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