As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 35 5
1997-1998 6
SENATORS B. JOHNSON-WATTS-SWEENEY-FINAN-CARNES-DRAKE-GAETH- 8
ZALESKI-HORN-KEARNS 9
11
A B I L L
To amend sections 3301.07, 4507.05, 4507.07, 13
4507.08, 4507.081, 4507.10, 4507.11, 4507.12, 14
4507.13, 4507.162, 4507.21, 4507.24, 4507.99, and
4508.02 and to enact sections 4507.071 and 16
4507.072 of the Revised Code to revise the
conditions under which a driver's license is 17
issued to a person under age 18, to maintain the 18
provisions of this act on and after May 15, 1997, 19
by amending the versions of sections 4507.08 and 20
4507.99 of the Revised Code that take effect on
that date, and to maintain the provisions of this 21
act on and after July 1, 1997, by amending the 22
version of section 4507.99 of the Revised Code 23
that takes effect on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 3301.07, 4507.05, 4507.07, 27
4507.08, 4507.081, 4507.10, 4507.11, 4507.12, 4507.13, 4507.162, 28
4507.21, 4507.24, 4507.99, and 4508.02 be amended and sections 29
4507.071 and 4507.072 of the Revised Code be enacted to read as 31
follows:
Sec. 3301.07. The state board of education shall exercise 40
under the acts of the general assembly general supervision of the 41
system of public education in the state. In addition to the 42
powers otherwise imposed on the state board under the provisions 43
of law, the board shall have the following powers: 44
2
(A) Exercise policy forming, planning, and evaluative 46
functions for the public schools of the state, and for adult 47
education, except as otherwise provided by law; 48
(B) Exercise leadership in the improvement of public 50
education in this state, and administer the educational policies 51
of this state relating to public schools, and relating to 52
instruction and instructional material, building and equipment, 53
transportation of pupils, administrative responsibilities of 54
school officials and personnel, and finance and organization of 55
school districts, educational service centers, and territory. 56
Consultative and advisory services in such matters shall be 57
provided by the board to school districts and educational service 58
centers of this state. The board also shall develop a standard 59
of financial reporting which shall be used by all school
districts and educational service centers to make their financial 60
information available to the public in a format understandable by 62
the average citizen and provide year-to-year comparisons for at 63
least five years. The format shall show, among other things, 64
district and educational service center revenue by source; 65
expenditures for salaries, wages, and benefits of employees, 66
showing such amounts separately for classroom teachers, other 67
employees required to hold licenses issued pursuant to sections 68
3319.22 to 3319.31 of the Revised Code, and all other employees; 69
expenditures other than for personnel, by category, including 70
utilities, textbooks and other educational materials, equipment, 71
permanent improvements, pupil transportation, extracurricular 72
athletics, and other extracurricular activities; and per pupil 73
expenditures.
(C) Administer and supervise the allocation and 75
distribution of all state and federal funds for public school 76
education under the provisions of law, and may prescribe such 77
systems of accounting as are necessary and proper to this 78
function. It may require county auditors and treasurers, boards 79
of education, educational service center governing boards, 80
3
treasurers of such boards, teachers, and other school officers 82
and employees, or other public officers or employees, to file 83
with it such reports as it may prescribe relating to such funds, 84
or to the management and condition of such funds. 85
(D) Formulate and prescribe minimum standards to be 87
applied to all elementary and secondary schools in this state for 88
the purpose of requiring a general education of high quality. 89
Such standards shall provide adequately for: a curriculum 90
sufficient to meet the needs of pupils in every community; 91
locally developed competency programs; the licensing of teachers, 93
administrators, and other professional personnel and their 94
assignment according to training and qualifications; efficient 95
and effective instructional materials and equipment, including 96
library facilities; the proper organization, administration, and 97
supervision of each school, including regulations for preparing 98
all necessary records and reports and the preparation of a 99
statement of policies and objectives for each school; buildings, 100
grounds, health and sanitary facilities and services; admission 101
of pupils, and such requirements for their promotion from grade 102
to grade as will assure that they are capable and prepared for 103
the level of study to which they are certified; requirements for 104
graduation; and such other factors as the board finds necessary. 105
In the formulation and administration of such standards for 107
nonpublic schools the board shall also consider the particular 108
needs, methods and objectives of those schools, provided they do 109
not conflict with the provision of a general education of a high 110
quality and provided that regular procedures shall be followed 111
for promotion from grade to grade of pupils who have met the 112
educational requirements prescribed. 113
(E) Formulate and prescribe minimum standards for driver 115
education courses conducted at high schools in the state or by 116
educational service centers or joint vocational school district 117
boards of education. In the formulation of standards for driver 118
education courses, the board shall call upon the director of 119
4
public safety for advice and assistance. THE STANDARDS SHALL 120
REQUIRE A MINIMUM OF THIRTY-SIX HOURS OF CLASSROOM INSTRUCTION, 121
AND TEN HOURS OF ACTUAL BEHIND-THE-WHEEL INSTRUCTION CONDUCTED ON 122
PUBLIC STREETS AND HIGHWAYS OF THIS STATE, BUT SHALL NOT REQUIRE
ANY ADDITIONAL HOURS OF OBSERVATION WITHIN A VEHICLE. The board 123
shall require energy conservation information as part of the 125
driver education curriculum. Such information shall include, but 126
need not be limited to, the identification of inefficient driving 127
techniques and improper maintenance as they relate to decreased 128
gas mileage, information regarding the costs and benefits of 129
different modes of travel, and information concerning relative 130
fuel economy and life-cycle costs of new automobile purchases. 131
The board also shall require financial responsibility information 132
as part of the driver education curriculum.
(F) Prepare and submit annually to the governor and the 134
general assembly a report on the status, needs, and major 135
problems of the public schools of the state, with recommendations 136
for necessary legislative action and a ten-year projection of the 137
state's public and nonpublic school enrollment, by year and by 138
grade level; 139
(G) Prepare and submit to the director of budget and 141
management the biennial budgetary requests of the state board of 142
education, for its agencies and for the public schools of the 143
state; 144
(H) Cooperate with federal, state, and local agencies 146
concerned with the health and welfare of children and youth of 147
the state; 148
(I) Require such reports from school districts and 150
educational service centers, school officers, and employees as 152
are necessary and desirable. The superintendents and treasurers 153
of school districts and educational service centers shall certify 154
as to the accuracy of all reports required by law or state board 155
or state department of education rules to be submitted by the 156
district or educational service center and which contain 157
5
information necessary for calculation of state funding. Any 158
superintendent who knowingly falsifies such report shall be 159
subject to license revocation pursuant to section 3319.31 of the 160
Revised Code.
(J) In accordance with Chapter 119. of the Revised Code, 162
adopt procedures, standards, and guidelines for the education of 163
handicapped children pursuant to Chapter 3323. of the Revised 164
Code, including procedures, standards, and guidelines governing 165
programs and services operated by county boards of mental 166
retardation and developmental disabilities pursuant to section 167
3323.09 of the Revised Code; 168
(K) For the purpose of encouraging the development of 170
special programs of education for academically gifted children, 171
employ competent persons to analyze and publish data, promote 172
research, advise and counsel with boards of education, and 173
encourage the training of teachers in the special instruction of 174
gifted children. The board may provide financial assistance out 175
of any funds appropriated for this purpose to boards of education 176
and educational service center governing boards for developing 178
and conducting programs of education for academically gifted 179
children.
(L) Require that all public schools emphasize and 181
encourage, within existing units of study, the teaching of energy 182
and resource conservation, beginning in the primary grades; 183
(M) Formulate and prescribe minimum standards requiring 185
the use of phonics as a technique in the teaching of reading in 186
grades kindergarten through three. In addition, the state board 187
shall provide in-service training programs for teachers on the 188
use of phonics as a technique in the teaching of reading in 189
grades kindergarten through three. 190
(N) Develop and modify as necessary a state plan for 192
technology to encourage and promote the use of technological 193
advancements in educational settings. 194
The board may adopt rules necessary for carrying out any 196
6
function imposed on it by law, and may provide rules as are 197
necessary for its government and the government of its employees, 198
and may delegate to the superintendent of public instruction the 199
management and administration of any function imposed on it by 200
law. It may provide for the appointment of board members to 201
serve on temporary committees established by the board for such 202
purposes as are necessary. Permanent or standing committees 203
shall not be created. 204
Sec. 4507.05. (A) The registrar of motor vehicles, or the 213
A deputy registrar, upon receiving from any person an application 216
for a temporary instruction permit for a driver's license FROM 217
ANY PERSON WHO IS AT LEAST FIFTEEN YEARS AND SIX MONTHS OF AGE, 218
may issue such a permit entitling the applicant, while having the 219
permit in his immediate possession, to drive a motor vehicle, 221
other than a commercial motor vehicle, upon the highways when 222
UNDER THE FOLLOWING CONDITIONS: 223
(1) IF THE PERMIT IS ISSUED TO A PERSON WHO IS AT LEAST 225
FIFTEEN YEARS AND SIX MONTHS OF AGE, BUT LESS THAN SIXTEEN YEARS 226
OF AGE: 227
(a) THE PERMIT IS IN THE HOLDER'S IMMEDIATE POSSESSION; 230
(b) THE HOLDER IS ACCOMPANIED BY AN ELIGIBLE ADULT WHO 233
ACTUALLY OCCUPIES THE SEAT BESIDE THE PERMIT HOLDER;
(c) ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE 236
AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING 237
DEVICE.
(2) IF THE PERMIT IS ISSUED TO A PERSON WHO IS AT LEAST 239
SIXTEEN YEARS OF AGE: 240
(a) THE PERMIT IS IN THE HOLDER'S IMMEDIATE POSSESSION; 243
(b) THE HOLDER IS accompanied by a licensed operator who 246
is AT LEAST TWENTY-ONE YEARS OF AGE AND WHO IS actually occupying 247
a seat beside the driver; 248
(c) ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE 250
AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING 251
DEVICE. The 252
7
(B) THE registrar or a deputy registrar, upon receiving 255
from any person an application for a temporary instruction permit 256
to operate a motorcycle or motorized bicycle, may issue such a 257
permit entitling the applicant, while having the permit in his 258
THE APPLICANT'S immediate possession, to drive a motorcycle OR 259
MOTORIZED BICYCLE under restrictions determined by the registrar. 260
Such permits A TEMPORARY INSTRUCTION PERMIT TO OPERATE A 261
MOTORIZED BICYCLE MAY BE ISSUED TO A PERSON FOURTEEN OR FIFTEEN 262
YEARS OLD.
(C) ANY PERMIT ISSUED UNDER THIS SECTION shall be issued 265
in the same manner as drivers' licenses, including the age
requirements as provided under section 4507.08 of the Revised 267
Code A DRIVER'S LICENSE, upon forms A FORM to be furnished by the 269
registrar, except that no photograph of the applicant shall be 271
required on the permit, and that temporary instruction permits 272
for motorized bicycles may be issued to persons fourteen or 274
fifteen years old. No such A TEMPORARY INSTRUCTION permit shall 277
be granted TO A PERSON WHO IS UNDER THE AGE OF SIXTEEN SHALL BE 278
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 279
a period to exceed OF six months. A TEMPORARY INSTRUCTION PERMIT 282
ISSUED TO A PERSON UNDER THE AGE OF SIXTEEN SHALL BE 283
DISTINGUISHABLE BY COLOR OR IN SOME OTHER MANNER, AS DETERMINED 284
BY THE REGISTRAR, FROM THAT ISSUED TO A PERSON WHO IS SIXTEEN 285
YEARS OF AGE OR OLDER.
(D) Any person having in his THE PERSON'S possession a 287
valid and current driver's license or motorcycle operator's 290
license or endorsement issued to him THE PERSON by another 291
jurisdiction recognized by this state is exempt from obtaining a 293
temporary instruction permit for a driver's license, but shall 294
submit to the regular examination in obtaining a driver's license 295
or motorcycle operator's endorsement in this state. The 296
(E) THE registrar may adopt rules governing the use of 299
such TEMPORARY instruction permits.
8
(F)(1) NO HOLDER OF A PERMIT ISSUED UNDER DIVISION (A) OF 302
THIS SECTION SHALL OPERATE A MOTOR VEHICLE UPON A HIGHWAY OR ANY 303
PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR PURPOSES OF 304
VEHICULAR TRAVEL OR PARKING IN VIOLATION OF THE CONDITIONS 305
ESTABLISHED UNDER DIVISION (A) OF THIS SECTION. 307
(2) NO HOLDER OF A PERMIT ISSUED UNDER DIVISION (A) OF 309
THIS SECTION ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION WHO 310
IS UNDER THE AGE OF EIGHTEEN SHALL OPERATE A MOTOR VEHICLE UPON A 311
HIGHWAY OR ANY PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR 312
PURPOSES OF VEHICULAR TRAVEL OR PARKING BETWEEN THE HOURS OF 313
MIDNIGHT AND FIVE a.m., UNLESS ONE OF THE FOLLOWING APPLIES: 314
(a) THE PERMIT HOLDER IS UNDER THE AGE OF SIXTEEN AND IS 316
ACCOMPANIED BY THE PERSON'S PARENT, OR GUARDIAN; 317
(b) THE PERSON IS AT LEAST SIXTEEN YEARS OF AGE AND IS 319
ACCOMPANIED BY THE PERSON'S PARENT, GUARDIAN, OR ANY OTHER PERSON 320
OVER THE AGE OF TWENTY-ONE WHO IS DESIGNATED BY THE PERSON'S 321
PARENT OR GUARDIAN;
(c) THE PERSON IS IN POSSESSION OF A CURRENT, VALID 323
OCCUPATIONAL MEMORANDUM PROVIDED IN ACCORDANCE WITH SECTION 324
4507.072 OF THE REVISED CODE, PROVIDED THE PERSON OTHERWISE IS IN 325
COMPLIANCE WITH THE CONDITIONS ESTABLISHED UNDER DIVISION (A) OF 326
THIS SECTION.
(G) IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF 328
DIVISION (F)(2) OF THIS SECTION IF THE HOLDER OF THE PERMIT WAS 329
TRAVELING TO OR FROM A SCHOOL-RELATED FUNCTION AT THE TIME OF THE 330
VIOLATION, PROVIDED THE PERSON OTHERWISE IS IN COMPLIANCE WITH 331
THE CONDITIONS ESTABLISHED UNDER DIVISION (A) OF THIS SECTION. 332
(H) AS USED IN THIS SECTION: 334
(1) "ELIGIBLE ADULT" MEANS ANY OF THE FOLLOWING: 337
(a) AN INSTRUCTOR OF A DRIVER EDUCATION COURSE APPROVED BY 340
THE DEPARTMENT OF EDUCATION OR A DRIVER TRAINING COURSE APPROVED 341
BY THE DEPARTMENT OF PUBLIC SAFETY;
(b) ANY OF THE FOLLOWING PERSONS WHO HOLDS A CURRENT VALID 344
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE ISSUED BY THIS STATE: 345
9
(i) A PARENT, GUARDIAN, OR CUSTODIAN OF THE PERMIT HOLDER; 347
(ii) A PERSON OVER THE AGE OF TWENTY-ONE WHO ACTS IN LOCO 349
PARENTIS OF THE PERMIT HOLDER AND WHO MAINTAINS PROOF OF 351
FINANCIAL RESPONSIBILITY WITH RESPECT TO THE OPERATION OF A MOTOR 352
VEHICLE OWNED BY THE PERMIT HOLDER OR WITH RESPECT TO THE PERMIT 353
HOLDER'S OPERATION OF ANY MOTOR VEHICLE.
(2) "OCCUPANT RESTRAINING DEVICE" HAS THE SAME MEANING AS 355
IN SECTION 4513.263 OF THE REVISED CODE. 358
Sec. 4507.07. (A) The registrar of motor vehicles shall 367
not grant the application of any minor under eighteen years of 368
age for a probationary license or, a restricted license, OR A 369
TEMPORARY INSTRUCTION PERMIT, unless the application is signed by 371
one of the minor's parents, the minor's guardian, another person 373
having custody of the applicant, or, if there is no parent or 374
guardian, a responsible person who is willing to assume the
obligation imposed under this section. 375
At the time a minor under eighteen years of age submits an 377
application for a license OR PERMIT at a driver's license 378
examining station, the adult who signs the application shall 379
present identification establishing that the adult is the 380
individual whose signature appears on the application. The 381
registrar shall prescribe, by rule, the types of identification 382
that are suitable for the purposes of this paragraph. If the 383
adult who signs the application does not provide identification 384
as required by this paragraph, the application shall not be 385
accepted. 386
When a minor under eighteen years of age applies for a 388
probationary license or, a restricted license, OR A TEMPORARY 389
INSTRUCTION PERMIT, the registrar shall give the adult who signs 391
the application notice of the potential liability that may be 392
imputed to the adult pursuant to division (B) of this section and 393
notice of how the adult may prevent any liability from being 394
imputed to the adult pursuant to that division. 395
(B) Any negligence, or willful or wanton misconduct, that 397
10
is committed by a minor under eighteen years of age when driving 398
a motor vehicle upon a highway shall be imputed to the person who 399
has signed the application of the minor for a probationary 400
license or, restricted license, OR TEMPORARY INSTRUCTION PERMIT, 402
which person shall be jointly and severally liable with the minor 403
for any damages caused by the negligence or the willful or wanton 404
misconduct. This joint and several liability is not subject to 405
division (D) of section 2315.19, division (F) of section 2315.20, 406
or division (B) of section 2307.31 of the Revised Code with 407
respect to a negligence or other tort claim that otherwise is 409
subject to any of those sections. 410
There shall be no imputed liability imposed under this 412
division if a minor under eighteen years of age has proof of 413
financial responsibility with respect to the operation of a motor 414
vehicle owned by the minor or, if the minor is not the owner of a 415
motor vehicle, with respect to the minor's operation of any motor 416
vehicle, in the form and in the amounts as required under Chapter 417
4509. of the Revised Code. 418
(C) Any person who has signed the application of a minor 420
under eighteen years of age for a license OR PERMIT subsequently 421
may surrender to the registrar the license or temporary 422
instruction permit of the minor and request that the license or 423
permit be canceled. The registrar then shall cancel the license 424
or temporary instruction permit, and the person who signed the 425
application of the minor shall be relieved from the liability 426
imposed by division (B) of this section. 427
(D) Any minor under eighteen years of age whose 429
probationary license, restricted license, or temporary 430
instruction permit is surrendered to the registrar by the person 431
who signed the application for the license OR PERMIT and whose 432
license or temporary instruction permit subsequently is canceled 434
by the registrar may obtain a new license or temporary 435
instruction permit without having to undergo the examinations 436
otherwise required by sections 4507.11 and 4507.12 of the Revised 437
11
Code and without having to tender the fee for that license or 438
temporary instruction permit, if the minor is able to produce 440
another parent, guardian, other person having custody of the 441
minor, or other adult, and that adult is willing to assume the 442
liability imposed under division (B) of this section. That adult 444
shall comply with the procedures contained in division (A) of 446
this section.
Sec. 4507.071. (A) NO DRIVER'S LICENSE SHALL BE ISSUED TO 449
ANY PERSON UNDER EIGHTEEN YEARS OF AGE, EXCEPT THAT A
PROBATIONARY LICENSE MAY BE ISSUED TO A PERSON WHO IS AT LEAST 450
SIXTEEN YEARS OF AGE AND HAS HELD A TEMPORARY INSTRUCTION PERMIT 451
FOR A PERIOD OF AT LEAST SIX MONTHS. 452
(B) NO HOLDER OF A PROBATIONARY LICENSE ISSUED ON OR AFTER 454
THE EFFECTIVE DATE OF THIS SECTION SHALL OPERATE A MOTOR VEHICLE 455
UPON A HIGHWAY OR ANY PUBLIC OR PRIVATE PROPERTY USED BY THE 456
PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL OR PARKING BETWEEN THE 457
HOURS OF MIDNIGHT AND FIVE a.m., UNLESS EITHER OF THE FOLLOWING 458
APPLIES:
(a) THE PERSON IS ACCOMPANIED BY THE PERSON'S PARENT, 460
GUARDIAN, OR ANY OTHER PERSON OVER THE AGE OF TWENTY-ONE WHO IS 461
DESIGNATED BY THE PERSON'S PARENT OR GUARDIAN; 462
(b) THE PERSON IS IN POSSESSION OF A CURRENT, VALID 464
OCCUPATIONAL MEMORANDUM PROVIDED IN ACCORDANCE WITH SECTION 465
4507.072 OF THE REVISED CODE.
(C) NO HOLDER OF A PROBATIONARY LICENSE SHALL OPERATE A 468
MOTOR VEHICLE UPON A HIGHWAY OR ANY PUBLIC OR PRIVATE PROPERTY 469
USED BY THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL OR PARKING 470
UNLESS ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE 471
AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING 472
DEVICE.
(D) A RESTRICTED LICENSE MAY BE ISSUED TO A PERSON WHO IS 475
FOURTEEN OR FIFTEEN YEARS OF AGE UPON PROOF OF HARDSHIP 476
SATISFACTORY TO THE REGISTRAR OF MOTOR VEHICLES. 477
(E) IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF 479
12
DIVISION (B) OF THIS SECTION IF THE HOLDER OF THE PERMIT WAS 480
TRAVELING TO OR FROM A SCHOOL-RELATED FUNCTION AT THE TIME OF THE 481
VIOLATION.
(F) AS USED IN THIS SECTION, "OCCUPANT RESTRAINING DEVICE" 484
HAS THE SAME MEANING AS IN SECTION 4513.263 OF THE REVISED CODE. 487
Sec. 4507.072. (A) ANY PERSON WHO HOLDS A TEMPORARY 489
INSTRUCTION PERMIT OR PROBATIONARY DRIVER'S LICENSE MAY ASK THE 490
PERSON'S EMPLOYER TO PROVIDE AN OCCUPATIONAL MEMORANDUM STATING 491
THAT THE PERSON'S CONTINUED EMPLOYMENT REQUIRES THE PERSON TO 492
TRAVEL TO OR FROM WORK BETWEEN THE HOURS OF MIDNIGHT AND FIVE 493
a.m. THE MEMORANDUM SHALL BE PRODUCED ON BUSINESS STATIONERY OF 494
THE EMPLOYER AND SHALL CONTAIN ALL OF THE FOLLOWING: 495
(1) THE DATE THAT IT IS SIGNED AND PROVIDED TO THE 497
EMPLOYEE;
(2) THE NAME AND LOCATION OF THE PLACE OF EMPLOYMENT; 499
(3) A STATEMENT THAT THE PERSON'S CONTINUED EMPLOYMENT 501
REQUIRES TRAVEL TO OR FROM WORK BETWEEN THE HOURS OF MIDNIGHT AND 502
FIVE a.m.; 503
(4) THE NAME AND SIGNATURE OF THE EMPLOYER AND THE 505
EMPLOYEE.
(B) AN OCCUPATIONAL MEMORANDUM PROVIDED UNDER THIS SECTION 507
SHALL BE VALID FOR NO MORE THAN THIRTY DAYS AFTER THE DATE ON THE 508
MEMORANDUM. UPON THE EXPIRATION OF A MEMORANDUM, IT BECOMES 509
INVALID; HOWEVER, AN EMPLOYER MAY PROVIDE AN OCCUPATIONAL 510
MEMORANDUM EVERY THIRTY DAYS AS LONG AS THE PERSON'S CONTINUED 511
EMPLOYMENT REQUIRES TRAVEL TO OR FROM WORK BETWEEN THE HOURS OF
MIDNIGHT AND FIVE a.m. 512
Sec. 4507.08. No driver's license shall be issued to any 521
person under eighteen years of age, except that a probationary 522
license may be issued to a person over sixteen years of age and a 523
restricted license may be issued to a person who is fourteen or 524
fifteen years of age upon proof of hardship satisfactory to the 525
registrar of motor vehicles. (A) No probationary license shall 526
be issued to any person under the age of eighteen who has been 528
13
adjudicated an unruly or delinquent child or a juvenile traffic 529
offender for having committed any act that if committed by an 530
adult would be a drug abuse offense, as defined in section 531
2925.01 of the Revised Code, a violation of division (B) of 532
section 2917.11, or a violation of division (A) of section 533
4511.19 of the Revised Code, unless the person has been required 534
by the court to attend a drug abuse or alcohol abuse education, 535
intervention, or treatment program specified by the court and has 536
satisfactorily completed the program. 537
(B) No temporary instruction permit or driver's license 539
shall be issued to any person whose license has been suspended, 540
during the period for which the license was suspended, nor to any 541
person whose license has been revoked, under sections 4507.01 to 542
4507.39 of the Revised Code, until the expiration of one year 543
after the license was revoked. 544
(C) No temporary instruction permit or driver's license 546
shall be issued to any person whose commercial driver's license 547
is suspended under section 1905.201, 4507.16, 4507.34, 4507.99, 548
4511.191, or 4511.196 of the Revised Code or under any other 549
provision of the Revised Code during the period of the 550
suspension. 551
(D) No temporary instruction permit or driver's license 553
shall be issued to, or retained by ANY OF THE FOLLOWING PERSONS: 554
(A)(1) Any person who is an alcoholic, or is addicted to 556
the use of controlled substances to the extent that the use 557
constitutes an impairment to the person's ability to operate a 558
motor vehicle with the required degree of safety; 559
(B)(2) Any person who is under the age of eighteen and has 561
been adjudicated an unruly or delinquent child or a juvenile 562
traffic offender for having committed any act that if committed 563
by an adult would be a drug abuse offense, as defined in section 564
2925.01 of the Revised Code, a violation of division (B) of 565
section 2917.11, or a violation of division (A) of section 566
4511.19 of the Revised Code, unless the person has been required 567
14
by the court to attend a drug abuse or alcohol abuse education, 568
intervention, or treatment program specified by the court and has 569
satisfactorily completed the program; 570
(C)(3) Any person who, in the opinion of the registrar, is 572
afflicted with or suffering from a physical or mental disability 573
or disease that prevents him THE PERSON from exercising 574
reasonable and ordinary control over a motor vehicle while 576
operating the vehicle upon the highways, except that a restricted 577
license effective for six months may be issued to any person 578
otherwise qualified who is or has been subject to any condition 579
resulting in episodic impairment of consciousness or loss of 580
muscular control and whose condition, in the opinion of the 581
registrar, is dormant or is sufficiently under medical control 582
that he THE PERSON is capable of exercising reasonable and 584
ordinary control over a motor vehicle. A restricted license 585
effective for six months shall be issued to any person who is 586
otherwise qualified who is subject to any condition which causes 587
episodic impairment of consciousness or a loss of muscular 588
control if the person presents a statement from a licensed 589
physician that his THE PERSON'S condition is under effective 590
medical control and the period of time for which the control has
been continuously maintained, unless, thereafter, a medical 591
examination is ordered and, pursuant thereto, cause for denial is 592
found. 593
A person to whom a six-month restricted license has been 595
issued shall give notice of his THE PERSON'S medical condition to 597
the registrar on forms provided by the registrar and signed by
the licensee's physician. The notice shall be sent to the 598
registrar six months after the issuance of the license. 599
Subsequent restricted licenses issued to the same individual 600
shall be effective for six months. 601
(D)(4) Any person who is unable to understand highway 603
warnings or traffic signs or directions given in the English 604
language; 605
15
(E)(5) Any person making an application whose driver's 607
license or driving privileges are under revocation or suspension 608
in the jurisdiction where issued or any other jurisdiction, until 609
the expiration of one year after the license was revoked or until 610
the period of suspension ends. Any person whose application is 611
denied under this division may file a petition in the municipal 612
court or county court in whose jurisdiction the person resides 613
agreeing to pay the cost of the proceedings and alleging that the 614
conduct involved in the offense that resulted in suspension or 615
revocation in the foreign jurisdiction would not have resulted in 616
a suspension or revocation had the offense occurred in this 617
state. If the petition is granted, petitioner shall notify the 618
registrar of motor vehicles by a certified copy of the court's 619
findings and a license shall not be denied under this division; 620
(F)(6) Any person whose driver's or commercial driver's 622
license or permit has been permanently revoked pursuant to 623
division (C) of section 4507.16 of the Revised Code. 624
(E) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL MAY 15, 626
1997. 627
Sec. 4507.081. (A) Upon the expiration of a restricted 636
license issued under division (C)(D)(3) of section 4507.08 of the 638
Revised Code and submission of a statement as provided in 639
division (C) of this section, the registrar of motor vehicles may 640
issue a driver's license to the person to whom the restricted 641
license was issued. A driver's license issued under this section 642
shall, unless otherwise revoked, SHALL be effective for one year. 644
(B) A driver's license issued under this section may be 646
renewed annually, for no more than three consecutive years, 647
whenever the person to whom the license has been issued submits 648
to the registrar, by certified mail and no sooner than thirty 649
days prior to the expiration date of the license or renewal 650
thereof, a statement as provided in division (C) of this section. 651
A renewal of a driver's license shall, unless the license is 652
otherwise revoked, SHALL be effective for one year following the 653
16
expiration date of the license or renewal thereof, and shall be 654
evidenced by a validation sticker. The renewal validation 655
sticker shall be in a form prescribed by the registrar and shall 656
be affixed to the license. 657
(C) No person may be issued a driver's license under this 659
section, and no such driver's license may be renewed, unless the 660
person presents a signed statement from a licensed physician that 661
the person's condition is either IS dormant or IS under effective 663
medical control, that the control has been maintained 664
continuously for at least one year prior to the date on which 665
application for the license is made, and that, if continued 666
medication is prescribed to control the condition, the person may 667
be depended upon to take the medication. 668
The statement shall be made on a form provided by the 670
registrar, shall be in not less than duplicate, and shall contain 671
such ANY other information as the registrar considers necessary. 673
The duplicate copy of the statement may be retained by the person 674
requesting the license renewal and, when in his THE PERSON'S 675
immediate possession and used in conjunction with the original 677
license, shall entitle him THE PERSON to operate a motor vehicle 678
during a period of no more than thirty days following the date of 680
submission of the statement to the registrar, except when the 681
registrar denies the request for the license renewal and so 682
notifies the person.
(D) Whenever the registrar receives a statement indicating 684
that the condition of a person to whom a driver's license has 685
been issued under this section is no longer IS dormant or under 686
effective medical control, the registrar shall revoke the 687
person's driver's license. 688
(E) Nothing in this section shall require a person 690
submitting a signed statement from a licensed physician to obtain 691
a medical examination prior to the submission of the statement. 692
(F) Any person whose driver's license has been revoked 694
under this section may apply for a subsequent restricted license 695
17
according to the provisions of section 4507.08 of the Revised 696
Code. 697
Sec. 4507.10. (A) The registrar of motor vehicles shall 705
examine every applicant for a TEMPORARY INSTRUCTION PERMIT, 706
driver's license, or motorcycle operator's endorsement before 709
issuing any such PERMIT, license, or endorsement. 712
(B) Except as provided in section 4507.12 of the Revised 714
Code, the registrar may waive the examination of any person 715
applying for the renewal of a driver's license, or motorcycle 716
operator's endorsement issued under this chapter, provided that 717
the applicant presents either an unexpired license or endorsement 718
or a license or endorsement which has expired not more than six 719
months prior to the date of application. 720
(C) The registrar may waive the examination of any person 722
applying for the renewal of such license or endorsement who is on 723
active duty in the military or naval forces of the United States, 724
or in service with the peace corps, volunteers in service to 725
America, or the foreign service of the United States if the 726
applicant has no physical or mental disabilities that would 727
affect his THE APPLICANT'S driving ability and was an Ohio 728
licensee at the time he THE APPLICANT commenced such active duty 730
or service.
(D) Except as provided in section 4507.12 of the Revised 732
Code, the registrar may waive the examination of any person 733
applying for such license or endorsement who meets either of the 734
following sets of qualifications: 735
(1) Has been on active duty in the military or naval 737
forces of the United States, presents an honorable discharge 738
certificate showing that he THE APPLICANT has no physical or 739
mental disabilities which would affect his THE APPLICANT'S 741
driving ability, was an Ohio licensee at the time he THE 743
APPLICANT commenced such active duty, and makes the application 745
not more than six months after the date of discharge or 746
separation;
18
(2) Was in service with the peace corps, volunteers in 748
service to America, or the foreign service of the United States; 749
presents such evidence of such service as the registrar 750
prescribes showing that the applicant has no physical or mental 751
disabilities that would affect his APPLICANT'S driving ability; 752
was an Ohio licensee at the time he APPLICANT commenced such 754
service; and makes the application no more than six months after 756
leaving the peace corps, volunteers, or foreign service. 757
Sec. 4507.11. The registrar of motor vehicles shall 766
conduct all necessary examinations of applicants for TEMPORARY 767
INSTRUCTION PERMITS, drivers' licenses, or motorcycle operators' 769
endorsements. Such THE examination shall include a test of the 770
applicant's knowledge of motor vehicle laws, including the laws 771
on stopping for school buses, a test of his THE APPLICANT'S 772
physical fitness to drive, and a test of his THE APPLICANT'S 773
ability to understand highway traffic control devices. Such THE 774
examination may be conducted in such a manner that applicants who 775
are illiterate or limited in their knowledge of the English 776
language may be tested by methods that would indicate to the 777
examining officer that the applicant has a reasonable knowledge 778
of motor vehicle laws and understands highway traffic control 779
devices. Such AN applicant FOR A DRIVER'S LICENSE shall give an 781
actual demonstration of his THE ability to exercise ordinary and 782
reasonable control in the operation of a motor vehicle by driving 784
the same under the supervision of an examining officer. An 785
applicant for a motorcycle operator's endorsement shall give an 786
actual demonstration of his THE ability to exercise ordinary and 787
reasonable control in the operation of a motorcycle by driving 789
the same under the supervision of an examining officer. Except 790
as provided in section 4507.12 of the Revised Code, the registrar 791
shall designate the highway patrol or any law enforcement body to 792
supervise and conduct examinations for TEMPORARY INSTRUCTION 793
PERMITS, drivers' licenses, and motorcycle operators' 795
endorsements and shall provide the necessary rules and forms to 796
19
properly conduct such THE examinations. The records of such THE 797
examinations, together with the application for a TEMPORARY 799
INSTRUCTION PERMIT, driver's license, or motorcycle operator's 800
endorsement, shall be forwarded to the registrar by the deputy 801
registrar, and, if in the opinion of the registrar the applicant 802
is qualified to operate a motor vehicle, the registrar shall 803
issue such THE PERMIT, license, or endorsement. 805
The registrar may authorize the highway patrol or other 807
designated law enforcement body to issue an examiner's driving 808
permit to an applicant who has passed the required examination, 809
permitting such AUTHORIZING THAT applicant to operate a motor 810
vehicle while the registrar is completing his AN investigation 812
relative to such THAT applicant's qualifications to receive a 814
TEMPORARY INSTRUCTION PERMIT, driver's license, or motorcycle 816
operator's endorsement. Such THE examiner's driving permit shall 817
be in the immediate possession of the applicant while operating a 818
motor vehicle and shall be effective until final action and 819
notification has been given by the registrar, but in no event 820
longer than sixty days from its date of issuance.
Sec. 4507.12. (A) Except as provided in division (C) of 829
section 4507.10 of the Revised Code, each person applying for A 830
TEMPORARY INSTRUCTION PERMIT OR the renewal of a driver's license 832
shall submit to a screening of his THE PERSON'S vision before the 834
PERMIT IS ISSUED OR THE license may be renewed. The vision 835
screening shall be conducted at the office of the deputy 836
registrar receiving the application for ISSUANCE OF THE PERMIT OR 837
license renewal. 838
(B) When the results of a vision screening given under 840
division (A) of this section indicate that the vision of the 841
person examined meets the standards required for licensing, the 842
deputy registrar may ISSUE THE PERMIT TO AN APPLICANT WHO IS 843
OTHERWISE QUALIFIED OR renew the person's driver's license, AS 844
APPLICABLE, at that time. 846
(C) When the results of a vision screening given under 848
20
division (A) of this section indicate that the vision of the 849
person screened may not meet the standards required for 850
licensing, the deputy registrar shall not ISSUE THE PERMIT OR 851
renew the person's driver's license at that time, but shall refer 853
the person to a driver's license examiner appointed by the 854
superintendent of the state highway patrol under section 5503.21 855
of the Revised Code for a further examination of his THE PERSON'S 856
vision. When a person referred to a driver's license examiner by 858
a deputy registrar does not meet the vision standards required 859
for licensing, the driver's license examiner shall retain the 860
person's operator's or chauffeur's license OF A PERSON APPLYING 861
FOR LICENSE RENEWAL and shall immediately SHALL notify the 862
registrar of motor vehicles of that fact. No TEMPORARY 863
INSTRUCTION PERMIT OR driver's license shall be issued to any 865
such person, until the person's vision is corrected to meet the 866
standards required for licensing and the person passes the vision 867
screening required by this section. Any person who operates a 868
motor vehicle on a highway, or on any public or private property 869
used by the public for purposes of vehicular travel or parking, 870
during the time his THE PERSON'S driver's license is held by a 872
driver's license examiner under this division, shall be deemed to 873
be operating a motor vehicle in violation of division (A) of 874
section 4507.02 of the Revised Code.
(D) The registrar shall adopt rules and shall provide any 876
forms necessary to properly conduct vision screenings at the 877
office of a deputy registrar. 878
(E) No person conducting vision screenings under this 880
section shall be personally liable for damages for injury or loss 881
to persons or property and for death caused by the operation of a 882
motor vehicle by any person whose TEMPORARY INSTRUCTION PERMIT 883
WAS ISSUED OR WHOSE driver's license was renewed by the deputy 885
registrar under division (B) of this section.
Sec. 4507.13. (A) The registrar of motor vehicles shall 894
issue a driver's license to every person licensed as an operator 895
21
of motor vehicles other than commercial motor vehicles. No 896
person licensed as a commercial motor vehicle driver under 897
Chapter 4506. of the Revised Code need procure a driver's 898
license, but no person shall drive any commercial motor vehicle 899
unless licensed as a commercial motor vehicle driver. 900
Every driver's license shall bear on it the distinguishing 902
number assigned to the licensee and shall contain the licensee's 903
name, date of birth, social security number if such number has 904
been assigned; the licensee's residence address and county of 905
residence; a color photograph of the licensee; a brief 906
description of the licensee for the purpose of identification; a 908
facsimile of the signature of the licensee as it appears on the 909
application for the license; a space marked "blood type" in which 910
a licensee may specify his THE LICENSEE'S blood type; a notation, 911
in a manner prescribed by the registrar, indicating any condition 912
described in division (D)(3) of section 4507.08 of the Revised 913
Code to which the licensee is subject; on and after May 1, 1993, 915
if the licensee has executed a durable power of attorney for 916
health care or a declaration governing the use or continuation, 917
or the withholding or withdrawal, of life-sustaining treatment 918
and has specified that he THE LICENSEE wishes his THE license to 919
indicate that he THE LICENSEE has executed either type of 920
instrument, any symbol chosen by the registrar to indicate that 921
the licensee has executed either type of instrument; and any 922
additional information that the registrar requires by rule. 923
The driver's license for licensees under twenty-one years 925
of age shall have characteristics prescribed by the registrar 926
distinguishing it from that issued to a licensee who is 927
twenty-one years of age or older.
Every driver's or commercial driver's license bearing a 929
motorcycle operator's endorsement and every restricted license to 930
operate a motor vehicle also shall bear the designation "novice," 931
if the endorsement or license is issued to a person who is 932
eighteen years of age or older and previously has not been 933
22
licensed to operate a motorcycle by this state or another 934
jurisdiction recognized by this state. The "novice" designation 935
shall be effective for one year after the date of issuance of the 936
motorcycle operator's endorsement or license. 937
Each license issued under this section shall be of such 939
material and so designed as to prevent its reproduction or 940
alteration without ready detection and, to this end, shall be 941
laminated with a transparent plastic material. 942
(B) Neither the registrar nor any deputy registrar shall 944
issue a driver's license to anyone under twenty-one years of age 945
that does not have the characteristics prescribed by the 946
registrar distinguishing it from the driver's license issued to 947
persons who are twenty-one years of age or older. 948
Sec. 4507.162. (A) Except as provided in division (C) of 957
this section, the registrar of motor vehicles shall suspend the 958
probationary driver's license or, restricted license, OR 960
TEMPORARY INSTRUCTION PERMIT issued to any person when the 961
person, before reaching his THE PERSON'S eighteenth birthday, has 963
been convicted of, pleaded guilty to, or been adjudicated in
juvenile court of having committed any of the following: 964
(1) Three TWO separate violations in any two-year period 966
of section 2903.06, 2903.07, 2903.08, 2921.331, 4511.12, 4511.13, 967
4511.15, 4511.191, 4511.192, 4511.20, 4511.201, 4511.202, 968
4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57 to 969
4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised 970
Code, section 2903.04 of the Revised Code in a case in which the 971
person would have been subject to the sanctions described in 972
division (D) of that section had he THE PERSON been convicted of 973
the violation of that section, or any municipal ordinances 975
similarly relating to the offenses contained in those sections; 976
(2) One violation of section 4511.19 of the Revised Code 978
or a substantially similar municipal ordinance. 979
Any person whose license OR PERMIT is suspended under 981
division (A)(1) OR (2) of this section shall mail or deliver his 983
23
THE PERSON'S probationary driver's license or, restricted 985
license, OR TEMPORARY INSTRUCTION PERMIT to the registrar within 986
fourteen days of notification of the suspension. The registrar 987
shall retain the license OR PERMIT during the period of the 988
suspension. A suspension pursuant to division (A)(1) of this 989
section shall remain in effect until one year has elapsed since 990
the date of suspension of the probationary driver's license or, 991
restricted license, OR TEMPORARY INSTRUCTION PERMIT and a 992
suspension pursuant to division (A)(2) of this section shall 994
remain in effect until six months have elapsed since the date of 995
the suspension. If the person's probationary driver's license 996
or, restricted license, OR TEMPORARY INSTRUCTION PERMIT is under 997
suspension on the date the court imposes sentence upon the person 999
for a violation described in division (A)(2) of this section, the 1,000
suspension shall take effect on the next day immediately 1,001
following the end of that period of suspension. If the person is 1,002
sixteen years of age or older and pleads guilty to or is 1,003
convicted of a violation described in division (A)(2) of this 1,004
section and he THE PERSON does not have a current, valid 1,006
probationary driver's license or, restricted license, OR 1,007
TEMPORARY INSTRUCTION PERMIT, the registrar shall deny the 1,008
issuance to the person of a probationary driver's license, 1,009
restricted license, driver's license, probationary commercial 1,010
driver's license, or commercial driver's license, OR TEMPORARY 1,011
INSTRUCTION PERMIT, as the case may be, for six months beginning 1,012
on the date the court imposes sentence upon the person for the 1,013
violation. If the person has not attained the age of sixteen 1,014
years on the date the court imposes sentence upon him THE PERSON 1,015
for the violation, the period of denial shall commence on the 1,017
date the person attains the age of sixteen years. 1,018
(B) The registrar also shall suspend the temporary 1,020
instruction permit or probationary driver's license of any person 1,021
under the age of eighteen who has been adjudicated unruly, 1,022
delinquent, or a juvenile traffic offender for having committed 1,023
24
any act that if committed by an adult would be a drug abuse 1,024
offense as defined in section 2925.01 of the Revised Code, or a 1,025
violation of division (B) of section 2917.11 of the Revised Code 1,026
until the person reaches the age of eighteen years or attends, at 1,027
the discretion of the court, and satisfactorily completes a drug 1,028
abuse or alcohol abuse education, intervention, or treatment 1,029
program specified by the court. Any person whose temporary 1,030
instruction permit or probationary driver's license is suspended 1,031
under this division shall mail or deliver his THE PERSON'S permit 1,033
or license to the registrar within fourteen days of notification 1,034
of the suspension. The registrar shall retain the PERMIT OR 1,035
license during the period of the suspension. 1,037
(C) If a person is convicted of, pleads guilty to, or is 1,039
adjudicated in juvenile court of having committed a third SECOND 1,040
violation of sections 4511.12, 4511.13, 4511.15, 4511.20 to 1,041
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or 1,042
4511.75 of the Revised Code or any similar municipal ordinances 1,043
within a two-year period, and the person, within the preceding 1,044
seven years, has been convicted of, pleaded guilty to, or 1,045
adjudicated in juvenile court of having committed three or more 1,046
violations of division (A) or (B) of section 4511.19 of the 1,047
Revised Code, a municipal ordinance relating to operating a 1,048
vehicle while under the influence of alcohol, a drug of abuse, or 1,049
alcohol and a drug of abuse, a municipal ordinance relating to 1,050
operating a vehicle with a prohibited concentration of alcohol in 1,051
the blood, breath, or urine, section 2903.04 of the Revised Code 1,052
in a case in which the person was subject to the sanctions 1,053
described in division (D) of that section, or section 2903.06, 1,054
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 1,055
that is substantially similar to section 2903.07 of the Revised 1,056
Code in a case in which the jury or judge found that the person 1,057
was under the influence of alcohol, a drug of abuse, or alcohol 1,058
and a drug of abuse, the person is not entitled to request, and 1,059
the court shall not grant to the person, occupational driving 1,060
25
privileges under this division. For any other person who is 1,061
convicted of, pleads guilty to, or is adjudicated in juvenile 1,062
court of having committed a third SECOND violation of sections 1,063
4511.12, 4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 1,065
to 4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or 1,066
any similar municipal ordinances within a two-year period, the 1,067
court in which the third SECOND conviction, finding, plea, or 1,068
adjudication was made, upon petition of the person, may grant the 1,069
person occupational driving privileges if the court finds that 1,070
the person will reach his THE PERSON'S eighteenth birthday before 1,072
the period of suspension required to be imposed under division 1,073
(A)(1) of this section expires and further finds reasonable cause 1,074
to believe that the suspension, if continued beyond the person's 1,075
eighteenth birthday, will seriously affect the person's ability 1,076
to continue in his employment. The occupational driving 1,077
privileges granted under this division shall be effective on the 1,078
person's eighteenth birthday and during the period following such 1,079
birthday for which the suspension would otherwise WOULD be 1,080
imposed. A court shall not grant occupational driving privileges 1,082
to any person who, within seven years of the filing of the 1,083
petition, has been convicted of, pleaded guilty to, or 1,084
adjudicated in juvenile court of having committed three or more 1,085
violations of division (A) or (B) of section 4511.19 of the 1,086
Revised Code, a municipal ordinance relating to operating a 1,087
vehicle while under the influence of alcohol, a drug of abuse, or 1,088
alcohol and a drug of abuse, a municipal ordinance relating to 1,089
operating a vehicle with a prohibited concentration of alcohol in 1,090
the blood, breath, or urine, section 2903.04 of the Revised Code 1,091
in a case in which the person was subject to the sanctions 1,092
described in division (D) of that section, or section 2903.06, 1,093
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 1,094
that is substantially similar to section 2903.07 of the Revised 1,095
Code in a case in which the jury or judge found that the person 1,096
was under the influence of alcohol, a drug of abuse, or alcohol 1,097
26
and a drug of abuse. In granting occupational driving 1,098
privileges, the court shall specify the times and places at which 1,099
the person may drive and may impose any other conditions upon the 1,100
person's use of a motor vehicle that the court considers 1,101
reasonable and necessary.
A court that grants occupational driving privileges to a 1,103
person under this division shall retain the person's probationary 1,104
driver's license or, restricted license, OR TEMPORARY INSTRUCTION 1,106
PERMIT during the period the license OR PERMIT is suspended and 1,107
also during the period for which occupational driving privileges 1,108
are granted, and shall deliver to the person a permit card, in a 1,109
form to be prescribed by the court, setting forth the date on 1,110
which the occupational driving privileges will become effective, 1,111
the times and places at which the person may drive, and any other 1,112
conditions imposed upon the person's use of a motor vehicle. 1,113
The court immediately shall notify the registrar, in 1,115
writing, of a grant of occupational driving privileges. The 1,116
notification shall specify the date on which the occupational 1,117
driving privileges will become effective, the times and places at 1,118
which the person may drive, and any other conditions imposed upon 1,119
the person's use of a motor vehicle. The registrar shall not 1,120
suspend the probationary driver's license or, restricted license, 1,122
OR TEMPORARY INSTRUCTION PERMIT of any person pursuant to 1,123
division (A) of this section during any period for which the 1,124
person has been granted occupational driving privileges as 1,125
provided in this division, if the registrar has received the 1,126
notification described in this division from the court. 1,127
(D) If a person who has been granted occupational driving 1,129
privileges under division (C) of this section is convicted of, 1,130
pleads guilty to, or is adjudicated in juvenile court of having 1,131
committed, a violation of section 4507.02 of the Revised Code, or 1,132
a fourth THIRD or subsequent violation of any of the other 1,133
sections of the Revised Code listed in division (A)(1) of this 1,135
section or any similar municipal ordinance during the period for 1,136
27
which he THE PERSON was granted occupational driving privileges, 1,138
the court that granted the occupational driving privileges shall 1,139
revoke them and cancel the person's permit card. The court or 1,140
the clerk of the court immediately shall forward the person's 1,141
probationary driver's license or, restricted license, OR 1,142
TEMPORARY INSTRUCTION PERMIT together with written notification 1,143
of the court's action to the registrar. Upon receipt of the 1,144
license OR PERMIT and notification, the registrar shall suspend 1,145
the person's probationary driver's license or, restricted 1,147
license, OR TEMPORARY INSTRUCTION PERMIT for a period of one 1,148
year. The registrar shall retain the license OR PERMIT during 1,149
the period of suspension, and no further occupational driving 1,150
privileges shall be granted during that period.
(E) No application for a driver's or commercial driver's 1,152
license shall be received from any person whose probationary 1,153
driver's license or, restricted license, OR TEMPORARY INSTRUCTION 1,155
PERMIT has been suspended under this section until the EACH OF 1,157
THE FOLLOWING HAS OCCURRED:
(a) THE suspension period has expired, a; 1,160
(b) A temporary instruction permit or commercial driver's 1,163
license temporary instruction permit has been issued, and the; 1,164
(c) THE PERSON SUCCESSFULLY COMPLETES A JUVENILE DRIVER 1,166
IMPROVEMENT PROGRAM APPROVED BY THE REGISTRAR UNDER DIVISION (F) 1,168
OF THIS SECTION;
(d) THE applicant has submitted to the examination for a 1,172
driver's license as provided for in section 4507.11 or a 1,173
commercial driver's license as provided in Chapter 4506. of the 1,174
Revised Code.
(F) THE REGISTRAR SHALL ESTABLISH STANDARDS FOR JUVENILE 1,176
DRIVER IMPROVEMENT PROGRAMS AND SHALL APPROVE ANY SUCH PROGRAMS 1,177
THAT MEET THE ESTABLISHED STANDARDS. THE STANDARDS ESTABLISHED 1,178
BY THE REGISTRAR SHALL REQUIRE A MINIMUM OF FIVE HOURS OF 1,179
CLASSROOM INSTRUCTION, WITH AT LEAST THREE HOURS DEVOTED TO 1,180
DRIVER SKILL REQUIREMENTS AND TWO HOURS DEVOTED TO JUVENILE
28
DRIVER INFORMATION RELATED TO THE DRIVING RECORDS OF DRIVERS 1,181
UNDER THE AGE OF EIGHTEEN, DRIVER PERCEPTIONS, AND THE VALUE OF 1,182
THE TRAFFIC LAWS. THE REGISTRAR SHALL PRESCRIBE THE REQUIREMENTS 1,184
FOR THE CURRICULUM TO BE PROVIDED AS WELL AS OTHER PROGRAM 1,185
DIRECTIVES. ONLY THOSE PROGRAMS APPROVED BY THE REGISTRAR SHALL
BE ACCEPTABLE FOR REINSTATEMENT OF THE DRIVING PRIVILEGES OF A 1,186
PERSON WHOSE PROBATIONARY DRIVER'S LICENSE WAS SUSPENDED UNDER 1,187
THIS SECTION.
Sec. 4507.21. (A) Each applicant for a driver's license 1,196
shall file an application in the office of the registrar of motor 1,197
vehicles or of a deputy registrar. Each 1,198
(B)(1) EACH person under eighteen years of age applying 1,201
for a driver's license issued in this state shall present 1,202
satisfactory evidence of having successfully completed any one of 1,203
the following:
(1)(a) A driver education course approved by the state 1,205
department of education. 1,206
(2)(b) A driver training course approved by the director 1,209
of public safety.
(3)(c) A driver training course comparable to a driver 1,211
education or driver training course described in division 1,213
(A)(B)(1)(a) or (2)(b) of this section and administered by a 1,215
branch of the armed forces of the United States and completed by 1,216
the applicant while residing outside this state for the purpose
of being with or near any person serving in the armed forces of 1,217
the United States. 1,218
(2) EACH PERSON UNDER EIGHTEEN YEARS OF AGE APPLYING FOR A 1,220
DRIVER'S LICENSE ALSO SHALL PRESENT, ON A FORM PRESCRIBED BY THE 1,221
REGISTRAR, AN AFFIDAVIT SIGNED BY AN ELIGIBLE ADULT ATTESTING 1,222
THAT THE PERSON HAS ACQUIRED AT LEAST FIFTY HOURS OF ACTUAL 1,223
DRIVING EXPERIENCE, WITH AT LEAST TEN OF THOSE HOURS BEING AT 1,224
NIGHT.
(C) If the registrar or deputy registrar determines that 1,226
the applicant is entitled to the driver's license, it shall be 1,227
29
issued. If the application shows that the applicant's license 1,228
has been previously revoked or suspended, the deputy registrar 1,229
shall forward the application to the registrar, who shall 1,230
determine whether the license shall be granted. 1,231
(D) All applications shall be filed in duplicate, and the 1,233
deputy registrar issuing the license shall immediately forward to 1,234
the office of the registrar the original copy of the application, 1,235
together with the duplicate copy of the certificate, if issued. 1,236
The registrar shall prescribe rules as to the manner in which the 1,237
deputy registrar files and maintains the applications and other 1,238
records. The registrar shall file every application for a 1,239
driver's or commercial driver's license and index them by name 1,240
and number, and shall maintain a suitable record of all licenses 1,241
issued, all convictions and bond forfeitures, all applications 1,242
for licenses denied, and all licenses which have been suspended 1,243
or revoked. 1,244
(B)(E) For purposes of section 2313.06 of the Revised 1,246
Code, the registrar shall maintain accurate and current lists of 1,248
the residents of each county who are eighteen years of age or 1,249
older, have been issued, on and after January 1, 1984, driver's 1,250
or commercial driver's licenses that are valid and current, and 1,251
would be electors if they were registered to vote, regardless of 1,252
whether they actually are registered to vote. The lists shall 1,253
contain the names, addresses, dates of birth, duration of 1,254
residence in this state, citizenship status, and social security 1,255
numbers, if the numbers are available, of the licensees, and may 1,256
contain any other information that the registrar considers 1,257
suitable.
(C)(F) Each person under eighteen years of age applying 1,259
for a motorcycle operator's endorsement or a restricted license 1,260
enabling him THE APPLICANT to operate a motorcycle shall present 1,261
satisfactory evidence of having completed the courses of 1,263
instruction in the motorcycle safety and education program 1,264
described in section 4508.08 of the Revised Code or a comparable 1,265
30
course of instruction administered by a branch of the armed 1,266
forces of the United States and completed by the applicant while 1,267
residing outside this state for the purpose of being with or near 1,268
any person serving in the armed forces of the United States. If
the registrar or deputy registrar then determines that the 1,269
applicant is entitled to the endorsement or restricted license, 1,270
it shall be issued.
(G) NO PERSON SHALL KNOWINGLY MAKE A FALSE STATEMENT IN AN 1,272
AFFIDAVIT PRESENTED IN ACCORDANCE WITH DIVISION (B)(2) OF THIS 1,273
SECTION. 1,274
(H) AS USED IN THIS SECTION, "ELIGIBLE ADULT" MEANS ANY OF 1,276
THE FOLLOWING PERSONS: 1,277
(1) A PARENT, GUARDIAN, OR CUSTODIAN OF THE APPLICANT; 1,279
(2) A PERSON OVER THE AGE OF TWENTY-ONE WHO ACTS IN LOCO 1,281
PARENTIS OF THE APPLICANT AND WHO MAINTAINS PROOF OF FINANCIAL 1,282
RESPONSIBILITY WITH RESPECT TO THE OPERATION OF A MOTOR VEHICLE 1,283
OWNED BY THE APPLICANT OR WITH RESPECT TO THE APPLICANT'S 1,284
OPERATION OF ANY MOTOR VEHICLE.
Sec. 4507.24. (A) Each deputy registrar may collect a fee 1,293
not to exceed the following: 1,294
(1) Three dollars and twenty-five cents for each 1,296
application for ISSUANCE OF A TEMPORARY INSTRUCTION PERMIT OR THE 1,297
renewal of a driver's license received by him THE DEPUTY, when 1,299
the applicant is required to submit to a VISION screening of his 1,300
vision under section 4507.12 of the Revised Code; 1,301
(2) Two dollars and twenty-five cents for each application 1,303
for a driver's license, or motorized bicycle license, or for 1,304
renewal of such a license, received by him THE DEPUTY, when the 1,305
applicant is not required to submit to a VISION screening of his 1,307
vision under section 4507.12 of the Revised Code. 1,309
(B) The fees prescribed by division (A) of this section 1,311
shall be in addition to the fee for a temporary instruction 1,312
permit and examination, a driver's license, a motorized bicycle 1,313
license, or duplicates thereof, and shall compensate the deputy 1,314
31
registrar for his THE DEPUTY'S services, for office and rental 1,315
expense, and for costs as provided in division (C) of this 1,317
section, as are necessary for the proper discharge of his THE 1,318
DEPUTY'S duties under sections 4507.01 to 4507.39 of the Revised 1,320
Code.
(C) Each deputy registrar shall transmit to the registrar 1,322
of motor vehicles, at such time and in such manner as the 1,323
registrar shall require by rule, an amount of each fee collected 1,324
under division (A)(1) of this section as shall be determined by 1,325
the registrar. The registrar shall pay all moneys so received by 1,326
him into the state bureau of motor vehicles fund created in 1,327
section 4501.25 of the Revised Code. 1,329
Sec. 4507.99. (A) Whoever violates division (B)(2) or 1,339
(D)(1) of section 4507.02 of the Revised Code is guilty of 1,340
driving under suspension or revocation or in violation of license 1,341
restrictions, a misdemeanor of the first degree. Whoever 1,342
violates division (C) of section 4507.02 of the Revised Code is 1,343
guilty of driving without paying a license reinstatement fee, a 1,344
misdemeanor of the first degree. Except as otherwise provided in 1,345
division (D) of section 4507.162 of the Revised Code, the court, 1,346
in addition to or independent of all other penalties provided by 1,347
law, may suspend for a period not to exceed one year the driver's 1,348
or commercial driver's license or permit or nonresident operating 1,349
privilege of any person who pleads guilty to or is convicted of a 1,350
violation of division (B)(2), (C), or (D)(1) of section 4507.02 1,351
of the Revised Code. 1,352
(B) Whoever violates division (D)(2) of section 4507.02 of 1,354
the Revised Code is guilty of driving under OMVI suspension or 1,355
revocation and shall be punished as provided in division (B)(1), 1,356
(2), or (3) and divisions (B)(4) to (8) of this section. 1,357
(1) If, within five years of the offense, the offender has 1,359
not been convicted of or pleaded guilty to any violation of 1,360
division (D)(2) of section 4507.02 of the Revised Code or a 1,361
municipal ordinance that is substantially equivalent to that 1,362
32
division, driving under OMVI suspension or revocation is a 1,363
misdemeanor of the first degree, and the court shall sentence the 1,364
offender to a term of imprisonment of not less than three 1,365
consecutive days and may sentence the offender pursuant to 1,366
section 2929.21 of the Revised Code to a longer term of 1,367
imprisonment. As an alternative to the term of imprisonment 1,368
required to be imposed by this division, but subject to division 1,369
(B)(6) of this section, the court may sentence the offender to a 1,370
term of not less than thirty consecutive days of electronically 1,371
monitored house arrest as defined in division (A)(4) of section 1,372
2929.23 of the Revised Code. The period of electronically 1,373
monitored house arrest shall not exceed six months. In addition, 1,374
the court shall impose upon the offender a fine of not less than 1,375
two hundred fifty and not more than one thousand dollars. 1,376
Regardless of whether the vehicle the offender was 1,378
operating at the time of the offense is registered in his name or 1,379
in the name of another person, the court, in addition to or 1,380
independent of any other sentence that it imposes upon the 1,381
offender and subject to section 4503.235 of the Revised Code, 1,382
shall order the immobilization for thirty days of the vehicle the 1,383
offender was operating at the time of the offense and the 1,384
impoundment for thirty days of the identification license plates 1,385
of that vehicle. The order for immobilization and impoundment 1,386
shall be issued and enforced in accordance with section 4503.233 1,387
of the Revised Code. 1,388
(2) If, within five years of the offense, the offender has 1,390
been convicted of or pleaded guilty to one violation of division 1,391
(D)(2) of section 4507.02 of the Revised Code or a municipal 1,392
ordinance that is substantially equivalent to that division, 1,393
driving under OMVI suspension or revocation is a misdemeanor, and 1,394
the court shall sentence the offender to a term of imprisonment 1,395
of not less than ten consecutive days and may sentence the 1,396
offender to a longer definite term of imprisonment of not more 1,397
than one year. As an alternative to the term of imprisonment 1,398
33
required to be imposed by this division, but subject to division 1,399
(B)(6) of this section, the court may sentence the offender to a 1,400
term of not less than ninety consecutive days of electronically 1,401
monitored house arrest as defined in division (A)(4) of section 1,402
2929.23 of the Revised Code. The period of electronically 1,403
monitored house arrest shall not exceed one year. In addition, 1,404
the court shall impose upon the offender a fine of not less than 1,405
five hundred and not more than two thousand five hundred dollars. 1,406
Regardless of whether the vehicle the offender was 1,408
operating at the time of the offense is registered in his name or 1,409
in the name of another person, the court, in addition to or 1,410
independent of any other sentence that it imposes upon the 1,411
offender and subject to section 4503.235 of the Revised Code, 1,412
shall order the immobilization for sixty days of the vehicle the 1,413
offender was operating at the time of the offense and the 1,414
impoundment for sixty days of the identification license plates 1,415
of that vehicle. The order for immobilization and impoundment 1,416
shall be issued and enforced in accordance with section 4503.233 1,417
of the Revised Code. 1,418
(3) If, within five years of the offense, the offender has 1,420
been convicted of or pleaded guilty to two or more violations of 1,421
division (D)(2) of section 4507.02 of the Revised Code or a 1,422
municipal ordinance that is substantially equivalent to that 1,423
division, driving under OMVI suspension or revocation is guilty 1,424
of a misdemeanor. The court shall sentence the offender to a 1,425
term of imprisonment of not less than thirty consecutive days and 1,426
may sentence the offender to a longer definite term of 1,427
imprisonment of not more than one year. The court shall not 1,428
sentence the offender to a term of electronically monitored house 1,429
arrest as defined in division (A)(4) of section 2929.23 of the 1,430
Revised Code. In addition, the court shall impose upon the 1,431
offender a fine of not less than five hundred and not more than 1,432
two thousand five hundred dollars. 1,433
Regardless of whether the vehicle the offender was 1,435
34
operating at the time of the offense is registered in his name or 1,436
in the name of another person, the court, in addition to or 1,437
independent of any other sentence that it imposes upon the 1,438
offender and subject to section 4503.235 of the Revised Code, 1,439
shall order the criminal forfeiture to the state of the vehicle 1,440
the offender was operating at the time of the offense. The order 1,441
of criminal forfeiture shall be issued and enforced in accordance 1,442
with section 4503.234 of the Revised Code. 1,443
If title to a motor vehicle that is subject to an order for 1,445
criminal forfeiture under this section is assigned or transferred 1,446
and division (C)(2) or (3) of section 4503.234 of the Revised 1,448
Code applies, in addition to or independent of any other penalty 1,449
established by law, the court may fine the offender the value of 1,450
the vehicle as determined by publications of the national auto 1,451
dealer's association. The proceeds from any fine imposed under 1,452
this division shall be distributed in accordance with division 1,453
(D)(4) of section 4503.234 of the Revised Code. 1,455
(4) In addition to or independent of all other penalties 1,457
provided by law or ordinance, the trial judge of any court of 1,458
record or the mayor of a mayor's court shall suspend for a period 1,459
not to exceed one year the driver's or commercial driver's 1,460
license or permit or nonresident operating privilege of an 1,461
offender who is sentenced under division (B)(1), (2), or (3) of 1,462
this section. 1,463
(5) Fifty per cent of any fine imposed by a court under 1,465
division (B)(1), (2), or (3) of this section shall be deposited 1,466
into the county indigent driver's alcohol treatment fund or 1,467
municipal indigent drivers alcohol treatment fund under the 1,468
control of that court, as created by the county or municipal 1,469
corporation pursuant to division (N) of section 4511.191 of the 1,470
Revised Code.
(6) No court shall impose the alternative sentence of not 1,472
less than thirty consecutive days of electronically monitored 1,473
house arrest permitted to be imposed by division (B)(1) of this 1,474
35
section or the alternative sentence of a term of not less than 1,475
ninety consecutive days of electronically monitored house arrest 1,476
permitted to be imposed by division (B)(2) of this section, 1,477
unless within sixty days of the date of sentencing, the court 1,478
issues a written finding, entered into the record, that, due to 1,479
the unavailability of space at the incarceration facility where 1,480
the offender is required to serve the term of imprisonment 1,481
imposed upon him, the offender will not be able to begin serving 1,482
his term of imprisonment within the sixty-day period following 1,483
the date of sentencing. If the court issues such a finding, the 1,484
court may impose the alternative sentence comprised of or 1,485
including electronically monitored house arrest permitted to be 1,486
imposed by division (B)(1) or (2) of this section. 1,487
(7) An offender sentenced under this section to a period 1,489
of electronically monitored house arrest shall be permitted work 1,490
release during such period. The duration of the work release 1,491
shall not exceed the time necessary each day for the offender to 1,492
commute to and from the place of employment and his home or other 1,493
place specified by the sentencing court and the time actually 1,494
spent under employment. 1,495
(8) Suspension of a commercial driver's license under this 1,497
section shall be concurrent with any period of disqualification 1,498
under section 4506.16 of the Revised Code. No person who is 1,499
disqualified for life from holding a commercial driver's license 1,500
under section 4506.16 of the Revised Code shall be issued a 1,501
driver's license under this chapter during the period for which 1,502
the commercial driver's license was suspended under this section, 1,503
and no person whose commercial driver's license is suspended 1,504
under this section shall be issued a driver's license under this 1,505
chapter during the period of the suspension. 1,506
(C) Whoever violates division (B)(1) of section 4507.02 of 1,508
the Revised Code is guilty of driving under financial 1,509
responsibility law suspension or revocation and shall be punished 1,510
as provided in division (C)(1), (2), or (3) and division (C)(4) 1,511
36
of this section. 1,512
(1) If, within five years of the offense, the offender has 1,514
not been convicted of or pleaded guilty to a violation of 1,515
division (B)(1) of section 4507.02 of the Revised Code or a 1,516
municipal ordinance that is substantially equivalent to that 1,517
division, driving under financial responsibility law suspension 1,518
or revocation is a misdemeanor of the first degree. 1,519
Regardless of whether the vehicle the offender was 1,521
operating at the time of the offense is registered in his name or 1,522
in the name of another person, the court, in addition to or 1,523
independent of any other sentence that it imposes upon the 1,524
offender and subject to section 4503.235 of the Revised Code, 1,525
shall order the immobilization for thirty days of the vehicle the 1,526
offender was operating at the time of the offense and the 1,527
impoundment for thirty days of the identification license plates 1,528
of that vehicle. The order for immobilization and impoundment 1,529
shall be issued and enforced in accordance with section 4503.233 1,530
of the Revised Code. 1,531
(2) If, within five years of the offense, the offender has 1,533
been convicted of or pleaded guilty to one violation of division 1,534
(B)(1) of section 4507.02 of the Revised Code or a municipal 1,535
ordinance that is substantially equivalent to that division, 1,536
driving under financial responsibility law suspension or 1,537
revocation is a misdemeanor of the first degree. 1,538
Regardless of whether the vehicle the offender was 1,540
operating at the time of the offense is registered in his name or 1,541
in the name of another person, the court, in addition to or 1,542
independent of any other sentence that it imposes upon the 1,543
offender and subject to section 4503.235 of the Revised Code, 1,544
shall order the immobilization for sixty days of the vehicle the 1,545
offender was operating at the time of the offense and the 1,546
impoundment for sixty days of the identification license plates 1,547
of that vehicle. The order for immobilization and impoundment 1,548
shall be issued and enforced in accordance with section 4503.233 1,549
37
of the Revised Code. 1,550
(3) If, within five years of the offense, the offender has 1,552
been convicted of or pleaded guilty to two or more violations of 1,553
division (B)(1) of section 4507.02 of the Revised Code or a 1,554
municipal ordinance that is substantially equivalent to that 1,555
division, driving under financial responsibility law suspension 1,556
or revocation is a misdemeanor of the first degree. 1,557
Regardless of whether the vehicle the offender was 1,559
operating at the time of the offense is registered in his name or 1,560
in the name of another person, the court, in addition to or 1,561
independent of any other sentence that it imposes upon the 1,562
offender and subject to section 4503.235 of the Revised Code, 1,563
shall order the criminal forfeiture to the state of the vehicle 1,564
the offender was operating at the time of the offense. The order 1,565
of criminal forfeiture shall be issued and enforced in accordance 1,566
with section 4503.234 of the Revised Code. 1,567
If title to a motor vehicle that is subject to an order for 1,569
criminal forfeiture under this section is assigned or transferred 1,570
and division (C)(2) or (3) of section 4503.234 of the Revised 1,572
Code applies, in addition to or independent of any other penalty 1,573
established by law, the court may fine the offender the value of 1,574
the vehicle as determined by publications of the national auto 1,575
dealer's association. The proceeds from any fine imposed under 1,576
this division shall be distributed in accordance with division 1,577
(D)(4) of section 4503.234 of the Revised Code. 1,579
(4) Except as otherwise provided in division (D) of 1,581
section 4507.162 of the Revised Code, the court, in addition to 1,582
or independent of all other penalties provided by law, may 1,583
suspend for a period not to exceed one year the driver's or 1,584
commercial driver's license or permit or nonresident operating 1,585
privilege of an offender who is sentenced under division (C)(1), 1,586
(2), or (3) of this section. 1,587
(5) The court shall not release a vehicle from the 1,589
immobilization ordered under division (C)(1) or (2) of this 1,590
38
section unless the court is presented with current proof of 1,591
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section 1,593
4507.02 of the Revised Code by operating a motor vehicle when his 1,594
driver's or commercial driver's license has been expired for no 1,595
more than six months is guilty of a minor misdemeanor. Whoever 1,596
violates division (B) of section 4507.13 or division (C) of 1,597
section 4507.52 of the Revised Code is guilty of a minor 1,598
misdemeanor. 1,599
(E) Whoever violates section 4507.33 of the Revised Code 1,601
is guilty of permitting the operation of a vehicle by a person 1,602
with no legal right to operate a vehicle and shall be punished as 1,603
provided in division (E)(1) or (2) of this section. 1,604
(1) If the offender previously has not been convicted of 1,606
or pleaded guilty to a violation of section 4507.33 of the 1,607
Revised Code, permitting the operation of a vehicle by a person 1,608
with no legal right to operate a vehicle is a misdemeanor of the 1,609
first degree. In addition to or independent of any other 1,610
sentence that it imposes upon the offender and subject to section 1,611
4503.235 of the Revised Code, the court shall order the 1,612
immobilization for thirty days of the vehicle involved in the 1,613
offense and the impoundment for thirty days of the identification 1,614
license plates of that vehicle. The order for immobilization and 1,615
impoundment shall be issued and enforced in accordance with 1,616
section 4503.233 of the Revised Code. 1,617
(2) If the offender previously has been convicted of or 1,619
pleaded guilty to one or more violations of section 4507.33 of 1,620
the Revised Code, permitting the operation of a vehicle by a 1,621
person with no legal right to operate a vehicle is a misdemeanor 1,622
of the first degree. In addition to or independent of any other 1,623
sentence that it imposes upon the offender and subject to section 1,624
4503.235 of the Revised Code, the court shall order the criminal 1,625
forfeiture to the state of the vehicle involved in the offense. 1,626
The order of criminal forfeiture shall be issued and enforced in 1,627
39
accordance with section 4503.234 of the Revised Code. 1,628
If title to a motor vehicle that is subject to an order for 1,630
criminal forfeiture under this section is assigned or transferred 1,631
and division (C)(2) or (3) of section 4503.234 of the Revised 1,633
Code applies, in addition to or independent of any other penalty 1,634
established by law, the court may fine the offender the value of 1,635
the vehicle as determined by publications of the national auto 1,636
dealer's association. The proceeds from any fine imposed under 1,637
this division shall be distributed in accordance with division 1,638
(D)(4) of section 4503.234 of the Revised Code. 1,640
(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05 OR 1,643
DIVISION (B) OR (C) OF SECTION 4507.071 OF THE REVISED CODE IS 1,647
GUILTY OF A MINOR MISDEMEANOR.
(G) WHOEVER VIOLATES DIVISION (G) OF SECTION 4507.21 OF 1,650
THE REVISED CODE SHALL BE FINED ONE HUNDRED DOLLARS.
(H) Except as provided in divisions (A) to (E) of this 1,652
section and unless another penalty is provided by the laws of 1,653
this state, whoever violates any provision of sections 4507.01 to 1,654
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a 1,655
misdemeanor of the first degree. 1,656
(G)(I) Whenever a person is found guilty of a violation of 1,658
section 4507.32 of the Revised Code, the trial judge of any court 1,659
of record, in addition to or independent of all other penalties 1,660
provided by law or ordinance, may suspend for any period of time 1,661
not exceeding three years or revoke the license of any person, 1,662
partnership, association, or corporation, issued under section 1,663
4511.763 of the Revised Code. 1,664
(H)(J) Whenever a person is found guilty of a violation of 1,666
a traffic offense specified in Traffic Rule 13(B) that requires 1,667
the person's appearance in court, the court shall, in addition to 1,668
and independent of all other penalties required by law or 1,669
ordinance, require the person to verify the existence at the time 1,670
of the offense of proof of financial responsibility covering the 1,671
person's operation of the motor vehicle, or the motor vehicle if 1,672
40
registered in the person's name, and impose the civil penalties 1,673
specified in division (A) of section 4509.101 of the Revised Code 1,674
if the person fails to verify the existence of such proof of 1,675
financial responsibility. 1,676
(I)(K) This is an interim section effective until May 15, 1,678
1997. 1,679
Sec. 4508.02. (A) The director of public safety, subject 1,688
to Chapter 119. of the Revised Code, shall adopt and prescribe 1,689
such rules concerning the administration and enforcement of 1,690
sections 4508.01 to 4508.08 of the Revised Code as are necessary 1,691
to protect the public. The director shall inspect the school 1,692
facilities and equipment of applicants and licensees and examine
applicants for instructor's licenses. 1,693
(B) The director shall administer and enforce sections 1,695
4508.01 to 4508.08 of the Revised Code, and may call upon the 1,696
state superintendent of public instruction for assistance in 1,697
developing and formulating the rules. THE RULES SHALL REQUIRE A 1,698
MINIMUM OF SIXTEEN HOURS OF CLASSROOM INSTRUCTION, AND TEN HOURS 1,699
OF ACTUAL BEHIND-THE-WHEEL INSTRUCTION CONDUCTED ON PUBLIC 1,700
STREETS AND HIGHWAYS OF THIS STATE.
Section 2. That existing sections 3301.07, 4507.05, 1,702
4507.07, 4507.08, 4507.081, 4507.10, 4507.11, 4507.12, 4507.13, 1,703
4507.162, 4507.21, 4507.24, 4507.99, and 4508.02 of the Revised 1,704
Code are hereby repealed. 1,705
Section 3. That section 4507.08 of the Revised Code, as 1,708
amended by Sub. H.B. 167 of the 121st General Assembly, be
amended to read as follows: 1,709
Sec. 4507.08. No driver's license shall be issued to any 1,718
person under eighteen years of age, except that a probationary 1,719
license may be issued to a person over sixteen years of age and a 1,720
restricted license may be issued to a person who is fourteen or 1,721
fifteen years of age upon proof of hardship satisfactory to the 1,722
registrar of motor vehicles. (A) No probationary license shall 1,723
be issued to any person under the age of eighteen who has been 1,725
41
adjudicated an unruly or delinquent child or a juvenile traffic 1,726
offender for having committed any act that if committed by an 1,727
adult would be a drug abuse offense, as defined in section 1,728
2925.01 of the Revised Code, a violation of division (B) of 1,729
section 2917.11, or a violation of division (A) of section 1,730
4511.19 of the Revised Code, unless the person has been required 1,731
by the court to attend a drug abuse or alcohol abuse education, 1,732
intervention, or treatment program specified by the court and has 1,733
satisfactorily completed the program. 1,734
(B) No temporary instruction permit or driver's license 1,736
shall be issued to any person whose license has been suspended, 1,737
during the period for which the license was suspended, nor to any 1,738
person whose license has been revoked, under sections 4507.01 to 1,739
4507.39 of the Revised Code, until the expiration of one year 1,740
after the license was revoked. 1,741
(C) No temporary instruction permit or driver's license 1,743
shall be issued to any person whose commercial driver's license 1,744
is suspended under section 1905.201, 2301.374, 4507.16, 4507.34, 1,745
4507.99, 4511.191, or 4511.196 of the Revised Code or under any 1,746
other provision of the Revised Code during the period of the 1,747
suspension. 1,748
(D) No temporary instruction permit or driver's license 1,750
shall be issued to, or retained by ANY OF THE FOLLOWING PERSONS: 1,751
(A)(1) Any person who is an alcoholic, or is addicted to 1,753
the use of controlled substances to the extent that the use 1,754
constitutes an impairment to the person's ability to operate a 1,755
motor vehicle with the required degree of safety; 1,756
(B)(2) Any person who is under the age of eighteen and has 1,758
been adjudicated an unruly or delinquent child or a juvenile 1,759
traffic offender for having committed any act that if committed 1,760
by an adult would be a drug abuse offense, as defined in section 1,761
2925.01 of the Revised Code, a violation of division (B) of 1,762
section 2917.11, or a violation of division (A) of section 1,763
4511.19 of the Revised Code, unless the person has been required 1,764
42
by the court to attend a drug abuse or alcohol abuse education, 1,765
intervention, or treatment program specified by the court and has 1,766
satisfactorily completed the program; 1,767
(C)(3) Any person who, in the opinion of the registrar, is 1,769
afflicted with or suffering from a physical or mental disability 1,770
or disease that prevents the person from exercising reasonable 1,771
and ordinary control over a motor vehicle while operating the 1,772
vehicle upon the highways, except that a restricted license 1,773
effective for six months may be issued to any person otherwise 1,774
qualified who is or has been subject to any condition resulting 1,775
in episodic impairment of consciousness or loss of muscular 1,776
control and whose condition, in the opinion of the registrar, is 1,777
dormant or is sufficiently under medical control that the person 1,778
is capable of exercising reasonable and ordinary control over a 1,779
motor vehicle. A restricted license effective for six months 1,780
shall be issued to any person who is otherwise qualified who is 1,781
subject to any condition which causes episodic impairment of 1,782
consciousness or a loss of muscular control if the person 1,783
presents a statement from a licensed physician that the person's 1,784
condition is under effective medical control and the period of 1,785
time for which the control has been continuously maintained, 1,786
unless, thereafter, a medical examination is ordered and, 1,787
pursuant thereto, cause for denial is found. 1,788
A person to whom a six-month restricted license has been 1,790
issued shall give notice of the person's medical condition to the 1,791
registrar on forms provided by the registrar and signed by the 1,792
licensee's physician. The notice shall be sent to the registrar 1,793
six months after the issuance of the license. Subsequent 1,794
restricted licenses issued to the same individual shall be 1,795
effective for six months. 1,796
(D)(4) Any person who is unable to understand highway 1,798
warnings or traffic signs or directions given in the English 1,799
language; 1,800
(E)(5) Any person making an application whose driver's 1,802
43
license or driving privileges are under revocation or suspension 1,803
in the jurisdiction where issued or any other jurisdiction, until 1,804
the expiration of one year after the license was revoked or until 1,805
the period of suspension ends. Any person whose application is 1,806
denied under this division may file a petition in the municipal 1,807
court or county court in whose jurisdiction the person resides 1,808
agreeing to pay the cost of the proceedings and alleging that the 1,809
conduct involved in the offense that resulted in suspension or 1,810
revocation in the foreign jurisdiction would not have resulted in 1,811
a suspension or revocation had the offense occurred in this 1,812
state. If the petition is granted, petitioner shall notify the 1,813
registrar of motor vehicles by a certified copy of the court's 1,814
findings and a license shall not be denied under this division; 1,815
(F)(6) Any person whose driver's or commercial driver's 1,817
license or permit has been permanently revoked pursuant to 1,818
division (C) of section 4507.16 of the Revised Code. 1,819
Section 4. That all existing versions of section 4507.08 1,821
of the Revised Code are hereby repealed. 1,822
Section 5. That section 4507.99 of the Revised Code, as 1,824
amended by Am. Sub. H.B. 676 of the 121st General Assembly, be 1,825
amended to read as follows: 1,826
"Sec. 4507.99. (A) Whoever violates division (B)(2) or 1,836
(D)(1) of section 4507.02 of the Revised Code is guilty of 1,837
driving under suspension or revocation or in violation of license 1,838
restrictions, a misdemeanor of the first degree. Whoever 1,839
violates division (C) of section 4507.02 of the Revised Code is 1,840
guilty of driving without paying a license reinstatement fee, a 1,841
misdemeanor of the first degree. Except as otherwise provided in 1,842
division (D) of section 4507.162 of the Revised Code, the court, 1,843
in addition to or independent of all other penalties provided by 1,844
law, may suspend for a period not to exceed one year the driver's 1,845
or commercial driver's license or permit or nonresident operating 1,846
privilege of any person who pleads guilty to or is convicted of a 1,847
violation of division (B)(2), (C), or (D)(1) of section 4507.02 1,848
44
of the Revised Code. 1,849
(B) Whoever violates division (D)(2) of section 4507.02 of 1,851
the Revised Code is guilty of driving under OMVI suspension or 1,852
revocation and shall be punished as provided in division (B)(1), 1,853
(2), or (3) and divisions (B)(4) to (8) of this section. 1,854
(1) Except as otherwise provided in division (B)(2) or (3) 1,856
of this section, driving under OMVI suspension or revocation is a 1,857
misdemeanor of the first degree, and the court shall sentence the 1,858
offender to a term of imprisonment of not less than three 1,859
consecutive days and may sentence the offender pursuant to 1,860
section 2929.21 of the Revised Code to a longer term of 1,861
imprisonment. As an alternative to the term of imprisonment 1,862
required to be imposed by this division, but subject to division 1,863
(B)(6) of this section, the court may sentence the offender to a 1,864
term of not less than thirty consecutive days of electronically 1,865
monitored house arrest as defined in division (A)(4) of section 1,866
2929.23 of the Revised Code. The period of electronically 1,867
monitored house arrest shall not exceed six months. In addition, 1,868
the court shall impose upon the offender a fine of not less than 1,869
two hundred fifty and not more than one thousand dollars. 1,870
Regardless of whether the vehicle the offender was 1,872
operating at the time of the offense is registered in the 1,873
offender's name or in the name of another person, the court, in 1,874
addition to or independent of any other sentence that it imposes 1,875
upon the offender and subject to section 4503.235 of the Revised 1,876
Code, shall order the immobilization for thirty days of the 1,877
vehicle the offender was operating at the time of the offense and 1,878
the impoundment for thirty days of the identification license 1,879
plates of that vehicle. The order for immobilization and 1,880
impoundment shall be issued and enforced in accordance with 1,881
section 4503.233 of the Revised Code. 1,882
(2) If, within five years of the offense, the offender has 1,884
been convicted of or pleaded guilty to one violation of division 1,885
(D)(2) of section 4507.02 of the Revised Code or a municipal 1,886
45
ordinance that is substantially equivalent to that division, 1,887
driving under OMVI suspension or revocation is a misdemeanor, and 1,888
the court shall sentence the offender to a term of imprisonment 1,889
of not less than ten consecutive days and may sentence the 1,890
offender to a longer definite term of imprisonment of not more 1,891
than one year. As an alternative to the term of imprisonment 1,892
required to be imposed by this division, but subject to division 1,893
(B)(6) of this section, the court may sentence the offender to a 1,894
term of not less than ninety consecutive days of electronically 1,895
monitored house arrest as defined in division (A)(4) of section 1,896
2929.23 of the Revised Code. The period of electronically 1,897
monitored house arrest shall not exceed one year. In addition, 1,898
the court shall impose upon the offender a fine of not less than 1,899
five hundred and not more than two thousand five hundred dollars. 1,900
Regardless of whether the vehicle the offender was 1,902
operating at the time of the offense is registered in the 1,903
offender's name or in the name of another person, the court, in 1,904
addition to or independent of any other sentence that it imposes 1,905
upon the offender and subject to section 4503.235 of the Revised 1,906
Code, shall order the immobilization for sixty days of the 1,907
vehicle the offender was operating at the time of the offense and 1,908
the impoundment for sixty days of the identification license 1,909
plates of that vehicle. The order for immobilization and 1,910
impoundment shall be issued and enforced in accordance with 1,911
section 4503.233 of the Revised Code. 1,912
(3) If, within five years of the offense, the offender has 1,914
been convicted of or pleaded guilty to two or more violations of 1,915
division (D)(2) of section 4507.02 of the Revised Code or a 1,916
municipal ordinance that is substantially equivalent to that 1,917
division, driving under OMVI suspension or revocation is guilty 1,918
of a misdemeanor. The court shall sentence the offender to a 1,919
term of imprisonment of not less than thirty consecutive days and 1,920
may sentence the offender to a longer definite term of 1,921
imprisonment of not more than one year. The court shall not 1,922
46
sentence the offender to a term of electronically monitored house 1,923
arrest as defined in division (A)(4) of section 2929.23 of the 1,924
Revised Code. In addition, the court shall impose upon the 1,925
offender a fine of not less than five hundred and not more than 1,926
two thousand five hundred dollars. 1,927
Regardless of whether the vehicle the offender was 1,929
operating at the time of the offense is registered in the 1,930
offender's name or in the name of another person, the court, in 1,931
addition to or independent of any other sentence that it imposes 1,932
upon the offender and subject to section 4503.235 of the Revised 1,933
Code, shall order the criminal forfeiture to the state of the 1,934
vehicle the offender was operating at the time of the offense. 1,935
The order of criminal forfeiture shall be issued and enforced in 1,936
accordance with section 4503.234 of the Revised Code. 1,937
If title to a motor vehicle that is subject to an order for 1,939
criminal forfeiture under this section is assigned or transferred 1,940
and division (C)(2) or (3) of section 4503.234 of the Revised 1,942
Code applies, in addition to or independent of any other penalty 1,943
established by law, the court may fine the offender the value of 1,944
the vehicle as determined by publications of the national auto 1,945
dealer's association. The proceeds from any fine imposed under 1,946
this division shall be distributed in accordance with division 1,947
(D)(4) of section 4503.234 of the Revised Code. 1,949
(4) In addition to or independent of all other penalties 1,951
provided by law or ordinance, the trial judge of any court of 1,952
record or the mayor of a mayor's court shall suspend for a period 1,953
not to exceed one year the driver's or commercial driver's 1,954
license or permit or nonresident operating privilege of an 1,955
offender who is sentenced under division (B)(1), (2), or (3) of 1,956
this section. 1,957
(5) Fifty per cent of any fine imposed by a court under 1,959
division (B)(1), (2), or (3) of this section shall be deposited 1,960
into the county indigent driver's alcohol treatment fund or 1,961
municipal indigent drivers alcohol treatment fund under the 1,962
47
control of that court, as created by the county or municipal 1,963
corporation pursuant to division (N) of section 4511.191 of the 1,964
Revised Code.
(6) No court shall impose the alternative sentence of not 1,966
less than thirty consecutive days of electronically monitored 1,967
house arrest permitted to be imposed by division (B)(1) of this 1,968
section or the alternative sentence of a term of not less than 1,969
ninety consecutive days of electronically monitored house arrest 1,970
permitted to be imposed by division (B)(2) of this section, 1,971
unless within sixty days of the date of sentencing, the court 1,972
issues a written finding, entered into the record, that, due to 1,973
the unavailability of space at the incarceration facility where 1,974
the offender is required to serve the term of imprisonment 1,975
imposed upon the offender, the offender will not be able to begin 1,976
serving that term of imprisonment within the sixty-day period 1,978
following the date of sentencing. If the court issues such a 1,979
finding, the court may impose the alternative sentence comprised 1,980
of or including electronically monitored house arrest permitted 1,981
to be imposed by division (B)(1) or (2) of this section. 1,982
(7) An offender sentenced under this section to a period 1,984
of electronically monitored house arrest shall be permitted work 1,985
release during such period. The duration of the work release 1,986
shall not exceed the time necessary each day for the offender to 1,987
commute to and from the place of employment and the offender's 1,988
home or other place specified by the sentencing court and the 1,989
time actually spent under employment. 1,990
(8) Suspension of a commercial driver's license under this 1,992
section shall be concurrent with any period of disqualification 1,993
under section 2301.374 or 4506.16 of the Revised Code. No person 1,994
who is disqualified for life from holding a commercial driver's 1,995
license under section 4506.16 of the Revised Code shall be issued 1,996
a driver's license under this chapter during the period for which 1,997
the commercial driver's license was suspended under this section, 1,998
and no person whose commercial driver's license is suspended 1,999
48
under this section shall be issued a driver's license under this 2,000
chapter during the period of the suspension. 2,001
(C) Whoever violates division (B)(1) of section 4507.02 of 2,003
the Revised Code is guilty of driving under financial 2,004
responsibility law suspension or revocation and shall be punished 2,005
as provided in division (C)(1), (2), or (3) and division (C)(4) 2,006
of this section. 2,007
(1) Except as otherwise provided in division (C)(2) or (3) 2,009
of this section, driving under financial responsibility law 2,010
suspension or revocation is a misdemeanor of the first degree. 2,011
Regardless of whether the vehicle the offender was 2,013
operating at the time of the offense is registered in the 2,014
offender's name or in the name of another person, the court, in 2,015
addition to or independent of any other sentence that it imposes 2,016
upon the offender and subject to section 4503.235 of the Revised 2,017
Code, shall order the immobilization for thirty days of the 2,018
vehicle the offender was operating at the time of the offense and 2,019
the impoundment for thirty days of the identification license 2,020
plates of that vehicle. The order for immobilization and 2,021
impoundment shall be issued and enforced in accordance with 2,022
section 4503.233 of the Revised Code. 2,023
(2) If, within five years of the offense, the offender has 2,025
been convicted of or pleaded guilty to one violation of division 2,026
(B)(1) of section 4507.02 of the Revised Code or a municipal 2,027
ordinance that is substantially equivalent to that division, 2,028
driving under financial responsibility law suspension or 2,029
revocation is a misdemeanor of the first degree. 2,030
Regardless of whether the vehicle the offender was 2,032
operating at the time of the offense is registered in the 2,033
offender's name or in the name of another person, the court, in 2,034
addition to or independent of any other sentence that it imposes 2,035
upon the offender and subject to section 4503.235 of the Revised 2,036
Code, shall order the immobilization for sixty days of the 2,037
vehicle the offender was operating at the time of the offense and 2,038
49
the impoundment for sixty days of the identification license 2,039
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
(3) If, within five years of the offense, the offender has 2,044
been convicted of or pleaded guilty to two or more violations of 2,045
division (B)(1) of section 4507.02 of the Revised Code or a 2,046
municipal ordinance that is substantially equivalent to that 2,047
division, driving under financial responsibility law suspension 2,048
or revocation is a misdemeanor of the first degree. 2,049
Regardless of whether the vehicle the offender was 2,051
operating at the time of the offense is registered in the 2,052
offender's name or in the name of another person, the court, in 2,053
addition to or independent of any other sentence that it imposes 2,054
upon the offender and subject to section 4503.235 of the Revised 2,055
Code, shall order the criminal forfeiture to the state of the 2,056
vehicle the offender was operating at the time of the offense. 2,057
The order of criminal forfeiture shall be issued and enforced in 2,058
accordance with section 4503.234 of the Revised Code. 2,059
If title to a motor vehicle that is subject to an order for 2,061
criminal forfeiture under this section is assigned or transferred 2,062
and division (C)(2) or (3) of section 4503.234 of the Revised 2,064
Code applies, in addition to or independent of any other penalty 2,065
established by law, the court may fine the offender the value of 2,066
the vehicle as determined by publications of the national auto 2,067
dealer's association. The proceeds from any fine imposed under 2,068
this division shall be distributed in accordance with division 2,069
(D)(4) of section 4503.234 of the Revised Code. 2,071
(4) Except as otherwise provided in division (D) of 2,073
section 4507.162 of the Revised Code, the court, in addition to 2,074
or independent of all other penalties provided by law, may 2,075
suspend for a period not to exceed one year the driver's or 2,076
commercial driver's license or permit or nonresident operating 2,077
privilege of an offender who is sentenced under division (C)(1), 2,078
50
(2), or (3) of this section. 2,079
(5) The court shall not release a vehicle from the 2,081
immobilization ordered under division (C)(1) or (2) of this 2,082
section unless the court is presented with current proof of 2,084
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section 2,086
4507.02 of the Revised Code by operating a motor vehicle when the 2,088
offender's driver's or commercial driver's license has been 2,089
expired for no more than six months is guilty of a minor 2,090
misdemeanor. Whoever violates division (B) of section 4507.13 or 2,091
division (C) of section 4507.52 of the Revised Code is guilty of 2,092
a minor misdemeanor. 2,093
(E) Whoever violates section 4507.33 of the Revised Code 2,095
is guilty of permitting the operation of a vehicle by a person 2,096
with no legal right to operate a vehicle and shall be punished as 2,097
provided in division (E)(1) or (2) of this section. 2,098
(1) Except as otherwise provided in division (E)(2) of 2,100
this section, permitting the operation of a vehicle by a person 2,101
with no legal right to operate a vehicle is a misdemeanor of the 2,102
first degree. In addition to or independent of any other 2,103
sentence that it imposes upon the offender and subject to section 2,104
4503.235 of the Revised Code, the court shall order the 2,105
immobilization for thirty days of the vehicle involved in the 2,106
offense and the impoundment for thirty days of the identification 2,107
license plates of that vehicle. The order for immobilization and 2,108
impoundment shall be issued and enforced in accordance with 2,109
section 4503.233 of the Revised Code. 2,110
(2) If the offender previously has been convicted of or 2,112
pleaded guilty to one or more violations of section 4507.33 of 2,113
the Revised Code, permitting the operation of a vehicle by a 2,114
person with no legal right to operate a vehicle is a misdemeanor 2,115
of the first degree. In addition to or independent of any other 2,116
sentence that it imposes upon the offender and subject to section 2,117
4503.235 of the Revised Code, the court shall order the criminal 2,118
51
forfeiture to the state of the vehicle involved in the offense. 2,119
The order of criminal forfeiture shall be issued and enforced in 2,120
accordance with section 4503.234 of the Revised Code. 2,121
If title to a motor vehicle that is subject to an order for 2,123
criminal forfeiture under this section is assigned or transferred 2,124
and division (C)(2) or (3) of section 4503.234 of the Revised 2,126
Code applies, in addition to or independent of any other penalty 2,127
established by law, the court may fine the offender the value of 2,128
the vehicle as determined by publications of the national auto 2,129
dealer's association. The proceeds from any fine imposed under 2,130
this division shall be distributed in accordance with division 2,131
(D)(4) of section 4503.234 of the Revised Code. 2,133
(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05, OR 2,136
DIVISION (B) OR (C) OF SECTION 4507.071 OF THE REVISED CODE IS 2,140
GUILTY OF A MINOR MISDEMEANOR.
(G) WHOEVER VIOLATES DIVISION (G) OF SECTION 4507.21 OF 2,143
THE REVISED CODE SHALL BE FINED ONE HUNDRED DOLLARS.
(H) Except as provided in divisions (A) to (E) of this 2,145
section and unless another penalty is provided by the laws of 2,146
this state, whoever violates any provision of sections 4507.01 to 2,147
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a 2,148
misdemeanor of the first degree. 2,149
(G)(I) Whenever a person is found guilty of a violation of 2,151
section 4507.32 of the Revised Code, the trial judge of any court 2,152
of record, in addition to or independent of all other penalties 2,153
provided by law or ordinance, may suspend for any period of time 2,154
not exceeding three years or revoke the license of any person, 2,155
partnership, association, or corporation, issued under section 2,156
4511.763 of the Revised Code. 2,157
(H)(J) Whenever a person is found guilty of a violation of 2,159
a traffic offense specified in Traffic Rule 13(B) that requires 2,160
the person's appearance in court, the court shall, in addition to 2,161
and independent of all other penalties required by law or 2,162
ordinance, require the person to verify the existence at the time 2,163
52
of the offense of proof of financial responsibility covering the 2,164
person's operation of the motor vehicle, or the motor vehicle if 2,165
registered in the person's name, and impose the civil penalties 2,166
specified in division (A) of section 4509.101 of the Revised Code 2,167
if the person fails to verify the existence of such proof of 2,168
financial responsibility." 2,169
(K) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1, 2,171
1997. 2,172
Section 6. That all existing versions of section 4507.99 2,174
of the Revised Code are hereby repealed. 2,175
Section 7. Sections 3, 4, 5, and 6 of this act shall take 2,177
effect May 15, 1997. 2,178
Section 8. That section 4507.99 of the Revised Code, as 2,180
amended by Am. Sub. H.B. 438 of the 121st General Assembly, be 2,181
amended to read as follows: 2,182
"Sec. 4507.99. (A) Whoever violates division (B)(2) or 2,192
(D)(1) of section 4507.02 of the Revised Code is guilty of 2,193
driving under suspension or revocation or in violation of license 2,194
restrictions, a misdemeanor of the first degree. Whoever 2,195
violates division (C) of section 4507.02 of the Revised Code is 2,196
guilty of driving without paying a license reinstatement fee, a 2,197
misdemeanor of the first degree. Except as otherwise provided in 2,198
division (D) of section 4507.162 of the Revised Code, the court, 2,199
in addition to or independent of all other penalties provided by 2,200
law, may suspend for a period not to exceed one year the driver's 2,201
or commercial driver's license or permit or nonresident operating 2,202
privilege of any person who pleads guilty to or is convicted of a 2,203
violation of division (B)(2), (C), or (D)(1) of section 4507.02 2,204
of the Revised Code. 2,205
(B) Whoever violates division (D)(2) of section 4507.02 of 2,207
the Revised Code is guilty of driving under OMVI suspension or 2,208
revocation and shall be punished as provided in division (B)(1), 2,209
(2), or (3) and divisions (B)(4) to (8) of this section. 2,210
(1) Except as otherwise provided in division (B)(2) or (3) 2,212
53
of this section, driving under OMVI suspension or revocation is a 2,213
misdemeanor of the first degree, and the court shall sentence the 2,214
offender to a term of imprisonment of not less than three 2,215
consecutive days and may sentence the offender pursuant to 2,216
section 2929.21 of the Revised Code to a longer term of 2,217
imprisonment. As an alternative to the term of imprisonment 2,218
required to be imposed by this division, but subject to division 2,219
(B)(6) of this section, the court may sentence the offender to a 2,220
term of not less than thirty consecutive days of electronically 2,221
monitored house arrest as defined in division (A)(4) of section 2,222
2929.23 of the Revised Code. The period of electronically 2,223
monitored house arrest shall not exceed six months. In addition, 2,224
the court shall impose upon the offender a fine of not less than 2,225
two hundred fifty and not more than one thousand dollars. 2,226
Regardless of whether the vehicle the offender was 2,228
operating at the time of the offense is registered in the 2,229
offender's name or in the name of another person, the court, in 2,230
addition to or independent of any other sentence that it imposes 2,231
upon the offender and subject to section 4503.235 of the Revised 2,232
Code, shall order the immobilization for thirty days of the 2,233
vehicle the offender was operating at the time of the offense and 2,234
the impoundment for thirty days of the identification license 2,235
plates of that vehicle. The order for immobilization and 2,236
impoundment shall be issued and enforced in accordance with 2,237
section 4503.233 of the Revised Code. 2,238
(2) If, within five years of the offense, the offender has 2,240
been convicted of or pleaded guilty to one violation of division 2,241
(D)(2) of section 4507.02 of the Revised Code or a municipal 2,242
ordinance that is substantially equivalent to that division, 2,243
driving under OMVI suspension or revocation is a misdemeanor, and 2,244
the court shall sentence the offender to a term of imprisonment 2,245
of not less than ten consecutive days and may sentence the 2,246
offender to a longer definite term of imprisonment of not more 2,247
than one year. As an alternative to the term of imprisonment 2,248
54
required to be imposed by this division, but subject to division 2,249
(B)(6) of this section, the court may sentence the offender to a 2,250
term of not less than ninety consecutive days of electronically 2,251
monitored house arrest as defined in division (A)(4) of section 2,252
2929.23 of the Revised Code. The period of electronically 2,253
monitored house arrest shall not exceed one year. In addition, 2,254
the court shall impose upon the offender a fine of not less than 2,255
five hundred and not more than two thousand five hundred dollars. 2,256
Regardless of whether the vehicle the offender was 2,258
operating at the time of the offense is registered in the 2,259
offender's name or in the name of another person, the court, in 2,260
addition to or independent of any other sentence that it imposes 2,261
upon the offender and subject to section 4503.235 of the Revised 2,262
Code, shall order the immobilization for sixty days of the 2,263
vehicle the offender was operating at the time of the offense and 2,264
the impoundment for sixty days of the identification license 2,265
plates of that vehicle. The order for immobilization and 2,266
impoundment shall be issued and enforced in accordance with 2,267
section 4503.233 of the Revised Code. 2,268
(3) If, within five years of the offense, the offender has 2,270
been convicted of or pleaded guilty to two or more violations of 2,271
division (D)(2) of section 4507.02 of the Revised Code or a 2,272
municipal ordinance that is substantially equivalent to that 2,273
division, driving under OMVI suspension or revocation is guilty 2,274
of a misdemeanor. The court shall sentence the offender to a 2,275
term of imprisonment of not less than thirty consecutive days and 2,276
may sentence the offender to a longer definite term of 2,277
imprisonment of not more than one year. The court shall not 2,278
sentence the offender to a term of electronically monitored house 2,279
arrest as defined in division (A)(4) of section 2929.23 of the 2,280
Revised Code. In addition, the court shall impose upon the 2,281
offender a fine of not less than five hundred and not more than 2,282
two thousand five hundred dollars. 2,283
Regardless of whether the vehicle the offender was 2,285
55
operating at the time of the offense is registered in the 2,286
offender's name or in the name of another person, the court, in 2,287
addition to or independent of any other sentence that it imposes 2,288
upon the offender and subject to section 4503.235 of the Revised 2,289
Code, shall order the criminal forfeiture to the state of the 2,290
vehicle the offender was operating at the time of the offense. 2,291
The order of criminal forfeiture shall be issued and enforced in 2,292
accordance with section 4503.234 of the Revised Code. 2,293
If title to a motor vehicle that is subject to an order for 2,295
criminal forfeiture under this section is assigned or transferred 2,296
and division (C)(2) or (3) of section 4503.234 of the Revised 2,298
Code applies, in addition to or independent of any other penalty 2,299
established by law, the court may fine the offender the value of 2,300
the vehicle as determined by publications of the national auto 2,301
dealer's association. The proceeds from any fine imposed under 2,302
this division shall be distributed in accordance with division 2,303
(D)(4) of section 4503.234 of the Revised Code. 2,305
(4) In addition to or independent of all other penalties 2,307
provided by law or ordinance, the trial judge of any court of 2,308
record or the mayor of a mayor's court shall suspend for a period 2,309
not to exceed one year the driver's or commercial driver's 2,310
license or permit or nonresident operating privilege of an 2,311
offender who is sentenced under division (B)(1), (2), or (3) of 2,312
this section. 2,313
(5) Fifty per cent of any fine imposed by a court under 2,315
division (B)(1), (2), or (3) of this section shall be deposited 2,316
into the county indigent driver's alcohol treatment fund or 2,317
municipal indigent drivers alcohol treatment fund under the 2,318
control of that court, as created by the county or municipal 2,319
corporation pursuant to division (N) of section 4511.191 of the 2,320
Revised Code.
(6) No court shall impose the alternative sentence of not 2,322
less than thirty consecutive days of electronically monitored 2,323
house arrest permitted to be imposed by division (B)(1) of this 2,324
56
section or the alternative sentence of a term of not less than 2,325
ninety consecutive days of electronically monitored house arrest 2,326
permitted to be imposed by division (B)(2) of this section, 2,327
unless within sixty days of the date of sentencing, the court 2,328
issues a written finding, entered into the record, that, due to 2,329
the unavailability of space at the incarceration facility where 2,330
the offender is required to serve the term of imprisonment 2,331
imposed upon the offender, the offender will not be able to begin 2,332
serving that term of imprisonment within the sixty-day period 2,334
following the date of sentencing. If the court issues such a 2,335
finding, the court may impose the alternative sentence comprised 2,336
of or including electronically monitored house arrest permitted 2,337
to be imposed by division (B)(1) or (2) of this section. 2,338
(7) An offender sentenced under this section to a period 2,340
of electronically monitored house arrest shall be permitted work 2,341
release during such period. The duration of the work release 2,342
shall not exceed the time necessary each day for the offender to 2,343
commute to and from the place of employment and the offender's 2,344
home or other place specified by the sentencing court and the 2,345
time actually spent under employment. 2,346
(8) Suspension of a commercial driver's license under this 2,348
section shall be concurrent with any period of disqualification 2,349
under section 2301.374 or 4506.16 of the Revised Code. No person 2,350
who is disqualified for life from holding a commercial driver's 2,351
license under section 4506.16 of the Revised Code shall be issued 2,352
a driver's license under this chapter during the period for which 2,353
the commercial driver's license was suspended under this section, 2,354
and no person whose commercial driver's license is suspended 2,355
under this section shall be issued a driver's license under this 2,356
chapter during the period of the suspension. 2,357
(C) Whoever violates division (B)(1) of section 4507.02 of 2,359
the Revised Code is guilty of driving under financial 2,360
responsibility law suspension or revocation and shall be punished 2,361
as provided in division (C)(1), (2), or (3) and division (C)(4) 2,362
57
of this section. 2,363
(1) Except as otherwise provided in division (C)(2) or (3) 2,365
of this section, driving under financial responsibility law 2,366
suspension or revocation is a misdemeanor of the first degree. 2,367
Regardless of whether the vehicle the offender was 2,369
operating at the time of the offense is registered in the 2,370
offender's name or in the name of another person, the court, in 2,371
addition to or independent of any other sentence that it imposes 2,372
upon the offender and subject to section 4503.235 of the Revised 2,373
Code, shall order the immobilization for thirty days of the 2,374
vehicle the offender was operating at the time of the offense and 2,375
the impoundment for thirty days of the identification license 2,376
plates of that vehicle. The order for immobilization and 2,377
impoundment shall be issued and enforced in accordance with 2,378
section 4503.233 of the Revised Code. 2,379
(2) If, within five years of the offense, the offender has 2,381
been convicted of or pleaded guilty to one violation of division 2,382
(B)(1) of section 4507.02 of the Revised Code or a municipal 2,383
ordinance that is substantially equivalent to that division, 2,384
driving under financial responsibility law suspension or 2,385
revocation is a misdemeanor of the first degree. 2,386
Regardless of whether the vehicle the offender was 2,388
operating at the time of the offense is registered in the 2,389
offender's name or in the name of another person, the court, in 2,390
addition to or independent of any other sentence that it imposes 2,391
upon the offender and subject to section 4503.235 of the Revised 2,392
Code, shall order the immobilization for sixty days of the 2,393
vehicle the offender was operating at the time of the offense and 2,394
the impoundment for sixty days of the identification license 2,395
plates of that vehicle. The order for immobilization and 2,396
impoundment shall be issued and enforced in accordance with 2,397
section 4503.233 of the Revised Code. 2,398
(3) If, within five years of the offense, the offender has 2,400
been convicted of or pleaded guilty to two or more violations of 2,401
58
division (B)(1) of section 4507.02 of the Revised Code or a 2,402
municipal ordinance that is substantially equivalent to that 2,403
division, driving under financial responsibility law suspension 2,404
or revocation is a misdemeanor of the first degree. 2,405
Regardless of whether the vehicle the offender was 2,407
operating at the time of the offense is registered in the 2,408
offender's name or in the name of another person, the court, in 2,409
addition to or independent of any other sentence that it imposes 2,410
upon the offender and subject to section 4503.235 of the Revised 2,411
Code, shall order the criminal forfeiture to the state of the 2,412
vehicle the offender was operating at the time of the offense. 2,413
The order of criminal forfeiture shall be issued and enforced in 2,414
accordance with section 4503.234 of the Revised Code. 2,415
If title to a motor vehicle that is subject to an order for 2,417
criminal forfeiture under this section is assigned or transferred 2,418
and division (C)(2) or (3) of section 4503.234 of the Revised 2,420
Code applies, in addition to or independent of any other penalty 2,421
established by law, the court may fine the offender the value of 2,422
the vehicle as determined by publications of the national auto 2,423
dealer's association. The proceeds from any fine imposed under 2,424
this division shall be distributed in accordance with division 2,425
(D)(4) of section 4503.234 of the Revised Code. 2,426
(4) Except as otherwise provided in division (D) of 2,428
section 4507.162 of the Revised Code, the court, in addition to 2,429
or independent of all other penalties provided by law, may 2,430
suspend for a period not to exceed one year the driver's or 2,431
commercial driver's license or permit or nonresident operating 2,432
privilege of an offender who is sentenced under division (C)(1), 2,433
(2), or (3) of this section. 2,434
(5) The court shall not release a vehicle from the 2,436
immobilization ordered under division (C)(1) or (2) of this 2,437
section unless the court is presented with current proof of 2,438
financial responsibility with respect to that vehicle.
(D) Whoever violates division (A)(1) or (3) of section 2,440
59
4507.02 of the Revised Code by operating a motor vehicle when the 2,442
offender's driver's or commercial driver's license has been 2,443
expired for no more than six months is guilty of a minor 2,444
misdemeanor. Whoever violates division (B) of section 4507.13 or 2,445
division (C) of section 4507.52 of the Revised Code is guilty of 2,446
a minor misdemeanor. 2,447
(E) Whoever violates section 4507.33 of the Revised Code 2,449
is guilty of permitting the operation of a vehicle by a person 2,450
with no legal right to operate a vehicle and shall be punished as 2,451
provided in division (E)(1) or (2) of this section. 2,452
(1) Except as otherwise provided in division (E)(2) of 2,454
this section, permitting the operation of a vehicle by a person 2,455
with no legal right to operate a vehicle is a misdemeanor of the 2,456
first degree. In addition to or independent of any other 2,457
sentence that it imposes upon the offender and subject to section 2,458
4503.235 of the Revised Code, the court shall order the 2,459
immobilization for thirty days of the vehicle involved in the 2,460
offense and the impoundment for thirty days of the identification 2,461
license plates of that vehicle. The order for immobilization and 2,462
impoundment shall be issued and enforced in accordance with 2,463
section 4503.233 of the Revised Code. 2,464
(2) If the offender previously has been convicted of or 2,466
pleaded guilty to one or more violations of section 4507.33 of 2,467
the Revised Code, permitting the operation of a vehicle by a 2,468
person with no legal right to operate a vehicle is a misdemeanor 2,469
of the first degree. In addition to or independent of any other 2,470
sentence that it imposes upon the offender and subject to section 2,471
4503.235 of the Revised Code, the court shall order the criminal 2,472
forfeiture to the state of the vehicle involved in the offense. 2,473
The order of criminal forfeiture shall be issued and enforced in 2,474
accordance with section 4503.234 of the Revised Code. 2,475
If title to a motor vehicle that is subject to an order for 2,477
criminal forfeiture under this section is assigned or transferred 2,478
and division (C)(2) or (3) of section 4503.234 of the Revised 2,480
60
Code applies, in addition to or independent of any other penalty 2,481
established by law, the court may fine the offender the value of 2,482
the vehicle as determined by publications of the national auto 2,483
dealer's association. The proceeds from any fine imposed under 2,484
this division shall be distributed in accordance with division 2,485
(D)(4) of section 4503.234 of the Revised Code. 2,487
(F) WHOEVER VIOLATES DIVISION (F) OF SECTION 4507.05, OR 2,490
DIVISION (B) OR (C) OF SECTION 4507.071 OF THE REVISED CODE IS 2,494
GUILTY OF A MINOR MISDEMEANOR.
(G) WHOEVER VIOLATES DIVISION (G) OF SECTION 4507.21 OF 2,497
THE REVISED CODE SHALL BE FINED ONE HUNDRED DOLLARS.
(H) Except as provided in divisions (A) to (E) of this 2,499
section and unless another penalty is provided by the laws of 2,500
this state, whoever violates any provision of sections 4507.01 to 2,501
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a 2,502
misdemeanor of the first degree. 2,503
(G)(I) Whenever a person is found guilty of a violation of 2,505
section 4507.32 of the Revised Code, the trial judge of any court 2,506
of record, in addition to or independent of all other penalties 2,507
provided by law or ordinance, may suspend for any period of time 2,508
not exceeding three years or revoke the license of any person, 2,509
partnership, association, or corporation, issued under section 2,510
4511.763 of the Revised Code. 2,511
(H)(J) Whenever a person is found guilty of a violation of 2,513
a traffic offense specified in Traffic Rule 13(B) that requires 2,514
the person's appearance in court, the court shall require the 2,515
person to verify the existence at the time of the offense of 2,517
proof of financial responsibility covering the person's operation 2,518
of the motor vehicle, or the motor vehicle if registered in the 2,519
person's name, and notify the registrar pursuant to division (D) 2,520
of section 4509.101 of the Revised Code if the person fails to 2,521
verify the existence of such proof of financial responsibility." 2,522
Section 9. That all existing versions of section 4507.99 2,524
of the Revised Code are hereby repealed. 2,525
61
Section 10. Sections 8 and 9 of this act shall take effect 2,527
July 1, 1997.
Section 11. Section 4507.99 of the Revised Code is 2,529
presented in Section 8 of this act as a composite of the section 2,531
as amended by both Am. Sub. H.B. 438 and Am. Sub. H.B. 676 of the 2,532
121st General Assembly, with the new language of neither of the 2,534
acts shown in capital letters. This is in recognition of the 2,535
principle stated in division (B) of section 1.52 of the Revised 2,536
Code that such amendments are to be harmonized where not 2,537
substantively irreconcilable and constitutes a legislative 2,538
finding that such is the resulting version in effect prior to 2,539
July 1, 1997.
Section 12. The Department of Public Safety shall maintain 2,541
records and statistics indicating the driving history of persons 2,542
who are issued probationary driver's licenses under this act, 2,543
including crash records, traffic violation convictions, and 2,545
driver's license suspensions and revocations. The Department 2,546
shall compile the records and statistics in an appropriate format
and provide biennial reports to the General Assembly analyzing 2,547
the information and comparing the relative records of juvenile 2,548
drivers before and after the effective date of this act. 2,549