Okla. Stat. tit. 47, § 47-6-205.2

convictions or acts - Driving while disqualified.

A. As used in this section:

1. “Conviction” means:

a. a nonvacated adjudication of guilt,

b. a determination that a person has violated or failed

to comply with this section in any court or by Service

Oklahoma following an administrative determination,

c. a nonvacated forfeiture of bail or collateral

deposited to secure a person’s appearance in court,

d. a plea of guilty or nolo contendere accepted by the

court,

e. the payment of any fine or court costs, or

f. a violation of a condition of release without bail,

regardless of whether or not the penalty is rebated,

suspended or probated;

Oklahoma Statutes - Title 47. Motor Vehicles Page 372

2. “Tribe” means a federally recognized Indian tribe within the

geographic boundaries of this state; and

3. “Qualified court” means those tribal court systems that have

adopted the Tribal Law and Order Act of 2010.

B. Service Oklahoma shall disqualify any person from operating

a Class A, B or C commercial motor vehicle for a period of not less

than one (1) year upon receiving a record of conviction of any of

the following disqualifying offenses, when the conviction has become

final:

1. Driving, operating or being in actual physical control of a

Class A, B or C commercial motor vehicle while having a blood or

breath alcohol concentration, as defined in Section 756 of this

title, or as defined by the state in which the arrest occurred, of

four-hundredths (0.04) or more;

2. Refusing to submit to a test for determination of alcohol

concentration, as required by Section 751 of this title, or as

required by the state in which the arrest occurred, while operating

a Class A, B or C commercial motor vehicle, or if the person is the

holder of a commercial driver license, committing the offense while

operating any vehicle;

3. Driving or being in actual physical control of a Class A, B

or C commercial motor vehicle while under the influence of alcohol

or any other intoxicating substance or the combined influence of

alcohol and any other intoxicating substance, or if the person is

the holder of a commercial driver license, committing the offense

while operating any vehicle. Provided, Service Oklahoma shall not

additionally disqualify, pursuant to this subsection, if the

person’s driving privilege has been disqualified in this state

because of a test result or test refusal pursuant to paragraph 1 or

2 of this subsection as a result of the same violation arising from

the same incident;

4. Knowingly leaving the scene of a collision which occurs

while operating a Class A, B or C commercial motor vehicle, or if

the person is the holder of a commercial driver license, committing

the offense while operating any vehicle;

5. Any felony during the commission of which a Class A, B or C

commercial motor vehicle is used, except a felony involving the

manufacture, distribution or dispensation of a controlled dangerous

substance, or if the person is the holder of a commercial driver

license, committing the offense while operating any vehicle;

6. Operating a commercial motor vehicle while the commercial

driving privilege is revoked, suspended, canceled, denied, or

disqualified;

7. Manslaughter homicide, or negligent homicide occurring as a

direct result of negligent operation of a commercial motor vehicle,

or, if the person is the holder of a commercial driver license,

committing the offense while operating any vehicle;

Oklahoma Statutes - Title 47. Motor Vehicles Page 373

8. Fraud related to examination for or issuance of a commercial

learner permit or a Class A, B or C driver license; or

9. Failure to submit to skills or knowledge reexamination, or

both, for the purpose of issuance of a commercial learner permit or

a Class A, B or C driver license within thirty (30) days of receipt

of notification from the Department.

C. Service Oklahoma shall disqualify any person from operating
amination for or issuance of a commercial

learner permit or a Class A, B or C driver license; or

9. Failure to submit to skills or knowledge reexamination, or

both, for the purpose of issuance of a commercial learner permit or

a Class A, B or C driver license within thirty (30) days of receipt

of notification from the Department.

C. Service Oklahoma shall disqualify any person from operating

a Class A, B or C commercial motor vehicle for a period of not less

than three (3) years upon receiving a record of conviction of any of

the disqualifying offenses described in subsection B of this

section, committed in connection with the operation of a motor

vehicle which is required to be placarded for hazardous materials

under 49 C.F.R., Part 172, subpart F, when the conviction has become

final.

D. Service Oklahoma shall disqualify any person from operating

a Class A, B or C commercial motor vehicle for life upon receiving a

record of conviction in any court of any of the disqualifying

offenses described in subsection B of this section after a former

conviction of any of the following disqualifying offenses, when the

second conviction has become final.

Service Oklahoma may promulgate rules establishing conditions

under which a disqualification for life pursuant to the provisions

of this subsection may be reduced to a period of not less than ten

(10) years provided a previous lifetime disqualification has not

been reduced.

E. Service Oklahoma shall disqualify any person from operating

a Class A, B or C commercial motor vehicle for life upon receiving a

record of conviction for any felony related to the manufacture,

distribution or dispensation of a controlled dangerous substance in

the commission of which a Class A, B or C commercial motor vehicle

is used, or if the person is the holder of a commercial driver

license, committing the offense while operating any vehicle, when

the conviction has become final, or for a felony conviction of human

trafficking while operating a commercial motor vehicle, when the

conviction has become final.

F. Service Oklahoma shall disqualify any person from operating

a Class A, B or C commercial motor vehicle for sixty (60) days upon

receiving a record of a second conviction of the person for a

serious traffic offense arising out of separate transactions or

occurrences within a three-year period, when the convictions have

become final. Service Oklahoma shall disqualify any person from

operating a Class A, B or C commercial motor vehicle for one hundred

twenty (120) days upon receiving a record of a third conviction of a

person for a serious traffic offense arising out of separate

transactions or occurrences within a three-year period, when the

convictions have become final; provided, the one-hundred-twenty-day

period shall run in addition to and shall not run concurrently with

Oklahoma Statutes - Title 47. Motor Vehicles Page 374

any other period disqualification imposed pursuant to this

subsection. As used in this subsection, “serious traffic offense”

shall mean any of the following offenses committed while operating a

commercial motor vehicle:

1. Speeding fifteen (15) miles per hour or more over the limit;

2. Reckless driving;

3. Any traffic offense committed that results in or in

conjunction with a motor vehicle collision resulting in a fatality;

4. Erratic or unsafe lane changes;

5. Following too closely;

6. Failure to obtain a commercial driver license;

7. Failure to have in possession of the person a commercial

driver license;

8. Failure to have:

a. the proper class of commercial driver license for the

class of vehicle being operated,

b. the proper endorsement or endorsements for the type of

vehicle being operated, including, but not limited to,

passengers or type of cargo being transported, or

c. both proper class and proper endorsement, as provided

in subparagraphs a and b of this paragraph;
l

driver license;

8. Failure to have:

a. the proper class of commercial driver license for the

class of vehicle being operated,

b. the proper endorsement or endorsements for the type of

vehicle being operated, including, but not limited to,

passengers or type of cargo being transported, or

c. both proper class and proper endorsement, as provided

in subparagraphs a and b of this paragraph;

9. Operating a commercial motor vehicle while using a cellular

telephone or electronic communication device to write, send or read

a text-based communication; or

10. Operating a commercial motor vehicle while using a hand-

held mobile telephone.

For the purposes of paragraphs 9 and 10 of this subsection,

operating a commercial motor vehicle and using an electronic

communication device or a hand-held mobile telephone is permissible

by the operator when necessary to communicate with law enforcement

officials or other emergency services. Further, for the purposes of

paragraphs 9 and 10 of this subsection, “operate” means operating on

a street or highway including while temporarily stationary because

of traffic, a traffic control device or other momentary delays.

Operating does not include when the driver of a commercial motor

vehicle has moved the vehicle to the side of or off a street or

highway and has halted in a location where the vehicle can safely

remain stationary.

G. Upon the receipt of a person’s record of conviction of

violating a lawful out-of-service order, when the conviction becomes

final Service Oklahoma shall disqualify the driving privilege of the

person as follows:

1. For a first conviction for violating an out-of-service

order:

a. except as provided in subparagraph b of this

paragraph, the period of disqualification shall be for

one hundred eighty (180) days, or

Oklahoma Statutes - Title 47. Motor Vehicles Page 375

b. while transporting hazardous materials required to be

placarded under the Hazardous Materials Transportation

Act, 49 U.S.C.A. Section 5103 et seq., or while

operating a motor vehicle designed for transport of

sixteen (16) or more passengers, including the driver,

the period of disqualification shall be for one (1)

year;

2. For a second conviction within ten (10) years for violating

an out-of-service order:

a. except as provided in subparagraph b of this

paragraph, the period of disqualification shall be for

two (2) years, or

b. while transporting hazardous materials required to be

placarded under the Hazardous Materials Transportation

Act, 49 U.S.C.A. Section 5103 et seq., or while

operating a motor vehicle designed for transport of

sixteen (16) or more passengers, including the driver,

the period of disqualification shall be for three (3)

years; and

3. For a third or subsequent conviction within ten (10) years

for violating an out-of-service order, the period of

disqualification shall be for three (3) years.

H. Upon determination by Service Oklahoma that fraudulent

information was used to apply for or obtain a Class A, B or C driver

license, Service Oklahoma shall disqualify the driving privilege of

the applicant or licensee for a period of sixty (60) days.

I. Any person who drives a Class A, B or C commercial motor

vehicle on any public roads, streets, highways, turnpikes or any

other public place of this state at a time when the person has been

disqualified or when the privilege to do so is canceled, denied,

suspended or revoked shall be guilty of a misdemeanor and upon

conviction shall be punished by a fine of not less than One Hundred

Dollars ($100.00) and not more than Five Hundred Dollars ($500.00),

or by imprisonment for not more than one (1) year, or by both such

fine and imprisonment. Each act of driving as prohibited shall

constitute a separate offense.

J. Upon the receipt of the record of a conviction of a person

of a railroad highway grade crossing offense in a commercial motor
a fine of not less than One Hundred

Dollars ($100.00) and not more than Five Hundred Dollars ($500.00),

or by imprisonment for not more than one (1) year, or by both such

fine and imprisonment. Each act of driving as prohibited shall

constitute a separate offense.

J. Upon the receipt of the record of a conviction of a person

of a railroad highway grade crossing offense in a commercial motor

vehicle, pursuant to Sections 11-701 or 11-702 of this title or

Section 11-1115 of this title, or upon receipt of an equivalent

conviction from any state, when the conviction becomes final,

Service Oklahoma shall disqualify the driving privileges of the

person convicted as follows:

1. The first conviction shall result in disqualification for

sixty (60) days;

2. The second conviction within three (3) years shall result in

disqualification for one hundred twenty (120) days; and

Oklahoma Statutes - Title 47. Motor Vehicles Page 376

3. The third or subsequent conviction within three (3) years

shall result in disqualification for one (1) year.

K. Service Oklahoma, upon receipt of a written notice of

immediate disqualification issued by the Federal Motor Carrier

Safety Administration under 49 CFR 383.52, shall immediately

disqualify the person’s commercial driving privilege for the period

of time specified on the written notice.

L. The periods of disqualification as defined by this section

shall not be modified. A person may not be granted driving

privileges to operate a Class A, B or C commercial vehicle until the

disqualification is reinstated.

M. When any record of conviction, as specified in this section,

is received by the Department and pertains to a nonresident operator

of a Class A, B or C commercial motor vehicle, or if the nonresident

operator is the holder of a commercial driver license, a record of

the conviction pertaining to the nonresident operator of any

vehicle, Service Oklahoma shall not disqualify the person and shall

report the conviction to the licensing jurisdiction in which the

license of the nonresident to operate the commercial vehicle was

issued.

N. Any person who is disqualified from driving under the

provisions of this section shall have the right of appeal, as

provided in Section 6-211 of this title.