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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 2052 By: Pugh
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to motor vehicles; amending 22 O.S.
7 2021, Section 1115.1A, as last amended by Section 1,
8 Chapter 57, O.S.L. 2024 (22 O.S. Supp. 2025, Section
8 1115.1A), which relates to release on personal
9 recognizance for traffic violation; adding certain
9 exception; amending 47 O.S. 2021, Sections 6-111, as
10 last amended by Section 2, Chapter 310, O.S.L. 2025,
10 3, Chapter 310, O.S.L. 2025, and 4, Chapter 310,
11 O.S.L. 2025 (47 O.S. Supp. 2025, Sections 6-111, 6-
11 126.1, and 6-126.2), which relate to motor vehicle
12 enforcement; removing certain violations; requiring
12 persons operating a commercial motor vehicle to
13 possess certain identification; requiring certain
13 additional identification in certain circumstance;
14 providing for certain offense; prescribing certain
14 enforcement standards; providing for certain
15 violation; defining term; creating certain
15 administrative fine for certain offenses; providing
16 for certain hearing; amending 47 O.S. 2021, Section
16 955, as amended by Section 12, Chapter 228, O.S.L.
17 2022 (47 O.S. Supp. 2025, Section 955), which relates
17 to towing of vehicles from roadway; allowing for
18 certain vehicles when certain persons are placed
18 under custodial arrest; updating statutory
19 references; providing for codification; and declaring
19 an emergency.
20
20
21
21
22 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
22
23
23
24
24
Req. No. 3050 Page 1
1 SECTION 1. AMENDATORY 22 O.S. 2021, Section 1115.1A, as
1
2 last amended by Section 1, Chapter 57, O.S.L. 2024 (22 O.S. Supp.
2
3 2025, Section 1115.1A), is amended to read as follows:
3
4 Section 1115.1A. A. In addition to other provisions of law for
4
5 posting bail, any person, whether a resident of this state or a
5
6 nonresident, who is arrested by a law enforcement officer solely for
6
7 a misdemeanor violation of a state traffic law or municipal traffic
7
8 ordinance, shall be released by the arresting officer upon personal
8
9 recognizance if:
9
10 1. The arrested person has been issued a valid license to
10
11 operate a motor vehicle by this state, another state jurisdiction
11
12 within the United States, which is a participant in the Nonresident
12
13 Violator Compact, or any party jurisdiction of the Nonresident
13
14 Violator Compact;
14
15 2. The arresting officer is satisfied as to the identity of the
15
16 arrested person and certifies the date and time and the location of
16
17 the violation, as evidenced by the electronic signature of the
17
18 officer;
18
19 3. The arrested person acknowledges, as evidenced by the
19
20 electronic signature of the person, a written promise to appear as
20
21 provided for on the citation, unless the person is unconscious or
21
22 injured and requires immediate medical treatment as determined by a
22
23 treating physician; and
23
24 4. The violation does not constitute:
24
Req. No. 3050 Page 2
1 a. a felony,
1
2 b. negligent homicide,
2
3 c. driving or being in actual physical control of a motor
3
4 vehicle while impaired or under the influence of
4
5 alcohol or other intoxicating substances, unless the
5
6 person is unconscious or injured and requires
6
7 immediate medical treatment as determined by a
7
8 treating physician,
8
9 d. eluding or attempting to elude a law enforcement
9
10 officer,
10
11 e. operating a motor vehicle without having been issued a
11
12 valid driver license or while the driving privilege
12
13 and driver license is under suspension, revocation,
13
14 denial or cancellation,
14
15 f. an arrest based upon an outstanding warrant, or
15
16 g. a violation of Section 6-126.1 or 6-126.2 of Title 47
16
17 of the Oklahoma Statutes, or
17
18 h. a traffic violation coupled with any offense stated in
18
19 subparagraphs a through f g of this paragraph.
19
20 B. If the arrested person is eligible for release on personal
20
21 recognizance as provided for in subsection A of this section, then
21
22 the arresting officer shall on the citation:
22
23 1. Designate the traffic charge;
23
24
24
Req. No. 3050 Page 3
1 2. Record information from the driver license of the arrested
1
2 person on the citation form, including the name, address, date of
2
3 birth, physical description, type of driver license, driver license
3
4 number, issuing state, and expiration date;
4
5 3. Record the motor vehicle make, model and tag information;
5
6 4. Record the date and time on which, or before which, the
6
7 arrested person promises, as evidenced by the electronic signature
7
8 of the person, to contact, pay, or appear at the court, as
8
9 applicable to the court;
9
10 5. Record the electronic signature of the arrested person which
10
11 shall serve as evidence and acknowledgment of a promise to contact,
11
12 pay, or appear at the court, as provided for in the citation; and
12
13 6. Record the electronic signature of the arrested person which
13
14 shall serve as evidence to certify the date and time and the
14
15 location that the arrested person was served with a copy of the
15
16 citation and notice to appear,
16
17 after which, the arresting officer shall then release the person
17
18 upon personal recognizance based upon the acknowledged promise to
18
19 appear. The citation shall contain a written notice to the arrested
19
20 person that release upon personal recognizance based upon an
20
21 acknowledged promise to appear, as evidenced by the electronic
21
22 signature of the person, for arraignment is conditional and that
22
23 failure to timely appear for arraignment shall result in the
23
24 suspension of the driving privilege and driver license of the
24
Req. No. 3050 Page 4
1 arrested person in this state, or in the home state of the
1
2 nonresident pursuant to the Nonresident Violator Compact.
2
3 C. The court, or the court clerk as directed by the court, may
3
4 continue or reschedule the date and time of arraignment at the
4
5 discretion of the court or upon request of the arrested person or
5
6 the attorney for that person. If the arraignment is continued or
6
7 rescheduled, the arrested person shall remain on personal
7
8 recognizance and acknowledged promise to appear until such
8
9 arraignment, in the same manner and with the same consequences as if
9
10 the continued or rescheduled arraignment was entered on the citation
10
11 by the arresting officer and electronically signed by the defendant.
11
12 An arraignment may be continued or rescheduled more than one time.
12
13 Provided, however, the court shall require an arraignment to be had
13
14 within a reasonable time. It shall remain the duty of the defendant
14
15 to appear for arraignment unless the citation is satisfied as
15
16 provided for in subsection D of this section.
16
17 D. A defendant released upon personal recognizance may elect to
17
18 enter a plea of guilty or nolo contendere to the violation charged
18
19 at any time before the defendant is required to appear for
19
20 arraignment by indicating such plea on the copy of the citation
20
21 furnished to the defendant or on a legible copy, together with the
21
22 date of the plea and signature of the defendant, or such plea may be
22
23 entered by the defendant using an electronic method provided by the
23
24 court for such purposes, either through the website of the court or
24
Req. No. 3050 Page 5
1 otherwise. The defendant shall be responsible for assuring full
1
2 payment of the fine and costs to the appropriate court clerk.
2
3 Payment of the fine and costs may be made by personal, cashier's,
3
4 traveler's, certified or guaranteed bank check, postal or commercial
4
5 money order, or other form of payment approved by the court in an
5
6 amount prescribed as bail for the offense. Provided, however, the
6
7 defendant shall not use currency for payment by mail. Payment of
7
8 the fine and costs which is not accompanied by a written plea of
8
9 guilty or nolo contendere shall constitute a plea of nolo contendere
9
10 entered by the defendant as allowed by law, and shall function as a
10
11 written, dated and signed citation form acceptable to the court. A
11
12 plea of guilty or nolo contendere as provided for in this subsection
12
13 shall be accepted by the court and the amount of the fine and costs
13
14 shall be:
14
15 1. As prescribed in Section 1115.3 of this title as bail for
15
16 the violation;
16
17 2. In case of a municipal violation, as prescribed by municipal
17
18 ordinance for the violation charged; or
18
19 3. In the absence of such law or ordinance, then as prescribed
19
20 by the court.
20
21 E. 1. If, pursuant to the provisions of subsection D of this
21
22 section, the defendant does not timely elect to enter a plea of
22
23 guilty or nolo contendere and fails to timely appear for
23
24 arraignment, the court may issue a warrant for the arrest of the
24
Req. No. 3050 Page 6
1 defendant. The municipal or district court clerk, within one (1)
1
2 calendar year from the date the citation was issued by the arresting
2
3 officer, shall notify Service Oklahoma that:
3
4 a. the defendant was issued a traffic citation and
4
5 released upon personal recognizance after
5
6 acknowledging a written promise to appear for
6
7 arraignment as provided for in the citation,
7
8 b. the defendant has failed to appear for arraignment
8
9 without good cause shown,
9
10 c. the defendant has not posted bail, paid a fine, or
10
11 made any other arrangement with the court to satisfy
11
12 the citation, and
12
13 d. the citation has not been satisfied as provided by
13
14 law.
14
15 Additionally, the court clerk shall request Service Oklahoma to
15
16 either suspend the driving privilege and driver license of the
16
17 defendant to operate a motor vehicle in this state, or notify the
17
18 home state of the defendant and request suspension of the driving
18
19 privilege and driver license of the defendant in accordance with the
19
20 provisions of the Nonresident Violator Compact. The notice and
20
21 request shall be on a form approved or furnished by Service
21
22 Oklahoma.
22
23
23
24
24
Req. No. 3050 Page 7
1 2. The court clerk shall not process the notification and
1
2 request provided for in paragraph 1 of this subsection if, with
2
3 respect to such charges:
3
4 a. the defendant was arraigned, posted bail, paid a fine,
4
5 was jailed, or otherwise settled the case,
5
6 b. the defendant was not released upon personal
6
7 recognizance upon an acknowledged written promise to
7
8 appear as provided for in this section or if released,
8
9 was not permitted to remain on such personal
9
10 recognizance for arraignment,
10
11 c. the violation relates to parking or standing, or
11
12 d. a period of one (1) calendar year or more has elapsed
12
13 from the date the citation was issued by the arresting
13
14 officer.
14
15 F. Following receipt of the notice and request from the court
15
16 clerk for driving privilege and driver license suspension as
16
17 provided for in subsection E of this section, Service Oklahoma shall
17
18 proceed as provided for in Section 1115.5 of this title.
18
19 G. The municipal or district court clerk shall maintain a
19
20 record of each request for driving privilege and driver license
20
21 suspension submitted to Service Oklahoma pursuant to the provisions
21
22 of this section. When the court or court clerk receives appropriate
22
23 bail or payment of the fine and costs, settles the citation, makes
23
24 other arrangements with the defendant, or otherwise closes the case,
24
Req. No. 3050 Page 8
1 the court clerk shall furnish proof thereof to the defendant, if the
1
2 defendant personally appears, or shall mail such proof by first-
2
3 class mail, postage prepaid, to the defendant at the address noted
3
4 on the citation or at such other address as is furnished by the
4
5 defendant or by email if the defendant has furnished an email
5
6 address for such purposes. Additionally, the court or court clerk
6
7 shall notify the home jurisdiction of the defendant as listed on the
7
8 citation, if such jurisdiction is a member of the Nonresident
8
9 Violator Compact, and shall, in all other cases, notify Service
9
10 Oklahoma of the resolution of the case. The form of proof and the
10
11 procedures for notification shall be approved by Service Oklahoma.
11
12 Provided, however, failure by the court or court clerk to furnish
12
13 such proof or notice in the manner provided for in this subsection
13
14 shall in no event create any civil liability upon the court, the
14
15 court clerk, the State of Oklahoma or any political subdivision
15
16 thereof, or any state department or agency or any employee thereof
16
17 but duplicate proof shall be furnished to the person entitled to
17
18 such proof or notice upon request.
18
19 H. For purposes of this section, "electronic signature" shall
19
20 have the same meaning as defined in Section 15-102 of Title 12A of
20
21 the Oklahoma Statutes.
21
22 SECTION 2. AMENDATORY 47 O.S. 2021, Section 6-111, as
22
23 last amended by Section 2, Chapter 310, O.S.L. 2025 (47 O.S. Supp.
23
24 2025, Section 6-111), is amended to read as follows:
24
Req. No. 3050 Page 9
1 Section 6-111. A. 1. Service Oklahoma shall, upon payment of
1
2 the required fee, issue to every applicant qualifying therefor a
2
3 Class A, B, C, or D driver license or identification card as applied
3
4 for, which license or card shall bear thereon a distinguishing
4
5 alphanumeric identification assigned to the licensee or cardholder,
5
6 date of issuance and date of expiration of the license or card, the
6
7 full legal name, signature or computerized signature, date of birth,
7
8 residence address, unless specified as an exception in 6 C.F.R.,
8
9 Section 37.17, sex, a computerized color image of the licensee or
9
10 cardholder taken in accordance with Service Oklahoma rules, and
10
11 security features as determined by Service Oklahoma. The image
11
12 shall depict a full front unobstructed view of the entire face of
12
13 the licensee or cardholder; provided, a commercial learner permit
13
14 shall not bear the image of the licensee. When any person is issued
14
15 both a driver license and an identification card, Service Oklahoma
15
16 shall ensure the information on both the license and the card are is
16
17 the same, unless otherwise provided by law.
17
18 2. A driver license or identification card issued by Service
18
19 Oklahoma on or after March 1, 2004, shall bear thereon the county of
19
20 residence of the licensee or cardholder.
20
21 3. Service Oklahoma may cancel the distinguishing number, when
21
22 that distinguishing number is another person's Social Security
22
23 number, assign a new distinguishing alphanumeric identification, and
23
24
24
Req. No. 3050 Page 10
1 issue a new license or identification card without charge to the
1
2 licensee or cardholder.
2
3 4. Service Oklahoma may promulgate rules for inclusion of the
3
4 height and a brief description of the licensee or cardholder on the
4
5 face of the card or license identifying the licensee or cardholder
5
6 as deaf or hard-of-hearing.
6
7 5. It is unlawful for any person to apply, adhere, or otherwise
7
8 attach to a driver license or identification card any decal,
8
9 sticker, label, or other attachment. Any law enforcement officer is
9
10 authorized to remove and dispose of any unlawful decal, sticker,
10
11 label, or other attachment from the driver license of a person. The
11
12 law enforcement officer, the employing agency of the officer,
12
13 Service Oklahoma, and the State of Oklahoma shall be immune from any
13
14 liability for any loss suffered by the licensee, cardholder, or the
14
15 owner of the decal, sticker, label, or other attachment caused by
15
16 the removal and destruction of the decal, sticker, label, or other
16
17 attachment.
17
18 6. Service Oklahoma may develop by rule a procedure which
18
19 complies with the provisions of subsection G of Section 6-101 of
19
20 this title whereby a person may apply for a renewal or replacement
20
21 Oklahoma Class D license or Oklahoma identification card.
21
22 B. 1. Service Oklahoma may issue or authorize the issuance of
22
23 a temporary permit or license to an applicant for a driver license
23
24 permitting such applicant to operate a motor vehicle while Service
24
Req. No. 3050 Page 11
1 Oklahoma is completing its investigation and determination of all
1
2 facts relative to such applicant's privilege to receive a license,
2
3 or while a permanent driver license is being produced and delivered
3
4 to the applicant. Such permit or license must be in the immediate
4
5 possession of the driver while operating a motor vehicle, and it
5
6 shall be invalid when the applicant's permanent driver license has
6
7 been issued and delivered or for good cause has been refused.
7
8 2. Service Oklahoma may issue or authorize the issuance of a
8
9 temporary identification card to an applicant, permitting the holder
9
10 the privileges otherwise granted by identification cards, while a
10
11 permanent driver license is being provided and delivered to the
11
12 applicant. Such card shall be invalid when the applicant's
12
13 permanent identification card has been issued and delivered, or for
13
14 good cause has been refused.
14
15 C. 1. Service Oklahoma may issue a restricted commercial
15
16 driver license to drivers eighteen (18) years of age or older for
16
17 any of the following specific farm-related service industries:
17
18 a. farm retail outlets and suppliers,
18
19 b. agri-chemical businesses,
19
20 c. custom harvesters, and
20
21 d. livestock feeders.
21
22 The applicant shall have held a valid driver license for at
22
23 least one (1) year. Applicants with more than two (2) years of
23
24 driving experience shall have a good driving record for the most
24
Req. No. 3050 Page 12
1 recent two-year period and shall meet all the requirements for a
1
2 commercial driver license. The restricted commercial driver license
2
3 shall not exceed the maximum total days that federal law allows.
3
4 Applicants for the restricted commercial driver license shall be
4
5 exempt from the knowledge and skills test. Application of the
5
6 restricted commercial driver license does not have to be used in
6
7 consecutive days. The use of the permit shall be declared at
7
8 application.
8
9 2. A "good driving record" as used in this subsection shall
9
10 mean an applicant:
10
11 a. has not had more than one license,
11
12 b. has not had any license suspended, revoked, or
12
13 canceled,
13
14 c. has not had any conviction for any type of
14
15 disqualifying offenses or serious traffic violations,
15
16 or
16
17 d. has not had any conviction for a violation of state or
17
18 local law relating to motor vehicle traffic control,
18
19 other than a parking violation, arising in connection
19
20 with any traffic accident and has no record of an
20
21 accident in which he or she is at fault.
21
22 3. The restricted commercial driver license shall not be valid
22
23 for operators of commercial motor vehicles beyond one hundred fifty
23
24 (150) miles from the place of business or the farm currently being
24
Req. No. 3050 Page 13
1 served. Such license shall be limited to Class B or C vehicles.
1
2 Holders of such licenses who transport hazardous materials which are
2
3 required to be placarded shall be limited to the following:
3
4 a. diesel fuel in quantities of one thousand (1,000)
4
5 gallons or less,
5
6 b. liquid fertilizers in vehicles with total capacities
6
7 of three thousand (3,000) gallons or less, and
7
8 c. solid fertilizers that are not mixed with any organic
8
9 substance.
9
10 No other placarded hazardous materials shall be transported by
10
11 holders of such licenses.
11
12 D. 1. Service Oklahoma may issue a non-domiciled commercial
12
13 learner permit or a non-domiciled commercial driver license.
13
14 2. A person applying for such permit or license must comply
14
15 with all testing and licensing requirements in accordance with
15
16 applicable federal regulations, state laws, and Service Oklahoma
16
17 rules. The expiration of the issued license shall be the same date
17
18 as the expiration of the visa for the non-domiciled worker. Service
18
19 Oklahoma may promulgate rules for the implementation of the process
19
20 to carry out the provisions of this section.
20
21 3. A person holding a non-domiciled commercial driver license
21
22 or non-domiciled commercial learner's permit within this state shall
22
23 also possess a valid work visa and provide proof of citizenship to
23
24 validate his or her identity while operating a commercial motor
24
Req. No. 3050 Page 14
1 vehicle. Proof of citizenship shall be demonstrated through
1
2 presentation of a birth certificate, naturalization certificate, or
2
3 valid passport.
3
4 4. A commercial motor carrier whose driver is found to be in
4
5 violation of this subsection shall be subject to a fine in the
5
6 amount of Three Thousand Dollars ($3,000.00) for each violation.
6
7 The proceeds of any penalties collected pursuant to this paragraph
7
8 shall be deposited in the Weigh Station Improvement Revolving Fund
8
9 created in Section 1167 of Title 47 of the Oklahoma Statutes.
9
10 5. A driver found to be in violation of this subsection shall
10
11 be prohibited from operating a commercial motor vehicle within this
11
12 state until such a time that the driver is able to meet the
12
13 identification provisions of this subsection. Any driver found to
13
14 be operating a motor vehicle within this state while under such
14
15 prohibition shall be guilty of a misdemeanor and upon conviction
15
16 shall be punished by a fine not to exceed One Thousand Dollars
16
17 ($1,000.00), or by imprisonment for not more than ninety (90) days,
17
18 or by both such fine and imprisonment. Any fine collected pursuant
18
19 to the provisions of this paragraph shall be deposited to the Trauma
19
20 Care Assistance Revolving Fund created in Section 1-2530.9 of Title
20
21 63 of the Oklahoma Statutes.
21
22 6. The commercial motor carrier shall be notified of the
22
23 location of any commercial motor vehicle involved in a violation,
23
24 and, upon payment of the fine in full and presentation of a driver
24
Req. No. 3050 Page 15
1 who meets all requirements to operate a commercial motor vehicle
1
2 within this state, shall take possession of the vehicle. If the
2
3 commercial motor carrier is unable to either pay such fine or
3
4 present such driver within twelve (12) hours after notification, the
4
5 owner of any cargo being transported by the commercial motor vehicle
5
6 shall be notified and allowed to arrange for the transfer of the
6
7 cargo to another vehicle. Neither the state nor the owner of such
7
8 cargo shall be liable for any reasonable action to transfer such
8
9 cargo.
9
10 7. As used in this subsection, a non-domiciled commercial
10
11 driver license or non-domiciled commercial learner permit shall have
11
12 the same meaning as that provided in 49 C.F.R., Section 383.5.
12
13 E. 1. Service Oklahoma shall develop a procedure whereby a
13
14 person applying for an original, renewal, or replacement Class A, B,
14
15 C, or D driver license or identification card who is required to
15
16 register as a convicted sex offender with the Department of
16
17 Corrections pursuant to the provisions of the Sex Offenders
17
18 Registration Act and who the Department of Corrections designates as
18
19 an aggravated or habitual offender pursuant to subsection J O of
19
20 Section 584 of Title 57 of the Oklahoma Statutes shall be issued a
20
21 license or card bearing the words "Sex Offender".
21
22 2. Service Oklahoma shall notify every person subject to
22
23 registration under the provisions of Section 1-101 et seq. of this
23
24 title who holds a current Class A, B, C, or D driver license or
24
Req. No. 3050 Page 16
1 identification card that such person is required to surrender the
1
2 license or card to Service Oklahoma within one hundred eighty (180)
2
3 days from the date of the notice.
3
4 3. Upon surrendering the license or card for the reason set
4
5 forth in this subsection, application may be made with Service
5
6 Oklahoma for a replacement license or card bearing the words "Sex
6
7 Offender".
7
8 4. Failure to comply with the requirements set forth in such
8
9 notice shall result in cancellation of the person's license or card.
9
10 Such cancellation shall be in effect for one (1) year, after which
10
11 time the person may make application with Service Oklahoma for a new
11
12 license or card bearing the words "Sex Offender". Continued use of
12
13 a canceled license or card shall constitute a misdemeanor and shall,
13
14 upon conviction thereof, be punishable by a fine of not less than
14
15 Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars
15
16 ($200.00). When an individual is no longer required to register as
16
17 a convicted sex offender with the Department of Corrections pursuant
17
18 to the provisions of the Sex Offenders Registration Act, the
18
19 individual shall be eligible to receive a driver license or
19
20 identification card which does not bear the words "Sex Offender".
20
21 F. Nothing in subsection E of this section shall be deemed to
21
22 impose any liability upon or give rise to a cause of action against
22
23 any employee, agent, or official of the Department of Corrections
23
24 for failing to designate a sex offender as an aggravated or habitual
24
Req. No. 3050 Page 17
1 offender pursuant to subsection J O of Section 584 of Title 57 of
1
2 the Oklahoma Statutes.
2
3 G. A person subject to an order for the installation of an
3
4 ignition interlock device shall be required by Service Oklahoma to
4
5 submit his or her driver license for a replacement. The replacement
5
6 driver license shall bear the words "Interlock Required" and such
6
7 designation shall remain on the driver license for the duration of
7
8 the order requiring the ignition interlock device. The replacement
8
9 license shall be subject to the same expiration and renewal
9
10 procedures provided by law. Upon completion of the requirements for
10
11 the interlock device, a person may apply for a replacement driver
11
12 license.
12
13 H. Service Oklahoma shall develop a procedure whereby a person
13
14 applying for an original, renewal, or replacement Class D driver
14
15 license who has been granted modified driving privileges under this
15
16 title shall be issued a Class D driver license which identifies the
16
17 license as a modified license.
17
18 SECTION 3. AMENDATORY Section 3, Chapter 310, O.S.L.
18
19 2025 (47 O.S. Supp. 2025, Section 6-126.1), is amended to read as
19
20 follows:
20
21 Section 6-126.1. A. Any person operating any commercial motor
21
22 vehicle, as defined in Section 1-107.1 et. seq of Title 47 of the
22
23 Oklahoma Statutes this title, in this state shall possess either:
23
24
24
Req. No. 3050 Page 18
1 1. A valid commercial driver license or commercial learner
1
2 permit issued by a state, territory, or possession of the United
2
3 States, the District of Columbia, or the Commonwealth of Puerto
3
4 Rico; or
4
5 2. A valid non-domiciled commercial driver license or non-
5
6 domiciled commercial learner permit, as defined by 49 C.F.R.,
6
7 Section 383.5; or
7
8 3. A valid commercial driver license issued by a Canadian or
8
9 Mexican state, territory, district, or province of Canada or Mexico,
9
10 or another nation or territory that has a reciprocal license
10
11 agreement with this state, accompanied by a valid work visa. A
11
12 person holding such a driver license shall also possess a physical
12
13 copy of such license and verifiable proof of citizenship of the
13
14 country that issued the license. Proof of citizenship shall be
14
15 demonstrated through presentation of a birth certificate,
15
16 naturalization certificate, or valid passport.
16
17 B. 1. A commercial motor carrier whose driver is found to be
17
18 in violation of this section shall be subject to a fine in the
18
19 amount of Three Thousand Dollars ($3,000.00) for each violation.
19
20 The proceeds of any penalties collected pursuant to this paragraph
20
21 shall be deposited in the Weigh Station Improvement Revolving Fund
21
22 created in Section 1167 of Title 47 of the Oklahoma Statutes.
22
23 2. A driver found to be in violation of this section shall be
23
24 prohibited from operating a commercial motor vehicle within this
24
Req. No. 3050 Page 19
1 state until such a time that the driver is able to meet the
1
2 identification provisions of this section. Any driver found to be
2
3 operating a motor vehicle within this state while under such
3
4 prohibition shall be guilty of a misdemeanor and upon conviction
4
5 shall be punished by a fine not to exceed One Thousand Dollars
5
6 ($1,000.00), or by imprisonment for not more than ninety (90) days,
6
7 or both such fine and imprisonment. Any fine collected pursuant to
7
8 the provisions of this paragraph shall be deposited to the Trauma
8
9 Care Assistance Revolving Fund created in Section 1-2530.9 of Title
9
10 63 of the Oklahoma Statutes.
10
11 3. The commercial motor carrier shall be notified of the
11
12 location of any commercial motor vehicle involved in a violation,
12
13 and, upon payment of the fine in full and presentation of a driver
13
14 who meets all requirements to operate a commercial motor vehicle
14
15 within this state, shall take possession of the vehicle. If the
15
16 commercial motor carrier is unable to either pay such fine or
16
17 present such driver within twelve (12) hours after notification, the
17
18 owner of any cargo being transported by the commercial motor vehicle
18
19 shall be notified and allowed to arrange for the transfer of the
19
20 cargo to another vehicle. Neither the state nor the owner of such
20
21 cargo shall be liable for any reasonable action to transfer such
21
22 cargo. Any person operating a commercial motor vehicle within this
22
23 state with an otherwise valid non-domiciled commercial driver
23
24
24
Req. No. 3050 Page 20
1 license or non-domiciled commercial learner permit shall possess on
1
2 the operator's person:
2
3 a. evidence of lawful immigration status as defined by 49
3
4 C.F.R., Section 383.5, if the non-domiciled commercial
4
5 driver license or non-domiciled commercial learner
5
6 permit was issued on or after September 29, 2025, or
6
7 b. an unexpired employment authorization document (EAD)
7
8 issued by the United States Citizenship and
8
9 Immigration Services or an unexpired foreign passport
9
10 accompanied by an approved Form I-94 documenting the
10
11 applicant's most recent admittance into the United
11
12 States, if the non-domiciled commercial driver license
12
13 or non-domiciled commercial learner permit was issued
13
14 prior to September 29, 2025.
14
15 2. Any person operating a commercial motor vehicle within this
15
16 state with a commercial driver license issued by a Canadian or
16
17 Mexican state, territory, district, or province, or another nation
17
18 or territory that has a reciprocal license agreement with this
18
19 state, shall possess on the operator's person:
19
20 a. a valid and current B-1 visa issued by the United
20
21 States and an approved I-94 form documenting the
21
22 applicant's most recent admittance into the United
22
23 States, and
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24
24
Req. No. 3050 Page 21
1 b. proof of citizenship through presentation of a birth
1
2 certificate, naturalization certificate, or valid
2
3 passport.
3
4 3. An operator of a commercial motor vehicle who is found to be
4
5 in violation of the provisions of this subsection shall be guilty of
5
6 a misdemeanor and upon conviction shall be punished by a fine not to
6
7 exceed One Thousand Dollars ($1,000.00), or by imprisonment for not
7
8 more than ninety (90) days, or both such fine and imprisonment. Any
8
9 fine collected pursuant to the provisions of this paragraph shall be
9
10 deposited in the Weigh Station Improvement Revolving Fund created in
10
11 Section 1167 of this title.
11
12 4. A person operating in violation of this subsection shall not
12
13 be eligible for a citation and immediate release upon personal
13
14 recognizance as provided by Section 1115.1A of Title 22 of the
14
15 Oklahoma Statutes. Pursuant to Section 955 of this title, the
15
16 commercial motor vehicle is subject to being towed incident to the
16
17 arrest of the operator.
17
18 5. The citizenship or immigration status of a person operating
18
19 in violation of this subsection shall be subject to verification
19
20 and, if either his or her citizenship or immigration status is
20
21 unable to be verified, such person shall be transferred to the
21
22 custody of the United States Department of Homeland Security under
22
23 suspicion that such person is illegally present in the United
23
24 States.
24
Req. No. 3050 Page 22
1 SECTION 4. AMENDATORY Section 4, Chapter 310, O.S.L.
1
2 2025 (47 O.S. Supp. 2025, Section 6-126.2), is amended to read as
2
3 follows:
3
4 Section 6-126.2. A. An operator of a commercial motor vehicle
4
5 within this state shall be able to demonstrate proficiency of the
5
6 English language sufficient to:
6
7 1. Converse with the general public;
7
8 2. Understand highway traffic signs and signals in the English
8
9 language;
9
10 3. Respond to official inquiries; and
10
11 4. Make entries on reports and records.
11
12 When enforcing the provisions of this section, peace officers
12
13 may reference and apply applicable enforcement standards reflected
13
14 in Policy MC-SEE-2025-0001 issued by the Federal Motor Carrier
14
15 Safety Administration on May 20, 2025.
15
16 B. 1. A commercial motor carrier whose driver is found to be
16
17 in violation of this section shall be subject to a fine in the
17
18 amount of Three Thousand Dollars ($3,000.00) for each violation.
18
19 The proceeds of any penalties collected pursuant to this paragraph
19
20 shall be deposited in the Weigh Station Improvement Revolving Fund
20
21 created in Section 1167 of Title 47 of the Oklahoma Statutes.
21
22 2. A driver found to be in violation of this section shall be
22
23 prohibited from operating a commercial motor vehicle within this
23
24 state until such a time that the driver is able to meet the
24
Req. No. 3050 Page 23
1 identification provisions of this section. Any driver found to be
1
2 operating a motor vehicle within this state while under such
2
3 prohibition shall be guilty of a misdemeanor and upon conviction
3
4 shall be punished by a fine not to exceed One Thousand Dollars
4
5 ($1,000.00), or by imprisonment for not more than ninety (90) days,
5
6 or both such fine and imprisonment. Any fine collected pursuant to
6
7 the provisions of this paragraph shall be deposited to the Trauma
7
8 Care Assistance Revolving Fund created in Section 1-2530.9 of Title
8
9 63 of the Oklahoma Statutes.
9
10 3. The commercial motor carrier shall be notified of the
10
11 location of any commercial motor vehicle involved in a violation,
11
12 and, upon payment of the fine in full and presentation of a driver
12
13 who meets all requirements to operate a commercial motor vehicle
13
14 within this state, shall take possession of the vehicle. If the
14
15 commercial motor carrier is unable to either pay such fine or
15
16 present such driver within twelve (12) hours after notification, the
16
17 owner of any cargo being transported by the commercial motor vehicle
17
18 shall be notified and allowed to arrange for the transfer of the
18
19 cargo to another vehicle. Neither the state nor the owner of such
19
20 cargo shall be liable for any reasonable action to transfer such
20
21 cargo.
21
22 C. Any operator of a commercial motor vehicle found to be in
22
23 violation of this section shall, in addition to the provisions
23
24 provided for in subsection B of this section, be subject to a
24
Req. No. 3050 Page 24
1 penalty of One Thousand Dollars ($1,000.00). Any fine collected
1
2 pursuant to the provisions of this subsection shall be deposited to
2
3 the Trauma Care Assistance Revolving Fund created in Section 1-
3
4 2530.9 of Title 63 of the Oklahoma Statutes. An operator of a
4
5 commercial motor vehicle who is found to be in violation of the
5
6 provisions of this section shall be guilty of a misdemeanor and upon
6
7 conviction shall be punished by a fine not to exceed One Thousand
7
8 Dollars ($1,000.00), or by imprisonment for not more than ninety
8
9 (90) days, or both such fine and imprisonment. Any fine collected
9
10 pursuant to the provisions of this paragraph shall be deposited in
10
11 the Weigh Station Improvement Revolving Fund created in Section 1167
11
12 of this title.
12
13 2. A person operating in violation of this subsection shall not
13
14 be eligible for a citation and immediate release upon personal
14
15 recognizance as provided by Section 1115.1A of Title 22 of the
15
16 Oklahoma Statutes. Pursuant to Section 955 of this title, the
16
17 commercial motor vehicle is subject to being towed incident to the
17
18 arrest of the operator.
18
19 3. The citizenship or immigration status of a person operating
19
20 in violation of this subsection shall be subject to verification
20
21 and, if either his or her citizenship or immigration status is
21
22 unable to be verified, such person shall be transferred to the
22
23 custody of the United States Department of Homeland Security under
23
24
24
Req. No. 3050 Page 25
1 suspicion that such person is illegally present in the United
1
2 States.
2
3 SECTION 5. NEW LAW A new section of law to be codified
3
4 in the Oklahoma Statutes as Section 6-126.3 of Title 47, unless
4
5 there is created a duplication in numbering, reads as follows:
5
6 A. As used in this section, "offenses" means the number of
6
7 times any driver of a commercial motor carrier has been found to be
7
8 operating in violation of the provisions of Sections 6-126.1 and 6-
8
9 126.2 of Title 47 of the Oklahoma Statutes.
9
10 B. A commercial motor carrier whose driver is found to be
10
11 operating in violation of the provisions of Sections 6-126.1 and 6-
11
12 126.2 of Title 47 of the Oklahoma Statutes shall be liable for an
12
13 administrative fine, to be assessed by the Department of Public
13
14 Safety, of:
14
15 1. Ten Thousand Dollars ($10,000.00) for the first and second
15
16 offenses;
16
17 2. Twenty-five Thousand Dollars ($25,000.00) for the third
17
18 offense; and
18
19 3. One Hundred Thousand Dollars ($100,000.00) for the fourth
19
20 and subsequent offenses.
20
21 All administrative fines collected pursuant to this subsection
21
22 shall be deposited in the Weigh Station Improvement Revolving Fund
22
23 created in Section 1167 of Title 47 of the Oklahoma Statutes.
23
24
24
Req. No. 3050 Page 26
1 C. For the purpose of determining if an administrative fine
1
2 should be assessed, a hearing shall be conducted in accordance with
2
3 the provisions of the Administrative Procedures Act by a hearing
3
4 officer designated by the Department of Public Safety. A final
4
5 order by the hearing officer may be appealed to the district court
5
6 in the county in which the violation occurred pursuant to the
6
7 provisions of the Administrative Procedures Act.
7
8 SECTION 6. AMENDATORY 47 O.S. 2021, Section 955, as
8
9 amended by Section 12, Chapter 228, O.S.L. 2022 (47 O.S. Supp. 2025,
9
10 Section 955), is amended to read as follows:
10
11 Section 955. A. Any officer of the Department of Public Safety
11
12 or any other political subdivision of this state is hereby
12
13 authorized to cause to be towed any vehicle found upon public roads,
13
14 highways, streets, turnpikes, private parking lots accessible to the
14
15 public, other public places or upon any private road, street, alley
15
16 or lane which provides access to one or more single-family or
16
17 multifamily dwellings when:
17
18 1. A report has been made that the vehicle has been stolen or
18
19 taken without the consent of its owner;
19
20 2. The officer has reason to believe the vehicle has been
20
21 abandoned as defined in Sections 901 and 902 of this title;
21
22 3. The person driving or in control of the vehicle is arrested
22
23 placed under custodial arrest for an alleged offense for which the
23
24
24
Req. No. 3050 Page 27
1 officer is required by law to take the person arrested or summoned
1
2 before a proper magistrate without unnecessary delay;
2
3 4. At the scene of an accident, if the owner or driver is not
3
4 in a position to take charge of the vehicle and direct or request
4
5 its proper removal;
5
6 5. The officer has probable cause that the person operating the
6
7 vehicle has not been granted driving privileges or that the driving
7
8 privileges of the person are currently suspended, revoked, canceled,
8
9 denied, or disqualified;
9
10 6. The officer has probable cause that the vehicle has been
10
11 used in the commission of a felony offense and the officer has
11
12 obtained a search warrant authorizing the search and seizure of the
12
13 vehicle;
13
14 7. The officer has probable cause that the vehicle is not
14
15 insured as required by the Compulsory Insurance Law of this state;
15
16 or
16
17 8. The vehicle is involved in a fatal motor vehicle collision
17
18 and is needed for evidentiary purposes; or
18
19 9. A vehicle is left unattended upon any street, sidewalk,
19
20 alley or thoroughfare and constitutes a hazard or obstruction to the
20
21 normal movement of public transit along a rail fixed guideway. An
21
22 unattended vehicle shall be deemed to constitute an obstruction if
22
23 any portion of the vehicle remains in that lane utilized for the
23
24 rail fixed guideway as designated by traffic lane markings or if any
24
Req. No. 3050 Page 28
1 portion of the vehicle is outside of the designated parking location
1
2 and protrudes into the lane of traffic utilized for the rail fixed
2
3 guideway. For purposes of this paragraph, the head of a political
3
4 subdivision's transportation division may authorize employees to
4
5 cause to be towed any vehicle which constitutes a hazard or
5
6 obstruction to the normal movement of public transit along a rail
6
7 fixed guideway.
7
8 No vehicle shall be released after impoundment unless the owner
8
9 provides to the storing facility proof of valid insurance or an
9
10 affidavit of nonuse on the roadway, or in the event of a release
10
11 request from an insurer or the representative of the insurer who has
11
12 accepted liability for the vehicle, no such proof of insurance or
12
13 affidavit of nonuse on the roadway shall be required.
13
14 B. A licensed wrecker operator is not liable for damage to a
14
15 vehicle, vessel, or cargo that obstructs the normal movement of
15
16 traffic or creates a hazard to traffic and is removed in compliance
16
17 with the request of a law enforcement officer, unless there is
17
18 failure to exercise reasonable care in the performance of the act or
18
19 for conduct that is willful or malicious.
19
20 C. Each officer of the Department shall use the services of the
20
21 licensed wrecker operator whose location is nearest to the vehicle
21
22 to be towed in all instances in subsection A of this section. The
22
23 requests for services may be alternated or rotated among all
23
24 licensed wrecker operators who are located within a reasonable
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Req. No. 3050 Page 29
1 radius of each other. In like manner, the officer shall advise any
1
2 person requesting information as to the availability of a wrecker or
2
3 towing service, the name of the nearest licensed wrecker operator,
3
4 giving equal consideration to all licensed wrecker operators located
4
5 within a reasonable radius of each other. In cities of with a
5
6 population of less than fifty thousand (50,000) population, all
6
7 licensed wrecker operators located near or in the city limits of
7
8 such cities shall be considered as being equal distance and shall be
8
9 called on an equal basis as nearly as possible. In counties
9
10 bordering other states, if the officer deems safety and time
10
11 considerations warrant, the officer may call a wrecker or towing
11
12 service that is not on the rotation log.
12
13 D. Any officer of the Department who has been requested by a
13
14 person in need of wrecker or towing service to call a specific
14
15 wrecker or towing service for such person, and who calls a different
15
16 wrecker or towing service other than the one requested, without the
16
17 consent of the person, except where hazardous conditions exist,
17
18 shall be subject to progressive discipline issued by the Department
18
19 except in instances where a vehicle is removed from the roadway
19
20 under the authority of paragraphs 3, 4 and 6 of subsection A of this
20
21 section.
21
22 E. Operators conducting a tow under this section shall release
22
23 all personal property within the vehicle to an insurer or
23
24 representative of the insurer who has accepted liability for the
24
Req. No. 3050 Page 30
1 vehicle, or to the registered owner or the owner's personal
1
2 representative as designated by the registered owner on a form
2
3 approved by the Department. The registered owner or representative
3
4 of the registered owner shall provide proof of identity in
4
5 accordance with the Department's rules related to establishing
5
6 identity. Upon the release of personal property to an insurer or
6
7 representative of the insurer, wrecker operators shall be exempt
7
8 from all liability and shall be held harmless for any losses or
8
9 claims of loss. Personal property shall include everything in a
9
10 vehicle except the vehicle, the attached or installed equipment,
10
11 vehicle keys or devices to start and unlock the vehicle, and the
11
12 spare tire and tools to change the tire. Interlock devices may be
12
13 removed pursuant to Section 11-902a of this title. If release of
13
14 personal property occurs during normal business hours as prescribed
14
15 by the Corporation Commission, it shall be at no cost to the
15
16 registered owner or the owner prior to the repossession. After-hour
16
17 fees may be assessed as prescribed by this Chapter or by the
17
18 Corporation Commission, when the release of property is made after
18
19 the prescribed normal business hours.
19
20 F. The operator of a wrecker or towing service may request a
20
21 person offering proof of ownership of personal property and any
21
22 interlock device to execute a form provided by the operator
22
23 exempting the operator from liability for such release.
23
24
24
Req. No. 3050 Page 31
1 SECTION 7. It being immediately necessary for the preservation
1
2 of the public peace, health or safety, an emergency is hereby
2
3 declared to exist, by reason whereof this act shall take effect and
3
4 be in full force from and after its passage and approval.
4
5
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Req. No. 3050 Page 32Every fact on this page links to its source, starting with the official bill record.