As Reported by the Senate Highways and Transportation Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 35 5
1997-1998 6
SENATORS B. JOHNSON-WATTS-SWEENEY 8
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A B I L L
To amend sections 3301.07, 4507.05, 4507.07, 12
4507.08, 4507.081, 4507.10, 4507.11, 4507.12, 13
4507.13, 4507.162, 4507.21, 4507.24, 4507.99, and
4508.02 and to enact section 4507.071 of the 15
Revised Code to revise the conditions under which 16
a driver's license is issued to a person under 17
age 18, to maintain the provisions of this act on
and after May 15, 1997, by amending the versions 18
of sections 4507.08 and 4507.99 of the Revised 19
Code that take effect on that date, and to 20
maintain the provisions of this act on and after
July 1, 1997, by amending the version of section 21
4507.99 of the Revised Code that takes effect on 22
that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 3301.07, 4507.05, 4507.07, 26
4507.08, 4507.081, 4507.10, 4507.11, 4507.12, 4507.13, 4507.162, 27
4507.21, 4507.24, 4507.99, and 4508.02 be amended and section 28
4507.071 of the Revised Code be enacted to read as follows: 29
Sec. 3301.07. The state board of education shall exercise 38
under the acts of the general assembly general supervision of the 39
system of public education in the state. In addition to the 40
powers otherwise imposed on the state board under the provisions 41
of law, the board shall have the following powers: 42
(A) Exercise policy forming, planning, and evaluative 44
functions for the public schools of the state, and for adult 45
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education, except as otherwise provided by law; 46
(B) Exercise leadership in the improvement of public 48
education in this state, and administer the educational policies 49
of this state relating to public schools, and relating to 50
instruction and instructional material, building and equipment, 51
transportation of pupils, administrative responsibilities of 52
school officials and personnel, and finance and organization of 53
school districts, educational service centers, and territory. 54
Consultative and advisory services in such matters shall be 55
provided by the board to school districts and educational service 56
centers of this state. The board also shall develop a standard 57
of financial reporting which shall be used by all school
districts and educational service centers to make their financial 58
information available to the public in a format understandable by 60
the average citizen and provide year-to-year comparisons for at 61
least five years. The format shall show, among other things, 62
district and educational service center revenue by source; 63
expenditures for salaries, wages, and benefits of employees, 64
showing such amounts separately for classroom teachers, other 65
employees required to hold licenses issued pursuant to sections 66
3319.22 to 3319.31 of the Revised Code, and all other employees; 67
expenditures other than for personnel, by category, including 68
utilities, textbooks and other educational materials, equipment, 69
permanent improvements, pupil transportation, extracurricular 70
athletics, and other extracurricular activities; and per pupil 71
expenditures.
(C) Administer and supervise the allocation and 73
distribution of all state and federal funds for public school 74
education under the provisions of law, and may prescribe such 75
systems of accounting as are necessary and proper to this 76
function. It may require county auditors and treasurers, boards 77
of education, educational service center governing boards, 78
treasurers of such boards, teachers, and other school officers 80
and employees, or other public officers or employees, to file 81
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with it such reports as it may prescribe relating to such funds, 82
or to the management and condition of such funds. 83
(D) Formulate and prescribe minimum standards to be 85
applied to all elementary and secondary schools in this state for 86
the purpose of requiring a general education of high quality. 87
Such standards shall provide adequately for: a curriculum 88
sufficient to meet the needs of pupils in every community; 89
locally developed competency programs; the licensing of teachers, 91
administrators, and other professional personnel and their 92
assignment according to training and qualifications; efficient 93
and effective instructional materials and equipment, including 94
library facilities; the proper organization, administration, and 95
supervision of each school, including regulations for preparing 96
all necessary records and reports and the preparation of a 97
statement of policies and objectives for each school; buildings, 98
grounds, health and sanitary facilities and services; admission 99
of pupils, and such requirements for their promotion from grade 100
to grade as will assure that they are capable and prepared for 101
the level of study to which they are certified; requirements for 102
graduation; and such other factors as the board finds necessary. 103
In the formulation and administration of such standards for 105
nonpublic schools the board shall also consider the particular 106
needs, methods and objectives of those schools, provided they do 107
not conflict with the provision of a general education of a high 108
quality and provided that regular procedures shall be followed 109
for promotion from grade to grade of pupils who have met the 110
educational requirements prescribed. 111
(E) Formulate and prescribe minimum standards for driver 113
education courses conducted at high schools in the state or by 114
educational service centers or joint vocational school district 115
boards of education. In the formulation of standards for driver 116
education courses, the board shall call upon the director of 117
public safety for advice and assistance. THE STANDARDS SHALL 118
REQUIRE A MINIMUM OF THIRTY-SIX HOURS OF CLASSROOM INSTRUCTION, 119
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AND TEN HOURS OF ACTUAL BEHIND-THE-WHEEL INSTRUCTION CONDUCTED ON 120
PUBLIC STREETS AND HIGHWAYS OF THIS STATE, BUT SHALL NOT REQUIRE
ANY ADDITIONAL HOURS OF OBSERVATION WITHIN A VEHICLE. The board 121
shall require energy conservation information as part of the 123
driver education curriculum. Such information shall include, but 124
need not be limited to, the identification of inefficient driving 125
techniques and improper maintenance as they relate to decreased 126
gas mileage, information regarding the costs and benefits of 127
different modes of travel, and information concerning relative 128
fuel economy and life-cycle costs of new automobile purchases. 129
The board also shall require financial responsibility information 130
as part of the driver education curriculum.
(F) Prepare and submit annually to the governor and the 132
general assembly a report on the status, needs, and major 133
problems of the public schools of the state, with recommendations 134
for necessary legislative action and a ten-year projection of the 135
state's public and nonpublic school enrollment, by year and by 136
grade level; 137
(G) Prepare and submit to the director of budget and 139
management the biennial budgetary requests of the state board of 140
education, for its agencies and for the public schools of the 141
state; 142
(H) Cooperate with federal, state, and local agencies 144
concerned with the health and welfare of children and youth of 145
the state; 146
(I) Require such reports from school districts and 148
educational service centers, school officers, and employees as 150
are necessary and desirable. The superintendents and treasurers 151
of school districts and educational service centers shall certify 152
as to the accuracy of all reports required by law or state board 153
or state department of education rules to be submitted by the 154
district or educational service center and which contain 155
information necessary for calculation of state funding. Any 156
superintendent who knowingly falsifies such report shall be 157
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subject to license revocation pursuant to section 3319.31 of the 158
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code, 160
adopt procedures, standards, and guidelines for the education of 161
handicapped children pursuant to Chapter 3323. of the Revised 162
Code, including procedures, standards, and guidelines governing 163
programs and services operated by county boards of mental 164
retardation and developmental disabilities pursuant to section 165
3323.09 of the Revised Code; 166
(K) For the purpose of encouraging the development of 168
special programs of education for academically gifted children, 169
employ competent persons to analyze and publish data, promote 170
research, advise and counsel with boards of education, and 171
encourage the training of teachers in the special instruction of 172
gifted children. The board may provide financial assistance out 173
of any funds appropriated for this purpose to boards of education 174
and educational service center governing boards for developing 176
and conducting programs of education for academically gifted 177
children.
(L) Require that all public schools emphasize and 179
encourage, within existing units of study, the teaching of energy 180
and resource conservation, beginning in the primary grades; 181
(M) Formulate and prescribe minimum standards requiring 183
the use of phonics as a technique in the teaching of reading in 184
grades kindergarten through three. In addition, the state board 185
shall provide in-service training programs for teachers on the 186
use of phonics as a technique in the teaching of reading in 187
grades kindergarten through three. 188
(N) Develop and modify as necessary a state plan for 190
technology to encourage and promote the use of technological 191
advancements in educational settings. 192
The board may adopt rules necessary for carrying out any 194
function imposed on it by law, and may provide rules as are 195
necessary for its government and the government of its employees, 196
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and may delegate to the superintendent of public instruction the 197
management and administration of any function imposed on it by 198
law. It may provide for the appointment of board members to 199
serve on temporary committees established by the board for such 200
purposes as are necessary. Permanent or standing committees 201
shall not be created. 202
Sec. 4507.05. (A) The registrar of motor vehicles, or the 211
A deputy registrar, upon receiving from any person an application 214
for a temporary instruction permit for a driver's license FROM 215
ANY PERSON WHO IS AT LEAST FIFTEEN YEARS AND SIX MONTHS OF AGE, 216
may issue such a permit entitling the applicant, while having the 217
permit in his immediate possession, to drive a motor vehicle, 219
other than a commercial motor vehicle, upon the highways when 220
UNDER THE FOLLOWING CONDITIONS: 221
(1) IF THE PERMIT IS ISSUED TO A PERSON WHO IS AT LEAST 223
FIFTEEN YEARS AND SIX MONTHS OF AGE, BUT LESS THAN SIXTEEN YEARS 224
OF AGE: 225
(a) THE PERMIT IS IN THE HOLDER'S IMMEDIATE POSSESSION; 228
(b) THE HOLDER IS ACCOMPANIED BY AN ELIGIBLE ADULT WHO 231
ACTUALLY OCCUPIES THE SEAT BESIDE THE PERMIT HOLDER;
(c) ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE 234
AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING 235
DEVICE.
(2) IF THE PERMIT IS ISSUED TO A PERSON WHO IS AT LEAST 237
SIXTEEN YEARS OF AGE: 238
(a) THE PERMIT IS IN THE HOLDER'S IMMEDIATE POSSESSION; 241
(b) THE HOLDER IS accompanied by a licensed operator who 244
is AT LEAST TWENTY-ONE YEARS OF AGE AND WHO IS actually occupying 245
a seat beside the driver; 246
(c) ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE 248
AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING 249
DEVICE. The 250
(B) THE registrar or a deputy registrar, upon receiving 253
from any person an application for a temporary instruction permit 254
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to operate a motorcycle or motorized bicycle, may issue such a 255
permit entitling the applicant, while having the permit in his 256
THE APPLICANT'S immediate possession, to drive a motorcycle OR 257
MOTORIZED BICYCLE under restrictions determined by the registrar. 258
Such permits A TEMPORARY INSTRUCTION PERMIT TO OPERATE A 259
MOTORIZED BICYCLE MAY BE ISSUED TO A PERSON FOURTEEN OR FIFTEEN 260
YEARS OLD.
(C) ANY PERMIT ISSUED UNDER THIS SECTION shall be issued 263
in the same manner as drivers' licenses, including the age
requirements as provided under section 4507.08 of the Revised 265
Code A DRIVER'S LICENSE, upon forms A FORM to be furnished by the 267
registrar, except that no photograph of the applicant shall be 269
required on the permit, and that temporary instruction permits 270
for motorized bicycles may be issued to persons fourteen or 272
fifteen years old. No such A TEMPORARY INSTRUCTION permit shall 275
be granted TO A PERSON WHO IS UNDER THE AGE OF SIXTEEN SHALL BE 276
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 277
a period to exceed OF six months. A TEMPORARY INSTRUCTION PERMIT 280
ISSUED TO A PERSON UNDER THE AGE OF SIXTEEN SHALL BE 281
DISTINGUISHABLE BY COLOR OR IN SOME OTHER MANNER, AS DETERMINED 282
BY THE REGISTRAR, FROM THAT ISSUED TO A PERSON WHO IS SIXTEEN 283
YEARS OF AGE OR OLDER.
(D) Any person having in his THE PERSON'S possession a 285
valid and current driver's license or motorcycle operator's 288
license or endorsement issued to him THE PERSON by another 289
jurisdiction recognized by this state is exempt from obtaining a 291
temporary instruction permit for a driver's license, but shall 292
submit to the regular examination in obtaining a driver's license 293
or motorcycle operator's endorsement in this state. The 294
(E) THE registrar may adopt rules governing the use of 297
such TEMPORARY instruction permits.
(F) NO HOLDER OF A PERMIT ISSUED UNDER DIVISION (A) OF 300
THIS SECTION SHALL OPERATE A MOTOR VEHICLE UPON A HIGHWAY OR ANY 301
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PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR PURPOSES OF 302
VEHICULAR TRAVEL OR PARKING IN VIOLATION OF THE CONDITIONS 303
ESTABLISHED UNDER DIVISION (A) OF THIS SECTION. 305
(G) AS USED IN THIS SECTION: 308
(1) "ELIGIBLE ADULT" MEANS ANY OF THE FOLLOWING: 311
(a) AN INSTRUCTOR OF A DRIVER EDUCATION COURSE APPROVED BY 314
THE DEPARTMENT OF EDUCATION OR A DRIVER TRAINING COURSE APPROVED 315
BY THE DEPARTMENT OF PUBLIC SAFETY;
(b) ANY OF THE FOLLOWING PERSONS WHO HOLDS A CURRENT VALID 318
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE ISSUED BY THIS STATE: 319
(i) A PARENT, GUARDIAN, OR CUSTODIAN OF THE PERMIT HOLDER; 321
(ii) A PERSON OVER THE AGE OF TWENTY-ONE WHO ACTS IN LOCO 323
PARENTIS OF THE PERMIT HOLDER AND WHO MAINTAINS PROOF OF 325
FINANCIAL RESPONSIBILITY WITH RESPECT TO THE OPERATION OF A MOTOR 326
VEHICLE OWNED BY THE PERMIT HOLDER OR WITH RESPECT TO THE PERMIT 327
HOLDER'S OPERATION OF ANY MOTOR VEHICLE.
(2) "OCCUPANT RESTRAINING DEVICE" HAS THE SAME MEANING AS 329
IN SECTION 4513.263 OF THE REVISED CODE. 332
Sec. 4507.07. (A) The registrar of motor vehicles shall 341
not grant the application of any minor under eighteen years of 342
age for a probationary license or, a restricted license, OR A 343
TEMPORARY INSTRUCTION PERMIT, unless the application is signed by 345
one of the minor's parents, the minor's guardian, another person 347
having custody of the applicant, or, if there is no parent or 348
guardian, a responsible person who is willing to assume the
obligation imposed under this section. 349
At the time a minor under eighteen years of age submits an 351
application for a license OR PERMIT at a driver's license 352
examining station, the adult who signs the application shall 353
present identification establishing that the adult is the 354
individual whose signature appears on the application. The 355
registrar shall prescribe, by rule, the types of identification 356
that are suitable for the purposes of this paragraph. If the 357
adult who signs the application does not provide identification 358
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as required by this paragraph, the application shall not be 359
accepted. 360
When a minor under eighteen years of age applies for a 362
probationary license or, a restricted license, OR A TEMPORARY 363
INSTRUCTION PERMIT, the registrar shall give the adult who signs 365
the application notice of the potential liability that may be 366
imputed to the adult pursuant to division (B) of this section and 367
notice of how the adult may prevent any liability from being 368
imputed to the adult pursuant to that division. 369
(B) Any negligence, or willful or wanton misconduct, that 371
is committed by a minor under eighteen years of age when driving 372
a motor vehicle upon a highway shall be imputed to the person who 373
has signed the application of the minor for a probationary 374
license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT, 376
which person shall be jointly and severally liable with the minor 377
for any damages caused by the negligence or the willful or wanton 378
misconduct. This joint and several liability is not subject to 379
division (D) of section 2315.19, division (F) of section 2315.20, 380
or division (B) of section 2307.31 of the Revised Code with 381
respect to a negligence or other tort claim that otherwise is 383
subject to any of those sections. 384
There shall be no imputed liability imposed under this 386
division if a minor under eighteen years of age has proof of 387
financial responsibility with respect to the operation of a motor 388
vehicle owned by the minor or, if the minor is not the owner of a 389
motor vehicle, with respect to the minor's operation of any motor 390
vehicle, in the form and in the amounts as required under Chapter 391
4509. of the Revised Code. 392
(C) Any person who has signed the application of a minor 394
under eighteen years of age for a license OR PERMIT subsequently 395
may surrender to the registrar the license or temporary 396
instruction permit of the minor and request that the license or 397
permit be canceled. The registrar then shall cancel the license 398
or temporary instruction permit, and the person who signed the 399
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application of the minor shall be relieved from the liability 400
imposed by division (B) of this section. 401
(D) Any minor under eighteen years of age whose 403
probationary license, restricted license, or temporary 404
instruction permit is surrendered to the registrar by the person 405
who signed the application for the license OR PERMIT and whose 406
license or temporary instruction permit subsequently is canceled 408
by the registrar may obtain a new license or temporary 409
instruction permit without having to undergo the examinations 410
otherwise required by sections 4507.11 and 4507.12 of the Revised 411
Code and without having to tender the fee for that license or 412
temporary instruction permit, if the minor is able to produce 414
another parent, guardian, other person having custody of the 415
minor, or other adult, and that adult is willing to assume the 416
liability imposed under division (B) of this section. That adult 418
shall comply with the procedures contained in division (A) of 420
this section.
Sec. 4507.071. (A) NO DRIVER'S LICENSE SHALL BE ISSUED TO 423
ANY PERSON UNDER EIGHTEEN YEARS OF AGE, EXCEPT THAT A
PROBATIONARY LICENSE MAY BE ISSUED TO A PERSON WHO IS AT LEAST 424
SIXTEEN YEARS OF AGE AND HAS HELD A TEMPORARY INSTRUCTION PERMIT 425
FOR A PERIOD OF AT LEAST SIX MONTHS. 426
(B) NO HOLDER OF A PROBATIONARY LICENSE SHALL OPERATE A 429
MOTOR VEHICLE UPON A HIGHWAY OR ANY PUBLIC OR PRIVATE PROPERTY 430
USED BY THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL OR PARKING 431
UNLESS ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE 432
AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING 433
DEVICE.
(C) A RESTRICTED LICENSE MAY BE ISSUED TO A PERSON WHO IS 436
FOURTEEN OR FIFTEEN YEARS OF AGE UPON PROOF OF HARDSHIP 437
SATISFACTORY TO THE REGISTRAR OF MOTOR VEHICLES. 438
(D) AS USED IN THIS SECTION, "OCCUPANT RESTRAINING DEVICE" 441
HAS THE SAME MEANING AS IN SECTION 4513.263 OF THE REVISED CODE. 444
Sec. 4507.08. No driver's license shall be issued to any 453
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person under eighteen years of age, except that a probationary 454
license may be issued to a person over sixteen years of age and a 455
restricted license may be issued to a person who is fourteen or 456
fifteen years of age upon proof of hardship satisfactory to the 457
registrar of motor vehicles. (A) No probationary license shall 458
be issued to any person under the age of eighteen who has been 460
adjudicated an unruly or delinquent child or a juvenile traffic 461
offender for having committed any act that if committed by an 462
adult would be a drug abuse offense, as defined in section 463
2925.01 of the Revised Code, a violation of division (B) of 464
section 2917.11, or a violation of division (A) of section 465
4511.19 of the Revised Code, unless the person has been required 466
by the court to attend a drug abuse or alcohol abuse education, 467
intervention, or treatment program specified by the court and has 468
satisfactorily completed the program. 469
(B) No temporary instruction permit or driver's license 471
shall be issued to any person whose license has been suspended, 472
during the period for which the license was suspended, nor to any 473
person whose license has been revoked, under sections 4507.01 to 474
4507.39 of the Revised Code, until the expiration of one year 475
after the license was revoked. 476
(C) No temporary instruction permit or driver's license 478
shall be issued to any person whose commercial driver's license 479
is suspended under section 1905.201, 4507.16, 4507.34, 4507.99, 480
4511.191, or 4511.196 of the Revised Code or under any other 481
provision of the Revised Code during the period of the 482
suspension. 483
(D) No temporary instruction permit or driver's license 485
shall be issued to, or retained by ANY OF THE FOLLOWING PERSONS: 486
(A)(1) Any person who is an alcoholic, or is addicted to 488
the use of controlled substances to the extent that the use 489
constitutes an impairment to the person's ability to operate a 490
motor vehicle with the required degree of safety; 491
(B)(2) Any person who is under the age of eighteen and has 493
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been adjudicated an unruly or delinquent child or a juvenile 494
traffic offender for having committed any act that if committed 495
by an adult would be a drug abuse offense, as defined in section 496
2925.01 of the Revised Code, a violation of division (B) of 497
section 2917.11, or a violation of division (A) of section 498
4511.19 of the Revised Code, unless the person has been required 499
by the court to attend a drug abuse or alcohol abuse education, 500
intervention, or treatment program specified by the court and has 501
satisfactorily completed the program; 502
(C)(3) Any person who, in the opinion of the registrar, is 504
afflicted with or suffering from a physical or mental disability 505
or disease that prevents him THE PERSON from exercising 506
reasonable and ordinary control over a motor vehicle while 508
operating the vehicle upon the highways, except that a restricted 509
license effective for six months may be issued to any person 510
otherwise qualified who is or has been subject to any condition 511
resulting in episodic impairment of consciousness or loss of 512
muscular control and whose condition, in the opinion of the 513
registrar, is dormant or is sufficiently under medical control 514
that he THE PERSON is capable of exercising reasonable and 516
ordinary control over a motor vehicle. A restricted license 517
effective for six months shall be issued to any person who is 518
otherwise qualified who is subject to any condition which causes 519
episodic impairment of consciousness or a loss of muscular 520
control if the person presents a statement from a licensed 521
physician that his THE PERSON'S condition is under effective 522
medical control and the period of time for which the control has
been continuously maintained, unless, thereafter, a medical 523
examination is ordered and, pursuant thereto, cause for denial is 524
found. 525
A person to whom a six-month restricted license has been 527
issued shall give notice of his THE PERSON'S medical condition to 529
the registrar on forms provided by the registrar and signed by
the licensee's physician. The notice shall be sent to the 530
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registrar six months after the issuance of the license. 531
Subsequent restricted licenses issued to the same individual 532
shall be effective for six months. 533
(D)(4) Any person who is unable to understand highway 535
warnings or traffic signs or directions given in the English 536
language; 537
(E)(5) Any person making an application whose driver's 539
license or driving privileges are under revocation or suspension 540
in the jurisdiction where issued or any other jurisdiction, until 541
the expiration of one year after the license was revoked or until 542
the period of suspension ends. Any person whose application is 543
denied under this division may file a petition in the municipal 544
court or county court in whose jurisdiction the person resides 545
agreeing to pay the cost of the proceedings and alleging that the 546
conduct involved in the offense that resulted in suspension or 547
revocation in the foreign jurisdiction would not have resulted in 548
a suspension or revocation had the offense occurred in this 549
state. If the petition is granted, petitioner shall notify the 550
registrar of motor vehicles by a certified copy of the court's 551
findings and a license shall not be denied under this division; 552
(F)(6) Any person whose driver's or commercial driver's 554
license or permit has been permanently revoked pursuant to 555
division (C) of section 4507.16 of the Revised Code. 556
(E) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL MAY 15, 558
1997. 559
Sec. 4507.081. (A) Upon the expiration of a restricted 568
license issued under division (C)(D)(3) of section 4507.08 of the 570
Revised Code and submission of a statement as provided in 571
division (C) of this section, the registrar of motor vehicles may 572
issue a driver's license to the person to whom the restricted 573
license was issued. A driver's license issued under this section 574
shall, unless otherwise revoked, SHALL be effective for one year. 576
(B) A driver's license issued under this section may be 578
renewed annually, for no more than three consecutive years, 579
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whenever the person to whom the license has been issued submits 580
to the registrar, by certified mail and no sooner than thirty 581
days prior to the expiration date of the license or renewal 582
thereof, a statement as provided in division (C) of this section. 583
A renewal of a driver's license shall, unless the license is 584
otherwise revoked, SHALL be effective for one year following the 585
expiration date of the license or renewal thereof, and shall be 586
evidenced by a validation sticker. The renewal validation 587
sticker shall be in a form prescribed by the registrar and shall 588
be affixed to the license. 589
(C) No person may be issued a driver's license under this 591
section, and no such driver's license may be renewed, unless the 592
person presents a signed statement from a licensed physician that 593
the person's condition is either IS dormant or IS under effective 595
medical control, that the control has been maintained 596
continuously for at least one year prior to the date on which 597
application for the license is made, and that, if continued 598
medication is prescribed to control the condition, the person may 599
be depended upon to take the medication. 600
The statement shall be made on a form provided by the 602
registrar, shall be in not less than duplicate, and shall contain 603
such ANY other information as the registrar considers necessary. 605
The duplicate copy of the statement may be retained by the person 606
requesting the license renewal and, when in his THE PERSON'S 607
immediate possession and used in conjunction with the original 609
license, shall entitle him THE PERSON to operate a motor vehicle 610
during a period of no more than thirty days following the date of 612
submission of the statement to the registrar, except when the 613
registrar denies the request for the license renewal and so 614
notifies the person.
(D) Whenever the registrar receives a statement indicating 616
that the condition of a person to whom a driver's license has 617
been issued under this section is no longer IS dormant or under 618
effective medical control, the registrar shall revoke the 619
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person's driver's license. 620
(E) Nothing in this section shall require a person 622
submitting a signed statement from a licensed physician to obtain 623
a medical examination prior to the submission of the statement. 624
(F) Any person whose driver's license has been revoked 626
under this section may apply for a subsequent restricted license 627
according to the provisions of section 4507.08 of the Revised 628
Code. 629
Sec. 4507.10. (A) The registrar of motor vehicles shall 637
examine every applicant for a TEMPORARY INSTRUCTION PERMIT, 638
driver's license, or motorcycle operator's endorsement before 641
issuing any such PERMIT, license, or endorsement. 644
(B) Except as provided in section 4507.12 of the Revised 646
Code, the registrar may waive the examination of any person 647
applying for the renewal of a driver's license, or motorcycle 648
operator's endorsement issued under this chapter, provided that 649
the applicant presents either an unexpired license or endorsement 650
or a license or endorsement which has expired not more than six 651
months prior to the date of application. 652
(C) The registrar may waive the examination of any person 654
applying for the renewal of such license or endorsement who is on 655
active duty in the military or naval forces of the United States, 656
or in service with the peace corps, volunteers in service to 657
America, or the foreign service of the United States if the 658
applicant has no physical or mental disabilities that would 659
affect his THE APPLICANT'S driving ability and was an Ohio 660
licensee at the time he THE APPLICANT commenced such active duty 662
or service.
(D) Except as provided in section 4507.12 of the Revised 664
Code, the registrar may waive the examination of any person 665
applying for such license or endorsement who meets either of the 666
following sets of qualifications: 667
(1) Has been on active duty in the military or naval 669
forces of the United States, presents an honorable discharge 670
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certificate showing that he THE APPLICANT has no physical or 671
mental disabilities which would affect his THE APPLICANT'S 673
driving ability, was an Ohio licensee at the time he THE 675
APPLICANT commenced such active duty, and makes the application 677
not more than six months after the date of discharge or 678
separation;
(2) Was in service with the peace corps, volunteers in 680
service to America, or the foreign service of the United States; 681
presents such evidence of such service as the registrar 682
prescribes showing that the applicant has no physical or mental 683
disabilities that would affect his APPLICANT'S driving ability; 684
was an Ohio licensee at the time he APPLICANT commenced such 686
service; and makes the application no more than six months after 688
leaving the peace corps, volunteers, or foreign service. 689
Sec. 4507.11. The registrar of motor vehicles shall 698
conduct all necessary examinations of applicants for TEMPORARY 699
INSTRUCTION PERMITS, drivers' licenses, or motorcycle operators' 701
endorsements. Such THE examination shall include a test of the 702
applicant's knowledge of motor vehicle laws, including the laws 703
on stopping for school buses, a test of his THE APPLICANT'S 704
physical fitness to drive, and a test of his THE APPLICANT'S 705
ability to understand highway traffic control devices. Such THE 706
examination may be conducted in such a manner that applicants who 707
are illiterate or limited in their knowledge of the English 708
language may be tested by methods that would indicate to the 709
examining officer that the applicant has a reasonable knowledge 710
of motor vehicle laws and understands highway traffic control 711
devices. Such AN applicant FOR A DRIVER'S LICENSE shall give an 713
actual demonstration of his THE ability to exercise ordinary and 714
reasonable control in the operation of a motor vehicle by driving 716
the same under the supervision of an examining officer. An 717
applicant for a motorcycle operator's endorsement shall give an 718
actual demonstration of his THE ability to exercise ordinary and 719
reasonable control in the operation of a motorcycle by driving 721
17
the same under the supervision of an examining officer. Except 722
as provided in section 4507.12 of the Revised Code, the registrar 723
shall designate the highway patrol or any law enforcement body to 724
supervise and conduct examinations for TEMPORARY INSTRUCTION 725
PERMITS, drivers' licenses, and motorcycle operators' 727
endorsements and shall provide the necessary rules and forms to 728
properly conduct such THE examinations. The records of such THE 729
examinations, together with the application for a TEMPORARY 731
INSTRUCTION PERMIT, driver's license, or motorcycle operator's 732
endorsement, shall be forwarded to the registrar by the deputy 733
registrar, and, if in the opinion of the registrar the applicant 734
is qualified to operate a motor vehicle, the registrar shall 735
issue such THE PERMIT, license, or endorsement. 737
The registrar may authorize the highway patrol or other 739
designated law enforcement body to issue an examiner's driving 740
permit to an applicant who has passed the required examination, 741
permitting such AUTHORIZING THAT applicant to operate a motor 742
vehicle while the registrar is completing his AN investigation 744
relative to such THAT applicant's qualifications to receive a 746
TEMPORARY INSTRUCTION PERMIT, driver's license, or motorcycle 748
operator's endorsement. Such THE examiner's driving permit shall 749
be in the immediate possession of the applicant while operating a 750
motor vehicle and shall be effective until final action and 751
notification has been given by the registrar, but in no event 752
longer than sixty days from its date of issuance.
Sec. 4507.12. (A) Except as provided in division (C) of 761
section 4507.10 of the Revised Code, each person applying for A 762
TEMPORARY INSTRUCTION PERMIT OR the renewal of a driver's license 764
shall submit to a screening of his THE PERSON'S vision before the 766
PERMIT IS ISSUED OR THE license may be renewed. The vision 767
screening shall be conducted at the office of the deputy 768
registrar receiving the application for ISSUANCE OF THE PERMIT OR 769
license renewal. 770
(B) When the results of a vision screening given under 772
18
division (A) of this section indicate that the vision of the 773
person examined meets the standards required for licensing, the 774
deputy registrar may ISSUE THE PERMIT TO AN APPLICANT WHO IS 775
OTHERWISE QUALIFIED OR renew the person's driver's license, AS 776
APPLICABLE, at that time. 778
(C) When the results of a vision screening given under 780
division (A) of this section indicate that the vision of the 781
person screened may not meet the standards required for 782
licensing, the deputy registrar shall not ISSUE THE PERMIT OR 783
renew the person's driver's license at that time, but shall refer 785
the person to a driver's license examiner appointed by the 786
superintendent of the state highway patrol under section 5503.21 787
of the Revised Code for a further examination of his THE PERSON'S 788
vision. When a person referred to a driver's license examiner by 790
a deputy registrar does not meet the vision standards required 791
for licensing, the driver's license examiner shall retain the 792
person's operator's or chauffeur's license OF A PERSON APPLYING 793
FOR LICENSE RENEWAL and shall immediately SHALL notify the 794
registrar of motor vehicles of that fact. No TEMPORARY 795
INSTRUCTION PERMIT OR driver's license shall be issued to any 797
such person, until the person's vision is corrected to meet the 798
standards required for licensing and the person passes the vision 799
screening required by this section. Any person who operates a 800
motor vehicle on a highway, or on any public or private property 801
used by the public for purposes of vehicular travel or parking, 802
during the time his THE PERSON'S driver's license is held by a 804
driver's license examiner under this division, shall be deemed to 805
be operating a motor vehicle in violation of division (A) of 806
section 4507.02 of the Revised Code.
(D) The registrar shall adopt rules and shall provide any 808
forms necessary to properly conduct vision screenings at the 809
office of a deputy registrar. 810
(E) No person conducting vision screenings under this 812
section shall be personally liable for damages for injury or loss 813
19
to persons or property and for death caused by the operation of a 814
motor vehicle by any person whose TEMPORARY INSTRUCTION PERMIT 815
WAS ISSUED OR WHOSE driver's license was renewed by the deputy 817
registrar under division (B) of this section.
Sec. 4507.13. (A) The registrar of motor vehicles shall 826
issue a driver's license to every person licensed as an operator 827
of motor vehicles other than commercial motor vehicles. No 828
person licensed as a commercial motor vehicle driver under 829
Chapter 4506. of the Revised Code need procure a driver's 830
license, but no person shall drive any commercial motor vehicle 831
unless licensed as a commercial motor vehicle driver. 832
Every driver's license shall bear on it the distinguishing 834
number assigned to the licensee and shall contain the licensee's 835
name, date of birth, social security number if such number has 836
been assigned; the licensee's residence address and county of 837
residence; a color photograph of the licensee; a brief 838
description of the licensee for the purpose of identification; a 840
facsimile of the signature of the licensee as it appears on the 841
application for the license; a space marked "blood type" in which 842
a licensee may specify his THE LICENSEE'S blood type; a notation, 843
in a manner prescribed by the registrar, indicating any condition 844
described in division (D)(3) of section 4507.08 of the Revised 845
Code to which the licensee is subject; on and after May 1, 1993, 847
if the licensee has executed a durable power of attorney for 848
health care or a declaration governing the use or continuation, 849
or the withholding or withdrawal, of life-sustaining treatment 850
and has specified that he THE LICENSEE wishes his THE license to 851
indicate that he THE LICENSEE has executed either type of 852
instrument, any symbol chosen by the registrar to indicate that 853
the licensee has executed either type of instrument; and any 854
additional information that the registrar requires by rule. 855
The driver's license for licensees under twenty-one years 857
of age shall have characteristics prescribed by the registrar 858
distinguishing it from that issued to a licensee who is 859
20
twenty-one years of age or older.
Every driver's or commercial driver's license bearing a 861
motorcycle operator's endorsement and every restricted license to 862
operate a motor vehicle also shall bear the designation "novice," 863
if the endorsement or license is issued to a person who is 864
eighteen years of age or older and previously has not been 865
licensed to operate a motorcycle by this state or another 866
jurisdiction recognized by this state. The "novice" designation 867
shall be effective for one year after the date of issuance of the 868
motorcycle operator's endorsement or license. 869
Each license issued under this section shall be of such 871
material and so designed as to prevent its reproduction or 872
alteration without ready detection and, to this end, shall be 873
laminated with a transparent plastic material. 874
(B) Neither the registrar nor any deputy registrar shall 876
issue a driver's license to anyone under twenty-one years of age 877
that does not have the characteristics prescribed by the 878
registrar distinguishing it from the driver's license issued to 879
persons who are twenty-one years of age or older. 880
Sec. 4507.162. (A) Except as provided in division (C) of 889
this section, the registrar of motor vehicles shall suspend the 890
probationary driver's license or, restricted license, OR 892
TEMPORARY INSTRUCTION PERMIT issued to any person when the 893
person, before reaching his THE PERSON'S eighteenth birthday, has 895
been convicted of, pleaded guilty to, or been adjudicated in
juvenile court of having committed any of the following: 896
(1) Three TWO separate violations in any two-year period 898
of section 2903.06, 2903.07, 2903.08, 2921.331, 4511.12, 4511.13, 899
4511.15, 4511.191, 4511.192, 4511.20, 4511.201, 4511.202, 900
4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57 to 901
4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised 902
Code, section 2903.04 of the Revised Code in a case in which the 903
person would have been subject to the sanctions described in 904
division (D) of that section had he THE PERSON been convicted of 905
21
the violation of that section, or any municipal ordinances 907
similarly relating to the offenses contained in those sections; 908
(2) One violation of section 4511.19 of the Revised Code 910
or a substantially similar municipal ordinance. 911
Any person whose license OR PERMIT is suspended under 913
division (A)(1) OR (2) of this section shall mail or deliver his 915
THE PERSON'S probationary driver's license or, restricted 917
license, OR TEMPORARY INSTRUCTION PERMIT to the registrar within 918
fourteen days of notification of the suspension. The registrar 919
shall retain the license OR PERMIT during the period of the 920
suspension. A suspension pursuant to division (A)(1) of this 921
section shall remain in effect until one year has elapsed since 922
the date of suspension of the probationary driver's license or, 923
restricted license, OR TEMPORARY INSTRUCTION PERMIT and a 924
suspension pursuant to division (A)(2) of this section shall 926
remain in effect until six months have elapsed since the date of 927
the suspension. If the person's probationary driver's license 928
or, restricted license, OR TEMPORARY INSTRUCTION PERMIT is under 929
suspension on the date the court imposes sentence upon the person 931
for a violation described in division (A)(2) of this section, the 932
suspension shall take effect on the next day immediately 933
following the end of that period of suspension. If the person is 934
sixteen years of age or older and pleads guilty to or is 935
convicted of a violation described in division (A)(2) of this 936
section and he THE PERSON does not have a current, valid 938
probationary driver's license or, restricted license, OR 939
TEMPORARY INSTRUCTION PERMIT, the registrar shall deny the 940
issuance to the person of a probationary driver's license, 941
restricted license, driver's license, probationary commercial 942
driver's license, or commercial driver's license, OR TEMPORARY 943
INSTRUCTION PERMIT, as the case may be, for six months beginning 944
on the date the court imposes sentence upon the person for the 945
violation. If the person has not attained the age of sixteen 946
years on the date the court imposes sentence upon him THE PERSON 947
22
for the violation, the period of denial shall commence on the 949
date the person attains the age of sixteen years. 950
(B) The registrar also shall suspend the temporary 952
instruction permit or probationary driver's license of any person 953
under the age of eighteen who has been adjudicated unruly, 954
delinquent, or a juvenile traffic offender for having committed 955
any act that if committed by an adult would be a drug abuse 956
offense as defined in section 2925.01 of the Revised Code, or a 957
violation of division (B) of section 2917.11 of the Revised Code 958
until the person reaches the age of eighteen years or attends, at 959
the discretion of the court, and satisfactorily completes a drug 960
abuse or alcohol abuse education, intervention, or treatment 961
program specified by the court. Any person whose temporary 962
instruction permit or probationary driver's license is suspended 963
under this division shall mail or deliver his THE PERSON'S permit 965
or license to the registrar within fourteen days of notification 966
of the suspension. The registrar shall retain the PERMIT OR 967
license during the period of the suspension. 969
(C) If a person is convicted of, pleads guilty to, or is 971
adjudicated in juvenile court of having committed a third SECOND 972
violation of sections 4511.12, 4511.13, 4511.15, 4511.20 to 973
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or 974
4511.75 of the Revised Code or any similar municipal ordinances 975
within a two-year period, and the person, within the preceding 976
seven years, has been convicted of, pleaded guilty to, or 977
adjudicated in juvenile court of having committed three or more 978
violations of division (A) or (B) of section 4511.19 of the 979
Revised Code, a municipal ordinance relating to operating a 980
vehicle while under the influence of alcohol, a drug of abuse, or 981
alcohol and a drug of abuse, a municipal ordinance relating to 982
operating a vehicle with a prohibited concentration of alcohol in 983
the blood, breath, or urine, section 2903.04 of the Revised Code 984
in a case in which the person was subject to the sanctions 985
described in division (D) of that section, or section 2903.06, 986
23
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 987
that is substantially similar to section 2903.07 of the Revised 988
Code in a case in which the jury or judge found that the person 989
was under the influence of alcohol, a drug of abuse, or alcohol 990
and a drug of abuse, the person is not entitled to request, and 991
the court shall not grant to the person, occupational driving 992
privileges under this division. For any other person who is 993
convicted of, pleads guilty to, or is adjudicated in juvenile 994
court of having committed a third SECOND violation of sections 995
4511.12, 4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 997
to 4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or 998
any similar municipal ordinances within a two-year period, the 999
court in which the third SECOND conviction, finding, plea, or 1,000
adjudication was made, upon petition of the person, may grant the 1,001
person occupational driving privileges if the court finds that 1,002
the person will reach his THE PERSON'S eighteenth birthday before 1,004
the period of suspension required to be imposed under division 1,005
(A)(1) of this section expires and further finds reasonable cause 1,006
to believe that the suspension, if continued beyond the person's 1,007
eighteenth birthday, will seriously affect the person's ability 1,008
to continue in his employment. The occupational driving 1,009
privileges granted under this division shall be effective on the 1,010
person's eighteenth birthday and during the period following such 1,011
birthday for which the suspension would otherwise WOULD be 1,012
imposed. A court shall not grant occupational driving privileges 1,014
to any person who, within seven years of the filing of the 1,015
petition, has been convicted of, pleaded guilty to, or 1,016
adjudicated in juvenile court of having committed three or more 1,017
violations of division (A) or (B) of section 4511.19 of the 1,018
Revised Code, a municipal ordinance relating to operating a 1,019
vehicle while under the influence of alcohol, a drug of abuse, or 1,020
alcohol and a drug of abuse, a municipal ordinance relating to 1,021
operating a vehicle with a prohibited concentration of alcohol in 1,022
the blood, breath, or urine, section 2903.04 of the Revised Code 1,023
24
in a case in which the person was subject to the sanctions 1,024
described in division (D) of that section, or section 2903.06, 1,025
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 1,026
that is substantially similar to section 2903.07 of the Revised 1,027
Code in a case in which the jury or judge found that the person 1,028
was under the influence of alcohol, a drug of abuse, or alcohol 1,029
and a drug of abuse. In granting occupational driving 1,030
privileges, the court shall specify the times and places at which 1,031
the person may drive and may impose any other conditions upon the 1,032
person's use of a motor vehicle that the court considers 1,033
reasonable and necessary.
A court that grants occupational driving privileges to a 1,035
person under this division shall retain the person's probationary 1,036
driver's license or, restricted license, OR TEMPORARY INSTRUCTION 1,038
PERMIT during the period the license OR PERMIT is suspended and 1,039
also during the period for which occupational driving privileges 1,040
are granted, and shall deliver to the person a permit card, in a 1,041
form to be prescribed by the court, setting forth the date on 1,042
which the occupational driving privileges will become effective, 1,043
the times and places at which the person may drive, and any other 1,044
conditions imposed upon the person's use of a motor vehicle. 1,045
The court immediately shall notify the registrar, in 1,047
writing, of a grant of occupational driving privileges. The 1,048
notification shall specify the date on which the occupational 1,049
driving privileges will become effective, the times and places at 1,050
which the person may drive, and any other conditions imposed upon 1,051
the person's use of a motor vehicle. The registrar shall not 1,052
suspend the probationary driver's license or, restricted license, 1,054
OR TEMPORARY INSTRUCTION PERMIT of any person pursuant to 1,055
division (A) of this section during any period for which the 1,056
person has been granted occupational driving privileges as 1,057
provided in this division, if the registrar has received the 1,058
notification described in this division from the court. 1,059
(D) If a person who has been granted occupational driving 1,061
25
privileges under division (C) of this section is convicted of, 1,062
pleads guilty to, or is adjudicated in juvenile court of having 1,063
committed, a violation of section 4507.02 of the Revised Code, or 1,064
a fourth THIRD or subsequent violation of any of the other 1,065
sections of the Revised Code listed in division (A)(1) of this 1,067
section or any similar municipal ordinance during the period for 1,068
which he THE PERSON was granted occupational driving privileges, 1,070
the court that granted the occupational driving privileges shall 1,071
revoke them and cancel the person's permit card. The court or 1,072
the clerk of the court immediately shall forward the person's 1,073
probationary driver's license or, restricted license, OR 1,074
TEMPORARY INSTRUCTION PERMIT together with written notification 1,075
of the court's action to the registrar. Upon receipt of the 1,076
license OR PERMIT and notification, the registrar shall suspend 1,077
the person's probationary driver's license or, restricted 1,079
license, OR TEMPORARY INSTRUCTION PERMIT for a period of one 1,080
year. The registrar shall retain the license OR PERMIT during 1,081
the period of suspension, and no further occupational driving 1,082
privileges shall be granted during that period.
(E) No application for a driver's or commercial driver's 1,084
license shall be received from any person whose probationary 1,085
driver's license or, restricted license, OR TEMPORARY INSTRUCTION 1,087
PERMIT has been suspended under this section until the EACH OF 1,089
THE FOLLOWING HAS OCCURRED:
(a) THE suspension period has expired, a; 1,092
(b) A temporary instruction permit or commercial driver's 1,095
license temporary instruction permit has been issued, and the; 1,096
(c) THE PERSON SUCCESSFULLY COMPLETES A JUVENILE DRIVER 1,098
IMPROVEMENT PROGRAM APPROVED BY THE REGISTRAR UNDER DIVISION (F) 1,100
OF THIS SECTION;
(d) THE applicant has submitted to the examination for a 1,104
driver's license as provided for in section 4507.11 or a 1,105
commercial driver's license as provided in Chapter 4506. of the 1,106
Revised Code.
26
(F) THE REGISTRAR SHALL ESTABLISH STANDARDS FOR JUVENILE 1,108
DRIVER IMPROVEMENT PROGRAMS AND SHALL APPROVE ANY SUCH PROGRAMS 1,109
THAT MEET THE ESTABLISHED STANDARDS. THE STANDARDS ESTABLISHED 1,110
BY THE REGISTRAR SHALL REQUIRE A MINIMUM OF FIVE HOURS OF 1,111
CLASSROOM INSTRUCTION, WITH AT LEAST THREE HOURS DEVOTED TO 1,112
DRIVER SKILL REQUIREMENTS AND TWO HOURS DEVOTED TO JUVENILE
DRIVER INFORMATION RELATED TO THE DRIVING RECORDS OF DRIVERS 1,113
UNDER THE AGE OF EIGHTEEN, DRIVER PERCEPTIONS, AND THE VALUE OF 1,114
THE TRAFFIC LAWS. THE REGISTRAR SHALL PRESCRIBE THE REQUIREMENTS 1,116
FOR THE CURRICULUM TO BE PROVIDED AS WELL AS OTHER PROGRAM 1,117
DIRECTIVES. ONLY THOSE PROGRAMS APPROVED BY THE REGISTRAR SHALL
BE ACCEPTABLE FOR REINSTATEMENT OF THE DRIVING PRIVILEGES OF A 1,118
PERSON WHOSE PROBATIONARY DRIVER'S LICENSE WAS SUSPENDED UNDER 1,119
THIS SECTION.
Sec. 4507.21. (A) Each applicant for a driver's license 1,128
shall file an application in the office of the registrar of motor 1,129
vehicles or of a deputy registrar. Each 1,130
(B)(1) EACH person under eighteen years of age applying 1,133
for a driver's license issued in this state shall present 1,134
satisfactory evidence of having successfully completed any one of 1,135
the following:
(1)(a) A driver education course approved by the state 1,137
department of education. 1,138
(2)(b) A driver training course approved by the director 1,141
of public safety.
(3)(c) A driver training course comparable to a driver 1,143
education or driver training course described in division 1,145
(A)(B)(1)(a) or (2)(b) of this section and administered by a 1,147
branch of the armed forces of the United States and completed by 1,148
the applicant while residing outside this state for the purpose
of being with or near any person serving in the armed forces of 1,149
the United States. 1,150
(2) EACH PERSON UNDER EIGHTEEN YEARS OF AGE APPLYING FOR A 1,152
DRIVER'S LICENSE ALSO SHALL PRESENT, ON A FORM PRESCRIBED BY THE 1,153
27
REGISTRAR, AN AFFIDAVIT SIGNED BY AN ELIGIBLE ADULT ATTESTING 1,154
THAT THE PERSON HAS ACQUIRED AT LEAST FIFTY HOURS OF ACTUAL 1,155
DRIVING EXPERIENCE, WITH AT LEAST TEN OF THOSE HOURS BEING AT 1,156
NIGHT.
(C) If the registrar or deputy registrar determines that 1,158
the applicant is entitled to the driver's license, it shall be 1,159
issued. If the application shows that the applicant's license 1,160
has been previously revoked or suspended, the deputy registrar 1,161
shall forward the application to the registrar, who shall 1,162
determine whether the license shall be granted. 1,163
(D) All applications shall be filed in duplicate, and the 1,165
deputy registrar issuing the license shall immediately forward to 1,166
the office of the registrar the original copy of the application, 1,167
together with the duplicate copy of the certificate, if issued. 1,168
The registrar shall prescribe rules as to the manner in which the 1,169
deputy registrar files and maintains the applications and other 1,170
records. The registrar shall file every application for a 1,171
driver's or commercial driver's license and index them by name 1,172
and number, and shall maintain a suitable record of all licenses 1,173
issued, all convictions and bond forfeitures, all applications 1,174
for licenses denied, and all licenses which have been suspended 1,175
or revoked. 1,176
(B)(E) For purposes of section 2313.06 of the Revised 1,178
Code, the registrar shall maintain accurate and current lists of 1,180
the residents of each county who are eighteen years of age or 1,181
older, have been issued, on and after January 1, 1984, driver's 1,182
or commercial driver's licenses that are valid and current, and 1,183
would be electors if they were registered to vote, regardless of 1,184
whether they actually are registered to vote. The lists shall 1,185
contain the names, addresses, dates of birth, duration of 1,186
residence in this state, citizenship status, and social security 1,187
numbers, if the numbers are available, of the licensees, and may 1,188
contain any other information that the registrar considers 1,189
suitable.
28
(C)(F) Each person under eighteen years of age applying 1,191
for a motorcycle operator's endorsement or a restricted license 1,192
enabling him THE APPLICANT to operate a motorcycle shall present 1,193
satisfactory evidence of having completed the courses of 1,195
instruction in the motorcycle safety and education program 1,196
described in section 4508.08 of the Revised Code or a comparable 1,197
course of instruction administered by a branch of the armed 1,198
forces of the United States and completed by the applicant while 1,199
residing outside this state for the purpose of being with or near 1,200
any person serving in the armed forces of the United States. If
the registrar or deputy registrar then determines that the 1,201
applicant is entitled to the endorsement or restricted license, 1,202
it shall be issued.
(G) NO PERSON SHALL KNOWINGLY MAKE A FALSE STATEMENT IN AN 1,204
AFFIDAVIT PRESENTED IN ACCORDANCE WITH DIVISION (B)(2) OF THIS 1,205
SECTION. 1,206
(H) AS USED IN THIS SECTION, "ELIGIBLE ADULT" MEANS ANY OF 1,208
THE FOLLOWING PERSONS: 1,209
(1) A PARENT, GUARDIAN, OR CUSTODIAN OF THE APPLICANT; 1,211
(2) A PERSON OVER THE AGE OF TWENTY-ONE WHO ACTS IN LOCO 1,213
PARENTIS OF THE APPLICANT AND WHO MAINTAINS PROOF OF FINANCIAL 1,214
RESPONSIBILITY WITH RESPECT TO THE OPERATION OF A MOTOR VEHICLE 1,215
OWNED BY THE APPLICANT OR WITH RESPECT TO THE APPLICANT'S 1,216
OPERATION OF ANY MOTOR VEHICLE.
Sec. 4507.24. (A) Each deputy registrar may collect a fee 1,225
not to exceed the following: 1,226
(1) Three dollars and twenty-five cents for each 1,228
application for ISSUANCE OF A TEMPORARY INSTRUCTION PERMIT OR THE 1,229
renewal of a driver's license received by him THE DEPUTY, when 1,231
the applicant is required to submit to a VISION screening of his 1,232
vision under section 4507.12 of the Revised Code; 1,233
(2) Two dollars and twenty-five cents for each application 1,235
for a driver's license, or motorized bicycle license, or for 1,236
renewal of such a license, received by him THE DEPUTY, when the 1,237
29
applicant is not required to submit to a VISION screening of his 1,239
vision under section 4507.12 of the Revised Code. 1,241
(B) The fees prescribed by division (A) of this section 1,243
shall be in addition to the fee for a temporary instruction 1,244
permit and examination, a driver's license, a motorized bicycle 1,245
license, or duplicates thereof, and shall compensate the deputy 1,246
registrar for his THE DEPUTY'S services, for office and rental 1,247
expense, and for costs as provided in division (C) of this 1,249
section, as are necessary for the proper discharge of his THE 1,250
DEPUTY'S duties under sections 4507.01 to 4507.39 of the Revised 1,252
Code.
(C) Each deputy registrar shall transmit to the registrar 1,254
of motor vehicles, at such time and in such manner as the 1,255
registrar shall require by rule, an amount of each fee collected 1,256
under division (A)(1) of this section as shall be determined by 1,257
the registrar. The registrar shall pay all moneys so received by 1,258
him into the state bureau of motor vehicles fund created in 1,259
section 4501.25 of the Revised Code. 1,261
Sec. 4507.99. (A) Whoever violates division (B)(2) or 1,271
(D)(1) of section 4507.02 of the Revised Code is guilty of 1,272
driving under suspension or revocation or in violation of license 1,273
restrictions, a misdemeanor of the first degree. Whoever 1,274
violates division (C) of section 4507.02 of the Revised Code is 1,275
guilty of driving without paying a license reinstatement fee, a 1,276
misdemeanor of the first degree. Except as otherwise provided in 1,277
division (D) of section 4507.162 of the Revised Code, the court, 1,278
in addition to or independent of all other penalties provided by 1,279
law, may suspend for a period not to exceed one year the driver's 1,280
or commercial driver's license or permit or nonresident operating 1,281
privilege of any person who pleads guilty to or is convicted of a 1,282
violation of division (B)(2), (C), or (D)(1) of section 4507.02 1,283
of the Revised Code. 1,284
(B) Whoever violates division (D)(2) of section 4507.02 of 1,286
the Revised Code is guilty of driving under OMVI suspension or 1,287
30
revocation and shall be punished as provided in division (B)(1), 1,288
(2), or (3) and divisions (B)(4) to (8) of this section. 1,289
(1) If, within five years of the offense, the offender has 1,291
not been convicted of or pleaded guilty to any violation of 1,292
division (D)(2) of section 4507.02 of the Revised Code or a 1,293
municipal ordinance that is substantially equivalent to that 1,294
division, driving under OMVI suspension or revocation is a 1,295
misdemeanor of the first degree, and the court shall sentence the 1,296
offender to a term of imprisonment of not less than three 1,297
consecutive days and may sentence the offender pursuant to 1,298
section 2929.21 of the Revised Code to a longer term of 1,299
imprisonment. As an alternative to the term of imprisonment 1,300
required to be imposed by this division, but subject to division 1,301
(B)(6) of this section, the court may sentence the offender to a 1,302
term of not less than thirty consecutive days of electronically 1,303
monitored house arrest as defined in division (A)(4) of section 1,304
2929.23 of the Revised Code. The period of electronically 1,305
monitored house arrest shall not exceed six months. In addition, 1,306
the court shall impose upon the offender a fine of not less than 1,307
two hundred fifty and not more than one thousand dollars. 1,308
Regardless of whether the vehicle the offender was 1,310
operating at the time of the offense is registered in his name or 1,311
in the name of another person, the court, in addition to or 1,312
independent of any other sentence that it imposes upon the 1,313
offender and subject to section 4503.235 of the Revised Code, 1,314
shall order the immobilization for thirty days of the vehicle the 1,315
offender was operating at the time of the offense and the 1,316
impoundment for thirty days of the identification license plates 1,317
of that vehicle. The order for immobilization and impoundment 1,318
shall be issued and enforced in accordance with section 4503.233 1,319
of the Revised Code. 1,320
(2) If, within five years of the offense, the offender has 1,322
been convicted of or pleaded guilty to one violation of division 1,323
(D)(2) of section 4507.02 of the Revised Code or a municipal 1,324
31
ordinance that is substantially equivalent to that division, 1,325
driving under OMVI suspension or revocation is a misdemeanor, and 1,326
the court shall sentence the offender to a term of imprisonment 1,327
of not less than ten consecutive days and may sentence the 1,328
offender to a longer definite term of imprisonment of not more 1,329
than one year. As an alternative to the term of imprisonment 1,330
required to be imposed by this division, but subject to division 1,331
(B)(6) of this section, the court may sentence the offender to a 1,332
term of not less than ninety consecutive days of electronically 1,333
monitored house arrest as defined in division (A)(4) of section 1,334
2929.23 of the Revised Code. The period of electronically 1,335
monitored house arrest shall not exceed one year. In addition, 1,336
the court shall impose upon the offender a fine of not less than 1,337
five hundred and not more than two thousand five hundred dollars. 1,338
Regardless of whether the vehicle the offender was 1,340
operating at the time of the offense is registered in his name or 1,341
in the name of another person, the court, in addition to or 1,342
independent of any other sentence that it imposes upon the 1,343
offender and subject to section 4503.235 of the Revised Code, 1,344
shall order the immobilization for sixty days of the vehicle the 1,345
offender was operating at the time of the offense and the 1,346
impoundment for sixty days of the identification license plates 1,347
of that vehicle. The order for immobilization and impoundment 1,348
shall be issued and enforced in accordance with section 4503.233 1,349
of the Revised Code. 1,350
(3) If, within five years of the offense, the offender has 1,352
been convicted of or pleaded guilty to two or more violations of 1,353
division (D)(2) of section 4507.02 of the Revised Code or a 1,354
municipal ordinance that is substantially equivalent to that 1,355
division, driving under OMVI suspension or revocation is guilty 1,356
of a misdemeanor. The court shall sentence the offender to a 1,357
term of imprisonment of not less than thirty consecutive days and 1,358
may sentence the offender to a longer definite term of 1,359
imprisonment of not more than one year. The court shall not 1,360
32
sentence the offender to a term of electronically monitored house 1,361
arrest as defined in division (A)(4) of section 2929.23 of the 1,362
Revised Code. In addition, the court shall impose upon the 1,363
offender a fine of not less than five hundred and not more than 1,364
two thousand five hundred dollars. 1,365
Regardless of whether the vehicle the offender was 1,367
operating at the time of the offense is registered in his name or 1,368
in the name of another person, the court, in addition to or 1,369
independent of any other sentence that it imposes upon the 1,370
offender and subject to section 4503.235 of the Revised Code, 1,371
shall order the criminal forfeiture to the state of the vehicle 1,372
the offender was operating at the time of the offense. The order 1,373
of criminal forfeiture shall be issued and enforced in accordance 1,374
with section 4503.234 of the Revised Code. 1,375
If title to a motor vehicle that is subject to an order for 1,377
criminal forfeiture under this section is assigned or transferred 1,378
and division (C)(2) or (3) of section 4503.234 of the Revised 1,380
Code applies, in addition to or independent of any other penalty 1,381
established by law, the court may fine the offender the value of 1,382
the vehicle as determined by publications of the national auto 1,383
dealer's association. The proceeds from any fine imposed under 1,384
this division shall be distributed in accordance with division 1,385
(D)(4) of section 4503.234 of the Revised Code. 1,387
(4) In addition to or independent of all other penalties 1,389
provided by law or ordinance, the trial judge of any court of 1,390
record or the mayor of a mayor's court shall suspend for a period 1,391
not to exceed one year the driver's or commercial driver's 1,392
license or permit or nonresident operating privilege of an 1,393
offender who is sentenced under division (B)(1), (2), or (3) of 1,394
this section. 1,395
(5) Fifty per cent of any fine imposed by a court under 1,397
division (B)(1), (2), or (3) of this section shall be deposited 1,398
into the county indigent driver's alcohol treatment fund or 1,399
municipal indigent drivers alcohol treatment fund under the 1,400
33
control of that court, as created by the county or municipal 1,401
corporation pursuant to division (N) of section 4511.191 of the 1,402
Revised Code.
(6) No court shall impose the alternative sentence of not 1,404
less than thirty consecutive days of electronically monitored 1,405
house arrest permitted to be imposed by division (B)(1) of this 1,406
section or the alternative sentence of a term of not less than 1,407
ninety consecutive days of electronically monitored house arrest 1,408
permitted to be imposed by division (B)(2) of this section, 1,409
unless within sixty days of the date of sentencing, the court 1,410
issues a written finding, entered into the record, that, due to 1,411
the unavailability of space at the incarceration facility where 1,412
the offender is required to serve the term of imprisonment 1,413
imposed upon him, the offender will not be able to begin serving 1,414
his term of imprisonment within the sixty-day period following 1,415
the date of sentencing. If the court issues such a finding, the 1,416
court may impose the alternative sentence comprised of or 1,417
including electronically monitored house arrest permitted to be 1,418
imposed by division (B)(1) or (2) of this section. 1,419
(7) An offender sentenced under this section to a period 1,421
of electronically monitored house arrest shall be permitted work 1,422
release during such period. The duration of the work release 1,423
shall not exceed the time necessary each day for the offender to 1,424
commute to and from the place of employment and his home or other 1,425
place specified by the sentencing court and the time actually 1,426
spent under employment. 1,427
(8) Suspension of a commercial driver's license under this 1,429
section shall be concurrent with any period of disqualification 1,430
under section 4506.16 of the Revised Code. No person who is 1,431
disqualified for life from holding a commercial driver's license 1,432
under section 4506.16 of the Revised Code shall be issued a 1,433
driver's license under this chapter during the period for which 1,434
the commercial driver's license was suspended under this section, 1,435
and no person whose commercial driver's license is suspended 1,436
34
under this section shall be issued a driver's license under this 1,437
chapter during the period of the suspension. 1,438
(C) Whoever violates division (B)(1) of section 4507.02 of 1,440
the Revised Code is guilty of driving under financial 1,441
responsibility law suspension or revocation and shall be punished 1,442
as provided in division (C)(1), (2), or (3) and division (C)(4) 1,443
of this section. 1,444
(1) If, within five years of the offense, the offender has 1,446
not been convicted of or pleaded guilty to a violation of 1,447
division (B)(1) of section 4507.02 of the Revised Code or a 1,448
municipal ordinance that is substantially equivalent to that 1,449
division, driving under financial responsibility law suspension 1,450
or revocation is a misdemeanor of the first degree. 1,451
Regardless of whether the vehicle the offender was 1,453
operating at the time of the offense is registered in his name or 1,454
in the name of another person, the court, in addition to or 1,455
independent of any other sentence that it imposes upon the 1,456
offender and subject to section 4503.235 of the Revised Code, 1,457
shall order the immobilization for thirty days of the vehicle the 1,458
offender was operating at the time of the offense and the 1,459
impoundment for thirty days of the identification license plates 1,460
of that vehicle. The order for immobilization and impoundment 1,461
shall be issued and enforced in accordance with section 4503.233 1,462
of the Revised Code. 1,463
(2) If, within five years of the offense, the offender has 1,465
been convicted of or pleaded guilty to one violation of division 1,466
(B)(1) of section 4507.02 of the Revised Code or a municipal 1,467
ordinance that is substantially equivalent to that division, 1,468
driving under financial responsibility law suspension or 1,469
revocation is a misdemeanor of the first degree. 1,470
Regardless of whether the vehicle the offender was 1,472
operating at the time of the offense is registered in his name or 1,473
in the name of another person, the court, in addition to or 1,474
independent of any other sentence that it imposes upon the 1,475
35
offender and subject to section 4503.235 of the Revised Code, 1,476
shall order the immobilization for sixty days of the vehicle the 1,477
offender was operating at the time of the offense and the 1,478
impoundment for sixty days of the identification license plates 1,479
of that vehicle. The order for immobilization and impoundment 1,480
shall be issued and enforced in accordance with section 4503.233 1,481
of the Revised Code. 1,482
(3) If, within five years of the offense, the offender has 1,484
been convicted of or pleaded guilty to two or more violations of 1,485
division (B)(1) of section 4507.02 of the Revised Code or a 1,486
municipal ordinance that is substantially equivalent to that 1,487
division, driving under financial responsibility law suspension 1,488
or revocation is a misdemeanor of the first degree. 1,489
Regardless of whether the vehicle the offender was 1,491
operating at the time of the offense is registered in his name or 1,492
in the name of another person, the court, in addition to or 1,493
independent of any other sentence that it imposes upon the 1,494
offender and subject to section 4503.235 of the Revised Code, 1,495
shall order the criminal forfeiture to the state of the vehicle 1,496
the offender was operating at the time of the offense. The order 1,497
of criminal forfeiture shall be issued and enforced in accordance 1,498
with section 4503.234 of the Revised Code. 1,499
If title to a motor vehicle that is subject to an order for 1,501
criminal forfeiture under this section is assigned or transferred 1,502
and division (C)(2) or (3) of section 4503.234 of the Revised 1,504
Code applies, in addition to or independent of any other penalty 1,505
established by law, the court may fine the offender the value of 1,506
the vehicle as determined by publications of the national auto 1,507
dealer's association. The proceeds from any fine imposed under 1,508
this division shall be distributed in accordance with division 1,509
(D)(4) of section 4503.234 of the Revised Code. 1,511
(4) Except as otherwise provided in division (D) of 1,513
section 4507.162 of the Revised Code, the court, in addition to 1,514
or independent of all other penalties provided by law, may 1,515
36
suspend for a period not to exceed one year the driver's or 1,516
commercial driver's license or permit or nonresident operating 1,517
privilege of an offender who is sentenced under division (C)(1), 1,518
(2), or (3) of this section. 1,519
(5) The court shall not release a vehicle from the 1,521
immobilization ordered under division (C)(1) or (2) of this 1,522
section unless the court is presented with current proof of 1,523
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section 1,525
4507.02 of the Revised Code by operating a motor vehicle when his 1,526
driver's or commercial driver's license has been expired for no 1,527
more than six months is guilty of a minor misdemeanor. Whoever 1,528
violates division (B) of section 4507.13 or division (C) of 1,529
section 4507.52 of the Revised Code is guilty of a minor 1,530
misdemeanor. 1,531
(E) Whoever violates section 4507.33 of the Revised Code 1,533
is guilty of permitting the operation of a vehicle by a person 1,534
with no legal right to operate a vehicle and shall be punished as 1,535
provided in division (E)(1) or (2) of this section. 1,536
(1) If the offender previously has not been convicted of 1,538
or pleaded guilty to a violation of section 4507.33 of the 1,539
Revised Code, permitting the operation of a vehicle by a person 1,540
with no legal right to operate a vehicle is a misdemeanor of the 1,541
first degree. In addition to or independent of any other 1,542
sentence that it imposes upon the offender and subject to section 1,543
4503.235 of the Revised Code, the court shall order the 1,544
immobilization for thirty days of the vehicle involved in the 1,545
offense and the impoundment for thirty days of the identification 1,546
license plates of that vehicle. The order for immobilization and 1,547
impoundment shall be issued and enforced in accordance with 1,548
section 4503.233 of the Revised Code. 1,549
(2) If the offender previously has been convicted of or 1,551
pleaded guilty to one or more violations of section 4507.33 of 1,552
the Revised Code, permitting the operation of a vehicle by a 1,553
37
person with no legal right to operate a vehicle is a misdemeanor 1,554
of the first degree. In addition to or independent of any other 1,555
sentence that it imposes upon the offender and subject to section 1,556
4503.235 of the Revised Code, the court shall order the criminal 1,557
forfeiture to the state of the vehicle involved in the offense. 1,558
The order of criminal forfeiture shall be issued and enforced in 1,559
accordance with section 4503.234 of the Revised Code. 1,560
If title to a motor vehicle that is subject to an order for 1,562
criminal forfeiture under this section is assigned or transferred 1,563
and division (C)(2) or (3) of section 4503.234 of the Revised 1,565
Code applies, in addition to or independent of any other penalty 1,566
established by law, the court may fine the offender the value of 1,567
the vehicle as determined by publications of the national auto 1,568
dealer's association. The proceeds from any fine imposed under 1,569
this division shall be distributed in accordance with division 1,570
(D)(4) of section 4503.234 of the Revised Code. 1,572
(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05 OR 1,575
DIVISION (B) OF SECTION 4507.071 OF THE REVISED CODE IS GUILTY OF 1,579
A MINOR MISDEMEANOR.
(G) WHOEVER VIOLATES DIVISION (G) OF SECTION 4507.21 OF 1,582
THE REVISED CODE SHALL BE FINED ONE HUNDRED DOLLARS.
(H) Except as provided in divisions (A) to (E) of this 1,584
section and unless another penalty is provided by the laws of 1,585
this state, whoever violates any provision of sections 4507.01 to 1,586
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a 1,587
misdemeanor of the first degree. 1,588
(G)(I) Whenever a person is found guilty of a violation of 1,590
section 4507.32 of the Revised Code, the trial judge of any court 1,591
of record, in addition to or independent of all other penalties 1,592
provided by law or ordinance, may suspend for any period of time 1,593
not exceeding three years or revoke the license of any person, 1,594
partnership, association, or corporation, issued under section 1,595
4511.763 of the Revised Code. 1,596
(H)(J) Whenever a person is found guilty of a violation of 1,598
38
a traffic offense specified in Traffic Rule 13(B) that requires 1,599
the person's appearance in court, the court shall, in addition to 1,600
and independent of all other penalties required by law or 1,601
ordinance, require the person to verify the existence at the time 1,602
of the offense of proof of financial responsibility covering the 1,603
person's operation of the motor vehicle, or the motor vehicle if 1,604
registered in the person's name, and impose the civil penalties 1,605
specified in division (A) of section 4509.101 of the Revised Code 1,606
if the person fails to verify the existence of such proof of 1,607
financial responsibility. 1,608
(I)(K) This is an interim section effective until May 15, 1,610
1997. 1,611
Sec. 4508.02. (A) The director of public safety, subject 1,620
to Chapter 119. of the Revised Code, shall adopt and prescribe 1,621
such rules concerning the administration and enforcement of 1,622
sections 4508.01 to 4508.08 of the Revised Code as are necessary 1,623
to protect the public. The director shall inspect the school 1,624
facilities and equipment of applicants and licensees and examine
applicants for instructor's licenses. 1,625
(B) The director shall administer and enforce sections 1,627
4508.01 to 4508.08 of the Revised Code, and may call upon the 1,628
state superintendent of public instruction for assistance in 1,629
developing and formulating the rules. THE RULES SHALL REQUIRE A 1,630
MINIMUM OF SIXTEEN HOURS OF CLASSROOM INSTRUCTION, AND TEN HOURS 1,631
OF ACTUAL BEHIND-THE-WHEEL INSTRUCTION CONDUCTED ON PUBLIC 1,632
STREETS AND HIGHWAYS OF THIS STATE.
Section 2. That existing sections 3301.07, 4507.05, 1,634
4507.07, 4507.08, 4507.081, 4507.10, 4507.11, 4507.12, 4507.13, 1,635
4507.162, 4507.21, 4507.24, 4507.99, and 4508.02 of the Revised 1,636
Code are hereby repealed. 1,637
Section 3. That section 4507.08 of the Revised Code, as 1,640
amended by Sub. H.B. 167 of the 121st General Assembly, be
amended to read as follows: 1,641
Sec. 4507.08. No driver's license shall be issued to any 1,650
39
person under eighteen years of age, except that a probationary 1,651
license may be issued to a person over sixteen years of age and a 1,652
restricted license may be issued to a person who is fourteen or 1,653
fifteen years of age upon proof of hardship satisfactory to the 1,654
registrar of motor vehicles. (A) No probationary license shall 1,655
be issued to any person under the age of eighteen who has been 1,657
adjudicated an unruly or delinquent child or a juvenile traffic 1,658
offender for having committed any act that if committed by an 1,659
adult would be a drug abuse offense, as defined in section 1,660
2925.01 of the Revised Code, a violation of division (B) of 1,661
section 2917.11, or a violation of division (A) of section 1,662
4511.19 of the Revised Code, unless the person has been required 1,663
by the court to attend a drug abuse or alcohol abuse education, 1,664
intervention, or treatment program specified by the court and has 1,665
satisfactorily completed the program. 1,666
(B) No temporary instruction permit or driver's license 1,668
shall be issued to any person whose license has been suspended, 1,669
during the period for which the license was suspended, nor to any 1,670
person whose license has been revoked, under sections 4507.01 to 1,671
4507.39 of the Revised Code, until the expiration of one year 1,672
after the license was revoked. 1,673
(C) No temporary instruction permit or driver's license 1,675
shall be issued to any person whose commercial driver's license 1,676
is suspended under section 1905.201, 2301.374, 4507.16, 4507.34, 1,677
4507.99, 4511.191, or 4511.196 of the Revised Code or under any 1,678
other provision of the Revised Code during the period of the 1,679
suspension. 1,680
(D) No temporary instruction permit or driver's license 1,682
shall be issued to, or retained by ANY OF THE FOLLOWING PERSONS: 1,683
(A)(1) Any person who is an alcoholic, or is addicted to 1,685
the use of controlled substances to the extent that the use 1,686
constitutes an impairment to the person's ability to operate a 1,687
motor vehicle with the required degree of safety; 1,688
(B)(2) Any person who is under the age of eighteen and has 1,690
40
been adjudicated an unruly or delinquent child or a juvenile 1,691
traffic offender for having committed any act that if committed 1,692
by an adult would be a drug abuse offense, as defined in section 1,693
2925.01 of the Revised Code, a violation of division (B) of 1,694
section 2917.11, or a violation of division (A) of section 1,695
4511.19 of the Revised Code, unless the person has been required 1,696
by the court to attend a drug abuse or alcohol abuse education, 1,697
intervention, or treatment program specified by the court and has 1,698
satisfactorily completed the program; 1,699
(C)(3) Any person who, in the opinion of the registrar, is 1,701
afflicted with or suffering from a physical or mental disability 1,702
or disease that prevents the person from exercising reasonable 1,703
and ordinary control over a motor vehicle while operating the 1,704
vehicle upon the highways, except that a restricted license 1,705
effective for six months may be issued to any person otherwise 1,706
qualified who is or has been subject to any condition resulting 1,707
in episodic impairment of consciousness or loss of muscular 1,708
control and whose condition, in the opinion of the registrar, is 1,709
dormant or is sufficiently under medical control that the person 1,710
is capable of exercising reasonable and ordinary control over a 1,711
motor vehicle. A restricted license effective for six months 1,712
shall be issued to any person who is otherwise qualified who is 1,713
subject to any condition which causes episodic impairment of 1,714
consciousness or a loss of muscular control if the person 1,715
presents a statement from a licensed physician that the person's 1,716
condition is under effective medical control and the period of 1,717
time for which the control has been continuously maintained, 1,718
unless, thereafter, a medical examination is ordered and, 1,719
pursuant thereto, cause for denial is found. 1,720
A person to whom a six-month restricted license has been 1,722
issued shall give notice of the person's medical condition to the 1,723
registrar on forms provided by the registrar and signed by the 1,724
licensee's physician. The notice shall be sent to the registrar 1,725
six months after the issuance of the license. Subsequent 1,726
41
restricted licenses issued to the same individual shall be 1,727
effective for six months. 1,728
(D)(4) Any person who is unable to understand highway 1,730
warnings or traffic signs or directions given in the English 1,731
language; 1,732
(E)(5) Any person making an application whose driver's 1,734
license or driving privileges are under revocation or suspension 1,735
in the jurisdiction where issued or any other jurisdiction, until 1,736
the expiration of one year after the license was revoked or until 1,737
the period of suspension ends. Any person whose application is 1,738
denied under this division may file a petition in the municipal 1,739
court or county court in whose jurisdiction the person resides 1,740
agreeing to pay the cost of the proceedings and alleging that the 1,741
conduct involved in the offense that resulted in suspension or 1,742
revocation in the foreign jurisdiction would not have resulted in 1,743
a suspension or revocation had the offense occurred in this 1,744
state. If the petition is granted, petitioner shall notify the 1,745
registrar of motor vehicles by a certified copy of the court's 1,746
findings and a license shall not be denied under this division; 1,747
(F)(6) Any person whose driver's or commercial driver's 1,749
license or permit has been permanently revoked pursuant to 1,750
division (C) of section 4507.16 of the Revised Code. 1,751
Section 4. That all existing versions of section 4507.08 1,753
of the Revised Code are hereby repealed. 1,754
Section 5. That section 4507.99 of the Revised Code, as 1,756
amended by Am. Sub. H.B. 676 of the 121st General Assembly, be 1,757
amended to read as follows: 1,758
"Sec. 4507.99. (A) Whoever violates division (B)(2) or 1,768
(D)(1) of section 4507.02 of the Revised Code is guilty of 1,769
driving under suspension or revocation or in violation of license 1,770
restrictions, a misdemeanor of the first degree. Whoever 1,771
violates division (C) of section 4507.02 of the Revised Code is 1,772
guilty of driving without paying a license reinstatement fee, a 1,773
misdemeanor of the first degree. Except as otherwise provided in 1,774
42
division (D) of section 4507.162 of the Revised Code, the court, 1,775
in addition to or independent of all other penalties provided by 1,776
law, may suspend for a period not to exceed one year the driver's 1,777
or commercial driver's license or permit or nonresident operating 1,778
privilege of any person who pleads guilty to or is convicted of a 1,779
violation of division (B)(2), (C), or (D)(1) of section 4507.02 1,780
of the Revised Code. 1,781
(B) Whoever violates division (D)(2) of section 4507.02 of 1,783
the Revised Code is guilty of driving under OMVI suspension or 1,784
revocation and shall be punished as provided in division (B)(1), 1,785
(2), or (3) and divisions (B)(4) to (8) of this section. 1,786
(1) Except as otherwise provided in division (B)(2) or (3) 1,788
of this section, driving under OMVI suspension or revocation is a 1,789
misdemeanor of the first degree, and the court shall sentence the 1,790
offender to a term of imprisonment of not less than three 1,791
consecutive days and may sentence the offender pursuant to 1,792
section 2929.21 of the Revised Code to a longer term of 1,793
imprisonment. As an alternative to the term of imprisonment 1,794
required to be imposed by this division, but subject to division 1,795
(B)(6) of this section, the court may sentence the offender to a 1,796
term of not less than thirty consecutive days of electronically 1,797
monitored house arrest as defined in division (A)(4) of section 1,798
2929.23 of the Revised Code. The period of electronically 1,799
monitored house arrest shall not exceed six months. In addition, 1,800
the court shall impose upon the offender a fine of not less than 1,801
two hundred fifty and not more than one thousand dollars. 1,802
Regardless of whether the vehicle the offender was 1,804
operating at the time of the offense is registered in the 1,805
offender's name or in the name of another person, the court, in 1,806
addition to or independent of any other sentence that it imposes 1,807
upon the offender and subject to section 4503.235 of the Revised 1,808
Code, shall order the immobilization for thirty days of the 1,809
vehicle the offender was operating at the time of the offense and 1,810
the impoundment for thirty days of the identification license 1,811
43
plates of that vehicle. The order for immobilization and 1,812
impoundment shall be issued and enforced in accordance with 1,813
section 4503.233 of the Revised Code. 1,814
(2) If, within five years of the offense, the offender has 1,816
been convicted of or pleaded guilty to one violation of division 1,817
(D)(2) of section 4507.02 of the Revised Code or a municipal 1,818
ordinance that is substantially equivalent to that division, 1,819
driving under OMVI suspension or revocation is a misdemeanor, and 1,820
the court shall sentence the offender to a term of imprisonment 1,821
of not less than ten consecutive days and may sentence the 1,822
offender to a longer definite term of imprisonment of not more 1,823
than one year. As an alternative to the term of imprisonment 1,824
required to be imposed by this division, but subject to division 1,825
(B)(6) of this section, the court may sentence the offender to a 1,826
term of not less than ninety consecutive days of electronically 1,827
monitored house arrest as defined in division (A)(4) of section 1,828
2929.23 of the Revised Code. The period of electronically 1,829
monitored house arrest shall not exceed one year. In addition, 1,830
the court shall impose upon the offender a fine of not less than 1,831
five hundred and not more than two thousand five hundred dollars. 1,832
Regardless of whether the vehicle the offender was 1,834
operating at the time of the offense is registered in the 1,835
offender's name or in the name of another person, the court, in 1,836
addition to or independent of any other sentence that it imposes 1,837
upon the offender and subject to section 4503.235 of the Revised 1,838
Code, shall order the immobilization for sixty days of the 1,839
vehicle the offender was operating at the time of the offense and 1,840
the impoundment for sixty days of the identification license 1,841
plates of that vehicle. The order for immobilization and 1,842
impoundment shall be issued and enforced in accordance with 1,843
section 4503.233 of the Revised Code. 1,844
(3) If, within five years of the offense, the offender has 1,846
been convicted of or pleaded guilty to two or more violations of 1,847
division (D)(2) of section 4507.02 of the Revised Code or a 1,848
44
municipal ordinance that is substantially equivalent to that 1,849
division, driving under OMVI suspension or revocation is guilty 1,850
of a misdemeanor. The court shall sentence the offender to a 1,851
term of imprisonment of not less than thirty consecutive days and 1,852
may sentence the offender to a longer definite term of 1,853
imprisonment of not more than one year. The court shall not 1,854
sentence the offender to a term of electronically monitored house 1,855
arrest as defined in division (A)(4) of section 2929.23 of the 1,856
Revised Code. In addition, the court shall impose upon the 1,857
offender a fine of not less than five hundred and not more than 1,858
two thousand five hundred dollars. 1,859
Regardless of whether the vehicle the offender was 1,861
operating at the time of the offense is registered in the 1,862
offender's name or in the name of another person, the court, in 1,863
addition to or independent of any other sentence that it imposes 1,864
upon the offender and subject to section 4503.235 of the Revised 1,865
Code, shall order the criminal forfeiture to the state of the 1,866
vehicle the offender was operating at the time of the offense. 1,867
The order of criminal forfeiture shall be issued and enforced in 1,868
accordance with section 4503.234 of the Revised Code. 1,869
If title to a motor vehicle that is subject to an order for 1,871
criminal forfeiture under this section is assigned or transferred 1,872
and division (C)(2) or (3) of section 4503.234 of the Revised 1,874
Code applies, in addition to or independent of any other penalty 1,875
established by law, the court may fine the offender the value of 1,876
the vehicle as determined by publications of the national auto 1,877
dealer's association. The proceeds from any fine imposed under 1,878
this division shall be distributed in accordance with division 1,879
(D)(4) of section 4503.234 of the Revised Code. 1,881
(4) In addition to or independent of all other penalties 1,883
provided by law or ordinance, the trial judge of any court of 1,884
record or the mayor of a mayor's court shall suspend for a period 1,885
not to exceed one year the driver's or commercial driver's 1,886
license or permit or nonresident operating privilege of an 1,887
45
offender who is sentenced under division (B)(1), (2), or (3) of 1,888
this section. 1,889
(5) Fifty per cent of any fine imposed by a court under 1,891
division (B)(1), (2), or (3) of this section shall be deposited 1,892
into the county indigent driver's alcohol treatment fund or 1,893
municipal indigent drivers alcohol treatment fund under the 1,894
control of that court, as created by the county or municipal 1,895
corporation pursuant to division (N) of section 4511.191 of the 1,896
Revised Code.
(6) No court shall impose the alternative sentence of not 1,898
less than thirty consecutive days of electronically monitored 1,899
house arrest permitted to be imposed by division (B)(1) of this 1,900
section or the alternative sentence of a term of not less than 1,901
ninety consecutive days of electronically monitored house arrest 1,902
permitted to be imposed by division (B)(2) of this section, 1,903
unless within sixty days of the date of sentencing, the court 1,904
issues a written finding, entered into the record, that, due to 1,905
the unavailability of space at the incarceration facility where 1,906
the offender is required to serve the term of imprisonment 1,907
imposed upon the offender, the offender will not be able to begin 1,908
serving that term of imprisonment within the sixty-day period 1,910
following the date of sentencing. If the court issues such a 1,911
finding, the court may impose the alternative sentence comprised 1,912
of or including electronically monitored house arrest permitted 1,913
to be imposed by division (B)(1) or (2) of this section. 1,914
(7) An offender sentenced under this section to a period 1,916
of electronically monitored house arrest shall be permitted work 1,917
release during such period. The duration of the work release 1,918
shall not exceed the time necessary each day for the offender to 1,919
commute to and from the place of employment and the offender's 1,920
home or other place specified by the sentencing court and the 1,921
time actually spent under employment. 1,922
(8) Suspension of a commercial driver's license under this 1,924
section shall be concurrent with any period of disqualification 1,925
46
under section 2301.374 or 4506.16 of the Revised Code. No person 1,926
who is disqualified for life from holding a commercial driver's 1,927
license under section 4506.16 of the Revised Code shall be issued 1,928
a driver's license under this chapter during the period for which 1,929
the commercial driver's license was suspended under this section, 1,930
and no person whose commercial driver's license is suspended 1,931
under this section shall be issued a driver's license under this 1,932
chapter during the period of the suspension. 1,933
(C) Whoever violates division (B)(1) of section 4507.02 of 1,935
the Revised Code is guilty of driving under financial 1,936
responsibility law suspension or revocation and shall be punished 1,937
as provided in division (C)(1), (2), or (3) and division (C)(4) 1,938
of this section. 1,939
(1) Except as otherwise provided in division (C)(2) or (3) 1,941
of this section, driving under financial responsibility law 1,942
suspension or revocation is a misdemeanor of the first degree. 1,943
Regardless of whether the vehicle the offender was 1,945
operating at the time of the offense is registered in the 1,946
offender's name or in the name of another person, the court, in 1,947
addition to or independent of any other sentence that it imposes 1,948
upon the offender and subject to section 4503.235 of the Revised 1,949
Code, shall order the immobilization for thirty days of the 1,950
vehicle the offender was operating at the time of the offense and 1,951
the impoundment for thirty days of the identification license 1,952
plates of that vehicle. The order for immobilization and 1,953
impoundment shall be issued and enforced in accordance with 1,954
section 4503.233 of the Revised Code. 1,955
(2) If, within five years of the offense, the offender has 1,957
been convicted of or pleaded guilty to one violation of division 1,958
(B)(1) of section 4507.02 of the Revised Code or a municipal 1,959
ordinance that is substantially equivalent to that division, 1,960
driving under financial responsibility law suspension or 1,961
revocation is a misdemeanor of the first degree. 1,962
Regardless of whether the vehicle the offender was 1,964
47
operating at the time of the offense is registered in the 1,965
offender's name or in the name of another person, the court, in 1,966
addition to or independent of any other sentence that it imposes 1,967
upon the offender and subject to section 4503.235 of the Revised 1,968
Code, shall order the immobilization for sixty days of the 1,969
vehicle the offender was operating at the time of the offense and 1,970
the impoundment for sixty days of the identification license 1,971
plates of that vehicle. The order for immobilization and 1,972
impoundment shall be issued and enforced in accordance with 1,973
section 4503.233 of the Revised Code. 1,974
(3) If, within five years of the offense, the offender has 1,976
been convicted of or pleaded guilty to two or more violations of 1,977
division (B)(1) of section 4507.02 of the Revised Code or a 1,978
municipal ordinance that is substantially equivalent to that 1,979
division, driving under financial responsibility law suspension 1,980
or revocation is a misdemeanor of the first degree. 1,981
Regardless of whether the vehicle the offender was 1,983
operating at the time of the offense is registered in the 1,984
offender's name or in the name of another person, the court, in 1,985
addition to or independent of any other sentence that it imposes 1,986
upon the offender and subject to section 4503.235 of the Revised 1,987
Code, shall order the criminal forfeiture to the state of the 1,988
vehicle the offender was operating at the time of the offense. 1,989
The order of criminal forfeiture shall be issued and enforced in 1,990
accordance with section 4503.234 of the Revised Code. 1,991
If title to a motor vehicle that is subject to an order for 1,993
criminal forfeiture under this section is assigned or transferred 1,994
and division (C)(2) or (3) of section 4503.234 of the Revised 1,996
Code applies, in addition to or independent of any other penalty 1,997
established by law, the court may fine the offender the value of 1,998
the vehicle as determined by publications of the national auto 1,999
dealer's association. The proceeds from any fine imposed under 2,000
this division shall be distributed in accordance with division 2,001
(D)(4) of section 4503.234 of the Revised Code. 2,003
48
(4) Except as otherwise provided in division (D) of 2,005
section 4507.162 of the Revised Code, the court, in addition to 2,006
or independent of all other penalties provided by law, may 2,007
suspend for a period not to exceed one year the driver's or 2,008
commercial driver's license or permit or nonresident operating 2,009
privilege of an offender who is sentenced under division (C)(1), 2,010
(2), or (3) of this section. 2,011
(5) The court shall not release a vehicle from the 2,013
immobilization ordered under division (C)(1) or (2) of this 2,014
section unless the court is presented with current proof of 2,016
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section 2,018
4507.02 of the Revised Code by operating a motor vehicle when the 2,020
offender's driver's or commercial driver's license has been 2,021
expired for no more than six months is guilty of a minor 2,022
misdemeanor. Whoever violates division (B) of section 4507.13 or 2,023
division (C) of section 4507.52 of the Revised Code is guilty of 2,024
a minor misdemeanor. 2,025
(E) Whoever violates section 4507.33 of the Revised Code 2,027
is guilty of permitting the operation of a vehicle by a person 2,028
with no legal right to operate a vehicle and shall be punished as 2,029
provided in division (E)(1) or (2) of this section. 2,030
(1) Except as otherwise provided in division (E)(2) of 2,032
this section, permitting the operation of a vehicle by a person 2,033
with no legal right to operate a vehicle is a misdemeanor of the 2,034
first degree. In addition to or independent of any other 2,035
sentence that it imposes upon the offender and subject to section 2,036
4503.235 of the Revised Code, the court shall order the 2,037
immobilization for thirty days of the vehicle involved in the 2,038
offense and the impoundment for thirty days of the identification 2,039
license plates of that vehicle. The order for immobilization and 2,040
impoundment shall be issued and enforced in accordance with 2,041
section 4503.233 of the Revised Code. 2,042
(2) If the offender previously has been convicted of or 2,044
49
pleaded guilty to one or more violations of section 4507.33 of 2,045
the Revised Code, permitting the operation of a vehicle by a 2,046
person with no legal right to operate a vehicle is a misdemeanor 2,047
of the first degree. In addition to or independent of any other 2,048
sentence that it imposes upon the offender and subject to section 2,049
4503.235 of the Revised Code, the court shall order the criminal 2,050
forfeiture to the state of the vehicle involved in the offense. 2,051
The order of criminal forfeiture shall be issued and enforced in 2,052
accordance with section 4503.234 of the Revised Code. 2,053
If title to a motor vehicle that is subject to an order for 2,055
criminal forfeiture under this section is assigned or transferred 2,056
and division (C)(2) or (3) of section 4503.234 of the Revised 2,058
Code applies, in addition to or independent of any other penalty 2,059
established by law, the court may fine the offender the value of 2,060
the vehicle as determined by publications of the national auto 2,061
dealer's association. The proceeds from any fine imposed under 2,062
this division shall be distributed in accordance with division 2,063
(D)(4) of section 4503.234 of the Revised Code. 2,065
(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05, OR 2,068
DIVISION (B) OF SECTION 4507.071 OF THE REVISED CODE IS GUILTY OF 2,072
A MINOR MISDEMEANOR.
(G) WHOEVER VIOLATES DIVISION (G) OF SECTION 4507.21 OF 2,075
THE REVISED CODE SHALL BE FINED ONE HUNDRED DOLLARS.
(H) Except as provided in divisions (A) to (E) of this 2,077
section and unless another penalty is provided by the laws of 2,078
this state, whoever violates any provision of sections 4507.01 to 2,079
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a 2,080
misdemeanor of the first degree. 2,081
(G)(I) Whenever a person is found guilty of a violation of 2,083
section 4507.32 of the Revised Code, the trial judge of any court 2,084
of record, in addition to or independent of all other penalties 2,085
provided by law or ordinance, may suspend for any period of time 2,086
not exceeding three years or revoke the license of any person, 2,087
partnership, association, or corporation, issued under section 2,088
50
4511.763 of the Revised Code. 2,089
(H)(J) Whenever a person is found guilty of a violation of 2,091
a traffic offense specified in Traffic Rule 13(B) that requires 2,092
the person's appearance in court, the court shall, in addition to 2,093
and independent of all other penalties required by law or 2,094
ordinance, require the person to verify the existence at the time 2,095
of the offense of proof of financial responsibility covering the 2,096
person's operation of the motor vehicle, or the motor vehicle if 2,097
registered in the person's name, and impose the civil penalties 2,098
specified in division (A) of section 4509.101 of the Revised Code 2,099
if the person fails to verify the existence of such proof of 2,100
financial responsibility." 2,101
(K) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2,103
1997. 2,104
Section 6. That all existing versions of section 4507.99 2,106
of the Revised Code are hereby repealed. 2,107
Section 7. Sections 3, 4, 5, and 6 of this act shall take 2,109
effect May 15, 1997. 2,110
Section 8. That section 4507.99 of the Revised Code, as 2,112
amended by Am. Sub. H.B. 438 of the 121st General Assembly, be 2,113
amended to read as follows: 2,114
"Sec. 4507.99. (A) Whoever violates division (B)(2) or 2,124
(D)(1) of section 4507.02 of the Revised Code is guilty of 2,125
driving under suspension or revocation or in violation of license 2,126
restrictions, a misdemeanor of the first degree. Whoever 2,127
violates division (C) of section 4507.02 of the Revised Code is 2,128
guilty of driving without paying a license reinstatement fee, a 2,129
misdemeanor of the first degree. Except as otherwise provided in 2,130
division (D) of section 4507.162 of the Revised Code, the court, 2,131
in addition to or independent of all other penalties provided by 2,132
law, may suspend for a period not to exceed one year the driver's 2,133
or commercial driver's license or permit or nonresident operating 2,134
privilege of any person who pleads guilty to or is convicted of a 2,135
violation of division (B)(2), (C), or (D)(1) of section 4507.02 2,136
51
of the Revised Code. 2,137
(B) Whoever violates division (D)(2) of section 4507.02 of 2,139
the Revised Code is guilty of driving under OMVI suspension or 2,140
revocation and shall be punished as provided in division (B)(1), 2,141
(2), or (3) and divisions (B)(4) to (8) of this section. 2,142
(1) Except as otherwise provided in division (B)(2) or (3) 2,144
of this section, driving under OMVI suspension or revocation is a 2,145
misdemeanor of the first degree, and the court shall sentence the 2,146
offender to a term of imprisonment of not less than three 2,147
consecutive days and may sentence the offender pursuant to 2,148
section 2929.21 of the Revised Code to a longer term of 2,149
imprisonment. As an alternative to the term of imprisonment 2,150
required to be imposed by this division, but subject to division 2,151
(B)(6) of this section, the court may sentence the offender to a 2,152
term of not less than thirty consecutive days of electronically 2,153
monitored house arrest as defined in division (A)(4) of section 2,154
2929.23 of the Revised Code. The period of electronically 2,155
monitored house arrest shall not exceed six months. In addition, 2,156
the court shall impose upon the offender a fine of not less than 2,157
two hundred fifty and not more than one thousand dollars. 2,158
Regardless of whether the vehicle the offender was 2,160
operating at the time of the offense is registered in the 2,161
offender's name or in the name of another person, the court, in 2,162
addition to or independent of any other sentence that it imposes 2,163
upon the offender and subject to section 4503.235 of the Revised 2,164
Code, shall order the immobilization for thirty days of the 2,165
vehicle the offender was operating at the time of the offense and 2,166
the impoundment for thirty days of the identification license 2,167
plates of that vehicle. The order for immobilization and 2,168
impoundment shall be issued and enforced in accordance with 2,169
section 4503.233 of the Revised Code. 2,170
(2) If, within five years of the offense, the offender has 2,172
been convicted of or pleaded guilty to one violation of division 2,173
(D)(2) of section 4507.02 of the Revised Code or a municipal 2,174
52
ordinance that is substantially equivalent to that division, 2,175
driving under OMVI suspension or revocation is a misdemeanor, and 2,176
the court shall sentence the offender to a term of imprisonment 2,177
of not less than ten consecutive days and may sentence the 2,178
offender to a longer definite term of imprisonment of not more 2,179
than one year. As an alternative to the term of imprisonment 2,180
required to be imposed by this division, but subject to division 2,181
(B)(6) of this section, the court may sentence the offender to a 2,182
term of not less than ninety consecutive days of electronically 2,183
monitored house arrest as defined in division (A)(4) of section 2,184
2929.23 of the Revised Code. The period of electronically 2,185
monitored house arrest shall not exceed one year. In addition, 2,186
the court shall impose upon the offender a fine of not less than 2,187
five hundred and not more than two thousand five hundred dollars. 2,188
Regardless of whether the vehicle the offender was 2,190
operating at the time of the offense is registered in the 2,191
offender's name or in the name of another person, the court, in 2,192
addition to or independent of any other sentence that it imposes 2,193
upon the offender and subject to section 4503.235 of the Revised 2,194
Code, shall order the immobilization for sixty days of the 2,195
vehicle the offender was operating at the time of the offense and 2,196
the impoundment for sixty days of the identification license 2,197
plates of that vehicle. The order for immobilization and 2,198
impoundment shall be issued and enforced in accordance with 2,199
section 4503.233 of the Revised Code. 2,200
(3) If, within five years of the offense, the offender has 2,202
been convicted of or pleaded guilty to two or more violations of 2,203
division (D)(2) of section 4507.02 of the Revised Code or a 2,204
municipal ordinance that is substantially equivalent to that 2,205
division, driving under OMVI suspension or revocation is guilty 2,206
of a misdemeanor. The court shall sentence the offender to a 2,207
term of imprisonment of not less than thirty consecutive days and 2,208
may sentence the offender to a longer definite term of 2,209
imprisonment of not more than one year. The court shall not 2,210
53
sentence the offender to a term of electronically monitored house 2,211
arrest as defined in division (A)(4) of section 2929.23 of the 2,212
Revised Code. In addition, the court shall impose upon the 2,213
offender a fine of not less than five hundred and not more than 2,214
two thousand five hundred dollars. 2,215
Regardless of whether the vehicle the offender was 2,217
operating at the time of the offense is registered in the 2,218
offender's name or in the name of another person, the court, in 2,219
addition to or independent of any other sentence that it imposes 2,220
upon the offender and subject to section 4503.235 of the Revised 2,221
Code, shall order the criminal forfeiture to the state of the 2,222
vehicle the offender was operating at the time of the offense. 2,223
The order of criminal forfeiture shall be issued and enforced in 2,224
accordance with section 4503.234 of the Revised Code. 2,225
If title to a motor vehicle that is subject to an order for 2,227
criminal forfeiture under this section is assigned or transferred 2,228
and division (C)(2) or (3) of section 4503.234 of the Revised 2,230
Code applies, in addition to or independent of any other penalty 2,231
established by law, the court may fine the offender the value of 2,232
the vehicle as determined by publications of the national auto 2,233
dealer's association. The proceeds from any fine imposed under 2,234
this division shall be distributed in accordance with division 2,235
(D)(4) of section 4503.234 of the Revised Code. 2,237
(4) In addition to or independent of all other penalties 2,239
provided by law or ordinance, the trial judge of any court of 2,240
record or the mayor of a mayor's court shall suspend for a period 2,241
not to exceed one year the driver's or commercial driver's 2,242
license or permit or nonresident operating privilege of an 2,243
offender who is sentenced under division (B)(1), (2), or (3) of 2,244
this section. 2,245
(5) Fifty per cent of any fine imposed by a court under 2,247
division (B)(1), (2), or (3) of this section shall be deposited 2,248
into the county indigent driver's alcohol treatment fund or 2,249
municipal indigent drivers alcohol treatment fund under the 2,250
54
control of that court, as created by the county or municipal 2,251
corporation pursuant to division (N) of section 4511.191 of the 2,252
Revised Code.
(6) No court shall impose the alternative sentence of not 2,254
less than thirty consecutive days of electronically monitored 2,255
house arrest permitted to be imposed by division (B)(1) of this 2,256
section or the alternative sentence of a term of not less than 2,257
ninety consecutive days of electronically monitored house arrest 2,258
permitted to be imposed by division (B)(2) of this section, 2,259
unless within sixty days of the date of sentencing, the court 2,260
issues a written finding, entered into the record, that, due to 2,261
the unavailability of space at the incarceration facility where 2,262
the offender is required to serve the term of imprisonment 2,263
imposed upon the offender, the offender will not be able to begin 2,264
serving that term of imprisonment within the sixty-day period 2,266
following the date of sentencing. If the court issues such a 2,267
finding, the court may impose the alternative sentence comprised 2,268
of or including electronically monitored house arrest permitted 2,269
to be imposed by division (B)(1) or (2) of this section. 2,270
(7) An offender sentenced under this section to a period 2,272
of electronically monitored house arrest shall be permitted work 2,273
release during such period. The duration of the work release 2,274
shall not exceed the time necessary each day for the offender to 2,275
commute to and from the place of employment and the offender's 2,276
home or other place specified by the sentencing court and the 2,277
time actually spent under employment. 2,278
(8) Suspension of a commercial driver's license under this 2,280
section shall be concurrent with any period of disqualification 2,281
under section 2301.374 or 4506.16 of the Revised Code. No person 2,282
who is disqualified for life from holding a commercial driver's 2,283
license under section 4506.16 of the Revised Code shall be issued 2,284
a driver's license under this chapter during the period for which 2,285
the commercial driver's license was suspended under this section, 2,286
and no person whose commercial driver's license is suspended 2,287
55
under this section shall be issued a driver's license under this 2,288
chapter during the period of the suspension. 2,289
(C) Whoever violates division (B)(1) of section 4507.02 of 2,291
the Revised Code is guilty of driving under financial 2,292
responsibility law suspension or revocation and shall be punished 2,293
as provided in division (C)(1), (2), or (3) and division (C)(4) 2,294
of this section. 2,295
(1) Except as otherwise provided in division (C)(2) or (3) 2,297
of this section, driving under financial responsibility law 2,298
suspension or revocation is a misdemeanor of the first degree. 2,299
Regardless of whether the vehicle the offender was 2,301
operating at the time of the offense is registered in the 2,302
offender's name or in the name of another person, the court, in 2,303
addition to or independent of any other sentence that it imposes 2,304
upon the offender and subject to section 4503.235 of the Revised 2,305
Code, shall order the immobilization for thirty days of the 2,306
vehicle the offender was operating at the time of the offense and 2,307
the impoundment for thirty days of the identification license 2,308
plates of that vehicle. The order for immobilization and 2,309
impoundment shall be issued and enforced in accordance with 2,310
section 4503.233 of the Revised Code. 2,311
(2) If, within five years of the offense, the offender has 2,313
been convicted of or pleaded guilty to one violation of division 2,314
(B)(1) of section 4507.02 of the Revised Code or a municipal 2,315
ordinance that is substantially equivalent to that division, 2,316
driving under financial responsibility law suspension or 2,317
revocation is a misdemeanor of the first degree. 2,318
Regardless of whether the vehicle the offender was 2,320
operating at the time of the offense is registered in the 2,321
offender's name or in the name of another person, the court, in 2,322
addition to or independent of any other sentence that it imposes 2,323
upon the offender and subject to section 4503.235 of the Revised 2,324
Code, shall order the immobilization for sixty days of the 2,325
vehicle the offender was operating at the time of the offense and 2,326
56
the impoundment for sixty days of the identification license 2,327
plates of that vehicle. The order for immobilization and 2,328
impoundment shall be issued and enforced in accordance with 2,329
section 4503.233 of the Revised Code. 2,330
(3) If, within five years of the offense, the offender has 2,332
been convicted of or pleaded guilty to two or more violations of 2,333
division (B)(1) of section 4507.02 of the Revised Code or a 2,334
municipal ordinance that is substantially equivalent to that 2,335
division, driving under financial responsibility law suspension 2,336
or revocation is a misdemeanor of the first degree. 2,337
Regardless of whether the vehicle the offender was 2,339
operating at the time of the offense is registered in the 2,340
offender's name or in the name of another person, the court, in 2,341
addition to or independent of any other sentence that it imposes 2,342
upon the offender and subject to section 4503.235 of the Revised 2,343
Code, shall order the criminal forfeiture to the state of the 2,344
vehicle the offender was operating at the time of the offense. 2,345
The order of criminal forfeiture shall be issued and enforced in 2,346
accordance with section 4503.234 of the Revised Code. 2,347
If title to a motor vehicle that is subject to an order for 2,349
criminal forfeiture under this section is assigned or transferred 2,350
and division (C)(2) or (3) of section 4503.234 of the Revised 2,352
Code applies, in addition to or independent of any other penalty 2,353
established by law, the court may fine the offender the value of 2,354
the vehicle as determined by publications of the national auto 2,355
dealer's association. The proceeds from any fine imposed under 2,356
this division shall be distributed in accordance with division 2,357
(D)(4) of section 4503.234 of the Revised Code. 2,358
(4) Except as otherwise provided in division (D) of 2,360
section 4507.162 of the Revised Code, the court, in addition to 2,361
or independent of all other penalties provided by law, may 2,362
suspend for a period not to exceed one year the driver's or 2,363
commercial driver's license or permit or nonresident operating 2,364
privilege of an offender who is sentenced under division (C)(1), 2,365
57
(2), or (3) of this section. 2,366
(5) The court shall not release a vehicle from the 2,368
immobilization ordered under division (C)(1) or (2) of this 2,369
section unless the court is presented with current proof of 2,370
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section 2,372
4507.02 of the Revised Code by operating a motor vehicle when the 2,374
offender's driver's or commercial driver's license has been 2,375
expired for no more than six months is guilty of a minor 2,376
misdemeanor. Whoever violates division (B) of section 4507.13 or 2,377
division (C) of section 4507.52 of the Revised Code is guilty of 2,378
a minor misdemeanor. 2,379
(E) Whoever violates section 4507.33 of the Revised Code 2,381
is guilty of permitting the operation of a vehicle by a person 2,382
with no legal right to operate a vehicle and shall be punished as 2,383
provided in division (E)(1) or (2) of this section. 2,384
(1) Except as otherwise provided in division (E)(2) of 2,386
this section, permitting the operation of a vehicle by a person 2,387
with no legal right to operate a vehicle is a misdemeanor of the 2,388
first degree. In addition to or independent of any other 2,389
sentence that it imposes upon the offender and subject to section 2,390
4503.235 of the Revised Code, the court shall order the 2,391
immobilization for thirty days of the vehicle involved in the 2,392
offense and the impoundment for thirty days of the identification 2,393
license plates of that vehicle. The order for immobilization and 2,394
impoundment shall be issued and enforced in accordance with 2,395
section 4503.233 of the Revised Code. 2,396
(2) If the offender previously has been convicted of or 2,398
pleaded guilty to one or more violations of section 4507.33 of 2,399
the Revised Code, permitting the operation of a vehicle by a 2,400
person with no legal right to operate a vehicle is a misdemeanor 2,401
of the first degree. In addition to or independent of any other 2,402
sentence that it imposes upon the offender and subject to section 2,403
4503.235 of the Revised Code, the court shall order the criminal 2,404
58
forfeiture to the state of the vehicle involved in the offense. 2,405
The order of criminal forfeiture shall be issued and enforced in 2,406
accordance with section 4503.234 of the Revised Code. 2,407
If title to a motor vehicle that is subject to an order for 2,409
criminal forfeiture under this section is assigned or transferred 2,410
and division (C)(2) or (3) of section 4503.234 of the Revised 2,412
Code applies, in addition to or independent of any other penalty 2,413
established by law, the court may fine the offender the value of 2,414
the vehicle as determined by publications of the national auto 2,415
dealer's association. The proceeds from any fine imposed under 2,416
this division shall be distributed in accordance with division 2,417
(D)(4) of section 4503.234 of the Revised Code. 2,419
(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05, OR 2,422
DIVISION (B) OF SECTION 4507.071 OF THE REVISED CODE IS GUILTY OF 2,426
A MINOR MISDEMEANOR.
(G) WHOEVER VIOLATES DIVISION (G) OF SECTION 4507.21 OF 2,429
THE REVISED CODE SHALL BE FINED ONE HUNDRED DOLLARS.
(H) Except as provided in divisions (A) to (E) of this 2,431
section and unless another penalty is provided by the laws of 2,432
this state, whoever violates any provision of sections 4507.01 to 2,433
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a 2,434
misdemeanor of the first degree. 2,435
(G)(I) Whenever a person is found guilty of a violation of 2,437
section 4507.32 of the Revised Code, the trial judge of any court 2,438
of record, in addition to or independent of all other penalties 2,439
provided by law or ordinance, may suspend for any period of time 2,440
not exceeding three years or revoke the license of any person, 2,441
partnership, association, or corporation, issued under section 2,442
4511.763 of the Revised Code. 2,443
(H)(J) Whenever a person is found guilty of a violation of 2,445
a traffic offense specified in Traffic Rule 13(B) that requires 2,446
the person's appearance in court, the court shall require the 2,447
person to verify the existence at the time of the offense of 2,449
proof of financial responsibility covering the person's operation 2,450
59
of the motor vehicle, or the motor vehicle if registered in the 2,451
person's name, and notify the registrar pursuant to division (D) 2,452
of section 4509.101 of the Revised Code if the person fails to 2,453
verify the existence of such proof of financial responsibility." 2,454
Section 9. That all existing versions of section 4507.99 2,456
of the Revised Code are hereby repealed. 2,457
Section 10. Sections 8 and 9 of this act shall take effect 2,459
July 1, 1997.
Section 11. Section 4507.99 of the Revised Code is 2,461
presented in Section 8 of this act as a composite of the section 2,463
as amended by both Am. Sub. H.B. 438 and Am. Sub. H.B. 676 of the 2,464
121st General Assembly, with the new language of neither of the 2,466
acts shown in capital letters. This is in recognition of the 2,467
principle stated in division (B) of section 1.52 of the Revised 2,468
Code that such amendments are to be harmonized where not 2,469
substantively irreconcilable and constitutes a legislative 2,470
finding that such is the resulting version in effect prior to 2,471
July 1, 1997.
Section 12. The Department of Public Safety shall maintain 2,473
records and statistics indicating the driving history of persons 2,474
who are issued probationary driver's licenses under this act, 2,475
including crash records, traffic violation convictions, and 2,477
driver's license suspensions and revocations. The Department 2,478
shall compile the records and statistics in an appropriate format
and provide biennial reports to the General Assembly analyzing 2,479
the information and comparing the relative records of juvenile 2,480
drivers before and after the effective date of this act. 2,481