STATE OF OKLAHOMA

1st Session of the 45th Legislature (1995)

HOUSE BILL NO. 1830 By: Tyler

AS INTRODUCED

An Act relating to motor vehicles; amending 47 O.S.

1991, Sections 1-108, 1-128, 1-140 and 1-152.1,

which relate to definitions of words and phrases;

modifying definitions; amending 47 O.S. 1991,

Sections 2-109, 2-112 and 2-114, which relate to

the responsibilities of the Commissioner and

Department of Public Safety; providing for certain

applications, forms and law summaries; amending 47

O.S. 1991, Sections 6-101, as last amended by

Section 1, Chapter 18, O.S.L. 1994, 6-110, as last

amended by Section 1, Chapter 196, O.S.L. 1994, and

6-309, as last amended by Section 6, Chapter 97,

O.S.L. 1993 (47 O.S. Supp. 1994, Sections 6-101, 6-

110 and 6-309), which relate to issuance of

licenses; providing for certain licenses; amending

47 O.S. 1991, Section 8-103, which relates to

renting a motor vehicle to another; requiring

licensure of certain individuals; amending 47 O.S.

1991, Section 10-104, as amended by Section 1,

Chapter 192, O.S.L. 1993 and 10-106 (47 O.S. Supp.

1994, Section 10-104), which relate to motor

vehicle accidents; requiring exhibiting of certain

licenses; amending 47 O.S. 1991, Section 18-101,

which relates to traffic citation records;

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requiring certain items be furnished to Department

of Public Safety; amending 47 O.S. 1991, Section

180m, which relates to identification device

enforcement; providing for certain statutory

references; amending 47 O.S. 1991, Section 801, as

amended by Section 5, Chapter 314, O.S.L. 1993 (47

O.S. Supp. 1994, Section 801), which relates to

commercial driving training schools; providing for

certain licenses; amending 47 O.S. 1991, Section

1006, which relates to ridesharing; designating

certain individuals as not being commercial

drivers; amending 47 O.S. 1991, Section 1171, which

relates to tour buses; authorizing rule

promulgation; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. AMENDATORY 47 O.S. 1991, Section 1-108, is

amended to read as follows:

Section 1-108. Commercial chauffeur and chauffeur Operator or

Driver.

(a) Commercial chauffeur. Every person who operates, drives or

is in actual physical control of a Class A, B or C commercial motor

vehicle while in use as a common carrier of persons or property .

(b) Chauffeur. Every person who is employed by another for the

principal purpose of operating a motor vehicle and every person who

operates a motor vehicle of more than two (2) tons rated capacity

that is required by law to have a commercial tag attached thereto

and every person who operates a school bus transporting school

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children to and from school, as defined in Sections 1-107.1, 1-107.2

and 1-107.3 of this title.

SECTION 2. AMENDATORY 47 O.S. 1991, Section 1-128, is

amended to read as follows:

Section 1-128. License to operate a motor vehicle.

A. Any operator's commercial chauffeur's or chauffeur's valid

driver license or any other license or permit to operate a motor

vehicle issued under the laws of this state including:

1. Any any temporary license or instruction permit;

2. The privilege of any person to drive a motor vehicle whether

or not such person holds a valid license;, 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.

3. B. Any nonresident's operating privilege as defined herein

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.

SECTION 3. AMENDATORY 47 O.S. 1991, Section 1-140, is

amended to read as follows:

Section 1-140. Operator or Driver.

Every person, other than including a commercial chauffeur

operator or chauffeur driver, as defined in Section 1-108 of this

title, who operates, drives or is in actual physical control of a

motor vehicle upon a highway or who is exercising control over or

steering a vehicle being towed by a motor vehicle.

SECTION 4. AMENDATORY 47 O.S. 1991, Section 1-152.1, is

amended to read as follows:

Section 1-152.1 Recreational Vehicle.

For the sole purpose of a classified driver's license system the

classification of vehicles as provided in Sections 1-107.1 through

1-107.4 of this title, a recreational vehicle shall be defined as

deemed to be a Class D motor vehicle, provided such vehicle is a

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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.

SECTION 5. AMENDATORY 47 O.S. 1991, Section 2-109, is

amended to read as follows:

Section 2-109. The Commissioner shall prescribe and provide

suitable forms of applications, certificates of title, registration

cards, operators' and chauffeurs' driver licenses and all other

forms requisite or deemed necessary to carry out the provisions of

this act title and any other laws the enforcement and administration

of which are vested in the Department.

SECTION 6. AMENDATORY 47 O.S. 1991, Section 2-112, is

amended to read as follows:

Section 2-112. The Department shall examine and determine the

genuineness, regularity and legality of every application for

registration of a vehicle, for a certificate of the title therefor,

and for an operator's or chauffeur's, 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.

SECTION 7. AMENDATORY 47 O.S. 1991, Section 2-114, is

amended to read as follows:

Section 2-114. 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 without charge with each original vehicle

registration and with each original operator's or chauffeur's

license to any person.

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SECTION 8. AMENDATORY 47 O.S. 1991, Section 6-101, as

last amended by Section 1, Chapter 18, O.S.L. 1994 (47 O.S. Supp.

1994, Section 6-101), is amended to read as follows:

Section 6-101. A. No person, except those hereinafter

expressly exempted in Section 6-102 of this title, shall operate any

motor vehicle upon a highway in this state unless such 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.

B. 1. No person shall operate a Class A commercial motor

vehicle unless such person is eighteen (18) years of age or older

and holds a valid Class A commercial license. 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;

2. No person shall operate a Class B commercial motor vehicle

unless such person is eighteen (18) years of age or older and holds

a valid Class B commercial license. 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;

3. No person shall operate a Class C commercial motor vehicle

unless such person is eighteen (18) years of age or older and holds

a valid Class C commercial license. 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;

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; provided, the Department of Public Safety shall provide

by rule promulgated pursuant to the Administrative Procedures Act,

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Section 250 et seq. of Title 75 of the Oklahoma Statutes, that a

person under twenty-one (21) years of age may be licensed to

operate:

a. a farm vehicle, or

b. if such person is the operator of or employed by the

operator of a farm retail outlet, any vehicle,

which is required to be placarded for hazardous materials pursuant

to 49 C.F.R., Part 172, subpart F, if such licensure will not result

in the loss of federal funds to the State of Oklahoma pursuant to

federal law or regulation; and

5. No person shall operate a Class D motor vehicle unless such

person is sixteen (16) years of age or older and holds a valid Class

D license, except as provided for in Section 6-105 of this title.

Any person holding a valid Class D license shall be permitted to

operate motor vehicles in Class D only.

C. No person shall operate a motorcycle, motor-driven cycle or

a motorized bicycle without having a valid Class A, B, C or D

license with a motorcycle endorsement.

D. Any person issued a classified driver's driver license

pursuant to this section may exercise the privilege thereby granted

upon all streets and highways in this state.

E. D. No person shall operate a motorcycle, motor-driven cycle

or a motorized bicycle without having a valid Class A, B, C or D

license with a motorcycle endorsement. Except as otherwise may be

provided for by law, any new applicant for an original classified

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.

F. E. Except as otherwise may be provided for by law, any

holder of an person who lawfully possesses a valid Oklahoma

commercial chauffeur, chauffeur or operator driver's driver license

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which is eligible for renewal who applies for a Class A, B, C or D

license 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 thereon; provided, however, the Department

may waive all such examinations upon being furnished satisfactory

proof that the applicant has regularly operated a motorcycle, motor-

driven cycle or motorized bicycle for a minimum of two (2) years

immediately preceding the application.

G. F. Any person eighteen (18) years of age or older may apply

for a restricted Class A, B or C commercial license. The

Department, after the applicant has passed all parts of the

examination for and has been issued 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 test, may issue to the

applicant a restricted driver's driver license which shall entitle

the applicant having such license in his immediate possession 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.

This restricted driver's driver license shall be issued for the

same period as all other licenses; provided, such restricted license

may be suspended, revoked, canceled or denied 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

holder lawful possessor of such restricted license who has been

issued such restricted license for a minimum of thirty (30) days may

have the restriction requiring an accompanying driver removed by

satisfactorily completing a driver's examination; provided, the

removal of such restriction shall not authorize the operation of a

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Class A, B or C commercial motor vehicle if such operation is

otherwise prohibited by law. The Department shall cause such

examination to be conducted not more than three times during the

first six (6) months after date of issuance of said restricted

license and not more than one time every three (3) months thereafter

upon request of the holder lawful possessor thereof.

H. G. The fee charged for a successful examination shall be

assessed in accordance with the following schedule:

Class A Commercial License $25.00

Class B Commercial License $15.00

Class C Commercial License $15.00

Class D License $ 4.00

Motorcycle Examination $ 4.00

Notwithstanding the provisions of Section 1104 of this title,

all monies collected from the examination fees charged for Class A,

B and C Commercial Licenses commercial licenses pursuant to the

provisions of this subsection shall be deposited in the General

Revenue Fund of this state.

I. H. The fee charged for an examination other than a

successful 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 the state.

J. I. In addition to any fee charged for a successful

examination pursuant to the provisions of subsection H G of this

section, the fee charged for the issuance or renewal of an Oklahoma

license shall be in accordance with the following schedule:

Class A Commercial License $35.00

Class B Commercial License $35.00

Class C Commercial License $25.00

Class D License $15.00

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K. J. All original and renewal classified driver licenses shall

expire four (4) years from the last day of the month in which the

license was issued.

L. K. Any person sixty-two (62) years of age or older during

the calendar year of issuance or renewal of a Class D license or

motorcycle endorsement shall be charged the following prorated fee:

Age 62 $11.25

Age 63 $ 7.50

Age 64 $ 3.75

Age 65 -0-

M. L. The Oklahoma Department of Public Safety and the Oklahoma

Tax Commission are authorized to promulgate rules for the issuance

and for the renewal of driver's driver licenses authorized to be

issued 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 that the Department of Public Safety is

authorized to assume these duties in any county of this state. Each

motor license agent accepting applications for such drivers' driver

licenses shall receive Two Dollars ($2.00) to be deducted from the

total collected for each license or renewal application accepted.

The two-dollar fee received by the motor license agent shall be used

for operating expenses.

N. M. For the fiscal year beginning July 1, 1994, and for each

fiscal year thereafter, notwithstanding the provisions of Section

1104 of this title and subsection M L of this section and except as

provided in subsection H G 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.

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O. N. The next Five Hundred Thousand Dollars ($500,000.00) of

monies collected pursuant to this section shall be paid by the

Oklahoma 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 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 provided in subsection M L of

this section.

P. O. If funds are appropriated for purposes specified by this

subsection, the Department of Public Safety may implement a

procedure whereby images displayed on licenses issued pursuant to

the provisions of Sections 6-101 through 6-309 of this title can be

maintained by the Department to create photographs which may be used

only 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. The computer system 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.

SECTION 9. AMENDATORY 47 O.S. 1991, Section 6-110, as

last amended by Section 1, Chapter 196, O.S.L. 1994 (47 O.S. Supp.

1994, Section 6-110), is amended to read as follows:

Section 6-110. 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

Sections 6-101 through 6-309 of this title or as provided in

subsection D of this section. Such examination shall include a test

of the applicant's eyesight, his ability to read and understand

highway signs regulating, warning and directing traffic, his

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knowledge of the traffic laws of this state, and shall include an

actual demonstration of ability 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's driver license being applied for. Any

licensee seeking to apply for a driver's driver license of another

class which is not covered by his current driver's driver license

shall be considered an applicant for an original license for that

class.

2. The Department of Public Safety shall have the authority to

waive the requirement of the actual demonstration of the motor

vehicle for those applicants who surrender a valid unexpired

driver's driver license issued by any state 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.

3. All applicants requiring a hazardous materials endorsement

shall be required to successfully complete the examination for the

renewal of such endorsement.

4. The Department of Public Safety must 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.

B. Any person holding a valid Oklahoma commercial chauffeur,

chauffeur or operator driver's Class D license and applying for a

Class A, B or C commercial license shall be required to successfully

complete all testing as required for an original applicant for the

specified class; provided, however, the Department may, by rule,

waive the driving test requirement.

C. Except as provided in subsection F E of Section 6-101 of

this title, any person holding a valid Oklahoma Class A, B or C

commercial chauffeur, chauffeur or operator driver's license shall,

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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.

D. Under the direction of the Department of Public Safety, any

certified driver education instructor may administer the written

portion of the Oklahoma driving examination as required for a driver

education course or Class D license. The required driving skills

portion of the Oklahoma driving examination may be given by such

certified driver education instructor to a student who has

successfully completed one of the following:

1. A prescribed secondary school driver education course, as

defined by Section 19-113 et seq. of Title 70 of the Oklahoma

Statutes;

2. A driver education course, certified by the Department of

Public Safety, from a parochial, private or other nonpublic

secondary school; or

3. A commercial driver training course, as defined by Sections

801 through 808 of this title.

SECTION 10. AMENDATORY 47 O.S. 1991, Section 6-309, as

last amended by Section 6, Chapter 97, O.S.L. 1993 (47 O.S. Supp.

1994, Section 6-309), is amended to read as follows:

Section 6-309. A. Notwithstanding any other provision of law,

a holder of an unexpired any person who lawfully possesses a valid

Oklahoma commercial chauffeur's license, chauffeur's license or

operator's Class A, B or C commercial license shall be entitled to

operate a Class D motor vehicle or motorcycle, motor-driven cycle or

motorized bicycle in accordance with the driver's driver license

granted and the endorsements thereon until the expiration of said

license, except for any period of time in which said driver's the

license has been canceled, suspended or revoked.

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B. Notwithstanding any other provision of law, the holder of a

valid Oklahoma commercial chauffeur's license or chauffeur's license

which expires on or after April 1, 1992, shall not be e ntitled to

operate a Class A, B or C commercial motor vehicle under the

authority of such license on or after April 1, 1992.

C. Notwithstanding any other provision of law, the Department

of Public Safety may require that the holder of a valid Oklahoma

commercial chauffeur's license or chauffeur's license which expires

on or after January 1, 1991, or a person applying for an original

Class A, B or C license after January 1, 1991, complete all required

parts of the examination for a Class A, B or C license a s a

condition for renewal or issuance of a Class A, B or C license.

Notwithstanding any other provision of law, the Department of Public

Safety may require that the holder of a valid Oklahoma commercial

chauffeur's license or chauffeur's license, which expires on or

after April 1, 1992, complete all required parts of the examination

for a Class A, B or C license prior to April 1, 1992. The fee for a

successful examination shall be as provided in subsection H of

Section 6-101 of this title.

D. A holder of a commercial chauffeur's or chauffeur's license

who has successfully completed the examination for a Class A, B or C

license as required by this section shall be issued a Class A, B or

C license upon:

1. Expiration of his commercial chauffeur's license or

chauffeur's license on or before April 1, 1992, whichever occurs

first;

2. Completion of any other requirements of the Oklahoma Vehicle

License and Registration Act, Section 1101 et seq. of this title;

and

3. Payment of the fee as provided in subsection H of Section 6-

101 of this title and payment of the appropriate fee for replacement

or renewal as applicable.

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SECTION 11. AMENDATORY 47 O.S. 1991, Section 8-103, is

amended to read as follows:

Section 8-103. (a) A. No person shall rent a motor vehicle to

any other person unless the latter person to whom the vehicle is to

be rented is then 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 residence

except a nonresident whose home state or country does not require

that an operator be licensed.

(b) B. No person shall rent a motor vehicle to another until he

has inspected the operator's or chauffeur's 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 presence.

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 number of the license of said

latter person and the date and place when and where said license was

issued. Such record shall be open to inspection by any police

officer or officer or employee of the Department.

SECTION 12. AMENDATORY 47 O.S. 1991, Section 10 -104, as

amended by Section 1, Chapter 192, O.S.L. 1993 (47 O.S. Supp. 1994,

Section 10-104), is amended to read as follows:

Section 10-104. 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 operator's or

chauffeur's 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,

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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.

B. Any driver of any vehicle involved in an accident who is

cited for any traffic offense where said accident resulted in the

immediate death of any person shall submit to drug and alcohol

testing as soon as practicable after such accident occurs. T he

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.

SECTION 13. AMENDATORY 47 O.S. 1991, Section 10 -106, is

amended to read as follows:

Section 10-106. The driver of any vehicle involved in an

accident resulting only in damage to fixtures 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 his the driver's name and address and of the

registration number of the vehicle he is driving being driven and

shall upon request and if available exhibit his operator's or

chauffeur's a driver license and his 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 hereof of this

title.

SECTION 14. AMENDATORY 47 O.S. 1991, Section 18 -101, is

amended to read as follows:

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Section 18-101. (a) A. Every magistrate or judge of a court

shall keep or cause to be kept a record of every traffic complaint,

traffic citation or other legal form of traffic charge deposited

with or presented to said court or its traffic-violations bureau,

and shall keep a record of every official action by said court or

its traffic-violations bureau in reference thereto, including but

not limited to a record of every conviction, forfeiture of bail,

judgment of acquittal and the amount of fine or forfeiture resulting

from every said traffic complaint or citation deposited with or

presented to said court or traffic-violations bureau.

(b) B. Within ten (10) days after the conviction or forfeiture

of bail of a person upon a charge of violating any provision of this

act title or other law regulating the operation of vehicles on

highways every said magistrate of the court or clerk of the court of

record, in which such conviction was had or bail was forfeited shall

prepare and immediately forward to the Department an abstract of the

record of said court covering the case in which said person was so

convicted or forfeited bail, which abstract must be certified by the

person so required to prepare the same to be true and correct. A

report need not be made of any conviction involving the illegal

parking or standing of a vehicle. A magistrate of a municipal court

shall not make such a report of a conviction involving speeding if

the speed limit is not exceeded by more than ten (10) miles per

hour.

Department and shall include the:

1. The name and, address of the party charged, the and driver

license number, if any, of his operator's or chauffeur's license,

the of the person charged;

2. The registration number of the vehicle involved, the; and

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3. The nature of the offense, the date of hearing, the plea,

the judgment, or whether bail forfeited and the amount of the fine

or forfeiture as the case may be.

(d) D. Every court of record shall also forward a like report

to the Department upon the conviction of any person of manslaughter

or other felony in the commission of which a vehicle was used.

(e) E. The failure, refusal or neglect of any such judicial

officer to comply with any of the requirements of this section shall

constitute misconduct in office and shall be ground for removal

therefrom.

SECTION 15. AMENDATORY 47 O.S. 1991, Section 180m, is

amended to read as follows:

Section 180m. Duties of State and Local Officers: In addition

to all other duties as provided by law, it is hereby declared to be,

and shall be the duty of all sheriffs, deputy sheriffs, district

attorneys, enforcement officers appointed by the Corporation

Commission of the State of Oklahoma, and all highway patrolmen

within the State of Oklahoma, to:

1. To enforce the provisions of this act. Sections 180 through

180m of this title;

2. To apprehend and detain any motor vehicle or vehicles and

driver or chauffeur operator and their aids aides who are operating

any motor vehicle, upon or along the Highways highways of this

state, without the specific identification plate so attached thereto

as provided herein, for a reasonable length of time, for the purpose

of investigating and determining whether such vehicle is being

operated in violation of any of the provisions of this act Sections

180 through 180m of this title; and to

3. To make arrests for the violation of the provisions of this

act Sections 180 through 180m of this title, without the necessity

of procuring a warrant; and to

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4. To sign the necessary complaint and to cause the violator or

violators to be promptly arraigned before a court of competent

jurisdiction for trial and to;

5. To aid and assist in the prosecution of the violator or

violators in the name of the State of Oklahoma to the end that this

law shall be enforced:;

(a) It shall be the further duty of the arresting officer to

6. To report all such arrests for violations of Sections 180

through 180m of this title to the Corporation Commission of Oklahoma

within ten (10) days after making such arrest and to furnish such

information concerning same as the Commission may request.

(b) It shall be the further duty of the officers herein, at; and

7. At the request of the Corporation Commission, to seize and

confiscate any and all certificates of registration and

identification plates and to forward the same to the Corporation

Commission for cancellation.

SECTION 16. AMENDATORY 47 O.S. 1991, Section 801, as

amended by Section 5, Chapter 314, O.S.L. 1993 (47 O.S. Supp. 1994,

Section 801), is amended to read as follows:

Section 801. As used in this act Section 801 et seq. of this

title:

(A) "Commercial driver training school" or "school" means a

business enterprise conducted by an individual, association,

partnership, or corporation, for the education and training of

persons, either practically or theoretically, or both, to operate or

drive motor vehicles and/or to prepare an applicant for an

examination given by the state for a classified driver's driver

license including a restricted Class D license for persons fifteen

and one-half (15 1/2) years old as defined in Section 6 -105 of this

title, and charging a consideration or tuition for such services.

(B) "Instructor" means any person, whether acting for himself

as operator of a commercial driver training school or for any such

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school for compensation, who teaches, conducts classes of, gives

demonstrations to, or supervises practice of persons learning to

operate or drive motor vehicles or preparing to take an examination

for a classified driver's driver license including a restricted

Class D license for persons fifteen and one-half (15 1/2) years old

as defined in Section 6-105 of this title, and any person who

supervises the work of any other such instructor.

SECTION 17. AMENDATORY 47 O.S. 1991, Section 1006, is

amended to read as follows:

Section 1006. The driver in a ridesharing arrangement shall not

be deemed a chauffeur commercial operator or driver nor shall he be

deemed to be transporting persons for compensation under the driver

licensing provisions of Title 47 of the Oklahoma Statutes.

SECTION 18. AMENDATORY 47 O.S. 1991, Section 1171, is

amended to read as follows:

Section 1171. A. As used in this section, "tour bus" means an

intercity bus or buses owned, leased or operated to transport

passengers by charter or special service as defined by the

Interstate Commerce Commission who are assembled into a travel group

through a sale to each individual passenger of a ticket covering a

comprehensive trip from any point within the State of Oklahoma with

visits to places of established interest and a return in conjunction

with packages offered by travel agencies or professional tour

operators. The term "tour bus" shall not include regular route

passenger service.

B. It shall be unlawful for the Oklahoma Tourism and Recreation

Department or any other agency of the state to discriminate in any

way against a company, corporation, partnership or sole

proprietorship operating tour buses on an intrastate or interstate

basis in this state.

Req. No. 6191 Page 20

C. Upon application, the Marketing Services Division of the

Department of Tourism and Recreation shall issue a permit to any

applicant for a tour bus permit in the State of Oklahoma. The fee

for such permit shall be Twenty Dollars ($20.00) per year for each

tour bus company. The fee shall be paid to the Marketing Services

Division and said fees shall be deposited by the State Treasurer in

the Oklahoma Tourism and Recreation Department Revolving Fund.

D. Prior to the issuance of any such permit, all tour bus

operators must file with the Marketing Services Division of the

Department of Tourism and Recreation proof of compliance with all

insurance requirements and safety standards required by the State of

Oklahoma.

E. The public policy of this state, as declared by the

Legislature, is to encourage tour bus operations within the state

and to simplify permit application procedures for providers of tour

bus services. Rules and regulations adopted by the Oklahoma Tourism

and Recreation Commission shall implement the stated public policy

and also protect the public's interest by mandating that tour bus

operators shall conduct their operations in accordance with all

applicable laws of the state, and all applicable rules established

by the Oklahoma Tourism and Recreation Commission.

F. No person shall operate a tour bus as a carrier of persons

or property unless such person holds a valid commercial chauffeur's

driver license.

G. No tour bus shall be operated on the public highways of the

state that does not comply with safety criteria established by state

law or by rule promulgated by the Department of Public Safety. No

tour bus shall be operated by any person who is intoxicated or under

the influence of alcohol or under the influence of amphetamines,

stimulants, controlled dangerous substances, or other drugs. Any

tour bus which fails to meet safety criteria, or which is operated

by a person under the influence of alcohol, amphetamines,

Req. No. 6191 Page 21

stimulants, controlled dangerous substances, or other drugs shall be

denied continued use of the public highways of the state.

H. No tour bus operator shall conduct any operations in this

state until after such tour bus operator shall have filed with the

Marketing Services Division of the Oklahoma Tourism and Recreation

Department a liability insurance policy or bond covering public

liability and property damage, issued by an insurance or bonding

company or insurance carrier authorized to do business in this state

and shall be in such sum and amount as fixed by rules as approved by

the Oklahoma Tourism and Recreation Commission; and such liability

and property damage insurance policy or bond shall bind the obligor

thereunder to make compensation for injuries to, or death of,

persons, and loss or damage to property, resulting from the

operation of any such tour bus for which such carrier is legally

liable.

Providing further that such tour bus operator shall maintain all

insurance required by state law and the rules of the Oklahoma

Tourism and Recreation Commission during the operation of such tour

bus and that the failure for any cause to maintain such coverage in

full force and effect shall immediately, without any notice from the

Oklahoma Tourism and Recreation Commission, suspend the rights of

the tour bus operator to operate such tour bus until proper

insurance is provided.

Any tour bus operator engaged in interstate operations shall

comply with all provisions of this section; however, valid

Interstate Commerce Commission certification shall be recognized in

lieu of a liability insurance policy or bond and safety inspection

by an Oklahoma Department of Public Safety authorized inspection.

I. Every owner of any tour bus operated within this state, such

agents, employees and every other person who violates or fails to

comply with or procures, aids or abets in the violation of any

provision of this section shall be deemed guilty of a misdemeanor.

Req. No. 6191 Page 22

Upon conviction in a criminal court of competent jurisdiction, such

misdemeanor is punishable by a fine not exceeding One Thousand

Dollars ($1,000.00).

J. The Department of Public Safety shall be responsible for

enforcement of this section, and monthly, shall notify the Marketing

Services Division of the Oklahoma Tourism and Recreation Department

of any citations issued for violations of this section.

K. The Marketing Services Division of the Oklahoma Tourism and

Recreation Department may enter into an agreement with any person or

corporation located within or without the state for transmission of

tour bus permits by way of a facsimile machine or other device if

the Department determines that such agreement is in the best

interests of the state.

L. The Oklahoma Tourism and Recreation Commission may adopt

such rules and regulations as it deems necessary to administer the

provisions of this section. The Department may prescribe an

application form for the permit and such other forms as it deems

appropriate.

SECTION 19. This act shall become effective November 1, 1995.

45-1-6191 LAC