Empathy List Archives

MB

Michael Beason

Thu, Dec 12, 2019 7:42 PM

Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico.

I know this may be an odd for this listserve but I am also the muni prosecutor in my town.

Thanks.

Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico. I know this may be an odd for this listserve but I am also the muni prosecutor in my town. Thanks.

RD

Roy D. Tucker

Thu, Dec 12, 2019 7:47 PM

47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country.

Recently, a similar question was posed to us, but involved an "International Driver's License" Here was my analysis, because that may be the next question you're asked.

47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country. No mention of an International Driver's License or International Driver's Permit appears in Oklahoma law. Rather, only a driver's license issued by an operator's home Country is valid. For Mexico, the federal government does not issue driver's licenses, only the individual Mexican States do. What this means is for a Mexican National to operate a motor vehicle in Oklahoma, he or she must have a driver's licenses issued by his home Mexican State, i.e. Chihuahua, Jalisco, Baja California Sur, Oaxaca, Quintana Roo, etc.

The 1943 Convention on the Regulation of Inter-American Automotive Traffic to which both the United States and Mexico are signatories provides that: "Every motor vehicle operator before admission to international traffic shall have such driving license as may be required by the laws of the State [Country] or such as may be issued by an political subdivision thereof having legal authority to issue driving licenses. In the event that no such driving license is required by his State [Country] or any political subdivision thereof, a special international driving license...shall be valid." Since all Mexican States offer driving licenses, the International Driving License would not satisfy the requirement of this treaty. Only a Driver's License issued by a Mexican State would permit a driver to operate a motor vehicle. This matches Oklahoma law.

There have been two additional treaties, the Geneva Convention on Road Traffic and the Vienna Convention on Road Traffic, which reference an International Driving Permit, but neither have both the United State and Mexico as signatories.

From what I can glean from my research, the only purpose an International Driving Permit or Driving License provides is a translation of a valid issued driver's license from an operator's home country into multiple languages.

Roy D. Tucker
City Attorney
City of Muskogee
229 W. Okmulgee
Muskogee, Oklahoma 74401
(918) 684-6276: Telephone
(918) 684-6277: Facsimile
rtucker@muskogeeonline.org

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael Beason
Sent: Thursday, December 12, 2019 1:42 PM
To: oama@lists.imla.org
Subject: [Oama] Mexican Driver's License

Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico.

I know this may be an odd for this listserve but I am also the muni prosecutor in my town.

Thanks.

47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country. Recently, a similar question was posed to us, but involved an "International Driver's License" Here was my analysis, because that may be the next question you're asked. 47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country. No mention of an International Driver's License or International Driver's Permit appears in Oklahoma law. Rather, only a driver's license issued by an operator's home Country is valid. For Mexico, the federal government does not issue driver's licenses, only the individual Mexican States do. What this means is for a Mexican National to operate a motor vehicle in Oklahoma, he or she must have a driver's licenses issued by his home Mexican State, i.e. Chihuahua, Jalisco, Baja California Sur, Oaxaca, Quintana Roo, etc. The 1943 Convention on the Regulation of Inter-American Automotive Traffic to which both the United States and Mexico are signatories provides that: "Every motor vehicle operator before admission to international traffic shall have such driving license as may be required by the laws of the State [Country] or such as may be issued by an political subdivision thereof having legal authority to issue driving licenses. In the event that no such driving license is required by his State [Country] or any political subdivision thereof, a special international driving license...shall be valid." Since all Mexican States offer driving licenses, the International Driving License would not satisfy the requirement of this treaty. Only a Driver's License issued by a Mexican State would permit a driver to operate a motor vehicle. This matches Oklahoma law. There have been two additional treaties, the Geneva Convention on Road Traffic and the Vienna Convention on Road Traffic, which reference an International Driving Permit, but neither have both the United State and Mexico as signatories. >From what I can glean from my research, the only purpose an International Driving Permit or Driving License provides is a translation of a valid issued driver's license from an operator's home country into multiple languages. Roy D. Tucker City Attorney City of Muskogee 229 W. Okmulgee Muskogee, Oklahoma 74401 (918) 684-6276: Telephone (918) 684-6277: Facsimile rtucker@muskogeeonline.org From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael Beason Sent: Thursday, December 12, 2019 1:42 PM To: oama@lists.imla.org Subject: [Oama] Mexican Driver's License Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico. I know this may be an odd for this listserve but I am also the muni prosecutor in my town. Thanks.

LP

Lowell Peterson

Thu, Dec 12, 2019 7:48 PM

I may be corrected by sharper legal minds than mine, but this has come up in my court as well. My spontaneous and very limited research has indicated to me that Oklahoma will not accept the validity of a Mexico driver license.

Respectfully,

Lowell Peterson
City Attorney/Prosecutor
City of Glenpool
918-805-4090

-------- Original message --------
From: Michael Beason mbeason@altusok.gov
Date: 12/12/19 1:43 PM (GMT-06:00)
To: oama@lists.imla.org
Subject: [Oama] Mexican Driver's License

Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico.

I know this may be an odd for this listserve but I am also the muni prosecutor in my town.

Thanks.

I may be corrected by sharper legal minds than mine, but this has come up in my court as well. My spontaneous and very limited research has indicated to me that Oklahoma will not accept the validity of a Mexico driver license. Respectfully, Lowell Peterson City Attorney/Prosecutor City of Glenpool 918-805-4090 -------- Original message -------- From: Michael Beason <mbeason@altusok.gov> Date: 12/12/19 1:43 PM (GMT-06:00) To: oama@lists.imla.org Subject: [Oama] Mexican Driver's License Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico. I know this may be an odd for this listserve but I am also the muni prosecutor in my town. Thanks.

RT

Robert Thompson

Thu, Dec 12, 2019 7:52 PM

I agree. The excepting would be if the driver is now residing in Oklahoma, is now required to get Oklahoma license.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Oama oama-bounces@lists.imla.org On Behalf Of Roy D. Tucker
Sent: Thursday, December 12, 2019 1:48 PM
To: Michael Beason mbeason@altusok.gov; oama@lists.imla.org
Subject: Re: [Oama] Mexican Driver's License

47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country.

Recently, a similar question was posed to us, but involved an "International Driver's License" Here was my analysis, because that may be the next question you're asked.

47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country. No mention of an International Driver's License or International Driver's Permit appears in Oklahoma law. Rather, only a driver's license issued by an operator's home Country is valid. For Mexico, the federal government does not issue driver's licenses, only the individual Mexican States do. What this means is for a Mexican National to operate a motor vehicle in Oklahoma, he or she must have a driver's licenses issued by his home Mexican State, i.e. Chihuahua, Jalisco, Baja California Sur, Oaxaca, Quintana Roo, etc.

The 1943 Convention on the Regulation of Inter-American Automotive Traffic to which both the United States and Mexico are signatories provides that: "Every motor vehicle operator before admission to international traffic shall have such driving license as may be required by the laws of the State [Country] or such as may be issued by an political subdivision thereof having legal authority to issue driving licenses. In the event that no such driving license is required by his State [Country] or any political subdivision thereof, a special international driving license...shall be valid." Since all Mexican States offer driving licenses, the International Driving License would not satisfy the requirement of this treaty. Only a Driver's License issued by a Mexican State would permit a driver to operate a motor vehicle. This matches Oklahoma law.

There have been two additional treaties, the Geneva Convention on Road Traffic and the Vienna Convention on Road Traffic, which reference an International Driving Permit, but neither have both the United State and Mexico as signatories.

From what I can glean from my research, the only purpose an International Driving Permit or Driving License provides is a translation of a valid issued driver's license from an operator's home country into multiple languages.

Roy D. Tucker
City Attorney
City of Muskogee
229 W. Okmulgee
Muskogee, Oklahoma 74401
(918) 684-6276: Telephone
(918) 684-6277: Facsimile
rtucker@muskogeeonline.org mailto:rtucker@muskogeeonline.org

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael Beason
Sent: Thursday, December 12, 2019 1:42 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Mexican Driver's License

Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico.

I know this may be an odd for this listserve but I am also the muni prosecutor in my town.

Thanks.

I agree. The excepting would be if the driver is now residing in Oklahoma, is now required to get Oklahoma license. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Oama <oama-bounces@lists.imla.org> On Behalf Of Roy D. Tucker Sent: Thursday, December 12, 2019 1:48 PM To: Michael Beason <mbeason@altusok.gov>; oama@lists.imla.org Subject: Re: [Oama] Mexican Driver's License 47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country. Recently, a similar question was posed to us, but involved an "International Driver's License" Here was my analysis, because that may be the next question you're asked. 47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country. No mention of an International Driver's License or International Driver's Permit appears in Oklahoma law. Rather, only a driver's license issued by an operator's home Country is valid. For Mexico, the federal government does not issue driver's licenses, only the individual Mexican States do. What this means is for a Mexican National to operate a motor vehicle in Oklahoma, he or she must have a driver's licenses issued by his home Mexican State, i.e. Chihuahua, Jalisco, Baja California Sur, Oaxaca, Quintana Roo, etc. The 1943 Convention on the Regulation of Inter-American Automotive Traffic to which both the United States and Mexico are signatories provides that: "Every motor vehicle operator before admission to international traffic shall have such driving license as may be required by the laws of the State [Country] or such as may be issued by an political subdivision thereof having legal authority to issue driving licenses. In the event that no such driving license is required by his State [Country] or any political subdivision thereof, a special international driving license...shall be valid." Since all Mexican States offer driving licenses, the International Driving License would not satisfy the requirement of this treaty. Only a Driver's License issued by a Mexican State would permit a driver to operate a motor vehicle. This matches Oklahoma law. There have been two additional treaties, the Geneva Convention on Road Traffic and the Vienna Convention on Road Traffic, which reference an International Driving Permit, but neither have both the United State and Mexico as signatories. >From what I can glean from my research, the only purpose an International Driving Permit or Driving License provides is a translation of a valid issued driver's license from an operator's home country into multiple languages. Roy D. Tucker City Attorney City of Muskogee 229 W. Okmulgee Muskogee, Oklahoma 74401 (918) 684-6276: Telephone (918) 684-6277: Facsimile rtucker@muskogeeonline.org<mailto:rtucker@muskogeeonline.org> From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael Beason Sent: Thursday, December 12, 2019 1:42 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Mexican Driver's License Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico. I know this may be an odd for this listserve but I am also the muni prosecutor in my town. Thanks.

LP

Lowell Peterson

Thu, Dec 12, 2019 8:19 PM

Well I guess this put me in my place! I may have to inform my judge to reverse a few of his decisions.
Respectfully,

Lowell Peterson
City Attorney/Prosecutor
City of Glenpool
918-805-4090

-------- Original message --------
From: Robert Thompson rthompson@cheekfalcone.com
Date: 12/12/19 1:52 PM (GMT-06:00)
To: "Roy D. Tucker" RTucker@muskogeeonline.org, Michael Beason mbeason@altusok.gov, oama@lists.imla.org
Subject: Re: [Oama] Mexican Driver's License

I agree. The excepting would be if the driver is now residing in Oklahoma, is now required to get Oklahoma license.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Oama oama-bounces@lists.imla.org On Behalf Of Roy D. Tucker
Sent: Thursday, December 12, 2019 1:48 PM
To: Michael Beason mbeason@altusok.gov; oama@lists.imla.org
Subject: Re: [Oama] Mexican Driver's License

47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver’s license issued by a home state or country.

Recently, a similar question was posed to us, but involved an “International Driver’s License” Here was my analysis, because that may be the next question you’re asked.

47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver’s license issued by a home state or country. No mention of an International Driver’s License or International Driver’s Permit appears in Oklahoma law. Rather, only a driver’s license issued by an operator’s home Country is valid. For Mexico, the federal government does not issue driver’s licenses, only the individual Mexican States do. What this means is for a Mexican National to operate a motor vehicle in Oklahoma, he or she must have a driver’s licenses issued by his home Mexican State, i.e. Chihuahua, Jalisco, Baja California Sur, Oaxaca, Quintana Roo, etc.

The 1943 Convention on the Regulation of Inter-American Automotive Traffic to which both the United States and Mexico are signatories provides that: “Every motor vehicle operator before admission to international traffic shall have such driving license as may be required by the laws of the State [Country] or such as may be issued by an political subdivision thereof having legal authority to issue driving licenses. In the event that no such driving license is required by his State [Country] or any political subdivision thereof, a special international driving license…shall be valid.” Since all Mexican States offer driving licenses, the International Driving License would not satisfy the requirement of this treaty. Only a Driver’s License issued by a Mexican State would permit a driver to operate a motor vehicle. This matches Oklahoma law.

There have been two additional treaties, the Geneva Convention on Road Traffic and the Vienna Convention on Road Traffic, which reference an International Driving Permit, but neither have both the United State and Mexico as signatories.

From what I can glean from my research, the only purpose an International Driving Permit or Driving License provides is a translation of a valid issued driver’s license from an operator’s home country into multiple languages.

Roy D. Tucker
City Attorney
City of Muskogee
229 W. Okmulgee
Muskogee, Oklahoma 74401
(918) 684-6276: Telephone
(918) 684-6277: Facsimile
rtucker@muskogeeonline.org mailto:rtucker@muskogeeonline.org

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael Beason
Sent: Thursday, December 12, 2019 1:42 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Mexican Driver's License

Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico.

I know this may be an odd for this listserve but I am also the muni prosecutor in my town.

Thanks.

Well I guess this put me in my place! I may have to inform my judge to reverse a few of his decisions. Respectfully, Lowell Peterson City Attorney/Prosecutor City of Glenpool 918-805-4090 -------- Original message -------- From: Robert Thompson <rthompson@cheekfalcone.com> Date: 12/12/19 1:52 PM (GMT-06:00) To: "Roy D. Tucker" <RTucker@muskogeeonline.org>, Michael Beason <mbeason@altusok.gov>, oama@lists.imla.org Subject: Re: [Oama] Mexican Driver's License I agree. The excepting would be if the driver is now residing in Oklahoma, is now required to get Oklahoma license. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Oama <oama-bounces@lists.imla.org> On Behalf Of Roy D. Tucker Sent: Thursday, December 12, 2019 1:48 PM To: Michael Beason <mbeason@altusok.gov>; oama@lists.imla.org Subject: Re: [Oama] Mexican Driver's License 47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver’s license issued by a home state or country. Recently, a similar question was posed to us, but involved an “International Driver’s License” Here was my analysis, because that may be the next question you’re asked. 47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver’s license issued by a home state or country. No mention of an International Driver’s License or International Driver’s Permit appears in Oklahoma law. Rather, only a driver’s license issued by an operator’s home Country is valid. For Mexico, the federal government does not issue driver’s licenses, only the individual Mexican States do. What this means is for a Mexican National to operate a motor vehicle in Oklahoma, he or she must have a driver’s licenses issued by his home Mexican State, i.e. Chihuahua, Jalisco, Baja California Sur, Oaxaca, Quintana Roo, etc. The 1943 Convention on the Regulation of Inter-American Automotive Traffic to which both the United States and Mexico are signatories provides that: “Every motor vehicle operator before admission to international traffic shall have such driving license as may be required by the laws of the State [Country] or such as may be issued by an political subdivision thereof having legal authority to issue driving licenses. In the event that no such driving license is required by his State [Country] or any political subdivision thereof, a special international driving license…shall be valid.” Since all Mexican States offer driving licenses, the International Driving License would not satisfy the requirement of this treaty. Only a Driver’s License issued by a Mexican State would permit a driver to operate a motor vehicle. This matches Oklahoma law. There have been two additional treaties, the Geneva Convention on Road Traffic and the Vienna Convention on Road Traffic, which reference an International Driving Permit, but neither have both the United State and Mexico as signatories. >From what I can glean from my research, the only purpose an International Driving Permit or Driving License provides is a translation of a valid issued driver’s license from an operator’s home country into multiple languages. Roy D. Tucker City Attorney City of Muskogee 229 W. Okmulgee Muskogee, Oklahoma 74401 (918) 684-6276: Telephone (918) 684-6277: Facsimile rtucker@muskogeeonline.org<mailto:rtucker@muskogeeonline.org> From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael Beason Sent: Thursday, December 12, 2019 1:42 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Mexican Driver's License Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico. I know this may be an odd for this listserve but I am also the muni prosecutor in my town. Thanks.

MB

Michael Beason

Thu, Dec 12, 2019 8:24 PM

Isn't the driver also required to obtain an OK DL if he/she accepts employment in OK?

From: Lowell Peterson [mailto:lpeterson@cityofglenpool.com]
Sent: Thursday, December 12, 2019 2:20 PM
To: Robert Thompson rthompson@cheekfalcone.com; Roy D. Tucker RTucker@muskogeeonline.org; Michael Beason mbeason@altusok.gov; oama@lists.imla.org
Subject: RE: [Oama] Mexican Driver's License

Well I guess this put me in my place! I may have to inform my judge to reverse a few of his decisions.
Respectfully,

Lowell Peterson
City Attorney/Prosecutor
City of Glenpool
918-805-4090

-------- Original message --------
From: Robert Thompson <rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com>
Date: 12/12/19 1:52 PM (GMT-06:00)
To: "Roy D. Tucker" <RTucker@muskogeeonline.org mailto:RTucker@muskogeeonline.org>, Michael Beason <mbeason@altusok.gov mailto:mbeason@altusok.gov>, oama@lists.imla.org mailto:oama@lists.imla.org
Subject: Re: [Oama] Mexican Driver's License

I agree. The excepting would be if the driver is now residing in Oklahoma, is now required to get Oklahoma license.

Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.com mailto:rthompson@cheekfalcone.com

CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/

From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org> On Behalf Of Roy D. Tucker
Sent: Thursday, December 12, 2019 1:48 PM
To: Michael Beason <mbeason@altusok.gov mailto:mbeason@altusok.gov>; oama@lists.imla.org mailto:oama@lists.imla.org
Subject: Re: [Oama] Mexican Driver's License

47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country.

Recently, a similar question was posed to us, but involved an "International Driver's License" Here was my analysis, because that may be the next question you're asked.

47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country. No mention of an International Driver's License or International Driver's Permit appears in Oklahoma law. Rather, only a driver's license issued by an operator's home Country is valid. For Mexico, the federal government does not issue driver's licenses, only the individual Mexican States do. What this means is for a Mexican National to operate a motor vehicle in Oklahoma, he or she must have a driver's licenses issued by his home Mexican State, i.e. Chihuahua, Jalisco, Baja California Sur, Oaxaca, Quintana Roo, etc.

The 1943 Convention on the Regulation of Inter-American Automotive Traffic to which both the United States and Mexico are signatories provides that: "Every motor vehicle operator before admission to international traffic shall have such driving license as may be required by the laws of the State [Country] or such as may be issued by an political subdivision thereof having legal authority to issue driving licenses. In the event that no such driving license is required by his State [Country] or any political subdivision thereof, a special international driving license...shall be valid." Since all Mexican States offer driving licenses, the International Driving License would not satisfy the requirement of this treaty. Only a Driver's License issued by a Mexican State would permit a driver to operate a motor vehicle. This matches Oklahoma law.

There have been two additional treaties, the Geneva Convention on Road Traffic and the Vienna Convention on Road Traffic, which reference an International Driving Permit, but neither have both the United State and Mexico as signatories.

From what I can glean from my research, the only purpose an International Driving Permit or Driving License provides is a translation of a valid issued driver's license from an operator's home country into multiple languages.

Roy D. Tucker
City Attorney
City of Muskogee
229 W. Okmulgee
Muskogee, Oklahoma 74401
(918) 684-6276: Telephone
(918) 684-6277: Facsimile
rtucker@muskogeeonline.org mailto:rtucker@muskogeeonline.org

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael Beason
Sent: Thursday, December 12, 2019 1:42 PM
To: oama@lists.imla.org mailto:oama@lists.imla.org
Subject: [Oama] Mexican Driver's License

Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico.

I know this may be an odd for this listserve but I am also the muni prosecutor in my town.

Thanks.

Isn't the driver also required to obtain an OK DL if he/she accepts employment in OK? From: Lowell Peterson [mailto:lpeterson@cityofglenpool.com] Sent: Thursday, December 12, 2019 2:20 PM To: Robert Thompson <rthompson@cheekfalcone.com>; Roy D. Tucker <RTucker@muskogeeonline.org>; Michael Beason <mbeason@altusok.gov>; oama@lists.imla.org Subject: RE: [Oama] Mexican Driver's License Well I guess this put me in my place! I may have to inform my judge to reverse a few of his decisions. Respectfully, Lowell Peterson City Attorney/Prosecutor City of Glenpool 918-805-4090 -------- Original message -------- From: Robert Thompson <rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com>> Date: 12/12/19 1:52 PM (GMT-06:00) To: "Roy D. Tucker" <RTucker@muskogeeonline.org<mailto:RTucker@muskogeeonline.org>>, Michael Beason <mbeason@altusok.gov<mailto:mbeason@altusok.gov>>, oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: Re: [Oama] Mexican Driver's License I agree. The excepting would be if the driver is now residing in Oklahoma, is now required to get Oklahoma license. Robert C. Thompson Cheek & Falcone, PLLC 6301 Waterford Blvd., Suite 320 Oklahoma City, Okla. 73118 direct telephone:405-286-9560 direct fax: 405-286-9680 Firm telephone: 405-286-9191 rthompson@cheekfalcone.com<mailto:rthompson@cheekfalcone.com> CONFIDENTIALITY NOTE: This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation. Visit us at our website http://www.cheekfalcone.com/ From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Roy D. Tucker Sent: Thursday, December 12, 2019 1:48 PM To: Michael Beason <mbeason@altusok.gov<mailto:mbeason@altusok.gov>>; oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: Re: [Oama] Mexican Driver's License 47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country. Recently, a similar question was posed to us, but involved an "International Driver's License" Here was my analysis, because that may be the next question you're asked. 47 O.S. Sec. 6-102(A)(1) allows a nonresident to operate a motor vehicle in Oklahoma if he or she has a valid driver's license issued by a home state or country. No mention of an International Driver's License or International Driver's Permit appears in Oklahoma law. Rather, only a driver's license issued by an operator's home Country is valid. For Mexico, the federal government does not issue driver's licenses, only the individual Mexican States do. What this means is for a Mexican National to operate a motor vehicle in Oklahoma, he or she must have a driver's licenses issued by his home Mexican State, i.e. Chihuahua, Jalisco, Baja California Sur, Oaxaca, Quintana Roo, etc. The 1943 Convention on the Regulation of Inter-American Automotive Traffic to which both the United States and Mexico are signatories provides that: "Every motor vehicle operator before admission to international traffic shall have such driving license as may be required by the laws of the State [Country] or such as may be issued by an political subdivision thereof having legal authority to issue driving licenses. In the event that no such driving license is required by his State [Country] or any political subdivision thereof, a special international driving license...shall be valid." Since all Mexican States offer driving licenses, the International Driving License would not satisfy the requirement of this treaty. Only a Driver's License issued by a Mexican State would permit a driver to operate a motor vehicle. This matches Oklahoma law. There have been two additional treaties, the Geneva Convention on Road Traffic and the Vienna Convention on Road Traffic, which reference an International Driving Permit, but neither have both the United State and Mexico as signatories. >From what I can glean from my research, the only purpose an International Driving Permit or Driving License provides is a translation of a valid issued driver's license from an operator's home country into multiple languages. Roy D. Tucker City Attorney City of Muskogee 229 W. Okmulgee Muskogee, Oklahoma 74401 (918) 684-6276: Telephone (918) 684-6277: Facsimile rtucker@muskogeeonline.org<mailto:rtucker@muskogeeonline.org> From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Michael Beason Sent: Thursday, December 12, 2019 1:42 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Mexican Driver's License Driver arrested for driving with no U.S. state license, including without limitation, Oklahoma. Claims a Mexican license. Issue: May a driver operate a motor vehicle with an alleged license issued by Mexico. I know this may be an odd for this listserve but I am also the muni prosecutor in my town. Thanks.