As Reported by the Senate Insurance, Commerce and Labor Committee 1
122nd General Assembly 4
Regular Session 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-SENATORS RAY-ZALESKI-DIX-GILLMOR-WATTS 11
13
A B I L L
To amend sections 3937.18 and 4509.101 and to enact 15
section 4509.105 of the Revised Code to permit 16
occupational driving privileges for first-time 17
violators of the Financial Responsibility Law;
and to modify Ohio's Uninsured and Underinsured 18
Motorists Law by limiting the insured's right to 19
recover when the owner or operator of the
uninsured motor vehicle has an immunity, by 20
requiring independent corroborative evidence to
recover for injuries caused by an unidentified 21
motorist, and by making other modifications to 22
the scope of and coverage under the Uninsured and
Underinsured Motorists Law. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 3937.18 and 4509.101 be amended 27
and section 4509.105 of the Revised Code be enacted to read as 28
follows:
Sec. 3937.18. (A) No automobile liability or motor 37
vehicle liability policy of insurance insuring against loss 38
resulting from liability imposed by law for bodily injury or 39
death suffered by any person arising out of the ownership, 40
maintenance, or use of a motor vehicle shall be delivered or 41
issued for delivery in this state with respect to any motor 42
2
vehicle registered or principally garaged in this state unless 43
both of the following coverages are provided OFFERED to persons 44
insured under the policy for loss due to bodily injury or death 46
suffered by such persons INSUREDS: 47
(1) Uninsured motorist coverage, which shall be in an 49
amount of coverage equivalent to the automobile liability or 50
motor vehicle liability coverage and shall provide protection for 51
bodily injury, SICKNESS, or DISEASE, INCLUDING death under 53
provisions approved by the superintendent of insurance, for the 54
protection of persons insured INSUREDS thereunder who are legally 55
entitled to recover damages from owners or operators of uninsured 57
motor vehicles because of bodily injury, sickness, or disease, 58
including death, suffered by any person insured under the policy. 59
For purposes of division (A)(1) of this section, a person 61
AN INSURED is legally entitled to recover damages if he THE 63
INSURED is able to prove the elements of his THE INSURED'S claim 65
that are necessary to recover damages from the owner or operator 67
of the uninsured motor vehicle. The fact that the owner or 68
operator of the uninsured motor vehicle has an immunity, whether 69
based upon a statute or the common law, UNDER CHAPTER 2744. OF 70
THE REVISED CODE OR A DIPLOMATIC IMMUNITY that could be raised as 71
a defense in an action brought against him THE OWNER OR OPERATOR 73
by the person insured under uninsured motorist coverage does not 74
affect the insured person's INSURED'S right to recover under his 75
uninsured motorist coverage. HOWEVER, ANY OTHER TYPE OF 78
STATUTORY OR COMMON LAW IMMUNITY THAT MAY BE A DEFENSE FOR THE 79
OWNER OR OPERATOR OF AN UNINSURED MOTOR VEHICLE SHALL ALSO BE A 80
DEFENSE TO AN ACTION BROUGHT BY THE INSURED TO RECOVER UNDER 81
UNINSURED MOTORIST COVERAGE. 83
(2) Underinsured motorist coverage, which shall be in an 85
amount of coverage equivalent to the automobile liability or 86
motor vehicle liability coverage and shall provide protection for 87
an insured INSUREDS THEREUNDER against loss for bodily injury, 88
sickness, or disease, including death, suffered by any person 90
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insured under the policy, where the limits of coverage available 91
for payment to the insured under all bodily injury liability 92
bonds and insurance policies covering persons liable to the 93
insured are less than the limits for the insured's uninsured 94
motorist coverage. Underinsured motorist coverage is not and 95
shall not be excess insurance to other applicable liability 96
coverages, and shall be provided only to afford the insured an 97
amount of protection not greater than that which would be 98
available under the insured's uninsured motorist coverage if the 99
person or persons liable were uninsured at the time of the 100
accident. The policy limits of the underinsured motorist 101
coverage shall be reduced by those amounts available for payment 102
under all applicable bodily injury liability bonds and insurance 103
policies covering persons liable to the insured. 104
(B) Coverages offered under division (A) of this section 106
shall be written for the same limits of liability. No change 107
shall be made in the limits of one of these coverages without an 108
equivalent change in the limits of the other coverage. 109
(C) The A named insured OR APPLICANT may only reject or 111
accept both coverages AS offered under division (A) of this 114
section. The named insured, OR may require the issuance of 116
ALTERNATIVELY SELECT BOTH such coverages for bodily injury or 119
death in accordance with a schedule of optional lesser amounts 120
LIMITS approved by the superintendent, that. THE SCHEDULE OF 121
LIMITS APPROVED BY THE SUPERINTENDENT MAY PERMIT A NAMED INSURED 122
OR APPLICANT TO SELECT UNINSURED AND UNDERINSURED MOTORISTS 123
COVERAGES WITH LIMITS ON SUCH COVERAGES THAT ARE LESS THAN THE 124
LIMIT OF LIABILITY COVERAGE PROVIDED BY THE AUTOMOBILE LIABILITY 125
OR MOTOR VEHICLE LIABILITY POLICY OF INSURANCE UNDER WHICH THE 126
COVERAGES ARE PROVIDED, BUT THE LIMITS shall be no less than the 128
limits set forth in section 4509.20 of the Revised Code for 129
bodily injury or death. Unless the A NAMED INSURED'S OR 130
APPLICANT'S REJECTION OF BOTH COVERAGES AS OFFERED UNDER DIVISION 131
(A) OF THIS SECTION, OR A NAMED INSURED'S OR APPLICANT'S 132
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SELECTION OF SUCH COVERAGES IN ACCORDANCE WITH THE SCHEDULE OF 133
LIMITS APPROVED BY THE SUPERINTENDENT, SHALL BE IN WRITING AND 134
SHALL BE SIGNED BY THE NAMED INSURED OR APPLICANT. A NAMED 135
INSURED'S OR APPLICANT'S WRITTEN, SIGNED REJECTION OF BOTH 136
COVERAGES AS OFFERED UNDER DIVISION (A) OF THIS SECTION, OR A 137
NAMED INSURED'S OR APPLICANT'S WRITTEN, SIGNED SELECTION OF SUCH 138
COVERAGES IN ACCORDANCE WITH THE SCHEDULE OF LIMITS APPROVED BY 139
THE SUPERINTENDENT, SHALL BE EFFECTIVE ON THE DAY SIGNED, SHALL 140
CREATE A PRESUMPTION OF AN OFFER OF COVERAGES CONSISTENT WITH 141
DIVISION (A) OF THIS SECTION, AND SHALL BE BINDING ON ALL OTHER 142
NAMED INSUREDS, INSUREDS, OR APPLICANTS. 143
UNLESS A named insured OR APPLICANT requests such coverages 148
in writing, such coverages need not be provided in or MADE 149
supplemental to a POLICY renewal OR REPLACEMENT policy where the 151
A named insured OR APPLICANT has rejected the SUCH coverages in 152
connection with a policy previously issued to him THE NAMED 154
INSURED OR APPLICANT by the same insurer. If the A named insured 155
OR APPLICANT has selected uninsured motorist coverage SUCH 157
COVERAGES in connection with a policy previously issued to him 158
THE NAMED INSURED OR APPLICANT by the same insurer, WITH LIMITS 159
IN ACCORDANCE WITH THE SCHEDULE OF LIMITS APPROVED BY THE 160
SUPERINTENDENT, such coverages offered under division (A) of this 161
section need not be provided WITH LIMITS in excess of the limits 162
of the liability previously issued for uninsured motorist 165
coverage SUCH COVERAGES, unless the A named insured OR APPLICANT 167
requests in writing higher limits of liability for such 168
coverages.
(D) For the purpose of this section, a motor vehicle is 170
SHALL BE DEEMED uninsured if the IN EITHER OF THE FOLLOWING 171
CIRCUMSTANCES: 172
(1) THE liability insurer denies coverage or is or becomes 175
the subject of insolvency proceedings in any jurisdiction; 176
(2) THE IDENTITY OF THE OWNER AND OPERATOR OF THE MOTOR 178
VEHICLE CANNOT BE DETERMINED, BUT INDEPENDENT CORROBORATIVE 179
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EVIDENCE EXISTS TO PROVE THAT THE BODILY INJURY, SICKNESS, 180
DISEASE, OR DEATH OF THE INSURED WAS PROXIMATELY CAUSED BY THE 181
NEGLIGENCE OR INTENTIONAL ACTIONS OF THE UNIDENTIFIED OPERATOR OF 182
THE MOTOR VEHICLE. FOR PURPOSES OF THIS DIVISION, THE TESTIMONY 183
OF ANY INSURED SEEKING RECOVERY FROM THE INSURER SHALL NOT 184
CONSTITUTE INDEPENDENT CORROBORATIVE EVIDENCE, UNLESS THE 185
TESTIMONY IS SUPPORTED BY ADDITIONAL EVIDENCE. 186
(E) In the event of payment to any person under the 188
coverages required by OFFERED UNDER this section and subject to 189
the terms and conditions of such coverages, the insurer making 192
such payment to the extent thereof is entitled to the proceeds of 193
any settlement or judgment resulting from the exercise of any 194
rights of recovery of such person against any person or 195
organization legally responsible for the bodily injury or death 196
for which such payment is made, including any amount recoverable 197
from an insurer which is or becomes the subject of insolvency 198
proceedings, through such proceedings or in any other lawful 199
manner. No insurer shall attempt to recover any amount against 200
the insured of an insurer which is or becomes the subject of 201
insolvency proceedings, to the extent of his THOSE rights against 202
such insurer which such insured assigns to the paying insurer. 203
(F) The coverages required by OFFERED UNDER this section 205
shall not be made subject to an exclusion or reduction in amount 207
because of any workers' compensation benefits payable as a result 208
of the same injury or death. 209
(G) Any automobile liability or motor vehicle liability 211
policy of insurance that includes coverages offered under 212
division (A) of this section OR SELECTED IN ACCORDANCE WITH 214
DIVISION (C) OF THIS SECTION may, without regard to any premiums 215
involved, include terms and conditions that preclude any and all 216
stacking of such coverages, including but not limited to: 217
(1) Interfamily stacking, which is the aggregating of the 219
limits of such coverages by the same person or two or more 220
persons, whether family members or not, who are not members of 221
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the same household; 222
(2) Intrafamily stacking, which is the aggregating of the 224
limits of such coverages purchased by the same person or two or 225
more family members of the same household. 226
(H) Any automobile liability or motor vehicle liability 228
policy of insurance that includes coverages offered under 229
division (A) of this section OR SELECTED IN ACCORDANCE WITH 231
DIVISION (C) OF THIS SECTION and that provides a limit of 232
coverage for payment for damages for bodily injury, including 233
death, sustained by any one person in any one automobile 234
accident, may, notwithstanding Chapter 2125. of the Revised Code, 235
include terms and conditions to the effect that all claims 236
resulting from or arising out of any one person's bodily injury, 237
including death, shall collectively be subject to the limit of 238
the policy applicable to bodily injury, including death, 239
sustained by one person, and, for the purpose of such policy 240
limit shall constitute a single claim. Any such policy limit 241
shall be enforceable regardless of the number of insureds, claims 242
made, vehicles or premiums shown in the declarations or policy, 243
or vehicles involved in the accident. 244
(I) Nothing in this section shall prohibit the inclusion 246
of underinsured motorist coverage in any uninsured motorist 247
coverage provided in compliance with this section. 248
(J) THE COVERAGES OFFERED UNDER DIVISION (A) OF THIS 250
SECTION OR SELECTED IN ACCORDANCE WITH DIVISION (C) OF THIS 251
SECTION MAY INCLUDE TERMS AND CONDITIONS THAT PRECLUDE COVERAGE 252
FOR BODILY INJURY OR DEATH SUFFERED BY AN INSURED UNDER ANY OF 253
THE FOLLOWING CIRCUMSTANCES:
(1) WHILE THE INSURED IS OPERATING OR OCCUPYING A MOTOR 255
VEHICLE OWNED BY, FURNISHED TO, OR AVAILABLE FOR THE REGULAR USE 256
OF A NAMED INSURED, A SPOUSE, OR A RESIDENT RELATIVE OF A NAMED 258
INSURED, IF THE MOTOR VEHICLE IS NOT SPECIFICALLY IDENTIFIED IN 259
THE POLICY UNDER WHICH A CLAIM IS MADE, OR IS NOT A NEWLY 260
ACQUIRED OR REPLACEMENT MOTOR VEHICLE COVERED UNDER THE TERMS OF 261
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THE POLICY UNDER WHICH THE UNINSURED AND UNDERINSURED MOTORIST 262
COVERAGES ARE PROVIDED;
(2) WHILE THE INSURED IS OPERATING OR OCCUPYING A MOTOR 264
VEHICLE WITHOUT A REASONABLE BELIEF THAT THE INSURED IS ENTITLED 265
TO DO SO, PROVIDED THAT UNDER NO CIRCUMSTANCES WILL AN INSURED 266
WHOSE LICENSE HAS BEEN SUSPENDED, REVOKED, OR NEVER ISSUED, BE 267
HELD TO HAVE A REASONABLE BELIEF THAT THE INSURED IS ENTITLED TO 268
OPERATE A MOTOR VEHICLE;
(3) WHEN THE BODILY INJURY OR DEATH IS CAUSED BY A MOTOR 270
VEHICLE OPERATED BY ANY PERSON WHO IS SPECIFICALLY EXCLUDED FROM 271
COVERAGE FOR BODILY INJURY LIABILITY IN THE POLICY UNDER WHICH 272
THE UNINSURED AND UNDERINSURED MOTORIST COVERAGES ARE PROVIDED. 273
(K) AS USED IN THIS SECTION, "UNINSURED MOTOR VEHICLE" AND 275
"UNDERINSURED MOTOR VEHICLE" DO NOT INCLUDE ANY OF THE FOLLOWING 277
MOTOR VEHICLES:
(1) A MOTOR VEHICLE THAT HAS APPLICABLE LIABILITY COVERAGE 280
IN THE POLICY UNDER WHICH THE UNINSURED AND UNDERINSURED MOTORIST 281
COVERAGES ARE PROVIDED; 282
(2) A MOTOR VEHICLE OWNED BY, FURNISHED TO, OR AVAILABLE 284
FOR THE REGULAR USE OF A NAMED INSURED, A SPOUSE, OR A RESIDENT 285
RELATIVE OF A NAMED INSURED; 286
(3) A MOTOR VEHICLE OWNED BY A POLITICAL SUBDIVISION, 288
UNLESS THE OPERATOR OF THE MOTOR VEHICLE HAS AN IMMUNITY UNDER 290
CHAPTER 2744. OF THE REVISED CODE THAT COULD BE RAISED AS A 291
DEFENSE IN AN ACTION BROUGHT AGAINST THE OPERATOR BY THE INSURED; 292
(4) A MOTOR VEHICLE SELF-INSURED WITHIN THE MEANING OF THE 294
FINANCIAL RESPONSIBILITY LAW OF THE STATE IN WHICH THE MOTOR 295
VEHICLE IS REGISTERED.
(L) AS USED IN THIS SECTION, "AUTOMOBILE LIABILITY OR 297
MOTOR VEHICLE LIABILITY POLICY OF INSURANCE" MEANS EITHER OF THE 298
FOLLOWING:
(1) ANY POLICY OF INSURANCE THAT SERVES AS PROOF OF 300
FINANCIAL RESPONSIBILITY, AS PROOF OF FINANCIAL RESPONSIBILITY IS 301
DEFINED BY DIVISION (K) OF SECTION 4509.01 OF THE REVISED CODE, 302
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FOR OWNERS OR OPERATORS OF THE MOTOR VEHICLES SPECIFICALLY 303
IDENTIFIED IN THE POLICY OF INSURANCE;
(2) ANY UMBRELLA LIABILITY POLICY OF INSURANCE. 305
Sec. 4509.101. (A)(1) No person shall operate, or permit 318
the operation of, a motor vehicle in this state, unless proof of 319
financial responsibility is maintained continuously throughout 320
the registration period with respect to that vehicle, or, in the 321
case of a driver who is not the owner, with respect to that 322
person's driver's operation of that vehicle. 324
(2) Whoever violates division (A)(1) of this section shall 326
be subject to the following civil penalties: 327
(a) Suspension of the person's operating privileges and 329
impoundment of the person's license until the person complies 330
with division (A)(5) of this section. The suspension shall be 331
for a period of not less than ninety days except that if, within 332
five years of the violation, the person's operating privileges 333
are again suspended and the person's license is impounded one or 335
more times for a violation of division (A)(1) of this section, 336
the suspension shall be for a period of not less than one year. 337
The EXCEPT AS PROVIDED BY SECTION 4509.105 OF THE REVISED CODE, 338
THE suspension is not subject to revocation, suspension, or 339
occupational or other limited operating privileges. 340
(b) In addition to the suspension of an owner's license 342
under division (A)(2)(a) of this section, the suspension of the 343
rights of the owner to register the motor vehicle and the 344
impoundment of the owner's certificate of registration and 345
license plates until the owner complies with division (A)(5) of 347
this section.
(3) A person to whom this state has issued a certificate 349
of registration for a motor vehicle or a license to operate a 350
motor vehicle or who is determined to have operated any motor 351
vehicle or permitted the operation in this state of a motor 352
vehicle owned by the person shall be required to verify the 353
existence of proof of financial responsibility covering the 354
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operation of the motor vehicle or the person's operation of the 355
motor vehicle under any of the following circumstances: 356
(a) The person or a motor vehicle owned by the person is 358
involved in a traffic accident that requires the filing of an 359
accident report under section 4509.06 of the Revised Code. 360
(b) The person receives a traffic ticket indicating that 362
proof of the maintenance of financial responsibility was not 363
produced upon the request of a peace officer or state highway 364
patrol trooper made in accordance with division (D)(2) of this 366
section.
(c) Whenever, in accordance with rules adopted by the 368
registrar, the person is randomly selected by the registrar and 369
requested to provide such verification. 370
(4) An order of the registrar that suspends and impounds a 373
license or registration, or both, shall state the date on or 374
before which the person is required to surrender the person's 375
license or certificate of registration and license plates. The 376
person is deemed to have surrendered the license or certificate 377
of registration and license plates, in compliance with the order, 379
if the person does either of the following:
(a) On or before the date specified in the order, 381
personally delivers the license or certificate of registration 382
and license plates, or causes the delivery of the items, to the 384
registrar;
(b) Mails the license or certificate of registration and 386
license plates to the registrar in an envelope or container 387
bearing a postmark showing a date no later than the date 389
specified in the order.
(5) The registrar shall not restore any operating 391
privileges or registration rights suspended under this section, 392
return any license, certificate of registration, or license 393
plates impounded under this section, or reissue license plates 394
under section 4503.232 of the Revised Code, if the registrar 395
destroyed the impounded license plates under that section, or 397
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reissue a license under section 4507.54 of the Revised Code, if 398
the registrar destroyed the suspended license under that section, 399
unless the rights are not subject to suspension or revocation 400
under any other law and unless the person, in addition to 401
complying with all other conditions required by law for
reinstatement of the operating privileges or registration rights, 402
complies with all of the following: 403
(a) Pays a financial responsibility reinstatement fee of 405
seventy-five dollars for the first violation of division (A)(1) 406
of this section, two hundred fifty dollars for a second violation 407
of that division, and five hundred dollars for a third or 408
subsequent violation of that division; 409
(b) If the person has not voluntarily surrendered the 411
license, certificate, or license plates in compliance with the 412
order, pays a financial responsibility nonvoluntary compliance 413
fee in an amount, not to exceed fifty dollars, determined by the 414
registrar;
(c) Files and continuously maintains proof of financial 416
responsibility under sections 4509.44 to 4509.65 of the Revised 417
Code. 418
(B)(1) shall the defendant's, shall license license 420
license the person's the person's license the person the person's 421
license the person the person's in shall license the person's 422
license the person's license, the person's the person's 423
certificate of license shall license may Every party required to
file an accident report under section 4509.06 of the Revised Code 424
also shall include with the report a document described in 425
division (G)(1) of this section. 426
If the registrar determines, within forty-five days after 428
the report is filed, that an operator or owner has violated 429
division (A)(1) of this section, the registrar shall do all of 430
the following: 431
(a) Order the impoundment, with respect to the motor 433
vehicle involved, required under division (A)(2)(b) of this 434
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section, of the certificate of registration and license plates of 436
any owner who has violated division (A)(1) of this section; 437
(b) Order the suspension required under division (A)(2)(a) 439
of this section of the license of any operator or owner who has 440
violated division (A)(1) of this section; 441
(c) Record the name and address of the person whose 443
certificate of registration and license plates have been 444
impounded or are under an order of impoundment, or whose license 445
has been suspended or is under an order of suspension; the serial 446
number of the that person's license; the serial numbers of the 448
that person's certificate of registration and license plates; and 449
the person's social security account number, if assigned, or, 450
where the motor vehicle is used for hire or principally in 451
connection with any established business, the person's federal 452
taxpayer identification number. The information shall be 453
recorded in such a manner that it becomes a part of the person's 454
permanent record, and assists the registrar in monitoring 455
compliance with the orders of suspension or impoundment. 456
(d) Send written notification to every person to whom the 458
order pertains, at the person's last known address as shown on 459
the records of the bureau. The person, within ten days after the 461
date of the mailing of the notification, shall surrender to the 462
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates 463
under an order of impoundment, or any license under an order of 464
suspension. 465
(2) The registrar shall issue any order under division 467
(B)(1) of this section without a hearing. Any person adversely 469
affected by the order, within ten days after the issuance of the 471
order, may request an administrative hearing before the
registrar, who shall provide the person with an opportunity for a 472
hearing in accordance with this paragraph. A request for a 473
hearing does not operate as a suspension of the order. The scope 474
of the hearing shall be limited to whether the person in fact 475
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demonstrated to the registrar proof of financial responsibility 476
in accordance with this section. The registrar shall determine 477
the date, time, and place of any hearing, provided that the 478
hearing shall be held, and an order issued or findings made, 479
within thirty days after the registrar receives a request for a 480
hearing. If requested by the person in writing, the registrar 481
may designate as the place of hearing the county seat of the 482
county in which the person resides or a place within fifty miles 483
of the person's residence. The person shall pay the cost of the 484
hearing before the registrar, if the registrar's order of 485
suspension or impoundment is upheld. 486
(C) Any order of suspension or impoundment issued under 488
this section or division (B) of section 4509.37 of the Revised 489
Code may be terminated at any time if the registrar determines 490
upon a showing of proof of financial responsibility that the 491
operator or owner of the motor vehicle was in compliance with 492
division (A)(1) of this section at the time of the traffic 493
offense, motor vehicle inspection, or accident that resulted in 495
the order against the person. A determination may be made 496
without a hearing. This division does not apply unless the 497
person shows good cause for the person's failure to present 498
satisfactory proof of financial responsibility to the registrar 500
prior to the issuance of the order.
(D)(1) For the purpose of enforcing this section, every 502
peace officer is deemed an agent of the registrar. Any peace 503
officer who, in the performance of the peace officer's duties as 504
authorized by law, becomes aware of a person whose license is 506
under an order of suspension, or whose certificate of 507
registration and license plates are under an order of 508
impoundment, pursuant to this section, may confiscate the 509
license, certificate of registration, and license plates, and 510
return them to the registrar. 511
(2) A peace officer shall request the owner or operator of 513
a motor vehicle to produce proof of financial responsibility in a 514
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manner described in division (G) of this section at the time the 516
peace officer acts to enforce the traffic laws of this state and 517
during motor vehicle inspections conducted pursuant to section 518
4513.02 of the Revised Code. 519
(3) A peace officer shall indicate on every traffic ticket 521
whether the person receiving the traffic ticket produced proof of 522
the maintenance of financial responsibility in response to the 523
officer's request under division (D)(2) of this section. The 525
peace officer shall inform every person who receives a traffic 526
ticket and who has failed to produce proof of the maintenance of 529
financial responsibility that the person must submit proof to the 530
traffic violations bureau with any payment of a fine and costs 531
for the ticketed violation or, if the person is to appear in 532
court for the violation, the person must submit proof to the 534
court.
(4)(a) If a person who has failed to produce proof of the 538
maintenance of financial responsibility appears in court for a
ticketed violation, the court may permit the defendant to present 539
evidence of proof of financial responsibility to the court at 541
such time and in such manner as the court determines to be 542
necessary or appropriate. The clerk of courts shall provide the 543
registrar with the identity of any person who fails to submit 544
proof of the maintenance of financial responsibility pursuant to 545
division (D)(3) of this section this this. 546
(b) If a person who has failed to produce proof of the 548
maintenance of financial responsibility also fails to submit that 549
proof to the traffic violations bureau with payment of a fine and 550
costs for the ticketed violation, the traffic violations bureau 551
shall notify the registrar of the identity of that person. 552
(5)(a) Upon receiving notice from a clerk of courts or 554
traffic violations bureau pursuant to division (D)(4) of this 555
section, the registrar shall notify the person that the person 557
must present the registrar with proof of financial responsibility 558
in accordance with this section, surrender to the registrar the 559
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person's certificate of registration, registration LICENSE 560
plates, and license, or submit a statement subject to section 561
2921.13 of the Revised Code that the person did not operate or 562
permit the operation of the motor vehicle at the time of the 564
offense and, if a court appearance was required, did not fail to 566
appear in court on the charge of the traffic offense.
Notification shall be in writing and shall be sent to the person 567
at the person's last known address as shown on the records of the 568
bureau of motor vehicles. The person, within fifteen days after 569
the date of the mailing of notification, shall present proof of 570
financial responsibility, surrender the certificate of 571
registration, registration LICENSE plates, and license to the 572
registrar in a manner set forth in division (A)(4) of this 574
section, or submit the statement required under this section 575
together with other information the person considers appropriate. 576
The registrar shall make an investigation to determine, upon the 577
basis of the statement and information submitted by the person 578
and other evidence that the registrar may require from the person 579
or discover in the course of the investigation, whether there is 580
a reasonable basis for believing that the person operated or 581
permitted the operation of the motor vehicle at the time of the 582
traffic offense without the operation being covered by proof of 583
financial responsibility. If the registrar determines that a 584
reasonable basis exists, the registrar shall afford the person an 585
opportunity for hearing, after due notice of the time and place 586
for hearing given to the person in accordance with the provisions 587
of this section, to determine whether the person has violated 588
division (A) of this section. 589
If the registrar does not receive proof, the person has not 591
surrendered the certificate of registration, registration LICENSE 593
plates, and license, in accordance with this division, or the 594
registrar determines, after hearing, that the person operated or 595
permitted the operation in this state of a motor vehicle and has 596
failed to demonstrate proof of financial responsibility as 597
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required under this section, the registrar shall order the 598
immediate suspension of the license of the person required under 599
division (A)(2)(a) of this section and the impoundment of the 601
person's certificate of registration and registration LICENSE 602
plates required under division (A)(2)(b) of this section. 604
(b) In the case of a person who presents, within the 606
fifteen-day period, documents to show proof of financial 607
responsibility but fails to demonstrate proof of financial 608
responsibility to the satisfaction of the registrar, the 609
registrar shall order the immediate suspension of the person's 610
license required under division (A)(2)(a) of this section and the 612
impoundment of the registration and registration LICENSE plates 613
required under division (A)(2)(b) of this section and shall send 616
written notification to the person, at the person's last known 617
address as shown on the records of the bureau. The person, 618
within ten days after the date of the mailing of the 619
notification, shall surrender to the registrar, in a manner set 620
forth in division (A)(4) of this section, any certificate of 621
registration and registration LICENSE plates under an order of 622
impoundment, or any license under an order of suspension. 625
(c) Any person adversely affected by the order of the 627
registrar under division (D)(5)(a) or (b) of this section, within 630
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide 631
the person with an opportunity for a hearing in accordance with 632
this paragraph. A request for a hearing does not operate as a 633
suspension of the order. The scope of the hearing shall be 634
limited to whether the person in fact demonstrated to the 635
registrar proof of financial responsibility in accordance with 636
this section. The registrar shall determine the date, time, and 637
place of any hearing; provided, that the hearing shall be held, 638
and an order issued or findings made, within thirty days after 639
the registrar receives a request for a hearing. If requested by 640
the person in writing, the registrar may designate as the place 641
16
of hearing the county seat of the county in which the person 642
resides or a place within fifty miles of the person's residence. 643
Such person shall pay the cost of the hearing before the 644
registrar, if the registrar's order of suspension or impoundment 645
under division (D)(5)(a) or (b) of this section is upheld. 646
(6) A peace officer may charge an owner or operator of a 648
motor vehicle with a violation of division (B)(1) of section 649
4507.02 of the Revised Code when the owner or operator fails to 650
show proof of the maintenance of financial responsibility 651
pursuant to a peace officer's request under division (D)(2) of 653
this section, if a check of the owner or operator's driving
record indicates that the owner or operator, at the time of the 654
operation of the motor vehicle, is required to file and maintain 655
proof of financial responsibility under section 4509.45 of the 656
Revised Code for a previous violation of this chapter. 657
(7) Any forms used by law enforcement agencies in 659
administering this section shall be prescribed, supplied, and 660
paid for by the registrar. 661
(8) No peace officer, law enforcement agency employing a 663
peace officer, or political subdivision or governmental agency 664
that employs a peace officer shall be liable in a civil action 665
for damages or loss to persons arising out of the performance of 666
any duty required or authorized by this section. 667
(9) As used in this division and divisions (E) and (G) of 670
this section, "peace officer" has the meaning set forth in 671
section 2935.01 of the Revised Code. 672
(E) All fees, except court costs, collected under this 674
section shall be paid into the state treasury to the credit of 675
the financial responsibility compliance fund. The financial 676
responsibility compliance fund shall be used exclusively to cover 677
costs incurred by the bureau in the administration of this 678
section and sections 4503.20, 4507.212, and 4509.81 of the 679
Revised Code, and by any law enforcement agency employing any 680
peace officer who returns any license, certificate of 681
17
registration, and license plates to the registrar pursuant to 683
division (C) of this section, except that the director of budget 685
and management may transfer excess money from the financial 686
responsibility compliance fund to the state bureau of motor 687
vehicles fund if the registrar determines that the amount of
money in the financial responsibility compliance fund exceeds the 689
amount required to cover such costs incurred by the bureau or a 690
law enforcement agency and requests the director to make the 691
transfer. 692
All investment earnings of the financial responsibility 694
compliance fund shall be credited to the fund. 695
(F) Chapter 119. of the Revised Code applies to this 697
section only to the extent that any provision in that chapter is 698
not clearly inconsistent with this section. 699
(G)(1) The registrar, court, traffic violations bureau, or 702
peace officer may require proof of financial responsibility to be 703
demonstrated by use of a standard form prescribed by the 704
registrar. If the use of a standard form is not required, a 705
person may demonstrate proof of financial responsibility under 706
this section by presenting to the traffic violations bureau, 707
court, registrar, or peace officer any of the following documents 708
or a copy of the documents: 709
(a) A financial responsibility identification card as 711
provided in section 4509.104 of the Revised Code; 712
(b) A certificate of proof of financial responsibility on 714
a form provided and approved by the registrar for the filing of 715
an accident report required to be filed under section 4509.06 of 716
the Revised Code; 717
(c) A policy of liability insurance, a declaration page of 719
a policy of liability insurance, or liability bond, if the policy 720
or bond complies with section 4509.20 or sections 4509.49 to 721
4509.61 of the Revised Code; 722
(d) A bond or certification of the issuance of a bond as 724
provided in section 4509.59 of the Revised Code; 725
18
(e) A certificate of deposit of money or securities as 727
provided in section 4509.62 of the Revised Code; 728
(f) A certificate of self-insurance as provided in section 730
4509.72 of the Revised Code. 731
(2) If a person fails to demonstrate proof of financial 733
responsibility in a manner described in division (G)(1) of this 735
section, the person may demonstrate proof of financial 736
responsibility under this section by any other method that the 737
court or the bureau, by reason of circumstances in a particular 738
case, may consider appropriate. 739
(3) A motor carrier certificated by the interstate 741
commerce commission or by the public utilities commission may 742
demonstrate proof of financial responsibility by providing a 743
statement designating the motor carrier's operating authority and 744
averring that the insurance coverage required by the 745
certificating authority is in full force and effect. 746
(4)(a) A finding by the registrar or court that a person 748
is covered by proof of financial responsibility in the form of an 749
insurance policy or surety bond is not binding upon the named 750
insurer or surety or any of its officers, employees, agents, or 751
representatives and has no legal effect except for the purpose of 752
administering this section. 753
(b) The preparation and delivery of a financial 755
responsibility identification card or any other document 756
authorized to be used as proof of financial responsibility under 757
this division does not do any of the following: 758
(i) Create any liability or estoppel against an insurer or 760
surety, or any of its officers, employees, agents, or 761
representatives; 762
(ii) Constitute an admission of the existence of, or of 764
any liability or coverage under, any policy or bond; 765
(iii) Waive any defenses or counterclaims available to an 767
insurer, surety, agent, employee, or representative in an action 768
commenced by an insured or third-party claimant upon a cause of 769
19
action alleged to have arisen under an insurance policy or surety 770
bond or by reason of the preparation and delivery of a document 771
for use as proof of financial responsibility. 772
(c) Whenever it is determined by a final judgment in a 774
judicial proceeding that an insurer or surety, which has been 775
named on a document accepted by a court or the registrar as proof 776
of financial responsibility covering the operation of a motor 777
vehicle at the time of an accident or offense, is not liable to 778
pay a judgment for injuries or damages resulting from such 779
operation, the registrar, notwithstanding any previous contrary 781
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was 782
rendered as provided in division (A)(2) of this section. 783
(H) In order for any document described in division 785
(G)(1)(b) of this section to be used for the demonstration of 787
proof of financial responsibility under this section, the 788
document shall state the name of the insured or obligor, the name 789
of the insurer or surety company, and the effective and 790
expiration dates of the financial responsibility, and designate 791
by explicit description or by appropriate reference all motor 792
vehicles covered which may include a reference to fleet insurance 793
coverage. 794
(I) For purposes of this section, "owner" does not include 796
a licensed motor vehicle leasing dealer as defined in section 797
4517.01 of the Revised Code, but does include a motor vehicle 798
renting dealer as defined in section 4549.65 of the Revised Code. 799
Nothing in this section or in section 4509.51 of the Revised Code 800
shall be construed to prohibit a motor vehicle renting dealer 801
from entering into a contractual agreement with a person whereby 802
the person renting the motor vehicle agrees to be solely 803
responsible for maintaining proof of financial responsibility, in 805
accordance with this section, with respect to the operation, 806
maintenance, or use of the motor vehicle during the period of the 808
motor vehicle's rental.
20
(J) The purpose of this section is to require the 810
maintenance of proof of financial responsibility with respect to 811
the operation of motor vehicles on the highways of this state, so 812
as to minimize those situations in which persons are not 813
compensated for injuries and damages sustained in motor vehicle 814
accidents. The general assembly finds that this section contains 815
reasonable civil penalties and procedures for achieving this 816
purpose. 817
(K) Nothing in this section shall be construed to be 819
subject to section 4509.78 of the Revised Code. 820
(L) The registrar shall adopt rules in accordance with 822
Chapter 119. of the Revised Code that are necessary to administer 823
and enforce this section. The rules shall include procedures for 824
the surrender of license plates upon failure to maintain proof of 826
financial responsibility and provisions relating to reinstatement 827
of registration rights, acceptable forms of proof of financial 828
responsibility, and verification of the existence of financial 829
responsibility during the period of registration.
Sec. 4509.105. (A) ANY PERSON WHOSE OPERATING PRIVILEGES 832
HAVE BEEN SUSPENDED FOR A VIOLATION OF DIVISION (A)(1) OF SECTION 833
4509.101 OF THE REVISED CODE, WHICH SUSPENSION SERIOUSLY AFFECTS 836
THE PERSON'S ABILITY TO CONTINUE EMPLOYMENT, MAY PETITION THE 837
REGISTRAR OF MOTOR VEHICLES FOR OCCUPATIONAL DRIVING PRIVILEGES. 838
THE PERSON SEEKING OCCUPATIONAL DRIVING PRIVILEGES SHALL FILE 839
PROOF OF FINANCIAL RESPONSIBILITY WITH THE PETITION. 840
(B) UPON RECEIVING A PETITION PURSUANT TO DIVISION (A) OF 844
THIS SECTION, THE REGISTRAR SHALL GRANT THE PETITIONER 845
OCCUPATIONAL DRIVING PRIVILEGES IF THE REGISTRAR DETERMINES ALL 846
OF THE FOLLOWING: 847
(1) THE PETITIONER HAS FILED CURRENT PROOF OF FINANCIAL 849
RESPONSIBILITY WITH THE REGISTRAR; 850
(2) THE PETITIONER HAS NOT PREVIOUSLY HAD OPERATING 852
PRIVILEGES SUSPENDED FOR A VIOLATION OF DIVISION (A)(1) OF 854
SECTION 4509.101 OF THE REVISED CODE; 856
21
(3) THE PETITIONER HAS NOT HAD A LICENSE OR COMMERCIAL 858
DRIVER'S LICENSE SUSPENDED WITHIN THE PREVIOUS FIVE YEARS FOR 859
REPEATED TRAFFIC OFFENSES PURSUANT TO DIVISION (K) OF SECTION 861
4507.021 OF THE REVISED CODE; 863
(4) THE PETITIONER HAS NOT BEEN CONVICTED OF ANY CRIMINAL 865
OR TRAFFIC VIOLATION WITHIN THE PREVIOUS FIVE YEARS FOR WHICH SIX 867
POINTS ARE ASSESSED UNDER THE FORMULA PROVIDED IN DIVISION (G) OF 868
SECTION 4507.021 OF THE REVISED CODE; 870
(5) THE PETITIONER'S LICENSE IS NOT SUBJECT TO SUSPENSION 872
FOR ANY OTHER REASON; 873
(6) THE PETITIONER HAS PAID OR SECURED ALL DAMAGES CAUSED 875
WHILE DRIVING WITHOUT PROOF OF FINANCIAL RESPONSIBILITY; 876
(7) THE PETITIONER HAS PAID ALL APPLICABLE FINANCIAL 878
RESPONSIBILITY REINSTATEMENT FEES OR FINANCIAL RESPONSIBILITY 879
NONVOLUNTARY COMPLIANCE FEES. 880
(C) THE OCCUPATIONAL DRIVING PRIVILEGES GRANTED PURSUANT 883
TO DIVISION (B) OF THIS SECTION SHALL NOT BE GRANTED DURING THE 885
FIRST THIRTY DAYS OF THE PETITIONER'S LICENSE SUSPENSION. 886
(D) IF A PERSON'S LICENSE PLATES HAVE BEEN SURRENDERED OR 889
IMPOUNDED PURSUANT TO SECTION 4509.101 OF THE REVISED CODE, THE 891
REGISTRAR SHALL MAKE REPLACEMENT LICENSE PLATES AVAILABLE UPON 892
GRANTING OCCUPATIONAL DRIVING PRIVILEGES PURSUANT TO DIVISION (B) 894
OF THIS SECTION.
(E) A PERSON GRANTED OCCUPATIONAL DRIVING PRIVILEGES 897
PURSUANT TO THIS SECTION SHALL CONTINUOUSLY MAINTAIN PROOF OF 898
FINANCIAL RESPONSIBILITY WITH THE REGISTRAR FOR A PERIOD OF FIVE 899
YEARS FROM THE DATE OF SUSPENSION OF OPERATING PRIVILEGES BY THE 900
REGISTRAR.
(F) THE PETITION FILED PURSUANT TO DIVISION (A) OF THIS 904
SECTION SHALL BE IN A FORM PRESCRIBED BY THE REGISTRAR. 905
Section 2. That existing sections 3937.18 and 4509.101 of 907
the Revised Code are hereby repealed. 908