As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 261 5
1997-1998 6
REPRESENTATIVES HOTTINGER-BATCHELDER-BUCHY-GARCIA-HOUSEHOLDER- 8
TIBERI-VAN VYVEN-MASON-METELSKY-TAVARES-OLMAN-STAPLETON-HAINES- 9
AMSTUTZ-CORBIN-CAREY-TERWILLEGER-HARRIS-MYERS-ROMAN-LEWIS-SAWYER- 10
OGG-KRUPINSKI 11
14
A B I L L
To amend sections 3937.18 and 4509.101 and to enact 16
section 4509.105 of the Revised Code to permit 17
occupational driving privileges for first-time 18
violators of the Financial Responsibility Law;
and to modify Ohio's Uninsured and Underinsured 19
Motorists Law by limiting the insured's right to 20
recover when the owner or operator of the
uninsured motor vehicle has an immunity, by 21
requiring independent corroborative evidence to
recover for injuries caused by an unidentified 22
motorist, and by making other modifications to 23
the scope of and coverage under the Uninsured and
Underinsured Motorists Law. 24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 3937.18 and 4509.101 be amended 28
and section 4509.105 of the Revised Code be enacted to read as 29
follows:
Sec. 3937.18. (A) No automobile liability or motor 38
vehicle liability policy of insurance insuring against loss 39
resulting from liability imposed by law for bodily injury or 40
death suffered by any person arising out of the ownership, 41
maintenance, or use of a motor vehicle shall be delivered or 42
issued for delivery in this state with respect to any motor 43
2
vehicle registered or principally garaged in this state unless 44
both of the following coverages are provided OFFERED to persons 45
insured under the policy for loss due to bodily injury or death 47
suffered by such persons INSUREDS: 48
(1) Uninsured motorist coverage, which shall be in an 50
amount of coverage equivalent to the automobile liability or 51
motor vehicle liability coverage and shall provide protection for 52
bodily injury, SICKNESS, or DISEASE, INCLUDING death under 54
provisions approved by the superintendent of insurance, for the 55
protection of persons insured INSUREDS thereunder who are legally 56
entitled to recover damages from owners or operators of uninsured 58
motor vehicles because of bodily injury, sickness, or disease, 59
including death, suffered by any person insured under the policy. 60
For purposes of division (A)(1) of this section, a person 62
AN INSURED is legally entitled to recover damages if he THE 64
INSURED is able to prove the elements of his THE INSURED'S claim 66
that are necessary to recover damages from the owner or operator 68
of the uninsured motor vehicle. The fact that the owner or 69
operator of the uninsured motor vehicle has an immunity, whether 70
based upon a statute or the common law, UNDER CHAPTER 2744. OF 71
THE REVISED CODE OR A DIPLOMATIC IMMUNITY that could be raised as 72
a defense in an action brought against him THE OWNER OR OPERATOR 74
by the person insured under uninsured motorist coverage does not 75
affect the insured person's INSURED'S right to recover under his 76
uninsured motorist coverage. HOWEVER, ANY OTHER TYPE OF 79
STATUTORY OR COMMON LAW IMMUNITY THAT MAY BE A DEFENSE FOR THE 80
OWNER OR OPERATOR OF AN UNINSURED MOTOR VEHICLE SHALL ALSO BE A 81
DEFENSE TO AN ACTION BROUGHT BY THE INSURED TO RECOVER UNDER 82
UNINSURED MOTORIST COVERAGE. 84
(2) Underinsured motorist coverage, which shall be in an 86
amount of coverage equivalent to the automobile liability or 87
motor vehicle liability coverage and shall provide protection for 88
an insured INSUREDS THEREUNDER against loss for bodily injury, 89
sickness, or disease, including death, suffered by any person 91
3
insured under the policy, where the limits of coverage available 92
for payment to the insured under all bodily injury liability 93
bonds and insurance policies covering persons liable to the 94
insured are less than the limits for the insured's uninsured 95
motorist coverage. Underinsured motorist coverage is not and 96
shall not be excess insurance to other applicable liability 97
coverages, and shall be provided only to afford the insured an 98
amount of protection not greater than that which would be 99
available under the insured's uninsured motorist coverage if the 100
person or persons liable were uninsured at the time of the 101
accident. The policy limits of the underinsured motorist 102
coverage shall be reduced by those amounts available for payment 103
under all applicable bodily injury liability bonds and insurance 104
policies covering persons liable to the insured. 105
(B) Coverages offered under division (A) of this section 107
shall be written for the same limits of liability. No change 108
shall be made in the limits of one of these coverages without an 109
equivalent change in the limits of the other coverage. 110
(C) The A named insured OR APPLICANT may only reject or 112
accept both coverages AS offered under division (A) of this 115
section. The named insured, OR may require the issuance of 117
ALTERNATIVELY SELECT BOTH such coverages for bodily injury or 120
death in accordance with a schedule of optional lesser amounts 121
LIMITS approved by the superintendent, that. THE SCHEDULE OF 122
LIMITS APPROVED BY THE SUPERINTENDENT MAY PERMIT A NAMED INSURED 123
OR APPLICANT TO SELECT UNINSURED AND UNDERINSURED MOTORISTS 124
COVERAGES WITH LIMITS ON SUCH COVERAGES THAT ARE LESS THAN THE 125
LIMIT ON LIABILITY COVERAGE PROVIDED BY THE AUTOMOBILE LIABILITY 126
OR MOTOR VEHICLE LIABILITY POLICY OF INSURANCE UNDER WHICH THE 127
COVERAGES ARE PROVIDED, BUT THE LIMITS shall be no less than the 129
limits set forth in section 4509.20 of the Revised Code for 130
bodily injury or death. Unless the A NAMED INSURED'S OR 131
APPLICANT'S REJECTION OF BOTH COVERAGES AS OFFERED UNDER DIVISION 132
(A) OF THIS SECTION, OR A NAMED INSURED'S OR APPLICANT'S 133
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SELECTION OF SUCH COVERAGES IN ACCORDANCE WITH THE SCHEDULE OF 134
LIMITS APPROVED BY THE SUPERINTENDENT, SHALL BE IN WRITING AND 135
SHALL BE SIGNED BY THE NAMED INSURED OR APPLICANT. A NAMED 136
INSURED'S OR APPLICANT'S WRITTEN, SIGNED REJECTION OF BOTH 137
COVERAGES AS OFFERED UNDER DIVISION (A) OF THIS SECTION, OR A 138
NAMED INSURED'S OR APPLICANT'S WRITTEN, SIGNED SELECTION OF SUCH 139
COVERAGES IN ACCORDANCE WITH THE SCHEDULE OF LIMITS APPROVED BY 140
THE SUPERINTENDENT, SHALL BE EFFECTIVE ON THE DAY SIGNED, SHALL 141
CREATE A PRESUMPTION OF AN OFFER OF COVERAGES CONSISTENT WITH 142
DIVISION (A) OF THIS SECTION, AND SHALL BE BINDING ON ALL OTHER 143
NAMED INSUREDS, INSUREDS, OR APPLICANTS. 144
UNLESS A named insured OR APPLICANT requests such coverages 149
in writing, such coverages need not be provided in or MADE 150
supplemental to a POLICY renewal OR REPLACEMENT policy where the 152
A named insured OR APPLICANT has rejected the SUCH coverages in 153
connection with a policy previously issued to him THE NAMED 155
INSURED OR APPLICANT by the same insurer. If the A named insured 156
OR APPLICANT has selected uninsured motorist coverage SUCH 158
COVERAGES in connection with a policy previously issued to him 159
THE NAMED INSURED OR APPLICANT by the same insurer, WITH LIMITS 160
IN ACCORDANCE WITH THE SCHEDULE OF LIMITS APPROVED BY THE 161
SUPERINTENDENT, such coverages offered under division (A) of this 162
section need not be provided WITH LIMITS in excess of the limits 163
of the liability previously issued for uninsured motorist 166
coverage SUCH COVERAGES, unless the A named insured OR APPLICANT 168
requests in writing higher limits of liability for such 169
coverages.
(D) For the purpose of this section, a motor vehicle is 171
SHALL BE DEEMED uninsured if the IN EITHER OF THE FOLLOWING 172
CIRCUMSTANCES: 173
(1) THE liability insurer denies coverage or is or becomes 176
the subject of insolvency proceedings in any jurisdiction; 177
(2) THE IDENTITY OF THE OWNER AND OPERATOR OF THE MOTOR 179
VEHICLE CANNOT BE DETERMINED, BUT INDEPENDENT CORROBORATIVE 180
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EVIDENCE EXISTS TO PROVE THAT THE BODILY INJURY, SICKNESS, 181
DISEASE, OR DEATH OF THE INSURED WAS PROXIMATELY CAUSED BY THE 182
NEGLIGENCE OR INTENTIONAL ACTIONS OF THE UNIDENTIFIED OPERATOR OF 183
THE MOTOR VEHICLE. FOR PURPOSES OF THIS DIVISION, THE TESTIMONY 184
OF ANY INSURED SEEKING RECOVERY FROM THE INSURER SHALL NOT 185
CONSTITUTE INDEPENDENT CORROBORATIVE EVIDENCE, UNLESS THE 186
TESTIMONY IS SUPPORTED BY ADDITIONAL EVIDENCE. 187
(E) In the event of payment to any person under the 189
coverages required by OFFERED UNDER this section and subject to 190
the terms and conditions of such coverages, the insurer making 193
such payment to the extent thereof is entitled to the proceeds of 194
any settlement or judgment resulting from the exercise of any 195
rights of recovery of such person against any person or 196
organization legally responsible for the bodily injury or death 197
for which such payment is made, including any amount recoverable 198
from an insurer which is or becomes the subject of insolvency 199
proceedings, through such proceedings or in any other lawful 200
manner. No insurer shall attempt to recover any amount against 201
the insured of an insurer which is or becomes the subject of 202
insolvency proceedings, to the extent of his THOSE rights against 203
such insurer which such insured assigns to the paying insurer. 204
(F) The coverages required by OFFERED UNDER this section 206
shall not be made subject to an exclusion or reduction in amount 208
because of any workers' compensation benefits payable as a result 209
of the same injury or death. 210
(G) Any automobile liability or motor vehicle liability 212
policy of insurance that includes coverages offered under 213
division (A) of this section OR SELECTED IN ACCORDANCE WITH 215
DIVISION (C) OF THIS SECTION may, without regard to any premiums 216
involved, include terms and conditions that preclude any and all 217
stacking of such coverages, including but not limited to: 218
(1) Interfamily stacking, which is the aggregating of the 220
limits of such coverages by the same person or two or more 221
persons, whether family members or not, who are not members of 222
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the same household; 223
(2) Intrafamily stacking, which is the aggregating of the 225
limits of such coverages purchased by the same person or two or 226
more family members of the same household. 227
(H) Any automobile liability or motor vehicle liability 229
policy of insurance that includes coverages offered under 230
division (A) of this section OR SELECTED IN ACCORDANCE WITH 232
DIVISION (C) OF THIS SECTION and that provides a limit of 233
coverage for payment for damages for bodily injury, including 234
death, sustained by any one person in any one automobile 235
accident, may, notwithstanding Chapter 2125. of the Revised Code, 236
include terms and conditions to the effect that all claims 237
resulting from or arising out of any one person's bodily injury, 238
including death, shall collectively be subject to the limit of 239
the policy applicable to bodily injury, including death, 240
sustained by one person, and, for the purpose of such policy 241
limit shall constitute a single claim. Any such policy limit 242
shall be enforceable regardless of the number of insureds, claims 243
made, vehicles or premiums shown in the declarations or policy, 244
or vehicles involved in the accident. 245
(I) Nothing in this section shall prohibit the inclusion 247
of underinsured motorist coverage in any uninsured motorist 248
coverage provided in compliance with this section. 249
(J) THE COVERAGES OFFERED UNDER DIVISION (A) OF THIS 251
SECTION OR SELECTED IN ACCORDANCE WITH DIVISION (C) OF THIS 252
SECTION MAY INCLUDE TERMS AND CONDITIONS THAT PRECLUDE COVERAGE 253
FOR BODILY INJURY OR DEATH SUFFERED BY AN INSURED UNDER ANY OF 254
THE FOLLOWING CIRCUMSTANCES:
(1) WHILE THE INSURED IS OPERATING OR OCCUPYING A MOTOR 256
VEHICLE OWNED BY, FURNISHED TO, OR AVAILABLE FOR THE REGULAR USE 257
OF A NAMED INSURED, A SPOUSE, OR A RESIDENT RELATIVE OF A NAMED 259
INSURED, IF THE MOTOR VEHICLE IS NOT SPECIFICALLY IDENTIFIED IN 260
THE POLICY UNDER WHICH A CLAIM IS MADE, OR IS NOT A NEWLY 261
ACQUIRED OR REPLACEMENT MOTOR VEHICLE COVERED UNDER THE TERMS OF 262
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THE POLICY UNDER WHICH THE UNINSURED AND UNDERINSURED MOTORIST 263
COVERAGES ARE PROVIDED;
(2) WHILE THE INSURED IS OPERATING OR OCCUPYING A MOTOR 265
VEHICLE WITHOUT A REASONABLE BELIEF THAT THE INSURED IS ENTITLED 266
TO DO SO, PROVIDED THAT UNDER NO CIRCUMSTANCES WILL AN INSURED 267
WHOSE LICENSE HAS BEEN SUSPENDED, REVOKED, OR NEVER ISSUED, BE 268
HELD TO HAVE A REASONABLE BELIEF THAT THE INSURED IS ENTITLED TO 269
OPERATE A MOTOR VEHICLE;
(3) WHEN THE BODILY INJURY OR DEATH IS CAUSED BY A MOTOR 271
VEHICLE OPERATED BY ANY PERSON WHO IS SPECIFICALLY EXCLUDED FROM 272
COVERAGE FOR BODILY INJURY LIABILITY IN THE POLICY UNDER WHICH 273
THE UNINSURED AND UNDERINSURED MOTORIST COVERAGES ARE PROVIDED. 274
(K) AS USED IN THIS SECTION, "UNINSURED MOTOR VEHICLE" AND 276
"UNDERINSURED MOTOR VEHICLE" DO NOT INCLUDE ANY OF THE FOLLOWING 278
MOTOR VEHICLES:
(1) A MOTOR VEHICLE THAT HAS APPLICABLE LIABILITY COVERAGE 281
IN THE POLICY UNDER WHICH THE UNINSURED AND UNDERINSURED MOTORIST 282
COVERAGES ARE PROVIDED; 283
(2) A MOTOR VEHICLE OWNED BY, FURNISHED TO, OR AVAILABLE 285
FOR THE REGULAR USE OF A NAMED INSURED, A SPOUSE, OR A RESIDENT 286
RELATIVE OF A NAMED INSURED; 287
(3) A MOTOR VEHICLE OWNED BY A POLITICAL SUBDIVISION, 289
UNLESS THE OPERATOR OF THE MOTOR VEHICLE HAS AN IMMUNITY UNDER 291
CHAPTER 2744. OF THE REVISED CODE THAT COULD BE RAISED AS A 292
DEFENSE IN AN ACTION BROUGHT AGAINST THE OPERATOR BY THE INSURED; 293
(4) A MOTOR VEHICLE SELF-INSURED WITHIN THE MEANING OF THE 295
FINANCIAL RESPONSIBILITY LAW OF THE STATE IN WHICH THE MOTOR 296
VEHICLE IS REGISTERED.
(L) AS USED IN THIS SECTION, "AUTOMOBILE LIABILITY OR 298
MOTOR VEHICLE LIABILITY POLICY OF INSURANCE" MEANS EITHER OF THE 299
FOLLOWING:
(1) ANY POLICY OF INSURANCE THAT SERVES AS PROOF OF 301
FINANCIAL RESPONSIBILITY, AS PROOF OF FINANCIAL RESPONSIBILITY IS 302
DEFINED BY DIVISION (K) OF SECTION 4509.01 OF THE REVISED CODE, 303
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FOR OWNERS OR OPERATORS OF THE MOTOR VEHICLES SPECIFICALLY 304
IDENTIFIED IN THE POLICY OF INSURANCE;
(2) ANY UMBRELLA LIABILITY POLICY OF INSURANCE. 306
Sec. 4509.101. (A)(1) No person shall operate, or permit 319
the operation of, a motor vehicle in this state, unless proof of 320
financial responsibility is maintained continuously throughout 321
the registration period with respect to that vehicle, or, in the 322
case of a driver who is not the owner, with respect to that 323
person's driver's operation of that vehicle. 325
(2) Whoever violates division (A)(1) of this section shall 327
be subject to the following civil penalties: 328
(a) Suspension of the person's operating privileges and 330
impoundment of the person's license until the person complies 331
with division (A)(5) of this section. The suspension shall be 332
for a period of not less than ninety days except that if, within 333
five years of the violation, the person's operating privileges 334
are again suspended and the person's license is impounded one or 336
more times for a violation of division (A)(1) of this section, 337
the suspension shall be for a period of not less than one year. 338
The EXCEPT AS PROVIDED BY SECTION 4509.105 OF THE REVISED CODE, 339
THE suspension is not subject to revocation, suspension, or 340
occupational or other limited operating privileges. 341
(b) In addition to the suspension of an owner's license 343
under division (A)(2)(a) of this section, the suspension of the 344
rights of the owner to register the motor vehicle and the 345
impoundment of the owner's certificate of registration and 346
license plates until the owner complies with division (A)(5) of 348
this section.
(3) A person to whom this state has issued a certificate 350
of registration for a motor vehicle or a license to operate a 351
motor vehicle or who is determined to have operated any motor 352
vehicle or permitted the operation in this state of a motor 353
vehicle owned by the person shall be required to verify the 354
existence of proof of financial responsibility covering the 355
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operation of the motor vehicle or the person's operation of the 356
motor vehicle under any of the following circumstances: 357
(a) The person or a motor vehicle owned by the person is 359
involved in a traffic accident that requires the filing of an 360
accident report under section 4509.06 of the Revised Code. 361
(b) The person receives a traffic ticket indicating that 363
proof of the maintenance of financial responsibility was not 364
produced upon the request of a peace officer or state highway 365
patrol trooper made in accordance with division (D)(2) of this 367
section.
(c) Whenever, in accordance with rules adopted by the 369
registrar, the person is randomly selected by the registrar and 370
requested to provide such verification. 371
(4) An order of the registrar that suspends and impounds a 374
license or registration, or both, shall state the date on or 375
before which the person is required to surrender the person's 376
license or certificate of registration and license plates. The 377
person is deemed to have surrendered the license or certificate 378
of registration and license plates, in compliance with the order, 380
if the person does either of the following:
(a) On or before the date specified in the order, 382
personally delivers the license or certificate of registration 383
and license plates, or causes the delivery of the items, to the 385
registrar;
(b) Mails the license or certificate of registration and 387
license plates to the registrar in an envelope or container 388
bearing a postmark showing a date no later than the date 390
specified in the order.
(5) The registrar shall not restore any operating 392
privileges or registration rights suspended under this section, 393
return any license, certificate of registration, or license 394
plates impounded under this section, or reissue license plates 395
under section 4503.232 of the Revised Code, if the registrar 396
destroyed the impounded license plates under that section, or 398
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reissue a license under section 4507.54 of the Revised Code, if 399
the registrar destroyed the suspended license under that section, 400
unless the rights are not subject to suspension or revocation 401
under any other law and unless the person, in addition to 402
complying with all other conditions required by law for
reinstatement of the operating privileges or registration rights, 403
complies with all of the following: 404
(a) Pays a financial responsibility reinstatement fee of 406
seventy-five dollars for the first violation of division (A)(1) 407
of this section, two hundred fifty dollars for a second violation 408
of that division, and five hundred dollars for a third or 409
subsequent violation of that division; 410
(b) If the person has not voluntarily surrendered the 412
license, certificate, or license plates in compliance with the 413
order, pays a financial responsibility nonvoluntary compliance 414
fee in an amount, not to exceed fifty dollars, determined by the 415
registrar;
(c) Files and continuously maintains proof of financial 417
responsibility under sections 4509.44 to 4509.65 of the Revised 418
Code. 419
(B)(1) shall the defendant's, shall license license 421
license the person's the person's license the person the person's 422
license the person the person's in shall license the person's 423
license the person's license, the person's the person's 424
certificate of license shall license may Every party required to
file an accident report under section 4509.06 of the Revised Code 425
also shall include with the report a document described in 426
division (G)(1) of this section. 427
If the registrar determines, within forty-five days after 429
the report is filed, that an operator or owner has violated 430
division (A)(1) of this section, the registrar shall do all of 431
the following: 432
(a) Order the impoundment, with respect to the motor 434
vehicle involved, required under division (A)(2)(b) of this 435
11
section, of the certificate of registration and license plates of 437
any owner who has violated division (A)(1) of this section; 438
(b) Order the suspension required under division (A)(2)(a) 440
of this section of the license of any operator or owner who has 441
violated division (A)(1) of this section; 442
(c) Record the name and address of the person whose 444
certificate of registration and license plates have been 445
impounded or are under an order of impoundment, or whose license 446
has been suspended or is under an order of suspension; the serial 447
number of the that person's license; the serial numbers of the 449
that person's certificate of registration and license plates; and 450
the person's social security account number, if assigned, or, 451
where the motor vehicle is used for hire or principally in 452
connection with any established business, the person's federal 453
taxpayer identification number. The information shall be 454
recorded in such a manner that it becomes a part of the person's 455
permanent record, and assists the registrar in monitoring 456
compliance with the orders of suspension or impoundment. 457
(d) Send written notification to every person to whom the 459
order pertains, at the person's last known address as shown on 460
the records of the bureau. The person, within ten days after the 462
date of the mailing of the notification, shall surrender to the 463
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates 464
under an order of impoundment, or any license under an order of 465
suspension. 466
(2) The registrar shall issue any order under division 468
(B)(1) of this section without a hearing. Any person adversely 470
affected by the order, within ten days after the issuance of the 472
order, may request an administrative hearing before the
registrar, who shall provide the person with an opportunity for a 473
hearing in accordance with this paragraph. A request for a 474
hearing does not operate as a suspension of the order. The scope 475
of the hearing shall be limited to whether the person in fact 476
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demonstrated to the registrar proof of financial responsibility 477
in accordance with this section. The registrar shall determine 478
the date, time, and place of any hearing, provided that the 479
hearing shall be held, and an order issued or findings made, 480
within thirty days after the registrar receives a request for a 481
hearing. If requested by the person in writing, the registrar 482
may designate as the place of hearing the county seat of the 483
county in which the person resides or a place within fifty miles 484
of the person's residence. The person shall pay the cost of the 485
hearing before the registrar, if the registrar's order of 486
suspension or impoundment is upheld. 487
(C) Any order of suspension or impoundment issued under 489
this section or division (B) of section 4509.37 of the Revised 490
Code may be terminated at any time if the registrar determines 491
upon a showing of proof of financial responsibility that the 492
operator or owner of the motor vehicle was in compliance with 493
division (A)(1) of this section at the time of the traffic 494
offense, motor vehicle inspection, or accident that resulted in 496
the order against the person. A determination may be made 497
without a hearing. This division does not apply unless the 498
person shows good cause for the person's failure to present 499
satisfactory proof of financial responsibility to the registrar 501
prior to the issuance of the order.
(D)(1) For the purpose of enforcing this section, every 503
peace officer is deemed an agent of the registrar. Any peace 504
officer who, in the performance of the peace officer's duties as 505
authorized by law, becomes aware of a person whose license is 507
under an order of suspension, or whose certificate of 508
registration and license plates are under an order of 509
impoundment, pursuant to this section, may confiscate the 510
license, certificate of registration, and license plates, and 511
return them to the registrar. 512
(2) A peace officer shall request the owner or operator of 514
a motor vehicle to produce proof of financial responsibility in a 515
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manner described in division (G) of this section at the time the 517
peace officer acts to enforce the traffic laws of this state and 518
during motor vehicle inspections conducted pursuant to section 519
4513.02 of the Revised Code. 520
(3) A peace officer shall indicate on every traffic ticket 522
whether the person receiving the traffic ticket produced proof of 523
the maintenance of financial responsibility in response to the 524
officer's request under division (D)(2) of this section. The 526
peace officer shall inform every person who receives a traffic 527
ticket and who has failed to produce proof of the maintenance of 530
financial responsibility that the person must submit proof to the 531
traffic violations bureau with any payment of a fine and costs 532
for the ticketed violation or, if the person is to appear in 533
court for the violation, the person must submit proof to the 535
court.
(4)(a) If a person who has failed to produce proof of the 539
maintenance of financial responsibility appears in court for a
ticketed violation, the court may permit the defendant to present 540
evidence of proof of financial responsibility to the court at 542
such time and in such manner as the court determines to be 543
necessary or appropriate. The clerk of courts shall provide the 544
registrar with the identity of any person who fails to submit 545
proof of the maintenance of financial responsibility pursuant to 546
division (D)(3) of this section this this. 547
(b) If a person who has failed to produce proof of the 549
maintenance of financial responsibility also fails to submit that 550
proof to the traffic violations bureau with payment of a fine and 551
costs for the ticketed violation, the traffic violations bureau 552
shall notify the registrar of the identity of that person. 553
(5)(a) Upon receiving notice from a clerk of courts or 555
traffic violations bureau pursuant to division (D)(4) of this 556
section, the registrar shall notify the person that the person 558
must present the registrar with proof of financial responsibility 559
in accordance with this section, surrender to the registrar the 560
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person's certificate of registration, registration LICENSE 561
plates, and license, or submit a statement subject to section 562
2921.13 of the Revised Code that the person did not operate or 563
permit the operation of the motor vehicle at the time of the 565
offense and, if a court appearance was required, did not fail to 567
appear in court on the charge of the traffic offense.
Notification shall be in writing and shall be sent to the person 568
at the person's last known address as shown on the records of the 569
bureau of motor vehicles. The person, within fifteen days after 570
the date of the mailing of notification, shall present proof of 571
financial responsibility, surrender the certificate of 572
registration, registration LICENSE plates, and license to the 573
registrar in a manner set forth in division (A)(4) of this 575
section, or submit the statement required under this section 576
together with other information the person considers appropriate. 577
The registrar shall make an investigation to determine, upon the 578
basis of the statement and information submitted by the person 579
and other evidence that the registrar may require from the person 580
or discover in the course of the investigation, whether there is 581
a reasonable basis for believing that the person operated or 582
permitted the operation of the motor vehicle at the time of the 583
traffic offense without the operation being covered by proof of 584
financial responsibility. If the registrar determines that a 585
reasonable basis exists, the registrar shall afford the person an 586
opportunity for hearing, after due notice of the time and place 587
for hearing given to the person in accordance with the provisions 588
of this section, to determine whether the person has violated 589
division (A) of this section. 590
If the registrar does not receive proof, the person has not 592
surrendered the certificate of registration, registration LICENSE 594
plates, and license, in accordance with this division, or the 595
registrar determines, after hearing, that the person operated or 596
permitted the operation in this state of a motor vehicle and has 597
failed to demonstrate proof of financial responsibility as 598
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required under this section, the registrar shall order the 599
immediate suspension of the license of the person required under 600
division (A)(2)(a) of this section and the impoundment of the 602
person's certificate of registration and registration LICENSE 603
plates required under division (A)(2)(b) of this section. 605
(b) In the case of a person who presents, within the 607
fifteen-day period, documents to show proof of financial 608
responsibility but fails to demonstrate proof of financial 609
responsibility to the satisfaction of the registrar, the 610
registrar shall order the immediate suspension of the person's 611
license required under division (A)(2)(a) of this section and the 613
impoundment of the registration and registration LICENSE plates 614
required under division (A)(2)(b) of this section and shall send 617
written notification to the person, at the person's last known 618
address as shown on the records of the bureau. The person, 619
within ten days after the date of the mailing of the 620
notification, shall surrender to the registrar, in a manner set 621
forth in division (A)(4) of this section, any certificate of 622
registration and registration LICENSE plates under an order of 623
impoundment, or any license under an order of suspension. 626
(c) Any person adversely affected by the order of the 628
registrar under division (D)(5)(a) or (b) of this section, within 631
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide 632
the person with an opportunity for a hearing in accordance with 633
this paragraph. A request for a hearing does not operate as a 634
suspension of the order. The scope of the hearing shall be 635
limited to whether the person in fact demonstrated to the 636
registrar proof of financial responsibility in accordance with 637
this section. The registrar shall determine the date, time, and 638
place of any hearing; provided, that the hearing shall be held, 639
and an order issued or findings made, within thirty days after 640
the registrar receives a request for a hearing. If requested by 641
the person in writing, the registrar may designate as the place 642
16
of hearing the county seat of the county in which the person 643
resides or a place within fifty miles of the person's residence. 644
Such person shall pay the cost of the hearing before the 645
registrar, if the registrar's order of suspension or impoundment 646
under division (D)(5)(a) or (b) of this section is upheld. 647
(6) A peace officer may charge an owner or operator of a 649
motor vehicle with a violation of division (B)(1) of section 650
4507.02 of the Revised Code when the owner or operator fails to 651
show proof of the maintenance of financial responsibility 652
pursuant to a peace officer's request under division (D)(2) of 654
this section, if a check of the owner or operator's driving
record indicates that the owner or operator, at the time of the 655
operation of the motor vehicle, is required to file and maintain 656
proof of financial responsibility under section 4509.45 of the 657
Revised Code for a previous violation of this chapter. 658
(7) Any forms used by law enforcement agencies in 660
administering this section shall be prescribed, supplied, and 661
paid for by the registrar. 662
(8) No peace officer, law enforcement agency employing a 664
peace officer, or political subdivision or governmental agency 665
that employs a peace officer shall be liable in a civil action 666
for damages or loss to persons arising out of the performance of 667
any duty required or authorized by this section. 668
(9) As used in this division and divisions (E) and (G) of 671
this section, "peace officer" has the meaning set forth in 672
section 2935.01 of the Revised Code. 673
(E) All fees, except court costs, collected under this 675
section shall be paid into the state treasury to the credit of 676
the financial responsibility compliance fund. The financial 677
responsibility compliance fund shall be used exclusively to cover 678
costs incurred by the bureau in the administration of this 679
section and sections 4503.20, 4507.212, and 4509.81 of the 680
Revised Code, and by any law enforcement agency employing any 681
peace officer who returns any license, certificate of 682
17
registration, and license plates to the registrar pursuant to 684
division (C) of this section, except that the director of budget 686
and management may transfer excess money from the financial 687
responsibility compliance fund to the state bureau of motor 688
vehicles fund if the registrar determines that the amount of
money in the financial responsibility compliance fund exceeds the 690
amount required to cover such costs incurred by the bureau or a 691
law enforcement agency and requests the director to make the 692
transfer. 693
All investment earnings of the financial responsibility 695
compliance fund shall be credited to the fund. 696
(F) Chapter 119. of the Revised Code applies to this 698
section only to the extent that any provision in that chapter is 699
not clearly inconsistent with this section. 700
(G)(1) The registrar, court, traffic violations bureau, or 703
peace officer may require proof of financial responsibility to be 704
demonstrated by use of a standard form prescribed by the 705
registrar. If the use of a standard form is not required, a 706
person may demonstrate proof of financial responsibility under 707
this section by presenting to the traffic violations bureau, 708
court, registrar, or peace officer any of the following documents 709
or a copy of the documents: 710
(a) A financial responsibility identification card as 712
provided in section 4509.104 of the Revised Code; 713
(b) A certificate of proof of financial responsibility on 715
a form provided and approved by the registrar for the filing of 716
an accident report required to be filed under section 4509.06 of 717
the Revised Code; 718
(c) A policy of liability insurance, a declaration page of 720
a policy of liability insurance, or liability bond, if the policy 721
or bond complies with section 4509.20 or sections 4509.49 to 722
4509.61 of the Revised Code; 723
(d) A bond or certification of the issuance of a bond as 725
provided in section 4509.59 of the Revised Code; 726
18
(e) A certificate of deposit of money or securities as 728
provided in section 4509.62 of the Revised Code; 729
(f) A certificate of self-insurance as provided in section 731
4509.72 of the Revised Code. 732
(2) If a person fails to demonstrate proof of financial 734
responsibility in a manner described in division (G)(1) of this 736
section, the person may demonstrate proof of financial 737
responsibility under this section by any other method that the 738
court or the bureau, by reason of circumstances in a particular 739
case, may consider appropriate. 740
(3) A motor carrier certificated by the interstate 742
commerce commission or by the public utilities commission may 743
demonstrate proof of financial responsibility by providing a 744
statement designating the motor carrier's operating authority and 745
averring that the insurance coverage required by the 746
certificating authority is in full force and effect. 747
(4)(a) A finding by the registrar or court that a person 749
is covered by proof of financial responsibility in the form of an 750
insurance policy or surety bond is not binding upon the named 751
insurer or surety or any of its officers, employees, agents, or 752
representatives and has no legal effect except for the purpose of 753
administering this section. 754
(b) The preparation and delivery of a financial 756
responsibility identification card or any other document 757
authorized to be used as proof of financial responsibility under 758
this division does not do any of the following: 759
(i) Create any liability or estoppel against an insurer or 761
surety, or any of its officers, employees, agents, or 762
representatives; 763
(ii) Constitute an admission of the existence of, or of 765
any liability or coverage under, any policy or bond; 766
(iii) Waive any defenses or counterclaims available to an 768
insurer, surety, agent, employee, or representative in an action 769
commenced by an insured or third-party claimant upon a cause of 770
19
action alleged to have arisen under an insurance policy or surety 771
bond or by reason of the preparation and delivery of a document 772
for use as proof of financial responsibility. 773
(c) Whenever it is determined by a final judgment in a 775
judicial proceeding that an insurer or surety, which has been 776
named on a document accepted by a court or the registrar as proof 777
of financial responsibility covering the operation of a motor 778
vehicle at the time of an accident or offense, is not liable to 779
pay a judgment for injuries or damages resulting from such 780
operation, the registrar, notwithstanding any previous contrary 782
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was 783
rendered as provided in division (A)(2) of this section. 784
(H) In order for any document described in division 786
(G)(1)(b) of this section to be used for the demonstration of 788
proof of financial responsibility under this section, the 789
document shall state the name of the insured or obligor, the name 790
of the insurer or surety company, and the effective and 791
expiration dates of the financial responsibility, and designate 792
by explicit description or by appropriate reference all motor 793
vehicles covered which may include a reference to fleet insurance 794
coverage. 795
(I) For purposes of this section, "owner" does not include 797
a licensed motor vehicle leasing dealer as defined in section 798
4517.01 of the Revised Code, but does include a motor vehicle 799
renting dealer as defined in section 4549.65 of the Revised Code. 800
Nothing in this section or in section 4509.51 of the Revised Code 801
shall be construed to prohibit a motor vehicle renting dealer 802
from entering into a contractual agreement with a person whereby 803
the person renting the motor vehicle agrees to be solely 804
responsible for maintaining proof of financial responsibility, in 806
accordance with this section, with respect to the operation, 807
maintenance, or use of the motor vehicle during the period of the 809
motor vehicle's rental.
20
(J) The purpose of this section is to require the 811
maintenance of proof of financial responsibility with respect to 812
the operation of motor vehicles on the highways of this state, so 813
as to minimize those situations in which persons are not 814
compensated for injuries and damages sustained in motor vehicle 815
accidents. The general assembly finds that this section contains 816
reasonable civil penalties and procedures for achieving this 817
purpose. 818
(K) Nothing in this section shall be construed to be 820
subject to section 4509.78 of the Revised Code. 821
(L) The registrar shall adopt rules in accordance with 823
Chapter 119. of the Revised Code that are necessary to administer 824
and enforce this section. The rules shall include procedures for 825
the surrender of license plates upon failure to maintain proof of 827
financial responsibility and provisions relating to reinstatement 828
of registration rights, acceptable forms of proof of financial 829
responsibility, and verification of the existence of financial 830
responsibility during the period of registration.
Sec. 4509.105. (A) ANY PERSON WHOSE OPERATING PRIVILEGES 833
HAVE BEEN SUSPENDED FOR A VIOLATION OF DIVISION (A)(1) OF SECTION 834
4509.101 OF THE REVISED CODE, WHICH SUSPENSION SERIOUSLY AFFECTS 837
THE PERSON'S ABILITY TO CONTINUE EMPLOYMENT, MAY PETITION THE 838
REGISTRAR OF MOTOR VEHICLES FOR OCCUPATIONAL DRIVING PRIVILEGES. 839
THE PERSON SEEKING OCCUPATIONAL DRIVING PRIVILEGES SHALL FILE 840
PROOF OF FINANCIAL RESPONSIBILITY WITH THE PETITION. 841
(B) UPON RECEIVING A PETITION PURSUANT TO DIVISION (A) OF 845
THIS SECTION, THE REGISTRAR SHALL GRANT THE PETITIONER 846
OCCUPATIONAL DRIVING PRIVILEGES IF THE REGISTRAR DETERMINES ALL 847
OF THE FOLLOWING: 848
(1) THE PETITIONER HAS FILED CURRENT PROOF OF FINANCIAL 850
RESPONSIBILITY WITH THE REGISTRAR; 851
(2) THE PETITIONER HAS NOT PREVIOUSLY HAD OPERATING 853
PRIVILEGES SUSPENDED FOR A VIOLATION OF DIVISION (A)(1) OF 855
SECTION 4509.101 OF THE REVISED CODE; 857
21
(3) THE PETITIONER HAS NOT HAD A LICENSE OR COMMERCIAL 859
DRIVER'S LICENSE SUSPENDED WITHIN THE PREVIOUS FIVE YEARS FOR 860
REPEATED TRAFFIC OFFENSES PURSUANT TO DIVISION (K) OF SECTION 862
4507.021 OF THE REVISED CODE; 864
(4) THE PETITIONER HAS NOT BEEN CONVICTED OF ANY CRIMINAL 866
OR TRAFFIC VIOLATION WITHIN THE PREVIOUS FIVE YEARS FOR WHICH SIX 868
POINTS ARE ASSESSED UNDER THE FORMULA PROVIDED IN DIVISION (G) OF 869
SECTION 4507.021 OF THE REVISED CODE; 871
(5) THE PETITIONER'S LICENSE IS NOT SUBJECT TO SUSPENSION 873
FOR ANY OTHER REASON; 874
(6) THE PETITIONER HAS PAID OR SECURED ALL DAMAGES CAUSED 876
WHILE DRIVING WITHOUT PROOF OF FINANCIAL RESPONSIBILITY; 877
(7) THE PETITIONER HAS PAID ALL APPLICABLE FINANCIAL 879
RESPONSIBILITY REINSTATEMENT FEES OR FINANCIAL RESPONSIBILITY 880
NONVOLUNTARY COMPLIANCE FEES. 881
(C) THE OCCUPATIONAL DRIVING PRIVILEGES GRANTED PURSUANT 884
TO DIVISION (B) OF THIS SECTION SHALL NOT BE GRANTED DURING THE 886
FIRST FIFTEEN DAYS OF THE PETITIONER'S LICENSE SUSPENSION. 887
(D) IF A PERSON'S LICENSE PLATES HAVE BEEN SURRENDERED OR 890
IMPOUNDED PURSUANT TO SECTION 4509.101 OF THE REVISED CODE, THE 892
REGISTRAR SHALL MAKE REPLACEMENT LICENSE PLATES AVAILABLE UPON 893
GRANTING OCCUPATIONAL DRIVING PRIVILEGES PURSUANT TO DIVISION (B) 895
OF THIS SECTION.
(E) A PERSON GRANTED OCCUPATIONAL DRIVING PRIVILEGES 898
PURSUANT TO THIS SECTION SHALL CONTINUOUSLY MAINTAIN PROOF OF 899
FINANCIAL RESPONSIBILITY WITH THE REGISTRAR FOR A PERIOD OF FIVE 900
YEARS FOLLOWING THE GRANT OF OCCUPATIONAL DRIVING PRIVILEGES. 901
(F) THE PETITION FILED PURSUANT TO DIVISION (A) OF THIS 905
SECTION SHALL BE IN A FORM PRESCRIBED BY THE REGISTRAR. 906
Section 2. That existing sections 3937.18 and 4509.101 of 908
the Revised Code are hereby repealed. 909