and 2 of this subsection.&nbsp;</span></p> <p><span class="cls0">5. Upon graduation from the Highway Patrol Academy, each Cadet Highway Patrolman shall be promoted to and shall receive the salary for the position of Probationary Highway Patrolman. Upon completion of the one-year probationary period, as required in subsection C of Section 2-105 of this title, each Probationary Highway Patrolman shall be promoted to and shall receive the salary for Step 1 of the position of Highway Patrolman, as provided for in paragraph 1 or 2 of this subsection, as applicable. Thereafter, the salary of such Patrolman shall be subject to the provisions of this subsection.&nbsp;</span></p> <p><span class="cls0">B. The provisions of this section shall supersede all existing laws covering the salaries for the Commissioner of Public Safety, the Assistant Commissioner of Public Safety and the commissioned officers in the Highway Patrol Division of the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">C. Nothing in this section shall be construed to prohibit a reduction in pay or salary due to involuntary leave without pay as authorized in Section 840-2.27C of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 290, &sect; 21, operative July 1, 1988. Amended by Laws 1989, c. 295, &sect; 13, operative July 1, 1989; Laws 1990, c. 258, &sect; 59, operative July 1, 1990; Laws 1992, c. 118, &sect; 1, emerg. eff. April 23, 1992; Laws 1992, c. 367, &sect; 20, eff. July 1, 1992; Laws 1993, c. 190, &sect; 1, emerg. eff. May 24, 1993; Laws 1994, c. 239, &sect; 1; Laws 1996, c. 57, &sect; 3, eff. July 1, 1996; Laws 1996, c. 300, &sect; 1, eff. July 1, 1996; Laws 1997, c. 201, &sect; 1, eff. Nov. 1, 1997; Laws 1998, c. 245, &sect; 4, eff. Jan. 1, 1999; Laws 1999, c. 120, &sect; 1, emerg. eff. April 26, 1999; Laws 2000, c. 37, &sect; 10, eff. Oct. 1, 2000; Laws 2001, c. 435, &sect; 2, eff. July 1, 2001; Laws 2004, c. 161, &sect; 1, eff. Jan. 1, 2005; Laws 2006, c. 81, &sect; 2, eff. April 21, 2006; Laws 2006, 2nd Ex. Sess., c. 83, &sect; 2, eff. Oct. 1, 2006; Laws 2011, c. 335, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-105.4A. Size and Weight Enforcement Section of Oklahoma Highway Patrol Division created - Additional members of Highway Patrol - Purchase and maintenance of vehicles and equipment - Training.&nbsp;</span></p> <p><span class="cls0">There is hereby created within the Oklahoma Highway Patrol Division the Size and Weight Enforcement Section. The Commissioner of Public Safety shall employ a minimum of twentyfive additional members of the Oklahoma Highway Patrol, one Captain, one First Lieutenant and three Second Lieutenant Supervisors and shall assign the twentyfive members of the Oklahoma Highway Patrol, one Captain, one First Lieutenant and three Second Lieutenant Supervisors to the Size and Weight Enforcement Section. The Size and Weight Enforcement Section shall have the primary duty of the enforcement of the provisions of Section 14-101 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">Said Commissioner shall purchase and maintain the necessary motor vehicle equipment, portable scales and other items of equipment and supplies and shall provide proper training necessary for the enforcement of the provisions of Section 14-101 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">Laws 1949, p. 321, &sect; 11, emerg. eff. May 31, 1949; Laws 1957, p. 439, &sect; 1, emerg. eff. June 5, 1957; Laws 1967, c. 369, &sect; 3, emerg. eff. May 22, 1967; Laws 1971, c. 129, &sect; 1, emerg. eff. May 5, 1971; Laws 1979, c. 267, &sect; 4, eff. July 1, 1979; Laws 1982, c. 352, &sect; 17, emerg. eff. June 2, 1982; Laws 1992, c. 195, &sect; 1, eff. July 1, 1992. Renumbered from &sect; 116.11 of this title by Laws 2001, c. 131, &sect; 17, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-105.4B. Bomb Squad Section.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created within the Highway Patrol Division the Bomb Squad Section which shall consist of such employees the Commissioner of Public Safety deems necessary to carry out the provisions of Section 122.2 of Title 63 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner is authorized to purchase and maintain necessary equipment and supplies and shall provide proper training necessary for the enforcement of the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 168, &sect; 4, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-105.4C. Authorization to engage in part-time employment.&nbsp;</span></p> <p><span class="cls0">Any Highway Patrol officer or other law enforcement officer employed as a full-time-equivalent (FTE) of the Department of Public Safety and otherwise prohibited by law or Department policy from obtaining part-time employment as a law enforcement officer with any other law enforcement agency shall hereby be authorized to engage in such part-time employment for the duration of any furlough period imposed by the Commissioner of Public Safety or otherwise required by law. Any previous restriction on such officers relating to outside employment shall be reinstated no longer than two weeks following the end of any furlough status as determined by the Commissioner of Public Safety.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 72, &sect; 1, emerg. eff. April 9, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-105.5. Controlled substance screenings of applicants.&nbsp;</span></p> <p><span class="cls0">All applicants, including reinstatements, for all commissioned officer positions within the Department of Public Safety shall, prior to initial appointment or reinstatement, be required to submit to and successfully pass a controlled substance screening conducted by a National Institute on Drug Abuse (NIDA) certified laboratory. The Commissioner of Public Safety shall establish the necessary procedures to implement this requirement; provided, the results of any such screening shall be considered exempt law enforcement records as prescribed in Section 24A.8 of Title 51 of the Oklahoma Statutes. The Commissioner of Public Safety is authorized to expend the funds necessary to accomplish these screenings.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 315, &sect; 2, eff. July 1, 1990. Amended by Laws 1998, c. 245, &sect; 5, eff. July 1, 1998; Laws 2004, c. 418, &sect; 5, eff. July 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-105.6. Marine Enforcement Section - Powers, duties, responsibilities and authority - Salaries.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created within the Oklahoma Highway Patrol Division of the Department of Public Safety a Marine Enforcement Section which shall consist of such employees as may be necessary to enforce the provisions of Section 4001 et seq., Section 4101 et seq., and Section 4200 et seq. of Title 63 of the Oklahoma Statutes. All commissioned officers of the Marine Enforcement Section as designated by the Commissioner shall have the authority to stop and board any vessel subject to Section 4001 et seq. of Title 63 of the Oklahoma Statutes and make any necessary arrest for violations of Section 4001 et seq. of Title 63 of the Oklahoma Statutes or the rules promulgated by the Department of Public Safety or the Department of Wildlife Conservation or take any other action within their lawful authority. Any statutory references to the Oklahoma Lake Patrol Division or the Lake Patrol Section of the Oklahoma Highway Patrol Division shall mean the Marine Enforcement Section of the Oklahoma Highway Patrol Division of the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">B. All commissioned officers of the Marine Enforcement Section of the Oklahoma Highway Patrol Division of the Department of Public Safety shall have, in addition to their primary duty as prescribed in subsection A of this section, a secondary duty to enforce all state statutes, to make arrests for violations and to perform other duties as prescribed by the Commissioner.&nbsp;</span></p> <p><span class="cls0">C. The annual salaries for the commissioned officers within the Marine Enforcement Section of the Oklahoma Highway Patrol Division of the Department of Public Safety shall be in accordance and conformity with the following salary schedule, exclusive of longevity pay, as authorized by Section 840-2.18 of Title 74 of the Oklahoma Statutes, expense allowance, as authorized by Section 2-130 of this title, and irregular shift pay, as authorized by Section 2-130.1 of this title:&nbsp;</span></p> <p><span class="cls0">Patrol Captain&nbsp;&nbsp;$69,004.00&nbsp;</span></p> <p><span class="cls0">Patrol Lieutenant&nbsp;&nbsp;$62,731.00&nbsp;</span></p> <p><span class="cls0">Patrolman&nbsp;&nbsp;$57,028.00&nbsp;</span></p> <p><span class="cls0">D. The provisions of this section shall supersede all existing laws covering the salaries for the commissioned officers in the Marine Enforcement Section of the Oklahoma Highway Patrol Division of the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 245, &sect; 6, eff. July 1, 1998. Amended by Laws 2000, c. 37, &sect; 11, eff. Oct. 1, 2000; Laws 2000, c. 195, &sect; 2, eff. July 1, 2000; Laws 2001, c. 435, &sect; 3, eff. July 1, 2001; Laws 2004, c. 161, &sect; 2, eff. Jan. 1, 2005; Laws 2005, c. 1, &sect; 44, emerg. eff. March 15, 2005; Laws 2006, c. 81, &sect; 3, eff. April 21, 2006; Laws 2006, 2nd Ex. Sess., c. 83, &sect; 3, eff. Oct. 1, 2006; Laws 2011, c. 104, &sect; 2, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2004, c. 364, &sect; 1 repealed by Laws 2005, c. 1, &sect; 45, emerg. eff. March 15, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-105.6A. Repealed by Laws 2003, c. 461, &sect; 20, eff. July 1, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-105.7. Capitol Patrol Section - Authority - Reclassification - Salaries - Application.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created within the Oklahoma Highway Patrol Division of the Department of Public Safety a Capitol Patrol Section which shall consist of such employees as may be necessary to provide law enforcement services to all state buildings and properties, including grounds appurtenant thereto, within Oklahoma County and Tulsa County. All commissioned officers of the Capitol Patrol Section as designated by the Commissioner shall have the authority to enforce all parking, traffic, and criminal laws within Oklahoma County and Tulsa County, and shall have the authority to perform other law enforcement duties within the state as prescribed by the Commissioner of Public Safety.&nbsp;</span></p> <p><span class="cls0">B. A Patrolman shall not be promoted to the position of Capitol Patrol Sergeant.&nbsp;</span></p> <p><span class="cls0">C. Any officer of the Capitol Patrol Section of the Oklahoma Highway Patrol Division may request reclassification to the equivalent lateral position, rank, and salary within the Oklahoma Highway Patrol Division and shall be reclassified to the position if the officer:&nbsp;</span></p> <p><span class="cls0">1. Meets the requirements of paragraph 2 of subsection B of Section 2-105 of this title. Provided, the officer shall be exempt from the maximum age limitation;&nbsp;</span></p> <p><span class="cls0">2. Satisfactorily completes a course of training as prescribed by the Commissioner; and&nbsp;</span></p> <p><span class="cls0">3. Serves a twelve-month probationary period which shall commence upon entering the course of training required by paragraph 2 of this subsection.&nbsp;</span></p> <p><span class="cls0">Such reclassified officer shall be subject to reassignment as determined by the Chief of the Oklahoma Highway Patrol Division.&nbsp;</span></p> <p><span class="cls0">D. All commissioned officers of the Capitol Patrol Section of the Oklahoma Highway Patrol Division of the Department of Public Safety shall have, in addition to their primary duty as prescribed in subsection A of this section, a secondary duty to enforce all state statutes, to make arrests for violations and to perform other duties as prescribed by the Commissioner of Public Safety in accordance with Section 2-117 of this title.&nbsp;</span></p> <p><span class="cls0">E. The Office of Management and Enterprise Services and the Oklahoma Capitol Improvement Authority shall provide office and operations space for the Capitol Patrol Section of the Oklahoma Highway Patrol Division of the Department of Public Safety.&nbsp;</span></p> <p class="cls2"><span class="cls0">F. 1. a.&nbsp;&nbsp;The annual salaries for the commissioned officers within the Capitol Patrol Section of the Oklahoma Highway Patrol Division of the Department of Public Safety shall be in accordance and conformity with the following salary schedule, exclusive of longevity pay, as authorized by Section 840-2.18 of Title 74 of the Oklahoma Statutes, expense allowance, as authorized by Section 2-130 of this title, and irregular shift pay, as authorized by Section 2-130.1 of this title:&nbsp;</span></p> <p class="cls2"><span class="cls0">Patrol Captain&nbsp;&nbsp;$57,243.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Patrol Lieutenant&nbsp;&nbsp;$53,306.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Capitol Patrol Sergeant&nbsp;&nbsp;$51,646.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Patrolman&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 4&nbsp;&nbsp;$41,953.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 5&nbsp;&nbsp;$43,871.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 6&nbsp;&nbsp;$45,881.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 7&nbsp;&nbsp;$50,087.00&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Each Patrolman shall receive upon the anniversary date of the Patrolman an annual salary increase to the next higher step of the salary schedule provided for in subparagraph a of this paragraph if the Patrolman, within the preceding twelve-month period:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;has achieved a satisfactory Performance Rating Score,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;has not received any disciplinary action which has resulted in any suspension from the Department for a period of ten (10) or more days, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;has not received any disciplinary action which has resulted in demotion.&nbsp;</span></p> <p><span class="cls0">If the number of completed years of service on the anniversary date of the Patrolman is or exceeds seven (7) years, the Patrolman shall be assigned to, and the salary of the Patrolman adjusted to, Step 7 of the salary schedule.&nbsp;</span></p> <p><span class="cls0">2. Effective January 1, 2007, the annual salaries for the commissioned officers within the Capitol Patrol Section of the Oklahoma Highway Patrol Division of the Department of Public Safety shall be in accordance and conformity with the following salary schedule, exclusive of longevity pay, as authorized by Section 840-2.18 of Title 74 of the Oklahoma Statutes, expense allowance, as authorized by Section 2-130 of this title, and irregular shift pay, as authorized by Section 2-130.1 of this title:&nbsp;</span></p> <p><span class="cls0">Patrol Captain&nbsp;&nbsp;$69,004.00&nbsp;</span></p> <p><span class="cls0">Patrol Lieutenant&nbsp;&nbsp;$62,731.00&nbsp;</span></p> <p><span class="cls0">Capitol Patrol Sergeant&nbsp;&nbsp;$57,028.00&nbsp;</span></p> <p><span class="cls0">Patrolman&nbsp;&nbsp;$57,028.00&nbsp;</span></p> <p><span class="cls0">G. The provisions of this section shall supersede all existing laws covering the salaries for the commissioned officers in the Capitol Patrol Section of the Oklahoma Highway Patrol Division of the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 245, &sect; 7, eff. Jan. 1, 1999. Amended by Laws 2000, c. 37, &sect; 12, eff. Oct. 1, 2000; Laws 2000, c. 378, &sect; 2, eff. Jan. 1, 2001; Laws 2001, c. 435, &sect; 4, eff. July 1, 2001; Laws 2004, c. 161, &sect; 3, eff. Jan. 1, 2005; Laws 2004, c. 354, &sect; 1, eff. July 1, 2004; Laws 2006, c. 81, &sect; 4, emerg. eff. April 21, 2006; Laws 2006, 2nd Ex. Sess., c. 83, &sect; 4, eff. Oct. 1, 2006; Laws 2012, c. 304, &sect; 162.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-105.8. Communications Section - Salaries.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created within the Oklahoma Highway Patrol Division of the Department of Public Safety, the Communications Section.&nbsp;</span></p> <p><span class="cls0">B. An employee shall not be promoted to the position of Communications Coordinator.&nbsp;</span></p> <p class="cls2"><span class="cls0">C. 1. a.&nbsp;&nbsp; The annual salaries for the positions within the Communications Section shall be in accordance and conformity with the following salary schedule, exclusive of longevity pay, as authorized by Section 840-2.18 of Title 74 of the Oklahoma Statutes, expense allowance, as authorized by Section 2-130 of this title, and irregular shift pay, as authorized by Section 2-130.1 of this title:&nbsp;</span></p> <p class="cls2"><span class="cls0">Communications Coordinator&nbsp;&nbsp;$45,205.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Communications Superintendent&nbsp;&nbsp;$41,468.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Communications Supervisor&nbsp;&nbsp;$38,071.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Communications Dispatcher&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 1&nbsp;&nbsp;$28,631.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 2&nbsp;&nbsp;$29,297.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 3&nbsp;&nbsp;$29,979.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 4&nbsp;&nbsp;$30,678.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 5&nbsp;&nbsp;$31,395.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 6&nbsp;&nbsp;$32,130.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 7&nbsp;&nbsp;$34,983.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Probationary Communications Dispatcher&nbsp;&nbsp;$25,349.00&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Each Communications Dispatcher shall receive upon the anniversary date of such Dispatcher an annual salary increase to the next higher step of the salary schedule provided for in subparagraph a of this paragraph if such Dispatcher, within the preceding twelve-month period:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;has achieved a satisfactory Performance Rating Score,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;has not received any disciplinary action which has resulted in any suspension from the Department for a period of ten (10) or more days, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;has not received any disciplinary action which has resulted in demotion.&nbsp;</span></p> <p><span class="cls0">If the number of completed years of service on the anniversary date of the Dispatcher is or exceeds seven (7) years, the Dispatcher shall be assigned to, and the salary of the Dispatcher adjusted to, Step 7 of the salary schedule.&nbsp;</span></p> <p class="cls2"><span class="cls0">2.&nbsp;&nbsp;a.&nbsp;&nbsp;Effective January 1, 2007, the annual salaries for the positions within the Communications Section shall be in accordance and conformity with the following salary schedule, exclusive of longevity pay, as authorized by Section 840-2.18 of Title 74 of the Oklahoma Statutes, expense allowance, as authorized by Section 2-130 of this title, and irregular shift pay, as authorized by Section 2-130.1 of this title:&nbsp;</span></p> <p class="cls2"><span class="cls0">Communications Coordinator&nbsp;&nbsp;$57,189.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Communications Superintendent&nbsp;&nbsp;$51,990.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Communications Supervisor&nbsp;&nbsp;$47,264.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Communications Dispatcher&nbsp;&nbsp;&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 1&nbsp;&nbsp;$28,631.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 2&nbsp;&nbsp;$30,635.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 3&nbsp;&nbsp;$32,780.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 4&nbsp;&nbsp;$35,074.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 5&nbsp;&nbsp;$37,529.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 6&nbsp;&nbsp;$40,156.00&nbsp;</span></p> <p class="cls6"><span class="cls0">Step 7&nbsp;&nbsp;$42,967.00&nbsp;</span></p> <p class="cls2"><span class="cls0">Probationary Communications Dispatcher&nbsp;&nbsp;$26,758.00&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;On January 1, 2007, each Communications Dispatcher shall be assigned and the salary of such Dispatcher shall be adjusted to the salary schedule provided for in subparagraph a of this paragraph. Such initial adjustment of salaries shall be to the step whose number corresponds to the number of completed years of service the Dispatcher has accumulated in the Communications Section of the Oklahoma Highway Patrol Division of the Department of Public Safety. Provided, however, no such Dispatcher shall receive less than the salary the Dispatcher was receiving on December 31, 2006. If the number of completed years of service of such Dispatcher exceeds seven (7) years on January 1, 2007, the Dispatcher shall be assigned to and the Dispatcher&rsquo;s salary adjusted to Step 7 of the salary schedule.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;After January 1, 2007, each Communications Dispatcher shall receive upon the anniversary date of the Dispatcher an annual salary increase to the next higher step of the salary schedule provided for in subparagraph a of this paragraph if the Dispatcher, within the preceding twelve-month period:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;has achieved a satisfactory Performance Rating Score,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;has not received any disciplinary action which has resulted in any suspension from the Department for a period of ten (10) or more days, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;has not received any disciplinary action which has resulted in demotion.&nbsp;</span></p> <p><span class="cls0">If the number of completed years of service on the anniversary date of the Dispatcher is or exceeds seven (7) years, the Dispatcher shall be assigned to, and the salary of the Dispatcher adjusted to, Step 7 of the salary schedule.&nbsp;</span></p> <p><span class="cls0">3. Except as provided in paragraphs 1 and 2 of this subsection, in any twelve-month period no Dispatcher shall receive:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a salary increase which exceeds an increase to the next higher step of the salary schedule provided for in paragraphs 1 and 2 of this subsection, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;more than one such salary increase to the step of the salary schedule provided for in paragraphs 1 and 2 of this subsection, unless salary increases are authorized by the Legislature.&nbsp;</span></p> <p><span class="cls0">Provided, however, such Dispatcher shall receive the salary increase which results from a promotion to another position within the Communications Section.&nbsp;</span></p> <p><span class="cls0">4. The steps prescribed for the position of Communications Dispatcher in the salary schedule provided for in paragraphs 1 and 2 of this subsection are for salary and compensation purposes only. No Communications Dispatcher shall be reassigned to another such step of said salary schedule for the purposes of demotion, discipline, promotion, incentive, reward or for any other reason other than the salary increases provided for in paragraphs 1 and 2 of this subsection.&nbsp;</span></p> <p><span class="cls0">5. Upon completion of the one-year probationary period as required in subsection D of Section 840-4.13 of Title 74 of the Oklahoma Statutes, each Probationary Communications Dispatcher shall be promoted to and shall receive the salary for Step 1 of the position of Communications Dispatcher, as provided for in paragraph 1 or 2 of this subsection, whichever is applicable. Thereafter, the salary of such Dispatcher shall be subject to the provisions of this subsection.&nbsp;</span></p> <p><span class="cls0">D. The provisions of this section shall supersede all existing laws covering the salaries for the positions in the Communications Section of the Oklahoma Highway Patrol Division of the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 245, &sect; 8, eff. July 1, 1998. Amended by Laws 2000, c. 37, &sect; 13, eff. Oct. 1, 2000; Laws 2000, c. 195, &sect; 3, eff. July 1, 2000; Laws 2004, c. 161, &sect; 4, eff. Jan. 1, 2005; Laws 2006, 2nd Ex. Sess., c. 83, &sect; 5, eff. Oct. 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-105A. Repealed by Laws 2007, c. 62, &sect; 33, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-105B. Position of Chaplain.&nbsp;</span></p> <p><span class="cls0">Subject to the availability of funds, the Commissioner of Public Safety or the Chief of the Highway Patrol Division is authorized to employ a Chaplain within the Department of Public Safety for the purpose of providing counseling services to employees or immediate family members thereof when such counseling services are needed as a direct result of such employee&rsquo;s performance of official duties and to carry out any other duties and responsibilities assigned by the Commissioner or the Chief of the Oklahoma Highway Patrol. The position of Chaplain shall be an unclassified position with salary and benefits set by the Commissioner not to exceed the salary of a Highway Patrolmen at the rank of Trooper with fifteen (15) years of service to the Department of Public Safety. &ldquo;Chaplain&rdquo; means an ordained or authorized pastor, minister, priest or other ecclesiastical dignitary of any denomination who has been duly ordained or authorized by the church to which such person belongs. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 461, &sect; 5, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-106. Driver License Examining Division - Driver Compliance Division.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established in the Department of Public Safety the Driver License Examining Division and the Driver Compliance Division and such other divisions as the Commissioner of Public Safety may direct.&nbsp;</span></p> <p><span class="cls0">B. The Driver License Examining Division shall consist of noncommissioned classified employees of the Department who may administer tests for the purpose of issuing driver licenses pursuant to Chapter 6 of this title.&nbsp;</span></p> <p><span class="cls0">C. Any employee appointed to the position of Driver License Examiner shall be not less than twentyone (21) nor more than sixtyfive (65) years of age and any person appointed to the position of Senior Driver License Examiner shall have held the position of Driver License Examiner with the Department for not less than three (3) years immediately preceding such appointment.&nbsp;</span></p> <p><span class="cls0">D. 1. Any person appointed to any position created pursuant to this section shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;be a citizen of the State of Oklahoma,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;be of good moral character,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;possess a high school diploma or General Educational Development equivalency certificate, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;meet physical and mental standards as the Commissioner may prescribe. The scope of the physical and mental examinations for persons appointed as a Driver License Examiner or Senior Driver License Examiner shall be as prescribed by the Commissioner.&nbsp;</span></p> <p><span class="cls0">2. Any person appointed to the position of Driver License Examiner shall be required to complete satisfactorily a course of training as prescribed by the Commissioner.&nbsp;</span></p> <p><span class="cls0">E. Drunkenness, being under the influence of an intoxicating substance or any conduct not becoming an officer or public employee shall be sufficient grounds for the removal of any employee appointed pursuant to this section.&nbsp;</span></p> <p><span class="cls0">F. Effective January 1, 2007, the annual salaries of the following employees of the Driver License Examining Division of the Department of Public Safety shall be in accordance with the following salary schedule, exclusive of longevity pay, as authorized by Section 840-2.18 of Title 74 of the Oklahoma Statutes:&nbsp;</span></p> <p class="cls3"><span class="cls0">1. Driver License Examiner&nbsp;&nbsp;$34,023.00;&nbsp;</span></p> <p class="cls3"><span class="cls0">2. Senior Driver License Examiner&nbsp;&nbsp;$40,686.00;&nbsp;</span></p> <p class="cls3"><span class="cls0">3. Administrative Programs Officer I&nbsp;&nbsp;$37,202.00;&nbsp;</span></p> <p class="cls3"><span class="cls0">4. Administrative Programs Officer II&nbsp;&nbsp;$43,308.00; and&nbsp;</span></p> <p class="cls3"><span class="cls0">5. Training Specialist&nbsp;&nbsp;$40,686.00.&nbsp;</span></p> <p><span class="cls0">Provided, however, no such employee shall receive less than the salary the employee was receiving on December 31, 2006.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 325, &sect; 2-106, eff. Sept. 1, 1961. Amended by Laws 1961, p. 313, &sect; 3, emerg. eff. Aug. 7, 1961; Laws 1965, c. 429, &sect; 4, emerg. eff. July 8, 1965; Laws 1967, c. 199, &sect; 3; Laws 1967, c. 349, &sect;&sect; 3, 4, emerg. eff. May 18, 1967; Laws 1969, c. 284, &sect; 3, emerg. eff. April 25, 1969; Laws 1970, c. 244, &sect; 3, eff. July 1, 1970; Laws 1971, c. 354, &sect; 3, operative July 1, 1971; Laws 1972, c. 234, &sect; 2, operative July 1, 1972; Laws 1973, c. 224, &sect; 3, emerg. eff. May 24, 1973; Laws 1974, c. 291, &sect; 4, operative July 1, 1974; Laws 1975, c. 321, &sect; 4, operative July 1, 1975; Laws 1976, c. 242, &sect; 4, operative July 1, 1976; Laws 1977, c. 249, &sect; 4, operative July 1, 1977; Laws 1978, c. 271, &sect; 4, operative July 1, 1978; Laws 1979, c. 267, &sect; 3, eff. July 1, 1979; Laws 1980, c. 350, &sect; 3, eff. July 1, 1980; Laws 1981, c. 340, &sect; 15, eff. July 1, 1981; Laws 1982, c. 352, &sect; 12, operative July 1, 1982; Laws 1987, c. 205, &sect; 68, operative July 1, 1987; Laws 2002, c. 397, &sect; 6, eff. Nov. 1, 2002; Laws 2006, 2nd Ex. Sess., c. 83, &sect; 6, eff. Oct. 1, 2006; Laws 2007, c. 326, &sect; 2, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-106.1. Permit clerks and supervisor.&nbsp;</span></p> <p><span class="cls0">Subject to the Merit System laws, the Commissioner of Public Safety is hereby authorized to employ a supervisor of permit clerks, headquarters permit clerks and additional permit clerks, who shall have the duty to issue oversize and/or overweight permits in accordance with the terms of Chapter 14 of this title and to collect the fees therefor and to remit the same to the Oklahoma Tax Commission.&nbsp;</span></p> <p><span class="cls0">Laws 1949, p. 321, &sect; 12; Laws 1957, p. 439, &sect; 2; Laws 1971, c. 129, &sect; 2, emerg. eff. May 5, 1971; Laws 1972, c. 234, &sect; 3, operative July 1, 1972; Laws 1974, c. 291, &sect; 7, operative July 1, 1974; Laws 1975, c. 321, &sect; 7, operative July 1, 1975; Laws 1976, c. 242, &sect; 7, operative July 1, 1976; Laws 1977, c. 249, &sect; 7, operative July 1, 1977; Laws 1978, c. 271, &sect; 5, operative July 1, 1978; Laws 1979, c. 267, &sect; 5, eff. July 1, 1979; Laws 1980, c. 350, &sect; 4, eff. July 1, 1980; Laws 1981, c. 340, &sect; 16, eff. July 1, 1981. Renumbered from Section 116.12 of this title by Laws 2001, c. 131, &sect; 17, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-106.2A. Transfer of powers and duties.&nbsp;</span></p> <p><span class="cls0">All the powers, duties, functions, records, employees, property, matters pending and funds of the Department of Highways, the Highway Safety Coordinating Committee and the Railroad Maintenance Authority are hereby transferred to the Department of Transportation. Effective July 1, 1993, all powers, duties, functions, records, employees, matters pending and funds of the Department of Transportation that were transferred to the Department because of the abolishment of the Highway Safety Coordinating Committee shall be transferred to the Department of Public Safety, pursuant to Section 3 of this act. Except as specifically directed by the Legislature the State Department of Transportation shall not fund, directly or indirectly, any railroad, mass transit, public transportation, marine, waterways or aeronautics construction, operations or maintenance with dedicated gasoline taxes, appropriated highway construction or maintenance funds or other highway funds; provided, however, that nothing herein contained shall be construed to prevent the Department of Transportation from applying for, accepting, receiving, administering or expending monies appropriated for the specific purpose of matching federal grants now or hereafter made available for transportation planning or improvements in nonhighway transportation modes. The Department of Transportation shall not issue bonds which constitute an obligation or debt of the state or a pledge of the faith and credit of the state, except as specifically authorized by the Legislature. Any change of agency name/names on signs, equipment, vehicles or other property shall be accomplished as said signs, equipment, vehicles or other property are replaced in inventory or as required through normal wear and tear. An accurate, current inventory of all properties shall be maintained by the Department of Transportation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 218, &sect; 9. Amended by Laws 1977, c. 128, &sect; 1, emerg. eff. June 3, 1977; Laws 1993, c. 81, &sect; 2, eff. July 1, 1993. Renumbered from &sect; 4009 of Title 69 by Laws 2007, c. 62, &sect; 26, emerg. eff. April 30, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-106.2B. Transfer of powers and duties to Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">All powers, duties, functions, records, employees, property, matters pending and funds of the Oklahoma Highway Safety Office of the Oklahoma Department of Transportation and the former Oklahoma Highway Safety Coordinating Committee are hereby transferred to the Oklahoma Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 81, &sect; 3, eff. July 1, 1993. Renumbered from &sect; 4009.1 of Title 69 by Laws 2007, c. 62, &sect; 27, emerg. eff. April 30, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-106.2C. Traffic safety-related projects - Incentives.&nbsp;</span></p> <p><span class="cls0">Notwithstanding any other provision of law, the Oklahoma Highway Safety Office of the Department of Public Safety may provide incentives, as permitted by federal regulations, to the public and any law enforcement agencies of the state for the purpose of promoting increased participation in traffic safety-related projects. The incentives shall be purchased only with federal funds, if available.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 461, &sect; 16, eff. July 1, 2003. Renumbered from &sect; 4009.2 of Title 69 by Laws 2007, c. 62, &sect; 28, emerg. eff. April 30, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-106.3. Fraudulent Documents Identification Unit.&nbsp;</span></p> <p><span class="cls0">Subject to the availability of funding, the Department of Public Safety shall establish a Fraudulent Documents Identification (FDI) Unit for the primary purpose of investigating and apprehending persons or entities that participate in the sale or distribution of fraudulent documents used for identification purposes. The unit shall additionally specialize in fraudulent identification documents created and prepared for persons who are unlawfully residing within the State of Oklahoma. The Department shall employ sufficient employees to investigate and implement an FDI Unit.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 112, &sect; 12, eff. Nov. 1, 2007. Renumbered from Title 47, &sect; 151.2 by Laws 2008, c. 302, &sect; 14, emerg. eff. June 2, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;472107. Traveling expenses of assistants and other employees Equipment.&nbsp;</span></p> <p><span class="cls0">In addition to the salaries or wages of assistants or other employees in the Department of Public Safety when deemed necessary in connection with the discharge of their duties respectively assigned or delegated to them, such assistants or employees shall be allowed and paid traveling expenses incurred in the discharge of their respective duties, in accordance with the provisions of the State Travel Reimbursement Act, Sections 500.1 through 500.19 of Title 74 of the Oklahoma Statutes, which shall be paid from the same fund and in the same manner as the payment of all other salaries and expenses of the Department; provided, however, when deemed necessary by the Commissioner of Public Safety, it shall be and he is hereby authorized and empowered to purchase motor vehicles and other equipment for use by said Department. The Commissioner of Public Safety shall prepare and deliver to the Governor, President Pro Tempore of the Senate, and the Speaker of the House of Representatives a current vehicle fleet management and replacement plan and a complete inventory of all vehicles in use by the Department on the first legislative day of each year. The provisions of this act are to supersede all existing law; provided only that all provisions of this section are subject to provisions of general law governing appropriation, expenditure and availability of funds.&nbsp;</span></p> <p><span class="cls0">Laws 1961, p. 326, &sect; 2-107, eff. Sept. 1, 1961; Laws 1970, c. 96, &sect; 1, emerg. eff. March 30, 1970; Laws 1971, c. 19, &sect; 1, emerg. eff. March 16, 1971; Laws 1973, c. 220, &sect; 5, emerg. eff. May 24, 1973; Laws 1975, c. 231, &sect; 6, emerg. eff. May 30, 1975; Laws 1976, c. 241, &sect; 7, emerg. eff. June 15, 1976; Laws 1979, c. 243, &sect; 11, emerg. eff. June 1, 1979; Laws 1982, c. 352, &sect; 13, emerg. eff. June 2, 1982; Laws 1993, c. 181, &sect; 2, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;472108. Powers and duties of commissioner.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner is hereby vested with the power and is charged with the duty of observing, administering, and enforcing the provisions of this title and of all laws regulating the operation of vehicles or the use of the highways, the enforcement and administration of which are now or hereafter vested in the Department. The Commissioner may appoint any employee of the Department to serve as the personal representative of the Commissioner for the purpose of fulfilling any such duty or combination of duties.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner is hereby authorized to adopt and enforce such rules as may be necessary to carry out the provisions of this act and any other laws the enforcement and administration of which are vested in the Department.&nbsp;</span></p> <p><span class="cls0">C. The Commissioner may adopt an official seal for the use of the Department.&nbsp;</span></p> <p><span class="cls0">D. The Commissioner may adopt an authorized facsimile signature of the Commissioner, and may appoint any employee of the Department to serve as the personal representative of the Commissioner for the purpose of affixing the authorized facsimile signature of the Commissioner to administrative letters, notices, and orders to enforce the provisions of the law. Provided, however, it shall be unlawful and shall constitute the crime of forgery to affix or endorse the facsimile signature of the Commissioner, as herein provided, to any instrument, voucher, check, claim, or draft for the payment of money due and owing to the State of Oklahoma. In lieu of the signature of the Commissioner or the authorized facsimile signature of the Commissioner, the Commissioner may direct and authorize any employee of the Department to affix the signature of the employee to administrative letters, notices, and orders to enforce the provisions of the law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 327, &sect; 2108, eff. Sept. 1, 1961. Amended by Laws 2004, c. 130, &sect; 6, emerg. eff. April 20, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-108.1. Interlocal agreements.&nbsp;</span></p> <p><span class="cls0">The Commissioner of Public Safety may enter into interlocal agreements with any other government agency or any state educational institution which is a member of The Oklahoma State System of Higher Education, as prescribed in Section 3201 of Title 70 of the Oklahoma Statutes, for the use of space for the purpose of providing governmental services as required by law of the Department of Public Safety. Such agreements shall be exempt from The Oklahoma Central Purchasing Act, and Sections 63, 94 and subsection C of Section 129.4 of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 319, &sect; 1, eff. Nov. 1, 2008. Amended by Laws 2011, c. 335, &sect; 3; Laws 2012, c. 304, &sect; 163.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-108.2. Contracts incident to real estate gifted to state &ndash; Construction of gun range.&nbsp;</span></p> <p><span class="cls0">The Commissioner of Public Safety shall have the exclusive rights to enter into all contracts incident to real estate gifted to the state for use by the Department of Public Safety in rural Pottawatomie County adjacent to the Wes Watkins Reservoir, hereafter referred to as &ldquo;the premises&rdquo;, including any and all architectural, engineering, design consultant, construction manager, and construction contracts concerning construction of a gun range on the premises.&nbsp;</span></p> <p><span class="cls0">The Department shall have exclusive jurisdiction, custody, responsibility and control over all construction, repair, maintenance, management and operation of the premises and all fixtures thereon incident to the gun range.&nbsp;</span></p> <p><span class="cls0">In the construction, repair, maintenance, and operation of the gun range, the Department and the premises shall be exempt from any and all real estate construction requirements and provisions, to the extent they could be applicable to the acquisition of goods or services incident to the construction, repair, maintenance and operation, as set forth in the Oklahoma Statutes, including but not limited to Sections 101 through 138 and Sections 202 through 220 of Title 61 of the Oklahoma Statutes, and subsections B, C and E of Section 63 and Sections 85.1 through 85.45j of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 319, &sect; 2, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-108.3. Vehicle ownership and registration information.&nbsp;</span></p> <p><span class="cls0">A. In an effort to improve the public safety of all citizens of this state, a more uniform and expeditious method of obtaining ownership and registration information of all motor vehicles operating on the roads and highways of this state is required. Any method developed shall be conducted in accordance with subsection B of this section.&nbsp;</span></p> <p><span class="cls0">B. In addition to the powers and duties prescribed by law, the Commissioner of Public Safety shall be authorized to direct the Department of Public Safety to develop a proposal for an intergovernmental cooperative agreement pursuant to paragraph 1 of subsection D of Section 1221 of Title 74 of the Oklahoma Statutes between the Department and all tribal governments that issue tribal license plates and maintain ownership and registration information.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 188, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-109. Commissioner to prescribe forms.&nbsp;</span></p> <p><span class="cls0">The Commissioner shall prescribe and provide suitable forms of applications, driver licenses and all other forms requisite or deemed necessary to carry out the provisions of this title and any other laws the enforcement and administration of which are vested in the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 327, &sect; 2-109, eff. Sept. 1, 1961. Amended by Laws 1995, c. 23, &sect; 5, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-109.1. Charging and collection of fees - Forms of payment.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner of Public Safety shall charge and collect the fees required to be paid to the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">B. Payments for any fees required to be paid by any person to the Department of Public Safety, except as otherwise provided by law, may be made by:&nbsp;</span></p> <p><span class="cls0">1. The person&rsquo;s personal or company check, as prescribed by rules of the Department;&nbsp;</span></p> <p><span class="cls0">2. Cash, if paid in person;&nbsp;</span></p> <p><span class="cls0">3. Money order or certified check; or&nbsp;</span></p> <p><span class="cls0">4. A nationally recognized credit card issued to the person. The Commissioner may add an amount equal to four percent (4%) of the amount of such payment as a convenience fee for credit card payments. Such convenience fee shall be deposited in the State Treasury to the credit of the Department of Public Safety Revolving Fund. For purposes of this paragraph, &ldquo;nationally recognized credit card&rdquo; means any instrument or device, whether known as a credit card, credit plate, charge plate or by any other name, issued with or without fee by the issuer for the use of the cardholder in obtaining goods, services, or anything else of value on credit which is accepted by more than one thousand merchants in this state. The Commissioner shall determine which nationally recognized credit cards will be accepted; provided, however, the Commissioner must ensure that no loss of state revenue will occur by the use of such card.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 100, &sect; 1, eff. Nov. 1, 2001. Amended by Laws 2002, c. 397, &sect; 7, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-110. Authority to administer oaths and acknowledge signatures &ndash; Release of records &ndash; Confidentiality of certain information.&nbsp;</span></p> <p><span class="cls0">A. Officers and employees of the Department of Public Safety designated by the Commissioner, for the purpose of administering the motor vehicle laws, are authorized to administer oaths and acknowledge signatures and shall do so without fee.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner and such officers of the Department as the Commissioner may designate are hereby authorized to prepare under the seal of the Department and deliver upon request a certified copy of any record of the Department, charging a fee of Three Dollars ($3.00) for each record so certified, and every such certified copy shall be admissible in any proceeding in any court in like manner as the original thereof. A certification fee shall be charged:&nbsp;</span></p> <p><span class="cls0">1. Only if the person requesting the record specifically requests that the record be certified; and&nbsp;</span></p> <p><span class="cls0">2. In addition to the copying and reproduction fees provided by the Oklahoma Open Records Act or any other applicable law.&nbsp;</span></p> <p><span class="cls0">C. The Commissioner and any other officers of the Department as the Commissioner may designate are hereby authorized to provide a copy of any record required to be maintained by the Department at no charge to any of the following government agencies when requested in the performance of official governmental duties:&nbsp;</span></p> <p><span class="cls0">1. The driver license agency of any other state;&nbsp;</span></p> <p><span class="cls0">2. Any court, district attorney or municipal prosecutor in this state or any other state;&nbsp;</span></p> <p><span class="cls0">3. Any law enforcement agency in this state or any other state or any federal agency empowered by law to make arrests for public offenses;&nbsp;</span></p> <p><span class="cls0">4. Any public school district in this state for purposes of providing the Motor Vehicle Report of a currently employed school bus driver or person making application for employment as a school bus driver;&nbsp;</span></p> <p><span class="cls0">5. The Department of Human Services for the purpose of providing the Motor Vehicle Report to ascertain the suitability of any person being considered by the Department of Human Services for placement of a child in foster care or for adoption of the child;&nbsp;</span></p> <p><span class="cls0">6. The Office of Juvenile Affairs for the purpose of providing the Motor Vehicle Report to ascertain the suitability of any person being considered by the Office of Juvenile Affairs for placement of a child in foster care;&nbsp;</span></p> <p><span class="cls0">7. Any nonprofit provider exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 and contracted by the Developmental Disabilities Services Division of the Oklahoma Department of Human Services; or&nbsp;</span></p> <p><span class="cls0">8. Any state agency in this state.&nbsp;</span></p> <p><span class="cls0">D. Any record required to be maintained by the Department may be released to any other entity free of charge when the release of the record would be for the benefit of the public, as determined by the Commissioner or a designee of the Commissioner.&nbsp;</span></p> <p><span class="cls0">E. The following records shall be provided by the Department to any authorized recipient, pursuant to the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725, upon payment of the appropriate fees for the records:&nbsp;</span></p> <p><span class="cls0">1. A Motor Vehicle Report, as defined in Section 6-117 of this title; and&nbsp;</span></p> <p><span class="cls0">2. A copy of any driving record related to the Motor Vehicle Report.&nbsp;</span></p> <p><span class="cls0">F. 1. The provisions of subsections B, D, and E of this section and the Oklahoma Open Records Act shall not apply to the release of personal information from any driving record of any person. Such personal information shall be confidential except as provided for in this subsection or in the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725. Upon written request to the Commissioner of Public Safety by a law enforcement agency or another state's or country's driver licensing agency for personal information on a specific individual, as named or otherwise identified in the written request, to be used in the official capacity of the agency, the Commissioner may release such personal information to the agency pursuant to the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725.&nbsp;</span></p> <p><span class="cls0">2. For the purposes of this subsection, "personal information" means information which identifies a person, including but not limited to a photograph or image in computerized format of the person, fingerprint image in computerized format, signature or signature in computerized format, social security number, residence address, mailing address, and medical or disability information.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 327, &sect; 2-110, eff. Sept. 1, 1961. Amended by Laws 1983, c. 286, &sect; 11, operative July 1, 1983; Laws 1999, c. 80, &sect; 1, eff. Nov. 1, 1999; Laws 2000, c. 342, &sect; 1, eff. July 1, 2000; Laws 2001, c. 361, &sect; 2, eff. July 1, 2001; Laws 2002, c. 86, &sect; 2, emerg. eff. April 17, 2002; Laws 2004, c. 130, &sect; 7, emerg. eff. April 20, 2004; Laws 2005, c. 199, &sect; 1, eff. Nov. 1, 2005; Laws 2012, c. 242, &sect; 3; Laws 2013, c. 15, &sect; 24, emerg. eff. April 8, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2012, c. 255, &sect; 1 repealed by Laws 2013, c. 15, &sect; 25, emerg. eff. April 8, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-111. Records of Department.&nbsp;</span></p> <p><span class="cls0">A. All records of the Department, other than those declared by law to be confidential for the use of the Department, shall be open to public inspection during office hours.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner shall supervise the maintaining of all records of the Department and shall adopt rules concerning the destruction and retention of records. Records of the Department shall not be subject to the provisions of:&nbsp;</span></p> <p><span class="cls0">1. Sections 305 through 317 of Title 67 of the Oklahoma Statutes or be transferred to the custody or control of the State Archives Commission;&nbsp;</span></p> <p><span class="cls0">2. Section 590 of Title 21 of the Oklahoma Statutes; or&nbsp;</span></p> <p><span class="cls0">3. The Records Management Act, Sections 201 through 215 of Title 67 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">The Commissioner may, pursuant to an adopted rule, order destruction of records deemed to be no longer of value to the Department in carrying out the powers and duties of the Department.&nbsp;</span></p> <p><span class="cls0">C. 1. The Commissioner may cause any or all records kept by the Department of Public Safety to be photographed, microphotographed, photostated, reproduced on film, or stored on computer storage medium. The film or reproducing material shall be of durable material, and the device used to reproduce the records on the film or reproducing material shall accurately reproduce and perpetuate the original records in all detail.&nbsp;</span></p> <p><span class="cls0">2. The photostatic copy, photograph, microphotograph, photographic film or computerized image of the original records shall be deemed to be an original record for all purposes and shall be admissible as evidence in all courts or administrative agencies. A facsimile, exemplification, or certified copy thereof shall be deemed to be a transcript, exemplification, or certified copy of the original.&nbsp;</span></p> <p><span class="cls0">3. The photostatic copies, photographs, microphotographs, reproductions on film, or computerized images shall be placed in conveniently accessible files and provisions made for preserving, examining, and using the copies, photographs, microphotographs, reproductions on film and computerized images. The Commissioner of Public Safety is empowered to authorize the disposal, archival storage, or destruction of the original records or papers.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 327, &sect; 2111, eff. Sept. 1, 1961. Amended by Laws 2000, c. 342, &sect; 2, eff. July 1, 2000; Laws 2005, c. 199, &sect; 2, eff. Nov. 1, 2005; Laws 2007, c. 62, &sect; 7, emerg. eff. April 30, 2007; Laws 2007, c. 326, &sect; 3, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-112. Authority to grant or refuse applications - Confiscation of documents.&nbsp;</span></p> <p><span class="cls0">The Department shall examine and determine the genuineness, regularity and legality of every application, driver license and any other application lawfully made to the Department, and may in all cases make investigation as may be deemed necessary or require additional information, and shall reject any such application if not satisfied of the genuineness, regularity or legality thereof or the truth of any statement contained therein, or for any other reason, when authorized by law. If a person making application to the Department presents any document to the Department which the Department has reason to believe is false, fraudulent, or being used by a person not authorized to use such document, the Department shall confiscate the document until such time it is determined by the Department whether the document is false, fraudulent, or being used by a person not authorized to use such document.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 327, &sect; 2-112, eff. Sept. 1, 1961. Amended by Laws 1995, c. 23, &sect; 6, eff. Nov. 1, 1995; Laws 2003, c. 461, &sect; 6, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;472113. Seizure of documents and plates.&nbsp;</span></p> <p><span class="cls0">The Department is hereby authorized to take possession of any certificate of title, registration card, permit, license or registration plate issued by the State of Oklahoma upon expiration, revocation, cancellation or suspension thereof, or which is fictitious, or which has been unlawfully or erroneously issued.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 328, &sect; 2113. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-114. Distribution of synopsis of laws.&nbsp;</span></p> <p><span class="cls0">The Department may publish a synopsis or summary of the laws of this state regulating the operation of vehicles and may deliver a copy thereof to any person.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 328, &sect; 2-114, eff. Sept. 1, 1961. Amended by Laws 1995, c. 23, &sect; 7, eff. Nov. 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;472115. Department may summon witnesses and take testimony.&nbsp;</span></p> <p><span class="cls0">(a) The Commissioner and officers of the Department designated by him shall have authority to summon witnesses to give testimony under oath or to give written deposition upon any matter under the jurisdiction of the Department. Such summons may require the production of relevant books, papers and records.&nbsp;</span></p> <p><span class="cls0">(b) Every such summons shall be served at least five (5) days before the return date, either by personal service made by any person over eighteen (18) years of age or by registered mail, but return acknowledgement is required to prove such latter service. Failure to obey such a summons so served shall constitute a misdemeanor. The fees for the attendance and travel of witnesses shall be the same as for witnesses before the district court and shall be paid from the Public Safety Fund.&nbsp;</span></p> <p><span class="cls0">(c) The district court, where not otherwise provided, shall have jurisdiction, upon application by the Commissioner, to enforce all lawful orders of the Commissioner under this section.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 328, &sect; 2115. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-116. Giving of notice.&nbsp;</span></p> <p><span class="cls0">Whenever the Department of Public Safety is authorized or required to give any notice under this act or other law regulating the operation of vehicles, unless a different method of giving such notice is otherwise expressly prescribed, such notice shall be given either by personal delivery thereof to the person to be so notified or by deposit in the United States mail of such notice in an envelope with first class postage prepaid, addressed to such person at the address as shown by the records of the Department. The giving of notice by mail is complete upon the expiration of ten (10) days after such deposit of said notice. Proof of the giving of notice in either such manner may be made by the certificate of any officer or employee of the Department or affidavit of any person over eighteen (18) years of age, naming the person to whom such notice was given and specifying the time, place and manner of the giving thereof. Failure of the person to receive notice because of failure to notify the Department of a change in his or her current mailing address, as required by Section 6-116 of this title, shall not be sufficient grounds for the person to protest the notice.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 328, &sect; 2-116, eff. Sept. 1, 1961. Amended by Laws 1986, c. 279, &sect; 11, operative July 1, 1986; Laws 2007, c. 326, &sect; 4, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-117. Police authority of Department - Traffic-related enforcement authority on National System of Interstate and Defense Highways - Special traffic-related enforcement in municipalities.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner of Public Safety and each officer of the Department of Public Safety, as designated and commissioned by the Commissioner, are hereby declared to be peace officers of the State of Oklahoma and shall be so deemed and taken in all courts having jurisdiction of offenses against the laws of the state. Such officers shall have the powers and authority now and hereafter vested by law in other peace officers, including the right and power of search and seizure, except the serving or execution of civil process, and the right and power to investigate and prevent crime and to enforce the criminal laws of this state.&nbsp;</span></p> <p><span class="cls0">B. The officers of the Department shall have the following authority, responsibilities, powers and duties:&nbsp;</span></p> <p><span class="cls0">1. To enforce the provisions of this title and any other law regulating the operation of vehicles or the use of the highways, including, but not limited to, the Motor Carriers Act of this state, or any other laws of this state by the direction of the Governor;&nbsp;</span></p> <p><span class="cls0">2. To arrest without writ, rule, order or process any person detected by them in the act of violating any law of the state; &nbsp;</span></p> <p><span class="cls0">3. When the officer is in pursuit of a violator or suspected violator and is unable to arrest such violator or suspected violator within the limits of the jurisdiction of the Oklahoma Highway Patrol Division, to continue in pursuit of such violator or suspected violator into whatever part of the state may be reasonably necessary to effect the apprehension and arrest of the same, and to arrest such violator or suspected violator wherever the violator may be overtaken;&nbsp;</span></p> <p><span class="cls0">4. To assist in the location of stolen property, including livestock and poultry or the carcasses thereof, and to make any inspection necessary of any truck, trailer or contents thereof in connection therewith;&nbsp;</span></p> <p><span class="cls0">5. At all times to direct all traffic in conformance with law and, in the event of a fire, or other emergency, or to expedite traffic, or to insure safety, to direct traffic as conditions may require, notwithstanding the provisions of law;&nbsp;</span></p> <p><span class="cls0">6. To require satisfactory proof of ownership of the contents of any motor vehicle, including livestock, poultry or the carcasses thereof. In the event that the proof of ownership is not satisfactory, it shall be the duty of the officer to take the motor vehicle, driver, and the contents of the motor vehicle into custody and deliver the same to the sheriff of the county wherein the cargo, motor vehicle and driver are taken into custody;&nbsp;</span></p> <p><span class="cls0">7. When on duty, upon reasonable belief that any vehicle is being operated in violation of any provisions of this title, or any other law regulating the operation of vehicles, to require the driver thereof to stop and exhibit his or her driver license and the certificate of registration issued for the vehicle, if required to be carried in the vehicle pursuant to paragraph 3 of subsection A of Section 1113 of this title, and submit to an inspection of such vehicle, the license plates and certificate of registration thereon, if applicable, or to any inspection and test of the equipment of such vehicle;&nbsp;</span></p> <p><span class="cls0">8. To inspect any vehicle of a type required to be registered hereunder in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registration thereof;&nbsp;</span></p> <p><span class="cls0">9. To serve all warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highways and bench warrants issued for nonpayment of fines and costs for moving traffic violations;&nbsp;</span></p> <p><span class="cls0">10. To investigate and report traffic collisions on all interstate and defense highways and on all highways outside of incorporated municipalities, and may investigate traffic collisions within any incorporated municipality upon request of the local law enforcement agency, and to secure testimony of witnesses or of persons involved;&nbsp;</span></p> <p><span class="cls0">11. To investigate reported thefts of motor vehicles, trailers and semitrailers;&nbsp;</span></p> <p><span class="cls0">12. To stop and inspect any motor vehicle or trailer for such mechanical tests as may be prescribed by the Commissioner to determine the roadworthiness of the vehicle. Any vehicle which may be found to be unsafe for use on the highways may be ordered removed from said highway until such alterations or repairs have been made that will render said vehicle serviceable for use on the highway;&nbsp;</span></p> <p><span class="cls0">13. To stop and inspect the contents of all motor vehicles to ascertain whether or not the provisions of all general laws are being observed;&nbsp;</span></p> <p><span class="cls0">14. To enforce the laws of the state relating to the registration and licensing of motor vehicles;&nbsp;</span></p> <p><span class="cls0">15. To enforce the laws relating to the operation and use of vehicles on the highway;&nbsp;</span></p> <p><span class="cls0">16. To enforce and prevent, on the roads of the state highway system, the violation of the laws relating to the size, weight, and speed of commercial motor vehicles and all laws designed for the protection of the highway pavements and structures on such highways;&nbsp;</span></p> <p><span class="cls0">17. To investigate and report to the Corporation Commission and the Oklahoma Tax Commission violation of their rules and the laws governing the transportation of persons and property by motor transportation companies and all other motor carriers for hire;&nbsp;</span></p> <p><span class="cls0">18. To investigate and report violations of all laws relating to the collection of excise taxes on motor vehicle fuels;&nbsp;</span></p> <p><span class="cls0">19. To regulate the movement of traffic on the roads of the state highway system;&nbsp;</span></p> <p><span class="cls0">20. Whenever possible, to determine persons causing or responsible for the breaking, damaging, or destruction of any improved surfaced roadway, structure, sign, marker, guardrail, or any other appurtenance constructed or maintained by the Department of Transportation, and to arrest persons responsible therefor and to bring them before the proper officials for prosecution;&nbsp;</span></p> <p><span class="cls0">21. To investigate incidents involving an employee of the Department, when such incidents are related to the performance of the duties of the employee; and&nbsp;</span></p> <p><span class="cls0">22. To initiate or assist in manhunts and fugitive apprehensions.&nbsp;</span></p> <p><span class="cls0">C. Whenever any person is arrested by a patrol officer for a traffic violation the provisions of Sections 16101 through 16114 of this title shall apply.&nbsp;</span></p> <p><span class="cls0">D. 1. Except as provided in this subsection, the powers and duties conferred on the Commissioner and officers of the Department of Public Safety shall not limit the powers and duties of sheriffs or other peace officers of the state or any political subdivision of the state.&nbsp;</span></p> <p><span class="cls0">2. The Oklahoma Highway Patrol Division shall have primary law enforcement authority respecting trafficrelated offenses upon the National System of Interstate and Defense Highways, and may have special law enforcement authority on those portions of the federal-aid primary highways and the state highway system which are located within the boundaries and on the outskirts of a municipality, and designated by the Commissioner of Public Safety for such special law enforcement authority. As used in this subsection &ldquo;outskirts of a municipality&rdquo; means and shall be determined by presence of the following factors:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;low land use density,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;absence of any school or residential subdivision requiring direct ingress or egress from the highway, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a scarcity of retail or commercial business abutting the highway.&nbsp;</span></p> <p><span class="cls0">3. The Commissioner may designate any portion of the National System of Interstate and Defense Highways, and those portions of the federal-aid primary highways and the state highway system which are located within the boundaries of and on the outskirts of a municipality for special traffic-related enforcement by the Oklahoma Highway Patrol Division and issue a written notice to any other law enforcement agency affected thereby. Upon receipt of such notice, the affected law enforcement agency shall not regulate traffic nor enforce traffic-related statutes or ordinances upon such designated portion of the National System of Interstate and Defense Highways or such designated portions of the federal-aid primary highways and the state highway system without prior coordination and written approval of the Commissioner.&nbsp;</span></p> <p><span class="cls0">E. 1. Any of the following persons may request the Commissioner to investigate the traffic-related enforcement practices of a municipal law enforcement agency whose jurisdiction includes portions of the federal-aid primary highways, the state highway system, or both located within the boundaries of and on the outskirts of the municipality:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the district attorney in whose jurisdiction the municipality is located,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a majority of the county commissioners, by resolution, of the county in which the municipality is located,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the State Auditor and Inspector,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the State Attorney General, or&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;a state legislator in whose district the municipality is located. &nbsp;</span></p> <p><span class="cls0">2. The request shall state that the requesting party believes the enforcement practices are being conducted:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;within the boundaries of and on the outskirts of the municipality, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;for the purpose of generating more than fifty percent (50%) of the revenue needed for the operation of the municipality.&nbsp;</span></p> <p><span class="cls0">3. Upon receipt of a request pursuant to this subsection, the Commissioner may investigate the traffic-related enforcement practices of the municipal law enforcement agency and the receipts and expenditures of the municipality. The law enforcement agency, the municipality, and the requesting party shall cooperate fully with the Commissioner in such an investigation. Upon the completion of the investigation, the Commissioner shall submit a report of the results of the investigation to the Attorney General, who shall make a determination within sixty (60) days of receipt of the report as to whether the enforcement practices of the municipal law enforcement agency are being conducted as provided in subparagraphs a and b of paragraph 2 of this subsection. Upon a determination that the enforcement practices are not being conducted in such a manner, the Attorney General shall notify the Commissioner in writing, and the Commissioner shall take no action to make a designation as provided in paragraph 3 of subsection D of this section. Upon a determination that the enforcement practices are being conducted as provided in subparagraphs a and b of paragraph 2 of this subsection, the Attorney General shall notify the Commissioner in writing, and the Commissioner shall make the designation of special traffic-related enforcement as provided in paragraph 3 of subsection D of this section, which shall stay in force for such time as determined by the Commissioner. The Department of Public Safety shall adopt rules to uniformly implement the procedures for initiating, investigating and reporting to the Attorney General the results of a request under the provisions of this subsection and the criteria for determining the length of time the designation of special traffic-related enforcement shall be in force.&nbsp;</span></p> <p><span class="cls0">F. Nothing in this section shall limit a member of the Oklahoma Highway Patrol Division from requesting assistance from any other law enforcement agency nor limit officers of such agency from rendering the requested assistance. The officer and the law enforcement agency responding to the request of the member of the Oklahoma Highway Patrol Division or sheriff&rsquo;s department shall have the same rights and immunities as are possessed by the Oklahoma Highway Patrol Division.&nbsp;</span></p> <p><span class="cls0">G. No state official shall have any power, right, or authority to command, order, or direct any commissioned law enforcement officer of the Department of Public Safety to perform any duty or service contrary to the provisions of this title or any other laws of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 328, &sect; 2-117, eff. Sept. 1, 1961. Amended by Laws 1982, c. 16, &sect; 1, emerg. eff. March 23, 1982; Laws 1987, c. 6, &sect; 15, emerg. eff. March 16, 1987; Laws 1990, c. 259, &sect; 4, eff. Sept. 1, 1990; Laws 1996, c. 324, &sect; 4; Laws 2003, c. 404, &sect; 1, eff. Nov. 1, 2003; Laws 2004, c. 418, &sect; 6, eff. July 1, 2004; Laws 2005, c. 190, &sect; 8, eff. Sept. 1, 2005; Laws 2007, c. 62, &sect; 8, emerg. eff. April 30, 2007; Laws 2007, c. 348, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;472117.1. Investigation and report of violation of rules and regulations governing transportation of persons and property.&nbsp;</span></p> <p><span class="cls0">A. It shall be the duty of the Oklahoma Tax Commission to investigate and report to the Corporation Commission and the Department of Public Safety violations of their rules and regulations and the laws governing the transportation of persons and property by motor transportation companies and all other motor carriers for hire.&nbsp;</span></p> <p><span class="cls0">B. It shall be the duty of the Corporation Commission to investigate and report to the Oklahoma Tax Commission and the Department of Public Safety violations of their rules and regulations and the laws governing the transportation of persons and property by motor transportation companies and all other motor carriers for hire.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1987, c. 6, &sect; 16, emerg. eff. March 16, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;472118. Administration of Division of Highway Patrol.&nbsp;</span></p> <p><span class="cls0">(a) The Commissioner shall require that the Division of Highway Patrol properly patrol the highways of this state and cooperate with sheriffs and police officers in enforcing the laws regulating the operation of vehicles and the use of highways.&nbsp;</span></p> <p><span class="cls0">(b) The Commissioner may establish a school for the training and education of the members of said Division in traffic regulation, the promotion of traffic safety and enforcement of the laws regulating the operation of vehicles and the use of the highways.&nbsp;</span></p> <p><span class="cls0">(c) All members of said Division when on duty shall be dressed in distinctive uniform and display a badge of office.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 330, &sect; 2118. &nbsp;</span></p> <p><span class="cls0">&sect;472119. Badge of authority Penalties.&nbsp;</span></p> <p><span class="cls0">The Commissioner shall issue to each member of the Division of Highway Patrol a badge of authority with the seal of this state in the center thereof, with the words "Oklahoma Highway Patrol" encircling said seal and below the designation of the position held by the member to whom issued. Every such badge shall be numbered or each number shall otherwise display a distinctive serial number.&nbsp;</span></p> <p><span class="cls0">1. Neither the Commissioner nor any other person shall issue any such badge to any person who is not a duly appointed and acting member of said Division.&nbsp;</span></p> <p><span class="cls0">2. Any person who without authority wears the badge of a member of said Division, or a badge of similar design which would tend to deceive anyone, is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">3. Any person who impersonates a member of said Division or other officer or employee of the Department with intent to deceive anyone, or who without authority wears a uniform likely to be confused with the official uniform of any such officer, is guilty of a misdemeanor.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 330, &sect; 2119. &nbsp;</span></p> <p><span class="cls0">&sect;472120. Transportation for Attorney General.&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety is authorized to provide radioequipped transportation for the Attorney General of the State of Oklahoma.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1971, c. 227, &sect; 4, emerg. eff. June 12, 1971. &nbsp;</span></p> <p><span class="cls0">&sect;472121. Legal division.&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety shall establish or provide for a Legal Division and the Commissioner may employ attorneys as needed, which may be on fulltime or parttime basis, which attorneys, in addition to advising the Commissioner, Highway Patrol and other Department personnel on legal matters, may appear for and represent the Commissioner, Highway Patrol and Department in administrative hearings and other legal actions and proceedings. Provided, that it shall continue to be the duty of the Attorney General to give his official opinion to the Commissioner and to prosecute and defend actions therefor, if requested to do so.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1971, c. 354, &sect; 7, operative July 1, 1971. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-122. Receipt of funds - Law enforcement training centers - Drug Abuse Resistance Education Program - Petty cash fund.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner of Public Safety is authorized to receive funds from gifts, federal and state agency sources, state and local agency employees, and tuition and fees for room and meals from users of the Robert R. Lester Training Center and other training facilities of the Department of Public Safety. All amounts collected shall be deposited in the State Treasury to the credit of the Department of Public Safety Revolving Fund.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner or designee is authorized to receive contributions, gifts and donations for the sole benefit and operation of the education programs of the Department including, but not limited to, the Drug Abuse Resistance Education (D.A.R.E.) Program. All monies received by the Commissioner or designee pursuant to this subsection shall be deposited to the credit of the Department of Public Safety Restricted Revolving Fund and shall be expended by the Department solely for the purposes of the operation of the education programs of the Department. All other property received by the Commissioner or designee pursuant to this subsection shall be held by the Department in trust under the terms and conditions imposed by the donors, and title to any and all property acquired, granted or donated to the Department shall be taken in the name of the state to be held for the use and benefit of such education programs of the Department under the conditions of the grants or donations. Provided, however, no real property shall be accepted by the Commissioner or designee for the purposes of this subsection.&nbsp;</span></p> <p><span class="cls0">C. There is hereby created a petty cash fund for the Department of Public Safety. Said fund shall be used by the Department to operate cash drawers as necessary. The amount of the petty cash fund shall be determined by the Director of the Office of Management and Enterprise Services and the Commissioner of Public Safety. Purchases from the petty cash fund shall be prohibited. The Director of the Office of Management and Enterprise Services shall be authorized to prescribe forms, systems and procedures for the administration of the petty cash fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1972, c. 84, &sect; 4, emerg. eff. March 28, 1972. Amended by Laws 1983, c. 286, &sect; 12, operative July 1, 1983; Laws 1987, c. 5, &sect; 148, emerg. eff. March 11, 1987; Laws 1988, c. 290, &sect; 11, operative July 1, 1988; Laws 1990, c. 258, &sect; 62, operative July 1, 1990; Laws 1994, c. 218, &sect; 4, eff. July 1, 1994; Laws 1997, c. 211, &sect; 1, eff. Nov. 1, 1997; Laws 2002, c. 397, &sect; 8, eff. Nov. 1, 2002; Laws 2011, c. 335, &sect; 4; Laws 2012, c. 283, &sect; 2, eff. July 1, 2012; Laws 2012, c. 304, &sect; 164.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;472122.1. Acquisition of federal funds.&nbsp;</span></p> <p><span class="cls0">All funds appropriated to the Department of Public Safety may be used and expended in conjunction or cooperation with any federal agency or instrumentality under such terms and conditions considered appropriate or necessary by the Commissioner of Public Safety to obtain grants or federal aid assistance in accordance with state law. The Department of Public Safety is hereby authorized to collect, receive and use any and all grants, reimbursements, or courtordered forfeitures made available through any agency or instrumentality of the federal government, provided, however, such funds shall be deposited in the State Treasury and disbursed in accordance with the agreement between the Department of Public Safety and the applicable federal agency or instrumentality.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 290, &sect; 23, operative July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-122.2. Employee performance program &ndash; Recognition awards.&nbsp;</span></p> <p><span class="cls0">A. The Commissioner of Public Safety is authorized to establish an employee performance recognition program that encourages outstanding job performance and productivity within the Department of Public Safety. The Commissioner is authorized to expend funds for:&nbsp;</span></p> <p><span class="cls0">1. The purchase of recognition awards to be presented to work units or individual employees having exceptional job performance records or other significant contributions to the operation of the Department; and&nbsp;</span></p> <p><span class="cls0">2. A formal ceremony or banquet where the awards may be presented.&nbsp;</span></p> <p><span class="cls0">B. Recognition awards may consist of distinctive wearing apparel, service pins, plaques, writing pens, or other distinguished awards of a value not exceeding One Hundred Fifty Dollars ($150.00) per award to recognize the achievement of the work unit or individual employee. In addition to recognition awards, the Commissioner may establish an employee benefit program not exceeding Twenty-five Thousand Dollars ($25,000.00) each fiscal year for cash awards to recognize outstanding performance in the workplace by Department employees.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 146, &sect; 1, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-122.3. Ownership, training and use of canines.&nbsp;</span></p> <p><span class="cls0">A. The Legislature finds and declares that it is in the public interest:&nbsp;</span></p> <p><span class="cls0">1. For the Department of Public Safety to acquire, house and train canines to assist in explosives detection, to seek out and discover controlled dangerous substances, to perform drug interdiction, to perform patrol activities, to perform article searches, to provide officer protection, and to engage in tracking in order to assist in the apprehension and arrest of criminals or those reasonably believed to be criminals or engaged in a criminal activity; and&nbsp;</span></p> <p><span class="cls0">2. To kennel each canine with its full-time trainer-handler, who shall be the primary caregiver of the canine.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner of Public Safety is hereby authorized, and it is hereby deemed to be a public function of the Department of Public Safety:&nbsp;</span></p> <p><span class="cls0">1. To own, train and use canines for the purposes described in subsection A of this section;&nbsp;</span></p> <p><span class="cls0">2. To house each canine of the Department with the particular trainer-handler of the canine; and&nbsp;</span></p> <p><span class="cls0">3. To pay from any monies available to the Department for the construction and repair expenses of a kennel for each canine of the Department on the private property of the trainer-handler of the canine.&nbsp;</span></p> <p><span class="cls0">C. Construction and repair expenses of a kennel shall include, but not be limited to, minor improvements to the real property of the trainer-handler, such as a necessary concrete slab for the kennel floor, kennel water line and spigot, kennel fencing, and shelter, all of which may be affixed to the real property of the trainer-handler. Fixtures to real property approved herein may also include a drainage and septic system for sanitary purposes, but only in the case which is the result of numerous canines, such as those used for tracking, kenneled at a particular location.&nbsp;</span></p> <p><span class="cls0">D. Any kennel facilities authorized by this section shall only be used for the kenneling of, caring for, and training of state-owned canines and shall be reasonable in both size and cost.&nbsp;</span></p> <p><span class="cls0">E. Any expenditure made under the provisions of this section shall be overseen and approved by the Commissioner, or his or her designee, prior to being incurred, unless the Commissioner specifically provides an exception; provided, under all circumstances the Commissioner shall retain complete control over the expenditures and shall establish internal procedures and guidelines for the expenditures and the eligibility of anyone to receive such expenditures.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 297, &sect; 1, emerg. eff. June 2, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-123. Sale and auction of used vehicles, used emergency vehicle equipment, and forfeited property.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety is hereby authorized to make available for sale used vehicles and used emergency vehicle equipment to any federal, state, county or municipal agency, public school district, or any reserve deputy, reserve officer, or firefighter who furnishes their own vehicle for the performance of their duty.&nbsp;</span></p> <p><span class="cls0">B. The Department of Public Safety is hereby authorized to make available for sale at public auction any used vehicles, used emergency vehicle equipment, and any property forfeited to the Department.&nbsp;</span></p> <p><span class="cls0">C. The Department of Public Safety shall promulgate rules for the sale and auction of used vehicles, used emergency vehicle equipment, and forfeited property.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1974, c. 283, &sect; 5, emerg. eff. May 29, 1974. Amended by Laws 1979, c. 45, &sect; 1, eff. Oct. 1, 1979; Laws 1983, c. 304, &sect; 21, eff. July 1, 1983; Laws 1995, c. 47, &sect; 1, eff. Nov. 1, 1995; Laws 2001, c. 90, &sect; 1, eff. July 1, 2001; Laws 2009, c. 216, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-124. Law Enforcement Telecommunications Systems Division - Creation.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created within the Department of Public Safety an Oklahoma Law Enforcement Telecommunication Systems Division.&nbsp;</span></p> <p><span class="cls0">B. The Division shall:&nbsp;</span></p> <p><span class="cls0">1. Operate and maintain an on-line, realtime computer system and a statewide law enforcement data communication network;&nbsp;</span></p> <p><span class="cls0">2. Utilize and distribute information on vehicle registration, driver records, criminals and the commission of crimes;&nbsp;</span></p> <p><span class="cls0">3. Be responsible for the coordination of user agencies with the National Crime Information Center in Washington, D.C., and the National Law Enforcement Telecommunication System, or its successor;&nbsp;</span></p> <p><span class="cls0">4. Be the central access and control point for Oklahoma's input, retrieval and exchange of law enforcement information in the National Crime Information Center and the National Law Enforcement Telecommunication System; and&nbsp;</span></p> <p><span class="cls0">5. Provide user agencies a data communication network, in order to exchange and distribute law enforcement data rapidly, and training in the use of the Oklahoma Law Enforcement Telecommunication Systems.&nbsp;</span></p> <p><span class="cls0">C. The statewide law enforcement data communications network shall be a part of the Oklahoma Government Telecommunications Network (OGTN) created in Section 34.23 of Title 62 of the Oklahoma Statutes; provided, however, the Department of Public Safety may continue to operate, maintain and enhance the statewide law enforcement data communications network; provided, however, the Department of Public Safety shall submit all plans for the enhancement of the statewide law enforcement communications network to the Office of Management and Enterprise Services for review and approval. The Department of Public Safety shall participate with the Office of Management and Enterprise Services in joint efforts to provide services for the OGTN.&nbsp;</span></p> <p><span class="cls0">D. All criminal justice agencies disseminating criminal history information derived from the National Crime Information Center's criminal history file shall maintain a record of dissemination in accordance with federal law as well as rules promulgated by the National Crime Information Center and the Commissioner of Public Safety.&nbsp;</span></p> <p><span class="cls0">E. The Oklahoma Law Enforcement Telecommunication Systems Division shall have the authority to audit state and local law enforcement and criminal justice agencies to ensure compliance with federal laws as well as rules of the Department of Public Safety which pertain to the Oklahoma Law Enforcement Telecommunication Systems.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 324, &sect; 1, emerg. eff. June 12, 1975. Amended by Laws 1992, c. 268, &sect; 3, eff. Sept. 1, 1992; Laws 2002, c. 397, &sect; 9, eff. Nov. 1, 2002; Laws 2012, c. 304, &sect; 165.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-124.1. Arrest warrant identification information - Dissemination.&nbsp;</span></p> <p><span class="cls0">A. The Office of the Administrative Director of the Courts shall provide to the Department of Public Safety current computerized arrest warrant identification information for dissemination to the users of the Oklahoma Law Enforcement Telecommunication Systems.&nbsp;</span></p> <p><span class="cls0">B. The Commissioner of the Department of Public Safety shall have the authority to audit state and local law enforcement agencies to ensure compliance with applicable state and federal laws pertaining to the dissemination of arrest warrant identification information.&nbsp;</span></p> <p><span class="cls0">C. No cause of action shall arise, nor shall any liability be imposed against any personnel within the Office of the Administrative Director of the Courts, the district courts, the offices of the district court clerks or any personnel of the Department of Public Safety for communicating or delivering information or data pursuant to the provisions of this section, if such communication or delivery was performed in good faith and without fraudulent intent and in accordance with the established standards and guidelines.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1994, c. 181, &sect; 1, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-125. Deposit of funds.&nbsp;</span></p> <p><span class="cls0">The Commissioner of Public Safety shall deposit in the State Treasury to the credit of the Department of Public Safety Restricted Revolving Fund any monies that are derived from user fees and installation costs paid by subscribers for terminals that are a part of the Oklahoma Law Enforcement Telecommunication Systems. In addition to other purposes authorized by law, expenditures from the Fund shall be used for purchases of terminal equipment, installation costs, personnel, and other operating expenses of the Oklahoma Law Enforcement Telecommunication Systems.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 324, &sect; 2, emerg. eff. June 12, 1975. Amended by Laws 1976, c. 241, &sect; 9, emerg. eff. June 15, 1976; Laws 1983, c. 286, &sect; 13, operative July 1, 1983; Laws 1987, c. 5, &sect; 149, emerg. eff. March 11, 1987; Laws 1988, c. 290, &sect; 12, operative July 1, 1988; Laws 2012, c. 283, &sect; 3, eff. July 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;472126. Rules.&nbsp;</span></p> <p><span class="cls0">The Commissioner of Public Safety may promulgate rules as may be necessary to carry out the provisions of Sections 2-124 through 2-129 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 324, &sect; 3, emerg. eff. June 12, 1975. Amended by Laws 2002, c. 397, &sect; 10, eff. Nov. 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-127. Repealed by Laws 1983, c. 304, &sect; 182, eff. July 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;472128. Transfer of personnel and assets.&nbsp;</span></p> <p><span class="cls0">All personnel employed by the Commission on Criminal and Traffic Law Enforcement System and all funds, records, equipment, furniture, fixtures, files and supplies of whatsoever kind and character now under the jurisdiction and control of the Commission are hereby transferred to the Department of Public Safety. All employees so transferred shall be in the classified service of the Merit System of Personnel Administration and shall be transferred at present salaries with all accrued annual and sick leave.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1975, c. 324, &sect; 5, emerg. eff. June 12, 1975. &nbsp;</span></p> <p><span class="cls0">&sect;472129. Custody and dissemination of confidential and privileged information.&nbsp;</span></p> <p><span class="cls0">A. Any person charged with the custody and dissemination of confidential and privileged information or in receipt of such information from the statewide law enforcement data communications network provided for in Section 2-124 of this title shall neither divulge nor disclose any such information except to federal, state, county or city law enforcement or criminal justice agencies.&nbsp;</span></p> <p><span class="cls0">B. Any person charged with the custody and dissemination of confidential and privileged information shall not without authorization utilize the Oklahoma Law Enforcement Telecommunication System for any reason.&nbsp;</span></p> <p><span class="cls0">C. Any person violating the provisions of this section upon conviction shall be deemed guilty of a misdemeanor punishable by imprisonment in the county jail for not more than one (1) year.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 324, &sect; 6, emerg. eff. June 12, 1975. Amended by Laws 1992, c. 268, &sect; 4, eff. Sept. 1, 1992; Laws 1993, c. 25, &sect; 1, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;472130. Expense allowance for certain employees.&nbsp;</span></p> <p><span class="cls0">A. An expense allowance of One Hundred Fifty Dollars ($150.00) per month for maintenance and cleaning of uniforms, continuing law enforcement education, purchase of practice ammunition, and other related expenses shall be paid to all commissioned law enforcement officers of the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">B. An expense allowance of One Hundred Dollars ($100.00) per month for maintenance and cleaning of uniforms, continuing law enforcement education, purchase of practice ammunition, and other related expenses shall be paid to each of the following employees:&nbsp;</span></p> <p><span class="cls0">1. Cadets while members of a patrol academy or during employment while on provisional or probationary status; and&nbsp;</span></p> <p><span class="cls0">2. Law enforcement personnel on provisional or probationary status.&nbsp;</span></p> <p><span class="cls0">C. An expense allowance of One Hundred Dollars ($100.00) per month for maintenance and cleaning of uniforms and other related expenses shall be paid to all other uniformed employees of the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">Laws 1978, c. 270, &sect; 5, emerg. eff. May 10, 1978; Laws 1980, c. 350, &sect; 6, eff. July 1, 1980; Laws 1982, c. 352, &sect; 14, operative July 1, 1982; Laws 1983, c. 286, &sect; 14, operative July 1, 1983; Laws 1988, c. 290, &sect; 13, operative July 1, 1988; Laws 1992, c. 302, &sect; 2, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;472130.1. Additional compensation for irregular shift hours and twentyfourhour call employees.&nbsp;</span></p> <p><span class="cls0">Subject to the availability of funds, the Commissioner of Public Safety is authorized to pay up to an additional Fifty Dollars ($50.00) per month to any employee of the Department who works irregular shift hours or who is subject to twentyfourhour call.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1983, c. 286, &sect; 15, operative July 1, 1983. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-131. Repealed by Laws 1995, c. 294, &sect; 4, eff. July 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-132. Repealed by Laws 2003, c. 279, &sect; 15, emerg. eff. May 26, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;472133. Psychological Services Division Director Internship program.&nbsp;</span></p> <p><span class="cls0">A. There is hereby established in the Department of Public Safety a Division to be known as the Psychological Services Division. The Commissioner of Public Safety is authorized to appoint a Director of Psychological Services and to employ such clerical, support personnel and interns on a fulltime or parttime basis as may be necessary to perform the duties imposed upon the Division.&nbsp;</span></p> <p><span class="cls0">B. The Director of Psychological Services shall possess a doctorate in psychology, shall be licensed by the State Board of Examiners of Psychologists and shall have not less than five (5) years' experience in law enforcement.&nbsp;</span></p> <p><span class="cls0">C. Prior to the establishment of any psychology internship program, the Director of Psychological Services shall submit a plan for such program to the State Board of Examiners of Psychologists for approval. Such program shall meet all requirements of the rules and regulations of the Board.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-134. Repealed by Laws 1998, c. 245, &sect; 10, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-135. Repealed by Laws 1998, c. 245, &sect; 10, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-136. Repealed by Laws 1998, c. 245, &sect; 10, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140. Repealed by Laws 1998, c. 245, &sect; 11, eff. Jan. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140.1. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140.2. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140.3. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140.4. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140.5. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140.6. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140.7. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140.8. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140.9. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140.10. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-140.11. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-141. Repealed by Laws 1998, c. 245, &sect; 12, eff. Jan. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-142. Computer Imaging System Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Department of Public Safety, to be designated the "Computer Imaging System Revolving Fund". The fund shall be a continuing fund not subject to fiscal year limitations. All monies accruing to the credit of said fund are hereby appropriated and shall be budgeted and expended by the Department for the exclusive purpose of implementing, developing, administering, and maintaining the computer imaging system of the Department of Public Safety. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 361, &sect; 8, eff. July 1, 2001. Amended by Laws 2012, c. 304, &sect; 166.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-143. Department of Public Safety Patrol Vehicle Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Department of Public Safety, to be designated the "Department of Public Safety Patrol Vehicle Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations. All monies accruing to the credit of the fund are hereby appropriated and shall be budgeted and expended by the Department for the purpose of purchasing, equipping, and maintaining of patrol vehicles and patrol aircraft and for any other purpose related to the duties and responsibilities of the Transportation Division of the Department, as well as any other operational expenses of the Oklahoma Highway Patrol. No monies shall be expended from this fund without expressed authorization by the Legislature. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 179, &sect; 3, emerg. eff. May 12, 1997. Renumbered from &sect; 854.1 of this title by Laws 2001, c. 435, &sect; 15, eff. July 1, 2001. Amended by Laws 2003, c. 461, &sect; 7, eff. July 1, 2003; Laws 2011, c. 226, &sect;2; Laws 2011, c. 335, &sect; 5; Laws 2012, c. 304, &sect; 167.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Editorially renumbered from &sect; 2-142 of this title to avoid duplication in numbering.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-144.1. Department of Public Safety Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Department of Public Safety to be designated the Department of Public Safety Revolving Fund. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all money received by the Department of Public Safety from:&nbsp;</span></p> <p><span class="cls0">1. Sale of surplus property;&nbsp;</span></p> <p><span class="cls0">2. Insurance and other reimbursements for damaged, lost or stolen property;&nbsp;</span></p> <p><span class="cls0">3. Reimbursement for services of Department personnel as approved by the Department if such personnel are representing the Department or are in any uniform of the Department;&nbsp;</span></p> <p><span class="cls0">4. Reimbursement for supplies or facsimile or data transmissions or for contractual services or products not otherwise provided by law;&nbsp;</span></p> <p><span class="cls0">5. Fees and costs paid by subscribers to the Oklahoma Law Enforcement Telecommunications Systems;&nbsp;</span></p> <p><span class="cls0">6. Refund of federal gasoline tax;&nbsp;</span></p> <p><span class="cls0">7. Reimbursements by federal, state and municipal government agencies for the use of Department of Public Safety airplanes;&nbsp;</span></p> <p><span class="cls0">8. Fees from users of the Robert R. Lester Training Center or other Department of Public Safety training facilities;&nbsp;</span></p> <p><span class="cls0">9. Federal funds, unless otherwise provided by federal law or regulation; and&nbsp;</span></p> <p><span class="cls0">10. Any other funds received pursuant to law and designated for deposit into the fund.&nbsp;</span></p> <p><span class="cls0">B. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Department of Public Safety for the operating expenses of the Department.&nbsp;</span></p> <p><span class="cls0">C. The Director of the Office of the Office of Management and Enterprise Services shall provide a distinct numbering system for the identification and tracking of the expenditures of the various programs budgeted from the revolving fund.&nbsp;</span></p> <p><span class="cls0">D. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 397, &sect; 14, eff. Nov. 1, 2002. Amended by Laws 2005, c. 361, &sect; 2, eff. Nov. 1, 2005; Laws 2011, c. 335, &sect; 6; Laws 2012, c. 283, &sect; 4, eff. July 1, 2012; Laws 2012, c. 304, &sect; 168.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-145. Department of Public Safety Restricted Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created in the State Treasury a revolving fund for the Department of Public Safety, to be designated the "Department of Public Safety Restricted Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations. All monies accruing to the credit of said fund are hereby appropriated and shall be budgeted and expended by the Department of Public Safety for the restricted purposes of the monies as prescribed by law. Expenditures from said funds shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">B. Any statutory references to the Department of Public Safety Revolving Fund shall mean the Department of Public Safety Restricted Revolving Fund, as provided for in this section, whenever the expenditure of the monies is restricted by law.&nbsp;</span></p> <p><span class="cls0">C. The Department of Public Safety shall transfer all funds, for which expenditure is restricted by law, from the Department of Public Safety Revolving Fund to the Department of Public Safety Restricted Revolving Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 308, &sect; 1, eff. July 1, 2011. Amended by Laws 2012, c. 304, &sect; 169.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-146. Department of Public Safety Patrol Academy Revolving Fund.&nbsp;</span></p> <p><span class="cls0">There is hereby created in the State Treasury a revolving fund for the Department of Public Safety, to be designated the "Department of Public Safety Patrol Academy Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations. All monies accruing to the credit of said fund are hereby appropriated and shall be budgeted and expended by the Department of Public Safety for the exclusive purpose of Oklahoma Highway Patrol Trooper Academies. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 308, &sect; 2, eff. July 1, 2011. Amended by Laws 2012, c. 304, &sect; 170.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-150. Weapons, badges and official license plates - Retention after retirement.&nbsp;</span></p> <p><span class="cls0">A. A commissioned officer of the Oklahoma Highway Patrol Division of the Department of Public Safety shall be entitled to receive upon retirement, by reason of length of service or physical disability, the continued custody and possession of the sidearm and badge carried by the retired officer immediately prior to retirement. In addition to the sidearm carried by the retired officer immediately prior to retirement, the retired officer may purchase the rifle or shotgun, or both, issued to the retired officer immediately prior to retirement. The cost of purchasing the weapon or weapons shall be the replacement cost for a new weapon or weapons and upon payment of that price, the retired officer shall be entitled to ownership of the weapon or weapons. Any records regarding the ownership of each weapon transferred shall be modified to reflect the transfer to the retired officer. Proceeds from the purchase of the weapon or weapons shall be deposited in the Department of Public Safety Revolving Fund.&nbsp;</span></p> <p><span class="cls0">B. A commissioned officer of the Oklahoma Highway Patrol Division of the Department of Public Safety shall be entitled to receive, upon retirement, the continued custody and possession of the official license plate issued for the vehicle that was assigned to the retired officer immediately prior to retirement, provided the license plate shall not be placed on any motor vehicle. The provisions of this subsection shall apply to any officer retiring on or after April 1, 1993, if the official license plate is available.&nbsp;</span></p> <p><span class="cls0">C. Custody and possession of the sidearm, one complete uniform, badge and official license plate of a commissioned officer of the Oklahoma Highway Patrol Division of the Department of Public Safety who dies during his or her appointment may be awarded by the Commissioner to the spouse or next-of-kin of the deceased officer, provided the license plate shall not be placed on any motor vehicle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 2, &sect; 1, emerg. eff. Feb. 1, 1967. Amended by Laws 1980, c. 357, &sect; 22, eff. July 1, 1980; Laws 1986, c. 279, &sect; 12, operative July 1, 1986; Laws 1988, c. 267, &sect; 27, operative July 1, 1988; Laws 1993, c. 277, &sect; 3, eff. July 1, 1993; Laws 1994, c. 194, &sect; 2, eff. Sept. 1, 1994; Laws 1995, c. 16, &sect; 1, eff. Nov. 1, 1995; Laws 1996, c. 181, &sect; 1, eff. Nov. 1, 1996; Laws 2000, c. 378, &sect; 4, eff. Jan. 1, 2001. Renumbered from &sect; 2-313 of this title by Laws 2000, c. 378, &sect; 5, eff. Jan. 1, 2001. Amended by Laws 2007, c. 62, &sect; 9, emerg. eff. April 30, 2007; Laws 2011, c. 104, &sect; 3, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-201. Repealed by Laws 2000, c. 189, &sect; 14, eff. July 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-300. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in Section 2-300 et seq. of this title:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;System&rdquo; means the Oklahoma Law Enforcement Retirement System;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Act&rdquo; means Section 2-300 et seq. of this title;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Board&rdquo; means the Oklahoma Law Enforcement Retirement Board of the System;&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Executive Director&rdquo; means the managing officer of the System employed by the Board;&nbsp;</span></p> <p><span class="cls0">5. &ldquo;Fund&rdquo; means the Oklahoma Law Enforcement Retirement Fund;&nbsp;</span></p> <p><span class="cls0">6.&nbsp;&nbsp;a.&nbsp;&nbsp;&ldquo;Member&rdquo; means:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;all commissioned law enforcement officers of the Oklahoma Highway Patrol Division of the Department of Public Safety who have obtained certification from the Council on Law Enforcement Education and Training, and all cadets of a Patrol Academy of the Department of Public Safety,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;law enforcement officers and criminalists of the Oklahoma State Bureau of Investigation,&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;law enforcement officers of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control designated to perform duties in the investigation and prevention of crime and the enforcement of the criminal laws of this state,&nbsp;</span></p> <p class="cls6"><span class="cls0">(4)&nbsp;&nbsp;law enforcement officers of the Oklahoma Alcoholic Beverage Laws Enforcement Commission designated to perform duties in the investigation and prevention of crime and the enforcement of the criminal laws of this state,&nbsp;</span></p> <p class="cls6"><span class="cls0">(5)&nbsp;&nbsp;employees of the Communications Section of the Oklahoma Highway Patrol Division, radio technicians, and tower technicians of the Department of Public Safety, who are employed in any such capacity as of June 30, 2008, and who remain employed on or after July 1, 2008, until a termination of service, or until a termination of service with an election of a vested benefit from the System, or until retirement. Effective July 1, 2008, a person employed for the first time as an employee of the Department of Public Safety in the Communications Division as an information systems telecommunication technician of the Department of Public Safety shall not be a member of the System,&nbsp;</span></p> <p class="cls6"><span class="cls0">(6)&nbsp;&nbsp;park rangers of the Oklahoma Tourism and Recreation Department and any park manager or park supervisor of the Oklahoma Tourism and Recreation Department who was employed in such a position prior to July 1, 1985, and who elects on or before September 1, 1996, to participate in the System, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(7)&nbsp;&nbsp;inspectors of the Board of Pharmacy and investigators of the Board of Dentistry.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Effective July 1, 1987, a member does not include a &ldquo;leased employee&rdquo; as defined under Section 414(n)(2) of the Internal Revenue Code of 1986, as amended. Effective July 1, 1999, any individual who agrees with the participating employer that the individual&rsquo;s services are to be performed as a leased employee or an independent contractor shall not be a member regardless of any classification as a common-law employee by the Internal Revenue Service or any other governmental agency, or any court of competent jurisdiction.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;All persons who shall be offered a position of a commissioned law enforcement officer as an employee of one of the agencies described in subparagraph a of this paragraph shall participate in the System upon the person meeting the requisite post-offer-pre-employment physical examination standards which shall be subject to the following requirements:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;all such persons shall be of good moral character, free from deformities, mental or physical conditions, or disease and alcohol or drug addiction which would prohibit the person from performing the duties of a law enforcement officer,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the physical-medical examination shall pertain to age, sight, hearing, agility and other conditions the requirements of which shall be established by the Board,&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;the person shall be required to meet the conditions of this subsection prior to the beginning of actual employment but after an offer of employment has been tendered by a participating employer,&nbsp;</span></p> <p class="cls6"><span class="cls0">(4)&nbsp;&nbsp;the Board shall have authority to deny or revoke membership of any person submitting false information in such person&rsquo;s membership application, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(5)&nbsp;&nbsp;the Board shall have final authority in determining eligibility for membership in the System, pursuant to the provisions of this subsection;&nbsp;</span></p> <p><span class="cls0">7. &ldquo;Normal retirement date&rdquo; means the date at which the member is eligible to receive the unreduced payments of the member&rsquo;s accrued retirement benefit. Such date shall be the first day of the month coinciding with or following the date the member:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;completes twenty (20) years of vesting service, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;attains sixty-two (62) years of age with ten (10) years of vesting service, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;attains sixty-two (62) years of age, if:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the member has been transferred to this System from the Oklahoma Public Employees Retirement System on or after July 1, 1981, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the member would have been vested had the member continued to be a member of the Oklahoma Public Employees Retirement System.&nbsp;</span></p> <p><span class="cls0">With respect to distributions under the System made for calendar years beginning on or after January 1, 2005, the System shall apply the minimum distribution incidental benefit requirements, incidental benefit requirements, and minimum distribution requirements of Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, in accordance with the final regulations under Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, which were issued in April 2002 and June 2004, notwithstanding any provision of the System to the contrary. With respect to distributions under the System made for calendar years beginning on or after January 1, 2001, through December 31, 2004, the System shall apply the minimum distribution requirements and incidental benefit requirements of Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, in accordance with the regulations under Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, which were proposed in January 2001, notwithstanding any provision of the System to the contrary.&nbsp;</span></p> <p><span class="cls0">Effective July 1, 1989, notwithstanding any other provision contained herein to the contrary, in no event shall commencement of distribution of the accrued retirement benefit of a member be delayed beyond April 1 of the calendar year following the later of: (1) the calendar year in which the member reaches seventy and one-half (70 1/2) years of age; or (2) the actual retirement date of the member. The preceding sentence does not allow deferral of benefit commencement beyond the age of sixty-five (65).&nbsp;</span></p> <p><span class="cls0">Effective September 8, 2009, notwithstanding anything to the contrary of the System, the System, which as a governmental plan (within the meaning of Section 414(d) of the Internal Revenue Code of 1986, as amended), is treated as having complied with Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, for all years to which Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, applies to the System if the System complies with a reasonable and good faith interpretation of Section 401(a)(9) of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">A member who was required to join the System effective July 1, 1980, because of the transfer of the employing agency from the Oklahoma Public Employees Retirement System to the System, and was not a member of the Oklahoma Public Employees Retirement System on the date of such transfer shall be allowed to receive credit for prior law enforcement service rendered to this state, if the member is not receiving or eligible to receive retirement credit or benefits for such service in any other public retirement system, upon payment to the System of the employee contribution the member would have been subject to had the member been a member of the System at the time, plus five percent (5%) interest. Service credit received pursuant to this paragraph shall be used in determining the member&rsquo;s retirement benefit, and shall be used in determining years of service for retirement or vesting purposes;&nbsp;</span></p> <p><span class="cls0">8. &ldquo;Actual paid base salary&rdquo; means the salary received by a member, excluding payment for any accumulated leave or uniform allowance. Salary shall include any amount of nonelective salary reduction under Section 414(h) of the Internal Revenue Code of 1986;&nbsp;</span></p> <p><span class="cls0">9. &ldquo;Final average salary&rdquo; means the average of the highest thirty (30) consecutive complete months of actual paid gross salary. Gross salary shall include any amount of elective salary reduction under Section 457 of the Internal Revenue Code of 1986, as amended, and any amount of nonelective salary reduction under Section 414(h) of the Internal Revenue Code of 1986, as amended. Effective July 1, 1992, gross salary shall include any amount of elective salary reduction under Section 125 of the Internal Revenue Code of 1986, as amended. Effective July 1, 1998, gross salary shall include any amount of elective salary reduction not includable in the gross income of the member under Section 132(f)(4) of the Internal Revenue Code of 1986, as amended. Effective July 1, 1998, for purposes of determining a member&rsquo;s compensation, any contribution by the member to reduce his or her regular cash remuneration under Section 132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be treated as if the member did not make such an election. Only salary on which required contributions have been made may be used in computing the final average salary. Gross salary shall not include severance pay.&nbsp;</span></p> <p><span class="cls0">In addition to other applicable limitations, and notwithstanding any other provision to the contrary, for plan years beginning on or after July 1, 2002, the annual gross salary of each &ldquo;Noneligible Member&rdquo; taken into account under the System shall not exceed the Economic Growth and Tax Relief Reconciliation Act of 2001 (&ldquo;EGTRRA&rdquo;) annual salary limit. The EGTRRA annual salary limit is Two Hundred Thousand Dollars ($200,000.00), as adjusted by the Commissioner for increases in the cost of living in accordance with Section 401(a)(17)(B) of the Internal Revenue Code of 1986, as amended. The annual salary limit in effect for a calendar year applies to any period, not exceeding twelve (12) months, over which salary is determined (&ldquo;determination period&rdquo;) beginning in such calendar year. If a determination period consists of fewer than twelve (12) months, the EGTRRA salary limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is twelve (12). For purposes of this section, a &ldquo;Noneligible Member&rdquo; is any member who first became a member during a plan year commencing on or after July 1, 1996.&nbsp;</span></p> <p><span class="cls0">For plan years beginning on or after July 1, 2002, any reference in the System to the annual salary limit under Section 401(a)(17) of the Internal Revenue Code of 1986, as amended, shall mean the EGTRRA salary limit set forth in this provision.&nbsp;</span></p> <p><span class="cls0">Effective January 1, 2008, gross salary for a plan year shall also include gross salary, as described above, for services, but paid by the later of two and one-half (2 1/2) months after a member&rsquo;s severance from employment or the end of the calendar year that includes the date the member terminated employment, if it is a payment that, absent a severance from employment, would have been paid to the member while the member continued in employment with the employer.&nbsp;</span></p> <p><span class="cls0">Effective January 1, 2008, any payments not described above shall not be considered gross salary if paid after severance from employment, even if they are paid by the later of two and one-half (2 1/2) months after the date of severance from employment or the end of the calendar year that includes the date of severance from employment, except payments to an individual who does not currently perform services for the employer by reason of qualified military service within the meaning of Section 414(u)(5) of the Internal Revenue Code of 1986, as amended, to the extent these payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the employer rather than entering qualified military service.&nbsp;</span></p> <p><span class="cls0">Effective January 1, 2008, back pay, within the meaning of Section 1.415(c)-2(g)(8) of the Income Tax Regulations, shall be treated as gross salary for the limitation year to which the back pay relates to the extent the back pay represents wages and compensation that would otherwise be included in this definition.&nbsp;</span></p> <p><span class="cls0">Effective for years beginning after December 31, 2008, gross salary shall also include differential wage payments under Section 414(u)(12) of the Internal Revenue Code of 1986, as amended;&nbsp;</span></p> <p><span class="cls0">10. &ldquo;Credited service&rdquo; means the period of service used to determine the amount of benefits payable to a member. Credited service shall consist of the period during which the member participated in the System or the predecessor Plan as an active employee in an eligible membership classification, plus any service prior to the establishment of the predecessor Plan which was credited under the predecessor Plan and for law enforcement officers and criminalists of the Oklahoma State Bureau of Investigation and the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control who became members of the System on July 1, 1980, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1980, and for members of the Communications and Lake Patrol Divisions of the Oklahoma Department of Public Safety, who became members of the System on July 1, 1981, any service credited under the predecessor Plan or the Oklahoma Public Employees Retirement System as of June 30, 1981, and for law enforcement officers of the Alcoholic Beverage Laws Enforcement Commission who became members of the System on July 1, 1982, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1982, and for park rangers of the Oklahoma Tourism and Recreation Department who became members of the System on July 1, 1985, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1985, and for inspectors of the Oklahoma State Board of Pharmacy who became members of the System on July 1, 1986, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1986, for law enforcement officers of the Oklahoma Capitol Patrol Division of the Department of Public Safety who became members of the System effective July 1, 1993, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1993, and for all commissioned officers in the Gunsmith/Ammunition Reloader Division of the Department of Public Safety who became members of the System effective July 1, 1994, any service credited under the Oklahoma Public Employees Retirement System as of June 30, 1994, and for the park managers or park supervisors of the Oklahoma Tourism and Recreation Department who were employed in such a position prior to July 1, 1985, and who elect to become members of the System effective September 1, 1996, any service transferred pursuant to subsection C of Section 2-309.6 of this title and any service purchased pursuant to subsection B of Section 2-307.2 of this title. Effective August 5, 1993, an authorized leave of absence shall include a period of absence pursuant to the Family and Medical Leave Act of 1993;&nbsp;</span></p> <p><span class="cls0">11. &ldquo;Disability&rdquo; means a physical or mental condition which, in the judgment of the Board, totally and presumably permanently prevents the member from engaging in the usual and customary duties of the occupation of the member and thereafter prevents the member from performing the duties of any occupation or service for which the member is qualified by reason of training, education or experience. A person is not under a disability when capable of performing a service to the employer, regardless of occupation, providing the salary of the employee is not diminished thereby;&nbsp;</span></p> <p><span class="cls0">12. &ldquo;Limitation year&rdquo; means the year used in applying the limitations of Section 415 of the Internal Revenue Code of 1986, which year shall be the calendar year;&nbsp;</span></p> <p><span class="cls0">13. &ldquo;Line of duty&rdquo; means any action which a member whose primary function is crime control or reduction or enforcement of the criminal law is obligated or authorized by rule, regulations, condition of employment or service, or law to perform, including those social, ceremonial, or athletic functions to which the member is assigned, or for which the member is compensated, by the agency the member serves;&nbsp;</span></p> <p><span class="cls0">14. &ldquo;Personal injury&rdquo; or &ldquo;injury&rdquo; means any traumatic injury as well as diseases which are caused by or result from such an injury, but not occupational diseases;&nbsp;</span></p> <p><span class="cls0">15. &ldquo;Catastrophic nature&rdquo; means consequences of an injury that permanently prevent an individual from performing any gainful work;&nbsp;</span></p> <p><span class="cls0">16. &ldquo;Traumatic injury&rdquo; means a wound or a condition of the body caused by external force, including injuries inflicted by bullets, explosives, sharp instruments, blunt objects or other physical blows, chemicals, electricity, climatic conditions, infectious diseases, radiation, and bacteria, but excluding stress and strain; and&nbsp;</span></p> <p><span class="cls0">17. &ldquo;Beneficiary&rdquo; means the individual designated by the member on a beneficiary designation form supplied by the Oklahoma Law Enforcement Retirement System, or if there is no designated beneficiary or if the designated beneficiary predeceases the member, the estate of the member. If the member&rsquo;s spouse is not designated as the sole primary beneficiary, the member&rsquo;s spouse must sign a consent.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 357, &sect; 4, eff. July 1, 1980. Amended by Laws 1981, c. 227, &sect; 1, operative July 1, 1981; Laws 1982, c. 328, &sect; 1, operative July 1, 1982; Laws 1985, c. 296, &sect; 1, emerg. eff. July 24, 1985; Laws 1986, c. 253, &sect; 1, operative July 1, 1986; Laws 1987, c. 236, &sect; 160, emerg. eff. July 20, 1987; Laws 1988, c. 267, &sect; 20, operative July 1, 1988; Laws 1989, c. 209, &sect; 1, eff. July 1, 1989; Laws 1990, c. 337, &sect; 8; Laws 1991, c. 323, &sect; 4, emerg. eff. June 12, 1991; Laws 1992, c. 390, &sect; 5, emerg. eff. June 9, 1992; Laws 1993, c. 277, &sect; 1, eff. July 1, 1993; Laws 1994, c. 44, &sect; 1, eff. July 1, 1994; Laws 1995, c. 1, &sect; 15, emerg. eff. March 2, 1995; Laws 1995, c. 294, &sect; 1, eff. July 1, 1995; Laws 1996, c. 60, &sect; 1, eff. July 1, 1996; Laws 1999, c. 257, &sect; 22, eff. July 1, 1999; Laws 2000, c. 377, &sect; 5, eff. July 1, 2000; Laws 2001, c. 5, &sect; 14, emerg. eff. March 21, 2001; Laws 2002, c. 399, &sect; 1, eff. July 1, 2002; Laws 2003, c. 3, &sect; 27, emerg. eff. March 19, 2003; Laws 2003, c. 406, &sect; 3, eff. July 1, 2003; Laws 2004, c. 5, &sect; 31, emerg. eff. March 1, 2004; Laws 2004, c. 542, &sect; 1, eff. July 1, 2004; Laws 2005, c. 142, &sect; 1, emerg. eff. May 5, 2005; Laws 2006, 2nd Ex.Sess., c. 46, &sect; 18, eff. July 1, 2006; Laws 2007, c. 62, &sect; 10, emerg. eff. April 30, 2007; Laws 2008, c. 177, &sect; 7, eff. July 1, 2008; Laws 2009, c. 169, &sect; 7, emerg. eff. May 11, 2009; Laws 2010, c. 437, &sect; 8, emerg. eff. June 9, 2010; Laws 2011, c. 141, &sect; 1, emerg. eff. April 29, 2011; Laws 2011, c. 262, &sect; 9, eff. July 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1987, c. 231, &sect; 6 repealed by Laws 1989, c. 136, &sect; 3, eff. Jan. 1, 1990, and by Laws 1990, c. 337, &sect; 26. Laws 1989, c. 136, &sect; 1 repealed by Laws 1990, c. 337, &sect; 26. Laws 1993, c. 157, &sect; 1 repealed by Laws 1994, c. 2, &sect; 34, emerg. eff. March 2, 1994. Laws 1994, c. 2, &sect; 13 repealed by Laws 1995, c. 1, &sect; 40, emerg. eff. March 2, 1995. Laws 2000, c. 287, &sect; 13 repealed by Laws 2001, c. 5, &sect; 15, emerg. eff. March 21, 2001. Laws 2002, c. 238, &sect; 1 repealed by Laws 2003, c. 3, &sect; 28, emerg. eff. March 19, 2003. Laws 2003, c. 456, &sect; 1 repealed by Laws 2004, c. 5, &sect; 32, emerg. eff. March 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-301. Establishment - Law Enforcement Retirement Fund - Retirement Medical Benefit Fund - Right to benefits.&nbsp;</span></p> <p><span class="cls0">There is hereby established a System for the payment of retirement benefits and certain medical and hospital expenses of members of the Oklahoma Law Enforcement Retirement System. Such System shall constitute an amendment and continuation of the Retirement and Pension Plan of the Department of Public Safety and members in the Retirement and Pension Plan on June 30, 1980, shall continue as members of the Oklahoma Law Enforcement Retirement System. There is established in the State Treasury a special fund designated as the "Oklahoma Law Enforcement Retirement Fund" for the benefit of members of the System and certain dependents of deceased members of the System. Such fund shall be a continuation, under a new name, of the Retirement and Pension Fund of the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">There is hereby created the Retirement Medical Benefit Fund. The fund shall be maintained as a subaccount of the Oklahoma Law Enforcement Retirement Fund. The Retirement Medical Benefit Fund is composed of all assets which may be contributed to this subaccount to pay the retirement system's portion of the monthly retiree health insurance premium benefit described by Section 1316.2 of Title 74 of the Oklahoma Statutes. Such monthly retiree health insurance premium benefit is in addition to, and subordinate to, the retirement benefits provided by this System. All such allocated assets and any earnings thereon in the Retirement Medical Benefit Fund shall be held for the exclusive purpose of providing retiree medical benefits. The Retirement Medical Benefit Fund is to be administered in accordance with the requirements of Section 401(h) of the Internal Revenue Code of 1986, as amended from time to time. It shall be impossible, at any time prior to the satisfaction of all liabilities for these benefits, for any part of this subaccount to be used for or diverted to, any purpose other than the providing of the retiree health insurance premium benefit and the payment of necessary and appropriate related expenses. The Board of Trustees may promulgate such rules as are necessary to implement the funding and administration of the fund pursuant to the provisions of this subsection. All contributions to fund the retiree health insurance benefit shall be made on the basis of a generally accepted actuarial method. Notwithstanding anything contained herein to the contrary, the aggregate of contributions to provide retiree health insurance benefits and life insurance, if any, shall not exceed twenty-five percent (25%) of the aggregate contributions made to fund all benefits under this System, other than contributions to fund past service costs. For this purpose, &ldquo;life insurance&rdquo; means, as to any member, the in-service death benefit that would be payable upon the member&rsquo;s death, but only to the extent that the lump-sum value of such death benefit would exceed the lump-sum value of the member&rsquo;s accrued benefit at the date of the member&rsquo;s death.&nbsp;</span></p> <p><span class="cls0">Appointment to any position within a covered agency which comes under this System shall not jeopardize the rights of any person who has previously qualified for membership under this System, provided, that the individual contributions are continued, and such person remains a member of this System. Any person who has previously qualified for membership under the System who voluntarily seeks and accepts appointment to any position within a covered agency which is not a covered position excludes the member from further participation in this System; provided, this provision shall not apply to any person who is a member of the System and who, on or before June 30, 2002, has already accepted appointment to a position which is not a covered position of the System nor shall it apply if that person seeks and accepts any other position within a covered agency which is not a covered position of the System.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 330, &sect; 2-301, eff. Sept. 1, 1961. Amended by Laws 1967, c. 56, &sect; 1, emerg. eff. April 14, 1967; Laws 1980, c. 357, &sect; 3, eff. July 1, 1980; Laws 1981, c. 227, &sect; 2, operative July 1, 1981; Laws 1982, c. 328, &sect; 2, operative July 1, 1982; Laws 1988, c. 267, &sect; 21, operative July 1, 1988; Laws 1992, c. 376, &sect; 4, eff. July 1, 1992; Laws 1996, c. 55, &sect; 2, eff. July 1, 1996; Laws 2002, c. 399, &sect; 2, eff. July 1, 2002; Laws 2003, c. 3, &sect; 29, emerg. eff. March 19, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2002, c. 238, &sect; 2 repealed by Laws 2003, c. 3, &sect; 30, emerg. eff. March 19, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;472301.1. Termination or partial termination of System.&nbsp;</span></p> <p><span class="cls0">(1) In the event the System is terminated or partially terminated the right of all participants or in the event of partial termination the rights of the affected participants, whether retired or otherwise, shall become fully vested.&nbsp;</span></p> <p><span class="cls0">(2) In the event of termination of the System, the Board shall distribute the net assets of the fund, allowing a period of not less than six (6) nor more than nine (9) months for dissolution of disability claims, as follows:&nbsp;</span></p> <p><span class="cls0">(a) First, accumulated contributions shall be allocated to each respective participant, former participant, retired member joint annuitant or beneficiary then receiving payments. If these assets are insufficient for this purpose, they shall be allocated to each such person in the proportion which his accumulated contributions bear to the total of all such participants' accumulated contributions. For purposes of this section, contribution means payment into the System by an employer or employee for the benefit of an individual employee.&nbsp;</span></p> <p><span class="cls0">(b) The balance of such assets, if any, remaining after making the allocations provided in subparagraph (a) of this section shall be disposed of by allocating to each person then having an interest in the fund the excess of his retirement income under the System less the retirement income which is equal to the actuarial equivalent of the amount allocated to him under subparagraph (a) of this section. Such allocation shall be made with the full amount of the remaining assets to be allocated to the persons in each group in the following order of precedence:&nbsp;</span></p> <p><span class="cls0">(i) those retired members, joint annuitants or beneficiaries receiving benefits,&nbsp;</span></p> <p><span class="cls0">(ii) those members eligible to retire,&nbsp;</span></p> <p><span class="cls0">(iii) those members eligible for early retirement,&nbsp;</span></p> <p><span class="cls0">(iv) former participants electing to receive a vested benefit, and&nbsp;</span></p> <p><span class="cls0">(v) all other members.&nbsp;</span></p> <p><span class="cls0">In the event the balance of the fund remaining after all allocations have been made with respect to all retirement income in a preceding group is insufficient to allocate the full actuarial equivalent of such retirement income to all persons in the group for which it is then being applied, such balance of the fund shall be allocated to each person in such group in the proportion which the actuarial equivalent of the retirement income allocable to him pursuant to such group bears to the total actuarial equivalent of the retirement income so allocable to all persons in such group.&nbsp;</span></p> <p><span class="cls0">Provided no discrimination in value results, the Board shall distribute the amounts so allocated in one of the following manners as the Board in their discretion may determine:&nbsp;</span></p> <p><span class="cls0">(i) by continuing payment of benefits as they become due, or&nbsp;</span></p> <p><span class="cls0">(ii) by paying, in cash, the amount allocated to any such person.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1978, c. 310, &sect; 1, emerg. eff. May 11, 1978; Laws 1980, c. 357, &sect; 5, eff. July 1, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;472302. Application for membership Assistant Commissioner as member of System Makeup contributions by certain employees.&nbsp;</span></p> <p><span class="cls0">A. Any person eligible to become a member of the System shall file a written application therefor with the Board, and shall continue thereafter as a member of the System so long as the employee meets membership requirements. For the purposes of computing contributions, employee contributions, pensions and annuities, the Assistant Commissioner of the Department of Public Safety shall be classified and categorized as a member of the System.&nbsp;</span></p> <p><span class="cls0">B. The Board may, after a hearing held for such purpose, allow employees of the Department of Public Safety who were hired by the Department after September 30, 1939, and prior to July 1, 1981, to pay to the System an amount equal to what the employee would have paid to the System if the employee had been enrolled in the System from the time of first employment. The Board shall determine any interest due on the amount paid pursuant to this subsection. Any payments allowed pursuant to this subsection shall be made prior to January 1, 1982.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 331, &sect; 2302; Laws 1975, c. 365, &sect; 1, operative July 1, 1975; Laws 1980, c. 357, &sect; 6, eff. July 1, 1980; Laws 1981, c. 227, &sect; 3, operative July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-303. Law Enforcement Retirement Board.&nbsp;</span></p> <p><span class="cls0">A. There shall be an "Oklahoma Law Enforcement Retirement Board" to administer the fund of the System. The Board shall be composed of the Commissioner of Public Safety or his designee, the Director of the Office of Management and Enterprise Services or his designee, three members to be appointed by the Governor one of whom shall be a retired member of the System, one member to be appointed by the Speaker of the House of Representatives, one member to be appointed by the President Pro Tempore of the Senate, two members of the Highway Patrol Division and one member of the Communication Division of the Department of Public Safety, one member of the Oklahoma State Bureau of Investigation, one member of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and one member of the Alcoholic Beverage Laws Enforcement Commission, elected by and from the membership of the System. The terms of elected members of the Board now serving shall expire on June 30, 1980. The present Board shall conduct an election for the selection of elected members of the Board, prior to the operative date of this act. One member of the Oklahoma Highway Patrol and the member of the Oklahoma State Bureau of Investigation, initially elected, shall serve through June 30, 1982, the member of the Oklahoma Alcoholic Beverage Control Board, initially elected, shall serve through June 30, 1984, and the remaining elected members shall serve through June 30, 1983. Members subsequently elected shall serve for terms of three (3) years.&nbsp;</span></p> <p><span class="cls0">B. 1. The initial term of office of the member appointed to the Board by the Speaker of the House of Representatives and the member appointed to the Board by the President Pro Tempore of the Senate shall expire on January 3, 1989. The members thereafter appointed by the Speaker of the House of Representatives and by the President Pro Tempore of the Senate shall serve terms of office of four (4) years.&nbsp;</span></p> <p><span class="cls0">2. The member appointed by the Governor serving on the Board on the operative date of this act shall serve the remainder of the unexpired term of the member. The member appointed by the Governor to fill that position after the expiration of the term of office of the member serving on the operative date of this act shall serve through January 13, 1991. The members thereafter appointed by the Governor shall serve a term of office of four (4) years which is coterminous with the term of office of the office of the appointing authority.&nbsp;</span></p> <p><span class="cls0">3. The initial term of office of the two additional appointments to the Board by the Governor shall expire on January 14, 1991. The members thereafter appointed by the Governor shall serve terms of office of four (4) years which are coterminous with the term of office of the office of the appointing authority.&nbsp;</span></p> <p><span class="cls0">4. Vacancies shall be filled for the unexpired term of office in the same manner as the original appointment was made.&nbsp;</span></p> <p><span class="cls0">C. The members appointed to the Board by the Speaker of the House of Representatives, by the President Pro Tempore of the Senate and by the Governor or a member who is a designee of an ex officio member of the Board shall:&nbsp;</span></p> <p><span class="cls0">1. Have demonstrated professional experience in investment or funds management, public funds management, public or private pension fund management or retirement system management; or&nbsp;</span></p> <p><span class="cls0">2. Have demonstrated experience in the banking profession and have demonstrated professional experience in investment or funds management; or&nbsp;</span></p> <p><span class="cls0">3. Be licensed to practice law in this state and have demonstrated professional experience in commercial matters; or&nbsp;</span></p> <p><span class="cls0">4. Be licensed by the Oklahoma Accountancy Board to practice in this state as a public accountant or a certified public accountant.&nbsp;</span></p> <p><span class="cls0">The appointing authorities, in making appointments that conform to the requirements of this subsection, shall give due consideration to balancing the appointments among the criteria specified in paragraphs 1 through 4 of this subsection.&nbsp;</span></p> <p><span class="cls0">D. No member of the Board shall be a lobbyist registered in this state as provided by law.&nbsp;</span></p> <p><span class="cls0">E. Notwithstanding any of the provisions of this section to the contrary, any person serving as an appointed member of the Board on the operative date of this act shall be eligible for reappointment when the term of office of the member expires.&nbsp;</span></p> <p><span class="cls0">F. Every two (2) years, one of the members of the Board shall be selected by the Board as president and another member as secretary of the Board.&nbsp;</span></p> <p><span class="cls0">G. Any member of the Board elected by the membership of the System may be recalled for cause at a special election held for that purpose by the members of the System. Such an election shall be called and held by the president and secretary of the Board upon a written request therefor signed by not less than one-third (1/3) of the members of the System and shall be held pursuant to notice given to all members of the System stating the date for such election which shall not be less than ten (10) days from the date of the issuance of such notice. All members of the System shall be entitled to vote by secret ballot and, if two-thirds (2/3) or more of the membership of the System vote for his recall, the elected member of the Board designated in such request, notice and secret ballot shall cease to be a member of the Board and the president and secretary of the Board shall call and hold a special election by the members of the System to fill the remainder of the term of the member so recalled.&nbsp;</span></p> <p><span class="cls0">H. The Oklahoma Law Enforcement Retirement System shall retain an Executive Director and shall establish the Executive Director's compensation. The Executive Director shall be the managing and administrative officer of the System and as such shall have charge of the office, records and supervision and direction of the employees of the System. The Executive Director shall be responsible for the overall operations and to perform duties specified in Section 2-300 of this title and as specified by the Board. The Executive Director shall be subject to the policy directions of the Board and may employ such persons as are deemed necessary to administer the System.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 331, &sect; 2-303, eff. Sept. 1, 1961. Amended by Laws 1975, c. 365, &sect; 2, operative July 1, 1975; Laws 1979, c. 241, &sect; 4, operative July 1, 1979; Laws 1980, c. 357, &sect; 7, eff. July 1, 1980; Laws 1982, c. 328, &sect; 3, operative July 1, 1982; Laws 1986, c. 11, &sect; 1, eff. July 1, 1986; Laws 1987, c. 236, &sect; 161, emerg. eff. July 20, 1987; Laws 1988, c. 321, &sect; 20, operative July 1, 1988; Laws 1995, c. 294, &sect; 2, eff. July 1, 1995; Laws 2009, c. 169, &sect; 8, emerg. eff. May 11, 2009; Laws 2012, c. 304, &sect; 171.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-303.1. Duties of board - Investments - Liability insurance - Investment managers - Custodial services - Reports - Legal services - Confidentiality.&nbsp;</span></p> <p><span class="cls0">A. The Oklahoma Law Enforcement Retirement Board shall discharge its duties with respect to the System solely in the interest of the participants and beneficiaries and:&nbsp;</span></p> <p><span class="cls0">1. For the exclusive purpose of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;providing benefits to participants and their beneficiaries, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;defraying reasonable expenses of administering the System;&nbsp;</span></p> <p><span class="cls0">2. With the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;&nbsp;</span></p> <p><span class="cls0">3. By diversifying the investments of the System so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and&nbsp;</span></p> <p><span class="cls0">4. In accordance with the laws, documents and instruments governing the System.&nbsp;</span></p> <p><span class="cls0">B. The Board may procure insurance indemnifying the members of the Board from personal loss or accountability from liability resulting from a member's action or inaction as a member of the Board.&nbsp;</span></p> <p><span class="cls0">C. The Board may establish an investment committee. The investment committee shall be composed of not more than five (5) members of the Board appointed by the president of the Board. The committee shall make recommendations to the full Board on all matters related to the choice of custodians and managers of the assets of the System, on the establishment of investment and fund management guidelines, and in planning future investment policy. The committee shall have no authority to act on behalf of the Board in any circumstances whatsoever. No recommendation of the committee shall have effect as an action of the Board nor take effect without the approval of the Board as provided by law.&nbsp;</span></p> <p><span class="cls0">D. The Board shall retain qualified investment managers to provide for the investment of the monies of the System. The investment managers shall be chosen by a solicitation of proposals on a competitive bid basis pursuant to standards set by the Board. Subject to the overall investment guidelines set by the Board, the investment managers shall have full discretion in the management of those monies of the System allocated to the investment managers. The Board shall manage those monies not specifically allocated to the investment managers. The monies of the System allocated to the investment managers shall be actively managed by the investment managers, which may include selling investments and realizing losses if such action is considered advantageous to longer term return maximization. Because of the total return objective, no distinction shall be made for management and performance evaluation purposes between realized and unrealized capital gains and losses.&nbsp;</span></p> <p><span class="cls0">E. All assets of the System shall be held in trust for the exclusive purpose of providing benefits for the members and beneficiaries of the System, including defraying reasonable expenses of administering the System, and shall not be encumbered for or diverted to any other purposes. Funds and revenues for investment by the investment managers or the Board shall be placed with a custodian selected by the Board. The custodian shall be a bank or trust company offering pension fund master trustee and master custodial services, and any related custodial agreement or trust agreement is incorporated herein by reference. The custodian shall be chosen by a solicitation of proposals on a competitive bid basis pursuant to standards set by the Board. In compliance with the investment policy guidelines of the Board, the custodian bank or trust company shall be contractually responsible for ensuring that all monies of the System are invested in income-producing investment vehicles at all times. If a custodian bank or trust company has not received direction from the investment managers of the System as to the investment of the monies of the System in specific investment vehicles, the custodian bank or trust company shall be contractually responsible to the Board for investing the monies in appropriately collateralized short-term interest-bearing investment vehicles. Any assets of the System may be invested in a collective investment fund or in a group trust provided the investment in such collective investment fund or group trust is in compliance with the provisions of Rev. Rul. 81-100, as further amended by Rev. Rul. 2004-67, Rev. Rul. 2008-40, and Rev. Rul. 2011-1, or any successor ruling, regulation, or similar pronouncement. Each such collective investment fund or group trust is adopted with respect to any monies invested therein, as part of the System, its trust and custodial agreement, and the provisions of such trust agreement or such declaration of trust and related adoption, participation, investment management, subtrust or other agreements, as amended from time to time, with respect to any monies invested therein, are incorporated by reference into the System, its trust agreement(s) or custodial agreement(s), upon approval by the Board.&nbsp;</span></p> <p><span class="cls0">F. Prior to August 1 of each year, the Board shall develop a written investment plan for the System.&nbsp;</span></p> <p><span class="cls0">G. The Board shall compile a quarterly financial report of all the funds of the System on a fiscal year basis. The report shall be compiled pursuant to uniform reporting standards prescribed by the Oklahoma State Pension Commission for all state retirement systems. The report shall include several relevant measures of investment value, including acquisition cost and current fair market value with appropriate summaries of total holdings and returns. The report shall contain combined and individual rate of returns of the investment managers by category of investment, over periods of time. The Board shall include in the quarterly reports all commissions, fees or payments for investment services performed on behalf of the Board. The report shall be distributed to the Governor, the Oklahoma State Pension Commission, the Legislative Service Bureau, the Speaker of the House of Representatives and the President Pro Tempore of the Senate.&nbsp;</span></p> <p><span class="cls0">H. After July 1 and before October 31 of each year, the Board shall publish widely an annual report presented in simple and easily understood language pursuant to uniform reporting standards prescribed by the Oklahoma State Pension Commission for all state retirement systems. The report shall be submitted to the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Oklahoma State Pension Commission and the members of the System. The annual report shall cover the operation of the System during the past fiscal year, including income, disbursements, and the financial condition of the System at the end of the fiscal year. The annual report shall also contain the information issued in the quarterly reports required pursuant to subsection G of this section as well as a summary of the results of the most recent actuarial valuation to include total assets, total liabilities, unfunded liability or over funded status, contributions and any other information deemed relevant by the Board. The annual report shall be written in such a manner as to permit a readily understandable means for analyzing the financial condition and performance of the System for the fiscal year. The annual financial statements must be audited and filed in accordance with the requirements set forth for financial statement audits in Section 212A of Title 74 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">I. The Board may retain an attorney licensed to practice law in this state. The attorney shall serve at the pleasure of the Board for such compensation as set by the Board. The Attorney General shall furnish such legal services as may be requested by the Board.&nbsp;</span></p> <p><span class="cls0">J. All information, documents and copies thereof contained in a member's retirement file shall be given confidential treatment and shall not be made public by the System without the prior written consent of the member to which it pertains, but shall be subject only to court order. Provided, the System, its employees or attorneys, may use such records in defense of any action brought against the System.&nbsp;</span></p> <p><span class="cls0">K. Effective July 1, 1999, the Board is hereby authorized to do all acts and things necessary and proper to carry out the purpose of the System and to make the least costly amendments and changes, if any, as may be necessary to qualify the System under the applicable sections of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">L. The Executive Director and such employees of the System as the Executive Director may designate are hereby authorized to prepare certified copies of records of the System and every such certified copy shall be admissible in any proceeding in any court in like manner as the original thereof.&nbsp;</span></p> <p><span class="cls0">M. On or after July 1, 2011, the Board may permit, effective for applicable notices, elections and consents provided or made for a member, beneficiary, alternate payee or individual entitled to benefits under the System, the use of electronic media to provide applicable notices and make such elections and consents as described in Section 1.401(a)-21 of the Income Tax Regulations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 321, &sect; 21, operative July 1, 1988. Amended by Laws 1992, c. 354, &sect; 3; Laws 1995, c. 81, &sect; 5, eff. July 1, 1995; Laws 1996, c. 290, &sect; 4, eff. July 1, 1996; Laws 2000, c. 377, &sect; 6, eff. July 1, 2000; Laws 2001, c. 5, &sect; 16, emerg. eff. March 21, 2001; Laws 2002, c. 391, &sect; 6, eff. July 1, 2002; Laws 2003, c. 3, &sect; 31, emerg. eff. March 19, 2003; Laws 2004, c. 536, &sect; 14, eff. July 1, 2004; Laws 2005, c. 142, &sect; 2, emerg. eff. May 5, 2005; Laws 2011, c. 379, &sect; 5, eff. Sept. 1, 2011; Laws 2012, c. 52, &sect; 1, emerg. eff. April 16, 2012; Laws 2013, c. 119, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2000, c. 287, &sect; 14 repealed by Laws 2001, c. 5, &sect; 17, emerg. eff. March 21, 2001. Laws 2002, c. 399, &sect; 3 repealed by Laws 2003, c. 3, &sect; 32, emerg. eff. March 19, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;472303.2. Duties of fiduciaries.&nbsp;</span></p> <p><span class="cls0">A. A fiduciary with respect to the Oklahoma Law Enforcement Retirement System shall not cause the System to engage in a transaction if the fiduciary knows or should know that such transaction constitutes a direct or indirect:&nbsp;</span></p> <p><span class="cls0">1. sale or exchange, or leasing of any property from the System to a party in interest for less than adequate consideration or from a party in interest to the System for more than adequate consideration;&nbsp;</span></p> <p><span class="cls0">2. lending of money or other extension of credit from the System to a party in interest without the receipt of adequate security and a reasonable rate of interest, or from a party in interest to the System with provision of excessive security or an unreasonably high rate of interest;&nbsp;</span></p> <p><span class="cls0">3. furnishing of goods, services or facilities from the System to a party in interest for less than adequate consideration, or from a party in interest to the System for more than adequate consideration; or&nbsp;</span></p> <p><span class="cls0">4. transfer to, or use by or for the benefit of, a party in interest of any assets of the System for less than adequate consideration.&nbsp;</span></p> <p><span class="cls0">B. A fiduciary with respect to the Oklahoma Law Enforcement Retirement System shall not:&nbsp;</span></p> <p><span class="cls0">1. deal with the assets of the System in the fiduciary's own interest or for the fiduciary's own account;&nbsp;</span></p> <p><span class="cls0">2. in the fiduciary's individual or any other capacity act in any transaction involving the System on behalf of a party whose interests are adverse to the interests of the System or the interests of its participants or beneficiaries; or&nbsp;</span></p> <p><span class="cls0">3. receive any consideration for the fiduciary's own personal account from any party dealing with the System in connection with a transaction involving the assets of the System.&nbsp;</span></p> <p><span class="cls0">C. A fiduciary with respect to the Oklahoma Law Enforcement Retirement System may:&nbsp;</span></p> <p><span class="cls0">1. invest all or part of the assets of the System in deposits which bear a reasonable interest rate in a bank or similar financial institution supervised by the United States or a state, if such bank or other institution is a fiduciary of such plan; or&nbsp;</span></p> <p><span class="cls0">2. provide any ancillary service by a bank or similar financial institution supervised by the United States or a state, if such bank or other institution is a fiduciary of such plan.&nbsp;</span></p> <p><span class="cls0">D. A person or a financial institution is a fiduciary with respect to the Oklahoma Law Enforcement Retirement System to the extent that the person or the financial institution:&nbsp;</span></p> <p><span class="cls0">1. exercises any discretionary authority or discretionary control respecting management of the Oklahoma Law Enforcement Retirement System or exercises any authority or controlrespecting management or disposition of the assets of the System;&nbsp;</span></p> <p><span class="cls0">2. renders investment advice for a fee or other compensation, direct or indirect, with respect to any monies or other property of the System, or has any authority or responsibility to do so; or&nbsp;</span></p> <p><span class="cls0">3. has any discretionary authority or discretionary responsibility in the administration of the System.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 321, &sect; 22, operative July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-303.3. Certain benefits exempt from legal process.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided by this section, any annuity, benefits, fund, property, or rights created by or accruing to any person pursuant to the provisions of Sections 2-300 through 2-313 of this title shall not be subject to execution, garnishment or attachment, and shall be unassignable, except as specifically provided by Sections 2-300 through 2-313 of this title. Notwithstanding the foregoing, effective August 5, 1997, the Board may approve any offset of a member&rsquo;s benefit to pay a judgment or settlement against the member for a crime involving the System or for a breach of the member&rsquo;s fiduciary duty to the System, provided such offset is in accordance with the requirements of Section 401(a)(13) of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">B. 1. The provisions of subsection A of this section shall not apply to a qualified domestic order as provided pursuant to this subsection.&nbsp;</span></p> <p><span class="cls0">2. The term &ldquo;qualified domestic order&rdquo; means an order issued by a district court of this state pursuant to the domestic relation laws of the State of Oklahoma which relates to the provision of marital property rights to a spouse or former spouse of a member or provision of support for a minor child or children and which creates or recognizes the existence of the right of an alternate payee, or assigns to an alternate payee the right, to receive a portion of the benefits payable with respect to a member of the System.&nbsp;</span></p> <p><span class="cls0">3. For purposes of the payment of marital property, to qualify as an alternate payee, a spouse or former spouse must have been married to the related member for a period of not less than thirty (30) continuous months immediately preceding the commencement of the proceedings from which the qualified domestic order issues.&nbsp;</span></p> <p><span class="cls0">4. A qualified domestic order is valid and binding on the Board and the related member only if it meets the requirements of this subsection.&nbsp;</span></p> <p><span class="cls0">5. A qualified domestic order shall clearly specify:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the name and last-known mailing address (if any) of the member and the name and mailing address of the alternate payee covered by the order,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the amount or percentage of the member's benefits to be paid by the System to the alternate payee,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the number of payments or period to which such order applies,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;the characterization of the benefit as to marital property rights or child support, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;each plan to which such order applies.&nbsp;</span></p> <p><span class="cls0">6. A qualified domestic order meets the requirements of this subsection only if such order:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;does not require the System to provide any type or form of benefit, or any option not otherwise provided under state law as relates to the System,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;does not require the System to provide increased benefits, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;does not require the payment of benefits to an alternate payee which are required to be paid to another alternate payee pursuant to another order previously determined to be a qualified domestic order or an order recognized by the System as a valid order prior to the effective date of this act.&nbsp;</span></p> <p><span class="cls0">7. A qualified domestic order shall not require payment of benefits to an alternate payee prior to the actual retirement date of the related member.&nbsp;</span></p> <p><span class="cls0">8. The alternate payee shall have a right to receive benefits payable to a member of the System under the Oklahoma Law Enforcement Deferred Option Plan provided for pursuant to Section 2-305.2 of this title, but only to the extent such benefits have been credited or paid into the member&rsquo;s Oklahoma Law Enforcement Deferred Option Plan account during the term of the marriage.&nbsp;</span></p> <p><span class="cls0">9. The obligation of the System to pay an alternate payee pursuant to a qualified domestic order shall cease upon the death of the related member.&nbsp;</span></p> <p><span class="cls0">10. This subsection shall not be subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. Section 1001, et seq., as amended from time to time, or rules and regulations promulgated thereunder, and court cases interpreting said act.&nbsp;</span></p> <p><span class="cls0">11. The Oklahoma Law Enforcement Retirement Board shall promulgate such rules as are necessary to implement the provisions of this subsection.&nbsp;</span></p> <p><span class="cls0">12. An alternate payee who has acquired beneficiary rights pursuant to a valid qualified domestic order must fully comply with all provisions of the rules promulgated by the Board pursuant to this subsection in order to continue receiving his or her benefit.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 296, &sect; 2, emerg. eff. July 24, 1985. Amended by Laws 1989, c. 249, &sect; 42, eff. Jan. 1, 1989; Laws 1993, c. 322, &sect; 12, emerg. eff. June 7, 1993; Laws 1998, c. 198, &sect; 7, eff. Nov. 1, 1998; Laws 1999, c. 257, &sect; 23, eff. July 1, 1999; Laws 2000, c. 287, &sect; 15, eff. July 1, 2000; Laws 2008, c. 177, &sect; 8, eff. July 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;472303.4. Deposits of contributions and dedicated revenues Warrants and vouchers.&nbsp;</span></p> <p><span class="cls0">A. All employee and employer contributions and dedicated revenues shall be deposited in the Oklahoma Law Enforcement Retirement Fund in the State Treasury. The Board shallhave the responsibility for the management of the Oklahoma Law Enforcement Retirement Fund, and may transfer monies used for investment purposes by the Oklahoma Law Enforcement Retirement System from the Oklahoma Law Enforcement Retirement Fund in the State Treasury to the custodian bank or trust company of the System.&nbsp;</span></p> <p><span class="cls0">B. All benefits payable pursuant to the provisions of the Oklahoma Law Enforcement Retirement System, refunds of contribution and overpayments, and all administrative expenses in connection with the System shall be paid from the Oklahoma Law Enforcement Retirement Fund upon warrants or vouchers signed by two persons designated by the Board. The Board may transfer monies from the custodian bank or trust company of the System to the Oklahoma Law Enforcement Retirement Fund in the State Treasury for the purposes specified in this subsection.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 321, &sect; 23, operative July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;472303.5. Acceptance of gifts or gratuities.&nbsp;</span></p> <p><span class="cls0">The members of the Oklahoma Law Enforcement Retirement Board, the chief administrative officer and the employees of the System shall not accept gifts or gratuities from an individual organization with a value in excesss of Fifty Dollars ($50.00) per year. The provisions of this section shall not be construed to prevent the members of the Board, the chief administrative officer or the employees of the System from attending educational seminars, conferences, meetings or similar functions which are paid for, directly or indirectly, by more than one organization.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 321, &sect; 24, operative July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-304. Contributions to fund - Amount - Deduction by employer - Pick-up of member contributions.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety, the Oklahoma State Bureau of Investigation, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Control Board, the Oklahoma Tourism and Recreation Department and the State Board of Pharmacy shall make contributions to the fund as follows:&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety, Oklahoma State Bureau of Investigation, Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Control Board, the Oklahoma Tourism and Recreation Department and the State Board of Pharmacy shall contribute to the fund an amount equal to eleven percent (11%) of the actual paid base salary of each member.&nbsp;</span></p> <p><span class="cls0">B. Each member of the System shall make contributions to the fund in an amount equal to eight percent (8%) of the actual paid base salary of the member.&nbsp;</span></p> <p><span class="cls0">Member contributions shall be deducted by each participating employer for such benefits as the Board is by law authorized to administer and shall be remitted monthly, or as the Board may otherwise provide, for deposit in the fund.&nbsp;</span></p> <p><span class="cls0">C. Each employer shall pick up under the provisions of Section 414(h)(2) of the Internal Revenue Code of 1986 and pay the contribution which the member is required by law to make to the System for all compensation earned after December 31, 1989. Although the contributions so picked up are designated as member contributions, such contributions shall be treated as contributions being paid by the employer in lieu of contributions by the member in determining tax treatment under the Internal Revenue Code of 1986 and such picked up contributions shall not be includable in the gross income of the member until such amounts are distributed or made available to the member or the beneficiary of the member. The member, by the terms of this System, shall not have any option to choose to receive the contributions so picked up directly and the picked up contributions must be paid by the employer to the System.&nbsp;</span></p> <p><span class="cls0">Member contributions which are picked up shall be treated in the same manner and to the same extent as member contributions made prior to the date on which member contributions were picked up by the participating employer. Member contributions so picked up shall be included in gross salary for purposes of determining benefits and contributions under the System.&nbsp;</span></p> <p><span class="cls0">The employer shall pay the member contributions from the same source of funds used in paying salary to the member, by effecting an equal cash reduction in gross salary of the member.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 331, &sect; 2-304, eff. Sept. 1, 1961. Amended by Laws 1972, c. 57, &sect; 1, operative July 1, 1972; Laws 1975, c. 365, &sect; 3, operative July 1, 1975; Laws 1980, c. 357, &sect; 8, eff. July 1, 1980; Laws 1982, c. 328, &sect; 4, operative July 1, 1982; Laws 1986, c. 253, &sect; 2, operative July 1, 1986; Laws 1988, c. 321, &sect; 25, operative July 1, 1988; Laws 1989, c. 136, &sect; 2, eff. Jan. 1, 1990; Laws 2012, c. 307, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-304.1. Mobilization for state or national emergencies &ndash; Reduction of employer contribution prohibited.&nbsp;</span></p> <p><span class="cls0">Members of the Oklahoma Law Enforcement Retirement System responding to mobilization for state or national emergencies may not have the employer contribution reduced during their period of service in the Oklahoma National Guard or Reserve.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 332, &sect; 1, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-305. Retirement and retirement pay - Reemployment - Disability benefits.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided in this title, at any time after attaining normal retirement date, any member of the Oklahoma Law Enforcement Retirement System upon application for unreduced retirement benefits made and approved, may retire, and, during the remainder of the member's lifetime, receive annual retirement pay, payable in equal monthly payments, equal to two and one-half percent (2 1/2%) of the final average salary times years of credited service. If such retired member is reemployed by a state agency in a position which is not covered by the System, such retired member shall continue to receive in-service distributions from the System. Prior to September 19, 2002, if such retired member was reemployed by a state agency in a position which is covered by the System, such member shall continue to receive in-service distributions from the System and shall not accrue any further credited service. If such a member is reemployed by a state agency in a position which is covered by the System on or after September 19, 2002, such member's monthly retirement payments shall be suspended until such member retires and is not reemployed by a state agency in a position which is covered by the System.&nbsp;</span></p> <p><span class="cls0">B. Beginning July 1, 1994, members who retired or were eligible to retire prior to July 1, 1980, or their surviving spouses shall receive annual retirement pay, payable in equal monthly payments, equal to the greater of their current retirement pay, or two and one-half percent (2 1/2%) of the actual paid gross salary being currently paid to a highway patrol officer, at the time each such monthly retirement payment is made, multiplied by the retired member's years of credited service.&nbsp;</span></p> <p><span class="cls0">C. Except as otherwise provided by this subsection, members of the System whose salary is set by statute who have retired after completion of the mandatory twenty (20) years of service, and those members with statutory salaries who retire after reaching the mandatory twenty-year retirement, shall receive an annual retirement pay, payable in equal monthly installments, based upon the greater of either:&nbsp;</span></p> <p><span class="cls0">1. The top base pay currently paid to an active member, at the time each such monthly retirement payment is made, multiplied by two and one-half percent (2 1/2%) multiplied by the number of years of credited service and fraction thereof for the following positions:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Oklahoma Highway Patrolman,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Communications Dispatcher,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Capitol Patrolman,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;Lake Patrolman,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;Oklahoma State Bureau of Investigation - Special Agent or Criminalist; or&nbsp;</span></p> <p><span class="cls0">2. The member's final average salary as set forth in paragraph 9 of Section 2-300 of this title, multiplied by two and one-half percent (2 1/2%), and multiplied by the number of years of credited service and fraction thereof.&nbsp;</span></p> <p><span class="cls0">No member of the System retired prior to July 1, 2002, shall receive a benefit less than the amount the member is receiving as of June 30, 2002.&nbsp;</span></p> <p><span class="cls0">The provisions of paragraph 1 of this subsection shall not be applicable to any member whose first participating service with the System occurs on or after November 1, 2012.&nbsp;</span></p> <p><span class="cls0">D. Other members of the System whose retirement benefit is not otherwise prescribed by this section who have retired after completion of the mandatory twenty (20) years of service, and those members who retire after reaching the mandatory twenty-year retirement, shall receive an annual retirement pay, payable in equal monthly payments, based upon the greater of either:&nbsp;</span></p> <p><span class="cls0">1. The actual average salary currently paid to the highest nonsupervisory position in the participating agency, at the time each such monthly payment is made, multiplied by two and one-half percent (2 1/2%), multiplied by the number of years of credited service and fraction thereof for the following positions:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Alcoholic Beverage Laws Enforcement Commission - ABLE Commission Agent III,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Oklahoma State Bureau of Narcotics and Dangerous Drugs Control - Narcotics Agent III,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Oklahoma Tourism and Recreation Department - Park Ranger II,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;State Board of Pharmacy - Pharmacy Inspector,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;University of Oklahoma - Police Officer,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;Oklahoma State University - Police Officer; or&nbsp;</span></p> <p><span class="cls0">2. The other member's final average salary as set forth in paragraph 9 of Section 2-300 of this title, multiplied by two and one-half percent (2 1/2%), multiplied by the number of years of credited service and fraction thereof.&nbsp;</span></p> <p><span class="cls0">No member of the System retired prior to July 1, 2002, shall receive a benefit less than the amount the member is receiving as of June 30, 2002. The participating employer must certify to the System in writing the actual average gross salary currently paid to the highest nonsupervisory position. The Board of Trustees shall promulgate such rules as are necessary to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">The provisions of paragraph 1 of this subsection shall not be applicable to any member whose first participating service with the System occurs on or after the effective date of this act.&nbsp;</span></p> <p><span class="cls0">E. A member who meets the definition of disability as defined in paragraph 11 of Section 2-300 of this title by direct reason of the performance of the member's duties as an officer shall receive a monthly benefit equal to the greater of fifty percent (50%) of final average salary or two and one-half percent (2 1/2%) of final average salary multiplied by the number of years of the member's credited service. If such member participates in the Oklahoma Law Enforcement Deferred Option Plan pursuant to Section 2-305.2 of this title, then such member's disability pension provided pursuant to this subsection shall be reduced to account for such member's participation in the Oklahoma Law Enforcement Deferred Option Plan.&nbsp;</span></p> <p><span class="cls0">F. A member who meets the definition of disability as defined in paragraph 11 of Section 2-300 of this title and whose disability is by means of personal and traumatic injury of a catastrophic nature and in the line of duty, shall receive a monthly benefit equal to:&nbsp;</span></p> <p><span class="cls0">1. Two and one-half percent (2 1/2%);&nbsp;</span></p> <p><span class="cls0">2. Multiplied by:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;twenty (20) years of service, regardless of the actual number of years of credited service performed by the member prior to the date of disability, if the member had performed less than twenty (20) years of service, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the actual number of years of service performed by the member if the member had performed twenty (20) or more years of service;&nbsp;</span></p> <p><span class="cls0">3. Multiplied by a final average salary equal to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the salary which the member would have received pursuant to statutory salary schedules in effect upon the date of the disability for twenty (20) years of service prior to disability. The final average salary for a member who performed less than twenty (20) years of service prior to disability shall be computed assuming that the member was paid the highest salary allowable pursuant to the law in effect at the time of the member's disability based upon twenty (20) years of service and with an assumption that the member was eligible for any and all increases in pay based upon rank during the entire period. If the salary of a member is not prescribed by a specific salary schedule upon the date of the member's disability, the final average salary for the member shall be computed by the member's actual final average salary or the highest median salary amount for a member whose salary was prescribed by a specific salary schedule upon the date of the member's disability, whichever final average salary amount would be greater, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the actual final average salary of the member if the member had performed twenty (20) or more years of service prior to disability.&nbsp;</span></p> <p><span class="cls0">If such member participates in the Oklahoma Law Enforcement Deferred Option Plan pursuant to Section 2-305.2 of this title, such member's disability pension provided pursuant to this subsection shall be adjusted as provided in Section 2-305.2 of this title to account for such member's participation in the Oklahoma Law Enforcement Deferred Option Plan.&nbsp;</span></p> <p><span class="cls0">G. A member who meets the definition of disability as defined in Section 2-300 of this title and whose disability occurred prior to the member's normal retirement date but after completing three (3) years of vesting service and not by reason of the performance of the member's duties or as a result of the member's willful negligence shall receive a monthly benefit equal to two and one-half percent (2 1/2%) of final average salary multiplied by the number of years of the member's credited service.&nbsp;</span></p> <p><span class="cls0">H. Payment of a disability pension shall commence as of the first day of the month coinciding or next following the date of retirement and shall continue as long as the member meets the definition of total and permanent disability provided in this section.&nbsp;</span></p> <p><span class="cls0">I. For the purpose of determining the member's disability under subsection E, F or G of this section, the member shall be required by the Board to be examined by a minimum of two recognized physicians selected by the Board to determine the extent of the member's injury or illness. The examining physicians shall furnish the Board a detailed written report of the injury or illness of the examined member establishing the extent of disability and the possibilities of the disabled member being returned to his or her regular duties or an alternate occupation or service covered by the System after a normal recuperation period. The Board shall require all retired disabled members who have not attained their normal retirement date to submit to a physical examination once each year for a minimum of three (3) years following retirement. The Board shall select a minimum of two physicians to examine the retired members and pay for their services from the fund. Any retired disabled member found no longer disabled by the examining physicians to perform the occupation of the member or an alternate occupation or service covered by the System shall be required to return to duty and complete twenty (20) years of service as provided in subsection A of this section, or forfeit all his or her rights and claims under Section 2-300 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">J. The disability benefit under this section shall be for the lifetime of the member unless such member is found no longer disabled pursuant to subsection I of this section. Such member shall not be entitled to the retirement benefit pursuant to subsection A of this section unless such member returns to active duty and is eligible for a retirement benefit as provided in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">K. At the postoffer, preemployment physical examination required under paragraph 6 of Section 2-300 of this title, the physician selected by the Board shall determine the extent to which a new member is disabled. If a member is determined to be partially disabled, the physician shall assign a percentage of disability to such partial disability. If such member then becomes entitled to a disability benefit under either subsection E or subsection G of this section, the benefit payable shall be reduced by the percentage which such member was determined to be disabled at the postoffer, preemployment physical unless the Board makes a determination that the initially determined percentage of disability at the preemployment physical examination is unrelated to the reason for the disability currently sought pursuant to subsection E or subsection G of this section. Upon employment, the member shall disclose to the Board any disability payments received from any source. The amount of disability to be paid to any member cannot exceed one hundred percent (100%) disability from all sources. The provisions of this subsection shall apply only to members whose effective date of membership is on or after July 1, 2000.&nbsp;</span></p> <p><span class="cls0">L. In addition to the pension provided for under subsection F of this section, if said member has one or more children under the age of eighteen (18) years or under the age of twenty-two (22) years if the child is enrolled full time in and is regularly attending a public or private school or any institution of higher education, Four Hundred Dollars ($400.00) a month shall be paid from said Fund for the support of each surviving child to the member or person having the care and custody of such children until each child reaches the age of eighteen (18) years or reaches the age of twenty-two (22) years if the child is enrolled full time in and is regularly attending a public or private school or any institution of higher education.&nbsp;</span></p> <p><span class="cls0">M. Notwithstanding any other provisions in Section 2-300 through 2-315 of this title, in order to be eligible to receive disability benefits, a member who meets the definition of disability as defined in paragraph 11 of Section 2-300 of this title shall file the member's completed application for disability benefits with the System before such member's date of termination from service and provide such additional information that the System's rules require within six (6) months of the System's receipt of such application. If the member's completed application for disability benefits is not filed with the System before the member's date of termination from service or such additional information as is required under the System's rules is not provided within six (6) months of the System's receipt of such application, such member shall be eligible only for such other benefits as are available to members of the System and shall not be eligible to receive any disability benefits.&nbsp;</span></p> <p><span class="cls0">N. If the requirements of Section 2-305.1C of this title are satisfied, a member who, by reason of disability or attainment of normal retirement date or age, is separated from service as a public safety officer with the member's participating employer may elect to have payment made directly to the provider for qualified health insurance premiums by deduction from his or her monthly disability benefit or monthly retirement payment, after December 31, 2006, in accordance with Section 402(1) of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 332, &sect; 2-305, eff. Sept. 1, 1961. Amended by Laws 1967, c. 199, &sect; 4; Laws 1975, c. 365, &sect; 4, operative July 1, 1975; Laws 1980, c. 357, &sect; 9, eff. July 1, 1980; Laws 1981, c. 227, &sect; 4, operative July 1, 1981; Laws 1982, c. 328, &sect; 5, operative July 1, 1982; Laws 1985, c. 296, &sect; 3, emerg. eff. July 24, 1985; Laws 1988, c. 267, &sect; 22, operative July 1, 1988; Laws 1994, c. 351, &sect; 5, eff. July 1, 1994; Laws 1996, c. 315, &sect; 1, eff. July 1, 1996; Laws 2000, c. 377, &sect; 7, eff. July 1, 2000; Laws 2002, c. 399, &sect; 4, eff. July 1, 2002; Laws 2003, c. 3, &sect; 33, emerg. eff. March 19, 2003; Laws 2003, c. 406, &sect; 4, eff. July 1, 2003; Laws 2004, c. 542, &sect; 2, eff. July 1, 2004; Laws 2006, 2nd Ex. Sess., c. 46, &sect; 19, eff. July 1, 2006; Laws 2007, c. 152, &sect; 7, eff. July 1, 2007; Laws 2009, c. 169, &sect; 9, emerg. eff. May 11, 2009; Laws 2010, c. 438, &sect; 10, emerg. eff. June 9, 2010; Laws 2012, c. 307, &sect; 2, eff. Nov. 1, 2012; Laws 2013, c. 119, &sect; 2, eff. Nov. 1, 2013; Laws 2013, c. 318, &sect; 1, emerg. eff. May 24, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2002, c. 332, &sect; 2 repealed by Laws 2003, c. 3, &sect; 34, emerg. eff. March 19, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;472305.1. Computation of benefits Increase in benefits.&nbsp;</span></p> <p><span class="cls0">A. On July 1, 1988, a member who retired prior to July 1, 1985, or the surviving spouse of such a member or the surviving spouse of a member who became deceased prior to July 1, 1985, shall receive retirement benefits computed in accordance with the provisions of Section 2305 of Title 47 of the Oklahoma Statutes. For the purpose of the computation, the final average salary shall be Two Thousand Two Hundred Seventeen Dollars ($2,217.00).&nbsp;</span></p> <p><span class="cls0">B. Except for those persons specified in subsection A of this section, any person receiving benefits from the Oklahoma Law Enforcement Retirement System as of June 30, 1988, shall receive a three percent (3%) increase in said benefits on July 1, 1988.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 296, &sect; 4, emerg. eff. July 24, 1985. Amended by Laws 1988, c. 267, &sect; 23, operative July 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-305.1A. Direct rollover of distribution - Definitions - Notice - Election.&nbsp;</span></p> <p><span class="cls0">A. This section applies to distributions made on or after January 1, 2002. Notwithstanding any provision of the System to the contrary that would otherwise limit a Distributee&rsquo;s election hereunder, a Distributee, including a nonspouse designated beneficiary, to the extent permitted under paragraph 3 of subsection B of this section, may elect, at the time and in the manner prescribed by the Board, to have any portion of an Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the Distributee in a Direct Rollover.&nbsp;</span></p> <p><span class="cls0">B. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Eligible Rollover Distribution&rdquo; means any distribution of all or any portion of the balance to the credit of the Distributee, except that an Eligible Rollover Distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the Distributee or the joint lives (or life expectancies) of the Distributee and the Distributee&rsquo;s designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code of 1986, as amended; and the portion of any distribution that is not includable in gross income. A portion of a distribution shall not fail to be an Eligible Rollover Distribution merely because the portion consists of after-tax member contributions which are not includable in gross income. However, such portion may be transferred only:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;from January 1, 2002, through December 31, 2006:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;to an individual retirement account or annuity described in Section 408(a) or (b) of the Internal Revenue Code of 1986, as amended, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;in a direct trustee-to-trustee transfer, to a qualified trust which is part of a defined contribution plan that agrees to separately account for amounts so transferred, including separately accounting for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable; and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;on or after January 1, 2007:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;to an individual retirement account or annuity described in Section 408(a) or (b) of the Internal Revenue Code of 1986, as amended, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;in a direct trustee-to-trustee transfer to a qualified trust or an annuity contract described in Section 403(b) of the Internal Revenue Code of 1986, as amended, and such trust or contract provides for separate accounting for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable.&nbsp;</span></p> <p><span class="cls0">Effective for distributions after December 31, 2007, such after-tax portion may also be directly transferred to a Roth individual retirement account or annuity described in Section 408A of the Internal Revenue Code of 1986, as amended, (&ldquo;Roth IRA&rdquo;), subject to any limitations described in Section 408A(c) of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Eligible Retirement Plan&rdquo; means an individual retirement account described in Section 408(a) of the Internal Revenue Code of 1986, as amended, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code of 1986, as amended, an annuity plan described in Section 403(a) of the Internal Revenue Code of 1986, as amended, or a qualified trust described in Section 401(a) of the Internal Revenue Code of 1986, as amended, that accepts the Distributee&rsquo;s Eligible Rollover Distribution. Effective January 1, 2002, an Eligible Retirement Plan shall also mean an annuity contract described in Section 403(b) of the Internal Revenue Code of 1986, as amended, and an eligible plan under Section 457(b) of the Internal Revenue Code of 1986, as amended, which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from the System. Effective for distributions after December 31, 2007, an Eligible Retirement Plan includes a Roth IRA, subject to any limitations under Section 408A(c) of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Distributee&rdquo; means an employee or former employee. In addition, the employee&rsquo;s or former employee&rsquo;s surviving spouse and the employee&rsquo;s or former employee&rsquo;s spouse or former spouse who is the alternate payee under a qualified domestic order, as defined in subsection B of Section 2-303.3 of this title, are Distributees with regard to the interest of the spouse or the former spouse. Effective for distributions after December 31, 2006, a Distributee also includes the member&rsquo;s nonspouse designated beneficiary (and certain trusts described in Section 402(c)(11)(B) of the Internal Revenue Code of 1986, as amended), pursuant to Section 401(a)(9)(E) of the Internal Revenue Code of 1986, as amended, who may elect any portion of a payment to be made in a Direct Rollover only to a traditional individual retirement account or annuity (other than an endowment contract) described in Section 408(a) or (b) of the Internal Revenue Code of 1986, as amended, (&ldquo;IRA&rdquo;), or, effective for distributions after December 31, 2007, to a Roth IRA, that is established on behalf of such nonspouse designated beneficiary for the purpose of receiving the distribution and that will be treated as an inherited IRA pursuant to the provisions of Section 402(c)(11) of the Internal Revenue Code of 1986, as amended. Also, in this case, the determination of any required minimum distribution under Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, that is ineligible for rollover shall be made in accordance with Notice 2007-7, Q&A 17 and 18, 2007-5 Internal Revenue Bulletin 395. The required minimum distribution rules of Section 401(a)(9)(B) (other than clause iv thereof) of the Internal Revenue Code of 1986, as amended, apply to the transferee IRA.&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Direct Rollover&rdquo; means a payment by the System to the Eligible Retirement Plan specified by the Distributee.&nbsp;</span></p> <p><span class="cls0">C. At least thirty (30) days before and, effective for years beginning after December 31, 2006, not more than one hundred eighty (180) days before the date of distribution, the Distributee (other than a nonspouse designated beneficiary prior to July 1, 2010) must be provided with a notice of rights which satisfies Section 402(f) of the Internal Revenue Code of 1986, as amended, as to rollover options and tax effects. Such distribution may commence less than thirty (30) days after the notice is given, provided that:&nbsp;</span></p> <p><span class="cls0">1. The Board clearly informs the Distributee that the Distributee has a right to a period of at least thirty (30) days after receiving the notice to consider the decision of whether or not to elect a distribution; and&nbsp;</span></p> <p><span class="cls0">2. The Distributee, after receiving the notice, affirmatively elects a distribution.&nbsp;</span></p> <p><span class="cls0">D. For distributions made after December 31, 2006, but prior to July 1, 2010, a distribution with respect to a nonspouse designated beneficiary shall be made in accordance with Notice 2007-7, Q&A 15, 2007-5 Internal Revenue Bulletin 395. Effective for plan years beginning after December 31, 2009, a distribution with respect to a nonspouse designated beneficiary shall be subject to Sections 401(a)(31), 402(f) and 3405(c) of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1999, c. 257, &sect; 25, eff. July 1, 1999. Amended by Laws 2000, c. 287, &sect; 16, eff. July 1, 2000; Laws 2003, c. 406, &sect; 5, eff. July 1, 2003; Laws 2007, c. 152, &sect; 8, eff. July 1, 2007; Laws 2008, c. 177, &sect; 9, eff. July 1, 2008; Laws 2010, c. 437, &sect; 9, emerg. eff. June 9, 2010; Laws 2011, c. 141, &sect; 2, emerg. eff. April 29, 2011; Laws 2012, c. 52, &sect; 2, emerg. eff. April 16, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-305.1B. Trustee-to-trustee transfer - Treatment of trust - Rules.&nbsp;</span></p> <p><span class="cls0">A. An individual who has been designated, pursuant to Section 401(a)(9)(E) of the Internal Revenue Code of 1986, as amended, as the beneficiary of a deceased member and who is not the surviving spouse of the member, may elect, in accordance with Section 402(c)(11) of the Internal Revenue Code of 1986, as amended, to have a direct trustee-to-trustee transfer of any portion of such beneficiary&rsquo;s distribution from the Oklahoma Law Enforcement Retirement System after December 31, 2006, made only to a traditional individual retirement account or individual retirement annuity (other than an endowment contract) described in Section 408(a) or (b) of the Internal Revenue Code of 1986, as amended (IRA), or, effective for distributions after December 31, 2007, to a Roth individual retirement account or annuity described in Section 408A of the Internal Revenue Code of 1986, as amended (Roth IRA), that is established on behalf of such designated individual for the purpose of receiving the distribution. If such transfer is made, then:&nbsp;</span></p> <p><span class="cls0">1. For distributions made after December 31, 2006, but prior to July 1, 2010, the transfer is treated as an eligible rollover distribution for purposes of Section 402(c)(11) of the Internal Revenue Code of 1986, as amended. For plan years beginning after December 31, 2009, the transfer is treated as an eligible rollover distribution;&nbsp;</span></p> <p><span class="cls0">2. The transferee IRA is treated as an inherited individual retirement account or an inherited individual retirement annuity (within the meaning of Section 408(d)(3)(C) of the Internal Revenue Code of 1986, as amended), and must be titled in the name of the deceased member, for the benefit of the beneficiary; and&nbsp;</span></p> <p><span class="cls0">3. The required minimum distribution rules of Section 401(a)(9)(B), other than clause iv thereof, of the Internal Revenue Code of 1986, as amended, apply to the transferee IRA.&nbsp;</span></p> <p><span class="cls0">B. A trust maintained for the benefit of one or more designated beneficiaries shall be treated in the same manner as a designated beneficiary.&nbsp;</span></p> <p><span class="cls0">C. The Board shall promulgate such rules as are necessary to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 152, &sect; 9, eff. July 1, 2007. Amended by Laws 2009, c. 169, &sect; 10, emerg. eff. May 11, 2009; Laws 2010, c. 437, &sect; 10, emerg. eff. June 9, 2010; Laws 2011, c. 141, &sect; 3, emerg. eff. April 29, 2011; Laws 2012, c. 52, &sect; 3, emerg. eff. April 16, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-305.1C. Direct payments for qualified health insurance premiums - Definitions - Rules.&nbsp;</span></p> <p><span class="cls0">A. A member who is an eligible retired public safety officer and who wishes to have direct payments made toward the member's qualified health insurance premiums from the member's monthly disability benefit or monthly retirement payment must make a written election in accordance with Section 402(1) of the Internal Revenue Code of 1986, as amended, on the form provided by the Oklahoma Law Enforcement Retirement System, as follows:&nbsp;</span></p> <p><span class="cls0">1. The election must be made after the member separates from service as a public safety officer with the member's participating employer;&nbsp;</span></p> <p><span class="cls0">2. The election shall only apply to distributions from the System after December 31, 2006, and to amounts not yet distributed to the eligible retired public safety officer;&nbsp;</span></p> <p><span class="cls0">3. Direct payments for an eligible retired public safety officer's qualified health insurance premiums can only be made from the member's monthly disability benefit or monthly retirement payment from the System and cannot be made from the Oklahoma Law Enforcement Deferred Option Plan; and&nbsp;</span></p> <p><span class="cls0">4. The aggregate amount of the exclusion from an eligible retired public safety officer's gross income is Three Thousand Dollars ($3,000.00) per calendar year.&nbsp;</span></p> <p><span class="cls0">B. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. "Eligible retired public safety officer" is a member who, by reason of disability or attainment of normal retirement date or age, is separated from service as a public safety officer with the member's participating employer;&nbsp;</span></p> <p><span class="cls0">2. "Public safety officer" means a member serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, firefighter, chaplain, or a member of a rescue squad or ambulance crew; and&nbsp;</span></p> <p><span class="cls0">3. "Qualified health insurance premiums" means premiums for coverage for the eligible retired public safety officer, the eligible retired public safety officer's spouse, and dependents, as defined in Section 152 of the Internal Revenue Code of 1986, as amended, by an accident or health insurance plan or a qualified long-term care insurance contract, as defined in Section 7702B(b) of the Internal Revenue Code of 1986, as amended. The health plan does not have to be sponsored by the eligible retired public safety officer's former participating employer.&nbsp;</span></p> <p><span class="cls0">C. The Board shall promulgate such rules as are necessary to implement the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 152, &sect; 10, eff. July 1, 2007. Amended by Laws 2013, c. 16, &sect; 1.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-305.2. Deferred option plans.&nbsp;</span></p> <p><span class="cls0">A. In lieu of terminating employment and accepting a service retirement pension pursuant to Section 2-305 of this title, any member of the Oklahoma Law Enforcement Retirement System who has not less than twenty (20) years of participating service and who is eligible to receive a service retirement pension may make an irrevocable election to participate in the Oklahoma Law Enforcement Deferred Option Plan and defer the receipts of benefits in accordance with the provisions of this section.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, participating service shall include service credit recognized pursuant to paragraphs (c) and (d) of Section 2-307, subsection B of Section 2-307.2, and Sections 2-309.1, 2-309.2, 2-309.3, 2-309.4, 2-309.5, 2-309.6 and 2-309.7 of this title but for eligibility purposes only.&nbsp;</span></p> <p><span class="cls0">C. The duration of participation in the Oklahoma Law Enforcement Deferred Option Plan for a member shall not exceed five (5) years. Participation in the Oklahoma Law Enforcement Deferred Option Plan must begin the first day of a month and end on the last day of the month. At the conclusion of a member&rsquo;s participation in the Oklahoma Law Enforcement Deferred Option Plan, the member shall terminate employment as a member of the Oklahoma Law Enforcement Retirement System, and shall start receiving the member&rsquo;s accrued monthly retirement benefit from the System. Such a member may continue to receive in-service distributions of such member&rsquo;s accrued monthly retirement benefit from the System if the member is reemployed by a state agency only if such reemployment is in a position not covered under the System.&nbsp;</span></p> <p><span class="cls0">D. When a member begins participation in the Oklahoma Law Enforcement Deferred Option Plan, the contribution of the member shall cease. The employer contributions shall continue to be paid in accordance with Section 2-304 of this title. Employer contributions for members who elect the Oklahoma Law Enforcement Deferred Option Plan shall be credited equally to the Oklahoma Law Enforcement Retirement System and to the member&rsquo;s Oklahoma Law Enforcement Deferred Option Plan account. The monthly retirement benefits that would have been payable had the member elected to cease employment and receive a service retirement shall be paid into the member&rsquo;s Oklahoma Law Enforcement Deferred Option Plan account.&nbsp;</span></p> <p><span class="cls0">E. 1. A member who participates in this plan shall be eligible to receive cost of living increases.&nbsp;</span></p> <p><span class="cls0">2. A member who participates in this plan shall earn interest at a rate of two percentage points below the rate of return of the investment portfolio of the System, but no less than the actuarial assumed interest rate as certified by the actuary in the yearly evaluation report of the actuary. The interest shall be credited to the individual account balance of the member on an annual basis.&nbsp;</span></p> <p><span class="cls0">F. A member in the Oklahoma Law Enforcement Deferred Option Plan shall receive, at the option of the member:&nbsp;</span></p> <p><span class="cls0">1. A lump-sum payment from the account equal to the option account balance of the member, payable to the member;&nbsp;</span></p> <p><span class="cls0">2. A lump-sum payment from the account equal to the option account balance of the member, payable to the annuity provider which shall be selected by the member as a result of the research and investigation of the member; or&nbsp;</span></p> <p><span class="cls0">3. Any other method of payment if approved by the Board.&nbsp;</span></p> <p><span class="cls0">Notwithstanding any other provision contained herein to the contrary, commencement of distributions under the Oklahoma Law Enforcement Deferred Option Plan shall be no later than the time as set forth in paragraph 7 of Section 2-300 of this title.&nbsp;</span></p> <p><span class="cls0">If a member meets the definition of disability as defined in paragraph 11 of Section 2-300 of this title by direct reason of the performance of the member&rsquo;s duties, the payment from the account shall be an in-line-of-duty disability payment.&nbsp;</span></p> <p><span class="cls0">G. If the member dies during the period of participation in the Oklahoma Law Enforcement Deferred Option Plan, a lump-sum payment equal to the account balance of the member shall be paid to the designated beneficiary as defined in paragraph 17 of Section 2-300 of this title, or if there is no designated beneficiary or the designated beneficiary predeceases the member, to the estate of the member. If such member was receiving, or eligible to receive, an in-line-of-duty disability pension pursuant to subsection E or F of Section 2-305 of this title at the time of death, payment of the account balance shall be an in-line-of-duty disability payment.&nbsp;</span></p> <p><span class="cls0">H. In lieu of participating in the Oklahoma Law Enforcement Deferred Option Plan pursuant to subsections A, B, C, D, E and F of this section, a member may make an irrevocable election to participate in the Oklahoma Law Enforcement Deferred Option Plan pursuant to this subsection as follows:&nbsp;</span></p> <p><span class="cls0">1. For purposes of this subsection, the following definitions shall apply:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;&ldquo;back drop date&rdquo; means the date selected by the member which is up to five (5) years before the member elects to participate in the Oklahoma Law Enforcement Deferred Option Plan, but not before the date at which the member completes twenty (20) years of participating service,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;&ldquo;termination date&rdquo; means the date the member elects to participate in the Oklahoma Law Enforcement Deferred Option Plan pursuant to this subsection and the date the member terminates employment and starts receiving the member&rsquo;s accrued monthly retirement benefit from the System. Such termination has at all times included reemployment of a member by a state agency, but only in a position not covered under the System,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;&ldquo;earlier attained participating service&rdquo; means the participating service earned by a member as of the back drop date. Earlier attained participating service cannot be reduced to less than twenty (20) years of participating service, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;&ldquo;deferred benefit balance&rdquo; means all retirement benefits that would have been paid from the back drop date to the termination date, and one half (1/2) of the employer contributions from the back drop date to the termination date, with interest based on how the benefit would have accumulated on a compound annual basis as if the member had participated in the Oklahoma Law Enforcement Deferred Option Plan pursuant to subsections A, B, C, D and E of this section from the back drop date to the termination date;&nbsp;</span></p> <p><span class="cls0">2. At the termination date, a member&rsquo;s monthly pension benefit shall be determined based on the earlier attained participating service and on the final average salary as of the back drop date. The member&rsquo;s individual deferred option account shall be credited with an amount equal to the deferred benefit balance; the member shall terminate employment and shall start receiving the member&rsquo;s accrued monthly retirement benefit from the System. The member shall, upon application filed with the Board, be refunded from the fund an amount equal to the accumulated contributions the member made to the fund from the back drop date to the termination date, but excluding any interest. Such termination has at all times included reemployment of a member by a state agency, but only in a position not covered under the System. The provisions of subsections B, C, E, F and G of this section shall apply to this subsection; and&nbsp;</span></p> <p><span class="cls0">3. A member may participate in the Oklahoma Law Enforcement Deferred Option Plan pursuant to this subsection even if the member has elected to participate in the Oklahoma Law Enforcement Deferred Option Plan pursuant to subsections A, B, C, D, E and F of this section. Such a member may select a back drop date which is up to five (5) years prior to the termination date, but not before the date at which the member completes twenty (20) years of participating service. Such a member&rsquo;s participation in the Oklahoma Law Enforcement Deferred Option Plan may not exceed five (5) years when combined with such a member&rsquo;s prior period of participation in the Oklahoma Law Enforcement Deferred Option Plan. The provisions of subsections B, C, E, F and G of this section shall apply to this subsection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 247, &sect; 2, eff. Oct. 1, 1990. Amended by Laws 1990, c. 334, &sect; 3, operative July 1, 1990; Laws 1993, c. 157, &sect; 2, eff. July 1, 1993; Laws 2003, c. 343, &sect; 2, eff. July 1, 2003; Laws 2004, c. 5, &sect; 33, emerg. eff. March 1, 2004; Laws 2004, c. 542, &sect; 3, eff. July 1, 2004; Laws 2006, 2nd Ex.Sess., c. 46, &sect; 20, eff. July 1, 2006; Laws 2010, c. 437, &sect; 11, emerg. eff. June 9, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2003, c. 406, &sect; 6 repealed by Laws 2004, c. 5, &sect; 34, emerg. eff. March 1, 2004. Laws 2003, c. 456, &sect; 2 repealed by Laws 2004, c. 5, &sect; 35, emerg. eff. March 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-305.3. Increase in benefits.&nbsp;</span></p> <p><span class="cls0">Any person receiving benefits from the Oklahoma Law Enforcement Retirement System as of June 30, 1993, shall receive a two and one-half percent (2 1/2%) increase in said benefits on July 1, 1994.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 340, &sect; 21, eff. July 1, 1990. Amended by Laws 1994, c. 383, &sect; 6, eff. July 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-305.4. Limitations on benefits and contributions under qualified plans of the Internal Revenue Code of 1986.&nbsp;</span></p> <p><span class="cls0">A. For limitation years prior to July 1, 2007, the limitations of Section 415 of the Internal Revenue Code of 1986, as amended, shall be computed in accordance with the applicable provisions of the System in effect at that time and, to the extent applicable, Revenue Ruling 98-1 and Revenue Ruling 2001-51, except as provided herein. Notwithstanding any other provision contained herein to the contrary, the benefits payable to a member from the Oklahoma Law Enforcement Retirement System provided by employer contributions (including contributions picked up by the employer under Section 414(h) of the Internal Revenue Code of 1986, as amended), shall be subject to the limitations of Section 415 of the Internal Revenue Code of 1986, as amended, in accordance with the provisions of this section. The limitations of this section shall apply in limitation years beginning on or after July 1, 2007, except as otherwise provided herein.&nbsp;</span></p> <p><span class="cls0">B. Except as provided herein, effective for limitation years ending after December 31, 2001, any accrued retirement benefit payable to a member as an annual benefit as described herein shall not exceed One Hundred Sixty Thousand Dollars ($160,000.00), automatically adjusted under Section 415(d) of the Internal Revenue Code of 1986, as amended, for increases in the cost of living, as prescribed by the Secretary of the Treasury or the Secretary's delegate, effective January 1 of each calendar year and applicable to the limitation year ending with or within such calendar year. The automatic annual adjustment of the dollar limitation in this subsection under Section 415(d) of the Internal Revenue Code of 1986, as amended, shall apply to a member who has had a severance from employment.&nbsp;</span></p> <p><span class="cls0">1. The member's annual benefit is a benefit that is payable annually in the form of a straight life annuity. Except as provided herein, where a benefit is payable in a form other than a straight life annuity, the benefit shall be adjusted to an actuarially equivalent straight life annuity that begins at the same time as such other form of benefit and is payable on the first day of each month, before applying the limitations of this section. For a member who has or will have distributions commencing at more than one annuity starting date, the annual benefit shall be determined as of each such annuity starting date (and shall satisfy the limitations of this section as of each such date), actuarially adjusting for past and future distributions of benefits commencing at the other annuity starting dates. For this purpose, the determination of whether a new starting date has occurred shall be made without regard to Section 1.401(a)-20, Q&A 10(d), and with regard to Section 1.415(b)-1(b)(1)(iii)(B) and (C) of the Income Tax Regulations.&nbsp;</span></p> <p><span class="cls0">2. No actuarial adjustment to the benefit shall be made for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;survivor benefits payable to a surviving spouse under a qualified joint and survivor annuity to the extent such benefits would not be payable if the member's benefit were paid in another form,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;benefits that are not directly related to retirement benefits (such as a qualified disability benefit, preretirement incidental death benefits) and postretirement medical benefits, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the inclusion in the form of benefit of an automatic benefit increase feature, provided, the form of benefit is not subject to Section 417(e)(3) of the Internal Revenue Code of 1986, as amended, and would otherwise satisfy the limitations of this section, and the System provides that the amount payable under the form of benefit in any limitation year shall not exceed the limits of this section applicable at the annuity starting date, as increased in subsequent years pursuant to Section 415(d) of the Internal Revenue Code of 1986, as amended. For this purpose, an automatic benefit increase feature is included in a form of benefit if the form of benefit provides for automatic, periodic increases to the benefits paid in that form.&nbsp;</span></p> <p><span class="cls0">3. The determination of the annual benefit shall take into account Social Security supplements described in Section 411(a)(9) of the Internal Revenue Code of 1986, as amended, and benefits transferred from another defined benefit plan, other than transfers of distributable benefits pursuant to Section 1.411(d)-4, Q&A-3(c), of the Income Tax Regulations, but shall disregard benefits attributable to employee contributions or rollover contributions.&nbsp;</span></p> <p><span class="cls0">4. Effective for distributions in plan years beginning after December 31, 2003, the determination of actuarial equivalence of forms of benefit other than a straight life annuity shall be made in accordance with paragraph 5 or paragraph 6 of this subsection.&nbsp;</span></p> <p><span class="cls0">5. Benefit Forms Not Subject to Section 417(e)(3) of the Internal Revenue Code of 1986, as amended: The straight life annuity that is actuarially equivalent to the member's form of benefit shall be determined under this paragraph 5 if the form of the member's benefit is either:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a nondecreasing annuity (other than a straight life annuity) payable for a period of not less than the life of the member (or, in the case of a qualified preretirement survivor annuity, the life of the surviving spouse), or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;an annuity that decreases during the life of the member merely because of:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the death of the survivor annuitant (but only if the reduction is not below fifty percent (50%) of the benefit payable before the death of the survivor annuitant), or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the cessation or reduction of Social Security supplements or qualified disability payments (as defined in Section 411(a)(9) of the Internal Revenue Code of 1986, as amended).&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Limitation Years Beginning Before July 1, 2007. For limitation years beginning before July 1, 2007, the actuarially equivalent straight life annuity is equal to the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit computed using whichever of the following produces the greater annual amount:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the interest rate and the mortality table or other tabular factor, each as set forth in subsection H of Section 2-303.1 of this title for adjusting benefits in the same form, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;a five percent (5%) interest rate assumption and the applicable mortality table described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable) for that annuity starting date.&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;Limitation Year Beginning On January 1, 2008. For the limitation year beginning on January 1, 2008, the actuarially equivalent straight life annuity is equal to the greater of:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the annual amount of the straight life annuity, if any, payable to the member under the System commencing at the same annuity starting date as the member's form of benefit, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using a five percent (5%) interest rate assumption and the applicable mortality table described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable) for that annuity starting date.&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;Limitation Years Beginning On or After July 1, 2008. For limitation years beginning on or after July 1, 2008, the actuarially equivalent straight life annuity is equal to the greater of:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the annual amount of the straight life annuity, if any, payable to the member under the System commencing at the same annuity starting date as the member's form of benefit, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using a five percent (5%) interest rate assumption and the applicable mortality table within the meaning of Section 417(e)(3)(B) of the Internal Revenue Code of 1986, as amended, as described in Rev. Rul. 2007-67 (and subsequent guidance) for that annuity starting date.&nbsp;</span></p> <p><span class="cls0">6. Benefit Forms Subject to Section 417(e)(3) of the Internal Revenue Code of 1986, as amended: The straight life annuity that is actuarially equivalent to the member's form of benefit shall be determined under this paragraph if the form of the member's benefit is other than a benefit form described in paragraph 5 of this subsection. In this case, the actuarially equivalent straight life annuity shall be determined as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Annuity Starting Date on or after January 1, 2009. If the annuity starting date of the member's form of benefit is in the period beginning on January 1, 2009 through June 30, 2009, or in a plan year beginning after June 30, 2009, the actuarially equivalent straight life annuity is equal to the greatest of (1), (2) and (3):&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using the interest rate and the mortality table or other tabular factor, each as set forth in the most recent actuarial valuation referenced in subsection H of Section 2-303.1 of this title prior to September 1, 2011, and effective September 1, 2011, in subsection L of this section, for adjusting benefits in the same form,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using a five and one-half percent (5.5%) interest rate assumption and the applicable mortality table within the meaning of Section 417(e)(3)(B) of the Internal Revenue Code of 1986, as amended, as described in Rev. Rul. 2007-67 (and subsequent guidance), and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using:&nbsp;</span></p> <p class="cls7"><span class="cls0">(a)&nbsp;&nbsp;the adjusted first, second, and third segment rates under Section 417(e)(3)(C) and (D) of the Internal Revenue Code of 1986, as amended, applied under rules similar to the rules of Section 430(h)(2)(C) of the Internal Revenue Code of 1986, as amended, for the fourth calendar month preceding the plan year in which falls the annuity starting date for the distribution and the stability period is the successive period of one (1) plan year which contains the annuity starting date for the distribution and for which the applicable interest rate remains constant, or as otherwise provided in the applicable guidance if the first day of the first plan year beginning after December 31, 2007, does not coincide with the first day of the applicable stability period, and&nbsp;</span></p> <p class="cls7"><span class="cls0">(b)&nbsp;&nbsp;the applicable mortality table within the meaning of Section 417(e)(3)(B) of the Internal Revenue Code of 1986, as amended, as described in Rev. Rul. 2007-67 (and subsequent guidance),&nbsp;</span></p> <p class="cls6"><span class="cls0">divided by one and five one-hundredths (1.05).&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Annuity Starting Date in the Period Beginning on July 1, 2008 through December 31, 2008. If the annuity starting date of the member's form of benefit is in the period beginning on July 1, 2008 through December 31, 2008, the actuarially equivalent straight life annuity is equal to the greatest of (1), (2) and (3) of this subsection:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using the interest rate and the mortality table or other tabular factor, each as set forth in subsection H of Section 2-303.1 of this title for adjusting benefits in the same form,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using a five and one-half percent (5.5%) interest rate assumption and the applicable mortality table described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable), and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using:&nbsp;</span></p> <p class="cls7"><span class="cls0">(a)&nbsp;&nbsp;the adjusted first, second, and third segment rates under Section 417(e)(3)(C) and (D) of the Internal Revenue Code of 1986, as amended, applied under rules similar to the rules of Section 430(h)(2)(C) of the Internal Revenue Code of 1986, as amended, for the fourth calendar month preceding the plan year in which falls the annuity starting date for the distribution and the stability period is the successive period of one (1) plan year which contains the annuity starting date for the distribution and for which the applicable interest rate remains constant, or as otherwise provided in the applicable guidance if the first day of the first plan year beginning after December 31, 2007, does not coincide with the first day of the applicable stability period, and&nbsp;</span></p> <p class="cls7"><span class="cls0">(b)&nbsp;&nbsp;the applicable mortality table described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable),&nbsp;</span></p> <p class="cls6"><span class="cls0">and divided by one and five one-hundredths (1.05).&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;Annuity Starting Date in Plan Years Beginning in 2006 or 2007. If the annuity starting date of the member's form of benefit is in a Plan Year beginning in 2006 or 2007, the actuarially equivalent straight life annuity is equal to the greatest of (1), (2) and (3) of this subsection:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using the interest rate and the mortality table (or other tabular factor) each as set forth in subsection H of Section 2-303.1 of this title for adjusting benefits in the same form,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using a five and one-half percent (5.5%) interest rate assumption and the applicable mortality table described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable), and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using:&nbsp;</span></p> <p class="cls7"><span class="cls0">(a)&nbsp;&nbsp;the rate of interest on thirty-year Treasury securities as specified by the Commissioner for the lookback month for the stability period specified herein. The lookback month applicable to the stability period is the fourth calendar month preceding the first day of the stability period, as specified herein. The stability period is the successive period of one (1) plan year which contains the annuity starting date for the distribution and for which the applicable interest rate remains constant, and&nbsp;</span></p> <p class="cls7"><span class="cls0">(b)&nbsp;&nbsp;the applicable mortality table described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable),&nbsp;</span></p> <p class="cls6"><span class="cls0">divided by one and five one-hundredths (1.05).&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;Annuity Starting Date in Plan Years Beginning in 2004 or 2005.&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;If the annuity starting date of the member's form of benefit is in a plan year beginning in 2004 or 2005, the actuarially equivalent straight life annuity is equal to the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using whichever of the following produces the greater annual amount:&nbsp;</span></p> <p class="cls7"><span class="cls0">(a)&nbsp;&nbsp;the interest rate and the mortality table or other tabular factor, each as set forth in subsection H of Section 2-303.1 of this title for adjusting benefits in the same form, and&nbsp;</span></p> <p class="cls7"><span class="cls0">(b)&nbsp;&nbsp;a five and one-half percent (5.5%) interest rate assumption and the applicable mortality table described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable).&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;If the annuity starting date of the member's benefit is on or after the first day of the first plan year beginning in 2004 and before December 31, 2004, the application of this subparagraph shall not cause the amount payable under the member's form of benefit to be less than the benefit calculated under the System, taking into account the limitations of this section, except that the actuarially equivalent straight life annuity is equal to the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the member's form of benefit, computed using whichever of the following produces the greatest annual amount:&nbsp;</span></p> <p class="cls7"><span class="cls0">(a)&nbsp;&nbsp;the interest rate and mortality table or other tabular factor, each as set forth in subsection H of Section 2-203.1 of this title for adjusting benefits in the same form,&nbsp;</span></p> <p class="cls8"><span class="cls0">(b)&nbsp;&nbsp;i.&nbsp;&nbsp;the rate of interest on thirty-year Treasury securities as specified by the Commissioner for the lookback month for the stability period specified herein. The lookback month applicable to the stability period is the fourth calendar month preceding the first day of the stability period, as specified herein. The stability period is the successive period of one (1) plan year which contains the annuity starting date for the distribution and for which the applicable interest rate remains constant, and&nbsp;</span></p> <p class="cls8"><span class="cls0">ii.&nbsp;&nbsp;the applicable mortality table described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable), and&nbsp;</span></p> <p class="cls8"><span class="cls0">(c)&nbsp;&nbsp;i.&nbsp;&nbsp;the rate of interest on thirty-year Treasury securities as specified by the Commissioner for the lookback month for the stability period specified herein. The lookback month applicable to the stability period is the fourth calendar month preceding the first day of the stability period, as specified herein. The stability period is the successive period of one (1) plan year which contains the annuity starting date for the distribution and for which the applicable interest rate remains constant (as in effect on the last day of the last plan year beginning before January 1, 2004, under provisions of the System then adopted and in effect), and&nbsp;</span></p> <p class="cls8"><span class="cls0">ii.&nbsp;&nbsp;the applicable mortality table described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable).&nbsp;</span></p> <p><span class="cls0">C. If a member has less than ten (10) years of participation in the System and all predecessor pension and retirement systems, the dollar limitation otherwise applicable under subsection B of this section shall be multiplied by a fraction, the numerator of which is the number of the years of participation or part thereof, in the System of the member, but never less than one (1), and the denominator of which is ten (10).&nbsp;</span></p> <p><span class="cls0">D. Adjustment of Dollar Limitation for Benefit Commencement Before Sixty-two (62) Years of Age or After Sixty-five (65) Years of Age: Effective for benefits commencing in limitation years ending after December 31, 2001, the dollar limitation under subsection B of this section shall be adjusted if the annuity starting date of the member's benefit is before sixty-two (62) years of age or after sixty-five (65) years of age. If the annuity starting date is before sixty-two (62) years of age, the dollar limitation under subsection B of this section shall be adjusted under paragraph 1 of this subsection, as modified by paragraph 3 of this subsection, but subject to paragraph 4 of this subsection. If the annuity starting date is after sixty-five (65) years of age, the dollar limitation under subsection B of this section shall be adjusted under paragraph 2 of this subsection, as modified by paragraph 3 of this subsection.&nbsp;</span></p> <p><span class="cls0">1. Adjustment of Defined Benefit Dollar Limitation for Benefit Commencement Before Sixty-two (62) Years of Age:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Limitation Years Beginning Before July 1, 2007. If the annuity starting date for the member's benefit is prior to sixty-two (62) years of age and occurs in a limitation year beginning before July 1, 2007, the dollar limitation for the member's annuity starting date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the member's annuity starting date that is the actuarial equivalent of the dollar limitation under subsection B of this section (adjusted under subsection C of this section for years of participation less than ten (10), if required) with actuarial equivalence computed using whichever of the following produces the smaller annual amount:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the interest rate and the mortality table or other tabular factor, each as set forth in subsection H of Section 2-303.1 of this title, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;a five percent (5%) interest rate assumption and the applicable mortality table as described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable).&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Limitation Years Beginning On or After July 1, 2007.&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;System Does Not Have Immediately Commencing Straight Life Annuity Payable at Both Sixty-two (62) Years of Age and the Age of Benefit Commencement.&nbsp;</span></p> <p class="cls7"><span class="cls0">(a)&nbsp;&nbsp;If the annuity starting date for the member's benefit is prior to sixty-two (62) years of age and occurs in the limitation year beginning on or after January 1, 2008, and the System does not have an immediately commencing straight life annuity payable at both sixty-two (62) years of age and the age of benefit commencement, the dollar limitation for the member's annuity starting date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the member's annuity starting date that is the actuarial equivalent of the dollar limitation under subsection B of this section (adjusted under subsection C of this section for years of participation less than ten (10), if required) with actuarial equivalence computed using a five percent (5%) interest rate assumption and the applicable mortality table for the annuity starting date as described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable) (and expressing the member's age based on completed calendar months as of the annuity starting date).&nbsp;</span></p> <p class="cls7"><span class="cls0">(b)&nbsp;&nbsp;If the annuity starting date for the member's benefit is prior to sixty-two (62) years of age and occurs in a limitation year beginning on or after January 1, 2009, and the System does not have an immediately commencing straight life annuity payable at both sixty-two (62) years of age and the age of benefit commencement, the dollar limitation for the member's annuity starting date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the member's annuity starting date that is the actuarial equivalent of the dollar limitation under subsection B of this section (adjusted under subsection C of this section for years of participation less than ten (10), if required) with actuarial equivalence computed using a five percent (5%) interest rate assumption and the applicable mortality table within the meaning of Section 417(e)(3)(B) of the Internal Revenue Code of 1986, as amended, as described in Rev. Rul. 2007-67 (and subsequent guidance) (and expressing the member's age based on completed calendar months as the annuity starting date).&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;System Has Immediately Commencing Straight Life Annuity Payable at Both Sixty-two (62) Years of Age and the Age of Benefit Commencement. If the annuity starting date for the member's benefit is prior to sixty-two (62) years of age and occurs in a limitation year beginning on or after July 1, 2007, and the System has an immediately commencing straight life annuity payable at both sixty-two (62) years of age and the age of benefit commencement, the dollar limitation for the member's annuity starting date is the lesser of the limitation determined under division (1) of subparagraph b of this paragraph and the dollar limitation under subsection B of this section (adjusted under subsection C of this section for years of participation less than ten (10), if required) multiplied by the ratio of the annual amount of the immediately commencing straight life annuity under the System at the member's annuity starting date to the annual amount of the immediately commencing straight life annuity under the System at sixty-two (62) years of age, both determined without applying the limitations of this section.&nbsp;</span></p> <p><span class="cls0">2. Adjustment of Defined Benefit Dollar Limitation for Benefit Commencement After Sixty-five (65) Years of Age:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;Limitation Years Beginning Before July 1, 2007. If the annuity starting date for the member's benefit is after sixty-five (65) years of age and occurs in a limitation year beginning before July 1, 2007, the dollar limitation for the member's annuity starting date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the member's annuity starting date that is the actuarial equivalent of the dollar limitation under subsection B of this section (adjusted under subsection C of this section for years of participation less than ten (10), if required) with actuarial equivalence computed using whichever of the following produces the smaller annual amount:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the interest rate and the mortality table or other tabular factor, each as set forth in subsection H of Section 2-303.1 of this title, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;a five percent (5%) interest rate assumption and the applicable mortality table as described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable).&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Limitation Years Beginning On or After July 1, 2007.&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;System Does Not Have Immediately Commencing Straight Life Annuity Payable at Both Sixty-five (65) Years of Age and the Age of Benefit Commencement.&nbsp;</span></p> <p class="cls7"><span class="cls0">(a)&nbsp;&nbsp;If the annuity starting date for the member's benefit is after sixty-five (65) years of age and occurs in the limitation year beginning on January 1, 2008, and the System does not have an immediately commencing straight life annuity payable at both sixty-five (65) years of age and the age of benefit commencement, the dollar limitation at the member's annuity starting date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the member's annuity starting date that is the actuarial equivalent of the dollar limitation under subsection B of this section (adjusted under subsection C of this section for years of participation less than ten (10), if required) with actuarial equivalence computed using a five percent (5%) interest rate assumption and the applicable mortality table for the annuity starting date as described in Revenue Ruling 2001-62 (or its successor for these purposes, if applicable) (and expressing the member's age based on completed calendar months as of the annuity starting date).&nbsp;</span></p> <p class="cls7"><span class="cls0">(b)&nbsp;&nbsp;If the annuity starting date for the member's benefit is after sixty-five (65) years of age and occurs in a limitation year beginning on or after January 1, 2009, and the System does not have an immediately commencing straight life annuity payable at both sixty-five (65) years of age and the age of benefit commencement, the dollar limitation for the member's annuity starting date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the member's annuity starting date that is the actuarial equivalent of the dollar limitation under subsection B of this section (adjusted under subsection C of this section for years of participation less than ten (10), if required) with actuarial equivalence computed using a five percent (5%) interest rate assumption and the applicable mortality table within the meaning of Section 417(e)(3)(B) of the Internal Revenue Code of 1986, as amended, as described in Rev. Rul. 2007-67 (and subsequent guidance) (and expressing the member's age based on completed calendar months as of the annuity starting date).&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;System Has Immediately Commencing Straight Life Annuity Payable at Both Sixty-five (65) Years of Age and Age of Benefit Commencement. If the annuity starting date for the member's benefit is after sixty-five (65) years of age and occurs in a limitation year beginning on or after July 1, 2007, and the System has an immediately commencing straight life annuity payable at both sixty-five (65) years of age and the age of benefit commencement, the dollar limitation at the member's annuity starting date is the lesser of the limitation determined under division (1) of subparagraph b of this paragraph and the dollar limitation under subsection B of this section (adjusted under subsection C of this section for years of participation less than ten (10), if required) multiplied by the ratio of the annual amount of the adjusted immediately commencing straight life annuity under the System at the member's annuity starting date to the annual amount of the adjusted immediately commencing straight life annuity under the System at sixty-five (65) years of age, both determined without applying the limitations of this section. For this purpose, the adjusted immediately commencing straight life annuity under the System at the member's annuity starting date is the annual amount of such annuity payable to the member, computed disregarding the member's accruals after sixty-five (65) years of age but including actuarial adjustments even if those actuarial adjustments are used to offset accruals; and the adjusted immediately commencing straight life annuity under the System at sixty-five (65) years of age is the annual amount of such annuity that would be payable under the System to a hypothetical member who is sixty-five (65) years of age and has the same accrued benefit as the member.&nbsp;</span></p> <p><span class="cls0">3. Notwithstanding the other requirements of this subsection, no adjustment shall be made to the dollar limitation under subsection B of this section to reflect the probability of a member's death between the annuity starting date and sixty-two (62) years of age, or between sixty-five (65) years of age and the annuity starting date, as applicable, if benefits are not forfeited upon the death of the member prior to the annuity starting date. To the extent benefits are forfeited upon death before the annuity starting date, such an adjustment shall be made. For this purpose, no forfeiture shall be treated as occurring upon the member's death if the System does not charge members for providing a qualified preretirement survivor annuity, as defined in Section 417(c) of the Internal Revenue Code of 1986, as amended, upon the member's death.&nbsp;</span></p> <p><span class="cls0">4. Notwithstanding any other provision to the contrary, for limitation years beginning on or after January 1, 1997, if payment begins before the member reached sixty-two (62) years of age, the reductions in the limitations in this subsection shall not apply to a member who is a "qualified participant" as defined in Section 415(b)(2)(H) of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">E. Minimum Benefit Permitted: Notwithstanding anything else in this section to the contrary, the benefit otherwise accrued or payable to a member under this System shall be deemed not to exceed the maximum permissible benefit if:&nbsp;</span></p> <p><span class="cls0">1. The retirement benefits payable for a limitation year under any form of benefit with respect to such member under this System and under all other defined benefit plans (without regard to whether a plan has been terminated) ever maintained by a participating employer do not exceed Ten Thousand Dollars ($10,000.00) multiplied by a fraction:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the numerator of which is the member's number of credited years (or part thereof, but not less than one (1) year) of service, not to exceed ten (10), with the participating employer, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the denominator of which is ten (10), and&nbsp;</span></p> <p><span class="cls0">2. The participating employer (or a predecessor employer) has not at any time maintained a defined contribution plan in which the member participated (for this purpose, mandatory employee contributions under a defined benefit plan, individual medical accounts under Section 401(h) of the Internal Revenue Code of 1986, as amended, and accounts for postretirement medical benefits established under Section 419A(d)(1) of the Internal Revenue Code of 1986, as amended, are not considered a separate defined contribution plan).&nbsp;</span></p> <p><span class="cls0">F. In no event shall the maximum annual accrued retirement benefit of a member allowable under this section be less than the annual amount of such accrued retirement benefit, including early pension and qualified joint and survivor annuity amounts, duly accrued by the member as of the last day of the limitation year beginning in 1982, or as of the last day of the limitation year beginning in 1986, whichever is greater, disregarding any plan changes or cost-of-living adjustments occurring after July 1, 1982, as to the 1982 accrued amount, and May 5, 1986, as to the 1986 accrued amount.&nbsp;</span></p> <p><span class="cls0">G. If a member purchases service credit under this title from the System, which qualifies as "permissive service credit" pursuant to Section 415(n) of the Internal Revenue Code of 1986, as amended, the limitations of Section 415 of the Internal Revenue Code of 1986, as amended, may be met by either:&nbsp;</span></p> <p><span class="cls0">1. Treating the accrued benefit derived from such contributions as an annual benefit under subsection B of this section, or&nbsp;</span></p> <p><span class="cls0">2. Treating all such contributions as annual additions for purposes of Section 415(c) of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">H. If a member repays to the System any amounts received or refunded from the System because of the member's prior termination pursuant to paragraph 3 of subsection (b) of Section 2-307 of this title or any other amount which qualifies as a repayment under Section 415(k)(3) of the Internal Revenue Code of 1986, as amended, such repayment shall not be taken into account for purposes of Section 415 of the Internal Revenue Code of 1986, as amended, pursuant to Section 415(k)(3) of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">I. For limitation years beginning on or after January 1, 1995, subsection C of this section, paragraph 1 of subsection D of this section, and the proration provided under subparagraphs a and b of paragraph 1 of subsection E of this section, shall not apply to a benefit paid under the System as a result of the member becoming disabled by reason of personal injuries or sickness, or amounts received by the beneficiaries, survivors or estate of the member as the result of the death of the member.&nbsp;</span></p> <p><span class="cls0">J. For distributions made in limitation years beginning on or after January 1, 2000, the combined limit of repealed Section 415(e) of the Internal Revenue Code of 1986, as amended, shall not apply.&nbsp;</span></p> <p><span class="cls0">K. The Board is hereby authorized to revoke the special election previously made under Section 415(b)(10) of the Internal Revenue Code of 1986, as amended.&nbsp;</span></p> <p><span class="cls0">L. Effective September 1, 2011, the interest rate and mortality assumptions for the System used to determine the actuarial equivalence of a member's form of benefit shall be set by the State Board in a manner that precludes employer discretion, shall be based upon recommendations from independent professional advisors, and shall be published annually in the actuarial valuation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 323, &sect; 5, emerg. eff. June 12, 1991. Amended by Laws 1999, c. 257, &sect; 24, eff. July 1, 1999; Laws 2000, c. 287, &sect; 17, eff. July 1, 2000; Laws 2003, c. 406, &sect; 7, eff. July 1, 2003; Laws 2005, c. 142, &sect; 3, emerg. eff. May 5, 2005; Laws 2006, 2nd Ex.Sess., c. 46, &sect; 21, eff. July 1, 2006; Laws 2008, c. 177, &sect; 10, eff. July 1, 2008; Laws 2009, c. 169, &sect; 11, emerg. eff. May 11, 2009; Laws 2010, c. 437, &sect; 12, emerg. eff. June 9, 2010; Laws 2011, c. 141, &sect; 4, emerg. eff. April 29, 2011; Laws 2012, c. 52, &sect; 4, emerg. eff. April 16, 2012; Laws 2012, c. 364, &sect; 11; Laws 2013, c. 16, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-305.5. Additional retirement benefit.&nbsp;</span></p> <p><span class="cls0">A. Except as provided by subsection B of this section, the Oklahoma Law Enforcement Retirement System shall pay to its retirees, who retire not later than June 30, 1997, or their beneficiaries, from assets of the retirement system, an additional amount, for the fiscal year ending June 30, 1998, based upon the number of years of credited service upon which the retirement benefit of the member was computed as follows:&nbsp;</span></p> <p><span class="cls0">1. One Hundred Fifty Dollars ($150.00) for at least ten (10), but no more than fourteen (14) years of service;&nbsp;</span></p> <p><span class="cls0">2. Three Hundred Dollars ($300.00) for at least fifteen (15), but no more than nineteen (19) years of service;&nbsp;</span></p> <p><span class="cls0">3. Four Hundred Fifty Dollars ($450.00) for at least twenty (20), but no more than twenty-four (24) years of service; and&nbsp;</span></p> <p><span class="cls0">4. Six Hundred Dollars ($600.00) for twenty-five (25) or more years of service.&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Law Enforcement Retirement System shall pay to retirees, who retire not later than June 30, 1997, with a disability retirement benefit and having less than ten (10) years of service, the sum of One Hundred Fifty Dollars ($150.00).&nbsp;</span></p> <p><span class="cls0">C. For purposes of subsection A or B of this section, months of credited service in excess of a whole number of years shall be disregarded for purposes of determining the applicable payment amount.&nbsp;</span></p> <p><span class="cls0">D. The payment authorized by this section shall be distributed not later than August 1, 1997.&nbsp;</span></p> <p><span class="cls0">E. The payment authorized by this section shall not be a recurring benefit and shall only be made for the fiscal year ending June 30, 1998, and for no other fiscal year.&nbsp;</span></p> <p><span class="cls0">F. If a retiree has multiple beneficiaries, the amount prescribed by subsection A of this section shall be divided equally among the beneficiaries on a per capita basis.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1997, c. 384, &sect; 21, eff. July 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-305.6. Benefit adjustment - Restoration of Initial COLA Benefit.&nbsp;</span></p> <p><span class="cls0">A. For purposes of this section the following definitions shall apply:&nbsp;</span></p> <p><span class="cls0">1. "Initial COLA Benefit Date" means the later of the member's date of benefit commencement or January 1, 1981. This date is used in the definition of Initial COLA Benefit and Target COLA Benefit;&nbsp;</span></p> <p><span class="cls0">2. "Initial COLA Benefit" means the accrued retirement benefit which will be used as the base benefit for determining the Target COLA Benefit. The Initial COLA Benefit equals the benefit in payment status as of the Initial COLA Benefit Date. Furthermore, this benefit will reflect adjustment for military service credits, if any, granted after the Initial COLA Benefit Date;&nbsp;</span></p> <p><span class="cls0">3. "CPI-U" means the Consumer Price Index for all urban consumers for all goods and services, as published by the Bureau of Labor Statistics, U.S. Department of Labor. This is used as a measure of price inflation for the development of the Target COLA Benefit defined below; and&nbsp;</span></p> <p><span class="cls0">4. "Target COLA Benefit" is the Initial COLA Benefit adjusted to reflect price inflation as measured by CPI-U. The Target COLA Benefit is calculated for each eligible member to equal the member's Initial COLA Benefit multiplied by a ratio of (A) divided by (B) as follows:&nbsp;</span></p> <p><span class="cls0">(A) is the CPI-U as of July 1, 1997.&nbsp;</span></p> <p class="cls9"><span class="cls0">(B) is the CPI-U as of July 1 of the calendar year of the Initial COLA Benefit Date.&nbsp;</span></p> <p><span class="cls0">B. The Board shall, effective July 1, 1998, implement a benefit adjustment, to increase, if necessary, the retirement benefit for any person receiving benefits from the System as of June 30, 1997. This benefit adjustment is intended to restore one hundred percent (100%) of the loss of the Initial COLA Benefit, if any, due to price inflation, as measured by CPI-U. The benefit adjustment shall be one hundred percent (100%) of the amount by which the Target COLA Benefit is in excess, if any, of the June 1998 retirement benefit.&nbsp;</span></p> <p><span class="cls0">Persons who retired after December 31, 1996 and before July 1, 1997, shall receive a benefit increase based on one-half (1/2) of the CPI-U change for the period beginning January 1, 1997 and before July 1, 1997.&nbsp;</span></p> <p><span class="cls0">C. Any increase in benefits a person is eligible to receive pursuant to subsection B of Section 2-305 of Title 47 of the Oklahoma Statutes, after June 30, 1998, shall be offset by the increase in benefits, if any, provided by this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 317, &sect; 4, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-305.7. Benefit increase - Offset.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection B of this section, any person receiving benefits from the Oklahoma Law Enforcement Retirement System as of June 30, 1999, who continues to receive benefits on or after July 1, 2000, shall receive a three percent (3%) increase in said benefits on July 1, 2000.&nbsp;</span></p> <p><span class="cls0">B. Any increase in benefits a person is eligible to receive pursuant to subsection B of Section 2-305 of Title 47 of the Oklahoma Statutes, after June 30, 1998, shall be offset by the increase in benefits, if any, provided by this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 377, &sect; 8, eff. July 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-305.8. Increase in benefits &ndash; Amount - Offset.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection B of this section, any person receiving benefits from the Oklahoma Law Enforcement Retirement System as of June 30, 2001, who continues to receive benefits on or after July 1, 2002, shall receive a five percent (5%) increase in said benefits on July 1, 2002.&nbsp;</span></p> <p><span class="cls0">B. Any increase in benefits a person is eligible to receive pursuant to Section 2-305 of Title 47 of the Oklahoma Statutes, after June 30, 2002, shall be offset by the increase in benefits, if any, provided by this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 394, &sect; 4, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-305.9. Law Enforcement Retirement System - Increase in benefits.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection B of this section, any person receiving benefits from the Oklahoma Law Enforcement Retirement System as of June 30, 2003, who continues to receive benefits on or after July 1, 2004, shall receive a four-percent increase in said benefits beginning in July 2004.&nbsp;</span></p> <p><span class="cls0">B. Any increase in benefits a person is eligible to receive pursuant to subsection B, C or D of Section 2-305 of Title 47 of the Oklahoma Statutes, after June 30, 2004, shall be offset by the increase in benefits, if any, provided by this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 536, &sect; 15, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-305.10. Increase in benefits - July 1, 2006.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection B of this section, any person receiving benefits from the Oklahoma Law Enforcement Retirement System as of June 30, 2005, who continues to receive benefits on or after July 1, 2006, shall receive a four-percent increase in said benefits beginning in July 2006.&nbsp;</span></p> <p><span class="cls0">B. Any increase in benefits a person is eligible to receive pursuant to subsection B, C or D of Section 2-305 of Title 47 of the Oklahoma Statutes, after June 30, 2006, shall be offset by the increase in benefits, if any, provided by this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, 2nd Ex. Sess., c. 46, &sect; 8, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-305.11. Increase in benefits - July 1, 2008 - Offset.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection B of this section, any person receiving benefits from the Oklahoma Law Enforcement Retirement System as of June 30, 2007, who continues to receive benefits on or after July 1, 2008, shall receive a four-percent increase in said benefits beginning in July 2008.&nbsp;</span></p> <p><span class="cls0">B. Any increase in benefits a person is eligible to receive pursuant to subsection B, C or D of Section 2-305 of Title 47 of the Oklahoma Statutes, after June 30, 2008, shall be offset by the increase in benefits, if any, provided by this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 415, &sect; 4, eff. July 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-306. Payments in case of death.&nbsp;</span></p> <p><span class="cls0">A. Upon the death of a retired member or upon the death of any member prior to retirement or other termination of covered employment, a monthly pension shall be paid which shall be in an amount as provided below:&nbsp;</span></p> <p><span class="cls0">1. If the member was not retired and death occurred as the direct result of the performance of the member&rsquo;s duties as an officer, an amount:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;equal to two and one-half percent (2 1/2%),&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;multiplied by:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;twenty (20) years of service, regardless of the actual number of years of credited service performed by the member prior to the date of death if the member had performed less than twenty (20) years of service, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the actual number of years of service performed by the member if the member had performed twenty (20) or more years of service,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;multiplied by a final average salary equal to:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the salary which the member would have received pursuant to statutory salary schedules in effect upon the date of death for twenty (20) years of service if the member did not actually perform twenty (20) years of service prior to death. The final average salary for a member who performed less than twenty (20) years of service prior to death shall be computed assuming that the member was paid the highest salary allowable pursuant to the law in effect at the time of the member&rsquo;s death based upon twenty (20) years of service and with an assumption that the member was eligible for any and all increases in pay based upon rank during the entire period. If the salary of a member is not prescribed by a specific salary schedule upon the date of the member&rsquo;s death, the final average salary for the member shall be computed by the member&rsquo;s actual final average salary or the highest median salary amount for a member whose salary was prescribed by a specific salary schedule upon the date of the member&rsquo;s death, whichever final average salary amount would be greater, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the actual final average salary of the member if the member had performed twenty (20) or more years of service prior to death; or&nbsp;</span></p> <p><span class="cls0">2. If the member was not retired and death occurred other than as the direct result of the performance of the member&rsquo;s duties as an officer, an amount equal to the monthly payments which would have been received by the member under subsection E of Section 2-305 of this title had the member been totally disabled; or&nbsp;</span></p> <p><span class="cls0">3. If said member was retired for length of service, an amount equal to the member&rsquo;s monthly payments; or&nbsp;</span></p> <p><span class="cls0">4. If said member was receiving, or eligible to receive, a disability benefit pursuant to subsection E or F of Section 2-305 of this title, an amount equal to the member&rsquo;s monthly payments pursuant to subsection E or F of Section 2-305 of this title; or&nbsp;</span></p> <p><span class="cls0">5. If said member was receiving, or eligible to receive, a disability benefit pursuant to subsection G of Section 2-305 of this title, an amount equal to the member&rsquo;s monthly payments pursuant to subsection G of Section 2-305 of this title; or&nbsp;</span></p> <p><span class="cls0">6. If said member was retired for partial disability, an amount equal to the monthly payments which would have been received by said member had the member been totally disabled.&nbsp;</span></p> <p><span class="cls0">B. The pension provided for in subsection A of this section shall be paid:&nbsp;</span></p> <p><span class="cls0">1. Except as provided in paragraph 4 of this subsection, to the surviving spouse, provided the surviving spouse was married to the member at the time of the member&rsquo;s death, and continuously for the thirty (30) months immediately preceding the member&rsquo;s death, provided a surviving spouse of a member who died while in, or as a consequence of, the performance of the member&rsquo;s duty for the employer, shall not be subject to the thirty-month marriage requirement for survivor benefits; or&nbsp;</span></p> <p><span class="cls0">2. If there is no surviving spouse or upon the death of a spouse:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;to the person having the care and custody of any surviving child or children of said member for such time as such child or children are under the age of eighteen (18) years, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;to the surviving child or children between the age of eighteen (18) and twenty-two (22) years if the child is enrolled full time in and is regularly attending a public or private school or any institution of higher education;&nbsp;</span></p> <p><span class="cls0">3. If there is no surviving spouse or children under the age of eighteen (18) years or under the age of twenty-two (22) years if the child is enrolled full time in and is regularly attending a public or private school or any institution of higher education, to the dependent parent or parents of said member, for life; or&nbsp;</span></p> <p><span class="cls0">4. In the event a surviving spouse remarried prior to June 7, 1993, and was a surviving spouse of a member who died while in, or as a consequence of, the performance of the member&rsquo;s duty for the employer, the surviving spouse shall be eligible to receive the pension benefits provided for in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">To receive the pension benefits provided for in subsection A of this section the surviving spouse falling within this paragraph shall submit a written request for such benefits to the Oklahoma Law Enforcement Retirement System. The Oklahoma Law Enforcement Retirement System shall approve requests by surviving spouses meeting the requirements of this paragraph. Upon approval by the Oklahoma Law Enforcement Retirement System, the surviving spouse shall be entitled to the pension benefits provided for in subsection A of this section beginning from the date of approval forward. Pension benefits provided to surviving spouses falling within this paragraph shall not apply to alter any amount of pension benefits paid or due prior to the Oklahoma Law Enforcement Retirement System&rsquo;s approval of the remarried surviving spouse&rsquo;s written request for benefits.&nbsp;</span></p> <p><span class="cls0">No surviving spouse shall receive benefits from this section, Section 49-113 of Title 11 of the Oklahoma Statutes, or Section 50-117 of Title 11 of the Oklahoma Statutes as the surviving spouse of more than one member of the Oklahoma Firefighters Pension and Retirement System, the Oklahoma Police Pension and Retirement System, or the Oklahoma Law Enforcement Retirement System. The surviving spouse of more than one member shall elect which member&rsquo;s benefits he or she will receive.&nbsp;</span></p> <p><span class="cls0">C. In addition to the pension above provided for, if said member leaves a surviving spouse and one or more children under the age of eighteen (18) years or under the age of twenty-two (22) years if the child is enrolled full time in and is regularly attending a public or private school or any institution of higher education, Four Hundred Dollars ($400.00) a month shall be paid from said Fund for the support of each surviving child to the person having the care and custody of such children during such time as said spouse remains alive and until each child reaches the age of eighteen (18) years or reaches the age of twenty-two (22) years if the child is enrolled full time in and is regularly attending a public or private school or any institution of higher education.&nbsp;</span></p> <p><span class="cls0">D. Upon the death of a retired member, the benefit payment for the month in which the retired member died, if not previously paid, shall be made to the beneficiary of the member or to the member&rsquo;s estate if there is no beneficiary. Such benefit payment shall be made in an amount equal to a full monthly benefit payment regardless of the day of the month in which the retired member died.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 333, &sect; 2-306, eff. Sept. 1, 1961. Amended by Laws 1975, c. 365, &sect; 5, operative July 1, 1975; Laws 1980, c. 357, &sect; 10, eff. July 1, 1980; Laws 1985, c. 296, &sect; 5, emerg. eff. July 24, 1985; Laws 1986, c. 253, &sect; 3, operative July 1, 1986; Laws 1990, c. 340, &sect; 22, eff. July 1, 1990; Laws 1993, c. 157, &sect; 3, eff. July 1, 1993; Laws 1993, c. 322, &sect; 14, emerg. eff. June 7, 1993; Laws 1994, c. 84, &sect; 5, eff. July 1, 1994; Laws 1994, c. 351, &sect; 6, eff. July 1, 1994; Laws 1995, c. 100, &sect; 1, emerg. eff. April 13, 1995; Laws 1996, c. 333, &sect; 2, eff. July 1, 1996; Laws 1998, c. 419, &sect; 7, eff. July 1, 1998; Laws 2000, c. 377, &sect; 9, eff. July 1, 2000; Laws 2002, c. 399, &sect; 5, eff. July 1, 2002; Laws 2004, c. 542, &sect; 4, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1993, c. 126, &sect; 7 repealed by Laws 1993, c. 322, &sect; 31, emerg. eff. June 7, 1993. Laws 2000, c. 287, &sect; 18 repealed by Laws 2001, c. 5, &sect; 18, emerg. eff. March 21, 2001.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-306.1. Repealed by Laws 1985, c. 296, &sect; 8, emerg. eff. July 24, 1985.&nbsp;</span></p> <p><span class="cls0">&sect;472306.2. Unpaid accumulated contributions Payment to beneficiary or next of kin.&nbsp;</span></p> <p><span class="cls0">In the event the total retirement payments made to the member and his joint annuitant, if any, are less than the member's accumulated contributions, the difference shall be paid to the member's designated beneficiary or if no designated beneficiary survives, then to the member's nearest surviving next of kin as determined by law.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1980, c. 357, &sect; 12, eff. July 1, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-306.3. Death benefit.&nbsp;</span></p> <p><span class="cls0">Upon the death of an active or retired member, the Oklahoma Law Enforcement Retirement System shall pay to the designated beneficiary of the member as defined in paragraph 17 of Section 2-300 of this title or if there is no such designated beneficiary or if such designated beneficiary predeceases the member, to the estate of the member, the sum of Four Thousand Dollars ($4,000.00) as a death benefit for those active or retired members who died prior to July 1, 1999. For those active or retired members who die on or after July 1, 1999, the sum shall be Five Thousand Dollars ($5,000.00). The benefit payable pursuant to this section shall be deemed, for purposes of federal income taxation, as life insurance proceeds and not as a death benefit if the Internal Revenue Service approves this provision pursuant to a private letter ruling request which shall be submitted by the board of trustees of the System for that purpose.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 236, &sect; 162, emerg. eff. July 20, 1987. Amended by Laws 1999, c. 167, &sect; 5, eff. July 1, 1999; Laws 2002, c. 352, &sect; 4, eff. July 1, 2002; Laws 2004, c. 542, &sect; 5, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-307. Leaves of absence - Termination of employment - Reinstatement - Service in Armed Forces - Involuntary furloughs.&nbsp;</span></p> <p><span class="cls0">(a) In the event a member of the System obtains a leave of absence, of not to exceed ninety (90) days at any one time, because of injury or illness or for any personal reason other than the acceptance of other employment, the member's membership in the System shall not terminate and the period of such leave shall be counted toward retirement for length of service if, during such leave of absence or at the end thereof, the member shall pay to the Fund an amount equal to the contributions which would have been deducted from the member's salary during such period if such leave of absence had not been obtained, but if such contributions are not paid during such leave or made up within thirty (30) days after the end of such leave, or if such leave of absence extends for more than ninety (90) days at any one time, the period of such leave shall not be counted toward length of service for retirement nor in computing the amount of any pension or any retirement pay or any other benefits hereunder.&nbsp;</span></p> <p><span class="cls0">(b) In the event a member of the System obtains a leave of absence for the purpose of accepting other employment, or if a member resigns and during such resignation accepts other employment, the member's membership in the System shall terminate as of the date of the beginning of such leave. Provided, that if the membership of a member of the System shall have been terminated either by such leave of absence or by termination of employment, and such former member is reemployed, the Board, upon application therefor made in the same manner as an original application for membership in the System, may reinstate such membership. Such reinstated member shall be allowed full credit toward retirement for all service credit accrued up to the time of termination of membership if, but only if:&nbsp;</span></p> <p><span class="cls0">1. Such application for reinstatement is made within three (3) years from the date of such termination of such membership; and&nbsp;</span></p> <p><span class="cls0">2. Such reinstated member remains a member of the System for a period of five (5) consecutive years after reinstatement of membership; and&nbsp;</span></p> <p><span class="cls0">3. Such reinstated member reimburses the Fund, at the time application for reinstatement is made, with the amount of any portion of the membership contribution which has been refunded to the member under the provisions of Section 2-308 of this title; and&nbsp;</span></p> <p><span class="cls0">4. A lump-sum payment for repayment of any amount received because of a member's prior termination may be repaid by:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a cash lump-sum payment,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a trustee-to-trustee transfer from a Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and/or a Code Section 401(a) qualified plan,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a direct rollover of tax-deferred funds from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code Section 408(a) or 408(b) traditional or conduit Individual Retirement Account or Annuity (IRA). Roth IRAs, Coverdell Education Savings Accounts and after-tax contributions shall not be used to purchase such service credit, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;any combination of the above methods of payment.&nbsp;</span></p> <p><span class="cls0">The provisions of this subsection shall not apply to absences caused by such military service as may be considered as service for retirement for length of service under the provisions of subsection (c) of this section.&nbsp;</span></p> <p><span class="cls0">(c) In determining the eligibility of a member for retirement based upon length of service, any service in the Armed Forces of the United States or any component thereof between the 16th day of September, 1940, and the 30th day of June, 1954, and any service in the Armed Forces of the United States or any component thereof upon call of the President of the United States or of the Governor of the State of Oklahoma, together with such prior service, as would have been otherwise considered as service for retirement for length of service, shall be considered as service for length of service, provided that the member returns and files application for reinstatement as a member of the System within ninety (90) days after the member's release, or opportunity for release, from such Armed Forces or component thereof. The member's employing agency that is making contributions to the System on behalf of the member shall continue payment of contributions into the pension fund, to the same force and effect as though the member was in the actual employment of such agency at the same salary for a period not to exceed five (5) years. If such member shall have been refunded any portion of the membership contributions as provided in Section 2-308 of this title, the member shall be required to reimburse the Fund with the same amount at the time of the member's application for reinstatement in the System, before the reinstated member is given credit for accrued prior service. Provided, that in no event shall a member of the System who has entered such Armed Forces or component thereof prior to retirement be or become eligible for retirement for length of service unless the member shall thereafter have been reinstated as a member of the System as provided for herein, and thereafter remained a member for at least one (1) year after such reinstatement.&nbsp;</span></p> <p><span class="cls0">(d) Time spent on involuntary furlough by members pursuant to the rules of the Office of Management and Enterprise Services shall be credited.&nbsp;</span></p> <p><span class="cls0">(e) Notwithstanding any provisions herein to the contrary:&nbsp;</span></p> <p><span class="cls0">1. Contributions, benefits and service credit with respect to qualified military service shall be provided in accordance with Section 414(u) of the Internal Revenue Code of 1986, as amended, which is in accordance with the Uniformed Service Employment and Reemployment Rights Act of 1994, as amended (USERRA). The employer's contributions to the System for a member covered by USERRA are due when such a member makes up his or her contributions that were missed due to his or her qualified military service; and&nbsp;</span></p> <p><span class="cls0">2. Effective January 1, 2007, if any member dies while performing qualified military service (as defined in Section 414(u) of the Internal Revenue Code of 1986, as amended), the survivors of the member are entitled to any additional benefits other than benefit accruals relating to the period of qualified military service provided under the System had the member resumed and then terminated employment on account of death.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 333, &sect; 2-307, eff. Sept. 1, 1961. Amended by Laws 1980, c. 357, &sect; 13, eff. July 1, 1980; Laws 1986, c. 253, &sect; 4, operative July 1, 1986; Laws 1999, c. 257, &sect; 26, eff. July 1, 1999; Laws 2003, c. 406, &sect; 8, eff. July 1, 2003; Laws 2005, c. 142, &sect; 4, emerg. eff. May 5, 2005; Laws 2006, 2nd Ex. Sess., c. 46, &sect; 22, eff. July 1, 2006; Laws 2008, c. 177, &sect; 11, eff. July 1, 2008; Laws 2009, c. 169, &sect; 12, emerg. eff. May 11, 2009; Laws 2010, c. 437, &sect; 13, emerg. eff. June 9, 2010; Laws 2012, c. 304, &sect; 172.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-307.1. Service credit for membership in Public Employees Retirement System - Time of application.&nbsp;</span></p> <p><span class="cls0">A. A member may receive service credit for not to exceed five (5) years of participating service accumulated by the member while an employee of a state agency if the member is not receiving or eligible to receive retirement benefits or credit for said service from the Oklahoma Public Employees Retirement System. To receive credit for said service prior to January 1, 1991, the employee and employer contributions for those years of service and interest of not to exceed five percent (5%) as determined by the Board shall be paid to the Board. Effective January 1, 1991, to receive credit for said service, the member shall pay the amount determined by the Board of Trustees pursuant to Section 19 of Enrolled Senate Bill No. 810 of the 2nd Session of the 42nd Oklahoma Legislature. Such service credit shall not be used in determining the eligibility of the member for retirement based upon length of service.&nbsp;</span></p> <p><span class="cls0">B. To receive credit for such service:&nbsp;</span></p> <p><span class="cls0">1. A member who became a member of the system prior to July 1, 1988, shall make application to the Board for such service prior to January 1, 1989; and&nbsp;</span></p> <p><span class="cls0">2. A member who becomes a member of the system after June 30, 1988, shall make application to the Board for such service within two (2) years of the date the member became a member of the system.&nbsp;</span></p> <p><span class="cls0">C. Such service credit may be paid by:&nbsp;</span></p> <p><span class="cls0">1. A cash lump-sum payment;&nbsp;</span></p> <p><span class="cls0">2. A trustee-to-trustee transfer from a Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and/or a Code Section 401(a) qualified plan;&nbsp;</span></p> <p><span class="cls0">3. A direct rollover of tax-deferred funds from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(3)(1)(A), a Code Section 401(a) qualified plan, and/or a Code Section 408(a) or 408(b) traditional or conduit Individual Retirement Account or Annuity (IRA). Roth IRAs, Coverdell Education Savings Accounts and after-tax contributions shall not be used to purchase such service credit; or&nbsp;</span></p> <p><span class="cls0">4. Any combination of the above methods of payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1986, c. 253, &sect; 5, operative July 1, 1986. Amended by Laws 1987, c. 236, &sect; 163, emerg. eff. July 20, 1987; Laws 1988, c. 267, &sect; 24, operative July 1, 1988; Laws 1990, c. 334, &sect; 4, operative July 1, 1990; Laws 2003, c. 406, &sect; 9, eff. July 1, 2003; Laws 2006, 2nd Ex. Sess., c. 46, &sect; 23, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-307.2. Service credit for unused sick leave - Prorated service credit for sick or temporary disability time - Option to purchase service credit.&nbsp;</span></p> <p><span class="cls0">A. The total service credit of a member who retires, elects a Deferred Option Plan or terminates employment and elects a vested benefit shall include not to exceed one hundred thirty (130) days of unused sick leave accumulated while a member of the System. Effective July 1, 2008, a member who retires, elects a Deferred Option Plan or terminates employment and elects a vested benefit shall include not to exceed two hundred forty (240) days of unused sick leave accumulated while a member of the System. Such credit shall be added in terms of whole months. Twenty (20) days of unused sick leave shall equal one (1) month for purposes of service credit. If unused sick leave entitles a member to an additional year or fraction thereof of service credit, the member's employer shall reimburse the System for the cost of funding the additional reserve by paying the amount determined by the Board pursuant to Section 25 of this act. Each employer shall provide the System with adequate and timely information necessary to determine additional benefits and its cost under this section. This section shall apply to members retiring or vesting on or after July 1, 1985, and shall not be retroactive. The amount of accrued sick leave available for determination of a member&rsquo;s monthly benefit for purposes of the deferred option election shall be limited to the accrued sick leave available as of the effective date of the deferred option election, but not to exceed two hundred forty (240) days. The member&rsquo;s monthly benefit determined as of the effective date of the deferred option election shall not be adjusted for additional accrued sick leave earned by the member after the deferred option election.&nbsp;</span></p> <p><span class="cls0">B. Whenever any member is unable to perform the member&rsquo;s duties because of sickness or temporary disability caused or sustained while in the discharge of the member&rsquo;s duty as a member, is receiving a temporary total disability benefit under Section 1 et seq. of Title 85 of the Oklahoma Statutes, and does not purchase service credit as described below, such member shall only receive prorated service credit based on the contributions made by the member and the member&rsquo;s employer while the member is receiving a temporary total disability benefit under Section 1 et seq. of Title 85 of the Oklahoma Statutes. Whenever any member is unable to perform the member&rsquo;s duties because of sickness or temporary disability caused or sustained while in the discharge of the member&rsquo;s duty as a member and is receiving a temporary disability benefit under Section 1 et seq. of Title 85 of the Oklahoma Statutes, such member shall have the option to purchase service credit for the time related to such leave of absence for such sickness or temporary disability.&nbsp;</span></p> <p><span class="cls0">1. The payment for such purchase must be completed no later than three (3) years from the date the member commenced receipt of a temporary total disability benefit.&nbsp;</span></p> <p><span class="cls0">2. The purchase price shall be:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the actual paid base salary that the member was entitled to immediately prior to the member&rsquo;s sickness or temporary disability minus any vacation or sick leave payments received by the member during such sickness or temporary disability, multiplied by,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the following percent:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;eighteen percent (18%) for members who are suspended without pay, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;eight percent (8%) for members who are not suspended without pay.&nbsp;</span></p> <p><span class="cls0">If such member has not been suspended without pay, the employer shall contribute, within three (3) months of the completion of the member&rsquo;s purchase of service credit, ten percent (10%) of the actual paid base salary that the member was entitled to immediately prior to the member&rsquo;s sickness or temporary disability minus any vacation or sick leave payments received by the member during such sickness or temporary disability.&nbsp;</span></p> <p><span class="cls0">3. The member may purchase such service credit through:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a cash lump-sum payment,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a trustee-to-trustee transfer from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and/or a Code Section 401(a) qualified plan,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a direct rollover of tax-deferred funds from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code Section 408(a) or 408(b) traditional or conduit Individual Retirement Account or Annuity (IRA). Roth IRAs, Coverdell Education Savings Accounts and after-tax contributions shall not be used to purchase such service credit, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;any combination of the above methods of payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 296, &sect; 6, emerg. eff. July 24, 1985. Amended by Laws 1990, c. 340, &sect; 23, eff. July 1, 1990; Laws 2006, 2nd Ex.Sess., c. 46, &sect; 24, eff. July 1, 2006; Laws 2008, c. 177, &sect; 12, eff. July 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-307.3. Prior law enforcement service credit - Time of application.&nbsp;</span></p> <p><span class="cls0">A. Prior to January 1, 1991, upon payment to the Oklahoma Law Enforcement Retirement System of the employee contribution the member would have been subject to had the member been a member of the System at the time, plus five percent (5%) interest, any member of the System shall receive credit for not to exceed five (5) years of prior law enforcement service rendered in this state, if the member is not receiving or eligible to receive retirement credit or benefits for such service in any other public retirement system. Effective January 1, 1991, to receive credit for not to exceed five (5) years of prior law enforcement service rendered in this state, if the member is not receiving or eligible to receive retirement credit or benefits for such service in any other public retirement system, the member shall pay the amount determined by the Board pursuant to Section 2-307.5 of this title. Service credit received pursuant to this section shall be used in determining the member's retirement benefit but shall not be used in determining years of service for retirement or vesting purposes.&nbsp;</span></p> <p><span class="cls0">To receive credit for such service:&nbsp;</span></p> <p><span class="cls0">1. A member who became a member of the System prior to July 1, 1988, shall make application to the Board for such service prior to January 1, 1989; and&nbsp;</span></p> <p><span class="cls0">2. A member who becomes a member of the System after June 30, 1988, shall make application to the Board for such service within two (2) years of the date the member became a member of the System.&nbsp;</span></p> <p><span class="cls0">B. Upon payment to the Oklahoma Law Enforcement Retirement System of a sum equal to the employee contribution the member would have been subject to had the member been a member of the System at the time, plus five percent (5%) interest prior to January 1, 1991, or effective January 1, 1991, upon payment to the System of the amount determined by the Board pursuant to Section 2-307.5 of this title, any member of the System shall receive credit for not to exceed five (5) years of prior law enforcement service rendered in another state or with a federal law enforcement agency, either as a commissioned law enforcement officer or in a scientific or technical field, if the member is not receiving or eligible to receive retirement credit or benefits for such service in any other public retirement system. Service credit received pursuant to this section shall be used in determining the member's retirement benefit but shall not be used in determining years of service for retirement or vesting purposes.&nbsp;</span></p> <p><span class="cls0">To receive credit for such service:&nbsp;</span></p> <p><span class="cls0">1. A member who became a member of the System prior to July 1, 1990, shall make application to the Board for such service prior to January 1, 1991; and&nbsp;</span></p> <p><span class="cls0">2. A member who became a member of the System after June 30, 1990, shall make application to the Board for such services within two (2) years of the date the member became a member of the System.&nbsp;</span></p> <p><span class="cls0">C. Such service credit may be paid by:&nbsp;</span></p> <p><span class="cls0">1. A cash lump-sum payment;&nbsp;</span></p> <p><span class="cls0">2. A trustee-to-trustee transfer from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A) and/or a Code Section 401(a) qualified plan;&nbsp;</span></p> <p><span class="cls0">3. A direct rollover of tax-deferred funds from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code Section 408(a) or 408(b) traditional or conduit Individual Retirement Account or Annuity (IRA). Roth IRAs, Coverdell Education Savings Accounts and after-tax contributions shall not be used to purchase such service credit; or&nbsp;</span></p> <p><span class="cls0">4. Any combination of the above methods of payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 236, &sect; 164, emerg. eff. July 20, 1987. Amended by Laws 1988, c. 267, &sect; 25, operative July 1, 1988; Laws 1990, c. 340, &sect; 24, eff. July 1, 1990; Laws 1990, c. 334, &sect; 5, operative July 1, 1990; Laws 2003, c. 406, &sect; 10, eff. July 1, 2003; Laws 2006, 2nd Ex. Sess., c. 46, &sect; 25, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-307.4. Military service credit.&nbsp;</span></p> <p><span class="cls0">A. Any member of the Oklahoma Law Enforcement Retirement System shall be entitled to prior service credit, not to exceed five (5) years, for those periods of military service on active duty prior to membership in the Oklahoma Law Enforcement Retirement System. Any active member of the Oklahoma Law Enforcement Retirement System whose initial membership in the System began on or after July 1, 2000, may receive up to five (5) years of prior military service credit as otherwise provided in this section, only upon payment of the amount determined by the Board in the manner as provided in Section 2-307.5 of this title. For members of the System hired on or after July 1, 2003, if the military service credit authorized by this subsection is used to compute the retirement benefit of the member and the member retires from the System, such military service credit shall not be used to compute the retirement benefit in any other retirement system created pursuant to the Oklahoma Statutes and the member may receive credit for such service only in the retirement system from which the member first retires.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, &ldquo;military service&rdquo; means service in the Armed Forces of the United States by honorably discharged persons during the following time periods, as reflected on such person&rsquo;s Defense Department Form 214, as follows:&nbsp;</span></p> <p><span class="cls0">1. During the following periods, including the beginning and ending dates, and only for the periods served, from:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;April 6, 1917, to November 11, 1918, commonly referred to as World War I,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;September 16, 1940, to December 7, 1941, as a member of the 45th Division,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;December 7, 1941, to December 31, 1946, commonly referred to as World War II,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;June 27, 1950, to January 31, 1955, commonly referred to as the Korean Conflict or the Korean War,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;February 28, 1961, to May 7, 1975, commonly referred to as the Vietnam era, except that:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;for the period from February 28, 1961, to August 4, 1964, military service shall only include service in the Republic of Vietnam during that period, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;for purposes of determining eligibility for education and training benefits, such period shall end on December 31, 1976, or&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;August 1, 1990, to December 31, 1991, commonly referred to as the Gulf War, the Persian Gulf War, or Operation Desert Storm, but excluding any person who served on active duty for training only, unless discharged from such active duty for a service-connected disability;&nbsp;</span></p> <p><span class="cls0">2. During a period of war or combat military operation other than a conflict, war or era listed in paragraph 1 of this subsection, beginning on the date of Congressional authorization, Congressional resolution, or Executive Order of the President of the United States, for the use of the Armed Forces of the United States in a war or combat military operation, if such war or combat military operation lasted for a period of ninety (90) days or more, for a person who served, and only for the period served, in the area of responsibility of the war or combat military operation, but excluding a person who served on active duty for training only, unless discharged from such active duty for a service-connected disability, and provided that the burden of proof of military service during this period shall be with the member, who must present appropriate documentation establishing such service.&nbsp;</span></p> <p><span class="cls0">C. An eligible member under subsection B of this section shall include only those persons who shall have served during the times or in the areas prescribed in subsection B of this section, and only if such person provides appropriate documentation in such time and manner as required by the System to establish such military service prescribed in this section, or for service pursuant to division (1) of subparagraph e of paragraph 1 of subsection B of this section, those persons who were awarded service medals, as authorized by the United States Department of Defense as reflected in the veteran&rsquo;s Defense Department Form 214, related to the Vietnam Conflict for service prior to August 5, 1964.&nbsp;</span></p> <p><span class="cls0">D. Service credit received pursuant to this section shall be used in determining the member&rsquo;s retirement benefit but shall not be used in determining years of service for retirement or vesting purposes.&nbsp;</span></p> <p><span class="cls0">E. Such service credit may be paid by:&nbsp;</span></p> <p><span class="cls0">1. A cash lump-sum payment;&nbsp;</span></p> <p><span class="cls0">2. A trustee-to-trustee transfer from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and/or a Code Section 401(a) qualified plan; &nbsp;</span></p> <p><span class="cls0">3. A direct rollover of tax-deferred funds from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code Section 408(a) or 408(b) traditional or conduit Individual Retirement Account or Annuity (IRA). Roth IRAs, Coverdell Education Savings Accounts and after-tax contributions shall not be used to purchase such service credit; or&nbsp;</span></p> <p><span class="cls0">4. Any combination of the above methods of payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 236, &sect; 165, emerg. eff. July 20, 1987. Amended by Laws 1990, c. 334, &sect; 6, operative July 1, 1990; Laws 1998, c. 192, &sect; 3, eff. July 1, 1998; Laws 2000, c. 311, &sect; 2, eff. July 1, 2000; Laws 2003, c. 406, &sect; 11, eff. July 1, 2003; Laws 2004, c. 302, &sect; 3, emerg. eff. May 13, 2004; Laws 2006, 2nd Ex. Sess., c. 46, &sect; 26, eff. July 1, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-307.5. Transferred credited service - Computation of purchase price.&nbsp;</span></p> <p><span class="cls0">A. The Board shall adopt rules for computation of the purchase price for transferred credited service. These rules shall base the purchase price for each year purchased on the actuarial cost of the incremental projected benefits to be purchased. The purchase price shall represent the present value of the incremental projected benefits discounted according to the member&rsquo;s age at the time of purchase. Incremental projected benefits shall be the difference between the projected benefit said member would receive without purchasing the transferred credited service and the projected benefit after purchase of the transferred credited service computed as of the earliest age at which the member would be able to retire. Said computation shall assume an unreduced benefit and be computed using interest and mortality assumptions consistent with the actuarial assumptions adopted by the Board for purposes of preparing the annual actuarial evaluation.&nbsp;</span></p> <p><span class="cls0">B. In the event that the member is unable to pay the purchase price provided for in this section by the due date, the Board shall permit the members to amortize the purchase price over a period not to exceed sixty (60) months. Said payments shall be made by payroll deductions unless the Board permits an alternate payment source. The amortization shall include interest in an amount not to exceed the actuarially assumed interest rate adopted by the Board for investment earnings each year. Any member who ceases to make payment, terminates, retires or dies before completing the payments provided for in this section shall receive prorated service credit for only those payments made, unless the unpaid balance is paid by said member, his or her estate or successor in interest within six (6) months after said member&rsquo;s death, termination of employment or retirement, provided no retirement benefits shall be payable until the unpaid balance is paid, unless said member or beneficiary affirmatively waives the additional six-month period in which to pay the unpaid balance. Notwithstanding anything herein to the contrary, lump-sum payments for a transferred credited service purchase may be made by a cash lump-sum payment; a trustee-to-trustee transfer from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and/or a Code Section 401(a) qualified plan; a direct rollover of tax-deferred funds from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code Section 408(a) or 408(b) traditional or conduit Individual Retirement Account or Annuity (IRA); or a combination of the foregoing methods. Roth IRAs, Coverdell Education Savings Accounts and after-tax contributions shall not be used to purchase transferred credited service.&nbsp;</span></p> <p><span class="cls0">A member making installment payments shall have the option of making a lump-sum payment for the balance of the actuarial purchase price with interest due through the date of payment by a cash lump-sum payment; a trustee-to-trustee transfer from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and/or a Code Section 401(a) qualified plan; a direct rollover of tax-deferred funds from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code Section 408(a) or 408(b) traditional or conduit Individual Retirement Account or Annuity (IRA); or a combination of the foregoing methods. Roth IRAs, Coverdell Education Savings Accounts and after-tax contributions shall not be used to purchase transferred credited service. The Board shall promulgate such rules as are necessary to implement the provisions of this subsection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 340, &sect; 25, eff. July 1, 1990. Amended by Laws 1993, c. 322, &sect; 13, emerg. eff. June 7, 1993; Laws 2003, c. 406, &sect; 12, eff. July 1, 2003; Laws 2004, c. 542, &sect; 6, eff. July 1, 2004; Laws 2005, c. 142, &sect; 5, emerg. eff. May 5, 2005; Laws 2006, 2nd Ex. Sess., c. 46, &sect; 27, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-307.6. Repealed by Laws 1998, c. 256, &sect; 11, eff. July 1, 1998.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-307.7. Reduction-in-force termination credit.&nbsp;</span></p> <p><span class="cls0">A. A member of the Oklahoma Law Enforcement Retirement System who has ten (10) or more years of full-time-equivalent employment with a participating employer, and who is terminated by a state agency or other state governmental entity because the member&rsquo;s position is eliminated through a reduction-in-force after July 1, 1998, and is within three (3) years of a normal retirement date as defined in paragraph 7 of Section 2-300 of this title may purchase termination credit of a period not to exceed the lesser of three (3) years or the number of years or months or both years and months required in order for the member to reach normal retirement date in the same period of time and with the same service credit which would have otherwise accrued if the termination had not occurred.&nbsp;</span></p> <p><span class="cls0">B. In order to receive the termination credit authorized by this section, the member shall be required to file an election with the System indicating an intent to purchase the credit. The member shall have a period of six (6) months from the date the member is terminated as described in subsection A of this section within which to file the election.&nbsp;</span></p> <p><span class="cls0">C. To purchase the termination credit, the member shall be required to make payment to the System of an amount equal to both the employer and employee contributions which would have been paid to the System based upon the actual paid base salary as defined in paragraph 8 of Section 2-300 of this title, which was received by the member in the last full month that the member was employed by the state agency or other state governmental entity multiplied by the number of months required in order for the combination of the participating service and member&rsquo;s age to equal the amount required for the member to reach normal retirement date with an unreduced benefit as if the member had not been terminated.&nbsp;</span></p> <p><span class="cls0">D. The member must make full payment to the System of all required contribution amounts within sixty (60) days of filing the election to purchase the credit. The member must vest his or her benefits with a declared future retirement date as of the first month the member is eligible for normal retirement. Failure to make the full payment to the System of the required contribution amounts, for any reason, within the time prescribed, shall result in cancellation of the election provided pursuant to this section, and return of the purchase amount tendered, without interest. Notwithstanding anything herein to the contrary, termination credit purchases may be made by:&nbsp;</span></p> <p><span class="cls0">1. A cash lump-sum payment;&nbsp;</span></p> <p><span class="cls0">2. A trustee-to-trustee transfer from a Code Section 401(a) qualified plan;&nbsp;</span></p> <p><span class="cls0">3. A direct rollover of tax-deferred funds from a Code Section 403(b) annuity or custodial account, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code Section 408(a) or 408(b) traditional or conduit Individual Retirement Account or Annuity (IRA). Roth IRAs, Coverdell Education Savings Accounts and after-tax contributions shall not be used to purchase such service credit; or&nbsp;</span></p> <p><span class="cls0">4. Any combination of the above methods of payment.&nbsp;</span></p> <p><span class="cls0">E. Purchased termination credit may only be used as service credit to qualify the member for normal retirement.&nbsp;</span></p> <p><span class="cls0">F. If the member chooses to retire at any time prior to the member&rsquo;s normal retirement date or returns to employment with a participating employer of the System at any time prior to retirement, the purchase of termination credit pursuant to this section shall be void and the System will return the purchase amount tendered, without interest.&nbsp;</span></p> <p><span class="cls0">G. In the event of the death of the member prior to retirement, the member&rsquo;s spouse, if otherwise eligible for benefits pursuant to Section 2-306 of this title, may elect to receive benefits which include the termination credit on the member&rsquo;s declared future retirement date, or may elect to receive a return of the purchase amount tendered, without interest.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 256, &sect; 8, eff. July 1, 1998. Amended by Laws 2003, c. 406, &sect; 13, eff. July 1, 2003; Laws 2004, c. 542, &sect; 7, eff. July 1, 2004; Laws 2006, 2nd Ex. Sess., c. 46, &sect; 28, eff. July 1, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;472308. Payments on termination of membership Reemployment.&nbsp;</span></p> <p><span class="cls0">A. A member who terminates his service before normal retirement date, other than by death or disability, shall, upon application filed with the Board, be entitled to be refunded from the fund an amount equal to the accumulated contributions the member has made to the fund, but excluding any interest or any amount contributed by the state. If such member has completed ten (10) years of credited service at the date of termination, the member may elect a vested benefit in lieu of receiving his accumulated contributions.&nbsp;</span></p> <p><span class="cls0">If the member who has completed ten (10) or more years of credited service elects the vested benefit, the member shall be entitled to a monthly retirement annuity commencing on the member's normal retirement date to be determined as if the member's employment continued uninterrupted. The annual amount of such retirement annuity shall be equal to two and onehalf percent (2 1/2%) of final average salary multiplied by the number of years of credited service. The death benefits provided for under Section 2306 of this title shall apply to any member retiring under the provisions of this subsection.&nbsp;</span></p> <p><span class="cls0">B. A member who terminated service before the normal retirement date of such member and elected a vested benefit in lieu of receiving accumulated contributions may upon reemployment be allowed full credit toward retirement for all credited service accrued for the vested benefit. This subsection shall apply to employees of the Oklahoma State Bureau of Investigation, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Department of Public Safety and the Oklahoma Alcoholic Beverage Control Board whose benefits had vested in the Oklahoma Public Employees Retirement System prior to the establishment of the Oklahoma Law Enforcement Retirement System. Upon reemployment of said employee by an agency whose employees are now members of the Oklahoma Law Enforcement Retirement System, the Oklahoma Public Employees Retirement System shall transfer to the Oklahoma Law Enforcement Retirement System all funds contributed by the individual member being reemployed and all funds contributed by the state for such member.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 335, &sect; 2-308, eff. Sept. 1, 1961. Amended by Laws 1975, c. 365, &sect; 6, operative July 1, 1975; Laws 1978, c. 310, &sect; 2, emerg. eff. May 11, 1978; Laws 1980, c. 357, &sect; 14, eff. July 1, 1980; Laws 1982, c. 328, &sect; 6, operative July 1, 1982; Laws 2002, c. 399, &sect; 6, eff. July 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;472308.1. Election to defer commencement of retirement benefits.&nbsp;</span></p> <p><span class="cls0">Any member retiring under the provisions of the System shall have the opportunity to elect to defer the commencement of retirement benefits by oneyear periods by an election in writing submitted to the Board not later than thirty (30) days prior to the member's normal retirement date or the member's actual retirement date, whichever is later. Such elections may be made successively but may not be deferred later than age sixtyfive (65). Retirement benefits payable to members electing to defer the commencement of payments shall be increased by five percent (5%) of the amount that would otherwise be paid for each year payments are deferred.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1978, c. 310, &sect; 3, emerg. eff. May 11, 1978; Laws 1980, c. 357, &sect; 15, eff. July 1, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;472308.2. Actuarial investigation Establishment of tables and rates Actuarial valuation of ection 2308.2 (1) At least once each five (5) years the actuary shall make an actuarial investigation of the experience of the System, including the mortality, service and compensation experience of members and beneficiaries. Based on the results of such investigation the actuary shall recommend for adoption by the Board such tables and rates as are required for the operation of the System and for the preparation of annual actuarial valuations.&nbsp;</span></p> <p><span class="cls0">(2) On the basis of such tables and rates as the Board shall adopt, the actuary shall prepare an annual actuarial valuation of the assets and liabilities of the System and certify the rates of contribution payable by the state under the provisions of law concerning the System.&nbsp;</span></p> <p><span class="cls0">(3) Subject to the funds available to the System, the employer contributions to the System shall be determined on the basis of the most recent actuarial valuation, which amount shall be calculated as the sum of the normal cost for the fiscal year plus the payment required to amortize the unfunded accrued liability by level dollar payments over forty (40) years from July 1, 1980.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1978, c. 310, &sect; 4, emerg. eff. May 11, 1978; Laws 1980, c. 357, &sect; 16, eff. July 1, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;472309. Proceedings on claims Appeal to district court.&nbsp;</span></p> <p><span class="cls0">Claims for pensions, retirement pay, medical expenses, hospital expenses, and any other allowances or benefits provided for under the System shall be allowed and paid only upon application therefor signed and verified by the affidavit of the person claiming to be entitled thereto, filed with the Board. All such claims shall be presented at the first regular meeting of the Board, or a special meeting called for that purpose by the President and Secretary of the Board, and no claim shall be approved or allowed except by vote of a majority of the Board. The Board shall have full power and authority to determine all questions of eligibility for membership in the System, eligibility for retirement, eligibility to continue membership, injury, illness, disability, the extent of disability, the percentage of disability, ability or inability to perform the duties connected with any employment, age, length of service, credits for service, and, in connection with determining any such question, may secure and pay for the services of a minimum of two physicians or surgeons to make an examination of the member or applicant and report upon such matter. The proceedings of the Board shall be kept by the Secretary of the Board and reduced to writing in books kept for that purpose and shall include all claims filed, allowed or rejected and a copy of each resolution, action or order of the Board. Any objection to the allowance or disallowance of any claim presented to the Board shall be presented to the Board within thirty (30) days after notification of such allowance or disallowance, and, the Board shall set a date for hearing thereon and shall cause written notice of such hearing to be mailed to the claimant and to the contestant, if the contestant be one other than a member of the Board, not less than ten (10) days prior to such hearing, at which hearing evidence bearing upon the propriety and correctness of the claim may be introduced. Any and all evidence introduced upon such a hearing shall be taken and transcribed by, or under the supervision of, the Secretary of the Board, and a copy thereof, together with a copy of the order or decision of the Board, shall be kept as a part of the official record of the Board. Any person aggrieved by any action of the Board may appeal to the district court of Oklahoma County, Oklahoma, by filing in the office of the court clerk of said county, within thirty (30) days after the signing and filing of the Board's written decision or order in the matter, a petition setting forth such order or decision and the grounds upon which such appeal is taken, together with a true and complete transcript of the proceedings before the Board, and causing summons to be issued and served, as in civil actions, upon the President of the Board. Said district court is hereby vested with final appellate jurisdiction in such matters, shall try the same wholly upon the transcript of the proceedings before the Board, and shall act solely as an appellate court in such proceedings.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1961, p. 335, &sect; 2309, eff. Sept. 1, 1961. Amended by Laws 1975, c. 365, &sect; 7, operative July 1, 1975; Laws 1980, c. 357, &sect; 17, eff. July 1, 1980; Laws 1996, c. 315, &sect; 2, eff. July 1, 1996. &nbsp;</span></p> <p><span class="cls0">&sect;472309.1. Officers of State Bureau of Investigation and Bureau of Narcotics and Dangerous Drugs Control Transfer to System.&nbsp;</span></p> <p><span class="cls0">Officers of the Oklahoma State Bureau of Investigation and the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control who become members of the System on July 1, 1980, shall cease accruing benefits in the Oklahoma Public Employees Retirement System as of that date and shall commence accruing benefits under this System. The Oklahoma Public Employees Retirement System shall transfer to the Oklahoma Law Enforcement System all funds contributed by the individual members being transferred and all funds contributed by the state for such members, no later than October 1980. Also, the Oklahoma Public Employees Retirement System shall give to the Oklahoma Law Enforcement System a certified statement of credited service accrued by such transferred members. Service accrued by officers of the Oklahoma State Bureau of Investigation and the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control under the Oklahoma Public Employees Retirement System shall be treated as credited service under the Oklahoma Law Enforcement Retirement System.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1980, c. 357, &sect; 18, eff. July 1, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;472309.2. Employees of Communications Division and Waterways Patrol Division of Department of Public Safety Transfer to System.&nbsp;</span></p> <p><span class="cls0">Employees of the Communications Division and Waterways Patrol Division of the Department of Public Safety who are members of the Oklahoma Public Employees Retirement System shall cease accruing benefits in the Oklahoma Public Employees Retirement System and shall commence accruing benefits under the Oklahoma Law Enforcement Retirement System on July 1, 1981. On January 1, 1982, the Oklahoma Public Employees Retirement System shall transfer to the Oklahoma Law Enforcement Retirement System the actual amount contributed to the Oklahoma Public Employees Retirement System by the state and by each Communications Division and Waterways Patrol Division employee transferring to the Oklahoma Law Enforcement RetirementSystem and the retirement records of those transferring employees. Service accrued by employees of the Communications Division and Waterways Patrol Division of the Department of Public Safety under the Oklahoma Public Employees Retirement System shall be treated as credited service under the Oklahoma Law Enforcement Retirement System. Provided, however, that the cumulative total of credited service for such transferring employee shall not exceed the total time said employee could have accrued if his entire employment with the State of Oklahoma had been as an employee of the Department of Public Safety.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1981, c. 227, &sect; 6, operative July 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;472309.3. Law enforcement officers of the Oklahoma Alcoholic Beverage Control Board Transfer to System.&nbsp;</span></p> <p><span class="cls0">Law enforcement officers of the Oklahoma Alcoholic Beverage Control Board who are members of the Oklahoma Public Employees Retirement System shall cease accruing benefits in the Oklahoma Public Employees Retirement System and shall commence accruing benefits under the Oklahoma Law Enforcement Retirement System on July 1, 1982. On January 1, 1983, the Oklahoma Public Employees Retirement System shall transfer to the Oklahoma Law Enforcement Retirement System the actual amount contributed to the Oklahoma Public Employees Retirement System by the state and by each law enforcement officer of the Oklahoma Alcoholic Beverage Control Board transferring to the Oklahoma Law Enforcement Retirement System and the retirement records of those transferring employees. Service accrued by said law enforcement officers of the Oklahoma Alcoholic Beverage Control Board under the Oklahoma Public Employees Retirement System shall be treated as credited service under the Oklahoma Law Enforcement Retirement System. Provided however, that the cumulative total of credited service for such transferring employee shall not exceed the total time said employee could have accrued if his entire employment with the State of Oklahoma had been as an employee of the Oklahoma Alcoholic Beverage Control Board.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1982, c. 328, &sect; 7, operative July 1, 1982. &nbsp;</span></p> <p><span class="cls0">&sect;472309.4. Park rangers Transfer to System.&nbsp;</span></p> <p><span class="cls0">Park rangers of the Oklahoma Tourism and Recreation Department who are certified peace officers pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes and who are members of the Oklahoma Public Employees Retirement System shall cease accruing benefits in the Oklahoma Public Employees Retirement System and shall commence accruing benefits under the Oklahoma Law Enforcement Retirement System on July 1, 1985. On January 1, 1986, the Oklahoma Public Employees Retirement System shall transfer to the Oklahoma Law Enforcement Retirement System the actual amount contributed to the Oklahoma Public Employees Retirement System by the state and by each park ranger of the Oklahoma Tourism and Recreation Department transferring to the Oklahoma Law Enforcement Retirement System and the retirement records of those transferring employees. Service accrued by said park rangers of the Oklahoma Tourism and Recreation Department under the Oklahoma Public Employees Retirement System shall be treated as credited service under the Oklahoma Law Enforcement Retirement System. Provided however, that the cumulative total of credited service for each such transferring employee shall not exceed the total time said employee could have accrued if his entire employment with the State of Oklahoma had been as an employee of the Oklahoma Tourism and Recreation Department.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 296, &sect; 7, emerg. eff. July 24, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;472309.5. Pharmacy board inspectors Transfer to System.&nbsp;</span></p> <p><span class="cls0">Inspectors of the Oklahoma State Board of Pharmacy who are certified peace officers pursuant to the provisions of Section 3311 of Title 70 of the Oklahoma Statutes and who are members of the Oklahoma Public Employees Retirement System shall cease accruing benefits in the Oklahoma Public Employees Retirement System and shall commence accruing benefits under the Oklahoma Law Enforcement Retirement System on July 1, 1986. On January 1, 1987, the Oklahoma Public Employees Retirement System shall transfer to the Oklahoma Law Enforcement Retirement System the actual amount contributed to the Oklahoma Public Employees Retirement System by the state and by each inspector of the Oklahoma State Board of Pharmacy transferring to the Oklahoma Law Enforcement Retirement System and the retirement records of those transferring employees. Service accrued by said inspectors of the Oklahoma State Board of Pharmacy under the Oklahoma Public Employees Retirement System shall be treated as credited service under the Oklahoma Law Enforcement Retirement System. Provided however, that the cumulative total of credited service for each such transferring employee shall not exceed the total time said employee could have accrued if his entire employment with the State of Oklahoma had been as an employee of the Oklahoma State Board of Pharmacy.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1986, c. 253, &sect; 6, operative July 1, 1986. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-309.6. Capitol patrol members and park managers and supervisors - Transfer to Oklahoma Law Enforcement Retirement System from Oklahoma Public Employees Retirement System.&nbsp;</span></p> <p><span class="cls0">A. For purposes of this section, "capitol patrol members" means law enforcement officers of the State Capitol Division of the Department of Public Safety employed on July 1, 1993, who, pursuant to the provisions of this act, transfer membership from the Oklahoma Public Employees Retirement System to the Oklahoma Law Enforcement Retirement System.&nbsp;</span></p> <p><span class="cls0">B. Capitol patrol members are hereby transferred from the Oklahoma Public Employees Retirement System to the Oklahoma Law Enforcement Retirement System subject to the following:&nbsp;</span></p> <p><span class="cls0">1. Effective July 1, 1993, capitol patrol members who are members of the Oklahoma Public Employees Retirement System shall cease accruing benefits in the Oklahoma Public Employees Retirement System and shall commence accruing benefits in the Oklahoma Law Enforcement Retirement System;&nbsp;</span></p> <p><span class="cls0">2. Before January 1, 1994, the Oklahoma Public Employees Retirement System shall transfer to the Oklahoma Law Enforcement Retirement System the actual amount contributed to the Oklahoma Public Employees Retirement System from time to time by the capitol patrol members while members of the Oklahoma Public Employees Retirement System and the contributions by the participating employer or employers on behalf of each capitol patrol member to the Oklahoma Law Enforcement Retirement System along with the retirement records of said transferring capitol patrol members;&nbsp;</span></p> <p><span class="cls0">3. Service credit accrued by a capitol patrol member while a member of the Oklahoma Public Employees Retirement System shall be treated as credited service for such transferring capitol patrol member in the Oklahoma Law Enforcement Retirement System if the capitol patrol member is not receiving or eligible to receive service credit or benefits from said service in any other public retirement system and the member has not received service credit for the same years of service pursuant to Sections 2-307.1, 2-307.3 and 2-307.4 of Title 47 of the Oklahoma Statutes. Provided, however, that the total of credited service for each transferring employee shall not exceed the credited service said employee could have accrued if his or her entire employment with an agency of the State of Oklahoma had been as an employee of the Department of Public Safety. Provided further, that only transferred credited service related to actual law enforcement service with the State Capitol Patrol Division of the Department of Public Safety will be included in the determination of a capitol patrol member's normal retirement date or vesting date; and&nbsp;</span></p> <p><span class="cls0">4. All service credit with the Oklahoma Public Employees Retirement System which is ineligible for transfer to the Law Enforcement Retirement System shall be canceled.&nbsp;</span></p> <p><span class="cls0">C. Any park manager or park supervisor of the Oklahoma Tourism and Recreation Department who was employed in such a position prior to July 1, 1985, and who elects on or before September 1, 1996, to participate in the Oklahoma Law Enforcement Retirement System is hereby transferred from the Oklahoma Public Employees Retirement System to the Oklahoma Law Enforcement Retirement System subject to the following:&nbsp;</span></p> <p><span class="cls0">1. Effective July 1, 1996, park managers and park supervisors who are members of the Oklahoma Public Employees Retirement System and who elect on or before September 1, 1996, to participate in the Oklahoma Law Enforcement Retirement System shall cease accruing benefits in the Oklahoma Public Employees Retirement System and shall commence accruing benefits in the Oklahoma Law Enforcement Retirement System;&nbsp;</span></p> <p><span class="cls0">2. Before January 1, 1997, the Oklahoma Public Employees Retirement System shall transfer to the Oklahoma Law Enforcement Retirement System the actual amount contributed to the Oklahoma Public Employees Retirement System by the park manager or park supervisor while he or she was a member of the Oklahoma Public Employees Retirement System and the contributions by the participating employer or employers on behalf of each park manager or park supervisor who elects to become a member of the Oklahoma Law Enforcement Retirement System along with the retirement records of said transferring park manager or park supervisor;&nbsp;</span></p> <p><span class="cls0">3. To receive service credit accrued by such park manager or park supervisor prior to July 1, 1996, or prior to the date as of which the person making the election ceases to be a member of the Oklahoma Public Employees Retirement System, whichever date occurs last, the member shall pay the difference between the amount transferred by the Oklahoma Public Employees Retirement System to the Oklahoma Law Enforcement Retirement System in paragraph 2 of this subsection and the amount determined by the Board of Trustees pursuant to Section 2-307.5 of this title. The park manager or park supervisor shall elect to either pay any difference to receive full credit for the years sought to be transferred or receive prorated service credit for only the amount received from the Oklahoma Public Employees Retirement System pursuant to this subsection. Such an election shall be made in writing, filed with the System prior to receiving the credit provided for in paragraph 10 of Section 2-300 of this title, and shall be irrevocable. Payments made by park managers or park supervisors pursuant to this paragraph shall be made on or before January 1, 1997;&nbsp;</span></p> <p><span class="cls0">4. Service credit accrued by a park manager or park supervisor while a member of the Oklahoma Public Employees Retirement System shall be treated as credited service for such transferring park managers or park supervisors in the Oklahoma Law Enforcement Retirement System if the park manager or park supervisor is not receiving or eligible to receive service credit or benefits from said service in any other public retirement system and the member has not received service credit for the same years of service pursuant to Sections 2-307.1, 2-307.3 and 2-307.4 of this title. Provided, however, that the total of credited service for each transferring employee shall not exceed the credited service the employee could have accrued if his or her entire employment with an agency of the State of Oklahoma had been as an employee of the Oklahoma Tourism and Recreation Department. Provided further, that only transferred credited service related to park ranger, park manager or park supervisor service with the Oklahoma Tourism and Recreation Department will be included in the determination of a park manager or park supervisor's normal retirement date or vesting date; and&nbsp;</span></p> <p><span class="cls0">5. All service credit with the Oklahoma Public Employees Retirement System which is ineligible for transfer to the Oklahoma Law Enforcement Retirement System shall be canceled.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 277, &sect; 2, eff. July 1, 1993. Amended by Laws 1996, c. 60, &sect; 2, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-309.7. Repealed by Laws 2007, c. 62, &sect; 34, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-309.8. Service credit.&nbsp;</span></p> <p><span class="cls0">A. Any state employee who is employed in a commissioned officer position of the Oklahoma Highway Patrol Division, the Oklahoma State Bureau of Investigation, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, the Alcoholic Beverage Laws Enforcement Commission, a Parks Ranger of the Tourism and Recreation Department, and a Pharmacy Inspector of the Pharmacy Board shall be eligible for service credit for employment prior to July 1, 1993, if the employee was in a commissioned officer position in the former Oklahoma Capitol Patrol Division, the former Mansion Security, and the former Training Center Security of the Department of Public Safety and the employee was a full-time, active employee eligible for all state employee benefits.&nbsp;</span></p> <p><span class="cls0">B. An eligible member of the System shall receive credit for all prior service as provided in subsection A of this section, provided the member is not receiving or eligible to receive retirement credit or benefits for such service in any other public retirement system. Service credit received pursuant to this section shall be used in determining the years of service for retirement and vesting purposes.&nbsp;</span></p> <p><span class="cls0">C. To receive credit for such service, an eligible member, as provided in this section, who became a member of the System prior to July 1, 1993, shall make application to the Board in writing for such service prior to July 1, 2002.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 378, &sect; 3, eff. July 1, 2000. Renumbered from &sect; 309.8 of this title by Laws 2001, c. 131, &sect; 18, eff. July 1, 2001. Amended by Laws 2001, c. 435, &sect; 5, eff. July 1, 2001; Laws 2008, c. 177, &sect; 13, eff. July 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p class="cls1"><span class="cls0">&sect;47-2-310. Repealed by Laws 2004, c. 542, &sect; 8, eff. July 1, 2004.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-310.1. Injury in the line of duty - Injury Review Board - Paid leave - Accrual of leave and service credit, deductions.&nbsp;</span></p> <p><span class="cls0">A. Whenever any member currently working in a position identified by paragraph 6 of Section 2-300 of this title or Section 2-314 of this title and enrolled in the Oklahoma Law Enforcement Retirement System is injured in the line of duty, an Injury Review Board consisting of one member to be appointed by the member's employer, one member to be appointed by the Director of the Office of Management and Enterprise Services and one member to be appointed by the Governor shall convene to determine if the injured member was actually injured in the line of duty and whether the injured member should be granted leave because of the injury. The Injury Review Board may, in its discretion, grant the injured member leave when necessary, not to exceed one hundred sixty-five (165) working days for the illness or injury.&nbsp;</span></p> <p><span class="cls0">B. For the purpose of this section, "illness or injury" shall include any serious illness or serious injury caused by or contracted during the performance of the member's duty. Every state agency which employs persons eligible for membership in the Oklahoma Law Enforcement Retirement System shall participate in the joint promulgation of a rule which shall set out mutually agreeable guidelines for the categorization of an illness or injury as serious. Upon promulgation of the rule, each of the state agencies shall individually adopt the rule. The wording of the rule, as adopted and as amended by the agencies from time to time, shall remain in conformity for each of the state agencies.&nbsp;</span></p> <p><span class="cls0">C. The three-member Injury Review Board shall be convened following a written request submitted by the injured member to the injured member's employer. The employer shall forward the request to the Director of the Office of Management and Enterprise Services. The employer may submit the request on behalf of an injured member. The Director's appointee shall then convene and chair the Injury Review Board. The Injury Review Board may request the injured member to submit to an examination by a physician selected by the Board at the employer's expense to assist the Board in making a decision. A decision to grant or deny such paid leave shall be determined by concurrence in writing of not less than two Injury Review Board members. If granted, said leave shall be paid by the employing agency.&nbsp;</span></p> <p><span class="cls0">D. While such leave is being paid, the employee shall continue to accrue leave and service credit at the same rate as before the illness or injury. The employee's portion of health, dental, life and disability insurance premiums and the employee's contribution to the Oklahoma Law Enforcement Retirement System shall be deducted by the employing agency from the paid leave and remitted to the appropriate agencies, in the same manner as before the illness or injury.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 267, &sect; 26, operative July 1, 1988. Amended by Laws 1995, c. 294, &sect; 3, eff. July 1, 1995; Laws 2002, c. 399, &sect; 7, eff. July 1, 2002; Laws 2003, c. 486, &sect; 2, eff. July 1, 2003; Laws 2004, c. 418, &sect; 7, eff. July 1, 2004; Laws 2006, 2nd Ex. Sess., c. 46, &sect; 29, eff. July 1, 2006; Laws 2012, c. 304, &sect; 173.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-310.2. Law Enforcement Retirement System members - Inability to perform duties - Administrative leave with pay - Transfer of temporary disability benefits.&nbsp;</span></p> <p><span class="cls0">Whenever any member of the Oklahoma Law Enforcement Retirement System currently working in a position identified by paragraph 6 of Section 2-300 of Title 47 of the Oklahoma Statutes who is enrolled in the Oklahoma Law Enforcement Retirement System is unable to perform the member&rsquo;s duties because of sickness or temporary disability caused or sustained while in the discharge of the member&rsquo;s duty as such member, notwithstanding the provisions of Section 840-2.21 of Title 74 of the Oklahoma Statutes or the provisions of Sections 11 and 12 of Title 85 of the Oklahoma Statutes, the member may be placed on administrative leave with pay by the employing agency for a period of ninety (90) days with the employing agency having the option of extending the leave period for up to an additional ninety (90) days, not to exceed a total of one hundred eighty (180) days. The member&rsquo;s salary and benefits shall continue to be paid by the employing agency without any decrease or disruption of said salary and benefits. If the recovery period is longer than one hundred eighty (180) days, the member shall use sick leave, annual leave or other authorized leave. Should a member receiving a salary under this section be eligible to receive and should the salary of the member under this section exceed any temporary disability benefit paid to the member under Section 1 et seq. of Title 85 of the Oklahoma Statutes, the member shall transfer such temporary disability benefits under Section 1 et seq. of Title 85 of the Oklahoma Statutes to the employing agency while the member is sick or temporarily disabled.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, 2nd Ex. Sess., c. 46, &sect; 30, eff. July 1, 2006. Renumbered from &sect; 840-2.21A of Title 74 by Laws 2007, c. 62, &sect; 29, emerg. eff. April 30, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-2-311. Repealed by Laws 1988, c. 321, &sect; 45, operative July 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;472312. Fraud Penalties.&nbsp;</span></p> <p><span class="cls0">(a) No person shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of the System, in any attempt to defraud such System.&nbsp;</span></p> <p><span class="cls0">(b) Should any such change in records fraudulently made, or any mistake in records inadvertently made, result in any member or beneficiary of said System receiving or paying more or less than he would have been entitled to had the records been correct, then, on the discovery of such error, the Board shall correct such error and shall adjust payments which he should have paid or received.&nbsp;</span></p> <p><span class="cls0">(c) Any person violating any provisions of subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 336, &sect; 2312; Laws 1980, c. 357, &sect; 21, eff. July 1, 1980. &nbsp;</span></p> <p><span class="cls0">&sect;47-2-313. Renumbered as &sect; 2-150 of this title by Laws 2000, c. 378, &sect; 5, eff. Jan. 1, 2001.&nbsp;</span></p> <p><span class="cls0">&sect;47-2-314. Election for limited participation by certain universities.&nbsp;</span></p> <p><span class="cls0">A. The Board of Regents of the University of Oklahoma and/or the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges may make an irrevocable written election for the University of Oklahoma and/or Oklahoma State University to become participating employers in the Oklahoma Law Enforcement Retirement System for police officers who are CLEET certified and employed by the University of Oklahoma and/or Oklahoma State University. The Board of Regents of the University of Oklahoma and/or the Board of Regents for the Oklahoma Agricultural and Mechanical Colleges shall send written notice of the election to the Oklahoma Law Enforcement Retirement System.&nbsp;</span></p> <p><span class="cls0">B. Beginning the following month after the System receives the written notice, the University of Oklahoma and/or Oklahoma State University and all active police officers who are CLEET certified and hired on or after the date of the election shall participate in and make contributions to the System as other participating employers and members of the System.&nbsp;</span></p> <p><span class="cls0">C. Upon election by the Board, pursuant to subsection A of this section, active CLEET certified police employed prior to the date of the election and who were participating in the Teachers&rsquo; Retirement System of Oklahoma, may, within three (3) months of the date of the election, make an irrevocable written election to participate in the Oklahoma Law Enforcement Retirement System and file the written election with the Teachers&rsquo; Retirement System of Oklahoma and the Oklahoma Law Enforcement Retirement System. Such police officers who make the election to transfer shall be transferred to the Oklahoma Law Enforcement Retirement System subject to the following:&nbsp;</span></p> <p><span class="cls0">1. Upon the date of election of the police officer, the police officer shall cease accruing benefits in the Teachers&rsquo; Retirement System of Oklahoma and shall commence accruing benefits in the Oklahoma Law Enforcement Retirement System;&nbsp;</span></p> <p><span class="cls0">2. Prior to the beginning of the month following receipt of the police officers&rsquo; election by Teachers&rsquo; Retirement System of Oklahoma, the Teachers&rsquo; Retirement System of Oklahoma shall transfer to the Oklahoma Law Enforcement Retirement System all employee contributions and employer contributions plus accrued interest. The Teachers&rsquo; Retirement System of Oklahoma shall also send to the Oklahoma Law Enforcement Retirement System the retirement records of the transferring police officer;&nbsp;</span></p> <p><span class="cls0">3. To receive service credit accrued by such police officer prior to the election, or prior to the date as of which the person making the election ceases to be a member of the Teachers&rsquo; Retirement System of Oklahoma, whichever date occurs last, the member shall pay the difference between the amount transferred by the Teachers&rsquo; Retirement System of Oklahoma to the Oklahoma Law Enforcement Retirement System in paragraph 2 of this subsection and the amount determined by the Board of Trustees pursuant to Section 2-307.5 of Title 47 of the Oklahoma Statutes. The police officer shall elect to either pay any difference to receive full credit for the years sought to be transferred or receive prorated service credit for only the amount received from the Teachers&rsquo; Retirement System of Oklahoma pursuant to this subsection. Payments made by electing police officers pursuant to this paragraph shall be made pursuant to subsection B of Section 2-307.5 of Title 47 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">4. Service credit accrued by a police officer while a member of the Teachers&rsquo; Retirement System of Oklahoma shall be treated as credited service for such transferring police officer in the Teachers&rsquo; Retirement System of Oklahoma if the police officer is not receiving or eligible to receive service credit or benefits from said service in any other public retirement system and the member has not received service credit for the same years of service pursuant to Sections 2-307.1, 2-307.3 and 2-307.4 of Title 47 of the Oklahoma Statutes. Provided further, that only transferred credited service related to police service with the University of Oklahoma or Oklahoma State University shall be included in the determination of a police officer&rsquo;s normal retirement date or vesting date; and&nbsp;</span></p> <p><span class="cls0">5. All service credit with the Teachers&rsquo; Retirement System of Oklahoma which is ineligible for transfer to the Oklahoma Law Enforcement Retirement System shall be canceled.&nbsp;</span></p> <p><span class="cls0">D. Upon election by the Board, pursuant to subsection A of this section, active CLEET certified police officers employed prior to the date of the election and who were not participating in the Teachers&rsquo; Retirement System of Oklahoma, may, within three (3) months of the date of the election, make an irrevocable written election to participate in the Oklahoma Law Enforcement Retirement System and file the written election with the Oklahoma Law Enforcement Retirement System. Beginning the following month after the System for such police officers receives the police officer&rsquo;s written election, the University of Oklahoma and/or Oklahoma State University and the electing police officer shall participate and make contributions to the System as other participating employers and members of the System.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 193, &sect; 1, eff. July 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-2-315. Certain employees of Grand River Dam Authority - Election to participate.&nbsp;</span></p> <p><span class="cls0">A. Members of the Oklahoma Public Employees Retirement System who are active Lake Patrolmen or Dispatchers of the Grand River Dam Authority on June 30, 2003, may make an irrevocable written election on or before January 1, 2004, to participate in the Oklahoma Law Enforcement Retirement System. Such patrolmen and dispatchers who make the election as provided by this section shall be subject to the following:&nbsp;</span></p> <p><span class="cls0">1. Upon the date the patrolman or dispatcher makes the election pursuant to this section, he or she shall cease accruing benefits in the Oklahoma Public Employees Retirement System and shall commence accruing benefits in the Oklahoma Law Enforcement Retirement System;&nbsp;</span></p> <p><span class="cls0">2. Prior to the beginning of the month following receipt of the patrolman&rsquo;s or dispatcher&rsquo;s election by the Oklahoma Public Employees Retirement System, the Oklahoma Public Employees Retirement System shall transfer to the Oklahoma Law Enforcement Retirement System all employee contributions and employer contributions including any amounts received by the Oklahoma Public Employees Retirement System on behalf of a transferring member related to a purchase or transfer of credited service to the Oklahoma Public Employees Retirement System. The Oklahoma Public Employees Retirement System shall also send to the Oklahoma Law Enforcement Retirement System the retirement records of the transferring member;&nbsp;</span></p> <p><span class="cls0">3. To receive service credit accrued by such transferring member prior to the election, or prior to the date as of which the person making the election ceases to be a member of the Oklahoma Public Employees Retirement System, whichever date occurs last, the member shall make an irrevocable written election. The election shall be to either pay the difference between the amount transferred by the Oklahoma Public Employees Retirement System to the Oklahoma Law Enforcement Retirement System in paragraph 2 of this subsection and the amount determined by the Board of Trustees pursuant to Section 2-307.5 of Title 47 of the Oklahoma Statutes to receive full eligible credit for the years sought to be transferred or receive eligible prorated service credit for only the amount received from the Oklahoma Public Employees Retirement System pursuant to this subsection. Payments made by such transferring members pursuant to this paragraph shall be made pursuant to subsection B of Section 2-307.5 of Title 47 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">4. Service credit shall only be transferable pursuant to this section if the transferring member is not receiving or eligible to receive service credit or benefits from said service in any other public retirement system and has not received service credit for the same years of service pursuant to Sections 2-307.1, 2-307.3 and 2-307.4 of Title 47 of the Oklahoma Statutes. Provided further, that only transferred credited service related to Lake Patrol service as a patrolman or dispatcher with the Grand River Dam Authority and any other law enforcement related service, including service with the Department of Corrections as a correctional officer or probation and parole officer or any credited service that was purchased or transferred to Oklahoma Public Employees Retirement System from the Oklahoma Law Enforcement Retirement System or the Oklahoma Police Pension and Retirement System, shall be included in the determination of an officer&rsquo;s normal retirement date or vesting date in the Oklahoma Law Enforcement Retirement System; and&nbsp;</span></p> <p><span class="cls0">5. All service credit with the Oklahoma Public Employees Retirement System which is ineligible for transfer to the Oklahoma Law Enforcement Retirement System shall be canceled.&nbsp;</span></p> <p><span class="cls0">B. Lake Patrolmen and Dispatchers of the Grand River Dam Authority who are hired on or after the effective date of this act, shall participate and be members of the Oklahoma Law Enforcement Retirement System. The Grand River Dam Authority shall be a participating employer in the Oklahoma Law Enforcement Retirement System for all Grand River Dam Lake Patrolmen and Dispatchers who participate in the Oklahoma Law Enforcement Retirement System.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 459, &sect; 8.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;474101. Exceptions from provisions of this chapter.&nbsp;</span></p> <p><span class="cls0">This chapter does not apply to the following unless a title or registration has been issued on such vehicles under this act:&nbsp;</span></p> <p><span class="cls0">1. A vehicle moved solely by animal power;&nbsp;</span></p> <p><span class="cls0">2. An implement of husbandry, except as provided in Section 4102 and 4104 of this title;&nbsp;</span></p> <p><span class="cls0">3. Special mobilized machinery;&nbsp;</span></p> <p><span class="cls0">4. A selfpropelled invalid wheel chair or tricycle.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1987, c. 224, &sect; 12, eff. Nov. 1, 1987. Amended by Laws 1987, c. 224, &sect; 12, eff. Nov. 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;47-4-102. Unauthorized use of vehicle or implement of husbandry.&nbsp;</span></p> <p><span class="cls0">A person not entitled to possession of a vehicle or implement of husbandry who, without the consent of the owner and with intent to deprive the owner, temporarily or otherwise, of the vehicle or implement of husbandry or its possession, takes, uses or drives the vehicle or implement of husbandry shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 336, &sect; 4-102, eff. Sept. 1, 1961. Amended by Laws 1987, c. 224, &sect; 13, eff. Nov. 1, 1987; Laws 1997, c. 133, &sect; 471, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 471 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-4-103. Unauthorized receipt, possession, concealment, sale, or dispossession of vehicle or implement of husbandry.&nbsp;</span></p> <p><span class="cls0">A person not entitled to the possession of a vehicle or implement of husbandry who receives, possesses, conceals, sells, or disposes of it, knowing the vehicle or implement of husbandry to be stolen or converted under circumstances constituting a crime, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 336, &sect; 4-103, eff. Sept. 1, 1961. Amended by Laws 1997, c. 133, &sect; 472, eff. July 1, 1999; Laws 2009, c. 373, &sect; 3, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 472 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;474104. Damaging or tampering with vehicle or implement of husbandry.&nbsp;</span></p> <p><span class="cls0">(a) A person, who, with intent and without right to do so, injures or tampers with any vehicle or implement of husbandry or in any other manner damages any part or portion of said vehicle or implement of husbandry or any accessories, appurtenance or attachments thereto is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">(b) A person, who, without right to do so and with intent to commit a crime, climbs into or upon a vehicle or implement of husbandry whether it is in motion or at rest, attempts to manipulate any of the levers, starting mechanism, brakes or other mechanism or device of a vehicle or implement of husbandry while the same is at rest and unattended, or sets in motion any vehicle or implement of husbandry while the same is at rest and unattended is guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">(c) This section shall not apply as stated in Section 111002 of this title.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1987, c. 224, &sect; 14, eff. Nov. 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;47-4-105. Stolen, converted, recovered and unclaimed vehicles.&nbsp;</span></p> <p><span class="cls0">A. It shall be the duty of every sheriff, chief of police or peace officer to make immediate report to the Department of Public Safety of all vehicles reported to their respective jurisdictions as being stolen or recovered. Such report shall be made as prescribed by the Department.&nbsp;</span></p> <p><span class="cls0">B. An owner or a lienholder may report the theft of a vehicle, or its conversion if a crime, to the Department, but the Department may disregard the report of a conversion unless a warrant has been issued for the arrest of a person charged with the conversion. A person who has so reported the theft or conversion of a vehicle shall, forthwith after learning of its recovery, report the recovery to the Department.&nbsp;</span></p> <p><span class="cls0">C. An operator of a place of business for garaging, repairing, parking or storing vehicles for the public, in which a vehicle remains unclaimed for a period of thirty (30) days, shall, within five (5) days after the expiration of that period, report the vehicle as unclaimed to the Department. Such report shall be on a form prescribed by the Department.&nbsp;</span></p> <p><span class="cls0">A vehicle left by its owner whose name and address are known to the operator or employee of the operator is not considered unclaimed. A person who fails to report a vehicle as unclaimed in accordance with this subsection forfeits all claims and liens for its garaging, parking or storing and is guilty of a misdemeanor punishable by a fine or not more than Twenty-five Dollars ($25.00) for each day the failure to report continues.&nbsp;</span></p> <p><span class="cls0">D. The Department shall maintain and appropriately index cumulative public records of stolen, converted, recovered and unclaimed vehicles reported to it pursuant to this section. The Department may make and distribute weekly lists of such vehicles so reported to it to peace officers upon request without fee and to others for the fee, if any, the Department prescribes.&nbsp;</span></p> <p><span class="cls0">E. Any peace officer who has reason to believe or upon receiving information that a motor vehicle has been stolen shall have and is hereby vested with authority to confiscate and hold such vehicle until satisfactory proof of ownership is established. Provided, any vehicle that is towed by a licensed wrecker operator pursuant to the provisions of Section 954A of this title shall be returned to the licensed wrecker operator prior to any other claim or assertion of ownership.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 337, &sect; 4-105, eff. Sept. 1, 1961. Amended by Laws 2003, c. 279, &sect; 3, emerg. eff. May 26, 2003; Laws 2012, c. 197, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;474106. False report of theft or conversion.&nbsp;</span></p> <p><span class="cls0">A person who knowingly makes a false report of the theft or conversion of a vehicle to a peace officer or to the Department is guilty of a misdemeanor.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 337, &sect; 4106. &nbsp;</span></p> <p><span class="cls0">&sect;47-4-107. Removed, falsified or unauthorized identification.&nbsp;</span></p> <p><span class="cls0">(a) Any person or persons who shall destroy, remove, cover, alter or deface, or cause to be destroyed, removed, covered, altered or defaced, the engine number or other distinguishing number of any vehicle in this state, without first giving notice of such act to the Oklahoma Tax Commission, upon such form as the Commission may prescribe, or any person who shall give a wrong description in any application for the registration of any vehicle in this state for the purpose of concealing or hiding the identity of such vehicle, shall be deemed guilty of a felony and upon conviction thereof shall be punished by imprisonment in the State Penitentiary for a term of not less than one (1) year nor more than five (5) years.&nbsp;</span></p> <p><span class="cls0">(b) A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle, knowing that the identification number of the vehicle or engine has been removed or falsified, shall, upon conviction, be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">(c) A person who buys, receives, possesses, sells or disposes of a vehicle or an engine for a vehicle, with knowledge that the identification number of the vehicle or engine has been removed or falsified and with intent to conceal or misrepresent the identity of the vehicle or engine, shall, upon conviction, be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">(d) A person who removes a license plate from a vehicle or affixes to a vehicle a license plate not authorized by law for use on said vehicle with intent to conceal or misrepresent the identity of the vehicle or its owner shall, upon conviction, be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">(e) As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Identification number&rdquo; includes an identifying number, serial number, engine number or other distinguishing number or mark, placed on a vehicle or engine by its manufacturer or by authority of the Oklahoma Tax Commission or in accordance with the laws of another state or country;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Remove&rdquo; includes deface, cover and destroy;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Falsify&rdquo; includes alter and forge.&nbsp;</span></p> <p><span class="cls0">(f) An identification number may be placed on a vehicle or engine by its manufacturer in the regular course of business or placed or restored on a vehicle or engine by authority of the Oklahoma Tax Commission without violating this section; an identification number so placed or restored is not falsified.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 337, &sect; 4-107, eff. Sept. 1, 1961. Amended by Laws 1981, c. 118, &sect; 5; Laws 1984, c. 253, &sect; 1, operative July 1, 1984; Laws 1997, c. 133, &sect; 473, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 341, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 473 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-4-107a. Offenses in connection with trim tag plates - Exceptions - Penalties - Civil remedies - Definitions.&nbsp;</span></p> <p><span class="cls0">A. It shall be unlawful for any person to:&nbsp;</span></p> <p><span class="cls0">1. Knowingly and intentionally destroy, remove, cover, alter or deface, or cause to be destroyed, covered, removed, altered or defaced the trim tag plate of a motor vehicle manufactured from 1953 to 1977; &nbsp;</span></p> <p><span class="cls0">2. Knowingly affix a counterfeit trim tag plate to a motor vehicle;&nbsp;</span></p> <p><span class="cls0">3. Manufacture, offer for sale, sell, introduce, import or deliver for sale or use in this state a counterfeit trim tag plate; or&nbsp;</span></p> <p><span class="cls0">4. Offer for sale, sell, introduce, import or deliver for sale or use in this state a trim tag plate that was affixed to a motor vehicle at the time of manufacture but has since been removed or become dislodged.&nbsp;</span></p> <p><span class="cls0">B. Paragraph 1 of subsection A of this section shall not apply to:&nbsp;</span></p> <p><span class="cls0">1. Any person who engages in repair of a motor vehicle, provided that removal of the vehicle's trim tag plate is reasonably necessary for repair of a part of the vehicle to which the trim tag plate is affixed, and provided that such trim tag plate is not intentionally destroyed, altered or defaced; or&nbsp;</span></p> <p><span class="cls0">2. Removal of a trim tag from a motor vehicle which is being junked or otherwise destroyed, if the removal is being done for historical documentation purposes by a person actively involved in judging events or for historical documentation of classic motor vehicles and reasonable precaution is taken to ensure that the tag is not sold or affixed to another motor vehicle.&nbsp;</span></p> <p><span class="cls0">C. Any person convicted of violating the provisions of this act shall be guilty of a misdemeanor. Any person convicted of violating the provisions of this act a second or subsequent time shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">D. In addition to any other civil remedy available, a person defrauded as a result of a violation of this act may bring a civil action against any person who knowingly violated this act regardless of whether that person has been convicted of a violation of this act. A person defrauded as a result of a violation of this act may recover treble their actual compensatory damages. In any action brought pursuant to this subsection, the court may award reasonable costs, including costs of expert witnesses, and attorney fees to the prevailing party.&nbsp;</span></p> <p><span class="cls0">E. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. "Trim tag plate" means a plate or tag affixed to a motor vehicle by the manufacturer which displays numbers, symbols, or codes that identify characteristics of the vehicle including, but not limited to, date of manufacture, body style, paint color, engine option, transmission option, trim option, general option, interior option, and interior color;&nbsp;</span></p> <p><span class="cls0">2. "Counterfeit trim tag plate" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;any trim tag plate manufactured by a person or entity other than the original manufacturer of a motor vehicle upon which the trim tag plate is designed to be affixed, unless the trim tag has been permanently stamped, in the same manner as other information on the trim tag, with the words &ldquo;REPLACEMENT TAG&rdquo; in letters measuring at least one-eighth (1/8) of an inch in height, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any trim tag plate which has been altered from its original manufactured condition so as to change any of its numbers, symbols, or codes; and&nbsp;</span></p> <p><span class="cls0">3. "Motor vehicle" means the same as defined in Section 1-134 of Title 47 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 96, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-4-108. False statements of material facts - Punishment.&nbsp;</span></p> <p><span class="cls0">Any person who shall knowingly make any false statement of a material fact, either in his application for the certificate of title herein provided for, or in any assignment thereof, or who, with intent to procure or pass title to a motor vehicle which he knows, or has reason to believe, has been stolen, shall receive or transfer possession of the same from or to another, or who shall have in his possession any motor vehicle which he knows or has reason to believe has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as such officer, shall be deemed guilty of a felony, and upon conviction thereof shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary for a period of not less than one (1) year nor more than ten (10) years, or by both such fine and imprisonment, at the discretion of the court. This provision shall not be exclusive of any other penalties prescribed by an existing or future law for the larceny or unauthorized taking of a motor vehicle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 338, &sect; 4-108, eff. Sept. 1, 1961. Amended by Laws 1997, c. 133, &sect; 474, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 342, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 474 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-4-109. Altering or forging certificate of title - Punishment.&nbsp;</span></p> <p><span class="cls0">Any person who shall alter or forge, or cause to be altered or forged, any certificate of title issued by the Commission, pursuant to the provisions of this act, or any assignment thereof, or who shall hold or use any such certificate or assignment, knowing the same to have been altered or forged, shall be deemed guilty of a felony, and upon conviction thereof shall be liable to pay a fine of not less than Fifty Dollars ($50.00), nor more than Five Thousand Dollars ($5,000.00), or to imprisonment in the State Penitentiary for a period of not less than one (1) year, nor more than ten (10) years, or by both such fine and imprisonment, at the discretion of the court.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 338, &sect; 4-109, eff. Sept. 1, 1961. Amended by Laws 1997, c. 133, &sect; 475, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 343, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 475 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-4-110. Offenses in connection with certificates of title.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise authorized by law, it shall be unlawful for any person to commit any of the following acts:&nbsp;</span></p> <p><span class="cls0">1. To lend or to sell to, or knowingly permit the use of by, one not entitled thereto any certificate of title or number plate issued to or in the custody of the person so lending or permitting the use thereof;&nbsp;</span></p> <p><span class="cls0">2. To alter or in any manner change a certificate of title, registration certificate or number plate issued under the laws of this state or any other state;&nbsp;</span></p> <p><span class="cls0">3. To purchase identification or number plates on an assigned certificate of title. This paragraph shall be applicable to all persons except bona fide registered dealers in used motor vehicles who are holders of current and valid used motor vehicle dealers' licenses;&nbsp;</span></p> <p><span class="cls0">4. To sell or dispose of, in any manner, a used vehicle without delivering to the purchaser an Oklahoma certificate of title in such purchaser's name or one properly and completely assigned to the purchaser at the time of sale.&nbsp;</span></p> <p><span class="cls0">Anyone violating any of the provisions of this subsection, upon conviction, shall be guilty of a misdemeanor and shall be fined not less than Ten Dollars ($10.00) and not to exceed One Hundred Dollars ($100.00).&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise authorized by law, no person shall:&nbsp;</span></p> <p><span class="cls0">1. Lend or sell to, or knowingly permit the use of by, one not entitled thereto any certificate of title issued for a manufactured home, manufactured home registration receipt, Manufactured Home Registration Decal or excise tax receipt;&nbsp;</span></p> <p><span class="cls0">2. Alter or in any manner change a certificate of title issued for a manufactured home under the laws of this state or any other state;&nbsp;</span></p> <p><span class="cls0">3. Remove or alter a manufactured home registration receipt, Manufactured Home Registration Decal or excise tax receipt attached to a certificate of title or attach such receipts to a certificate of title with the intent to misrepresent the payment of the required excise tax and registration fees;&nbsp;</span></p> <p><span class="cls0">4. Purchase identification, manufactured home registration receipt, Manufactured Home Registration Decal or excise tax receipt on an assigned certificate of title.&nbsp;</span></p> <p><span class="cls0">Anyone violating the provisions of this subsection, upon conviction, shall be guilty of a felony.&nbsp;</span></p> <p><span class="cls0">C. Any violation of any portion of this section for which a specific penalty has not been imposed shall constitute a misdemeanor and upon conviction thereof the person having violated it shall be fined not less than Ten Dollars ($10.00) and not to exceed One Hundred Dollars ($100.00).&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 338, &sect; 4-110, eff. Sept. 1, 1961. Amended by Laws 1980, c. 85, &sect; 1, eff. Jan. 1, 1981; Laws 1981, c. 118, &sect; 6; Laws 1984, c. 253, &sect; 2, operative July 1, 1984; Laws 1997, c. 133, &sect; 476, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 476 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-4-111. Inspection of public garage or repair shop or place where vehicles are held for sale or wrecking for purpose of locating stolen vehicles and investigating title and registration thereof.&nbsp;</span></p> <p><span class="cls0">Any peace officer of the state may inspect any vehicle of a type required to be registered hereunder in any public garage or repair shop or in any place where such vehicles are held for sale or wrecking, for the purpose of locating stolen vehicles and investigating the title and registration thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1993, c. 113, &sect; 2, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-5-101. Repealed by Laws 1963, c. 138, &sect; 3, eff. June 4, 1963.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-101. Class requirements for driver licenses - Commercial motor vehicles - Commercial learner permit - Hazardous materials - Class D motor vehicles - Motorcycle endorsement - Restricted driver license - Fees - Expiration - Issuance and renewal - Allocation of monies - Identification photographs database.&nbsp;</span></p> <p><span class="cls0">A. No person, except those hereinafter expressly exempted in Section 6-102 of this title and Section 2 of this act, shall operate any motor vehicle upon a highway in this state unless the person has a valid Oklahoma driver license for the class of vehicle being operated under the provisions of this title. No person shall be permitted to possess more than one valid license at any time, except as provided in paragraph 4 of subsection F of this section.&nbsp;</span></p> <p><span class="cls0">B. 1. No person shall operate a Class A commercial motor vehicle unless the person is eighteen (18) years of age or older and holds a valid Class A commercial license, except as provided in paragraph 5 of this subsection and subsection F of this section. Any person holding a valid Class A commercial license shall be permitted to operate motor vehicles in Classes A, B, C and D, except as provided for in paragraph 4 of this subsection.&nbsp;</span></p> <p><span class="cls0">2. No person shall operate a Class B commercial motor vehicle unless the person is eighteen (18) years of age or older and holds a valid Class B commercial license, except as provided in paragraph 5 of subsection F of this section. Any person holding a valid Class B commercial license shall be permitted to operate motor vehicles in Classes B, C and D, except as provided for in paragraph 4 of this subsection.&nbsp;</span></p> <p><span class="cls0">3. No person shall operate a Class C commercial motor vehicle unless the person is eighteen (18) years of age or older and holds a valid Class C commercial license, except as provided in subsection F of this section. Any person holding a valid Class C commercial license shall be permitted to operate motor vehicles in Classes C and D, except as provided for in paragraph 4 of this subsection.&nbsp;</span></p> <p><span class="cls0">4. No person under twenty-one (21) years of age shall be licensed to operate any motor vehicle which is required to be placarded for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F, except as provided in subsection F of this section; provided, a person eighteen (18) years of age or older may be licensed to operate a farm vehicle which is required to be placarded for hazardous materials pursuant to 49 C.F.R., Part 172, subpart F, except as provided in subsection F of this section.&nbsp;</span></p> <p><span class="cls0">5. A person at least seventeen (17) years of age who successfully completes all examinations required by law may be issued by the Department:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a restricted Class A commercial license which shall grant to the licensee the privilege to operate a Class A or Class B commercial motor vehicle for harvest purposes or a Class D motor vehicle, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a restricted Class B commercial license which shall grant to the licensee the privilege to operate a Class B commercial motor vehicle for harvest purposes or a Class D motor vehicle.&nbsp;</span></p> <p><span class="cls0">6. No person shall operate a Class D motor vehicle unless the person is sixteen (16) years of age or older and holds a valid Class D license, except as provided for in Section 6-102 or 6-105 of this title. Any person holding a valid Class D license shall be permitted to operate motor vehicles in Class D only.&nbsp;</span></p> <p><span class="cls0">C. Any person issued a driver license pursuant to this section may exercise the privilege thereby granted upon all streets and highways in this state.&nbsp;</span></p> <p><span class="cls0">D. No person shall operate a motorcycle or motor-driven cycle without having a valid Class A, B, C or D license with a motorcycle endorsement. Except as otherwise provided by law, any new applicant for an original driver license shall be required to successfully complete a written examination, vision examination, and driving examination for a motorcycle as prescribed by the Department of Public Safety to be eligible for a motorcycle endorsement thereon. The written examination and driving examination for a motorcycle may be waived by the Department of Public Safety upon verification that the person has successfully completed a certified Motorcycle Safety Foundation rider course approved by the Department.&nbsp;</span></p> <p><span class="cls0">E. Except as otherwise provided by law, any person who lawfully possesses a valid Oklahoma driver license which is eligible for renewal shall be required to successfully complete a written examination, vision examination, and driving examination for a motorcycle as prescribed by the Department to be eligible for a motorcycle endorsement. The written examination and driving examination for a motorcycle may be waived by the Department of Public Safety upon verification that the person has successfully completed a certified Motorcycle Safety Foundation rider course approved by the Department.&nbsp;</span></p> <p><span class="cls0">F. 1. Any person eighteen (18) years of age or older may apply for a restricted Class A, B or C commercial learner permit. The Department, after the applicant has passed all parts of the examination for a Class D license and has successfully passed all parts of the examination for a Class A, B or C commercial license other than the driving examination, may issue to the applicant a commercial learner permit which shall entitle the person having immediate lawful possession of the commercial learner permit and a valid Oklahoma driver license to operate a Class A, B or C commercial motor vehicle upon the public highways solely for the purpose of behind-the-wheel training in accordance with rules promulgated by the Department.&nbsp;</span></p> <p><span class="cls0">2. This commercial learner permit shall be issued for a period as provided in Section 6-115 of this title of one hundred eighty (180) days, which may be renewed one time for an additional one hundred eighty (180) days; provided, such commercial learner permit may be suspended, revoked, canceled, denied or disqualified at the discretion of the Department for violation of the restrictions, for failing to give the required or correct information on the application, or for violation of any traffic laws of this state pertaining to the operation of a motor vehicle. Except as otherwise provided, the lawful possessor of a commercial learner permit who has been issued a commercial learner permit for a minimum of fourteen (14) days may have the restriction requiring an accompanying driver removed by satisfactorily completing a driver's examination; provided, the removal of a restriction shall not authorize the operation of a Class A, B or C commercial motor vehicle if such operation is otherwise prohibited by law.&nbsp;</span></p> <p><span class="cls0">3. No person shall apply for and the Department shall not issue an original Class A, B or C driver license until the person has been issued a commercial learner permit and held the permit for at least fourteen (14) days. Any person who currently holds a Class B or C license and who wishes to apply for another class of commercial driver license shall be required to apply for a commercial learner permit and to hold the permit for at least fourteen (14) days before applying for the Class A or B license, as applicable. Any person who currently holds a Class A, B or C license and who wishes to add an endorsement or remove a restriction for which a skills examination is required shall be required to apply for a commercial learner permit and to hold the permit for at least fourteen (14) days before applying for the endorsement.&nbsp;</span></p> <p><span class="cls0">4. A commercial learner permit shall be issued by the Department as a separate and unique document which shall be valid only in conjunction with a valid Oklahoma driver license, both of which shall be in the possession of the person to whom they have been issued whenever that person is operating a commercial motor vehicle as provided in this subsection.&nbsp;</span></p> <p><span class="cls0">5. After one renewal of a commercial learner permit, as provided in paragraph 2 of this subsection, a commercial permit shall not be renewed again. Any person who has held a commercial learner permit for the initial issuance period and one renewal period shall not be eligible for and the Department shall not issue another renewal of the permit; provided, the person may reapply for a new commercial learner permit, as provided for in this subsection.&nbsp;</span></p> <p><span class="cls0">6. Enrollment in or successful completion of a commercial driver training school shall not be required for any commercial learner permit applicant who requests a skills examination for a Class A, B or C license, nor shall any student enrolled in a commercial driver training school be prohibited from taking a skills examination for a Class A, B or C license upon request with a Department of Public Safety examiner regardless of whether the person has completed the course, is still enrolled in the course to be completed or has voluntarily withdrawn from the course.&nbsp;</span></p> <p><span class="cls0">G. 1. The fee charged for an approved application for an original Oklahoma driver license or an approved application for the addition of an endorsement to a current valid Oklahoma driver license shall be assessed in accordance with the following schedule:&nbsp;</span></p> <p><span class="cls0">Class A Commercial Learner Permit&nbsp;&nbsp;$25.00&nbsp;</span></p> <p><span class="cls0">Class A Commercial License&nbsp;&nbsp;$25.00&nbsp;</span></p> <p><span class="cls0">Class B Commercial Learner Permit&nbsp;&nbsp;$15.00&nbsp;</span></p> <p><span class="cls0">Class B Commercial License&nbsp;&nbsp;$15.00&nbsp;</span></p> <p><span class="cls0">Class C Commercial Learner Permit&nbsp;&nbsp;$15.00&nbsp;</span></p> <p><span class="cls0">Class C Commercial License&nbsp;&nbsp;$15.00&nbsp;</span></p> <p><span class="cls0">Class D License&nbsp;&nbsp;$ 4.00&nbsp;</span></p> <p><span class="cls0">Motorcycle Endorsement&nbsp;&nbsp;$ 4.00&nbsp;</span></p> <p><span class="cls0">2. Notwithstanding the provisions of Section 1104 of this title, all monies collected from the fees charged for Class A, B and C commercial licenses pursuant to the provisions of this subsection shall be deposited in the General Revenue Fund of this state.&nbsp;</span></p> <p><span class="cls0">H. The fee charged for any failed examination shall be Four Dollars ($4.00) for any license classification. Notwithstanding the provisions of Section 1104 of this title, all monies collected from such examination fees pursuant to the provisions of this subsection shall be deposited in the General Revenue Fund of this state.&nbsp;</span></p> <p><span class="cls0">I. In addition to any fee charged pursuant to the provisions of subsection G of this section, the fee charged for the issuance or renewal of an Oklahoma license shall be in accordance with the following schedule; provided, that any applicant who has a CDL Learner Permit shall be charged only the replacement fee for the issuance of the license:&nbsp;</span></p> <p><span class="cls0">Class A Commercial Learner Permit&nbsp;&nbsp;$51.50&nbsp;</span></p> <p><span class="cls0">Class A Commercial License&nbsp;&nbsp;$51.50&nbsp;</span></p> <p><span class="cls0">Class B Commercial Learner Permit&nbsp;&nbsp;$51.50&nbsp;</span></p> <p><span class="cls0">Class B Commercial License&nbsp;&nbsp;$51.50&nbsp;</span></p> <p><span class="cls0">Class C Commercial License&nbsp;&nbsp;$41.50&nbsp;</span></p> <p><span class="cls0">Class D License&nbsp;&nbsp;$33.50&nbsp;</span></p> <p><span class="cls0">A commercial learner permit may be renewed one time for a period of one hundred eighty (180) days. The cost for the renewed permit shall be the same as for the original permit.&nbsp;</span></p> <p><span class="cls0">Notwithstanding the provisions of Section 1104 of this title, of each fee charged pursuant to the provisions of this subsection:&nbsp;</span></p> <p><span class="cls0">1. Five Dollars and fifty cents ($5.50) shall be deposited to the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of Title 63 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. Six Dollars and seventy-five cents ($6.75) shall be deposited to the Department of Public Safety Computer Imaging System Revolving Fund to be used solely for the purpose of administration and maintenance of the computerized imaging system of the Department; and&nbsp;</span></p> <p><span class="cls0">3. Ten Dollars ($10.00) shall be deposited to the Department of Public Safety Revolving Fund for all original or renewal issuances of licenses.&nbsp;</span></p> <p><span class="cls0">J. All original and renewal driver licenses shall expire as provided in Section 6-115 of this title.&nbsp;</span></p> <p><span class="cls0">K. Any person sixty-two (62) years of age or older during the calendar year of issuance of a Class D license or motorcycle endorsement shall be charged the following prorated fee:&nbsp;</span></p> <p><span class="cls0">Age 62&nbsp;&nbsp;$21.25&nbsp;</span></p> <p><span class="cls0">Age 63&nbsp;&nbsp;$17.50&nbsp;</span></p> <p><span class="cls0">Age 64&nbsp;&nbsp;$13.75&nbsp;</span></p> <p><span class="cls0">Age 65&nbsp;&nbsp;-0-&nbsp;</span></p> <p><span class="cls0">L. No person who has been honorably discharged from active service in any branch of the Armed Forces of the United States or Oklahoma National Guard and who has been certified by the United States Department of Veterans Affairs, its successor, or the Armed Forces of the United States to be a disabled veteran in receipt of compensation at the one-hundred-percent rate for a permanent disability sustained through military action or accident resulting from disease contracted while in such active service shall be charged a fee for the issuance or renewal of an Oklahoma driver license.&nbsp;</span></p> <p><span class="cls0">M. The Department of Public Safety and the Oklahoma Tax Commission are authorized to promulgate rules for the issuance and renewal of driver licenses authorized pursuant to the provisions of Sections 6-101 through 6-309 of this title. Applications, upon forms approved by the Department of Public Safety, for such licenses shall be handled by the motor license agents; provided, the Department of Public Safety is authorized to assume these duties in any county of this state. Each motor license agent accepting applications for driver licenses shall receive Four Dollars ($4.00) to be deducted from the total collected for each license or renewal application accepted. The four-dollar fee received by the motor license agent shall be used for operating expenses.&nbsp;</span></p> <p><span class="cls0">N. Notwithstanding the provisions of Section 1104 of this title and subsection M of this section and except as provided in subsections G and I of this section, the first Sixty Thousand Dollars ($60,000.00) of all monies collected pursuant to this section shall be paid by the Oklahoma Tax Commission to the State Treasurer to be deposited in the General Revenue Fund of the State Treasury.&nbsp;</span></p> <p><span class="cls0">The next Five Hundred Thousand Dollars ($500,000.00) of monies collected pursuant to this section shall be paid by the Tax Commission to the State Treasurer to be deposited each fiscal year under the provisions of this section to the credit of the Department of Public Safety Restricted Revolving Fund for the purpose of the Statewide Law Enforcement Communications System. All other monies collected in excess of Five Hundred Sixty Thousand Dollars ($560,000.00) each fiscal year shall be apportioned as provided in Section 1104 of this title, except as otherwise provided in this section.&nbsp;</span></p> <p><span class="cls0">O. The Department of Public Safety shall implement a procedure whereby images displayed on licenses and identification cards issued pursuant to the provisions of Sections 6-101 through 6-309 of this title are maintained by the Department to create photographs or computerized images which may be used only:&nbsp;</span></p> <p><span class="cls0">1. By a law enforcement agency for purposes of criminal investigations, missing person investigations, or any law enforcement purpose which is deemed necessary by the Commissioner of Public Safety;&nbsp;</span></p> <p><span class="cls0">2. By the driver licensing agency of another state for its official purpose; and&nbsp;</span></p> <p><span class="cls0">3. As provided in Section 2-110 of this title.&nbsp;</span></p> <p><span class="cls0">The computer system and related equipment acquired for this purpose must conform to industry standards for interoperability and open architecture. The Department of Public Safety may promulgate rules to implement the provisions of this subsection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 340, &sect; 6-101, eff. Sept. 1, 1961. Amended by Laws 1963, c. 94, &sect; 1, emerg. eff. May 27, 1963; Laws 1967, c. 396, &sect; 1, emerg. eff. May 24, 1967; Laws 1968, c. 232, &sect; 1, eff. Jan. 1, 1969; Laws 1975, c. 359, &sect; 1, eff. Jan. 1, 1977; Laws 1977, c. 103, &sect; 60, emerg. eff. May 30, 1977; Laws 1977, 1st Ex.Sess., c. 3, &sect; 14, emerg. eff. June 21, 1977; Laws 1978, c. 304, &sect; 4; Laws 1980, c. 357, &sect; 23, eff. July 1, 1980; Laws 1983, c. 286, &sect; 17, operative July 1, 1983; Laws 1985, c. 45, &sect; 1, eff. Jan. 1, 1986; Laws 1985, c. 179, &sect; 59, operative July 1, 1985; Laws 1987, c. 226, &sect; 3, operative July 1, 1987; Laws 1988, c. 232, &sect; 1, operative July 1, 1988; Laws 1989, c. 82, &sect; 1, eff. Nov. 1, 1989; Laws 1990, c. 219, &sect; 10, eff. Jan. 1, 1991; Laws 1992, c. 217, &sect; 3, eff. July 1, 1992; Laws 1992, c. 373, &sect; 6, eff. July 1, 1992; Laws 1993, c. 97, &sect; 1, eff. Sept. 1, 1993; Laws 1993, c. 243, &sect; 52, eff. Sept. 1, 1993; Laws 1994, c. 18, &sect; 1, eff. Sept. 1, 1994; Laws 1995, c. 23, &sect; 8, eff. Nov. 1, 1995; Laws 1996, c. 254, &sect; 1, eff. Nov. 1, 1996; Laws 1997, c. 2, &sect; 4, emerg. eff. Feb. 26, 1997; Laws 1999, c. 342, &sect; 4, eff. Nov. 1, 1999; Laws 2000, c. 6, &sect; 10, emerg. eff. March 20, 2000; Laws 2000, c. 342, &sect; 3, eff. July 1, 2000; Laws 2001, c. 131, &sect; 5, eff. July 1, 2001; Laws 2001, c. 361, &sect; 3, eff. July 1, 2001; Laws 2002, c. 474, &sect; 4, emerg. eff. June 6, 2002; Laws 2003, c. 3, &sect; 35, emerg. eff. March 19, 2003; Laws 2003, c. 392, &sect; 2, eff. July 1, 2003; Laws 2004, c. 521, &sect; 5, eff. Nov. 1, 2004; Laws 2006, 2nd Ex.Sess., c. 44, &sect; 23, eff. July 1, 2007; Laws 2009, c. 81, &sect; 1, eff. Nov. 1, 2009; Laws 2012, c. 280, &sect; 1, eff. Nov. 1, 2012; Laws 2013, c. 15, &sect; 26, emerg. eff. April 8, 2013; Laws 2013, c. 104, &sect; 1, eff. Nov. 1, 2013; Laws 2013, c. 259, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1974, c. 301, &sect; 1 repealed by Laws 1977, c. 103, &sect; 65, emerg. eff. May 30, 1977. Laws 1991, c. 162, &sect; 2 repealed by Laws 1991, c. 335, &sect; 37, emerg. eff. June 15, 1991. Laws 1991, c. 335, &sect; 13 repealed by Laws 1992, c. 217, &sect; 19, eff. July 1, 1992. Laws 1991, c. 216, &sect; 46 and Laws 1992, c. 179, &sect; 1 repealed by Laws 1992, c. 373, &sect; 22, eff. July 1, 1992. Laws 1996, c. 203, &sect; 1 repealed by Laws 1997, c. 2, &sect; 26, emerg. eff. Feb. 26, 1997. Laws 1999, c. 278, &sect; 2 repealed by Laws 2000, c. 6, &sect; 33, emerg. eff. March 20, 2000. Laws 2002, c. 374, &sect; 1 repealed by Laws 2003, c. 3, &sect; 36, emerg. eff. March 19, 2003. Laws 2002, c. 397, &sect; 15 repealed by Laws 2003, c. 3, &sect; 37, emerg. eff. March 19, 2003. Laws 2012, c. 283, &sect; 5 repealed by Laws 2013, c. 15, &sect; 27, emerg. eff. April 8, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;476101.1. Licenses for persons under twentyone years of age.&nbsp;</span></p> <p><span class="cls0">A. Any license issued pursuant to Sections 6101, 6105 or 6114 of this title to any person under twentyone (21) years of age shall be of special design, easily recognizable as the license of such a person and shall include the language "UNDER 21" on the face of the license.&nbsp;</span></p> <p><span class="cls0">B. When a person who has been issued a license designated to be the license of a person under twentyone (21) years of age attains the age of twentyone (21) years, said person may obtain a replacement license without said designation upon payment of the fee required for a duplicate license and by furnishing proof satisfactory to the Department of Public Safety or the motor license agent that said person has attained the age of twentyone (21) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 338, &sect; 1, eff. Jan. 1, 1986. Amended by Laws 1992, c. 217, &sect; 4, eff. July 1, 1992; Laws 1993, c. 97, &sect; 2, eff. Sept. 1, 1993.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-101.2. Repealed by Laws 2007, c. 62, &sect; 35, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-101.3. Repealed by Laws 2007, c. 62, &sect; 35, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-101.4. Repealed by Laws 2007, c. 62, &sect; 35, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-101.5. Repealed by Laws 2007, c. 62, &sect; 35, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-102. Persons exempt &ndash; Reciprocity agreements with foreign countries.&nbsp;</span></p> <p><span class="cls0">A. A nonresident who is sixteen (16) years of age or older may operate a motor vehicle in this state as authorized by the class, restrictions, and endorsements specified on the license, if the nonresident is:&nbsp;</span></p> <p><span class="cls0">1. Properly licensed in the home state or country to operate a commercial or noncommercial motor vehicle and who has immediate possession of a valid driver license issued by the home state or country; or&nbsp;</span></p> <p><span class="cls0">2. A member of the Armed Forces of the United States or the spouse or dependent of such member who has been issued and is in possession of a valid driver license issued by an overseas component of the Armed Forces of the United States.&nbsp;</span></p> <p><span class="cls0">B. A resident who is at least fifteen (15) years of age may operate a vehicle in this state without a driver license, if the resident is:&nbsp;</span></p> <p><span class="cls0">1. Operating a vehicle pursuant to subsection B of Section 6-105 of this title; or&nbsp;</span></p> <p><span class="cls0">2. Taking the driving skills examination as required by Section 6-110 of this title, when accompanied by a Driver License Examiner of the Department of Public Safety or by a designated examiner approved and certified by the Department.&nbsp;</span></p> <p><span class="cls0">C. Any person, while in the performance of official duties, may operate any class of motor vehicle if the person possesses any class of valid Oklahoma driver license or a valid driver license issued by another state, if the person is:&nbsp;</span></p> <p><span class="cls0">1. A member of the Armed Forces of the United States who is on active duty;&nbsp;</span></p> <p><span class="cls0">2. A member of the military reserves, not including United States reserve technician;&nbsp;</span></p> <p><span class="cls0">3. A member of the National Guard who is on active duty, including National Guard military technicians;&nbsp;</span></p> <p><span class="cls0">4. A member of the National Guard who is on part-time National Guard training, including National Guard military technicians; or&nbsp;</span></p> <p><span class="cls0">5. A member of the United States Coast Guard who is on active duty.&nbsp;</span></p> <p><span class="cls0">D. The Commissioner of Public Safety is hereby authorized to adopt rules as may be necessary to enter into reciprocity agreements with foreign countries. The rules shall specify that the driver license standards of the foreign country shall be comparable to those of this state. The rules shall also require foreign drivers, who are operating a motor vehicle in Oklahoma under such a reciprocity agreement, to comply with the compulsory motor vehicle liability insurance and financial responsibility laws of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 341, &sect; 6-102, eff. Sept. 1, 1961. Amended by Laws 1975, c. 200, &sect; 1; Laws 1990, c. 219, &sect; 11, eff. Jan. 1, 1991; Laws 1991, c. 162, &sect; 4, emerg. eff. May 7, 1991; Laws 1992, c. 217, &sect; 5, eff. July 1, 1992; Laws 1998, c. 345, &sect; 1, eff. Nov. 1, 1998; Laws 2001, c. 131, &sect; 6, eff. July 1, 2001; Laws 2002, c. 86, &sect; 3, emerg. eff. April 17, 2002; Laws 2004, c. 418, &sect; 8, eff. July 1, 2004; Laws 2005, c. 457, &sect; 1, eff. Nov. 1, 2005; Laws 2006, c. 311, &sect; 6, emerg. eff. June 8, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-102.1. Operation by persons with an agricultural exemption permit.&nbsp;</span></p> <p><span class="cls0">Any person that possesses an agricultural exemption permit pursuant to Section 1358.1 of Title 68 of the Oklahoma Statutes, while in the course of an agricultural or ranching operation owned by the person and while conducting business within the state, may operate a Class A, B or C commercial motor vehicle if the person possesses any class of valid Oklahoma driver license. Provided, the provisions of this section shall not apply to the operation of any vehicle used for the transportation of any property for hire.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 104, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-103. Persons not to be licensed - Appeal.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided by law, the Department of Public Safety shall not issue a driver license to:&nbsp;</span></p> <p><span class="cls0">1. Any person who is under eighteen (18) years of age, except that the Department may issue a Class D license to any person who attains sixteen (16) years of age on or after August 15, 2000, and meets the requirements of Sections 6-105 and 6-107.3 of this title;&nbsp;</span></p> <p><span class="cls0">2. Any unemancipated person who is under eighteen (18) years of age and whose custodial legal parent or legal guardian does not approve the issuance of a license as required by Section 6-110.2 of this title or objects to the issuance of a license or permit by filing an objection pursuant to Section 6-103.1 of this title;&nbsp;</span></p> <p><span class="cls0">3. Any person whose driving privilege has been suspended, revoked, canceled or denied in this state or any other state or country until the driving privilege has been reinstated by the state or country withdrawing the privilege;&nbsp;</span></p> <p><span class="cls0">4. Any person who is classified as an excessive user of alcohol, any other intoxicating substance, or a combination of alcohol and any other intoxicating substance, and inimical to public safety, in accordance with rules promulgated by the Department, until all requirements granting or reinstating driving privileges are met, including, but not limited to, abstinence from the use of alcohol, any other intoxicating substance, or any combination of alcohol and any other intoxicating substance for a minimum of either twelve (12) months or eighteen (18) months, as determined by OAC 595:10-5, immediately preceding application for or application for reinstatement of driving privileges;&nbsp;</span></p> <p><span class="cls0">5. Any person who is required by Section 6-101 et seq. of this title to take an examination, unless the person shall have successfully passed the examination;&nbsp;</span></p> <p><span class="cls0">6. Any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;&nbsp;</span></p> <p><span class="cls0">7. Any person who is physically deformed or who is afflicted with any mental disease or physical condition that would impair the driving ability of the person or when the Commissioner of Public Safety, from information concerning the person or from the records and reports on file in the Department of Public Safety, determines that the operation of a motor vehicle by such person on the highways would be inimical to public safety or welfare;&nbsp;</span></p> <p><span class="cls0">8. Any person who is a nonresident, as defined in Section 1137 of this title;&nbsp;</span></p> <p><span class="cls0">9. Any alien unless such person presents valid documentation of identity and authorization for presence in the United States issued pursuant to the laws of the United States; provided, no license shall be issued to any alien whose documentation indicates the alien is a visitor or is not eligible to establish residency; or&nbsp;</span></p> <p><span class="cls0">10. Any person who possesses a valid license to operate a motor vehicle issued by another state until the other state license has been surrendered.&nbsp;</span></p> <p><span class="cls0">B. Any applicant who is denied a license under the provisions of subsection A of this section shall have the right to an appeal as provided in Section 6-211 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 341, &sect; 6-103, eff. Sept. 1, 1961. Amended by Laws 1985, c. 45, &sect; 2, eff. Jan. 1, 1986; Laws 1985, c. 338, &sect; 2, eff. Jan. 1, 1986; Laws 1990, c. 219, &sect; 12, eff. Jan. 1, 1991; Laws 1992, c. 217, &sect; 6, eff. July 1, 1992; Laws 1996, c. 254, &sect; 2, eff. Nov. 1, 1996; Laws 1997, c. 2, &sect; 5, emerg. eff. Feb. 26, 1997; Laws 1997, c. 201, &sect; 2, eff. Nov. 1, 1997; Laws 1999, c. 161, &sect; 1, eff. Aug. 15, 2000; Laws 2000, c. 277, &sect; 3, eff. Nov. 1, 2000; Laws 2002, c. 114, &sect; 1, eff. Nov. 1, 2002; Laws 2003, c. 392, &sect; 3, eff. July 1, 2003; Laws 2006, c. 311, &sect; 7, emerg. eff. June 8, 2006; Laws 2007, c. 326, &sect; 5, eff. Nov. 1, 2007.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1996, c. 247, &sect; 38 repealed by Laws 1997, c. 2, &sect; 26, emerg. eff. Feb. 26, 1997.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-103.1. Parental objection to licensing of unemancipated child.&nbsp;</span></p> <p><span class="cls0">A. Any legal custodial parent or legal guardian may prohibit the licensing of or cause the cancellation of a license previously issued to his or her unemancipated child by filing an objection with the Department of Public Safety on a form prescribed by the Department. The Department shall refuse to issue or shall cancel a license when an objection has been properly filed by a legal custodial parent or legal guardian. A license may not be issued and a previous license shall remain canceled until the objection is withdrawn by the legal custodial parent or legal guardian or until the child attains eighteen (18) years of age. A license canceled because a legal custodial parent or legal guardian has filed an objection may be reinstated only after a period of three (3) months. No fee shall be assessed by the Department for reinstatement of a license pursuant to the provisions of this act.&nbsp;</span></p> <p><span class="cls0">B. No legal custodial parent or legal guardian shall be found liable for negligent entrustment of an unemancipated child for failure to file an objection pursuant to the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 254, &sect; 3, eff. Nov. 1, 1996. Amended by Laws 2006, c. 311, &sect; 8, emerg. eff. June 8, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-104. Repealed by Laws 1990, c. 219, &sect; 47, eff. Jan. 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-105. Graduated Class D licenses - Motorcycle-only licenses - Farm vehicle special permits.&nbsp;</span></p> <p><span class="cls0">A. Unless a legal custodial parent or legal guardian has filed an objection to licensure pursuant to Section 6-103.1 of this title, any person under eighteen (18) years of age who is in compliance with or not subject to Section 6-107.3 of this title may be permitted to operate:&nbsp;</span></p> <p><span class="cls0">1. A Class D motor vehicle under the graduated driver license provisions prescribed in subsections B through E of this section;&nbsp;</span></p> <p><span class="cls0">2. A motorcycle under the provisions prescribed in subsection H of this section; or&nbsp;</span></p> <p><span class="cls0">3. A farm vehicle under the provisions prescribed in subsection I of this section.&nbsp;</span></p> <p><span class="cls0">B. Any person who is at least fifteen (15) years of age may drive during a session in which the driver is being instructed in a driver education course, as set out in subparagraphs a, b, c and d of paragraph 1 of subsection C of this section, by a certified driver education instructor who is seated in the right front seat of the motor vehicle.&nbsp;</span></p> <p><span class="cls0">C. Any person:&nbsp;</span></p> <p><span class="cls0">1. Who is at least fifteen and one-half (15 1/2) years of age and is currently receiving instruction in or has successfully completed driver education. For purposes of this section, the term &ldquo;driver education&rdquo; shall mean:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a prescribed secondary school driver education course, as provided for in Sections 19-113 through 19-121 of Title 70 of the Oklahoma Statutes,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a driver education course, certified by the Department of Public Safety, from a parochial, private, or other nonpublic secondary school,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;a commercial driver training course, as defined by Sections 801 through 808 of this title, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a parent-taught driver education course, certified by the Department of Public Safety. The Department shall promulgate rules for any parent-taught driver education course; or&nbsp;</span></p> <p><span class="cls0">2. Who is at least sixteen (16) years of age,&nbsp;</span></p> <p><span class="cls0">may, upon successfully passing all parts of the driver license examination administered by the Department except the driving examination, be issued a learner permit which will grant the permittee the privilege to operate a Class D motor vehicle upon the public highways only between the hours of 5:00 a.m. and 10:00 p.m. and while accompanied by a licensed driver who is at least twenty-one (21) years of age and who is actually occupying a seat beside the permittee; provided, the written examination for a learner permit may be waived by the Department of Public Safety upon verification that the person has successfully completed driver education.&nbsp;</span></p> <p><span class="cls0">D. 1. Any person:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;who has applied for, been issued, and has possessed a learner permit for a minimum of six (6) months, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;whose custodial legal parent or legal guardian certifies to the Department by sworn affidavit that the person has received a minimum of fifty (50) hours of actual behind-the-wheel training, of which at least ten (10) hours of such training was at night, from a licensed driver who was at least twenty-one (21) years of age and who was properly licensed to operate a Class D motor vehicle for a minimum of two (2) years,&nbsp;</span></p> <p><span class="cls0">may be issued an intermediate Class D license upon successfully passing all parts of the driver license examinations administered by the Department; provided, the written examination, if it has not previously been administered or waived, may be waived by the Department upon verification that the person has successfully completed driver education or the driving examination may be waived by the Department upon successful passage of the examination administered by a certified designated examiner, as provided for in Section 6-110 of this title. However, notwithstanding the date of issuance of the learner permit, if the person has been convicted of a traffic offense which is reported on the driving record of that person, the time period specified in subparagraph a of this paragraph shall be recalculated to begin from the date of conviction for the traffic offense, and must elapse before that person may be issued an intermediate Class D license. If the person has been convicted of more than one traffic offense which is reported on the driving record of that person, the time period specified in subparagraph a of this paragraph shall be recalculated to begin from the most recent date of conviction, and must elapse before that person may be issued an intermediate Class D license.&nbsp;</span></p> <p><span class="cls0">2. A person who has been issued an intermediate Class D license under the provisions of this subsection:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;shall be granted the privilege to operate a Class D motor vehicle upon the public highways:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;only between the hours of 5:00 a.m. and 10:00 p.m., except for driving to and from work, school, school activities, and church activities, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;at any time, if a licensed driver who is at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee, or if the intermediate Class D licensee is a farm or ranch resident, and is operating a motor vehicle while engaged in farming or ranching operations outside the limits of a municipality, or driving to and from work, school, school activities, or church activities, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;shall not operate a motor vehicle with more than one passenger unless:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;all passengers live in the same household as the custodial legal parent or legal guardian, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;a licensed driver at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee.&nbsp;</span></p> <p><span class="cls0">E. Any person who has been issued an intermediate Class D license for a minimum of:&nbsp;</span></p> <p><span class="cls0">1. One (1) year; or&nbsp;</span></p> <p><span class="cls0">2. Six (6) months, if the person has completed both the driver education and the parent-certified behind-the-wheel training provisions of subparagraph b of paragraph 1 of subsection D of this section;&nbsp;</span></p> <p><span class="cls0">may be issued a Class D license. However, notwithstanding the date of issuance of the Class D license, if the person has been convicted of a traffic offense which is reported on the driving record of that person, the time periods specified in paragraph 1 or 2 of this subsection, as applicable, shall be recalculated to begin from the date of conviction for the traffic offense, and must elapse before that person may be issued a Class D license. If the person has been convicted of more than one traffic offense which is reported on the driving record of that person, the time periods specified in paragraph 1 or 2 of this subsection, as applicable, shall be recalculated to begin from the most recent date of conviction, and must elapse before that person may be issued a Class D license.&nbsp;</span></p> <p><span class="cls0">F. Learner permits and intermediate Class D licenses shall be issued for the same period as all other driver licenses. The licenses may be suspended or canceled at the discretion of the Department for violation of restrictions, for failing to give the required or correct information on the application, for knowingly giving false or inaccurate information on the application or any subsequent documentation related to the granting of driving privileges, for using a hand-held electronic device while operating a motor vehicle for non-life-threatening emergency purposes or for violation of any traffic laws of this state pertaining to the operation of a motor vehicle.&nbsp;</span></p> <p><span class="cls0">G. The Department of Public Safety shall promulgate rules establishing procedures for removal of learner permit and intermediate Class D license restrictions from the permit or license upon the permittee or licensee qualifying for a less restricted or an unrestricted license.&nbsp;</span></p> <p><span class="cls0">H. Any person fourteen (14) years of age or older may apply for a restricted Class D license with a motorcycle-only restriction. After the person has successfully passed all parts of the motorcycle examination other than the driving examination and has met all requirements provided for in the rules of the Department, the Department shall issue to the person a restricted Class D license with a motorcycle-only restriction which shall grant to the person, while having the license in the person's immediate possession, the privilege to operate a motorcycle or motor-driven cycle:&nbsp;</span></p> <p><span class="cls0">1. With a piston displacement not to exceed two hundred fifty (250) cubic centimeters;&nbsp;</span></p> <p><span class="cls0">2. Between the hours of 4:30 a.m. to 9:00 p.m. only;&nbsp;</span></p> <p><span class="cls0">3. While wearing approved protective headgear; and&nbsp;</span></p> <p><span class="cls0">4. While accompanied by and receiving instruction from any person who is at least twenty-one (21) years of age and who is properly licensed pursuant to the laws of this state to operate a motorcycle or motor-driven cycle, and who has visual contact with the restricted licensee.&nbsp;</span></p> <p><span class="cls0">The restricted licensee may apply on or after thirty (30) days from date of issuance of the restricted Class D license with a motorcycle-only restriction to have the restriction of being accompanied by a licensed driver removed by successfully completing the driving portion of an examination.&nbsp;</span></p> <p><span class="cls0">The written examination and driving examination for a restricted Class D license with a motorcycle-only endorsement may be waived by the Department of Public Safety upon verification that the person has successfully completed a certified Motorcycle Safety Foundation rider course approved by the Department.&nbsp;</span></p> <p><span class="cls0">I. The Department may in its discretion issue a special permit to any person who has attained the age of fourteen (14) years, authorizing such person to operate farm vehicles between the farm and the market to haul commodities grown on the farm; provided, that the special permit shall be temporary and shall expire not more than thirty (30) days after the issuance of the special permit. Special permits shall be issued only to farm residents and shall be issued only during the time of the harvest of the principal crops grown on such farm. Provided, however, the Department shall not issue a special permit pursuant to this subsection until the Department is fully satisfied after the examination of the application and other evidence furnished in support thereof, that the person is physically and mentally developed to such a degree that the operation of a motor vehicle by the person would not be inimical to public safety.&nbsp;</span></p> <p><span class="cls0">J. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Hand-held electronic device&rdquo; means a mobile telephone or electronic device with which a user engages in a telephone call, plays or stores media, including but not limited to music and video, or sends or reads a text message while requiring the use of at least one hand; and&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Using a hand-held electronic device&rdquo; means engaging any function on an electronic device.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 342, &sect; 6-105, eff. Sept. 1, 1961. Amended by Laws 1963, c. 272, &sect; 1, emerg. eff. June 13, 1963; Laws 1969, c. 103, &sect; 1, emerg. eff. April 1, 1969; Laws 1972, c. 61, &sect; 1, emerg. eff. March 27, 1972; Laws 1980, c. 142, &sect; 1, emerg. eff. April 7, 1980; Laws 1983, c. 286, &sect; 18, operative July 1, 1983; Laws 1985, c. 45, &sect; 3, eff. Jan. 1, 1986; Laws 1985, c. 179, &sect; 60, operative July 1, 1985; Laws 1985, c. 338, &sect; 3, eff. Jan. 1, 1986; Laws 1986, c. 107, &sect; 1, eff. Nov. 1, 1986; Laws 1986, c. 259, &sect; 55, operative July 1, 1986; Laws 1987, c. 204, &sect; 120, operative July 1, 1987; Laws 1988, c. 298, &sect; 47, operative July 1, 1988; Laws 1989, c. 207, &sect; 2, eff. Nov. 1, 1989; Laws 1989, c. 353, &sect; 11, emerg. eff. June 3, 1989; Laws 1990, c. 219, &sect; 13, eff. Jan. 1, 1991; Laws 1993, c. 314, &sect; 1, emerg. eff. June 7, 1993; Laws 1994, c. 2, &sect; 14, emerg. eff. March 2, 1994; Laws 1996, c. 254, &sect; 4, eff. Nov. 1, 1996; Laws 1997, c. 2, &sect; 6, emerg. eff. Feb. 26, 1997; Laws 1999, c. 161, &sect; 2, eff. Aug. 15, 2000; Laws 2000, c. 277, &sect; 4, eff. Nov. 1, 2000; Laws 2001, c. 5, &sect; 19, emerg. eff. March 21, 2001; Laws 2001, c. 185, &sect; 1, eff. July 1, 2001; Laws 2001, c. 361, &sect; 4, eff. July 1, 2001; Laws 2003, c. 392, &sect; 4, eff. July 1, 2003; Laws 2004, c. 139, &sect; 1, eff. Nov. 1, 2004; Laws 2005, c. 457, &sect; 2, eff. Nov. 1, 2005; Laws 2006, c. 311, &sect; 9, emerg. eff. June 8, 2006; Laws 2007, c. 328, &sect; 1, eff. Nov. 1, 2007; Laws 2008, c. 83, &sect; 1, eff. Nov. 1, 2008; Laws 2009, c. 99, &sect; 1, eff. Nov. 1, 2009; Laws 2010, c. 341, &sect; 1, eff. Nov. 1, 2010; Laws 2012, c. 280, &sect; 2, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1989, c. 82, &sect; 2 repealed by Laws 1989, c. 353, &sect; 14, emerg. eff. June 3, 1989. Laws 1993, c. 70, &sect; 1 repealed by Laws 1994, c. 2, &sect; 34, emerg. eff. March 2, 1994. Laws 1996, c. 203, &sect; 2 and Laws 1996, c. 247, &sect; 39 repealed by Laws 1997, c. 2, &sect; 26, emerg. eff. Feb. 26, 1997. Laws 2000, c. 247, &sect; 1 repealed by Laws 2001, c. 5, &sect; 20, emerg. eff. March 21, 2001.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2001, c. 185, &sect; 2 reads: &ldquo;The provisions of subparagraph b of paragraph 2 of subsection A of Section 6-105 of Title 47 of the Oklahoma Statutes shall become effective November 1, 2001.&rdquo;&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-105.1. Repealed by Laws 2007, c. 62, &sect; 36, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-105.2. Instructor permit.&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety may issue an instructor permit to any qualified secondary school driver education instructor as defined by the State Board of Education Rules and Regulations for Oklahoma High School Driver and Traffic Safety Education or any driver education instructor, certified by the Department of Public Safety, of a parochial, private, or other nonpublic secondary school upon a proper application to the State Board of Education or the Department of Public Safety in the case of secondary schools that are not regulated by the State Board of Education or a commercial driver training course instructor, as provided for in Sections 801 through 808 of Title 47 of the Oklahoma Statutes. The Department shall promulgate rules for the issuance of the permits. Any instructor as defined in this subsection who has been issued a permit may instruct any person who is at least fifteen and one-half (15 1/2) years of age or who is at least fifteen (15) years of age and of secondary school or higher educational standing while regularly enrolled and certified by the instructor as a student taking a prescribed course of secondary school driver education or a driver education course, certified by the Department of Public Safety, from a parochial, private, or other nonpublic secondary school or a commercial driver training course, as defined by Sections 801 through 808 of Title 47 of the Oklahoma Statutes, to operate a motor vehicle while accompanied by and receiving instruction from the instructor who is actually occupying a seat beside the driver.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 457, &sect; 3, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-105.3. Issuance of identification card - Fees&nbsp;</span></p> <p><span class="cls0">A. In addition to the licenses to operate motor vehicles, the Department of Public Safety may issue cards to Oklahoma residents for purposes of identification only. The identification cards shall be issued, renewed, replaced, canceled and denied in the same manner as driver licenses in this state. The application for an identification card by any person under the age of eighteen (18) years shall be signed and verified by a custodial legal parent or legal guardian before a person authorized to administer oaths or a notarized affidavit signed by a custodial legal parent or legal guardian submitted by the person under the age of eighteen (18) years with the application. Except as otherwise provided in this section, the identification cards shall be valid for a period of four (4) years from the month of issuance; however, the identification cards issued to persons sixty-five (65) years of age or older shall be valid indefinitely from the month of issuance.&nbsp;</span></p> <p><span class="cls0">B. The fee charged for the issuance, renewal, or replacement of an identification card pursuant to this section shall be Twenty Dollars ($20.00); however, no person sixty-five (65) years of age or older shall be charged a fee for an identification card. Of each fee charged pursuant to the provisions of this subsection:&nbsp;</span></p> <p><span class="cls0">1. Seven Dollars ($7.00) shall be apportioned as provided in Section 1104 of this title;&nbsp;</span></p> <p><span class="cls0">2. Three Dollars ($3.00) shall be credited to the Department of Public Safety Computer Imaging System Revolving Fund to be used solely for the purpose of the administration and maintenance of the computerized imaging system of the Department; and&nbsp;</span></p> <p><span class="cls0">3. Ten Dollars ($10.00) shall be deposited in the Department of Public Safety Revolving Fund.&nbsp;</span></p> <p><span class="cls0">C. The Oklahoma Tax Commission is hereby authorized to reimburse, from funds available to that agency, each motor license agent issuing an identification card to a person sixty-five (65) years of age or older, an amount not to exceed One Dollar ($1.00) for each card or driver license so issued. The Tax Commission shall develop procedures for claims for reimbursement.&nbsp;</span></p> <p><span class="cls0">D. When a person makes application for a new identification card, or makes application to renew an identification card, and the person has been convicted of, or received a deferred judgment for, any offense required to register pursuant to the Sex Offenders Registration Act, the identification card shall be valid for a period of one (1) year from the month of issuance, but may be renewed yearly during the time the person is registered on the Sex Offender Registry. The cost for such identification card shall be the same as for other identification cards and renewals.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 457, &sect; 4, eff. Nov. 1, 2005. Amended by Laws 2006, c. 294, &sect; 2, eff. July 1, 2006; Laws 2007, c. 1, &sect; 27, emerg. eff. Feb. 22, 2007; Laws 2013, c. 116, &sect; 1, eff. Nov. 1, 2013; Laws 2013, c. 259, &sect; 3, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2006, c. 311, &sect; 10 repealed by Laws 2007, c. 1, &sect; 28, emerg. eff. Feb. 22, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-106. Application for license.&nbsp;</span></p> <p><span class="cls0">A. 1. Every application for a driver license or identification card shall be made by the applicant upon a form furnished by the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">2. Every original, renewal, or replacement application for a driver license or identification card made by a male applicant who is at least sixteen (16) but less than twenty-six (26) years of age shall include a statement that by submitting the application, the applicant is consenting to registration with the Selective Service System. The pertinent information from the application shall be forwarded by the Department to the Data Management Center of the Selective Service System in order to register the applicant as required by law with the Selective Service System. Any applicant refusing to sign the consent statement shall be denied a driver license or identification card.&nbsp;</span></p> <p><span class="cls0">3. Every applicant for a driver license or identification card shall provide to the Department at the time of application both primary and secondary proofs of identity. The Department shall promulgate rules prescribing forms of primary and secondary identification acceptable for an original Oklahoma driver license.&nbsp;</span></p> <p><span class="cls0">B. Every applicant for a driver license shall state upon the application the following information:&nbsp;</span></p> <p><span class="cls0">1. Full name;&nbsp;</span></p> <p><span class="cls0">2. Date of birth;&nbsp;</span></p> <p><span class="cls0">3. Sex;&nbsp;</span></p> <p><span class="cls0">4. Residence address or mailing address and county of residence to be displayed on the license;&nbsp;</span></p> <p><span class="cls0">5. Mailing address and residence address to be maintained by the Department for the purpose of giving notice, if necessary, as required by Section 2-116 of this title;&nbsp;</span></p> <p><span class="cls0">6. Medical information, as determined by the Department, which shall assure the Department that the person is not prohibited from being licensed as provided by paragraph 7 of subsection A of Section 6-103 of this title;&nbsp;</span></p> <p><span class="cls0">7. Whether the applicant is deaf or hard-of-hearing;&nbsp;</span></p> <p><span class="cls0">8. A brief description of the applicant, as determined by the Department;&nbsp;</span></p> <p><span class="cls0">9. Whether the applicant has previously been licensed, and, if so, when and by what state or country, and whether any license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal;&nbsp;</span></p> <p><span class="cls0">10. Whether the applicant is an alien eligible to be considered for licensure and is not prohibited from licensure pursuant to paragraph 9 of subsection A of Section 6-103 of this title;&nbsp;</span></p> <p><span class="cls0">11. Whether the applicant has:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;previously been licensed and, if so, when and by what state or country, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;held more than one license at the same time during the immediately preceding ten (10) years; and&nbsp;</span></p> <p><span class="cls0">12. Social security number.&nbsp;</span></p> <p><span class="cls0">No person shall request the Department to use the social security number of that person as the driver license number. Upon renewal or replacement of any driver license issued after the effective date of this act, the licensee shall advise the Department or the motor license agent if the present driver license number of the licensee is the social security number of the licensee. If the driver license number is the social security number, the Department or the motor license agent shall change the driver license number to a computer-generated alphanumeric identification.&nbsp;</span></p> <p><span class="cls0">C. 1. In addition to the requirements of subsections A and B of this section, every applicant for a commercial driver license who is subject to the requirements of 49 C.F.R., Part 391, and is applying for an original, renewal, or replacement license, and every person who, upon the effective date of this act, is currently the holder of a commercial driver license and is subject to the requirements of 49 C.F.R., Part 391, and who does not apply for a renewal or replacement license prior to January 30, 2014, shall submit to the Department and maintain with the Department a current approved medical examination certificate signed by a licensed physician authorized to perform and approve medical examination certifications. The Department shall adopt rules regarding procedures for maintaining medical examination certificates pursuant to the requirements in 49 C.F.R., Parts 383 and 384. Any commercial driver licensee subject to the requirements of this paragraph who fails to maintain on file with the Department a current, approved medical examination certificate shall have the driving privileges of the person downgraded to a Class D driver license by the Department.&nbsp;</span></p> <p><span class="cls0">2. If the applicant is applying for an original commercial driver license in Oklahoma or is transferring a commercial driver license from another state to Oklahoma, the Department shall review the driving record of the applicant in other states for the immediately preceding ten (10) years, unless the record review has already been performed by the Department. As a result of the review, if it is determined by the Department that the applicant is subject to a period of disqualification as prescribed by Section 6-205.2 of this title which has not yet been imposed, the Department shall impose the period of disqualification and the applicant shall serve the period of disqualification before a commercial driver license is issued to the applicant; provided, nothing in this paragraph shall be construed to prevent the issuance of a Class D driver license to the applicant.&nbsp;</span></p> <p><span class="cls0">3. If the applicant has or is applying for a hazardous material endorsement, the applicant shall submit to a security threat assessment performed by the Transportation Security Administration of the Department of Homeland Security as required by and pursuant to 49 C.F.R., Part 1572, which shall be used to determine whether the applicant is eligible for the endorsement pursuant to federal law and regulation.&nbsp;</span></p> <p><span class="cls0">4. The Department of Public Safety shall notify each commercial driving school of the passage of this section, and each commercial driving school shall notify prospective students of its school of the hazardous material endorsement requirement.&nbsp;</span></p> <p><span class="cls0">D. In addition to the requirements of subsections A and B of this section, every applicant shall be given an option on the application for issuance of a driver license or identification card or renewal pursuant to Section 6-115 of this title to provide an emergency contact person. The emergency contact information requested may include full name, address, and phone number. The emergency contact information shall be maintained by the Department and shall be used by the Department and law enforcement for emergency purposes only. A person listed as an emergency contact may request to be removed at any time. Any update to a change of name, address, or phone number may be made by the applicant listing the emergency contact person or by the person listed as the emergency contact.&nbsp;</span></p> <p><span class="cls0">E. Whenever application is received from a person previously licensed in another jurisdiction, the Department shall request a copy of the driving record from the other jurisdiction and, effective September 1, 2005, from all other jurisdictions in which the person was licensed within the immediately previous ten (10) years. When received, the driving record shall become a part of the driving record of the person in this state with the same force and effect as though entered on the driver's record in this state in the original instance.&nbsp;</span></p> <p><span class="cls0">F. Whenever the Department receives a request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 343, &sect; 6-106, eff. Sept. 1, 1961. Amended by Laws 1985, c. 45, &sect; 4, eff. Jan. 1, 1986; Laws 1989, c. 82, &sect; 3, eff. Nov. 1, 1989; Laws 1990, c. 219, &sect; 14, eff. Jan. 1, 1991; Laws 1992, c. 177, &sect; 1, eff. Sept. 1, 1992; Laws 1997, c. 325, &sect; 1, eff. July 1, 1997; Laws 1998, c. 323, &sect; 14, eff. Oct. 1, 1998; Laws 1999, c. 1, &sect; 13, emerg. eff. Feb. 24, 1999; Laws 2000, c. 189, &sect; 1, eff. July 1, 2000; Laws 2000, c. 342, &sect; 4, eff. July 1, 2000; Laws 2001, c. 5, &sect; 21, emerg. eff. March 21, 2001; Laws 2001, c. 361, &sect; 5, eff. July 1, 2001; Laws 2002, c. 114, &sect; 2, eff. Nov. 1, 2002; Laws 2003, c. 392, &sect; 5, eff. July 1, 2003; Laws 2004, c. 149, &sect; 1, eff. Nov. 1, 2004; Laws 2004, c. 390, &sect; 4, eff. July 1, 2004; Laws 2005, c. 394, &sect; 1, emerg. eff. June 6, 2005; Laws 2006, c. 16, &sect; 26, emerg. eff. March 29, 2006; Laws 2007, c. 326, &sect; 6, eff. Nov. 1, 2007; Laws 2010, c. 154, &sect; 1, eff. Nov. 1, 2010; Laws 2010, c. 277, &sect; 1, eff. Nov. 1, 2010; Laws 2012, c. 207, &sect; 2, emerg. eff. May 8, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, c. 246, &sect; 19 repealed by Laws 1999, c. 1, &sect; 45, emerg. eff. Feb. 24, 1999. Laws 2000, c. 277, &sect; 5 repealed by Laws 2001, c. 5, &sect; 22, emerg. eff. March 21, 2001. Laws 2003, c. 234, &sect; 2 repealed by Laws 2004, c. 5, &sect; 37, emerg. eff. March 1, 2004. Laws 2004, c. 5, &sect; 36 repealed by Laws 2004, c. 390, &sect; 20, eff. July 1, 2004. Laws 2005, c. 36, &sect; 1 repealed by Laws 2006, c. 16, &sect; 27, emerg. eff. March 29, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-106.1. Renumbered as &sect; 11-906.1 of this title by Laws 2000, 1st Ex.Sess., c. 8, &sect; 33, eff. July 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-106.2. Renumbered as &sect; 11-906.2 of this title by Laws 2000, 1st Ex.Sess., c. 8, &sect; 33, eff. July 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-106.3. Renumbered as &sect; 11-906.3 of this title by Laws 2000, 1st Ex.Sess., c. 8, &sect; 33, eff. July 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-106.4. Renumbered as &sect; 11-906.4 of this title by Laws 2000, 1st Ex.Sess., c. 8, &sect; 33, eff. July 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-107. Restricted licenses for unemancipated persons under 18 - Signature of legal parent or guardian - Liability - Financial responsibility - Cancellation or suspension.&nbsp;</span></p> <p><span class="cls0">A. In addition to the requirements of Section 6-106 of this title, the application of any unemancipated person under the age of eighteen (18) years for a restricted license shall be signed and verified by the legal custodial parent or legal guardian of the applicant before a person authorized to administer oaths. The signature of the legal custodial parent or legal guardian shall be evidence that the legal custodial parent or legal guardian is willing to assume the obligation imposed under this act upon a person signing the application of a person under the age of eighteen (18) years. Provided, however, any unemancipated person under the age of eighteen (18) years who is in the permanent custody of the Department of Human Services, upon proof of financial responsibility in respect to the operation of a motor vehicle owned by him or her or if not the owner of a motor vehicle then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, shall not be required to have his or her application for restricted license signed or verified by another person.&nbsp;</span></p> <p><span class="cls0">B. Any negligence or willful misconduct of a person under the age of eighteen (18) years when driving a motor vehicle upon a highway with the knowledge and consent of the person who signed the application for the restricted license shall be imputed to the person who has signed the application. Such person shall be jointly and severally liable with the minor for any damages caused by such negligence or willful misconduct, except as otherwise provided in subsection C of this section.&nbsp;</span></p> <p><span class="cls0">C. In the event a person under the age of eighteen (18) years deposits, or there is deposited upon his or her behalf, proof of financial responsibility in respect to the operation of a motor vehicle owned by him or her or if not the owner of a motor vehicle then with respect to the operation of any motor vehicle, in form and in amounts as required under the motor vehicle financial responsibility laws of this state, then the Department may accept the application of such person when signed by the legal custodial parent or the legal guardian of such person, and while such proof is maintained the legal custodial parent or legal guardian shall not be subject to the liability imposed under subsection B of this section.&nbsp;</span></p> <p><span class="cls0">D. The Department may, at its discretion, cancel or suspend the license of any person under the age of eighteen (18) years for any unlawful act, negligence or misconduct while driving a motor vehicle.&nbsp;</span></p> <p><span class="cls0">E. As provided in Section 6-103.1 of this title, any legal custodial parent or legal guardian who has signed the application of a person under the age of eighteen (18) years for a license may thereafter file with the Department of Public Safety a verified written request that the license of that person so granted be canceled. The Department shall then cancel the license of the person and the legal custodial parent or legal guardian who signed the application of the person shall be relieved from the liability imposed under this act by reason of having signed the application on account of any subsequent negligence or willful misconduct of the person in operating a motor vehicle.&nbsp;</span></p> <p><span class="cls0">F. The Department of Public Safety upon receipt of satisfactory evidence of the death of the legal custodial parent or legal guardian who signed the application of a person under the age of eighteen (18) years for a license shall cancel the license and shall not issue a new license until such time as a new application, duly signed and verified, is made as required by this chapter. This provision shall not apply in the event the person has attained the age of eighteen (18) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 343, &sect; 6-107, eff. Sept. 1, 1961. Amended by Laws 1975, c. 343, &sect; 1, emerg. eff. June 12, 1975; Laws 1978, c. 304, &sect; 5; Laws 1979, c. 284, &sect; 1, eff. July 1, 1979; Laws 1985, c. 45, &sect; 5, eff. Jan. 1, 1986; Laws 1990, c. 219, &sect; 15, eff. Jan. 1, 1991; Laws 2002, c. 397, &sect; 16, eff. Nov. 1, 2002; Laws 2006, c. 311, &sect; 11, emerg. eff. June 8, 2006; Laws 2008, c. 1, &sect; 3.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-107.1. Recommendation of cancellation or denial of driving privileges of persons 20 or younger for certain alcohol or substance abuse offenses &ndash; Notification of Department.&nbsp;</span></p> <p><span class="cls0">A. When any district court, municipal court of record or any municipal court in a city or town in which the judge is an attorney licensed to practice law in this state has determined that a person under the age of eighteen (18) years has committed any offense described in subsection C of this section, or that a person eighteen (18), nineteen (19), or twenty (20) years of age has committed an offense described in Section 11-906.4 of this title, the court shall notify the Department of Public Safety on a form prescribed by the Department as provided in Section 6-107.2 of this title.&nbsp;</span></p> <p><span class="cls0">B. The notice shall include the name, date of birth, physical description and, if known, the driver license number of the person. The notice shall contain an order to the Department to cancel or deny driving privileges for a specified period of time, except as otherwise provided by law, as follows:&nbsp;</span></p> <p><span class="cls0">1. For a period of six (6) months for a first offense;&nbsp;</span></p> <p><span class="cls0">2. For a period of one (1) year for a second offense;&nbsp;</span></p> <p><span class="cls0">3. For a period of two (2) years for a third or subsequent offense; or&nbsp;</span></p> <p><span class="cls0">4. In the discretion of the court, until the person attains twenty-one (21) years of age, if that period of time would be longer than the period of time provided in paragraph 1, 2 or 3 of this subsection.&nbsp;</span></p> <p><span class="cls0">Provided, however, if the person is less than sixteen (16) years of age at the time of the determination, and the person will be less than sixteen (16) years of age at the end of the period of cancellation or denial, the Department shall extend the period of cancellation or denial to the date the person attains sixteen (16) years of age.&nbsp;</span></p> <p><span class="cls0">The court shall send a copy of the notice to the person first class, postage prepaid.&nbsp;</span></p> <p><span class="cls0">C. In addition to the administrative revocation of driving privileges pursuant to Section 754 of this title, and the mandatory revocation of driving privileges pursuant to Section 6-205.1 of this title, this section applies to any crime, violation, infraction, traffic offense or other offense involving or relating to the possession, use, sale, purchase, transportation, distribution, manufacture, or consumption of beer, alcohol, or any beverage containing alcohol and to any crime, violation, infraction, traffic offense or other offense involving or relating to the possession, use, sale, purchase, transportation, distribution, manufacture, trafficking, cultivation, consumption, ingestion, inhalation, injection, or absorption of any controlled dangerous substance as defined by paragraph 8 of Section 2-101 of Title 63 of the Oklahoma Statutes or any substance which is capable of being ingested, inhaled, injected, or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing, or other sensory or motor functions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 237, &sect; 1, eff. Nov. 1, 1988. Amended by Laws 1989, c. 314, &sect; 1, eff. Nov. 1, 1989; Laws 1993, c. 238, &sect; 1, emerg. eff. May 26, 1993; Laws 1994, c. 387, &sect; 1, eff. July 1, 1995; Laws 1996, c. 309, &sect; 4, eff. Nov. 1, 1996; Laws 2006, c. 61, &sect; 12, eff. July 1, 2006; Laws 2010, c. 345, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;476107.2. Department to cancel or deny driving privileges pursuant to recommendation under Section 6107.1 of this title Petition for relief Hearing Modification or reinstatement of driving privileges.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety shall prepare and distribute a Notification form to be used by the courts, as provided in Section 6-107.1 of this title. In addition to any other authority to cancel or deny driving privileges, the Department of Public Safety shall, upon receipt of such completed Notification form from a court, cancel or deny all driving privileges of the person named in the Notification form without hearing, for a period of time recommended by the court.&nbsp;</span></p> <p><span class="cls0">B. Upon receipt of a second or subsequent Notification from a court relating to the same person, the Department shall cancel or deny driving privileges of the person for a period of two (2) years or until the person attains eighteen (18) years of age, whichever is longer.&nbsp;</span></p> <p><span class="cls0">C. Any person whose driving privileges are canceled or denied pursuant to this section may file a petition for relief based upon error or hardship.&nbsp;</span></p> <p><span class="cls0">1. The petition shall be filed in the district court which notified the Department pursuant to Section 6-107.1 of this title or, if the Notification originated in a municipal court, the petition shall be filed in the district court of the county in which the court is located. A copy of the Notification and a copy of the Department's action canceling or denying driving privileges pursuant to this section, shall be attached to the petition.&nbsp;</span></p> <p><span class="cls0">2. The district court shall conduct a hearing on the petition and may determine the matter de novo, without notice to the Department, and if applicable, without notice to the municipal court; provided, the district court shall not consider a collateral attack upon the merits of any conviction or determination which has become final.&nbsp;</span></p> <p><span class="cls0">3. The district court may deny the petition, or in its discretion, issue a written Order to the Department to increase or decrease the period of cancellation or denial to any period or issue a written Order to vacate the Department's action taken pursuant to this section, in its entirety. The content of the Order shall not grant or purport to grant any driving privileges to the person, however such order may direct the Department of Public Safety to do so if the person is otherwise eligible therefor.&nbsp;</span></p> <p><span class="cls0">D. Upon receipt of a written Order from the appropriate court, the Department shall modify or reinstate any driving privileges as provided in the Order.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 237, &sect; 2, eff. Nov. 1, 1988. Amended by Laws 1989, c.314, &sect; 2, eff. Nov. 1, 1989; Laws 1994, c. 387, &sect; 2, eff. July 1, 1995. &nbsp;</span></p> <p><span class="cls0">&sect;47-6-107.3. Licenses or permits for persons under 18 - Enrollment in school required - Reading proficiency testing.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety shall deny a license, restricted license, or instruction permit for the operation of a motor vehicle to any person under eighteen (18) years of age who does not, at the time of application, present documentation that such person:&nbsp;</span></p> <p class="cls2"><span class="cls0">1.&nbsp;&nbsp;a.&nbsp;&nbsp;is a student enrolled in a public or private secondary school, including any technology center school, of this state or any other state,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;has received a diploma or certificate of completion issued to the person from a secondary school of this state or any other state,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;is enrolled and making satisfactory progress in a program leading to a Certificate of High School Equivalency issued by the State Department of Education, or has obtained such certificate,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;is excused from such requirement pursuant to a lawful excuse as defined in subsection G of this section or due to circumstances beyond the control of the person, or&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;is excused from such requirement pursuant to subsection C of this section; and&nbsp;</span></p> <p><span class="cls0">2. Has successfully passed the criterion-referenced reading test required for all eighth grade students or an alternative reading proficiency test approved by the State Department of Education, pursuant to the provisions of Section 1210.515 of Title 70 of the Oklahoma Statutes, demonstrating reading proficiency at the eighth-grade reading level, unless such student is excused from such requirement pursuant to the provisions of Section 1210.515 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Provided, during the summer months when school is not in regular session, as established by the school district pursuant to Section 1-109 of Title 70 of the Oklahoma Statutes, a person under eighteen (18) years of age may satisfy the documentation requirement of this subsection by providing a notarized written statement from and signed by the legal custodial parent or legal guardian of the person to the Department of Public Safety stating that the person completed the immediately previous school year and is enrolled or intends to enroll for the immediately subsequent school year. &nbsp;</span></p> <p><span class="cls0">B. 1. A person under eighteen (18) years of age who is receiving education by other means, including education at home pursuant to Section 4 of Article XIII of the Oklahoma Constitution, shall satisfy the documentation requirement of paragraph 1 of subsection A of this section by providing a written statement from and signed by the legal custodial parent or legal guardian of the person to the Department of Public Safety stating that the person is receiving instruction by other means pursuant to Section 4 of Article XIII of the Oklahoma Constitution. &nbsp;</span></p> <p><span class="cls0">2. Any person who falsifies the information required in such documentation, upon conviction, shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">C. 1. A person under eighteen (18) years of age, who does not meet the requirements of subparagraphs a through c of paragraph 1 of subsection A of this section or the requirements of subsection B of this section, may retain or be issued a driver license if:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the person is employed at least twenty-four (24) hours per week, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the employer of the person verifies the employment on a form prescribed by the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">2. Any person who has retained or been issued a driver license pursuant to this subsection who leaves such employment shall have fifteen (15) days from the date of termination of employment to provide verification of employment from a new employer.&nbsp;</span></p> <p><span class="cls0">3. Any employer who falsifies a verification of employment shall be subject to an administrative fine of not more than Fifty Dollars ($50.00), to be assessed by the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">D. 1. School district attendance officers, upon request, shall provide a documentation of enrollment status form, established and approved by the Department of Public Safety, to any person under eighteen (18) years of age who is properly enrolled in a school for which the attendance officer is responsible, for presentation to the Department of Public Safety upon application for or reinstatement of an instruction permit, restricted license, or license to operate a motor vehicle.&nbsp;</span></p> <p><span class="cls0">2. Except as provided in subsection E of this section, whenever a person over fourteen (14) years of age and under eighteen (18) years of age, who has a driver license or permit issued by the Department of Public Safety, withdraws from school, the attendance officer shall notify the Department of Public Safety of such withdrawal through a documentation of enrollment status form.&nbsp;</span></p> <p><span class="cls0">3. Within fifteen (15) working days of the receipt of such notice, the Department of Public Safety shall provide written notice to the person, by first class, postage prepaid mail, that the license of the person will be canceled thirty (30) days following the date the notice to the person was sent, unless documentation of compliance with the provisions of this section is received by the Department of Public Safety before such time. After the thirty-day period, the Department of Public Safety shall cancel the driving privileges of the person.&nbsp;</span></p> <p><span class="cls0">E. When the withdrawal from school of a person under eighteen (18) years of age is:&nbsp;</span></p> <p><span class="cls0">1. Due to circumstances beyond the control of the person;&nbsp;</span></p> <p><span class="cls0">2. Pursuant to any lawful excuse; or&nbsp;</span></p> <p><span class="cls0">3. For the purpose of transfer to another school, including education at home pursuant to Section 4 of Article XIII of the Oklahoma Constitution, as confirmed in writing by the legal custodial parent or legal guardian of the person,&nbsp;</span></p> <p><span class="cls0">no notice as required by subsection D of this section shall be sent to the Department of Public Safety, or, if sent, such notice shall be disregarded by the Department of Public Safety. If the person is applying for a license, restricted license, or instruction permit, the attendance officer shall provide the person with documentation to present to the Department of Public Safety to excuse the person from the requirements of this section.&nbsp;</span></p> <p><span class="cls0">F. Every school district shall, upon request, provide documentation of reading proficiency for any person under eighteen (18) years of age enrolled in such school district by certifying passage of a reading examination pursuant to the provisions of Section 1210.515 of Title 70 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">G. As used in Sections 6-107.3 through 6-107.6 of this title:&nbsp;</span></p> <p><span class="cls0">1. "Withdrawal" means more than ten (10) consecutive days, or parts of days, of unexcused absences or fifteen (15) days, or parts of days, total unexcused absences during a single semester;&nbsp;</span></p> <p><span class="cls0">2. "Lawful excuse" means absence from school pursuant to any valid physical or mental illness or pursuant to any legal excuse as provided in Section 10-105 of Title 70 of the Oklahoma Statutes; provided, however, the meaning of such term shall not include marriage;&nbsp;</span></p> <p><span class="cls0">3. "Circumstances beyond the control of the person" shall not include marriage, suspension or expulsion from school, or imprisonment in a jail, penitentiary or other correctional institution;&nbsp;</span></p> <p><span class="cls0">4. "Documentation of enrollment status form" means the document established and approved by the Department of Public Safety to substantiate information concerning the eligibility of a person under eighteen (18) years of age to apply for or to retain a license or permit to drive. Such documentation shall not include any information which is considered an education record pursuant to the Family Education Rights and Privacy Act, 20 U.S.C., Sections 1232g through 1232i, unless compliance is made with the restrictions regarding disclosure of the information; and&nbsp;</span></p> <p><span class="cls0">5. "Documentation of reading proficiency" means information provided by a school authorized by subsection B of Section 1210.515 of Title 70 of the Oklahoma Statutes to certify the eligibility of a person under eighteen (18) years of age to apply for a license or permit based on passage of a reading proficiency test approved by the State Department of Education, or pursuant to the alternative documentation criteria provided in subsection C of Section 1210.515 of Title 70 of the Oklahoma Statutes. Such documentation shall not include any information which is considered an education record pursuant to the Family Education Rights and Privacy Act, 20 U.S.C., Sections 1232g through 1232i, unless compliance is made with the restrictions regarding disclosure of the information.&nbsp;</span></p> <p><span class="cls0">H. The provisions of this section shall be inapplicable with respect to any person under eighteen (18) years of age upon whom rights of majority have been conferred pursuant to Sections 91 through 94 of Title 10 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">I. The Department of Public Safety shall establish and approve documentation forms and certificates required by this section for use by school districts to comply with the provisions of this section. Upon establishment and approval of such forms and certificates, the Department of Public Safety shall notify each school district and the State Board of Education of the content thereof.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 247, &sect; 34, eff. July 1, 1996. Amended by Laws 1997, c. 64, &sect; 1, eff. Nov. 1, 1997; Laws 1997, c. 392, &sect; 3, eff. July 1, 1997; Laws 1998, c. 5, &sect; 14, emerg. eff. March 4, 1998; Laws 1998, c. 190, &sect; 1, eff. July 1, 1998; Laws 2001, c. 33, &sect; 37, eff. July 1, 2001; Laws 2006, c. 311, &sect; 12, emerg. eff. June 8, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1997, c. 322, &sect; 1 repealed by Laws 1998, c. 5, &sect; 29, emerg. eff. March 4, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-107.4. Licenses or permits for persons under 18 - Period of cancellation or denial under &sect; 6-107.3.&nbsp;</span></p> <p><span class="cls0">A. Whenever a license or instruction permit and driving privileges are denied pursuant to Section 6-107.3 of this title, the license or permit and the driving privilege shall remain denied until the person becomes eligible. After becoming eligible, the person may at any time apply for driving privileges by presenting sufficient documentation to the Department of Public Safety pursuant to Section 6-107.3 of this title and paying the fee required for issuance of the license or permit, as applicable.&nbsp;</span></p> <p><span class="cls0">B. Whenever a license or instruction permit and the driving privilege of a person are canceled pursuant to Section 6-107.3 of this title, the license or permit and the driving privilege shall remain canceled for a minimum period of sixty (60) days or until the person whose license or permit has been canceled or denied reaches eighteen (18) years of age, whichever period is the shortest; provided, after becoming eligible, the person may at any time apply for reinstatement of driving privileges by presenting sufficient documentation to the Department of Public Safety pursuant to Section 6-107.3 of this title and paying the fee required for replacement of the license or permit, if applicable. Upon reinstatement after cancellation, the Department shall remove the record of cancellation from the driving record of the person.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 247, &sect; 35, eff. July 1, 1996. Amended by Laws 1997, c. 392, &sect; 4, eff. July 1, 1997; Laws 1998, c. 190, &sect; 2, eff. July 1, 1998; Laws 1999, c. 119, &sect; 1, eff. Nov. 1, 1999; Laws 2006, c. 311, &sect; 13, emerg. eff. June 8, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-107.5. Licenses or permits for persons under 18 - Cancellation or denial under &sect; 6-107.3 - Hearings and appeals.&nbsp;</span></p> <p><span class="cls0">Any person aggrieved by a denial or cancellation of driving privileges pursuant to Section 6-107.3 of this title may submit, within thirty (30) days of the denial or of the receipt of notice of cancellation, a written request to the Department of Public Safety for a hearing before the Department. The hearing shall be held within ten (10) days of the receipt by the Department of the request, to determine whether the person is entitled to a license or is subject to cancellation of a license under the provisions of Sections 6-103, 6-107.3 through 6-107.6, and 6-105 of this title. Appeal from the decision of the Department may be taken to any court of competent jurisdiction as provided for in Section 6-211 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 247, &sect; 36, eff. July 1, 1996. Amended by Laws 2006, c. 311, &sect; 14, emerg. eff. June 8, 2006.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-107.6. Licenses or permits for persons under 18 - False information relating to school attendance or enrollment - Misdemeanor.&nbsp;</span></p> <p><span class="cls0">Any person who creates, writes, publishes, enters, or submits false information relating to the attendance, nonattendance, verification of attendance or enrollment of a person in a school or a program of education pursuant to Section 34 of this act, knowing that such information is false, or any person who knowingly aids or abets another in the creation or submission of such information, upon conviction, shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1996, c. 247, &sect; 37, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-107.7. Renumbered as &sect; 608 of Title 37 by Laws 2007, c. 62, &sect; 23, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-108. Repealed by Laws 2002, c. 397, &sect; 36, eff. Nov. 1, 2002.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-109. Repealed by Laws 2002, c. 397, &sect; 36, eff. Nov. 1, 2002.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-110. Examination of applicants.&nbsp;</span></p> <p><span class="cls0">A. 1. The Department of Public Safety shall examine every applicant for an original Class A, B, C or D license and for any endorsements thereon, except as otherwise provided in Section 6-101 et seq. of this title or as provided in paragraph 2 of this subsection or in subsection D of this section. The examination shall include a test of the applicant's:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;eyesight,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;ability to read and understand highway signs regulating, warning and directing traffic,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;knowledge of the traffic laws of this state, including a portion on bicycle and motorcycle safety, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;ability, by actual demonstration, to exercise ordinary and reasonable control in the operation of a motor vehicle. The actual demonstration shall be conducted in the type of motor vehicle for the class of driver license being applied for.&nbsp;</span></p> <p><span class="cls0">Any licensee seeking to apply for a driver license of another class which is not covered by the licensee's current driver license shall be considered an applicant for an original license for that class.&nbsp;</span></p> <p><span class="cls0">2. The Department of Public Safety shall have the authority to waive the requirement of any part of the examination required in paragraph 1 of this subsection for those applicants who surrender a valid unexpired driver license issued by any state or country for the same type or types of vehicles, provided that the applicant's driving record meets the standards set by the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">3. The Department shall accept skills test results from another state for Class A, B or C license applicants who have successfully completed commercial motor vehicle driver training in that state and successfully passed the skills test in that state; provided, the Department shall not accept skills test results from another state when the applicant has not successfully completed commercial motor vehicle driver training in that state. Nothing in this section shall be construed to prohibit the Department from administering the skills test to any applicant who has successfully completed commercial vehicle driver training in another state.&nbsp;</span></p> <p><span class="cls0">4. All applicants requiring a hazardous materials endorsement shall be required, for the renewal of the endorsement, to successfully complete the examination and to submit to a security threat assessment performed by the Transportation Security Administration of the Department of Homeland Security as required by and pursuant to 49 C.F.R., Part 1572, which shall be used to determine whether the applicant is eligible for renewal of the endorsement pursuant to federal law and regulation.&nbsp;</span></p> <p><span class="cls0">5. The Department of Public Safety shall give the complete examination as provided for in this section within thirty (30) days from the date the application is received, and the examination shall be given at a location within one hundred (100) miles of the residence of the applicant. The Department shall make every effort to make the examination locations and times convenient for applicants. The Department shall consider giving the examination at various school sites if the district board of education for the district in which the site is located agrees and if economically feasible and practicable.&nbsp;</span></p> <p><span class="cls0">B. Any person holding a valid Oklahoma Class D license and applying for a Class A, B or C commercial license shall be required to successfully complete all examinations as required for the specified class.&nbsp;</span></p> <p><span class="cls0">C. Except as provided in subsection E of Section 6-101 of this title, any person holding a valid Oklahoma Class A, B or C commercial license shall, upon time for renewal thereof, be entitled to a Class D license without any type of testing or examination, except for any endorsements thereon as otherwise provided for by Section 6-110.1 of this title.&nbsp;</span></p> <p><span class="cls0">D. 1. Any certified driver education instructor who is currently an operator or an employee of a commercial driver training school in this state or any driver education instructor employed by any school district in this state shall be eligible to apply to be a designated examiner of the Department of Public Safety for the purposes of administering the Class D driving skills portion of the Oklahoma driving examination to any person who has not previously been a student of the instructor.&nbsp;</span></p> <p><span class="cls0">2. The Department of Public Safety shall adopt a curriculum of required courses and training to be offered to applicants who are qualified to apply to be a designated examiner. The courses and training for certification shall meet the same standards as required for driver examiners of the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">3. Each person applying to be a designated examiner shall be required to pay an initial designated examiner certification fee of One Thousand Dollars ($1,000.00). Upon successful completion of training prescribed by paragraph 2 of this subsection, the person shall be required to pay an annual designated examiner certification fee of Five Hundred Dollars ($500.00). Each designated examiner certification shall expire on the last day of the calendar year and may be renewed upon application to the Department of Public Safety. The designated examiner certification fees collected by the Department pursuant to this subsection shall be deposited to the credit of the Department of Public Safety Restricted Revolving Fund to be used for the purposes of this subsection. No designated examiner certification fee shall be refunded in the event that certification is denied, suspended or revoked.&nbsp;</span></p> <p><span class="cls0">4. A designated examiner may charge a fee of no more than Twenty-five Dollars ($25.00) for each Class D driving skills examination given, whether the person being examined passes or fails the examination.&nbsp;</span></p> <p><span class="cls0">5. The Department shall conduct an annual complete nationwide criminal history background check on each designated examiner and a complete nationwide criminal history background check on each designated examiner applicant. The fees for the background check shall be borne by the designated examiner or designated examiner applicant.&nbsp;</span></p> <p><span class="cls0">6. The Department of Public Safety shall promulgate rules to implement and administer the provisions of this subsection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 344, &sect; 6-110, eff. Sept. 1, 1961. Amended by Laws 1978, c. 304, &sect; 6; Laws 1985, c. 45, &sect; 6, eff. Jan. 1, 1986; Laws 1990, c. 219, &sect; 16, eff. Jan 1, 1991; Laws 1992, c. 206, &sect; 1, eff. Sept. 1, 1992; Laws 1994, c. 196, &sect; 1, eff. Sept. 1, 1994; Laws 1995, c. 23, &sect; 9, eff. Nov. 1, 1995; Laws 1996, c. 203, &sect; 3, emerg. eff. May 21, 1996; Laws 1998, c. 425, &sect; 6, eff. July 1, 1998; Laws 1999, c. 229, &sect; 1, eff. Nov. 1, 1999; Laws 2002, c. 386, &sect; 1, eff. Nov. 1, 2002; Laws 2004, c. 149, &sect; 2, eff. Nov. 1, 2004; Laws 2004, c. 418, &sect; 9, eff. July 1, 2004; Laws 2005, c. 1, &sect; 46, emerg. eff. March 15, 2005; Laws 2005, c. 394, &sect; 2, emerg. eff. June 6, 2005; Laws 2009, c. 310, &sect; 2, eff. Nov. 1, 2009; Laws 2011, c. 25, &sect; 1, eff. Nov. 1, 2011; Laws 2012, c. 280, &sect; 3, eff. Nov. 1, 2012; Laws 2013, c. 259, &sect; 4, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2004, c. 390, &sect; 5 repealed by Laws 2005, c. 1, &sect; 47, emerg. eff. March 15, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-110.1. Endorsements.&nbsp;</span></p> <p><span class="cls0">A. The following endorsements shall be placed on an Oklahoma driver license to any person qualifying therefore as determined by the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;Endorsement&nbsp;&nbsp;Authorizes the operation of:&nbsp;</span></p> <p class="cls10"><span class="cls0">&nbsp;&nbsp;&ldquo;H&rdquo;&nbsp;&nbsp;&nbsp;&nbsp;A non-tank-type vehicle used to transport hazardous materials in placardable amounts pursuant to 49 C.F.R., Part 172, subpart F;&nbsp;</span></p> <p class="cls10"><span class="cls0">&nbsp;&nbsp;&ldquo;M&rdquo;&nbsp;&nbsp;&nbsp;&nbsp;A motorcycle;&nbsp;</span></p> <p class="cls10"><span class="cls0">&nbsp;&nbsp;&ldquo;N&rdquo;&nbsp;&nbsp;&nbsp;&nbsp;A tank vehicle as defined in Section 1-173.1 of this title;&nbsp;</span></p> <p class="cls10"><span class="cls0">&nbsp;&nbsp;&ldquo;P&rdquo;&nbsp;&nbsp;&nbsp;&nbsp;A vehicle designed by the manufacturer to transport sixteen or more passengers, including the driver;&nbsp;</span></p> <p class="cls10"><span class="cls0">&nbsp;&nbsp;&ldquo;S&rdquo;&nbsp;&nbsp;&nbsp;&nbsp;A school bus;&nbsp;</span></p> <p class="cls10"><span class="cls0">&nbsp;&nbsp;&ldquo;T&rdquo;&nbsp;&nbsp;&nbsp;&nbsp;A vehicle with double or triple trailers;&nbsp;</span></p> <p class="cls10"><span class="cls0">&nbsp;&nbsp;&ldquo;X&rdquo;&nbsp;&nbsp;&nbsp;&nbsp;A tank vehicle used to transport hazardous materials in placardable amounts pursuant to 49 C.F.R., Part 172, subpart F.&nbsp;</span></p> <p><span class="cls0">B. The Department may also provide for additional endorsements as may be needed or as otherwise provided for by law.&nbsp;</span></p> <p><span class="cls0">C. All endorsements as provided for in this section must be obtained prior to the operation of such vehicles. However, the requirement for a hazardous materials endorsement is not required for the operation of farm vehicles used to transport pesticides, fertilizers, or other products integral to farming, but which are defined as hazardous materials. If, after obtaining a hazardous material endorsement, a person becomes ineligible for the hazardous material endorsement pursuant to state or federal law, or both, or any regulation, the Department of Public Safety shall provide notice as provided in Section 2-116 of this title. A person will have thirty (30) days from the date of the notice to appear at a designated testing facility to apply and be issued a commercial driver license without the endorsement. Failure to comply within the required time shall be grounds for the Department of Public Safety to disqualify the commercial driver license of the person until compliance has been met.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 219, &sect; 17, eff. Jan. 1, 1991. Amended by Laws 1991, c. 162, &sect; 3, emerg. eff. May 7, 1991; Laws 2003, c. 392, &sect; 6, eff. July 1, 2003; Laws 2004, c. 149, &sect; 3, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-110.2. Computerized finger imaging system.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety shall implement a procedure for computerized finger imaging by means of an inkless finger image scanning device and shall require every applicant for an original, renewal or replacement driver license or identification card to submit to finger imaging for the purposes of proof of identity and to ensure the security of the driver license or identification card issued to the applicant. If the finger image of a person over sixty-five (65) cannot be scanned and the issuing agent can personally verify the individual's identity with alternative identification the finger imaging shall be overridden. Means must be provided to trace to the agent who authorized the override.&nbsp;</span></p> <p><span class="cls0">B. No unemancipated person under eighteen (18) years of age shall be issued a driver license or identification card by the Department unless an authorization form, prescribed and furnished by the Department, authorizing the finger imaging of the person and signed by the legal custodial parent, legal guardian, or legal custodian of the person, is in the possession of the Department.&nbsp;</span></p> <p><span class="cls0">C. No law enforcement agency of the state or federal government other than the Department of Public Safety shall have access to any information collected through the use of computerized finger imaging without first obtaining a court order from a judge of competent jurisdiction. Each application for an order authorizing the access to any information collected through the use of computerized finger imaging shall be made in writing upon oath or affirmation to a judge of competent jurisdiction. Each application shall establish probable cause for belief that a named individual is committing, has committed or is about to commit a particular violation of law.&nbsp;</span></p> <p><span class="cls0">D. The Commissioner of Public Safety shall adopt rules as may be necessary to carry out the provisions of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 361, &sect; 1, eff. July 1, 2001. Amended by Laws 2003, c. 219, &sect; 1, eff. July 1, 2004; Laws 2006, c. 311, &sect; 15, emerg. eff. June 8, 2006; Laws 2008, c. 159, &sect; 6, emerg. eff. May 12, 2008; Laws 2010, c. 272, &sect; 1, eff. Feb. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-110.3. Prohibition of implementation of federal REAL ID Act - Legislative findings - Retrieval and deletion of biometric data.&nbsp;</span></p> <p><span class="cls0">A. 1. The Legislature finds that the enactment into law by the United States Congress of the federal REAL ID Act of 2005, Public Law Number 109-13, is inimical to the security and well-being of the people of Oklahoma, will cause approximately Eight Million Dollars ($8,000,000.00) in added expense and inconvenience to our state, and was adopted by the United States Congress in violation of the principles of federalism contained in the Tenth Amendment to the United States Constitution.&nbsp;</span></p> <p><span class="cls0">2. The State of Oklahoma shall not participate in the implementation of the REAL ID Act of 2005. The Department of Public Safety is hereby directed not to implement the provisions of the REAL ID Act of 2005 and to report to the Governor and the Legislature any attempt by agencies or agents of the United States Department of Homeland Security to secure the implementation of the REAL ID Act of 2005 through the operations of that or any other state department.&nbsp;</span></p> <p><span class="cls0">B. No department or agency of the state charged with motor vehicle registration or operation, the issuance or renewal of driver licenses, or the issuance or renewal of any identification cards shall collect, obtain, or retain any data in connection with activities related to complying with the REAL ID Act of 2005.&nbsp;</span></p> <p><span class="cls0">C. Any biometric data previously collected, obtained, or retained in connection with motor vehicle registration or operation, the issuance or renewal of driver licenses, or the issuance or renewal of any identification cards by any department or agency of this state charged with those activities shall be retrieved and deleted from any and all databases. The provisions of this subsection shall not apply to any data collected, obtained or retained for a purpose other than complying with the REAL ID Act of 2005.&nbsp;</span></p> <p><span class="cls0">D. For purposes of this section, &ldquo;biometric data&rdquo; includes, but is not limited to:&nbsp;</span></p> <p><span class="cls0">1. Facial feature pattern characteristics;&nbsp;</span></p> <p><span class="cls0">2. Voice data used for comparing live speech with a previously created speech model of a person&rsquo;s voice;&nbsp;</span></p> <p><span class="cls0">3. Iris recognition data containing color or texture patterns or codes;&nbsp;</span></p> <p><span class="cls0">4. Retinal scans, reading through the pupil to measure blood vessels lining the retina;&nbsp;</span></p> <p><span class="cls0">5. Behavior characteristics of a handwritten signature, such as shape, speed, pressure, pen angle, or sequence;&nbsp;</span></p> <p><span class="cls0">6. Fingerprints, palm prints, and other methods for measuring or recording ridge pattern or fingertip characteristics;&nbsp;</span></p> <p><span class="cls0">7. Keystroke dynamics, measuring pressure applied to key pads;&nbsp;</span></p> <p><span class="cls0">8. Hand geometry, measuring hand characteristics, including the shape and length of fingers, in three (3) dimensions; and&nbsp;</span></p> <p><span class="cls0">9. Deoxyribonucleic acid (DNA) and/or ribonucleic acid (RNA).&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 159, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-111. Issuance of license or identification card - Temporary permit - Restricted commercial driver license - &ldquo;Sex Offender&rdquo; license or card &ndash; Original, renewal or replacement of modified driving privileges.&nbsp;</span></p> <p><span class="cls0">A. 1. The Department of Public Safety shall, upon payment of the required fee, issue to every applicant qualifying therefor a Class A, B, C or D driver license or identification card as applied for, which license or card shall bear thereon a distinguishing alphanumeric identification assigned to the licensee or cardholder, date of issuance and date of expiration of the license or card, the full name, signature or computerized signature, date of birth, residence address, sex, a color photograph or computerized image of the licensee or cardholder and security features as determined by the Department. The photograph or image shall depict a full front unobstructed view of the entire face of the licensee or cardholder; provided, a commercial learner permit shall not bear the photograph or image of the licensee. When any person is issued both a driver license and an identification card, the Department shall ensure the information on both the license and the card are the same, unless otherwise provided by law.&nbsp;</span></p> <p><span class="cls0">2. A driver license or identification card issued by the Department on or after March 1, 2004, shall bear thereon the county of residence of the licensee or cardholder.&nbsp;</span></p> <p><span class="cls0">3. The Department may cancel the distinguishing number, when that distinguishing number is another person's Social Security number, assign a new distinguishing alphanumeric identification, and issue a new license or identification card without charge to the licensee or cardholder.&nbsp;</span></p> <p><span class="cls0">4. The Department may promulgate rules for inclusion of the height and a brief description of the licensee or cardholder on the face of the card or license identifying the licensee or cardholder as deaf or hard-of-hearing.&nbsp;</span></p> <p><span class="cls0">5. It is unlawful for any person to apply, adhere, or otherwise attach to a driver license or identification card any decal, sticker, label, or other attachment. Any law enforcement officer is authorized to remove and dispose of any unlawful decal, sticker, label, or other attachment from the driver license of a person. The law enforcement officer, the employing agency of the officer, the Department of Public Safety, and the State of Oklahoma shall be immune from any liability for any loss suffered by the licensee, cardholder, or the owner of the decal, sticker, label, or other attachment caused by the removal and destruction of the decal, sticker, label, or other attachment.&nbsp;</span></p> <p><span class="cls0">6. The Department of Public Safety shall develop by rule an alternative procedure whereby a person applying for a renewal or replacement Class D license or identification card, when the person satisfactorily demonstrates to the Department the inability to appear personally to be photographed because the person is not in the state at the time of renewal or at a time a replacement is required by the person, may be issued a license or card; provided, immediately upon returning to Oklahoma, the person shall obtain a replacement license or card as provided in Section 6-114 of this title.&nbsp;</span></p> <p><span class="cls0">B. The Department may issue a temporary permit to an applicant for a driver license permitting such applicant to operate a motor vehicle while the Department is completing its investigation and determination of all facts relative to such applicant's privilege to receive a license. Such permit must be in the immediate possession of the driver while operating a motor vehicle, and it shall be invalid when the applicant's driver license has been issued or for good cause has been refused.&nbsp;</span></p> <p><span class="cls0">C. 1. The Department may issue a restricted commercial driver license to seasonal drivers eighteen (18) years of age or older for any of the following specific farm-related service industries:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;farm retail outlets and suppliers,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;agri-chemical businesses,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;custom harvesters, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;livestock feeders.&nbsp;</span></p> <p><span class="cls0">The applicant shall hold a valid Oklahoma driver license and shall meet all the requirements for a commercial driver license. The restricted commercial driver license shall not exceed a total of one hundred eighty (180) days within any twelve-month period.&nbsp;</span></p> <p><span class="cls0">2. The restricted commercial driver license shall not be valid for operators of commercial motor vehicles beyond one hundred fifty (150) miles from the place of business or the farm currently being served. Such license shall be limited to Class B vehicles. Holders of such licenses who transport hazardous materials which are required to be placarded shall be limited to the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;diesel fuel in quantities of one thousand (1,000) gallons or less,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;liquid fertilizers in vehicles with total capacities of three thousand (3,000) gallons or less, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;solid fertilizers that are not mixed with any organic substance.&nbsp;</span></p> <p><span class="cls0">No other placarded hazardous materials shall be transported by holders of such licenses.&nbsp;</span></p> <p><span class="cls0">D. 1. The Department shall develop a procedure whereby a person applying for an original, renewal or replacement Class A, B, C or D driver license or identification card who is required to register as a convicted sex offender with the Department of Corrections pursuant to the provisions of the Sex Offenders Registration Act and who the Department of Corrections designates as an aggravated or habitual offender pursuant to subsection J of Section 584 of Title 57 of the Oklahoma Statutes shall be issued a license or card bearing the words "Sex Offender".&nbsp;</span></p> <p><span class="cls0">2. The Department shall notify every person subject to registration under the provisions of Section 1-101 et seq. of this title who holds a current Class A, B, C or D driver license or identification card that such person is required to surrender the license or card to the Department within one hundred eighty (180) days from the date of the notice.&nbsp;</span></p> <p><span class="cls0">3. Upon surrendering the license or card for the reason set forth in this subsection, application may be made with the Department for a replacement license or card bearing the words "Sex Offender".&nbsp;</span></p> <p><span class="cls0">4. Failure to comply with the requirements set forth in such notice shall result in cancellation of the person's license or card. Such cancellation shall be in effect for one (1) year, after which time the person may make application with the Department for a new license or card bearing the words "Sex Offender". Continued use of a canceled license or card shall constitute a misdemeanor and shall, upon conviction thereof, be punishable by a fine of not less than Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars ($200.00). When an individual is no longer required to register as a convicted sex offender with the Department of Corrections pursuant to the provisions of the Sex Offenders Registration Act, the individual shall be eligible to receive a driver license or identification card which does not bear the words "Sex Offender".&nbsp;</span></p> <p><span class="cls0">E. Nothing in subsection D of this section shall be deemed to impose any liability upon or give rise to a cause of action against any employee, agent or official of the Department of Corrections for failing to designate a sex offender as an aggravated or habitual offender pursuant to subsection J of Section 584 of Title 57 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">F. The Department shall develop a procedure whereby a person subject to an order for the installation of an ignition interlock device shall be required by the Department to submit their driver license for a replacement. The replacement driver license shall bear the words "Interlock Required" and such designation shall remain on the driver license for the duration of the order requiring the ignition interlock device. The replacement license shall be subject to the same expiration and renewal procedures provided by law. Upon completion of the requirements for the interlock device, a person may apply for a replacement driver license.&nbsp;</span></p> <p><span class="cls0">G. The Department shall develop a procedure whereby a person applying for an original, renewal or replacement Class D driver license who has been granted modified driving privileges under this title shall be issued a Class D driver license which identifies the license as a modified license.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 345, &sect; 6-111, eff. Sept. 1, 1961. Amended by Laws 1975, c. 359, &sect; 2, eff. Jan. 1, 1977; Laws 1985, c. 45, &sect; 7, eff. Jan. 1, 1986; Laws 1990, c. 219, &sect; 18, eff. Jan. 1, 1991; Laws 1992, c. 217, &sect; 7, eff. July 1, 1992; Laws 1992, c. 373, &sect; 7, eff. July 1, 1992; Laws 1993, c. 97, &sect; 3, eff. Sept. 1, 1993; Laws 1997, c. 193, &sect; 3, eff. Nov. 1, 1997; Laws 1998, c. 246, &sect; 20, eff. Nov. 1, 1998; Laws 2000, c. 153, &sect; 1, eff. Nov. 1, 2000; Laws 2000, c. 342, &sect; 5, eff. July 1, 2000; Laws 2001, c. 27, &sect; 1, eff. Nov. 1, 2001; Laws 2003, c. 392, &sect; 7, eff. July 1, 2003; Laws 2004, c. 149, &sect; 4, eff. Nov. 1, 2004; Laws 2005, c. 1, &sect; 48, emerg. eff. March 15, 2005; Laws 2005, c. 36, &sect; 2, eff. Jan. 1, 2007; Laws 2006, c. 311, &sect; 16, emerg. eff. June 8, 2006; Laws 2007, c. 328, &sect; 2, eff. Nov. 1, 2007; Laws 2008, c. 3, &sect; 24, emerg. eff. Feb. 28, 2008; Laws 2009, c. 388, &sect; 2, eff. Nov. 1, 2009; Laws 2011, c. 373, &sect; 2, eff. Nov. 1, 2011; Laws 2013, c. 259, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1992, c. 177, &sect; 2 repealed by Laws 1992, c. 373, &sect; 22, eff. July 1, 1992. Laws 2003, c. 234, &sect; 3 repealed by Laws 2004, c. 5, &sect; 39, emerg. eff. March 1, 2004. Laws 2004, c. 5, &sect; 38 repealed by Laws 2005, c. 1, &sect; 49, emerg. eff. March 15, 2005. Laws 2007, c. 326, &sect; 7 repealed by Laws 2008, c. 3, &sect; 25, emerg. eff. Feb. 28, 2008. Laws 2008, c. 1, &sect; 1 repealed by Laws 2009, c. 2, &sect; 10, emerg. eff. March 12, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-112. License to be carried and exhibited on demand.&nbsp;</span></p> <p><span class="cls0">A. Every licensee shall have his or her driver license in his or her immediate possession at all times when operating a motor vehicle and shall display the same upon demand of a peace officer. Any person violating this subsection shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided for in Section 17-101 of this title.&nbsp;</span></p> <p><span class="cls0">B. Any person charged with violating this section who produces in court, on or before the court date, a driver license issued to him or her and valid at the time of his or her arrest shall be entitled to dismissal of such charge without payment of court costs and fine.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 345, &sect; 6-112, eff. Sept. 1, 1961. Amended by Laws 1990, c. 219, &sect; 19, eff. Jan. 1, 1991; Laws 2007, c. 326, &sect; 8, eff. Nov. 1, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;476113. Restricted licenses.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety upon issuing a driver's license shall have the authority whenever good cause appears to impose restrictions suitable to the licensee's driving ability with respect to the type of or special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the Department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee.&nbsp;</span></p> <p><span class="cls0">B. The Department may either issue a special restricted license or may set forth such restrictions upon the usual license form.&nbsp;</span></p> <p><span class="cls0">C. The Department may upon receiving satisfactory evidence of any violation of the restrictions of such license suspend or revoke the same but the licensee shall be entitled to a hearing as upon a suspension or revocation under this chapter.&nbsp;</span></p> <p><span class="cls0">D. It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1990, c. 219, &sect; 20, eff. Jan. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-114. Replacement license &ndash; Proof of identity - Removal of endorsements or restrictions.&nbsp;</span></p> <p><span class="cls0">A. 1. In the event that a driver license is lost, destroyed or requires the updating of any information, restriction or endorsement displayed thereon, the person to whom such license was issued may obtain a replacement thereof upon payment of the required fee and by furnishing both primary and secondary proofs of identity to the Department of Public Safety. If application is made at a motor license agency or subagency, the agent or subagent shall immediately verify the identity of the person, by means of both primary and secondary proofs of identity, and the eligibility of the person by contacting the Department for verification and approval. If the person is an alien, the person shall appear before a driver license examiner of the Department and, after furnishing primary and secondary proofs of identity as required in this section, shall be issued a replacement driver license for a period which does not exceed the lesser of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the expiration date of the license being replaced, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the expiration date on the valid documentation authorizing the presence of the person in the United States, as required by paragraph 9 of subsection A of Section 6-103 of this title.&nbsp;</span></p> <p><span class="cls0">2. The cost of a replacement license shall be Twenty Dollars ($20.00), of which Two Dollars ($2.00) shall be apportioned as provided in Section 1104 of this title, Three Dollars ($3.00) shall be remitted to the State Treasurer to be credited to the General Revenue Fund, and Five Dollars ($5.00) shall be credited to the Department of Public Safety Computer Imaging System Revolving Fund to be used solely for the purpose of administering and maintaining the computer imaging system of the Department, and Ten Dollars ($10.00) to the Revolving Fund of the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">3. The Department shall promulgate rules prescribing forms of primary and secondary identification acceptable for replacement of an Oklahoma driver license.&nbsp;</span></p> <p><span class="cls0">B. Any person desiring to add or remove an endorsement or endorsements or a restriction or restrictions to any existing driver license, when authorized by the Department of Public Safety, shall obtain a replacement license with said endorsement or endorsements or said restriction or restrictions change thereon and shall be charged the fee for a replacement license as provided in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 345, &sect; 6-114, eff. Sept. 1, 1961. Amended by Laws 1975, c. 359, &sect; 4, eff. Jan. 1, 1977; Laws 1976, c. 257, &sect; 1, eff. Jan. 1, 1977; Laws 1983, c. 286, &sect; 19, operative July 1, 1983; Laws 1985, c. 179, &sect; 61, operative July 1, 1985; Laws 1987, c. 205, &sect; 69, operative July 1, 1987; Laws 1990, c. 219, &sect; 21, eff. Jan. 1, 1991; Laws 1993, c. 97, &sect; 4, eff. Sept. 1, 1993; Laws 2000, c. 277, &sect; 6, eff. Nov. 1, 2000; Laws 2001, c. 361, &sect; 6, eff. July 1, 2001; Laws 2003, c. 392, &sect; 8, eff. July 1, 2003; Laws 2004, c. 390, &sect; 6, eff. July 1, 2004; Laws 2013, c. 259, &sect; 6, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-115. Expiration and renewal of driver licenses.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise provided in this section, every driver license shall be issued for a period of no more than four (4) years; provided, if the applicant or licensee is an alien, the license shall be issued for a period which does not exceed the lesser of:&nbsp;</span></p> <p><span class="cls0">1. Four (4) years; or&nbsp;</span></p> <p><span class="cls0">2. The expiration date on the valid documentation authorizing the presence of the applicant or licensee in the United States, as required by paragraph 9 of subsection A of Section 6-103 of this title.&nbsp;</span></p> <p><span class="cls0">B. Except as otherwise provided in this section, the expiration date of an initial license shall be no more than four (4) years from the last day of the month of issuance or no more than four (4) years from the last day of the birth month of the applicant immediately preceding the date of issuance, if requested by the applicant.&nbsp;</span></p> <p><span class="cls0">C. Except as otherwise provided in this section, the expiration date of a renewal license shall be:&nbsp;</span></p> <p><span class="cls0">1. For a renewal during the month of expiration, four (4) years from the last day of the month of expiration of the expiring license or four (4) years from the last day of the birth month of the licensee immediately preceding the expiration date of the expiring license, if requested by the licensee; or&nbsp;</span></p> <p><span class="cls0">2. For a renewal prior to the month of expiration, as provided by rule of the Department, four (4) years from the last day of the month of expiration of the current license; provided, no license shall be issued with an expiration date of more than five (5) years from the date of renewal.&nbsp;</span></p> <p><span class="cls0">D. Notwithstanding the provisions of subsection E of Section 1550.42 of Title 21 of the Oklahoma Statutes, any Oklahoma driver license that is not more than one (1) year past the date of expiration provided on the driver license shall be presumed to be a valid form of identification for the purposes of renewing an Oklahoma driver license.&nbsp;</span></p> <p><span class="cls0">E. Except as otherwise provided in this section, every driver license shall be renewable by the licensee upon application to either the Department of Public Safety or a motor license agent, furnishing both primary and secondary proofs of identity, the current mailing address of the person and payment of the required fee, if the person is otherwise eligible for renewal. If the licensee is an alien, the licensee shall appear before a driver license examiner of the Department and, after furnishing primary and secondary proofs of identity as required in this section, shall be issued a renewal driver license for a period which does not exceed the lesser of:&nbsp;</span></p> <p><span class="cls0">1. Four (4) years; or&nbsp;</span></p> <p><span class="cls0">2. The expiration date on the valid documentation authorizing the presence of the applicant or licensee in the United States, as required by paragraph 9 of subsection A of Section 6-103 of this title.&nbsp;</span></p> <p><span class="cls0">F. All applicants for renewals of driver licenses who have proven collision records or apparent physical defects may be required to take an examination as specified by the Commissioner of Public Safety.&nbsp;</span></p> <p><span class="cls0">G. When a person makes application for a driver license, or makes application to renew a driver license, and the person has been convicted of, or received a deferred judgment for, any offense required to register pursuant to the Sex Offenders Registration Act, the driver license shall be valid for a period of one (1) year from the month of issuance, but may be renewed yearly during the time the person is registered on the Sex Offender Registry. The cost for such license shall be the same as for other driver licenses and renewals.&nbsp;</span></p> <p><span class="cls0">H. The Department of Public Safety shall promulgate rules prescribing forms of primary and secondary identification acceptable for the renewal of an Oklahoma driver license.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 345, &sect; 6-115, eff. Sept. 1, 1961. Amended by Laws 1985, c. 45, &sect; 8, eff. Jan. 1, 1986; Laws 1985, c. 338, &sect; 4, eff. Jan. 1, 1986; Laws 1986, c. 73, &sect; 1, emerg. eff. April 2, 1986; Laws 1989, c. 82, &sect; 4, eff. Nov. 1, 1989; Laws 1990, c. 219, &sect; 22, eff. Jan. 1, 1991; Laws 1991, c. 342, &sect; 2, emerg. eff. June 15, 1991; Laws 2000, c. 342, &sect; 6, eff. July 1, 2000; Laws 2001, c. 27, &sect; 2, eff. Nov. 1, 2001; Laws 2001, c. 414, &sect; 4, eff. Nov. 1, 2001; Laws 2003, c. 392, &sect; 9, eff. July 1, 2003; Laws 2004, c. 5, &sect; 40, emerg. eff. March 1, 2004; Laws 2006, c. 294, &sect; 3, eff. July 1, 2006; Laws 2009, c. 37, &sect; 1, emerg. eff. May 26, 2009; Laws 2009, c. 81, &sect; 2, eff. Nov. 1, 2009; Laws 2013, c. 75, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 2000, c. 277, &sect; 7 repealed by Laws 2001, c. 5, &sect; 24, emerg. eff. March 21, 2001. Laws 2001, c. 5, &sect; 23 repealed by Laws 2001, c. 414, &sect; 16, eff. Nov. 1, 2001. Laws 2003, c. 108, &sect; 1 repealed by Laws 2004, c. 5, &sect; 41, emerg. eff. March 1, 2004.&nbsp;</span></p> <p><span class="cls0">NOTE: Original eff. date of Nov. 1, 2009, for Laws 2009, c. 37, &sect; 1 was repealed by Laws 2009, c. 310, &sect; 5 and replaced with emerg. eff. date by Laws 2009, c. 310, &sect; 8.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-115.1. Repealed by Laws 1989, c. 82, &sect; 5, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-115.2. Repealed by Laws 1989, c. 82, &sect; 5, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-116. Notice of change of address or name.&nbsp;</span></p> <p><span class="cls0">A. Whenever any person, after applying for or receiving a driver license or identification card, shall:&nbsp;</span></p> <p><span class="cls0">1. Change the mailing address named in such application;&nbsp;</span></p> <p><span class="cls0">2. Change the residence address displayed on the license or card issued to the person;&nbsp;</span></p> <p><span class="cls0">3. Move from the person&rsquo;s previous county; or&nbsp;</span></p> <p><span class="cls0">4. Change the name of a licensee by marriage or otherwise,&nbsp;</span></p> <p><span class="cls0">such person shall notify the Department of Public Safety as provided in subsection B of this section.&nbsp;</span></p> <p><span class="cls0">B. Within ten (10) days such person shall notify the Department of Public Safety in writing of the number of any driver license and identification card then held by the person and, as applicable:&nbsp;</span></p> <p><span class="cls0">1. Both the old and new mailing addresses;&nbsp;</span></p> <p><span class="cls0">2. Both the old and new residence addresses;&nbsp;</span></p> <p><span class="cls0">3. Both the old and new counties of residence; or &nbsp;</span></p> <p><span class="cls0">4. Both the former and new names.&nbsp;</span></p> <p><span class="cls0">C. The Department of Public Safety shall not:&nbsp;</span></p> <p><span class="cls0">1. Change a county of residence unless the person specifically notifies the Department of such change; and&nbsp;</span></p> <p><span class="cls0">2. Presume that a new mailing address which is a different county than the old mailing address means that the person has changed his or her county of residence, and shall not change the county of residence unless specifically notified of such change.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 345, &sect; 6-116, eff. Sept. 1, 1961. Amended by Laws 1990, c. 219, &sect; 23, eff. Jan. 1, 1991; Laws 2003, c. 234, &sect; 4, eff. Nov. 1, 2003; Laws 2007, c. 326, &sect; 9, eff. Nov. 1, 2007; Laws 2008, c. 1, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-117. Records to be kept by Department.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety shall file every application for a driver license or identification card received by the Department and shall maintain suitable indexes containing:&nbsp;</span></p> <p><span class="cls0">1. All applications denied and on each thereof note the reasons for the denial;&nbsp;</span></p> <p><span class="cls0">2. All applications granted;&nbsp;</span></p> <p><span class="cls0">3. The name of every person whose driving privilege has been suspended, revoked, cancelled, or disqualified by the Department and after each such name note the reasons for the action. Any notation of suspension of the driving privilege of a person for reason of nonpayment of a fine shall be removed from the driving record after the person has paid the fine and the driving privilege of the person is reinstated as provided for by law;&nbsp;</span></p> <p><span class="cls0">4. The county of residence, the name, date of birth, and mailing address of each person residing in that county who is eighteen (18) years of age or older, and who is the holder of a current driver license or a current identification card issued by the Department of Public Safety for the purpose of ascertaining names of all persons qualified for jury service as required by Section 18 of Title 38 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">5. The name, driver license number, and mailing address of every person for the purpose of giving notice, if necessary, as required by Section 2-116 of this title.&nbsp;</span></p> <p><span class="cls0">B. The Department shall file all collision reports and abstracts of court records of convictions received by it pursuant to the laws of this state and maintain convenient records of the records and reports or make suitable notations in order that an individual record of a person showing the convictions of the person and the traffic collisions in which the person has been involved shall be readily ascertainable and available for the consideration of the Department of Public Safety upon any application for a driver license or renewal of a driver license and at other suitable times. Any abstract, index or other entry relating to a driving record according to the licensing authority in another state or a province of Canada may be posted upon the driving record of any resident of this state when notice thereof is received by documentation or by electronic transmission. The individual record of a person shall not include any collision reports and abstracts of court records involving a collision in which the person was not issued a citation or if a citation is issued and the person was not convicted.&nbsp;</span></p> <p><span class="cls0">C. 1. The Commissioner and the officers of the Department as the Commissioner may designate are hereby authorized to prepare under the seal of the Department and deliver upon request a copy of any collision report on file with the Department, charging a fee of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;beginning on July 1, 2011, through June 30, 2013, Fifteen Dollars ($15.00), of which Eight Dollars ($8.00) shall be deposited by the Commissioner to the credit of the Department of Public Safety Revolving Fund and, in addition to other purposes authorized by law, the expenditures from that fund of monies derived from the Eight Dollars ($8.00) pursuant to this subparagraph shall be used to fund any Oklahoma Highway Patrol Trooper Academy provided by the Department. Any remaining funds shall be deposited in an account to be utilized exclusively for future expenses directly related to the operation of an Oklahoma Highway Patrol Academy, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;beginning on July 1, 2013, and any year thereafter, Seven Dollars ($7.00).&nbsp;</span></p> <p><span class="cls0">However, the Department shall not be required to furnish personal information from the collision report which is contrary to the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725.&nbsp;</span></p> <p><span class="cls0">2. Notwithstanding the provisions of paragraph 1 of this subsection, the Department is authorized to enter into contracts to supply information regarding vehicles reported to be involved in collisions. For each vehicle, the information shall be limited to that which only describes the vehicle and the collision. The Department shall not be required to provide any information regarding the owner or operator of the vehicle or any information which would conflict with Section 2-110 or Section 1109 of this title.&nbsp;</span></p> <p><span class="cls0">D. The Department of Public Safety or any motor license agent upon request shall prepare and furnish to any authorized person a Motor Vehicle Report of any person subject to the provisions of the motor vehicle laws of this state. However, the Department shall not be required to furnish personal information from a driving record contrary to the provisions of the Driver's Privacy Protection Act, 18 United States Code, Sections 2721 through 2725. The Motor Vehicle Report shall be a summary of the driving record of the person and shall include the enumeration of any motor vehicle collisions, reference to convictions for violations of motor vehicle laws, and any action taken against the privilege of the person to operate a motor vehicle, as shown by the files of the Department for the three (3) years preceding the date of the request. The Department shall not be required to release to any person, in whole or in part and in any format, a driving index, as described in subsection A of this section, except as otherwise provided for by law. For each Motor Vehicle Report furnished by the Department of Public Safety, the Department shall collect the sum of Twenty-five Dollars ($25.00), Twenty Dollars ($20.00) of which shall be deposited in the General Revenue Fund and Five Dollars ($5.00) shall be deposited in the Department of Public Safety Revolving Fund. For each Motor Vehicle Report furnished by a motor license agent, the agent shall collect the sum of Twenty-five Dollars ($25.00), Eighteen Dollars ($18.00) of which shall be paid to the Oklahoma Tax Commission for deposit in the General Revenue Fund in the State Treasury, Five Dollars ($5.00) shall be deposited in the Department of Public Safety Revolving Fund and Two Dollars ($2.00) of which shall be retained by the motor license agent. Persons sixty-five (65) years of age or older shall not be required to pay a fee for their own Motor Vehicle Report furnished by the Department or a motor license agent. For purposes of this subsection, a Motor Vehicle Report shall include a report which indicates that no driving record is on file with the Department of Public Safety for the information received by the Department in the request for the Motor Vehicle Report.&nbsp;</span></p> <p><span class="cls0">E. The Department of Public Safety may develop procedures whereby an employer of a person:&nbsp;</span></p> <p><span class="cls0">1. Who has a Class A, B or C driver license; and&nbsp;</span></p> <p><span class="cls0">2. Who operates a commercial motor vehicle in the course of his or her employment with the employer, may automatically be notified, pursuant to a fee schedule established by the Department, should the driving record of a person reflect a traffic conviction in any court or an administrative action by the Department which alters the status of the commercial driving privileges of the person. The notification system shall include electronic delivery of a Motor Vehicle Report at least annually for any employee who is a commercial driver licensee or who operates a commercial motor vehicle, as required by 49 C.F.R., Section 391.25. All monies received by the Commissioner of Public Safety and the officers and employees of the Department pursuant to this subsection shall be deposited in the Department of Public Safety Restricted Revolving Fund; provided, the fee received for electronic delivery of a Motor Vehicle Report shall be deposited as provided in subsection G of this section.&nbsp;</span></p> <p><span class="cls0">F. The Commissioner is authorized to establish a procedure for reviewing the driving records of state residents who are existing policyholders of any insurance company licensed to operate in this state during specified periods of time and producing a report which identifies the policyholders which have had violation and/or status changes to their driving records during such time period. The Department may sell such report to the insurance company or its agent at a fee to be set by the Department. Any such report sold by the Department shall only consist of information otherwise lawfully obtainable by the insurance company or its agent. The fee shall be sufficient to recover all costs incurred by the Department and insure that there will be no net revenue loss to the state. Such fee shall be deposited in the Department of Public Safety Revolving Fund.&nbsp;</span></p> <p><span class="cls0">G. All monies received by the Commissioner of Public Safety and the officers and employees of the Department shall be remitted to the State Treasurer to be credited to the General Revenue Fund in the State Treasury except as otherwise provided for by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 346, &sect; 6-117, eff. Sept. 1, 1961. Amended by Laws 1971, c. 101, &sect; 1, emerg. eff. April 24, 1971; Laws 1975, c. 231, &sect; 8, emerg. eff. May 30, 1975; Laws 1983, c. 286, &sect; 20, operative July 1, 1983; Laws 1986, c. 279, &sect; 13, operative July 1, 1986; Laws 1987, c. 5, &sect; 151, emerg. eff. March 11, 1987; Laws 1988, c. 27, &sect; 3, eff. Nov. 1, 1988; Laws 1988, c. 290, &sect; 14, operative July 1, 1988; Laws 1989, c. 349, &sect; 4, emerg. eff. June 3, 1989; Laws 1991, c. 342, &sect; 3, eff. July 1, 1992; Laws 1992, c. 61, &sect; 1, eff. Sept. 1, 1992; Laws 1993, c. 243, &sect; 53, eff. Sept. 1, 1993; Laws 1994, c. 218, &sect; 7, eff. July 1, 1994; Laws 1995, c. 208, &sect; 1, eff. July 1, 1995; Laws 1996, c. 184, &sect; 1, eff. Nov. 1, 1996; Laws 1997, c. 322, &sect; 2, emerg. eff. May 29, 1997; Laws 1999, c. 80, &sect; 2, eff. Nov. 1, 1999; Laws 2000, c. 342, &sect; 7, eff. July 1, 2000; Laws 2002, c. 397, &sect; 17, eff. Nov. 1, 2002; Laws 2003, c. 234, &sect; 5, eff. Nov. 1, 2003; Laws 2004, c. 5, &sect; 42, emerg. eff. March 1, 2004; Laws 2005, c. 199, c. &sect; 3, eff. Nov. 1, 2005; Laws 2006, c. 204, &sect; 6, eff. Nov. 1, 2006; Laws 2007, c. 39, &sect; 1, eff. Nov. 1, 2007; Laws 2007, c. 326, &sect; 10, eff. Nov. 1, 2007; Laws 2010, c. 426, &sect; 1, eff. July 1, 2010; Laws 2011, c. 227, &sect; 1; Laws 2012, c. 249, &sect; 1, eff. July 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1991, c. 309, &sect; 1 repealed by Laws 1992, c. 61, &sect; 2, eff. Sept. 1, 1992. Laws 2003, c. 233, &sect; 2 repealed by Laws 2004, c. 5, &sect; 43, emerg. eff. March 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-118. Driver's License Medical Advisory Committee.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created a Driver License Medical Advisory Committee whose membership shall be composed of two members appointed by the State Commissioner of Health, two members appointed by the Commissioner of Public Safety, one member appointed by the Governor, one member appointed by the President Pro Tempore of the Senate, and one member appointed by the Speaker of the House of Representatives. One member appointed by the State Commissioner of Health, one member appointed by the Commissioner of Public Safety and the member appointed by the Governor shall each serve two (2) years and one member appointed by the State Commissioner of Health, one member appointed by the Commissioner of Public Safety, the member appointed by the President Pro Tempore of the Senate and the member appointed by the Speaker of the House of Representatives shall each serve three (3) years. The terms of the seven (7) members of the committee shall expire on the first day of January of the year in which the term of each member expires. The personnel of the Board shall include, but not be limited to, an internist, vision specialist, orthopedic surgeon, neurologist, and psychiatrist. Members of the Committee shall serve in the interest of public health, safety and welfare, without compensation for their services. The Committee shall meet from time to time as its duties may require, or when called by the Commissioner of Public Safety. The Commissioner is authorized to use appropriated funds for meal expenses related to such meetings. The Committee may use additional medical doctors, psychologists or medical support specialists and delegate the authority to act and recommend action on behalf of the Committee when such delegation is approved by the Commissioner of Public Safety.&nbsp;</span></p> <p><span class="cls0">B. The Committee shall recommend standards for determining the physical, emotional and mental capacity of applicants for driver licenses and holders of driver licenses, and submit the recommended standards to the Commissioner of Public Safety for adoption. The Commissioner shall also solicit input on the recommended standards from select medical professional organizations including, but not limited to, the American Diabetes Association and the American Heart Association before adopting such standards. In cases of ailment or disability not specifically covered by the adopted standards, the Committee may consider each case or delegate consideration of the case to its selected representative and may consider the individual's own compensating abilities in making its recommendations to the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">C. The Commissioner of Public Safety shall give due consideration to the findings and recommendations of the Committee, which may be used, together with other available information, in determining the applicant's or licensee's ability to operate a motor vehicle with a reasonable degree of safety and in accordance with established standards of the Department of Public Safety. The Department may require physical, psychological, vision, written or driving tests when necessary to make a determination pursuant to this section. Such findings and recommendations shall be considered with other evidence in determining whether the license should be canceled or denied.&nbsp;</span></p> <p><span class="cls0">D. Any person whose driver license is canceled or who is denied a driver license under the provisions of this section shall have the right to an appeal as provided for in Section 6-211 of this title. The findings and recommendations of the Committee or its selected representative, in written or oral form shall be admissible as evidence and shall be considered by the court in determining whether the action of the Department was justified.&nbsp;</span></p> <p><span class="cls0">E. Members of the Driver License Medical Advisory Committee or its selected representative shall not be held liable for their requested standards, opinions and recommendations presented in good faith, for consideration by the Department of Public Safety or consideration by the court.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 351, &sect; 1, emerg. eff. May 18, 1967. Amended by Laws 1990, c. 222, &sect; 1, eff. Sept. 1, 1990; Laws 2003, c. 392, &sect; 10, eff. July 1, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-119. Physical or mental conditions hazardous to public safety - Physical and/or psychological examination - Renewal - Retesting.&nbsp;</span></p> <p><span class="cls0">A. When the Department of Public Safety has good cause to believe that a licensee or applicant for license to drive a motor vehicle may be afflicted with any physical or mental ailment or condition including diabetes which may cause loss of control or partial control or may otherwise be incapable of properly controlling a motor vehicle, or when a licensee's or applicant's accident or violation record indicates the licensee or applicant may be a hazard to public safety, the Department of Public Safety is hereby authorized to require the licensee or applicant to submit to a physical and/or psychological examination as prescribed by the Commissioner based upon recommendations of the State Driver's License Medical Advisory Committee or its selected representative, and/or complete a driver improvement school, and/or be examined again as provided by Section 6-110 of this title. All physical and/or mental examinations shall be conducted in the county of the residence of the applicant or licensee or in the nearest county to the applicant or licensee where the examination can be completed. Any driver improvement school or examination as provided by Section 6-110 of this title shall be completed in the same location as other applicants or licensees living in the same county as the applicant or licensee who is required to complete the school or examination. Unless the Department receives a verified written report as provided for in subsection B of this section specifying the need for an examination of the applicant or licensee, persons afflicted by diabetes shall not be required to submit to any additional requirements beyond those requirements for a person not affected by diabetes before receiving a license or a renewal of a license to operate a motor vehicle.&nbsp;</span></p> <p><span class="cls0">B. Every license issued to a person specified in subsection A of this section shall be renewable upon payment of the required fee; provided, the Department of Public Safety has not received a report from a law enforcement officer stating that the person is a hazard to the public safety and should be evaluated pursuant to the provisions of subsection A of this section or a verified medical report from a licensed physician stating that the person is incapable of properly controlling a motor vehicle. If any report indicates that the physical or mental ailment or condition has failed to remain stable or that the condition is progressive to a degree that the person is deemed to be a hazard to the public safety or is incapable of properly controlling a motor vehicle, the Department of Public Safety shall evaluate the person to determine if additional verified medical reports shall be required before issuing or renewing any drivers license or during the period a license is valid.&nbsp;</span></p> <p><span class="cls0">C. The Department may require any person specified in subsection A of this section to be retested any time prior to such person's application for renewal of a license if the Department receives a written report from any law enforcement officer, a verified report from a licensed physician, or a verified report from such other person authorized by the Department indicating the person's physical or mental ailment or condition has contributed to an accident or has deteriorated since issuance of the license to such a degree the person could lose control or partial control or may otherwise cause such person to be incapable of properly controlling a motor vehicle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 120, &sect; 1, eff. Jan. 1, 1969. Amended by Laws 1990, c. 219, &sect; 25, eff. June 1, 1990; Laws 1990, c. 337, &sect; 9; Laws 1994, c. 387, &sect; 3, eff. July 1, 1995.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1990, c. 222, &sect; 2 repealed by Laws 1990, c. 337, &sect; 26.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-119A. Bioptic driving - Restricted license.&nbsp;</span></p> <p><span class="cls0">A. Within six (6) months of the effective date of this act, the Commissioner of Public Safety, shall, in conjunction with the Driver License Medical Advisory Committee, promulgate rules that shall provide for a restricted driver license for bioptic driving in this state.&nbsp;</span></p> <p><span class="cls0">B. As used in this section, "bioptic driving" shall mean a method of driving that utilizes both the person's general vision in combination with intermittent spotting through a small telescopic system that improves the sharpness of the person's far vision.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 98, &sect; 2, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;476120. Cancellation, denial, or disqualification.&nbsp;</span></p> <p><span class="cls0">A. The Department is hereby authorized to cancel, deny, or disqualify the driver license, driving privilege or application of any individual who:&nbsp;</span></p> <p><span class="cls0">1. Fails to comply with any of the requirements of Section 6119 of this title within thirty (30) days after being notified by the Department;&nbsp;</span></p> <p><span class="cls0">2. Is unable to demonstrate the ability to operate a motor vehicle as provided by this title or whose driving constitutes a danger to the welfare and safety of persons using the streets and highways of the State of Oklahoma; or&nbsp;</span></p> <p><span class="cls0">3. Fails to pass an examination pursuant to Sections 6110, 6115 or 6119 of this title.&nbsp;</span></p> <p><span class="cls0">B. If a person is required to be examined pursuant to Sections 6110, 6115 or 6119 of this title, the Department shall impose the appropriate restriction or restrictions on the license that are necessary to ensure the safe operation of a motor vehicle as provided under Section 6113 of this title.&nbsp;</span></p> <p><span class="cls0">C. Any person whose driver license or driving privilege is canceled, denied, or disqualified under the provisions of this section shall have the right to an appeal as provided in Section 6211 of this title.&nbsp;</span></p> <p><span class="cls0">D. Any person whose Class A, B, or C driver license or driving privilege is disqualified under the provisions of this section shall relinquish to the Department the Class A, B, or C driver license and may replace it with a Class D driver license, if the person is otherwise qualified for a Class D driver license.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1968, c. 120, &sect; 2, eff. Jan. 1, 1969. Amended by Laws 1969, c. 88, &sect; 2, emerg. eff. March 24, 1969; Laws 1990, c. 219, &sect; 26, eff. June 1, 1990; Laws 2000, c. 124, &sect; 1, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-121. Extension of driver license during service in Armed Forces or while employed as civilian contractor with Armed Forces.&nbsp;</span></p> <p><span class="cls0">Any person or the spouse or dependent of a person:&nbsp;</span></p> <p><span class="cls0">1. Who is on active duty with the Armed Forces of the United States; or&nbsp;</span></p> <p><span class="cls0">2. Who is currently employed as a civilian contractor with the Armed Forces of the United States,&nbsp;</span></p> <p><span class="cls0">living outside of Oklahoma and having a valid driver license issued by the State of Oklahoma for the operation of motor vehicles upon the highways of this state shall not be considered to have an expired driver license for the duration of such service or employment and for a period of sixty (60) days from and after the return of the person or the spouse or dependent of the person to Oklahoma from such service or employment. This law shall not be construed to confer driving privileges in any jurisdiction other than Oklahoma.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1969, c. 253, &sect; 1, emerg. eff. April 24, 1969. Amended by Laws 1990, c. 219, &sect; 27, eff. Jan. 1, 1991; Laws 1998, c. 84, &sect; 1, eff. Nov. 1, 1998; Laws 2004, c. 418, &sect; 10, eff. July 1, 2004; Laws 2009, c. 81, &sect; 3, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-122. Renewal by mail.&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety shall develop procedures whereby driver licenses issued under the provisions of Section 6-101 et seq. of this title may be renewed by the applicant by mail except for licenses to be renewed by aliens as prescribed by subsection E of Section 6-115 of this title. Any license issued pursuant to this section shall be valid for a period as prescribed in Section 6-115 of this title. The Department shall not renew a license by mail unless the immediately preceding issuance or renewal was done in person by the applicant.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1975, c. 359, &sect; 3, eff. Jan. 1, 1977. Amended by Laws 1992, c. 217, &sect; 8, eff. July 1, 1992; Laws 2003, c. 392, &sect; 11, eff. July 1, 2003; Laws 2012, c. 280, &sect; 4, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-123. Repealed by Laws 1983, c. 173, &sect; 4, eff. Jan. 1, 1984.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-124. Issuance of license or identification card - Veteran designation.&nbsp;</span></p> <p><span class="cls0">As a way to honor and recognize the veterans who have served our country, the Department of Public Safety shall make space available in the upper left hand corner of the front of the driver license and the identification card for a flag emblem and the word "veteran" to be designed by the Department that will serve as a notation of veteran status. Upon application for issuance or renewal of the driver license or identification card and in addition to other documentation required by the Department, persons requesting the flag emblem shall show proof of present or past military service by presenting:&nbsp;</span></p> <p><span class="cls0">1. A valid Uniformed Services Identity Card;&nbsp;</span></p> <p><span class="cls0">2. A United States Department of Defense Form (DD)214, (DD)215 or a World War II discharge document WD AGO Form or NavPers Form that shows a discharge status of "honorable" or "general under honorable conditions";&nbsp;</span></p> <p><span class="cls0">3. An Oklahoma Army or Air National Guard NGB Form 22; or&nbsp;</span></p> <p><span class="cls0">4. A United States Department of Veterans Affairs photo identification card.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 330, &sect; 1, eff. Nov. 1, 2012. Amended by Laws 2013, c. 39, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-201. Authority to cancel or deny driving privilege &ndash; Appeal &ndash; Release for driving privilege reinstatement.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety is hereby authorized to cancel or deny any person&rsquo;s driving privilege upon determining that the person:&nbsp;</span></p> <p><span class="cls0">1. Is not entitled to a driver license or identification card issued to the person; or&nbsp;</span></p> <p><span class="cls0">2. Failed to give the required or correct information in the application.&nbsp;</span></p> <p><span class="cls0">Upon such cancellation or denial, the person to whom the license or card was issued shall surrender the license or card so canceled to the Department. The person may apply for a valid driver license or identification card, if the person is otherwise eligible. Any person whose driving privilege is canceled or denied under the provisions of this subsection shall have the right to an appeal as provided in Section 6-211 of this title.&nbsp;</span></p> <p><span class="cls0">B. Upon determination by the Department that any person:&nbsp;</span></p> <p><span class="cls0">1. Used fraudulent information to apply for or obtain a driver license or identification card;&nbsp;</span></p> <p><span class="cls0">2. Committed or aided another person in the commission of any act provided in subparagraph b, c, e, g, or h of paragraph 1 of Section 6-301 of this title; or&nbsp;</span></p> <p><span class="cls0">3. Committed or aided another person in the commission of any act provided in subparagraph a, b, c, d, e, or f of paragraph 2 of Section 6-301 of this title, &nbsp;</span></p> <p><span class="cls0">the Department shall revoke the person&rsquo;s driving privilege for a period of sixty (60) days for a first determination. For a second or subsequent determination by the Department under paragraph 1, 2 or 3 of this subsection, the person&rsquo;s driving privilege shall be revoked for a period of six (6) months. Such periods shall not be subject to modification. Upon such revocation, the person to whom the license or card was issued shall surrender the license or card to the Department. The person may apply for a valid identification card, if the person is otherwise eligible.&nbsp;</span></p> <p><span class="cls0">C. A determination, as provided for in subsection B of this section, shall include:&nbsp;</span></p> <p><span class="cls0">1. A conviction in any court, when the conviction becomes final; or&nbsp;</span></p> <p><span class="cls0">2. The findings of an investigation by the Identity Verification Unit, the Oklahoma Highway Patrol Division, or a designee of the Commissioner of Public Safety.&nbsp;</span></p> <p><span class="cls0">D. Any person whose driving privilege is revoked under the provisions of subsection B of this section may be required to obtain a release from the Identity Verification Unit of the Department, the Oklahoma Highway Patrol Division, or a designee of the Commissioner of Public Safety before being considered for reinstatement of driving privileges.&nbsp;</span></p> <p><span class="cls0">E. Any person whose driving privilege is revoked under the provisions of subsection B of this section shall have the right to an appeal as provided in Section 6-211 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 347, &sect; 6-201, eff. Sept. 1, 1961. Amended by Laws 1990, c. 219, &sect; 28, eff. Jan. 1, 1991; Laws 1991, c. 309, &sect; 2, eff. July 1, 1991; Laws 1999, c. 139, &sect; 2, eff. Nov. 1, 1999; Laws 2000, c. 277, &sect; 8, eff. Nov. 1, 2000; Laws 2001, c. 216, &sect; 1, eff. Nov. 1, 2001; Laws 2002, c. 397, &sect; 18, eff. Nov. 1, 2002; Laws 2003, c. 392, &sect; 12, eff. July 1, 2003; Laws 2004, c. 149, &sect; 5, eff. Nov. 1, 2004; Laws 2011, c. 104, &sect; 4, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-201.1. Revocation of driving privilege for noncompliance with child support order - Notice - Release.&nbsp;</span></p> <p><span class="cls0">A. In addition to other qualifications and conditions established by law, the driving privilege of an individual is subject to the requirements of this section.&nbsp;</span></p> <p><span class="cls0">B. Upon receipt of an order from a court or from the Department of Human Services, Office of Administrative Hearings: Child Support, hereinafter referred to as &ldquo;OAH&rdquo;, that a person obligated to pay child support who owns or operates a motor vehicle is not in compliance with an order for support, the Commissioner of Public Safety shall revoke the person&rsquo;s driving privilege.&nbsp;</span></p> <p><span class="cls0">C. 1. Whenever a court or the OAH finds that a person is not in compliance with an order of child support, the court or the OAH, as applicable, shall require the person to surrender to it the driver license held by the person and shall forward to the Department of Public Safety an order to revoke the driving privilege of the person, together with any driver license surrendered to the court or OAH. The Department of Public Safety shall prescribe, prepare and distribute a Notification of Revocation form to be used by the courts and the OAH when an order has been entered revoking a person&rsquo;s driving privileges for noncompliance with an order for support.&nbsp;</span></p> <p><span class="cls0">2. In addition to the Department of Public Safety, the court or the OAH, as applicable, shall send a copy of the Notification of Revocation to the person obligated to pay child support by first class, postage prepaid mail. The Notification shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;include the name, address, date of birth, physical description and, if known, the driver license number of the person,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;require the Department to revoke the driving privilege of the person required to pay child support,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;require the Department to not reinstate the person&rsquo;s driving privilege until:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the court or the OAH issues a release that states such person is in compliance with the order of support or until a court or the OAH otherwise authorizes reinstatement of the person&rsquo;s driving privilege, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the person has paid to the Department the fees required by Section 6-212 of this title and has met all other statutory requirements for reinstatement of the person&rsquo;s driving privilege;&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;specify the reason and statutory ground for the revocation and the effective date of the revocation;&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;inform the person that in order to apply for reinstatement of the person&rsquo;s driving privilege, the person must obtain a release from the OAH or the court, as applicable; and&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;inform the person that final orders of the OAH may be appealed to the district court pursuant to Section 240.3 of Title 56 of the Oklahoma Statutes and final orders of the district court may be appealed to the Supreme Court of Oklahoma pursuant to Section 990A of Title 12 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">D. Upon receipt of the Notification of Revocation from a court or the OAH, as applicable, that a person obligated to pay child support is not in compliance with an order of support, the Department shall, in addition to any other authority to withdraw driving privileges, revoke the driving privilege of the person named in the Notification without hearing.&nbsp;</span></p> <p><span class="cls0">E. 1. The court or the OAH shall furnish a release to the Department whenever a person, whose driving privilege has been revoked pursuant to this section, has established and is complying with a payment plan, as determined by the court or the OAH. Upon receipt of such release, the Department shall reinstate the driving privileges of the person, if the person is otherwise eligible, pursuant to Section 6-212 of this title;&nbsp;</span></p> <p><span class="cls0">2. Should the person default on the payment plan, the court or OAH may resubmit the notice of noncompliance as provided for in this section. The court or the OAH shall furnish a release to the Department whenever the person is once again complying with the payment plan, as determined by the court or the OAH. Upon receipt of such release, the Department shall reinstate the driving privileges of the person, if the person is otherwise eligible, pursuant to Section 6-212 of this title; and&nbsp;</span></p> <p><span class="cls0">3. A person whose driving privilege has been revoked for noncompliance due to defaulting on a payment plan, pursuant to paragraph 2 of this subsection, shall be required to meet all statutory requirements for reinstatement of driving privileges, including, but not limited to, the payment of processing and reinstatement fees, as provided for in Section 6-212 of this title.&nbsp;</span></p> <p><span class="cls0">F. If the court or the OAH, as applicable, is unable to secure the surrender to it of the driver license held by the person found to be in noncompliance with an order of support, the Department, upon revoking the driving privilege of the person, shall require that the driver license held by the person be surrendered to the Department. Upon reinstatement of the person&rsquo;s driving privileges, as provided for by law, the person&rsquo;s valid and lawful driver license shall be returned to the person by the Department if the person is otherwise eligible.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1995, c. 354, &sect; 11, eff. Nov. 1, 1995. Amended by Laws 1999, c. 229, &sect; 2, eff. Nov. 1, 1999; Laws 2003, c. 392, &sect; 13, eff. July 1, 2003; Laws 2004, c. 124, &sect; 2, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;476202. Suspending privileges of nonresidents and reporting convictions.&nbsp;</span></p> <p><span class="cls0">A. The privilege of driving a motor vehicle on the highways of this state given to a nonresident hereunder shall be subject to suspension or revocation by the Department in like manner and for like cause as any Oklahoma driver's license issued hereunder may be suspended or revoked. Any person who does not possess a valid driver's license in this state or any foreign state may have his or her privilege to operate a motor vehicle in this state suspended or revoked in like manner and for like cause as a driver's license issued hereunder may be suspended or revoked.&nbsp;</span></p> <p><span class="cls0">Persons whose driving privileges have been suspended because of failure to furnish proof of insurance shall be required to furnish proof of financial responsibility as required by the provisions of the Financial Responsibility Act.&nbsp;</span></p> <p><span class="cls0">B. The Department of Public Safety is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of such record to the motor vehicle administrator in the state wherein the person so convicted is a resident.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1990, c. 219, &sect; 29, eff. Jan. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-202.1. Diplomatic immunity &ndash; Verification &ndash; Records to be submitted to United States Department of State &ndash; Severability.&nbsp;</span></p> <p><span class="cls0">A. If any vehicle operator who displays to a law enforcement officer a driver license issued by the United States Department of State or who otherwise claims immunities or privileges under Title 22, Chapter 6 of the United States Code with respect to the violation of Article 27, Section 388, 388a, or 388b of the Code by the individual, or a moving violation under the vehicle laws or regulations of this state or any local authority, when the operator is stopped by a law enforcement officer who has probable cause to believe that the operator has committed a violation, the officer shall:&nbsp;</span></p> <p><span class="cls0">1. As soon as practicable contact the United States Department of State office in order to verify the status and immunity of the driver, if any;&nbsp;</span></p> <p><span class="cls0">2. Record all relevant information from any driver license or identification card, including a driver license or identification card issued by the United States Department of State; and&nbsp;</span></p> <p><span class="cls0">3. Within five (5) working days after the date of the stop, forward the following to the Department of Public Safety:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a vehicle collision report, if the driver was involved in a vehicle collision,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;if a citation was issued to the driver, a copy of the citation, and,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;if a citation was not issued to the driver, a written report of the incident.&nbsp;</span></p> <p><span class="cls0">B. The Department of Public Safety shall:&nbsp;</span></p> <p><span class="cls0">1. File and keep convenient records of each document and record described in paragraph 3 of subsection A of this section; and&nbsp;</span></p> <p><span class="cls0">2. Send a copy of each document and record described in paragraph 3 of subsection A of this section to the Bureau of Diplomatic Security, Office of Foreign Missions, United States Department of State.&nbsp;</span></p> <p><span class="cls0">C. The provisions of this section do not prohibit or limit the application of any law regarding a criminal or motor vehicle violation by any person who has or claims immunities or privileges under Title 22, Chapter 6 of the United States Code.&nbsp;</span></p> <p><span class="cls0">D. If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 27, &sect; 3, eff. Nov. 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6203. Suspension of resident's license or driving privilege upon conviction in another state.&nbsp;</span></p> <p><span class="cls0">The Department shall suspend or revoke the license or driving privilege of any resident of this state or the privilege of a nonresident to drive a motor vehicle in this state upon receiving notice of the conviction of such person in another state of offenses therein which, if committed in this state, would be grounds for the suspension or revocation of the individual's driving privilege. An appeal may be had from such order of suspension, as provided in Section 6211 of this title.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1990, c. 219, &sect; 30, eff. Jan. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-204. Order by court to surrender license to Department - Report of conviction.&nbsp;</span></p> <p><span class="cls0">A. Whenever any person is convicted of any offense for which this title makes mandatory the revocation of the driving privilege of such person by the Department as provided in Section 6-205 of this title, the court in which such conviction occurred may require the surrender to it of all driver licenses then held by the person so convicted and the court shall thereupon forward the same together with a record of such conviction to the Department.&nbsp;</span></p> <p><span class="cls0">B. Every court, including courts not of record, having jurisdiction over offenses committed under this act, or any other law of this state or municipal ordinance regulating the operation of motor vehicles on highways, shall forward to the Department a record of the conviction of any person in such court for a violation of any such laws other than regulations governing standing or parking, and may recommend the suspension of the driving privileges of the person so convicted.&nbsp;</span></p> <p><span class="cls0">C. For the purposes of Section 6-101 et seq. of this title, the term "conviction" shall mean a final conviction or shall mean a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 347, &sect; 6-204, eff. Sept. 1, 1961. Amended by Laws 1990, c. 219, &sect; 31, eff. Jan. 1, 1991; Laws 1992, c. 217, &sect; 9, eff. July 1, 1992; Laws 1997, c. 193, &sect; 1, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-205. Mandatory revocation of driving privilege.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety shall immediately revoke the driving privilege of any person, whether adult or juvenile, upon receiving a record of conviction in any municipal, state or federal court within the United States of any of the following offenses, when such conviction has become final:&nbsp;</span></p> <p><span class="cls0">1. Manslaughter or negligent homicide resulting from the operation of a motor vehicle;&nbsp;</span></p> <p><span class="cls0">2. Driving or being in actual physical control of a motor vehicle while under the influence of alcohol, any other intoxicating substance, or the combined influence of alcohol and any other intoxicating substance, any violation of paragraph 1, 2, 3 or 4 of subsection A of Section 11-902 of this title or any violation of Section 11-906.4 of this title. However, the Department shall not additionally revoke the driving privileges of the person pursuant to this subsection if the driving privilege of the person has been revoked because of a test result or test refusal pursuant to Section 753 or 754 of this title arising from the same circumstances which resulted in the conviction unless the revocation because of a test result or test refusal is set aside;&nbsp;</span></p> <p><span class="cls0">3. Any felony during the commission of which a motor vehicle is used;&nbsp;</span></p> <p><span class="cls0">4. Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;&nbsp;</span></p> <p><span class="cls0">5. Perjury or the making of a false affidavit or statement under oath to the Department under the Uniform Vehicle Code or under any other law relating to the ownership or operation of motor vehicles;&nbsp;</span></p> <p><span class="cls0">6. A misdemeanor or felony conviction for unlawfully possessing, distributing, dispensing, manufacturing, trafficking, cultivating, selling, transferring, attempting or conspiring to possess, distribute, dispense, manufacture, traffic, sell, or transfer of a controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act while using a motor vehicle;&nbsp;</span></p> <p><span class="cls0">7. Failure to pay for gasoline pumped into a vehicle pursuant to Section 1740 of Title 21 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">8. A misdemeanor conviction for a violation of Section 1465 of Title 21 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">9. A misdemeanor conviction for a violation of Section 609 of Title 37 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">10. Failure to obey a traffic control device as provided in Section 11-202 of this title or a stop sign when such failure results in great bodily injury to any other person; or&nbsp;</span></p> <p><span class="cls0">11. Failure to stop or to remain stopped for school bus loading or unloading of children pursuant to Section 11-705 or 11-705.1 of this title.&nbsp;</span></p> <p><span class="cls0">B. The first license revocation under any provision of this section, except for paragraph 2, 6, 7 or 11 of subsection A of this section, shall be for a period of one (1) year. Such period shall not be modified.&nbsp;</span></p> <p><span class="cls0">C. A license revocation under any provision of this section, except for paragraph 2, 6, or 7 of subsection A of this section, shall be for a period of three (3) years if a prior revocation under this section, except under paragraph 2 of subsection A of this section, commenced within the preceding five-year period as shown by the records of the Department. Such period shall not be modified.&nbsp;</span></p> <p><span class="cls0">D. The period of license revocation under paragraph 2 or 6 of subsection A of this section shall be governed by the provisions of Section 6-205.1 of this title.&nbsp;</span></p> <p><span class="cls0">E. The first license revocation under paragraph 7 of subsection A of this section shall be for a period of six (6) months. A second or subsequent license revocation under paragraph 7 of subsection A of this section shall be for a period of one (1) year. Such periods shall not be modified.&nbsp;</span></p> <p><span class="cls0">F. The first license revocation under paragraph 11 of subsection A of this section shall be for a period of one (1) year. Such period may be modified. Any appeal of the revocation of driving privilege under paragraph 11 of subsection A of this section shall be governed by Section 6-211 of this title, provided any modification under this subsection shall apply to Class D motor vehicles only.&nbsp;</span></p> <p><span class="cls0">G. As used in this section, "great bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 348, &sect; 6-205, eff. Sept. 1, 1961. Amended by Laws 1982, c. 273, &sect; 1, operative Oct. 1, 1982; Laws 1982, c. 294, &sect; 1, operative July 1, 1982; Laws 1988, c. 242, &sect; 1, eff. Nov. 1, 1988; Laws 1990, c. 219, &sect; 32, eff. Jan. 1, 1991; Laws 1990, c. 286, &sect; 1, eff. Sept. 1, 1990; Laws 1991, c. 309, &sect; 3, eff. July 1, 1991; Laws 1992, c. 217, &sect; 10, eff. July 1, 1992; Laws 1993, c. 238, &sect; 2, emerg. eff. May 26, 1993; Laws 1994, c. 387, &sect; 4, eff. July 1, 1995; Laws 1995, c. 1, &sect; 16, emerg. eff. March 2, 1995; Laws 1995, c. 313, &sect; 1, eff. July 1, 1995; Laws 1996, c. 309, &sect; 5, eff. Nov. 1, 1996; Laws 1997, c. 148, &sect; 3, eff. Nov. 1, 1997; Laws 1998, c. 293, &sect; 1, eff. July 1, 1998; Laws 2000, 1st Ex.Sess., c. 8, &sect; 17, eff. July 1, 2000; Laws 2003, c. 392, &sect; 14, eff. July 1, 2003; Laws 2004, c. 149, &sect; 6, eff. Nov. 1, 2004; Laws 2005, c. 1, &sect; 50, emerg. eff. March 15, 2005; Laws 2006, c. 311, &sect; 17, emerg. eff. June 8, 2006; Laws 2010, c. 233, &sect; 1, eff. Nov. 1, 2010; Laws 2010, c. 333, &sect; 2, eff. Nov. 1, 2010; Laws 2011, c. 299, &sect; 2, eff. Nov. 1, 2011; Laws 2013, c. 279, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1994, c. 243, &sect; 3 repealed by Laws 1995, c. 1, &sect; 40, emerg. eff. March 2, 1995. Laws 2004, c. 49, &sect; 2 repealed by Laws 2005, c. 1, &sect; 51, emerg. eff. March 15, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-205.1. Periods of revocation - Denial of driving privileges.&nbsp;</span></p> <p><span class="cls0">A. The driving privilege of a person who is convicted of any offense as provided in paragraph 2 of subsection A of Section 6-205 of this title, or a person who has refused to submit to a test or tests as provided in Section 753 of this title, or a person whose alcohol concentration is subject to the provisions of Section 754 of this title, shall be revoked or denied by the Department of Public Safety for the following period, as applicable:&nbsp;</span></p> <p><span class="cls0">1. The first license revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title or to Section 753 or 754 of this title shall be for one hundred eighty (180) days, which may be modified; provided, any modification under this paragraph shall apply to Class D motor vehicles only;&nbsp;</span></p> <p><span class="cls0">2. A revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title, or to Section 753 or 754 of this title shall be for a period of one (1) year or longer if driving privileges are modified pursuant to the provisions of this paragraph if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a prior revocation commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or to Section 753 or 754 of this title, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the record of the person reflects a prior conviction in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 of subsection A of Section 6-205 of this title, and the person was not a resident or a licensee of Oklahoma at the time of the offense resulting in the conviction.&nbsp;</span></p> <p><span class="cls0">Such one-year period of revocation may be modified; provided, any modification under this paragraph shall apply to Class D motor vehicles only. For any modification, the person shall be required to install an ignition interlock device or devices, pursuant to Section 754.1 of this title. The period of revocation and the period of interlock installation shall run concurrently and each shall be for no less than one (1) year; or&nbsp;</span></p> <p><span class="cls0">3. A revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title, or to Section 753 or 754 of this title shall be for a period of three (3) years or longer if driving privileges are modified pursuant to the provisions of this paragraph if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;two or more prior revocations commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or to Section 753 or 754 of this title,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the record of the person reflects two or more prior convictions in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 of subsection A of Section 6-205 of this title, and the person was not a resident or a licensee of Oklahoma at the time of the offense resulting in the conviction, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;any combination of two or more prior revocations or convictions as described in subparagraphs a and b of this paragraph.&nbsp;</span></p> <p><span class="cls0">Such three-year period of revocation may be modified; provided, any modification under this paragraph shall apply to Class D motor vehicles only. For any modification, the person shall be required to install an ignition interlock device or devices, pursuant to Section 754.1 of this title. The period of revocation and the period of interlock installation shall run concurrently and each shall be for no less than three (3) years.&nbsp;</span></p> <p><span class="cls0">B. The driving privilege of a person who is convicted of any offense as provided in paragraph 6 of subsection A of Section 6-205 of this title shall be revoked or denied by the Department of Public Safety for the following period, as applicable:&nbsp;</span></p> <p><span class="cls0">1. The first license revocation shall be for one hundred eighty (180) days, which may be modified; provided, for license revocations for a misdemeanor charge of possessing a controlled dangerous substance, the provisions of this paragraph shall apply to any such revocations by the Department on or after January 1, 1993; provided further, any modification under this paragraph shall apply to Class D motor vehicles only;&nbsp;</span></p> <p><span class="cls0">2. A revocation shall be for a period of one (1) year if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a prior revocation commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or under Section 753 or 754 of this title, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the record of the person reflects a prior conviction in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 or 6 of subsection A of Section 6-205 of this title, and the person was not a resident or a licensee of Oklahoma at the time of the offense resulting in the conviction.&nbsp;</span></p> <p><span class="cls0">Such period shall not be modified; or&nbsp;</span></p> <p><span class="cls0">3. A revocation shall be for a period of three (3) years if within ten (10) years preceding the date of arrest relating thereto, as shown by the records of the Department:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;two or more prior revocations commenced pursuant to paragraph 2 or 6 of subsection A of Section 6-205 of this title, or under Section 753 or 754 of this title,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the record of the person reflects two or more prior convictions in another jurisdiction which did not result in a revocation of Oklahoma driving privileges, for a violation substantially similar to paragraph 2 or 6 of subsection A of Section 6-205 of this title, and the person was not a resident or licensee of Oklahoma at the time of the offense resulting in the conviction, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;any combination of two or more prior revocations as described in subparagraphs a and b or this paragraph.&nbsp;</span></p> <p><span class="cls0">Such period shall not be modified.&nbsp;</span></p> <p><span class="cls0">The revocation of the driving privilege of any person under this subsection shall not run concurrently with any other withdrawal of driving privilege resulting from a different incident and which requires the driving privilege to be withdrawn for a prescribed amount of time. A denial based on a conviction of any offense as provided in paragraph 6 of subsection A of Section 6-205 of this title shall become effective on the first day the convicted person is otherwise eligible to apply for and be granted driving privilege if the person was not eligible to do so at the time of the conviction.&nbsp;</span></p> <p><span class="cls0">C. For the purposes of this subsection:&nbsp;</span></p> <p><span class="cls0">1. The term "conviction" includes a juvenile delinquency adjudication by a court or any notification from a court pursuant to Section 6-107.1 of this title; and&nbsp;</span></p> <p><span class="cls0">2. The term "revocation" includes a denial of driving privileges by the Department.&nbsp;</span></p> <p><span class="cls0">D. Each period of revocation not subject to modification shall be mandatory and neither the Department nor any court shall grant driving privileges based upon hardship or otherwise for the duration of that period. Each period of revocation, subject to modification as provided for in this section, may be modified as provided for in Section 754.1 or 755 of this title; provided, any modification under this paragraph shall apply to Class D motor vehicles only.&nbsp;</span></p> <p><span class="cls0">E. Any appeal of a revocation or denial of driving privileges shall be governed by Section 6-211 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 242, &sect; 2, eff. Nov. 1, 1988. Amended by Laws 1992, c. 217, &sect; 11, eff. July 1, 1992; Laws 1993, c. 314, &sect; 2, emerg. eff. June 7, 1993; Laws 1994, c. 2, &sect; 15, emerg. eff. March 2, 1994; Laws 1994, c. 243, &sect; 4, eff. Sept. 1, 1994; Laws 1996, c. 309, &sect; 6, eff. Nov. 1, 1996; Laws 1999, c. 106, &sect; 3, emerg. eff. April 19, 1999; Laws 2000, 1st Ex. Sess., c. 8, &sect; 18, eff. July 1, 2000; Laws 2002, c. 86, &sect; 4, emerg. eff. April 17, 2002; Laws 2003, c. 108, &sect; 2, eff. Nov. 1, 2003; Laws 2004, c. 390, &sect; 7, eff. July 1, 2004; Laws 2006, c. 311, &sect; 18, emerg. eff. June 8, 2006; Laws 2007, c. 326, &sect; 11, eff. Nov. 1, 2007; Laws 2009, c. 388, &sect; 3, eff. Nov. 1, 2009; Laws 2010, c. 345, &sect; 2, eff. Nov. 1, 2010; Laws 2011, c. 373, &sect; 3, eff. Nov. 1, 2011; Laws 2013, c. 393, &sect; 1, eff. Oct. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1993, c. 238, &sect; 3 repealed by Laws 1994, c. 2, &sect; 34, emerg. eff. March 2, 1994.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-205.2. Disqualification from driving privileges for certain convictions or acts - Driving while disqualified.&nbsp;</span></p> <p><span class="cls0">A. As used in this section, "conviction" means:&nbsp;</span></p> <p><span class="cls0">1. A nonvacated adjudication of guilt;&nbsp;</span></p> <p><span class="cls0">2. A determination that a person has violated or failed to comply with this section in any court or by the Department of Public Safety following an administrative determination;&nbsp;</span></p> <p><span class="cls0">3. A nonvacated forfeiture of bail or collateral deposited to secure a person's appearance in court;&nbsp;</span></p> <p><span class="cls0">4. A plea of guilty or nolo contendere accepted by the court;&nbsp;</span></p> <p><span class="cls0">5. The payment of any fine or court costs; or&nbsp;</span></p> <p><span class="cls0">6. A violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended or probated.&nbsp;</span></p> <p><span class="cls0">B. The Department of Public Safety shall disqualify any person from operating a Class A, B or C commercial motor vehicle for a period of not less than one (1) year upon receiving a record of conviction of any of the following disqualifying offenses, when the conviction has become final:&nbsp;</span></p> <p><span class="cls0">1. Driving, operating or being in actual physical control of a Class A, B or C commercial motor vehicle while having a blood or breath alcohol concentration, as defined in Section 756 of this title, or as defined by the state in which the arrest occurred, of four-hundredths (0.04) or more;&nbsp;</span></p> <p><span class="cls0">2. Refusing to submit to a test for determination of alcohol concentration, as required by Section 751 of this title, or as required by the state in which the arrest occurred, while operating a Class A, B or C commercial motor vehicle, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle;&nbsp;</span></p> <p><span class="cls0">3. Driving or being in actual physical control of a Class A, B or C commercial motor vehicle while under the influence of alcohol or any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle. Provided, the Department shall not additionally disqualify, pursuant to this subsection, if the person's driving privilege has been disqualified in this state because of a test result or test refusal pursuant to paragraph 1 or 2 of this subsection as a result of the same violation arising from the same incident;&nbsp;</span></p> <p><span class="cls0">4. Knowingly leaving the scene of a collision which occurs while operating a Class A, B or C commercial motor vehicle, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle;&nbsp;</span></p> <p><span class="cls0">5. Any felony during the commission of which a Class A, B or C commercial motor vehicle is used, except a felony involving the manufacture, distribution or dispensation of a controlled dangerous substance, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle;&nbsp;</span></p> <p><span class="cls0">6. Operating a commercial motor vehicle while the commercial driving privilege is revoked, suspended, canceled, denied, or disqualified;&nbsp;</span></p> <p><span class="cls0">7. Manslaughter homicide, or negligent homicide occurring as a direct result of negligent operation of a commercial motor vehicle, or, if the person is the holder of a commercial driver license, committing the offense while operating any vehicle;&nbsp;</span></p> <p><span class="cls0">8. Fraud related to examination for or issuance of a commercial learner permit or a Class A, B or C driver license; or&nbsp;</span></p> <p><span class="cls0">9. Failure to submit to skills or knowledge reexamination, or both, for the purpose of issuance of a commercial learner permit or a Class A, B or C driver license within thirty (30) days of receipt of notification from the Department.&nbsp;</span></p> <p><span class="cls0">C. The Department of Public Safety shall disqualify any person from operating a Class A, B or C commercial motor vehicle for a period of not less than three (3) years upon receiving a record of conviction of any of the disqualifying offenses described in subsection B of this section, committed in connection with the operation of a motor vehicle which is required to be placarded for hazardous materials under 49 C.F.R., Part 172, subpart F, when the conviction has become final.&nbsp;</span></p> <p><span class="cls0">D. The Department of Public Safety shall disqualify any person from operating a Class A, B or C commercial motor vehicle for life upon receiving a record of conviction in any court of any of the disqualifying offenses described in subsection B of this section after a former conviction of any of the following disqualifying offenses, when the second conviction has become final.&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety may promulgate rules establishing conditions under which a disqualification for life pursuant to the provisions of this subsection may be reduced to a period of not less than ten (10) years provided a previous lifetime disqualification has not been reduced.&nbsp;</span></p> <p><span class="cls0">E. The Department of Public Safety shall disqualify any person from operating a Class A, B or C commercial motor vehicle for life upon receiving a record of conviction for any felony related to the manufacture, distribution or dispensation of a controlled dangerous substance in the commission of which a Class A, B or C commercial motor vehicle is used, or if the person is the holder of a commercial driver license, committing the offense while operating any vehicle, when the conviction has become final.&nbsp;</span></p> <p><span class="cls0">F. The Department of Public Safety shall disqualify any person from operating a Class A, B or C commercial motor vehicle for sixty (60) days upon receiving a record of a second conviction of the person for a serious traffic offense arising out of separate transactions or occurrences within a three-year period, when the convictions have become final. The Department of Public Safety shall disqualify any person from operating a Class A, B or C commercial motor vehicle for one hundred twenty (120) days upon receiving a record of a third conviction of a person for a serious traffic offense arising out of separate transactions or occurrences within a three-year period, when the convictions have become final; provided, the one-hundred-twenty-day period shall run in addition to and shall not run concurrently with any other period disqualification imposed pursuant to this subsection. As used in this subsection, "serious traffic offense" shall mean any of the following offenses committed while operating a commercial motor vehicle:&nbsp;</span></p> <p><span class="cls0">1. Speeding fifteen (15) miles per hour or more over the limit;&nbsp;</span></p> <p><span class="cls0">2. Reckless driving;&nbsp;</span></p> <p><span class="cls0">3. Any traffic offense committed that results in or in conjunction with a motor vehicle collision resulting in a fatality;&nbsp;</span></p> <p><span class="cls0">4. Erratic or unsafe lane changes;&nbsp;</span></p> <p><span class="cls0">5. Following too closely;&nbsp;</span></p> <p><span class="cls0">6. Failure to obtain a commercial driver license;&nbsp;</span></p> <p><span class="cls0">7. Failure to have in possession of the person a commercial driver license;&nbsp;</span></p> <p><span class="cls0">8. Failure to have:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the proper class of commercial driver license for the class of vehicle being operated,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the proper endorsement or endorsements for the type of vehicle being operated, including but not limited to, passengers or type of cargo being transported, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;both proper class and proper endorsement, as provided in subparagraphs a and b of this paragraph; or&nbsp;</span></p> <p><span class="cls0">9. Operating a commercial motor vehicle while using a cellular telephone or electronic communication device to write, send or read a text-based communication while the commercial motor vehicle is in motion.&nbsp;</span></p> <p><span class="cls0">G. Upon the receipt of a person's record of conviction of violating a lawful out-of-service order, when the conviction becomes final the Department shall disqualify the driving privilege of the person as follows:&nbsp;</span></p> <p><span class="cls0">1. For a first conviction for violating an out-of-service order:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;except as provided in subparagraph b of this paragraph, the period of disqualification shall be for ninety (90) days, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 P. app. 180-1813, or while operating a motor vehicle designed for transport of sixteen (16) or more passengers, including the driver, the period of disqualification shall be for one (1) year;&nbsp;</span></p> <p><span class="cls0">2. For a second conviction within ten (10) years for violating an out-of-service order:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;except as provided in subparagraph b of this paragraph, the period of disqualification shall be for one (1) year, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 P. app. 180-1813, or while operating a motor vehicle designed for transport of sixteen (16) or more passengers, including the driver, the period of disqualification shall be for three (3) years; and&nbsp;</span></p> <p><span class="cls0">3. For a third or subsequent conviction within ten (10) years for violating an out-of-service order, the period of disqualification shall be for three (3) years.&nbsp;</span></p> <p><span class="cls0">H. Upon determination by the Department that fraudulent information was used to apply for or obtain a Class A, B or C driver license, the Department shall disqualify the driving privilege of the applicant or licensee for a period of sixty (60) days.&nbsp;</span></p> <p><span class="cls0">I. Any person who drives a Class A, B or C commercial motor vehicle on any public roads, streets, highways, turnpikes or any other public place of this state at a time when the person has been disqualified or when the privilege to do so is canceled, denied, suspended or revoked shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. Each act of driving as prohibited shall constitute a separate offense.&nbsp;</span></p> <p><span class="cls0">J. Upon the receipt of the record of a conviction of a person of a railroad highway grade crossing offense in a commercial motor vehicle, pursuant to Sections 11-701 or 11-702 of this title or Section 11-1115 of this title, or upon receipt of an equivalent conviction from any state, when the conviction becomes final, the Department shall disqualify the driving privileges of the person convicted as follows:&nbsp;</span></p> <p><span class="cls0">1. The first conviction shall result in disqualification for sixty (60) days;&nbsp;</span></p> <p><span class="cls0">2. The second conviction within three (3) years shall result in disqualification for one hundred twenty (120) days; and&nbsp;</span></p> <p><span class="cls0">3. The third or subsequent conviction within three (3) years shall result in disqualification for one (1) year.&nbsp;</span></p> <p><span class="cls0">K. The Department, upon receipt of a written notice of immediate disqualification issued by the Federal Motor Carrier Safety Administration under 49 CFR 383.52, shall immediately disqualify the person's commercial driving privilege for the period of time specified on the written notice.&nbsp;</span></p> <p><span class="cls0">L. The periods of disqualification as defined by this section shall not be modified. A person may not be granted driving privileges to operate a Class A, B or C commercial vehicle until the disqualification is reinstated.&nbsp;</span></p> <p><span class="cls0">M. When any record of conviction, as specified in this section, is received by the Department and pertains to a nonresident operator of a Class A, B or C commercial motor vehicle, or if the nonresident operator is the holder of a commercial driver license, a record of the conviction pertaining to the nonresident operator of any vehicle, the Department shall not disqualify the person and shall report the conviction to the licensing jurisdiction in which the license of the nonresident to operate the commercial vehicle was issued.&nbsp;</span></p> <p><span class="cls0">N. Any person who is disqualified from driving under the provisions of this section shall have the right of appeal, as provided in Section 6-211 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 219, &sect; 33, eff. April 1, 1992. Amended by Laws 1991, c. 309, &sect; 4, eff. April 1, 1992; Laws 1992, c. 217, &sect; 12, eff. July 1, 1992; Laws 1993, c. 238, &sect; 4, emerg. eff. May 26, 1993; Laws 1997, c. 193, &sect; 2, eff. Nov. 1, 1997; Laws 1999, c. 229, &sect; 3, eff. Nov. 1, 1999; Laws 2000, c. 277, &sect; 9, eff. Nov. 1, 2000; Laws 2001, c. 309, &sect; 1, eff. Nov. 1, 2001; Laws 2002, c. 169, &sect; 1, eff. Oct. 1, 2002; Laws 2003, c. 392, &sect; 15, eff. July 1, 2003; Laws 2004, c. 149, &sect; 7, eff. Sept. 30, 2005; Laws 2004, c. 390, &sect; 8, eff. July 1, 2004; Laws 2005, c. 394, &sect; 3, emerg. eff. June 6, 2005; Laws 2006, c. 311, &sect; 19, emerg. eff. June 8, 2006; Laws 2012, c. 207, &sect; 3, emerg. eff. May 8, 2012; Laws 2013, c. 259, &sect; 7, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-206. Authority of department to suspend license or privilege.&nbsp;</span></p> <p><span class="cls0">A. Whenever any person is convicted or pleads guilty in any court having jurisdiction over offenses committed under Section 1-101 et seq. of this title, or any other act or municipal ordinance or act or ordinance of another state regulating the operation of motor vehicles on highways, such court shall make immediate report to the Department of Public Safety setting forth the name of the offender, the number of the driver license and the penalty imposed. Said report shall be submitted by the judge or the clerk of the court upon forms furnished or approved by the Department.&nbsp;</span></p> <p><span class="cls0">B. The Department, upon receipt of said report or upon receipt of a report of a conviction in another state relating to the operation of a motor vehicle, may in its discretion suspend the driving privilege of such person for such period of time as in its judgment is justified from the records of such conviction together with the records and reports on file in the Department, subject to the limitations provided in Section 6-208 of this title. Any action taken by the Department shall be in addition to the penalty imposed by the court.&nbsp;</span></p> <p><span class="cls0">C. Following receipt of a notice of any nonpayment of fine and costs for a moving traffic violation with a recommendation of suspension of driving privileges of a defendant from any court within this state, as provided for in Section 983 of Title 22 of the Oklahoma Statutes, the Department shall suspend the driving privilege of the named person after giving notice as provided in Section 2-116 of this title. A person whose license is subject to suspension pursuant to this section may avoid the effective date of the suspension or, if suspended, shall be eligible for reinstatement, if otherwise eligible, upon:&nbsp;</span></p> <p><span class="cls0">1. Making application to the Department of Public Safety;&nbsp;</span></p> <p><span class="cls0">2. Showing proof of payment of the total amount of the fine and cost or a release from the court or court clerk; and&nbsp;</span></p> <p><span class="cls0">3. Submitting the processing and reinstatement fees, as provided for in Section 6-212 of this title.&nbsp;</span></p> <p><span class="cls0">Provided, however, in cases of extreme and unusual hardship, as determined by the court, the person shall be placed on a payment plan by the court, and the court shall send a release to the Department for reinstatement purposes. The court may submit another suspension request pursuant to this section if the person fails to honor the payment plan. In such case, the Department shall again suspend the person&rsquo;s driving privilege for nonpayment of fine and costs for the same moving traffic violation. Upon reinstatement after suspension for nonpayment of fine and costs for a moving traffic violation the Department may remove such record of suspension from the person's driving record and retain an internal record for audit purposes.&nbsp;</span></p> <p><span class="cls0">D. Upon the receipt of a record of conviction for eluding or attempting to elude a peace officer, the Department of Public Safety shall suspend the driving privilege of the person:&nbsp;</span></p> <p><span class="cls0">1. For the first conviction as indicated on the driving record of the person, for a period of six (6) months;&nbsp;</span></p> <p><span class="cls0">2. For the second conviction as indicated on the driving record of the person, for a period of one (1) year. Such period shall not be modified; and&nbsp;</span></p> <p><span class="cls0">3. For the third or subsequent conviction as indicated on the driving record of the person, for a period of three (3) years. Such period shall not be modified.&nbsp;</span></p> <p><span class="cls0">E. Any person whose driving privilege is so suspended under the provisions of this section shall have the right of appeal, as provided in Section 6-211 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 348, &sect; 6-206, eff. Sept. 1, 1961. Amended by Laws 1984, c. 254, &sect; 1, eff. Nov. 1, 1984; Laws 1988, c. 242, &sect; 3, eff. Nov. 1, 1988; Laws 1990, c. 259, &sect; 5, eff. Sept. 1, 1990; Laws 1991, c. 335, &sect; 14, emerg. eff. June 15, 1991; Laws 1999, c. 291, &sect; 1, emerg. eff. May 27, 1999; Laws 2003, c. 392, &sect; 16, eff. July 1, 2003; Laws 2006, c. 311, &sect; 20, emerg. eff. June 8, 2006.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-206.1. Driver improvement or defensive driving course.&nbsp;</span></p> <p><span class="cls0">A. Driver improvement or defensive driving course is a course which offers an educational setting, provides for driving concepts which encourage attitude or behavioral changes in the responsibility of operating a motor vehicle in a safe and responsible manner.&nbsp;</span></p> <p><span class="cls0">B. It shall be the responsibility of the institution or organization to provide:&nbsp;</span></p> <p><span class="cls0">1. Adequate facilities which meet or exceed state and local fire, health and safety codes;&nbsp;</span></p> <p><span class="cls0">2. Adequate equipment, in good working order, and instructional materials for such courses;&nbsp;</span></p> <p><span class="cls0">3. Qualified instructors who shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;possess an undergraduate degree and have nine (9) college or university credit hours in traffic safety education, or is a peace officer certified by the Council on Law Enforcement Education and Training (CLEET),&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;have no alcohol or drug-related convictions or revocations in the past five (5) years,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;have no more than five (5) points accumulated on the driving record in the past three (3) years in accordance with the Oklahoma Mandatory Point System,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;have a valid Oklahoma driver license, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;complete a course of training through the approved organization or institution;&nbsp;</span></p> <p><span class="cls0">4. A course of study designed to inform the participant of driver improvement and defensive driving concepts while encouraging attitude or behavioral changes in the responsibility of operating a motor vehicle in a safe and responsible manner. The curriculum, which means the complete lesson plans which include instructional strategy, presentation methods and resources utilized to incorporate the concepts of traffic safety, must provide for but not be limited to the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;driver personality traits - behavioral attitudes,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;driver qualifications and limitations,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;effects of alcohol and other drugs, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;current accident prevention and defensive driving techniques: speed control, perception, reactions, lane positioning, safe turning and passing, occupant restraints, following distance and rules of the road; and&nbsp;</span></p> <p><span class="cls0">5. Provide at least six (6) hours of classroom instruction.&nbsp;</span></p> <p><span class="cls0">C. Organizations or institutions desirous of making application shall submit the following to the Department of Public Safety:&nbsp;</span></p> <p><span class="cls0">1. Evidence of organizational or institutional status which meet statutory requirements;&nbsp;</span></p> <p><span class="cls0">2. Copy of proposed course curriculum which includes lesson objectives, presentation materials, instructional strategy and resources utilized;&nbsp;</span></p> <p><span class="cls0">3. Certification that instructors meet statutory requirements; and&nbsp;</span></p> <p><span class="cls0">4. Upon Department of Public Safety approval said organization or institution shall be considered for point credits as set forth in this section.&nbsp;</span></p> <p><span class="cls0">D. The Department of Public Safety is authorized to grant a two point credit towards the Oklahoma Point System Regulations to any person who successfully completes a course pursuant to this section provided only one such course shall be acknowledged once every twenty-four (24) months.&nbsp;</span></p> <p><span class="cls0">E. The Department upon giving of notice and hearing may decline to grant credit points to any organization or institution for:&nbsp;</span></p> <p><span class="cls0">1. Unethical conduct of an instructor or official of an institution or organization;&nbsp;</span></p> <p><span class="cls0">2. Failure to satisfactorily resolve citizens&rsquo; complaints;&nbsp;</span></p> <p><span class="cls0">3. Falsifying or misrepresenting any document or information to the Department or student;&nbsp;</span></p> <p><span class="cls0">4. Failure of organization or instructor to meet statutory requirements;&nbsp;</span></p> <p><span class="cls0">5. Conflict of interest by the organization or institution and/or its personnel; or&nbsp;</span></p> <p><span class="cls0">6. Failure of organization, institution or instructor to continue to meet statutory requirements as provided for in this section.&nbsp;</span></p> <p><span class="cls0">F. Course enrollment will be limited to not more than thirty students with an enrollment fee of Fifty Dollars ($50.00) per student.&nbsp;</span></p> <p><span class="cls0">G. Enrollment in the course shall not be limited to persons ordered to enroll, attend and successfully complete the course.&nbsp;</span></p> <p><span class="cls0">H. The organization or institution shall within fifteen (15) days of the completion certify to the Department of Public Safety all persons who successfully complete the course on a form approved or furnished by the Department. This shall include the person&rsquo;s full name, address, date of birth and driver license number.&nbsp;</span></p> <p><span class="cls0">I. Department personnel shall be admitted to any course without charge, upon request and display of proper credentials.&nbsp;</span></p> <p><span class="cls0">J. Each organization or institution shall develop auditing procedures which could be utilized to show compliance with this section.&nbsp;</span></p> <p><span class="cls0">K. Any point credit allowed must comply with the Department&rsquo;s Point System Regulations.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 309, &sect; 5, eff. July 1, 1991. Amended by Laws 1992, c. 217, &sect; 13, eff. July 1, 1992; Laws 1992, c. 373, &sect; 8, eff. July 1, 1992; Laws 1998, c. 345, &sect; 2, eff. Nov. 1, 1998; Laws 2002, c. 49, &sect; 2, eff. Nov. 1, 2002; Laws 2004, c. 15, &sect; 1, emerg. eff. March 23, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;476207. Authority of department to deny application for or cancel license for certain ailments; appeal.&nbsp;</span></p> <p><span class="cls0">Whenever the Department of Public Safety is furnished with information or, from the records on file in the Department, it is established that the holder of a driver's license is afflicted with a physical disease with a history of seizures, or mental disease, or momentary lapses of consciousness or any other ailment which may result in temporary loss of control or partial control of a motor vehicle, the Department may, in its discretion, execute an order of cancellation of any driver's license issued to such individual, or, should such information be available at the time of application for a driver's license, the Department may execute an order denying the issuance of said license to any such individual and shall cause any such license that may have been issued to be picked up or to be delivered to the Department of Public Safety as specified for other such orders. Every physician or surgeon, including doctors of medicine and osteopathy, examining, attending or treating an individual for any illness or injury that would impair the ability of the individual in any manner as to affect the performance of the person to operate a motor vehicle, may make a written report of the diagnosis to the State Department of Public Safety. The Department may, in its discretion, suspend or cancel the license of such person for such period of time as in its judgment is justified.&nbsp;</span></p> <p><span class="cls0">In addition thereto, any person or physician or any medical personnel participating in good faith and without negligence or malicious intent in making of a report pursuant to this act shall have the immunity from civil liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.&nbsp;</span></p> <p><span class="cls0">Provided further that, in any proceeding resulting from a report made pursuant to this act or in any proceeding where such a report or any contents thereof are sought to be introduced in evidence, such report or contents or any other fact or facts related thereto, or the condition of the individual who is the subject of the report shall only be admitted in evidence in actions regarding the revocation, suspension, cancellation or denial of the subject's driver's license and shall not be considered to be a public record provided that the report shall not be excluded on the ground that the matter is or may be the subject of a physicianpatient privilege or similar privilege or rule against disclosure.&nbsp;</span></p> <p><span class="cls0">Any person whose license has been canceled or denied under the provisions of this section shall have the right of appeal from said order, as provided under Section 6211 of this title.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1990, c. 219, &sect; 35, eff. June 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;476208. Period of suspensions Renewal or restoration of license.&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety shall not suspend a driver's license or privilege to drive a motor vehicle on the public roads, streets, highways, turnpikes or other public place for a period of more than one (1) year, except as otherwise provided by law.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1982, c. 273, &sect; 2, operative Oct. 1, 1982; Laws 1984, c. 254, &sect; 2, eff. Nov. 1, 1984; Laws 1988, c. 242, &sect; 4, eff. Nov. 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;476208.1. Authority of Department to decline to process certain requests for suspension or revocation of license.&nbsp;</span></p> <p><span class="cls0">If action by the Department of Public Safety to suspend, revoke, cancel or deny the driver's license of any person is based in whole or in part upon the receipt of a record of conviction, report, affidavit or other written instrument from any court, court clerk, law enforcement officer, public agency, public officer or public employee and such documentation is not received by the Department within six (6) months from the date which in the judgment of the Department it should have been received, then the Department may decline to process such documentation and may decline to take action to suspend, revoke, cancel or deny the driver's license of such person, notwithstanding any other provision of law.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1986, c. 250, &sect; 12, operative July 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;47-6-208.3. Repealed by Laws 1999, c. 229, &sect; 4, eff. Nov. 1, 1999.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-209. Surrender and return of license - Seizure of license.&nbsp;</span></p> <p><span class="cls0">A. The Department upon canceling or denying the driver license of a person or upon suspending or revoking the driving privilege of a person shall require that the driver license of the person be surrendered to the Department. When the statutory requirements for reinstatement are met in accordance with Oklahoma Statutes, the person shall apply for a new driver license from the Department; provided the Department has determined that the licensee is a person not prohibited from holding a driver license under Section 6-103 of this title, and has successfully completed the customary written, physical and driving tests, if such tests are required. Identification of the person shall be verified through the driver license digital file of the Department.&nbsp;</span></p> <p><span class="cls0">B. The Department, upon entering an order canceling or denying a driver license or suspending or revoking the driving privilege of a person, shall forward a copy of the order to the licensee pursuant to the provisions of Section 2-116 of this title and request the immediate return of the driver license to the Department of Public Safety, Oklahoma City, Oklahoma, or the order may be served upon the licensee by an authorized member of the Department. Failure to comply with the order of the Department shall constitute a misdemeanor and, upon conviction, the person shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00).&nbsp;</span></p> <p><span class="cls0">C. Any peace officer of this state may seize the license of any person who, according to Department records, is under suspension, cancellation, revocation or denial under the provisions of this title. The officer shall immediately forward the license to the Department of Public Safety, Oklahoma City, Oklahoma.&nbsp;</span></p> <p><span class="cls0">D. No person shall have a property interest in the physical driver license issued pursuant to the laws of this state. It shall be the duty of every person whose driving privilege has been suspended, canceled or revoked to immediately surrender his or her driver license upon the request of any peace officer or representative of the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 349, &sect; 6-209, eff. Sept. 1, 1961. Amended by Laws 1986, c. 279, &sect; 14, operative July 1, 1986; Laws 1987, c. 226, &sect; 4, operative July 1, 1987; Laws 1990, c. 219, &sect; 36, eff. June 1, 1990; Laws 1992, c. 217, &sect; 14, eff. July 1, 1992; Laws 1993, c. 238, &sect; 5, emerg. eff. May 26, 1993; Laws 1994, c. 218, &sect; 5, eff. April 1, 1995; Laws 2013, c. 75, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;476210. No operation under foreign license during suspension or revocation in this state.&nbsp;</span></p> <p><span class="cls0">Any resident or nonresident whose driver's license or privilege to operate a motor vehicle in this state has been denied, canceled, suspended or revoked as provided in this chapter shall not operate a motor vehicle in this state under a license, permit or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and as permitted under this chapter.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1990, c. 219, &sect; 37, eff. Jan. 1, 1991; Laws 1991, c. 309, &sect; 6, eff. July 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-211. Right of appeal to district court.&nbsp;</span></p> <p><span class="cls0">A. Any person denied driving privileges, or whose driving privilege has been canceled, denied, suspended or revoked by the Department, except where such cancellation, denial, suspension or revocation is mandatory, under the provisions of Section 6-205 of this title, or disqualified by the Department, under the provisions of Section 6-205.2 or 761 of this title, shall have the right of appeal to the district court as hereinafter provided. Proceedings before the district court shall be exempt from the provisions of the Oklahoma Pleading and Discovery codes, except that the appeal shall be by petition, without responsive pleadings. The district court is hereby vested with original jurisdiction to hear said petition.&nbsp;</span></p> <p><span class="cls0">B. A person whose driving privilege is denied, canceled, revoked or suspended due to inability to meet standards prescribed by law, or due to an out-of-state conviction or violation, or due to an excessive point accumulation on the traffic record, or for an unlawful license issued, may appeal in the county in which the person resides.&nbsp;</span></p> <p><span class="cls0">C. Any person whose driving privilege is canceled, denied, suspended or revoked may appeal to the district court in the county in which the offense was committed upon which the Department based its order.&nbsp;</span></p> <p><span class="cls0">D. A person whose driving privilege is revoked or denied or who is denied a hearing pursuant to Section 753 or 754 of this title may appeal to the district court in the county in which the arrest occurred relating to the test refusal or test result, as shown by the records of the Department.&nbsp;</span></p> <p><span class="cls0">E. The petition shall be filed within thirty (30) days after the order has been served upon the person, except a petition relating to an implied consent revocation shall be filed within thirty (30) days after the Department gives notice to the person that the revocation is sustained as provided in Section 754 of this title. It shall be the duty of the district court to enter an order setting the matter for hearing not less than fifteen (15) days and not more than thirty (30) days from the date the petition is filed. A certified copy of petition and order for hearing shall be served forthwith by the clerk of the court upon the Commissioner of Public Safety by certified mail at the Department of Public Safety, Oklahoma City, Oklahoma.&nbsp;</span></p> <p><span class="cls0">F. At a hearing on a revocation by the Department pursuant to the implied consent laws as provided in Sections 6-205.1, 753 and 754 of this title, the court shall not consider the merits of the revocation action unless a written request for an administrative hearing was timely submitted to the Department and the person actually exercised the opportunity to appear as provided in Section 754 of this title and the Department entered an order sustaining the revocation.&nbsp;</span></p> <p><span class="cls0">G. Upon a hearing relating to a revocation or disqualification pursuant to a conviction for an offense enumerated in Section 6-205, 761, or 6-205.2 of this title, the court shall not consider the propriety or merits of the revocation or disqualification action, except to correct the identity of the person convicted as shown by records of the Department.&nbsp;</span></p> <p><span class="cls0">H. In the event the Department declines to modify, as provided in Section 754.1 of this title, a revocation order issued pursuant to Section 753, Section 754, paragraph 2 of subsection A of Section 6-205 or Section 6-205.1 of this title, which is subject to modification pursuant to Section 11-906.4 of this title or Section 6-205.1 of this title, a petition for modification may be included with the appeal or separately filed at any time, and the district court may, in its discretion, modify the revocation as provided for in Section 755 of this title; provided, any modification under this subsection shall apply to Class D motor vehicles only.&nbsp;</span></p> <p><span class="cls0">I. The court shall take testimony and examine the facts and circumstances, including all of the records on file in the office of the Department of Public Safety relative to the offense committed and the driving record of the person, and determine from the facts, circumstances, and records whether or not the petitioner is entitled to driving privileges or shall be subject to the order of denial, cancellation, suspension or revocation issued by the Department. The court may also determine whether or not, from the person&rsquo;s previous driving record, the order was for a longer period of time than such facts and circumstances warranted. In case the court finds that the order was not justified, the court may sustain the appeal, vacate the order of the Department and direct that driving privileges be restored to the petitioner, if otherwise eligible. The court may, in case it determines the order was justified, but that the period of the suspension or revocation was excessive, enter an order modifying the same as provided by law.&nbsp;</span></p> <p><span class="cls0">J. The testimony of any hearing pursuant to this section shall be taken by the court stenographer and preserved for the purpose of appeal and, in case the Department files notice of appeal from the order of the court as provided herein, the court shall order and direct the court clerk to prepare and furnish a complete transcript of all pleadings and proceedings, together with a complete transcript taken at said hearing at no cost to the Department, except the cost of transcribing.&nbsp;</span></p> <p><span class="cls0">K. In order to stay or supersede any order of the Department, the petitioner may execute and file a cash appeal bond in the sum of Two Hundred Fifty Dollars ($250.00) with the clerk of the court, to be approved by the court clerk. A certified copy of the bond shall be served along with the notice of hearing and petition.&nbsp;</span></p> <p><span class="cls0">The bond shall be to the State of Oklahoma and conditioned that the petitioner will prosecute the appeal with due diligence and during pendency of the appeal abide by and not violate any of the laws of this state or any other state in the operation of a motor vehicle, and that the petitioner will abide by and perform the final judgment of the court therein, and in case the appeal is finally denied the appellant will pay all court costs incurred in the appeal in the district court. If the petitioner is convicted of a traffic offense during the pendency of the appeal or fails to prosecute the appeal with due diligence, the bond may be forfeited to the court fund upon application by the Department and after hearing before the court in which the appeal is pending.&nbsp;</span></p> <p><span class="cls0">L. After filing and approval of the appeal bond and the furnishing thereof to the Department as hereby provided, the Department shall restore driving privileges to the person if otherwise eligible, and the person shall be permitted to operate a motor vehicle pending the appeal, under terms and conditions as prescribed in the bond which shall include the installation of an ignition interlock device on every motor vehicle operated by the person, pursuant to Section 754.1 or 755 of this title, if the person was denied modification pursuant to any provision of paragraph 2 of subsection A of Section 6-205 or Section 6-205.1, 753 or 754 of this title; provided, however, if the order of the Department is sustained in final judgment, the court shall, in such final judgment, enter an order extending the period of suspension or revocation for such time as the petitioner was permitted to operate motor vehicles under the provisions of an appeal bond, and the court shall also in such final judgment direct and require the immediate surrender of any driver license or licenses to the Department.&nbsp;</span></p> <p><span class="cls0">M. An appeal may be taken by the person or by the Department from the order or judgment of the district court to the Supreme Court of the State of Oklahoma as otherwise provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 349, &sect; 6-211, eff. Sept. 1, 1961. Amended by Laws 1969, c. 88, &sect; 1, emerg. eff. March 24, 1969; Laws 1988, c. 242, &sect; 5, eff. Nov. 1, 1988; Laws 1990, c. 219, &sect; 38, eff. Jan. 1, 1991; Laws 1994, c. 243, &sect; 5, eff. Sept. 1, 1994; Laws 1997, c. 420, &sect; 3, emerg. eff. June 13, 1997; Laws 1999, c. 139, &sect; 3, eff. Nov. 1, 1999; Laws 2000, 1st Ex.Sess., c. 8, &sect; 19, eff. July 1, 2000; Laws 2003, c. 392, &sect; 17, eff. July 1, 2003; Laws 2006, c. 311, &sect; 21, emerg. eff. June 8, 2006; Laws 2011, c. 373, &sect; 4, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-212. Reinstatement fees - Conditions for reinstatement - Provisional license.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety shall not assess and collect multiple reinstatement fees when reinstating the driving privilege of any person having more than one suspension or revocation affecting the person's driving privilege at the time of reinstatement.&nbsp;</span></p> <p><span class="cls0">B. The Department shall:&nbsp;</span></p> <p><span class="cls0">1. Suspend or revoke a person's driving privilege for each basis as delineated within the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">2. Require any person having more than one suspension or revocation affecting the person's driving privilege to meet the statutory requirements for each action as a condition precedent to the reinstatement of any driving privilege. Provided, however, reinstatement fees shall not be cumulative, and a single reinstatement fee, as provided for in subsection C of this section, shall be paid for all suspensions or revocations as shown by the Department's records at the time of reinstatement.&nbsp;</span></p> <p><span class="cls0">C. Whenever a person's privilege to operate a motor vehicle is suspended or revoked pursuant to any provision as authorized by the Oklahoma Statutes, the license or privilege to operate a motor vehicle shall remain under suspension or revocation and shall not be reinstated until:&nbsp;</span></p> <p><span class="cls0">1. The expiration of each such revocation or suspension order;&nbsp;</span></p> <p><span class="cls0">2. The person has paid to the Department:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;if such privilege is suspended or revoked pursuant to Section 1115.5 of Title 22 of the Oklahoma Statutes or pursuant to any provisions of this title, except as provided in subparagraph b of this paragraph, a processing fee of Twenty-five Dollars ($25.00) for each such suspension or revocation as shown by the Department's records, or&nbsp;</span></p> <p class="cls6"><span class="cls0">b.&nbsp;&nbsp;(1)&nbsp;&nbsp;if such privilege is suspended or revoked pursuant to the provisions of Section 6-205, 6-205.1, 7-612, 753, 754 or 761 of this title or pursuant to subsection A of Section 7-605 of this title for a conviction for failure to maintain the mandatory motor vehicle insurance required by law or pursuant to subsection B of Section 6-206 of this title for a suspension other than for points accumulation, a processing fee of Seventy-five Dollars ($75.00) for each such suspension or revocation as shown by the Department's records, and a special assessment trauma-care fee of Two Hundred Dollars ($200.00) to be deposited into the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of Title 63 of the Oklahoma Statutes, for each suspension or revocation as shown by the records of the Department, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;in addition to any other fees required by this section, if such privilege is suspended or revoked pursuant to an arrest on or after November 1, 2008, under the provisions of paragraph 2 or 6 of subsection A of Section 6-205 of this title or of Section 753, 754, or 761 of this title, a fee of Fifteen Dollars ($15.00), which shall be apportioned pursuant to the provisions of Section 3-460 of Title 43A of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">3. The person has paid to the Department a single reinstatement fee of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;beginning on August 26, 2011, through June 30, 2013, Fifty Dollars ($50.00), of which Twenty-five Dollars ($25.00) shall be deposited by the Commissioner to the credit of the Department of Public Safety Revolving Fund and, in addition to other purposes authorized by law, the expenditures from that fund of monies derived from the Twenty-five Dollars ($25.00) pursuant to this subparagraph shall be used to fund any Oklahoma Highway Patrol Trooper Academy provided by the Department. Any remaining funds shall be used for operational expenses of the Oklahoma Highway Patrol, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;beginning on July 1, 2013, and any year thereafter, Twenty-five Dollars ($25.00).&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety is hereby authorized to enter into agreements with persons whose license to operate a motor vehicle has been suspended or revoked, except as to those suspensions, revocations, cancellations or denials made pursuant to paragraph 1 or 2 of subsection A of Section 6-205 of this title or to Section 753 or 754 of this title, for issuance of provisional licenses that would allow such persons to drive between their place of residence and their place of employment or potential employment, between their place of residence and a college, university or technology center, between their place of residence and their child's school or day care provider, between their place of residence and a place of worship or between their place of residence and any court-ordered treatment program with the condition that such persons pay a minimum of Twenty-five Dollars ($25.00) per month toward the satisfaction of all outstanding driver license reinstatement fees. The Department shall develop rules and procedures to establish such a provisional driver license program and such rules and procedures shall include, but not be limited to, eligibility criteria, proof of insurance, proof of enrollment or employment, and any provisional license fees. Any violation of law by the person holding the provisional license that would result in the suspension or revocation of a driver license shall result in the revocation of the provisional license and such person shall be ineligible for future application for a provisional driver license.&nbsp;</span></p> <p><span class="cls0">D. Effective July 1, 2002, and for each fiscal year thereafter:&nbsp;</span></p> <p><span class="cls0">1. Two Hundred Fifty Thousand Dollars ($250,000.00) of all monies collected each month pursuant to this section shall be apportioned as provided in Section 1104 of this title, except as otherwise provided in this section; and&nbsp;</span></p> <p><span class="cls0">2. Except as otherwise provided in this section, all other monies collected in excess of Two Hundred Fifty Thousand Dollars ($250,000.00) each month shall be deposited in the General Revenue Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 276, &sect; 1, emerg. eff. May 18, 1982. Amended by Laws 1983, c. 286, &sect; 21, operative July 1, 1983; Laws 1984, c. 264, &sect; 11, operative July 1, 1984; Laws 1986, c. 279, &sect; 15, operative July 1, 1986; Laws 1987, c. 5, &sect; 152, emerg. eff. March 11, 1987; Laws 1987, c. 226, &sect; 5, operative July 1, 1987; Laws 1990, c. 219, &sect; 39, eff. Jan. 1, 1991; Laws 1994, c. 218, &sect; 6, eff. April 1, 1995; Laws 2001, c. 361, &sect; 7, eff. July 1, 2001; Laws 2002, c. 474, &sect; 5, emerg. eff. June 6, 2002; Laws 2004, c. 396, &sect; 1, eff. Nov. 1, 2004; Laws 2004, c. 530, &sect; 1, eff. Sept. 1, 2004; Laws 2007, c. 326, &sect; 12, eff. Nov. 1, 2007; Laws 2008, c. 401, &sect; 18, eff. Nov. 1, 2008; Laws 2011, c. 226, &sect; 1; Laws 2013, c. 274, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-212.1. Repealed by Laws 1994, c. 218, &sect; 12, eff. April 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;47-6-212.2. Required completion of alcohol and drug assessment and evaluation.&nbsp;</span></p> <p><span class="cls0">A. Whenever the records of the Department of Public Safety reflect a conviction of a person pursuant to Section 11-902 of this title or an alcohol- or drug-related revocation or suspension of the driving privileges of that person pursuant to the provisions of paragraph 2 or 6 of subsection A of Section 6-205 or to Section 6-205.1, 6-206, 753, 754 or 761 of this title, the person shall participate in an alcohol and drug assessment and evaluation by an assessment agency or assessment personnel certified by the Department of Mental Health and Substance Abuse Services for the purpose of evaluating the person's receptivity to treatment and prognosis. As determined by the assessment, the person shall enroll in, attend and successfully complete the appropriate alcohol and drug substance abuse course certified by the Department of Mental Health and Substance Abuse Services or an alcohol or other drug treatment program or both. The alcohol and drug substance abuse course shall consist of either ten (10) hours or twenty-four (24) hours of instruction and shall conform with the provisions of Section 3-453 of Title 43A of the Oklahoma Statutes. No citizen shall be compelled to travel more than seventy (70) miles from the citizen's place of residence to attend a course or evaluation program required herein. For purposes of this subsection, the requirement for alcohol and drug substance abuse evaluation shall be considered satisfied if the person is evaluated by an assessment agency or assessment personnel certified for that purpose, all recommendations identified by the evaluation are satisfied by the person, and a report of such evaluation and completion is presented to the court prior to sentencing and to the Department.&nbsp;</span></p> <p><span class="cls0">B. The requirements of subsection A of this section shall be a condition for reinstatement of driving privileges, in addition to other conditions for driving privilege reinstatement provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1985, c. 204, &sect; 1, eff. Nov. 1, 1985. Amended by Laws 1988, c. 242, &sect; 7, eff. Nov. 1, 1988; Laws 1990, c. 265, &sect; 64, eff. Sept. 1, 1990; Laws 1993, c. 339, &sect; 3, eff. Sept. 1, 1993; Laws 1996, c. 162, &sect; 2, eff. Nov. 1, 1996; Laws 2000, c. 189, &sect; 2, eff. July 1, 2000; Laws 2001, c. 27, &sect; 4, eff. Nov. 1, 2001; Laws 2003, c. 178, &sect; 2, eff. July 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-212.3. Ignition interlock device - Duration.&nbsp;</span></p> <p><span class="cls0">A. Whenever the records of the Department of Public Safety reflect the revocation of the driving privilege of a person as provided in subsection A of Section 6-205.1 of this title, the Department shall require the installation of an ignition interlock device, at the expense of the person, as provided in subsection D of this section, after the mandatory period of revocation, as prescribed by Section 6-205.1 of this title, for the following period, as applicable:&nbsp;</span></p> <p><span class="cls0">1. For a first revocation and if the person refused to submit to a test or tests, or had a blood or breath alcohol concentration of fifteen hundredths (0.15) or more, for a period of one and one-half (1 1/2) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer;&nbsp;</span></p> <p><span class="cls0">2. For a second revocation, for a period of four (4) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer; or&nbsp;</span></p> <p><span class="cls0">3. For a third or subsequent revocation, for a period of five (5) years following the mandatory period of revocation or until the driving privileges of the person are reinstated, whichever is longer.&nbsp;</span></p> <p><span class="cls0">B. Whenever the records of the Department of Public Safety reflect a person is classified as an excessive user of alcohol or of a combination of alcohol and any other intoxicating substance, and inimical to public safety, in accordance with rules promulgated by the Department, the person shall, upon request for reinstatement of driving privileges from revocation or suspension based upon the conviction or the status as an excessive user, provide proof of installation of an ignition interlock device approved by the Board of Tests for Alcohol and Drug Influence, at the expense of the person, as provided in subsection D of this section.&nbsp;</span></p> <p><span class="cls0">C. The Department shall require, as a condition of reinstatement, the device to be installed upon any vehicle owned or leased, as reflected on the vehicle registration, by an employer of the person for use by the person, except when the employer requests the ignition interlock device not be installed. The request shall be in writing and notarized on the official letterhead of the employer and provided by the person to the Department; provided, a request shall not be accepted by the Department under the following circumstances:&nbsp;</span></p> <p><span class="cls0">1. When the person is self-employed or owns part or all of the company or corporation, or exercises control over some part of the business which owns or leases the vehicle;&nbsp;</span></p> <p><span class="cls0">2. When the person is employed by a relative who is within the first degree of consanguinity or who resides in the same household; or&nbsp;</span></p> <p><span class="cls0">3. When the person has had a prior revocation pursuant to paragraph 2 of subsection A of Section 6-205 of this title or to Section 753 or 754 of this title.&nbsp;</span></p> <p><span class="cls0">The person shall comply with all provisions of law and rule regarding ignition interlock devices.&nbsp;</span></p> <p><span class="cls0">D. 1. The requirements of subsection A or B, as applicable, of this section shall be a prerequisite and condition for reinstatement of driving privileges, in addition to other conditions for driving privilege reinstatement provided by law or by rule of the Department. Upon request and eligibility, the Department shall issue a restricted driver license to the person, upon payment of a restricted driver license fee of Fifty Dollars ($50.00) and all other appropriate fees by the person. The restricted driver license and the driving record of the person shall indicate by an appropriate restriction that the person is only authorized to operate a vehicle upon which an ignition interlock is installed. If the person is operating a motor vehicle owned or leased by an employer who has not given permission for an ignition interlock device to be installed, the employer shall provide the person with a letter, on official letterhead of the employer, which the person shall carry in his or her immediate possession at all times when operating a motor vehicle and shall display for examination and inspection upon demand of a peace officer.&nbsp;</span></p> <p><span class="cls0">2. The restricted driver license fee authorized by this section shall be remitted to the State Treasurer to be credited to the Department of Public Safety Restricted Revolving Fund. All monies accruing to the credit of the Department of Public Safety Restricted Revolving Fund from restricted driver license fees shall be budgeted and expended solely for the purpose of administering the provisions of this section.&nbsp;</span></p> <p><span class="cls0">3. The installation of an ignition interlock device, as required by this subsection, shall not be construed to authorize the person to drive unless the person is otherwise eligible to drive.&nbsp;</span></p> <p><span class="cls0">E. Installation of an ignition interlock device pursuant to subsection A or B of this section shall run concurrently with a court order, if any, for installation of an ignition interlock device, or devices pursuant to the same conviction.&nbsp;</span></p> <p><span class="cls0">F. The person shall pay the monthly maintenance fee, not to exceed Twenty-five Dollars ($25.00) per month, for each ignition interlock device installed pursuant to this section. The person shall comply with all provisions of law regarding ignition interlock devices.&nbsp;</span></p> <p><span class="cls0">G. The ignition interlock device provider shall make available to the Department regular reports of violations, if any, for each ignition interlock device installed pursuant to this section.&nbsp;</span></p> <p><span class="cls0">H. Pursuant to Section 6-113 of this title, the Department may revoke or suspend the driving privileges of the person for reports from the provider which indicate attempts by the person to operate a motor vehicle when the person is under the influence of alcohol.&nbsp;</span></p> <p><span class="cls0">I. The Department shall promulgate rules necessary to implement and administer this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2005, c. 167, &sect; 1, eff. Nov. 1, 2005. Amended by Laws 2005, c. 394, &sect; 18, eff. Sept. 1, 2005; Laws 2011, c. 373, &sect; 5, eff. Nov. 1, 2011; Laws 2012, c. 283, &sect; 6, eff. July 1, 2012; Laws 2013, c. 393, &sect; 2, eff. Oct. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-212.4. Revocation, suspension, cancellation or denial of driving privileges.&nbsp;</span></p> <p><span class="cls0">All revocation, suspension, cancellation and/or denial periods of time of driving privileges as provided in this chapter shall be considered served upon successful graduation from an Oklahoma Drug Court Program created and administered pursuant to the Oklahoma Drug Court Act and the Oklahoma Department of Mental Health and Substance Abuse Services, unless evidence of drug and/or alcohol use occurring post-graduation is acquired by the Department of Public Safety. This waiver of time applies only to Class D driving privileges. Notwithstanding the foregoing, this section does not require the Department of Public Safety to grant driving privileges to an individual not otherwise eligible. Electronic notification of graduation from an Oklahoma Drug Court Program shall be provided to the Department of Public Safety by the court clerk in the county where said program is situated. Such electronic notification shall be consistent with the provisions of Section 18-101 of Title 47 of the Oklahoma Statutes or by any other method approved by the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 168, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-6-301. Unlawful use of license or identification card.&nbsp;</span></p> <p><span class="cls0">It shall be unlawful for any person to commit any of the acts specified in paragraph 1 or 2 of this section in relation to an Oklahoma driver license or identification card authorized to be issued by the Department of Public Safety pursuant to the provisions of Sections 6-101 through 6-309 of this title or any driver license or other evidence of driving privilege or identification card authorized to be issued by the state of origin.&nbsp;</span></p> <p><span class="cls0">1. It is a misdemeanor for any licensee:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;to display or cause or permit to be displayed one&rsquo;s own license after such license has been suspended, revoked or canceled or to possess one&rsquo;s own license after having received notice of its suspension, revocation, or cancellation,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;to lend one&rsquo;s own license or identification card to any other person or knowingly permit the use thereof by another,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;to display or cause or permit to be displayed or to possess a license or identification card issued to oneself which bears altered information concerning the date of birth, expiration date, sex, height, eye color, weight or license or card number,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;to fail or refuse to surrender to the Department upon its lawful demand any license or identification card which has been suspended, revoked or canceled,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;to permit any unlawful use of a license or identification card issued to oneself,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;to do any act forbidden or fail to perform any act required by this chapter, excepting those acts as provided in paragraph 2 of this section,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;to display or represent as one&rsquo;s own, any license or identification card not issued to such person, unless under conditions provided in subparagraph e of paragraph 2 of this section, or&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;to add to, delete from, alter, or deface the required information on a driver license or identification card.&nbsp;</span></p> <p><span class="cls0">2. It is a felony for any person:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;to create, publish or otherwise manufacture an Oklahoma or other state license or identification card or facsimile thereof, or to create, manufacture or possess an engraved plate or other such device, card, laminate, digital image or file, or software for the printing of an Oklahoma or other state license or identification card or facsimile thereof, except as authorized pursuant to this title,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;to display or cause or permit to be displayed or to knowingly possess any state counterfeit or fictitious license or identification card,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;to display or cause to be displayed or to knowingly possess any state license or identification card bearing a fictitious or forged name or signature,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;to display or cause to be displayed or to knowingly possess any state license or identification card bearing the photograph of any person, other than the person named thereon as licensee,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;to display or represent as one's own, any license or identification card not issued to him, for the purpose of committing a fraud in any commercial transaction or to mislead a peace officer in the performance of his duties, or&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;to use a false or fictitious name in any application for a license or identification card or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application.&nbsp;</span></p> <p><span class="cls0">3. It is a felony for any employee or person authorized to issue or approve the issuance of licenses or identification cards under this title to knowingly issue or attempt to issue a license or identification card or to knowingly give approval for, cause, or attempt to cause a license or identification card to be issued:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;to a person not entitled thereto,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;bearing erroneous information thereon, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;bearing the photograph of a person other than the person named thereon.&nbsp;</span></p> <p><span class="cls0">Such conduct shall be grounds for termination of employment of the employee.&nbsp;</span></p> <p><span class="cls0">4. The violation of any of the provisions of paragraph 1 of this section shall constitute a misdemeanor and shall, upon conviction thereof, be punishable by a fine of not less than Twentyfive Dollars ($25.00), nor more than Two Hundred Dollars ($200.00); the violation of any of the provisions of paragraph 2 or 3 of this section shall constitute a felony and shall, upon conviction thereof, be punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00) or a term of imprisonment in the State Penitentiary not to exceed seven (7) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">5. Notwithstanding any provision of this section, the Commissioner of the Department of Public Safety may, upon the request of the chief administrator of a law enforcement, military, or intelligence agency, authorize the issuance to and display, and possession by a person of a license which would otherwise be a violation of this section, for the sole purpose of aiding in a criminal investigation or a military or intelligence operation. While acting pursuant to such authorization by the Commissioner, such person shall not be prosecuted for a violation under this section. Upon termination of such investigation or operation or upon request of the Commissioner, the chief administrator shall forthwith cause such license to be returned to the Commissioner.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 351, &sect; 6-301, eff. Sept. 1, 1961. Amended by Laws 1980, c. 131, &sect; 1, emerg. eff. April 14, 1980; Laws 1985, c. 45, &sect; 9, eff. Jan. 1, 1986; Laws 1990, c. 219, &sect; 41, eff. Jan. 1, 1991; Laws 1997, c. 133, &sect; 477, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, &sect; 344, eff. July 1, 1999; Laws 2001, c. 216, &sect; 2, eff. Nov. 1, 2001; Laws 2001, 1st Ex. Sess., c. 2, &sect; 2, emerg. eff. Oct. 8, 2001; Laws 2002, c. 86, &sect; 5, emerg. eff. April 17, 2002; Laws 2003, c. 392, &sect; 18, eff. July 1, 2003; Laws 2004, c. 149, &sect; 8, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex. Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 477 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;476302. Making false affidavit perjury.&nbsp;</span></p> <p><span class="cls0">Any person who makes any false affidavit, or knowingly swears or affirms falsely to any matter or thing required by the terms of this chapter to be sworn to or affirmed, is guilty of perjury and upon conviction shall be punishable by fine or imprisonment as other persons committing perjury are punishable.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 351, &sect; 6302. &nbsp;</span></p> <p><span class="cls0">&sect;47-6-303. Driving without license or while license is canceled, denied, suspended, or revoked - Penalties.&nbsp;</span></p> <p><span class="cls0">A. No person shall operate a motor vehicle upon the public roads, streets, highways, turnpikes or other public place of this state without having a valid driver license for the class of vehicle being operated from the Department of Public Safety, except as herein specifically exempted.&nbsp;</span></p> <p><span class="cls0">Any violation of the provisions of this subsection shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars ($300.00) plus costs or by imprisonment for not more than thirty (30) days, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Any person charged with violating this section who produces in court, on or before the court date, a renewal or replacement driver license issued to him or her shall be entitled to dismissal of such charge without payment of court costs and fine.&nbsp;</span></p> <p><span class="cls0">B. Any person who drives a motor vehicle on any public roads, streets, highways, turnpikes or other public place of this state at a time when the person&rsquo;s privilege to do so is canceled, denied, suspended or revoked or at a time when the person is disqualified from so doing shall be guilty of a misdemeanor and upon conviction shall be punished by a fine:&nbsp;</span></p> <p><span class="cls0">1. For a first conviction, of not less than One Hundred Dollars ($100.00) and not more than Five Hundred Dollars ($500.00);&nbsp;</span></p> <p><span class="cls0">2. For a second conviction, of not less than Two Hundred Dollars ($200.00) and not more than Seven Hundred Fifty Dollars ($750.00); or&nbsp;</span></p> <p><span class="cls0">3. For a third and subsequent conviction, of not less than Three Hundred Dollars ($300.00) and not more than One Thousand Dollars ($1,000.00),&nbsp;</span></p> <p><span class="cls0">or by imprisonment for not more than one (1) year or by both such fine and imprisonment. Each act of driving on the highways as prohibited shall constitute a separate offense.&nbsp;</span></p> <p><span class="cls0">C. Any person who drives a motor vehicle on any public roads, streets, highways, turnpikes or other public roads of this state at a time when the driving privilege of that person is canceled, denied, suspended or revoked, pursuant to paragraph 1 of subsection A of Section 6-205.1 of this title, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine:&nbsp;</span></p> <p><span class="cls0">1. For a first conviction, of not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00);&nbsp;</span></p> <p><span class="cls0">2. For a second conviction, of not less than One Thousand Dollars ($1,000.00) and not more than Two Thousand Dollars ($2,000.00); or&nbsp;</span></p> <p><span class="cls0">3. For a third and subsequent conviction, of not less than Two Thousand Dollars ($2,000.00) and not more than Five Thousand Dollars ($5,000.00),&nbsp;</span></p> <p><span class="cls0">or by imprisonment for not more than one (1) year or by both such fine and imprisonment. Each act of driving on the highways as prohibited shall constitute a separate offense.&nbsp;</span></p> <p><span class="cls0">D. The Department, upon receiving a record of conviction of an offense committed by any person whose license or privilege to operate motor vehicles is under suspension or revocation, shall extend the period of such suspension or revocation for an additional three-month period of time. The additional orders of suspension or revocation shall be dated and become effective the day following the date terminating the prior order of suspension or revocation.&nbsp;</span></p> <p><span class="cls0">E. The Department, upon receiving a record of conviction of an offense committed by any person whose license or privilege to operate motor vehicles is under revocation, pursuant to paragraph 1, 2, or 3 of subsection A of Section 6-205.1 of this title, shall extend the period of such revocation for an additional four-month period of time. The additional orders of revocation shall be dated and become effective the day following the date terminating the prior order of revocation.&nbsp;</span></p> <p><span class="cls0">F. The Department, upon receiving a record of conviction for a person convicted of an offense specified in Section 3 of this act, shall extend the period of such suspension, revocation or denial of driving privilege for an additional twelve-month period of time. The additional orders of suspension, revocation or denial of driving privilege shall be dated and become effective the day following the date terminating the prior order of suspension, revocation or denial of driving privilege.&nbsp;</span></p> <p><span class="cls0">G. It shall be a misdemeanor punishable by imprisonment for not less than seven (7) days nor more than six (6) months, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment, for any person to apply for a renewal or a replacement license to operate a motor vehicle while the person&rsquo;s license, permit or other evidence of driving privilege is in the custody of a law enforcement officer or the Department. A notice regarding this offense and the penalty therefor shall be included on the same form containing the notice of revocation issued by the officer.&nbsp;</span></p> <p><span class="cls0">H. Any fine collected pursuant to a second or subsequent conviction, as provided in subsections B and C of this section, shall be deposited to the Trauma Care Assistance Revolving Fund created in Section 1-2530.9 of Title 63 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 351, &sect; 6-303, eff. Sept. 1, 1961. Amended by Laws 1967, c. 229, &sect; 1, emerg. eff. May 2, 1967; Laws 1968, c. 176, &sect; 1, emerg. eff. April 15, 1968; Laws 1982, c. 273, &sect; 3, operative Oct. 1, 1982; Laws 1984, c. 254, &sect; 3, eff. Nov. 1, 1984; Laws 1988, c. 242, &sect; 8, eff. Nov. 1, 1988; Laws 1990, c. 219, &sect; 42, eff. Jan. 1, 1991; Laws 1993, c. 97, &sect; 5, eff. Sept. 1, 1993; Laws 2001, c. 337, &sect; 1, eff. Nov. 1, 2001; Laws 2002, c. 86, &sect; 6, emerg. eff. April 17, 2002; Laws 2004, c. 387, &sect; 1, eff. Nov. 1, 2004; Laws 2005, c. 1, &sect; 52, emerg. eff. March 15, 2005; Laws 2007, c. 326, &sect; 13, eff. Nov. 1, 2007; Laws 2009, c. 155, &sect; 2, eff. July 1, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 2004, c. 390, &sect; 9 repealed by Laws 2005, c. 1, &sect; 53, emerg. eff. March 15, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;476304. Permitting unauthorized minor to drive.&nbsp;</span></p> <p><span class="cls0">No person shall cause or knowingly permit his child or ward under the age of sixteen years to drive a motor vehicle upon any highway when such minor is not authorized hereunder or in violation of any of the provisions of this chapter.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 352, &sect; 6304. &nbsp;</span></p> <p><span class="cls0">&sect;476305. Permitting unauthorized person to drive.&nbsp;</span></p> <p><span class="cls0">No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any highway by any person who is not authorized hereunder or in violation of any of the provisions of this chapter.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 352, &sect; 6305. &nbsp;</span></p> <p><span class="cls0">&sect;476306. Employer permitting unlicensed or improperly licensed person to drive.&nbsp;</span></p> <p><span class="cls0">No employer shall permit a person to operate a motor vehicle under his control unless the person has a valid license for the class of vehicle being operated.&nbsp;</span></p> <p><span class="cls0">Amended by Laws 1990, c. 219, &sect; 43, eff. Jan. 1, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;476307. Liability for knowingly permitting the operation by a person not qualified.&nbsp;</span></p> <p><span class="cls0">Any person as herein defined, who is the owner of any motor vehicle and knowingly permits such motor vehicle to be operated by any person who is not qualified to operate a motor vehicle under the provisions of this act, shall be held civilly liable as a joint tortfeasor for any unlawful act committed by such operator.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 352, &sect; 6307. &nbsp;</span></p> <p><span class="cls0">&sect;476308. Penalty for misdemeanor.&nbsp;</span></p> <p><span class="cls0">A. It is a misdemeanor for any person to violate any of the provisions of Section 6-101 et seq. of this title unless such violation is by Section 6-101 et seq. of this title or other law of this state declared to be a felony.&nbsp;</span></p> <p><span class="cls0">B. Unless another penalty is in Section 6-101 et seq. of this title or by laws of this state provided, every person convicted of a misdemeanor for the violation of any provision of Section 6-101 et seq. of this title shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. The Department of Public Safety may, in addition to the penalty above, suspend for a period not exceeding thirty (30) days the registration certificate of a motor vehicle owned by any person who permits said vehicle to be used in violation of Section 6304, 6305 or 6306 of this title. The Department may suspend, for a period of not to exceed six (6) months, the registration certificate of any motor vehicle, when the owner permits said vehicle to be operated by an individual whose driving privilege is under denial, cancellation, suspension or revocation.&nbsp;</span></p> <p><span class="cls0">Laws 1961, p. 352, &sect; 6-308, eff. Sept. 1, 1961; Laws 1992, c. 217, &sect; 15, eff. July 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-6-309. Operation of Class D motor vehicle under Class A, B or C commercial license.&nbsp;</span></p> <p><span class="cls0">Notwithstanding any other provision of law, any person who lawfully possesses a valid Oklahoma Class A, B or C commercial license shall be entitled to operate a Class D motor vehicle or motorcycle or motor-driven cycle in accordance with the driver license granted and the endorsements thereon until the expiration of said license, except for any period of time in which the license has been canceled, suspended or revoked.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1990, c. 219, &sect; 45, eff. Jan. 1, 1991. Amended by Laws 1992, c. 217, &sect; 16, eff. July 1, 1992; Laws 1993, c. 97, &sect; 6, eff. Sept. 1, 1993; Laws 1995, c. 23, &sect; 10, eff. Nov. 1, 1995; Laws 2004, c. 521, &sect; 6, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;477101. Commissioner of public safety to administer chapter.&nbsp;</span></p> <p><span class="cls0">(a) The Commissioner of Public Safety shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration.&nbsp;</span></p> <p><span class="cls0">(b) The Commissioner shall provide for hearings upon request of persons aggrieved by orders or acts of the Commissioner under the provisions of this act.&nbsp;</span></p> <p><span class="cls0">(c) The Commissioner shall prescribe and provide suitable forms requisite or deemed necessary for the purposes of this chapter.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 352, &sect; 7101. &nbsp;</span></p> <p><span class="cls0">&sect;477102. Court review.&nbsp;</span></p> <p><span class="cls0">Any order or act of the Department of Public Safety under the provisions of this chapter shall be subject to review, at the instance of any party in interest, by appeal to the district court as provided for in Section 6-211 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 353, &sect; 7102, eff. Sept. 1, 1961. Amended by Laws 2000, c. 189, &sect; 3, eff. July 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-103. Definitions.&nbsp;</span></p> <p><span class="cls0">The following words and phrases when used in Title 47 of the Oklahoma Statutes shall have the meanings respectively ascribed to them in this section:&nbsp;</span></p> <p><span class="cls0">1. "Judgment" means any judgment which shall have become final by expiration without appeal in the time within which an appeal might have been perfected, or by final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action arising out of the ownership, maintenance or use of any vehicle subject to registration under the laws of this state, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a cause of action on an agreement of settlement for the damages;&nbsp;</span></p> <p><span class="cls0">2. "Minimum liability insurance limits" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;for vehicle liability policies issued or renewed before April 1, 2005:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;a limit of not less than Ten Thousand Dollars ($10,000.00) because of bodily injury to or death of one person in any one accident,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;subject to the limit for one person as prescribed in subparagraph a of this paragraph, a limit of not less than Twenty Thousand Dollars ($20,000.00) because of bodily injury to or death of two or more persons in any one accident, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;if the accident has resulted in injury to or destruction of property, a limit of not less than Ten Thousand Dollars ($10,000.00) because of injury to or destruction of property of others in any one accident, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;for vehicle liability policies issued or renewed on or after April 1, 2005:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;a limit of not less than Twenty-five Thousand Dollars ($25,000.000) because of bodily injury to or death of one person in any one accident,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;subject to the limit for one person as prescribed in subparagraph a of this paragraph, a limit of not less than Fifty Thousand Dollars ($50,000.00) because of bodily injury to or death of two or more persons in any one accident, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;if the accident has resulted in injury to or destruction of property to a limit of not less than Twenty-five Thousand Dollars ($25,000.00) because of injury to or destruction of property of others in any one accident;&nbsp;</span></p> <p><span class="cls0">3. "Motor vehicle liability policy" means an owner's policy or operator's policy of liability, as defined in this chapter, issued by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured. With respect to a policy which grants coverage in excess of or in addition to minimum liability insurance limits, the term motor vehicle liability policy shall apply only to that part of the coverage which is required by minimum liability insurance limits; and&nbsp;</span></p> <p><span class="cls0">4. "Proof of financial responsibility" means proof of ability to respond in damages for liability at the minimum liability insurance limits:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;resulting from accidents occurring subsequent to the effective date of the proof,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;arising out of the ownership, maintenance or use of a vehicle subject to registration under the laws of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 62, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-116. Damage limitation - Compulsory Insurance Law.&nbsp;</span></p> <p><span class="cls0">A. Except as provided in subsection B of this section, in any civil action to recover damages arising out of an accident involving the operation of a motor vehicle or for any claim against the motor vehicle liability insurance coverage of another party, the maximum amount that a plaintiff or claimant may receive, if the plaintiff or claimant is not in compliance with the Compulsory Insurance Law, shall be limited to the amount of medical costs, property damage, and lost income and shall not include any award for pain and suffering.&nbsp;</span></p> <p><span class="cls0">B. The limitations provided for in subsection A of this section shall not apply:&nbsp;</span></p> <p><span class="cls0">1. If the plaintiff or claimant was injured by a motorist who at the time of the accident was operating or using a motor vehicle while under the influence of drugs or alcohol in violation of any provision of law relating to the illegal operation or use of a motor vehicle while under the influence of drugs or alcohol, and that motorist:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;was convicted of, or pled guilty or nolo contendere to, the offense, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;dies as a result of the accident if it is proven by a preponderance of the evidence that the motorist was operating or using the motor vehicle while under the influence of drugs or alcohol in violation of any provision of law relating to the illegal operation or use of a motor vehicle while under the influence of drugs or alcohol;&nbsp;</span></p> <p><span class="cls0">2. If the plaintiff or claimant was a passenger in a motor vehicle involved in the accident, unless the plaintiff or claimant is an owner of the vehicle;&nbsp;</span></p> <p><span class="cls0">3. If the plaintiff or claimant was not in any motor vehicle involved in the accident;&nbsp;</span></p> <p><span class="cls0">4. To wrongful death claims;&nbsp;</span></p> <p><span class="cls0">5. If the motorist who caused the accident:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;intentionally caused the accident,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;left the scene of the accident, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;at the time of the accident, was acting in furtherance of the commission of a felony;&nbsp;</span></p> <p><span class="cls0">6. If, at the time of the accident, the plaintiff or claimant was claimed as a dependent on the federal income tax return of one or both parents of the plaintiff or claimant and the parent or parents were not in compliance with the Compulsory Insurance Law; or&nbsp;</span></p> <p><span class="cls0">7. If, at the time of the accident, the plaintiff or claimant previously had been covered by an insurance policy meeting the requirements of the Compulsory Insurance Law that was terminated or nonrenewed for failure to pay the premium, unless at least thirty (30) days prior to the accident notice of termination was sent to the last-known mailing address of the policyholder.&nbsp;</span></p> <p><span class="cls0">C. Each person who is involved in the accident which is the basis for the action or claim by the plaintiff or claimant and who is found liable for damages to the plaintiff or claimant may assert the limitation of recovery provided for in subsection A of this section, unless the provisions of subsection B of this section apply. The motor vehicle liability insurer of the person asserting the limitation of recovery also may assert the limitation.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2011, c. 366, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;477201. Application of Article II.&nbsp;</span></p> <p><span class="cls0">The provisions of this chapter, requiring deposit of security, filing of proof of financial responsibility, and suspensions for failure to deposit security or file proof of financial responsibility, subject to certain exemptions, shall apply to the driver and owner of any vehicle of a type subject to registration under the motor vehicle laws of this state which is in any manner involved in an accident upon the highways and elsewhere throughout the state, which accident has resulted in bodily injury to or death of any person or damage to the property of any one person in excess of Three Hundred Dollars ($300.00).&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 353, &sect; 7201; Laws 1965, c. 187, &sect; 1, emerg. eff. June 8, 1965; Laws 1972, c. 160, &sect; 1; Laws 1980, c. 100, &sect; 1, eff. Oct. 1, 1980; Laws 1980, c. 235, &sect; 1, eff. Jan. 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;47-7-202. Department to determine amount of security required - Notices.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety, not less than twenty (20) days after receipt of a report of an accident, as described in Section 7-201 of this title, shall determine the amount of security which shall be sufficient in its judgment to satisfy any judgment or judgments for damages resulting from the accident, based on the reports or other information submitted to the Department, as may be recovered against each driver or owner. The determination shall not be made with respect to drivers or owners who are exempt under Section 7-203 of this title from the requirements as to security and suspension.&nbsp;</span></p> <p><span class="cls0">B. The Department, not less than fifty (50) days after receipt of report of an accident as described in Section 7-201 of this title and upon determining the amount of security to be required of any person involved in the accident or to be required of the owner of any vehicle involved in the accident shall give written notice pursuant to the provisions of Section 2-116 of this title to every person of the amount of security required to be deposited by him or her and that an order of suspension will be made to become effective upon the expiration of ten (10) days after the sending of the notice unless within that time security be deposited as required by the notice.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 354, &sect; 7-202, eff. Sept. 1, 1961. Amended by Laws 1986, c. 279, &sect; 17, operative July 1, 1986; Laws 2009, c. 62, &sect; 2, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-203. Exceptions to requirement of security.&nbsp;</span></p> <p><span class="cls0">The provisions in this chapter requiring security, proof of financial responsibility, and suspension in this article shall not apply:&nbsp;</span></p> <p><span class="cls0">1. To the driver or owner if the owner had in effect at the time of the accident a motor vehicle liability policy with respect to the vehicle involved in the accident; provided, a driver shall not be exempt under this paragraph if at the time of the accident the vehicle was being operated without the permission, express or implied, of the owner;&nbsp;</span></p> <p><span class="cls0">2. To the driver, if not the owner of the vehicle involved in the accident, if there was in effect at the time of the accident a motor vehicle liability policy with respect to the operation of vehicles not owned by the driver;&nbsp;</span></p> <p><span class="cls0">3. To a driver or owner whose liability for damages resulting from the accident is, in the judgment of the Department, covered by any other form of motor vehicle liability insurance policy;&nbsp;</span></p> <p><span class="cls0">4. To any person qualifying as a selfinsurer under Section 7503 of this title or to any person operating a vehicle for the self-insurer;&nbsp;</span></p> <p><span class="cls0">5. To the driver or the owner of a vehicle involved in an accident wherein no injury or damage was caused to the person or property of anyone other than the driver or owner, unless the vehicle is being operated without the permission of the owner, express or implied;&nbsp;</span></p> <p><span class="cls0">6. To the driver or owner of a vehicle which at the time of the accident was parked, unless the vehicle was parked at a place where parking was at the time of the accident prohibited under any applicable law or ordinance;&nbsp;</span></p> <p><span class="cls0">7. To the owner of a vehicle if at the time of the accident the vehicle was being operated without the permission of the owner, express or implied, or was parked by a person who had been operating the vehicle without permission of the owner, express or implied;&nbsp;</span></p> <p><span class="cls0">8. To the owner of a vehicle involved in an accident if at the time of the accident the vehicle was owned by or leased to the United States, this state or any political subdivision of this state or a municipality thereof, or to the driver of the vehicle if operating the vehicle with permission; or&nbsp;</span></p> <p><span class="cls0">9. To the driver or the owner of a vehicle if at the time of the accident the vehicle was being operated by or under the direction of a peace officer who, in the performance of his or her duties, shall have assumed custody of the vehicle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 354, &sect; 7-203. Amended by Laws 1965, c. 187, &sect; 2, emerg. eff. June 8, 1965; Laws 2009, c. 62, &sect; 3, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-204. Policy requirements.&nbsp;</span></p> <p><span class="cls0">A. No motor vehicle liability policy shall be considered effective to provide any exemption under Section 7-203 of this title unless;&nbsp;</span></p> <p><span class="cls0">1. The policy is issued by an insurance company authorized to do business in this state, except as provided in subsection B of this section; and&nbsp;</span></p> <p><span class="cls0">2. The policy provides, if the accident has resulted in bodily injury or death or property injury or destruction, exclusive of interest and costs, not less than minimum liability insurance limits.&nbsp;</span></p> <p><span class="cls0">B. No motor vehicle liability policy shall be considered effective to provide any exemption under Section 7-203 of this title with respect to any vehicle which was not registered in this state at the effective date of the policy or the most recent renewal thereof, unless the insurance company issuing the policy is authorized to do business in this state or in the state of registration.&nbsp;</span></p> <p><span class="cls0">C. The Department of Public Safety may rely upon the accuracy of the information in a required report of an accident as to the existence of a motor vehicle liability policy unless and until the Department has reason to believe that the information is erroneous.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 355, &sect; 7-204, eff. Sept. 1, 1961. Amended by Laws 1980, c. 235, &sect; 2, eff. Jan. 1, 1981; Laws 2004, c. 519, &sect; 31, eff. Nov. 1, 2004; Laws 2009, c. 62, &sect; 4, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-205. Form and amount of security.&nbsp;</span></p> <p><span class="cls0">A. The security required under this chapter shall be in the form and in the amount the Department of Public Safety requires, but in no case in excess of minimum liability insurance limits.&nbsp;</span></p> <p><span class="cls0">B. Every depositor of security shall designate in writing every person in whose name the deposit is made and may at any time change the designation, but any single deposit of security shall be applicable only on behalf of persons required to furnish security because of the same accident.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 355, &sect; 7-205. Amended by Laws 2009, c. 62, &sect; 5, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-206. Failure to deposit security and file proof of financial responsibility.&nbsp;</span></p> <p><span class="cls0">In the event that any person required to deposit security and file proof of financial responsibility under this article fails to deposit such security and file such proof of financial responsibility within ten (10) days after the Department of Public Safety has sent the notice as hereinbefore provided, the Department shall thereupon suspend the driving privilege of each driver in any manner involved in the accident.&nbsp;</span></p> <p><span class="cls0">The suspension shall be made in respect to each person required by the Department to deposit security who fails to deposit such security, except as otherwise provided in Section 7-207, 7-208, 7-209, or 7-210 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 355, &sect; 7-206, eff. Sept. 1, 1961. Amended by Laws 1965, c. 187, &sect; 3, emerg. eff. June 8, 1965; Laws 2009, c. 62, &sect; 6, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-207. Release from liability.&nbsp;</span></p> <p><span class="cls0">A. A person shall be relieved from the requirement for deposit of security for the benefit or protection of another person injured or damaged in the accident, provided he or she has given proof of financial responsibility, in the event he or she is released from liability by the other person.&nbsp;</span></p> <p><span class="cls0">B. A covenant not to sue shall relieve the parties thereto as to each other from the security requirements of this chapter.&nbsp;</span></p> <p><span class="cls0">C. In the event the Department of Public Safety has received medical evidence that the injuries or damage to any minor are in an amount not more than Two Hundred Dollars ($200.00), the Department may accept, for the purposes of this article only, evidence of a release from liability executed by a custodial parent or a legal guardian on behalf of the minor without the approval of any court or judge.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 355, &sect; 7-207. Amended by Laws 1965, c. 187 &sect; 4, emerg. eff. June 8, 1965; Laws 2009, c. 62, &sect; 7, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;477208. Adjudication of nonliability.&nbsp;</span></p> <p><span class="cls0">A person shall be relieved from the requirement for deposit of security in respect to a claim for injury or damage arising out of the accident in the event such person has been finally adjudicated not to be liable in respect to such claim.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 356, &sect; 7208. &nbsp;</span></p> <p><span class="cls0">&sect;47-7-209. Agreements for payment of damages.&nbsp;</span></p> <p><span class="cls0">A. Any two or more of the persons involved in or affected by an accident, as described in Section 7-201 of this title, may at any time enter into a written agreement for the payment of an agreed amount with respect to all claims of any of the persons because of bodily injury to or death or property damage arising from the accident, which agreement may provide for payment in installments, and may file a signed copy thereof with the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">B. The Department, to the extent provided by the written agreement filed with it, shall not require the deposit of security and shall terminate any prior order of suspension, provided that proof of financial responsibility has been filed; provided, if security has previously been deposited, the Department shall immediately return the security to the depositor or to the personal representative of the depositor.&nbsp;</span></p> <p><span class="cls0">C. Upon notice to the Department of a default in any payment under the agreement, the Department shall take action suspending the driving privilege of the person in default as in the same manner as for failure of the person to deposit security when required under this chapter. When reporting a default, the amount already paid and the outstanding balance shall be provided to the Department. Provided, this subsection shall not be deemed to require any party to the agreement to make notice to the Department of a default of any payment.&nbsp;</span></p> <p><span class="cls0">D. The suspension provided for in subsection C of this section shall remain in effect and the driving privilege of the person shall not be restored unless and until:&nbsp;</span></p> <p><span class="cls0">1. Security is deposited and proof of financial responsibility is filed as required under this chapter, the security to be in such amount as the Department may then determine;&nbsp;</span></p> <p><span class="cls0">2. The person in default has paid the balance of the agreed amount; or&nbsp;</span></p> <p><span class="cls0">3. One (1) year has elapsed following the effective date of the suspension and evidence satisfactory to the Department has been filed with it that during the one-year period no action at law upon the agreement has been instituted and is pending.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 356, &sect; 7-209. Amended by Laws 1965, c. 187, &sect; 5, emerg. eff. June 8, 1965; Laws 2009, c. 62, &sect; 8, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-210. Payment upon judgment.&nbsp;</span></p> <p><span class="cls0">The payment of a judgment arising out of an accident or the payment upon the judgment of an amount equal to the maximum amount which could be required for deposit under this chapter shall, for the purposes of this chapter, release the judgment debtor from the liability evidenced by the judgment, provided that the person has filed proof of financial responsibility.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 356, &sect; 7-210. Amended by Laws 1965, c. 187, &sect; 6, emerg. eff. June 8, 1965; Laws 2009, c. 62, &sect; 9, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;477211. Termination of security requirement.&nbsp;</span></p> <p><span class="cls0">The Department, if satisfied as to the existence of any fact which under Sections 7207, 7208, 7209 or 7210 would entitle a person to be relieved from the security requirements of this chapter, shall not require the deposit of security by the person so relieved from such requirement and shall terminate any prior order of suspension in respect to such person, provided that he has filed proof of financial responsibility, or, if security has previously been deposited by such person, the Department shall immediately return such deposit to such person or to his personal representative.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 356, &sect; 7211; Laws 1965, c. 187, &sect; 7, emerg. eff. June 8, 1965. &nbsp;</span></p> <p><span class="cls0">&sect;47-7-212. Duration of suspension.&nbsp;</span></p> <p><span class="cls0">Unless a suspension is terminated under other provisions of this chapter, any order of suspension by the Department of Public Safety under this chapter shall remain in effect and no license shall be renewed for or issued to any person whose driving privilege is suspended until:&nbsp;</span></p> <p><span class="cls0">1. The person shall deposit and file or there shall be deposited and filed on behalf of the person the security and proof of financial responsibility required under this chapter, or&nbsp;</span></p> <p><span class="cls0">2. One (1) year shall have elapsed following the date of the suspension and evidence satisfactory to the Department has been filed with it that during the one-year period no action for damages arising out of the accident resulting in the suspension has been instituted, provided, the person has filed the required proof of financial responsibility.&nbsp;</span></p> <p><span class="cls0">An affidavit of the applicant that no action at law for damages arising out of the accident has been filed against him or her or, if filed, that it is not still pending shall be prima facie evidence of that fact. The Department may take whatever steps are necessary to verify the statement set forth in the affidavit.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 356, &sect; 7-212. Amended by Laws 1965, c. 187, &sect; 8, emerg. eff. June 8, 1965; Laws 2009, c. 62, &sect; 10, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-213. Application to nonresidents, unlicensed drivers, unregistered vehicles and accidents in other states.&nbsp;</span></p> <p><span class="cls0">A. In case the driver or the owner of a vehicle subject to registration under the laws of this state involved in an accident within this state has no driver license in this state, then the driver shall be denied a driver license until he or she has complied with the requirements of this chapter to the same extent that would be necessary if, at the time of the accident, he or she had held a driver license in this state.&nbsp;</span></p> <p><span class="cls0">B. When a nonresident's driving privilege is suspended pursuant to Section 7-206 of this title, the Department of Public Safety shall transmit a copy of the record of the action to the official in charge of the issuance of driver licenses in the state in which the nonresident resides.&nbsp;</span></p> <p><span class="cls0">C. Upon receipt of a copy of a record from another state that the driving privilege of a resident of this state has been suspended or revoked in the other state for failure to deposit security for the payment of judgments arising out of a motor vehicle accident, or for failure to give and maintain proof of financial responsibility, under circumstances which would require the Department to suspend the driving privilege of the person had the accident occurred in this state, the Department shall suspend the driving privilege of the resident if he or she was the driver determined to be at fault in the accident. The suspension shall continue until the resident furnishes evidence of his or her compliance with the law of the other state relating to the deposit of such security or files proof of financial responsibility.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 357, &sect; 7-213. Amended by Laws 1965, c. 187, &sect; 9, emerg. eff. June 8, 1965; Laws 2009, c. 62, &sect; 11, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-214. Authority of Department to decrease amount of security.&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety may reduce the amount of security ordered in any case within one (1) year after the date of the accident if in its judgment the amount ordered is excessive. In case the security originally ordered has been deposited, the excess deposit over the reduced amount ordered shall be returned forthwith to the depositor or the personal representative of the depositor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 357, &sect; 7-214. Amended by Laws 2009, c. 62, &sect; 12, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-215. Correction of action of Department.&nbsp;</span></p> <p><span class="cls0">Whenever the Department of Public Safety has taken any action or has failed to take any action under this article by reason of having received erroneous information or no information, then, upon receiving further information within one (1) year after the date of an accident, the Department shall take appropriate action to carry out the purposes and effect of this article. Provided, this section shall not be deemed to require the Department to reevaluate the amount of any deposit required under this article.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 357, &sect; 7-215. Amended by Laws 2009, c. 62, &sect; 13, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-216. Custody of security.&nbsp;</span></p> <p><span class="cls0">The Department shall place any negotiable security, or security issued in bearer form, deposited with it under this chapter in the custody of the State Treasurer. Receipts or other documents evidencing the existence of a security shall be retained by the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 357, &sect; 7-216, eff. Sept. 1, 1961. Amended by Laws 1998, c. 85, &sect; 2, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;477217. Disposition of security.&nbsp;</span></p> <p><span class="cls0">Such security shall be applicable and available only&nbsp;</span></p> <p><span class="cls0">1. For the payment of any settlement agreement covering any claim arising out of the accident upon instruction of the person who made the deposit, or&nbsp;</span></p> <p><span class="cls0">2. For the payment of a judgment or judgments, rendered against the person required to make the deposit, for damages arising out of the accident in an action at law begun not later than one (1) year after the deposit of such security, or within one (1) year after the date of deposit of any security following failure to make payments under an agreement to pay.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 357, &sect; 7217. &nbsp;</span></p> <p><span class="cls0">&sect;477218. Return of deposit.&nbsp;</span></p> <p><span class="cls0">Upon the expiration of one (1) year from the date of any deposit of security, any security remaining on deposit shall be returned to the person who made such deposit or to his personal representative if an affidavit or other evidence satisfactory to the Department has been filed with it:&nbsp;</span></p> <p><span class="cls0">1. That no action for damages arising out of the accident for which deposit was made is pending against any person on whose behalf the deposit was made, and&nbsp;</span></p> <p><span class="cls0">2. That there does not exist any unpaid judgment rendered against any such person in such an action.&nbsp;</span></p> <p><span class="cls0">The foregoing provisions of this section shall not be construed to limit the return of any deposit of security under any other provision of this chapter authorizing such return.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 357, &sect; 7218. &nbsp;</span></p> <p><span class="cls0">&sect;477219. Matters not to be evidence in civil suits.&nbsp;</span></p> <p><span class="cls0">The report required following an accident, the action taken by the Department pursuant to this chapter, the findings, if any, of said Department upon which such action is based, and the security filed as provided in this chapter shall not be referred to in any way and shall not be any evidence of the negligence or due care of either party at the trial of any action at law to recover damages.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 358, &sect; 7219. &nbsp;</span></p> <p><span class="cls0">&sect;47-7-301. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-302. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-303. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-304. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-305. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-306. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-307. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;477308. When courts to report nonpayment of judgments.&nbsp;</span></p> <p><span class="cls0">Whenever any person fails within thirty (30) days to satisfy any judgment, then upon the written request of the judgment creditor or his attorney it shall be the duty of the clerk of the court, or of the judge of a court which has no clerk, in which any such judgment is rendered within this state to forward to the Department immediately upon such request a certified copy of such judgment.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 359, &sect; 7308. &nbsp;</span></p> <p><span class="cls0">&sect;47-7-309. Further action with respect to nonresidents.&nbsp;</span></p> <p><span class="cls0">If the defendant named in any certified copy of a judgment reported to the Department of Public Safety, as prescribed in Section 7-308 of this title, is a nonresident, then the Department shall transmit a certified copy of the judgment to the official in charge of the issuance of driver licenses of the state of which the defendant is a resident.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 359, &sect; 7-309. Amended by Laws 2009, c. 62, &sect; 14, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-310. Suspension for nonpayment of judgments.&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety, upon receipt of a certified copy of a judgment as prescribed in Section 7-308 of this title and a certificate of facts relative to such judgment, on a form provided by the Department, shall forthwith suspend the driving privilege of any person against whom the judgment was rendered, except as hereinafter otherwise provided in this chapter.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 359, &sect; 7-310. Amended by Laws 2009, c. 62, &sect; 15, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;477311. Exception in relation to government vehicles.&nbsp;</span></p> <p><span class="cls0">The provisions of Section 7310 shall not apply with respect to any such judgment arising out of an accident caused by the ownership or operation, with permission, of a vehicle owned or leased to the United States, this state or any political subdivision of this state or a municipality thereof.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 359, &sect; 7311. &nbsp;</span></p> <p><span class="cls0">&sect;47-7-312. Exception when consent granted by judgment creditor.&nbsp;</span></p> <p><span class="cls0">If the judgment creditor consents in writing, in a manner as the Department of Public Safety may prescribe, that the judgment debtor be allowed to continue his or her driving privilege, the same may be allowed by the Department, in its discretion, for at least six (6) months from the date of the consent and thereafter until the consent is revoked in writing, notwithstanding default in the payment of the judgment, or of any installments thereof, as prescribed in Section 7-317 of this title, provided the judgment debtor furnishes proof of financial responsibility.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 359, &sect; 7-312. Amended by Laws 2009, c. 62, &sect; 16, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-313. Exception when insurer liable.&nbsp;</span></p> <p><span class="cls0">No driving privilege of any person shall be suspended under the provisions of this chapter if the Department of Public Safety shall find that an insurer was obligated to pay the judgment, at least to the extent and for the amounts required in this chapter, upon which the suspension is based but has not paid the judgment for any reason. A finding by the Department that an insurer is obligated to pay a judgment shall not be binding upon the insurer and shall have no legal effect whatever except for the purpose of administering this section. Whenever in any judicial proceedings it shall be determined by any final judgment, decree or order that an insurer is not obligated to pay the judgment, the Department, notwithstanding any contrary finding theretofore made by it, shall forthwith suspend the driving privilege of any person against whom the judgment was rendered, as provided in Section 7-310 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 360, &sect; 7-313. Amended by Laws 2009, c. 62, &sect; 17, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-314. Suspension to continue until judgments paid and proof given.&nbsp;</span></p> <p><span class="cls0">The driving privilege of any person which has been suspended under the provisions of Section 7-313 of this title shall remain suspended and shall not be reinstated, nor shall any driver license be thereafter issued in the name of the person, including any person not previously licensed:&nbsp;</span></p> <p><span class="cls0">1. Unless and until every judgment is stayed or satisfied in full or to the extent hereinafter provided; and&nbsp;</span></p> <p><span class="cls0">2. Until the person gives proof of financial responsibility subject to the exemptions stated in Sections 7-312, 7-313 and 7-317 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 360, &sect; 7-314. Amended by Laws 2009, c. 62, &sect; 18, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;477315. Discharge in bankruptcy.&nbsp;</span></p> <p><span class="cls0">A discharge in bankruptcy following the rendering of any such judgment shall relieve the judgment debtor from the security requirements which are the subject of the discharge in bankruptcy, but shall not relieve the judgment debtor from any of the other requirements of this chapter.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 360, &sect; 7315, eff. Sept. 1, 1961. Amended by Laws 2000, c. 189, &sect; 4, eff. July 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-316. Payments sufficient to satisfy requirements.&nbsp;</span></p> <p><span class="cls0">A. Judgments herein referred to shall, for the purpose of this chapter only, be deemed satisfied:&nbsp;</span></p> <p><span class="cls0">1. When the minimum liability insurance limits are met; or&nbsp;</span></p> <p><span class="cls0">2. When any combination of amounts as prescribed by the minimum liability insurance limits and as appropriate to the consequences of the accident, has been credited upon any judgment or judgments rendered in excess of that amount because of a combination of bodily injury to or death of any number of persons and because of injury to or destruction of property of others as a result of any one accident.&nbsp;</span></p> <p><span class="cls0">B. Provided, however, payments made in settlements of any claims because of bodily injury, death or property damage arising from the accident shall be credited in reduction of the amounts provided for in this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 360, &sect; 7-316, eff. Sept. 1, 1961. Amended by Laws 1980, c. 235, &sect; 4, eff. Jan. 1, 1981; Laws 2005, c. 394, &sect; 5, emerg. eff. June 6, 2005; Laws 2009, c. 62, &sect; 19, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-317. Installment payment of judgments - Default.&nbsp;</span></p> <p><span class="cls0">A. A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which the judgment was rendered for the privilege of paying the judgment in installments, and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments.&nbsp;</span></p> <p><span class="cls0">B. The Department of Public Safety shall not suspend the driving privilege of any person and shall restore the driving privilege of any person, if otherwise eligible, which was suspended following nonpayment of a judgment when the judgment debtor gives proof of financial responsibility and obtains an order permitting the payment of the judgment in installments, and while the payment of any installments is not in default.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 360, &sect; 7-317. Amended by Laws 2009, c. 62, &sect; 20, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-318. Action if breach of agreement.&nbsp;</span></p> <p><span class="cls0">In the event the judgment debtor fails to pay any installment as specified by an order described in Section 7-317 of this title, then, upon notice by the court of the default, the Department of Public Safety shall forthwith suspend the driving privilege of the person who is the judgment debtor until the judgment is satisfied, as provided in this article.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 360, &sect; 7-318. Amended by Laws 2009, c. 62, &sect; 21, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-319. Repealed by Laws 2003, c. 279, &sect; 15, emerg. eff. May 26, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-320. Alternate methods of giving proof.&nbsp;</span></p> <p><span class="cls0">Proof of financial responsibility when required under this article, with respect to a vehicle or with respect to a person who is not the owner of a vehicle, may be given by filing:&nbsp;</span></p> <p><span class="cls0">1. A security verification form as defined in Section 7-600 of this title;&nbsp;</span></p> <p><span class="cls0">2. A certificate of deposit of money or securities as provided in Section 7-330 of this title; or&nbsp;</span></p> <p><span class="cls0">3. A certificate of self-insurance, as provided in Section 7-503 of this title, supplemented by an agreement by the self-insurer that, with respect to accidents occurring while the certificate is in force, the self-insurer will pay the same amounts that an insurer would have been obliged to pay under a motor vehicle liability policy if the insurance carrier had issued a policy to the self-insurer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 361, &sect; 7-320. Amended by Laws 1994, c. 181, &sect; 9, eff. Sept. 1, 1994; Laws 2009, c. 62, &sect; 22, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-321. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-322. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-323. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;477324. Motor vehicle liability policies - Contents and coverages.&nbsp;</span></p> <p><span class="cls0">(a) Certification. A "motor vehicle liability policy" as the term is used in this article shall mean an "owner's policy" or an "operator's policy" of liability insurance, certified as provided in Section 7321 or Section 7322 of this title as proof of financial responsibility, and issued, except as otherwise provided in Section 7322 of this title, by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.&nbsp;</span></p> <p><span class="cls0">(b) Owner's policy. Such owner's policy of liability insurance:&nbsp;</span></p> <p><span class="cls0">1. Shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted; and&nbsp;</span></p> <p><span class="cls0">2. Shall insure the person named therein and any other person except as herein provided, as insured, using any such vehicle or vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such vehicle or vehicles within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such vehicle, as follows: Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, Fifty Thousand Dollars ($50,000.00) because of bodily injury to or death of two or more persons in any one accident, and Twenty-five Thousand Dollars ($25,000.00) because of injury to or destruction of property of others in any one accident.&nbsp;</span></p> <p><span class="cls0">3. May by agreement in a separate written endorsement between any named insured and the insurer exclude as insured any person or persons designated by name from coverage under the policy.&nbsp;</span></p> <p><span class="cls0">(c) Operator's policy. Such operator's policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him by law for damages arising out of the use by him of any motor vehicle not owned by him, within the same territorial limits and subject to the same limits of liability as are set forth above with respect to an owner's policy of liability insurance.&nbsp;</span></p> <p><span class="cls0">(d) Required statements in policies. Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this title.&nbsp;</span></p> <p><span class="cls0">(e) Policy need not insure workmen's compensation. Such motor vehicle liability policy need not insure any liability under any workmen's compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any such vehicle nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.&nbsp;</span></p> <p><span class="cls0">(f) Provisions incorporated in policy. Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:&nbsp;</span></p> <p><span class="cls0">1. The liability of the insurance carrier with respect to the insurance required by this title shall become absolute whenever injury or damage covered by said motor vehicle liability policy occurs; said policy may not be canceled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of said policy shall defeat or void said policy.&nbsp;</span></p> <p><span class="cls0">2. The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage.&nbsp;</span></p> <p><span class="cls0">3. The insurance carrier shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in paragraph 2 of subsection (b) of this section.&nbsp;</span></p> <p><span class="cls0">4. The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this title shall constitute the entire contract between the parties.&nbsp;</span></p> <p><span class="cls0">(g) Excess or additional coverage. Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and such excess or additional coverage shall not be subject to the provisions of this title. With respect to a policy which grants such excess or additional coverage, the term "motor vehicle liability policy" shall apply only to that part of the coverage which is required by this section.&nbsp;</span></p> <p><span class="cls0">(h) Reimbursement provision permitted. Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this title.&nbsp;</span></p> <p><span class="cls0">(i) Proration of insurance permitted. Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.&nbsp;</span></p> <p><span class="cls0">(j) Multiple policies. The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements.&nbsp;</span></p> <p><span class="cls0">(k) Binders. Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 361, &sect; 7324, eff. Sept. 1, 1961. Amended by Laws 1980, c. 235, &sect; 5, eff. Jan. 1, 1981; Laws 1994, c. 181, &sect; 11, eff. Sept. 1, 1994; Laws 2004, c. 519, &sect; 32, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-325. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-326. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-327. Repealed by Laws 2003, c. 279, &sect; 15, emerg. eff. May 26, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-328. Repealed by Laws 2003, c. 279, &sect; 15, emerg. eff. May 26, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-329. Repealed by Laws 2003, c. 279, &sect; 15, emerg. eff. May 26, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-330. Cash or certificate of deposit as proof.&nbsp;</span></p> <p><span class="cls0">Proof of financial responsibility may be evidenced by the certificate of the Department of Public Safety that the person named therein has deposited with the Department at least Seventy-five Thousand Dollars ($75,000.00) in cash, or a certificate of deposit issued by a financial institution located in Oklahoma in an amount of at least Seventy-five Thousand Dollars ($75,000.00). The Department shall deposit any cash it receives for this purpose in a special account of the Department which shall be held in escrow until necessary to pay judgments as described in Section 7-331 of this title. The Department shall obtain a written acknowledgment from any financial institution issuing a certificate of deposit which is used for the purpose of this section, showing the certificate of deposit has been pledged to the Department for this purpose. The Department shall not accept any deposit and issue a certificate therefor and the Department shall not accept the certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 363, &sect; 7-330, eff. Sept. 1, 1961. Amended by Laws 1980, c. 235, &sect; 6, eff. Jan. 1, 1981; Laws 1998, c. 85, &sect; 3, eff. July 1, 1998; Laws 2005, c. 394, &sect; 6, emerg. eff. June 6, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-331. Application of deposit.&nbsp;</span></p> <p><span class="cls0">Such deposit shall be held by the Department to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against such a person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use or operation of a vehicle of a type subject to registration under the laws of this state after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 364, &sect; 7-331, eff. Sept. 1, 1961. Amended by Laws 1998, c. 85, &sect; 4, eff. July 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-332. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;477333. Substitution of proof.&nbsp;</span></p> <p><span class="cls0">The Department shall consent to the cancellation of any bond or certificate of insurance or the Department shall direct and the State Treasurer shall return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">Laws 1961, p. 364, &sect; 7333. &nbsp;</span></p> <p><span class="cls0">&sect;47-7-334. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-335. Duration of proof - When proof may be canceled or returned.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety shall upon request consent to the immediate cancellation of any certificate of insurance or the Department shall direct and the State Treasurer shall return to the person entitled thereto any money or securities deposited pursuant to this article or Article II of this chapter as proof of financial responsibility, or the Department shall waive the requirement of filing proof of financial responsibility, in any of the following events:&nbsp;</span></p> <p><span class="cls0">1. In the event of the death of the person on whose behalf the proof of financial responsibility was filed or the permanent incapacity of the person to operate a motor vehicle; or&nbsp;</span></p> <p><span class="cls0">2. In the event the person who has given proof of financial responsibility surrenders his or her driver license to the Department.&nbsp;</span></p> <p><span class="cls0">B. Provided, however, that the Department shall not consent to the cancellation of any certificate of insurance and the Department shall not consent to the return of any money or securities in the event any action for damages upon a liability covered by such proof of financial responsibility is then pending or any judgment upon any such liability is then unsatisfied, or in the event the person who has filed such bond or deposited such money or securities has within one (1) year immediately preceding such request been involved as a driver or owner in any accident resulting in injury or damage to the person or property of others. An affidavit of the person as to the nonexistence of such facts, or that the person has been released from all liability, or has been finally adjudicated not to be liable, for any injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 365, &sect; 7-335. Amended by Laws 1994, c. 181, &sect; 13, eff. Sept. 1, 1994; Laws 2009, c. 62, &sect; 23, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-401. Repealed by Laws 2003, c. 279, &sect; 15, emerg. eff. May 26, 2003.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-402. Surrender of license.&nbsp;</span></p> <p><span class="cls0">A. Any person whose driving privilege shall have been suspended under any provision of this chapter, or whose policy of insurance, when required under this chapter, shall have been canceled or terminated, shall immediately return his or her driver license to the Department of Public Safety. If any person shall fail to return to the Department the driver license as provided herein, the Department shall forthwith direct any peace officer to secure possession thereof and to return the same to the Department in the same manner as prescribed in Section 7-605 of this title.&nbsp;</span></p> <p><span class="cls0">B. Any person willfully failing to return his or her driver license as required in subsection A of this section shall be punished as provided in Section 17-101 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 365, &sect; 7-402. Amended by Laws 2009, c. 62, &sect; 24, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;477403. Forged proof.&nbsp;</span></p> <p><span class="cls0">Any person who shall forge, or, without authority, sign any evidence of proof of financial responsibility, or who files or offers for filing any such evidence of proof knowing or having reason to believe that it is forged or signed without authority, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned for not more than one (1) year, or both.&nbsp;</span></p> <p><span class="cls0">Laws 1961, p. 365, &sect; 7403; Laws 1994, c. 181, &sect; 14, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;477404. Reciprocity.&nbsp;</span></p> <p><span class="cls0">(a) The Department is hereby authorized to enter into, negotiate, and execute reciprocal compacts and agreements with the proper authorities, bureaus or divisions of other states regarding the use, application and operation of the financial responsibility provisions of this Code.&nbsp;</span></p> <p><span class="cls0">(b) Such compacts and agreements shall grant to the residents of other states privileges substantially like and equal to those granted by such states to residents of Oklahoma; provided that such compacts and agreements shall not supersede or suspend any laws, rules or regulations of the State of Oklahoma applying to vehicles operated intrastate in this state. Privileges so granted shall extend only to persons who comply with the vehicle laws of the state of their residence.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 365, &sect; 7404. &nbsp;</span></p> <p><span class="cls0">&sect;47-7-501. Renumbered as Title 36, &sect; 996.1 by Laws 2009, c. 62, &sect; 40, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-502. Exception in relation to vehicles insured under other laws.&nbsp;</span></p> <p><span class="cls0">The provisions of this chapter shall not apply with respect to any vehicle which is subject to regulation by the Corporation Commission or to regulation by any other federal or state agency under provisions of any laws requiring insurance or other security.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 366, &sect; 7-502, eff. Sept. 1, 1961. Amended by Laws 2009, c. 62, &sect; 25, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;477503. Selfinsurers.&nbsp;</span></p> <p><span class="cls0">(a) Any person in whose name more than twentyfive vehicles are registered in this state may qualify as a selfinsurer by obtaining a certificate of selfinsurance issued by the Department as provided in subsection (b) of this section.&nbsp;</span></p> <p><span class="cls0">(b) The Department may, in its discretion, upon the application of such a person, issue a certificate of selfinsurance when it is satisfied that such person is possessed and will continue to be possessed of ability to pay judgment obtained against such person. Such certificate may be issued authorizing a person to act as a selfinsurer for either property damage or bodily injury, or both.&nbsp;</span></p> <p><span class="cls0">(c) Upon not less than five (5) days' notice and a hearing pursuant to such notice, the Department may upon reasonable grounds cancel a certificate of selfinsurance. Failure to pay any judgment within thirty (30) days after such judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of selfinsurance.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 366, &sect; 7503. &nbsp;</span></p> <p><span class="cls0">&sect;477504. Chapter not to prevent other process.&nbsp;</span></p> <p><span class="cls0">Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for relief upon the other processes provided by law.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 366, &sect; 7504. &nbsp;</span></p> <p><span class="cls0">&sect;47-7-505. Relief by court in cases of hardship.&nbsp;</span></p> <p><span class="cls0">A. In order to furnish a means of relief from extreme and unusually severe hardship in the application of Article II or Article III of this chapter, it is hereby provided that any owner or operator whose driving privilege has been suspended by the Department of Public Safety under the provisions of Article II or Article III of this chapter for failure to furnish security or for failure to satisfy a judgment may make application for modification of the order of suspension to the district court of the county where such owner or operator resides.&nbsp;</span></p> <p><span class="cls0">The application shall contain the following:&nbsp;</span></p> <p><span class="cls0">1. The name and address of the applicant;&nbsp;</span></p> <p><span class="cls0">2. The date and location of the accident, names of any fatality or fatalities, names of persons injured, and/or names of persons whose real or personal property was damaged in the accident;&nbsp;</span></p> <p><span class="cls0">3. A statement that the applicant has failed to comply with the provisions of Article II or Article III of this chapter by either failing to post security or to satisfy a judgment;&nbsp;</span></p> <p><span class="cls0">4. The facts creating the unusual or severe hardship impairing the ability of the applicant to earn a livelihood;&nbsp;</span></p> <p><span class="cls0">5. That the applicant has initiated action to post proof of financial responsibility by a method enumerated in Section 7-320 of this title;&nbsp;</span></p> <p><span class="cls0">6. A true copy of the order of suspension attached thereto; and&nbsp;</span></p> <p><span class="cls0">7. A verification by the applicant.&nbsp;</span></p> <p><span class="cls0">B. The district court shall set the application for hearing not less than fifteen (15) days nor more than thirty (30) days from the date of filing the application.&nbsp;</span></p> <p><span class="cls0">C. A certified copy of the application, bond, order for hearing and any other pleadings shall be served upon the Department of Public Safety, all judgment creditors and/or persons on whose behalf security has been required or by mailing a copy to their last known address at least ten (10) days before the hearing.&nbsp;</span></p> <p><span class="cls0">D. Persons required to be notified of the hearing may appear and resist the application of Article II or Article III of this chapter. At the hearing the court shall take testimony concerning the hardship of the applicant, testimony of any interested party, and allow the driving record and accident record of the applicant to be introduced into evidence by the Department of Public Safety. After hearing on the application, but not before, if the court finds that the suspension has resulted or will result in extreme and unusually severe hardship, seriously impairing the ability of the applicant to earn a livelihood, the court may modify, but not vacate, the order of suspension and the extent to which the applicant shall comply with the provisions of Articles II and III of this chapter with respect to furnishing security or satisfying a judgment. If the court finds the order of suspension should be modified, then the court shall require that the applicant furnish proof of financial responsibility by a method enumerated in Section 7-320 of this title. The proof of financial responsibility shall be furnished to the Department of Public Safety. The modification shall not become effective until the proof of financial responsibility is furnished to the Department together with a certified order of the court setting forth the modification.&nbsp;</span></p> <p><span class="cls0">E. An appeal may be taken by any interested party from the order of the district court to the Supreme Court of the State of Oklahoma.&nbsp;</span></p> <p><span class="cls0">F. It shall be the duty of the district attorney in the county where the application is filed to represent the Department of Public Safety in the proceedings under the statute upon request from the Department of Public Safety.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 366, &sect; 7-505. Amended by Laws 1994, c. 181, &sect; 15, eff. Sept. 1, 1994; Laws 2009, c. 62, &sect; 26, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-506. Driving privilege reinstatement fee.&nbsp;</span></p> <p><span class="cls0">Whenever a person's driving privilege is suspended under this chapter and the filing of proof of financial responsibility is made a prerequisite to reinstatement of the driving privilege or the issuance of a driver license, no driving privilege shall be reinstated or a driver license issued unless the person, in addition to complying with the other provisions of this chapter, pays to the Department of Public Safety the fees provided for in Section 6-212 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1965, c. 187, &sect; 11, emerg. eff. June 8, 1965. Amended by Laws 1983, c. 286, &sect; 23, operative July 1, 1983; Laws 1986, c. 279, &sect; 18, operative July 1, 1986; Laws 1987, c. 5, &sect; 154, emerg. eff. March 11, 1987; Laws 1994, c. 218, &sect; 8, eff. April 1, 1995; Laws 2009, c. 62, &sect; 27, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-508. Renumbered as &sect; 941 of Title 36 by Laws 1988, c. 27, &sect; 4, eff. Nov. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-600. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in Section 7-600 et seq. of this title:&nbsp;</span></p> <p><span class="cls0">1. "Owner's policy" means a policy of motor vehicle liability insurance which:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;shall designate by explicit description or by appropriate reference all vehicles with respect to which coverage is thereby to be granted,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;shall insure the person named therein and insure any other person, except as provided in subparagraph c of this paragraph, using an insured vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, operation or use of the vehicle,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;may provide for exclusions from coverage in accordance with existing laws, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;shall be issued by an authorized insurer providing coverage in accordance with Section 7-204 of this title or in the case of a commercial automobile insurance policy may be issued by an unauthorized insurer as allowed pursuant to Section 1106 of Title 36 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">2. "Operator's policy" means a policy of motor vehicle liability insurance which shall insure the named person against loss from the liability imposed upon the named person by law for damages arising out of the operation or use by the named person of any motor vehicle not owned by the named person, subject to the same limits of liability required in an owner's policy.&nbsp;</span></p> <p><span class="cls0">3. "Security" means:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a policy meeting the minimum vehicle liability limits,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a deposit of cash or securities as defined in Section 7-330 of this title having the equivalency of the minimum vehicle liability limits,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;self-insurance, pursuant to the provisions of Section 7-503 of this title, having the equivalency of the minimum vehicle liability limits, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;for vehicles registered pursuant to the provisions of Section 1127 of this title, a policy meeting or exceeding the minimum vehicle liability limits; provided, the policy may be issued by an insurance company authorized to do business in the state of residence or domicile of the member of the Armed Forces and the motor license agent or other registering agency shall accept the security verification form issued by such insurance company.&nbsp;</span></p> <p><span class="cls0">4. "Compulsory Insurance Law" is the law requiring liability insurance, which provides the minimum vehicle liability limits, in conjunction with the operation of a motor vehicle in this state as found in this article, Section 7-600 et seq. of this title.&nbsp;</span></p> <p><span class="cls0">5. "Security verification form" means a form, approved by the Insurance Commissioner, verifying the existence of security required by the Compulsory Insurance Law.&nbsp;</span></p> <p><span class="cls0">6. &ldquo;Commercial auto coverage&rdquo; means coverage provided to an insured, regardless of the number of vehicles or entity covered, under a commercial auto, garage or truckers coverage form or rated from either a commercial manual or rating rule as filed and approved by the Insurance Department. Vehicle type and ownership are not necessarily the primary factors in either underwriting the coverage or rating the coverage.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 355, &sect; 1, operative Jan. 1, 1983. Amended by Laws 1989, c. 181, &sect; 11, eff. Nov. 1, 1989; Laws 1997, c. 154, &sect; 1, eff. Nov. 1, 1997; Laws 2009, c. 62, &sect; 28, eff. Nov. 1, 2009; Laws 2009, c. 185, &sect; 1, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-600.1. Statement or endorsement to be included in policies - Excess or additional coverage - Binders.&nbsp;</span></p> <p><span class="cls0">A. The following statement or endorsement shall be included in owner's policies and operator's policies except certified policies issued pursuant to Section 7-324 of this title: "Liability insurance is provided in this policy in accordance with coverage required by the Compulsory Insurance Law of Oklahoma."&nbsp;</span></p> <p><span class="cls0">B. A policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for policies defined in Section 7-600 of this title, and the excess or additional coverage shall not be subject to the provisions of the Compulsory Insurance Law.&nbsp;</span></p> <p><span class="cls0">C. Any binder issued pending the issuance of a policy shall be deemed to fulfill the requirements for such a policy except as provided for in paragraph 2 of subsection A of Section 7-605 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 355, &sect; 2, operative Jan. 1, 1983. Amended by Laws 2009, c. 62, &sect; 29, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-600.2. Online verification system - Rules - Exception.&nbsp;</span></p> <p><span class="cls0">A. The Department of Public Safety shall promulgate and adopt, pursuant to the Administrative Procedures Act, rules for an online verification system for motor vehicle liability policies as required by the Compulsory Insurance Law, subject to the following:&nbsp;</span></p> <p><span class="cls0">1. The Oklahoma Tax Commission and the Insurance Department shall cooperate with the Department of Public Safety in the development of the verification system;&nbsp;</span></p> <p><span class="cls0">2. The verification system shall be accessible through the Internet, World Wide Web or a similar proprietary or common carrier electronic system by authorized personnel of the Department, the Tax Commission, the courts, law enforcement personnel, and any other entities authorized by the Department;&nbsp;</span></p> <p><span class="cls0">3. The verification system shall provide for direct inquiry and response between the Department and insurance carriers, or such other method of inquiry and response as agreed to by the Department and individual insurance carriers, and direct access to insurers&rsquo; records by personnel authorized by the Department;&nbsp;</span></p> <p><span class="cls0">4. The verification system shall be available twenty-four (24) hours a day to verify the insurance status of any vehicle registered in this state through the vehicle&rsquo;s identification number, policy number, registered owner&rsquo;s name or other identifying characteristic or marker as prescribed by the Department in its rules;&nbsp;</span></p> <p><span class="cls0">5. The Department may contract with a private vendor to assist in establishing and maintaining the verification system;&nbsp;</span></p> <p><span class="cls0">6. The verification system shall include appropriate provisions, consistent with industry standards, to secure its data against unauthorized access and to maintain a record of all information requests;&nbsp;</span></p> <p><span class="cls0">7. Information contained in the verification system shall not be considered a public record;&nbsp;</span></p> <p><span class="cls0">8. Any law enforcement officer, to establish compliance with the Compulsory Insurance Law during a traffic stop or accident investigation, shall access information from the online verification system to verify the current validity of the policy described on a security verification form produced by the operator of each motor vehicle during the traffic stop or accident investigation. If compliance is not confirmed for the policy described on the security verification form produced by the operator and a subsequent investigation conducted by the officer verifies that the operator is not in compliance or if no security verification form is produced, the officer shall issue a citation to the operator for failure to comply with the Compulsory Insurance Law. Establishing compliance with the Compulsory Insurance Law through the online verification system shall not be the primary cause for law enforcement to stop a motor vehicle; and&nbsp;</span></p> <p><span class="cls0">9. All information exchanged between the Department and insurance companies, any database created, and all reports, responses, or other information generated for the purposes of the verification system shall not be subject to the Oklahoma Open Records Act.&nbsp;</span></p> <p><span class="cls0">B. This section shall not apply to a policy issued pursuant to paragraph 3 of subsection A of Section 7-601.1 of this title or paragraph 3 of subsection A of Section 7-602 of this title to insure a commercial motor vehicle or to insure any vehicle under a commercial policy that provides commercial auto coverage as defined in Section 7-600 of this title.&nbsp;</span></p> <p><span class="cls0">C. As a condition for writing motor vehicle liability policies in this state, insurance carriers shall cooperate with the Department in establishing and maintaining the insurance verification system and shall provide access to motor vehicle insurance policy status information as provided in the rules of the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 322, &sect; 1, eff. July 1, 2006. Amended by Laws 2007, c. 326, &sect; 14, eff. Nov. 1, 2007; Laws 2008, c. 184, &sect; 31, eff. July 1, 2008; Laws 2008, c. 335, &sect; 2, eff. July 1, 2008; Laws 2009, c. 62, &sect; 30, eff. Nov. 1, 2009; Laws 2009, c. 340, &sect; 2, emerg. eff. May 27, 2009; Laws 2010, c. 440, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-601. Liability requirements - Proof of compliance - Nonresidents.&nbsp;</span></p> <p><span class="cls0">A. Every owner of a motor vehicle registered in this state, other than a licensed used motor vehicle dealer, shall, at all times, maintain in force with respect to such vehicle security for the payment of loss resulting from the liability imposed by law for bodily injury, death and property damage sustained by any person arising out of the ownership, maintenance, operation or use of the vehicle. Every person, while operating or using a motor vehicle registered in this state which is not owned by the person, shall maintain in force security for the payment of loss resulting from the liability imposed by law for bodily injury, death or property damage sustained by any person arising out of the operation or use of the vehicle, unless the security has been provided by the owner in accordance with this section which does not exclude the person from coverage.&nbsp;</span></p> <p><span class="cls0">B. 1. Unless otherwise provided by law, no motor vehicle shall be operated in this state unless there is in effect with respect to the vehicle security for the payment of loss resulting from the liability imposed by law for bodily injury, death and property damage sustained by any person arising out of the ownership, maintenance, operation or use of the vehicle. Every person, while operating or using a motor vehicle in this state which is not owned by the person, shall maintain in force security for the payment of loss resulting from the liability imposed by law for bodily injury, death or property damage sustained by any person arising out of the operation or use of the vehicle, unless the security has been provided by the owner in accordance with this section which does not exclude the person from coverage. Proof of security shall be carried in the vehicle at all times and shall be produced for inspection upon request by any law enforcement officer or representative of the Department of Public Safety and, in case of an accident, the proof shall be shown upon request of any person affected by the accident.&nbsp;</span></p> <p><span class="cls0">2. The nonresident owner of a motor vehicle not registered in this state may give proof of financial responsibility by providing proof of financial responsibility which is in compliance with the laws of the state in which the vehicle is registered or by filing with the Department a certificate of an insurance company authorized to transact insurance in the state in which the vehicle is registered, or if the nonresident does not own a motor vehicle, then in the state in which the insured resides, provided the certificate otherwise conforms to the provisions of this article, and the Department shall accept the certificate upon condition that the insurance company complies with the following provisions with respect to the policy so certified:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the insurance company shall execute a power of attorney authorizing the Department to accept service on its behalf or notice of process in any action arising out of a motor vehicle accident in this state, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the insurance company shall agree in writing that its policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued in this state.&nbsp;</span></p> <p><span class="cls0">3. The provisions of this subsection shall apply to nonresident owners and operators of vehicles that are not registered in this state only if the state in which the vehicle is registered requires compulsory liability insurance. In which cases, compliance with the requirements of the law of the state of registration shall be deemed compliance with the laws of this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 176, &sect; 1, operative Dec. 11, 1976. Amended by Laws 1980, c. 85, &sect; 2, eff. Jan. 1, 1981; Laws 1982, c. 355, &sect; 4, operative July 1, 1982; Laws 1993, c. 301, &sect; 1, eff. Sept. 1, 1993; Laws 2009, c. 62, &sect; 31, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-601.1. Owner's and operator's security verification forms - Contents.&nbsp;</span></p> <p><span class="cls0">A. Every carrier, upon issuing an owner's policy, a renewal thereof, or a binder, shall supply a security verification form in duplicate to an owner for each insured vehicle on a form approved by the Insurance Commissioner.&nbsp;</span></p> <p><span class="cls0">1. The owner's security verification form shall contain the following minimum information:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the name, address, and the five-digit National Association of Insurance Commissioners (NAIC) company code of the carrier,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the name, address, and telephone number of the agent or office where the existence of security may be verified, if other than the carrier,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the name of the named insured; provided, the address of the named insured shall not be included,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;a notice that an owner's liability insurance policy has been issued pursuant to the Compulsory Insurance Law,&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;the year of manufacture, make, model, and the vehicle identification number of each insured motor vehicle,&nbsp;</span></p> <p class="cls2"><span class="cls0">f.&nbsp;&nbsp;the inclusive dates the motor vehicle liability insurance is in effect,&nbsp;</span></p> <p class="cls2"><span class="cls0">g.&nbsp;&nbsp;the policy number, and&nbsp;</span></p> <p class="cls2"><span class="cls0">h.&nbsp;&nbsp;a warning to the owner that state law:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;requires a current copy of the owner's security verification form must be surrendered to the motor license agent or other registering agency upon application or renewal for a motor vehicle license plate,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;requires the other copy of the owner's security verification form to be carried in the motor vehicle at all times, and produced by any driver of the vehicle upon request for inspection by any peace officer or representative of the Department of Public Safety. In case of an accident, the security verification form shall be shown upon request of any person affected by the accident,&nbsp;</span></p> <p class="cls2"><span class="cls0">i.&nbsp;&nbsp;the statement: "Examine policy exclusions carefully. This form does not constitute any part of your insurance policy."&nbsp;</span></p> <p><span class="cls0">2. When a carrier issues an owner's policy providing blanket liability coverage for a fleet of motor vehicles, the requirement for year of manufacture, make, model, and the vehicle identification number specified in subparagraph e of paragraph 1 of this subsection may be omitted, provided the security verification form shall bear the term "Fleet Coverage" and otherwise meet the provisions of the Compulsory Insurance Law.&nbsp;</span></p> <p><span class="cls0">3. In the event the effective dates within an owner's policy exceed one (1) year, the carrier shall furnish the owner a copy of the owner's security verification form at least annually in addition to the time of issuance or renewal in order for the owner to submit the copy for motor vehicle registration purposes.&nbsp;</span></p> <p><span class="cls0">4. In the event an owner's policy also provides liability coverage which meets the requirements of an operator's policy, the carrier may also issue to each person entitled thereto an operator's security verification form as provided in this section.&nbsp;</span></p> <p><span class="cls0">B. Every carrier, upon issuing an operator's policy, a renewal thereof, or a binder, may issue to the insured person a written operator's security verification form of a size which may conveniently be carried upon the person, containing the following minimum information:&nbsp;</span></p> <p><span class="cls0">1. The name, address of the carrier, and the five-digit National Association of Insurance Commissioners (NAIC) company code;&nbsp;</span></p> <p><span class="cls0">2. The name, address, and telephone number of the person or office where an inquiry may be made to verify the existence of security;&nbsp;</span></p> <p><span class="cls0">3. The name of the named insured; provided, the address of the named insured shall not be included;&nbsp;</span></p> <p><span class="cls0">4. A notice that in accordance with the Compulsory Insurance Law, liability coverage has been issued for the named insured;&nbsp;</span></p> <p><span class="cls0">5. A statement reflecting the form may be carried in lieu of an owner's form pursuant to the Compulsory Insurance Law while operating a motor vehicle. The form shall be produced upon request of any peace officer or representative of the Department of Public Safety. In case of an accident, the form shall be shown upon request of a person affected by an accident with a vehicle operated by the insured;&nbsp;</span></p> <p><span class="cls0">6. The inclusive dates of liability coverage; and&nbsp;</span></p> <p><span class="cls0">7. The policy number.&nbsp;</span></p> <p><span class="cls0">C. A carrier may provide any additional information consistent with the Compulsory Insurance Law of this state in an owner's or operator's security verification form but shall not be required to list the actual amounts of liability coverage thereon. The security verification form shall not constitute nor be construed as any part of an insurance policy, renewal or binder.&nbsp;</span></p> <p><span class="cls0">D. A carrier shall designate on the security verification form whether the policy is a commercial auto policy.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 355, &sect; 5, operative Jan. 1, 1983. Amended by Laws 1988, c. 103, &sect; 1, emerg. eff. April 1, 1988; Laws 1989, c. 181, &sect; 12, eff. Nov. 1, 1989; Laws 2009, c. 62, &sect; 32, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;477601.2. Insurance carriers prohibited from canceling, terminating, increasing or requiring higher premiums for certain peace officers, firefighters or emergency vehicle operators.&nbsp;</span></p> <p><span class="cls0">No insurance carrier issuing a vehicle liability policy pursuant to this article to a person employed as a peace officer, firefighter, or operator of emergency vehicles as defined in Title 47 of the Oklahoma Statutes, in this state shall cancel, terminate, increase the premiums due on such policy, or require such officer, firefighter, or operator of emergency vehicles to pay higher premiums because of any accident in which such person was involved if the accident occurred in the performance of the duty of such person. The provisions of this section shall apply whether or not the motor vehicle driven by the peace officer, firefighter, or operator of emergency vehicles as defined in Title 47 of the Oklahoma Statutes, involved in the accident was owned by such person.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Added by Laws 1985, c. 129, &sect; 1, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;47-7-602. Certification of existence of security - Online verification system - Exemptions.&nbsp;</span></p> <p><span class="cls0">A. 1. The owner of a motor vehicle registered in this state shall carry in the vehicle at all times a current owner's security verification form listing the vehicle or an equivalent form which has been issued by the Department of Public Safety, and the operator of the vehicle shall produce the form upon request for inspection by any law enforcement officer or representative of the Department and, in case of an accident, the form shall be shown upon request to any person affected by the accident.&nbsp;</span></p> <p class="cls2"><span class="cls0">2. a.&nbsp;&nbsp;Every person registering a motor vehicle in this state, except a motor vehicle which is not being used upon the public highways or public streets, or a manufactured home while on a permanent foundation, at the time of registration of the vehicle, shall certify the existence of security with respect to the vehicle by surrendering to a motor license agent or other registering agency a current owner&rsquo;s security verification form from an insurance carrier authorized to do business in this state or an equivalent form issued by the Department of Public Safety. A motor license agent or other registering agency shall require the surrender of the form prior to processing an application for registration or renewal.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;Every motor license agent or other registering agency shall use the online verification system to certify the existence of security with respect to the vehicle from an insurance carrier authorized to do business in this state unless the online verification system is not online or the required information is otherwise not available. In such a case, the license agent or other registering agency may accept verification as provided in subparagraph a of this paragraph to certify the existence of the required insurance prior to processing any application for motor vehicle registration.&nbsp;</span></p> <p><span class="cls0">3. Fleet vehicles operating under the authority of the Corporation Commission, the Federal Highway Administration, or vehicles registered pursuant to the provisions of Section 1120 of this title, shall certify the existence of security with respect to each vehicle at the time of registration by submitting one of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a current owner's security verification form verifying the existence of security as required by the Compulsory Insurance Law, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a permit number verified by the Corporation Commission indicating the existence of a current liability insurance policy. Provided, in the event the Corporation Commission is unable to verify the existence of insurance as provided herein in a prompt and timely fashion, the Corporation Commission may accept a current single state registration form issued by the Corporation Commission or any other regulating entity with which the Corporation Commission has entered into a reciprocal compact or agreement regarding the regulation of motor vehicles engaged in interstate or foreign commerce upon and over the public highways.&nbsp;</span></p> <p><span class="cls0">4. The following shall not be required to carry an owner's or operator's security verification form or an equivalent form from the Department of Public Safety during operation of the vehicle and shall not be required to surrender a security verification form for vehicle registration purposes:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;any vehicle owned or leased by the federal or state government, or any agency or political subdivision thereof,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;any vehicle bearing the name, symbol, or logo of a business, corporation or utility on the exterior and which is in compliance with the provisions of the Compulsory Insurance Law according to records of the Corporation Commission which reflect a deposit or fleet policy,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;fleet vehicles maintaining current vehicle liability insurance as required by the Corporation Commission or any other regulating entity,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;any licensed taxicab, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;any vehicle owned by a licensed used motor vehicle dealer.&nbsp;</span></p> <p><span class="cls0">5. Any person who knowingly issues or promulgates false or fraudulent information in connection with either an owner's or operator's security verification form or an equivalent form which has been issued by the Department of Public Safety shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding Five Hundred Dollars ($500.00), or imprisonment for not more than six (6) months, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">B. Each motor license agent is authorized to charge a fee of One Dollar and fifty cents ($1.50) to each person to whom the agent issues a certificate of registration and who is required to surrender proof of financial responsibility, or for whom the motor license agent certifies the existence of financial responsibility through an authorized online certification system, pursuant to the provisions of the Compulsory Insurance Law. The fee may be retained by the agent as compensation for services in processing the proof of financial responsibility and for processing the driver license information, insurance verification information, and other additional information furnished to the agent pursuant to Section 1112 of this title, if such agent does not receive the maximum compensation as authorized by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 176, &sect; 2, operative Dec. 11, 1976. Amended by Laws 1980, c. 235, &sect; 8, eff. Jan. 1, 1981; Laws 1982, c. 355, &sect; 6, operative July 1, 1982; Laws 1983, c. 49, &sect; 1; Laws 1990, c. 298, &sect; 1; Laws 1999, c. 232, &sect; 4, eff. July 1, 1999; Laws 2004, c. 522, &sect; 5, eff. July 1, 2004; Laws 2006, c. 322, &sect; 2, eff. July 1, 2006; Laws 2009, c. 62, &sect; 33, eff. Nov. 1, 2009; Laws 2010, c. 440, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1980, c. 85, &sect; 3 repealed by Laws 1982, c. 355, &sect; 11, emerg. eff. June 2, 1982.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-602.1. Possession of security verification form while operating or using certain vehicles.&nbsp;</span></p> <p><span class="cls0">Every operator of a motor vehicle registered in this state shall, while operating or using such vehicle, carry either an operator's or an owner's security verification form issued by an insurance carrier or an equivalent form issued by the Department of Public Safety, reflecting liability coverage. An owner's security verification form issued to the owner of a motor vehicle may be used as an operator's security verification form by an operator who is not the owner of the motor vehicle, if the operator is not excluded from coverage on the motor vehicle liability policy for the vehicle. Any exclusions from the policy shall be included on the owner's security verification form.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1982, c. 355, &sect; 7, operative July 1, 1983. Amended by Laws 1986, c. 45, &sect; 1, eff. Nov. 1, 1986; Laws 2009, c. 62, &sect; 34, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-603. Verification of security.&nbsp;</span></p> <p><span class="cls0">A. From its own records, the Department of Public Safety may verify the existence of security made in the form of a deposit or of self-insurance for which a certification has been made to the Department.&nbsp;</span></p> <p><span class="cls0">B. The Department may at any time verify, using the online verification system provided for in Section 7-600.2 of this title, the existence of security certified to in policies issued by insurance companies.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 176, &sect; 3, operative Dec. 11, 1976. Amended by Laws 1980, c. 235, &sect; 9, eff. Jan. 1, 1981; Laws 1988, c. 243, &sect; 1, eff. Nov. 1, 1988; Laws 1990, c. 298, &sect; 2; Laws 2009, c. 62, &sect; 35, eff. Nov. 1, 2009.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-7-603.1. Repealed by Laws 1990, c. 298, &sect; 12, eff. July 1, 1991.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-604. Repealed by Laws 1982, c. 355, &sect; 11, emerg. eff. June 2, 1982.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-605. Suspension of driving privilege and registration - Proof of security - Seizure of driver license and vehicle - Other penalties - Immunity.&nbsp;</span></p> <p><span class="cls0">A. 1. Whenever any person forfeits a bond, fails to appear, or is convicted in any state or municipal court for permitting the operation in this state of a motor vehicle owned by the person without the security required by this title, for operating a motor vehicle in this state without the security required by this title, or for failure to carry a security verification form, the Department of Public Safety shall suspend the driving privilege of the person.&nbsp;</span></p> <p><span class="cls0">2. The suspension of the driving privilege shall remain in effect until payment is made of the fees provided for in Section 6-212 of this title and proof of security is furnished to the Department of Public Safety which complies with the requirements of the Compulsory Insurance Law; provided, for purposes of this section, proof of security shall not mean a binder policy but shall mean an owner&rsquo;s policy or an operator&rsquo;s policy, as defined in Section 7-600 of this title; provided further, a suspension for failure to appear shall remain in effect until proof of appearance is received by the Department from the reporting court. Suspension under this section shall be effective when notice thereof is given pursuant to Section 2-116 of this title.&nbsp;</span></p> <p><span class="cls0">3. Any person whose driving privilege has been suspended pursuant to the provisions of this subsection shall surrender to the Department his or her driver license. Any person failing to voluntarily relinquish his or her driver license to the Department within thirty (30) days of receipt of the notice specified in paragraph 2 of this subsection shall pay a fee of Fifty Dollars ($50.00) in addition to the fees provided for in Section 6-212 of this title.&nbsp;</span></p> <p><span class="cls0">4. If a person furnishes proof to the satisfaction of the Department that security was in effect at the time of the alleged offense, the Department shall vacate the suspension order and shall not require the filing of a certificate of insurance nor payment of either of the above fees.&nbsp;</span></p> <p><span class="cls0">B. 1. When suspending the driving privilege for violation of the Compulsory Insurance Law, or for violation of a municipal ordinance requiring security or the carrying of a security verification form, the Department may rely upon court records which indicate that a person was either convicted or failed to appear upon the charge when the record is obtained from any court of competent jurisdiction which indicates one of the following:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;a conviction, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;a notice of bond forfeiture.&nbsp;</span></p> <p><span class="cls0">2. A court record is sufficient under paragraph 1 of this subsection which includes a statement such as "No Security Form", "No Insurance" or other term indicating lack of security.&nbsp;</span></p> <p><span class="cls0">3. The Department may continue to rely on such records until proof is submitted from the issuing court clerk which indicates that the record either:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;was issued in error, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;was not related to a violation of:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the Compulsory Insurance Law,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;a security verification form as required by this article, or&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;a municipal ordinance requiring security or the carrying of a security verification form.&nbsp;</span></p> <p><span class="cls0">C. If a nonresident's driving privilege is suspended pursuant to subsection A of this section, the Department shall transmit notice of the suspension to the licensing agency in the state in which the nonresident resides.&nbsp;</span></p> <p><span class="cls0">D. Whenever any person&rsquo;s driving privilege has been suspended pursuant to this section or Section 7-612 of this title, the Department may notify any law enforcement officer of the suspension. Any law enforcement officer who has been notified that the driving privilege of a person has been suspended, upon observing the person or motor vehicle anywhere upon a public street, highway, roadway, turnpike, or public parking lot, shall stop the person or motor vehicle, seize the driver license of the person, seize the vehicle being operated by the person and cause the vehicle to be towed and stored as provided in subsection B of Section 955 of this title, if the officer has probable cause to believe that the vehicle is not insured as required by the Compulsory Insurance Law of this state.&nbsp;</span></p> <p><span class="cls0">E. No person shall have a property interest in a driver license issued pursuant to the laws of this state and it shall be the duty of every person whose driving privilege has been suspended to forthwith surrender his or her driver license upon the request of any law enforcement officer or representative of the Department.&nbsp;</span></p> <p><span class="cls0">F. Any person upon a public street, highway, roadway, turnpike, or public parking lot, within this state, who willfully refuses to surrender possession of a driver license after being informed by a peace officer or representative of the Department that his or her driving privilege is currently under suspension according to the records of the Department, shall be guilty of a misdemeanor, punishable as provided in Section 17-101 of this title.&nbsp;</span></p> <p><span class="cls0">G. Any driver license surrendered to or seized by a law enforcement officer pursuant to the Compulsory Insurance Law shall be submitted to a representative of the Department in a manner and with a form or method approved by the Department.&nbsp;</span></p> <p><span class="cls0">H. The Department shall deposit fees collected pursuant to paragraph 3 of subsection A of this section or pursuant to subsection E of Section 7-612 of this title in a special account of the Department maintained with the office of the State Treasurer. The State Treasurer shall credit these fees to this special account to be distributed as hereinafter provided.&nbsp;</span></p> <p><span class="cls0">I. The Department shall identify the name of the employing law enforcement agency from which a suspended driver license has been received pursuant to this section, and determine that the fee required by paragraph 3 of subsection A of this section has been paid. The Department shall reimburse the law enforcement agency so identified the sum of Twenty-five Dollars ($25.00) for each driver license from the special account.&nbsp;</span></p> <p><span class="cls0">J. Any unencumbered monies remaining in the special account at the close of each calendar month shall be transferred by the Department to the General Revenue Fund of the State Treasury.&nbsp;</span></p> <p><span class="cls0">K. The State of Oklahoma, the departments and agencies thereof, including the Department of Public Safety, all political subdivisions, and the officers and employees of each, shall not be held legally liable in any suit in law or in equity for any erroneous entry of a suspension upon the records of the Department, nor for the enforcement of the provisions of the Compulsory Insurance Law performed in good faith.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 176, &sect; 5, operative Dec. 11, 1976. Amended by Laws 1980, c. 235, &sect; 10, eff. Jan. 1, 1981; Laws 1982, c. 355, &sect; 8, operative July 1, 1982; Laws 1986, c. 279, &sect; 19, operative July 1, 1986; Laws 1987, c. 5, &sect; 155, emerg. eff. March 11, 1987; Laws 1988, c. 243, &sect; 2, eff. Nov. 1, 1988; Laws 1990, c. 298, &sect; 3; Laws 1991, c. 335, &sect; 15, emerg. eff. June 15, 1991; Laws 1993, c. 301, &sect; 2, eff. Sept. 1, 1993; Laws 1994, c. 218, &sect; 9, eff. April 1, 1995; Laws 1999, c. 119, &sect; 2, eff. Nov. 1, 1999; Laws 2006, c. 322, &sect; 4, eff. July 1, 2006; Laws 2009, c. 62, &sect; 36, eff. Nov. 1, 2009; Laws 2010, c. 440, &sect; 3, eff. Nov. 1, 2010.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1990, c. 219, &sect; 44 repealed by Laws 1991, c. 335, &sect; 36, emerg. eff. June 15, 1991.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-606. Failure to maintain insurance or security - Penalties.&nbsp;</span></p> <p><span class="cls0">A. 1. An owner or operator who fails to comply with the Compulsory Insurance Law, or who fails to produce for inspection a valid and current security verification form or equivalent form which has been issued by the Department of Public Safety upon request of any peace officer, representative of the Department of Public Safety or other authorized person, shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than Two Hundred Fifty Dollars ($250.00), or imprisonment for not more than thirty (30) days, or by both such fine and imprisonment, and in addition thereto, shall be subject to suspension of the driving privilege of the person in accordance with Section 7-605 of this title. Upon issuing a citation under this paragraph, the law enforcement officer issuing the citation may:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;seize the vehicle being operated by the person and cause the vehicle to be towed and stored as provided by subsection B of Section 955 of this title, if the officer has probable cause to believe that the vehicle is not insured as required by the Compulsory Insurance Law of this state, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;seize the license plate of the vehicle and issue the citation to the vehicle operator, provided that the vehicle is in a drivable condition at the time of issuing the citation. A copy of the citation retained by the owner or operator of the vehicle shall serve as the temporary license plate of the vehicle for up to ten (10) working days after the issuance of the citation. After ten (10) working days, the vehicle shall not be used until the vehicle operator or owner completes the requirements to retrieve the license plate.&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;After the issuance of the citation, the law enforcement agency issuing the citation shall, within three (3) days, deposit the license plate and deliver a copy of the citation to the county sheriff's office of the county where the violation has occurred.&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;The vehicle owner or operator may retrieve the license plate from the county sheriff's office upon providing verification of compliance with the Compulsory Insurance Law, payment in full of an administrative fee of One Hundred Twenty-five Dollars ($125.00) to the county sheriff's office and payment in full of the citation to the court clerk. The county sheriff's office shall transfer the administrative fee to the Plan Administrator. The Plan Administrator shall distribute the administrative fee as follows:&nbsp;</span></p> <p class="cls7"><span class="cls0">(a)&nbsp;&nbsp;Twenty Dollars ($20.00) of the fee shall be distributed to the county sheriff's office to defray any expenses involved in the storage of the license plate,&nbsp;</span></p> <p class="cls7"><span class="cls0">(b)&nbsp;&nbsp;Seventy Dollars ($70.00) of the fee shall be transferred to the law enforcement agency which issued the citation and may be used for any lawful purpose,&nbsp;</span></p> <p class="cls7"><span class="cls0">(c)&nbsp;&nbsp;Twenty-five Dollars ($25.00) of the fee shall be transferred to the Temporary Insurance Premium Pool, and&nbsp;</span></p> <p class="cls7"><span class="cls0">(d)&nbsp;&nbsp;the Plan Administrator shall retain Ten Dollars ($10.00) of the fee.&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;The county sheriff's office may dispose of any unclaimed license plate after ninety (90) days according to applicable state law. After the license plate has been disposed of by the county sheriff's office, the operator or owner shall be required to obtain a new license plate pursuant to all existing requirements.&nbsp;</span></p> <p><span class="cls0">If the operator of the vehicle produces what appears to be a valid security verification form and the officer is unable to confirm compliance through the online verification system or noncompliance by a subsequent investigation, the officer shall be prohibited from seizing the license plate or seizing the vehicle and causing such vehicle to be towed and stored. Further, no vehicle shall be seized and towed under the provisions of this paragraph if said vehicle is displaying a temporary license plate that has not expired pursuant to the provisions of Sections 1137.1 and 1137.3 of this title.&nbsp;</span></p> <p><span class="cls0">2. An owner other than an owner of an antique or a classic automobile as defined by the Oklahoma Tax Commission who files an affidavit that a vehicle shall not be driven upon the public highways or public streets, pursuant to Section 7-607 of this title, who drives or permits the driving of the vehicle upon the public highways or public streets, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than Five Hundred Dollars ($500.00), or imprisonment for not more than thirty (30) days, or by both such fine and imprisonment, and in addition thereto, shall be subject to suspension of the driving privilege of the person in accordance with Section 7-605 of this title.&nbsp;</span></p> <p><span class="cls0">B. A sentence imposed for any violation of the Compulsory Insurance Law may be suspended or deferred in whole or in part by the court.&nbsp;</span></p> <p><span class="cls0">C. Any person producing proof in court that a current security verification form or equivalent form which has been issued by the Department of Public Safety reflecting liability coverage for the person was in force at the time of the alleged offense shall be entitled to dismissal of the charge. If proof of security verification is presented to the court by no later than the business day preceding the first scheduled court appearance date, the dismissal shall be without payment of court costs. The court may access information from the online verification system to confirm liability coverage. The court shall not dismiss the fine unless proof that liability coverage for the person was in force at the time of the alleged offense is presented to the court.&nbsp;</span></p> <p><span class="cls0">D. Upon conviction or bond forfeiture, the court clerk shall forward an abstract to the Department of Public Safety within five (5) days reflecting the action taken by the court.&nbsp;</span></p> <p><span class="cls0">E. For purposes of this section, "court" means any court in this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1976, c. 176, &sect; 6, operative Dec. 11, 1976. Amended by Laws 1981, c. 271, &sect; 1; Laws 1982, c. 355, &sect; 9, operative July 1, 1982; Laws 1984, c. 181, &sect; 2, eff. Nov. 1, 1984; Laws 1988, c. 243, &sect; 3, eff. Nov. 1, 1988; Laws 1989, c. 110, &sect; 1, eff. Nov. 1, 1989; Laws 1990, c. 298, &sect; 4; Laws 1991, c. 74, &sect; 1, eff. Sept. 1, 1991; Laws 2001, c. 131, &sect; 7, eff. July 1, 2001; Laws 2006, c. 322, &sect; 6, eff. July 1, 2006; Laws 2009, c. 62, &sect; 37, eff. Nov. 1, 2009; Laws 2010, c. 440, &sect; 4, eff. Nov. 1, 2010; Laws 2011, c. 193, &sect; 1, eff. Nov. 1, 2011; Laws 2012, c. 207, &sect; 4, emerg. eff. May 8, 2012; Laws 2013, c. 176, &sect; 9, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-607. Exemptions.&nbsp;</span></p> <p><span class="cls0">A. Every owner of a motor vehicle which is not used upon the public highways or public streets shall be exempt from the provisions of the Compulsory Insurance Law if the owner of the vehicle has filed an affidavit with the appropriate motor license agent which states that the vehicle shall not be driven upon the public highways or public streets during the uninsured period.&nbsp;</span></p> <p><span class="cls0">The form of the affidavit shall be prescribed by the Oklahoma Tax Commission and shall contain blanks for the owner to specify the length of time the vehicle shall not be driven upon the public highways or public streets, the reason the vehicle shall not be driven, and any other information deemed necessary by the Tax Commission.&nbsp;</span></p> <p><span class="cls0">B. The owner or transporter of a manufactured home, as defined by Section 1102 of this title, who is moving or transporting such manufactured home on state roads or federal highways shall comply with the provisions of the Compulsory Insurance Law.&nbsp;</span></p> <p><span class="cls0">C. Any person, firm or corporation engaged in the business of operating a taxicab or taxicabs shall be exempt from the provisions of the Compulsory Insurance Law if the person, firm or corporation has complied with the provisions of Section 8-104 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 105, &sect; 1, eff. Dec. 11, 1978. Amended by Laws 1981, c. 118, &sect; 3; Laws 1984, c. 253, &sect; 3, operative July 1, 1984; Laws 1986, c. 138, &sect; 1, emerg. eff. April 17, 1986; Laws 2009, c. 62, &sect; 38, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-608. Repealed by Laws 2009, c. 7, &sect; 2, eff. Nov. 1, 2009 and Laws 2009, c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-609. Repealed by Laws 2009 c. 62, &sect; 41, eff. Nov. 1, 2009.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-610. Repealed by Laws 1994, c. 218, &sect; 12, eff. April 1, 1995.&nbsp;</span></p> <p><span class="cls0">&sect;47-7-612. Security verification forms - Violations of law - Penalties.&nbsp;</span></p> <p><span class="cls0">A. It is a misdemeanor for any person:&nbsp;</span></p> <p><span class="cls0">1. To purchase a security verification form which bears altered or fictitious information concerning the existence of security required by the Compulsory Insurance Law;&nbsp;</span></p> <p><span class="cls0">2. To display or cause or permit to be displayed or to possess a security verification form which the person knows bears altered or fictitious information concerning the existence of security required by the Compulsory Insurance Law; or&nbsp;</span></p> <p><span class="cls0">3. To display or cause or permit to be displayed or to possess any security verification form that is counterfeit.&nbsp;</span></p> <p><span class="cls0">B. It is a felony for anyone, other than an insurer or insurance producer as defined by Section 1435.2 of Title 36 of the Oklahoma Statutes, to:&nbsp;</span></p> <p><span class="cls0">1. Create or otherwise manufacture a security verification form or facsimile thereof, or to create, manufacture or possess an engraved plate or other such device for the printing of security verification forms; or&nbsp;</span></p> <p><span class="cls0">2. Issue or sell security verification forms.&nbsp;</span></p> <p><span class="cls0">C. 1. The violation of any of the provisions of subsection A of this section shall constitute a misdemeanor punishable by a fine of not less than Twenty-five Dollars ($25.00), nor more than Two Hundred Fifty Dollars ($250.00) and by mandatory suspension of the person&rsquo;s driving privilege for:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;two (2) months, for a first offense,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;six (6) months, for a second offense, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;one (1) year, for a third or subsequent offense.&nbsp;</span></p> <p><span class="cls0">The suspension imposed under this subsection shall not be modified.&nbsp;</span></p> <p><span class="cls0">2. The violation of any of the provisions of subsection B of this section shall constitute a felony punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00) or a term of imprisonment in the custody of the Department of Corrections not to exceed seven (7) years, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">D. The suspension required in subsection C of this section shall remain in effect until payment is made of the fees provided for in Section 6-212 of this title and proof of security is furnished to the Department of Public Safety which complies with the requirements of Section 7-601 of this title. Suspension under this section shall be effective when notice is given pursuant to Section 2-116 of this title.&nbsp;</span></p> <p><span class="cls0">E. Any person whose driving privilege has been suspended pursuant to the provisions of subsection C of this section shall surrender to the Department his or her driver license within thirty (30) days from the date of the suspension. Any owner failing to surrender his or her driver license to the Department within such time shall pay a fee of Fifty Dollars ($50.00) which shall be in addition to the fees provided for in Section 6-212 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 322, &sect; 5, eff. July 1, 2006. Amended by Laws 2007, c. 326, &sect; 15, eff. Nov. 1, 2007; Laws 2009, c. 62, &sect; 39, eff. Nov. 1, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-621. Oklahoma Temporary Motorist Liability Plan.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the "Oklahoma Temporary Motorist Liability Plan".&nbsp;</span></p> <p><span class="cls0">B. The Oklahoma Temporary Motorist Liability Plan will provide minimum vehicle liability insurance coverage for the payment of loss resulting from the liability imposed by law for bodily injury, death and property damage sustained by any person arising out of the ownership, maintenance, operation or use of a vehicle when a citation is issued and the vehicle license plate has been seized pursuant to subparagraph b of paragraph 1 of subsection A of Section 7-606 of Title 47 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">C. Coverage amount will be equal to the state minimum liability requirement.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 176, &sect; 1, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-622. Coverage periods.&nbsp;</span></p> <p><span class="cls0">A. Coverage shall only be provided by the Oklahoma Temporary Motorist Liability Plan from the time period beginning when the citation is issued and the vehicle license plate is seized pursuant to subparagraph b of paragraph 1 of subsection A of Section 7-606 of Title 47 of the Oklahoma Statutes, and ending at the earliest of the following times:&nbsp;</span></p> <p><span class="cls0">1. When the owner of the vehicle has:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;obtained documentation from the Department of Public Safety showing the owner of the vehicle has secured for the payment of loss resulting from the liability imposed by law for bodily injury, death and property damage sustained by any person arising out of the ownership, maintenance, operation or use of the vehicle meeting the minimum vehicle liability limits, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;obtained the state minimum mandatory insurance from an insurance carrier;&nbsp;</span></p> <p><span class="cls0">2. Retrieved the license plate from the county sheriff's office pursuant to subparagraph b of paragraph 1 of subsection A of Section 7-606 of Title 47 of the Oklahoma Statutes; or&nbsp;</span></p> <p><span class="cls0">3. When the citation serving as the temporary license plate has expired pursuant to subparagraph b of paragraph 1 of subsection A of Section 7-606 of Title 47 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. Coverage shall only be provided while the motor vehicle is operated in this state during the time period provided in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 176, &sect; 2, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-623. Temporary Insurance Premium Pool.&nbsp;</span></p> <p><span class="cls0">A. There is hereby created the Temporary Insurance Premium Pool. Funds shall be deposited into the Temporary Insurance Premium Pool pursuant to subparagraph b of paragraph 1 of subsection A of Section 7-606 of Title 47 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">B. Any interest or earning accrued to the Plan Administrator accounts associated with the Oklahoma Temporary Motorist Liability Plan shall be deposited into the Temporary Insurance Premium Pool.&nbsp;</span></p> <p><span class="cls0">C. At the end of any state fiscal year, if the Temporary Insurance Premium Pool reserves exceed that year's three-month average total statewide premium, then the excess funds shall be distributed to the Department of Public Safety's operations fund.&nbsp;</span></p> <p><span class="cls0">D. The Temporary Insurance Premium Pool is subject to audit by the State Auditor and Inspector.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 176, &sect; 3, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-624. Secondary coverage.&nbsp;</span></p> <p><span class="cls0">Coverage provided by the Oklahoma Temporary Motorist Liability Plan will be secondary to any other coverage in effect on the vehicle.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 176, &sect; 4, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-625. Forms - Bidding.&nbsp;</span></p> <p><span class="cls0">A. The Insurance Commissioner shall annually develop and approve a policy form for the purpose of providing coverage under the Oklahoma Temporary Motorist Liability Plan. All coverage and exclusions shall be defined in the form prescribed by the Commissioner. The exclusions may include, but are not limited to, driving without a license, driving during the commission of a felony or driving while under the influence. The approved policy form shall become part of a Request for Proposals.&nbsp;</span></p> <p><span class="cls0">B. The Office of Management and Enterprise Services, in consultation with the Insurance Commissioner, shall select an insurer through a competitive bidding process to administer insurance coverage under the Plan.&nbsp;</span></p> <p><span class="cls0">C. Bids shall be received by the Office of Management and Enterprise Services by November 1 of each year. Bids shall be expressed as a daily temporary insurance rate and shall include all costs associated with administering the insurance portion of the Plan. Bids may not include any additional administrative fees. The Office of Management and Enterprise Services, in consultation with the Insurance Commissioner, shall select the lowest and best bid.&nbsp;</span></p> <p><span class="cls0">D. If no acceptable bids are received, the Office of Management and Enterprise Services may suspend coverage provided under the Plan until acceptable bids are received.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 176, &sect; 5, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-626. Plan administrator &ndash; Rates - Premiums.&nbsp;</span></p> <p><span class="cls0">A. A statewide association of county sheriffs in Oklahoma shall serve as the Plan Administrator.&nbsp;</span></p> <p><span class="cls0">B. The daily rate for temporary insurance under the Oklahoma Temporary Motorist Liability Plan for the following calendar year shall be announced on the first Monday in December. The daily cost of coverage shall be paid to the county sheriff's office and the fine and fees associated with the traffic ticket shall be paid to the court clerk. The daily cost of coverage shall be calculated on each twenty-four-hour period from the time the citation was issued pursuant to subparagraph b of paragraph 1 of subsection A of Section 7-606 of Title 47 of the Oklahoma Statutes, rounding up. The county sheriff's office shall not waive premium dues for any defendant. The county sheriff's office shall remit all proceeds from the daily cost of insurance to the Plan on the first business day of each month to the Plan Administrator. The Plan Administrator shall remit the total statewide monthly premium to the appropriate insurance carrier within sixty (60) days of the premium being earned.&nbsp;</span></p> <p><span class="cls0">C. If for any reason the premium is not collected, then the Oklahoma Temporary Motorist Liability Plan shall pay the premium out of the Temporary Insurance Premium Pool.&nbsp;</span></p> <p><span class="cls0">D. If the citation issued pursuant to subparagraph b of paragraph 1 of subsection A of Section 7-606 of Title 47 of the Oklahoma Statutes is dismissed without cost, the coverage provided under the Plan is considered never activated and the premium is considered unearned and shall be waived.&nbsp;</span></p> <p><span class="cls0">E. Tag agents shall not issue a new or renewed tag for this vehicle until all fines, fees and premiums have been paid and the license plate has been released by the county sheriff's office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 176, &sect; 6, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-627. Right of recovery.&nbsp;</span></p> <p><span class="cls0">The insurance carrier whose bid was selected by the Office of Management and Enterprise Services shall have the right to recover from the owner of the vehicle or the driver of the vehicle that was cited for claims paid by the Oklahoma Temporary Motorist Liability Plan.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 176, &sect; 7, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-628. Implementation.&nbsp;</span></p> <p><span class="cls0">The Department of Public Safety may promulgate reasonable and necessary rules concerning the implementation of the Oklahoma Temporary Motorist Liability Plan.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2013, c. 176, &sect; 8, eff. Nov. 1, 2013.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-7-700. Reinstatement of driving privileges following subsequent withdrawal &ndash; Liability for fees.&nbsp;</span></p> <p><span class="cls0">Any person whose driving privileges have been withdrawn by the Department under the provisions of Chapter 7 of this title, and whose driving privileges are subsequently withdrawn for another violation of Chapter 7 of this title arising out of the same incident, shall not be required to pay to the Department any additional fees required by Section 6-212 of this title, as a condition of reinstatement of driving privileges from the subsequent withdrawal.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 58, &sect; 1, eff. July 1, 2000. Amended by Laws 2005, c. 394, &sect; 7, emerg. eff. June 6, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;478101. Owner of forrent vehicle to give proof of financial responsibility.&nbsp;</span></p> <p><span class="cls0">(a) It shall be unlawful for the owner of any motor vehicle engaged in the business of renting motor vehicles without drivers to rent a motor vehicle without a driver otherwise than as a part of a bona fide transaction involving the sale of such motor vehicle, unless he has previously notified the Department of the intention to so rent such vehicle and has given proof of financial responsibility, and the Tax Commission shall not register any such vehicle unless and until the owner gives proof of financial responsibility either as provided in this section or, in the alternative, as provided in Section 8102 of this title. The Department shall cancel the registration of any motor vehicle rented without a driver whenever the Department ascertains that the owner has failed or is unable to give and maintain such proof of financial responsibility.&nbsp;</span></p> <p><span class="cls0">(b) Such owner shall submit to the Commissioner evidence that there has been issued to him by an insurance carrier authorized to do business in this state a public liability insurance policy or policies covering each such motor vehicle so rented in the amounts as hereinafter stated and insuring every person operating such vehicle under a rental agreement or operating the vehicle with the express or implied permission of the owner against loss from the liability imposed by law upon such person arising out of the operation of said vehicle in the amount of Twenty-five Thousand Dollars ($25,000.00) for bodily injury to or death of one person and, subject to said limit as respects bodily injury to or death of any one person, the amount of Fifty Thousand Dollars ($50,000.00) on account of bodily injury to or death of more than one person in any one accident and Twenty-five Thousand Dollars ($25,000.00) for damage to property of others in any one accident. Provided, that the Commissioner is authorized to accept, in lieu of such public liability insurance policy covering specific vehicles, proof by evidence satisfactory to the Commissioner of a valid and binding lease contract between the owner and a renter wherein it is agreed between such owner and the lesseerenter that such lesseerenter accepts responsibility for loss from any liability imposed by law upon any person arising out of the operation, either by express or implied permission of the lesseerenter, of any vehicle covered by such lease in amounts not less than the minimum amounts before set out in this subsection, together with satisfactory evidence of issuance to such lesseerenter, by an insurance carrier authorized to do business in this state, proper public liability insurance policies in amounts of not less than the minimum amounts before set out in this subsection or sufficient showing of financial responsibility of such lesseerenter as is required of owners by the provisions of Section 8102 of this title.&nbsp;</span></p> <p><span class="cls0">(c) The owner shall maintain such policy or policies in full force and effect during all times that he is engaged in the business of renting any motor vehicle without a driver unless said owner shall have given proof of financial responsibility as provided in Section 8102 of this title.&nbsp;</span></p> <p><span class="cls0">(d) Said policy or policies need not cover any liability incurred by the renter of any vehicle to any passenger in such vehicle.&nbsp;</span></p> <p><span class="cls0">(e) When any suit or action is brought against the owner of a forrent motor vehicle upon a liability under this title, it shall be the duty of the judge of the court before whom the case is pending to cause a preliminary hearing to be had, in the absence of the jury, for the purpose of determining whether the owner has obtained and there is in full force and effect, a policy or policies of insurance covering the person operating the vehicle under a rental agreement, in the limits above mentioned. When it appears that the owner has obtained such policy or policies and that the same are in full force and effect, the judge or magistrate before whom such action is pending shall dismiss the action as to the owner of the motor vehicle.&nbsp;</span></p> <p><span class="cls0">(f) Whenever the owner of a motor vehicle rents such vehicle without a driver to another, it shall be unlawful for the latter to permit any other person to operate such vehicle without the permission of the owner.&nbsp;</span></p> <p><span class="cls0">(g) Any person who violates any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 367, &sect; 8101, eff. Sept. 1, 1961. Amended by Laws 1980, c. 235, &sect; 7, eff. Jan. 1, 1981; Laws 2004, c. 519, &sect; 33, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;478102. Owner of forrent vehicle liable when no policy obtained.&nbsp;</span></p> <p><span class="cls0">(a) In the event the owner of a forrent motor vehicle has not given proof of financial responsibility as provided in Section 8101 of this title, then the Tax Commission shall not register any motor vehicle owned by such person and rented, or intended to be rented, to another unless such owner shall demonstrate, to the satisfaction of the Commissioner, his financial ability to respond in damages as follows:&nbsp;</span></p> <p><span class="cls0">1. If he applies for registration of one motor vehicle, in the sum of at least Twenty Thousand Dollars ($20,000.00) for any one person injured or killed and in the sum of Forty Thousand Dollars ($40,000.00) for any number more than one injured or killed in any one accident.&nbsp;</span></p> <p><span class="cls0">2. If he applies for the registration of more than one motor vehicle, then in the foregoing sums for one motor vehicle, and Twenty Thousand Dollars ($20,000.00) additional for each motor vehicle in excess of one, but it shall be sufficient for the owner to demonstrate ability to respond in damages in the sum of Two Hundred Thousand Dollars ($200,000.00) for any number of motor vehicles.&nbsp;</span></p> <p><span class="cls0">(b) The Department shall cancel the registration of any motor vehicle rented without a driver whenever the Department ascertains that the owner has failed or is unable to comply with the requirements of this section.&nbsp;</span></p> <p><span class="cls0">(c) Any owner of a forrent motor vehicle who has given proof of financial responsibility under this section or who in violation of this act, has failed to give proof of financial responsibility shall be jointly and severally liable with any person operating such vehicle for any damages caused by the negligence of any person operating the vehicle by or with the permission of the owner, except that the foregoing provision shall not confer any right of action upon any passenger in any such rented vehicle as against the owner.&nbsp;</span></p> <p><span class="cls0">(d) Nothing in this section shall be construed to prevent an owner from making defense in any such action upon the ground of comparative or contributory negligence to the extent to which such defense is allowed in other cases.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 368, &sect; 8102; Laws 1980, c. 235, &sect; 11, eff. Jan. 1, 1981. &nbsp;</span></p> <p><span class="cls0">&sect;47-8-103. Renting motor vehicle to another.&nbsp;</span></p> <p><span class="cls0">A. No person shall rent a motor vehicle to any other person unless the person to whom the vehicle is to be rented is duly licensed to operate a motor vehicle as required under this act or, in the case of a nonresident, then duly licensed under the laws of the state or country of his or her residence.&nbsp;</span></p> <p><span class="cls0">B. No person shall rent a motor vehicle to another until he or she has inspected the driver license of the person to whom the vehicle is to be rented and compared and verified the signature thereon with the signature of such person written in his or her presence.&nbsp;</span></p> <p><span class="cls0">C. Every person renting a motor vehicle to another shall keep a record of the registration number of the motor vehicle so rented, the name and address and driver license number of the person to whom the vehicle is rented, the expiration date of said license and place where said license was issued. Such record shall be open to inspection by any police officer or officer or employee of the Department.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 368, &sect; 8-103, eff. Sept. 1, 1961. Amended by Laws 1995, c. 23, &sect; 11, eff. Nov. 1, 1995; Laws 2005, c. 355, &sect; 1, eff. Nov. 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-8-104. Financial responsibility of taxicab operators.&nbsp;</span></p> <p><span class="cls0">A. 1. Every person, firm or corporation engaged in the business of operating a taxicab or taxicabs within a municipality shall file with the governing board of the municipality in which such business is operated proof of financial responsibility.&nbsp;</span></p> <p><span class="cls0">2. No governing board of a municipality shall hereafter issue any certificate of convenience and necessity, franchise, license permit or other privilege or authority to any person, firm or corporation authorizing such person, firm or corporation to engage in the business of operating a taxicab or taxicabs within the municipality unless such person, firm or corporation first files with the governing board proof of financial responsibility.&nbsp;</span></p> <p><span class="cls0">3. Every person, firm or corporation engaging or intending to engage in the business of transporting passengers outside a municipality shall be subject to the jurisdiction of the Corporation Commission in accordance with Section 230.24 of this title and the rules of the Corporation Commission.&nbsp;</span></p> <p><span class="cls0">B. As used in this section, "proof of financial responsibility" shall mean a certificate of any insurance carrier or risk retention group, as defined in Section 6453 of Title 36 of the Oklahoma Statutes, authorized to do business in the state certifying that there is in effect a policy of liability insurance insuring the owner and operator of the taxicab business, his agents and employees while in the performance of their duties against loss from any liability imposed by law for damages including damages for care and loss of services because of bodily injury to or death of any person and injury to or destruction of property caused by accident and arising out of the ownership, use or operation of such taxicab or taxicabs, subject to minimum limits, exclusive of interest and cost, with respect to each such motor vehicle as follows:&nbsp;</span></p> <p><span class="cls0">1. Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to or death of one person in any one accident and, subject to said limit for one person;&nbsp;</span></p> <p><span class="cls0">2. Fifty Thousand Dollars ($50,000.00) because of bodily injury to or death of two or more persons in any one accident; and&nbsp;</span></p> <p><span class="cls0">3. Twenty-five Thousand Dollars ($25,000.00) because of injury to or destruction of property of others in any one accident.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 369, &sect; 8-104, eff. Sept. 1, 1961. Amended by Laws 1980, c. 235, &sect; 12, eff. Jan. 1, 1981; Laws 1986, c. 138, &sect; 2, emerg. eff. April 17, 1986; Laws 1998, c. 85, &sect; 5, eff. July 1, 1998; Laws 2000, c. 165, &sect; 1, eff. Nov. 1, 2000; Laws 2004, c. 519, &sect; 34, eff. Nov. 1, 2004; Laws 2007, c. 326, &sect; 16, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-10-101. Provisions of chapter apply throughout state.&nbsp;</span></p> <p><span class="cls0">The provisions of this chapter shall apply upon highways and elsewhere throughout the state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 370, &sect; 10-101, eff. Sept. 1, 1961. Amended by Laws 1972, c. 160, &sect; 2.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-10-102. Accidents involving nonfatal injury.&nbsp;</span></p> <p><span class="cls0">A. The driver of any vehicle involved in an accident resulting in a nonfatal injury to any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 10104 of this title. Every such stop shall be made without obstructing traffic more than is necessary.&nbsp;</span></p> <p><span class="cls0">B. Any person willfully, maliciously, or feloniously failing to stop to avoid detection or prosecution or to comply with said requirements under such circumstances, shall upon conviction be guilty of a felony punishable by imprisonment for not less than ten (10) days nor more than two (2) years, or by a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. The Commissioner of Public Safety shall revoke the license or permit to drive and any nonresident operating privilege of the person so convicted.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 370, &sect; 10-102, eff. Sept. 1, 1961. Amended by Laws 1985, c. 112, &sect; 9, eff. Nov. 1, 1985; Laws 1992, c. 382, &sect; 5, emerg. eff. June 9, 1992; Laws 1997, c. 133, &sect; 478, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 345, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 478 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-10-102.1. Accidents involving death.&nbsp;</span></p> <p><span class="cls0">The driver of any vehicle involved in an accident resulting in the death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 10-104 of this title. Every such stop shall be made without obstructing traffic more than is necessary.&nbsp;</span></p> <p><span class="cls0">B. Any person willfully, maliciously, or feloniously failing to stop to avoid detection or prosecution, or to comply with said requirements under such circumstances, shall upon conviction be guilty of a felony punishable by imprisonment for not less than one (1) year nor more than ten (10) years, or by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">C. The Commissioner of Public Safety shall revoke the license or permit to drive and any nonresident operating privilege of the person so convicted.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1992, c. 382, &sect; 6, emerg. eff. June 9, 1992. Amended by Laws 1997, c. 133, &sect; 479, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, &sect; 346, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 479 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;4710103. Accidents involving damage to vehicle.&nbsp;</span></p> <p><span class="cls0">The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 10104 of this title. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment. In addition to the criminal penalties imposed by this section, any person violating the provisions of this section shall be subject to liability for damages in an amount equal to three times the value of the damage caused by the accident. Said damages shall be recoverable in a civil action. Nothing in this section shall prevent a judge from ordering restitution for any damage caused by a driver involved in an accident provided for in this section.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1987, c. 224, &sect; 15, eff. Nov. 1, 1987. &nbsp;</span></p> <p><span class="cls0">&sect;47-10-104. Duty to give information and render aid - Drug and alcohol testing.&nbsp;</span></p> <p><span class="cls0">A. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his correct name, address and registration number of the vehicle he is driving, and shall upon request exhibit his driver license and his security verification form, as defined in Section 7-600 of this title, to the person struck or the driver or occupant of or person attending any vehicle collided with, and shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. Any driver who provides information required by this section which is intentionally inaccurate shall be subject to the provisions of Section 10-103 of this title.&nbsp;</span></p> <p><span class="cls0">B. Any driver of any vehicle involved in an accident who could be cited for any traffic offense where said accident resulted in the immediate death or great bodily injury, as defined in subsection B of Section 646 of Title 21 of the Oklahoma Statutes, of any person shall submit to drug and alcohol testing as soon as practicable after such accident occurs. The traffic offense violation shall constitute probable cause for purposes of Section 752 of this title and the procedures found in Section 752 of this title shall be followed to determine the presence of alcohol or controlled dangerous substances within the driver's blood system.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 371, &sect; 10-104, eff. Sept. 1, 1961. Amended by Laws 1985, c. 134, &sect; 1, eff. Nov. 1, 1985; Laws 1991, c. 237, &sect; 1, eff. Sept. 1, 1991; Laws 1993, c. 192, &sect; 1, eff. Sept. 1, 1993; Laws 1995, c. 23, &sect; 12, eff. Nov. 1, 1995; Laws 1995, c. 313, &sect; 2, eff. July 1, 1995; Laws 2005, c. 394, &sect; 8, emerg. eff. June 6, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;4710105. Duty upon striking unattended vehicle.&nbsp;</span></p> <p><span class="cls0">The driver of any vehicle which collides with any vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the correct name and address of the driver and owner of the vehicle striking the unattended vehicle, and provide said operator or owner with information from his security verification form, as defined by Section 7600 of this title, or shall leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking, and providing information from his security verification form, as defined by Section 7600 of this title, and a statement of the circumstances thereof.&nbsp;</span></p> <p class="cls1"><span class="cls0">Amended by Laws 1985, c. 134, &sect; 2, eff. Nov. 1, 1985. &nbsp;</span></p> <p><span class="cls0">&sect;47-10-106. Duty upon striking fixtures upon a highway.&nbsp;</span></p> <p><span class="cls0">The driver of any vehicle involved in an accident resulting only in damage to fixtures, fences, or other property legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of the driver's name and address and of the registration number of the vehicle being driven and shall upon request exhibit a driver license and security verification form, as defined in Section 7-600 of this title, and shall make report of such accident when and as required in Section 10-108 of this title.&nbsp;</span></p> <p><span class="cls0">Any person failing to stop or comply with said requirements under such circumstances shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment. Nothing in this section shall prevent a judge from ordering restitution for any damage caused by a driver involved in an accident provided for in this section.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 371, &sect; 10-106, eff. Sept. 1, 1961. Amended by Laws 1985, c. 134, &sect; 3, eff. Nov. 1, 1985; Laws 1995, c. 23, &sect; 13, eff. Nov. 1, 1995; Laws 2007, c. 108, &sect; 1, eff. Nov. 1, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;4710107. Immediate notice of accident.&nbsp;</span></p> <p><span class="cls0">The driver of a vehicle involved in an accident resulting in injury to or death of any person shall immediately, by the quickest means of communication, give notice of such accident to the local police department, if such accident occurs within a municipality, or to the office of the county sheriff or the nearest office of the State Highway Patrol after complying with the requirements of Section 10104.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 371, &sect; 10107. &nbsp;</span></p> <p><span class="cls0">&sect;47-10-108. Written report of accident - Notice to other parties - Ancillary proceedings.&nbsp;</span></p> <p><span class="cls0">A. Except for collisions occurring on private property, the operator of a motor vehicle which is in any manner involved in a collision upon any road, street, highway or elsewhere within this state resulting in bodily injury to or death of any person or in which it is apparent that damage to one vehicle or other property is in excess of Three Hundred Dollars ($300.00) shall forward a written report of the collision to the Department of Public Safety if settlement of the collision has not been made within six (6) months after the date of the accident and provided that if a settlement has been made a report of the settlement must be made by the parties.&nbsp;</span></p> <p><span class="cls0">B. A municipality or county shall have the authority to adopt ordinances or resolutions regarding the response of law enforcement to motor vehicle accidents occurring on private property within its jurisdiction; provided, law enforcement agencies shall respond to and report collisions that occur on private property which involve a personal injury, a driver that may be under the influence of alcohol or any other intoxicating substance, or a vehicle that is the property of the state or a political subdivision of the state.&nbsp;</span></p> <p><span class="cls0">C. Notwithstanding the provisions of Section 7-202 of this title, if any party involved in a collision files a report under this section, the Department shall be responsible for providing the most up-to-date and accurate location information within the Department for either party involved at no cost, and notify all other parties involved in the collision, as specified in the report, that a report has been filed and all other parties shall then furnish the Department, within twenty (20) days, the information as the Department may request to determine whether the parties were in compliance with the requirements of Sections 7-601 through 7-607 of this title at the time of the collision. Upon a finding that an owner or driver was not in compliance with Sections 7-601 through 7-607 of this title, the Department shall then commence proceedings under the provisions of Sections 7-201 and 7-308 through 7-335 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 371, &sect; 10-108, eff. Sept. 1, 1961. Amended by Laws 1968, c. 99, &sect; 1, emerg. eff. April 1, 1968; Laws 1980, c. 100, &sect; 2, eff. Oct. 1, 1980; Laws 1981, c. 295, &sect; 2, emerg. eff. June 29, 1981; Laws 1993, c. 192, &sect; 2, eff. Sept. 1, 1993; Laws 2005, c. 394, &sect; 9, emerg. eff. June 6, 2005; Laws 2012, c. 224, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-10-109. Form of report.&nbsp;</span></p> <p><span class="cls0">(a) The form of the report required by this section shall be prescribed by the Commissioner, and the Commissioner shall cause to be prepared such blanks and shall make such blanks available to the motoring public by leaving a supply with sheriffs, chiefs of police, justices of the peace, judges of the district court and other officials as the Commissioner may deem advisable.&nbsp;</span></p> <p><span class="cls0">(b) Such report, in addition to such other information as may be prescribed by the Commissioner, shall contain information to enable the Commissioner to determine whether the requirements for the deposit of security under Section 7-202 are inapplicable by reason of the existence of insurance or other exceptions specified in this act, and shall be accompanied by a copy of an estimate made by some motor vehicle agency or established garage as to the cost of reparing the vehicle of which the person making the report was the operator or owner, which report shall be signed by an authorized representative of such agency or garage.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 371, &sect; 10-109, eff. Sept. 1, 1961.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;4710110. Additional information.&nbsp;</span></p> <p><span class="cls0">The Department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the Department.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 316, &sect; 1110. &nbsp;</span></p> <p><span class="cls0">&sect;4710111. When driver unable to report.&nbsp;</span></p> <p><span class="cls0">(a) An accident report is not required under this chapter from any person who is physically incapable of making report during the period of such incapacity.&nbsp;</span></p> <p><span class="cls0">(b) Whenever the driver of a vehicle is physically incapable of giving an immediate notice of an accident as required in Section 10107 and there was another occupant in the vehicle at the time of the accident capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 371, &sect; 10111. &nbsp;</span></p> <p><span class="cls0">&sect;4710112. False reports.&nbsp;</span></p> <p><span class="cls0">Any person who gives information in reports as required in Sections 10108, 10110 or 10111 knowing or having reason to believe that such information is false shall be fined not more than Five Hundred Dollars ($500.00) or imprisoned for not more than one (1) year, or both.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 372, &sect; 10112. &nbsp;</span></p> <p><span class="cls0">&sect;47-10-113. Accident report forms.&nbsp;</span></p> <p><span class="cls0">A. The Department shall prepare and make available to police departments, coroners, sheriffs, garages and other suitable agencies or individuals forms for accident reports required hereunder, appropriate with respect to the persons required to make such reports and the purposes to be served. The written reports to be made by persons involved in accidents and by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing and the persons and vehicles involved.&nbsp;</span></p> <p><span class="cls0">B. Every accident report required to be made in writing shall be made on the appropriate form approved by the Department and shall contain all of the information required therein unless not available.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 372, &sect; 10-113, eff. Sept. 1, 1961. Amended by Laws 2011, c. 335, &sect; 7.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;4710114. Penalty for failure to report.&nbsp;</span></p> <p><span class="cls0">The Commissioner of Public Safety may suspend the license or permit to drive and any nonresident operating privileges of any person failing to report an accident as herein provided until such report has been filed, and the Commissioner may extend such suspension not to exceed thirty (30) days. Any person convicted of failing to make a report as required herein shall be punished as provided in section 17101.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 372, &sect; 10114. &nbsp;</span></p> <p><span class="cls0">&sect;47-10-115. Confidentiality of reports relating to collisions.&nbsp;</span></p> <p><span class="cls0">A. All collision reports made by persons involved in collisions shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department or other state agencies having use for the records for collision prevention purposes, or for the administration of the laws of this state relating to the deposit of security and proof of financial responsibility by persons driving or the owners of motor vehicles, except that the Department may disclose the identity of a person involved in a collision when the identity is not otherwise known or when the person denies any presence at a collision.&nbsp;</span></p> <p><span class="cls0">B. All collision reports and supplemental information filed in connection with the administration of the laws of this state relating to the deposit of security or proof of financial responsibility shall be confidential and not open to general public inspection, nor shall copying of lists of the reports be permitted, except, however, that the reports and supplemental information may be examined by, or the Department may provide a copy to, any person named therein, a representative of the person as designated in writing by the person, or as provided in Section 40-102 of this title.&nbsp;</span></p> <p><span class="cls0">C. No reports or information mentioned in this section shall be used as evidence in any trial, civil or criminal, arising out of a collision, except that the Department shall furnish upon demand of any party to a trial, or upon demand of any court, a certificate showing that a specified collision report has or has not been made to the Department in compliance with law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 372, &sect; 10-115, eff. Sept. 1, 1961. Amended by Laws 2000, c. 324, &sect; 3, eff. July 1, 2000; Laws 2005, c. 394, &sect; 10, emerg. eff. June 6, 2005.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;4710116. Department to tabulate and analyze accident reports.&nbsp;</span></p> <p><span class="cls0">The Department may tabulate and analyze all accident reports and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of traffic accidents.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 372, &sect; 10116. &nbsp;</span></p> <p><span class="cls0">&sect;4710117. Any incorporated city may require accident reports.&nbsp;</span></p> <p><span class="cls0">Any incorporated city, town, village or other municipality may by ordinance require that the driver of a vehicle involved in an accident shall also file with a designated city department a report of such accident or a copy of any report herein required to be filed with the Department. All such reports shall be for the confidential use of the city department and subject to the provisions of Section 10115 of this Code.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 372, &sect; 10117. &nbsp;</span></p> <p><span class="cls0">&sect;47-10-118. Accident response fee prohibited.&nbsp;</span></p> <p><span class="cls0">A. Notwithstanding any other section of law to the contrary, no person or entity shall impose an accident response fee for the response or investigation of a motor vehicle accident by law enforcement.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, &ldquo;accident response fee&rdquo; means a fee imposed for the response or investigation of a motor vehicle accident and does not mean any fee otherwise specifically authorized by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2009, c. 340, &sect; 3, emerg. eff. May 27, 2009.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-11-101. Provisions of chapter refer to vehicles upon the highways - Exceptions.&nbsp;</span></p> <p><span class="cls0">The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon the highways except:&nbsp;</span></p> <p><span class="cls0">1. Where a different place is specifically referred to in a given section.&nbsp;</span></p> <p><span class="cls0">2. The provisions of Chapter 10 of this title and Article IX of this chapter shall apply upon highways, turnpikes and public parking lots throughout the state.&nbsp;</span></p> <p><span class="cls0">3. Unless otherwise provided for by law, the general provisions of this title regulating traffic on public highways shall apply on turnpikes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 373, &sect; 11-101, eff. Sept. 1, 1961. Amended by Laws 2008, c. 319, &sect; 3, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;4711102. Required obedience to traffic laws.&nbsp;</span></p> <p><span class="cls0">It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 373, &sect; 11102. &nbsp;</span></p> <p><span class="cls0">&sect;4711103. Obedience to police officers.&nbsp;</span></p> <p><span class="cls0">No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 373, &sect; 11103; Laws 1968, c. 58, &sect; 1, emerg. eff. March 18, 1968. &nbsp;</span></p> <p><span class="cls0">&sect;4711104. Persons riding animals or drivanimaldrawn vehicles.&nbsp;</span></p> <p><span class="cls0">Every person riding an animal or driving any animaldriven vehicle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no application.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 373, &sect; 11104. &nbsp;</span></p> <p><span class="cls0">&sect;4711105. Persons working on highways Exceptions.&nbsp;</span></p> <p><span class="cls0">Unless specifically made applicable, the provisions of this chapter except those contained in Article IX hereof shall not apply to persons, teams, motor vehicles and other equipment, while actually engaged in work upon the surface of a highway, or to persons, motor vehicles and other equipment while actually engaged in construction, maintenance or repair of public utilities provided that all highway and public utility operations shall be protected by adequate warning signs, signals, devices or flagmen, but the provisions of this chapter shall apply to such persons and vehicles when traveling to or from such work.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 373, &sect; 11105. &nbsp;</span></p> <p><span class="cls0">&sect;47-11-106. Authorized emergency vehicles.&nbsp;</span></p> <p><span class="cls0">A. The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privilege set forth in this section, but subject to the conditions herein stated.&nbsp;</span></p> <p><span class="cls0">B. The driver of an authorized emergency vehicle may:&nbsp;</span></p> <p><span class="cls0">1. Park, or stand, irrespective of the provisions of this chapter;&nbsp;</span></p> <p><span class="cls0">2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;&nbsp;</span></p> <p><span class="cls0">3. Exceed the maximum speed limits so long as speeding does not endanger life or property;&nbsp;</span></p> <p><span class="cls0">4. Disregard regulations governing direction of movement; and&nbsp;</span></p> <p><span class="cls0">5. Disregard regulations governing turning in specified directions.&nbsp;</span></p> <p><span class="cls0">C. The exemptions herein granted to the driver of an authorized emergency vehicle shall apply only when the driver is properly and lawfully making use of an audible signal or of flashing red or blue lights or a combination of flashing red and blue lights meeting the requirements of Section 12-218 of this title, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red or blue light visible from in front of the vehicle. This subsection shall not be construed as requiring a peace officer operating a police vehicle properly and lawfully in response to a crime in progress to use audible signals.&nbsp;</span></p> <p><span class="cls0">D. The exemptions in paragraphs 3 and 5 of subsection B of this section shall be granted to a law enforcement officer operating an authorized emergency vehicle for law enforcement purposes without using audible and visual signals required by this section as long as the action does not endanger life or property if the officer is following a suspected violator of the law with probable cause to believe that:&nbsp;</span></p> <p><span class="cls0">1. Knowledge of the presence of the officer will cause the suspect to:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;destroy or lose evidence of a suspected felony,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;end a suspected continuing felony before the officer has obtained sufficient evidence to establish grounds for arrest, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;evade apprehension or identification of the suspect or the vehicle of the suspect; or&nbsp;</span></p> <p><span class="cls0">2. Because of traffic conditions, vehicles moving in response to the audible or visual signals may increase the potential for a collision.&nbsp;</span></p> <p><span class="cls0">The exceptions granted in this subsection shall not apply to an officer who is in actual pursuit of a person who is eluding or attempting to elude the officer in violation of Section 540A of Title 21 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">E. The provisions of this section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of reckless disregard for the safety of others.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 373, &sect; 11-106, eff. Sept. 1, 1961. Amended by Laws 1998, c. 168, &sect; 1, eff. Nov. 1, 1998; Laws 1999, c. 189, &sect; 1, eff. July 1, 1999; Laws 2002, c. 229, &sect; 1, eff. Nov. 1, 2002; Laws 2004, c. 418, &sect; 12, eff. July 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;4711107. Military convoys exempt from municipal traffic regulation Right of way Exceptions.&nbsp;</span></p> <p><span class="cls0">The military forces of the United States and organizations of the National Guard, performing any military duty, shall not be restricted by municipal traffic regulations, and shall have the right of way on any street or highway through which they may pass against all, except carriers of the United States mail, fire engines, ambulances and police vehicles in the necessary discharge of their respective duties. Said mounted military moving in convoy shall have lights burning, with lead and trail vehicles prominently marked, and shall travel, while inside the corporate limits of a city or town, in compliance with such speeds as are legally posted within the corporate limits of the city or town and shall maintain a closed interval of not more than seventyfive (75) feet.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 373, &sect; 11107. &nbsp;</span></p> <p><span class="cls0">&sect;4711201. Obedience to and required trafficcontrol devices.&nbsp;</span></p> <p><span class="cls0">(a) The driver of any vehicle shall obey the instructions of any official trafficcontrol device applicable thereto placed in accordance with the provisions of this act, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this act.&nbsp;</span></p> <p><span class="cls0">(b) No provision of this act for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 373, &sect; 11201. &nbsp;</span></p> <p><span class="cls0">&sect;47-11-202. Trafficcontrol signal legend.&nbsp;</span></p> <p><span class="cls0">Whenever traffic is controlled by traffic control signals exhibiting different colored lights or colored lighted arrows successively one at a time, or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:&nbsp;</span></p> <p><span class="cls0">1. Green indication:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;vehicular traffic facing a circular green signal, except when prohibited under Section 11-1302 of this title, may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;unless otherwise directed by a pedestriancontrol signal, as provided in Section 11-203 of this title, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk;&nbsp;</span></p> <p><span class="cls0">2. Steady yellow indication:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian control signal as provided in Section 11-203 of this title, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway; and&nbsp;</span></p> <p><span class="cls0">3. Steady red indication:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in subparagraphs b and d of this paragraph,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;except when a sign is in place prohibiting a turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right or to turn left from a oneway street into a oneway street after stopping as required by subparagraph a of this paragraph. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;in order to prohibit right turns or left turns as prescribed in subparagraph b of this paragraph, on the red signal after the required stop, a municipality must erect clear, concise signs informing drivers that such turns are prohibited. The Highway Department shall specify the design of the sign to be used for this purpose, and it shall be used uniformly throughout the state,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;notwithstanding any other provision of law, the driver of a motorcycle facing any steady red signal may cautiously proceed through the intersection only if:&nbsp;</span></p> <p class="cls6"><span class="cls0">(1)&nbsp;&nbsp;the motorcycle has been brought to a complete stop as required by subparagraph a of this paragraph,&nbsp;</span></p> <p class="cls6"><span class="cls0">(2)&nbsp;&nbsp;the traffic control signal is programmed or engineered to change to a green signal only after detecting the approach of a motor vehicle and has failed to detect the arrival of the motorcycle because of its size or weight, and&nbsp;</span></p> <p class="cls6"><span class="cls0">(3)&nbsp;&nbsp;no motor vehicle or person is approaching on the roadway to be crossed or entered, or the motor vehicle or person is at a distance from the intersection that does not constitute an immediate hazard.&nbsp;</span></p> <p class="cls2"><span class="cls0">The driver of any vehicle approaching the intersection, which lawfully may enter the intersection, shall have the right-of-way over any motorcycle operator proceeding through a red light and, in no event where an accident results from the driver of the motorcycle proceeding into the intersection on a red light, shall such driver of the vehicle be charged with any violation pursuant to Sections 11-401 and 11-403 of this title relating to failure to yield right-of-way, Section 11-310 of this title relating to following too closely, or Section 11-801 of this title relating to driving too fast for conditions, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;unless otherwise directed by a pedestrian control signal as provided in Section 11-203 of this title, pedestrians facing a steady circular red signal alone shall not enter the roadway.&nbsp;</span></p> <p><span class="cls0">In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 374, &sect; 11-202, eff. Sept. 1, 1961. Amended by Laws 1972, c. 92, &sect; 2; Laws 1974, c. 110, &sect; 1; Laws 1977, c. 21, &sect; 1, emerg. eff. April 15, 1977; Laws 2010, c. 192, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;4711203. Pedestriancontrol signals.&nbsp;</span></p> <p><span class="cls0">Whenever special pedestriancontrol signals exhibiting the words "Walk" or "Wait" or "Don't Walk" are in place, such signals shall indicate as follows:&nbsp;</span></p> <p><span class="cls0">1. Walk. Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right of way in the direction of the signal by the drivers of all vehicles.&nbsp;</span></p> <p><span class="cls0">2. Wait or Don't Walk. No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 374, &sect; 11203. &nbsp;</span></p> <p><span class="cls0">&sect;4711204. Flashing signals.&nbsp;</span></p> <p><span class="cls0">A. Whenever an illuminated red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:&nbsp;</span></p> <p><span class="cls0">1. Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked, or, if none, then before entering the intersection, and the right to proceed shall be subject to the requirements of law applicable after making a stop at a stop sign.&nbsp;</span></p> <p><span class="cls0">2. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.&nbsp;</span></p> <p><span class="cls0">B. This section shall not apply at railroad grade crossings. Conduct of drivers of vehicles approaching railroad grade crossings shall be governed as set forth in Section 11701 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 375, &sect; 11204, eff. Sept. 1, 1961. Amended by Laws 2002, c. 397, &sect; 19, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;4711204.1. Lane use control signals.&nbsp;</span></p> <p><span class="cls0">When lane use control signals are placed over individual lanes, said signals shall indicate and apply to drivers of vehicles as follows:&nbsp;</span></p> <p><span class="cls0">1. Green indication Vehicular traffic may travel in any lane over which a green signal is shown;&nbsp;</span></p> <p><span class="cls0">2. Steady yellow indication Vehicular traffic is thereby warned that a lane control change is being made;&nbsp;</span></p> <p><span class="cls0">3. Steady red indication Vehicular traffic shall not enter or travel in any lane over which a red signal is shown; and&nbsp;</span></p> <p><span class="cls0">4. Flashing yellow indication Vehicular traffic may use the lane only for the purpose of approaching and making a left turn.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1977 c. 21, &sect; 2, emerg. eff. April 15, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;4711205. Pedestriancatuated school crossing signals.&nbsp;</span></p> <p><span class="cls0">Whenever a pedestrianactuated school crossing signal is provided, it shall require obedience by vehicular traffic and pedestrians in accordance with Sections 11202 and 11203 of this title.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 375, &sect; 11205; Laws 1977, c. 21, &sect; 3, emerg. eff. April 15, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;4711206. Display of unauthorized signs, signals or markings.&nbsp;</span></p> <p><span class="cls0">(a) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official trafficcontrol device or railroad sign or signal, or which attempts to direct the movement of traffic, or which projects any flashing or revolving beams of light, or which hides from view or interferes with the effectiveness of any official trafficcontrol device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any street or highway any traffic sign or signal bearing thereon any commercial advertising; provided, however, that the governing board of any city or town may permit, under such conditions as the said board may deem proper, commercial or other advertising upon any traffic sign located on streets or highways within said city or town and not designated as either state or federal highways or extensions thereof.&nbsp;</span></p> <p><span class="cls0">(b) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.&nbsp;</span></p> <p><span class="cls0">(c) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance and the authority having jurisdiction over the highway is hereby empowered to remove the same or cause it to be removed without notice.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 375, &sect; 11206. &nbsp;</span></p> <p><span class="cls0">&sect;47-11-207. Interference with official traffic-control devices or railroad signs or signals - Violation resulting in personal injury or death - Penalty.&nbsp;</span></p> <p><span class="cls0">A. No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device, including any nine-one-one (911) emergency telephone service route markers, or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.&nbsp;</span></p> <p><span class="cls0">B. If a violation of subsection A of this section results in personal injury to or death of any person, the person committing the violation shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than two (2) years, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 376, &sect; 11-207, eff. Sept. 1, 1961. Amended by Laws 1993, c. 127, &sect; 3, emerg. eff. May 4, 1993; Laws 1997, c. 133, &sect; 480, eff. July 1, 1999; Laws 1998, c. 23, &sect; 1, eff. Nov. 1, 1998; Laws 1999, 1st Ex.Sess., c. 5, &sect; 347, eff. July 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1998, 1st Ex.Sess., c. 2, &sect; 23 amended the effective date of Laws 1997, c. 133, &sect; 480 from July 1, 1998, to July 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-11-208. Traffic signal preemption device &ndash; Possession, use, interference with, or sale.&nbsp;</span></p> <p><span class="cls0">A. As used in this section, the term "traffic signal preemption device" shall mean a device designed for use by authorized emergency vehicles to improve traffic movement by temporarily controlling signalized intersections.&nbsp;</span></p> <p><span class="cls0">B. It shall be unlawful for a person to possess, use, or interfere with a traffic signal preemption device unless:&nbsp;</span></p> <p><span class="cls0">1. The person is the operator of an authorized emergency vehicle upon which the device is installed; and&nbsp;</span></p> <p><span class="cls0">2. The person is responding to an existing or potential emergency and there is a threat of immediate danger to life or property which reasonably requires the use of the device in order to protect the life, safety, health, or property of another person.&nbsp;</span></p> <p><span class="cls0">C. It shall be unlawful to advertise, offer for sale, sell, or otherwise distribute any traffic signal preemption device to any individual person in this state. Advertising, offering for sale, selling, and distribution of these devices shall be limited to trade publications and companies whose target market is law enforcement agencies, fire departments, and ambulance service providers of this state or its political subdivisions.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2004, c. 130, &sect; 8, emerg. eff. April 20, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-11-225. Renumbered as &sect; 12-225 of this title by Laws 2000, c. 189, &sect; 13, eff. July 1, 2000.&nbsp;</span></p> <p><span class="cls0">&sect;47-11-301. Drive on right side of roadway - Exceptions.&nbsp;</span></p> <p><span class="cls0">A. Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:&nbsp;</span></p> <p><span class="cls0">1. When overtaking and passing another vehicle proceeding in the same direction under the laws governing such movement;&nbsp;</span></p> <p><span class="cls0">2. When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, any person so doing shall yield the rightofway to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;&nbsp;</span></p> <p><span class="cls0">3. Upon a roadway divided into three marked lanes for traffic under the laws applicable thereon;&nbsp;</span></p> <p><span class="cls0">4. Upon a roadway restricted to oneway traffic; or&nbsp;</span></p> <p><span class="cls0">5. Upon a roadway having four or more lanes for moving traffic and providing for twoway movement of traffic.&nbsp;</span></p> <p><span class="cls0">B. Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the righthand lane when available for traffic, or as close as practicable to the righthand curb or edge of the roadway and may be temporarily driven upon the right-hand shoulder for the purpose of permitting other vehicles to pass. This subsection shall not apply when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.&nbsp;</span></p> <p><span class="cls0">C. Upon any roadway having four or more lanes for moving traffic and providing for twoway movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under paragraph 2 of subsection (a) of this section. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 376, &sect; 11-301, eff. Sept. 1, 1961. Amended by Laws 1977, c. 21, &sect; 4, emerg. eff. April 15, 1977; Laws 1978, c. 129, &sect; 1; Laws 1996, c. 22, &sect; 1, eff. July 1, 1996; Laws 2002, c. 397, &sect; 20, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;4711302. Passing vehicles proceeding in opposite directions.&nbsp;</span></p> <p><span class="cls0">Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least onehalf (1/2) of the maintraveled portion of the roadway as nearly as possible.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 376, &sect; 11302. &nbsp;</span></p> <p><span class="cls0">&sect;4711303. Overtaking a vehicle on the left Signal.&nbsp;</span></p> <p><span class="cls0">The following requirements shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special requirements hereinafter stated:&nbsp;</span></p> <p><span class="cls0">1. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.&nbsp;</span></p> <p><span class="cls0">2. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.&nbsp;</span></p> <p><span class="cls0">3. Every driver who intends to pass another vehicle proceeding in the same direction, which requires moving his vehicle from one lane of traffic to another, shall first see that such movement can be made with safety and shall proceed to pass only after giving a proper signal by hand or mechanical device.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 376, &sect; 11303, eff. Sept. 1, 1961. Amended by Laws 1968, c. 96, &sect; 1, emerg. eff. April 1, 1968; Laws 2002, c. 397, &sect; 21, eff. Nov. 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;4711304. When overtaking on the right is permitted.&nbsp;</span></p> <p><span class="cls0">(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:&nbsp;</span></p> <p><span class="cls0">1. When the vehicle overtaken is making or about to make a left turn;&nbsp;</span></p> <p><span class="cls0">2. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for two or more lines of moving vehicles in each direction;&nbsp;</span></p> <p><span class="cls0">3. Upon a oneway street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.&nbsp;</span></p> <p><span class="cls0">(b) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main traveled portion of the roadway.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 377, &sect; 11304. &nbsp;</span></p> <p><span class="cls0">&sect;4711305. Limitations on overtaking on the left.&nbsp;</span></p> <p><span class="cls0">No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the righthand side of the roadway before coming within one hundred (100) feet of any vehicle approaching from the opposite direction.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 377, &sect; 11305. &nbsp;</span></p> <p><span class="cls0">&sect;4711306. Further limitations on driving to left of center of roadway.&nbsp;</span></p> <p><span class="cls0">(a) No vehicle shall be driven on the left side of the roadway under the following conditions:&nbsp;</span></p> <p><span class="cls0">1. When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;&nbsp;</span></p> <p><span class="cls0">2. When approaching within one hundred (100) feet of or traversing any intersection or railroad grade crossing unless otherwise indicated by official traffic control devices;&nbsp;</span></p> <p><span class="cls0">3. When the view is obstructed upon approaching within one hundred (100) feet of any bridge, viaduct or tunnel.&nbsp;</span></p> <p><span class="cls0">(b) The foregoing limitations shall not apply upon a oneway roadway; nor under the conditions described in Section 11301, subsection (a), paragraph 2 of this title, nor to the driver of a vehicle turning left into or from an alley, private road or driveway.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 377, &sect; 11306; Laws 1977, c. 21, &sect; 5, emerg. eff. April 15, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;4711307. Nopassing zones.&nbsp;</span></p> <p><span class="cls0">(a) The Oklahoma Department of Highways or other designated authorities are hereby authorized to determine those portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous and may by appropriate signs or markings on the roadway indicate the beginning and end of such zones and when such signs or markings are in place and clearly visible to an ordinarily observant person every driver of a vehicle shall obey the directions thereof.&nbsp;</span></p> <p><span class="cls0">(b) Where signs or markings are in place to define a nopassing zone as set forth in paragraph (a) no driver shall at any time drive to the left side of the roadway within such nopassing zone or on the left side of any pavement striping designed to mark such nopassing zone throughout its length.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 377, &sect; 11307. &nbsp;</span></p> <p><span class="cls0">&sect;4711308. Oneway roadways and rotary traffic island.&nbsp;</span></p> <p><span class="cls0">(a) The State Highway Commission or local authorities, within their respective jurisdictions, may designate any street or highway or any separate roadway under their respective jurisdictions for oneway traffic and shall erect appropriate signs giving notice thereof.&nbsp;</span></p> <p><span class="cls0">(b) Upon a roadway designated and signposted for oneway traffic a vehicle shall be driven only in the direction designated.&nbsp;</span></p> <p><span class="cls0">(c) A vehicle passing around a rotary traffic island shall be driven only to the right of such islands.&nbsp;</span></p> <p class="cls1"><span class="cls0">Laws 1961, p. 377, &sect; 11308. &nbsp;</span></p> <p><span class="cls0">&sect;47-11-308a. Renumbered as &sect; 15-131 of this title by Laws 2007, c. 62, &sect; 24, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;47-11-308b. Renumbered as &sect; 15-132 of this title by Laws 2007, c. 62, &sect; 25, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;47-11-309. Driving on roadways laned for traffic.&nbsp;</span></p> <p><span class="cls0">Whenever any roadway has been divided into two or more clearly marked lanes for traffic, the following requirements in addition to all others consistent herewith shall apply.&nbsp;</span></p> <p><span class="cls0">1. A vehicle shall be driven as nearly as practicable entirely within a single lane.&nbsp;</span></p> <p><span class="cls0">2. A vehicle shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety and then given a signal, not less than the last one hundred (100) feet traveled by the vehicle, of his intention to change lanes.&nbsp;</span></p> <p><span class="cls0">3. Upon a roadway which is divided into three lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and the center lane is clear of traffic within a safe distance, or in preparation for a left turn or where the center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of the allocation.&nbsp;</span></p> <p><span class="cls0">4. A two-way left-turn lane is a lane near the center of the highway set aside for use by vehicles making left turns in both directions from or into the roadway. Two-way left-turn lanes shall be designated by distinctive roadway markings consisting of parallel double yellow lines, interior line dashed and exterior line solid, on each side of the lane. A vehicle shall not be driven in a designated two-way left-turn lane except when preparing for or making a left turn from or into a roadway. Vehicles turning left from the roadway shall not be driven in the two-way left-turn lane for more than two hundred (200) feet while preparing for and making the turn. A vehicle turning left onto the roadway may utilize the two-way left-turn lane as a staging area by stopping and waiting for traffic proceeding in the same direction to clear before merging into the adjacent lanes of travel. A left turn shall not be made from any other lane where a two-way left-turn lane has been designated. Provided, however, this section shall not prohibit driving across a two-way left-turn lane when moving from a service drive onto such marked roadway.&nbsp;</span></p> <p><span class="cls0">5. Upon a roadway which is divided into four or more lanes, a vehicle shall not impede the normal flow of traffic by driving in the left lane; provided, however, this paragraph shall not prohibit driving in a lane other than the right-hand lane when traffic conditions or flow, or both, or road configuration, such as the potential of merging traffic, require the use of lanes other than the right-hand lane to maintain safe traffic conditions.&nbsp;</span></p> <p><span class="cls0">6. Official signs may be erected directing slow-moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign.&nbsp;</span></p> <p><span class="cls0">Any person convicted of violating any provision of this section shall be punished as provided for in Section 17-101 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 377, &sect; 11-309, eff. Sept. 1, 1961. Amended by Laws 1984, c. 47, &sect; 1, eff. Nov. 1, 1984; Laws 2002, c. 397, &sect; 22, eff. Nov. 1, 2002; Laws 2005, c. 394, &sect; 11, emerg. eff. June 6, 2005; Laws 2006, c. 104, &sect; 4, eff. Nov. 1, 2006; Laws 2009, c. 125, &sect; 1, eff. Nov. 1, 2009; Laws 2010, c. 76, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;4711310. Following too closely.&nbsp;</span></p> <p><span class="cls0">(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.&nbsp;</span></p> <p><span class="cls0">(b) The driver of any truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residential district and which is following another truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or another vehicle.&nbsp;</span></p> <p><span class="cls0">(c) No vehicle which has more than six tires in contact with the road shall approach from the rear of another vehicle which has more than six tires in contact with the road closer than three hundred (300) feet except when passing such said vehicle.&nbsp;</span></p> <p><span class="cls0">(d) Motor vehicles being driven upon any roadway outside of a business or residential district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. The distance between such vehicles shall be a minimum of two hundred (200) feet under all conditions. This provision shall not apply to funeral processions.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 378, &sect; 11310. &nbsp;</span></p> <p><span class="cls0">&sect;47-11-311. Driving on divided highways.&nbsp;</span></p> <p><span class="cls0">Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the righthand roadway unless directed or permitted to use another roadway by official traffic control devices or peace officers. No vehicle shall be driven over, across or within any such dividing space, barrier or section, except through a permanent opening in the dividing space, barrier or section or at a permanent crossover or intersection as established unless specifically prohibited by public authority. No vehicle shall be driven over, across or within any temporary opening in a dividing space, barrier or section or at a temporary cross-over or intersection unless specifically authorized by a public authority or at the direction of a peace officer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 378, &sect; 11-311, eff. Sept. 1, 1961. Amended by Laws 1977, c. 21, &sect; 6, emerg. eff. April 15, 1977; Laws 1996, c. 22, &sect; 2, eff. July 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;4711312. Restricted access.&nbsp;</span></p> <p><span class="cls0">No person shall drive a vehicle onto or from any controlledaccess roadway except at such entrances and exits as are established by public authority.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 378, &sect; 11312. &nbsp;</span></p> <p><span class="cls0">&sect;4711313. Restrictions on use of controlledaccess roadway.&nbsp;</span></p> <p><span class="cls0">The Department of Transportation, the Oklahoma Transportation Authority, or local authorities may, with respect to any controlledaccess roadway under their respective jurisdictions, prohibit the use of any such roadway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motordriven cycle. The Department of Transportation, the Oklahoma Transportation Authority, or local authorities adopting any such prohibitory regulations shall erect and maintain official signs on the controlledaccess roadway on which such regulations are applicable and when so erected no person shall disobey the restrictions stated on such signs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 378, &sect; 11313. Amended by Laws 2004, c. 521, &sect; 7, eff. Nov. 1, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-11-314. Approaching stationary emergency vehicle or licensed wrecker displaying flashing lights.&nbsp;</span></p> <p><span class="cls0">A. The driver of a motor vehicle, upon approaching a stationary authorized emergency vehicle or a licensed Class AA wrecker that is displaying a flashing combination red or blue light or any combination of red or blue lights, shall:&nbsp;</span></p> <p><span class="cls0">1. If traveling on a highway that consists of two or more lanes that carry traffic in the same direction of travel as that of the driver, the driver shall proceed with due caution and shall, if possible and with due regard to the road, weather, and traffic conditions, change lanes into a lane that is not adjacent to the stationary authorized emergency vehicle or licensed Class AA wrecker; or if the driver is not able to change lanes or if to do so would be unsafe, the driver shall proceed with due caution and reduce the speed of the motor vehicle to a safe speed for the existing road, weather, and traffic conditions; and&nbsp;</span></p> <p><span class="cls0">2. If traveling on a highway other than a highway described in paragraph 1 of this subsection, the driver shall proceed with due caution and reduce the speed of the motor vehicle to a safe speed for the existing road, weather, and traffic conditions.&nbsp;</span></p> <p><span class="cls0">B. This section does not relieve the operator of a stationary authorized emergency vehicle or licensed Class AA wrecker from the consequences of reckless disregard for the safety of all persons and property upon the highway.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 435, &sect; 14, eff. July 1, 2001. Renumbered from &sect; 11-405.1 of this title by Laws 2002, c. 397, &sect; 35, eff. Nov. 1, 2002. Amended by Laws 2008, c. 69, &sect; 1, eff. Nov. 1, 2008; Laws 2010, c. 39, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-11-315. Driving between vehicles in funeral procession prohibited.&nbsp;</span></p> <p><span class="cls0">A. No driver of a motor vehicle shall drive between the vehicles comprising a funeral or other authorized procession while the vehicles are in motion and when such vehicles are conspicuously designated. This provision shall not apply at intersections where traffic is controlled by traffic control signals or police officers.&nbsp;</span></p> <p><span class="cls0">B. Any person convicted of violating the provisions of this section shall be punished as provided for in Section 17-101 of Title 47 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2012, c. 134, &sect; 1, eff. Nov. 1, 2012.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-11-401. Vehicle approaching or entering intersection.&nbsp;</span></p> <p><span class="cls0">A. Whether a stop sign or yield sign is present, visible or not, the driver of a vehicle shall yield the right-of-way and shall not proceed until it is safe to do so, when the driver is:&nbsp;</span></p> <p><span class="cls0">1. On a county road upon approaching an intersection with a state or federal highway;&nbsp;</span></p> <p><span class="cls0">2. On a private drive or any road not maintained by the county or state upon approaching an intersection with a state or federal highway or a county road;&nbsp;</span></p> <p><span class="cls0">3. On an unpaved county road upon approaching an intersection with a paved county road; or&nbsp;</span></p> <p><span class="cls0">4. On a county road, which ends at, merges with, or does not otherwise continue directly across an intersecting through county road, upon approaching the intersection with the through county road.&nbsp;</span></p> <p><span class="cls0">For purposes of this subsection, "paved road" means a road improved with a surface of concrete, asphalt, or what is commonly referred to as oil and chip, and "unpaved road" means all other roads.&nbsp;</span></p> <p><span class="cls0">B. When two vehicles enter or approach an intersection from different highways at approximately the same time, except as provided in subsection A of this section, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.&nbsp;</span></p> <p><span class="cls0">C. The right-of-way rules declared in subsections A and B of this section are modified at through highways and otherwise as hereinafter stated in this chapter.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 379, &sect; 11-401, eff. Sept. 1, 1961. Amended by Laws 1996, c. 324, &sect; 3; Laws 1997, c. 232, &sect; 1, eff. Nov. 1, 1997; Laws 1999, c. 85, &sect; 1, eff. Nov. 1, 1999; Laws 2002, c. 45, &sect; 1, eff. Nov. 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-11-402. Vehicle turning left.&nbsp;</span></p> <p><span class="cls0">The driver of a vehicle intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close thereto when initiating such turn as to constitute an immediate hazard.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 379, &sect; 11-402, eff. Sept. 1, 1961. Amended by Laws 2010, c. 228, &sect; 4, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-11-403. Vehicle entering stop or yield intersection.&nbsp;</span></p> <p><span class="cls0">A. Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in Section 15-108 of this title.&nbsp;</span></p> <p><span class="cls0">B. Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by subsection (d) of Section 11-703 of this title and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard, but said driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection shall yield the rightofway to the vehicle so proceeding.&nbsp;</span></p> <p><span class="cls0">C. The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions, or shall stop if necessary as provided in subsection (e) of Section 11-703 of this title, and shall yield the rightofway to any pedestrian legally crossing the roadway on which the driver is driving, and to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard. Said driver having so yielded may proceed and the drivers of all other vehicles approaching the intersection shall yield to the vehicle so proceeding, provided, however, that if such driver is involved in a collision with a pedestrian in a crosswalk or vehicle in the intersection after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of the driver&rsquo;s failure to yield right-of-way.&nbsp;</span></p> <p><span class="cls0">D. Where two or more vehicles face stop, slow, warning or caution signs or signals on two or more intersecting cross streets, and are approaching so as to enter the intersection at the same time, where each vehicle is required to stop, the vehicle coming from the right shall have the right-of-way. Where each vehicle is required to slow, the vehicle coming from the right shall have the right-of-way. Where each vehicle is required to take caution, the vehicle coming from the right shall have the right-of-way. Where one vehicle is required to stop and the other to slow or take caution, the one slowing or taking caution shall have the right-of-way. Where one vehicle is required to slow and the other to take caution, the one required to take caution shall have the right-of-way. In any event, a vehicle which has already entered the intersection shall have the right-of-way over one which has not so entered the intersection.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 379, &sect; 11-403, eff. Sept. 1, 1961. Amended by Laws 2002, c. 468, &sect; 76, eff. Nov. 1, 2002; Laws 2003, c. 199, &sect; 7, eff. Nov. 1, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-11-403.1. Failure to yield causing fatality or serious bodily injury - Assessment of fee.&nbsp;</span></p> <p><span class="cls0">Any person convicted of failure to yield a right-of-way and who causes a fatality or serious bodily injury as a result of such violation may, in addition to any other fine or penalty, be assessed a fee in an amount not exceeding One Thousand Dollars ($1,000.00) to be deposited in the Motorcycle Safety and Education Program Revolving Fund established in Section 40-123 of this title. The monies deposited as provided in this section shall be used to promote public awareness of the dangers of driving while under the influence of alcohol or any controlled substance and to promote motorcycle safety and defensive driving for youth. &nbsp;</span></p> <p><span class="cls0">Added by Laws 2006, c. 104, &sect; 2, eff. Nov. 1, 2006. Amended by Laws 2007, c. 62, &sect; 11, emerg. eff. April 30, 2007.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-11-403.2. Repealed by Laws 2007, c. 62, &sect; 37, emerg. eff. April 30, 2007.&nbsp;</span></p> <p><span class="cls0">&sect;47-11-403.2a. Transfer of funds from Motorcycle Safety and Drunk Driving Awareness Fund to Department of Public Safety Revolving Fund.&nbsp;</span></p> <p><span class="cls0">A. All unencumbered balances contained in the Motorcycle Safety and Drunk Driving Awareness Fund as of April 30, 2007, shall be deposited to the credit of the Department of Public Safety Revolving Fund of the State Treasury. The Director of the Office of Management and Enterprise Services shall be authorized to transfer the unencumbered balance described by this subsection to the Department of Public Safety Revolving Fund.&nbsp;</span></p> <p><span class="cls0">B. Any unexpended balance contained in the Motorcycle Safety and Drunk Driving Awareness Fund as of April 30, 2007, shall be transferred and deposited to the credit of the Department of Public Safety Revolving Fund of the State Treasury. The Director of the Office of Management and Enterprise Services shall be authorized to transfer the unexpended balance described by this subsection to the Department of Public Safety Revolving Fund.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2007, c. 320, &sect; 11, eff. July 1, 2007. Amended by Laws 2012, c. 304, &sect; 174.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;4711404. Vehicle entering highway from private road or driveway.&nbsp;</span></p> <p><span class="cls0">The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the rightofway to all vehicles approaching on said highway.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 379, &sect; 11404. &nbsp;</span></p> <p><span class="cls0">&sect;47-11-405. Operation of vehicles on approach of authorized emergency vehicles.&nbsp;</span></p> <p><span class="cls0">A. Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of Section 12218 of this act, or of a police vehicle properly and lawfully making use of an audible signal or red flashing lights, the driver of every other vehicle shall yield the rightofway and shall immediately drive to a position parallel to, and as close as possible to, the righthand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.&nbsp;</span></p> <p><span class="cls0">B. This section shall not be construed to require a peace officer operating a police vehicle properly and lawfully in response to a crime in progress to use audible signals nor shall this section operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the road or highway.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 379, &sect; 11-405, eff. Sept. 1, 1961. Amended by Laws 1997, c. 322, &sect; 4, emerg. eff. May 29, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-11-405.1. Renumbered as &sect; 11-314 of this title by Laws 2002, c. 397, &sect; 35, eff. Nov. 1, 2002.&nbsp;</span></p> <p><span class="cls0">&sect;47-11-406. Farm tractors or implements - Operation on highways - Permission from Department required - Wide vehicles - Duty of operator - Yield of right-of-way.&nbsp;</span></p> <p><span class="cls0">A. A farm tractor, as defined in Section 1-118 of this title, or any implement of husbandry, as defined in Section 1-125 of this title, except trailers and semitrailers when operated in accordance with statutory limits or provisions of Section 14-101 of this title, shall not be permitted to travel upon any highway in this state which is a part of the National System of Interstate and Defense Highways. However, the Department of Public Safety shall have the authority to permit such travel in certain geographic areas of the state as deemed necessary. Such tractor or implement may be operated on any other roadway in this state if the operator has attached all the safety devices required by law and has taken reasonable steps to reduce the width of the tractor or implement as provided for by the manufacturer. Whenever the width of a farm tractor or implement of husbandry exceeds the width of that portion of a roadway on which the tractor or implement is driven, which is marked as a single lane of traffic, or, if the roadway has not been marked for lanes of traffic and the width of the tractor or implement exceeds more than fifty percent (50%) of the width of the roadway, the operator shall move the tractor or implement, as soon as possible, as far to the right-hand side of the roadway as is practicable and safe upon approach of any oncoming or following vehicle and upon approaching the crest of a hill.&nbsp;</span></p> <p><span class="cls0">B. Upon the immediate approach of a farm tractor or implement of husbandry which cannot be moved by the operator thereof to the far right-hand side of the roadway, as required in subsection A of this section, due to the existence of any bridge or guardrail, sign or any other physical impediment which would not safely allow such tractor or implement to travel on the far right-hand side of the road, the driver of every other vehicle shall yield the right-of-way and shall immediately pull over to the far right-hand side of the road and remain in such position until the tractor or implement has passed.&nbsp;</span></p> <p><span class="cls0">C. This section shall not operate to relieve any operator of a farm tractor or implement of husbandry from the duty to drive with due regard for the safety of all persons using the roadway.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1991, c. 156, &sect; 1, emerg. eff. May 6, 1991. Amended by Laws 1995, c. 27, &sect; 2, eff. July 1, 1995.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;4711501. Pedestrians subject to traffic regulations.&nbsp;</span></p> <p><span class="cls0">(a) A pedestrian shall obey the instructions of any official trafficcontrol device specifically applicable to him, unless otherwise directed by a police officer.&nbsp;</span></p> <p><span class="cls0">(b) Pedestrians shall be subject to traffic and pedestriancontrol signals as provided in Sections 11202 and 11203 of this title.&nbsp;</span></p> <p><span class="cls0">(c) At all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 380, &sect; 11501; Laws 1977, c. 21, &sect; 7, emerg. eff. April 15, 1977. &nbsp;</span></p> <p><span class="cls0">&sect;47-11-501.1. Rights and duties of persons operating wheelchair or motorized wheelchair.&nbsp;</span></p> <p><span class="cls0">Every person operating a wheelchair or a motorized wheelchair shall have all of the rights and all of the duties applicable to a pedestrian contained in Chapter 11 of Title 47 of the Oklahoma Statutes except those provisions which by their nature can have no application.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2003, c. 411, &sect; 10, eff. Nov. 1, 2003.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;4711502. Pedestrians' rightofway in crosswalks.&nbsp;</span></p> <p><span class="cls0">(a) When trafficcontrol signals are not in place or not in operation, the driver of a vehicle shall yield the rightofway, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.&nbsp;</span></p> <p><span class="cls0">(b) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.&nbsp;</span></p> <p><span class="cls0">(c) Paragraph (a) shall not apply under the conditions stated in Section 11503(b).&nbsp;</span></p> <p><span class="cls0">(d) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 380, &sect; 11502. &nbsp;</span></p> <p><span class="cls0">&sect;4711503. Crossing at other than cross walks.&nbsp;</span></p> <p><span class="cls0">(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the rightofway to all vehicles upon the roadway.&nbsp;</span></p> <p><span class="cls0">(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the rightofway to all vehicles upon the roadway.&nbsp;</span></p> <p><span class="cls0">(c) Between adjacent intersections at which trafficcontrol signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 380, &sect; 11503. &nbsp;</span></p> <p><span class="cls0">&sect;47-11-504. Drivers to exercise due care.&nbsp;</span></p> <p><span class="cls0">Notwithstanding the foregoing provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 380, &sect; 11-504, eff. Sept. 1, 1961.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;4711505. Pedestrians to use right half of crosswalks.&nbsp;</span></p> <p><span class="cls0">Pedestrians shall move, whenever practicable, upon the right half of crosswalks.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 380, &sect; 11505. &nbsp;</span></p> <p><span class="cls0">&sect;4711506. Pedestrians on roadways or bridges.&nbsp;</span></p> <p><span class="cls0">(a) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.&nbsp;</span></p> <p><span class="cls0">(b) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction and shall yield to approaching vehicles.&nbsp;</span></p> <p><span class="cls0">(c) It shall be unlawful for any person to enter upon any portion of a bridge for the purpose of diving or jumping therefrom into a lake, river or stream for recreation, and it shall be unlawful for a pedestrian to use a bridge where sidewalks are not provided for the purpose of standing or sightseeing.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Amended by Laws 1986, c. 279, &sect; 20, operative July 1, 1986. &nbsp;</span></p> <p><span class="cls0">&sect;4711507. Pedestrians soliciting rides or business.&nbsp;</span></p> <p><span class="cls0">No person shall stand in a roadway for the purpose of soliciting a ride, donation, employment or business from the occupant of any vehicle.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 380, &sect; 11507. &nbsp;</span></p> <p><span class="cls0">&sect;47-11-601. Required position and method of turning at intersections.&nbsp;</span></p> <p><span class="cls0">The driver of a vehicle intending to turn at an intersection shall do so as follows:&nbsp;</span></p> <p><span class="cls0">1. Right turns. Both the approach for a right turn and a right turn shall be made as close as practicable to the righthand curb or edge of the roadway.&nbsp;</span></p> <p><span class="cls0">2. Left turns. The driver of a vehicle intending to turn left at an intersection shall approach the intersection in the extreme lefthand lane lawfully available to traffic moving in the direction of travel of such vehicle. After entering the intersection, the left turn shall be made so as to leave the intersection, as nearly as practicable, in the lefthand lane lawfully available to traffic moving in such direction upon the roadway being entered. Whenever practicable, when leaving a two-way roadway, the left turn shall be made in that portion of the intersection to the left of the center of the intersection.&nbsp;</span></p> <p><span class="cls0">3. Local authorities in their respective jurisdictions may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when markers, buttons or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 381, &sect; 11601, eff. Sept. 1, 1961. Amended by Laws 2007, c. 62, &sect; 12, emerg. eff. April 30, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;47-11-602. Turning to proceed in opposite direction - Turns on curve or near crest of grade prohibited.&nbsp;</span></p> <p><span class="cls0">A. Unless otherwise prohibited by law, the driver of a vehicle shall not turn the vehicle so as to proceed in the opposite direction unless and until such movement can be made with reasonable safety and without interfering with other traffic.&nbsp;</span></p> <p><span class="cls0">B. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred (500) feet.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 381, &sect; 11602, eff. Sept. 1, 1961. Amended by Laws 2007, c. 62, &sect; 13, emerg. eff. April 30, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;4711603. Starting parked vehicle.&nbsp;</span></p> <p><span class="cls0">No person shall start a vehicle which is stopped, standing or parked unless and until such movement can be made with reasonable safety.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 381, &sect; 11603. &nbsp;</span></p> <p><span class="cls0">&sect;47-11-604. Turning movements and required signals.&nbsp;</span></p> <p><span class="cls0">A. No person shall turn a vehicle at an intersection, a public or private road, or a driveway, unless the vehicle is in proper position upon the roadway as required in Section 11-601 of this title, or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any vehicle without giving an appropriate signal as provided in subsection B of this section, in the event any other traffic may be affected by such movement.&nbsp;</span></p> <p><span class="cls0">B. A signal of intention to turn right or left as required by law shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning.&nbsp;</span></p> <p><span class="cls0">C. No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in subsection B of this section to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.&nbsp;</span></p> <p><span class="cls0">D. When any person is properly preparing for, attempting or executing a left turn, as described in subsection A of this section, no other person operating another vehicle immediately following the turning vehicle shall pass or attempt to pass the turning vehicle to the left. Such other person shall come to a complete stop if necessary at a safe distance behind the person preparing for, attempting or executing the turn or may proceed to the right of the turning vehicle as provided by Section 11-304 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 381, &sect; 11-604. Amended by Laws 1997, c. 152, &sect; 1, emerg. eff. April 25, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;4711605. Signals by hand and arm or signal lamps.&nbsp;</span></p> <p><span class="cls0">(a) Any stop or turn signal when required herein shall be given either by means of the hand and arm or by signal lamps, except as otherwise provided in paragraph (b).&nbsp;</span></p> <p><span class="cls0">(b) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, signal lamps when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load of such motor vehicle exceeds twentyfour (24) inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen (14) feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 381, &sect; 11605. &nbsp;</span></p> <p><span class="cls0">&sect;4711606. Method of giving handandarm signals.&nbsp;</span></p> <p><span class="cls0">All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:&nbsp;</span></p> <p><span class="cls0">1. Left turn. Hand and arm extended horizontally.&nbsp;</span></p> <p><span class="cls0">2. Right turn. Hand and arm extended upward.&nbsp;</span></p> <p><span class="cls0">3. Stop or decrease speed. Hand and arm extended downward.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 382, &sect; 11606. &nbsp;</span></p> <p><span class="cls0">&sect;4711701. Obedience to signal indicating approach of train.&nbsp;</span></p> <p><span class="cls0">A. Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:&nbsp;</span></p> <p><span class="cls0">1. A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;&nbsp;</span></p> <p><span class="cls0">2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;&nbsp;</span></p> <p><span class="cls0">3. A railroad train approaching within approximately one thousand five hundred (1,500) feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;&nbsp;</span></p> <p><span class="cls0">4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing; or&nbsp;</span></p> <p><span class="cls0">5. The tracks at the crossing are not clear.&nbsp;</span></p> <p><span class="cls0">B. No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed or fail to obey the directions of a law enforcement officer at the crossing.&nbsp;</span></p> <p><span class="cls0">C. The operator of any Class A, B, or C commercial vehicle not required to stop at all railroad crossings, as prescribed in Section 11-702 of this title, shall slow down and check that the tracks are clear of an approaching train.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 382, &sect; 11701, eff. Sept. 1, 1961. Amended by Laws 2002, c. 169, &sect; 2, eff. Oct. 1, 2002.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-11-702. Commercial motor vehicles and buses - Railroad crossing.&nbsp;</span></p> <p><span class="cls0">A. The driver of a bus as defined in Section 1-105 of this title, whether the bus is occupied or unoccupied by passengers, shall not cross a railroad track or tracks at grade unless the driver stops the bus within fifty (50) feet of, and not closer than fifteen (15) feet to, the tracks, listens and looks in each direction along the tracks for an approaching train, and ascertains that no train is approaching. When it is safe to do so, the driver may drive the bus across the tracks in a gear that permits the bus to complete the crossing without a change of gears. The driver shall not shift gears while crossing the tracks.&nbsp;</span></p> <p><span class="cls0">B. Any commercial motor vehicle as defined in 49 C.F.R., Section 390.5, shall comply with the railroad crossing provisions as prescribed in 49 C.F.R., Section 392.10.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 382, &sect; 11-702, eff. Sept. 1, 1961. Amended by Laws 1997, c. 201, &sect; 6, eff. Nov. 1, 1997; Laws 2001, c. 309, &sect; 2, eff. Nov. 1, 2001; Laws 2003, c. 461, &sect; 8, eff. July 1, 2003; Laws 2004, c. 418, &sect; 13, eff. July 1, 2004; Laws 2008, c. 302, &sect; 1, emerg. eff. June 2, 2008; Laws 2011, c. 138, &sect; 1, eff. Nov. 1, 2011.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;4711703. Stop signs and yield signs.&nbsp;</span></p> <p><span class="cls0">(a) Preferential right of way at an intersection may be indicated by stop signs or yield signs as authorized in Section 15108 of this act.&nbsp;</span></p> <p><span class="cls0">(b) Every stop sign and every yield sign shall be erected as near as practicable to the nearest line of the crosswalk on the near side of the intersection or, if there is no crosswalk, then as near as practicable to the nearest line of the intersecting roadway, however such yield signs shall not be erected upon the approaches of but one of the intersecting streets.&nbsp;</span></p> <p><span class="cls0">(c) Every stop sign shall bear the word "Stop". Every yield sign hereafter erected or replaced shall bear the word "Yield". Every stop sign and every yield sign shall at nighttime be rendered luminous by internal illumination, or by a floodlight projected on the face of the sign, or by efficient reflecting elements in or on the face of the sign.&nbsp;</span></p> <p><span class="cls0">(d) Except when directed to proceed by a police officer or trafficcontrol signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.&nbsp;</span></p> <p><span class="cls0">(e) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 382, &sect; 11703; Laws 1974, c. 287, &sect; 9, emerg. eff. May 29, 1974. &nbsp;</span></p> <p><span class="cls0">&sect;4711704. Emerging from alley, driveway or building.&nbsp;</span></p> <p><span class="cls0">The driver of a vehicle within a business or residence district emerging from an alley, driveway or building shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across any alleyway or driveway, and shall yield the rightofway to any pedestrian as may be necessary to avoid collision, and upon entering the roadway shall yield the rightofway to all vehicles approaching on said roadway.&nbsp;</span></p> <p>&nbsp;</p> <p class="cls1"><span class="cls0">Laws 1961, p. 382, &sect; 11704. &nbsp;</span></p> <p><span class="cls0">&sect;47-11-705. Meeting or overtaking stopped school bus &ndash; Violation and penalty - Reporting violations.&nbsp;</span></p> <p><span class="cls0">A. The driver of a vehicle meeting or overtaking a school bus that is stopped to take on or discharge school children, and on which the red loading signals are in operation, is to stop the vehicle before it reaches the school bus and not proceed until the loading signals are deactivated and then proceed past such school bus at a speed which is reasonable and with due caution for the safety of such school children and other occupants. Any person convicted of violating the provisions of this subsection shall be punished by a fine of not less than One Hundred Dollars ($100.00).&nbsp;</span></p> <p><span class="cls0">B. Visual signals, meeting the requirements of Section 12-228 of this title, shall be actuated by the driver of said school bus whenever, but only whenever, such vehicle is stopped on the highway for the purpose of receiving or discharging school children.&nbsp;</span></p> <p><span class="cls0">C. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a controlled-access highway and the school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.&nbsp;</span></p> <p><span class="cls0">D. If the driver of a school bus witnesses a violation of the provisions of subsection A of this section, within twenty-four (24) hours of the alleged offense, the driver shall report the violation, the vehicle color, license tag number, and the time and place such violation occurred to the law enforcement authority of the municipality where the violation occurred. The law enforcement authority of a municipality shall issue a letter of warning on the alleged violation to the person in whose name the vehicle is registered. The Office of the Attorney General shall provide a form letter to each municipal law enforcement agency in this state for the issuance of the warning provided for in this subsection. Such form letter shall be used by each such law enforcement agency in the exact form provided for by the Office of the Attorney General. A warning letter issued pursuant to this subsection shall not be recorded on the driving record of the person to whom such letter was issued. Issuance of a warning letter pursuant to this section shall not preclude the imposition of other penalties as provided by law.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 383, &sect; 11-705, eff. Sept. 1, 1961. Amended by Laws 1973, c. 112, &sect; 1; Laws 1989, c. 207, &sect; 1, eff. Nov. 1, 1989; Laws 2003, c. 411, &sect; 11, eff. Nov. 1, 2003; Laws 2004, c. 130, &sect; 9, emerg. eff. April 20, 2004.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-11-705.1. Church buses - Definition - Meeting and overtaking stopped bus - Signs and signals.&nbsp;</span></p> <p><span class="cls0">A. The driver of a vehicle meeting or overtaking a church bus that is stopped to take on or discharge passengers, and on which the red loading signals are in operation, is to stop the vehicle before it reaches the church bus and not proceed until the loading signals are deactivated and then proceed past such bus at a speed which is reasonable and with due caution for the safety of such occupants.&nbsp;</span></p> <p><span class="cls0">B. If the church bus is equipped with visual signals meeting the requirements of Section 12-228 of this title, the signals shall be actuated by the driver of said church bus whenever, but only whenever, such vehicle is stopped on the highway for the purpose of receiving or discharging passengers.&nbsp;</span></p> <p><span class="cls0">C. The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a church bus which is on a different roadway or when upon a controlled-access highway and the church bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1978, c. 262, &sect; 1, eff. Oct. 1, 1978. Amended by Laws 2003, c. 411, &sect; 12, eff. Nov. 1, 2003.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-11-801. Basic rule - Maximum and minimum limits &ndash; Fines and penalties.&nbsp;</span></p> <p><span class="cls0">A. Any person driving a vehicle on a highway shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the highway and any other conditions then existing. No person shall drive any vehicle upon a highway at a speed greater than will permit the driver to bring it to a stop within the assured clear distance ahead.&nbsp;</span></p> <p><span class="cls0">B. Except when a special hazard exists that requires lower speed for compliance with subsection A of this section, the limits specified by law or established as hereinafter authorized shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of the following maximum limits:&nbsp;</span></p> <p><span class="cls0">1. Seventy-five (75) miles per hour in locations comprising:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the turnpike system, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;rural segments of the interstate highway system, as may be designated by the Transportation Commission. Provided, however, the Commission shall determine prior to the designation of such segments that the public safety will not be jeopardized;&nbsp;</span></p> <p><span class="cls0">2. Seventy (70) miles per hour in locations which are:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;four-lane divided highways including, but not limited to, the interstate highway system, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;super two-lane highways. As used in this section, a super two-lane highway shall mean any two-lane highway with designated passing lanes, and consisting of paved shoulders not less than eight (8) feet in width;&nbsp;</span></p> <p><span class="cls0">3. Sixty-five (65) miles per hour in other locations;&nbsp;</span></p> <p><span class="cls0">4. For a school bus, fifty-five (55) miles per hour on paved two-lane highways except on multilane divided highways, turnpikes, and interstate highways where the maximum shall be sixty-five (65) miles per hour;&nbsp;</span></p> <p><span class="cls0">5. On any highway outside of a municipality in a properly marked school zone, twenty-five (25) miles per hour, provided the zone is marked with appropriate warning signs placed in accordance with the latest edition of the Manual on Uniform Traffic Control Devices. The Department of Transportation may determine on the basis of an engineering and traffic investigation that a speed limit higher than twenty-five (25) miles per hour may be reasonable and safe under conditions as they exist upon a highway, and post an alternative school zone speed limit. The Department shall mark such school zones, or entrances and exits onto highways by buses or students, so that the maximum speed provided by this section shall be established therein. Exits and entrances to controlled-access highways which are within such school zones shall be marked in the same manner as other highways. The county commissioners shall mark such school zones along the county roads so that the maximum speed provided by this section shall be established therein. The signs may be either permanent or temporary. The Department shall give priority over all other signing projects to the foregoing duty to mark school zones. The Department shall also provide other safety devices for school zones which are needed in the opinion of the Department;&nbsp;</span></p> <p><span class="cls0">6. Twenty-five (25) miles per hour or a posted alternative school zone speed limit through state schools located on the state-owned land adjoining or outside the limits of a corporate city or town where a state educational institution is established;&nbsp;</span></p> <p><span class="cls0">7. Thirty-five (35) miles per hour on a highway in any state park or wildlife refuge. Provided, however, that the provisions of this paragraph shall not include the State Capitol park area, and no person shall drive any vehicle at a rate of speed in excess of fifty-five (55) miles per hour on any state or federal designated highway within such areas; and&nbsp;</span></p> <p><span class="cls0">8. For any vehicle or combination of vehicles with solid rubber or metal tires, ten (10) miles per hour.&nbsp;</span></p> <p><span class="cls0">The maximum speed limits set forth in this section may be altered as authorized in Sections 11-802 and 11-803 of this title.&nbsp;</span></p> <p><span class="cls0">C. The Commission is hereby authorized to prescribe maximum and minimum speeds for all vehicles and any combinations of vehicles using controlled-access highways. Such regulations shall become effective after signs have been posted on these highways giving notice thereof. Such regulations may apply to an entirely controlled-access highway or to selected sections thereof as may be designated by the Commission. It shall be a violation of this section to drive any vehicle at a faster rate of speed than such prescribed maximum or at a slower rate of speed than such prescribed minimum. However, all vehicles shall at all times conform to the limits set forth in subsection A of this section.&nbsp;</span></p> <p><span class="cls0">Copies of such regulations certified as in effect on any particular date by the Secretary of the Commission shall be accepted as evidence in any court in this state. Whenever changes have been made in speed zones, copies of such regulations shall be filed with the Commissioner of Public Safety.&nbsp;</span></p> <p><span class="cls0">D. The Oklahoma Turnpike Authority is hereby authorized to prescribe maximum and minimum speeds for trucks, buses and automobiles using turnpikes. The regulation pertaining to automobiles shall apply to all vehicles not commonly classified as either trucks or buses. Such regulations shall become effective only after approval by the Commissioner of Public Safety, and after signs have been posted on the turnpike giving notice thereof. Such regulations may apply to an entire turnpike project or to selected sections thereof as may be designated by the Oklahoma Turnpike Authority. It shall be a violation of this section to drive a vehicle at a faster rate of speed than such prescribed maximum speed or at a slower rate of speed than such prescribed minimum speed. However, all vehicles shall at all times conform to the requirements of subsection A of this section.&nbsp;</span></p> <p><span class="cls0">Copies of such regulations, certified as in effect on any particular date by the Secretary of the Oklahoma Turnpike Authority, shall be accepted in evidence in any court in this state.&nbsp;</span></p> <p><span class="cls0">E. The driver of every vehicle shall, consistent with the requirements of subsection A of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hillcrest, when driving upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic, or by reason of weather or highway conditions.&nbsp;</span></p> <p><span class="cls0">F. 1. No person shall drive a vehicle on a county road at a speed in excess of fifty-five (55) miles per hour unless posted otherwise by the board of county commissioners, as provided in subparagraphs a through c of this paragraph, as follows:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the board of county commissioners may determine, by resolution, a maximum speed limit which shall apply to all county roads which are not otherwise posted for speed,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the board of county commissioners shall provide public notice of the speed limit on all nonposted roads by publication in a newspaper of general circulation in the county. The notice shall be published once weekly for a period of four (4) continuous weeks, and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the board of county commissioners shall forward the resolution to the Director of the Department and to the Commissioner of Public Safety.&nbsp;</span></p> <p><span class="cls0">2. The Department shall post speed limit information, as determined pursuant to the provisions of subparagraphs a through c of paragraph 1 of this subsection, on the county line marker where any state highway enters a county and at all off-ramps where interstate highways or turnpikes enter a county. The signs shall read as follows:&nbsp;</span></p> <p class="cls4"><span class="cls0">ENTERING __________ COUNTY&nbsp;</span></p> <p class="cls4"><span class="cls0">COUNTY ROAD SPEED LIMIT&nbsp;</span></p> <p class="cls4"><span class="cls0">_____ MPH&nbsp;</span></p> <p class="cls4"><span class="cls0">UNLESS POSTED OTHERWISE&nbsp;</span></p> <p><span class="cls0">The appropriate board of county commissioners shall reimburse the Department the full cost of the signage required herein.&nbsp;</span></p> <p><span class="cls0">G. Any person convicted of a speeding violation pursuant to subsection B or F of this section shall be punished by a fine as follows:&nbsp;</span></p> <p class="cls11"><span class="cls0">1. One to ten miles per hour over the limit&nbsp;&nbsp;$10.00&nbsp;</span></p> <p class="cls11"><span class="cls0">2. Eleven to fifteen miles per hour over the limit&nbsp;&nbsp;$20.00&nbsp;</span></p> <p class="cls11"><span class="cls0">3. Sixteen to twenty miles per hour over the limit&nbsp;&nbsp;$35.00&nbsp;</span></p> <p class="cls11"><span class="cls0">4. Twenty-one to twenty-five miles per hour over the limit&nbsp;&nbsp;$75.00&nbsp;</span></p> <p class="cls11"><span class="cls0">5. Twenty-six to thirty miles per hour over the limit&nbsp;&nbsp;$135.00&nbsp;</span></p> <p class="cls11"><span class="cls0">6. Thirty-one to thirty-five miles per hour over the limit&nbsp;&nbsp;$155.00&nbsp;</span></p> <p class="cls11"><span class="cls0">7. Thirty-six miles per hour or more over the limit&nbsp;&nbsp;$205.00&nbsp;</span></p> <p><span class="cls0">or by imprisonment for not more than ten (10) days; for a second conviction within one (1) year after the first conviction, by imprisonment for not more than twenty (20) days; and upon a third or subsequent conviction within one (1) year after the first conviction, by imprisonment for not more than six (6) months, or by both such fine and imprisonment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 383, &sect; 11-801, eff. Sept. 1, 1961. Amended by Laws 1969, c. 200, &sect; 1; Laws 1970, c. 336, &sect; 1, emerg. eff. April 23, 1970; Laws 1973, c. 112, &sect; 2; Laws 1996, c. 324, &sect; 1; Laws 1999, c. 145, &sect; 1, eff. Nov. 1, 1999; Laws 1999, c. 328, &sect; 1, eff. Nov. 1, 1999; Laws 2000, c. 285, &sect; 1, eff. July 1, 2000; Laws 2001, c. 133, &sect; 1, emerg. eff. April 24, 2001; Laws 2001, c. 435, &sect; 7, eff. July 1, 2001; Laws 2003, c. 279, &sect; 4, emerg. eff. May 26, 2003; Laws 2008, c. 319, &sect; 4, eff. Nov. 1, 2008.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1999, c. 299, &sect; 1 repealed by Laws 2000, c. 285, &sect; 5, eff. July 1, 2000.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;47-11-801a. Repealed by Laws 1996, c. 324, &sect; 6.&nbsp;</span></p> <p><span class="cls0">&sect;47-11-801b. Renumbered as &sect; 944 of Title 36 by Laws 2002, c. 397, &sect; 35, eff. Nov. 1, 2002.&nbsp;</span></p> <p><span class="cls0">&sect;47-11-801c. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;47-11-801d. Repealed by Laws 2005, c. 190, &sect; 20, eff. Sept. 1, 2005.&nbsp;</span></p> <p><span class="cls0">&sect;4711802. Establishment of state speed zones.&nbsp;</span></p> <p><span class="cls0">Whenever the State Highway Commission shall determine upon the basis of an engineering and traffic investigation that any maximum speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the state highway system, said Commission may determine and declare a reasonable and safe maximum limit thereat which, when appropriate signs giving notice thereof are erected, s