Oklahoma Administrative Code Title 595 - Department of Public Safety
Oklahoma Administrative Code Title 595 — Department of Public Safety
Overview
Title 595 of the Oklahoma Administrative Code governs the rules, regulations, and procedures administered by the Oklahoma Department of Public Safety (DPS). The DPS is responsible for a broad range of public safety functions, including driver licensing, vehicle registration, law enforcement (through the Oklahoma Highway Patrol), traffic regulation, and commercial vehicle enforcement.
The Department’s authority comes from the Oklahoma Department of Public Safety Act and related statutes, with Title 595 providing the administrative framework for implementing policies related to driver licensing, traffic safety, enforcement, and regulatory compliance.
Key Functions of Oklahoma DPS under Title 595
Driver Licensing and Regulation
Issuance, suspension, and revocation of driver licenses.
Testing standards (written, vision, and driving tests).
Commercial driver licensing (CDL) regulations.
Procedures for handling medical conditions affecting driving ability.
Administrative hearings for license suspension and revocation.
Vehicle Registration and Titles
Rules for registration and titling of motor vehicles.
Procedures for lien recordings and releases.
Vehicle inspection and safety compliance.
Law Enforcement and Traffic Safety
Authority and procedures for the Oklahoma Highway Patrol.
Regulations on traffic control devices, speed limits, and enforcement.
Enforcement of DUI and other traffic-related offenses.
Commercial Vehicle Enforcement
Rules for commercial vehicle operation, weight limits, permits.
Enforcement of hazardous materials transportation laws.
Detailed Breakdown of Select Areas in Title 595
1. Driver Licensing (OAC 595:10)
Applicants must pass knowledge, vision, and road tests, meeting standards set in these regulations.
Includes special provisions for minors, persons with disabilities, and military personnel.
Defines grounds for administrative suspension or revocation (e.g., DUI arrests, accumulating traffic violations).
Establishes the process for administrative hearings to contest suspensions.
2. Commercial Driver Licensing (OAC 595:30)
Implements Federal Motor Carrier Safety Administration (FMCSA) requirements for CDL issuance and renewal.
Includes drug and alcohol testing requirements.
Specifies medical certification and physical examination standards.
Outlines procedures for disqualification and reinstatement.
3. Vehicle Registration (OAC 595:20)
Procedures for initial registration and renewal.
Documentation requirements for proof of ownership.
Rules for specialty and personalized plates.
Guidelines for temporary permits.
4. Administrative Hearings (OAC 595:40)
Provides procedures for licensees to appeal suspensions or revocations.
Specifies timelines, notice requirements, hearing protocols, and decision appeals.
Includes provisions for informal hearings and formal administrative law proceedings.
Illustrative Case Law Examples (Oklahoma)
Case 1: Smith v. Oklahoma Department of Public Safety, 2003 OK CIV APP 67
Issue: Administrative license suspension following DUI arrest.
Facts:
Smith's driver’s license was suspended administratively after a DUI arrest under DPS rules. Smith requested a hearing alleging insufficient evidence.
Holding:
The court upheld the administrative suspension, emphasizing that DPS need only demonstrate probable cause for the arrest and evidence of refusal or intoxication, not proof beyond a reasonable doubt.
Significance:
Clarifies the lower burden of proof in administrative hearings versus criminal trials.
Case 2: Johnson v. Oklahoma DPS, 2011 OK 45
Issue: Due process in license revocation for medical reasons.
Facts:
Johnson’s license was revoked due to a medical condition that allegedly impaired driving ability. Johnson argued DPS did not provide adequate notice or opportunity for hearing.
Holding:
The Oklahoma Supreme Court ruled that DPS complied with statutory notice requirements and provided a meaningful opportunity for a hearing, satisfying due process.
Significance:
Confirms the adequacy of DPS administrative procedures for medical-related license actions under Title 595.
Case 3: Oklahoma Highway Patrol v. Hernandez, 2015 OK CIV APP 102
Issue: Traffic stop and evidence admissibility.
Facts:
Hernandez challenged evidence obtained during a traffic stop citing procedural violations under DPS regulations.
Holding:
The court found that the trooper’s actions complied with DPS and state law regulations, and evidence was admissible.
Significance:
Demonstrates DPS regulations’ role in guiding lawful enforcement and evidentiary standards.
Summary Table
| Regulatory Area | Description | Case Example |
|---|---|---|
| Driver Licensing | Testing, issuance, suspension, hearings | Smith v. DPS (DUI administrative suspension) |
| Commercial Licensing | CDL standards, drug testing, disqualifications | N/A (FMCSA compliance) |
| Vehicle Registration | Registration, titling, plate issuance | N/A (Administrative procedures) |
| Administrative Hearings | Appeals process for suspensions and revocations | Johnson v. DPS (Medical license revocation) |
| Law Enforcement | Traffic enforcement standards and procedures | OHP v. Hernandez (Traffic stop legality) |
Importance of Title 595
Provides a comprehensive regulatory framework ensuring driver and vehicle safety in Oklahoma.
Balances public safety concerns with individual rights through administrative hearing processes.
Aligns with federal standards, especially in commercial driver licensing.
Ensures lawful traffic enforcement by setting clear procedures for officers.
Supports the efficient and fair administration of driver licensing and vehicle registration.
Conclusion
The Oklahoma Administrative Code Title 595 plays a critical role in regulating the Department of Public Safety’s broad mandate over driver licensing, vehicle registration, and law enforcement activities in Oklahoma. It sets clear standards and procedures that protect public safety while offering due process protections to affected individuals.
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