ENGROSSED HOUSE
BILL NO. 3250	By:	Tibbs, Morgan, Pittman, Nations, Collins and Brown of the House

			      and

		Sykes of the Senate

An Act relating to motor vehicles; amending 47 O.S.  2001, Section 6-105, as last amended by Section 1, Chapter 99, O.S.L. 2009 (47 O.S. Supp. 2009, Section 6-105), which relates to graduated Class D licenses; adding certain driving restriction to permittees and licensees; defining terms; prohibiting use of certain devices by operators of motor vehicles; prescribing penalties; authorizing municipalities to enact certain ordinances; providing definitions; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 6-105, as last amended by Section 1, Chapter 99, O.S.L. 2009 (47 O.S. Supp. 2009, Section 6-105), is amended to read as follows:
Section 6-105.  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:
1.  A Class D motor vehicle under the graduated driver license provisions prescribed in subsections B through E of this section;
2.  A motorcycle under the provisions prescribed in subsection H of this section; or
3.  A farm vehicle under the provisions prescribed in subsection I of this section.
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.
C.  Any person:
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 “driver education” shall mean:
a.	a prescribed secondary school driver education course, as provided for in Sections 19-113 through 19-121 of Title 70 of the Oklahoma Statutes,
b.	a driver education course, certified by the Department of Public Safety, from a parochial, private, or other nonpublic secondary school,
c.	a commercial driver training course, as defined by Sections 801 through 808 of this title, or
d.	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
2.  Who is at least sixteen (16) years of age,
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.  
D.  1.  Any person:
a.	who has applied for, been issued, and has possessed a learner permit for a minimum of six (6) months, and
b.	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,
may be issued an intermediate Class D license upon successfully passing all parts of the driver license examinations administered by the Department.  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 paragraph 1 of this subsection 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 paragraph 1 of this subsection 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.
2.  A person who has been issued an intermediate Class D license under the provisions of this subsection:
a.	shall be granted the privilege to operate a Class D motor vehicle upon the public highways:
(1)	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
(2)	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
b.	shall not operate a motor vehicle with more than one passenger unless:
(1)	all passengers live in the same household as the custodial legal parent or legal guardian, or
(2)	a licensed driver at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee.
E.  Any person who has been issued an intermediate Class D license for a minimum of:
1.  One (1) year; or
2.  Six (6) months, if the person has completed both the driver education and the parent-certified behind-the-wheel training provisions of subparagraph c of paragraph 1 of subsection D of this section;
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 paragraphs 1 or 2, as applicable, of this subsection 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 paragraphs 1 or 2, as applicable, of this subsection 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.
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 mobile telephone 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.
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.
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:
1.  With a piston displacement not to exceed two hundred fifty (250) cubic centimeters;
2.  Between the hours of 4:30 a.m. to 9:00 p.m. only;
3.  While wearing approved protective headgear; and
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.
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.
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.
J.  As used in this section:
1.  “Hand-held mobile telephone” means a mobile telephone or electronic communication device with which a user engages in a call or writes, sends or reads a text message using at least one hand; and
2.  “Using a hand-held mobile telephone” means pressing the buttons on a mobile telephone to use any of the functions of the mobile telephone.
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 11-901c of Title 47, unless there is created a duplication in numbering, reads as follows:
A.  A person shall not operate a motor vehicle on a street or highway while using a hand-held mobile telephone to write, send, or read a text message while the motor vehicle is in motion.
B.  Any person who violates the provisions of subsection A of this section shall, upon conviction, be punished by a fine and court costs that shall not exceed One Thousand Dollars ($1,000.00).
C.  Municipalities may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under the provisions of this section, but the provisions of those ordinances shall be the same as provided for in this section, the enforcement provisions of those ordinances shall not be more stringent than those of this section, and the fine and court costs for municipal ordinance violations shall be the same or a lesser amount as provided for in this section.
D.  As used in this section:
1.  “Hand-held mobile telephone” means a mobile telephone or other electronic communication device with which a user engages in a call or writes, sends or reads a text message using at least one hand;
2.  "Text message" includes a text-based message, instant message, electronic message and electronic mail;
3.  “Using a mobile telephone” means pressing the buttons on a mobile telephone to use any of the functions of the mobile telephone; and
4.  "Write", "send" or "read" with respect to a text message means the manual entry, sending or retrieval of a text message to communicate with any person or device.
SECTION 3.  This act shall become effective November 1, 2010.
Passed the House of Representatives the 10th day of March, 2010.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the ____ day of __________, 2010.

	
Presiding Officer of the Senate