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           

                                                          3      

                                                                 
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;                                             

                                                          4      

                                                                 
      (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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
      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          

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
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.