As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 213 5
1997-1998 6
SENATORS OELSLAGER-SUHADOLNIK-LATTA 8
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A B I L L
To amend sections 3937.41, 4503.181, 4506.01, 12
4506.02, 4506.11, 4507.13, 4507.50, 4507.51, 13
4507.52, 4509.01, 4511.091, and 4511.195 and to 14
enact sections 4501.31, 4506.25, and 4506.26 of
the Revised Code to modify the types of 15
employment-related accidents that insurers are 16
prohibited from considering with regard to an 17
applicant's or policyholder's private automobile
insurance policy; to prohibit temporary 18
instruction permits, driver's licenses, 19
commercial driver's licenses, and state
identification cards from displaying the holder's 20
Social Security number unless such display is 21
requested by the holder or is required by federal 22
law; to permit a disabled veteran who has a 23
service-connected disability rated at 100% by the 24
Veterans' Administration to apply to the
Registrar of Motor Vehicles or a deputy registrar 25
for the issuance of a state identification card 26
or a temporary identification card without
payment of any fee; to permit historical license 27
plates issued to a person's historical motor 28
vehicle to be transferred to another historical 29
motor vehicle owned by that person; to modify the 30
provisions relating to out-of-service orders
issued to holders of commercial driver's 31
licenses; to modify the definition of "owner" of 32
a motor vehicle for purposes of the Financial 33
2
Responsibility Law; to permit a law enforcement
officer who observes the operator of a motor 34
vehicle commit one of certain specified moving 35
violations to radio another law enforcement 36
officer with information to enable that law
enforcement officer to arrest the operator or 37
issue a citation for the violation; to provide 38
that a warning relating to a possible fine that 39
must be included in the written notice that is 40
given to the operator of a vehicle who is
arrested for OMVI or the owner of such a vehicle 41
because the vehicle may be subject to future 42
impoundment or forfeiture, instead be given to
the person in court; to require the Director of 43
Budget and Management to transfer certain moneys 44
into the Highway Safety Federal Reimbursement 45
Fund; and to maintain the provisions of this act 46
on and after January 1, 1999, by amending the
version of section 4507.13 of the Revised Code 47
that takes effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 49
Section 1. That sections 3937.41, 4503.181, 4506.01, 51
4506.02, 4506.11, 4507.13, 4507.50, 4507.51, 4507.52, 4509.01, 53
4511.091, and 4511.195 be amended and sections 4501.31, 4506.25, 54
and 4506.26 of the Revised Code be enacted to read as follows: 55
Sec. 3937.41. (A) As used in this section: 64
(1) "Ambulance" has the same meaning as in section 4765.01 66
of the Revised Code and also includes private ambulance companies 67
under contract to a municipal corporation, township, or county. 68
(2) "Emergency vehicle" means any of the following: 70
(a) Any vehicle, as defined in section 4511.01 of the 72
Revised Code, that is an emergency vehicle of a municipal, 73
township, or county department or public utility corporation and 74
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that is identified as such as required by law, the director of 75
public safety, or local authorities; 76
(b) Any motor vehicle, as defined in section 4511.01 of 78
the Revised Code, when commandeered by a police officer; 79
(c) Any vehicle, as defined in section 4511.01 of the 81
Revised Code, that is an emergency vehicle of a qualified 82
nonprofit corporation police department established pursuant to 83
section 1702.80 of the Revised Code and that is identified as an 84
emergency vehicle; 85
(d) Any vehicle, as defined in section 4511.01 of the 87
Revised Code, that is an emergency vehicle of a proprietary 88
police department or security department of a hospital operated 89
by a public hospital agency or a nonprofit hospital agency that 90
employs police officers under section 4973.17 of the Revised 91
Code, and that is identified as an emergency vehicle. 92
(3) "Fire fighter FIREFIGHTER" means any regular, paid, 94
member of a lawfully constituted fire department of a municipal 96
corporation or township. 97
(4) "Law enforcement officer" means a sheriff, deputy 99
sheriff, constable, marshal, deputy marshal, municipal or 100
township police officer, state highway patrol trooper, police 101
officer employed by a qualified nonprofit police department 102
pursuant to section 1702.80 of the Revised Code, or police 103
officer employed by a proprietary police department or security 104
department of a hospital operated by a public hospital agency or 105
nonprofit hospital agency pursuant to section 4973.17 of the 106
Revised Code. 107
(5) "Motor vehicle accident" means any accident involving 109
a motor vehicle which results in bodily injury to any person, or 110
damage to the property of any person. 111
(B) No insurer shall consider the circumstance that an 113
applicant or policyholder has been involved in a motor vehicle 114
accident while in the pursuit of the applicant's or 115
policyholder's official duties as a law enforcement officer, fire 117
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fighter FIREFIGHTER, or operator of an emergency vehicle or 119
ambulance, or while operating a vehicle engaged in mowing or snow 120
and ice removal as a county, township, or department of 122
transportation employee, OR WHILE OPERATING A VEHICLE WHILE 124
ENGAGED IN THE PURSUIT OF THE APPLICANT'S OR POLICYHOLDER'S 125
OFFICIAL DUTIES AS A MEMBER OF THE COMMERCIAL MOTOR VEHICLE 126
SAFETY ENFORCEMENT UNIT OF THE STATE HIGHWAY PATROL, as a basis 128
for doing either of the following:
(1) Refusing to issue or deliver a policy of insurance 130
upon a private automobile, or increasing the rate to be charged 131
for such a policy; 132
(2) Increasing the premium rate, canceling, or failing to 134
renew an existing policy of insurance upon a private automobile. 135
(C) Any applicant or policyholder affected by an action of 137
an insurer in violation of this section may appeal to the 138
superintendent of insurance. After a hearing held upon not less 139
than ten days' notice to the applicant or policyholder and to the 140
insurer and if the superintendent determines that the insurer has 142
violated this section, the superintendent may direct the issuance 143
of a policy, decrease the premium rate on a policy, or reinstate 144
insurance coverage. 145
(D) The employer of the law enforcement officer, fire 147
fighter FIREFIGHTER, or operator of an emergency vehicle or 148
ambulance, or operator of a vehicle engaged in mowing or snow and 151
ice removal, OR OPERATOR OF A VEHICLE WHO IS A MEMBER OF THE 152
COMMERCIAL MOTOR VEHICLE SAFETY ENFORCEMENT UNIT, except as 155
otherwise provided in division (F) of this section, shall certify 157
to the state highway patrol or law enforcement agency that 158
investigates the accident whether the officer, fire fighter
FIREFIGHTER, or operator of an emergency vehicle or ambulance, or 160
operator of a vehicle engaged in mowing or snow and ice removal, 162
OR OPERATOR OF A VEHICLE WHO IS A MEMBER OF THE COMMERCIAL MOTOR 163
VEHICLE SAFETY ENFORCEMENT UNIT, was engaged in the performance 165
of the person's official duties as such employee at the time of 168
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the accident. The employer shall designate an official 169
authorized to make the certifications. The state highway patrol 170
or law enforcement agency shall include the certification in any 171
report of the accident forwarded to the department of public 172
safety pursuant to sections 5502.11 and 5502.12 of the Revised 173
Code and shall forward the certification to the department if 174
received after the report of the accident has been forwarded to 175
the department. The registrar of motor vehicles shall not 176
include an accident in a certified abstract of information under 177
division (A) of section 4509.05 of the Revised Code, if the 178
person involved has been so certified as having been engaged in 179
the performance of the person's official duties at the time of 180
the accident. 181
(E) Division (B) of this section does not apply to an 183
insurer whose policy covers the motor vehicle at the time the 184
motor vehicle is involved in an accident described in division 185
(B) of this section. 186
(F) Division (B) of this section does not apply if an 188
applicant or policyholder, on the basis of the applicant's or 189
policyholder's involvement in an accident described in that 191
division, is convicted of or pleads guilty or no contest to a 192
violation of section 4511.19 of the Revised Code; of a municipal 193
ordinance relating to operating a vehicle while under the 194
influence of alcohol, a drug of abuse, or alcohol and a drug of 195
abuse; or of a municipal ordinance relating to operating a 196
vehicle with a prohibited concentration of alcohol in the blood, 197
breath, or urine, or other bodily substance.
Sec. 4501.31. (A) UNLESS REQUIRED BY FEDERAL LAW OR 199
REQUESTED BY THE PERSON, NO DRIVER'S LICENSE, COMMERCIAL DRIVER'S 200
LICENSE, TEMPORARY INSTRUCTION PERMIT, OR IDENTIFICATION CARD 201
ISSUED BY THE REGISTRAR OF MOTOR VEHICLES OR ANY DEPUTY REGISTRAR 202
ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL DISPLAY THE 203
SOCIAL SECURITY NUMBER OF THE PERSON TO WHOM THE LICENSE, PERMIT, 204
OR CARD IS ISSUED.
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(B) FOR PURPOSES OF COMPLIANCE WITH SUBPARAGRAPH (b)(1)(B) 207
OF SECTION 656 OF PUBLIC LAW NO. 104-208, AS STATUTORILY NOTED 208
UNDER 5 U.S.C.A. 301, THE REGISTRAR SHALL DO BOTH OF THE 210
FOLLOWING:
(1) REQUIRE EVERY APPLICANT FOR A DRIVER'S LICENSE, 212
TEMPORARY INSTRUCTION PERMIT, COMMERCIAL DRIVER'S LICENSE, OR 213
IDENTIFICATION CARD TO SUBMIT THE APPLICANT'S SOCIAL SECURITY 214
NUMBER, IF ONE HAS BEEN ASSIGNED;
(2) VERIFY THAT THE NUMBER IS VALID. 216
Sec. 4503.181. (A) As used in this section, "historical 225
motor vehicle" means any motor vehicle that is more than 226
twenty-five years old and that is owned solely as a collector's 227
item and for participation in club activities, exhibitions, 229
tours, parades, and similar uses, but in no event is used for 230
general transportation.
(B) In lieu of the annual license tax levied in sections 232
4503.02 and 4503.04 of the Revised Code, a license fee of ten 234
dollars is levied on the operation of an historical motor 235
vehicle. 236
(C) A person who owns an historical motor vehicle and 239
applies for license plates under this section shall execute an 240
affidavit that the vehicle for which plates are requested is 241
owned and operated solely for the purposes enumerated in division 242
(A) of this section, and also setting forth in the affidavit that 243
the vehicle has been inspected and found safe to operate on the 244
public roads and highways in the state. A person who owns an 245
historical motor vehicle who AND desires to display model year 247
license plates on the vehicle as permitted by this section shall 248
execute at the time of registration an affidavit setting forth 249
that the model year license plates the person desires to display 251
on the person's historical motor vehicle are legible and 252
serviceable license plates that originally were issued by this 253
state. No registration issued pursuant to this section need
specify the weight of the vehicle. 254
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(D) A vehicle registered under this section may display 256
historical vehicle license plates issued by the registrar of 257
motor vehicles or model year license plates procured by the 258
applicant. Historical vehicle license plates shall NOT bear no A 260
date, but shall bear the inscription "Historical Vehicle--Ohio" 261
and the registration number, which shall be shown thereon. Model 262
year license plates shall be legible and serviceable license 263
plates issued by this state and inscribed with the date of the 264
year corresponding to the model year when the vehicle was 265
manufactured. Notwithstanding section 4503.21 of the Revised 266
Code, only one model year license plate is required to be 267
displayed on the rear of the historical motor vehicle at all 268
times. The registration certificate AND THE HISTORICAL VEHICLE 269
LICENSE PLATES ISSUED BY THE REGISTRAR shall be kept in the 270
vehicle at all times the vehicle is operated on the public roads 272
and highways in this state.
Notwithstanding section 4503.21 of the Revised Code, the 274
owner of an historical motor vehicle that was manufactured for 275
military purposes and that is registered under this section may 276
display the assigned registration number of the vehicle by 277
painting the number on the front and rear of the vehicle. The 278
number shall be painted, in accordance with the size and style 279
specifications established for numerals and letters shown on 280
license plates in section 4503.22 of the Revised Code, in a color 281
that contrasts clearly with the color of the vehicle, and shall 282
be legible and visible at all times. Upon application for 283
registration under this section and payment of the license fee 284
prescribed in division (B) of this section, the owner of such an 285
historical motor vehicle shall be issued historical vehicle 286
license plates. The registration certificate and at least one 287
such license plate shall be kept in the vehicle at all times the 288
vehicle is operated on the public roads and highways in this 290
state. If ownership of such a vehicle is transferred, the 291
transferor shall surrender the historical vehicle license plates 292
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OR TRANSFER THEM TO ANOTHER HISTORICAL MOTOR VEHICLE THE 293
TRANSFEROR OWNS, and remove or obliterate the registration 294
numbers painted on the vehicle. 296
(E) Historical vehicle and model year license plates are 298
valid without renewal as long as the vehicle for which they were 300
issued or procured is in existence. The historical HISTORICAL 301
vehicle plates are issued for the applicant's OWNER'S use only 303
for such vehicle UNLESS LATER TRANSFERRED TO ANOTHER HISTORICAL 305
MOTOR VEHICLE OWNED BY THAT PERSON. IN ORDER TO EFFECT SUCH A 306
TRANSFER, THE OWNER OF THE HISTORICAL MOTOR VEHICLE THAT 307
ORIGINALLY DISPLAYED THE HISTORICAL VEHICLE PLATES SHALL COMPLY 308
WITH DIVISION (C) OF THIS SECTION. In the event of a transfer of 310
title, the transferor shall surrender historical vehicle license 311
plates OR TRANSFER THEM TO ANOTHER HISTORICAL MOTOR VEHICLE OWNED 312
BY THE TRANSFEROR, but model year license plates may be retained 315
by the transferor. The registrar of motor vehicles may revoke 316
license plates issued under this section, for cause shown and 317
after hearing, for failure of the applicant to comply with this 318
section. Upon revocation, historical vehicle license plates 319
shall be surrendered; model year license plates may be retained, 320
but no longer are valid for display on the vehicle. 321
(F) The owner of an historical motor vehicle bearing 323
historical vehicle license plates may replace them with model 324
year license plates by surrendering the historical vehicle 325
license plates and motor vehicle certificate of registration to 326
the registrar. The owner, at the time of registration, shall 328
execute an affidavit setting forth that the model year plates are
legible and serviceable license plates that originally were 329
issued by this state. Such an owner is required to pay the 330
license fee prescribed by division (B) of this section, but the 332
owner is not required to have the historical motor vehicle 333
reinspected under division (C) of this section. 334
A person who owns an historical motor vehicle bearing model 337
year license plates may replace them with historical vehicle 338
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license plates by surrendering the motor vehicle certificate of 339
registration and applying for issuance of historical vehicle 340
license plates. Such a person is required to pay the license fee 342
prescribed by division (B) of this section, but the person is not 343
required to have the historical motor vehicle reinspected under 344
division (C) of this section.
Sec. 4506.01. As used in this chapter: 353
(A) "Alcohol concentration" means the concentration of 355
alcohol in a person's blood, breath, or urine. When expressed as 356
a percentage, it means grams of alcohol per the following: 357
(1) One hundred milliliters of blood; 359
(2) Two hundred ten liters of breath; 361
(3) One hundred milliliters of urine. 363
(B) "School bus" has the same meaning as in section 365
4511.01 of the Revised Code. 366
(C) "Commercial driver's license" means a license issued 368
in accordance with this chapter that authorizes an individual to 369
drive a commercial motor vehicle. 370
(D) "Commercial driver license information system" means 372
the information system established pursuant to the requirements 373
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 374
3207-171, 49 U.S.C.A. App. 2701. 375
(E) "Commercial EXCEPT WHEN USED IN SECTION 4506.25 OF THE 378
REVISED CODE, "COMMERCIAL motor vehicle" means any motor vehicle 381
designed or used to transport persons or property that meets any 382
of the following qualifications: 383
(1) Any combination of vehicles with a combined gross 385
vehicle weight rating of twenty-six thousand one pounds or more, 386
provided the gross vehicle weight rating of the vehicle or 387
vehicles being towed is in excess of ten thousand pounds; 388
(2) Any single vehicle with a gross vehicle weight rating 390
of twenty-six thousand one pounds or more, or any such vehicle 391
towing a vehicle having a gross vehicle weight rating that is not 392
in excess of ten thousand pounds; 393
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(3) Any single vehicle or combination of vehicles that is 395
not a class A or class B vehicle, but that either is designed to 396
transport sixteen or more passengers including the driver, or is 397
placarded for hazardous materials; 398
(4) Any school bus with a gross vehicle weight rating of 401
less than twenty-six thousand one pounds that is designed to 402
transport fewer than sixteen passengers including the driver; 403
(5) Is transporting hazardous materials for which 405
placarding is required by regulations adopted under the 406
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 407
49 U.S.C.A. 1801, as amended; 408
(6) Any single vehicle or combination of vehicles that is 410
designed to be operated and to travel on a public street or 411
highway and is considered by the federal highway administration 412
to be a commercial motor vehicle, including, but not limited to, 413
a motorized crane, a vehicle whose function is to pump cement, a 414
rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following: 416
(1) Any substance classified as a controlled substance 418
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 419
U.S.C.A. 802(6), as amended; 420
(2) Any substance included in schedules I through V of 21 422
C.F.R. part 1308, as amended; 423
(3) Any drug of abuse. 425
(G) "Conviction" means an unvacated adjudication of guilt 427
or a determination that a person has violated or failed to comply 428
with the law in a court of original jurisdiction, an unvacated 429
forfeiture of bail or collateral deposited to secure the person's 431
appearance in court, the payment of a fine or court cost, or 432
violation of a condition of release without bail, regardless of 433
whether or not the penalty is rebated, suspended, or probated. 434
(H) "Disqualification" means withdrawal of the privilege 436
to drive a commercial motor vehicle. 437
(I) "Drive" means to drive, operate, or be in physical 439
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control of a motor vehicle. 440
(J) "Driver" means any person who drives, operates, or is 442
in physical control of a commercial motor vehicle or is required 443
to have a commercial driver's license. 444
(K) "Driver's license" means a license issued by the 446
bureau of motor vehicles that authorizes an individual to drive. 447
(L) "Drug of abuse" means any controlled substance, 449
dangerous drug as defined in section 4729.02 of the Revised Code, 450
or over-the-counter medication that, when taken in quantities 451
exceeding the recommended dosage, can result in impairment of 452
judgment or reflexes. 453
(M) "Employer" means any person, including the federal 455
government, any state, and a political subdivision of any state, 456
that owns or leases a commercial motor vehicle or assigns a 457
person to drive such a motor vehicle. 458
(N) "Endorsement" means an authorization on a person's 460
commercial driver's license that is required to permit the person 461
to operate a specified type of commercial motor vehicle. 462
(O) "Felony" means any offense under federal or state law 464
that is punishable by death or specifically classified as a 465
felony under the law of this state, regardless of the penalty 466
that may be imposed. 467
(P) "Foreign jurisdiction" means any jurisdiction other 469
than a state. 470
(Q) "Gross vehicle weight rating" means the value 472
specified by the manufacturer as the maximum loaded weight of a 473
single or a combination vehicle. The gross vehicle weight rating 474
of a combination vehicle is the gross vehicle weight rating of 475
the power unit plus the gross vehicle weight rating of each towed 476
unit. 477
(R) "Hazardous materials" means materials identified as 479
such under regulations adopted under the "Hazardous Materials 480
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as 481
amended. 482
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(S) "Motor vehicle" has the same meaning as in section 484
4511.01 of the Revised Code. 485
(T) "Out-of-service EXCEPT WHEN USED IN SECTIONS 4506.25 488
AND 4506.26 OF THE REVISED CODE, "OUT-OF-SERVICE order" means a 491
temporary prohibition against driving a commercial motor vehicle 492
issued under this chapter or a similar law of another state or of 493
a foreign jurisdiction. 494
(U) "Residence" means any person's residence determined in 496
accordance with standards prescribed in rules adopted by the 498
registrar.
(V) "Temporary residence" means residence on a temporary 500
basis as determined by the registrar in accordance with standards 501
prescribed in rules adopted by the registrar. 502
(W) "Serious traffic violation" means a conviction arising 504
from the operation of a commercial motor vehicle that involves 505
any of the following: 506
(1) A single charge of any speed that is in excess of the 508
posted speed limit by an amount specified by the United States 509
secretary of transportation and that the director of public 510
safety designates as such by rule; 511
(2) Violation of section 4511.20, 4511.201, or 4511.202 of 513
the Revised Code or any similar ordinance or resolution, or of 514
any similar law of another state or political subdivision of 515
another state; 516
(3) Violation of a law of this state or an ordinance or 518
resolution relating to traffic control, other than a parking 519
violation, or of any similar law of another state or political 520
subdivision of another state, that results in a fatal accident; 521
(4) Violation of any other law of this state or an 523
ordinance or resolution relating to traffic control, other than a 524
parking violation, that is determined to be a serious traffic 525
violation by the United States secretary of transportation and 526
the director designates as such by rule. 527
(X) "State" means a state of the United States and 529
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includes the District of Columbia. 530
(Y) "Tank vehicle" means any commercial motor vehicle that 532
is designed to transport any liquid or gaseous materials within a 533
tank that is either permanently or temporarily attached to the 534
vehicle or its chassis, but does not include any portable tank 535
having a rated capacity of less than one thousand gallons. 536
(Z) "United States" means the fifty states and the 538
District of Columbia. 539
(AA) "Vehicle" has the same meaning as in section 4511.01 541
of the Revised Code. 542
(BB) "Peace officer" has the same meaning as in section 544
2935.01 of the Revised Code. 545
Sec. 4506.02. (A) Nothing in this chapter applies to any 554
person when engaged in the operation of any of the following: 555
(1) A farm truck; 557
(2) Fire equipment for a fire department, volunteer or 559
nonvolunteer fire company, fire district, or joint fire district; 560
(3) A public safety vehicle used to provide transportation 562
or emergency medical service for ill or injured persons; 563
(4) A recreational vehicle; 565
(5) A commercial motor vehicle within the boundaries of an 567
eligible unit of local government, if the person is employed by 568
the eligible unit of local government and is operating the 569
commercial motor vehicle for the purpose of removing snow or ice 570
from a roadway by plowing, sanding, or salting, but only if 571
either the employee who holds a commercial driver's license
issued under this chapter and ordinarily operates a commercial 572
motor vehicle for these purposes is unable to operate the 573
vehicle, or the employing eligible unit of local government 574
determines that a snow or ice emergency exists that requires
additional assistance; 575
(6) A vehicle owned by the department of defense and 577
operated by any member or uniformed employee of the armed forces 578
of the United States or their reserve components, including the 579
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Ohio national guard. This exception does not apply to United 580
States reserve technicians.
(7) A COMMERCIAL MOTOR VEHICLE THAT IS OPERATED FOR 583
NONBUSINESS PURPOSES. "OPERATED FOR NONBUSINESS PURPOSES" MEANS 584
THAT THE COMMERCIAL MOTOR VEHICLE IS NOT USED IN COMMERCE AS 585
"COMMERCE" IS DEFINED IN 49 C.F.R. 383.5, AS AMENDED, AND IS NOT 587
REGULATED BY THE PUBLIC UTILITIES COMMISSION PURSUANT TO CHAPTER 588
4919., 4921., OR 4923. OF THE REVISED CODE. 591
Nothing contained in division (A)(5) of this section shall 593
be construed as preempting or superseding any law, rule, or 594
regulation of this state concerning the safe operation of 595
commercial motor vehicles.
(B) As used in this section: 597
(1) "Eligible unit of local government" means a village, 599
township, or county that has a population of not more than three 600
thousand persons according to the most recent federal census. 601
(2) "Farm truck" means a truck controlled and operated by 603
a farmer for use in the transportation to or from a farm, for a 604
distance of no more than one hundred fifty miles, of products of 605
the farm, including livestock and its products, poultry and its 606
products, floricultural and horticultural products, and in the 607
transportation to the farm, from a distance of no more than one 608
hundred fifty miles, of supplies for the farm, including tile, 609
fence, and every other thing or commodity used in agricultural, 610
floricultural, horticultural, livestock, and poultry production, 611
and livestock, poultry, and other animals and things used for 612
breeding, feeding, or other purposes connected with the operation 613
of the farm, when the truck is operated in accordance with this 614
division and is not used in the operations of a motor 615
transportation company or private motor carrier. 616
(3) "Public safety vehicle" has the same meaning as in 618
divisions (E)(1) and (3) of section 4511.01 of the Revised Code. 619
(4) "Recreational vehicle" includes every vehicle that is 621
defined as a recreational vehicle in section 4501.01 of the 622
15
Revised Code and is used exclusively for purposes other than 623
engaging in business for profit. 624
Sec. 4506.11. (A) Every commercial driver's license shall 633
be marked "commercial driver's license" or "CDL" and shall be of 634
such material and so designed as to prevent its reproduction or 635
alteration without ready detection, and, to this end, shall be 636
laminated with a transparent plastic material. The commercial 637
driver's license for licensees under twenty-one years of age 638
shall have characteristics prescribed by the registrar of motor 639
vehicles distinguishing it from that issued to a licensee who is 640
twenty-one years of age or older. Every commercial driver's 642
license shall contain DISPLAY all of the following information: 643
(1) The name and residence address of the licensee; 645
(2) A color photograph of the licensee; 647
(3) A physical description of the licensee, including sex, 650
height, weight, and color of eyes and hair; 651
(4) The licensee's date of birth; 653
(5) The licensee's social security number and any A number 655
or other identifier the director of public safety considers 656
appropriate and establishes by rules adopted under Chapter 119. 657
of the Revised Code and in compliance with federal law, AND IF 658
REQUIRED BY FEDERAL LAW OR IF REQUESTED BY THE LICENSEE, THE 660
LICENSEE'S SOCIAL SECURITY NUMBER; 661
(6) The licensee's signature; 663
(7) The classes of commercial motor vehicles the licensee 665
is authorized to drive and any endorsements or restrictions 666
relating to his THE LICENSEE'S driving of those vehicles; 667
(8) A space marked "blood type" in which the licensee may 669
specify his THE LICENSEE'S blood type; 670
(9) The name of this state; 672
(10) The dates of issuance and of expiration of the 674
license; 675
(11) If the licensee has certified willingness to make an 677
anatomical donation under section 2108.04 of the Revised Code, 678
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any symbol chosen by the registrar of motor vehicles to indicate 679
that the licensee has certified that willingness; 680
(12) On and after May 1, 1993, if IF the licensee has 682
executed a durable power of attorney for health care or a 683
declaration governing the use or continuation, or the withholding 684
or withdrawal, of life-sustaining treatment and has specified 685
that he THE LICENSEE wishes his THE license to indicate that he 687
THE LICENSEE has executed either type of instrument, any symbol 688
chosen by the registrar to indicate that the licensee has 689
executed either type of instrument;
(13) Any other information the registrar considers 691
advisable and requires by rule. 692
(B) The registrar may establish and maintain a file of 694
negatives of photographs taken for the purposes of this section. 695
(C) Neither the registrar nor any deputy registrar shall 697
issue a commercial driver's license to anyone under twenty-one 698
years of age that does not have the characteristics prescribed by 699
the registrar distinguishing it from the commercial driver's 700
license issued to persons who are twenty-one years of age or 701
older.
Sec. 4506.25. (A) AS USED IN THIS SECTION: 704
(1) "COMMERCIAL MOTOR VEHICLE" MEANS ANY SELF-PROPELLED OR 707
TOWED VEHICLE USED ON PUBLIC HIGHWAYS IN INTRASTATE OR INTERSTATE 708
COMMERCE TO TRANSPORT PASSENGERS OR PROPERTY THAT MEETS ANY OF 709
THE FOLLOWING SPECIFICATIONS:
(a) THE VEHICLE HAS A GROSS VEHICLE WEIGHT RATING OR GROSS 712
COMBINATION WEIGHT RATING OF TEN THOUSAND ONE POUNDS OR MORE. 713
(b) THE VEHICLE IS DESIGNED TO TRANSPORT SIXTEEN OR MORE 716
PASSENGERS, INCLUDING THE DRIVER.
(c) THE VEHICLE IS USED IN THE TRANSPORTATION OF HAZARDOUS 719
MATERIALS IN A QUANTITY REQUIRING PLACARDING UNDER THE
REGULATIONS ISSUED BY THE UNITED STATES SECRETARY OF 722
TRANSPORTATION UNDER THE "HAZARDOUS MATERIALS TRANSPORTATION 727
ACT," 88 STAT. 2156 (1975), 49 U.S.C.A. 1801, AS AMENDED. 730
17
(2) "OUT-OF-SERVICE ORDER" MEANS A DECLARATION BY AN 732
AUTHORIZED ENFORCEMENT OFFICER OF A FEDERAL, STATE, LOCAL, 734
CANADIAN, OR MEXICAN JURISDICTION DECLARING THAT A DRIVER, 736
COMMERCIAL MOTOR VEHICLE, OR COMMERCIAL MOTOR CARRIER OPERATION 737
IS OUT OF SERVICE PURSUANT TO 49 C.F.R. 386.72, 392.5, 395.13, OR 739
396.9, AS AMENDED, LAWS EQUIVALENT TO THOSE PROVISIONS, OR THE 740
NORTH AMERICAN UNIFORM OUT-OF-SERVICE CRITERIA. 742
(B) THE REGISTRAR OF MOTOR VEHICLES SHALL DISQUALIFY ANY 745
PERSON FROM OPERATING A COMMERCIAL MOTOR VEHICLE WHO RECEIVES A 746
NOTICE OF A CONVICTION FOR VIOLATION OF AN OUT-OF-SERVICE ORDER 747
ISSUED UNDER RULES OF THE PUBLIC UTILITIES COMMISSION ADOPTED 748
PURSUANT TO SECTION 4919.79, 4921.04, OR 4923.20 OF THE REVISED 751
CODE, OR A CONVICTION FOR A VIOLATION OF THE SAME OR SIMILAR LAWS 752
OF ANOTHER STATE OR JURISDICTION APPLICABLE TO VEHICLES IN 753
REGULATED COMMERCE. 754
Sec. 4506.26. (A) AS USED IN THIS SECTION, 757
"OUT-OF-SERVICE ORDER" HAS THE SAME MEANING AS IN DIVISION (A)(2) 758
OF SECTION 4506.25 OF THE REVISED CODE. 761
(B) ANY PERSON WHO IS FOUND TO HAVE BEEN CONVICTED OF A 764
VIOLATION OF AN OUT-OF-SERVICE ORDER SHALL BE DISQUALIFIED BY THE 765
REGISTRAR OF MOTOR VEHICLES AS FOLLOWS: 766
(1) IF THE PERSON HAS NOT BEEN CONVICTED PREVIOUSLY OF A 768
VIOLATION OF AN OUT-OF-SERVICE ORDER, THE PERIOD OF 769
DISQUALIFICATION IS NINETY DAYS. 770
(2) IF, DURING ANY TEN-YEAR PERIOD, THE DRIVER IS 772
CONVICTED OF A SECOND VIOLATION OF AN OUT-OF-SERVICE ORDER IN AN 773
INCIDENT SEPARATE FROM THE INCIDENT THAT RESULTED IN THE FIRST 774
VIOLATION, THE PERIOD OF DISQUALIFICATION IS ONE YEAR. 776
(3) IF, DURING ANY TEN-YEAR PERIOD, THE DRIVER IS 778
CONVICTED OF A THIRD OR SUBSEQUENT VIOLATION OF AN OUT-OF-SERVICE 780
ORDER IN AN INCIDENT SEPARATE FROM THE INCIDENTS THAT RESULTED IN 781
THE PREVIOUS VIOLATIONS DURING THAT TEN-YEAR PERIOD, THE PERIOD 782
OF DISQUALIFICATION IS THREE YEARS. 783
(C)(1) A DRIVER IS DISQUALIFIED FOR ONE HUNDRED EIGHTY 786
18
DAYS IF THE DRIVER IS CONVICTED OF A FIRST VIOLATION OF AN 788
OUT-OF-SERVICE ORDER WHILE TRANSPORTING HAZARDOUS MATERIALS 789
REQUIRED TO BE PLACARDED UNDER THE "HAZARDOUS MATERIALS 792
TRANSPORTATION ACT," 88 STAT. 2156 (1975), 49 U.S.C.A. 1801, AS 796
AMENDED, OR WHILE OPERATING A MOTOR VEHICLE DESIGNED TO TRANSPORT 797
SIXTEEN OR MORE PASSENGERS, INCLUDING THE DRIVER. 798
(2) A DRIVER IS DISQUALIFIED FOR A PERIOD OF THREE YEARS 801
IF, DURING ANY TEN-YEAR PERIOD, THE DRIVER IS CONVICTED OF A 802
SECOND OR SUBSEQUENT VIOLATION, IN AN INCIDENT SEPARATE FROM THE 803
INCIDENT THAT RESULTED IN A PREVIOUS VIOLATION DURING THAT 804
TEN-YEAR PERIOD, OF AN OUT-OF-SERVICE ORDER WHILE TRANSPORTING 805
HAZARDOUS MATERIALS REQUIRED TO BE PLACARDED UNDER THAT ACT, OR 806
WHILE OPERATING A MOTOR VEHICLE DESIGNED TO TRANSPORT SIXTEEN OR 807
MORE PASSENGERS, INCLUDING THE DRIVER. 808
Sec. 4507.13. (A) The registrar of motor vehicles shall 819
issue a driver's license to every person licensed as an operator 820
of motor vehicles other than commercial motor vehicles. No 821
person licensed as a commercial motor vehicle driver under 822
Chapter 4506. of the Revised Code need procure a driver's 823
license, but no person shall drive any commercial motor vehicle 824
unless licensed as a commercial motor vehicle driver. 825
Every driver's license shall bear DISPLAY on it the 827
distinguishing number assigned to the licensee and shall contain 829
DISPLAY the licensee's name, AND date of birth,; THE LICENSEE'S 831
social security number if such number has been assigned AND IF 834
THE LICENSEE REQUESTS THAT THE SOCIAL SECURITY NUMBER APPEAR ON 835
THE DRIVER'S LICENSE OR IF REQUIRED BY FEDERAL LAW; the 836
licensee's residence address and county of residence; a color 837
photograph of the licensee; a brief description of the licensee 838
for the purpose of identification; a facsimile of the signature 839
of the licensee as it appears on the application for the license; 840
a space marked "blood type" in which a licensee may specify the 841
licensee's blood type; a notation, in a manner prescribed by the 842
registrar, indicating any condition described in division (D) of 843
19
section 4507.08 of the Revised Code to which the licensee is 844
subject; on and after May 1, 1993, if the licensee has executed a 845
durable power of attorney for health care or a declaration 846
governing the use or continuation, or the withholding or 847
withdrawal, of life-sustaining treatment and has specified that 848
the licensee wishes the license to indicate that the licensee has 850
executed either type of instrument, any symbol chosen by the 851
registrar to indicate that the licensee has executed either type 852
of instrument; and any additional information that the registrar 853
requires by rule.
The driver's license for licensees under twenty-one years 855
of age shall have characteristics prescribed by the registrar 856
distinguishing it from that issued to a licensee who is 857
twenty-one years of age or older, except that a driver's license 858
issued to a person who applies no more than thirty days before 859
the applicant's twenty-first birthday shall have the
characteristics of a license issued to a person who is twenty-one 860
year YEARS of age or older. 861
The driver's license issued to a temporary resident shall 863
contain the word "nonrenewable" and shall have any additional 864
characteristics prescribed by the registrar distinguishing it 865
from a license issued to a resident.
Every driver's or commercial driver's license bearing 867
DISPLAYING a motorcycle operator's endorsement and every 869
restricted license to operate a motor vehicle also shall bear 870
DISPLAY the designation "novice," if the endorsement or license 872
is issued to a person who is eighteen years of age or older and 873
previously has not been licensed to operate a motorcycle by this 874
state or another jurisdiction recognized by this state. The 875
"novice" designation shall be effective for one year after the 876
date of issuance of the motorcycle operator's endorsement or 877
license.
Each license issued under this section shall be of such 879
material and so designed as to prevent its reproduction or 880
20
alteration without ready detection and, to this end, shall be 881
laminated with a transparent plastic material. 882
(B) Except in regard to a driver's license issued to a 884
person who applies no more than thirty days before the 885
applicant's twenty-first birthday, neither the registrar nor any 886
deputy registrar shall issue a driver's license to anyone under 888
twenty-one years of age that does not have the characteristics 889
prescribed by the registrar distinguishing it from the driver's 890
license issued to persons who are twenty-one years of age or
older. 891
Sec. 4507.50. (A) The registrar of motor vehicles or a 900
deputy registrar, upon receipt of an application filed in 901
compliance with section 4507.51 of the Revised Code by any person 902
who is a resident or a temporary resident of this state and, 903
except as otherwise provided in this section, is not licensed as 904
an operator of a motor vehicle in this state or another licensing 905
jurisdiction, and, EXCEPT AS PROVIDED IN DIVISION (B) OF THIS 906
SECTION, upon receipt of a fee of three dollars and fifty cents, 907
shall issue an identification card to that person. 908
Any person who is a resident or temporary resident of this 910
state whose Ohio driver's or commercial driver's license has been 911
suspended or revoked, upon application in compliance with section 912
4507.51 of the Revised Code and, EXCEPT AS PROVIDED IN DIVISION 913
(B) IF THIS SECTION, payment of a fee of three dollars and fifty 915
cents, may be issued a temporary identification card. The
temporary identification card shall be identical to an 916
identification card, except that it shall be printed on its face 917
with a statement that the card is valid during the effective 918
dates of the suspension or revocation of the cardholder's 919
license, or until the birthday of the cardholder in the fourth 920
year after the date on which it is issued, whichever is shorter. 921
The cardholder shall surrender the identification card to the 923
registrar or any deputy registrar before the cardholder's 924
driver's or commercial driver's license is restored or reissued. 925
21
The EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION, THE 928
deputy registrar shall be allowed a fee of two dollars and 929
twenty-five cents for each identification card issued under this 930
section. The fee allowed to the deputy registrar shall be in 931
addition to the fee for issuing an identification card.
Neither the registrar nor any deputy registrar shall charge 933
a fee in excess of one dollar and fifty cents for laminating an 934
identification card or temporary identification card. A deputy 935
registrar laminating such a card shall retain the entire amount 936
of the fee charged for lamination, less the actual cost to the 937
registrar of the laminating materials used for that lamination, 938
as specified in the contract executed by the bureau for the 939
laminating materials and laminating equipment. The deputy 940
registrar shall forward the amount of the cost of the laminating 941
materials to the registrar for deposit as provided in this 942
section. 943
The fee collected for issuing an identification card under 945
this section, except the fee allowed to the deputy registrar, 946
shall be paid into the state treasury to the credit of the state 947
bureau of motor vehicles fund created in section 4501.25 of the 948
Revised Code. 949
(B) A DISABLED VETERAN WHO HAS A SERVICE-CONNECTED 952
DISABILITY RATED AT ONE HUNDRED PER CENT BY THE VETERANS' 953
ADMINISTRATION MAY APPLY TO THE REGISTRAR OR A DEPUTY REGISTRAR 954
FOR THE ISSUANCE TO THAT VETERAN OF AN IDENTIFICATION CARD OR A 955
TEMPORARY IDENTIFICATION CARD UNDER THIS SECTION WITHOUT PAYMENT 956
OF ANY FEE PRESCRIBED IN DIVISION (A) OF THIS SECTION, INCLUDING 957
ANY LAMINATION FEE. 958
IF THE IDENTIFICATION CARD OR TEMPORARY IDENTIFICATION CARD 961
OF A DISABLED VETERAN DESCRIBED IN THIS DIVISION IS LAMINATED BY 962
A DEPUTY REGISTRAR WHO IS ACTING AS A DEPUTY REGISTRAR PURSUANT 963
TO A CONTRACT WITH THE REGISTRAR THAT IS IN EFFECT ON THE 964
EFFECTIVE DATE OF THIS AMENDMENT, THE DISABLED VETERAN SHALL PAY 965
THE DEPUTY REGISTRAR THE LAMINATION FEE PRESCRIBED IN DIVISION 967
22
(A) OF THIS SECTION. IF THE IDENTIFICATION CARD OR TEMPORARY 968
IDENTIFICATION CARD IS LAMINATED BY A DEPUTY REGISTRAR WHO IS 969
ACTING AS A DEPUTY REGISTRAR PURSUANT TO A CONTRACT WITH THE 970
REGISTRAR THAT IS EXECUTED AFTER THE EFFECTIVE DATE OF THIS 971
AMENDMENT, THE DISABLED VETERAN IS NOT REQUIRED TO PAY THE DEPUTY 972
REGISTRAR THE LAMINATION FEE PRESCRIBED IN DIVISION (A) OF THIS 974
SECTION.
A DISABLED VETERAN WHOSE IDENTIFICATION CARD OR TEMPORARY 977
IDENTIFICATION CARD IS LAMINATED BY THE REGISTRAR IS NOT REQUIRED 978
TO PAY THE REGISTRAR ANY LAMINATION FEE.
AN APPLICATION MADE UNDER DIVISION (A) OF THIS SECTION 981
SHALL BE ACCOMPANIED BY SUCH DOCUMENTARY EVIDENCE OF DISABILITY 982
AS THE REGISTRAR MAY REQUIRE BY RULE. 983
Sec. 4507.51. (A)(1) Every application for an 992
identification card or duplicate shall be made on a form 993
furnished by the registrar of motor vehicles, shall be signed by 994
the applicant, and by his THE APPLICANT'S parent or guardian if 995
the applicant is under eighteen years of age, and shall contain 997
the following information pertaining to the applicant: name, 998
date of birth, sex, general description including the applicant's 999
height, weight, hair color, and eye color, address, SOCIAL 1,000
SECURITY NUMBER, and at the option of the applicant, his social 1,002
security number, his blood type, or his social security number 1,004
and his THE APPLICANT'S blood type. The application form shall 1,006
state that an applicant is not required to furnish his social 1,007
security number or his THE APPLICANT'S blood type. The
application shall also SHALL state whether an applicant wishes to 1,009
certify willingness to make an anatomical gift under section 1,010
2108.04 of the Revised Code and shall include information about 1,011
the requirements of that section that apply to persons who are 1,012
less than eighteen years of age. The statement regarding 1,013
willingness to make such a donation shall be given no 1,015
consideration in the decision of whether to issue an 1,016
identification card. Each applicant shall be photographed in 1,017
23
color at the time of making application.
(2) On and after May 1, 1993, the THE application also 1,019
shall state whether the applicant has executed a valid durable 1,020
power of attorney for health care pursuant to sections 1337.11 to 1,022
1337.17 of the Revised Code or has executed a declaration 1,023
governing the use or continuation, or the withholding or 1,024
withdrawal, of life-sustaining treatment pursuant to Chapter 1,025
2133. of the Revised Code and, if the applicant has executed 1,026
either type of instrument, whether he THE APPLICANT wishes his 1,027
THE identification card to indicate that he THE APPLICANT has 1,030
executed the instrument.
(3) The registrar or deputy registrar, in accordance with 1,032
section 3503.11 of the Revised Code, shall register as an elector 1,034
any person who applies for an identification card or duplicate if 1,035
the applicant is eligible and wishes to be registered as an 1,036
elector. The decision of an applicant whether to register as an 1,037
elector shall be given no consideration in the decision of 1,038
whether to issue him THE APPLICANT an identification card or 1,039
duplicate. 1,040
(B) The application for an identification card or 1,042
duplicate shall be filed in the office of the registrar or deputy 1,044
registrar. Each applicant shall present documentary evidence as 1,045
required by the registrar of his THE APPLICANT'S age and 1,047
identity. Each applicant who did not enter his social security 1,048
number on his application form, upon request, shall furnish the 1,050
registrar or the deputy registrar with the applicant's social 1,051
security number, if such a number has been assigned to the 1,053
applicant, for purposes of determining whether a driver's or 1,055
commercial driver's license has been issued under the same social 1,056
security number. The registrar or deputy registrar shall not 1,057
maintain the social security number as a part of the record or 1,058
enter it on the application form. The, AND THE applicant shall 1,059
swear that all information given is true. 1,061
All applications for an identification card or duplicate 1,063
24
shall be filed in duplicate, and if submitted to a deputy 1,064
registrar, a copy shall be forwarded to the registrar. The 1,065
registrar shall prescribe rules for the manner in which a deputy 1,066
registrar is to file and maintain applications and other records. 1,067
The registrar shall maintain a suitable, indexed record of all 1,068
applications denied and cards issued or canceled. 1,069
Sec. 4507.52. Each identification card issued by the 1,078
registrar of motor vehicles or a deputy registrar shall bear 1,079
DISPLAY a distinguishing number assigned to the cardholder, and 1,081
shall contain DISPLAY the following inscription: 1,082
"STATE OF OHIO IDENTIFICATION CARD 1,084
This card is not valid for the purpose of operating a motor 1,086
vehicle. It is provided solely for the purpose of establishing 1,087
the identity of the bearer described on the card, who currently 1,088
is not licensed to operate a motor vehicle in the state of Ohio." 1,089
The identification card shall bear DISPLAY substantially 1,091
the same information as contained in the application and as 1,093
described in division (A)(1) of section 4507.51 of the Revised 1,094
Code and, EXCEPT THAT NO IDENTIFICATION CARD SHALL DISPLAY ON IT 1,096
THE APPLICANT'S SOCIAL SECURITY NUMBER UNLESS SO REQUESTED BY THE 1,097
APPLICANT. THE IDENTIFICATION CARD ALSO shall contain DISPLAY 1,100
the color photograph of the cardholder. On and after May 1, 1,101
1993, if IF the cardholder has executed a durable power of 1,103
attorney for health care or a declaration governing the use or 1,104
continuation, or the withholding or withdrawal, of 1,105
life-sustaining treatment and has specified that the cardholder 1,106
wishes the identification card to indicate that the cardholder 1,107
has executed either type of instrument, the card also shall 1,108
contain DISPLAY any symbol chosen by the registrar to indicate 1,110
that the cardholder has executed either type of instrument. The 1,111
card shall be sealed in transparent plastic or similar material 1,112
and shall be so designed as to prevent its reproduction or 1,113
alteration without ready detection. 1,114
The identification card for persons under twenty-one years 1,116
25
of age shall have characteristics prescribed by the registrar 1,117
distinguishing it from that issued to a person who is twenty-one 1,118
years of age or older, except that an identification card issued 1,119
to a person who applies no more than thirty days before the 1,120
applicant's twenty-first birthday shall have the characteristics
of an identification card issued to a person who is twenty-one 1,121
years of age or older. 1,122
Every identification card issued to a resident of this 1,124
state shall expire, unless canceled or surrendered earlier, on 1,126
the birthday of the cardholder in the fourth year after the date 1,127
on which it is issued. Every identification card issued to a 1,128
temporary resident shall expire in accordance with rules adopted 1,129
by the registrar and is nonrenewable, but may be replaced with a
new identification card upon the applicant's compliance with all 1,130
applicable requirements. A cardholder may renew the cardholder's 1,132
identification card within ninety days prior to the day on which 1,133
it expires by filing an application and paying the prescribed fee 1,134
in accordance with section 4507.50 of the Revised Code. 1,135
If a cardholder applies for a driver's or commercial 1,137
driver's license in this state or another licensing jurisdiction, 1,138
the cardholder shall surrender the cardholder's identification 1,140
card to the registrar or any deputy registrar before the license 1,141
is issued.
If a card is lost, destroyed, or mutilated, the person to 1,143
whom the card was issued may obtain a duplicate by doing both of 1,144
the following: 1,145
(A) Furnishing suitable proof of the loss, destruction, or 1,147
mutilation to the registrar or a deputy registrar; 1,148
(B) Filing an application and presenting documentary 1,150
evidence under section 4507.51 of the Revised Code. 1,151
Any person who loses a card and, after obtaining a 1,153
duplicate, finds the original, immediately shall surrender the 1,155
original to the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card 1,157
26
that reflects any change of the cardholder's name by furnishing 1,159
suitable proof of the change to the registrar or a deputy 1,160
registrar and surrendering the cardholder's existing card. 1,161
When a cardholder applies for a duplicate or obtains a 1,163
replacement identification card, the cardholder shall pay a fee 1,165
of two dollars and fifty cents. A deputy registrar shall be 1,166
allowed an additional fee of two dollars and twenty-five cents 1,167
for issuing a duplicate or replacement identification card. A 1,170
DISABLED VETERAN WHO IS A CARDHOLDER AND HAS A SERVICE-CONNECTED 1,171
DISABILITY RATED AT ONE HUNDRED PER CENT BY THE VETERANS' 1,172
ADMINISTRATION MAY APPLY TO THE REGISTRAR OR A DEPUTY REGISTRAR 1,173
FOR THE ISSUANCE OF A DUPLICATE OR REPLACEMENT IDENTIFICATION 1,174
CARD WITHOUT PAYMENT OF ANY FEE PRESCRIBED IN THIS SECTION, AND 1,175
WITHOUT PAYMENT OF ANY LAMINATION FEE IF THE DISABLED VETERAN 1,176
WOULD NOT BE REQUIRED TO PAY A LAMINATION FEE IN CONNECTION WITH 1,177
THE ISSUANCE OF AN IDENTIFICATION CARD OR TEMPORARY 1,178
IDENTIFICATION CARD AS PROVIDED IN DIVISION (B) OF SECTION 1,179
4507.50 OF THE REVISED CODE. 1,181
A duplicate or replacement identification card shall expire 1,183
on the same date as the card it replaces. 1,184
The registrar shall cancel any card upon determining that 1,186
the card was obtained unlawfully, issued in error, or was 1,187
altered. The registrar also shall cancel any card that is 1,189
surrendered to the registrar or to a deputy registrar after the 1,190
holder has obtained a duplicate, replacement, or driver's or 1,192
commercial driver's license. 1,193
No agent of the state or its political subdivisions shall 1,195
condition the granting of any benefit, service, right, or 1,196
privilege upon the possession by any person of an identification 1,197
card. Nothing in this section shall preclude any publicly 1,198
operated or franchised transit system from using an 1,199
identification card for the purpose of granting benefits or 1,200
services of the system. 1,201
No person shall be required to apply for, carry, or possess 1,203
27
an identification card. 1,204
(C) Except in regard to an identification card issued to a 1,206
person who applies no more than thirty days before the 1,207
applicant's twenty-first birthday, neither the registrar nor any 1,208
deputy registrar shall issue an identification card to a person 1,209
under twenty-one years of age that does not have the 1,210
characteristics prescribed by the registrar distinguishing it 1,211
from the identification card issued to persons who are twenty-one 1,212
years of age or older.
Sec. 4509.01. As used in sections 4509.01 to 4509.78 of 1,221
the Revised Code: 1,222
(A) "Person" includes every natural person, firm, 1,224
partnership, association, or corporation. 1,225
(B) "Driver" means every person who drives or is in actual 1,227
physical control of a motor vehicle. 1,228
(C) "License" includes any license, permit, or privilege 1,230
to operate a motor vehicle issued under the laws of this state 1,231
including: 1,232
(1) Any temporary instruction permit or examiner's driving 1,234
permit; 1,235
(2) The privilege of any person to drive a motor vehicle 1,237
whether or not such person holds a valid license; 1,238
(3) Any nonresident's operating privilege. 1,240
(D) "Owner" means a person who holds the legal title of a 1,242
motor vehicle. If a motor vehicle is the subject of an agreement 1,243
for conditional sale or A lease with the right of purchase upon 1,244
performance of the conditions stated in the agreement and with an 1,245
immediate right of possession vested in the conditional vendee or 1,246
lessee, the vendee or lessee is the owner. If a mortgagor of A 1,248
PERSON LISTED AS THE OWNER ON A CERTIFICATE OF TITLE ON WHICH 1,249
THERE IS A NOTATION OF A SECURITY INTEREST IS THE OWNER. A BUYER 1,250
OR OTHER TRANSFEREE OF a motor vehicle is entitled to possession, 1,252
the mortgagor is WHO RECEIVES THE CERTIFICATE OF TITLE FROM THE 1,253
SELLER OR TRANSFEROR LISTING THE SELLER OR TRANSFEROR THEREON AS 1,254
28
THE OWNER WITH AN ASSIGNMENT OF TITLE TO THE BUYER OR TRANSFEREE 1,255
NONETHELESS IS THE OWNER EVEN THOUGH A SUBSEQUENT CERTIFICATE OF 1,256
TITLE HAS NOT BEEN ISSUED LISTING THE BUYER OR TRANSFEREE AS the 1,259
owner.
(E) "Registration" means registration certificates and 1,261
registration plates issued under the laws of this state 1,262
pertaining to the registration of motor vehicles. 1,263
(F) "Nonresident" means every person who is not a resident 1,265
of this state. 1,266
(G) "Nonresident's operating privilege" means the 1,268
privilege conferred upon a nonresident by the laws of this state 1,269
pertaining to the operation by such person of a motor vehicle, or 1,270
the use of a motor vehicle owned by such person, in this state. 1,271
(H) "Vehicle" means every device by which any person or 1,273
property may be transported upon a highway, except devices moved 1,274
by power collected from overhead electric trolley wires, or used 1,275
exclusively upon stationary rails or tracks, and except devices 1,276
other than bicycles moved by human power. 1,277
(I) "Motor vehicle" means every vehicle propelled by power 1,279
other than muscular power or power collected from overhead 1,280
electric trolley wires, except motorized bicycles, road rollers, 1,281
traction engines, power shovels, power cranes and other equipment 1,282
used in construction work and not designed for or employed in 1,283
general highway transportation, hole-digging machinery, 1,284
well-drilling machinery, ditch-digging machinery, farm machinery, 1,285
threshing machinery, hay baling machinery, and agricultural 1,286
tractors and machinery used in the production of horticultural, 1,287
floricultural, agricultural, and vegetable products. 1,288
(J) "Accident" or "motor vehicle accident" means any 1,290
accident involving a motor vehicle which results in bodily injury 1,291
to or death of any person, or damage to the property of any 1,292
person in excess of four hundred dollars. 1,293
(K) "Proof of financial responsibility" means proof of 1,295
ability to respond in damages for liability, on account of 1,296
29
accidents occurring subsequent to the effective date of such 1,297
proof, arising out of the ownership, maintenance, or use of a 1,298
motor vehicle in the amount of twelve thousand five hundred 1,299
dollars because of bodily injury to or death of one person in any 1,300
one accident, in the amount of twenty-five thousand dollars 1,301
because of bodily injury to or death of two or more persons in 1,302
any one accident, and in the amount of seven thousand five 1,303
hundred dollars because of injury to property of others in any 1,304
one accident. 1,305
(L) "Motor-vehicle liability policy" means an "owner's 1,307
policy" or an "operator's policy" of liability insurance, 1,308
certified as provided in section 4509.46 or 4509.47 of the 1,309
Revised Code as proof of financial responsibility, and issued, 1,310
except as provided in section 4509.47 of the Revised Code, by an 1,311
insurance carrier authorized to do business in this state, to or 1,312
for the benefit of the person named therein as insured. 1,313
Sec. 4511.091. (A) The driver of any motor vehicle which 1,322
THAT has been checked by radar, or by any electrical or 1,325
mechanical timing device to determine the speed of the motor 1,327
vehicle over a measured distance of the A highway or a measured 1,329
distance of a private road or driveway, and found to be in 1,330
violation of any of the provisions of section 4511.21 or 4511.211 1,332
of the Revised Code, may be arrested until a warrant can be 1,334
obtained, provided such THE ARRESTING officer has observed the 1,337
recording of the speed of such THE motor vehicle by the radio
microwaves, electrical or mechanical timing device, or has 1,339
received a radio message from the officer who observed the speed 1,342
of the motor vehicle recorded by the radio microwaves, electrical 1,343
or mechanical timing device; provided, in case of an arrest based 1,346
on such a message, such THE radio message has been dispatched 1,347
immediately after the speed of the motor vehicle was recorded and 1,348
the arresting officer is furnished a description of the motor 1,350
vehicle for proper identification and the recorded speed. 1,351
(B) IF THE DRIVER OF A MOTOR VEHICLE BEING DRIVEN ON A 1,354
30
PUBLIC STREET OR HIGHWAY OF THIS STATE IS OBSERVED VIOLATING ANY 1,355
PROVISION OF THIS CHAPTER OTHER THAN SECTION 4511.21 OR 4511.211 1,356
OF THE REVISED CODE BY A LAW ENFORCEMENT OFFICER SITUATED AT ANY 1,359
LOCATION, INCLUDING IN ANY TYPE OF AIRBORNE AIRCRAFT OR AIRSHIP, 1,360
THAT LAW ENFORCEMENT OFFICER MAY SEND A RADIO MESSAGE TO ANOTHER 1,361
LAW ENFORCEMENT OFFICER, AND THE OTHER LAW ENFORCEMENT OFFICER 1,362
MAY ARREST THE DRIVER OF THE MOTOR VEHICLE UNTIL A WARRANT CAN BE 1,363
OBTAINED OR MAY ISSUE THE DRIVER A CITATION FOR THE VIOLATION; 1,364
PROVIDED, IF AN ARREST OR CITATION IS BASED ON SUCH A MESSAGE, 1,365
THE RADIO MESSAGE IS DISPATCHED IMMEDIATELY AFTER THE VIOLATION 1,366
IS OBSERVED AND THE LAW ENFORCEMENT OFFICER WHO OBSERVES THE 1,367
VIOLATION FURNISHES TO THE LAW ENFORCEMENT OFFICER WHO MAKES THE 1,368
ARREST OR ISSUES THE CITATION A DESCRIPTION OF THE ALLEGED 1,369
VIOLATION AND THE MOTOR VEHICLE FOR PROPER IDENTIFICATION. 1,370
Sec. 4511.195. (A) As used in this section: 1,379
(1) "Vehicle operator" means a person who is operating a 1,381
vehicle at the time it is seized under division (B) of this 1,382
section. 1,383
(2) "Vehicle owner" means either of the following: 1,385
(a) The person in whose name is registered, at the time of 1,388
the seizure, a vehicle that is seized under division (B) of this 1,389
section;
(b) A person to whom the certificate of title to a vehicle 1,391
that is seized under division (B) of this section has been 1,392
assigned and who has not obtained a certificate of title to the 1,393
vehicle in that person's name, but who is deemed by the court as 1,394
being the owner of the vehicle at the time the vehicle was seized 1,395
under division (B) of this section.
(3) "Municipal OMVI ordinance" means any municipal 1,397
ordinance prohibiting the operation of a vehicle while under the 1,398
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,399
abuse or prohibiting the operation of a vehicle with a prohibited 1,400
concentration of alcohol in the blood, breath, or urine. 1,401
(4) "Interested party" includes the owner of a vehicle 1,404
31
seized under this section, all lienholders, the defendant, the 1,405
owner of the place of storage at which a vehicle seized under 1,406
this section is stored, and the person or entity that caused the 1,407
vehicle to be removed. 1,408
(B)(1) If a person is arrested for a violation of division 1,410
(A) of section 4511.19 of the Revised Code or of a municipal OMVI 1,411
ordinance and, within six years of the alleged violation, the 1,413
person previously has been convicted of or pleaded guilty to one
or more violations of division (A) or (B) of section 4511.19 of 1,414
the Revised Code, a municipal OMVI ordinance, section 2903.04 of 1,415
the Revised Code in a case in which the offender was subject to 1,416
the sanctions described in division (D) of that section, or 1,417
section 2903.06, 2903.07, or 2903.08 of the Revised Code or a 1,418
municipal ordinance that is substantially similar to section 1,419
2903.07 of the Revised Code in a case in which the jury or judge 1,420
found that the offender was under the influence of alcohol, a 1,421
drug of abuse, or alcohol and a drug of abuse, a statute of the 1,423
United States or of any other state or a municipal ordinance of a 1,424
municipal corporation located in any other state that is 1,425
substantially similar to division (A) or (B) of section 4511.19 1,426
of the Revised Code, or if a person is arrested for a violation 1,427
of division (A) or OF section 4511.19 of the Revised Code or of a 1,428
municipal OMVI ordinance and the person previously has been 1,430
convicted of or pleaded guilty to a violation of division (A) of 1,431
section 4511.19 of the Revised Code under circumstances in which 1,432
the violation was a felony, regardless of when the prior felony 1,434
violation of division (A) of section 4511.19 of the Revised Code
and the conviction or guilty plea occurred, the arresting officer 1,435
or another officer of the law enforcement agency that employs the 1,436
arresting officer, in addition to any action that the arresting 1,437
officer is required or authorized to take by section 4511.191 of 1,438
the Revised Code or by any other provision of law, shall seize 1,439
the vehicle that the person was operating at the time of the 1,440
alleged offense and its license plates. Except as otherwise 1,441
32
provided in this division, the officer shall seize the vehicle 1,442
and its license plates regardless of whether the vehicle is 1,444
registered in the name of the person who was operating it or in 1,445
the name of another person or entity. This section does not
apply to or affect any rented or leased vehicle that is being 1,446
rented or leased for a period of thirty days or less, except that 1,448
a law enforcement agency that employs a law enforcement officer 1,449
who makes an arrest of a type that is described in division 1,450
(B)(1) of this section and that involves a rented or leased 1,451
vehicle of this type shall notify, within twenty-four hours after 1,452
the officer makes the arrest, the lessor or owner of the vehicle 1,453
regarding the circumstances of the arrest and the location at
which the vehicle may be picked up. At the time of the seizure 1,455
of the vehicle, the law enforcement officer who made the arrest 1,456
shall give the vehicle operator written notice that the vehicle 1,457
and its license plates have been seized; that the vehicle either 1,458
will be kept by the officer's law enforcement agency or will be 1,459
immobilized at least until the operator's initial appearance on 1,460
the charge of the offense for which the arrest was made; that, at 1,461
the initial appearance, the court in certain circumstances may 1,462
order that the vehicle and license plates be released to the 1,464
vehicle owner until the disposition of that charge; that, if the 1,465
vehicle operator is convicted of that charge, the court generally 1,466
must order the immobilization of the vehicle and the impoundment 1,467
of its license plates, or the forfeiture of the vehicle; and 1,468
that, if the operator is not the vehicle owner, the operator 1,469
immediately should inform the vehicle owner that the vehicle and 1,470
its license plates have been seized and that the vehicle owner 1,471
may be able to obtain their return or release at the initial 1,472
appearance or thereafter. 1,473
(2) The arresting officer or a law enforcement officer of 1,475
the agency that employs the arresting officer shall give written 1,476
notice of the seizure to the court that will conduct the initial 1,477
appearance of the vehicle operator. The notice shall be given 1,478
33
when the charges are filed against the vehicle operator. Upon 1,480
receipt of the notice, the court promptly shall determine whether 1,481
the vehicle operator is the vehicle owner and whether there are 1,482
any liens recorded on the certificate of title to the vehicle. 1,483
If the court determines that the vehicle operator is not the
vehicle owner, it promptly shall send by regular mail written 1,484
notice of the seizure of the motor vehicle to the vehicle owner 1,485
and to all lienholders recorded on the certificate of title. The 1,486
written notice to the vehicle owner and lienholders shall contain 1,487
all of the information required by division (B)(1) of this 1,488
section to be in a notice to be given to the vehicle operator and 1,489
also shall specify the date, time, and place of the vehicle 1,490
operator's initial appearance. THE NOTICE ALSO SHALL INFORM THE 1,491
VEHICLE OWNER THAT IF TITLE TO A MOTOR VEHICLE THAT IS SUBJECT TO 1,492
AN ORDER FOR CRIMINAL FORFEITURE UNDER THIS SECTION IS ASSIGNED 1,493
OR TRANSFERRED AND DIVISION (C)(2) OR (3) OF SECTION 4503.234 OF 1,495
THE REVISED CODE APPLIES, THE COURT MAY FINE THE VEHICLE OWNER 1,497
THE VALUE OF THE VEHICLE. The notice to the vehicle owner also 1,500
shall state that if the vehicle is immobilized under division (A) 1,501
of section 4503.233 of the Revised Code, seven days after the end 1,502
of the period of immobilization a law enforcement agency will 1,503
send the vehicle owner a notice, informing the vehicle owner that 1,505
if the release of the vehicle is not obtained in accordance with
division (D)(3) of section 4503.233 of the Revised Code, the 1,507
vehicle shall be forfeited. The notice also shall inform the 1,508
vehicle owner that the vehicle owner may be charged expenses or 1,509
charges incurred under this section and section 4503.233 of the 1,510
Revised Code for the removal and storage of the vehicle. 1,511
The written notice that is given to the vehicle operator or 1,513
is sent or delivered to the vehicle owner if the vehicle owner is 1,514
not the vehicle operator also shall state that if the vehicle 1,515
operator pleads guilty to or is convicted of the offense for 1,516
which the vehicle operator was arrested and the court issues an 1,517
immobilization and impoundment order relative to that vehicle,
34
division (D)(4) of section 4503.233 of the Revised Code prohibits 1,518
the vehicle from being sold during the period of immobilization 1,520
without the prior approval of the court.
Any such notice also shall state that if title to a motor 1,522
vehicle that is subject to an order for criminal forfeiture under 1,523
this section is assigned or transferred and division (C)(2) or 1,524
(3) of section 4503.234 of the Revised Code applies, the court 1,525
may fine the offender the value of the vehicle.
(3) At or before the initial appearance, the vehicle owner 1,528
may file a motion requesting the court to order that the vehicle 1,529
and its license plates be released to the vehicle owner. Except
as provided in this division and subject to the payment of 1,531
expenses or charges incurred in the removal and storage of the 1,532
vehicle, the court, in its discretion, then may issue an order 1,533
releasing the vehicle and its license plates to the vehicle 1,534
owner. Such an order may be conditioned upon such terms as the 1,535
court determines appropriate, including the posting of a bond in 1,536
an amount determined by the court. If the vehicle operator is 1,537
not the vehicle owner and if the vehicle owner is not present at 1,538
the vehicle operator's initial appearance, and if the court 1,539
believes that the vehicle owner was not provided with adequate 1,540
notice of the initial appearance, the court, in its discretion, 1,541
may allow the vehicle owner to file a motion within seven days of 1,542
the initial appearance. If the court allows the vehicle owner to 1,543
file such a motion after the initial appearance, the extension of 1,544
time granted by the court does not extend the time within which 1,545
the initial appearance is to be conducted. If the court issues 1,546
an order for the release of the vehicle and its license plates, a 1,547
copy of the order shall be made available to the vehicle owner. 1,548
If the vehicle owner presents a copy of the order to the law 1,549
enforcement agency that employs the law enforcement officer who 1,550
arrested the person who was operating the vehicle, the law 1,551
enforcement agency promptly shall release the vehicle and its 1,552
license plates to the vehicle owner upon payment by the vehicle 1,553
35
owner of any expenses or charges incurred in the removal and 1,554
storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section 1,556
either shall be towed to a place specified by the law enforcement 1,557
agency that employs the arresting officer to be safely kept by 1,558
the agency at that place for the time and in the manner specified 1,559
in this section or shall be otherwise immobilized for the time 1,560
and in the manner specified in this section. A law enforcement 1,561
officer of that agency shall remove the identification license 1,562
plates of the vehicle, and they shall be safely kept by the 1,563
agency for the time and in the manner specified in this section. 1,564
No vehicle that is seized and either towed or immobilized 1,565
pursuant to this division shall be considered contraband for 1,566
purposes of section 2933.41, 2933.42, or 2933.43 of the Revised 1,567
Code. The vehicle shall not be immobilized at any place other 1,568
than a commercially operated private storage lot, a place owned 1,569
by a law enforcement agency or other government agency, or a 1,570
place to which one of the following applies: 1,571
(a) The place is leased by or otherwise under the control 1,573
of a law enforcement agency or other government agency. 1,574
(b) The place is owned by the vehicle operator, the 1,576
vehicle operator's spouse, or a parent or child of the vehicle 1,577
operator. 1,578
(c) The place is owned by a private person or entity, and, 1,580
prior to the immobilization, the private entity or person that 1,581
owns the place, or the authorized agent of that private entity or 1,582
person, has given express written consent for the immobilization 1,583
to be carried out at that place. 1,584
(d) The place is a street or highway on which the vehicle 1,587
is parked in accordance with the law.
(C)(1) A vehicle that is seized under division (B) of this 1,590
section shall be safely kept at the place to which it is towed or 1,591
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the vehicle 1,593
36
operator relative to the charge in question. The license plates 1,595
of the vehicle that are removed pursuant to division (B) of this
section shall be safely kept by the law enforcement agency that 1,596
employs the arresting officer until the initial appearance of the 1,597
vehicle operator relative to the charge in question. 1,598
(2)(a) AT THE INITIAL APPEARANCE, THE COURT SHALL NOTIFY 1,600
THE VEHICLE OPERATOR, IF THE VEHICLE OPERATOR IS THE VEHICLE 1,601
OWNER, THAT IF TITLE TO A MOTOR VEHICLE THAT IS SUBJECT TO AN 1,602
ORDER FOR CRIMINAL FORFEITURE UNDER THIS SECTION IS ASSIGNED OR 1,603
TRANSFERRED AND DIVISION (C)(2) OR (3) OF SECTION 4503.234 OF THE 1,605
REVISED CODE APPLIES, THE COURT MAY FINE THE VEHICLE OPERATOR THE 1,608
VALUE OF THE VEHICLE. If, at the initial appearance, the vehicle 1,609
operator pleads guilty to the violation of division (A) of 1,611
section 4511.19 of the Revised Code or of the municipal OMVI 1,612
ordinance or pleads no contest to and is convicted of the 1,613
violation, the court shall impose sentence upon the vehicle 1,614
operator as provided by law or ordinance; the court, except as 1,615
provided in this division and subject to section 4503.235 of the 1,616
Revised Code, shall order the immobilization of the vehicle and 1,617
the impoundment of its license plates under section 4503.233 and 1,618
section 4511.193 or 4511.99 of the Revised Code, or the criminal 1,619
forfeiture of the vehicle under section 4503.234 and section 1,621
4511.193 or 4511.99 of the Revised Code, whichever is applicable; 1,622
and the vehicle and its license plates shall not be returned or 1,623
released to the vehicle owner. If the vehicle operator is not 1,624
the vehicle owner and the vehicle owner is not present at the
vehicle operator's initial appearance and if the court believes 1,626
that the vehicle owner was not provided adequate notice of the 1,627
initial appearance, the court, in its discretion, may refrain for 1,628
a period of time not exceeding seven days from ordering the 1,629
immobilization of the vehicle and the impoundment of its license 1,630
plates, or the criminal forfeiture of the vehicle so that the 1,631
vehicle owner may appear before the court to present evidence as 1,633
to why the court should not order the immobilization of the 1,634
37
vehicle and the impoundment of its license plates, or the
criminal forfeiture of the vehicle. If the court refrains from 1,637
ordering the immobilization of the vehicle and the impoundment of 1,638
its license plates, or the criminal forfeiture of the vehicle,
section 4503.235 of the Revised Code applies relative to the 1,640
order of immobilization and impoundment, or the order of 1,641
forfeiture.
(b) If, at any time, the charge that the vehicle operator 1,644
violated division (A) of section 4511.19 of the Revised Code or 1,645
the municipal OMVI ordinance is dismissed for any reason, the 1,646
court shall order that the vehicle seized at the time of the 1,647
arrest and its license plates immediately be released to the 1,648
vehicle owner subject to the payment of expenses or charges 1,649
incurred in the removal and storage of the vehicle. 1,650
(D) If a vehicle is seized under division (B) of this 1,652
section and is not returned or released to the vehicle owner 1,654
pursuant to division (C) of this section, the vehicle or its 1,655
license plates shall be retained until the final disposition of 1,656
the charge in question. Upon the final disposition of that 1,657
charge, the court shall do whichever of the following is 1,658
applicable:
(1) If the vehicle operator is convicted of or pleads 1,660
guilty to the violation of division (A) of section 4511.19 of the 1,661
Revised Code or of the municipal OMVI ordinance, the court shall 1,662
impose sentence upon the vehicle operator as provided by law or 1,663
ordinance and, subject to section 4503.235 of the Revised Code, 1,664
shall order the immobilization of the vehicle the vehicle 1,665
operator was operating at the time of, or that was involved in, 1,666
the offense and the impoundment of its license plates under 1,668
section 4503.233 and section 4511.193 or 4511.99 of the Revised 1,669
Code, or the criminal forfeiture of the vehicle under section 1,670
4503.234 and section 4511.193 or 4511.99 of the Revised Code, 1,671
whichever is applicable. 1,672
(2) If the vehicle operator is found not guilty of the 1,674
38
violation of division (A) of section 4511.19 of the Revised Code 1,675
or of the municipal OMVI ordinance, the court shall order that 1,676
the vehicle and its license plates immediately be released to the 1,678
vehicle owner upon the payment of any expenses or charges 1,679
incurred in its removal and storage. 1,680
(3) If the charge that the vehicle operator violated 1,682
division (A) of section 4511.19 of the Revised Code or the 1,683
municipal OMVI ordinance is dismissed for any reason, the court 1,684
shall order that the vehicle and its license plates immediately 1,686
be released to the vehicle owner upon the payment of any expenses 1,687
or charges incurred in its removal and storage. 1,688
(E) If a vehicle is seized under division (B) of this 1,690
section, the time between the seizure of the vehicle and either 1,691
its release to the vehicle owner under division (C) of this 1,693
section or the issuance of an order of immobilization of the 1,694
vehicle under section 4503.233 of the Revised Code shall be 1,695
credited against the period of immobilization ordered by the 1,696
court.
(F)(1) The vehicle owner may be charged expenses or 1,698
charges incurred in the removal and storage of the immobilized 1,699
vehicle. The court with jurisdiction over the case, after notice 1,700
to all interested parties, including lienholders, and after an 1,701
opportunity for them to be heard, if the vehicle owner fails to 1,702
appear in person, without good cause, or if the court finds that 1,703
the vehicle owner does not intend to seek release of the vehicle 1,704
at the end of the period of immobilization under section 4503.233 1,705
of the Revised Code or that the vehicle owner is not or will not 1,706
be able to pay the expenses and charges incurred in its removal 1,707
and storage, may order that title to the vehicle be transferred, 1,708
in order of priority, first into the name of the person or entity 1,709
that removed it, next into the name of a lienholder, or lastly 1,710
into the name of the owner of the place of storage. 1,711
Any lienholder that receives title under a court order 1,714
shall do so on the condition that it pay any expenses or charges 1,715
39
incurred in the vehicle's removal and storage. If the person or 1,716
entity that receives title to the vehicle is the person or entity 1,717
that removed it, the person or entity shall receive title on the 1,718
condition that it pay any lien on the vehicle. The court shall 1,720
not order that title be transferred to any person or entity other 1,721
than the owner of the place of storage if the person or entity 1,722
refuses to receive the title. Any person or entity that receives 1,723
title either may keep title to the vehicle or may dispose of the 1,724
vehicle in any legal manner that it considers appropriate, 1,725
including assignment of the certificate of title to the motor 1,726
vehicle to a salvage dealer or a scrap metal processing facility. 1,727
The person or entity shall not transfer the vehicle to the person 1,728
who is the vehicle's immediate previous owner. 1,730
If the person or entity assigns the motor vehicle to a 1,732
salvage dealer or scrap metal processing facility, the person or 1,733
entity shall send the assigned certificate of title to the motor 1,734
vehicle to the clerk of the court of common pleas of the county 1,735
in which the salvage dealer or scrap metal processing facility is 1,737
located. The person or entity shall mark the face of the
certificate of title with the words "for destruction" and shall 1,739
deliver a photocopy of the certificate of title to the salvage 1,740
dealer or scrap metal processing facility for its records. 1,741
(2) Whenever a court issues an order under division (F)(1) 1,743
of this section, the court also shall order removal of the 1,744
license plates from the vehicle and cause them to be sent to the 1,745
registrar of motor vehicles if they have not already been sent to 1,746
the registrar. Thereafter, no further proceedings shall take 1,747
place under this section or under section 4503.233 of the Revised 1,748
Code.
(3) Prior to initiating a proceeding under division (F)(1) 1,750
of this section, and upon payment of the fee under division (B) 1,751
of section 4505.14 of the Revised Code, any interested party may 1,752
cause a search to be made of the public records of the bureau of 1,753
motor vehicles or the clerk of the court of common pleas, to 1,754
40
ascertain the identity of any lienholder of the vehicle. The 1,755
initiating party shall furnish this information to the clerk of 1,756
the court with jurisdiction over the case, and the clerk shall 1,758
provide notice to the vehicle owner, the defendant, any 1,759
lienholder, and any other interested parties listed by the 1,760
initiating party, at the last known address supplied by the 1,761
initiating party, by certified mail or, at the option of the 1,762
initiating party, by personal service or ordinary mail. 1,763
Section 2. That existing sections 3937.41, 4503.181, 1,765
4506.01, 4506.02, 4506.11, 4507.13, 4507.50, 4507.51, 4507.52, 1,766
4509.01, 4511.091, and 4511.195 of the Revised Code are hereby 1,767
repealed.
Section 3. In fiscal year 1998, the Director of Budget and 1,769
Management may transfer $70,000 from the Population Protection 1,770
Planning Fund (Fund 344), $72,000 from the Radiological 1,771
Protection Planning Fund (Fund 345), and $15,000 from the 1,772
Survival Crisis Management Fund (Fund 346), into the Highway 1,773
Safety Federal Reimbursement Fund (Fund 831), in order to repay 1,774
previous transfers made for seed money purposes. Any remaining 1,775
amounts in funds 344, 345, and 346 may be transferred by the 1,776
Director of Budget and Management to the Emergency Management 1,777
Assistance and Training Fund (Fund 339). 1,778
Section 4. That section 4507.13 of the Revised Code, as 1,780
amended by Am. Sub. S.B. 35 of the 122nd General Assembly, be 1,781
amended to read as follows: 1,782
Sec. 4507.13. (A) The registrar of motor vehicles shall 1,791
issue a driver's license to every person licensed as an operator 1,792
of motor vehicles other than commercial motor vehicles. No 1,793
person licensed as a commercial motor vehicle driver under 1,794
Chapter 4506. of the Revised Code need procure a driver's 1,795
license, but no person shall drive any commercial motor vehicle 1,796
unless licensed as a commercial motor vehicle driver. 1,797
Every driver's license shall bear DISPLAY on it the 1,799
distinguishing number assigned to the licensee and shall contain 1,801
41
DISPLAY the licensee's name, AND date of birth,; THE LICENSEE'S 1,803
social security number if such number has been assigned AND IF 1,806
THE LICENSEE REQUESTS THAT THE SOCIAL SECURITY NUMBER APPEAR ON 1,807
THE DRIVER'S LICENSE OR IF REQUIRED BY FEDERAL LAW; the 1,808
licensee's residence address and county of residence; a color 1,809
photograph of the licensee; a brief description of the licensee 1,810
for the purpose of identification; a facsimile of the signature 1,811
of the licensee as it appears on the application for the license; 1,812
a space marked "blood type" in which a licensee may specify the 1,813
licensee's blood type; a notation, in a manner prescribed by the 1,814
registrar, indicating any condition described in division (D)(3) 1,815
of section 4507.08 of the Revised Code to which the licensee is 1,817
subject; on and after May 1, 1993, if the licensee has executed a 1,818
durable power of attorney for health care or a declaration 1,819
governing the use or continuation, or the withholding or 1,820
withdrawal, of life-sustaining treatment and has specified that 1,821
the licensee wishes the license to indicate that the licensee has 1,823
executed either type of instrument, any symbol chosen by the 1,824
registrar to indicate that the licensee has executed either type 1,825
of instrument; and any additional information that the registrar 1,826
requires by rule.
The driver's license for licensees under twenty-one years 1,828
of age shall have characteristics prescribed by the registrar 1,829
distinguishing it from that issued to a licensee who is 1,830
twenty-one years of age or older, except that a driver's license 1,831
issued to a person who applies no more than thirty days before 1,832
the applicant's twenty-first birthday shall have the
characteristics of a license issued to a person who is twenty-one 1,833
year YEARS of age or older. 1,834
The driver's license issued to a temporary resident shall 1,836
contain the word "nonrenewable" and shall have any additional 1,837
characteristics prescribed by the registrar distinguishing it 1,838
from a license issued to a resident.
Every driver's or commercial driver's license bearing 1,840
42
DISPLAYING a motorcycle operator's endorsement and every 1,842
restricted license to operate a motor vehicle also shall bear 1,843
DISPLAY the designation "novice," if the endorsement or license 1,845
is issued to a person who is eighteen years of age or older and 1,846
previously has not been licensed to operate a motorcycle by this 1,847
state or another jurisdiction recognized by this state. The 1,848
"novice" designation shall be effective for one year after the 1,849
date of issuance of the motorcycle operator's endorsement or 1,850
license.
Each license issued under this section shall be of such 1,852
material and so designed as to prevent its reproduction or 1,853
alteration without ready detection and, to this end, shall be 1,854
laminated with a transparent plastic material. 1,855
(B) Except in regard to a driver's license issued to a 1,857
person who applies no more than thirty days before the 1,858
applicant's twenty-first birthday, neither the registrar nor any 1,859
deputy registrar shall issue a driver's license to anyone under 1,861
twenty-one years of age that does not have the characteristics 1,862
prescribed by the registrar distinguishing it from the driver's 1,863
license issued to persons who are twenty-one years of age or
older. 1,864
Section 5. That all existing versions of section 4507.13 1,866
of the Revised Code are hereby repealed. 1,867
Section 6. Sections 4 and 5 of this act shall take effect 1,869
January 1, 1999. 1,870