Oklahoma Administrative Code
Title 260 - Office of Management and Enterprise Services
Chapter 135 - Service Oklahoma
Subchapter 5 - Driver Licenses and Identification Cards
Part 1 - CLASS D DRIVER LICENSES AND IDENTIFICATION CARDS
Section 260:135-5-3 - Procedures for obtaining an initial driver license
Universal Citation: OK Admin Code 260:135-5-3
Current through Vol. 42, No. 1, September 16, 2024
(a) Application.
(1) Every applicant for an initial Oklahoma
driver license shall appear before a Driver License Examiner [47 O.S.
§6-110]. An application for a driver license must be completed either by
the applicant at the Driver License Examination Station or online, when an
electronic process is made available by Service Oklahoma, prior to the
commencement of the required examination. Each applicant must sign a
declaration under penalty of perjury that the information presented on the
application is true and correct, and the State must retain this declaration. An
applicant must sign a new declaration when presenting new source documents to
Service Oklahoma or certified licensed operator on subsequent visits. An
emergency contact name, address and phone number may be included on the
application. [See OAC
260:135-5-17 for more information
on emergency contact.]
(2) Upon
submitting a completed and approved application, providing proof of identity as
provided for in (b) of this Section and proof that the applicant is a United
States citizen, foreign national or a legal permanent resident alien [21 O.S.,
§ 1550.42(B)], or having valid documentary evidence of lawful presence in
the United States, and meeting all statutory requirements and successfully
completing every required examination, the applicant may, if paying with an
accepted credit card, be issued a temporary driver license by Service Oklahoma
after paying the required fees or proceed to a Certified Licensed Operator and
present the approved application form issued by the Driver License Examiner
along with the same identification presented to the examiner, and paying the
required fees, the applicant will be issued a temporary driver license. The
actual license will be mailed to the customer.
(3) For each individual applying for an
Oklahoma REAL ID Compliant or REAL ID Non-Compliant credential, the State must
take a retain a photograph of the applicant's face and collect and retain the
applicant's finger images, with or without the issuance of any type of Oklahoma
credential.
(4) A person who has
been declared to be a disabled veteran receiving compensation at the 100% rate
for a permanent disability shall receive an original, renewal, or replacement
driver license or identification card at no charge, upon presentation of one of
the following documents:
(A) proof of 100%
status from the U.S. Department of Veterans Affairs, or
(B) a tax-exempt card from the Oklahoma Tax
Commission showing exemption from state tax based upon 100% status.
(b) Required documents for a REAL ID Compliant Driver License.
(1)
Proof of identity. To
establish identity, the applicant must present at least one of the following
source documents:
(A) Valid, unexpired U.S.
passport.
(B) Original or certified
copy of the applicant's birth certificate filed with a State Office of Vital
Statistics or equivalent agency in the applicant's State of birth.
(C) Consular Report of Birth Abroad (CRBA)
issued by the U.S. Department of State, Form FS-240, DS-1350, or
FS-545.
(D) Valid, unexpired
Permanent Resident Card (Form I-551) issued by the United States Department of
Homeland Security (DHS) or United States Citizenship and Immigration Services
(USCIS).
(E) Unexpired employment
authorization document (EAD) issued by DHS, Form I-766 or Form I-88B.
(F) Unexpired foreign passport with a valid,
unexpired U.S. visa affixed accompanied by the approved I-94 form documenting
the applicant's most recent admittance into the United States. The following
documents of passport classifications shall be accepted for the purpose of
issuing a driver license or identification card:
(i) I-766 Employment Authorization
Card,
(ii) I-511 Resident
Alien/Permanent Resident Card [see (B)],
(iii) Temporary I-551,
(iv) A-1,
(v) A-2,
(vi) A-3,
(vii) DA,
(viii) E-1,
(ix) E-2,
(x) F-1, with Form I-20,
(xi) F-2, with Form I-20,
(xii) G-1,
(xiii) G-2,
(xiv) G-3,
(xv) G-4
(xvi) G-5,
(xvii) H-1A,
(xviii) H-2A,
(xix) H-1B,
(xx) H-2B,
(xxi) H-3
(xxii) H-4
(xxiii) I,
(xxiv) J-1, with IAP-66 or DS-2019,
(xxv) J-2 (dependent of J-1 holder, must be
accompanied by J-1 holder),
(xxvi)
K-3,
(xxvii) K-4,
(xxviii) L-1(a/b),
(xxix) L-2,
(xxx) M-1, with I-20,
(xxxi) M-2 (dependent of M-1 holder, must be
accompanied by M-1 holder),
(xxxii)
NATO-1,
(xxxiii) NATO-2,
(xxxiv) NATO-3,
(xxxv) NATO-4,
(xxxvi) NATO-5,
(xxxvii) NATO-6,
(xxxviii) NATO-7,
(xxxix) O-1
(xl) O-2
(xli) O-3
(xlii) P-1
(xliii) P-2
(xliv) P-3
(xlv) P-4
(xlvi) Q-1
(xlvii) R-1
(xlviii) R-2
(xlix) T-1
(l) T-2
(li) T-3
(lii) T-4
(liii) TC, with I-94 or letter form
I-797,
(liv) TN-1,
(lv) TN-2,
(lvi) TD,
(lvii) V-1,
(lviii) V-2,
(lix) V-3.
(G) Certificate of Naturalization issued by
DHS, Form N-550 or Form N-570.
(H)
Certificate of Citizenship, Form N-560 or Form N-561, issued by DHS.
(I) REAL ID Compliant driver's license or
identification card issued in compliance with the standards established by this
part.
(J) Such other documents as
DHS may designate by notice published in the Federal Register.
(2)
Name Change. If
an applicant wishes to establish a name other than the name that appears on the
source document (for example, through marriage, adoption, court order, or other
mechanism permitted by State law or regulation), the applicant must provide
evidence of the name change through the presentation of documents issued by a
court, governmental body, or other entity as determined by Service Oklahoma.
Service Oklahoma shall maintain copies of the documentation presented and
maintain a record of both the recorded name and the name on the source
documents as determined by Service Oklahoma. If immigration documents are
presented, the customer must provide proof of the updated name change with
USCIS or SAVE.
(3)
Proof of
Date of Birth. To establish date of birth, an individual must present at
least one document included in paragraph (1) of this section.
(4)
Proof of Social Security Number
(SSN). An applicant for a REAL ID Compliant driver license must present
his or her Social Security Administration account number. Service Oklahoma or a
Licensed Operator must verify the SSN with the Social Security Administration
(SSA). In the event of a non-match with SSA, Service Oklahoma shall not issue a
REAL ID Compliant driver license until the information is verified with
SSA.
(5)
Documents
demonstrating address of principal residence. To document the address of
principle residence, an applicant must present at least two documents of the
State's choice that include the individual's name and principal residence.
Acceptable documents to prove address of principal residence are:
(A) Copy of previous tax year's federal or
Oklahoma income tax return filing.
(B) Current and valid life insurance or
automobile liability policy or card with address.
(C) Installment loan contract from a bank or
other financial institution, not to include documents reflecting a cash advance
or signature loan.
(D) Current
Deed, mortgage, monthly mortgage statement, or a residential lease.
(E) Current homeowner's or renter's insurance
policy or statement.
(F)
Professional license issued by an Oklahoma governmental agency.
(G) Property tax bill or receipt dated within
the last 12 months.
(H) Sales tax
or business license.
(I) SSA
document with Oklahoma street address dated within the last 12
months.
(J) Transportation Security
Administration (TSA) letter.
(K)
Utility bill from an electric, telephone (home or cell), water, sewer, cable,
satellite, heating oil, or propane provider.
(L) Valid handgun permit.
(M) Certified copy of court order.
(N) Oklahoma Boat Title or
Registration.
(O) Current documents
issued by the US Military.
(P)
Oklahoma Motor Vehicle Title or Registration.
(Q) Government-issued Pilot
license.
(R) Public assistance
benefit card and correspondence dated within the last 12 months.
(S) W-2 wage or 1099 tax form from the
previous year.
(T) Oklahoma Voter
Registration Card.
(U) Tribal
vehicle titles or registration.
(V)
Oklahoma high school, college, university, or technology center transcript for
current school year or semester.
(W) Oklahoma Agriculture Exemption Permit
(farm tax permit).
(X)
Correspondence from an Oklahoma State agency with current address dated within
the last year.
(Y) If none of the
proofs listed in this subsection are available, any other documentation as
provided by the Driver License Examiner Supervisor or Director may be
substituted to establish the applicant's principal place of residence. The
Driver License Examiner shall list the approved alternative documentation on
the application form.
(6)
Evidence of lawful status in the United States. Service Oklahoma
may issue a REAL ID Compliant driver license only to an applicant who has
presented satisfactory evidence of lawful status.
(A) If the applicant presents one of the
documents listed under paragraph (b)(1), the verification of the applicant's
identity will also provide satisfactory evidence of lawful status.
(B) If the applicant presents one of the
identity documents listed under paragraph (b)(1) of this section, or the
issuing State's verification of the identity document(s) does not provide
satisfactory evidence of lawful status, the applicant must also present a
second document from documentation issued by DHS or other Federal agencies
demonstrating lawful status as determined by USCIS. All documents shall be
verified by the SAVE.
(c) Required identification for REAL ID Non-Compliant Driver License. Every applicant must provide documentation to show proof of identity [47 O.S. § 6-106(A)(3)], to include whether the applicant is a United States citizen, foreign national or a legal permanent resident alien [21 O.S. § 1550.42(B)], and proof of a full legal name and birth date beyond any reasonable doubt when applying for an initial Oklahoma driver license. Any document furnished must be either an original document or a certified copy of an original document issued by the proper authority; notarized documents will not be accepted. Any document presented shall be unexpired unless otherwise noted in this Section. Any document whose authenticity cannot be verified, or that has been or appears to have been duplicated, traced over, mutilated, defaced, tampered with, or altered in any manner or that cannot be read by the Driver License Examiner shall not be accepted or used for identification purposes. All identification documents must be approved by the Driver License Examiner before acceptance. The Driver License Examiner may, at his or her discretion, request additional identification documentation of the applicant.
(1)
Proof of identification for
original issuance to a United States citizen. The following shall be
presented by the applicant as proof of identification for a citizen of the
United States:
(A) The applicant's original or
certified birth certificate, as issued by the appropriate state agency from the
state of birth. The following documents are not acceptable:
(i) a hospital birth certificate or
record,
(ii) a birth registration,
or
(iii) an abstract of birth,
unless the abstract is issued on secure document paper and contains the
following statement: "I hereby certify that this abstract of birth facts has
been provided to this office by the Department of Health, Bureau of Vital
Statistics, from a document officially in its custody",
(B) A United States passport,
(C) For a United States citizen who is born
in another country, a certification issued by the United States Department of
State,
(D) For a naturalized
citizen of the United States, a Certificate of Naturalization issued by the
United States Citizenship and Immigration Service. The name of the document
must be the same as the name used by the applicant on the Oklahoma REAL ID
Compliant or REAL ID Non-Compliant credential, and for every person born in
another country and adopted as a minor child by a United States citizen parent,
a Certificate of Citizenship issued by the United States Citizenship and
Immigration Service,
(E) An
Oklahoma REAL ID Compliant or REAL ID Non-Compliant credential issued by
Service Oklahoma when legal presence has been noted in record on or after
November 1, 2007,
(F) A State of
Oklahoma identification card issued by Service Oklahoma when legal presence has
been noted in record on or after November 1, 2007, or
(G) If none of the forms of identification
listed in this Subsection are available, any other documentation as approved by
the Driver License Examiner Supervisor, Administrative Officer or Director. The
Driver License Examiner shall list the approved documentation on the
application form.
(2)
Proof of identification for renewal or replacement issuance to a United
State citizen. The following shall be presented by the applicant as
primary proof of identification for a citizen of the United States:
(A) Finger image comparison, if a finger
image is already on file with Service Oklahoma, or
(B) Any proof of identification listed in (1)
of this Section.
(3)
Proof of identification for original, renewal, or replacement issuance of
a foreign national or legal permanent resident alien. As proof of
identification and proof of lawful presence in the United States for a foreign
national or legal permanent resident alien, an applicant shall present, in
person, valid documentary evidence of one of the following:
(A) A passport issued by a country other than
the United States and I-94 card, when applicable. The name on the passport
shall be the same as the name used by the applicant on the driver license or
identification card. An I-94 card, which shall be accompanied by the
applicant's passport when applicable, shall not be considered a separate
identification document. The following documents or passport classifications
shall be accepted for the purpose of issuing a driver license or identification
card:
(i) I-766 Employment Authorization
Card,
(ii) I-551 Resident
Alien/Permanent Resident Card [see (B)],
(iii) Temporary I-551,
(iv) A-1,
(v) A-2,
(vi) A-3,
(vii) DA,
(viii) E-1,
(ix) E-2,
(x) F-1, with Form I-20,
(xi) F-2, with Form I-20,
(xii) G-1,
(xiii) G-2,
(xiv) G-3,
(xv) G-4,
(xvi) G-5,
(xvii) H-1A,
(xviii) H-2A,
(xix) H-1B,
(xx) H-2B,
(xxi) H-3,
(xxii) H-4,
(xxiii) I,
(xxiv) J-1, with IAP-66 or DS-2019,
(xxv) J-2 (dependent of J-1 holder, must be
accompanied by J-1 holder),
(xxvi)
K-3,
(xxvii) K-4,
(xxviii) L-1(a/b),
(xxix) L-2,
(xxx) M-1, with I-20,
(xxxi) M-2 (dependent of M-1 holder, must be
accompanied by M-1 holder),
(xxxii)
NATO-1,
(xxxiii) NATO-2,
(xxxiv) NATO-3,
(xxxv) NATO-4,
(xxxvi) NATO-5,
(xxxvii) NATO-6,
(xxxviii) NATO-7,
(xxxix) O-1
(xl) O-2
(xli) O-3
(xlii) P-1
(xliii) P-2
(xliv) P-3
(xlv) P-4
(xlvi) Q-1
(xlvii) R-1
(xlviii) R-2
(xlix) T-1
(l) T-2
(li) T-3
(lii) T-4
(liii) TC, with I-94 or letter form
I-797,
(liv) TN-1,
(lv) TN-2,
(lvi) TD,
(lvii) V-1,
(lviii) V-2,
(lix) V-3; or
(B) A permanent resident alien registration
card issued by the United States Citizenship and Immigration Service (USCIS)
which shall include the full, legal name, sex, and date of birth of the person
identified on the card. The full, legal name, sex, and date of birth on the
card shall be the full, legal name, sex, and date of birth used by the
applicant on the driver license or identification card. A permanent resident
alien registration card holder shall be allowed to renew his or her driver
license or identification card at a Service Oklahoma location, provided, no
changes are made to the full, legal name, sex, or date of birth. If, pursuant
to 8 C.F.R., Section
264.5, a permanent resident alien
registration card holder requests a name, sex, or date of birth change to his
or her driver license or identification card, the changes shall be made at a
driver license exam site with the applicant showing approved documentation
provided by USCIS verifying the changes; or
(C) If none of the forms of identification
listed in this Subsection are available, any other documentation as approved by
the Driver License Examiner Supervisor, Administrative Officer, or Director.
The Driver License Examiner shall list the approved documentation on the
application form.
(D) A pending
application for any of the above documents shall not satisfy the requirements
of this rule and shall not be acceptable for issuance of an original, renewal,
or replacement identification card or driver license. Provided this provision
shall not apply to the following:
(i) A
pending or approved application for asylum in the United States; or
(ii) A pending or approved application for
temporary protected status (TPS) in the United States; or
(iii) A pending application for adjustment of
status to legal permanent residence status or conditional resident
status.
(4)
Additional identification requirements. Service Oklahoma may
require additional identification documents:
(A) when Service Oklahoma is unable to
determine the reliability or validity of the identification document(s)
presented, or
(B) as provided in
OAC 260:135-5-16.
(d) Driver license numbers.
(1) Driver license numbers shall be assigned
by computer. Use of the applicant's SSN as the driver license number is
prohibited [47 O.S. § 6-106(B)]; provided, every applicant shall provide
Service Oklahoma with the Social Security number of the applicant [47 O.S.
§ 6-106(B)(12)], which shall be verified before a driver license shall be
issued to the applicant. Verification shall be accomplished using the Social
Security On-line Verification (SSOLV) system. Service Oklahoma shall refer any
applicant to the SSA whenever the SSN cannot be verified for the
applicant.
(2) Any licensee may
request to change his or her driver license number to any nine-digit number
which is not in use or has not been previously used by making a written request
to Service Oklahoma. Upon approval by Service Oklahoma, the licensee shall
obtain a replacement driver license from a licensed operator, and the licensee
shall pay the required fee for the replacement license [OAC
260:135-5-10]
.
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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