As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 35 5
1997-1998 6
SENATORS B. JOHNSON-WATTS-SWEENEY 8
10
A B I L L
To amend sections 4507.05, 4507.07, 4507.08, 12
4507.081, 4507.10, 4507.11, 4507.12, 4507.13, 13
4507.162, 4507.24, and 4507.99, and to enact 14
section 4507.071 of the Revised Code to revise
the conditions under which a driver's license is 15
issued to a person under age 18, to maintain the 16
provisions of this act on and after May 15, 1997, 17
by amending the versions of sections 4507.08 and 18
4507.99 of the Revised Code that take effect on
that date, and to maintain the provisions of this 19
act on and after July 1, 1997, by amending the 20
version of section 4507.99 of the Revised Code 21
that takes effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 4507.05, 4507.07, 4507.08, 25
4507.081, 4507.10, 4507.11, 4507.12, 4507.13, 4507.162, 4507.24, 26
and 4507.99 be amended and section 4507.071 of the Revised Code 27
be enacted to read as follows: 28
Sec. 4507.05. (A) The registrar of motor vehicles, or the 37
A deputy registrar, upon receiving from any person an application 40
for a temporary instruction permit for a driver's license FROM 41
ANY PERSON WHO IS AT LEAST FIFTEEN YEARS AND SIX MONTHS OF AGE, 42
may issue such a permit entitling the applicant, while having the 43
permit in his immediate possession, to drive a motor vehicle, 45
other than a commercial motor vehicle, upon the highways when 46
UNDER THE FOLLOWING CONDITIONS: 47
2
(1) IF THE PERMIT IS ISSUED TO A PERSON WHO IS AT LEAST 49
FIFTEEN YEARS AND SIX MONTHS OF AGE, BUT LESS THAN SIXTEEN YEARS 50
OF AGE: 51
(a) THE PERMIT IS IN THE HOLDER'S IMMEDIATE POSSESSION; 54
(b) THE HOLDER IS ACCOMPANIED BY AN ELIGIBLE ADULT WHO 57
ACTUALLY OCCUPIES THE SEAT BESIDE THE PERMIT HOLDER;
(c) ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE 60
AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING 61
DEVICE.
(2) IF THE PERMIT IS ISSUED TO A PERSON WHO IS AT LEAST 63
SIXTEEN YEARS OF AGE: 64
(a) THE PERMIT IS IN THE HOLDER'S IMMEDIATE POSSESSION; 67
(b) THE HOLDER IS accompanied by a licensed operator who 70
is AT LEAST TWENTY-ONE YEARS OF AGE AND WHO IS actually occupying 71
a seat beside the driver; 72
(c) ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE 74
AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING 75
DEVICE. The 76
(B) THE registrar or a deputy registrar, upon receiving 79
from any person an application for a temporary instruction permit 80
to operate a motorcycle or motorized bicycle, may issue such a 81
permit entitling the applicant, while having the permit in his 82
THE APPLICANT'S immediate possession, to drive a motorcycle OR 83
MOTORIZED BICYCLE under restrictions determined by the registrar. 84
Such permits A TEMPORARY INSTRUCTION PERMIT TO OPERATE A 85
MOTORIZED BICYCLE MAY BE ISSUED TO A PERSON FOURTEEN OR FIFTEEN 86
YEARS OLD.
(C) ANY PERMIT ISSUED UNDER THIS SECTION shall be issued 89
in the same manner as drivers' licenses, including the age
requirements as provided under section 4507.08 of the Revised 91
Code A DRIVER'S LICENSE, upon forms A FORM to be furnished by the 93
registrar, except that no photograph of the applicant shall be 95
required on the permit, and that temporary instruction permits 96
for motorized bicycles may be issued to persons fourteen or 98
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fifteen years old. No such A TEMPORARY INSTRUCTION permit shall 101
be granted TO A PERSON WHO IS UNDER THE AGE OF SIXTEEN SHALL BE 102
VALID FOR ONE YEAR AND A TEMPORARY INSTRUCTION PERMIT GRANTED TO
A PERSON WHO IS AT LEAST SIXTEEN YEARS OF AGE SHALL BE VALID for 103
a period to exceed OF six months. A TEMPORARY INSTRUCTION PERMIT 106
ISSUED TO A PERSON UNDER THE AGE OF SIXTEEN SHALL BE 107
DISTINGUISHABLE BY COLOR OR IN SOME OTHER MANNER, AS DETERMINED 108
BY THE REGISTRAR, FROM THAT ISSUED TO A PERSON WHO IS SIXTEEN 109
YEARS OF AGE OR OLDER.
(D) Any person having in his THE PERSON'S possession a 111
valid and current driver's license or motorcycle operator's 114
license or endorsement issued to him THE PERSON by another 115
jurisdiction recognized by this state is exempt from obtaining a 117
temporary instruction permit for a driver's license, but shall 118
submit to the regular examination in obtaining a driver's license 119
or motorcycle operator's endorsement in this state. The 120
(E) THE registrar may adopt rules governing the use of 123
such TEMPORARY instruction permits.
(F)(1) NO HOLDER OF A PERMIT ISSUED UNDER DIVISION (A) OF 126
THIS SECTION SHALL OPERATE A MOTOR VEHICLE UPON A HIGHWAY OR ANY 127
PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR PURPOSES OF 128
VEHICULAR TRAVEL OR PARKING IN VIOLATION OF THE CONDITIONS 129
ESTABLISHED UNDER DIVISION (A) OF THIS SECTION. 131
(2) NO HOLDER OF A PERMIT ISSUED UNDER DIVISION (A) OF 134
THIS SECTION ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION WHO 135
IS UNDER THE AGE OF EIGHTEEN SHALL OPERATE A MOTOR VEHICLE UPON A 136
HIGHWAY OR ANY PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR 137
PURPOSES OF VEHICULAR TRAVEL OR PARKING BETWEEN THE HOURS OF 138
MIDNIGHT AND FIVE a.m. 139
(G) AS USED IN THIS SECTION: 142
(1) "ELIGIBLE ADULT" MEANS EITHER OF THE FOLLOWING: 145
(a) AN INSTRUCTOR OF A DRIVER EDUCATION COURSE APPROVED BY 148
THE DEPARTMENT OF EDUCATION OR A DRIVER TRAINING COURSE APPROVED 149
BY THE DEPARTMENT OF PUBLIC SAFETY;
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(b) A PARENT OR GUARDIAN OF THE PERMIT HOLDER WHO HOLDS A 152
CURRENT VALID DRIVER'S OR COMMERCIAL DRIVER'S LICENSE ISSUED BY 153
THIS STATE.
(2) "OCCUPANT RESTRAINING DEVICE" HAS THE SAME MEANING AS 155
IN SECTION 4513.263 OF THE REVISED CODE. 158
Sec. 4507.07. (A) The registrar of motor vehicles shall 167
not grant the application of any minor under eighteen years of 168
age for a probationary license or, a restricted license, OR A 169
TEMPORARY INSTRUCTION PERMIT, unless the application is signed by 171
one of the minor's parents, the minor's guardian, another person 173
having custody of the applicant, or, if there is no parent or 174
guardian, a responsible person who is willing to assume the
obligation imposed under this section. 175
At the time a minor under eighteen years of age submits an 177
application for a license OR PERMIT at a driver's license 178
examining station, the adult who signs the application shall 179
present identification establishing that the adult is the 180
individual whose signature appears on the application. The 181
registrar shall prescribe, by rule, the types of identification 182
that are suitable for the purposes of this paragraph. If the 183
adult who signs the application does not provide identification 184
as required by this paragraph, the application shall not be 185
accepted. 186
When a minor under eighteen years of age applies for a 188
probationary license or, a restricted license, OR A TEMPORARY 189
INSTRUCTION PERMIT, the registrar shall give the adult who signs 191
the application notice of the potential liability that may be 192
imputed to the adult pursuant to division (B) of this section and 193
notice of how the adult may prevent any liability from being 194
imputed to the adult pursuant to that division. 195
(B) Any negligence, or willful or wanton misconduct, that 197
is committed by a minor under eighteen years of age when driving 198
a motor vehicle upon a highway shall be imputed to the person who 199
has signed the application of the minor for a probationary 200
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license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT, 202
which person shall be jointly and severally liable with the minor 203
for any damages caused by the negligence or the willful or wanton 204
misconduct. This joint and several liability is not subject to 205
division (D) of section 2315.19, division (F) of section 2315.20, 206
or division (B) of section 2307.31 of the Revised Code with 207
respect to a negligence or other tort claim that otherwise is 209
subject to any of those sections. 210
There shall be no imputed liability imposed under this 212
division if a minor under eighteen years of age has proof of 213
financial responsibility with respect to the operation of a motor 214
vehicle owned by the minor or, if the minor is not the owner of a 215
motor vehicle, with respect to the minor's operation of any motor 216
vehicle, in the form and in the amounts as required under Chapter 217
4509. of the Revised Code. 218
(C) Any person who has signed the application of a minor 220
under eighteen years of age for a license OR PERMIT subsequently 221
may surrender to the registrar the license or temporary 222
instruction permit of the minor and request that the license or 223
permit be canceled. The registrar then shall cancel the license 224
or temporary instruction permit, and the person who signed the 225
application of the minor shall be relieved from the liability 226
imposed by division (B) of this section. 227
(D) Any minor under eighteen years of age whose 229
probationary license, restricted license, or temporary 230
instruction permit is surrendered to the registrar by the person 231
who signed the application for the license OR PERMIT and whose 232
license or temporary instruction permit subsequently is canceled 234
by the registrar may obtain a new license or temporary 235
instruction permit without having to undergo the examinations 236
otherwise required by sections 4507.11 and 4507.12 of the Revised 237
Code and without having to tender the fee for that license or 238
temporary instruction permit, if the minor is able to produce 240
another parent, guardian, other person having custody of the 241
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minor, or other adult, and that adult is willing to assume the 242
liability imposed under division (B) of this section. That adult 244
shall comply with the procedures contained in division (A) of 246
this section.
Sec. 4507.071. (A) NO DRIVER'S LICENSE SHALL BE ISSUED TO 249
ANY PERSON UNDER EIGHTEEN YEARS OF AGE, EXCEPT THAT A
PROBATIONARY LICENSE MAY BE ISSUED TO A PERSON WHO IS AT LEAST 250
SIXTEEN YEARS OF AGE AND HAS HELD A TEMPORARY INSTRUCTION PERMIT 251
FOR A PERIOD OF AT LEAST SIX MONTHS. 252
(B) NO HOLDER OF A PROBATIONARY LICENSE ISSUED ON OR AFTER 255
THE EFFECTIVE DATE OF THIS SECTION SHALL OPERATE A MOTOR VEHICLE 256
UPON A HIGHWAY OR ANY PUBLIC OR PRIVATE PROPERTY USED BY THE 257
PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL OR PARKING BETWEEN THE 258
HOURS OF MIDNIGHT AND FIVE a.m. 259
(C) NO HOLDER OF A PROBATIONARY LICENSE SHALL OPERATE A 262
MOTOR VEHICLE UPON A HIGHWAY OR ANY PUBLIC OR PRIVATE PROPERTY 263
USED BY THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL OR PARKING 264
UNLESS ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE 265
AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING 266
DEVICE.
(D) A RESTRICTED LICENSE MAY BE ISSUED TO A PERSON WHO IS 269
FOURTEEN OR FIFTEEN YEARS OF AGE UPON PROOF OF HARDSHIP 270
SATISFACTORY TO THE REGISTRAR OF MOTOR VEHICLES. 271
(E) AS USED IN THIS SECTION, "OCCUPANT RESTRAINING DEVICE" 274
HAS THE SAME MEANING AS IN SECTION 4513.263 OF THE REVISED CODE. 277
Sec. 4507.08. No driver's license shall be issued to any 286
person under eighteen years of age, except that a probationary 287
license may be issued to a person over sixteen years of age and a 288
restricted license may be issued to a person who is fourteen or 289
fifteen years of age upon proof of hardship satisfactory to the 290
registrar of motor vehicles. (A) No probationary license shall 291
be issued to any person under the age of eighteen who has been 293
adjudicated an unruly or delinquent child or a juvenile traffic 294
offender for having committed any act that if committed by an 295
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adult would be a drug abuse offense, as defined in section 296
2925.01 of the Revised Code, a violation of division (B) of 297
section 2917.11, or a violation of division (A) of section 298
4511.19 of the Revised Code, unless the person has been required 299
by the court to attend a drug abuse or alcohol abuse education, 300
intervention, or treatment program specified by the court and has 301
satisfactorily completed the program. 302
(B) No temporary instruction permit or driver's license 304
shall be issued to any person whose license has been suspended, 305
during the period for which the license was suspended, nor to any 306
person whose license has been revoked, under sections 4507.01 to 307
4507.39 of the Revised Code, until the expiration of one year 308
after the license was revoked. 309
(C) No temporary instruction permit or driver's license 311
shall be issued to any person whose commercial driver's license 312
is suspended under section 1905.201, 4507.16, 4507.34, 4507.99, 313
4511.191, or 4511.196 of the Revised Code or under any other 314
provision of the Revised Code during the period of the 315
suspension. 316
(D) No temporary instruction permit or driver's license 318
shall be issued to, or retained by ANY OF THE FOLLOWING PERSONS: 319
(A)(1) Any person who is an alcoholic, or is addicted to 321
the use of controlled substances to the extent that the use 322
constitutes an impairment to the person's ability to operate a 323
motor vehicle with the required degree of safety; 324
(B)(2) Any person who is under the age of eighteen and has 326
been adjudicated an unruly or delinquent child or a juvenile 327
traffic offender for having committed any act that if committed 328
by an adult would be a drug abuse offense, as defined in section 329
2925.01 of the Revised Code, a violation of division (B) of 330
section 2917.11, or a violation of division (A) of section 331
4511.19 of the Revised Code, unless the person has been required 332
by the court to attend a drug abuse or alcohol abuse education, 333
intervention, or treatment program specified by the court and has 334
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satisfactorily completed the program; 335
(C)(3) Any person who, in the opinion of the registrar, is 337
afflicted with or suffering from a physical or mental disability 338
or disease that prevents him THE PERSON from exercising 339
reasonable and ordinary control over a motor vehicle while 341
operating the vehicle upon the highways, except that a restricted 342
license effective for six months may be issued to any person 343
otherwise qualified who is or has been subject to any condition 344
resulting in episodic impairment of consciousness or loss of 345
muscular control and whose condition, in the opinion of the 346
registrar, is dormant or is sufficiently under medical control 347
that he THE PERSON is capable of exercising reasonable and 349
ordinary control over a motor vehicle. A restricted license 350
effective for six months shall be issued to any person who is 351
otherwise qualified who is subject to any condition which causes 352
episodic impairment of consciousness or a loss of muscular 353
control if the person presents a statement from a licensed 354
physician that his THE PERSON'S condition is under effective 355
medical control and the period of time for which the control has
been continuously maintained, unless, thereafter, a medical 356
examination is ordered and, pursuant thereto, cause for denial is 357
found. 358
A person to whom a six-month restricted license has been 360
issued shall give notice of his THE PERSON'S medical condition to 362
the registrar on forms provided by the registrar and signed by
the licensee's physician. The notice shall be sent to the 363
registrar six months after the issuance of the license. 364
Subsequent restricted licenses issued to the same individual 365
shall be effective for six months. 366
(D)(4) Any person who is unable to understand highway 368
warnings or traffic signs or directions given in the English 369
language; 370
(E)(5) Any person making an application whose driver's 372
license or driving privileges are under revocation or suspension 373
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in the jurisdiction where issued or any other jurisdiction, until 374
the expiration of one year after the license was revoked or until 375
the period of suspension ends. Any person whose application is 376
denied under this division may file a petition in the municipal 377
court or county court in whose jurisdiction the person resides 378
agreeing to pay the cost of the proceedings and alleging that the 379
conduct involved in the offense that resulted in suspension or 380
revocation in the foreign jurisdiction would not have resulted in 381
a suspension or revocation had the offense occurred in this 382
state. If the petition is granted, petitioner shall notify the 383
registrar of motor vehicles by a certified copy of the court's 384
findings and a license shall not be denied under this division; 385
(F)(6) Any person whose driver's or commercial driver's 387
license or permit has been permanently revoked pursuant to 388
division (C) of section 4507.16 of the Revised Code. 389
(E) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL MAY 15, 391
1997. 392
Sec. 4507.081. (A) Upon the expiration of a restricted 401
license issued under division (C)(D)(3) of section 4507.08 of the 403
Revised Code and submission of a statement as provided in 404
division (C) of this section, the registrar of motor vehicles may 405
issue a driver's license to the person to whom the restricted 406
license was issued. A driver's license issued under this section 407
shall, unless otherwise revoked, SHALL be effective for one year. 409
(B) A driver's license issued under this section may be 411
renewed annually, for no more than three consecutive years, 412
whenever the person to whom the license has been issued submits 413
to the registrar, by certified mail and no sooner than thirty 414
days prior to the expiration date of the license or renewal 415
thereof, a statement as provided in division (C) of this section. 416
A renewal of a driver's license shall, unless the license is 417
otherwise revoked, SHALL be effective for one year following the 418
expiration date of the license or renewal thereof, and shall be 419
evidenced by a validation sticker. The renewal validation 420
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sticker shall be in a form prescribed by the registrar and shall 421
be affixed to the license. 422
(C) No person may be issued a driver's license under this 424
section, and no such driver's license may be renewed, unless the 425
person presents a signed statement from a licensed physician that 426
the person's condition is either IS dormant or IS under effective 428
medical control, that the control has been maintained 429
continuously for at least one year prior to the date on which 430
application for the license is made, and that, if continued 431
medication is prescribed to control the condition, the person may 432
be depended upon to take the medication. 433
The statement shall be made on a form provided by the 435
registrar, shall be in not less than duplicate, and shall contain 436
such ANY other information as the registrar considers necessary. 438
The duplicate copy of the statement may be retained by the person 439
requesting the license renewal and, when in his THE PERSON'S 440
immediate possession and used in conjunction with the original 442
license, shall entitle him THE PERSON to operate a motor vehicle 443
during a period of no more than thirty days following the date of 445
submission of the statement to the registrar, except when the 446
registrar denies the request for the license renewal and so 447
notifies the person.
(D) Whenever the registrar receives a statement indicating 449
that the condition of a person to whom a driver's license has 450
been issued under this section is no longer IS dormant or under 451
effective medical control, the registrar shall revoke the 452
person's driver's license. 453
(E) Nothing in this section shall require a person 455
submitting a signed statement from a licensed physician to obtain 456
a medical examination prior to the submission of the statement. 457
(F) Any person whose driver's license has been revoked 459
under this section may apply for a subsequent restricted license 460
according to the provisions of section 4507.08 of the Revised 461
Code. 462
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Sec. 4507.10. (A) The registrar of motor vehicles shall 470
examine every applicant for a TEMPORARY INSTRUCTION PERMIT, 471
driver's license, or motorcycle operator's endorsement before 474
issuing any such PERMIT, license, or endorsement. 477
(B) Except as provided in section 4507.12 of the Revised 479
Code, the registrar may waive the examination of any person 480
applying for the renewal of a driver's license, or motorcycle 481
operator's endorsement issued under this chapter, provided that 482
the applicant presents either an unexpired license or endorsement 483
or a license or endorsement which has expired not more than six 484
months prior to the date of application. 485
(C) The registrar may waive the examination of any person 487
applying for the renewal of such license or endorsement who is on 488
active duty in the military or naval forces of the United States, 489
or in service with the peace corps, volunteers in service to 490
America, or the foreign service of the United States if the 491
applicant has no physical or mental disabilities that would 492
affect his THE APPLICANT'S driving ability and was an Ohio 493
licensee at the time he THE APPLICANT commenced such active duty 495
or service.
(D) Except as provided in section 4507.12 of the Revised 497
Code, the registrar may waive the examination of any person 498
applying for such license or endorsement who meets either of the 499
following sets of qualifications: 500
(1) Has been on active duty in the military or naval 502
forces of the United States, presents an honorable discharge 503
certificate showing that he THE APPLICANT has no physical or 504
mental disabilities which would affect his THE APPLICANT'S 506
driving ability, was an Ohio licensee at the time he THE 508
APPLICANT commenced such active duty, and makes the application 510
not more than six months after the date of discharge or 511
separation;
(2) Was in service with the peace corps, volunteers in 513
service to America, or the foreign service of the United States; 514
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presents such evidence of such service as the registrar 515
prescribes showing that the applicant has no physical or mental 516
disabilities that would affect his APPLICANT'S driving ability; 517
was an Ohio licensee at the time he APPLICANT commenced such 519
service; and makes the application no more than six months after 521
leaving the peace corps, volunteers, or foreign service. 522
Sec. 4507.11. The registrar of motor vehicles shall 531
conduct all necessary examinations of applicants for TEMPORARY 532
INSTRUCTION PERMITS, drivers' licenses, or motorcycle operators' 534
endorsements. Such THE examination shall include a test of the 535
applicant's knowledge of motor vehicle laws, including the laws 536
on stopping for school buses, a test of his THE APPLICANT'S 537
physical fitness to drive, and a test of his THE APPLICANT'S 538
ability to understand highway traffic control devices. Such THE 539
examination may be conducted in such a manner that applicants who 540
are illiterate or limited in their knowledge of the English 541
language may be tested by methods that would indicate to the 542
examining officer that the applicant has a reasonable knowledge 543
of motor vehicle laws and understands highway traffic control 544
devices. Such AN applicant FOR A DRIVER'S LICENSE shall give an 546
actual demonstration of his THE ability to exercise ordinary and 547
reasonable control in the operation of a motor vehicle by driving 549
the same under the supervision of an examining officer. An 550
applicant for a motorcycle operator's endorsement shall give an 551
actual demonstration of his THE ability to exercise ordinary and 552
reasonable control in the operation of a motorcycle by driving 554
the same under the supervision of an examining officer. Except 555
as provided in section 4507.12 of the Revised Code, the registrar 556
shall designate the highway patrol or any law enforcement body to 557
supervise and conduct examinations for TEMPORARY INSTRUCTION 558
PERMITS, drivers' licenses, and motorcycle operators' 560
endorsements and shall provide the necessary rules and forms to 561
properly conduct such THE examinations. The records of such THE 562
examinations, together with the application for a TEMPORARY 564
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INSTRUCTION PERMIT, driver's license, or motorcycle operator's 565
endorsement, shall be forwarded to the registrar by the deputy 566
registrar, and, if in the opinion of the registrar the applicant 567
is qualified to operate a motor vehicle, the registrar shall 568
issue such THE PERMIT, license, or endorsement. 570
The registrar may authorize the highway patrol or other 572
designated law enforcement body to issue an examiner's driving 573
permit to an applicant who has passed the required examination, 574
permitting such AUTHORIZING THAT applicant to operate a motor 575
vehicle while the registrar is completing his AN investigation 577
relative to such THAT applicant's qualifications to receive a 579
TEMPORARY INSTRUCTION PERMIT, driver's license, or motorcycle 581
operator's endorsement. Such THE examiner's driving permit shall 582
be in the immediate possession of the applicant while operating a 583
motor vehicle and shall be effective until final action and 584
notification has been given by the registrar, but in no event 585
longer than sixty days from its date of issuance.
Sec. 4507.12. (A) Except as provided in division (C) of 594
section 4507.10 of the Revised Code, each person applying for A 595
TEMPORARY INSTRUCTION PERMIT OR the renewal of a driver's license 597
shall submit to a screening of his THE PERSON'S vision before the 599
PERMIT IS ISSUED OR THE license may be renewed. The vision 600
screening shall be conducted at the office of the deputy 601
registrar receiving the application for ISSUANCE OF THE PERMIT OR 602
license renewal. 603
(B) When the results of a vision screening given under 605
division (A) of this section indicate that the vision of the 606
person examined meets the standards required for licensing, the 607
deputy registrar may ISSUE THE PERMIT TO AN APPLICANT WHO IS 608
OTHERWISE QUALIFIED OR renew the person's driver's license, AS 609
APPLICABLE, at that time. 611
(C) When the results of a vision screening given under 613
division (A) of this section indicate that the vision of the 614
person screened may not meet the standards required for 615
14
licensing, the deputy registrar shall not ISSUE THE PERMIT OR 616
renew the person's driver's license at that time, but shall refer 618
the person to a driver's license examiner appointed by the 619
superintendent of the state highway patrol under section 5503.21 620
of the Revised Code for a further examination of his THE PERSON'S 621
vision. When a person referred to a driver's license examiner by 623
a deputy registrar does not meet the vision standards required 624
for licensing, the driver's license examiner shall retain the 625
person's operator's or chauffeur's license OF A PERSON APPLYING 626
FOR LICENSE RENEWAL and shall immediately SHALL notify the 627
registrar of motor vehicles of that fact. No TEMPORARY 628
INSTRUCTION PERMIT OR driver's license shall be issued to any 630
such person, until the person's vision is corrected to meet the 631
standards required for licensing and the person passes the vision 632
screening required by this section. Any person who operates a 633
motor vehicle on a highway, or on any public or private property 634
used by the public for purposes of vehicular travel or parking, 635
during the time his THE PERSON'S driver's license is held by a 637
driver's license examiner under this division, shall be deemed to 638
be operating a motor vehicle in violation of division (A) of 639
section 4507.02 of the Revised Code.
(D) The registrar shall adopt rules and shall provide any 641
forms necessary to properly conduct vision screenings at the 642
office of a deputy registrar. 643
(E) No person conducting vision screenings under this 645
section shall be personally liable for damages for injury or loss 646
to persons or property and for death caused by the operation of a 647
motor vehicle by any person whose TEMPORARY INSTRUCTION PERMIT 648
WAS ISSUED OR WHOSE driver's license was renewed by the deputy 650
registrar under division (B) of this section.
Sec. 4507.13. (A) The registrar of motor vehicles shall 659
issue a driver's license to every person licensed as an operator 660
of motor vehicles other than commercial motor vehicles. No 661
person licensed as a commercial motor vehicle driver under 662
15
Chapter 4506. of the Revised Code need procure a driver's 663
license, but no person shall drive any commercial motor vehicle 664
unless licensed as a commercial motor vehicle driver. 665
Every driver's license shall bear on it the distinguishing 667
number assigned to the licensee and shall contain the licensee's 668
name, date of birth, social security number if such number has 669
been assigned; the licensee's residence address and county of 670
residence; a color photograph of the licensee; a brief 671
description of the licensee for the purpose of identification; a 673
facsimile of the signature of the licensee as it appears on the 674
application for the license; a space marked "blood type" in which 675
a licensee may specify his THE LICENSEE'S blood type; a notation, 676
in a manner prescribed by the registrar, indicating any condition 677
described in division (D)(3) of section 4507.08 of the Revised 678
Code to which the licensee is subject; on and after May 1, 1993, 680
if the licensee has executed a durable power of attorney for 681
health care or a declaration governing the use or continuation, 682
or the withholding or withdrawal, of life-sustaining treatment 683
and has specified that he THE LICENSEE wishes his THE license to 684
indicate that he THE LICENSEE has executed either type of 685
instrument, any symbol chosen by the registrar to indicate that 686
the licensee has executed either type of instrument; and any 687
additional information that the registrar requires by rule. 688
The driver's license for licensees under twenty-one years 690
of age shall have characteristics prescribed by the registrar 691
distinguishing it from that issued to a licensee who is 692
twenty-one years of age or older.
Every driver's or commercial driver's license bearing a 694
motorcycle operator's endorsement and every restricted license to 695
operate a motor vehicle also shall bear the designation "novice," 696
if the endorsement or license is issued to a person who is 697
eighteen years of age or older and previously has not been 698
licensed to operate a motorcycle by this state or another 699
jurisdiction recognized by this state. The "novice" designation 700
16
shall be effective for one year after the date of issuance of the 701
motorcycle operator's endorsement or license. 702
Each license issued under this section shall be of such 704
material and so designed as to prevent its reproduction or 705
alteration without ready detection and, to this end, shall be 706
laminated with a transparent plastic material. 707
(B) Neither the registrar nor any deputy registrar shall 709
issue a driver's license to anyone under twenty-one years of age 710
that does not have the characteristics prescribed by the 711
registrar distinguishing it from the driver's license issued to 712
persons who are twenty-one years of age or older. 713
Sec. 4507.162. (A) Except as provided in division (C) of 722
this section, the registrar of motor vehicles shall suspend the 723
probationary driver's license or, restricted license, OR 725
TEMPORARY INSTRUCTION PERMIT issued to any person when the 726
person, before reaching his THE PERSON'S eighteenth birthday, has 728
been convicted of, pleaded guilty to, or been adjudicated in
juvenile court of having committed any of the following: 729
(1) Three TWO separate violations in any two-year period 731
of section 2903.06, 2903.07, 2903.08, 2921.331, 4511.12, 4511.13, 732
4511.15, 4511.191, 4511.192, 4511.20, 4511.201, 4511.202, 733
4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57 to 734
4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised 735
Code, section 2903.04 of the Revised Code in a case in which the 736
person would have been subject to the sanctions described in 737
division (D) of that section had he THE PERSON been convicted of 738
the violation of that section, or any municipal ordinances 740
similarly relating to the offenses contained in those sections; 741
(2) One violation of section 4511.19 of the Revised Code 743
or a substantially similar municipal ordinance. 744
Any person whose license OR PERMIT is suspended under 746
division (A)(1) OR (2) of this section shall mail or deliver his 748
THE PERSON'S probationary driver's license or, restricted 750
license, OR TEMPORARY INSTRUCTION PERMIT to the registrar within 751
17
fourteen days of notification of the suspension. The registrar 752
shall retain the license OR PERMIT during the period of the 753
suspension. A suspension pursuant to division (A)(1) of this 754
section shall remain in effect until one year has elapsed since 755
the date of suspension of the probationary driver's license or, 756
restricted license, OR TEMPORARY INSTRUCTION PERMIT and a 757
suspension pursuant to division (A)(2) of this section shall 759
remain in effect until six months have elapsed since the date of 760
the suspension. If the person's probationary driver's license 761
or, restricted license, OR TEMPORARY INSTRUCTION PERMIT is under 762
suspension on the date the court imposes sentence upon the person 764
for a violation described in division (A)(2) of this section, the 765
suspension shall take effect on the next day immediately 766
following the end of that period of suspension. If the person is 767
sixteen years of age or older and pleads guilty to or is 768
convicted of a violation described in division (A)(2) of this 769
section and he THE PERSON does not have a current, valid 771
probationary driver's license or, restricted license, OR 772
TEMPORARY INSTRUCTION PERMIT, the registrar shall deny the 773
issuance to the person of a probationary driver's license, 774
restricted license, driver's license, probationary commercial 775
driver's license, or commercial driver's license, OR TEMPORARY 776
INSTRUCTION PERMIT, as the case may be, for six months beginning 777
on the date the court imposes sentence upon the person for the 778
violation. If the person has not attained the age of sixteen 779
years on the date the court imposes sentence upon him THE PERSON 780
for the violation, the period of denial shall commence on the 782
date the person attains the age of sixteen years. 783
(B) The registrar also shall suspend the temporary 785
instruction permit or probationary driver's license of any person 786
under the age of eighteen who has been adjudicated unruly, 787
delinquent, or a juvenile traffic offender for having committed 788
any act that if committed by an adult would be a drug abuse 789
offense as defined in section 2925.01 of the Revised Code, or a 790
18
violation of division (B) of section 2917.11 of the Revised Code 791
until the person reaches the age of eighteen years or attends, at 792
the discretion of the court, and satisfactorily completes a drug 793
abuse or alcohol abuse education, intervention, or treatment 794
program specified by the court. Any person whose temporary 795
instruction permit or probationary driver's license is suspended 796
under this division shall mail or deliver his THE PERSON'S permit 798
or license to the registrar within fourteen days of notification 799
of the suspension. The registrar shall retain the PERMIT OR 800
license during the period of the suspension. 802
(C) If a person is convicted of, pleads guilty to, or is 804
adjudicated in juvenile court of having committed a third SECOND 805
violation of sections 4511.12, 4511.13, 4511.15, 4511.20 to 806
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or 807
4511.75 of the Revised Code or any similar municipal ordinances 808
within a two-year period, and the person, within the preceding 809
seven years, has been convicted of, pleaded guilty to, or 810
adjudicated in juvenile court of having committed three or more 811
violations of division (A) or (B) of section 4511.19 of the 812
Revised Code, a municipal ordinance relating to operating a 813
vehicle while under the influence of alcohol, a drug of abuse, or 814
alcohol and a drug of abuse, a municipal ordinance relating to 815
operating a vehicle with a prohibited concentration of alcohol in 816
the blood, breath, or urine, section 2903.04 of the Revised Code 817
in a case in which the person was subject to the sanctions 818
described in division (D) of that section, or section 2903.06, 819
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 820
that is substantially similar to section 2903.07 of the Revised 821
Code in a case in which the jury or judge found that the person 822
was under the influence of alcohol, a drug of abuse, or alcohol 823
and a drug of abuse, the person is not entitled to request, and 824
the court shall not grant to the person, occupational driving 825
privileges under this division. For any other person who is 826
convicted of, pleads guilty to, or is adjudicated in juvenile 827
19
court of having committed a third SECOND violation of sections 828
4511.12, 4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 830
to 4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or 831
any similar municipal ordinances within a two-year period, the 832
court in which the third SECOND conviction, finding, plea, or 833
adjudication was made, upon petition of the person, may grant the 834
person occupational driving privileges if the court finds that 835
the person will reach his THE PERSON'S eighteenth birthday before 837
the period of suspension required to be imposed under division 838
(A)(1) of this section expires and further finds reasonable cause 839
to believe that the suspension, if continued beyond the person's 840
eighteenth birthday, will seriously affect the person's ability 841
to continue in his employment. The occupational driving 842
privileges granted under this division shall be effective on the 843
person's eighteenth birthday and during the period following such 844
birthday for which the suspension would otherwise WOULD be 845
imposed. A court shall not grant occupational driving privileges 847
to any person who, within seven years of the filing of the 848
petition, has been convicted of, pleaded guilty to, or 849
adjudicated in juvenile court of having committed three or more 850
violations of division (A) or (B) of section 4511.19 of the 851
Revised Code, a municipal ordinance relating to operating a 852
vehicle while under the influence of alcohol, a drug of abuse, or 853
alcohol and a drug of abuse, a municipal ordinance relating to 854
operating a vehicle with a prohibited concentration of alcohol in 855
the blood, breath, or urine, section 2903.04 of the Revised Code 856
in a case in which the person was subject to the sanctions 857
described in division (D) of that section, or section 2903.06, 858
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 859
that is substantially similar to section 2903.07 of the Revised 860
Code in a case in which the jury or judge found that the person 861
was under the influence of alcohol, a drug of abuse, or alcohol 862
and a drug of abuse. In granting occupational driving 863
privileges, the court shall specify the times and places at which 864
20
the person may drive and may impose any other conditions upon the 865
person's use of a motor vehicle that the court considers 866
reasonable and necessary.
A court that grants occupational driving privileges to a 868
person under this division shall retain the person's probationary 869
driver's license or, restricted license, OR TEMPORARY INSTRUCTION 871
PERMIT during the period the license OR PERMIT is suspended and 872
also during the period for which occupational driving privileges 873
are granted, and shall deliver to the person a permit card, in a 874
form to be prescribed by the court, setting forth the date on 875
which the occupational driving privileges will become effective, 876
the times and places at which the person may drive, and any other 877
conditions imposed upon the person's use of a motor vehicle. 878
The court immediately shall notify the registrar, in 880
writing, of a grant of occupational driving privileges. The 881
notification shall specify the date on which the occupational 882
driving privileges will become effective, the times and places at 883
which the person may drive, and any other conditions imposed upon 884
the person's use of a motor vehicle. The registrar shall not 885
suspend the probationary driver's license or, restricted license, 887
OR TEMPORARY INSTRUCTION PERMIT of any person pursuant to 888
division (A) of this section during any period for which the 889
person has been granted occupational driving privileges as 890
provided in this division, if the registrar has received the 891
notification described in this division from the court. 892
(D) If a person who has been granted occupational driving 894
privileges under division (C) of this section is convicted of, 895
pleads guilty to, or is adjudicated in juvenile court of having 896
committed, a violation of section 4507.02 of the Revised Code, or 897
a fourth THIRD or subsequent violation of any of the other 898
sections of the Revised Code listed in division (A)(1) of this 900
section or any similar municipal ordinance during the period for 901
which he THE PERSON was granted occupational driving privileges, 903
the court that granted the occupational driving privileges shall 904
21
revoke them and cancel the person's permit card. The court or 905
the clerk of the court immediately shall forward the person's 906
probationary driver's license or, restricted license, OR 907
TEMPORARY INSTRUCTION PERMIT together with written notification 908
of the court's action to the registrar. Upon receipt of the 909
license OR PERMIT and notification, the registrar shall suspend 910
the person's probationary driver's license or, restricted 912
license, OR TEMPORARY INSTRUCTION PERMIT for a period of one 913
year. The registrar shall retain the license OR PERMIT during 914
the period of suspension, and no further occupational driving 915
privileges shall be granted during that period.
(E) No application for a driver's or commercial driver's 917
license shall be received from any person whose probationary 918
driver's license or, restricted license, OR TEMPORARY INSTRUCTION 920
PERMIT has been suspended under this section until the suspension 921
period has expired, a temporary instruction permit or commercial 922
driver's license temporary instruction permit has been issued, 923
and the applicant has submitted to the examination for a driver's 924
license as provided for in section 4507.11 or a commercial 925
driver's license as provided in Chapter 4506. of the Revised 926
Code.
Sec. 4507.24. (A) Each deputy registrar may collect a fee 935
not to exceed the following: 936
(1) Three dollars and twenty-five cents for each 938
application for ISSUANCE OF A TEMPORARY INSTRUCTION PERMIT OR THE 939
renewal of a driver's license received by him THE DEPUTY, when 941
the applicant is required to submit to a VISION screening of his 942
vision under section 4507.12 of the Revised Code; 943
(2) Two dollars and twenty-five cents for each application 945
for a driver's license, or motorized bicycle license, or for 946
renewal of such a license, received by him THE DEPUTY, when the 947
applicant is not required to submit to a VISION screening of his 949
vision under section 4507.12 of the Revised Code. 951
(B) The fees prescribed by division (A) of this section 953
22
shall be in addition to the fee for a temporary instruction 954
permit and examination, a driver's license, a motorized bicycle 955
license, or duplicates thereof, and shall compensate the deputy 956
registrar for his THE DEPUTY'S services, for office and rental 957
expense, and for costs as provided in division (C) of this 959
section, as are necessary for the proper discharge of his THE 960
DEPUTY'S duties under sections 4507.01 to 4507.39 of the Revised 962
Code.
(C) Each deputy registrar shall transmit to the registrar 964
of motor vehicles, at such time and in such manner as the 965
registrar shall require by rule, an amount of each fee collected 966
under division (A)(1) of this section as shall be determined by 967
the registrar. The registrar shall pay all moneys so received by 968
him into the state bureau of motor vehicles fund created in 969
section 4501.25 of the Revised Code. 971
Sec. 4507.99. (A) Whoever violates division (B)(2) or 981
(D)(1) of section 4507.02 of the Revised Code is guilty of 982
driving under suspension or revocation or in violation of license 983
restrictions, a misdemeanor of the first degree. Whoever 984
violates division (C) of section 4507.02 of the Revised Code is 985
guilty of driving without paying a license reinstatement fee, a 986
misdemeanor of the first degree. Except as otherwise provided in 987
division (D) of section 4507.162 of the Revised Code, the court, 988
in addition to or independent of all other penalties provided by 989
law, may suspend for a period not to exceed one year the driver's 990
or commercial driver's license or permit or nonresident operating 991
privilege of any person who pleads guilty to or is convicted of a 992
violation of division (B)(2), (C), or (D)(1) of section 4507.02 993
of the Revised Code. 994
(B) Whoever violates division (D)(2) of section 4507.02 of 996
the Revised Code is guilty of driving under OMVI suspension or 997
revocation and shall be punished as provided in division (B)(1), 998
(2), or (3) and divisions (B)(4) to (8) of this section. 999
(1) If, within five years of the offense, the offender has 1,001
23
not been convicted of or pleaded guilty to any violation of 1,002
division (D)(2) of section 4507.02 of the Revised Code or a 1,003
municipal ordinance that is substantially equivalent to that 1,004
division, driving under OMVI suspension or revocation is a 1,005
misdemeanor of the first degree, and the court shall sentence the 1,006
offender to a term of imprisonment of not less than three 1,007
consecutive days and may sentence the offender pursuant to 1,008
section 2929.21 of the Revised Code to a longer term of 1,009
imprisonment. As an alternative to the term of imprisonment 1,010
required to be imposed by this division, but subject to division 1,011
(B)(6) of this section, the court may sentence the offender to a 1,012
term of not less than thirty consecutive days of electronically 1,013
monitored house arrest as defined in division (A)(4) of section 1,014
2929.23 of the Revised Code. The period of electronically 1,015
monitored house arrest shall not exceed six months. In addition, 1,016
the court shall impose upon the offender a fine of not less than 1,017
two hundred fifty and not more than one thousand dollars. 1,018
Regardless of whether the vehicle the offender was 1,020
operating at the time of the offense is registered in his name or 1,021
in the name of another person, the court, in addition to or 1,022
independent of any other sentence that it imposes upon the 1,023
offender and subject to section 4503.235 of the Revised Code, 1,024
shall order the immobilization for thirty days of the vehicle the 1,025
offender was operating at the time of the offense and the 1,026
impoundment for thirty days of the identification license plates 1,027
of that vehicle. The order for immobilization and impoundment 1,028
shall be issued and enforced in accordance with section 4503.233 1,029
of the Revised Code. 1,030
(2) If, within five years of the offense, the offender has 1,032
been convicted of or pleaded guilty to one violation of division 1,033
(D)(2) of section 4507.02 of the Revised Code or a municipal 1,034
ordinance that is substantially equivalent to that division, 1,035
driving under OMVI suspension or revocation is a misdemeanor, and 1,036
the court shall sentence the offender to a term of imprisonment 1,037
24
of not less than ten consecutive days and may sentence the 1,038
offender to a longer definite term of imprisonment of not more 1,039
than one year. As an alternative to the term of imprisonment 1,040
required to be imposed by this division, but subject to division 1,041
(B)(6) of this section, the court may sentence the offender to a 1,042
term of not less than ninety consecutive days of electronically 1,043
monitored house arrest as defined in division (A)(4) of section 1,044
2929.23 of the Revised Code. The period of electronically 1,045
monitored house arrest shall not exceed one year. In addition, 1,046
the court shall impose upon the offender a fine of not less than 1,047
five hundred and not more than two thousand five hundred dollars. 1,048
Regardless of whether the vehicle the offender was 1,050
operating at the time of the offense is registered in his name or 1,051
in the name of another person, the court, in addition to or 1,052
independent of any other sentence that it imposes upon the 1,053
offender and subject to section 4503.235 of the Revised Code, 1,054
shall order the immobilization for sixty days of the vehicle the 1,055
offender was operating at the time of the offense and the 1,056
impoundment for sixty days of the identification license plates 1,057
of that vehicle. The order for immobilization and impoundment 1,058
shall be issued and enforced in accordance with section 4503.233 1,059
of the Revised Code. 1,060
(3) If, within five years of the offense, the offender has 1,062
been convicted of or pleaded guilty to two or more violations of 1,063
division (D)(2) of section 4507.02 of the Revised Code or a 1,064
municipal ordinance that is substantially equivalent to that 1,065
division, driving under OMVI suspension or revocation is guilty 1,066
of a misdemeanor. The court shall sentence the offender to a 1,067
term of imprisonment of not less than thirty consecutive days and 1,068
may sentence the offender to a longer definite term of 1,069
imprisonment of not more than one year. The court shall not 1,070
sentence the offender to a term of electronically monitored house 1,071
arrest as defined in division (A)(4) of section 2929.23 of the 1,072
Revised Code. In addition, the court shall impose upon the 1,073
25
offender a fine of not less than five hundred and not more than 1,074
two thousand five hundred dollars. 1,075
Regardless of whether the vehicle the offender was 1,077
operating at the time of the offense is registered in his name or 1,078
in the name of another person, the court, in addition to or 1,079
independent of any other sentence that it imposes upon the 1,080
offender and subject to section 4503.235 of the Revised Code, 1,081
shall order the criminal forfeiture to the state of the vehicle 1,082
the offender was operating at the time of the offense. The order 1,083
of criminal forfeiture shall be issued and enforced in accordance 1,084
with section 4503.234 of the Revised Code. 1,085
If title to a motor vehicle that is subject to an order for 1,087
criminal forfeiture under this section is assigned or transferred 1,088
and division (C)(2) or (3) of section 4503.234 of the Revised 1,090
Code applies, in addition to or independent of any other penalty 1,091
established by law, the court may fine the offender the value of 1,092
the vehicle as determined by publications of the national auto 1,093
dealer's association. The proceeds from any fine imposed under 1,094
this division shall be distributed in accordance with division 1,095
(D)(4) of section 4503.234 of the Revised Code. 1,097
(4) In addition to or independent of all other penalties 1,099
provided by law or ordinance, the trial judge of any court of 1,100
record or the mayor of a mayor's court shall suspend for a period 1,101
not to exceed one year the driver's or commercial driver's 1,102
license or permit or nonresident operating privilege of an 1,103
offender who is sentenced under division (B)(1), (2), or (3) of 1,104
this section. 1,105
(5) Fifty per cent of any fine imposed by a court under 1,107
division (B)(1), (2), or (3) of this section shall be deposited 1,108
into the county indigent driver's alcohol treatment fund or 1,109
municipal indigent drivers alcohol treatment fund under the 1,110
control of that court, as created by the county or municipal 1,111
corporation pursuant to division (N) of section 4511.191 of the 1,112
Revised Code.
26
(6) No court shall impose the alternative sentence of not 1,114
less than thirty consecutive days of electronically monitored 1,115
house arrest permitted to be imposed by division (B)(1) of this 1,116
section or the alternative sentence of a term of not less than 1,117
ninety consecutive days of electronically monitored house arrest 1,118
permitted to be imposed by division (B)(2) of this section, 1,119
unless within sixty days of the date of sentencing, the court 1,120
issues a written finding, entered into the record, that, due to 1,121
the unavailability of space at the incarceration facility where 1,122
the offender is required to serve the term of imprisonment 1,123
imposed upon him, the offender will not be able to begin serving 1,124
his term of imprisonment within the sixty-day period following 1,125
the date of sentencing. If the court issues such a finding, the 1,126
court may impose the alternative sentence comprised of or 1,127
including electronically monitored house arrest permitted to be 1,128
imposed by division (B)(1) or (2) of this section. 1,129
(7) An offender sentenced under this section to a period 1,131
of electronically monitored house arrest shall be permitted work 1,132
release during such period. The duration of the work release 1,133
shall not exceed the time necessary each day for the offender to 1,134
commute to and from the place of employment and his home or other 1,135
place specified by the sentencing court and the time actually 1,136
spent under employment. 1,137
(8) Suspension of a commercial driver's license under this 1,139
section shall be concurrent with any period of disqualification 1,140
under section 4506.16 of the Revised Code. No person who is 1,141
disqualified for life from holding a commercial driver's license 1,142
under section 4506.16 of the Revised Code shall be issued a 1,143
driver's license under this chapter during the period for which 1,144
the commercial driver's license was suspended under this section, 1,145
and no person whose commercial driver's license is suspended 1,146
under this section shall be issued a driver's license under this 1,147
chapter during the period of the suspension. 1,148
(C) Whoever violates division (B)(1) of section 4507.02 of 1,150
27
the Revised Code is guilty of driving under financial 1,151
responsibility law suspension or revocation and shall be punished 1,152
as provided in division (C)(1), (2), or (3) and division (C)(4) 1,153
of this section. 1,154
(1) If, within five years of the offense, the offender has 1,156
not been convicted of or pleaded guilty to a violation of 1,157
division (B)(1) of section 4507.02 of the Revised Code or a 1,158
municipal ordinance that is substantially equivalent to that 1,159
division, driving under financial responsibility law suspension 1,160
or revocation is a misdemeanor of the first degree. 1,161
Regardless of whether the vehicle the offender was 1,163
operating at the time of the offense is registered in his name or 1,164
in the name of another person, the court, in addition to or 1,165
independent of any other sentence that it imposes upon the 1,166
offender and subject to section 4503.235 of the Revised Code, 1,167
shall order the immobilization for thirty days of the vehicle the 1,168
offender was operating at the time of the offense and the 1,169
impoundment for thirty days of the identification license plates 1,170
of that vehicle. The order for immobilization and impoundment 1,171
shall be issued and enforced in accordance with section 4503.233 1,172
of the Revised Code. 1,173
(2) If, within five years of the offense, the offender has 1,175
been convicted of or pleaded guilty to one violation of division 1,176
(B)(1) of section 4507.02 of the Revised Code or a municipal 1,177
ordinance that is substantially equivalent to that division, 1,178
driving under financial responsibility law suspension or 1,179
revocation is a misdemeanor of the first degree. 1,180
Regardless of whether the vehicle the offender was 1,182
operating at the time of the offense is registered in his name or 1,183
in the name of another person, the court, in addition to or 1,184
independent of any other sentence that it imposes upon the 1,185
offender and subject to section 4503.235 of the Revised Code, 1,186
shall order the immobilization for sixty days of the vehicle the 1,187
offender was operating at the time of the offense and the 1,188
28
impoundment for sixty days of the identification license plates 1,189
of that vehicle. The order for immobilization and impoundment 1,190
shall be issued and enforced in accordance with section 4503.233 1,191
of the Revised Code. 1,192
(3) If, within five years of the offense, the offender has 1,194
been convicted of or pleaded guilty to two or more violations of 1,195
division (B)(1) of section 4507.02 of the Revised Code or a 1,196
municipal ordinance that is substantially equivalent to that 1,197
division, driving under financial responsibility law suspension 1,198
or revocation is a misdemeanor of the first degree. 1,199
Regardless of whether the vehicle the offender was 1,201
operating at the time of the offense is registered in his name or 1,202
in the name of another person, the court, in addition to or 1,203
independent of any other sentence that it imposes upon the 1,204
offender and subject to section 4503.235 of the Revised Code, 1,205
shall order the criminal forfeiture to the state of the vehicle 1,206
the offender was operating at the time of the offense. The order 1,207
of criminal forfeiture shall be issued and enforced in accordance 1,208
with section 4503.234 of the Revised Code. 1,209
If title to a motor vehicle that is subject to an order for 1,211
criminal forfeiture under this section is assigned or transferred 1,212
and division (C)(2) or (3) of section 4503.234 of the Revised 1,214
Code applies, in addition to or independent of any other penalty 1,215
established by law, the court may fine the offender the value of 1,216
the vehicle as determined by publications of the national auto 1,217
dealer's association. The proceeds from any fine imposed under 1,218
this division shall be distributed in accordance with division 1,219
(D)(4) of section 4503.234 of the Revised Code. 1,221
(4) Except as otherwise provided in division (D) of 1,223
section 4507.162 of the Revised Code, the court, in addition to 1,224
or independent of all other penalties provided by law, may 1,225
suspend for a period not to exceed one year the driver's or 1,226
commercial driver's license or permit or nonresident operating 1,227
privilege of an offender who is sentenced under division (C)(1), 1,228
29
(2), or (3) of this section. 1,229
(5) The court shall not release a vehicle from the 1,231
immobilization ordered under division (C)(1) or (2) of this 1,232
section unless the court is presented with current proof of 1,233
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section 1,235
4507.02 of the Revised Code by operating a motor vehicle when his 1,236
driver's or commercial driver's license has been expired for no 1,237
more than six months is guilty of a minor misdemeanor. Whoever 1,238
violates division (B) of section 4507.13 or division (C) of 1,239
section 4507.52 of the Revised Code is guilty of a minor 1,240
misdemeanor. 1,241
(E) Whoever violates section 4507.33 of the Revised Code 1,243
is guilty of permitting the operation of a vehicle by a person 1,244
with no legal right to operate a vehicle and shall be punished as 1,245
provided in division (E)(1) or (2) of this section. 1,246
(1) If the offender previously has not been convicted of 1,248
or pleaded guilty to a violation of section 4507.33 of the 1,249
Revised Code, permitting the operation of a vehicle by a person 1,250
with no legal right to operate a vehicle is a misdemeanor of the 1,251
first degree. In addition to or independent of any other 1,252
sentence that it imposes upon the offender and subject to section 1,253
4503.235 of the Revised Code, the court shall order the 1,254
immobilization for thirty days of the vehicle involved in the 1,255
offense and the impoundment for thirty days of the identification 1,256
license plates of that vehicle. The order for immobilization and 1,257
impoundment shall be issued and enforced in accordance with 1,258
section 4503.233 of the Revised Code. 1,259
(2) If the offender previously has been convicted of or 1,261
pleaded guilty to one or more violations of section 4507.33 of 1,262
the Revised Code, permitting the operation of a vehicle by a 1,263
person with no legal right to operate a vehicle is a misdemeanor 1,264
of the first degree. In addition to or independent of any other 1,265
sentence that it imposes upon the offender and subject to section 1,266
30
4503.235 of the Revised Code, the court shall order the criminal 1,267
forfeiture to the state of the vehicle involved in the offense. 1,268
The order of criminal forfeiture shall be issued and enforced in 1,269
accordance with section 4503.234 of the Revised Code. 1,270
If title to a motor vehicle that is subject to an order for 1,272
criminal forfeiture under this section is assigned or transferred 1,273
and division (C)(2) or (3) of section 4503.234 of the Revised 1,275
Code applies, in addition to or independent of any other penalty 1,276
established by law, the court may fine the offender the value of 1,277
the vehicle as determined by publications of the national auto 1,278
dealer's association. The proceeds from any fine imposed under 1,279
this division shall be distributed in accordance with division 1,280
(D)(4) of section 4503.234 of the Revised Code. 1,282
(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05, OR 1,285
DIVISION (B) OR (C) OF SECTION 4507.071 OF THE REVISED CODE IS 1,289
GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE. 1,290
(G) Except as provided in divisions (A) to (E) of this 1,292
section and unless another penalty is provided by the laws of 1,293
this state, whoever violates any provision of sections 4507.01 to 1,294
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a 1,295
misdemeanor of the first degree. 1,296
(G)(H) Whenever a person is found guilty of a violation of 1,298
section 4507.32 of the Revised Code, the trial judge of any court 1,299
of record, in addition to or independent of all other penalties 1,300
provided by law or ordinance, may suspend for any period of time 1,301
not exceeding three years or revoke the license of any person, 1,302
partnership, association, or corporation, issued under section 1,303
4511.763 of the Revised Code. 1,304
(H)(I) Whenever a person is found guilty of a violation of 1,306
a traffic offense specified in Traffic Rule 13(B) that requires 1,307
the person's appearance in court, the court shall, in addition to 1,308
and independent of all other penalties required by law or 1,309
ordinance, require the person to verify the existence at the time 1,310
of the offense of proof of financial responsibility covering the 1,311
31
person's operation of the motor vehicle, or the motor vehicle if 1,312
registered in the person's name, and impose the civil penalties 1,313
specified in division (A) of section 4509.101 of the Revised Code 1,314
if the person fails to verify the existence of such proof of 1,315
financial responsibility. 1,316
(I)(J) This is an interim section effective until May 15, 1,318
1997. 1,319
Section 2. That existing sections 4507.05, 4507.07, 1,321
4507.08, 4507.081, 4507.10, 4507.11, 4507.12, 4507.13, 4507.162, 1,322
4507.24, and 4507.99 of the Revised Code are hereby repealed. 1,323
Section 3. That section 4507.08 of the Revised Code, as 1,326
amended by Sub. H.B. 167 of the 121st General Assembly, be
amended to read as follows: 1,327
Sec. 4507.08. No driver's license shall be issued to any 1,336
person under eighteen years of age, except that a probationary 1,337
license may be issued to a person over sixteen years of age and a 1,338
restricted license may be issued to a person who is fourteen or 1,339
fifteen years of age upon proof of hardship satisfactory to the 1,340
registrar of motor vehicles. (A) No probationary license shall 1,341
be issued to any person under the age of eighteen who has been 1,343
adjudicated an unruly or delinquent child or a juvenile traffic 1,344
offender for having committed any act that if committed by an 1,345
adult would be a drug abuse offense, as defined in section 1,346
2925.01 of the Revised Code, a violation of division (B) of 1,347
section 2917.11, or a violation of division (A) of section 1,348
4511.19 of the Revised Code, unless the person has been required 1,349
by the court to attend a drug abuse or alcohol abuse education, 1,350
intervention, or treatment program specified by the court and has 1,351
satisfactorily completed the program. 1,352
(B) No temporary instruction permit or driver's license 1,354
shall be issued to any person whose license has been suspended, 1,355
during the period for which the license was suspended, nor to any 1,356
person whose license has been revoked, under sections 4507.01 to 1,357
4507.39 of the Revised Code, until the expiration of one year 1,358
32
after the license was revoked. 1,359
(C) No temporary instruction permit or driver's license 1,361
shall be issued to any person whose commercial driver's license 1,362
is suspended under section 1905.201, 2301.374, 4507.16, 4507.34, 1,363
4507.99, 4511.191, or 4511.196 of the Revised Code or under any 1,364
other provision of the Revised Code during the period of the 1,365
suspension. 1,366
(D) No temporary instruction permit or driver's license 1,368
shall be issued to, or retained by ANY OF THE FOLLOWING PERSONS: 1,369
(A)(1) Any person who is an alcoholic, or is addicted to 1,371
the use of controlled substances to the extent that the use 1,372
constitutes an impairment to the person's ability to operate a 1,373
motor vehicle with the required degree of safety; 1,374
(B)(2) Any person who is under the age of eighteen and has 1,376
been adjudicated an unruly or delinquent child or a juvenile 1,377
traffic offender for having committed any act that if committed 1,378
by an adult would be a drug abuse offense, as defined in section 1,379
2925.01 of the Revised Code, a violation of division (B) of 1,380
section 2917.11, or a violation of division (A) of section 1,381
4511.19 of the Revised Code, unless the person has been required 1,382
by the court to attend a drug abuse or alcohol abuse education, 1,383
intervention, or treatment program specified by the court and has 1,384
satisfactorily completed the program; 1,385
(C)(3) Any person who, in the opinion of the registrar, is 1,387
afflicted with or suffering from a physical or mental disability 1,388
or disease that prevents the person from exercising reasonable 1,389
and ordinary control over a motor vehicle while operating the 1,390
vehicle upon the highways, except that a restricted license 1,391
effective for six months may be issued to any person otherwise 1,392
qualified who is or has been subject to any condition resulting 1,393
in episodic impairment of consciousness or loss of muscular 1,394
control and whose condition, in the opinion of the registrar, is 1,395
dormant or is sufficiently under medical control that the person 1,396
is capable of exercising reasonable and ordinary control over a 1,397
33
motor vehicle. A restricted license effective for six months 1,398
shall be issued to any person who is otherwise qualified who is 1,399
subject to any condition which causes episodic impairment of 1,400
consciousness or a loss of muscular control if the person 1,401
presents a statement from a licensed physician that the person's 1,402
condition is under effective medical control and the period of 1,403
time for which the control has been continuously maintained, 1,404
unless, thereafter, a medical examination is ordered and, 1,405
pursuant thereto, cause for denial is found. 1,406
A person to whom a six-month restricted license has been 1,408
issued shall give notice of the person's medical condition to the 1,409
registrar on forms provided by the registrar and signed by the 1,410
licensee's physician. The notice shall be sent to the registrar 1,411
six months after the issuance of the license. Subsequent 1,412
restricted licenses issued to the same individual shall be 1,413
effective for six months. 1,414
(D)(4) Any person who is unable to understand highway 1,416
warnings or traffic signs or directions given in the English 1,417
language; 1,418
(E)(5) Any person making an application whose driver's 1,420
license or driving privileges are under revocation or suspension 1,421
in the jurisdiction where issued or any other jurisdiction, until 1,422
the expiration of one year after the license was revoked or until 1,423
the period of suspension ends. Any person whose application is 1,424
denied under this division may file a petition in the municipal 1,425
court or county court in whose jurisdiction the person resides 1,426
agreeing to pay the cost of the proceedings and alleging that the 1,427
conduct involved in the offense that resulted in suspension or 1,428
revocation in the foreign jurisdiction would not have resulted in 1,429
a suspension or revocation had the offense occurred in this 1,430
state. If the petition is granted, petitioner shall notify the 1,431
registrar of motor vehicles by a certified copy of the court's 1,432
findings and a license shall not be denied under this division; 1,433
(F)(6) Any person whose driver's or commercial driver's 1,435
34
license or permit has been permanently revoked pursuant to 1,436
division (C) of section 4507.16 of the Revised Code. 1,437
Section 4. That all existing versions of section 4507.08 1,439
of the Revised Code are hereby repealed. 1,440
Section 5. That section 4507.99 of the Revised Code, as 1,442
amended by Am. Sub. H.B. 676 of the 121st General Assembly, be 1,443
amended to read as follows: 1,444
"Sec. 4507.99. (A) Whoever violates division (B)(2) or 1,454
(D)(1) of section 4507.02 of the Revised Code is guilty of 1,455
driving under suspension or revocation or in violation of license 1,456
restrictions, a misdemeanor of the first degree. Whoever 1,457
violates division (C) of section 4507.02 of the Revised Code is 1,458
guilty of driving without paying a license reinstatement fee, a 1,459
misdemeanor of the first degree. Except as otherwise provided in 1,460
division (D) of section 4507.162 of the Revised Code, the court, 1,461
in addition to or independent of all other penalties provided by 1,462
law, may suspend for a period not to exceed one year the driver's 1,463
or commercial driver's license or permit or nonresident operating 1,464
privilege of any person who pleads guilty to or is convicted of a 1,465
violation of division (B)(2), (C), or (D)(1) of section 4507.02 1,466
of the Revised Code. 1,467
(B) Whoever violates division (D)(2) of section 4507.02 of 1,469
the Revised Code is guilty of driving under OMVI suspension or 1,470
revocation and shall be punished as provided in division (B)(1), 1,471
(2), or (3) and divisions (B)(4) to (8) of this section. 1,472
(1) Except as otherwise provided in division (B)(2) or (3) 1,474
of this section, driving under OMVI suspension or revocation is a 1,475
misdemeanor of the first degree, and the court shall sentence the 1,476
offender to a term of imprisonment of not less than three 1,477
consecutive days and may sentence the offender pursuant to 1,478
section 2929.21 of the Revised Code to a longer term of 1,479
imprisonment. As an alternative to the term of imprisonment 1,480
required to be imposed by this division, but subject to division 1,481
(B)(6) of this section, the court may sentence the offender to a 1,482
35
term of not less than thirty consecutive days of electronically 1,483
monitored house arrest as defined in division (A)(4) of section 1,484
2929.23 of the Revised Code. The period of electronically 1,485
monitored house arrest shall not exceed six months. In addition, 1,486
the court shall impose upon the offender a fine of not less than 1,487
two hundred fifty and not more than one thousand dollars. 1,488
Regardless of whether the vehicle the offender was 1,490
operating at the time of the offense is registered in the 1,491
offender's name or in the name of another person, the court, in 1,492
addition to or independent of any other sentence that it imposes 1,493
upon the offender and subject to section 4503.235 of the Revised 1,494
Code, shall order the immobilization for thirty days of the 1,495
vehicle the offender was operating at the time of the offense and 1,496
the impoundment for thirty days of the identification license 1,497
plates of that vehicle. The order for immobilization and 1,498
impoundment shall be issued and enforced in accordance with 1,499
section 4503.233 of the Revised Code. 1,500
(2) If, within five years of the offense, the offender has 1,502
been convicted of or pleaded guilty to one violation of division 1,503
(D)(2) of section 4507.02 of the Revised Code or a municipal 1,504
ordinance that is substantially equivalent to that division, 1,505
driving under OMVI suspension or revocation is a misdemeanor, and 1,506
the court shall sentence the offender to a term of imprisonment 1,507
of not less than ten consecutive days and may sentence the 1,508
offender to a longer definite term of imprisonment of not more 1,509
than one year. As an alternative to the term of imprisonment 1,510
required to be imposed by this division, but subject to division 1,511
(B)(6) of this section, the court may sentence the offender to a 1,512
term of not less than ninety consecutive days of electronically 1,513
monitored house arrest as defined in division (A)(4) of section 1,514
2929.23 of the Revised Code. The period of electronically 1,515
monitored house arrest shall not exceed one year. In addition, 1,516
the court shall impose upon the offender a fine of not less than 1,517
five hundred and not more than two thousand five hundred dollars. 1,518
36
Regardless of whether the vehicle the offender was 1,520
operating at the time of the offense is registered in the 1,521
offender's name or in the name of another person, the court, in 1,522
addition to or independent of any other sentence that it imposes 1,523
upon the offender and subject to section 4503.235 of the Revised 1,524
Code, shall order the immobilization for sixty days of the 1,525
vehicle the offender was operating at the time of the offense and 1,526
the impoundment for sixty days of the identification license 1,527
plates of that vehicle. The order for immobilization and 1,528
impoundment shall be issued and enforced in accordance with 1,529
section 4503.233 of the Revised Code. 1,530
(3) If, within five years of the offense, the offender has 1,532
been convicted of or pleaded guilty to two or more violations of 1,533
division (D)(2) of section 4507.02 of the Revised Code or a 1,534
municipal ordinance that is substantially equivalent to that 1,535
division, driving under OMVI suspension or revocation is guilty 1,536
of a misdemeanor. The court shall sentence the offender to a 1,537
term of imprisonment of not less than thirty consecutive days and 1,538
may sentence the offender to a longer definite term of 1,539
imprisonment of not more than one year. The court shall not 1,540
sentence the offender to a term of electronically monitored house 1,541
arrest as defined in division (A)(4) of section 2929.23 of the 1,542
Revised Code. In addition, the court shall impose upon the 1,543
offender a fine of not less than five hundred and not more than 1,544
two thousand five hundred dollars. 1,545
Regardless of whether the vehicle the offender was 1,547
operating at the time of the offense is registered in the 1,548
offender's name or in the name of another person, the court, in 1,549
addition to or independent of any other sentence that it imposes 1,550
upon the offender and subject to section 4503.235 of the Revised 1,551
Code, shall order the criminal forfeiture to the state of the 1,552
vehicle the offender was operating at the time of the offense. 1,553
The order of criminal forfeiture shall be issued and enforced in 1,554
accordance with section 4503.234 of the Revised Code. 1,555
37
If title to a motor vehicle that is subject to an order for 1,557
criminal forfeiture under this section is assigned or transferred 1,558
and division (C)(2) or (3) of section 4503.234 of the Revised 1,560
Code applies, in addition to or independent of any other penalty 1,561
established by law, the court may fine the offender the value of 1,562
the vehicle as determined by publications of the national auto 1,563
dealer's association. The proceeds from any fine imposed under 1,564
this division shall be distributed in accordance with division 1,565
(D)(4) of section 4503.234 of the Revised Code. 1,567
(4) In addition to or independent of all other penalties 1,569
provided by law or ordinance, the trial judge of any court of 1,570
record or the mayor of a mayor's court shall suspend for a period 1,571
not to exceed one year the driver's or commercial driver's 1,572
license or permit or nonresident operating privilege of an 1,573
offender who is sentenced under division (B)(1), (2), or (3) of 1,574
this section. 1,575
(5) Fifty per cent of any fine imposed by a court under 1,577
division (B)(1), (2), or (3) of this section shall be deposited 1,578
into the county indigent driver's alcohol treatment fund or 1,579
municipal indigent drivers alcohol treatment fund under the 1,580
control of that court, as created by the county or municipal 1,581
corporation pursuant to division (N) of section 4511.191 of the 1,582
Revised Code.
(6) No court shall impose the alternative sentence of not 1,584
less than thirty consecutive days of electronically monitored 1,585
house arrest permitted to be imposed by division (B)(1) of this 1,586
section or the alternative sentence of a term of not less than 1,587
ninety consecutive days of electronically monitored house arrest 1,588
permitted to be imposed by division (B)(2) of this section, 1,589
unless within sixty days of the date of sentencing, the court 1,590
issues a written finding, entered into the record, that, due to 1,591
the unavailability of space at the incarceration facility where 1,592
the offender is required to serve the term of imprisonment 1,593
imposed upon the offender, the offender will not be able to begin 1,594
38
serving that term of imprisonment within the sixty-day period 1,596
following the date of sentencing. If the court issues such a 1,597
finding, the court may impose the alternative sentence comprised 1,598
of or including electronically monitored house arrest permitted 1,599
to be imposed by division (B)(1) or (2) of this section. 1,600
(7) An offender sentenced under this section to a period 1,602
of electronically monitored house arrest shall be permitted work 1,603
release during such period. The duration of the work release 1,604
shall not exceed the time necessary each day for the offender to 1,605
commute to and from the place of employment and the offender's 1,606
home or other place specified by the sentencing court and the 1,607
time actually spent under employment. 1,608
(8) Suspension of a commercial driver's license under this 1,610
section shall be concurrent with any period of disqualification 1,611
under section 2301.374 or 4506.16 of the Revised Code. No person 1,612
who is disqualified for life from holding a commercial driver's 1,613
license under section 4506.16 of the Revised Code shall be issued 1,614
a driver's license under this chapter during the period for which 1,615
the commercial driver's license was suspended under this section, 1,616
and no person whose commercial driver's license is suspended 1,617
under this section shall be issued a driver's license under this 1,618
chapter during the period of the suspension. 1,619
(C) Whoever violates division (B)(1) of section 4507.02 of 1,621
the Revised Code is guilty of driving under financial 1,622
responsibility law suspension or revocation and shall be punished 1,623
as provided in division (C)(1), (2), or (3) and division (C)(4) 1,624
of this section. 1,625
(1) Except as otherwise provided in division (C)(2) or (3) 1,627
of this section, driving under financial responsibility law 1,628
suspension or revocation is a misdemeanor of the first degree. 1,629
Regardless of whether the vehicle the offender was 1,631
operating at the time of the offense is registered in the 1,632
offender's name or in the name of another person, the court, in 1,633
addition to or independent of any other sentence that it imposes 1,634
39
upon the offender and subject to section 4503.235 of the Revised 1,635
Code, shall order the immobilization for thirty days of the 1,636
vehicle the offender was operating at the time of the offense and 1,637
the impoundment for thirty days of the identification license 1,638
plates of that vehicle. The order for immobilization and 1,639
impoundment shall be issued and enforced in accordance with 1,640
section 4503.233 of the Revised Code. 1,641
(2) If, within five years of the offense, the offender has 1,643
been convicted of or pleaded guilty to one violation of division 1,644
(B)(1) of section 4507.02 of the Revised Code or a municipal 1,645
ordinance that is substantially equivalent to that division, 1,646
driving under financial responsibility law suspension or 1,647
revocation is a misdemeanor of the first degree. 1,648
Regardless of whether the vehicle the offender was 1,650
operating at the time of the offense is registered in the 1,651
offender's name or in the name of another person, the court, in 1,652
addition to or independent of any other sentence that it imposes 1,653
upon the offender and subject to section 4503.235 of the Revised 1,654
Code, shall order the immobilization for sixty days of the 1,655
vehicle the offender was operating at the time of the offense and 1,656
the impoundment for sixty days of the identification license 1,657
plates of that vehicle. The order for immobilization and 1,658
impoundment shall be issued and enforced in accordance with 1,659
section 4503.233 of the Revised Code. 1,660
(3) If, within five years of the offense, the offender has 1,662
been convicted of or pleaded guilty to two or more violations of 1,663
division (B)(1) of section 4507.02 of the Revised Code or a 1,664
municipal ordinance that is substantially equivalent to that 1,665
division, driving under financial responsibility law suspension 1,666
or revocation is a misdemeanor of the first degree. 1,667
Regardless of whether the vehicle the offender was 1,669
operating at the time of the offense is registered in the 1,670
offender's name or in the name of another person, the court, in 1,671
addition to or independent of any other sentence that it imposes 1,672
40
upon the offender and subject to section 4503.235 of the Revised 1,673
Code, shall order the criminal forfeiture to the state of the 1,674
vehicle the offender was operating at the time of the offense. 1,675
The order of criminal forfeiture shall be issued and enforced in 1,676
accordance with section 4503.234 of the Revised Code. 1,677
If title to a motor vehicle that is subject to an order for 1,679
criminal forfeiture under this section is assigned or transferred 1,680
and division (C)(2) or (3) of section 4503.234 of the Revised 1,682
Code applies, in addition to or independent of any other penalty 1,683
established by law, the court may fine the offender the value of 1,684
the vehicle as determined by publications of the national auto 1,685
dealer's association. The proceeds from any fine imposed under 1,686
this division shall be distributed in accordance with division 1,687
(D)(4) of section 4503.234 of the Revised Code. 1,689
(4) Except as otherwise provided in division (D) of 1,691
section 4507.162 of the Revised Code, the court, in addition to 1,692
or independent of all other penalties provided by law, may 1,693
suspend for a period not to exceed one year the driver's or 1,694
commercial driver's license or permit or nonresident operating 1,695
privilege of an offender who is sentenced under division (C)(1), 1,696
(2), or (3) of this section. 1,697
(5) The court shall not release a vehicle from the 1,699
immobilization ordered under division (C)(1) or (2) of this 1,700
section unless the court is presented with current proof of 1,702
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section 1,704
4507.02 of the Revised Code by operating a motor vehicle when the 1,706
offender's driver's or commercial driver's license has been 1,707
expired for no more than six months is guilty of a minor 1,708
misdemeanor. Whoever violates division (B) of section 4507.13 or 1,709
division (C) of section 4507.52 of the Revised Code is guilty of 1,710
a minor misdemeanor. 1,711
(E) Whoever violates section 4507.33 of the Revised Code 1,713
is guilty of permitting the operation of a vehicle by a person 1,714
41
with no legal right to operate a vehicle and shall be punished as 1,715
provided in division (E)(1) or (2) of this section. 1,716
(1) Except as otherwise provided in division (E)(2) of 1,718
this section, permitting the operation of a vehicle by a person 1,719
with no legal right to operate a vehicle is a misdemeanor of the 1,720
first degree. In addition to or independent of any other 1,721
sentence that it imposes upon the offender and subject to section 1,722
4503.235 of the Revised Code, the court shall order the 1,723
immobilization for thirty days of the vehicle involved in the 1,724
offense and the impoundment for thirty days of the identification 1,725
license plates of that vehicle. The order for immobilization and 1,726
impoundment shall be issued and enforced in accordance with 1,727
section 4503.233 of the Revised Code. 1,728
(2) If the offender previously has been convicted of or 1,730
pleaded guilty to one or more violations of section 4507.33 of 1,731
the Revised Code, permitting the operation of a vehicle by a 1,732
person with no legal right to operate a vehicle is a misdemeanor 1,733
of the first degree. In addition to or independent of any other 1,734
sentence that it imposes upon the offender and subject to section 1,735
4503.235 of the Revised Code, the court shall order the criminal 1,736
forfeiture to the state of the vehicle involved in the offense. 1,737
The order of criminal forfeiture shall be issued and enforced in 1,738
accordance with section 4503.234 of the Revised Code. 1,739
If title to a motor vehicle that is subject to an order for 1,741
criminal forfeiture under this section is assigned or transferred 1,742
and division (C)(2) or (3) of section 4503.234 of the Revised 1,744
Code applies, in addition to or independent of any other penalty 1,745
established by law, the court may fine the offender the value of 1,746
the vehicle as determined by publications of the national auto 1,747
dealer's association. The proceeds from any fine imposed under 1,748
this division shall be distributed in accordance with division 1,749
(D)(4) of section 4503.234 of the Revised Code. 1,751
(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05, OR 1,754
DIVISION (B) OR (C) OF SECTION 4507.071 OF THE REVISED CODE IS 1,758
42
GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE. 1,759
(G) Except as provided in divisions (A) to (E) of this 1,761
section and unless another penalty is provided by the laws of 1,762
this state, whoever violates any provision of sections 4507.01 to 1,763
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a 1,764
misdemeanor of the first degree. 1,765
(G)(H) Whenever a person is found guilty of a violation of 1,767
section 4507.32 of the Revised Code, the trial judge of any court 1,768
of record, in addition to or independent of all other penalties 1,769
provided by law or ordinance, may suspend for any period of time 1,770
not exceeding three years or revoke the license of any person, 1,771
partnership, association, or corporation, issued under section 1,772
4511.763 of the Revised Code. 1,773
(H)(I) Whenever a person is found guilty of a violation of 1,775
a traffic offense specified in Traffic Rule 13(B) that requires 1,776
the person's appearance in court, the court shall, in addition to 1,777
and independent of all other penalties required by law or 1,778
ordinance, require the person to verify the existence at the time 1,779
of the offense of proof of financial responsibility covering the 1,780
person's operation of the motor vehicle, or the motor vehicle if 1,781
registered in the person's name, and impose the civil penalties 1,782
specified in division (A) of section 4509.101 of the Revised Code 1,783
if the person fails to verify the existence of such proof of 1,784
financial responsibility." 1,785
(J) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 1,787
1997. 1,788
Section 6. That all existing versions of section 4507.99 1,790
of the Revised Code are hereby repealed. 1,791
Section 7. Sections 3, 4, 5, and 6 of this act shall take 1,793
effect May 15, 1997. 1,794
Section 8. That section 4507.99 of the Revised Code, as 1,796
amended by Am. Sub. H.B. 438 of the 121st General Assembly, be 1,797
amended to read as follows: 1,798
"Sec. 4507.99. (A) Whoever violates division (B)(2) or 1,808
43
(D)(1) of section 4507.02 of the Revised Code is guilty of 1,809
driving under suspension or revocation or in violation of license 1,810
restrictions, a misdemeanor of the first degree. Whoever 1,811
violates division (C) of section 4507.02 of the Revised Code is 1,812
guilty of driving without paying a license reinstatement fee, a 1,813
misdemeanor of the first degree. Except as otherwise provided in 1,814
division (D) of section 4507.162 of the Revised Code, the court, 1,815
in addition to or independent of all other penalties provided by 1,816
law, may suspend for a period not to exceed one year the driver's 1,817
or commercial driver's license or permit or nonresident operating 1,818
privilege of any person who pleads guilty to or is convicted of a 1,819
violation of division (B)(2), (C), or (D)(1) of section 4507.02 1,820
of the Revised Code. 1,821
(B) Whoever violates division (D)(2) of section 4507.02 of 1,823
the Revised Code is guilty of driving under OMVI suspension or 1,824
revocation and shall be punished as provided in division (B)(1), 1,825
(2), or (3) and divisions (B)(4) to (8) of this section. 1,826
(1) Except as otherwise provided in division (B)(2) or (3) 1,828
of this section, driving under OMVI suspension or revocation is a 1,829
misdemeanor of the first degree, and the court shall sentence the 1,830
offender to a term of imprisonment of not less than three 1,831
consecutive days and may sentence the offender pursuant to 1,832
section 2929.21 of the Revised Code to a longer term of 1,833
imprisonment. As an alternative to the term of imprisonment 1,834
required to be imposed by this division, but subject to division 1,835
(B)(6) of this section, the court may sentence the offender to a 1,836
term of not less than thirty consecutive days of electronically 1,837
monitored house arrest as defined in division (A)(4) of section 1,838
2929.23 of the Revised Code. The period of electronically 1,839
monitored house arrest shall not exceed six months. In addition, 1,840
the court shall impose upon the offender a fine of not less than 1,841
two hundred fifty and not more than one thousand dollars. 1,842
Regardless of whether the vehicle the offender was 1,844
operating at the time of the offense is registered in the 1,845
44
offender's name or in the name of another person, the court, in 1,846
addition to or independent of any other sentence that it imposes 1,847
upon the offender and subject to section 4503.235 of the Revised 1,848
Code, shall order the immobilization for thirty days of the 1,849
vehicle the offender was operating at the time of the offense and 1,850
the impoundment for thirty days of the identification license 1,851
plates of that vehicle. The order for immobilization and 1,852
impoundment shall be issued and enforced in accordance with 1,853
section 4503.233 of the Revised Code. 1,854
(2) If, within five years of the offense, the offender has 1,856
been convicted of or pleaded guilty to one violation of division 1,857
(D)(2) of section 4507.02 of the Revised Code or a municipal 1,858
ordinance that is substantially equivalent to that division, 1,859
driving under OMVI suspension or revocation is a misdemeanor, and 1,860
the court shall sentence the offender to a term of imprisonment 1,861
of not less than ten consecutive days and may sentence the 1,862
offender to a longer definite term of imprisonment of not more 1,863
than one year. As an alternative to the term of imprisonment 1,864
required to be imposed by this division, but subject to division 1,865
(B)(6) of this section, the court may sentence the offender to a 1,866
term of not less than ninety consecutive days of electronically 1,867
monitored house arrest as defined in division (A)(4) of section 1,868
2929.23 of the Revised Code. The period of electronically 1,869
monitored house arrest shall not exceed one year. In addition, 1,870
the court shall impose upon the offender a fine of not less than 1,871
five hundred and not more than two thousand five hundred dollars. 1,872
Regardless of whether the vehicle the offender was 1,874
operating at the time of the offense is registered in the 1,875
offender's name or in the name of another person, the court, in 1,876
addition to or independent of any other sentence that it imposes 1,877
upon the offender and subject to section 4503.235 of the Revised 1,878
Code, shall order the immobilization for sixty days of the 1,879
vehicle the offender was operating at the time of the offense and 1,880
the impoundment for sixty days of the identification license 1,881
45
plates of that vehicle. The order for immobilization and 1,882
impoundment shall be issued and enforced in accordance with 1,883
section 4503.233 of the Revised Code. 1,884
(3) If, within five years of the offense, the offender has 1,886
been convicted of or pleaded guilty to two or more violations of 1,887
division (D)(2) of section 4507.02 of the Revised Code or a 1,888
municipal ordinance that is substantially equivalent to that 1,889
division, driving under OMVI suspension or revocation is guilty 1,890
of a misdemeanor. The court shall sentence the offender to a 1,891
term of imprisonment of not less than thirty consecutive days and 1,892
may sentence the offender to a longer definite term of 1,893
imprisonment of not more than one year. The court shall not 1,894
sentence the offender to a term of electronically monitored house 1,895
arrest as defined in division (A)(4) of section 2929.23 of the 1,896
Revised Code. In addition, the court shall impose upon the 1,897
offender a fine of not less than five hundred and not more than 1,898
two thousand five hundred dollars. 1,899
Regardless of whether the vehicle the offender was 1,901
operating at the time of the offense is registered in the 1,902
offender's name or in the name of another person, the court, in 1,903
addition to or independent of any other sentence that it imposes 1,904
upon the offender and subject to section 4503.235 of the Revised 1,905
Code, shall order the criminal forfeiture to the state of the 1,906
vehicle the offender was operating at the time of the offense. 1,907
The order of criminal forfeiture shall be issued and enforced in 1,908
accordance with section 4503.234 of the Revised Code. 1,909
If title to a motor vehicle that is subject to an order for 1,911
criminal forfeiture under this section is assigned or transferred 1,912
and division (C)(2) or (3) of section 4503.234 of the Revised 1,914
Code applies, in addition to or independent of any other penalty 1,915
established by law, the court may fine the offender the value of 1,916
the vehicle as determined by publications of the national auto 1,917
dealer's association. The proceeds from any fine imposed under 1,918
this division shall be distributed in accordance with division 1,919
46
(D)(4) of section 4503.234 of the Revised Code. 1,921
(4) In addition to or independent of all other penalties 1,923
provided by law or ordinance, the trial judge of any court of 1,924
record or the mayor of a mayor's court shall suspend for a period 1,925
not to exceed one year the driver's or commercial driver's 1,926
license or permit or nonresident operating privilege of an 1,927
offender who is sentenced under division (B)(1), (2), or (3) of 1,928
this section. 1,929
(5) Fifty per cent of any fine imposed by a court under 1,931
division (B)(1), (2), or (3) of this section shall be deposited 1,932
into the county indigent driver's alcohol treatment fund or 1,933
municipal indigent drivers alcohol treatment fund under the 1,934
control of that court, as created by the county or municipal 1,935
corporation pursuant to division (N) of section 4511.191 of the 1,936
Revised Code.
(6) No court shall impose the alternative sentence of not 1,938
less than thirty consecutive days of electronically monitored 1,939
house arrest permitted to be imposed by division (B)(1) of this 1,940
section or the alternative sentence of a term of not less than 1,941
ninety consecutive days of electronically monitored house arrest 1,942
permitted to be imposed by division (B)(2) of this section, 1,943
unless within sixty days of the date of sentencing, the court 1,944
issues a written finding, entered into the record, that, due to 1,945
the unavailability of space at the incarceration facility where 1,946
the offender is required to serve the term of imprisonment 1,947
imposed upon the offender, the offender will not be able to begin 1,948
serving that term of imprisonment within the sixty-day period 1,950
following the date of sentencing. If the court issues such a 1,951
finding, the court may impose the alternative sentence comprised 1,952
of or including electronically monitored house arrest permitted 1,953
to be imposed by division (B)(1) or (2) of this section. 1,954
(7) An offender sentenced under this section to a period 1,956
of electronically monitored house arrest shall be permitted work 1,957
release during such period. The duration of the work release 1,958
47
shall not exceed the time necessary each day for the offender to 1,959
commute to and from the place of employment and the offender's 1,960
home or other place specified by the sentencing court and the 1,961
time actually spent under employment. 1,962
(8) Suspension of a commercial driver's license under this 1,964
section shall be concurrent with any period of disqualification 1,965
under section 2301.374 or 4506.16 of the Revised Code. No person 1,966
who is disqualified for life from holding a commercial driver's 1,967
license under section 4506.16 of the Revised Code shall be issued 1,968
a driver's license under this chapter during the period for which 1,969
the commercial driver's license was suspended under this section, 1,970
and no person whose commercial driver's license is suspended 1,971
under this section shall be issued a driver's license under this 1,972
chapter during the period of the suspension. 1,973
(C) Whoever violates division (B)(1) of section 4507.02 of 1,975
the Revised Code is guilty of driving under financial 1,976
responsibility law suspension or revocation and shall be punished 1,977
as provided in division (C)(1), (2), or (3) and division (C)(4) 1,978
of this section. 1,979
(1) Except as otherwise provided in division (C)(2) or (3) 1,981
of this section, driving under financial responsibility law 1,982
suspension or revocation is a misdemeanor of the first degree. 1,983
Regardless of whether the vehicle the offender was 1,985
operating at the time of the offense is registered in the 1,986
offender's name or in the name of another person, the court, in 1,987
addition to or independent of any other sentence that it imposes 1,988
upon the offender and subject to section 4503.235 of the Revised 1,989
Code, shall order the immobilization for thirty days of the 1,990
vehicle the offender was operating at the time of the offense and 1,991
the impoundment for thirty days of the identification license 1,992
plates of that vehicle. The order for immobilization and 1,993
impoundment shall be issued and enforced in accordance with 1,994
section 4503.233 of the Revised Code. 1,995
(2) If, within five years of the offense, the offender has 1,997
48
been convicted of or pleaded guilty to one violation of division 1,998
(B)(1) of section 4507.02 of the Revised Code or a municipal 1,999
ordinance that is substantially equivalent to that division, 2,000
driving under financial responsibility law suspension or 2,001
revocation is a misdemeanor of the first degree. 2,002
Regardless of whether the vehicle the offender was 2,004
operating at the time of the offense is registered in the 2,005
offender's name or in the name of another person, the court, in 2,006
addition to or independent of any other sentence that it imposes 2,007
upon the offender and subject to section 4503.235 of the Revised 2,008
Code, shall order the immobilization for sixty days of the 2,009
vehicle the offender was operating at the time of the offense and 2,010
the impoundment for sixty days of the identification license 2,011
plates of that vehicle. The order for immobilization and 2,012
impoundment shall be issued and enforced in accordance with 2,013
section 4503.233 of the Revised Code. 2,014
(3) If, within five years of the offense, the offender has 2,016
been convicted of or pleaded guilty to two or more violations of 2,017
division (B)(1) of section 4507.02 of the Revised Code or a 2,018
municipal ordinance that is substantially equivalent to that 2,019
division, driving under financial responsibility law suspension 2,020
or revocation is a misdemeanor of the first degree. 2,021
Regardless of whether the vehicle the offender was 2,023
operating at the time of the offense is registered in the 2,024
offender's name or in the name of another person, the court, in 2,025
addition to or independent of any other sentence that it imposes 2,026
upon the offender and subject to section 4503.235 of the Revised 2,027
Code, shall order the criminal forfeiture to the state of the 2,028
vehicle the offender was operating at the time of the offense. 2,029
The order of criminal forfeiture shall be issued and enforced in 2,030
accordance with section 4503.234 of the Revised Code. 2,031
If title to a motor vehicle that is subject to an order for 2,033
criminal forfeiture under this section is assigned or transferred 2,034
and division (C)(2) or (3) of section 4503.234 of the Revised 2,036
49
Code applies, in addition to or independent of any other penalty 2,037
established by law, the court may fine the offender the value of 2,038
the vehicle as determined by publications of the national auto 2,039
dealer's association. The proceeds from any fine imposed under 2,040
this division shall be distributed in accordance with division 2,041
(D)(4) of section 4503.234 of the Revised Code. 2,042
(4) Except as otherwise provided in division (D) of 2,044
section 4507.162 of the Revised Code, the court, in addition to 2,045
or independent of all other penalties provided by law, may 2,046
suspend for a period not to exceed one year the driver's or 2,047
commercial driver's license or permit or nonresident operating 2,048
privilege of an offender who is sentenced under division (C)(1), 2,049
(2), or (3) of this section. 2,050
(5) The court shall not release a vehicle from the 2,052
immobilization ordered under division (C)(1) or (2) of this 2,053
section unless the court is presented with current proof of 2,054
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section 2,056
4507.02 of the Revised Code by operating a motor vehicle when the 2,058
offender's driver's or commercial driver's license has been 2,059
expired for no more than six months is guilty of a minor 2,060
misdemeanor. Whoever violates division (B) of section 4507.13 or 2,061
division (C) of section 4507.52 of the Revised Code is guilty of 2,062
a minor misdemeanor. 2,063
(E) Whoever violates section 4507.33 of the Revised Code 2,065
is guilty of permitting the operation of a vehicle by a person 2,066
with no legal right to operate a vehicle and shall be punished as 2,067
provided in division (E)(1) or (2) of this section. 2,068
(1) Except as otherwise provided in division (E)(2) of 2,070
this section, permitting the operation of a vehicle by a person 2,071
with no legal right to operate a vehicle is a misdemeanor of the 2,072
first degree. In addition to or independent of any other 2,073
sentence that it imposes upon the offender and subject to section 2,074
4503.235 of the Revised Code, the court shall order the 2,075
50
immobilization for thirty days of the vehicle involved in the 2,076
offense and the impoundment for thirty days of the identification 2,077
license plates of that vehicle. The order for immobilization and 2,078
impoundment shall be issued and enforced in accordance with 2,079
section 4503.233 of the Revised Code. 2,080
(2) If the offender previously has been convicted of or 2,082
pleaded guilty to one or more violations of section 4507.33 of 2,083
the Revised Code, permitting the operation of a vehicle by a 2,084
person with no legal right to operate a vehicle is a misdemeanor 2,085
of the first degree. In addition to or independent of any other 2,086
sentence that it imposes upon the offender and subject to section 2,087
4503.235 of the Revised Code, the court shall order the criminal 2,088
forfeiture to the state of the vehicle involved in the offense. 2,089
The order of criminal forfeiture shall be issued and enforced in 2,090
accordance with section 4503.234 of the Revised Code. 2,091
If title to a motor vehicle that is subject to an order for 2,093
criminal forfeiture under this section is assigned or transferred 2,094
and division (C)(2) or (3) of section 4503.234 of the Revised 2,096
Code applies, in addition to or independent of any other penalty 2,097
established by law, the court may fine the offender the value of 2,098
the vehicle as determined by publications of the national auto 2,099
dealer's association. The proceeds from any fine imposed under 2,100
this division shall be distributed in accordance with division 2,101
(D)(4) of section 4503.234 of the Revised Code. 2,103
(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05, OR 2,106
DIVISION (B) OR (C) OF SECTION 4507.071 OF THE REVISED CODE IS 2,110
GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE. 2,111
(G) Except as provided in divisions (A) to (E) of this 2,113
section and unless another penalty is provided by the laws of 2,114
this state, whoever violates any provision of sections 4507.01 to 2,115
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a 2,116
misdemeanor of the first degree. 2,117
(G)(H) Whenever a person is found guilty of a violation of 2,119
section 4507.32 of the Revised Code, the trial judge of any court 2,120
51
of record, in addition to or independent of all other penalties 2,121
provided by law or ordinance, may suspend for any period of time 2,122
not exceeding three years or revoke the license of any person, 2,123
partnership, association, or corporation, issued under section 2,124
4511.763 of the Revised Code. 2,125
(H)(I) Whenever a person is found guilty of a violation of 2,127
a traffic offense specified in Traffic Rule 13(B) that requires 2,128
the person's appearance in court, the court shall require the 2,129
person to verify the existence at the time of the offense of 2,131
proof of financial responsibility covering the person's operation 2,132
of the motor vehicle, or the motor vehicle if registered in the 2,133
person's name, and notify the registrar pursuant to division (D) 2,134
of section 4509.101 of the Revised Code if the person fails to 2,135
verify the existence of such proof of financial responsibility." 2,136
Section 9. That all existing versions of section 4507.99 2,138
of the Revised Code are hereby repealed. 2,139
Section 10. Sections 8 and 9 of this act shall take effect 2,141
July 1, 1997.
Section 11. Section 4507.99 of the Revised Code is 2,143
presented in Section 8 of this act as a composite of the section 2,145
as amended by both Am. Sub. H.B. 438 and Am. Sub. H.B. 676 of the 2,146
121st General Assembly, with the new language of neither of the 2,148
acts shown in capital letters. This is in recognition of the 2,149
principle stated in division (B) of section 1.52 of the Revised 2,150
Code that such amendments are to be harmonized where not 2,151
substantively irreconcilable and constitutes a legislative 2,152
finding that such is the resulting version in effect prior to 2,153
July 1, 1997.