As Reported by the Senate Highways and Transportation Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 60 5
1997-1998 6
SENATOR OELSLAGER 8
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A B I L L
To amend sections 1905.01, 2301.374, 2919.22, 12
4501.01, 4501.021, 4501.25, 4503.10, 4503.103, 13
4503.12, 4503.19, 4503.27, 4503.301, 4503.31,
4503.311, 4503.312, 4503.33, 4503.84, 4505.07, 14
4505.08, 4505.11, 4506.01, 4506.08, 4506.14, 15
4506.16, 4506.17, 4507.01, 4507.02, 4507.021,
4507.022, 4507.08, 4507.09, 4507.10, 4507.13, 17
4507.14, 4507.16, 4507.162, 4507.163, 4507.169, 18
4507.50, 4507.52, 4509.31, 4511.191, 4511.193, 19
4511.195, 4511.196, 4511.99, 4513.61, 4513.63,
and 4519.04, and to enact sections 4505.021 and 21
4507.012 of the Revised Code to make changes in 22
the law governing the operation, registration, 23
and titling of motor vehicles and in the law 24
governing the operation of the Bureau of Motor
Vehicles.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 1905.01, 2301.374, 2919.22, 28
4501.01, 4501.021, 4501.25, 4503.10, 4503.103, 4503.12, 4503.19, 30
4503.27, 4503.301, 4503.31, 4503.311, 4503.312, 4503.33, 4503.84, 31
4505.07, 4505.08, 4505.11, 4506.01, 4506.08, 4506.14, 4506.16, 32
4506.17, 4507.01, 4507.02, 4507.021, 4507.022, 4507.08, 4507.09, 34
4507.10, 4507.13, 4507.14, 4507.16, 4507.162, 4507.163, 4507.169, 35
4507.50, 4507.52, 4509.31, 4511.191, 4511.193, 4511.195, 36
4511.196, 4511.99, 4513.61, 4513.63, and 4519.04 be amended and 37
sections 4505.021 and 4507.012 of the Revised Code be enacted to 38
2
read as follows: 39
Sec. 1905.01. (A) In all municipal corporations not being 48
the site of a municipal court nor a place where a judge of the 49
Auglaize county, Crawford county, Jackson county, Miami county, 50
Portage county, or Wayne county municipal court sits as required 51
pursuant to section 1901.021 of the Revised Code or by 52
designation of the judges pursuant to section 1901.021 of the 53
Revised Code, the mayor of the municipal corporation has 54
jurisdiction, except as provided in divisions (B) and (C) of this 55
section and subject to the limitation contained in section 56
1905.03 and the limitation contained in section 1905.031 of the 57
Revised Code, to hear and determine any prosecution for the 58
violation of an ordinance of the municipal corporation, to hear 59
and determine any case involving a violation of a vehicle parking 60
or standing ordinance of the municipal corporation unless the 61
violation is required to be handled by a parking violations 62
bureau or joint parking violations bureau pursuant to Chapter 63
4521. of the Revised Code, and to hear and determine all criminal 64
causes involving any moving traffic violation occurring on a 65
state highway located within the boundaries of the municipal 66
corporation, subject to the limitations of sections 2937.08 and 67
2938.04 of the Revised Code. 68
(B)(1) In all municipal corporations not being the site of 70
a municipal court nor a place where a judge of a court listed in 71
division (A) of this section sits as required pursuant to section 72
1901.021 of the Revised Code or by designation of the judges 73
pursuant to section 1901.021 of the Revised Code, the mayor of 74
the municipal corporation has jurisdiction, subject to the 75
limitation contained in section 1905.03 of the Revised Code, to 76
hear and determine prosecutions involving a violation of an 77
ordinance of the municipal corporation relating to operating a 78
vehicle while under the influence of alcohol, a drug of abuse, or 79
alcohol and a drug of abuse or relating to operating a vehicle 80
with a prohibited concentration of alcohol in the blood, breath, 81
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or urine, and to hear and determine criminal causes involving a 82
violation of section 4511.19 of the Revised Code that occur on a 83
state highway located within the boundaries of the municipal 84
corporation, subject to the limitations of sections 2937.08 and 85
2938.04 of the Revised Code, only if the person charged with the 86
violation, within five years of the date of the violation 87
charged, has not been convicted of or pleaded guilty to any of 88
the following: 89
(a) A violation of an ordinance of any municipal 91
corporation relating to operating a vehicle while under the 92
influence of alcohol, a drug of abuse, or alcohol and a drug of 93
abuse or relating to operating a vehicle with a prohibited 94
concentration of alcohol in the blood, breath, or urine; 95
(b) A violation of section 4511.19 of the Revised Code; 97
(c) A violation of any ordinance of any municipal 99
corporation or of any section of the Revised Code that regulates 100
the operation of vehicles, streetcars, and trackless trolleys 101
upon the highways or streets, in relation to which all of the 102
following apply: 103
(i) The person, in the case in which the conviction was 105
obtained or the plea of guilty was entered, had been charged with 106
a violation of an ordinance of any municipal corporation relating 107
to operating a vehicle while under the influence of alcohol, a 108
drug of abuse, or alcohol and a drug of abuse or relating to 109
operating a vehicle with a prohibited concentration of alcohol in 110
the blood, breath, or urine, or with a violation of section 111
4511.19 of the Revised Code; 112
(ii) The charge of the violation described in division 114
(B)(1)(c)(i) of this section was dismissed or reduced; 115
(iii) The violation of which the person was convicted or 117
to which the person pleaded guilty arose out of the same facts 119
and circumstances and the same act as did the charge that was
dismissed or reduced. 120
(d) A violation of a statute of THE UNITED STATES OR OF 123
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any other state or a municipal ordinance of a municipal 124
corporation located in any other state that is substantially 125
similar to section 4511.19 of the Revised Code.
(2) The mayor of a municipal corporation does not have 127
jurisdiction to hear and determine any prosecution or criminal 128
cause involving a violation described in division (B)(1)(a) or 129
(b) of this section, regardless of where the violation occurred, 130
if the person charged with the violation, within five years of 131
the violation charged, has been convicted of or pleaded guilty to 132
any violation listed in division (B)(1)(a), (b), (c), or (d) of 134
this section.
If the mayor of a municipal corporation, in hearing a 136
prosecution involving a violation of an ordinance of the 137
municipal corporation the mayor serves relating to operating a 139
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse or relating to operating a vehicle 140
with a prohibited concentration of alcohol in the blood, breath, 141
or urine, or in hearing a criminal cause involving a violation of 142
section 4511.19 of the Revised Code, determines that the person 143
charged, within five years of the violation charged, has been 144
convicted of or pleaded guilty to any violation listed in 145
division (B)(1)(a), (b), (c), or (d) of this section, the mayor 147
immediately shall transfer the case to the county court or 148
municipal court with jurisdiction over the violation charged, in 149
accordance with section 1905.032 of the Revised Code. 150
(C)(1) In all municipal corporations not being the site of 152
a municipal court and not being a place where a judge of a court 153
listed in division (A) of this section sits as required pursuant 154
to section 1901.021 of the Revised Code or by designation of the 155
judges pursuant to section 1901.021 of the Revised Code, the 156
mayor of the municipal corporation, subject to sections 1901.031, 157
2937.08, and 2938.04 of the Revised Code, has jurisdiction to 158
hear and determine prosecutions involving a violation of a 159
municipal ordinance that is substantially equivalent to division 160
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(B)(1) or (D)(2) of section 4507.02 of the Revised Code and to 161
hear and determine criminal causes that involve a moving traffic 162
violation, that involve a violation of division (B)(1) or (D)(2) 163
of section 4507.02 of the Revised Code, and that occur on a state 164
highway located within the boundaries of the municipal 165
corporation only if all of the following apply regarding the 166
violation and the person charged: 167
(a) Regarding a violation of division (B)(1) of section 169
4507.02 of the Revised Code or a violation of a municipal 170
ordinance that is substantially equivalent to that division, the 171
person charged with the violation, within five years of the date 172
of the violation charged, has not been convicted of or pleaded 173
guilty to any of the following: 174
(i) A violation of division (B)(1) of section 4507.02 of 176
the Revised Code; 177
(ii) A violation of a municipal ordinance that is 179
substantially equivalent to division (B)(1) of section 4507.02 of 180
the Revised Code; 181
(iii) A violation of any municipal ordinance or section of 183
the Revised Code that regulates the operation of vehicles, 184
streetcars, and trackless trolleys upon the highways or streets, 185
in a case in which, after a charge against the person of a 186
violation of a type described in division (C)(1)(a)(i) or (ii) of 187
this section was dismissed or reduced, the person is convicted of 188
or pleads guilty to a violation that arose out of the same facts 189
and circumstances and the same act as did the charge that was 190
dismissed or reduced. 191
(b) Regarding a violation of division (D)(2) of section 193
4507.02 of the Revised Code or a violation of a municipal 194
ordinance that is substantially equivalent to that division, the 195
person charged with the violation, within five years of the date 196
of the violation charged, has not been convicted of or pleaded 197
guilty to any of the following: 198
(i) A violation of division (D)(2) of section 4507.02 of 200
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the Revised Code; 201
(ii) A violation of a municipal ordinance that is 203
substantially equivalent to division (D)(2) of section 4507.02 of 204
the Revised Code; 205
(iii) A violation of any municipal ordinance or section of 207
the Revised Code that regulates the operation of vehicles, 208
streetcars, and trackless trolleys upon the highways or streets 209
in a case in which, after a charge against the person of a 210
violation of a type described in division (C)(1)(b)(i) or (ii) of 211
this section was dismissed or reduced, the person is convicted of 212
or pleads guilty to a violation that arose out of the same facts 213
and circumstances and the same act as did the charge that was 214
dismissed or reduced. 215
(2) The mayor of a municipal corporation does not have 217
jurisdiction to hear and determine any prosecution or criminal 218
cause involving a violation described in division (C)(1)(a)(i) or 219
(ii) of this section if the person charged with the violation, 220
within five years of the violation charged, has been convicted of 221
or pleaded guilty to any violation listed in division 222
(C)(1)(a)(i), (ii), or (iii) of this section and does not have 223
jurisdiction to hear and determine any prosecution or criminal 224
cause involving a violation described in division (C)(1)(b)(i) or 225
(ii) of this section if the person charged with the violation, 226
within five years of the violation charged, has been convicted of 227
or pleaded guilty to any violation listed in division 228
(C)(1)(b)(i), (ii), or (iii) of this section. 229
(3) If the mayor of a municipal corporation, in hearing a 231
prosecution involving a violation of an ordinance of the 232
municipal corporation the mayor serves that is substantially 233
equivalent to division (B)(1) or (D)(2) of section 4507.02 of the 235
Revised Code or a violation of division (B)(1) or (D)(2) of 236
section 4507.02 of the Revised Code, determines that, under 237
division (C)(2) of this section, mayors do not have jurisdiction 238
of the prosecution, the mayor immediately shall transfer the case 239
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to the county court or municipal court with jurisdiction over the 240
violation in accordance with section 1905.032 of the Revised 241
Code.
(D) If the mayor of a municipal corporation has 243
jurisdiction pursuant to division (B)(1) of this section to hear 244
and determine a prosecution or criminal cause involving a 245
violation described in division (B)(1)(a) or (b) of this section, 246
the authority of the mayor to hear or determine the prosecution 247
or cause is subject to the limitation contained in division (C) 248
of section 1905.03 of the Revised Code. If the mayor of a 249
municipal corporation has jurisdiction pursuant to division (A) 250
or (C) of this section to hear and determine a prosecution or 251
criminal cause involving a violation other than a violation 252
described in division (B)(1)(a) or (b) of this section, the 253
authority of the mayor to hear or determine the prosecution or 254
cause is subject to the limitation contained in division (C) of 256
section 1905.031 of the Revised Code.
(E) In keeping a docket and files, the mayor, and a 258
mayor's court magistrate appointed under section 1905.05 of the 259
Revised Code, shall be governed by the laws pertaining to county 260
courts. 261
Sec. 2301.374. (A) The director of human services shall 270
specify a date for the purposes of this section, which shall be 271
the later of the date the support enforcement tracking system is 272
expected to be operational in all the counties of the state, or 273
the date that is six months after the effective date of this 274
section.
(B)(1) If a court or child support enforcement agency 277
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code prior to the date 278
specified under division (A) of this section that an individual 279
is in default under a child support order, the agency 280
administering or handling the child support order may determine 281
whether the individual holds a commercial driver's license or 282
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commercial driver's temporary instruction permit issued by the 283
registrar of motor vehicles or a deputy registrar or, if 284
possible, whether the individual has applied, or is likely to 285
apply, for such a license or permit. If the agency determines 286
that the individual holds, has applied for, or is likely to apply 287
for, such a license or permit, it shall send the individual the 288
notice specified in division (B)(2) of this section. The agency 289
also may send a notice to the registrar of motor vehicles that 290
gives the name and social security number or other identifying 291
number of the individual and states that a court or agency has 292
determined the individual to be in default under a child support 294
order.
(2) Notice shall be sent to the individual described in 297
division (B)(1) of this section by first class mail. The notice 298
shall specify that a court or agency has determined the 299
individual to be in default under a child support order, that a 300
notice containing the individual's name and social security 301
number or other identification number may be sent under division 302
(B)(1) of this section to the registrar, and that, if the 304
registrar receives that notice and determines that the individual 305
is the individual named in that notice and the registrar has not
received notice under division (B)(3) of this section, all of the 307
following will occur:
(a) The registrar and all deputy registrars will be 310
prohibited from issuing to, or renewing for, the individual a 311
commercial driver's license or commercial driver's temporary
instruction permit; 312
(b) If the individual holds a commercial driver's license 314
or commercial driver's temporary instruction permit, the 315
registrar will impose a disqualification as defined in section 316
4506.01 of the Revised Code with respect to the license or permit 318
if the registrar determines that the individual is the individual 319
named in the notice sent pursuant to division (B)(1) of this 320
section;
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(c) If the individual is the individual named in the 322
notice, the individual will not be issued, and the 323
disqualification will not be removed with respect to, any license 324
or permit listed in division (B)(2) of this section until the 325
registrar receives a notice under division (B)(3) of this 326
section. 327
(3) An agency that sent a notice under division (B)(1) of 330
this section shall send to the registrar a notice that the 331
individual is not in default under a child support order if it 332
determines that the individual is not in default or any of the 333
following occurs:
(a) The individual makes full payment to the agency of the 335
arrearage that was the basis for the court or agency 337
determination that the individual was in default; 338
(b) An appropriate withholding or deduction notice or 340
other appropriate order has been issued pursuant to section 342
3113.21 of the Revised Code to collect current support and any 343
arrearage due under the child support order that was in default 344
and the individual is complying with the notice or order; 345
(c) A new child support order has been issued or the child 347
support order that was in default has been modified as provided 348
under sections 3113.21 to 3113.219 of the Revised Code to collect 349
current support and any arrearage due under the child support 350
order that was in default and the individual is complying with 351
the new or modified child support order. 352
The agency shall send the notice under this division not 354
later than seven days after it determines the individual is not 356
in default or that any of the circumstances specified in division 357
(B)(3) of this section has occurred. 360
(4)(a) On receipt of a notice pursuant to division (B)(1) 363
of this section, the registrar shall determine whether the 364
individual named in the notice holds or has applied for a 365
commercial driver's license or commercial driver's temporary 366
instruction permit. If the registrar determines that the 367
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individual holds or has applied for a license or permit and the 368
individual is the individual named in the notice and does not 369
receive a notice pursuant to division (B)(3) of this section, the 370
registrar immediately shall provide notice of the determination 372
to each deputy registrar. The registrar or a deputy registrar 373
may not issue to the individual and may not renew for the
individual a commercial driver's license or commercial driver's 374
temporary instruction permit and the registrar shall impose a 375
disqualification on the individual with respect to the license or 377
permit held by the individual.
(b) The registrar shall maintain a list of names of 379
individuals identified in notices sent to the registrar pursuant 381
to division (B)(1) of this section that do not hold a commercial 382
driver's license or commercial driver's temporary instruction 383
permit. The registrar shall update the list quarterly and 384
provide each deputy registrar with a copy. On receipt of an
application for such a license or permit from an individual who 385
appears on the list, a deputy registrar shall notify the 386
registrar. On receipt of an application for such a license or 387
permit from such an individual or on receipt of a notice from a 388
deputy registrar pursuant to division (B)(4)(b) of this section, 389
the registrar shall proceed in accordance with division (B)(4)(a) 391
of this section. 392
(c) Not later than seven days after receipt of a notice 394
pursuant to division (B)(3) of this section, the registrar shall 397
notify each deputy registrar of the notice. The registrar and 399
each deputy registrar shall then, if the individual otherwise is
eligible for the license or permit and wants the license or 400
permit, issue a license or permit to, or renew a license or 402
permit of, the individual, or, if a disqualification was imposed 403
on the individual with respect to the individual's license or 404
permit pursuant to division (B)(4)(a) of this section, remove the 406
disqualification. The registrar or a deputy registrar may charge 407
a fee of not more than twenty-five dollars for issuing or 408
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renewing a license or permit for an individual or removing the 409
disqualification imposed on the individual's license or permit 410
pursuant to this division. THE FEES COLLECTED BY THE REGISTRAR 411
PURSUANT TO THIS SECTION SHALL BE PAID INTO THE STATE BUREAU OF
MOTOR VEHICLES FUND ESTABLISHED IN SECTION 4501.25 OF THE REVISED 412
CODE.
(d) Notwithstanding section 119.06 of the Revised Code, 415
the registrar shall not hold any hearing in connection with an 416
order refusing to issue or renew a license or permit for, or 417
imposing a disqualification with respect to a license or permit 418
of, an individual pursuant to this section.
(C)(1) If a court or child support enforcement agency 421
makes a final and enforceable determination pursuant to division
(B) of section 3113.21 of the Revised Code on or after the date 422
specified under division (A) of this section that an individual 424
is in default under a child support order, the agency 425
administering or handling the child support order may determine 426
whether the individual holds a driver's or commercial driver's 427
license, motorcycle operator's license or endorsement, temporary 428
instruction permit, or commercial driver's temporary instruction 429
permit issued by the registrar of motor vehicles or a deputy 430
registrar or, if possible, whether the individual has applied, or 431
is likely to apply, for such a license, endorsement, or permit. 432
If the agency determines that the individual holds, has applied 433
for, or is likely to apply for, such a license, endorsement, or 434
permit, it shall send to the individual the notice specified in 435
division (C)(2) of this section. The agency also may send a 436
notice to the registrar of motor vehicles that gives the name and 437
social security number or other identifying number of the
individual and states that a court or agency has determined the 438
individual to be in default under a child support order. 440
(2) Notice shall be sent to the individual described in 443
division (C)(1) of this section by first class mail. The notice 444
shall specify that a court or agency has determined the 445
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individual to be in default under a child support order, that a 446
notice containing the individual's name and social security 447
number or other identification number may be sent under division 448
(C)(1) of this section to the registrar, and that, if the 450
registrar receives that notice and determines that the individual 451
is the individual named in that notice and the registrar has not
received notice under division (C)(3) of this section, all of the 454
following will occur:
(a) The registrar and all deputy registrars will be 456
prohibited from issuing to the individual a driver's or 458
commercial driver's license, motorcycle operator's license or 460
endorsement, or temporary instruction permit or commercial 461
driver's temporary instruction permit;
(b) The registrar and all deputy registrars will be 463
prohibited from renewing for the individual a driver's or 465
commercial driver's license, motorcycle operator's license or 466
endorsement, or commercial driver's temporary instruction permit; 467
(c) If the individual holds a driver's or commercial 469
driver's license, motorcycle operator's license or endorsement, 470
or temporary instruction permit or commercial driver's temporary 471
instruction permit, it will be suspended if the registrar 472
determines that the individual is the individual named in the 473
notice sent pursuant to division (C)(1) of this section; 474
(d) If the individual is the individual named in the 476
notice the individual will not be issued or have renewed any 477
license, endorsement, or permit, and no suspension will be lifted 478
with respect to any license, endorsement, or permit listed in 479
division (C)(2) of this section until the registrar receives a 481
notice under division (C)(3) of this section.
(3) An agency that sent a notice under division (C)(1) of 484
this section shall send to the registrar a notice that the 485
individual is not in default under a child support order if it 486
determines that the individual is not in default or any of the 487
following occurs:
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(a) The individual makes full payment to the agency of the 489
arrearage that was the basis for the court or agency 491
determination that the individual was in default; 492
(b) An appropriate withholding or deduction notice or 494
other appropriate order has been issued pursuant to section 496
3113.21 of the revised code to collect current support and any 497
arrearage due under the child support order that was in default 498
and the individual is complying with the notice or order; 499
(c) A new child support order has been issued or the child 501
support order that was in default has been modified as provided 503
under sections 3113.21 to 3113.219 of the Revised Code to collect 504
current support and any arrearage due under the child support 505
order that was in default and the individual is complying with 506
the new or modified child support order. 507
The agency shall send the notice under this division not 509
later than seven days after it determines the individual is not 511
in default or that any of the circumstances specified in division 512
(C)(3) of this section has occurred. 515
(4)(a) On receipt of a notice pursuant to division (C)(1) 518
of this section, the registrar shall determine whether the 519
individual named in the notice holds or has applied for a 520
driver's license or commercial driver's license, motorcycle 521
operator's license or endorsement, or temporary instruction 522
permit or commercial driver's temporary instruction permit. If 523
the registrar determines that the individual holds or has applied
for a license, permit, or endorsement and the individual is the 525
individual named in the notice and does not receive a notice 526
pursuant to division (C)(3) of this section, the registrar 527
immediately shall provide notice of the determination to each 529
deputy registrar. The registrar or a deputy registrar may not 530
issue to the individual a driver's or commercial driver's
license, motorcycle operator's license or endorsement, or 531
temporary instruction permit or commercial driver's temporary 532
instruction permit and may not renew for the individual a 534
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driver's or commercial driver's license, motorcycle operator's
license or endorsement, or commercial driver's temporary 535
instruction permit. The registrar or a deputy registrar also 536
shall suspend a license, permit, or endorsement held by the 537
individual.
(b) The registrar shall maintain a list of names of 539
individuals identified in notices sent to the registrar pursuant 541
to division (C)(1) of this section that do not hold a driver's or 542
commercial driver's license, motorcycle operator's license or 543
endorsement, or temporary instruction permit or commercial 544
driver's temporary instruction permit. The registrar shall 545
update the list quarterly and provide each deputy registrar with 546
a copy. On receipt of an application for such a license, permit, 547
or endorsement from an individual who appears on the list, a 548
deputy registrar shall notify the registrar. On receipt of an 549
application for such a license, permit, or endorsement from such 550
an individual or on receipt of a notice from a deputy registrar 552
pursuant to division (C)(4)(b) of this section, the registrar 554
shall proceed in accordance with division (C)(4)(a) of this 556
section.
(c) Not later than seven days after receipt of a notice 558
pursuant to division (C)(3) of this section, the registrar shall 561
notify each deputy registrar of the notice. The registrar and 562
each deputy registrar shall then, if the individual otherwise is
eligible for the license, permit, or endorsement and wants the 563
license, permit, or endorsement, issue a license, permit, or 564
endorsement to, or renew a license, permit, or endorsement of, 566
the individual, or, if the individual's license, permit, or 568
endorsement was suspended pursuant to division (C)(4)(a) of this 569
section, remove the suspension. The registrar or a deputy 571
registrar may charge a fee of not more than twenty-five dollars 572
for issuing or renewing or removing the suspension of a license 573
pursuant to this division. THE FEES COLLECTED BY THE REGISTRAR
PURSUANT TO THIS SECTION SHALL BE PAID INTO THE STATE BUREAU OF 574
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MOTOR VEHICLES FUND ESTABLISHED IN SECTION 4501.25 OF THE REVISED 575
CODE.
(d) Notwithstanding section 119.06 of the Revised Code, 577
the registrar shall not hold any hearing in connection with an 579
order refusing to issue or renew a license, permit, or 580
endorsement for, or suspending a license, permit, or endorsement 581
of, an individual pursuant to this section.
(D) The department of human services may adopt rules in 584
accordance with Chapter 119. of the Revised Code to implement 585
this section. 586
Sec. 2919.22. (A) No person, who is the parent, guardian, 596
custodian, person having custody or control, or person in loco 597
parentis of a child under eighteen years of age or a mentally or 598
physically handicapped child under twenty-one years of age, shall 599
create a substantial risk to the health or safety of the child, 600
by violating a duty of care, protection, or support. It is not a 601
violation of a duty of care, protection, or support under this 602
division when the parent, guardian, custodian, or person having 603
custody or control of a child treats the physical or mental 604
illness or defect of the child by spiritual means through prayer 605
alone, in accordance with the tenets of a recognized religious 606
body. 607
(B) No person shall do any of the following to a child 609
under eighteen years of age or a mentally or physically 610
handicapped child under twenty-one years of age: 611
(1) Abuse the child; 613
(2) Torture or cruelly abuse the child; 615
(3) Administer corporal punishment or other physical 617
disciplinary measure, or physically restrain the child in a cruel 618
manner or for a prolonged period, which punishment, discipline, 619
or restraint is excessive under the circumstances and creates a 620
substantial risk of serious physical harm to the child; 621
(4) Repeatedly administer unwarranted disciplinary 623
measures to the child, when there is a substantial risk that such 624
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conduct, if continued, will seriously impair or retard the 625
child's mental health or development; 626
(5) Entice, coerce, permit, encourage, compel, hire, 628
employ, use, or allow the child to act, model, or in any other 629
way participate in, or be photographed for, the production, 630
presentation, dissemination, or advertisement of any material or 631
performance that the offender knows or reasonably should know is 633
obscene, is sexually oriented matter, or is nudity-oriented 634
matter.
(C)(1) No person shall operate a vehicle, streetcar, or 636
trackless trolley within this state and in violation of division 637
(A) of section 4511.19 of the Revised Code when one or more 638
children under eighteen years of age are in the vehicle, 639
streetcar, or trackless trolley. Notwithstanding any other 640
provision of law, a person may be convicted at the same trial or 641
proceeding of a violation of this division and a violation of 642
division (A) of section 4511.19 of the Revised Code that 643
constitutes the basis of the charge of the violation of this 644
division. For purposes of section 4511.191 of the Revised Code 645
and all related provisions of law, a person arrested for a 646
violation of this division shall be considered to be under arrest 647
for operating a vehicle while under the influence of alcohol, a 648
drug of abuse, or alcohol and a drug of abuse or for operating a 649
vehicle with a prohibited concentration of alcohol in the blood, 650
breath, or urine. 651
(2) As used in division (C)(1) of this section, "vehicle," 653
"streetcar," and "trackless trolley" have the same meanings as in 654
section 4511.01 of the Revised Code. 655
(D)(1) Division (B)(5) of this section does not apply to 657
any material or performance that is produced, presented, or 658
disseminated for a bona fide medical, scientific, educational, 659
religious, governmental, judicial, or other proper purpose, by or 660
to a physician, psychologist, sociologist, scientist, teacher, 661
person pursuing bona fide studies or research, librarian, 662
17
clergyman, prosecutor, judge, or other person having a proper 663
interest in the material or performance. 664
(2) Mistake of age is not a defense to a charge under 666
division (B)(5) of this section. 667
(3) In a prosecution under division (B)(5) of this 669
section, the trier of fact may infer that an actor, model, or 670
participant in the material or performance involved is a juvenile 671
if the material or performance, through its title, text, visual 672
representation, or otherwise, represents or depicts the actor, 673
model, or participant as a juvenile. 674
(4) As used in this division and division (B)(5) of this 676
section: 677
(a) "Material," "performance," "obscene," and "sexual 679
activity" have the same meanings as in section 2907.01 of the 680
Revised Code. 681
(b) "Nudity-oriented matter" means any material or 683
performance that shows a minor in a state of nudity and that, 684
taken as a whole by the average person applying contemporary 685
community standards, appeals to prurient interest. 686
(c) "Sexually oriented matter" means any material or 688
performance that shows a minor participating or engaging in 689
sexual activity, masturbation, or bestiality. 690
(E)(1) Whoever violates this section is guilty of 692
endangering children. 693
(2) If the offender violates division (A) or (B)(1) of 695
this section, endangering children is one of the following: 696
(a) Except as otherwise provided in division (E)(2)(b) or 699
(c) of this section, a misdemeanor of the first degree;
(b) If the offender previously has been convicted of an 702
offense under this section or of any offense involving neglect, 703
abandonment, contributing to the delinquency of, or physical 704
abuse of a child, except as otherwise provided in division 705
(E)(2)(c) of this section, a felony of the fourth degree; 706
(c) If the violation results in serious physical harm to 708
18
the child involved, a felony of the third degree. 709
(3) If the offender violates division (B)(2), (3), or (4) 711
of this section, except as otherwise provided in this division, 712
endangering children is a felony of the third degree. If the 714
violation results in serious physical harm to the child involved, 716
or if the offender previously has been convicted of an offense 717
under this section or of any offense involving neglect, 718
abandonment, contributing to the delinquency of, or physical 719
abuse of a child, endangering children is a felony of the second 720
degree.
(4) If the offender violates division (B)(5) of this 723
section, endangering children is a felony of the second degree. 724
(5) If the offender violates division (C) of this section, 726
the offender shall be punished as follows: 727
(a) Except as otherwise provided in division (E)(5)(b) or 730
(c) of this section, endangering children in violation of
division (C) of this section is a misdemeanor of the first 732
degree.
(b) If the violation results in serious physical harm to 734
the child involved or the offender previously has been convicted 735
of an offense under this section or any offense involving 736
neglect, abandonment, contributing to the delinquency of, or 737
physical abuse of a child, except as otherwise provided in 738
division (E)(5)(c) of this section, endangering children in 740
violation of division (C) of this section is a felony of the 742
fifth degree.
(c) If the violation results in serious physical harm to 744
the child involved and if the offender previously has been 745
convicted of a violation of division (C) of this section, section 746
2903.06, 2903.07, or 2903.08 of the Revised Code, or section 747
2903.04 of the Revised Code in a case in which the offender was 748
subject to the sanctions described in division (D) of that 749
section, endangering children in violation of division (C) of 750
this section is a felony of the fourth degree. 751
19
(d) In addition to any term of imprisonment, fine, or 753
other sentence, penalty, or sanction it imposes upon the offender 754
pursuant to division (E)(5)(a), (b), or (c) of this section or 755
pursuant to any other provision of law, the court also may impose 756
upon the offender one or both of the following sanctions: 757
(i) It may require the offender, as part of the offender's 759
sentence and in the manner described in division (F) of this 760
section, to perform not more than two hundred hours of supervised 761
community service work under the authority of any agency, 762
political subdivision, or charitable organization of the type 763
described in division (F)(1) of section 2951.02 of the Revised 765
Code, provided that the court shall not require the offender to 766
perform supervised community service work under this division 767
unless the offender agrees to perform the supervised community 768
service work.
(ii) It may suspend the driver's or commercial driver's 770
license or permit or nonresident operating privilege of the 771
offender for up to ninety days, in addition to any suspension or 772
revocation of the offender's driver's or commercial driver's 773
license or permit or nonresident operating privilege under 774
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or 775
under any other provision of law. 776
(e) In addition to any term of imprisonment, fine, or 778
other sentence, penalty, or sanction imposed upon the offender 779
pursuant to division (E)(5)(a), (b), (c), or (d) of this section 780
or pursuant to any other provision of law for the violation of 781
division (C) of this section, if as part of the same trial or 782
proceeding the offender also is convicted of or pleads guilty to 783
a separate charge charging the violation of division (A) of 784
section 4511.19 of the Revised Code that was the basis of the 785
charge of the violation of division (C) of this section, the 786
offender also shall be sentenced, in accordance with section 787
4511.99 of the Revised Code, for that violation of division (A) 788
of section 4511.19 of the Revised Code and also shall be subject 789
20
to all other sanctions that are required or authorized by any 790
provision of law for that violation of division (A) of section 791
4511.19 of the Revised Code. 792
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of 794
this section, requires an offender to perform supervised 795
community service work under the authority of an agency, 796
subdivision, or charitable organization, the requirement shall be 797
part of the community control sanction or sentence of the 798
offender, and the court shall impose the community service in 800
accordance with and subject to divisions (F)(1)(a) and (b) of 801
this section. The court may require an offender whom it requires 802
to perform supervised community service work as part of the 803
offender's community control sanction or sentence to pay the 804
court a reasonable fee to cover the costs of the offender's 806
participation in the work, including, but not limited to, the 808
costs of procuring a policy or policies of liability insurance to 809
cover the period during which the offender will perform the work. 810
If the court requires the offender to perform supervised 811
community service work as part of the offender's community 812
control sanction or sentence, the court shall do so in accordance 813
with the following limitations and criteria: 814
(i) The court shall require that the community service 816
work be performed after completion of the term of imprisonment 817
imposed upon the offender for the violation of division (C) of 818
this section, if applicable. 819
(ii) The supervised community service work shall be 821
subject to the limitations set forth in divisions (F)(1)(a) to 823
(c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in 825
the manner described in division (F)(1)(d) of section 2951.02 of 826
the Revised Code by an official or person with the qualifications 827
described in that division. The official or person periodically 828
shall report in writing to the court concerning the conduct of 829
the offender in performing the work.
21
(iv) The court shall inform the offender in writing that 831
if the offender does not adequately perform, as determined by the 833
court, all of the required community service work, the court may
order that the offender be committed to a jail or workhouse for a 834
period of time that does not exceed the term of imprisonment that 835
the court could have imposed upon the offender for the violation 836
of division (C) of this section, reduced by the total amount of 837
time that the offender actually was imprisoned under the sentence 838
or term that was imposed upon the offender for that violation and 839
by the total amount of time that the offender was confined for 840
any reason arising out of the offense for which the offender was 841
convicted and sentenced as described in sections 2949.08 and 843
2967.191 of the Revised Code, and that, if the court orders that 844
the offender be so committed, the court is authorized, but not 845
required, to grant the offender credit upon the period of the 846
commitment for the community service work that the offender 847
adequately performed.
(b) If a court, pursuant to this division and division 849
(E)(5)(d)(i) of this section, orders an offender to perform 850
community service work as part of the offender's community 851
control sanction or sentence and if the offender does not 853
adequately perform all of the required community service work, as 854
determined by the court, the court may order that the offender be 855
committed to a jail or workhouse for a period of time that does 856
not exceed the term of imprisonment that the court could have 857
imposed upon the offender for the violation of division (C) of 858
this section, reduced by the total amount of time that the 859
offender actually was imprisoned under the sentence or term that 860
was imposed upon the offender for that violation and by the total 861
amount of time that the offender was confined for any reason 862
arising out of the offense for which the offender was convicted 864
and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code. The court may order that a person committed 865
pursuant to this division shall receive hour-for-hour credit upon 866
22
the period of the commitment for the community service work that 867
the offender adequately performed. No commitment pursuant to 869
this division shall exceed the period of the term of imprisonment 870
that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the 871
total amount of time that the offender actually was imprisoned 872
under that sentence or term and by the total amount of time that 873
the offender was confined for any reason arising out of the 874
offense for which the offender was convicted and sentenced as 875
described in sections 2949.08 and 2967.191 of the Revised Code. 876
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do 878
not limit or affect the authority of the court to suspend the 879
sentence imposed upon a misdemeanor offender and place the 880
offender on probation or otherwise suspend the sentence pursuant 881
to sections 2929.51 and 2951.02 of the Revised Code, to require 882
the misdemeanor offender, as a condition of the offender's 883
probation or of otherwise suspending the offender's sentence, to 884
perform supervised community service work in accordance with 886
division (F) of section 2951.02 of the Revised Code, or to place 888
a felony offender under a community control sanction. 890
(G) If a court suspends an offender's driver's or 892
commercial driver's license or permit or nonresident operating 893
privilege under division (E)(5)(d)(ii) of this section, the 894
period of the suspension shall be consecutive to, and commence 895
after, the period of suspension or revocation of the offender's 896
driver's or commercial driver's license or permit or nonresident 897
operating privilege that is imposed under Chapter 4506., 4507., 898
4509., or 4511. of the Revised Code or under any other provision 899
of law in relation to the violation of division (C) of this 900
section that is the basis of the suspension under division 901
(E)(5)(d)(ii) of this section or in relation to the violation of 902
division (A) of section 4511.19 of the Revised Code that is the 903
basis for that violation of division (C) of this section. 904
If an offender's license, permit, or privilege has been 906
23
suspended under division (E)(5)(d)(ii) of this section and the 907
offender, within the preceding seven years, has been convicted of 908
or pleaded guilty to three or more violations of division (C) of 909
this section, division (A) or (B) of section 4511.19 of the 910
Revised Code, a municipal ordinance relating to operating a 911
vehicle while under the influence of alcohol, a drug of abuse, or 912
alcohol and a drug of abuse, a municipal ordinance relating to 913
operating a vehicle with a prohibited concentration of alcohol in 914
the blood, breath, or urine, section 2903.04 of the Revised Code 915
in a case in which the offender was subject to the sanctions 917
described in division (D) of that section, section 2903.06, 918
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised 919
Code in a case in which the jury or judge found that the offender 921
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, or a statute of THE UNITED STATES OR OF any 923
other state or a municipal ordinance of a municipal corporation 924
located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code, the 926
offender is not entitled to request, and the court shall not 927
grant to the offender, occupational driving privileges under this 928
division. Any other offender whose license, permit, or 929
nonresident operating privilege has been suspended under division 930
(E)(5)(d)(ii) of this section may file with the sentencing court 931
a petition alleging that the suspension would seriously affect 932
the offender's ability to continue employment. Upon satisfactory 933
proof that there is reasonable cause to believe that the 934
suspension would seriously affect the offender's ability to 935
continue employment, the court may grant the offender 936
occupational driving privileges during the period during which 937
the suspension otherwise would be imposed, except that the court 938
shall not grant occupational driving privileges for employment as 939
a driver of commercial motor vehicles to any person who is 940
disqualified from operating a commercial motor vehicle under 941
24
section 2301.374 or 4506.16 of the Revised Code. 942
(H)(1) If a person violates division (C) of this section 944
and if, at the time of the violation, there were two or more 945
children under eighteen years of age in the motor vehicle 946
involved in the violation, the offender may be convicted of a 947
violation of division (C) of this section for each of the 948
children, but the court may sentence the offender for only one of 949
the violations. 950
(2)(a) If a person is convicted of or pleads guilty to a 952
violation of division (C) of this section but the person is not 953
also convicted of and does not also plead guilty to a separate 954
charge charging the violation of division (A) of section 4511.19 955
of the Revised Code that was the basis of the charge of the 956
violation of division (C) of this section, both of the following 957
apply: 958
(i) For purposes of the provisions of section 4511.99 of 960
the Revised Code that set forth the penalties and sanctions for a 961
violation of division (A) of section 4511.19 of the Revised Code, 962
the conviction of or plea of guilty to the violation of division 963
(C) of this section shall not constitute a violation of division 964
(A) of section 4511.19 of the Revised Code; 965
(ii) For purposes of any provision of law that refers to a 967
conviction of or plea of guilty to a violation of division (A) of 968
section 4511.19 of the Revised Code and that is not described in 969
division (H)(2)(a)(i) of this section, the conviction of or plea 970
of guilty to the violation of division (C) of this section shall 971
constitute a conviction of or plea of guilty to a violation of 972
division (A) of section 4511.19 of the Revised Code. 973
(b) If a person is convicted of or pleads guilty to a 975
violation of division (C) of this section and the person also is 976
convicted of or pleads guilty to a separate charge charging the 977
violation of division (A) of section 4511.19 of the Revised Code 978
that was the basis of the charge of the violation of division (C) 979
of this section, the conviction of or plea of guilty to the 980
25
violation of division (C) of this section shall not constitute, 981
for purposes of any provision of law that refers to a conviction 982
of or plea of guilty to a violation of division (A) of section 983
4511.19 of the Revised Code, a conviction of or plea of guilty to 984
a violation of division (A) of section 4511.19 of the Revised 985
Code. 986
(I) As used in this section, "community control sanction" 989
has the same meaning as in section 2929.01 of the Revised Code. 991
Sec. 4501.01. As used in this chapter and Chapters 4503., 1,000
4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the 1,001
Revised Code, and in the penal laws, except as otherwise 1,002
provided: 1,003
(A) "Vehicles" means everything on wheels or runners, 1,005
including motorized bicycles, but does not mean vehicles that are 1,006
operated exclusively on rails or tracks or from overhead electric 1,007
trolley wires and vehicles that belong to any police department, 1,008
municipal fire department, or volunteer fire department, or that 1,009
are used by such a department in the discharge of its functions. 1,010
(B) "Motor vehicle" means any vehicle, including 1,012
manufactured homes and recreational vehicles, that is propelled 1,013
or drawn by power other than muscular power or power collected 1,014
from overhead electric trolley wires, except motorized bicycles, 1,015
road rollers, traction engines, power shovels, power cranes, and 1,016
other equipment used in construction work and not designed for or 1,017
employed in general highway transportation, well-drilling 1,018
machinery, ditch-digging machinery, farm machinery, trailers that 1,019
are used to transport agricultural produce or agricultural 1,020
production materials between a local place of storage or supply 1,021
and the farm when drawn or towed on a public road or highway at a 1,022
speed of twenty-five miles per hour or less, threshing machinery, 1,023
hay-baling machinery, corn sheller, hammermill and agricultural 1,024
tractors, machinery used in the production of horticultural, 1,025
agricultural, and vegetable products, and trailers that are 1,026
designed and used exclusively to transport a boat between a place 1,027
26
of storage and a marina, or in and around a marina, when drawn or 1,028
towed on a public road or highway for a distance of no more than 1,029
ten miles and at a speed of twenty-five miles per hour or less. 1,030
(C) "Agricultural tractor" and "traction engine" mean any 1,032
self-propelling vehicle that is designed or used for drawing 1,033
other vehicles or wheeled machinery, but has no provisions for 1,034
carrying loads independently of such other vehicles, and that is 1,035
used principally for agricultural purposes. 1,036
(D) "Commercial tractor," except as defined in division 1,038
(C) of this section, means any motor vehicle that has motive 1,039
power and either is designed or used for drawing other motor 1,040
vehicles, or is designed or used for drawing another motor 1,042
vehicle while carrying a portion of the other motor vehicle or 1,043
its load, or both.
(E) "Passenger car" means any motor vehicle that is 1,045
designed and used for carrying not more than nine persons and 1,046
includes any motor vehicle that is designed and used for carrying 1,047
not more than fifteen persons in a ridesharing arrangement. 1,048
(F) "Collector's vehicle" means any motor vehicle or 1,050
agricultural tractor or traction engine that is of special 1,051
interest, that has a fair market value of one hundred dollars or 1,052
more, whether operable or not, and that is owned, operated, 1,053
collected, preserved, restored, maintained, or used essentially 1,054
as a collector's item, leisure pursuit, or investment, but not as 1,055
the owner's principal means of transportation. "Licensed 1,056
collector's vehicle" means a collector's vehicle, other than an 1,057
agricultural tractor or traction engine, that displays current, 1,058
valid license tags issued under section 4503.45 of the Revised 1,059
Code, or a similar type of motor vehicle that displays current, 1,060
valid license tags issued under substantially equivalent 1,061
provisions in the laws of other states. 1,062
(G) "Historical motor vehicle" means any motor vehicle 1,064
that is over twenty-five years old and is owned solely as a 1,065
collector's item and for participation in club activities, 1,066
27
exhibitions, tours, parades, and similar uses, but that in no 1,067
event is used for general transportation. 1,068
(H) "Noncommercial motor vehicle" means any motor vehicle, 1,070
including a farm truck as defined in section 4503.04 of the 1,071
Revised Code, that is designed by the manufacturer to carry a 1,072
load of no more than one ton and is used exclusively for purposes 1,073
other than engaging in business for profit. 1,074
(I) "Bus" means any motor vehicle that has motor power and 1,077
is designed and used for carrying more than nine passengers,
except any motor vehicle that is designed and used for carrying 1,078
not more than fifteen passengers in a ridesharing arrangement. 1,079
(J) "Commercial car" means any motor vehicle that has 1,081
motor power and is designed and used for carrying merchandise or 1,082
freight, or that is used as a commercial tractor. 1,083
(K) "Bicycle" means every device, other than a tricycle 1,085
that is designed solely for use as a play vehicle by a child, 1,087
that is propelled solely by human power upon which any person may 1,088
ride, and that has either two tandem wheels, or one wheel in 1,089
front and two wheels in the rear, any of which is more than 1,090
fourteen inches in diameter.
(L) "Motorized bicycle" means any vehicle that has either 1,092
HAS two tandem wheels or one wheel in the front and two wheels in 1,093
the rear, that is capable of being pedaled, and that is equipped 1,094
with a helper motor of not more than fifty cubic centimeters 1,095
piston displacement that produces no more than one brake 1,096
horsepower and is capable of propelling the vehicle at a speed of 1,097
no greater than twenty miles per hour on a level surface. 1,098
(M) "Trailer" means any vehicle without motive power that 1,101
is designed or used for carrying property or persons wholly on
its own structure and for being drawn by a motor vehicle, and 1,102
includes any such vehicle that is formed by or operated as a 1,103
combination of a semitrailer and a vehicle of the dolly type such 1,104
as that commonly known as a trailer dolly, a vehicle used to 1,105
transport agricultural produce or agricultural production 1,106
28
materials between a local place of storage or supply and the farm 1,107
when drawn or towed on a public road or highway at a speed 1,108
greater than twenty-five miles per hour, and a vehicle that is 1,109
designed and used exclusively to transport a boat between a place 1,110
of storage and a marina, or in and around a marina, when drawn or 1,111
towed on a public road or highway for a distance of more than ten 1,112
miles or at a speed of more than twenty-five miles per hour. 1,113
"Trailer" does not include a manufactured home or travel trailer. 1,114
(N) "Noncommercial trailer" means any trailer, except a 1,116
travel trailer or trailer that is used to transport a boat as 1,117
described in division (B) of this section, but, where applicable, 1,118
includes a vehicle that is used to transport a boat as described 1,119
in division (M) of this section, that has a gross weight of no 1,120
more than three thousand pounds, and that is used exclusively for 1,121
purposes other than engaging in business for a profit. 1,122
(O) "Manufactured home" means any nonself-propelled 1,124
vehicle transportable in one or more sections, which, in the 1,125
traveling mode, is eight body feet or more in width or forty body 1,126
feet or more in length or, when erected on site, is three hundred 1,127
twenty or more square feet, and which is built on a permanent 1,128
chassis and designed to be used as a dwelling with or without a 1,129
permanent foundation when connected to the required utilities, 1,130
and includes the plumbing, heating, air conditioning, and 1,131
electrical systems contained therein. Calculations used to 1,132
determine the number of square feet in a structure are based on 1,133
the structure's exterior dimensions measured at the largest 1,134
horizontal projections when erected on site. These dimensions 1,135
include all expandable rooms, cabinets, and other projections 1,136
containing interior space, but do not include bay windows. 1,137
(P) "Semitrailer" means any vehicle of the trailer type 1,139
that does not have motive power and is so designed or used with 1,140
another and separate motor vehicle that in operation a part of 1,141
its own weight or that of its load, or both, rests upon and is 1,142
carried by the other vehicle furnishing the motive power for 1,143
29
propelling itself and the vehicle referred to in this division, 1,144
and includes, for the purpose only of registration and taxation 1,145
under those chapters, any vehicle of the dolly type, such as a 1,146
trailer dolly, that is designed or used for the conversion of a 1,147
semitrailer into a trailer. 1,148
(Q) "Recreational vehicle" means a vehicular portable 1,150
structure that is designed and constructed to be used as a 1,151
temporary dwelling for travel, recreational, and vacation uses 1,152
and is classed as follows: 1,153
(1) "Travel trailer" means a nonself-propelled 1,155
recreational vehicle that does not exceed an overall length of 1,156
thirty-five feet, exclusive of bumper and tongue or coupling, and 1,157
includes a tent-type fold-out camping trailer as defined in 1,158
section 4517.01 of the Revised Code. 1,159
(2) "Motor home" means a self-propelled recreational 1,161
vehicle that is constructed with permanently installed facilities 1,162
for cold storage, cooking and consuming of food, and for 1,163
sleeping.
(3) "Truck camper" means a nonself-propelled recreational 1,165
vehicle that does not have wheels for road use and is designed to 1,166
be placed upon and attached to a motor vehicle. "Truck camper" 1,167
does not include truck covers that consist of walls and a roof, 1,168
but do not have floors and facilities enabling them to be used as 1,169
a dwelling.
(4) "Fifth wheel trailer" means a vehicle that is of such 1,171
size and weight as to be movable without a special highway 1,172
permit, that has a gross trailer area of four hundred square feet 1,173
or less, that is constructed with a raised forward section that 1,174
allows a bi-level floor plan, and that is designed to be towed by
a vehicle equipped with a fifth-wheel hitch ordinarily installed 1,175
in the bed of a truck. 1,176
(5) "Park trailer" means a vehicle that is commonly known 1,178
as a park model recreational vehicle, meets the American national 1,179
standard institute standard A119.5 (1988) for park trailers, is 1,180
30
built on a single chassis, has a gross trailer area of four 1,181
hundred square feet or less when set up, is designed for seasonal 1,182
or temporary living quarters, and may be connected to utilities
necessary for the operation of installed features and appliances. 1,183
(R) "Pneumatic tires" means tires of rubber and fabric or 1,185
tires of similar material, that are inflated with air. 1,186
(S) "Solid tires" means tires of rubber or similar elastic 1,188
material that are not dependent upon confined air for support of 1,189
the load.
(T) "Solid tire vehicle" means any vehicle that is 1,191
equipped with two or more solid tires. 1,192
(U) "Farm machinery" means all machines and tools that are 1,194
used in the production, harvesting, and care of farm products, 1,195
and includes trailers that are used to transport agricultural 1,196
produce or agricultural production materials between a local 1,197
place of storage or supply and the farm when drawn or towed on a 1,198
public road or highway at a speed of twenty-five miles per hour 1,199
or less.
(V) "Owner" includes any person, firm, or corporation 1,201
other than a manufacturer or dealer that has title to a motor 1,202
vehicle, except that in sections 4505.01 to 4505.19 of the 1,203
Revised Code, "owner" includes in addition manufacturers and 1,204
dealers.
(W) "Manufacturer" and "dealer" include all persons, 1,206
firms, and corporations that are regularly engaged in the 1,207
business of manufacturing, selling, displaying, offering for 1,208
sale, or dealing in motor vehicles, at an established place of 1,209
business that is used exclusively for the purpose of 1,210
manufacturing, selling, displaying, offering for sale, or dealing 1,211
in motor vehicles. A place of business that is used for 1,212
manufacturing, selling, displaying, offering for sale, or dealing 1,213
in motor vehicles shall be deemed to be used exclusively for 1,214
those purposes even though snowmobiles or all-purpose vehicles 1,215
are sold or displayed for sale thereat, even though farm 1,216
31
machinery is sold or displayed for sale thereat, or even though 1,217
repair, accessory, gasoline and oil, storage, parts, service, or 1,218
paint departments are maintained thereat, or, in any county 1,219
having a population of less than seventy-five thousand persons at 1,220
the last federal census, even though a department in a place of 1,221
business is used to dismantle, salvage, or rebuild motor vehicles 1,222
by means of used parts, if such departments are operated for the 1,223
purpose of furthering and assisting in the business of 1,224
manufacturing, selling, displaying, offering for sale, or dealing 1,225
in motor vehicles. Places of business or departments in a place 1,226
of business used to dismantle, salvage, or rebuild motor vehicles 1,227
by means of using used parts are not considered as being 1,228
maintained for the purpose of assisting or furthering the 1,229
manufacturing, selling, displaying, and offering for sale or 1,230
dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates 1,232
a motor vehicle upon the public highways. 1,233
(Y) "Chauffeur" means any operator who operates a motor 1,235
vehicle, other than a taxicab, as an employee for hire; or any 1,236
operator whether or not the owner of a motor vehicle, other than 1,237
a taxicab, who operates such vehicle for transporting, for gain, 1,238
compensation, or profit, either persons or property owned by 1,239
another. Any operator of a motor vehicle who is voluntarily 1,240
involved in a ridesharing arrangement is not considered an 1,241
employee for hire or operating such vehicle for gain, 1,242
compensation, or profit.
(Z) "State" includes the territories and federal districts 1,244
of the United States, and the provinces of Canada. 1,245
(AA) "Public roads and highways" for vehicles includes all 1,247
public thoroughfares, bridges, and culverts. 1,248
(BB) "Manufacturer's number" means the manufacturer's 1,250
original serial number that is affixed to or imprinted upon the 1,251
chassis or other part of the motor vehicle. 1,252
(CC) "Motor number" means the manufacturer's original 1,254
32
number that is affixed to or imprinted upon the engine or motor 1,255
of the vehicle. 1,256
(DD) "Bill of sale" means the written statement or 1,258
document of transfer or conveyance required prior to January 1, 1,259
1938, to be executed and delivered by the corporation, 1,260
partnership, association, or person selling, giving away, 1,261
transferring, or passing title to a motor vehicle. 1,262
(EE) "Distributor" means any person who is authorized by a 1,264
motor vehicle manufacturer to distribute new motor vehicles to 1,265
licensed motor vehicle dealers at an established place of 1,266
business that is used exclusively for the purpose of distributing 1,267
new motor vehicles to licensed motor vehicle dealers, except when 1,268
the distributor also is a new motor vehicle dealer, in which case 1,269
the distributor may distribute at the location of the 1,270
distributor's licensed dealership. 1,271
(FF) "Ridesharing arrangement" means the transportation of 1,273
persons in a motor vehicle where the transportation is incidental 1,275
to another purpose of a volunteer driver and includes ridesharing 1,276
arrangements known as carpools, vanpools, and buspools. 1,277
(GG) "Apportionable vehicle" means any vehicle that is 1,279
used or intended for use in two or more international 1,280
registration plan member jurisdictions that allocate or 1,281
proportionally register vehicles, that is used for the 1,282
transportation of persons for hire or designed, used, or 1,283
maintained primarily for the transportation of property, and that 1,284
meets any of the following qualifications:
(1) Is a power unit having a gross vehicle weight in 1,286
excess of twenty-six thousand pounds; 1,287
(2) Is a power unit having three or more axles, regardless 1,289
of the gross vehicle weight; 1,290
(3) Is a combination vehicle with a gross vehicle weight 1,292
in excess of twenty-six thousand pounds. 1,293
"Apportionable vehicle" does not include recreational 1,295
vehicles, vehicles displaying restricted plates, city pick-up and 1,296
33
delivery vehicles, buses used for the transportation of chartered 1,297
parties, or vehicles owned and operated by the United States, 1,298
this state, or any political subdivisions thereof. 1,299
(HH) "Chartered party" means a group of persons who 1,301
contract as a group to acquire the exclusive use of a 1,302
passenger-carrying motor vehicle at a fixed charge for the 1,303
vehicle in accordance with the carrier's tariff, lawfully on file 1,304
with the interstate commerce commission UNITED STATES DEPARTMENT 1,306
OF TRANSPORTATION, for the purpose of group travel to a specified 1,307
destination or for a particular itinerary, either agreed upon in 1,308
advance or modified by the chartered group after having left the 1,309
place of origin.
(II) "International registration plan" means a reciprocal 1,311
agreement of member jurisdictions that is endorsed by the 1,312
American association of motor vehicle administrators, and that 1,313
promotes and encourages the fullest possible use of the highway 1,314
system by authorizing apportioned registration of fleets of 1,315
vehicles and recognizing registration of vehicles apportioned in 1,316
member jurisdictions. 1,317
(JJ) "Restricted plate" means a license plate that has a 1,319
restriction of time, geographic area, mileage, or commodity, and 1,320
includes license plates issued to farm trucks under division (K) 1,321
of section 4503.04 of the Revised Code. 1,322
(KK) "Gross vehicle weight," with regard to any commercial 1,324
car, trailer, semitrailer, or bus that is taxed at the rates 1,325
established under section 4503.042 of the Revised Code, means the 1,326
unladen weight of the vehicle fully equipped plus the maximum 1,327
weight of the load to be carried on the vehicle. 1,328
(LL) "Combined gross vehicle weight" with regard to any 1,330
combination of a commercial car, trailer, and semitrailer, that 1,331
is taxed at the rates established under section 4503.042 of the 1,332
Revised Code, means the total unladen weight of the combination 1,333
of vehicles fully equipped plus the maximum weight of the load to 1,334
be carried on that combination of vehicles. 1,335
34
(MM) "Chauffeured limousine" means a motor vehicle that is 1,338
designed to carry fewer than nine OR FEWER passengers and is 1,339
operated for hire on an hourly basis pursuant to a prearranged 1,340
contract for the transportation of passengers on public roads and 1,341
highways along a route under the control of the person hiring the 1,342
vehicle and not over a defined and regular route. "Prearranged 1,343
contract" means an agreement, made in advance of boarding, to 1,344
provide transportation from a specific location in a chauffeured 1,345
limousine at a fixed rate per hour or trip. "Chauffeured 1,346
limousine" does not include any vehicle that is used exclusively 1,347
in the business of funeral directing. 1,348
Sec. 4501.021. (A) The registrar of motor vehicles may 1,357
dispose of all motor vehicle bureau records OF THE BUREAU OF 1,358
MOTOR VEHICLES pursuant to section 149.34 of the Revised Code. 1,359
The disposal of all records shall not take place when the 1,361
registrar has received notice that a court case or other legal 1,362
action is pending involving such records. 1,363
Any surplus from the sale of such records, after paying the 1,365
cost of administering the destruction or sale of such records, 1,366
shall be paid into the state treasury. 1,367
(B) EACH DEPUTY REGISTRAR SHALL RETAIN IN THE DEPUTY 1,370
REGISTRAR'S OFFICE A FILE CONTAINING COPIES OF ALL RECORDS AND 1,371
TRANSACTIONS PERFORMED FOR THE BUREAU. COPIES OF MOTOR VEHICLE 1,372
REGISTRATION APPLICATIONS SHALL BE RETAINED FOR A PERIOD OF 1,373
EIGHTEEN MONTHS FROM THE DATE OF THE RECORD OR TRANSACTION, 1,374
WHICHEVER IS LATER; COPIES OF DRIVER'S LICENSE OR IDENTIFICATION 1,375
CARD APPLICATIONS SHALL BE RETAINED FOR A PERIOD OF FOUR YEARS 1,376
FROM THE DATE OF THE RECORD OR TRANSACTION, WHICHEVER IS LATER; 1,377
AND ALL OTHER RECORDS SHALL BE RETAINED FOR A PERIOD OF THREE 1,378
YEARS FROM THE DATE OF THE RECORD OR TRANSACTION, WHICHEVER IS 1,379
LATER. THE RETAINED RECORDS SHALL BE AVAILABLE FOR PUBLIC 1,380
EXAMINATION, BUT NO PERSON MAY MAKE COPIES OF THE RECORDS FOR 1,381
SALE OR DISTRIBUTION.
Sec. 4501.25. There is hereby created in the state 1,390
35
treasury the state bureau of motor vehicles fund. The fund shall 1,391
consist of all money collected by the registrar of motor 1,392
vehicles, including taxes, fees, and fines levied, charged, or 1,393
referred to in Chapters 4501., 4503., 4505., 4506., 4507., 4509.,
4511., 4517., 4519., 4521., and sections 2301.374, 2935.27, 1,394
2937.221, 3407.168, 4738.06, 4738.13, and 4738.18 of the Revised 1,396
Code unless otherwise designated by law. The fund shall be used 1,397
to pay the expenses of administering the law relative to the 1,398
powers and duties of the registrar of motor vehicles. All
investment earnings of the fund shall be retained by the fund. 1,399
Sec. 4503.10. (A) Except as provided in section 4503.103 1,410
of the Revised Code, every owner of a motor vehicle and every 1,411
person mentioned as owner in the last certificate of title, bill 1,412
of sale, or sworn statement of ownership of a motor vehicle which 1,413
THAT is operated or driven upon the public roads or highways 1,414
shall cause to be filed each year, by mail or otherwise, in the 1,415
office of the registrar of motor vehicles or a deputy registrar, 1,416
a written application or a preprinted registration renewal notice 1,417
issued under section 4503.102 of the Revised Code, the form of 1,418
which shall be prescribed by the registrar, for registration for 1,419
the following registration year, which shall begin on the first 1,420
day of January of every calendar year and end on the thirty-first 1,421
day of December in the same year. Applications for registration 1,422
and registration renewal notices shall be filed at the times 1,423
established by the registrar pursuant to section 4503.101 of the 1,424
Revised Code. Except as provided in division (J) of this 1,425
section, applications for registration shall be made on blanks 1,426
furnished by the registrar for that purpose, containing the 1,427
following information: 1,428
(1) A brief description of the motor vehicle to be 1,430
registered, including the name of the manufacturer, the factory 1,431
number of the vehicle, the year's model, and, in the case of 1,432
commercial cars, the gross weight of the vehicle fully equipped 1,433
computed in the manner prescribed in section 4503.08 of the 1,434
36
Revised Code; 1,435
(2) The name and residence address of the owner, and the 1,438
township and municipal corporation in which the owner resides; 1,440
(3) The district of registration, which shall be 1,442
determined as follows: 1,443
(a) In case the motor vehicle to be registered is used for 1,445
hire or principally in connection with any established business 1,446
or branch business, conducted at a particular place, the district 1,447
of registration is the municipal corporation in which that place 1,448
is located or, if not located in any municipal corporation, the 1,449
county and township in which that place is located. 1,450
(b) In case the vehicle is not so used, the district of 1,452
registration is the municipal corporation or county in which the 1,453
owner resides at the time of making the application. 1,454
(4) Whether the motor vehicle is a new or used motor 1,456
vehicle; 1,457
(5) The date of purchase of the motor vehicle; 1,459
(6) Whether the fees required to be paid for the 1,461
registration or transfer of the motor vehicle, during the 1,462
preceding registration year and during the preceding period of 1,463
the current registration year, have been paid. Each application 1,464
for registration shall be signed by the owner, directly or 1,465
pursuant to obtaining a limited power of attorney authorized by 1,466
the registrar for registration, or other document authorizing 1,467
such signature. 1,468
(7) The owner's social security number, if assigned, or, 1,470
where a motor vehicle to be registered is used for hire or 1,471
principally in connection with any established business, the 1,472
owner's federal taxpayer identification number. 1,473
(B) Each time the applicant first registers a motor 1,475
vehicle in the applicant's name, the applicant shall present for 1,477
inspection proper bills of sale or sworn statement of ownership, 1,478
the originals of which have been filed with the clerk of the 1,479
court of common pleas, or a certificate of the clerk certifying 1,480
37
that such bills of sale or sworn statement of ownership have been 1,481
filed with the clerk, or a certificate of title or a memorandum 1,482
certificate showing title to the motor vehicle to be registered 1,483
in the applicant. When a motor vehicle inspection and 1,484
maintenance program is in effect under section 3704.14 of the 1,485
Revised Code and rules adopted under it, each application for 1,486
registration for a vehicle required to be inspected under that 1,487
section and those rules shall be accompanied by an inspection 1,488
certificate for the motor vehicle issued in accordance with that 1,489
section. The application shall be refused if any of the 1,490
following applies:
(1) The application is not in proper form. 1,492
(2) The application is prohibited from being accepted by 1,494
division (D) of section 2935.27, division (A) of section 1,495
2937.221, division (B) of section 4507.168, or division (B)(1) of 1,496
section 4521.10 of the Revised Code.
(3) When applicable, proper bills of sale or sworn 1,498
statement of ownership or proper certificate thereof or 1,499
certificate of title or memorandum certificate does not accompany 1,500
the application. 1,501
(4) All registration and transfer fees for the motor 1,503
vehicle, for the preceding year or the preceding period of the 1,504
current registration year, have not been paid. 1,505
(5) The owner or lessee does not have an inspection 1,507
certificate for the motor vehicle as provided in section 3704.14 1,508
of the Revised Code, and rules adopted under it, if that section 1,509
is applicable. 1,510
This section does not require the payment of license or 1,512
registration taxes on a motor vehicle for any preceding year, or 1,513
for any preceding period of a year, if the motor vehicle was not 1,514
taxable for that preceding year or period under sections 4503.02, 1,515
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the 1,516
Revised Code. When a certificate of registration is issued upon 1,517
the first registration of a motor vehicle by or on behalf of the 1,518
38
owner, the official issuing the certificate shall indicate the 1,519
issuance with a stamp on the certificate of title or memorandum 1,520
certificate and on the inspection certificate for the motor 1,521
vehicle, if any. The official also shall indicate, by a stamp or 1,522
by such other means as the registrar prescribes, on the 1,523
registration certificate issued upon the first registration of a 1,524
motor vehicle by or on behalf of the owner the odometer reading 1,525
of the motor vehicle as shown in the odometer statement included 1,526
in or attached to the certificate of title. Upon each subsequent 1,527
registration of the motor vehicle by or on behalf of the same 1,528
owner, the official also shall so indicate the odometer reading 1,529
of the motor vehicle as shown on the immediately preceding 1,530
certificate of registration. 1,531
The registrar shall include in the permanent registration 1,533
record of any vehicle required to be inspected under section 1,534
3704.14 of the Revised Code the inspection certificate number 1,535
from the inspection certificate that is presented at the time of 1,536
registration of the vehicle as required under this division. 1,537
(C) In addition, a charge of twenty-five cents shall be 1,539
made for each reflectorized safety license plate issued, and a 1,540
single charge of twenty-five cents shall be made for each county 1,541
identification sticker or each set of county identification 1,543
stickers issued, as the case may be, to cover the cost of 1,544
producing the license plates and stickers, including material, 1,545
manufacturing, and administrative costs. Those fees shall be in 1,546
addition to the license tax. If the total cost of producing the 1,547
plates is less than twenty-five cents per plate, or if the total 1,548
cost of producing the stickers is less than twenty-five cents per 1,549
sticker or per set issued, any excess moneys accruing from the 1,550
fees shall be distributed in the same manner as provided by 1,551
section 4501.04 of the Revised Code for the distribution of 1,552
license tax moneys. If the total cost of producing the plates 1,553
exceeds twenty-five cents per plate, or if the total cost of 1,554
producing the stickers exceeds twenty-five cents per sticker or 1,555
39
per set issued, the difference shall be paid from the license tax 1,557
moneys collected pursuant to section 4503.02 of the Revised Code. 1,558
(D) Each deputy registrar shall be allowed a fee of two 1,560
dollars and twenty-five cents for each application for 1,561
registration and registration renewal notice the deputy registrar 1,563
receives, which shall be for the purpose of compensating the 1,564
deputy registrar for the deputy registrar's deputy's services, 1,565
and such office and rental expenses, as may be necessary for the 1,567
proper discharge of the deputy registrar's deputy's duties in the 1,569
receiving of applications and renewal notices and the issuing of 1,570
licenses. 1,571
(E) Upon the certification of the registrar, the county 1,573
sheriff or local police officials shall recover license plates 1,574
erroneously or fraudulently issued. 1,575
(F) Each deputy registrar, upon receipt of any application 1,577
for registration or registration renewal notice, together with 1,578
the license fee and any, township motor vehicle license tax, OR 1,579
local motor vehicle license tax levied pursuant to Chapter 4504. 1,581
of the Revised Code, shall transmit that fee and tax, if any, in 1,582
the manner provided in this section, together with the original 1,583
and duplicate copy of the application, to the registrar. The 1,584
registrar, subject to the approval of the director of public 1,585
safety, may deposit the funds collected by those deputies in a 1,586
local bank or depository to the credit of the "state of Ohio, 1,587
bureau of motor vehicles." Where a local bank or depository has 1,589
been designated by the registrar, each deputy registrar shall
deposit all moneys collected by the deputy registrar into that 1,590
bank or depository not more than one business day after their 1,591
collection and shall make reports to the registrar of the amounts 1,593
so deposited, together with any other information, some of which 1,594
may be prescribed by the treasurer of state, as the registrar may 1,595
require and as prescribed by the registrar by rule. The 1,596
registrar, within three days after receipt of notification of the 1,597
deposit of funds by a deputy registrar in a local bank or 1,598
40
depository, shall draw on that account in favor of the treasurer 1,600
of state. The registrar, subject to the approval of the director 1,601
and the treasurer of state, may make reasonable rules necessary 1,602
for the prompt transmittal of fees and for safeguarding the 1,603
interests of the state and of counties, townships, and municipal 1,604
corporations levying county or township motor vehicle license 1,605
taxes, township motor vehicle license taxes, or municipal motor 1,606
vehicle license taxes. The registrar may pay service charges 1,608
usually collected by banks and depositories for such service. If 1,609
deputy registrars are located in communities where banking 1,611
facilities are not available, they shall transmit the fees 1,612
forthwith, by money order or otherwise, as the registrar, by rule 1,613
approved by the director and the treasurer of state, may
prescribe. The registrar may pay the usual and customary fees 1,614
for such service. 1,615
(G) This section does not prevent any person from making 1,617
an application for a motor vehicle license directly to the 1,618
registrar upon payment of a two dollars and twenty-five cents 1,619
service fee for each application. Each deputy registrar shall 1,620
retain in the deputy registrar's deputy's office a copy of each 1,621
application the deputy registrar receives for a period of three 1,623
registration years. This copy shall be for public examination, 1,624
but no person may make copies thereof for sale or distribution. 1,625
(H) No person shall make a false statement as to the 1,627
district of registration in an application required by division 1,628
(A) of this section. Violation of this division is falsification 1,629
under section 2921.13 of the Revised Code and punishable as 1,630
specified in that section. 1,631
(I)(1) Where applicable, the requirements of division (B) 1,633
of this section relating to the presentation of an inspection 1,634
certificate issued under section 3704.14 of the Revised Code and 1,635
rules adopted under it for a motor vehicle, the refusal of a 1,636
license for failure to present an inspection certificate, and the 1,637
stamping of the inspection certificate by the official issuing 1,638
41
the certificate of registration apply to the registration of and 1,639
issuance of license plates for a motor vehicle under sections 1,640
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, 1,641
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, 1,642
4503.47, and 4503.51 of the Revised Code. 1,643
(2)(a) The registrar shall adopt rules ensuring that each 1,645
owner registering a motor vehicle in a county where a motor 1,646
vehicle inspection and maintenance program is in effect under 1,647
section 3704.14 of the Revised Code and rules adopted under it 1,648
receives information about the requirements established in that 1,649
section and those rules and about the need in those counties to 1,650
present an inspection certificate with an application for 1,651
registration or preregistration. 1,652
(b) Upon request, the registrar shall provide the director 1,654
of environmental protection, or any person that has been awarded 1,655
a contract under division (D) of section 3704.14 of the Revised 1,656
Code, an on-line computer data link to registration information 1,657
for all passenger cars, noncommercial motor vehicles, and 1,658
commercial cars that are subject to that section. The registrar 1,659
also shall provide to the director of environmental protection a 1,660
magnetic data tape containing registration information regarding 1,661
passenger cars, noncommercial motor vehicles, and commercial cars 1,662
for which a multi-year registration is in effect under section 1,663
4503.103 of the Revised Code or rules adopted under it, 1,664
including, without limitation, the date of issuance of the 1,665
multi-year registration, the registration deadline established 1,666
under rules adopted under section 4503.101 of the Revised Code 1,667
that was applicable in the year in which the multi-year 1,668
registration was issued, and the registration deadline for 1,669
renewal of the multi-year registration. 1,670
(J) Application for registration under the international 1,672
registration plan, as set forth in sections 4503.60 to 4503.66 of 1,673
the Revised Code, shall be made to the registrar on forms 1,674
furnished by the registrar. In accordance with international 1,675
42
registration plan guidelines and pursuant to rules adopted by the 1,676
registrar, the forms shall include the following: 1,677
(1) A uniform mileage schedule; 1,679
(2) The gross vehicle weight of the vehicle or combined 1,681
gross vehicle weight of the combination vehicle as declared by 1,682
the registrant; 1,683
(3) Any other information the registrar requires by rule. 1,686
Sec. 4503.103. (A) Any THE REGISTRAR OF MOTOR VEHICLES 1,695
MAY ADOPT RULES TO PERMIT ANY person or lessee, other than a 1,696
person receiving an apportioned license plate under the 1,697
international registration plan, who owns or leases twenty TEN or 1,699
more motor vehicles used principally in connection with any 1,700
established business, in accordance with rules adopted by the 1,701
registrar of motor vehicles, may TO file a written application 1,702
for registration for no more than four FIVE succeeding 1,703
registration years. THE RULES ADOPTED BY THE REGISTRAR MAY 1,705
DESIGNATE THE CLASSES OF MOTOR VEHICLES THAT ARE ELIGIBLE FOR 1,706
SUCH REGISTRATION. At the time of application, all annual taxes 1,707
and fees shall be paid for each year for which the person is 1,708
registering. No person applying for a multi-year registration is 1,709
entitled to a refund of any taxes or fees paid. 1,710
The registrar may adopt rules to permit any person, other 1,712
than a person receiving an apportioned license plate under the 1,713
international registration plan, who owns a motor vehicle to file 1,714
an application for registration for the next two succeeding 1,715
registration years. 1,716
The registrar shall not issue to any applicant who has been 1,718
issued a final, nonappealable order under division (B) of this 1,719
section a multi-year registration or renewal thereof under this 1,720
division or rules adopted under it for any motor vehicle that is 1,721
required to be inspected under section 3704.14 of the Revised 1,722
Code the district of registration of which, as determined under 1,723
section 4503.10 of the Revised Code, is or is located in the 1,724
county named in the order. 1,725
43
(B) Upon receipt from the director of environmental 1,727
protection of a notice issued under division (J) of section 1,728
3704.14 of the Revised Code indicating that an owner of a motor 1,729
vehicle that is required to be inspected under that section who 1,730
obtained a multi-year registration for the vehicle under division 1,731
(A) of this section or rules adopted under that division has not 1,732
obtained an inspection certificate for the vehicle in accordance 1,733
with that section in a year intervening between the years of 1,734
issuance and expiration of the multi-year registration in which 1,735
the owner is required to have the vehicle inspected and obtain an 1,736
inspection certificate for it under division (F)(1)(a) of that 1,737
section, the registrar in accordance with Chapter 119. of the 1,738
Revised Code shall issue an order to the owner impounding the 1,739
certificate of registration and identification license plates for 1,740
the vehicle. The order also shall prohibit the owner from 1,741
obtaining or renewing a multi-year registration for any vehicle 1,742
that is required to be inspected under that section, the district 1,743
of registration of which is or is located in the same county as 1,744
the county named in the order during the number of years after 1,745
expiration of the current multi-year registration that equals the 1,746
number of years for which the current multi-year registration was 1,747
issued. 1,748
An order issued under this division shall require the owner 1,750
to surrender to the registrar the certificate of registration and 1,751
license plates for the vehicle named in the order within five 1,752
days after its issuance. If the owner fails to do so within that 1,753
time, the registrar shall certify that fact to the county sheriff 1,754
or local police officials who shall recover the certificate of 1,755
registration and license plates for the vehicle. 1,756
(C) Upon the occurrence of either of the following 1,758
circumstances, the registrar in accordance with Chapter 119. of 1,759
the Revised Code shall issue to the owner a modified order 1,760
rescinding the provisions of the order issued under division (B) 1,761
of this section impounding the certificate of registration and 1,762
44
license plates for the vehicle named in that original order: 1,763
(1) Receipt from the director of environmental protection 1,765
of a subsequent notice under division (J) of section 3704.14 of 1,766
the Revised Code that the owner has obtained the inspection 1,767
certificate for the vehicle as required under division (F)(1)(a) 1,768
of that section; 1,769
(2) Presentation to the registrar by the owner of the 1,771
required inspection certificate for the vehicle. 1,772
(D) The owner of a motor vehicle for which the certificate 1,774
of registration and license plates have been impounded pursuant 1,775
to an order issued under division (B) of this section, upon 1,776
issuance of a modified order under division (C) of this section, 1,777
may apply to the registrar for their return. A fee of two 1,778
dollars and fifty cents shall be charged for the return of the 1,779
certificate of registration and license plates for each vehicle 1,780
named in the application. 1,781
Sec. 4503.12. Upon the transfer of ownership of a motor 1,790
vehicle, the registration of the motor vehicle expires and the 1,792
original owner immediately shall remove the license plates from 1,793
the motor vehicle, except that:
(A) If a statutory merger or consolidation results in the 1,795
transfer of ownership of a motor vehicle from a constituent 1,796
corporation to the surviving corporation, or if the incorporation 1,798
of a proprietorship or partnership results in the transfer of 1,799
ownership of a motor vehicle from the proprietorship or 1,800
partnership to the corporation, the registration shall be
continued upon the filing by the surviving or new corporation, 1,801
within thirty days of such transfer, of an application for an 1,802
amended certificate of registration, unless such registration is 1,803
prohibited by division (D) of section 2935.27, division (A) of 1,804
section 2937.221, division (B) of section 4507.168, or division 1,805
(B)(1) of section 4521.10 of the Revised Code. The application 1,807
shall be accompanied by a service fee of two dollars and 1,808
twenty-five cents, a transfer fee of one dollar, and the original 1,809
45
certificate of registration. Upon a proper filing, the registrar 1,810
of motor vehicles shall issue an amended certificate of 1,811
registration in the name of the new owner.
(B) If the death of the owner of a motor vehicle results 1,813
in the transfer of ownership of the motor vehicle to the 1,814
surviving spouse of the owner or if a motor vehicle is owned by 1,815
two persons under joint ownership with right of survivorship 1,816
established under section 2106.17 of the Revised Code and one of 1,817
those persons dies, the registration shall be continued upon the 1,818
filing by the surviving spouse of an application for an amended 1,819
certificate of registration, unless such registration is 1,820
prohibited by division (D) of section 2937.27, division (A) of 1,821
section 2937.221, division (B) of section 4507.168, or division 1,822
(B)(1) of section 4521.10 of the Revised Code. The application 1,825
shall be accompanied by a service fee of two dollars and 1,826
twenty-five cents, a transfer fee of one dollar, the original 1,827
certificate of registration, and, in relation to a motor vehicle 1,828
that is owned by two persons under joint ownership with right of 1,829
survivorship established under section 2106.17 of the Revised 1,830
Code, by a copy of the certificate of title that specifies that 1,831
the vehicle is owned under joint ownership with right of 1,832
survivorship. Upon a proper filing, the registrar shall issue an 1,833
amended certificate of registration in the name of the surviving 1,834
spouse.
(C) If the original owner of a motor vehicle that has been 1,836
transferred makes application for the registration of another 1,837
motor vehicle at any time during the remainder of the 1,838
registration period for which the transferred motor vehicle was 1,839
registered, the owner, unless such registration is prohibited by 1,840
division (D) of section 2935.27, division (A) of section 1,841
2937.221, division (E) of section 4503.234, division (B) of 1,843
section 4507.168, or division (B)(1) of section 4521.10 of the
Revised Code, may file an application for transfer of the 1,845
registration and, where applicable, the license plates, 1,846
46
accompanied by a service fee of two dollars and twenty-five 1,847
cents, a transfer fee of one dollar, and the original certificate 1,848
of registration. The transfer of the registration and, where 1,849
applicable, the license plates from the motor vehicle for which 1,850
they originally were issued to a succeeding motor vehicle 1,851
purchased by the same person in whose name the original 1,852
registration and license plates were issued shall be done within 1,853
a period not to exceed thirty days. During that thirty-day 1,854
period, the license plates from the motor vehicle for which they 1,855
originally were issued may be displayed on the succeeding motor
vehicle, and the succeeding motor vehicle may be operated on the 1,856
public roads and highways in this state. 1,857
At the time of application for transfer, the registrar 1,859
shall compute and collect the amount of tax due on the succeeding 1,860
motor vehicle, based upon the amount that would be due on a new 1,861
registration as of the date on which the transfer is made less a 1,862
credit for the unused portion of the original registration 1,863
beginning on that date. If the credit exceeds the amount of tax 1,864
due on the new registration, no refund shall be made. In 1,865
computing the amount of tax due and credits to be allowed under 1,866
this division, the provisions of division (B)(1)(a) AND (b) of 1,868
section 4503.11 of the Revised Code shall apply. As to passenger 1,869
cars, noncommercial vehicles, motor homes, and motorcycles, 1,870
transfers within or between these classes of motor vehicles only 1,871
shall be allowed. If the succeeding motor vehicle is of a 1,872
different class than the motor vehicle for which the registration 1,873
originally was issued, new license plates also shall be issued 1,874
upon the surrender of the license plates originally issued and 1,875
payment of the fees provided in divisions (C) and (D) of section 1,877
4503.10 of the Revised Code. 1,878
(D) The owner of a commercial car having a gross vehicle 1,880
weight or combined gross vehicle weight of more than ten thousand 1,881
pounds may transfer the registration of that commercial car to 1,882
another commercial car the owner owns without transferring 1,883
47
ownership of the first commercial car, unless registration of the 1,885
second commercial car is prohibited by division (D) of section 1,886
2935.27, division (A) of section 2937.221, division (B) of 1,887
section 4507.168, or division (B)(1) of section 4521.10 of the 1,889
Revised Code. At any time during the remainder of the
registration period for which the first commercial car was 1,890
registered, the owner may file an application for the transfer of 1,891
the registration and, where applicable, the license plates, 1,892
accompanied by a service fee of two dollars and twenty-five 1,893
cents, a transfer fee of one dollar, and the certificate of 1,894
registration of the first commercial car. The amount of any tax 1,895
due or credit to be allowed for a transfer of registration under 1,896
this division shall be computed in accordance with division (C) 1,897
of this section. 1,898
No commercial car to which a registration is transferred 1,900
under this division shall be operated on a public road or highway 1,901
in this state until after the transfer of registration is 1,903
completed in accordance with this division. 1,904
(E) Upon application to the registrar or a deputy 1,906
registrar, a person who owns or leases a motor vehicle may 1,908
transfer special license plates assigned to that vehicle to any 1,909
other vehicle that the person owns or leases or that is owned or 1,910
leased by the person's spouse. The application shall be 1,911
accompanied by a service fee of two dollars and twenty-five 1,913
cents, a transfer fee of one dollar, and the original certificate 1,914
of registration. As appropriate, the application also shall be 1,915
accompanied by a power of attorney for the registration of a 1,916
leased vehicle and a written statement releasing the special 1,917
plates to the applicant. Upon a proper filing, the registrar or 1,918
deputy registrar shall assign the special license plates to the 1,919
motor vehicle owned or leased by the applicant and issue a new 1,920
certificate of registration for that motor vehicle. 1,921
As used in division (E) of this section, "special license 1,923
plates" means either of the following: 1,924
48
(1) Any license plates for which the person to whom the 1,926
license plates are issued must pay an additional fee in excess of 1,927
the fees prescribed in section 4503.04 of the Revised Code, 1,928
Chapter 4504. of the Revised Code, and the service fee prescribed 1,929
in division (D) or (G) of section 4503.10 of the Revised Code; 1,930
(2) License plates issued under section 4503.44 of the 1,932
Revised Code. 1,933
Sec. 4503.19. Upon the filing of an application for 1,941
registration and the payment of the tax therefor, the registrar 1,942
of motor vehicles or a deputy registrar shall determine whether 1,943
the owner has previously been issued license plates for the motor 1,944
vehicle described in the application. If no license plates have 1,945
previously been issued to the owner for that motor vehicle, the 1,946
registrar or deputy registrar shall assign to the motor vehicle a 1,947
distinctive number and issue and deliver to the owner in such 1,948
manner as the registrar may select a certificate of registration, 1,949
in such form as the registrar shall prescribe, and, except as 1,951
otherwise provided in this section, two license plates, 1,952
duplicates of each other, and validation stickers, or validation 1,953
stickers alone, to be attached to the number plates as provided 1,954
in section 4503.191 of the Revised Code. The registrar or deputy 1,955
registrar also shall charge the owner any fees required under 1,956
division (C) of section 4503.10 of the Revised Code. Trailers, 1,957
manufactured homes, semitrailers, the manufacturer thereof, the 1,958
dealer, or in transit companies therein, shall be issued one 1,959
license plate only and one validation sticker, or a validation 1,960
sticker alone, which license plate shall be displayed only on the 1,961
rear of such vehicles. An apportioned vehicle receiving an 1,962
apportioned license plate under the international registration 1,963
plan shall be issued one license plate only and one validation 1,964
sticker, or a validation sticker alone; the license plate shall 1,965
be displayed only on the front of a semitractor and on the rear 1,966
of all other vehicles. School buses shall not be issued license 1,967
plates, but shall bear identifying numbers in the manner 1,968
49
prescribed by section 4511.764 of the Revised Code. The 1,969
certificate of registration and license plates and validation 1,970
stickers, or validation stickers alone, shall be issued and 1,971
delivered to the owner in person or by mail. Chauffeured 1,972
limousines shall be issued license plates, a validation sticker, 1,973
and a livery sticker as provided in section 4503.24 of the 1,974
Revised Code. In the event of the loss, mutilation, or 1,975
destruction of any certificate of registration, or of any license 1,976
plates or validation stickers, or in the event the owner chooses 1,977
to replace license plates previously issued for a motor vehicle,
OR THE REGISTRATION CERTIFICATE AND LICENSE PLATES HAVE BEEN 1,978
IMPOUNDED AS PROVIDED BY DIVISION (F)(1) OF SECTION 4507.02 AND 1,979
DIVISION (A)(2) OF SECTION 4507.16 OF THE REVISED CODE, the owner 1,980
of a motor vehicle, or manufacturer or dealer, may obtain from 1,981
the registrar, or from a deputy registrar if authorized by the 1,982
registrar, a duplicate thereof or new license plates bearing a 1,983
different number, if the registrar considers it advisable, upon 1,985
filing an application prescribed by the registrar, and upon 1,986
paying a fee of one dollar for such certificate of registration 1,987
and, a fee of five dollars for each set of two license plates, or 1,988
three dollars for each single license plate or validation sticker 1,989
and a service fee of two dollars and twenty-five cents. IN 1,990
ADDITION, EACH APPLICANT FOR A REPLACEMENT CERTIFICATE OF
REGISTRATION, LICENSE PLATE, OR VALIDATION STICKER SHALL PAY THE 1,991
FEES PROVIDED IN DIVISIONS (C) AND (D) OF SECTION 4503.10 OF THE 1,992
REVISED CODE.
Additionally, the registrar and each deputy registrar who 1,994
either issues license plates and a validation sticker for use on 1,995
any vehicle other than a commercial tractor, semitrailer, or 1,997
apportioned vehicle, or who issues a validation sticker alone for 1,998
use on such a vehicle and the owner has changed the owner's 1,999
county of residence since the owner last was issued county 2,000
identification stickers, also shall issue and deliver to the 2,001
owner either one or two county identification stickers, as 2,002
50
appropriate, which shall be attached to the license plates in a 2,004
manner prescribed by the director of public safety. The county 2,005
identification stickers shall prominently identify by name or 2,006
number the county in which the owner of the vehicle resides at 2,007
the time of registration. 2,008
Sec. 4503.27. A manufacturer, dealer, or distributor shall 2,017
make application for registration, for each place in this state 2,018
at which the business of manufacturing, dealing, or distributing 2,019
of motor vehicles is carried on. The application shall show the 2,020
make of motor vehicles manufactured, dealt in, or distributed at 2,021
such place and shall show the taxing district in which the place 2,022
of business is located. Upon the filing of such application and 2,023
the payment of the ANNUAL tax AND POSTAGE therefor, the registrar 2,025
of motor vehicles shall assign to the applicant a distinctive 2,026
number which must be carried and displayed by each such motor 2,027
vehicle in like manner as provided by law for other motor 2,028
vehicles while it is operated on the public highway until it is 2,029
sold or transferred. At the time the registrar assigns the 2,030
distinctive number he THE REGISTRAR shall furnish one placard 2,031
with the number thereon. Such manufacturer, dealer, or 2,032
distributor may procure A REASONABLE NUMBER OF certified copies 2,033
of the registration certificate upon the payment FOR EACH of a AN 2,034
ANNUAL fee of five dollars AND THE APPROPRIATE POSTAGE AS 2,036
REQUIRED BY THE REGISTRAR. With each of such THE certified 2,037
copies the registrar shall furnish one placard with the same 2,039
numbering provided in the original registration certificate, and 2,040
shall add thereto such special designation as necessary to 2,041
distinguish one set of placards from another. 2,042
The registrar shall not assign any distinctive number, and 2,044
he shall not furnish any placards to any dealer or distributor 2,046
unless such THE dealer or distributor, at the time of making 2,047
application for such THE placards, produces evidence to show that 2,048
he THE DEALER OR DISTRIBUTOR is the holder EITHER of a motor 2,049
vehicle dealer's license required by section 4517.04 or 4517.05 2,050
51
of the Revised Code, or a distributor's license required by 2,051
section 4517.08 of the Revised Code. Such evidence shall be 2,052
presented in the manner prescribed by the registrar. 2,053
Sec. 4503.301. (A) A manufacturer, dealer, or distributor 2,062
of motor vehicles may apply for a REASONABLE NUMBER OF commercial 2,063
car demonstration placard PLACARDS. The application shall show 2,064
the make of commercial cars, commercial tractors, trailers, and 2,066
semitrailers manufactured, dealt, or distributed in and shall 2,067
show the taxing district in which the applicant's place of 2,068
business is located.
Upon the filing of such application and the payment of a AN 2,070
ANNUAL fee of five hundred dollars AND APPROPRIATE POSTAGE AS 2,073
REQUIRED BY the registrar of motor vehicles, THE REGISTRAR shall 2,074
assign to the applicant a distinctive placard and number. Such 2,075
placards shall be known as "commercial car demonstration
placards," and shall be valid for a period of one year from date 2,076
of issue EXPIRE ON A DATE PRESCRIBED BY THE REGISTRAR. Such UPON 2,078
THE FIRST APPLICATION BY ANY PERSON FOR SUCH PLACARDS, THE
REGISTRAR SHALL PRORATE THE ANNUAL FEE IN ACCORDANCE WITH SECTION 2,079
4503.11 OF THE REVISED CODE; FOR ALL RENEWALS OR REPLACEMENTS OF 2,080
SUCH PLACARDS, THE REGISTRAR SHALL COLLECT THE FULL AMOUNT OF THE 2,081
ANNUAL FEE.
COMMERCIAL CAR DEMONSTRATION placards may be displayed on 2,083
commercial cars, commercial tractors, trailers and semitrailers 2,085
owned by the manufacturer, dealer, or distributor, when such 2,086
THOSE vehicles are operated by or being demonstrated to a 2,088
prospective purchaser. In addition to the purposes permitted by 2,089
section 4503.30 of the Revised Code, the placards provided for in 2,090
this section may be displayed on vehicles operated or used for 2,091
delivery, hauling, transporting, or any other lawful purpose. 2,092
When such placards are used, the placards provided for in section 2,093
4503.30 of the Revised Code need not be displayed. 2,094
The operator of any commercial car, commercial tractor, 2,096
trailer, or semitrailer displaying the placards provided for in 2,097
52
this section shall, at all times, SHALL carry with him THE 2,099
OPERATOR a letter from the manufacturer, dealer, or distributor
authorizing the use of such manufacturer's, dealer's, or 2,100
distributor's commercial car demonstration placards. 2,101
When such placards are used on any commercial car or 2,103
commercial tractor, such power unit shall be considered duly 2,104
registered and licensed for the purposes of section 4503.38 of 2,105
the Revised Code. 2,106
(B) No manufacturer, dealer, or distributor of motor 2,108
vehicles shall use the commercial car demonstration placard for 2,109
purposes other than those provided in AUTHORIZED BY this section. 2,111
Sec. 4503.31. As used in this section, "person" includes, 2,120
but is not limited to, any person engaged in the business of 2,121
manufacturing or distributing, or selling at retail, displaying, 2,122
offering for sale, or dealing in, motorized bicycles who is not 2,123
subject to section 4503.09 of the Revised Code, or an Ohio 2,124
nonprofit corporation engaged in the business of testing of motor 2,125
vehicles. 2,126
Persons other than manufacturers, dealers, or distributors 2,128
may register annually with the registrar of motor vehicles and 2,129
obtain placards to be displayed on motor vehicles as provided by 2,130
this section. Applications for annual registration shall be made 2,131
at the time provided for payment of the tax AND POSTAGE imposed 2,132
on manufacturers, dealers, or distributors and shall be in the 2,133
manner to be prescribed by the registrar. The fee for such 2,134
registration shall be twenty-five dollars and shall not be 2,135
reduced when the registration is for a part of a year. Applicants 2,137
may procure A REASONABLE NUMBER OF certified copies of such
registration upon the payment of a fee of five dollars AND 2,139
APPROPRIATE POSTAGE AS REQUIRED BY THE REGISTRAR for each such 2,140
copy.
Upon the filing of the application and the payment of the 2,142
fee AND POSTAGE prescribed by this section, the registrar shall 2,144
issue to each applicant a certificate of registration and assign 2,145
53
a distinctive number and furnish one placard with the number 2,146
thereon. With each of the certified copies of the registration 2,147
provided for in this section the registrar shall furnish one 2,148
placard with the same numbering assigned in the original 2,149
registration certificate and shall add thereto such special 2,150
designation as necessary to distinguish one set of placards from 2,151
another. All placards furnished by the registrar pursuant to 2,152
this section shall be so marked as to be distinguishable from 2,153
placards issued dealers, manufacturers, or distributors. 2,154
Placards issued pursuant to this section may be used only on 2,155
motor vehicles or motorized bicycles owned and being used in 2,156
testing or being demonstrated for purposes of sale or lease; or 2,157
on motor vehicles subject to the rights and remedies of a secured 2,158
party being exercised under sections 1309.01 to 1309.50 of the 2,159
Revised Code; or on motor vehicles being held or transported by 2,160
any insurance company for purposes of salvage disposition; or on 2,161
motor vehicles being transported by any persons regularly engaged 2,162
in salvage operations or scrap metal processing from the point of 2,163
acquisition to their established place of business; or on motor 2,164
vehicles owned by or in the lawful possession of an Ohio 2,165
nonprofit corporation while being used in the testing of those 2,166
motor vehicles. 2,167
Placards issued pursuant to this section may also MAY be 2,169
used by persons regularly and primarily engaged in the business 2,170
of rustproofing, reconditioning, or installing equipment or trim 2,171
on motor vehicles for motor vehicle dealers when such motor 2,172
vehicles are being transported to or from the motor vehicle 2,173
dealer's place of business; and by persons engaged in 2,174
manufacturing articles for attachment to motor vehicles when such 2,175
motor vehicles are being transported to or from places where 2,176
mechanical equipment is attached to the chassis of such new motor 2,177
vehicles; or on motor vehicles being towed by any persons 2,178
regularly and primarily engaged in the business of towing motor 2,179
vehicles while such vehicle is being towed to a point of storage. 2,180
54
Placards issued pursuant to this section may also MAY be 2,182
used on trailers being transported by persons engaged in the 2,183
business of selling tangible personal property other than motor 2,184
vehicles.
No person required to register an apportionable vehicle 2,186
under the international registration plan shall apply for or 2,187
receive a placard for that vehicle under this section. 2,188
The fees collected by the registrar pursuant to this 2,190
section shall be paid into the state bureau of motor vehicles 2,191
fund established in section 4501.25 of the Revised Code and used 2,192
for the purposes described in that section. 2,193
Sec. 4503.311. A manufacturer of or dealer in trailers for 2,202
transporting watercraft may apply for registration with the 2,203
registrar of motor vehicles for each place in this state where he 2,204
THE MANUFACTURER OR DEALER carries on the business of 2,205
manufacturing or dealing in such trailers. Applications for 2,207
annual registration shall be made at the time provided for 2,208
payment of the tax imposed on manufacturers and dealers by 2,209
section 4503.09 of the Revised Code and shall be in the manner to 2,210
be prescribed by the registrar. The fee for such registration 2,211
shall be twenty-five dollars and shall not be reduced when the 2,212
registration is for a part of a year.
Upon the filing of such application and the payment of such 2,214
THE fee, AND APPROPRIATE POSTAGE AS REQUIRED BY the registrar of 2,216
motor vehicles, THE REGISTRAR shall assign to the applicant a 2,217
distinctive number which shall be displayed on the rear of each 2,218
trailer while it is operated on the public highway. Such trailer
may be operated on the public highway while loaded, until it is 2,220
sold or transferred. At the time the registrar assigns the 2,221
distinctive number, he THE REGISTRAR shall furnish one placard 2,222
with the number thereon. Such manufacturer or dealer may procure 2,223
A REASONABLE NUMBER OF certified copies of the registration 2,224
certificate upon the payment of a fee of five dollars AND 2,226
POSTAGE. With each of such certified copies, the registrar shall 2,228
55
furnish one placard with the same number provided in the original 2,229
registration certificate, and shall add thereto such special 2,230
designation as necessary to distinguish one set of placards from 2,231
another. All placards furnished by the registrar pursuant to 2,232
this section shall be so marked as to be distinguishable from 2,233
placards issued to dealers in or manufacturers of motor vehicles. 2,234
The fees collected by the registrar pursuant to this 2,236
section shall be paid into the state bureau of motor vehicles 2,237
fund established in section 4501.25 of the Revised Code and used 2,238
for the purposes described in that section. 2,239
Sec. 4503.312. As used in this section: 2,248
(A) "Utility trailer" means any trailer, except a travel 2,250
trailer or trailer for transporting watercraft, having a gross 2,251
weight of less than four thousand pounds. 2,252
(B) "Snowmobile" and "all-purpose vehicle" have the same 2,254
meaning as in section 4519.01 of the Revised Code. 2,255
(C) "Distributor" means any person authorized by a 2,257
manufacturer of utility trailers or trailers for transporting 2,258
motorcycles, snowmobiles, or all-purpose vehicles to distribute 2,259
new trailers to persons for purposes of resale. 2,260
A manufacturer or distributor of utility trailers or 2,262
trailers for transporting motorcycles, snowmobiles, or 2,263
all-purpose vehicles may apply for registration with the 2,264
registrar of motor vehicles for each place in this state where he 2,265
THE MANUFACTURER OR DISTRIBUTOR carries on the business of 2,266
manufacturing or distributing such trailers. Applications for 2,268
annual registration shall be made at the time provided for 2,269
payment of the tax imposed by section 4503.09 of the Revised 2,270
Code; shall be in the manner to be prescribed by the registrar; 2,271
and shall be accompanied by an affidavit certifying that the 2,272
applicant is a manufacturer or distributor of utility trailers or 2,273
trailers for transporting motorcycles, snowmobiles, or 2,274
all-purpose vehicles. The fee for such registration shall be 2,275
twenty-five dollars and shall not be reduced when the 2,276
56
registration is for a part of a year.
Upon the filing of the application and affidavit, and 2,278
payment of the fee AND APPROPRIATE POSTAGE AS REQUIRED BY THE 2,279
REGISTRAR, the registrar shall assign to the applicant a 2,280
distinctive number which shall be displayed on the rear of each 2,281
trailer when it is operated on the public highway. Any trailer 2,282
for transporting motorcycles, snowmobiles, or all-purpose 2,283
vehicles that is not loaded may be operated on the public highway 2,284
until it is sold or transferred; and any utility trailer that is 2,285
not loaded, or that is being used to transport another utility 2,286
trailer for purposes of demonstration or delivery, may be 2,287
operated on the public highway until it is sold or transferred. 2,288
At the time the registrar assigns the distinctive number, 2,290
he THE REGISTRAR shall furnish one placard with the number 2,291
thereon. The manufacturer or distributor may procure A 2,292
REASONABLE NUMBER OF certified copies of the registration 2,294
certificate upon the payment of a fee of five dollars AND 2,295
POSTAGE. With each of such certified copies, the registrar shall 2,296
furnish one placard with the same number provided in the original 2,297
registration certificate, and shall add thereto such special 2,298
designation as necessary to distinguish one set of placards from 2,299
another. All placards furnished by the registrar pursuant to 2,300
this section shall be so marked as to be distinguishable from 2,301
placards issued to dealers in or manufacturers of motor vehicles 2,302
or trailers for transporting watercraft. 2,303
The fees collected by the registrar pursuant to this 2,305
section shall be paid into the state bureau of motor vehicles 2,306
fund established by section 4501.25 of the Revised Code and used 2,307
for the purposes described in that section. 2,308
Sec. 4503.33. A person, firm, or corporation engaged in 2,317
this state as a drive-away operator or trailer transporter or 2,318
both in the business of transporting and delivering, by means of 2,319
the full mount method, the saddle mount method, the tow bar 2,320
method, tow-away method, or any combination thereof, or under 2,321
57
their own power, new motor vehicles from the manufacturer or any 2,322
other point of origin to any point of destination, or used motor 2,323
vehicles from any individual, firm, or corporation to any point 2,324
of destination, or both, shall make application to the registrar 2,325
of motor vehicles for an "in transit" permit. This application 2,326
shall be accompanied by a registration fee of fifty dollars, and 2,328
shall show such information as deemed IS CONSIDERED necessary by 2,329
the registrar. Upon the filing of the application and the 2,330
payment of the ANNUAL fee AND APPROPRIATE POSTAGE AS REQUIRED BY 2,331
THE REGISTRAR, the registrar shall issue to each permittee a 2,332
certificate of registration bearing a distinctive number or 2,333
designation of the registration and one placard bearing a 2,334
corresponding number or designation, which placard must be 2,335
carried and displayed by each such motor vehicle in like manner 2,336
as provided by law for other motor vehicles while operated upon a 2,337
public highway in transit from the manufacturer or any other 2,338
point of origin to any point of destination. 2,339
Such A permittee may procure A REASONABLE NUMBER OF 2,341
certified copies of such registration certificate upon the 2,343
payment of a fee of three dollars AND POSTAGE. With each such 2,344
certified copy the registrar shall furnish one placard with the 2,345
same numbering or designation provided in the original 2,346
registration certificate, and he THE REGISTRAR may add thereto 2,347
such special designation as may be necessary to distinguish one 2,348
placard from another.
No person required to register an apportionable vehicle 2,350
under the international registration plan shall apply for or 2,351
receive a placard for that vehicle under this section. 2,352
Sec. 4503.84. The registrar of motor vehicles shall MAY 2,361
PRESCRIBE RULES TO make license plates and validation stickers 2,362
available for purchase in the year following the expiration of 2,363
the license plate and validation sticker OR WHEN THE LICENSE 2,364
PLATE DESIGN NO LONGER IS ISSUED OR IN SERVICE. The price of 2,365
each license plate shall be five dollars; the price of each 2,366
58
validation sticker shall be two dollars.
Sec. 4505.021. ANY CONTRACT AWARDED FOR THE PRINTING OF 2,368
CERTIFICATES OF TITLE IS SUBJECT TO DIVISION (C) OF SECTION 2,370
125.09 OF THE REVISED CODE AND DIVISION (B) OF SECTION 125.11 OF 2,371
THE REVISED CODE, BUT IS NOT SUBJECT TO SECTION 125.56 OF THE 2,372
REVISED CODE. 2,373
Sec. 4505.07. (A) A certificate of title shall be printed 2,382
upon a special paper with a secure printing process or other 2,383
secure process, for the printing of motor vehicle titles, as 2,384
required by section 2 of the "Truth in Mileage Act of 1986," 100 2,385
Stat. 3309, 15 U.S.C.A. 1901 et seq. 2,386
(B) Every certificate of title shall bear the 2,388
distinguishing number assigned to the title, and shall contain, 2,389
on the front of the certificate, the following information: 2,390
(1) An indication that the certificate is issued in this 2,392
state; 2,393
(2) The county in which the certificate is issued; 2,395
(3) An indication that the certificate is an original, 2,397
memorandum, duplicate, or salvage certificate; 2,398
(4) The date of issuance of the certificate; 2,400
(5) The name and address of the owner, in full; 2,402
(6) The name and address of the previous owner, in full; 2,404
(7) The previous certificate of title number; 2,406
(8) The state in which the vehicle previously was titled; 2,408
(9) The make, body type, year, model, and vehicle 2,410
identification number of the vehicle; 2,411
(10) First and second lien notation information, including 2,414
the name and address of the lienholder in full and the date of 2,415
the lien notation; 2,416
(11) For discharging and canceling the lien notation, a 2,418
notice that states: "lien discharge," a space for the signature 2,419
of the lienholder, the discharge date, a space for the signature 2,421
of the clerk of the court of common pleas, the cancellation date, 2,423
and a space for the notation of the deputy clerk; 2,424
59
(12) The purchase price of the motor vehicle and the 2,426
amount of Ohio sales or use tax paid; 2,427
(13) The mileage registered on the odometer and the status 2,430
of the odometer of the vehicle at the time the previous title was 2,432
assigned;
(14) A space for the seal of the clerk; 2,434
(15) The signature of the clerk; 2,436
(16) A space for the notation of the deputy clerk; 2,438
(17) A space for other pertinent information as may be 2,440
required by the registrar of motor vehicles; 2,441
(18) A consecutive number for control purposes; 2,443
(19) In the case of a vehicle last previously registered 2,445
in another state, a space to be used for recording any notation 2,446
applicable to the vehicle and the abbreviation of the state in 2,447
which the vehicle was last registered, as required by divisions 2,448
(B)(1) and (2) of section 4505.08 of the Revised Code; 2,449
(20) IN THE CASE OF A VEHICLE LAST PREVIOUSLY REGISTERED 2,451
IN THIS STATE, A SPACE TO BE USED FOR RECORDING ANY INFORMATION 2,452
APPLICABLE TO THE VEHICLE AS REQUIRED BY DIVISION (C) OF SECTION 2,453
4505.08 OF THE REVISED CODE OR BY RULE OF THE REGISTRAR OF MOTOR 2,454
VEHICLES ADOPTED UNDER THAT DIVISION.
(C) If the certificate of title is a duplicate 2,456
certificate, that fact and the original title number must be 2,457
stated on the front of the duplicate certificate. 2,458
(D) If the certificate of title is a memorandum 2,460
certificate, that fact and the original title number must be 2,461
stated on the front of the memorandum certificate. 2,462
(E) If the certificate of title is a salvage certificate, 2,464
that fact and the original title number must be stated on the 2,465
front of the salvage certificate. 2,466
(F) The following information shall appear on the reverse 2,468
side of each certificate of title: 2,469
(1) A notice in bold lettering that states: "ERASURES AND 2,471
ALTERATIONS VOID THIS TITLE ASSIGNMENT. (Type or print in 2,472
60
ink.)";
(2) The total consideration of the vehicle; 2,474
(3) A disclosure that states: "I (we) certify the vehicle 2,476
described in this title was transferred for the price of 2,478
$.......... to:" and the printed name and address of the buyer 2,479
in full;
(4) An odometer certification statement that states: 2,481
"Federal and state laws require that you state the mileage in 2,482
connection with transfer of ownership. Failure to complete or 2,483
providing false information may result in fines and 2,484
imprisonment."
The odometer certification language as required by federal law 2,486
and division (C) of section 4505.06 of the Revised Code. 2,487
(5) A disclosure that states: "I (we) warrant the title 2,489
to be free of all liens."; 2,490
(6) A space for the signature of the transferor and the 2,493
transferor's printed name and address in full;
(7) A space for the seal of the clerk or a notary; 2,495
(8) The acknowledgment statement of the clerk, the deputy 2,498
clerk, or a notary;
(9) A space for the signature of the clerk, the deputy 2,500
clerk, or a notary; 2,501
(10) The buyer's odometer acknowledgment statement, with a 2,504
space for the buyer's printed name and address;
(11) A notice in bold lettering that states: "WARNING TO 2,506
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required 2,507
by law to state the true selling price. A false statement is in 2,509
violation of section 2921.13 of the Revised Code and is 2,510
punishable by six months' imprisonment or a fine of up to one 2,511
thousand dollars, or both. All transfers are audited by the 2,512
department of taxation.
The seller and buyer must provide any information requested 2,514
by the department of taxation. The buyer may be assessed any 2,515
additional tax found to be due." 2,516
61
(12) An application for a certificate of title, memorandum 2,519
certificate of title, or salvage certificate of title, as 2,520
prescribed by the registrar, which shall include all of the 2,522
following:
(a) A disclosure that states: "Application for 2,525
certificate of title (type or print in ink)";
(b) A disclosure that states: "Fee of $5.00 for failure 2,528
to apply for title within 30 days of assignment."; 2,529
(c) A space for the applicant's printed name and address: 2,532
(d) A pace SPACE for the applicant's social security 2,535
number or employer's identification number;
(e) A space for the purchase price, tax paid, or tax 2,538
exemption reason, or dealer's permit number, and vendor's number, 2,539
and condition of the vehicle;
(f) A disclosure statement that states: "Lien 2,542
information: If no lien state "none." If more than one lien, 2,543
attach statement of all additional liens.";
(g) A space for the lienholder's name and address; dress; 2,546
(h) A disclosure statement that states: "I (we) state 2,549
that all information contained in this application is true and 2,550
correct.";
(i) A space for the applicant's signature; 2,553
(j) A space for the acknowledgment statement of the clerk, 2,556
the deputy clerk, or a notary;
(k) A space for the seal of the clerk or a notary; 2,559
(l) A space for the signature of the clerk, the deputy 2,562
clerk, or a notary;
(m) Any other pertinent information as may be required by 2,565
the registrar.
Sec. 4505.08. (A) The clerk of the court of common pleas 2,574
shall issue certificates of title in duplicate. One copy shall 2,575
be retained and filed by the clerk in the clerk's office. The 2,577
clerk shall sign and affix the clerk's seal to the original 2,578
certificate of title and, if there are no liens on the motor 2,580
62
vehicle, shall deliver the certificate to the applicant or the 2,581
selling dealer. If there are one or more liens on the motor 2,583
vehicle, the certificate of title shall be delivered to the 2,584
holder of the first lien or the selling dealer, who shall deliver
the certificate of title to the holder of the first lien. 2,585
The registrar of motor vehicles shall prescribe a uniform 2,587
method of numbering certificates of title, and such numbering 2,588
shall be in such manner that the county of issuance is indicated. 2,589
The clerk shall assign numbers to certificates of title in the 2,590
manner prescribed by the registrar. The clerk shall file all 2,591
certificates of title according to regulations to be prescribed 2,592
by the registrar, and the clerk shall maintain in the clerk's 2,593
office indexes for the certificates of title. 2,595
The clerk need not retain on file any current certificates 2,598
of title, current duplicate certificates of title, current 2,599
memorandum certificates of title, or current salvage certificates 2,600
of title, or supporting evidence thereof covering any motor 2,601
vehicle or manufactured home for a period longer than seven years 2,602
after the date of its filing; thereafter the same may be 2,604
destroyed. The clerk need not retain on file any inactive 2,605
records including certificates of title, duplicate certificates 2,606
of title, memorandum certificates of title, or supporting 2,607
evidence thereof covering any motor vehicle or manufactured home 2,608
for a period longer than five years after the date of its filing; 2,609
thereafter, the same may be destroyed. The clerk shall retain 2,610
the active index and all active records in the data base of the
computer in the clerk's office, and shall retain in the data base 2,612
a record and index of all inactive titles for ten years. If the 2,613
clerk provides a written copy of any information contained in the 2,614
data base, the copy shall be considered the original for purposes 2,615
of the clerk certifying the record of such information for use in
any legal proceeding. 2,616
(B)(1) If the clerk issues a certificate of title for a 2,618
motor vehicle that was last previously registered in another 2,619
63
state, the clerk shall record verbatim, where practicable, in the 2,621
space on the title described in division (B)(19) of section 2,622
4505.07 of the Revised Code, the words that appear as a notation 2,623
to the vehicle on the title issued by the previous state. These 2,624
notations may include, but are not limited to, words to the 2,625
effect that the vehicle was considered or was categorized by the 2,626
state in which it was last previously registered to be a law 2,627
enforcement vehicle, a taxicab, or was once in a flood. 2,628
(2) If the clerk, while issuing a certificate of title for 2,630
a motor vehicle that was last previously registered in another 2,631
state, receives information from the automated title processing 2,632
system indicating that a title to the vehicle previously was 2,633
issued by this state and that the previous title contained 2,634
notations that appeared in the space described in division 2,635
(B)(19) OR (20) of section 4505.07 of the Revised Code, the clerk 2,636
shall enter the notations that appeared on the previous 2,637
certificate of title issued by this state on the new certificate 2,638
of title in the space described in division (B)(19) OR (20) of 2,639
section 4505.07 of the Revised Code, irrespective of whether the 2,640
notations appear on the certificate of title issued by the state 2,641
in which the vehicle was last previously registered. 2,642
(3) If the clerk, while issuing a certificate of title for 2,644
a motor vehicle that was last previously registered in another 2,645
state, receives information from the automated title processing 2,646
system indicating that the vehicle was previously issued a title 2,647
by this state and that the previous title bore the notation 2,649
"REBUILT SALVAGE" as required by division (E) of section 4505.11
of the Revised Code, or the previous title to the vehicle issued 2,650
by this state was a salvage certificate of title, the clerk shall 2,651
cause the certificate of title the clerk issues to bear the 2,652
notation "REBUILT SALVAGE" in the location prescribed by the 2,653
registrar pursuant to that division. 2,654
(C) WHEN THE CLERK ISSUES A CERTIFICATE OF TITLE FOR A 2,656
MOTOR VEHICLE THAT WAS LAST PREVIOUSLY REGISTERED IN THIS STATE 2,657
64
AND WAS A LAW ENFORCEMENT VEHICLE, A TAXICAB, OR WAS ONCE IN A 2,658
FLOOD, THE CLERK SHALL RECORD THAT INFORMATION IN THE SPACE ON 2,659
THE TITLE DESCRIBED IN DIVISION (B)(20) OF SECTION 4505.07 OF THE 2,660
REVISED CODE. THE REGISTRAR, BY RULE, MAY PRESCRIBE ANY 2,661
ADDITIONAL USES OF OR HAPPENINGS TO A MOTOR VEHICLE THAT THE
REGISTRAR HAS REASON TO BELIEVE SHOULD BE NOTED ON THE 2,662
CERTIFICATE OF TITLE AS PROVIDED IN THIS DIVISION. 2,663
(4)(D) The clerk shall use reasonable care in recording or 2,665
entering onto titles the clerk issues any notation and 2,666
information the clerk is required by division DIVISIONS (B) AND 2,668
(C) of this section to record or enter and in causing the titles 2,669
the clerk issues to bear any notation required by that division 2,670
THOSE DIVISIONS, but the clerk is not liable for any of the 2,671
clerk's errors or omissions or those of the clerk's deputies, or 2,672
the automated title processing system, in the performance of the 2,673
duties imposed on the clerk by this section. 2,674
(C)(E) The clerk may issue a duplicate title, when duly 2,676
applied for, of any title that has been destroyed as herein 2,677
provided.
Sec. 4505.11. (A) Each owner of a motor vehicle and each 2,686
person mentioned as owner in the last certificate of title, when 2,687
the motor vehicle is dismantled, destroyed, or changed in such 2,688
manner that it loses its character as a motor vehicle, or changed 2,689
in such manner that it is not the motor vehicle described in the 2,690
certificate of title, shall surrender the certificate of title to 2,692
that motor vehicle to the clerk of the court of common pleas who
issued it, and thereupon the clerk, with the consent of any 2,694
holders of any liens noted thereon, shall enter a cancellation 2,695
upon the clerk's records and shall notify the registrar of motor 2,696
vehicles of the cancellation.
Upon the cancellation of a certificate of title in the 2,698
manner prescribed by this section, the clerk and the registrar of 2,700
motor vehicles may cancel and destroy all certificates and all 2,701
memorandum certificates in that chain of title. 2,702
65
(B) Where an Ohio certificate of title or salvage 2,704
certificate of title to a motor vehicle is assigned to a salvage 2,705
dealer, the dealer is not required to obtain an Ohio certificate 2,707
of title or a salvage certificate of title to the motor vehicle 2,708
in the dealer's own name if the dealer dismantles or destroys the 2,709
motor vehicle, indicates the number of the dealer's motor vehicle 2,710
salvage dealer's license thereon, marks "FOR DESTRUCTION" across 2,712
the face of the certificate of title or salvage certificate of 2,713
title, and surrenders the certificate of title or salvage 2,714
certificate of title to the clerk of the court of common pleas as 2,715
provided in division (A) of this section. If the salvage dealer 2,716
retains the motor vehicle for resale, the dealer shall make 2,717
application for a salvage certificate of title to the motor
vehicle in the dealer's own name as provided in division (C)(1) 2,718
of this section. 2,719
(C)(1) When an insurance company declares it economically 2,721
impractical to repair such a motor vehicle and has paid an agreed 2,722
price for the purchase of the motor vehicle to any insured or 2,723
claimant owner, the insurance company shall receive the 2,724
certificate of title and the motor vehicle and, except as 2,725
provided in division (C)(2) of this section, proceed as follows. 2,726
Within thirty days the insurance company shall deliver the 2,727
certificate of title to the clerk of the court of common pleas 2,728
and shall make application for a salvage certificate of title. 2,729
The clerk shall issue the salvage certificate of title on a form, 2,730
prescribed by the registrar, that shall be easily distinguishable 2,732
from the original certificate of title and shall bear the same 2,733
number and information as the original certificate of title. The 2,734
EXCEPT AS PROVIDED IN DIVISION (C)(2) OF THIS SECTION, THE 2,735
salvage certificate of title shall be assigned by the insurance 2,736
company to a salvage dealer or any other person for use as 2,737
evidence of ownership upon the sale or other disposition of the 2,738
motor vehicle, and the salvage certificate of title shall be 2,739
transferrable to any other person. The clerk shall charge a fee 2,740
66
of four dollars for the cost of processing each salvage 2,741
certificate of title. 2,742
(2) If an insurance company considers a motor vehicle as 2,744
described in division (C)(1) of this section to be impossible to 2,745
restore for highway operation, the insurance company may assign 2,746
the certificate of title to the motor vehicle to a salvage dealer 2,747
or scrap metal processing facility and send the assigned 2,748
certificate of title to the clerk of the court of common pleas of 2,749
the county in which the salvage dealer or scrap metal processing 2,750
facility is located. The insurance company shall mark the face 2,751
of the certificate of title "FOR DESTRUCTION" and shall deliver a 2,752
photocopy of the certificate of title to the salvage dealer or 2,753
scrap metal processing facility for its records. 2,754
(3) If an insurance company declares it economically 2,756
impractical to repair a motor vehicle, agrees to pay to the 2,757
insured or claimant owner an amount in settlement of a claim 2,758
against a policy of motor vehicle insurance covering the motor 2,759
vehicle, and agrees to permit the insured or claimant owner to 2,760
retain possession of the motor vehicle, the insurance company 2,761
shall not pay the insured or claimant owner any amount in 2,762
settlement of the insurance claim until the owner obtains a 2,763
salvage certificate of title to the vehicle and furnishes a copy 2,764
of the salvage certificate of title to the insurance company. 2,765
(D) When a self-insured organization, rental or leasing 2,767
company, or secured creditor becomes the owner of a motor vehicle 2,768
that is burned, damaged, or dismantled and is determined to be 2,769
economically impractical to repair, the self-insured 2,770
organization, rental or leasing company, or secured creditor 2,771
shall do one of the following: 2,772
(1) Mark the face of the certificate of title to the motor 2,774
vehicle "FOR DESTRUCTION" and surrender the certificate of title 2,775
to the clerk of the court of common pleas for cancellation as 2,776
described in division (A) of this section. The self-insured 2,777
organization, rental or leasing company, or secured creditor 2,778
67
thereupon shall deliver the motor vehicle, together with a 2,779
photocopy of the certificate of title, to a salvage dealer or 2,780
scrap metal processing facility and shall cause the motor vehicle 2,781
to be dismantled, flattened, crushed, or destroyed. 2,782
(2) Obtain a salvage certificate of title to the motor 2,784
vehicle in the name of the self-insured organization, rental or 2,785
leasing company, or secured creditor, as provided in division 2,786
(C)(1) of this section, and then sell or otherwise dispose of the 2,787
motor vehicle. If the motor vehicle is sold, the self-insured 2,788
organization, rental or leasing company, or secured creditor 2,789
shall obtain a salvage certificate of title to the motor vehicle 2,790
in the name of the purchaser from the clerk of the court of 2,791
common pleas of the county in which the purchaser resides. 2,792
(E) If a motor vehicle titled with a salvage certificate 2,794
of title is restored for operation upon the highways, application 2,795
shall be made to the clerk of the court of common pleas for a 2,796
certificate of title. Upon inspection by the state highway 2,797
patrol, which shall include establishing proof of ownership and 2,798
an inspection of the motor number and vehicle identification 2,799
number of the motor vehicle and of documentation or receipts for 2,800
the materials used in restoration by the owner of the motor 2,801
vehicle being inspected, which documentation or receipts shall be 2,802
presented at the time of inspection, the clerk, upon surrender of 2,803
the salvage certificate of title, shall issue a certificate of 2,804
title for a fee prescribed by the registrar. The certificate of 2,805
title shall be in the same form as the original certificate of 2,806
title, shall bear the same number as the salvage certificate of 2,807
title and the original certificate of title, and shall bear the 2,808
words "REBUILT SALVAGE" in black boldface letters on its face. 2,809
Every subsequent certificate of title, memorandum certificate of 2,810
title, or duplicate certificate of title issued for the motor 2,812
vehicle also shall bear the words "REBUILT SALVAGE" in black 2,814
boldface letters on its face. The exact location on the face of 2,815
the certificate of title of the words "REBUILT SALVAGE" shall be 2,816
68
determined by the registrar, who shall develop an automated 2,817
procedure within the automated title processing system to comply 2,818
with this division. The clerk shall use reasonable care in 2,819
performing the duties imposed on the clerk by this division in 2,820
issuing a certificate of title pursuant to this division, but the 2,822
clerk is not liable for any of the clerk's errors or omissions or 2,823
those of the clerk's deputies, or the automated title processing 2,825
system in the performance of those duties. A fee of twenty-five 2,826
dollars shall be assessed by the state highway patrol for each 2,827
inspection made pursuant to this division and shall be deposited 2,828
into the state highway safety fund established by section 4501.06 2,829
of the Revised Code.
(F) No person shall operate upon the highways in this 2,831
state a motor vehicle, title to which is evidenced by a salvage 2,832
certificate of title, except to deliver the motor vehicle 2,833
pursuant to an appointment for an inspection under this section. 2,834
(G) No motor vehicle the certificate of title to which has 2,836
been marked "FOR DESTRUCTION" and surrendered to the clerk of the 2,837
court of common pleas shall be used for anything except parts and 2,838
scrap metal. 2,839
Sec. 4506.01. As used in this chapter: 2,849
(A) "Alcohol concentration" means the concentration of 2,851
alcohol in a person's blood, breath, or urine. When expressed as 2,852
a percentage, it means grams of alcohol per the following: 2,853
(1) One hundred milliliters of blood; 2,855
(2) Two hundred ten liters of breath; 2,857
(3) One hundred milliliters of urine. 2,859
(B) "School bus" has the same meaning as in section 2,861
4511.01 of the Revised Code. 2,862
(C) "Commercial driver's license" means a license, 2,864
including a probationary commercial driver's license, issued in 2,865
accordance with this chapter that authorizes an individual to 2,866
drive a commercial motor vehicle. 2,867
(D) "Commercial driver license information system" means 2,869
69
the information system established pursuant to the requirements 2,870
of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 2,871
3207-171, 49 U.S.C.A. App. 2701. 2,872
(E) "Commercial motor vehicle" means any motor vehicle 2,874
designed or used to transport persons or property that meets any 2,875
of the following qualifications: 2,876
(1) Any combination of vehicles with a combined gross 2,878
vehicle weight rating of twenty-six thousand one pounds or more, 2,879
provided the gross vehicle weight rating of the vehicle or 2,880
vehicles being towed is in excess of ten thousand pounds; 2,881
(2) Any single vehicle with a gross vehicle weight rating 2,883
of twenty-six thousand one pounds or more, or any such vehicle 2,884
towing a vehicle having a gross vehicle weight rating that is not 2,885
in excess of ten thousand pounds; 2,886
(3) Any single vehicle or combination of vehicles that is 2,888
not a class A or class B vehicle, but that either is designed to 2,889
transport sixteen or more passengers including the driver, or is 2,890
placarded for hazardous materials; 2,891
(4) Any school bus with a gross vehicle weight rating of 2,894
less than twenty-six thousand one pounds that is designed to 2,895
transport fewer than sixteen passengers including the driver; 2,896
(5) Is transporting hazardous materials for which 2,898
placarding is required by regulations adopted under the 2,899
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 2,900
49 U.S.C.A. 1801, as amended; 2,901
(6) Any single vehicle or combination of vehicles that is 2,903
designed to be operated and to travel on a public street or 2,904
highway and is considered by the federal highway administration 2,905
to be a commercial motor vehicle, including, but not limited to, 2,906
a motorized crane, a vehicle whose function is to pump cement, a 2,907
rig for drilling wells, and a portable crane.
(F) "Controlled substance" means all of the following: 2,909
(1) Any substance classified as a controlled substance 2,911
under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 2,912
70
U.S.C.A. 802(6), as amended; 2,913
(2) Any substance included in schedules I through V of 21 2,915
C.F.R. part 1308, as amended; 2,916
(3) Any drug of abuse. 2,918
(G) "Conviction" means an unvacated adjudication of guilt 2,920
or a determination that a person has violated or failed to comply 2,921
with the law in a court of original jurisdiction or an authorized 2,922
administrative tribunal, an unvacated forfeiture of bail or 2,923
collateral deposited to secure the person's appearance in court, 2,924
the payment of a fine or court cost, or violation of a condition 2,925
of release without bail, regardless of whether or not the penalty 2,926
is rebated, suspended, or probated. 2,927
(H) "Disqualification" means withdrawal of the privilege 2,929
to drive a commercial motor vehicle. 2,930
(I) "Drive" means to drive, operate, or be in physical 2,932
control of a motor vehicle. 2,933
(J) "Driver" means any person who drives, operates, or is 2,935
in physical control of a commercial motor vehicle or is required 2,936
to have a commercial driver's license. 2,937
(K) "Driver's license" means a license issued by the 2,939
bureau of motor vehicles that authorizes an individual to drive. 2,940
(L) "Drug of abuse" means any controlled substance, 2,942
dangerous drug as defined in section 4729.02 of the Revised Code, 2,943
or over-the-counter medication that, when taken in quantities 2,944
exceeding the recommended dosage, can result in impairment of 2,945
judgment or reflexes. 2,946
(M) "Employer" means any person, including the federal 2,948
government, any state, and a political subdivision of any state, 2,949
that owns or leases a commercial motor vehicle or assigns a 2,950
person to drive such a motor vehicle. 2,951
(N) "Endorsement" means an authorization on a person's 2,953
commercial driver's license that is required to permit the person 2,954
to operate a specified type of commercial motor vehicle. 2,955
(O) "Felony" means any offense under federal or state law 2,957
71
that is punishable by death or specifically classified as a 2,958
felony under the law of this state, regardless of the penalty 2,959
that may be imposed. 2,960
(P) "Foreign jurisdiction" means any jurisdiction other 2,962
than a state. 2,963
(Q) "Gross vehicle weight rating" means the value 2,965
specified by the manufacturer as the maximum loaded weight of a 2,966
single or a combination vehicle. The gross vehicle weight rating 2,967
of a combination vehicle is the gross vehicle weight rating of 2,968
the power unit plus the gross vehicle weight rating of each towed 2,969
unit. 2,970
(R) "Hazardous materials" means materials identified as 2,972
such under regulations adopted under the "Hazardous Materials 2,973
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as 2,974
amended. 2,975
(S) "Motor vehicle" has the same meaning as in section 2,977
4511.01 of the Revised Code. 2,978
(T) "Out-of-service order" means a temporary prohibition 2,980
against driving a commercial motor vehicle issued under this 2,981
chapter or a similar law of another state or of a foreign 2,982
jurisdiction. 2,983
(U) "Residence" means any person's residence determined in 2,985
accordance with section 3503.02 of the Revised Code STANDARDS 2,986
PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR. 2,987
(V) "TEMPORARY RESIDENCE" MEANS RESIDENCE ON A TEMPORARY 2,989
BASIS AS DETERMINED BY THE REGISTRAR IN ACCORDANCE WITH STANDARDS 2,990
PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR. 2,991
(W) "Serious traffic violation" means a conviction arising 2,993
from the operation of a commercial motor vehicle that involves 2,994
any of the following: 2,995
(1) A single charge of any speed that is in excess of the 2,997
posted speed limit by an amount specified by the United States 2,998
secretary of transportation and that the director of public 2,999
safety designates as such by rule; 3,000
72
(2) Violation of section 4511.20, 4511.201, or 4511.202 of 3,002
the Revised Code or any similar ordinance or resolution, or of 3,003
any similar law of another state or political subdivision of 3,004
another state; 3,005
(3) Violation of a law of this state or an ordinance or 3,007
resolution relating to traffic control, other than a parking 3,008
violation, or of any similar law of another state or political 3,009
subdivision of another state, that results in a fatal accident; 3,010
(4) Violation of any other law of this state or an 3,012
ordinance or resolution relating to traffic control, other than a 3,013
parking violation, that is determined to be a serious traffic 3,014
violation by the United States secretary of transportation and 3,015
the director designates as such by rule. 3,016
(W)(X) "State" means a state of the United States and 3,018
includes the District of Columbia. 3,019
(X)(Y) "Tank vehicle" means any commercial motor vehicle 3,021
that is designed to transport any liquid or gaseous materials 3,022
within a tank that is either permanently or temporarily attached 3,023
to the vehicle or its chassis, but does not include any portable 3,024
tank having a rated capacity of less than one thousand gallons. 3,025
(Y)(Z) "United States" means the fifty states and the 3,027
District of Columbia. 3,028
(Z)(AA) "Vehicle" has the same meaning as in section 3,030
4511.01 of the Revised Code. 3,031
(AA)(BB) "Peace officer" has the same meaning as in 3,033
section 2935.01 of the Revised Code. 3,034
(BB) "Probationary commercial driver's license" means the 3,036
license issued to a person between eighteen and twenty-one years 3,037
of age. 3,038
Sec. 4506.08. (A) Each application for a commercial 3,047
driver's license temporary instruction permit shall be 3,048
accompanied by a fee of ten dollars; except as provided in 3,049
division (B) of this section, each application for a commercial 3,050
driver's license, restricted commercial driver's license, or 3,051
73
renewal of such a license, or for a probationary commercial 3,052
driver's license shall be accompanied by a fee of twenty-five 3,053
dollars; and each application for a duplicate commercial driver's 3,054
license shall be accompanied by a fee of ten dollars. In 3,055
addition, the registrar OF MOTOR VEHICLES or deputy registrar may 3,056
collect and retain an additional fee of no more than two dollars 3,057
and twenty-five cents for each application for a commercial 3,058
driver's license temporary instruction permit, commercial 3,059
driver's license, renewal of a commercial driver's license, or
duplicate commercial driver's license received by him THE 3,061
REGISTRAR OR DEPUTY. No fee shall be charged for the annual 3,062
issuance of a waiver for farm-related service industries pursuant 3,063
to section 4506.24 of the Revised Code. 3,064
Each deputy registrar shall transmit the fees collected to 3,066
the registrar of motor vehicles at the time and in the manner 3,067
prescribed by the registrar by rule. The registrar shall pay the 3,068
fees into the state highway safety fund established in section 3,069
4501.06 of the Revised Code. 3,070
(B) Each application for a probationary commercial 3,072
driver's license shall be accompanied by whichever of the 3,073
following fees is applicable: 3,074
(1) If the person is eighteen years of age or older, but 3,076
less than nineteen years of age, a fee of eighteen dollars and 3,077
seventy-five cents; 3,078
(2) If the person is nineteen years of age or older, but 3,080
less than twenty years of age, a fee of twelve dollars and fifty 3,081
cents; 3,082
(3) If the person is twenty years of age or older, but 3,084
less than twenty-one years of age, a fee of six dollars and 3,085
twenty-five cents. 3,086
(C) Information regarding the driving record of any person 3,088
holding a commercial driver's license issued by this state shall 3,089
be furnished by the registrar, upon request and payment of a fee 3,090
of three dollars, to the employer or prospective employer of such 3,091
74
a person and to any insurer. 3,092
Sec. 4506.14. (A) Commercial driver's licenses shall 3,101
expire as follows: 3,102
(1) Except as provided in division (A)(3) of this section, 3,104
each such license issued to replace an operator's or chauffeur's 3,105
license shall expire on the original expiration date of the 3,106
operator's or chauffeur's license and, upon renewal, shall expire 3,107
on the licensee's birthday in the fourth year after the date of 3,108
issuance. 3,109
(2) Except as provided in division (A)(3) of this section, 3,111
each such license issued as an original license TO A PERSON WHOSE 3,112
RESIDENCE IS IN THIS STATE shall expire on the licensee's 3,114
birthday in the fourth year after the date of issuance, AND EACH 3,115
SUCH LICENSE ISSUED TO A PERSON WHOSE TEMPORARY RESIDENCE IS IN 3,116
THIS STATE SHALL EXPIRE IN ACCORDANCE WITH RULES ADOPTED BY THE 3,117
REGISTRAR OF MOTOR VEHICLES. A LICENSE ISSUED TO A PERSON WITH A 3,118
TEMPORARY RESIDENCE IN THIS STATE IS NONRENEWABLE, BUT MAY BE 3,119
REPLACED WITH A NEW LICENSE WITHIN NINETY DAYS PRIOR TO ITS 3,120
EXPIRATION UPON THE APPLICANT'S COMPLIANCE WITH ALL APPLICABLE 3,121
REQUIREMENTS. 3,122
(3) Each such license issued to replace the operator's or 3,124
chauffeur's license of a person who is less than twenty-one years 3,125
of age, and each such license issued as an original license to a 3,126
person who is less than twenty-one years of age, shall expire on 3,127
the licensee's twenty-first birthday. 3,128
(B) No commercial driver's license shall be issued for a 3,131
period longer than four years AND NINETY DAYS. Except as
provided in section 4507.12 of the Revised Code, the registrar of 3,133
motor vehicles may waive the examination of any person applying 3,134
for the renewal of a commercial driver's license issued under 3,135
this chapter, provided that the applicant presents either an 3,136
unexpired commercial driver's license or a commercial driver's 3,137
license that has expired not more than six months prior to the 3,138
date of application.
75
(C) Subject to the requirements of this chapter AND EXCEPT 3,140
AS PROVIDED IN DIVISION (A)(2) OF THIS SECTION IN REGARD TO A 3,141
PERSON WHOSE TEMPORARY RESIDENCE IS IN THIS STATE, every 3,142
commercial driver's license shall be renewable sixty NINETY days 3,143
before its expiration upon payment of the fees required by 3,144
section 4506.08 of the Revised Code. Each person applying for 3,145
renewal of a commercial driver's license shall complete the
application form prescribed by section 4506.07 of the Revised 3,147
Code and shall provide all certifications required. If the 3,148
person wishes to retain an endorsement authorizing him THE PERSON 3,149
to transport hazardous materials, he THE PERSON shall take and 3,150
successfully complete the written test for the endorsement. 3,151
(D) Each person licensed as a driver under this chapter 3,153
shall notify the registrar of any change in the person's address 3,155
within ten days following that change. The notification shall be 3,156
in writing on a form provided by the registrar and shall include 3,157
the full name, date of birth, license number, county of 3,158
residence, social security number, and new address of the person. 3,159
Sec. 4506.16. (A) Whoever violates division (A) of 3,168
section 4506.15 of the Revised Code or a similar law of another 3,169
state or a foreign jurisdiction, immediately shall be placed 3,170
out-of-service for twenty-four hours, in addition to any 3,171
disqualification required by this section and any other penalty 3,172
imposed by the Revised Code. 3,173
(B) The registrar of motor vehicles shall disqualify any 3,175
person from operating a commercial motor vehicle as follows: 3,176
(1) Upon a first conviction for a violation of divisions 3,178
(B) to (G) of section 4506.15 of the Revised Code or a similar 3,179
law of another state or a foreign jurisdiction, one year, in 3,180
addition to any other penalty imposed by the Revised Code; 3,181
(2) Upon a first conviction for a violation of division 3,183
(H) of section 4506.15 of the Revised Code or a similar law of 3,184
another state or a foreign jurisdiction, three years, in addition 3,185
to any other penalty imposed by the Revised Code; 3,186
76
(3) Upon a second conviction for a violation of divisions 3,188
(B) to (G) of section 4506.15 of the Revised Code or a similar 3,189
law of another state or a foreign jurisdiction, or any 3,190
combination of such violations arising from two or more separate 3,191
incidents, the person shall be disqualified for life or for any 3,192
other period of time as determined by the United States secretary 3,193
of transportation and designated by the director of public safety 3,194
by rule, in addition to any other penalty imposed by the Revised 3,195
Code; 3,196
(4) Upon conviction of a violation of division (E) of 3,198
section 4506.15 of the Revised Code or a similar law of another 3,199
state or a foreign jurisdiction in connection with the 3,200
manufacture, distribution, or dispensing of a controlled 3,201
substance or the possession with intent to manufacture, 3,202
distribute, or dispense a controlled substance, the person shall 3,203
be disqualified for life, in addition to any other penalty 3,204
imposed by the Revised Code; 3,205
(5) Upon conviction of two serious traffic violations 3,207
involving the operation of a commercial motor vehicle by the 3,208
person and arising from separate incidents occurring in a 3,209
three-year period, the person shall be disqualified for sixty 3,210
days, in addition to any other penalty imposed by the Revised 3,211
Code; 3,212
(6) Upon conviction of three serious traffic violations 3,214
involving the operation of a commercial motor vehicle by the 3,215
person and arising from separate incidents occurring in a 3,216
three-year period, the person shall be disqualified for one 3,217
hundred twenty days, in addition to any other penalty imposed by 3,218
the Revised Code. 3,219
(C) For the purposes of this section, conviction of a 3,221
violation for which disqualification is required may be evidenced 3,222
by any of the following: 3,223
(1) A judgment entry of a court of competent jurisdiction 3,225
IN THIS OR ANY OTHER STATE; 3,226
77
(2) An administrative order of a state agency OF A STATE 3,228
OTHER THAN OHIO having statutory jurisdiction over commercial 3,230
drivers;
(3) A computer record obtained from or through the 3,232
commercial driver's license information system; 3,233
(4) A computer record obtained from or through a state 3,235
agency OF A STATE OTHER THAN OHIO having statutory jurisdiction 3,237
over commercial drivers or the records of commercial drivers. 3,238
(D) Any record described in division (C) of this section 3,240
shall be deemed to be self-authenticating when it is received by 3,241
the bureau of motor vehicles. 3,242
(E) When disqualifying a driver, the registrar shall cause 3,244
the records of the bureau to be updated to reflect that action 3,245
within ten days after it occurs. 3,246
(F) The registrar immediately shall notify a driver who is 3,248
finally convicted of any offense described in section 4506.15 of 3,249
the Revised Code or division (B)(4), (5), or (6) of this section 3,250
and thereby is subject to disqualification, of the offense or 3,251
offenses involved, of the length of time for which 3,252
disqualification is to be imposed, and that the driver may 3,253
request a hearing within thirty days of the mailing of the notice 3,254
to show cause why he THE DRIVER should not be disqualified from 3,255
operating a commercial motor vehicle. If a request for such a 3,257
hearing is not made within thirty days of the mailing of the 3,258
notice, the order of disqualification is final. The registrar 3,259
may designate hearing examiners who, after affording all parties 3,260
reasonable notice, shall conduct a hearing to determine whether 3,261
the disqualification order is supported by reliable evidence. 3,262
The registrar shall adopt rules to implement this division. 3,263
(G) Any person who is disqualified from operating a 3,265
commercial motor vehicle under this section may apply to the 3,266
registrar for a driver's license to operate a motor vehicle other 3,267
than a commercial motor vehicle, provided the person's commercial 3,268
driver's license is not otherwise suspended or revoked. A person 3,269
78
whose commercial driver's license is suspended or revoked shall 3,270
not apply to the registrar for or receive a driver's license 3,271
under Chapter 4507. of the Revised Code during the period of 3,272
suspension or revocation. 3,273
Sec. 4506.17. (A) Any person who drives a commercial 3,282
motor vehicle within this state shall be deemed to have given 3,283
consent to a test or tests of his THE PERSON'S blood, breath, or 3,284
urine for the purpose of determining his THE PERSON'S alcohol 3,286
concentration or the presence of any controlled substance. 3,288
(B) A test or tests as provided in division (A) of this 3,290
section may be administered at the direction of a peace officer 3,291
having reasonable ground to stop or detain the person and, after 3,292
investigating the circumstances surrounding the operation of the 3,293
commercial motor vehicle, also having reasonable ground to 3,294
believe the person was driving the COMMERCIAL vehicle in 3,295
violation of section 4506.15 of the Revised Code WHILE HAVING A 3,298
MEASURABLE OR DETECTABLE AMOUNT OF ALCOHOL OR OF A CONTROLLED 3,299
SUBSTANCE IN THE PERSON'S BLOOD, BREATH, OR URINE. Any such test 3,300
shall be given within two hours of the time of the alleged 3,301
violation.
(C) A person requested to submit to a test under division 3,303
(A) of this section shall be advised by the peace officer 3,304
requesting the test that a refusal to submit to the test will 3,305
result in the person immediately being placed out-of-service for 3,306
a period of twenty-four hours and being disqualified from 3,307
operating a commercial motor vehicle for a period of not less 3,308
than one year, and that the person is required to surrender his 3,309
THE PERSON'S commercial driver's license to the peace officer. 3,311
(D) If a person refuses to submit to a test after being 3,313
warned as provided in division (C) of this section or submits to 3,314
a test that discloses the presence of a controlled substance or 3,315
an alcohol concentration of four-hundredths of one per cent or 3,316
more, the provisions of division (B)(1) or (3) of section 4506.16 3,317
of the Revised Code apply and the person also shall immediately 3,318
79
SHALL surrender his THE PERSON'S commercial driver's license to 3,320
the peace officer. The peace officer shall forward the license, 3,322
together with a sworn report, to the registrar of motor vehicles 3,323
certifying that the test was requested pursuant to division (A) 3,324
of this section and that the person either refused to submit to 3,325
testing or submitted to a test that disclosed the presence of a 3,326
controlled substance or an alcohol concentration of 3,327
four-hundredths of one per cent or more. The form and contents 3,328
of the report required by this section shall be established by 3,329
the registrar by rule, but shall contain the advice to be read to 3,330
the driver and a statement to be signed by him THE DRIVER 3,331
acknowledging that he THE DRIVER has been read the advice and 3,333
that the form was shown to him THE DRIVER.
(E) Upon receipt of a sworn report from a peace officer as 3,335
provided in division (D) of this section, the registrar shall 3,336
disqualify the person named in the report from driving a 3,337
commercial motor vehicle for the period required by section 3,338
4506.16 of the Revised Code DESCRIBED BELOW: 3,340
(1) UPON A FIRST INCIDENT, ONE YEAR; 3,342
(2) UPON AN INCIDENT OF REFUSAL OR OF A PROHIBITED 3,344
CONCENTRATION OF ALCOHOL AFTER ONE OR MORE PREVIOUS INCIDENTS OF 3,345
EITHER REFUSAL OR OF A PROHIBITED CONCENTRATION OF ALCOHOL, THE 3,346
PERSON SHALL BE DISQUALIFIED FOR LIFE OR SUCH LESSER PERIOD AS 3,347
PRESCRIBED BY RULE BY THE REGISTRAR.
(F) A blood test given under this section shall comply 3,349
with the applicable provisions of division (D) of section 4511.19 3,351
of the Revised Code and any physician, registered nurse, or 3,352
qualified technician or chemist who withdraws blood from a person 3,353
under this section, and any hospital, first-aid station, or 3,354
clinic at which blood is withdrawn from a person pursuant to this 3,355
section, is immune from criminal liability, and from civil
liability that is based upon a claim of assault and battery or 3,356
based upon any other claim of malpractice, for any act performed 3,357
in withdrawing blood from the person. 3,358
80
(G) When a person submits to a test under this section, 3,360
the results of the test, at his THE PERSON'S request, shall be 3,361
made available to him THE PERSON, his THE PERSON'S attorney, or 3,363
his THE PERSON'S agent, immediately upon completion of the 3,366
chemical test analysis. The person also may have an additional 3,367
test administered by a physician, a registered nurse, or a 3,368
qualified technician or chemist of his THE PERSON'S own choosing 3,369
as provided in division (D) of section 4511.19 of the Revised 3,370
Code for tests administered under that section, and the failure 3,371
to obtain such a test has the same effect as in that division. 3,372
(H) No person shall refuse to immediately surrender his 3,374
THE PERSON'S commercial driver's license to a peace officer when 3,376
required to do so by this section. 3,377
(I) A peace officer issuing an out-of-service order or 3,379
receiving a commercial driver's license surrendered under this 3,380
section may remove or arrange for the removal of any commercial 3,381
motor vehicle affected by the issuance of that order or the 3,382
surrender of that license. 3,383
(J)(1) Except for civil actions arising out of the 3,385
operation of a motor vehicle and civil actions in which the state 3,386
is a plaintiff, no peace officer of any law enforcement agency 3,387
within this state is liable in compensatory damages in any civil 3,388
action that arises under the Revised Code or common law of this 3,389
state for an injury, death, or loss to person or property caused 3,390
in the performance of his OFFICIAL duties under this section and 3,391
rules adopted under this section, unless the officer's actions 3,393
were manifestly outside the scope of his THE OFFICER'S employment 3,394
or official responsibilities, or unless the officer acted with 3,396
malicious purpose, in bad faith, or in a wanton or reckless 3,397
manner.
(2) Except for civil actions that arise out of the 3,399
operation of a motor vehicle and civil actions in which the state 3,400
is a plaintiff, no peace officer of any law enforcement agency 3,401
within this state is liable in punitive or exemplary damages in 3,402
81
any civil action that arises under the Revised Code or common law 3,403
of this state for any injury, death, or loss to person or 3,404
property caused in the performance of his OFFICIAL duties under 3,405
this section of the Revised Code and rules adopted under this 3,407
section, unless the officer's actions were manifestly outside the 3,408
scope of his THE OFFICER'S employment or official 3,409
responsibilities, or unless the officer acted with malicious 3,411
purpose, in bad faith, or in a wanton or reckless manner. 3,412
(K) WHEN DISQUALIFYING A DRIVER, THE REGISTRAR SHALL CAUSE 3,415
THE RECORDS OF THE BUREAU OF MOTOR VEHICLES TO BE UPDATED TO
REFLECT THE DISQUALIFICATION WITHIN TEN DAYS AFTER IT OCCURS. 3,416
(L) THE REGISTRAR IMMEDIATELY SHALL NOTIFY A DRIVER WHO IS 3,419
SUBJECT TO DISQUALIFICATION OF THE DISQUALIFICATION, OF THE 3,420
LENGTH OF THE DISQUALIFICATION, AND THAT THE DRIVER MAY REQUEST A
HEARING WITHIN THIRTY DAYS OF THE MAILING OF THE NOTICE TO SHOW 3,421
CAUSE WHY THE DRIVER SHOULD NOT BE DISQUALIFIED FROM OPERATING A 3,422
COMMERCIAL MOTOR VEHICLE. IF A REQUEST FOR SUCH A HEARING IS NOT 3,423
MADE WITHIN THIRTY DAYS OF THE MAILING OF THE NOTICE, THE ORDER 3,425
OF DISQUALIFICATION IS FINAL. THE REGISTRAR MAY DESIGNATE
HEARING EXAMINERS WHO, AFTER AFFORDING ALL PARTIES REASONABLE 3,426
NOTICE, SHALL CONDUCT A HEARING TO DETERMINE WHETHER THE 3,427
DISQUALIFICATION ORDER IS SUPPORTED BY RELIABLE EVIDENCE. THE 3,428
REGISTRAR SHALL ADOPT RULES TO IMPLEMENT THIS DIVISION. 3,429
(M) ANY PERSON WHO IS DISQUALIFIED FROM OPERATING A 3,432
COMMERCIAL MOTOR VEHICLE UNDER THIS SECTION MAY APPLY TO THE
REGISTRAR FOR A DRIVER'S LICENSE TO OPERATE A MOTOR VEHICLE OTHER 3,433
THAN A COMMERCIAL MOTOR VEHICLE, PROVIDED THE PERSON'S COMMERCIAL 3,434
DRIVER'S LICENSE IS NOT OTHERWISE SUSPENDED OR REVOKED. A PERSON 3,435
WHOSE COMMERCIAL DRIVER'S LICENSE IS SUSPENDED OR REVOKED SHALL 3,436
NOT APPLY TO THE REGISTRAR FOR OR RECEIVE A DRIVER'S LICENSE 3,437
UNDER CHAPTER 4507. OF THE REVISED CODE DURING THE PERIOD OF 3,439
SUSPENSION OR REVOCATION.
Sec. 4507.01. (A) As used in this chapter, "motor 3,448
vehicle," "motorized bicycle," "state," "owner," "operator," 3,449
82
"chauffeur," and "highways" have the same meanings as in section 3,450
4501.01 of the Revised Code. 3,451
"Driver's license" means a class D license issued to any 3,453
person to operate a motor vehicle or motor-driven cycle, other 3,454
than a commercial motor vehicle, and includes "probationary 3,455
license," "restricted license," and any operator's or chauffeur's 3,456
license issued before January 1, 1990. 3,457
"Probationary license" means the license issued to any 3,459
person between sixteen and eighteen years of age to operate a 3,460
motor vehicle. 3,461
"Restricted license" means the license issued to any person 3,463
to operate a motor vehicle subject to conditions or restrictions 3,464
imposed by the registrar OF MOTOR VEHICLES. 3,465
"Commercial driver's license" means the license issued to a 3,467
person under Chapter 4506. of the Revised Code to operate a 3,468
commercial motor vehicle. 3,469
"Commercial motor vehicle" has the same meaning as in 3,471
section 4506.01 of the Revised Code. 3,472
"Motorized bicycle license" means the license issued under 3,474
section 4511.521 of the Revised Code to any person to operate a 3,475
motorized bicycle including a "probationary motorized bicycle 3,476
license." 3,477
"Probationary motorized bicycle license" means the license 3,479
issued under section 4511.521 of the Revised Code to any person 3,480
between fourteen and sixteen years of age to operate a motorized 3,481
bicycle. 3,482
"Identification card" means a card issued under sections 3,484
4507.50 and 4507.51 of the Revised Code. 3,485
"RESIDENT" MEANS A PERSON WHO, IN ACCORDANCE WITH STANDARDS 3,488
PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR, RESIDES IN THIS
STATE ON A PERMANENT BASIS. 3,489
"TEMPORARY RESIDENT" MEANS A PERSON WHO, IN ACCORDANCE WITH 3,492
STANDARDS PRESCRIBED IN RULES ADOPTED BY THE REGISTRAR, RESIDES 3,493
IN THIS STATE ON A TEMPORARY BASIS.
83
(B) In the administration of this chapter and Chapter 3,495
4506. of the Revised Code, the registrar of motor vehicles has 3,496
the same authority as is conferred on the registrar by section 3,497
4501.02 of the Revised Code. Any act of an authorized deputy 3,498
registrar of motor vehicles under direction of the registrar is 3,499
deemed the act of the registrar. 3,500
To carry out this chapter, the registrar shall appoint such 3,502
deputy registrars in each county as are necessary. 3,503
The registrar shall also SHALL provide at each place where 3,505
an application for a driver's or commercial driver's license or 3,506
identification card may be made the necessary equipment to take a 3,507
color photograph of the applicant for such license or card as 3,508
required under section 4506.11 or 4507.06 of the Revised Code, 3,509
and to conduct the vision screenings required by section 4507.12 3,510
of the Revised Code, and equipment to laminate licenses, 3,511
motorized bicycle licenses, and identification cards as required 3,512
by sections 4507.13, 4507.52, and 4511.521 of the Revised Code. 3,513
The registrar shall assign one or more deputy registrars to 3,515
any driver's license examining station operated under the 3,516
supervision of the state highway patrol, whenever the registrar 3,517
considers such assignment possible. Space shall be provided in 3,518
the driver's license examining station for any such deputy 3,519
registrar so assigned. The deputy registrar REGISTRARS shall not 3,521
exercise the powers conferred by such sections upon the
registrar, unless they are specifically authorized to exercise 3,522
such powers by such sections. 3,523
(C) No agent for any insurance company, writing automobile 3,525
insurance, shall be appointed deputy registrar, and any such 3,526
appointment is void. No deputy registrar shall in any manner 3,527
solicit any form of automobile insurance, nor in any manner 3,528
advise, suggest, or influence any licensee or applicant for 3,529
license for or against any kind or type of automobile insurance, 3,530
insurance company, or agent, nor have his THE DEPUTY REGISTRAR'S 3,531
office directly connected with the office of any automobile 3,532
84
insurance agent, nor impart any information furnished by any 3,533
applicant for a license or identification card to any person, 3,534
except the registrar. This division shall not apply to any 3,535
nonprofit corporation appointed deputy registrar. 3,536
(D) The registrar shall immediately remove a deputy 3,538
registrar who violates the requirements of this chapter. 3,539
(E) The registrar shall periodically solicit bids and 3,541
enter into a contract for the provision of laminating equipment 3,542
and laminating materials to the registrar and all deputy 3,543
registrars. The registrar shall not consider any bid that does 3,544
not provide for the supplying of both laminating equipment and 3,545
laminating materials. The laminating materials selected shall 3,546
contain a security feature so that any tampering with the 3,547
laminating material covering a license or identification card is 3,548
readily apparent. In soliciting bids and entering into a 3,549
contract for the provision of laminating equipment and laminating 3,550
materials, the registrar shall observe all procedures required by 3,551
law. 3,552
Sec. 4507.012. AS USED IN THE REVISED CODE, "SUSPENSION" 3,554
OR "REVOCATION," WHEN APPLIED TO A DRIVER'S LICENSE, MEANS, 3,555
UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE WITHDRAWAL 3,556
FROM A RESIDENT, TEMPORARY RESIDENT, OR NONRESIDENT OF THE 3,557
PRIVILEGE TO OPERATE A MOTOR VEHICLE UPON A STREET OR HIGHWAY IN 3,558
THIS STATE. THE WITHDRAWAL OF THE PRIVILEGE FROM A PERSON CAUSES 3,559
THE PERSON TO BE INELIGIBLE FOR THE PRIVILEGE DURING THE ENTIRE 3,560
PERIOD OF THE SUSPENSION OR REVOCATION AND ALSO INCLUDES ANY 3,561
PERIOD DURING WHICH THE RESIDENT, TEMPORARY RESIDENT, OR 3,562
NONRESIDENT EITHER HAS NOT PAID ANY APPLICABLE DRIVER'S LICENSE 3,563
REINSTATEMENT FEE OR HAS NOT COMPLIED WITH ANY OTHER REQUIREMENT 3,564
GOVERNING LICENSE REINSTATEMENT. 3,565
Sec. 4507.02. (A)(1) No person, except those expressly 3,574
exempted under sections 4507.03, 4507.04, and 4507.05 of the 3,575
Revised Code, shall operate any motor vehicle upon a highway or 3,576
any public or private property used by the public for purposes of 3,577
85
vehicular travel or parking in this state unless the person has a 3,578
valid driver's license issued under this chapter or a commercial 3,579
driver's license issued under Chapter 4506. of the Revised Code. 3,580
(2) No person shall permit the operation of a motor 3,582
vehicle upon any public or private property used by the public 3,583
for purposes of vehicular travel or parking knowing the operator 3,584
does not have a valid driver's license issued to the operator by 3,585
the registrar of motor vehicles under this chapter or a valid 3,586
commercial driver's license issued under Chapter 4506. of the 3,587
Revised Code. 3,588
(3) No person, except a person expressly exempted under 3,590
sections 4507.03, 4507.04, and 4507.05 of the Revised Code, shall 3,591
operate any motorcycle upon a highway or any public or private 3,592
property used by the public for purposes of vehicular travel or 3,593
parking in this state unless the person has a valid license as a 3,594
motorcycle operator, that was issued upon application by the 3,595
registrar under this chapter. The license shall be in the form 3,596
of an endorsement, as determined by the registrar, upon a 3,597
driver's or commercial driver's license, if the person has a 3,598
valid license to operate a motor vehicle or commercial motor 3,599
vehicle, or in the form of a restricted license as provided in 3,600
section 4507.14 of the Revised Code, if the person does not have 3,601
a valid license to operate a motor vehicle or commercial motor 3,602
vehicle. 3,603
(4) No person shall receive a driver's license, or a 3,605
motorcycle operator's endorsement of a driver's or commercial 3,606
driver's license, unless and until he THE PERSON surrenders to 3,607
the registrar all valid licenses issued to him THE PERSON by 3,609
another jurisdiction recognized by this state. All surrendered 3,611
licenses shall be returned by the registrar to the issuing 3,612
authority, together with information that a license is now issued 3,613
in this state. No person shall be permitted to have more than 3,614
one valid license at any time. 3,615
(B)(1) No person, whose driver's or commercial driver's 3,617
86
license or permit or nonresident's operating privilege has been 3,618
suspended or revoked pursuant to Chapter 4509. of the Revised 3,619
Code, shall operate any motor vehicle within this state, or 3,620
knowingly permit any motor vehicle owned by him THE PERSON to be 3,621
operated by another person in the state, during the period of the 3,623
suspension or revocation, except as specifically authorized by 3,624
Chapter 4509. of the Revised Code. No person shall operate a 3,625
motor vehicle within this state, or knowingly permit any motor 3,626
vehicle owned by him THE PERSON to be operated by another person 3,627
in the state, during the period in which he THE PERSON is 3,629
required by section 4509.45 of the Revised Code to file and 3,631
maintain proof of financial responsibility for a violation of 3,632
section 4509.101 of the Revised Code, unless proof of financial 3,633
responsibility is maintained with respect to that vehicle. 3,634
(2) No person shall operate any motor vehicle upon a 3,636
highway or any public or private property used by the public for 3,637
purposes of vehicular travel or parking in this state in 3,638
violation of any restriction of the person's driver's or 3,639
commercial driver's license imposed under division (D) of section 3,640
4506.10 or section 4507.14 of the Revised Code. 3,641
(C) No person, whose driver's or commercial driver's 3,643
license or permit has been suspended pursuant to section 3,644
4511.191, section 4511.196, or division (B) of section 4507.16 of 3,645
the Revised Code, shall operate any motor vehicle within this 3,646
state until he THE PERSON has paid the license reinstatement fee 3,647
required pursuant to division (L) of section 4511.191 of the 3,649
Revised Code and the license or permit has been returned to the 3,650
person or a new license or permit has been issued to the person. 3,651
(D)(1) No person, whose driver's or commercial driver's 3,653
license or permit or nonresident operating privilege has been 3,654
suspended or revoked under any provision of the Revised Code 3,655
other than Chapter 4509. of the Revised Code or under any 3,656
applicable law in any other jurisdiction in which the person's 3,657
license or permit was issued, shall operate any motor vehicle 3,658
87
upon the highways or streets within this state during the period 3,659
of the suspension or within one year after the date of the 3,660
revocation. No person who is granted occupational driving 3,661
privileges by any court shall operate any motor vehicle upon the 3,662
highways or streets in this state except in accordance with the 3,663
terms of the privileges. 3,664
(2) No person, whose driver's or commercial driver's 3,666
license or permit or nonresident operating privilege has been 3,667
suspended under division (B) of section 4507.16 of the Revised 3,668
Code, shall operate any motor vehicle upon the highways or 3,669
streets within this state during the period of suspension. No 3,670
person who is granted occupational driving privileges by any 3,671
court shall operate any motor vehicle upon the highways or 3,672
streets in this state except in accordance with the terms of 3,673
those privileges. 3,674
(E) It is an affirmative defense to any prosecution 3,676
brought pursuant to division (B), (C), or (D) of this section 3,677
that the alleged offender drove under suspension or in violation 3,678
of a restriction because of a substantial emergency, provided 3,679
that no other person was reasonably available to drive in 3,680
response to the emergency. 3,681
(F)(1) If a person is convicted of a violation of division 3,683
(B), (C), or (D) of this section, the trial judge of any court, 3,684
in addition to or independent of, any other penalties provided by 3,685
law or ordinance, shall impound the identification license plates 3,686
of any motor vehicle registered in the name of the person. The 3,687
court shall send the impounded license plates to the registrar, 3,688
who may retain the license plates until the driver's or 3,689
commercial driver's license of the owner has been reinstated or 3,690
destroy them pursuant to section 4503.232 of the Revised Code. 3,691
If the license plates of a person convicted of a violation 3,693
of division (B), (C), or (D) of this section have been impounded 3,694
in accordance with the provisions of this division, the court 3,695
shall notify the registrar of that action. The notice shall 3,696
88
contain the name and address of the driver, the serial number of 3,697
his THE DRIVER'S driver's or commercial driver's license, the 3,698
serial numbers of the license plates of the motor vehicle, and 3,700
the length of time for which the license plates have been 3,701
impounded. The registrar shall record the data in the notice as 3,702
part of the driver's permanent record. 3,703
(2) Any motor vehicle owner who has had the license plates 3,705
of a motor vehicle impounded pursuant to division (F)(1) of this 3,706
section may apply to the registrar, or to a deputy registrar, for 3,707
special license plates which shall conform to the requirements of 3,708
section 4503.231 of the Revised Code. The registrar or deputy 3,709
registrar forthwith shall notify the court of the application 3,710
and, upon approval of the court, shall issue special license 3,711
plates to the applicant. Until the driver's or commercial 3,712
driver's license of the owner is reinstated, any new license 3,713
plates issued to him THE OWNER also shall conform to the 3,714
requirements of section 4503.231 of the Revised Code. 3,716
A fee of two dollars and fifty cents THE REGISTRAR OR 3,718
DEPUTY REGISTRAR shall be charged CHARGE THE OWNER OF A VEHICLE 3,719
THE FEES PROVIDED IN SECTION 4503.19 OF THE REVISED CODE for 3,720
every set of special license plates that are issued in accordance 3,721
with this division, except upon renewal as specified in section 3,722
4503.10 of the Revised Code, when the regular fee as provided in 3,723
section 4503.04 of the Revised Code shall be charged. Whenever a 3,724
set of THE REGISTRAR OR DEPUTY REGISTRAR SHALL CHARGE THE OWNER 3,725
OF A VEHICLE THE FEES PROVIDED IN SECTION 4503.19 OF THE REVISED 3,726
CODE WHENEVER special license plates is ARE exchanged, by reason 3,727
of the reinstatement of the driver's or commercial driver's 3,728
license of the owner, for those ordinarily issued, no fee shall 3,729
be charged.
(3) If an owner wishes to sell a motor vehicle during the 3,731
time the special license plates provided under division (F)(2) of 3,732
this section are in use, he THE OWNER may apply to the court that 3,734
impounded the license plates of the motor vehicle for permission 3,735
89
to transfer title to the motor vehicle. If the court is 3,736
satisfied that the sale will be made in good faith and not for 3,737
the purpose of circumventing the provisions of this section, it 3,738
may certify its consent to the owner and to the registrar of 3,739
motor vehicles who shall enter notice of the transfer of the 3,740
title of the motor vehicle in the vehicle registration record. 3,741
If, during the time the special license plates provided 3,743
under division (F)(2) of this section are in use, the title to a 3,744
motor vehicle is transferred by the foreclosure of a chattel 3,745
mortgage, a sale upon execution, the cancellation of a 3,746
conditional sales contract, or by order of a court, the court 3,747
shall notify the registrar of the action and the registrar shall 3,748
enter notice of the transfer of the title to the motor vehicle in 3,749
the vehicle registration record. 3,750
(G) This section is not intended to change or modify any 3,752
provision of Chapter 4503. of the Revised Code with respect to 3,753
the taxation of motor vehicles or the time within which the taxes 3,754
on motor vehicles shall be paid. 3,755
Sec. 4507.021. (A) Every county court judge, mayor of a 3,764
mayor's court, and clerk of a court of record shall keep a full 3,765
record of every case in which a person is charged with any 3,766
violation of sections 4511.01 to 4511.771, 4511.99, and 4513.01 3,767
to 4513.36 of the Revised Code, or of any other law or ordinance 3,768
regulating the operation of vehicles, streetcars, and trackless 3,769
trolleys on highways or streets. 3,770
A United States district court whose jurisdiction lies 3,773
within this state may keep a full record of every case in which a 3,774
person is charged with any violation of sections 4511.01 to 3,775
4511.771, 4511.99, and 4513.01 to 4513.36 of the Revised Code, or 3,776
of any other law or ordinance regulating the operation of 3,777
vehicles, streetcars, and trackless trolleys on highways or 3,778
streets located on federal property within this state. 3,779
(B) If a person is convicted of or forfeits bail in 3,781
relation to a violation of any section listed in division (A) of 3,782
90
this section or a violation of any other law or ordinance 3,783
regulating the operation of vehicles, streetcars, and trackless 3,784
trolleys on highways or streets, the county court judge, mayor of 3,785
a mayor's court, or clerk, within ten days after the conviction 3,786
or bail forfeiture, shall prepare and immediately forward to the 3,787
bureau of motor vehicles an abstract, certified by the preparer 3,788
to be true and correct, of the court record covering the case in 3,789
which the person was convicted or forfeited bail. 3,790
If a person is convicted of or forfeits bail in relation to 3,793
a violation of any section listed in division (A) of this section
or a violation of any other law or ordinance regulating the 3,794
operation of vehicles, streetcars, and trackless trolleys on 3,795
highways or streets, a United States district court whose 3,796
jurisdiction lies within this state, within ten days after the 3,797
conviction or bail forfeiture, may prepare and immediately 3,798
forward to the bureau an abstract, certified by the preparer to 3,799
be true and correct, of the court record covering the case in 3,800
which the person was convicted or forfeited bail. 3,801
(C)(1) Each abstract required by division (B) of this 3,803
section shall be made upon a form approved and furnished by the 3,804
bureau and shall include the name and address of the person 3,805
charged, the number of the person's the party's driver's or 3,806
commercial driver's license, the registration number of the 3,807
vehicle involved, the nature of the offense, the date of the 3,808
offense, the date of hearing, the plea, the judgment, or whether 3,809
bail was forfeited, and the amount of the fine or forfeiture. 3,810
If a United States district court whose jurisdiction lies 3,813
within this state utilizes the provision contained in division 3,814
(B) of this section and forwards an abstract to the bureau, on a 3,815
form approved and furnished by the bureau, containing all the 3,816
information prescribed in division (C)(1) of this section, the 3,817
bureau shall accept and process the abstract in the same manner 3,818
as it accepts and processes an abstract received from a county 3,819
judge, mayor of a mayor's court, or clerk of a court of record. 3,820
91
(2)(a) If a person is charged with a violation of section 3,822
4511.19 of the Revised Code or a violation of any ordinance 3,823
relating to operating a vehicle while under the influence of 3,824
alcohol, a drug of abuse, or alcohol and a drug of abuse or 3,825
relating to operating a vehicle with a prohibited concentration 3,826
of alcohol in the blood, breath, or urine; if that charge is 3,827
dismissed or reduced; if the person is convicted of or forfeits 3,828
bail in relation to a violation of any other section of the 3,829
Revised Code or of any ordinance that regulates the operation of 3,830
vehicles, streetcars, and trackless trolleys on highways and 3,831
streets but that does not relate to operating a vehicle while 3,832
under the influence of alcohol, a drug of abuse, or alcohol and a 3,833
drug of abuse or to operating a vehicle with a prohibited 3,834
concentration of alcohol in the blood, breath, or urine; and if 3,835
the violation of which the person was convicted or in relation to 3,836
which the person forfeited bail arose out of the same facts and 3,837
circumstances and the same act as did the charge that was 3,838
dismissed or reduced, the abstract also shall set forth the 3,839
charge that was dismissed or reduced, indicate that it was 3,840
dismissed or reduced, and indicate that the violation resulting 3,841
in the conviction or bail forfeiture arose out of the same facts 3,842
and circumstances and the same act as did the charge that was 3,843
dismissed or reduced. 3,844
(b) If a charge against a person of a violation of 3,846
division (B)(1) or (D)(2) of section 4507.02 of the Revised Code 3,847
or any municipal ordinance that is substantially equivalent to 3,848
that division is dismissed or reduced and if the person is 3,849
convicted of or forfeits bail in relation to a violation of any 3,850
other section of the Revised Code or any other ordinance that 3,851
regulates the operation of vehicles, streetcars, and trackless 3,852
trolleys on highways and streets that arose out of the same facts 3,853
and circumstances as did the charge that was dismissed or 3,854
reduced, the abstract also shall set forth the charge that was 3,855
dismissed or reduced, indicate that it was dismissed or reduced, 3,856
92
and indicate that the violation resulting in the conviction or 3,857
bail forfeiture arose out of the same facts and circumstances and 3,858
the same act as did the charge that was dismissed or reduced. 3,859
(3) If a person was convicted of or pleaded guilty to a 3,861
violation of division (B)(1) or (D)(2) of section 4507.02 of the 3,862
Revised Code, a substantially equivalent municipal ordinance, 3,863
section 4507.33 or division (A) of section 4511.19 of the Revised 3,864
Code, or a municipal ordinance relating to operating a vehicle 3,866
while under the influence of alcohol, a drug of abuse, or alcohol 3,867
and a drug of abuse or with a prohibited concentration of alcohol 3,868
in the blood, breath, or urine, and division (E) of section 3,869
4503.234 of the Revised Code prohibits the registrar of motor 3,870
vehicles and all deputy registrars from accepting an application 3,872
for the registration of, or registering, any motor vehicle in the 3,873
name of that person, the abstract shall specifically set forth 3,874
these facts and clearly indicate the date on which the order of 3,875
criminal forfeiture was issued or would have been issued but for 3,876
the operation of division (C) of section 4503.234 or section 3,877
4503.235 of the Revised Code. If the registrar receives an 3,878
abstract containing this information relating to a person, the 3,879
registrar, in accordance with sections 4503.12 and 4503.234 of 3,880
the Revised Code, shall take all necessary measures to prevent 3,881
the registrar's office or any deputy registrar from accepting 3,883
from the person, for the period of time ending five years after 3,884
the date on which the order was issued or would have been issued 3,885
and as described in division (E) of section 4503.234 of the 3,886
Revised Code, any new application for the registration of any 3,887
motor vehicle in the name of the person. 3,888
(D)(1) Every court of record also shall forward to the 3,890
bureau an abstract of the court record as described in division 3,891
(C) of this section upon the conviction of any person of 3,892
aggravated vehicular homicide or vehicular homicide or of a 3,893
felony in the commission of which a vehicle was used. 3,894
A United States district court whose jurisdiction lies 3,897
93
within this state also may forward to the bureau an abstract as 3,898
described in division (C) of this section upon the conviction of 3,899
any person of aggravated vehicular homicide or vehicular homicide 3,900
or of a felony in the commission of which a vehicle was used. 3,901
(2)(a) If a child has been adjudicated an unruly or 3,903
delinquent child or a juvenile traffic offender for having 3,904
committed any act that if committed by an adult would be a drug 3,905
abuse offense, as defined in section 2925.01 of the Revised Code, 3,906
or any violation of division (B) of section 2917.11 or of section 3,907
4511.19 of the Revised Code, the court shall notify the bureau, 3,908
by means of an abstract of the court record as described in 3,909
divisions (B) and (C) of this section, within ten days after the 3,910
adjudication.
(b) If a court requires a child as provided in division 3,912
(D)(2)(a) of this section to attend a drug abuse or alcohol abuse 3,913
education, intervention, or treatment program, the abstract 3,914
required by that division and forwarded to the bureau also shall 3,915
include the name and address of the operator of the program and 3,916
the date that the child entered the program. If the child 3,917
satisfactorily completes the program, the court, immediately upon 3,919
receipt of such information, shall send to the bureau an updated
abstract that also shall contain the date on which the child 3,920
satisfactorily completed the program. 3,921
(E) The purposeful failure or refusal of the officer to 3,923
comply with this section constitutes misconduct in office and is 3,924
a ground for removal from the office. 3,925
(F) The bureau shall record within ten days and keep all 3,927
abstracts received under this section at its main office and 3,928
shall maintain records of convictions and bond forfeitures for 3,929
any violation of law or ordinance regulating the operation of 3,930
vehicles, streetcars, and trackless trolleys on highways and 3,931
streets, except as to parking a motor vehicle. The bureau also 3,932
shall record any abstract of a case involving a first violation 3,933
of division (D) of section 4511.21 of the Revised Code, whether 3,934
94
or not points are to be assessed therefor, in such a manner that 3,935
it becomes a part of the person's permanent record and assists a 3,936
court in monitoring the assessment of points under division (G) 3,937
of this section. 3,938
(G) Every court of record or mayor's court before which a 3,940
person is charged with a violation for which points are 3,941
chargeable by this section shall assess and transcribe to the 3,942
abstract of conviction report, furnished by the bureau, the 3,943
number of points chargeable by this section in the correct space 3,944
assigned on the reporting form. A United States district court 3,946
whose jurisdiction lies within this state and before whom a 3,947
person is charged with a violation for which points are 3,948
chargeable by this section may assess and transcribe to the 3,949
abstract of conviction report, furnished by the bureau, the 3,950
number of points chargeable by this section in the correct space 3,951
assigned on the reporting form. If the court so assesses and 3,952
transcribes to the abstract of conviction report the number of 3,953
points chargeable, the bureau shall record the points in the same 3,954
manner as those assessed and transcribed by every court of record 3,955
or mayor's court of this state. The points shall be assessed 3,956
based on the following formula: 3,957
(1) Violation of division (B), (C), or (D) of section 3,959
4507.02 of the Revised Code or any ordinance prohibiting the 3,960
operation of a motor vehicle while the driver's or commercial 3,961
driver's license is under suspension or revocation ..... 6 points 3,962
(2) Violation of section 2913.03 of the Revised Code, 3,964
except the provisions relating to use or operation of an aircraft 3,965
or motorboat, or any ordinance prohibiting the operation of a 3,966
vehicle without the consent of the owner ............... 6 points 3,967
(3) Aggravated vehicular homicide or vehicular homicide, 3,969
when either involves the operation of a vehicle, streetcar, or 3,970
trackless trolley on a highway or street ............... 6 points 3,971
(4) Violation of division (A) of section 4511.19 of the 3,973
Revised Code, any ordinance prohibiting the operation of a 3,974
95
vehicle while under the influence of alcohol, a drug of abuse, or 3,975
alcohol and a drug of abuse, or any ordinance substantially 3,976
equivalent to division (A) of section 4511.19 of the Revised Code 3,977
prohibiting the operation of a vehicle with a prohibited 3,978
concentration of alcohol in the blood, breath, or urine 3,979
........................................................ 6 points 3,981
(5) Violation of section 4549.02 or 4549.021 of the 3,983
Revised Code or any ordinance requiring the driver of a vehicle 3,984
to stop and disclose identity at the scene of an accident 3,985
........................................................ 6 points 3,987
(6) Violation of section 2921.331 of the Revised Code or 3,989
any ordinance prohibiting the willful fleeing or eluding of a 3,990
police officer ......................................... 6 points 3,991
(7) Any crime punishable as a felony under the motor 3,993
vehicle laws of this state, or any other felony in the commission 3,994
of which a motor vehicle was used ...................... 6 points 3,995
(8) Operating a motor vehicle in violation of a 3,997
restriction imposed by a registrar ..................... 2 points 3,998
(9) Violation of section 4511.251 of the Revised Code or 4,000
any ordinance prohibiting street racing ................ 6 points 4,001
(10) Violation of section 4511.20 of the Revised Code or 4,003
any ordinance prohibiting the operation of a motor vehicle in 4,004
willful or wanton disregard of the safety of persons or property 4,006
........................................................ 4 points 4,006
(11) Violation of division (B) of section 4511.19 of the 4,008
Revised Code or any ordinance substantially equivalent to that 4,009
division prohibiting the operation of a vehicle with a prohibited 4,010
concentration of alcohol in the blood, breath, or urine 4,011
........................................................ 4 points 4,013
(12) Violation of any law or ordinance pertaining to 4,015
speed, except as otherwise provided in this section and in 4,016
division (G) of section 4511.21 of the Revised Code .... 2 points 4,017
(13) Upon a first violation of a limitation under division 4,019
(D) of section 4511.21 of the Revised Code at a speed in excess 4,020
96
of seventy-five miles per hour ......................... 2 points 4,021
(14) Upon a second violation within one year of the first 4,023
violation of a limitation under division (D) of section 4511.21 4,024
of the Revised Code, for each increment of five miles per hour in 4,025
excess of the posted speed limit, exclusive of the first five 4,026
miles per hour over the limitation ...................... 1 point 4,027
(15) Upon a third or subsequent violation within one year 4,029
of the first violation of a limitation under division (D) of 4,030
section 4511.21 of the Revised Code, for each increment of five 4,031
miles per hour in excess of the posted speed limit, exclusive of 4,032
the first five miles per hour over the limitation ...... 2 points 4,033
(16) All other moving violations pertaining to the 4,035
operation of motor vehicles reported under this section, except 4,036
any violations of section 4513.263 of the Revised Code or any 4,037
substantively comparable ordinance, or violations under Chapter 4,038
5577. of the Revised Code .............................. 2 points 4,039
(H) Upon receiving notification from the proper court, 4,041
including a United States district court whose jurisdiction lies 4,042
within this state, the bureau shall delete any points entered for 4,043
bond forfeiture in the event the driver is acquitted of the 4,044
offense for which the driver bond was posted. 4,045
(I) In the event a person is convicted of, or forfeits 4,047
bail for two or more offenses, arising out of the same facts, and 4,048
points are chargeable for each of the offenses, points shall be 4,049
charged for only the conviction or bond forfeiture for which the 4,050
greater number of points is chargeable, and if the number of 4,051
points chargeable for each offense is equal, only one offense 4,052
shall be recorded and points charged therefor. 4,053
(J) Whenever the points charged against any person exceed 4,055
five, the registrar shall forward to the person at the person's 4,056
last known address, via regular mail, a warning letter listing 4,057
the reported violations, along with the number of points charged 4,058
for each, and outlining the suspension provision of this section. 4,059
(K) When, upon determination of the registrar, any person 4,061
97
has charged against the person a total of not less than twelve 4,062
points within a period of two years from the date of the first 4,063
conviction within the two-year period, the registrar shall send 4,064
written notification to the person at the person's last known 4,065
address, that the person's driver's or commercial driver's 4,066
license shall be suspended for six months, effective on the 4,067
twentieth day after mailing the notice, unless the person files a 4,068
petition in the municipal court or the county court, or in case 4,069
such person is under the age of eighteen years, to IN the 4,070
juvenile court, in whose jurisdiction such person resides, OR IN 4,072
THE CASE OF A NONRESIDENT, IN THE FRANKLIN COUNTY MUNICIPAL 4,073
COURT. BY FILING AN APPEAL THE PERSON IS agreeing to pay the 4,074
cost of the proceedings and IS alleging that the person can show 4,075
cause why the person's the licensee's driving privileges should 4,076
not be suspended for a period of six months. 4,077
(L) Any person who has charged against the person more 4,079
than five but not more than eleven points, for the purpose of 4,080
obtaining a credit of two points against the total amount of 4,081
points on the person's driving record, may enroll for one time 4,082
only in a course of remedial driving instruction, as approved by 4,084
the director of public safety. Such a credit, subject to 4,085
successful completion of an approved remedial driving course 4,086
taken at a time when more than five but not more than eleven
points are charged against the person, shall be approved by the 4,087
registrar.
(M) When the driving privileges of any person are 4,089
suspended by any trial judge of any court of record pursuant to 4,090
section 4507.16 of the Revised Code, and points are charged 4,091
against the person under this section for the offense which 4,092
resulted in the suspension, that period of suspension shall be 4,093
credited against the time of any subsequent suspension under this 4,094
section for which the points were considered in making the 4,095
subsequent suspension. 4,096
When the driving privileges of a person are suspended 4,098
98
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988), 4,099
18 U.S.C.A. 13, as amended, by a United States district court 4,100
whose jurisdiction lies within this state and the court utilizes 4,101
the provision contained in division (B) of this section, and 4,102
points are charged against the person under this section for the 4,103
offense that resulted in the suspension, the period of suspension 4,105
imposed by the district court shall be credited against the time 4,106
of any subsequent suspension imposed under this section for which 4,107
the points were considered in making the subsequent suspension. 4,108
(N) The registrar, upon written request of a licensee 4,111
petitioning under division (K) of this section, shall furnish the 4,112
licensee a copy of the registrar's record of the convictions and 4,113
bond forfeitures of the person certified by the registrar. This 4,114
record shall include the name, address, and birthdate of the
person so charged; the number of the person's driver's or 4,115
commercial driver's license; the name of the court in which each 4,117
conviction or bail forfeiture took place; the nature of the 4,118
offense; the date of hearing; the number of points charged 4,119
against each conviction or bail forfeiture; and such other 4,120
information as the registrar considers necessary. When the 4,121
record includes not less than twelve points charged against the 4,123
person within a two-year period, it is prima-facie evidence that 4,124
the person is a repeat traffic offender and the person's driving 4,125
privilege shall be suspended as provided in this section. 4,127
In hearing the matter and determining whether the person 4,129
has shown cause why the person's driving privileges should not be 4,130
suspended, the court shall decide the issue upon the record 4,131
certified by the registrar and such additional relevant, 4,132
competent, and material evidence as either the registrar or the 4,133
person whose license is sought to be suspended submits. 4,134
In such proceedings, the registrar shall be represented by 4,136
the prosecuting attorney of the county in which the person 4,137
resides if the petition is filed in the county court, except 4,138
where the petitioner is a resident of a city or village within 4,139
99
the jurisdiction of a county court in which case the city 4,140
director of law or village solicitor shall represent the 4,141
registrar. If the petition is filed in the municipal court, the 4,142
registrar shall be represented as provided in section 1901.34 of 4,143
the Revised Code. 4,144
If the court finds from the evidence submitted that the 4,146
person has failed to show cause why the person's driving 4,147
privileges should not be suspended, then the court shall assess 4,149
the cost of the proceeding against the person and shall impose 4,150
the suspension provided in division (K) of this section or 4,151
withhold the suspension, or part thereof, and provide such 4,152
conditions or probation as the court deems proper. If the court 4,153
finds that the person has shown cause why the person's driving 4,154
privileges should not be suspended, the cost of the proceedings 4,156
shall be paid out of the county treasury of the county in which 4,157
the proceedings were held.
Any person whose license is suspended under this section is 4,159
not entitled to apply for or receive a new license during the 4,160
effective period of the suspension. 4,161
Upon termination of any suspension or other penalty imposed 4,163
under this section involving surrender of a license or permit and 4,164
upon request of the person whose license or permit was so 4,165
suspended or surrendered, the registrar shall return the license 4,166
or permit to the person upon determining that all provisions of 4,167
section 4507.022 of the Revised Code have been met or shall 4,168
reissue the person's license or permit under section 4507.54 of 4,169
the Revised Code, if the registrar destroyed the license or 4,170
permit under that section.
Any person whose license, permit, or privilege to operate a 4,172
motor vehicle has been suspended as a repeat traffic offender 4,173
under this section and who, during such suspension, drives any 4,174
motor vehicle upon any highway is guilty of a misdemeanor of the 4,175
first degree, and no court shall suspend the first three days of 4,176
any such sentence. 4,177
100
(O) The privilege of driving a motor vehicle on the 4,179
highways or streets of this state, given to nonresidents under 4,180
section 4507.04 of the Revised Code, is subject to suspension by 4,182
the registrar.
Sec. 4507.022. Any person whose driver's or commercial 4,191
driver's license or permit is suspended, or who is put on 4,192
probation or granted limited or occupational driving privileges, 4,193
under section 4507.021 or division (E) of section 4507.16 of the 4,194
Revised Code, is not eligible to retain the person's license, or 4,195
to have the person's license returned DRIVING PRIVILEGES 4,196
REINSTATED, until each of the following has occurred:
(A) The person successfully completes a course of remedial 4,198
driving instruction approved by the director of public safety, 4,200
provided the person commences taking the course after the 4,201
person's driver's or commercial driver's license or permit is 4,202
suspended under section 4507.021 or division (E) of section 4,203
4507.16 of the Revised Code. A minimum of twenty-five per cent
of the number of hours of instruction included in the course 4,204
shall be devoted to instruction on driver attitude. 4,205
The course also shall devote a number of hours to 4,207
instruction in the area of alcohol and drugs and the operation of 4,208
motor vehicles. The instruction shall include, but not be 4,209
limited to, a review of the laws governing the operation of a 4,210
motor vehicle while under the influence of alcohol, drugs, or
both, the dangers of operating a motor vehicle while under the 4,211
influence of alcohol, drugs, or both, and other information 4,213
relating to the operation of motor vehicles and the consumption 4,214
of alcoholic beverages and use of drugs. The director, in
consultation with the director of the department of alcohol and 4,215
drug addiction services, shall prescribe the content of the 4,217
instruction. The number of hours devoted to the area of alcohol 4,218
and drugs and the operation of motor vehicles shall comprise a 4,219
minimum of twenty-five per cent of the number of hours of
instruction included in the course. 4,220
101
(B) The person is examined in the manner provided for in 4,222
section 4507.20 of the Revised Code, and found by the registrar 4,224
of motor vehicles to be qualified to operate a motor vehicle; 4,225
(C) The person gives and maintains proof of financial 4,227
responsibility, in accordance with section 4509.45 of the Revised 4,229
Code.
Sec. 4507.08. No driver's license shall be issued to any 4,238
person under eighteen years of age, except that a probationary 4,239
license may be issued to a person over sixteen years of age and a 4,240
restricted license may be issued to a person who is fourteen or 4,241
fifteen years of age upon proof of hardship satisfactory to the 4,242
registrar of motor vehicles. No probationary license shall be 4,243
issued to any person under the age of eighteen who has been 4,244
adjudicated an unruly or delinquent child or a juvenile traffic 4,245
offender for having committed any act that if committed by an 4,246
adult would be a drug abuse offense, as defined in section 4,247
2925.01 of the Revised Code, a violation of division (B) of 4,248
section 2917.11, or a violation of division (A) of section 4,249
4511.19 of the Revised Code, unless the person has been required 4,250
by the court to attend a drug abuse or alcohol abuse education, 4,251
intervention, or treatment program specified by the court and has 4,252
satisfactorily completed the program. 4,253
No temporary instruction permit or driver's license shall 4,255
be issued to any person whose license has been suspended, during 4,256
the period for which the license was suspended, nor to any person 4,257
whose license has been revoked, under sections 4507.01 to 4507.39 4,258
of the Revised Code, until the expiration of one year after the 4,259
license was revoked. 4,260
No temporary instruction permit or driver's license shall 4,262
be issued to any person whose commercial driver's license is 4,263
suspended under section 1905.201, 2301.374, 4507.16, 4507.34, 4,264
4507.99, 4511.191, or 4511.196 of the Revised Code or under any 4,265
other provision of the Revised Code during the period of the 4,266
suspension. 4,267
102
No temporary instruction permit or driver's license shall 4,269
be issued to, or retained by: 4,270
(A) Any person who is an alcoholic, or is addicted to the 4,272
use of controlled substances to the extent that the use 4,273
constitutes an impairment to the person's ability to operate a 4,274
motor vehicle with the required degree of safety; 4,275
(B) Any person who is under the age of eighteen and has 4,277
been adjudicated an unruly or delinquent child or a juvenile 4,278
traffic offender for having committed any act that if committed 4,279
by an adult would be a drug abuse offense, as defined in section 4,280
2925.01 of the Revised Code, a violation of division (B) of 4,281
section 2917.11, or a violation of division (A) of section 4,282
4511.19 of the Revised Code, unless the person has been required 4,283
by the court to attend a drug abuse or alcohol abuse education, 4,284
intervention, or treatment program specified by the court and has 4,285
satisfactorily completed the program; 4,286
(C) Any person who, in the opinion of the registrar, is 4,288
afflicted with or suffering from a physical or mental disability 4,289
or disease that prevents the person from exercising reasonable 4,290
and ordinary control over a motor vehicle while operating the 4,291
vehicle upon the highways, except that a restricted license 4,292
effective for six months may be issued to any person otherwise 4,293
qualified who is or has been subject to any condition resulting 4,294
in episodic impairment of consciousness or loss of muscular 4,295
control and whose condition, in the opinion of the registrar, is 4,296
dormant or is sufficiently under medical control that the person 4,297
is capable of exercising reasonable and ordinary control over a 4,298
motor vehicle. A restricted license effective for six months 4,299
shall be issued to any person who is otherwise qualified who is 4,300
subject to any condition which causes episodic impairment of 4,301
consciousness or a loss of muscular control if the person 4,302
presents a statement from a licensed physician that the person's 4,303
condition is under effective medical control and the period of 4,304
time for which the control has been continuously maintained, 4,305
103
unless, thereafter, a medical examination is ordered and, 4,306
pursuant thereto, cause for denial is found. 4,307
A person to whom a six-month restricted license has been 4,309
issued shall give notice of the person's medical condition to the 4,310
registrar on forms provided by the registrar and signed by the 4,311
licensee's physician. The notice shall be sent to the registrar 4,312
six months after the issuance of the license. Subsequent 4,313
restricted licenses issued to the same individual shall be 4,314
effective for six months. 4,315
(D) Any person who is unable to understand highway 4,317
warnings or traffic signs or directions given in the English 4,318
language; 4,319
(E) Any person making an application whose driver's 4,321
license or driving privileges are under revocation or suspension 4,322
in the jurisdiction where issued or any other jurisdiction, until 4,323
the expiration of one year after the license was revoked or until 4,324
the period of suspension ends. Any person whose application is 4,325
denied under this division may file a petition in the municipal 4,326
court or county court in whose jurisdiction the person resides 4,327
agreeing to pay the cost of the proceedings and alleging that the 4,328
conduct involved in the offense that resulted in suspension or 4,329
revocation in the foreign jurisdiction would not have resulted in 4,330
a suspension or revocation had the offense occurred in this 4,331
state. If the petition is granted, petitioner shall notify the 4,332
registrar of motor vehicles by a certified copy of the court's 4,333
findings and a license shall not be denied under this division; 4,334
(F) Any person whose driver's or commercial driver's 4,336
license or permit has been permanently revoked pursuant to 4,337
division (C) of section 4507.16 of the Revised Code; 4,338
(G) ANY PERSON WHO IS NOT A RESIDENT OR TEMPORARY RESIDENT 4,340
OF THIS STATE. 4,341
Sec. 4507.09. (A) Except as provided in division (B) of 4,350
this section, every driver's license ISSUED TO A RESIDENT OF THIS 4,351
STATE expires on the birthday of the applicant in the fourth year 4,352
104
after the date it is issued, but in AND EVERY DRIVER'S LICENSE 4,353
ISSUED TO A TEMPORARY RESIDENT EXPIRES IN ACCORDANCE WITH RULES 4,354
ADOPTED BY THE REGISTRAR OF MOTOR VEHICLES. IN no event shall 4,355
any such license be issued for a period longer than four years 4,356
AND NINETY DAYS.
Subject to the requirements of section 4507.12 of the 4,358
Revised Code, every driver's license ISSUED TO A RESIDENT is 4,359
renewable within sixty days prior to its expiration upon payment 4,360
of the fees as required by law, except that AND any license of an 4,361
Ohio A TEMPORARY resident who will be temporarily out-of-state is 4,362
renewable at any time prior to its expiration NONRENEWABLE. A 4,364
NONRENEWABLE LICENSE MAY BE REPLACED WITH A NEW LICENSE WITHIN
NINETY DAYS PRIOR TO ITS EXPIRATION UPON THE APPLICANT'S 4,365
COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS. No refund shall be 4,367
made or credit given for the unexpired portion of the driver's
license that is renewed. The registrar of motor vehicles shall 4,369
notify each person whose driver's license has expired within 4,370
forty-five days after the date of expiration. Notification shall 4,371
be made by regular mail sent to the person's last known address 4,372
as shown in the records of the bureau of motor vehicles. Failure 4,373
to provide such notification shall not be construed as a renewal 4,374
or extension of any license. The registrar may issue rules 4,375
permitting the use and display of drivers' licenses at any time 4,376
not to exceed sixty NINETY days prior to the next succeeding 4,377
birthday of the applicant. For the purposes of this section, the 4,378
date of birth of any applicant born on the twenty-ninth day of 4,379
February shall be deemed to be the first day of March in any year 4,380
in which there is no twenty-ninth day of February. 4,381
The registrar may require an application for license 4,383
renewal submitted by a resident who will be temporarily 4,384
out-of-state to be accompanied by an affidavit, in a form 4,385
prescribed by the registrar, certifying that the resident will be 4,387
temporarily out-of-state at the time the resident's license will
expire. 4,388
105
(B) Every driver's license or renewal of a driver's 4,390
license issued to an applicant who is sixteen years of age or 4,391
older, but less than twenty-one years of age, expires on the 4,392
twenty-first birthday of the applicant, EXCEPT THAT AN APPLICANT 4,393
WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE THE APPLICANT'S 4,394
TWENTY-FIRST BIRTHDAY SHALL BE ISSUED A LICENSE IN ACCORDANCE 4,395
WITH DIVISION (A) OF THIS SECTION. 4,396
(C) Each person licensed as a driver under this chapter 4,398
shall notify the registrar of any change in the person's address 4,399
within ten days following that change. The notification shall be 4,400
in writing on a form provided by the registrar and shall include 4,401
the full name, date of birth, license number, county of 4,402
residence, social security number, and new address of the person. 4,403
Sec. 4507.10. (A) The registrar of motor vehicles shall 4,412
examine every applicant for a driver's license, or motorcycle 4,413
operator's endorsement before issuing any such license or 4,414
endorsement. 4,415
(B) Except as provided in section 4507.12 of the Revised 4,417
Code, the registrar may waive the examination of any person 4,418
applying for the renewal of a driver's license, or motorcycle 4,419
operator's endorsement issued under this chapter, provided that 4,420
the applicant presents either an unexpired license or endorsement 4,421
or a license or endorsement which has expired not more than six 4,422
months prior to the date of application. 4,423
(C) The registrar may waive the examination of any person 4,425
applying for the renewal of such license or endorsement who is on 4,426
active duty in the military or naval forces of the United States, 4,427
or in service with the peace corps, volunteers in service to 4,428
America, or the foreign service of the United States if the 4,429
applicant has no physical or mental disabilities that would 4,430
affect his THE APPLICANT'S driving ability and was an, HAD A 4,432
VALID Ohio licensee DRIVER'S OR COMMERCIAL DRIVER'S LICENSE at 4,433
the time he THE APPLICANT commenced such active duty or service, 4,434
AND THE APPLICANT'S LICENSE IS NOT UNDER SUSPENSION OR REVOCATION 4,435
106
BY THIS STATE OR ANY OTHER JURISDICTION. 4,436
(D) Except as provided in section 4507.12 of the Revised 4,438
Code, the registrar may waive the examination of any person 4,439
applying for such license or endorsement who meets either of the 4,440
following sets of qualifications: 4,441
(1) Has been on active duty in the military or naval 4,443
forces of the United States, presents an honorable discharge 4,444
certificate showing that he THE APPLICANT has no physical or 4,445
mental disabilities which would affect his THE APPLICANT'S 4,446
driving ability, was an HAD A VALID Ohio licensee DRIVER'S OR 4,449
COMMERCIAL DRIVER'S LICENSE at the time he THE APPLICANT 4,450
commenced such active duty, IS NOT UNDER A LICENSE SUSPENSION OR 4,451
REVOCATION BY THIS STATE OR ANY OTHER JURISDICTION, and makes the 4,452
application not more than six months after the date of discharge 4,453
or separation; 4,454
(2) Was in service with the peace corps, volunteers in 4,456
service to America, or the foreign service of the United States; 4,457
presents such evidence of such service as the registrar 4,458
prescribes showing that the applicant has no physical or mental 4,459
disabilities that would affect his APPLICANT'S driving ability; 4,460
was an HAD A VALID Ohio licensee DRIVER'S OR COMMERCIAL DRIVER'S 4,462
LICENSE at the time he THE APPLICANT commenced such service;, IS 4,464
NOT UNDER A LICENSE SUSPENSION OR REVOCATION BY THIS STATE OR ANY 4,465
OTHER JURISDICTION, and makes the application no more than six 4,466
months after leaving the peace corps, volunteers, or foreign 4,467
service.
Sec. 4507.13. (A) The registrar of motor vehicles shall 4,476
issue a driver's license to every person licensed as an operator 4,477
of motor vehicles other than commercial motor vehicles. No 4,478
person licensed as a commercial motor vehicle driver under 4,479
Chapter 4506. of the Revised Code need procure a driver's 4,480
license, but no person shall drive any commercial motor vehicle 4,481
unless licensed as a commercial motor vehicle driver. 4,482
Every driver's license shall bear on it the distinguishing 4,484
107
number assigned to the licensee and shall contain the licensee's 4,485
name, date of birth, social security number if such number has 4,486
been assigned; the licensee's residence address and county of 4,487
residence; a color photograph of the licensee; a brief 4,488
description of the licensee for the purpose of identification; a 4,490
facsimile of the signature of the licensee as it appears on the 4,491
application for the license; a space marked "blood type" in which 4,492
a licensee may specify his THE LICENSEE'S blood type; a notation, 4,493
in a manner prescribed by the registrar, indicating any condition 4,494
described in division (D) of section 4507.08 of the Revised Code
to which the licensee is subject; on and after May 1, 1993, if 4,496
the licensee has executed a durable power of attorney for health 4,497
care or a declaration governing the use or continuation, or the 4,498
withholding or withdrawal, of life-sustaining treatment and has 4,499
specified that he THE LICENSEE wishes his THE license to indicate 4,500
that he THE LICENSEE has executed either type of instrument, any 4,502
symbol chosen by the registrar to indicate that the licensee has 4,503
executed either type of instrument; and any additional 4,504
information that the registrar requires by rule.
The driver's license for licensees under twenty-one years 4,506
of age shall have characteristics prescribed by the registrar 4,507
distinguishing it from that issued to a licensee who is 4,508
twenty-one years of age or older, EXCEPT THAT A DRIVER'S LICENSE 4,509
ISSUED TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE 4,510
THE APPLICANT'S TWENTY-FIRST BIRTHDAY SHALL HAVE THE
CHARACTERISTICS OF A LICENSE ISSUED TO A PERSON WHO IS TWENTY-ONE 4,511
YEAR OF AGE OR OLDER.
THE DRIVER'S LICENSE ISSUED TO A TEMPORARY RESIDENT SHALL 4,513
CONTAIN THE WORD "NONRENEWABLE" AND SHALL HAVE ANY ADDITIONAL 4,514
CHARACTERISTICS PRESCRIBED BY THE REGISTRAR DISTINGUISHING IT 4,515
FROM A LICENSE ISSUED TO A RESIDENT.
Every driver's or commercial driver's license bearing a 4,517
motorcycle operator's endorsement and every restricted license to 4,518
operate a motor vehicle also shall bear the designation "novice," 4,519
108
if the endorsement or license is issued to a person who is 4,520
eighteen years of age or older and previously has not been 4,521
licensed to operate a motorcycle by this state or another 4,522
jurisdiction recognized by this state. The "novice" designation 4,523
shall be effective for one year after the date of issuance of the 4,524
motorcycle operator's endorsement or license. 4,525
Each license issued under this section shall be of such 4,527
material and so designed as to prevent its reproduction or 4,528
alteration without ready detection and, to this end, shall be 4,529
laminated with a transparent plastic material. 4,530
(B) Neither EXCEPT IN REGARD TO A DRIVER'S LICENSE ISSUED 4,532
TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE THE 4,533
APPLICANT'S TWENTY-FIRST BIRTHDAY, NEITHER the registrar nor any 4,534
deputy registrar shall issue a driver's license to anyone under 4,536
twenty-one years of age that does not have the characteristics 4,537
prescribed by the registrar distinguishing it from the driver's 4,538
license issued to persons who are twenty-one years of age or
older. 4,539
Sec. 4507.14. The registrar of motor vehicles upon issuing 4,548
a driver's license, a motorcycle operator's endorsement, a 4,549
driver's license renewal, or the renewal of any other license 4,550
issued under this chapter, may, whenever good cause appears, MAY 4,551
impose restrictions suitable to the licensee's driving ability 4,552
with respect to the type of or special mechanical control devices 4,553
required on a motor vehicle which the licensee may operate, or 4,554
such other restrictions applicable to the licensee as the 4,555
registrar determines to be necessary. 4,556
When issuing licenses A LICENSE to a deaf person or to 4,558
persons with impaired hearing, the registrar shall require that A 4,559
motor vehicles VEHICLE operated by such persons THE PERSON be 4,561
equipped with two OUTSIDE rear vision mirrors, one outside ON THE 4,562
LEFT SIDE and one inside such motor vehicles THE OTHER ON THE 4,563
RIGHT SIDE.
The registrar may either MAY issue a special restricted 4,565
109
license or may set forth such restrictions upon the usual license 4,566
form.
The registrar, upon receiving satisfactory evidence of any 4,568
violation of the restrictions of such license, AFTER AN 4,570
OPPORTUNITY FOR A HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE 4,571
REVISED CODE, may suspend or revoke the same THE LICENSE FOR A
PERIOD OF SIX MONTHS. 4,572
Sec. 4507.16. (A)(1) The trial judge of any court of 4,587
record, in addition to or independent of all other penalties 4,588
provided by law or by ordinance, shall suspend for not less than 4,589
thirty days or more than three years or shall revoke the driver's 4,590
or commercial driver's license or permit or nonresident operating 4,592
privilege of any person who is convicted of or pleads guilty to 4,593
any of the following: 4,594
(a) Perjury or the making of a false affidavit under this 4,596
chapter, or any other law of this state requiring the 4,597
registration of motor vehicles or regulating their operation on 4,598
the highway; 4,599
(b) Any crime punishable as a felony under the motor 4,601
vehicle laws of this state or any other felony in the commission 4,602
of which a motor vehicle is used; 4,603
(c) Failing to stop and disclose identity at the scene of 4,605
the accident when required by law or ordinance to do so; 4,606
(d) Street racing as defined in section 4511.251 of the 4,609
Revised Code or any substantially similar municipal ordinance; 4,610
(e) Willfully eluding or fleeing a police officer; 4,612
(f) Trafficking in cigarettes with the intent to avoid 4,614
payment of the cigarette tax under division (A) of section 4,615
5743.112 of the Revised Code; 4,616
(g) A violation of section 2903.06, 2903.07, or 2903.08 of 4,618
the Revised Code or a municipal ordinance substantially similar 4,619
to section 2903.07 of the Revised Code, unless the jury or judge 4,620
as trier of fact in the case finds that the offender was under 4,621
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,622
110
of abuse at the time of the commission of the offense. 4,623
If a person is convicted of or pleads guilty to a violation 4,625
of section 2907.24 of the Revised Code, an attempt to commit a 4,626
violation of that section, or a violation of or an attempt to 4,627
commit a violation of a municipal ordinance that is substantially 4,628
equivalent to that section and if the person, in committing or 4,629
attempting to commit the violation, was in, was on, or used a
motor vehicle, the trial judge of a court of record, in addition 4,630
to or independent of all other penalties provided by law or 4,631
ordinance, shall suspend for thirty days the person's driver's or 4,632
commercial driver's license or permit. 4,633
The trial judge of any court of record, in addition to 4,635
suspensions or revocations of licenses, permits, or privileges 4,636
pursuant to this division and in addition to or independent of 4,637
all other penalties provided by law or by ordinance, shall impose 4,638
a suspended jail sentence not to exceed six months, if 4,639
imprisonment was not imposed for the offense for which the person 4,640
was convicted. 4,641
(2) If the trial judge of any court of record suspends or 4,644
revokes the driver's or commercial driver's license or permit or
nonresident operating privilege of a person who is convicted of 4,645
or pleads guilty to any offense for which such suspension or 4,646
revocation is provided by law or ordinance, in addition to all 4,647
other penalties provided by law or ordinance, the judge may issue 4,648
an order prohibiting the offender from registering, renewing, or 4,649
transferring the registration of any vehicle during the period 4,650
that the offender's license, permit, or privilege is suspended or
revoked. The court promptly shall send a copy of the order to 4,651
the registrar of motor vehicles. 4,652
Upon receipt of such an order, neither the registrar nor 4,654
any deputy registrar shall accept any application for the 4,655
registration, registration renewal, or transfer of registration 4,656
of any motor vehicle owned or leased by the person named in the 4,657
order during the period that the person's license, permit, or 4,658
111
privilege is suspended or revoked, unless the registrar is
properly notified by the court that the order of suspension or 4,659
revocation has been canceled. When the period of suspension or 4,660
revocation expires or the order is canceled, the registrar or 4,661
deputy registrar shall accept the application for registration, 4,662
registration renewal, or transfer of registration of the person
named in the order. 4,663
(B) Except as otherwise provided in this section, the 4,665
trial judge of any court of record and the mayor of a mayor's 4,666
court, in addition to or independent of all other penalties 4,667
provided by law or by ordinance, shall revoke the driver's or 4,668
commercial driver's license or permit or nonresident operating 4,669
privilege of any person who is convicted of or pleads guilty to a 4,670
violation of division (A) of section 4511.19 of the Revised Code, 4,671
of a municipal ordinance relating to operating a vehicle while 4,672
under the influence of alcohol, a drug of abuse, or alcohol and a 4,673
drug of abuse, or of a municipal ordinance that is substantially 4,674
equivalent to division (A) of section 4511.19 of the Revised Code 4,675
relating to operating a vehicle with a prohibited concentration 4,676
of alcohol in the blood, breath, or urine or suspend the license, 4,677
permit, or privilege as follows: 4,678
(1) Except when division (B)(2), (3), or (4) of this 4,680
section applies and the judge or mayor is required to suspend or 4,681
revoke the offender's license or permit pursuant to that 4,682
division, the judge or mayor shall suspend the offender's 4,683
driver's or commercial driver's license or permit or nonresident 4,684
operating privilege for not less than six months nor more than 4,685
three years. 4,686
(2) Subject to division (B)(4) of this section, if, within 4,688
six years of the offense, the offender has been convicted of or 4,690
pleaded guilty to one violation of division (A) or (B) of section 4,691
4511.19 of the Revised Code, a municipal ordinance relating to 4,692
operating a vehicle while under the influence of alcohol, a drug 4,693
of abuse, or alcohol and a drug of abuse, a municipal ordinance 4,694
112
relating to operating a motor vehicle with a prohibited 4,695
concentration of alcohol in the blood, breath, or urine, section 4,696
2903.04 of the Revised Code in a case in which the offender was 4,697
subject to the sanctions described in division (D) of that 4,698
section, section 2903.06, 2903.07, or 2903.08 of the Revised Code 4,699
or a municipal ordinance that is substantially similar to section 4,700
2903.07 of the Revised Code in a case in which the jury or judge 4,701
found that the offender was under the influence of alcohol, a 4,702
drug of abuse, or alcohol and a drug of abuse, or a statute of 4,703
THE UNITED STATES OR OF any other state or a municipal ordinance 4,704
of a municipal corporation located in any other state that is 4,705
substantially similar to division (A) or (B) of section 4511.19 4,706
of the Revised Code, the judge shall suspend the offender's 4,707
driver's or commercial driver's license or permit or nonresident 4,708
operating privilege for not less than one year nor more than five 4,709
years.
(3) Subject to division (B)(4) of this section, if, within 4,711
six years of the offense, the offender has been convicted of or 4,712
pleaded guilty to two violations described in division (B)(2) of 4,713
this section, or a statute of THE UNITED STATES OR OF any other 4,714
state or a municipal ordinance of a municipal corporation located 4,716
in any other state that is substantially similar to division (A) 4,717
or (B) of section 4511.19 of the Revised Code, the judge shall 4,718
suspend the offender's driver's or commercial driver's license or 4,719
permit or nonresident operating privilege for not less than one 4,720
year nor more than ten years.
(4) If, within six years of the offense, the offender has 4,722
been convicted of or pleaded guilty to three or more violations 4,723
described in division (B)(2) of this section, or a statute of THE 4,725
UNITED STATES OR OF any other state or a municipal ordinance of a 4,726
municipal corporation located in any other state that is 4,727
substantially similar to division (A) or (B) of section 4511.19
of the Revised Code, or if the offender previously has been 4,729
convicted of or pleaded guilty to a violation of division (A) of 4,730
113
section 4511.19 of the Revised Code under circumstances in which 4,731
the violation was a felony and regardless of when the violation 4,732
and the conviction or guilty plea occurred, the judge shall
suspend the offender's driver's or commercial driver's license or 4,734
permit or nonresident operating privilege for a period of time 4,735
set by the court but not less than three years, and the judge may 4,736
permanently revoke the offender's driver's or commercial driver's 4,737
license or permit or nonresident operating privilege. 4,738
(5) The filing of an appeal by a person whose driver's or 4,740
commercial driver's license is suspended or revoked under 4,741
division (B)(1), (2), (3), or (4) of this section regarding any 4,742
aspect of the person's trial or sentence does not stay the 4,743
operation of the suspension or revocation. 4,745
(C) The trial judge of any court of record or the mayor of 4,747
a mayor's court, in addition to or independent of all other 4,748
penalties provided by law or by ordinance, may suspend the 4,749
driver's or commercial driver's license or permit or nonresident 4,750
operating privilege of any person who violates a requirement or 4,751
prohibition of the court imposed under division (F) of this 4,752
section or division (G)(1) of section 2951.02 of the Revised Code 4,754
as follows:
(1) For not more than one year, upon conviction for a 4,756
first violation of the requirement or prohibition; 4,757
(2) For not more than five years, upon conviction for a 4,759
second or subsequent violation of the requirement or prohibition 4,760
during the same period of required use of an ignition interlock 4,761
device that is certified pursuant to section 4511.83 of the 4,762
Revised Code. 4,763
(D)(1) The trial judge of any court of record, in addition 4,765
to or independent of all other penalties provided by law or by 4,766
ordinance, shall permanently revoke the driver's or commercial 4,767
driver's license or permit or nonresident operating privilege of 4,768
any person who is convicted of or pleads guilty to a violation of 4,769
section 2903.04 of the Revised Code in a case in which the 4,770
114
offender is subject to the sanctions described in division (D) of 4,771
that section, or of any person who is convicted of or pleads 4,772
guilty to a violation of section 2903.06, 2903.07, or 2903.08 of 4,773
the Revised Code or of a municipal ordinance that is 4,774
substantially similar to section 2903.07 of the Revised Code if 4,775
the jury or judge as trier of fact in the case in which the 4,776
person is convicted finds that the offender was under the 4,777
influence of alcohol, a drug of abuse, or alcohol and a drug of 4,778
abuse, at the time of the commission of the offense. 4,779
(2) In addition to any prison term authorized or required 4,781
by the section that establishes the offense and sections 2929.13 4,783
and 2929.14 of the Revised Code, and in addition to any other 4,784
sanction imposed for the offense under the section that 4,785
establishes the offense or sections 2929.11 to 2929.182 of the 4,786
Revised Code, the court that sentences an offender who is 4,787
convicted of or pleads guilty to a violation of section 2925.02, 4,788
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 4,789
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37
of the Revised Code either shall revoke or, if it does not 4,793
revoke, shall suspend for not less than six months or more than 4,794
five years, as specified in the section that establishes the 4,795
offense, the person's driver's or commercial driver's license or 4,797
permit. If the person's driver's or commercial driver's license 4,798
or permit is under suspension on the date the court imposes 4,799
sentence upon the person, any revocation imposed upon the person 4,800
that is referred to in division (D)(2) of this section shall take 4,802
effect immediately. If the person's driver's or commercial 4,803
driver's license or permit is under suspension on the date the 4,804
court imposes sentence upon the person, any period of suspension 4,805
imposed upon the person that is referred to in division (D)(2) of 4,806
this section shall take effect on the next day immediately 4,807
following the end of that period of suspension. If the person is 4,808
sixteen years of age or older and is a resident of this state but 4,809
does not have a current, valid Ohio driver's or commercial 4,810
115
driver's license or permit, the court shall order the registrar 4,811
of motor vehicles to deny to the person the issuance of a 4,812
driver's or commercial driver's license or permit for six months 4,813
beginning on the date the court imposes a sentence upon the 4,814
person. If the person has not attained the age of sixteen years 4,815
on the date the court sentences the person for the violation, the 4,816
period of denial shall commence on the date the person attains 4,818
the age of sixteen years.
(E) Except as otherwise provided in this section, the 4,820
trial judge of any court of record and the mayor of a mayor's 4,821
court, in addition to or independent of all other penalties 4,822
provided by law or ordinance, shall suspend for not less than 4,823
sixty days nor more than two years the driver's or commercial 4,824
driver's license or permit or nonresident operating privilege of 4,825
any person who is convicted of or pleads guilty to a violation of 4,826
division (B) of section 4511.19 of the Revised Code or of a 4,827
municipal ordinance substantially equivalent to that division 4,828
relating to operating a vehicle with a prohibited concentration 4,829
of alcohol in the blood, breath, or urine. 4,830
(F) If a person's driver's or commercial driver's license 4,832
or permit or nonresident operating privilege has been suspended 4,833
pursuant to division (B) or (C) of this section or pursuant to 4,834
division (F) of section 4511.191 of the Revised Code, and the 4,835
person, within the preceding seven years, has been convicted of 4,836
or pleaded guilty to three or more violations of division (A) or 4,837
(B) of section 4511.19 of the Revised Code, a municipal ordinance 4,838
relating to operating a vehicle while under the influence of 4,839
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 4,840
municipal ordinance relating to operating a vehicle with a 4,841
prohibited concentration of alcohol in the blood, breath, or 4,842
urine, section 2903.04 of the Revised Code in a case in which the 4,843
person was subject to the sanctions described in division (D) of 4,844
that section, section 2903.06, 2903.07, or 2903.08 of the Revised 4,846
Code or a municipal ordinance that is substantially similar to 4,847
116
section 2903.07 of the Revised Code in a case in which the jury 4,848
or judge found that the person was under the influence of 4,849
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a
statute of THE UNITED STATES OR OF any other state or a municipal 4,851
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 4,852
4511.19 of the Revised Code, the person is not entitled to 4,854
request, and the judge or mayor shall not grant to the person, 4,855
occupational driving privileges under this division. Any other 4,856
person whose driver's or commercial driver's license or 4,857
nonresident operating privilege has been suspended under any of 4,858
those divisions may file a petition that alleges that the 4,859
suspension would seriously affect the person's ability to 4,860
continue the person's employment. The petition of a person whose 4,862
license, permit, or privilege was suspended pursuant to division 4,863
(F) of section 4511.191 of the Revised Code shall be filed in the 4,864
court specified in division (I)(4) of that section, and the 4,865
petition of a person whose license, permit, or privilege was 4,866
suspended under division (B) or (C) of this section shall be
filed in the municipal, county, mayor's, or in the case of a 4,867
minor, juvenile court that has jurisdiction over the place of 4,868
arrest. Upon satisfactory proof that there is reasonable cause 4,869
to believe that the suspension would seriously affect the 4,870
person's ability to continue the person's employment, the judge 4,872
of the court or mayor of the mayor's court may grant the person 4,873
occupational driving privileges during the period during which 4,874
the suspension otherwise would be imposed, except that the judge 4,875
or mayor shall not grant occupational driving privileges to any 4,876
person who, within seven years of the filing of the petition, has 4,877
been convicted of or pleaded guilty to three or more violations 4,878
of division (A) or (B) of section 4511.19 of the Revised Code, a 4,879
municipal ordinance relating to operating a vehicle while under 4,880
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,881
of abuse, a municipal ordinance relating to operating a vehicle 4,882
117
with a prohibited concentration of alcohol in the blood, breath, 4,883
or urine, section 2903.04 of the Revised Code in a case in which 4,884
the person was subject to the sanctions described in division (D) 4,885
of that section, section 2903.06, 2903.07, or 2903.08 of the 4,886
Revised Code or a municipal ordinance that is substantially 4,887
similar to section 2903.07 of the Revised Code in a case in which 4,888
the jury or judge found that the person was under the influence 4,889
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,891
statute of THE UNITED STATES OR OF any other state or a municipal 4,892
ordinance of a municipal corporation located in any other state 4,893
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, shall not grant occupational driving 4,895
privileges for employment as a driver of commercial motor 4,896
vehicles to any person who is disqualified from operating a 4,897
commercial motor vehicle under section 2301.374 or 4506.16 of the 4,898
Revised Code, and shall not grant occupational driving privileges 4,899
during any of the following periods of time: 4,900
(1) The first fifteen days of suspension imposed upon an 4,902
offender whose license, permit, or privilege is suspended 4,903
pursuant to division (B)(1) of this section or division (F)(1) of 4,904
section 4511.191 of the Revised Code. On or after the sixteenth 4,905
day of suspension, the court may grant the offender occupational 4,906
driving privileges, but the court may provide that the offender 4,907
shall not exercise the occupational driving privileges unless the 4,909
vehicles the offender operates are equipped with ignition 4,910
interlock devices. 4,911
(2) The first thirty days of suspension imposed upon an 4,913
offender whose license, permit, or privilege is suspended 4,914
pursuant to division (B)(2) of this section or division (F)(2) of 4,915
section 4511.191 of the Revised Code. On or after the 4,916
thirty-first day of suspension, the court may grant the offender 4,917
occupational driving privileges, but the court may provide that 4,918
the offender shall not exercise the occupational driving 4,919
privileges unless the vehicles the offender operates are equipped 4,921
118
with ignition interlock devices.
(3) The first one hundred eighty days of suspension 4,923
imposed upon an offender whose license, permit, or privilege is 4,924
suspended pursuant to division (B)(3) of this section or division 4,925
(F)(3) of section 4511.191 of the Revised Code. The judge may 4,926
grant occupational driving privileges to an offender who receives 4,927
a suspension under either of those divisions on or after the one 4,929
hundred eighty-first day of the suspension only if division (F) 4,930
of this section does not prohibit the judge from granting the 4,931
privileges and only if the judge, at the time of granting the 4,932
privileges, also issues an order prohibiting the offender, while 4,934
exercising the occupational driving privileges during the period 4,935
commencing with the one hundred eighty-first day of suspension 4,936
and ending with the first year of suspension, from operating any 4,937
motor vehicle unless it is equipped with a certified ignition 4,938
interlock device. After the first year of the suspension, the 4,939
court may authorize the offender to continue exercising the 4,940
occupational driving privileges in vehicles that are not equipped 4,941
with ignition interlock devices. If the offender does not 4,942
petition for occupational driving privileges until after the 4,943
first year of suspension and if division (F) of this section does 4,944
not prohibit the judge from granting the privileges, the judge 4,945
may grant the offender occupational driving privileges without 4,946
requiring the use of a certified ignition interlock device. 4,947
(4) The first three years of suspension imposed upon an 4,949
offender whose license, permit, or privilege is suspended 4,950
pursuant to division (B)(4) of this section or division (F)(4) of 4,951
section 4511.191 of the Revised Code. The judge may grant 4,952
occupational driving privileges to an offender who receives a 4,953
suspension under either of those divisions after the first three 4,955
years of suspension only if division (F) of this section does not 4,956
prohibit the judge from granting the privileges and only if the 4,957
judge, at the time of granting the privileges, also issues an 4,958
order prohibiting the offender from operating any motor vehicle, 4,959
119
for the period of suspension following the first three years of 4,960
suspension, unless the motor vehicle is equipped with a certified 4,961
ignition interlock device. 4,962
(G) If a person's driver's or commercial driver's license 4,964
or permit or nonresident operating privilege has been suspended 4,965
under division (E) of this section, and the person, within the 4,966
preceding seven years, has been convicted of or pleaded guilty to 4,967
three or more violations of division (A) or (B) of section 4,968
4511.19 of the Revised Code, a municipal ordinance relating to 4,969
operating a vehicle while under the influence of alcohol, a drug 4,970
of abuse, or alcohol and a drug of abuse, a municipal ordinance 4,971
relating to operating a vehicle with a prohibited concentration 4,972
of alcohol in the blood, breath, or urine, section 2903.04 of the 4,973
Revised Code in a case in which the person was subject to the 4,974
sanctions described in division (D) of that section, section 4,975
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal 4,976
ordinance that is substantially similar to section 2903.07 of the 4,977
Revised Code in a case in which the jury or judge found that the 4,978
person was under the influence of alcohol, a drug of abuse, or 4,979
alcohol and a drug of abuse, or a statute of THE UNITED STATES OR 4,981
OF any other state or a municipal ordinance of a municipal 4,982
corporation located in any other state that is substantially 4,983
similar to division (A) or (B) of section 4511.19 of the Revised 4,984
Code, the person is not entitled to request, and the judge or 4,986
mayor shall not grant to the person, occupational driving 4,987
privileges under this division. Any other person whose driver's 4,988
or commercial driver's license or nonresident operating privilege 4,989
has been suspended under division (E) of this section may file a 4,990
petition that alleges that the suspension would seriously affect 4,991
the person's ability to continue the person's employment. The 4,992
petition shall be filed in the municipal, county, or mayor's 4,994
court that has jurisdiction over the place of arrest. Upon 4,995
satisfactory proof that there is reasonable cause to believe that 4,996
the suspension would seriously affect the person's ability to 4,997
120
continue the person's employment, the judge of the court or mayor 4,999
of the mayor's court may grant the person occupational driving 5,000
privileges during the period during which the suspension 5,001
otherwise would be imposed, except that the judge or mayor shall 5,002
not grant occupational driving privileges to any person who, 5,003
within seven years of the filing of the petition, has been 5,004
convicted of or pleaded guilty to three or more violations of 5,005
division (A) or (B) of section 4511.19 of the Revised Code, a
municipal ordinance relating to operating a vehicle while under 5,006
the influence of alcohol, a drug of abuse, or alcohol and a drug 5,007
of abuse, a municipal ordinance relating to operating a vehicle 5,008
with a prohibited concentration of alcohol in the blood, breath, 5,009
or urine, section 2903.04 of the Revised Code in a case in which 5,010
the person was subject to the sanctions described in division (D) 5,011
of that section, section 2903.06, 2903.07, or 2903.08 of the 5,012
Revised Code or a municipal ordinance that is substantially 5,013
similar to section 2903.07 of the Revised Code in a case in which 5,014
the jury or judge found that the person was under the influence 5,015
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 5,017
statute of THE UNITED STATES OR OF any other state or a municipal 5,018
ordinance of a municipal corporation located in any other state 5,019
that is substantially similar to division (A) or (B) of section 5,020
4511.19 of the Revised Code, shall not grant occupational driving 5,021
privileges for employment as a driver of commercial motor 5,022
vehicles to any person who is disqualified from operating a 5,023
commercial motor vehicle under section 4506.16 of the Revised 5,024
Code, and shall not grant occupational driving privileges during 5,025
the first sixty days of suspension imposed upon an offender whose 5,026
driver's or commercial driver's license or permit or nonresident 5,027
operating privilege is suspended pursuant to division (E) of this 5,028
section.
(H)(1) After a driver's or commercial driver's license or 5,030
permit has been suspended or revoked pursuant to this section, 5,032
the judge of the court or mayor of the mayor's court that 5,033
121
suspended or revoked the license or permit shall cause the 5,034
offender to deliver the license or permit to the court. The 5,035
judge, mayor, or clerk of the court or mayor's court, if the 5,036
license or permit has been suspended or revoked in connection 5,037
with any of the offenses listed in this section, forthwith shall 5,038
forward it to the registrar with notice of the action of the 5,040
court.
(2) Suspension of a commercial driver's license under this 5,042
section shall be concurrent with any period of disqualification 5,043
under section 2301.374 or 4506.16 of the Revised Code. No person 5,044
who is disqualified for life from holding a commercial driver's 5,045
license under section 4506.16 of the Revised Code shall be issued 5,046
a driver's license under this chapter during the period for which 5,047
the commercial driver's license was suspended under this section, 5,048
and no person whose commercial driver's license is suspended 5,049
under this section shall be issued a driver's license under this 5,050
chapter during the period of the suspension. 5,051
(I) No judge shall suspend the first thirty days of 5,053
suspension of a driver's or commercial driver's license or permit 5,055
or a nonresident operating privilege required under division (A) 5,056
of this section, no judge or mayor shall suspend the first six 5,057
months of suspension required under division (B)(1) of this 5,058
section, no judge shall suspend the first year of suspension 5,059
required under division (B)(2) of this section, no judge shall 5,060
suspend the first year of suspension required under division 5,061
(B)(3) of this section, no judge shall suspend the first three 5,062
years of suspension required under division (B)(4) of this 5,063
section, no judge or mayor shall suspend the revocation required 5,064
by division (D) of this section, and no judge or mayor shall 5,065
suspend the first sixty days of suspension required under 5,066
division (E) of this section, except that the court shall credit 5,067
any period of suspension imposed pursuant to section 4511.191 or 5,068
4511.196 of the Revised Code against any time of suspension 5,069
imposed pursuant to division (B) or (E) of this section as 5,070
122
described in division (J) of this section.
(J) The judge of the court or mayor of the mayor's court 5,072
shall credit any time during which an offender was subject to an 5,073
administrative suspension of the offender's driver's or 5,074
commercial driver's license or permit or nonresident operating 5,076
privilege imposed pursuant to division (E) or (F) of section 5,077
4511.191 or a suspension imposed by a judge, referee, or mayor 5,078
pursuant to division (B)(1) or (2) of section 4511.196 of the 5,079
Revised Code against the time to be served under a related 5,080
suspension imposed pursuant to this section. 5,081
(K) The judge or mayor shall notify the bureau of any 5,083
determinations made, and of any suspensions or revocations 5,084
imposed, pursuant to division (B) of this section. 5,085
(L)(1) If a court issues an ignition interlock order under 5,087
division (F) of this section, the order shall authorize the 5,088
offender during the specified period to operate a motor vehicle 5,089
only if it is equipped with a certified ignition interlock 5,090
device. The court shall provide the offender with a copy of an 5,091
ignition interlock order issued under division (F) of this 5,092
section, and the copy of the order shall be used by the offender 5,093
in lieu of an Ohio driver's or commercial driver's license or 5,094
permit until the registrar or a deputy registrar issues the 5,095
offender a restricted license. 5,096
An order issued under division (F) of this section does not 5,098
authorize or permit the offender to whom it has been issued to 5,099
operate a vehicle during any time that the offender's driver's or 5,100
commercial driver's license or permit is suspended or revoked 5,101
under any other provision of law. 5,102
(2) The offender may present the ignition interlock order 5,104
to the registrar or to a deputy registrar. Upon presentation of 5,105
the order to the registrar or a deputy registrar, the registrar 5,106
or deputy registrar shall issue the offender a restricted 5,107
license. A restricted license issued under this division shall 5,108
be identical to an Ohio driver's license, except that it shall 5,109
123
have printed on its face a statement that the offender is 5,110
prohibited during the period specified in the court order from 5,111
operating any motor vehicle that is not equipped with a certified 5,112
ignition interlock device, and except that the date of 5,113
commencement and the date of termination of the period shall be 5,114
indicated conspicuously upon the face of the license. 5,115
(3) As used in this section: 5,117
(a) "Ignition interlock device" has the same meaning as in 5,119
section 4511.83 of the Revised Code. 5,120
(b) "Certified ignition interlock device" means an 5,122
ignition interlock device that is certified pursuant to section 5,123
4511.83 of the Revised Code. 5,124
Sec. 4507.162. (A) Except as provided in division (C) of 5,133
this section, the registrar of motor vehicles shall suspend the 5,134
probationary driver's license or restricted license issued to any 5,135
person when the person, before reaching his THE PERSON'S 5,136
eighteenth birthday, has been convicted of, pleaded guilty to, or 5,138
been adjudicated in juvenile court of having committed any of the 5,139
following:
(1) Three separate violations in any two-year period of 5,141
section 2903.06, 2903.07, 2903.08, 2921.331, 4511.12, 4511.13, 5,142
4511.15, 4511.191, 4511.192, 4511.20, 4511.201, 4511.202, 5,143
4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57 to 5,144
4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised 5,145
Code, section 2903.04 of the Revised Code in a case in which the 5,146
person would have been subject to the sanctions described in 5,147
division (D) of that section had he THE PERSON been convicted of 5,148
the violation of that section, or any municipal ordinances 5,150
similarly relating to the offenses contained in those sections; 5,151
(2) One violation of section 4511.19 of the Revised Code 5,153
or a substantially similar municipal ordinance. 5,154
Any person whose license is suspended under division (A) of 5,156
this section shall mail or deliver his THE PERSON'S probationary 5,157
driver's license or restricted license to the registrar within 5,159
124
fourteen days of notification of the suspension. The registrar 5,160
shall retain the license during the period of the suspension. A 5,161
suspension pursuant to division (A)(1) of this section shall 5,162
remain in effect until one year has elapsed since the date of 5,163
suspension of the probationary driver's license or restricted 5,164
license and a suspension pursuant to division (A)(2) of this 5,165
section shall remain in effect until six months have elapsed 5,166
since the date of the suspension. If the person's probationary 5,167
driver's license or restricted license is under suspension on the 5,168
date the court imposes sentence upon the person for a violation 5,169
described in division (A)(2) of this section, the suspension 5,170
shall take effect on the next day immediately following the end 5,171
of that period of suspension. If the person is sixteen years of 5,172
age or older and pleads guilty to or is convicted of a violation 5,173
described in division (A)(2) of this section and he THE PERSON 5,174
does not have a current, valid probationary driver's license or 5,176
restricted license, the registrar shall deny the issuance to the 5,177
person of a probationary driver's license, restricted license, 5,178
driver's license, probationary commercial driver's license, or 5,179
commercial driver's license, as the case may be, for six months 5,180
beginning on the date the court imposes sentence upon the person 5,181
for the violation. If the person has not attained the age of 5,182
sixteen years on the date the court imposes sentence upon him THE 5,183
PERSON for the violation, the period of denial shall commence on 5,185
the date the person attains the age of sixteen years. 5,186
(B) The registrar also shall suspend the temporary 5,188
instruction permit or probationary driver's license of any person 5,189
under the age of eighteen who has been adjudicated unruly, 5,190
delinquent, or a juvenile traffic offender for having committed 5,191
any act that if committed by an adult would be a drug abuse 5,192
offense as defined in section 2925.01 of the Revised Code, or a 5,193
violation of division (B) of section 2917.11 of the Revised Code 5,194
until the person reaches the age of eighteen years or attends, at 5,195
the discretion of the court, and satisfactorily completes a drug 5,196
125
abuse or alcohol abuse education, intervention, or treatment 5,197
program specified by the court. Any person whose temporary 5,198
instruction permit or probationary driver's license is suspended 5,199
under this division shall mail or deliver his THE PERSON'S permit 5,201
or license to the registrar within fourteen days of notification 5,202
of the suspension. The registrar shall retain the license during 5,203
the period of the suspension. 5,204
(C) If a person is convicted of, pleads guilty to, or is 5,206
adjudicated in juvenile court of having committed a third 5,207
violation of sections 4511.12, 4511.13, 4511.15, 4511.20 to 5,208
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or 5,209
4511.75 of the Revised Code or any similar municipal ordinances 5,210
within a two-year period, and the person, within the preceding 5,211
seven years, has been convicted of, pleaded guilty to, or 5,212
adjudicated in juvenile court of having committed three or more 5,213
violations of division (A) or (B) of section 4511.19 of the 5,214
Revised Code, a municipal ordinance relating to operating a 5,215
vehicle while under the influence of alcohol, a drug of abuse, or 5,216
alcohol and a drug of abuse, a municipal ordinance relating to 5,217
operating a vehicle with a prohibited concentration of alcohol in 5,218
the blood, breath, or urine, section 2903.04 of the Revised Code 5,219
in a case in which the person was subject to the sanctions 5,220
described in division (D) of that section, or section 2903.06, 5,221
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 5,222
that is substantially similar to section 2903.07 of the Revised 5,223
Code in a case in which the jury or judge found that the person 5,224
was under the influence of alcohol, a drug of abuse, or alcohol 5,225
and a drug of abuse, the person is not entitled to request, and 5,226
the court shall not grant to the person, occupational driving 5,227
privileges under this division. For any other person who is 5,228
convicted of, pleads guilty to, or is adjudicated in juvenile 5,229
court of having committed a third violation of sections 4511.12, 5,230
4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 to 5,231
4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or 5,232
126
any similar municipal ordinances within a two-year period, the 5,233
court in which the third conviction, finding, plea, or 5,234
adjudication was made, upon petition of the person, may grant the 5,235
person occupational driving privileges if the court finds that 5,236
the person will reach his THE PERSON'S eighteenth birthday before 5,238
the period of suspension required to be imposed under division 5,239
(A)(1) of this section expires and further finds reasonable cause 5,240
to believe that the suspension, if continued beyond the person's 5,241
eighteenth birthday, will seriously affect the person's ability 5,242
to continue in his employment. The occupational driving 5,243
privileges granted under this division shall be effective on the 5,244
person's eighteenth birthday and during the period following such 5,245
birthday for which the suspension would otherwise be imposed. A 5,246
court shall not grant occupational driving privileges to any 5,247
person who, within seven years of the filing of the petition, has 5,248
been convicted of, pleaded guilty to, or adjudicated in juvenile 5,249
court of having committed three or more violations of division 5,250
(A) or (B) of section 4511.19 of the Revised Code, a municipal 5,251
ordinance relating to operating a vehicle while under the 5,252
influence of alcohol, a drug of abuse, or alcohol and a drug of 5,253
abuse, a municipal ordinance relating to operating a vehicle with 5,254
a prohibited concentration of alcohol in the blood, breath, or 5,255
urine, section 2903.04 of the Revised Code in a case in which the 5,256
person was subject to the sanctions described in division (D) of 5,257
that section, or section 2903.06, 2903.07, or 2903.08 of the 5,258
Revised Code or a municipal ordinance that is substantially 5,259
similar to section 2903.07 of the Revised Code in a case in which 5,260
the jury or judge found that the person was under the influence 5,261
of alcohol, a drug of abuse, or alcohol and a drug of abuse. In 5,262
granting occupational driving privileges, the court shall specify 5,263
the times and places at which the person may drive and may impose 5,264
any other conditions upon the person's use of a motor vehicle 5,265
that the court considers reasonable and necessary. 5,266
A court that grants occupational driving privileges to a 5,268
127
person under this division shall retain the person's probationary 5,269
driver's license or restricted license during the period the 5,270
license is suspended and also during the period for which 5,271
occupational driving privileges are granted, and shall deliver to 5,272
the person a permit card, in a form to be prescribed by the 5,273
court, setting forth the date on which the occupational driving 5,274
privileges will become effective, the times and places at which 5,275
the person may drive, and any other conditions imposed upon the 5,276
person's use of a motor vehicle. 5,277
The court immediately shall notify the registrar, in 5,279
writing, of a grant of occupational driving privileges. The 5,280
notification shall specify the date on which the occupational 5,281
driving privileges will become effective, the times and places at 5,282
which the person may drive, and any other conditions imposed upon 5,283
the person's use of a motor vehicle. The registrar shall not 5,284
suspend the probationary driver's license or restricted license 5,285
of any person pursuant to division (A) of this section during any 5,286
period for which the person has been granted occupational driving 5,287
privileges as provided in this division, if the registrar has 5,288
received the notification described in this division from the 5,289
court. 5,290
(D) If a person who has been granted occupational driving 5,292
privileges under division (C) of this section is convicted of, 5,293
pleads guilty to, or is adjudicated in juvenile court of having 5,294
committed, a violation of section 4507.02 of the Revised Code, or 5,295
a fourth or subsequent violation of any of the other sections of 5,296
the Revised Code listed in division (A)(1) of this section or any 5,297
similar municipal ordinance during the period for which he THE 5,298
PERSON was granted occupational driving privileges, the court 5,300
that granted the occupational driving privileges shall revoke 5,301
them and cancel the person's permit card. The court or the clerk 5,302
of the court immediately shall forward the person's probationary 5,303
driver's license or restricted license together with written 5,304
notification of the court's action to the registrar. Upon 5,305
128
receipt of the license and notification, the registrar shall 5,306
suspend the person's probationary driver's license or restricted 5,307
license for a period of one year. The registrar shall retain the 5,308
license during the period of suspension, and no further 5,309
occupational driving privileges shall be granted during that 5,310
period.
(E) No application for a driver's or commercial driver's 5,312
license shall be received from any person whose probationary 5,313
driver's license or restricted license has been suspended under 5,314
this section until the suspension period has expired, a temporary 5,315
instruction permit or commercial driver's license temporary 5,316
instruction permit has been issued, and the applicant has 5,317
submitted to the examination for a driver's license as provided 5,318
for in section 4507.11 or a commercial driver's license as 5,319
provided in Chapter 4506. of the Revised Code. 5,320
Sec. 4507.163. (A) Any person of insufficient age to 5,329
purchase intoxicating liquor or beer who, contrary to division 5,330
(A) or (C) of section 4507.30 of the Revised Code, displays as 5,331
proof that he THE PERSON is of sufficient age to purchase 5,332
intoxicating liquor or beer, a driver's or commercial driver's 5,334
license, knowing the same to be fictitious, altered, or not his 5,335
THE PERSON'S own, shall thereby forfeit the driving privileges 5,337
authorized by his THE PERSON'S own driver's license, probationary 5,339
driver's license, commercial driver's license, probationary 5,340
commercial driver's license, temporary instruction permit, or 5,341
commercial driver's license temporary instruction permit and be 5,342
denied the issuance or reissuance of any such license or permit 5,343
by the registrar of motor vehicles for one year beginning with 5,344
the date on which notification of such forfeiture and denial is 5,345
mailed to him THE PERSON by the registrar. 5,346
(B) In any prosecution, or in any proceeding before the 5,348
liquor control commission, in which the defense authorized by 5,349
section 4301.639 of the Revised Code is sustained, the clerk of 5,350
the court in which said THE prosecution was had, or the clerk of 5,351
129
the liquor control commission, shall certify to the registrar of 5,352
motor vehicles the facts ascertainable from his THE CLERK'S 5,353
records evidencing violation of division (A) or (C) of section 5,354
4507.30 of the Revised Code by a person of insufficient age to 5,355
purchase intoxicating liquor or beer, including in such THE 5,356
certification the PERSON'S name and residence address of such 5,357
person.
(C) The registrar of motor vehicles, upon receipt of said 5,359
THE certification, shall suspend such THE person's license or 5,361
permit to drive subject to review as provided in this section, 5,362
and shall mail to such THE person, at his THE PERSON'S last known 5,364
address, a notice of the suspension and of the hearing provided 5,365
in division (D) of this section. 5,366
(D) Any person whose license or permit to drive has been 5,368
suspended under this section may, within twenty days of the 5,369
mailing of the notice provided above, MAY file a petition in the 5,370
municipal court or county court, or in case such THE person is 5,371
under the age of eighteen years, in the juvenile court, in whose 5,372
jurisdiction such THE person resides, agreeing to pay the cost of 5,374
the proceedings, and alleging error by the registrar of motor
vehicles in the suspension of the license or permit to drive, or 5,375
in one or more of the matters within the scope of the hearing as 5,376
provided in this section, or both. Such THE petitioner shall 5,377
notify the registrar of the filing of the petition and send him 5,378
THE REGISTRAR a copy thereof. The scope of such THE hearing 5,380
shall be limited to whether a court of record did in fact find 5,381
that the petitioner displayed, or, if the original proceedings 5,382
were before the liquor control commission, whether the petitioner 5,383
did in fact display, as proof that he THE PERSON was of 5,384
sufficient age to purchase intoxicating liquor or beer, a 5,386
driver's or commercial driver's license knowing the same to be 5,387
fictitious, altered, or not his THE PERSON'S own, and whether he 5,388
THE PERSON was at that time of insufficient age legally to make a 5,389
purchase of intoxicating liquor or beer. 5,390
130
(E) In any hearing authorized by this section, the 5,392
registrar of motor vehicles shall be represented by the 5,393
prosecuting attorney of the county where the petitioner resides. 5,394
(F) If the court finds from the evidence submitted that 5,396
such THE person has failed to show error in the action by the 5,397
registrar of motor vehicles or in one or more of the matters 5,398
within the scope of the hearing as limited in division (D) of 5,399
this section, or both, the court shall assess the cost of the 5,400
proceeding against such THE person and shall impose the 5,401
suspension provided in divisions (A) and (C) of this section. If 5,402
the court finds that such THE person has shown error in the 5,403
action taken by the registrar, or in one or more of the matters 5,404
within the scope of the hearing as limited in division (B) of 5,405
this section, or both, the cost of the proceeding shall be paid 5,406
out of the county treasury of the county in which the proceedings 5,407
were held, and the suspension provided in divisions (A) and (C) 5,408
of this section shall not be imposed. The court shall inform the 5,409
registrar of motor vehicles in writing of the action taken. 5,410
Sec. 4507.169. (A) The registrar of motor vehicles shall 5,419
suspend for six months THE PERIOD OF TIME SPECIFIED IN THIS 5,420
DIVISION the driver's or commercial driver's license or permit 5,422
of, or deny for six months SUCH PERIOD OF TIME the issuance of a 5,423
driver's or commercial driver's license or permit to, any person 5,424
who is a resident of this state and is convicted of or pleads 5,426
guilty to a violation of a statute of any other state or any
federal statute that is substantially similar to section 2925.02, 5,428
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 5,429
2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 5,430
of the Revised Code. Upon receipt of a report from a court, 5,431
court clerk, or other official of any other state or from any 5,432
federal authority that a resident of this state was convicted of 5,433
or pleaded guilty to an offense described in this division, the 5,434
registrar shall send a notice by regular first class mail to the 5,435
person, at the person's last known address as shown in the 5,437
131
records of the bureau of motor vehicles, informing the person of 5,438
the suspension or denial, that the suspension or denial will take 5,439
effect twenty-one days from the date of the notice, and that, if 5,440
the person wishes to appeal the suspension or denial, the person 5,442
must file a notice of appeal within twenty-one days of the date 5,444
of the notice requesting a hearing on the matter. If the person 5,445
requests a hearing, the registrar shall hold the hearing not more 5,446
than forty days after receipt by the registrar of the notice of 5,447
appeal. The filing of a notice of appeal does not stay the 5,449
operation of the suspension or denial that must be imposed 5,450
pursuant to this division. The scope of the hearing shall be 5,451
limited to whether the person actually was convicted of or 5,452
pleaded guilty to the offense for which the suspension or denial 5,454
is to be imposed.
If the person is a resident of this state who does not have 5,456
a current, valid Ohio driver's or commercial driver's license, 5,457
the notice shall inform the person that the person will be denied 5,459
issuance of a driver's or commercial driver's license or permit
for six months beginning on the date of the notice THE PERIOD OF 5,461
SUSPENSION OR DENIAL THE REGISTRAR IS REQUIRED TO IMPOSE UNDER 5,462
THIS DIVISION SHALL END EITHER ON THE LAST DAY OF ANY PERIOD OF
SUSPENSION OF THE PERSON'S NONRESIDENT OPERATING PRIVILEGE 5,463
IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE OTHER STATE, 5,464
OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE DATE OF THE 5,465
NOTICE SENT BY THE REGISTRAR TO THE PERSON UNDER THIS DIVISION, 5,466
WHICHEVER IS EARLIER.
The registrar shall subscribe to or otherwise participate 5,468
in any information system or register, or enter into reciprocal 5,469
and mutual agreements with other states and federal authorities, 5,470
in order to facilitate the exchange of information with other 5,471
states and the United States government regarding persons who 5,472
plead guilty to or are convicted of offenses described in this 5,473
division and therefore are subject to the suspension or denial 5,474
described in this division. 5,475
132
(B) The registrar shall suspend for six months THE PERIOD 5,477
OF TIME SPECIFIED IN THIS DIVISION the driver's or commercial 5,478
driver's license or permit of, or deny for six months SUCH PERIOD 5,479
OF TIME the issuance of a driver's or commercial driver's license 5,480
or permit to, any person who is a resident of this state and is 5,481
convicted of or pleads guilty to a violation of a statute of any 5,483
other state or a municipal ordinance of a municipal corporation 5,484
located in any other state that is substantially similar to 5,485
section 4511.19 of the Revised Code. Upon receipt of a report 5,486
from another state made pursuant to section 4511.95 4507.60 of 5,487
the Revised Code indicating that a resident of this state was 5,488
convicted of or pleaded guilty to an offense described in this 5,489
division, the registrar shall send a notice by regular first 5,491
class mail to the person, at the person's last known address as 5,492
shown in the records of the bureau of motor vehicles, informing 5,493
the person of the suspension or denial, that the suspension or 5,494
denial will take effect twenty-one days from the date of the 5,495
notice, and that, if the person wishes to appeal the suspension 5,496
or denial, the person must file a notice of appeal within 5,497
twenty-one days of the date of the notice requesting a hearing on 5,498
the matter. If the person requests a hearing, the registrar 5,499
shall hold the hearing not more than forty days after receipt by 5,500
the registrar of the notice of appeal. The filing of a notice of 5,501
appeal does not stay the operation of the suspension or denial 5,502
that must be imposed pursuant to this division. The scope of the 5,503
hearing shall be limited to whether the person actually was 5,504
convicted of or pleaded guilty to the offense for which the 5,505
suspension or denial is to be imposed. 5,506
If the person is a resident of this state but does not have 5,508
a current, valid Ohio driver's or commercial driver's license, 5,509
the notice shall inform the person that the person will be denied 5,511
issuance of a driver's or commercial driver's license or permit
for six months beginning on the date of the notice THE PERIOD OF 5,513
SUSPENSION OR DENIAL THE REGISTRAR IS REQUIRED TO IMPOSE UNDER 5,514
133
THIS DIVISION SHALL END EITHER ON THE LAST DAY OF ANY PERIOD OF
SUSPENSION OF THE PERSON'S NONRESIDENT OPERATING PRIVILEGE 5,515
IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE OTHER STATE, 5,516
OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE DATE OF THE 5,517
NOTICE SENT BY THE REGISTRAR TO THE PERSON UNDER THIS DIVISION, 5,518
WHICHEVER IS EARLIER.
(C) The registrar shall suspend for six months THE PERIOD 5,520
OF TIME SPECIFIED IN THIS DIVISION the driver's or commercial 5,521
driver's license or permit of, or deny for six months SUCH PERIOD 5,522
OF TIME the issuance of a driver's or commercial driver's license 5,523
or permit to, any child who is a resident of this state and is 5,525
convicted of or pleads guilty to a violation of a statute of any 5,527
other state or any federal statute that is substantially similar 5,528
to section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 5,529
2925.12, 2925.13, 2925.14, 2925.22, 2925.23, 2925.31, 2925.32, 5,530
2925.36, or 2925.37 of the Revised Code. Upon receipt of a 5,531
report from a court, court clerk, or other official of any other 5,532
state or from any federal authority that a child who is a 5,533
resident of this state was convicted of or pleaded guilty to an 5,534
offense described in this division, the registrar shall send a 5,535
notice by regular first class mail to the child, at the child's 5,536
last known address as shown in the records of the bureau of motor 5,537
vehicles, informing the child of the suspension or denial, that 5,538
the suspension or denial will take effect twenty-one days from 5,539
the date of the notice, and that, if the child wishes to appeal 5,540
the suspension or denial, the child must file a notice of appeal
within twenty-one days of the date of the notice requesting a 5,541
hearing on the matter. If the child requests a hearing, the 5,542
registrar shall hold the hearing not more than forty days after 5,544
receipt by the registrar of the notice of appeal. The filing of 5,545
a notice of appeal does not stay the operation of the suspension 5,546
or denial that must be imposed pursuant to this division. The 5,547
scope of the hearing shall be limited to whether the child 5,548
actually was convicted of or pleaded guilty to the offense for 5,549
134
which the suspension or denial is to be imposed. 5,550
THE PERIOD OF SUSPENSION THE REGISTRAR IS REQUIRED TO 5,552
IMPOSE UNDER THIS DIVISION SHALL END EITHER ON THE LAST DAY OF 5,553
ANY PERIOD OF SUSPENSION OF THE CHILD'S NONRESIDENT OPERATING 5,554
PRIVILEGE IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE 5,555
OTHER STATE, OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE 5,556
DATE OF THE NOTICE SENT BY THE REGISTRAR TO THE CHILD UNDER THIS
DIVISION, WHICHEVER IS EARLIER. If the child is a resident of 5,557
this state who is sixteen years of age or older and does not have 5,559
a current, valid Ohio driver's or commercial driver's license or 5,560
permit, the notice shall inform the child that the child will be 5,561
denied issuance of a driver's or commercial driver's license or 5,562
permit for six months beginning on the date of the notice. If 5,563
the child has not attained the age of sixteen years on the date 5,564
of the notice, the notice shall inform the child that the period 5,565
of denial OF SIX MONTHS shall commence on the date the child 5,566
attains the age of sixteen years.
The registrar shall subscribe to or otherwise participate 5,568
in any information system or register, or enter into reciprocal 5,569
and mutual agreements with other states and federal authorities, 5,570
in order to facilitate the exchange of information with other 5,571
states and the United States government regarding children who 5,572
are residents of this state and plead guilty to or are convicted 5,573
of offenses described in this division and therefore are subject 5,574
to the suspension or denial described in this division. 5,575
(D) The registrar shall suspend for six months THE PERIOD 5,577
OF TIME SPECIFIED IN THIS DIVISION the driver's or commercial 5,578
driver's license or permit of, or deny for six months SUCH PERIOD 5,579
OF TIME the issuance of a driver's or commercial driver's license 5,580
or permit to, any child who is a resident of this state and is 5,582
convicted of or pleads guilty to a violation of a statute of any 5,584
other state or a municipal ordinance of a municipal corporation 5,585
located in any other state that is substantially similar to 5,586
section 4511.19 of the Revised Code. Upon receipt of a report 5,587
135
from another state made pursuant to section 4511.95 4507.60 of 5,588
the Revised Code indicating that a child who is a resident of 5,589
this state was convicted of or pleaded guilty to an offense
described in this division, the registrar shall send a notice by 5,590
regular first class mail to the child, at the child's last known 5,591
address as shown in the records of the bureau of motor vehicles, 5,592
informing the child of the suspension or denial, that the 5,593
suspension or denial will take effect twenty-one days from the 5,596
date of the notice, and that, if the child wishes to appeal the 5,598
suspension or denial, the child must file a notice of appeal 5,599
within twenty-one days of the date of the notice requesting a 5,600
hearing on the matter. If the child requests a hearing, the 5,601
registrar shall hold the hearing not more than forty days after 5,603
receipt by the registrar of the notice of appeal. The filing of 5,604
a notice of appeal does not stay the operation of the suspension 5,605
or denial that must be imposed pursuant to this division. The 5,606
scope of the hearing shall be limited to whether the child 5,607
actually was convicted of or pleaded guilty to the offense for 5,609
which the suspension or denial is to be imposed. 5,610
THE PERIOD OF SUSPENSION THE REGISTRAR IS REQUIRED TO 5,612
IMPOSE UNDER THIS DIVISION SHALL END EITHER ON THE LAST DAY OF 5,613
ANY PERIOD OF SUSPENSION OF THE CHILD'S NONRESIDENT OPERATING 5,614
PRIVILEGE IMPOSED BY THE STATE OR FEDERAL COURT LOCATED IN THE 5,615
OTHER STATE, OR THE DATE SIX MONTHS AND TWENTY-ONE DAYS FROM THE 5,616
DATE OF THE NOTICE SENT BY THE REGISTRAR TO THE CHILD UNDER THIS
DIVISION, WHICHEVER IS EARLIER. If the child is a resident of 5,617
this state who is sixteen years of age or older and does not have 5,619
a current, valid Ohio driver's or commercial driver's license or 5,620
permit, the notice shall inform the child that the child will be 5,621
denied issuance of a driver's or commercial driver's license or 5,622
permit for six months beginning on the date of the notice. If 5,623
the child has not attained the age of sixteen years on the date 5,624
of the notice, the notice shall inform the child that the period 5,625
of denial OF SIX MONTHS shall commence on the date the child 5,626
136
attains the age of sixteen years.
(E) Any person whose license or permit has been suspended 5,628
pursuant to division (B) or (D) of this section may file a 5,629
petition in the municipal or county court, or in case the person 5,630
is under eighteen years of age, the juvenile court, in whose 5,631
jurisdiction the person resides, agreeing to pay the cost of the 5,633
proceedings and alleging that the suspension would seriously 5,634
affect the person's ability to continue the person's employment. 5,635
Upon satisfactory proof that there is reasonable cause to believe
that the suspension would seriously affect the person's ability 5,636
to continue the person's employment, the judge may grant the 5,637
person occupational driving privileges during the period during 5,638
which the suspension otherwise would be imposed, except that the 5,639
judge shall not grant occupational driving privileges for 5,640
employment as a driver of a commercial motor vehicle to any 5,641
person who would be disqualified from operating a commercial 5,643
motor vehicle under section 4506.16 of the Revised Code if the 5,645
violation had occurred in this state, or during any of the 5,646
following periods of time:
(1) If the person has not been convicted within five years 5,648
of the date of the offense giving rise to the suspension under 5,649
this section of a violation of section 4511.19 of the Revised 5,650
Code, of a municipal ordinance relating to operating a vehicle 5,651
under the influence of alcohol, a drug of abuse, or alcohol and a 5,652
drug of abuse, of a municipal ordinance relating to operating a 5,653
motor vehicle with a prohibited concentration of alcohol in the 5,654
blood, breath, or urine, of section 2903.04 of the Revised Code 5,655
in a case in which the person was subject to the sanctions 5,657
described in division (D) of that section, or of section 2903.06, 5,658
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 5,659
that is substantially similar to section 2903.07 of the Revised 5,660
Code in a case in which the jury or judge found that the person 5,661
was under the influence of alcohol, a drug of abuse, or alcohol 5,662
and a drug of abuse, the first fifteen days of the suspension. 5,663
137
(2) If the person has been convicted only one time within 5,665
five years of the date of the offense giving rise to the 5,666
suspension under this section of a violation of section 4511.19 5,667
of the Revised Code, of a municipal ordinance relating to 5,668
operating a vehicle under the influence of alcohol, a drug of 5,670
abuse, or alcohol and a drug of abuse, of a municipal ordinance 5,671
relating to operating a motor vehicle with a prohibited 5,672
concentration of alcohol in the blood, breath, or urine, of 5,673
section 2903.04 of the Revised Code in a case in which the person
was subject to the sanctions described in division (D) of that 5,675
section, or of section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially 5,676
similar to section 2903.07 of the Revised Code in a case in which 5,677
the jury or judge found that the person was under the influence 5,678
of alcohol, a drug of abuse, or alcohol and a drug of abuse, the 5,679
first thirty days of the suspension. 5,680
(3) If the person has been convicted two times within five 5,682
years of the date of the offense giving rise to the suspension 5,683
under this section of a violation of section 4511.19 of the 5,684
Revised Code, of a municipal ordinance relating to operating a 5,685
vehicle under the influence of alcohol, a drug of abuse, or 5,686
alcohol and a drug of abuse, of a municipal ordinance relating to 5,687
operating a motor vehicle with a prohibited concentration of 5,688
alcohol in the blood, breath, or urine, of section 2903.04 of the 5,689
Revised Code in a case in which the person was subject to the 5,690
sanctions described in division (D) of that section, or of 5,691
section 2903.06, 2903.07, or 2903.08 of the Revised Code or a 5,692
municipal ordinance that is substantially similar to section 5,693
2903.07 of the Revised Code in a case in which the jury or judge 5,694
found that the person was under the influence of alcohol, a drug 5,695
of abuse, or alcohol and a drug of abuse, the first one hundred 5,696
eighty days of the suspension.
(4) If the person has been convicted three or more times 5,698
within five years of the date of the offense giving rise to the 5,699
138
suspension under this section of a violation of section 4511.19 5,700
of the Revised Code, of a municipal ordinance relating to 5,701
operating a vehicle under the influence of alcohol, a drug of 5,702
abuse, or alcohol and a drug of abuse, of a municipal ordinance 5,703
relating to operating a motor vehicle with a prohibited 5,704
concentration of alcohol in the blood, breath, or urine, of 5,705
section 2903.04 of the Revised Code in a case in which the person 5,706
was subject to the sanctions described in division (D) of that 5,707
section, or of section 2903.06, 2903.07, or 2903.08 of the 5,708
Revised Code or a municipal ordinance that is substantially 5,709
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence 5,710
of alcohol, a drug of abuse, or alcohol and a drug of abuse, no 5,711
occupational driving privileges may be granted. 5,712
If a person petitions for occupational driving privileges 5,714
under division (E) of this section, the registrar shall be 5,716
represented by the county prosecutor of the county in which the 5,717
person resides if the petition is filed in a juvenile court or 5,718
county court, except that if the person resides within a city or 5,719
village that is located within the jurisdiction of the county in 5,720
which the petition is filed, the city director of law or village 5,721
solicitor of that city or village shall represent the registrar. 5,722
If the petition is filed in a municipal court, the registrar 5,723
shall be represented as provided in section 1901.34 of the 5,724
Revised Code.
In granting occupational driving privileges under division 5,726
(E) of this section, the court may impose any condition it 5,728
considers reasonable and necessary to limit the use of a vehicle 5,729
by the person. The court shall deliver to the person a permit 5,730
card, in a form to be prescribed by the court, setting forth the 5,731
time, place, and other conditions limiting the person's use of a 5,732
motor vehicle. The grant of occupational driving privileges 5,733
shall be conditioned upon the person's having the permit in his 5,734
THE PERSON'S possession at all times during which the person is 5,735
139
operating a vehicle. 5,736
A person granted occupational driving privileges who 5,738
operates a vehicle for other than occupational purposes, in 5,739
violation of any condition imposed by the court or without having 5,740
the permit in the person's possession, is guilty of a violation 5,741
of division (D)(1) of section 4507.02 of the Revised Code. 5,742
(F) As used in divisions (C) and (D) of this section: 5,744
(1) "Child" means a person who is under the age of 5,746
eighteen years, except that any person who violates a statute or 5,747
ordinance described in division (C) or (D) of this section prior 5,748
to attaining eighteen years of age shall be deemed a "child" 5,749
irrespective of the person's age at the time the complaint or 5,751
other equivalent document is filed in the other state or a 5,752
hearing, trial, or other proceeding is held in the other state on 5,753
the complaint or other equivalent document, and irrespective of 5,754
the person's age when the period of license suspension or denial 5,756
prescribed in division (C) or (D) of this section is imposed. 5,757
(2) "Is convicted of or pleads guilty to" means, as it 5,759
relates to a child who is a resident of this state, that in a 5,760
proceeding conducted in a state or federal court located in 5,761
another state for a violation of a statute or ordinance described 5,762
in division (C) or (D) of this section, the result of the 5,763
proceeding is any of the following: 5,764
(a) Under the laws that govern the proceedings of the 5,766
court, the child is adjudicated to be or admits to being a 5,767
delinquent child or a juvenile traffic offender for a violation 5,769
described in division (C) or (D) of this section that would be a 5,770
crime if committed by an adult; 5,771
(b) Under the laws that govern the proceedings of the 5,773
court, the child is convicted of or pleads guilty to a violation 5,774
described in division (C) or (D) of this section; 5,775
(c) Under the laws that govern the proceedings of the 5,777
court, irrespective of the terminology utilized in those laws, 5,778
the result of the court's proceedings is the functional 5,780
140
equivalent of division (F)(2)(a) or (b) of this section. 5,781
Sec. 4507.50. The registrar of motor vehicles or a deputy 5,791
registrar shall, upon receipt of an application filed in 5,792
compliance with section 4507.51 of the Revised Code by any person 5,793
who is a resident OR A TEMPORARY RESIDENT of this state and, 5,794
except as otherwise provided in this section, is not licensed as 5,795
an operator of a motor vehicle in this state or another licensing 5,796
jurisdiction, and upon receipt of a fee of three dollars and 5,797
fifty cents, SHALL issue an identification card to that person. 5,798
Any person who is a resident OR TEMPORARY RESIDENT of this 5,800
state whose Ohio driver's or commercial driver's license has been 5,801
suspended or revoked, may, upon application in compliance with 5,802
section 4507.51 of the Revised Code and payment of a fee of three 5,803
dollars and fifty cents, MAY be issued a temporary identification 5,804
card. The temporary identification card shall be identical to an 5,805
identification card, except that it shall be printed on its face 5,806
with a statement that the card is valid during the effective 5,807
dates of the suspension or revocation of the cardholder's 5,808
license, or until the birthday of the cardholder in the fourth 5,809
year after the date on which it is issued, whichever is shorter. 5,810
The cardholder shall surrender his THE identification card to the 5,812
registrar or any deputy registrar before his THE CARDHOLDER'S 5,813
driver's or commercial driver's license is restored or reissued. 5,814
The deputy registrar shall be allowed a fee of two dollars 5,816
and twenty-five cents for each identification card issued under 5,817
this section. The fee allowed to the deputy registrar shall be 5,818
in addition to the fee for issuing an identification card. 5,819
Neither the registrar nor any deputy registrar shall charge 5,821
a fee in excess of one dollar and fifty cents for laminating an 5,822
identification card or temporary identification card. A deputy 5,823
registrar laminating such a card shall retain the entire amount 5,824
of the fee charged for lamination, less the actual cost to the 5,825
registrar of the laminating materials used for that lamination, 5,826
as specified in the contract executed by the bureau for the 5,827
141
laminating materials and laminating equipment. The deputy 5,828
registrar shall forward the amount of the cost of the laminating 5,829
materials to the registrar for deposit as provided in this 5,830
section. 5,831
The fee collected for issuing an identification card under 5,833
this section, except the fee allowed to the deputy registrar, 5,834
shall be paid into the state treasury to the credit of the state 5,835
bureau of motor vehicles fund created in section 4501.25 of the 5,836
Revised Code. 5,837
Sec. 4507.52. Each identification card issued by the 5,846
registrar of motor vehicles or a deputy registrar shall bear a 5,847
distinguishing number assigned to the cardholder, and shall 5,848
contain the following inscription: 5,849
"STATE OF OHIO IDENTIFICATION CARD 5,851
This card is not valid for the purpose of operating a motor 5,853
vehicle. It is provided solely for the purpose of establishing 5,854
the identity of the bearer described on the card, who currently 5,855
is not licensed to operate a motor vehicle in the state of Ohio." 5,856
The identification card shall bear substantially the same 5,858
information as contained in the application and as described in 5,859
division (A)(1) of section 4507.51 of the Revised Code and shall 5,860
contain the color photograph of the cardholder. On and after May 5,861
1, 1993, if the cardholder has executed a durable power of 5,863
attorney for health care or a declaration governing the use or 5,864
continuation, or the withholding or withdrawal, of 5,865
life-sustaining treatment and has specified that the cardholder 5,866
wishes the identification card to indicate that the cardholder 5,867
has executed either type of instrument, the card also shall 5,868
contain any symbol chosen by the registrar to indicate that the 5,869
cardholder has executed either type of instrument. The card 5,870
shall be sealed in transparent plastic or similar material and 5,871
shall be so designed as to prevent its reproduction or alteration 5,872
without ready detection. 5,873
The identification card for persons under twenty-one years 5,875
142
of age shall have characteristics prescribed by the registrar 5,876
distinguishing it from that issued to a person who is twenty-one 5,877
years of age or older, EXCEPT THAT AN IDENTIFICATION CARD ISSUED 5,878
TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE THE 5,879
APPLICANT'S TWENTY-FIRST BIRTHDAY SHALL HAVE THE CHARACTERISTICS
OF AN IDENTIFICATION CARD ISSUED TO A PERSON WHO IS TWENTY-ONE 5,880
YEARS OF AGE OR OLDER. 5,881
Every identification card ISSUED TO A RESIDENT OF THIS 5,883
STATE shall expire, unless canceled or surrendered earlier, on 5,885
the birthday of the cardholder in the fourth year after the date 5,886
on which it is issued. EVERY IDENTIFICATION CARD ISSUED TO A 5,887
TEMPORARY RESIDENT SHALL EXPIRE IN ACCORDANCE WITH RULES ADOPTED 5,888
BY THE REGISTRAR AND IS NONRENEWABLE, BUT MAY BE REPLACED WITH A
NEW IDENTIFICATION CARD UPON THE APPLICANT'S COMPLIANCE WITH ALL 5,889
APPLICABLE REQUIREMENTS. A cardholder may renew the cardholder's 5,891
identification card within thirty NINETY days prior to the day on 5,892
which it expires by filing an application and paying the 5,893
prescribed fee in accordance with section 4507.50 of the Revised 5,894
Code.
If a cardholder applies for a driver's or commercial 5,896
driver's license in this state or another licensing jurisdiction, 5,897
the cardholder shall surrender the cardholder's identification 5,899
card to the registrar or any deputy registrar before the license 5,900
is issued.
If a card is lost, destroyed, or mutilated, the person to 5,902
whom the card was issued may obtain a duplicate by doing both of 5,903
the following: 5,904
(A) Furnishing suitable proof of the loss, destruction, or 5,906
mutilation to the registrar or a deputy registrar; 5,907
(B) Filing an application and presenting documentary 5,909
evidence under section 4507.51 of the Revised Code. 5,910
Any person who loses a card and, after obtaining a 5,912
duplicate, finds the original, immediately shall surrender the 5,914
original to the registrar or a deputy registrar.
143
A cardholder may obtain a replacement identification card 5,916
that reflects any change of the cardholder's name by furnishing 5,918
suitable proof of the change to the registrar or a deputy 5,919
registrar and surrendering the cardholder's existing card. 5,920
When a cardholder applies for a duplicate or obtains a 5,922
replacement identification card, the cardholder shall pay a fee 5,924
of two dollars and fifty cents. A deputy registrar shall be 5,925
allowed an additional fee of two dollars and twenty-five cents 5,926
for issuing a duplicate or replacement identification card. 5,928
A duplicate or replacement identification card shall expire 5,930
on the same date as the card it replaces. 5,931
The registrar shall cancel any card upon determining that 5,933
the card was obtained unlawfully, issued in error, or was 5,934
altered. The registrar also shall cancel any card that is 5,936
surrendered to the registrar or to a deputy registrar after the 5,937
holder has obtained a duplicate, replacement, or driver's or 5,939
commercial driver's license. 5,940
No agent of the state or its political subdivisions shall 5,942
condition the granting of any benefit, service, right, or 5,943
privilege upon the possession by any person of an identification 5,944
card. Nothing in this section shall preclude any publicly 5,945
operated or franchised transit system from using an 5,946
identification card for the purpose of granting benefits or 5,947
services of the system. 5,948
No person shall be required to apply for, carry, or possess 5,950
an identification card. 5,951
(C) Neither EXCEPT IN REGARD TO AN IDENTIFICATION CARD 5,953
ISSUED TO A PERSON WHO APPLIES NO MORE THAN THIRTY DAYS BEFORE 5,954
THE APPLICANT'S TWENTY-FIRST BIRTHDAY, NEITHER the registrar nor 5,955
any deputy registrar shall issue an identification card to a 5,956
person under twenty-one years of age that does not have the 5,957
characteristics prescribed by the registrar distinguishing it 5,958
from the identification card issued to persons who are twenty-one 5,959
years of age or older.
144
Sec. 4509.31. (A) Whenever the registrar of motor 5,968
vehicles receives notice from a court of record or mayor's court 5,969
that a person has been convicted of, pleads guilty to, or 5,970
forfeits any bail or collateral deposited to secure an appearance 5,971
for trial for any of the crimes listed in section 4507.16 of the 5,972
Revised Code, the registrar shall suspend the driver's or 5,973
commercial driver's license or permit or nonresident operating 5,974
privilege of the person and the registration of all motor 5,975
vehicles registered in the name of the person as the owner, 5,976
except that the registrar shall not suspend the driver's or 5,977
commercial driver's license or permit or nonresident operating 5,978
privilege, and registration unless otherwise required by law in 5,979
the event the person has given or immediately gives and 5,980
thereafter maintains, for a period of three years, proof of 5,981
financial responsibility with respect to all the motor vehicles 5,982
registered by the person as the owner. 5,983
(B) Except as provided in division (L) of section 4511.191 5,985
of the Revised Code, division (A) of this section does not apply 5,986
to any person who is convicted of, or pleads guilty to, a 5,987
violation of section 4511.19 of the Revised Code, of a municipal 5,988
ordinance relating to operating a vehicle while under the 5,989
influence of alcohol, a drug of abuse, or alcohol and a drug of 5,990
abuse, or of a municipal ordinance relating to operating a 5,991
vehicle with a prohibited concentration of alcohol in the blood, 5,992
breath, or urine, if the offender previously has not been 5,993
convicted of a violation of section 4511.19 of the Revised Code, 5,994
of a municipal ordinance relating to operating a vehicle while 5,995
under the influence of alcohol, a drug of abuse, or alcohol and a 5,996
drug of abuse or with a prohibited concentration of alcohol in 5,997
the blood, breath, or urine, or of a statute of THE UNITED STATES 5,999
OR OF any other state or a municipal ordinance of a municipal 6,000
corporation located in any other state that is substantially 6,001
similar to division (A) or (B) of section 4511.19 of the Revised 6,002
Code, and the offender did not cause serious physical harm to a 6,003
145
person other than the offender.
Sec. 4511.191. (A) Any person who operates a vehicle upon 6,012
a highway or any public or private property used by the public 6,013
for vehicular travel or parking within this state shall be deemed 6,014
to have given consent to a chemical test or tests of the person's 6,016
blood, breath, or urine for the purpose of determining the 6,017
alcohol, drug, or alcohol and drug content of the person's blood, 6,018
breath, or urine if arrested for operating a vehicle while under 6,020
the influence of alcohol, a drug of abuse, or alcohol and a drug 6,021
of abuse or for operating a vehicle with a prohibited 6,022
concentration of alcohol in the blood, breath, or urine. The 6,023
chemical test or tests shall be administered at the request of a 6,024
police officer having reasonable grounds to believe the person to 6,025
have been operating a vehicle upon a highway or any public or 6,026
private property used by the public for vehicular travel or 6,027
parking in this state while under the influence of alcohol, a 6,028
drug of abuse, or alcohol and a drug of abuse or with a 6,029
prohibited concentration of alcohol in the blood, breath, or 6,030
urine. The law enforcement agency by which the officer is 6,031
employed shall designate which of the tests shall be
administered. 6,032
(B) Any person who is dead or unconscious, or who is 6,034
otherwise in a condition rendering the person incapable of 6,035
refusal, shall be deemed not to have withdrawn consent as 6,037
provided by division (A) of this section and the test or tests 6,038
may be administered, subject to sections 313.12 to 313.16 of the 6,039
Revised Code. 6,040
(C)(1) Any person under arrest for operating a vehicle 6,042
while under the influence of alcohol, a drug of abuse, or alcohol 6,043
and a drug of abuse or for operating a vehicle with a prohibited 6,044
concentration of alcohol in the blood, breath, or urine shall be 6,045
advised at a police station, or at a hospital, first-aid station, 6,046
or clinic to which the person has been taken for first-aid or 6,047
medical treatment, of both of the following: 6,048
146
(a) The consequences, as specified in division (E) of this 6,050
section, of the person's refusal to submit upon request to a 6,051
chemical test designated by the law enforcement agency as 6,053
provided in division (A) of this section; 6,054
(b) The consequences, as specified in division (F) of this 6,056
section, of the person's submission to the designated chemical 6,058
test if the person is found to have a prohibited concentration of 6,059
alcohol in the blood, breath, or urine. 6,060
(2)(a) The advice given pursuant to division (C)(1) of 6,062
this section shall be in a written form containing the 6,063
information described in division (C)(2)(b) of this section and 6,064
shall be read to the person. The form shall contain a statement 6,065
that the form was shown to the person under arrest and read to 6,066
the person in the presence of the arresting officer and either 6,068
another police officer, a civilian police employee, or an 6,069
employee of a hospital, first-aid station, or clinic, if any, to 6,070
which the person has been taken for first-aid or medical 6,071
treatment. The witnesses shall certify to this fact by signing 6,072
the form.
(b) The form required by division (C)(2)(a) of this 6,074
section shall read as follows: 6,075
"You now are under arrest for operating a vehicle while 6,077
under the influence of alcohol, a drug of abuse, or both alcohol 6,078
and a drug of abuse and will be requested by a police officer to 6,079
submit to a chemical test to determine the concentration of 6,080
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 6,081
blood, breath, or urine. 6,082
If you refuse to submit to the requested test or if you 6,084
submit to the requested test and are found to have a prohibited 6,085
concentration of alcohol in your blood, breath, or urine, your 6,086
driver's or commercial driver's license or permit or nonresident 6,087
operating privilege immediately will be suspended for the period 6,088
of time specified by law by the officer, on behalf of the 6,089
registrar of motor vehicles. You may appeal this suspension at 6,090
147
your initial appearance before the court that hears the charges 6,091
against you resulting from the arrest, and your initial 6,092
appearance will be conducted no later than five days after the 6,093
arrest. This suspension is independent of the penalties for the 6,094
offense, and you may be subject to other penalties upon 6,095
conviction." 6,096
(D)(1) If a person under arrest as described in division 6,098
(C)(1) of this section is not asked by a police officer to submit 6,099
to a chemical test designated as provided in division (A) of this 6,100
section, the arresting officer shall seize the Ohio or 6,101
out-of-state driver's or commercial driver's license or permit of 6,102
the person and immediately forward the seized license or permit 6,103
to the court in which the arrested person is to appear on the 6,104
charge for which the person was arrested. If the arrested person 6,105
does not have the person's driver's or commercial driver's 6,106
license or permit on his or her person or in his or her vehicle, 6,107
the arresting officer shall order the arrested person to 6,108
surrender it to the law enforcement agency that employs the 6,110
officer within twenty-four hours after the arrest, and, upon the 6,111
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 6,113
person is to appear on the charge for which the person was 6,114
arrested. Upon receipt of the license or permit, the court shall 6,116
retain it pending the initial appearance of the arrested person 6,117
and any action taken under section 4511.196 of the Revised Code. 6,118
If a person under arrest as described in division (C)(1) of 6,120
this section is asked by a police officer to submit to a chemical 6,121
test designated as provided in division (A) of this section and 6,122
is advised of the consequences of the person's refusal or 6,123
submission as provided in division (C) of this section and if the 6,124
person either refuses to submit to the designated chemical test 6,125
or the person submits to the designated chemical test and the 6,126
test results indicate that the person's blood contained a 6,127
concentration of ten-hundredths of one per cent or more by weight 6,128
148
of alcohol, the person's breath contained a concentration of 6,129
ten-hundredths of one gram or more by weight of alcohol per two 6,130
hundred ten liters of the person's breath, or the person's urine 6,131
contained a concentration of fourteen-hundredths of one gram or 6,133
more by weight of alcohol per one hundred milliliters of the 6,134
person's urine at the time of the alleged offense, the arresting 6,136
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 6,138
suspension upon the person that advises the person that, 6,139
independent of any penalties or sanctions imposed upon the person 6,141
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 6,143
license or permit or nonresident operating privilege is 6,144
suspended, that the suspension takes effect immediately, that the 6,145
suspension will last at least until the person's initial 6,146
appearance on the charge that will be held within five days after 6,148
the date of the person's arrest or the issuance of a citation to 6,150
the person, and that the person may appeal the suspension at the 6,152
initial appearance; seize the Ohio or out-of-state driver's or 6,153
commercial driver's license or permit of the person; and 6,154
immediately forward the seized license or permit to the 6,155
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on his or her 6,156
person or in his or her vehicle, the arresting officer shall 6,157
order the person to surrender it to the law enforcement agency 6,158
that employs the officer within twenty-four hours after the 6,159
service of the notice of suspension, and, upon the surrender, the 6,160
officer's employing agency immediately shall forward the license 6,161
or permit to the registrar. 6,162
(b) Verify the current residence of the person and, if it 6,164
differs from that on the person's driver's or commercial driver's 6,165
license or permit, notify the registrar of the change; 6,166
(c) In addition to forwarding the arrested person's 6,168
driver's or commercial driver's license or permit to the 6,169
149
registrar, send to the registrar, within forty-eight hours after 6,170
the arrest of the person, a sworn report that includes all of the 6,171
following statements: 6,172
(i) That the officer had reasonable grounds to believe 6,174
that, at the time of the arrest, the arrested person was 6,175
operating a vehicle upon a highway or public or private property 6,176
used by the public for vehicular travel or parking within this 6,177
state while under the influence of alcohol, a drug of abuse, or 6,178
alcohol and a drug of abuse or with a prohibited concentration of 6,179
alcohol in the blood, breath, or urine; 6,180
(ii) That the person was arrested and charged with 6,182
operating a vehicle while under the influence of alcohol, a drug 6,183
of abuse, or alcohol and a drug of abuse or with operating a 6,184
vehicle with a prohibited concentration of alcohol in the blood, 6,185
breath, or urine; 6,186
(iii) That the officer asked the person to take the 6,188
designated chemical test, advised the person of the consequences 6,189
of submitting to the chemical test or refusing to take the 6,190
chemical test, and gave the person the form described in division 6,191
(C)(2) of this section; 6,192
(iv) That the person refused to submit to the chemical 6,194
test or that the person submitted to the chemical test and the 6,195
test results indicate that the person's blood contained a 6,196
concentration of ten-hundredths of one per cent or more by weight 6,198
of alcohol, the person's breath contained a concentration of 6,199
ten-hundredths of one gram or more by weight of alcohol per two 6,200
hundred ten liters of the person's breath, or the person's urine 6,201
contained a concentration of fourteen-hundredths of one gram or 6,203
more by weight of alcohol per one hundred milliliters of the 6,204
person's urine at the time of the alleged offense; 6,206
(v) That the officer served a notice of suspension upon 6,208
the person as described in division (D)(1)(a) of this section. 6,209
(2) The sworn report of an arresting officer completed 6,211
under division (D)(1)(c) of this section shall be given by the 6,212
150
officer to the arrested person at the time of the arrest or sent 6,213
to the person by regular first class mail by the registrar as 6,214
soon thereafter as possible, but no later than fourteen days 6,215
after receipt of the report. An arresting officer may give an 6,216
unsworn report to the arrested person at the time of the arrest 6,217
provided the report is complete when given to the arrested person 6,218
and subsequently is sworn to by the arresting officer. As soon 6,219
as possible, but no later than forty-eight hours after the arrest 6,220
of the person, the arresting officer shall send a copy of the 6,221
sworn report to the court in which the arrested person is to 6,222
appear on the charge for which the person was arrested. 6,223
(3) The sworn report of an arresting officer completed and 6,225
sent to the registrar and the court under divisions (D)(1)(c) and 6,226
(D)(2) of this section is prima-facie proof of the information 6,227
and statements that it contains and shall be admitted and 6,228
considered as prima-facie proof of the information and statements 6,229
that it contains in any appeal under division (H) of this section 6,230
relative to any suspension of a person's driver's or commercial 6,231
driver's license or permit or nonresident operating privilege 6,232
that results from the arrest covered by the report. 6,233
(E)(1) Upon receipt of the sworn report of an arresting 6,235
officer completed and sent to the registrar and a court pursuant 6,236
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 6,237
person who refused to take the designated chemical test, the 6,238
registrar shall enter into the registrar's records the fact that 6,240
the person's driver's or commercial driver's license or permit or 6,241
nonresident operating privilege was suspended by the arresting 6,242
officer under division (D)(1)(a) of this section and the period 6,243
of the suspension, as determined under divisions (E)(1)(a) to (d) 6,244
of this section. The suspension shall be subject to appeal as 6,245
provided in this section and shall be for whichever of the 6,246
following periods applies: 6,247
(a) If the arrested person, within five years of the date 6,249
on which the person refused the request to consent to the 6,250
151
chemical test, had not refused a previous request to consent to a 6,252
chemical test of the person's blood, breath, or urine to 6,253
determine its alcohol content, the period of suspension shall be 6,255
one year. If the person is a resident without a license or 6,256
permit to operate a vehicle within this state, the registrar 6,257
shall deny to the person the issuance of a driver's or commercial 6,258
driver's license or permit for a period of one year after the 6,259
date of the alleged violation.
(b) If the arrested person, within five years of the date 6,261
on which the person refused the request to consent to the 6,262
chemical test, had refused one previous request to consent to a 6,264
chemical test of the person's blood, breath, or urine to 6,265
determine its alcohol content, the period of suspension or denial 6,267
shall be two years.
(c) If the arrested person, within five years of the date 6,269
on which the person refused the request to consent to the 6,270
chemical test, had refused two previous requests to consent to a 6,272
chemical test of the person's blood, breath, or urine to 6,273
determine its alcohol content, the period of suspension or denial 6,275
shall be three years.
(d) If the arrested person, within five years of the date 6,277
on which the person refused the request to consent to the 6,278
chemical test, had refused three or more previous requests to 6,280
consent to a chemical test of the person's blood, breath, or 6,281
urine to determine its alcohol content, the period of suspension 6,283
or denial shall be five years. 6,284
(2) The suspension or denial imposed under division (E)(1) 6,286
of this section shall continue for the entire one-year, two-year, 6,287
three-year, or five-year period, subject to appeal as provided in 6,288
this section and subject to termination as provided in division 6,289
(K) of this section. 6,290
(F) Upon receipt of the sworn report of an arresting 6,292
officer completed and sent to the registrar and a court pursuant 6,293
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 6,294
152
person whose test results indicate that the person's blood 6,295
contained a concentration of ten-hundredths of one per cent or 6,297
more by weight of alcohol, the person's breath contained a 6,298
concentration of ten-hundredths of one gram or more by weight of 6,299
alcohol per two hundred ten liters of the person's breath, or the 6,301
person's urine contained a concentration of fourteen-hundredths 6,302
of one gram or more by weight of alcohol per one hundred 6,303
milliliters of the person's urine at the time of the alleged 6,304
offense, the registrar shall enter into the registrar's records 6,305
the fact that the person's driver's or commercial driver's 6,307
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 6,308
this section and the period of the suspension, as determined 6,309
under divisions (F)(1) to (4) of this section. The suspension 6,310
shall be subject to appeal as provided in this section and shall 6,311
be for whichever of the following periods that applies: 6,312
(1) Except when division (F)(2), (3), or (4) of this 6,314
section applies and specifies a different period of suspension or 6,315
denial, the period of the suspension or denial shall be ninety 6,316
days.
(2) If the person has been convicted, within ten years of 6,318
the date the test was conducted, of one violation of division (A) 6,320
or (B) of section 4511.19 of the Revised Code, a municipal 6,321
ordinance relating to operating a vehicle while under the 6,322
influence of alcohol, a drug of abuse, or alcohol and a drug of 6,323
abuse, a municipal ordinance relating to operating a vehicle with 6,324
a prohibited concentration of alcohol in the blood, breath, or 6,325
urine, section 2903.04 of the Revised Code in a case in which the 6,326
offender was subject to the sanctions described in division (D) 6,327
of that section, or section 2903.06, 2903.07, or 2903.08 of the 6,328
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 6,329
the jury or judge found that at the time of the commission of the 6,330
offense the offender was under the influence of alcohol, a drug 6,331
153
of abuse, or alcohol and a drug of abuse, or a statute of THE 6,333
UNITED STATES OR OF any other state or a municipal ordinance of a 6,334
municipal corporation located in any other state that is 6,335
substantially similar to division (A) or (B) of section 4511.19 6,336
of the Revised Code, the period of the suspension or denial shall 6,337
be one year.
(3) If the person has been convicted, within ten years of 6,339
the date the test was conducted, of two violations of a statute 6,340
or ordinance described in division (F)(2) of this section, the 6,342
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within ten years of 6,344
the date the test was conducted, of more than two violations of a 6,345
statute or ordinance described in division (F)(2) of this 6,346
section, the period of the suspension or denial shall be three 6,347
years. 6,348
(G)(1) A suspension of a person's driver's or commercial 6,350
driver's license or permit or nonresident operating privilege 6,351
under division (D)(1)(a) of this section for the period of time 6,352
described in division (E) or (F) of this section is effective 6,353
immediately from the time at which the arresting officer serves 6,354
the notice of suspension upon the arrested person. Any 6,355
subsequent finding that the person is not guilty of the charge 6,356
that resulted in the person being requested to take, or in the 6,358
person taking, the chemical test or tests under division (A) of 6,359
this section affects the suspension only as described in division 6,360
(H)(2) of this section. 6,361
(2) If a person is arrested for operating a vehicle while 6,363
under the influence of alcohol, a drug of abuse, or alcohol and a 6,364
drug of abuse or for operating a vehicle with a prohibited 6,365
concentration of alcohol in the blood, breath, or urine and 6,366
regardless of whether the person's driver's or commercial 6,367
driver's license or permit or nonresident operating privilege is 6,368
or is not suspended under division (E) or (F) of this section, 6,369
the person's initial appearance on the charge resulting from the 6,370
154
arrest shall be held within five days of the person's arrest or 6,371
the issuance of the citation to the person, subject to any 6,372
continuance granted by the court pursuant to division (H)(1) of 6,374
this section regarding the issues specified in that division. 6,375
(H)(1) If a person is arrested for operating a vehicle 6,377
while under the influence of alcohol, a drug of abuse, or alcohol 6,378
and a drug of abuse or for operating a vehicle with a prohibited 6,379
concentration of alcohol in the blood, breath, or urine and if 6,380
the person's driver's or commercial driver's license or permit or 6,381
nonresident operating privilege is suspended under division (E) 6,382
or (F) of this section, the person may appeal the suspension at 6,383
the person's initial appearance on the charge resulting from the 6,386
arrest in the court in which the person will appear on that 6,387
charge. If the person appeals the suspension at the person's 6,388
initial appearance, the appeal does not stay the operation of the 6,389
suspension. Subject to division (H)(2) of this section, no court 6,390
has jurisdiction to grant a stay of a suspension imposed under 6,391
division (E) or (F) of this section, and any order issued by any 6,392
court that purports to grant a stay of any suspension imposed 6,393
under either of those divisions shall not be given administrative 6,394
effect.
If the person appeals the suspension at the person's 6,396
initial appearance, either the person or the registrar may 6,397
request a continuance of the appeal. Either the person or the 6,399
registrar shall make the request for a continuance of the appeal 6,400
at the same time as the making of the appeal. If either the 6,401
person or the registrar requests a continuance of the appeal, the 6,402
court may grant the continuance. The court also may continue the 6,403
appeal on its own motion. The granting of a continuance applies 6,404
only to the conduct of the appeal of the suspension and does not 6,405
extend the time within which the initial appearance must be 6,406
conducted, and the court shall proceed with all other aspects of 6,407
the initial appearance in accordance with its normal procedures. 6,408
Neither the request for nor the granting of a continuance stays 6,409
155
the operation of the suspension that is the subject of the 6,410
appeal.
If the person appeals the suspension at the person's 6,412
initial appearance, the scope of the appeal is limited to 6,413
determining whether one or more of the following conditions have 6,414
not been met: 6,415
(a) Whether the law enforcement officer had reasonable 6,417
ground to believe the arrested person was operating a vehicle 6,418
upon a highway or public or private property used by the public 6,419
for vehicular travel or parking within this state while under the 6,420
influence of alcohol, a drug of abuse, or alcohol and a drug of 6,421
abuse or with a prohibited concentration of alcohol in the blood, 6,422
breath, or urine and whether the arrested person was in fact 6,423
placed under arrest; 6,424
(b) Whether the law enforcement officer requested the 6,426
arrested person to submit to the chemical test designated 6,427
pursuant to division (A) of this section; 6,428
(c) Whether the arresting officer informed the arrested 6,430
person of the consequences of refusing to be tested or of 6,431
submitting to the test; 6,432
(d) Whichever of the following is applicable: 6,434
(i) Whether the arrested person refused to submit to the 6,436
chemical test requested by the officer; 6,437
(ii) Whether the chemical test results indicate that the 6,439
arrested person's blood contained a concentration of 6,440
ten-hundredths of one per cent or more by weight of alcohol, the 6,442
person's breath contained a concentration of ten-hundredths of 6,444
one gram or more by weight of alcohol per two hundred ten liters 6,445
of the person's breath, or the person's urine contained a 6,446
concentration of fourteen-hundredths of one gram or more by 6,448
weight of alcohol per one hundred milliliters of the person's 6,449
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 6,451
appearance, the judge or referee of the court or the mayor of the 6,452
156
mayor's court shall determine whether one or more of the 6,453
conditions specified in divisions (H)(1)(a) to (d) of this 6,454
section have not been met. The person who appeals the suspension 6,455
has the burden of proving, by a preponderance of the evidence, 6,456
that one or more of the specified conditions has not been met. 6,457
If during the appeal at the initial appearance the judge or 6,458
referee of the court or the mayor of the mayor's court determines 6,459
that all of those conditions have been met, the judge, referee, 6,460
or mayor shall uphold the suspension, shall continue the 6,461
suspension, and shall notify the registrar of the decision on a 6,462
form approved by the registrar. Except as otherwise provided in 6,463
division (H)(2) of this section, if the suspension is upheld or 6,464
if the person does not appeal the suspension at the person's 6,465
initial appearance under division (H)(1) of this section, the 6,466
suspension shall continue until the complaint alleging the 6,467
violation for which the person was arrested and in relation to 6,468
which the suspension was imposed is adjudicated on the merits by 6,469
the judge or referee of the trial court or by the mayor of the 6,470
mayor's court. If the suspension was imposed under division (E) 6,471
of this section and it is continued under this division, any 6,472
subsequent finding that the person is not guilty of the charge 6,473
that resulted in the person being requested to take the chemical 6,474
test or tests under division (A) of this section does not 6,475
terminate or otherwise affect the suspension. If the suspension 6,476
was imposed under division (F) of this section and it is 6,477
continued under this division, the suspension shall terminate if, 6,478
for any reason, the person subsequently is found not guilty of 6,479
the charge that resulted in the person taking the chemical test 6,480
or tests under division (A) of this section. 6,481
If, during the appeal at the initial appearance, the judge 6,483
or referee of the trial court or the mayor of the mayor's court 6,484
determines that one or more of the conditions specified in 6,485
divisions (H)(1)(a) to (d) of this section have not been met, the 6,486
judge, referee, or mayor shall terminate the suspension, subject 6,487
157
to the imposition of a new suspension under division (B) of 6,488
section 4511.196 of the Revised Code; shall notify the registrar 6,489
of the decision on a form approved by the registrar; and, except 6,490
as provided in division (B) of section 4511.196 of the Revised 6,492
Code, shall order the registrar to return the driver's or 6,493
commercial driver's license or permit to the person or to take 6,494
such measures as may be necessary, if the license or permit was 6,495
destroyed under section 4507.55 of the Revised Code, to permit 6,496
the person to obtain a replacement driver's or commercial 6,497
driver's license or permit from the registrar or a deputy 6,498
registrar in accordance with that section. The court also shall 6,499
issue to the person a court order, valid for not more than ten 6,500
days from the date of issuance, granting the person operating 6,501
privileges for that period of time.
If the person appeals the suspension at the initial 6,503
appearance, the registrar shall be represented by the prosecuting 6,504
attorney of the county in which the arrest occurred if the 6,505
initial appearance is conducted in a juvenile court or county 6,506
court, except that if the arrest occurred within a city or 6,507
village within the jurisdiction of the county court in which the 6,508
appeal is conducted, the city director of law or village 6,509
solicitor of that city or village shall represent the registrar. 6,510
If the appeal is conducted in a municipal court, the registrar 6,511
shall be represented as provided in section 1901.34 of the 6,512
Revised Code. If the appeal is conducted in a mayor's court, the 6,513
registrar shall be represented by the city director of law, 6,514
village solicitor, or other chief legal officer of the municipal 6,515
corporation that operates that mayor's court. 6,516
(I)(1) If a person's driver's or commercial driver's 6,518
license or permit or nonresident operating privilege has been 6,519
suspended pursuant to division (E) of this section, and the 6,520
person, within the preceding seven years, has refused three 6,521
previous requests to consent to a chemical test of the person's 6,523
blood, breath, or urine to determine its alcohol content or has
158
been convicted of or pleaded guilty to three or more violations 6,525
of division (A) or (B) of section 4511.19 of the Revised Code, a 6,526
municipal ordinance relating to operating a vehicle while under 6,527
the influence of alcohol, a drug of abuse, or alcohol and a drug 6,528
of abuse, a municipal ordinance relating to operating a vehicle 6,529
with a prohibited concentration of alcohol in the blood, breath, 6,530
or urine, section 2903.04 of the Revised Code in a case in which 6,531
the person was subject to the sanctions described in division (D) 6,532
of that section, or section 2903.06, 2903.07, or 2903.08 of the 6,533
Revised Code or a municipal ordinance that is substantially 6,534
similar to section 2903.07 of the Revised Code in a case in which 6,535
the jury or judge found that the person was under the influence 6,536
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,537
statute of THE UNITED STATES OR OF any other state or a municipal 6,539
ordinance of a municipal corporation located in any other state 6,540
that is substantially similar to division (A) or (B) of section 6,541
4511.19 of the Revised Code, the person is not entitled to 6,542
request, and the court shall not grant to the person, 6,543
occupational driving privileges under this division. Any other 6,544
person whose driver's or commercial driver's license or 6,545
nonresident operating privilege has been suspended pursuant to 6,546
division (E) of this section may file a petition requesting 6,547
occupational driving privileges in the COMMON PLEAS COURT, 6,548
municipal court, county court, MAYOR'S COURT, or, if the person 6,549
is a minor, juvenile court with jurisdiction over the place at 6,551
which the arrest occurred RELATED CRIMINAL OR DELINQUENCY CASE. 6,552
The petition may be filed at any time subsequent to the date on 6,553
which the arresting officer serves the notice of suspension IS 6,554
SERVED upon the arrested person. The person shall pay the costs 6,556
of the proceeding, notify the registrar of the filing of the 6,557
petition, and send the registrar a copy of the petition. 6,558
In the proceedings, the registrar shall be represented by 6,560
the prosecuting attorney of the county in which the arrest 6,561
occurred if the petition is filed in the juvenile court or, 6,562
159
county court, OR COMMON PLEAS COURT, except that, if the arrest 6,564
occurred within a city or village within the jurisdiction of the 6,567
county court in which the petition is filed, the city director of 6,568
law or village solicitor of that city or village shall represent 6,569
the registrar. If the petition is filed in the municipal court, 6,570
the registrar shall be represented as provided in section 1901.34 6,571
of the Revised Code. IF THE PETITION IS FILED IN A MAYOR'S 6,572
COURT, THE REGISTRAR SHALL BE REPRESENTED BY THE CITY DIRECTOR OF 6,573
LAW, VILLAGE SOLICITOR, OR OTHER CHIEF LEGAL OFFICER OF THE 6,574
MUNICIPAL CORPORATION THAT OPERATES THE MAYOR'S COURT.
The court, if it finds reasonable cause to believe that 6,576
suspension would seriously affect the person's ability to 6,577
continue in the person's employment, may grant the person 6,578
occupational driving privileges during the period of suspension 6,580
imposed pursuant to division (E) of this section, subject to the 6,581
limitations contained in this division and division (I)(2) of 6,582
this section. The court may grant the occupational driving 6,583
privileges, subject to the limitations contained in this division 6,584
and division (I)(2) of this section, regardless of whether the 6,585
person appeals the suspension at the person's initial appearance 6,587
under division (H)(1) of this section or appeals the decision of 6,588
the court made pursuant to the appeal conducted at the initial 6,589
appearance, and, if the person has appealed the suspension or 6,590
decision, regardless of whether the matter at issue has been 6,591
heard or decided by the court. The court shall not grant 6,592
occupational driving privileges to any person who, within seven 6,593
years of the filing of the petition, has refused three previous 6,594
requests to consent to a chemical test of the person's blood, 6,596
breath, or urine to determine its alcohol content or has been 6,597
convicted of or pleaded guilty to three or more violations of 6,598
division (A) or (B) of section 4511.19 of the Revised Code, a 6,599
municipal ordinance relating to operating a vehicle while under 6,600
the influence of alcohol, a drug of abuse, or alcohol and a drug 6,601
of abuse, a municipal ordinance relating to operating a vehicle 6,602
160
with a prohibited concentration of alcohol in the blood, breath, 6,603
or urine, section 2903.04 of the Revised Code in a case in which 6,604
the person was subject to the sanctions described in division (D) 6,605
of that section, or section 2903.06, 2903.07, or 2903.08 of the 6,606
Revised Code or a municipal ordinance that is substantially 6,607
similar to section 2903.07 of the Revised Code in a case in which 6,608
the jury or judge found that the person was under the influence 6,609
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,610
statute of THE UNITED STATES OR OF any other state or a municipal 6,612
ordinance of a municipal corporation located in any other state 6,613
that is substantially similar to division (A) or (B) of section 6,614
4511.19 of the Revised Code, and shall not grant occupational 6,615
driving privileges for employment as a driver of commercial motor 6,616
vehicles to any person who is disqualified from operating a 6,617
commercial motor vehicle under section 2301.374 or 4506.16 of the 6,618
Revised Code.
(2)(a) In granting occupational driving privileges under 6,620
division (I)(1) of this section, the court may impose any 6,621
condition it considers reasonable and necessary to limit the use 6,622
of a vehicle by the person. The court shall deliver to the 6,623
person a permit card, in a form to be prescribed by the court, 6,624
setting forth the time, place, and other conditions limiting the 6,625
defendant's use of a vehicle. The grant of occupational driving 6,626
privileges shall be conditioned upon the person's having the 6,627
permit in the person's possession at all times during which the 6,629
person is operating a vehicle. 6,630
A person granted occupational driving privileges who 6,632
operates a vehicle for other than occupational purposes, in 6,633
violation of any condition imposed by the court, or without 6,634
having the permit in the person's possession, is guilty of a 6,635
violation of section 4507.02 of the Revised Code. 6,637
(b) The court may not grant a person occupational driving 6,639
privileges under division (I)(1) of this section when prohibited 6,640
by a limitation contained in that division or during any of the 6,641
161
following periods of time: 6,642
(i) The first thirty days of suspension imposed upon a 6,644
person who, within five years of the date on which the person 6,645
refused the request to consent to a chemical test of the person's 6,647
blood, breath, or urine to determine its alcohol content and for 6,649
which refusal the suspension was imposed, had not refused a 6,650
previous request to consent to a chemical test of the person's 6,651
blood, breath, or urine to determine its alcohol content; 6,653
(ii) The first ninety days of suspension imposed upon a 6,655
person who, within five years of the date on which the person 6,656
refused the request to consent to a chemical test of the person's 6,658
blood, breath, or urine to determine its alcohol content and for 6,660
which refusal the suspension was imposed, had refused one 6,661
previous request to consent to a chemical test of the person's 6,662
blood, breath, or urine to determine its alcohol content; 6,664
(iii) The first year of suspension imposed upon a person 6,666
who, within five years of the date on which the person refused 6,668
the request to consent to a chemical test of the person's blood, 6,670
breath, or urine to determine its alcohol content and for which 6,671
refusal the suspension was imposed, had refused two previous 6,672
requests to consent to a chemical test of the person's blood, 6,673
breath, or urine to determine its alcohol content; 6,675
(iv) The first three years of suspension imposed upon a 6,677
person who, within five years of the date on which the person 6,678
refused the request to consent to a chemical test of the person's 6,680
blood, breath, or urine to determine its alcohol content and for 6,682
which refusal the suspension was imposed, had refused three or 6,683
more previous requests to consent to a chemical test of the 6,684
person's blood, breath, or urine to determine its alcohol 6,686
content.
(3) The court shall give information in writing of any 6,688
action taken under this section to the registrar. 6,689
(4) If a person's driver's or commercial driver's license 6,691
or permit or nonresident operating privilege has been suspended 6,692
162
pursuant to division (F) of this section, and the person, within 6,693
the preceding seven years, has been convicted of or pleaded 6,694
guilty to three or more violations of division (A) or (B) of 6,695
section 4511.19 of the Revised Code, a municipal ordinance 6,696
relating to operating a vehicle while under the influence of 6,697
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 6,698
municipal ordinance relating to operating a vehicle with a 6,699
prohibited concentration of alcohol in the blood, breath, or 6,700
urine, section 2903.04 of the Revised Code in a case in which the 6,701
person was subject to the sanctions described in division (D) of 6,702
that section, or section 2903.06, 2903.07, or 2903.08 of the 6,703
Revised Code or a municipal ordinance that is substantially 6,704
similar to section 2903.07 of the Revised Code in a case in which 6,705
the jury or judge found that the person was under the influence 6,706
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 6,707
statute of THE UNITED STATES OR OF any other state or a municipal 6,709
ordinance of a municipal corporation located in any other state 6,710
that is substantially similar to division (A) or (B) of section 6,711
4511.19 of the Revised Code, the person is not entitled to 6,712
request, and the court shall not grant to the person, 6,713
occupational driving privileges under this division. Any other 6,714
person whose driver's or commercial driver's license or 6,715
nonresident operating privilege has been suspended pursuant to 6,716
division (F) of this section may file in the court specified in 6,717
division (I)(1) of this section a petition requesting 6,718
occupational driving privileges in accordance with section 6,719
4507.16 of the Revised Code. The petition may be filed at any 6,720
time subsequent to the date on which the arresting officer serves 6,721
the notice of suspension upon the arrested person. Upon the 6,722
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 6,723
The court may grant the occupational driving privileges, subject 6,724
to the limitations contained in section 4507.16 of the Revised 6,725
Code, regardless of whether the person appeals the suspension at 6,726
163
the person's initial appearance under division (H)(1) of this 6,728
section or appeals the decision of the court made pursuant to the 6,729
appeal conducted at the initial appearance, and, if the person 6,730
has appealed the suspension or decision, regardless of whether 6,731
the matter at issue has been heard or decided by the court. 6,732
(J) When it finally has been determined under the 6,734
procedures of this section that a nonresident's privilege to 6,735
operate a vehicle within this state has been suspended, the 6,736
registrar shall give information in writing of the action taken 6,737
to the motor vehicle administrator of the state of the person's 6,738
residence and of any state in which the person has a license. 6,739
(K) A suspension of the driver's or commercial driver's 6,741
license or permit of a resident, a suspension of the operating 6,742
privilege of a nonresident, or a denial of a driver's or 6,743
commercial driver's license or permit for refusal to submit to a 6,744
chemical test to determine the alcohol, drug, or alcohol and drug 6,745
content of the person's blood, breath, or urine pursuant to 6,746
division (E) of this section, shall be terminated by the 6,747
registrar upon receipt of notice of the person's entering a plea 6,748
of guilty to, or of the person's conviction after entering a plea 6,749
of no contest under Criminal Rule 11 to, operating a vehicle 6,750
while under the influence of alcohol, a drug of abuse, or alcohol 6,751
and a drug of abuse or with a prohibited concentration of alcohol 6,752
in the blood, breath, or urine, if the offense for which the plea 6,753
is entered arose from the same incident that led to the 6,754
suspension or denial. 6,755
The registrar shall credit against any judicial suspension 6,757
of a person's driver's or commercial driver's license or permit 6,758
or nonresident operating privilege imposed pursuant to division 6,759
(B) or (E) of section 4507.16 of the Revised Code any time during 6,760
which the person serves a related suspension imposed pursuant to 6,761
division (E) or (F) of this section. 6,762
(L) At the end of a suspension period under this section, 6,764
section 4511.196, or division (B) of section 4507.16 of the 6,765
164
Revised Code and upon the request of the person whose driver's or 6,766
commercial driver's license or permit was suspended and who is 6,767
not otherwise subject to suspension, revocation, or 6,768
disqualification, the registrar shall return the driver's or 6,769
commercial driver's license or permit to the person upon the 6,770
occurrence of all of the following: 6,771
(1) A showing by the person that the person had proof of 6,773
financial responsibility, a policy of liability insurance in 6,775
effect that meets the minimum standards set forth in section 6,776
4509.51 of the Revised Code, or proof, to the satisfaction of the 6,777
registrar, that the person is able to respond in damages in an 6,778
amount at least equal to the minimum amounts specified in section 6,779
4509.51 of the Revised Code. 6,780
(2) Payment by the person of a license reinstatement fee 6,782
of two hundred eighty dollars to the bureau of motor vehicles, 6,784
which fee shall be deposited in the state treasury and credited 6,785
as follows: 6,786
(a) Seventy-five dollars shall be credited to the drivers' 6,788
treatment and intervention fund, which is hereby established. 6,789
The fund shall be used to pay the costs of driver treatment and 6,790
intervention programs operated pursuant to sections 3793.02 and 6,791
3793.10 of the Revised Code. The director of alcohol and drug 6,792
addiction services shall determine the share of the fund that is 6,793
to be allocated to alcohol and drug addiction programs authorized 6,794
by section 3793.02 of the Revised Code, and the share of the fund 6,795
that is to be allocated to drivers' intervention programs 6,796
authorized by section 3793.10 of the Revised Code. 6,797
(b) Fifty dollars shall be credited to the reparations 6,799
fund created by section 2743.191 of the Revised Code. 6,800
(c) Twenty-five dollars shall be credited to the indigent 6,802
drivers alcohol treatment fund, which is hereby established. 6,803
Except as otherwise provided in division (L)(2)(c) of this 6,805
section, moneys in the fund shall be distributed by the 6,806
department of alcohol and drug addiction services to the county 6,807
165
indigent drivers alcohol treatment funds, the county juvenile 6,808
indigent drivers alcohol treatment funds, and the municipal 6,809
indigent drivers treatment funds that are required to be 6,810
established by counties and municipal corporations pursuant to 6,811
division (N) of this section, and shall be used only to pay the 6,812
cost of an alcohol and drug addiction treatment program attended 6,813
by an offender or juvenile traffic offender who is ordered to 6,814
attend an alcohol and drug addiction treatment program by a 6,815
county, juvenile, or municipal court judge and who is determined 6,816
by the county, juvenile, or municipal court judge not to have the 6,817
means to pay for attendance at the program. Moneys in the fund 6,818
that are not distributed to a county indigent drivers alcohol 6,819
treatment fund, a county juvenile indigent drivers alcohol 6,820
treatment fund, or a municipal indigent drivers alcohol treatment 6,821
fund under division (N) of this section because the director of 6,822
alcohol and drug addiction services does not have the information 6,823
necessary to identify the county or municipal corporation where 6,824
the offender or juvenile offender was arrested may be transferred 6,825
by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of 6,826
this section, upon certification of the amount by the director of 6,827
alcohol and drug addiction services. 6,828
(d) Fifty dollars shall be credited to the Ohio 6,830
rehabilitation services commission established by section 3304.12 6,831
of the Revised Code, to the services for rehabilitation fund, 6,832
which is hereby established. The fund shall be used to match 6,833
available federal matching funds where appropriate, and for any 6,834
other purpose or program of the commission to rehabilitate people 6,835
with disabilities to help them become employed and independent. 6,836
(e) Fifty dollars shall be deposited into the state 6,838
treasury and credited to the drug abuse resistance education 6,839
programs fund, which is hereby established, to be used by the 6,840
attorney general for the purposes specified in division (L)(2)(e) 6,841
of this section. 6,842
166
(f) Thirty dollars shall be credited to the state bureau 6,844
of motor vehicles fund created by section 4501.25 of the Revised 6,845
Code.
The attorney general shall use amounts in the drug abuse 6,847
resistance education programs fund to award grants to law 6,848
enforcement agencies to establish and implement drug abuse 6,849
resistance education programs in public schools. Grants awarded 6,850
to a law enforcement agency under division (L)(2)(e) of this 6,851
section shall be used by the agency to pay for not more than 6,852
fifty per cent of the amount of the salaries of law enforcement 6,853
officers who conduct drug abuse resistance education programs in 6,854
public schools. The attorney general shall not use more than six 6,855
per cent of the amounts the attorney general's office receives 6,857
under division (L)(2)(e) of this section to pay the costs it 6,858
incurs in administering the grant program established by division 6,859
(L)(2)(e) of this section and in providing training and materials 6,860
relating to drug abuse resistance education programs. 6,861
The attorney general shall report to the governor and the 6,863
general assembly each fiscal year on the progress made in 6,864
establishing and implementing drug abuse resistance education 6,865
programs. These reports shall include an evaluation of the 6,866
effectiveness of these programs. 6,867
(M) Suspension of a commercial driver's license under 6,869
division (E) or (F) of this section shall be concurrent with any 6,870
period of disqualification under section 2301.374 or 4506.16 of 6,871
the Revised Code. No person who is disqualified for life from 6,872
holding a commercial driver's license under section 4506.16 of 6,873
the Revised Code shall be issued a driver's license under Chapter 6,874
4507. of the Revised Code during the period for which the 6,875
commercial driver's license was suspended under division (E) or 6,876
(F) of this section, and no person whose commercial driver's 6,877
license is suspended under division (E) or (F) of this section 6,878
shall be issued a driver's license under that chapter during the 6,879
period of the suspension. 6,880
167
(N)(1) Each county shall establish an indigent drivers 6,882
alcohol treatment fund, each county shall establish a juvenile 6,883
indigent drivers alcohol treatment fund, and each municipal 6,884
corporation in which there is a municipal court shall establish 6,885
an indigent drivers alcohol treatment fund. All revenue that the 6,886
general assembly appropriates to the indigent drivers alcohol 6,887
treatment fund for transfer to a county indigent drivers alcohol 6,888
treatment fund, a county juvenile indigent drivers alcohol 6,889
treatment fund, or a municipal indigent drivers alcohol treatment 6,890
fund, all portions of fees that are paid under division (L) of 6,891
this section and that are credited under that division to the 6,892
indigent drivers alcohol treatment fund in the state treasury for 6,893
a county indigent drivers alcohol treatment fund, a county 6,894
juvenile indigent drivers alcohol treatment fund, or a municipal 6,895
indigent drivers alcohol treatment fund, and all portions of 6,896
fines that are specified for deposit into a county or municipal 6,897
indigent drivers alcohol treatment fund by section 4511.193 of 6,898
the Revised Code shall be deposited into that county indigent 6,899
drivers alcohol treatment fund, county juvenile indigent drivers 6,900
alcohol treatment fund, or municipal indigent drivers alcohol 6,901
treatment fund in accordance with division (N)(2) of this 6,902
section. Additionally, all portions of fines that are paid for a 6,903
violation of section 4511.19 of the Revised Code or division 6,904
(B)(2) of section 4507.02 of the Revised Code, and that are 6,905
required under division (A)(1) or (2) of section 4511.99 or 6,906
division (B)(5) of section 4507.99 of the Revised Code to be 6,907
deposited into a county indigent drivers alcohol treatment fund 6,908
or municipal indigent drivers alcohol treatment fund shall be 6,909
deposited into the appropriate fund in accordance with the 6,910
applicable division. 6,911
(2) That portion of the license reinstatement fee that is 6,913
paid under division (L) of this section and that is credited 6,914
under that division to the indigent drivers alcohol treatment 6,915
fund shall be deposited into a county indigent drivers alcohol 6,916
168
treatment fund, a county juvenile indigent drivers alcohol 6,917
treatment fund, or a municipal indigent drivers alcohol treatment 6,918
fund as follows: 6,919
(a) If the suspension in question was imposed under this 6,921
section, that portion of the fee shall be deposited as follows: 6,922
(i) If the fee is paid by a person who was charged in a 6,924
county court with the violation that resulted in the suspension, 6,925
the portion shall be deposited into the county indigent drivers 6,926
alcohol treatment fund under the control of that court; 6,927
(ii) If the fee is paid by a person who was charged in a 6,929
juvenile court with the violation that resulted in the 6,930
suspension, the portion shall be deposited into the county 6,931
juvenile indigent drivers alcohol treatment fund established in 6,932
the county served by the court; 6,933
(iii) If the fee is paid by a person who was charged in a 6,935
municipal court with the violation that resulted in the 6,936
suspension, the portion shall be deposited into the municipal 6,937
indigent drivers alcohol treatment fund under the control of that 6,938
court. 6,939
(b) If the suspension in question was imposed under 6,941
division (B) of section 4507.16 of the Revised Code, that portion 6,942
of the fee shall be deposited as follows: 6,943
(i) If the fee is paid by a person whose license or permit 6,945
was suspended by a county court, the portion shall be deposited 6,946
into the county indigent drivers alcohol treatment fund under the 6,947
control of that court; 6,948
(ii) If the fee is paid by a person whose license or 6,950
permit was suspended by a municipal court, the portion shall be 6,951
deposited into the municipal indigent drivers alcohol treatment 6,952
fund under the control of that court. 6,953
(3) Expenditures from a county indigent drivers alcohol 6,955
treatment fund, a county juvenile indigent drivers alcohol 6,956
treatment fund, or a municipal indigent drivers alcohol treatment 6,957
fund shall be made only upon the order of a county, juvenile, or 6,958
169
municipal court judge and only for payment of the cost of the 6,959
attendance at an alcohol and drug addiction treatment program of 6,960
a person who is convicted of, or found to be a juvenile traffic 6,961
offender by reason of, a violation of division (A) of section 6,962
4511.19 of the Revised Code or a substantially similar municipal 6,963
ordinance, who is ordered by the court to attend the alcohol and 6,964
drug addiction treatment program, and who is determined by the 6,965
court to be unable to pay the cost of attendance at the treatment 6,967
program. The board of alcohol, drug addiction, and mental health 6,968
services established pursuant to section 340.02 of the Revised 6,969
Code serving the alcohol, drug addiction, and mental health 6,970
service district in which the court is located shall administer 6,971
the indigent drivers alcohol treatment program of the court. 6,972
When a court orders an offender or juvenile traffic offender to 6,973
attend an alcohol and drug addiction treatment program, the board 6,974
shall determine which program is suitable to meet the needs of 6,975
the offender or juvenile traffic offender, and when a suitable 6,976
program is located and space is available at the program, the 6,977
offender or juvenile traffic offender shall attend the program 6,978
designated by the board. A reasonable amount not to exceed five 6,979
per cent of the amounts credited to and deposited into the county 6,980
indigent drivers alcohol treatment fund, the county juvenile 6,981
indigent drivers alcohol treatment fund, or the municipal 6,982
indigent drivers alcohol treatment fund serving every court whose 6,983
program is administered by that board shall be paid to the board 6,984
to cover the costs it incurs in administering those indigent 6,985
drivers alcohol treatment programs.
Sec. 4511.193. (A) Twenty-five dollars of any fine 6,995
imposed for a violation of a municipal ordinance relating to 6,996
operating a vehicle while under the influence of alcohol, a drug 6,997
of abuse, or alcohol and a drug of abuse or relating to operating 6,998
a vehicle with a prohibited concentration of alcohol in the 6,999
blood, breath, or urine shall be deposited into the municipal or 7,000
county indigent drivers alcohol treatment fund created pursuant 7,001
170
to division (N) of section 4511.191 of the Revised Code in 7,002
accordance with this section and section 733.40, divisions (A) 7,003
and (B) of section 1901.024, division (F) of section 1901.31, or 7,004
division (C) of section 1907.20 of the Revised Code. Regardless 7,005
of whether the fine is imposed by a municipal court, a mayor's 7,006
court, or a juvenile court, if the fine was imposed for a 7,007
violation of an ordinance of a municipal corporation that is 7,008
within the jurisdiction of a municipal court, the twenty-five 7,009
dollars that is subject to this section shall be deposited into 7,010
the indigent drivers alcohol treatment fund of the municipal 7,011
corporation in which is located the municipal court that has 7,012
jurisdiction over that municipal corporation. Regardless of 7,013
whether the fine is imposed by a county court, a mayor's court, 7,014
or a juvenile court, if the fine was imposed for a violation of 7,015
an ordinance of a municipal corporation that is within the 7,016
jurisdiction of a county court, the twenty-five dollars that is 7,017
subject to this section shall be deposited into the indigent 7,018
drivers alcohol treatment fund of the county in which is located 7,019
the county court that has jurisdiction over that municipal 7,020
corporation. The deposit shall be made in accordance with 7,021
section 733.40, divisions (A) and (B) of section 1901.024, 7,022
division (F) of section 1901.31, or division (C) of section 7,023
1907.20 of the Revised Code. 7,024
(B)(1) The requirements and sanctions imposed by divisions 7,026
(B)(1) and (2) of this section are an adjunct to and derive from 7,027
the state's exclusive authority over the registration and titling 7,028
of motor vehicles and do not comprise a part of the criminal 7,029
sentence to be imposed upon a person who violates a municipal 7,030
ordinance relating to operating a vehicle while under the 7,031
influence of alcohol, a drug of abuse, or alcohol and a drug of 7,032
abuse or relating to operating a vehicle with a prohibited 7,033
concentration of alcohol in the blood, breath, or urine. 7,034
(2) If a person is convicted of or pleads guilty to a 7,036
municipal ordinance relating to operating a vehicle while under 7,037
171
the influence of alcohol, a drug of abuse, or alcohol and a drug 7,038
of abuse or relating to operating a vehicle with a prohibited 7,039
concentration of alcohol in the blood, breath, or urine and if, 7,040
within the period of time specified in division (B)(2)(a), (b), 7,042
or (c) of this section, the offender has been convicted of or 7,044
pleaded guilty to any violation of section 4511.19 of the Revised 7,045
Code, a municipal ordinance relating to operating a vehicle while 7,046
under the influence of alcohol, a drug of abuse, or alcohol and a 7,047
drug of abuse, a municipal ordinance relating to operating a 7,048
vehicle with a prohibited concentration of alcohol in the blood, 7,049
breath, or urine, section 2903.04 of the Revised Code in a case 7,050
in which the offender was subject to the sanctions described in 7,051
division (D) of that section, section 2903.06, 2903.07, or 7,052
2903.08 of the Revised Code, or a municipal ordinance that is 7,053
substantially similar to section 2903.07 of the Revised Code in a 7,054
case in which the jury or judge found that the offender was under 7,055
the influence of alcohol, a drug of abuse, or alcohol and a drug 7,056
of abuse, or a statute of THE UNITED STATES OR OF any other state 7,057
or a municipal ordinance of a municipal corporation located in 7,058
any other state that is substantially similar to division (A) or 7,059
(B) of section 4511.19 of the Revised Code, or if the other 7,060
circumstances described in division (B)(2)(c) of this section 7,061
apply, the court, in addition to and independent of any sentence 7,063
that it imposes upon the offender for the offense, regardless of 7,064
whether the vehicle the offender was operating at the time of the 7,065
offense is registered in the offender's name or in the name of 7,066
another person, and subject to section 4503.235 of the Revised 7,067
Code, shall do whichever of the following is applicable: 7,068
(a) Except as otherwise provided in division (B)(2)(c) of 7,071
this section, if, within six years of the current offense, the 7,072
offender has been convicted of or pleaded guilty to one violation 7,073
described in division (B)(2) of this section, the court shall 7,074
order the immobilization for ninety days of the vehicle the 7,075
offender was operating at the time of the offense and the 7,076
172
impoundment for ninety days of the license plates of that 7,078
vehicle. The order for the immobilization and impoundment shall 7,079
be issued and enforced in accordance with section 4503.233 of the 7,080
Revised Code.
(b) Except as otherwise provided in division (B)(2)(c) of 7,083
this section, if, within six years of the current offense, the 7,084
offender has been convicted of or pleaded guilty to two 7,085
violations described in division (B)(2) of this section, the 7,086
court shall order the immobilization for one hundred eighty days 7,087
of the vehicle the offender was operating at the time of the 7,088
offense and the impoundment for one hundred eighty days of the 7,089
license plates of that vehicle. The order for the immobilization 7,091
and impoundment shall be issued and enforced in accordance with 7,092
section 4503.233 of the Revised Code.
(c) If, within six years of the current offense, the 7,094
offender has been convicted of or pleaded guilty to three or more 7,095
violations described in division (B)(2) of this section, or if 7,096
the offender previously has been convicted of or pleaded guilty 7,097
to a violation of division (A) of section 4511.19 of the Revised 7,098
Code under circumstances in which the violation was a felony and 7,099
regardless of when the violation and the conviction or guilty 7,100
plea occurred, the court shall order the criminal forfeiture to 7,101
the state of the vehicle the offender was operating at the time 7,102
of the offense. The order of criminal forfeiture shall be issued 7,103
and enforced in accordance with section 4503.234 of the Revised 7,104
Code.
Sec. 4511.195. (A) As used in this section: 7,115
(1) "Vehicle operator" means a person who is operating a 7,117
vehicle at the time it is seized under division (B) of this 7,118
section. 7,119
(2) "Vehicle owner" means either of the following: 7,121
(a) The person in whose name is registered, at the time of 7,124
the seizure, a vehicle that is seized under division (B) of this 7,125
section;
173
(b) A person to whom the certificate of title to a vehicle 7,127
that is seized under division (B) of this section has been 7,128
assigned and who has not obtained a certificate of title to the 7,129
vehicle in that person's name, but who is deemed by the court as 7,130
being the owner of the vehicle at the time the vehicle was seized 7,131
under division (B) of this section.
(3) "Municipal OMVI ordinance" means any municipal 7,133
ordinance prohibiting the operation of a vehicle while under the 7,134
influence of alcohol, a drug of abuse, or alcohol and a drug of 7,135
abuse or prohibiting the operation of a vehicle with a prohibited 7,136
concentration of alcohol in the blood, breath, or urine. 7,137
(4) "Interested party" includes the owner of a vehicle 7,140
seized under this section, all lienholders, the defendant, the 7,141
owner of the place of storage at which a vehicle seized under 7,142
this section is stored, and the person or entity that caused the 7,143
vehicle to be removed. 7,144
(B)(1) If a person is arrested for a violation of division 7,146
(A) of section 4511.19 of the Revised Code or of a municipal OMVI 7,147
ordinance and, within six years of the alleged violation, the 7,149
person previously has been convicted of or pleaded guilty to one
or more violations of division (A) or (B) of section 4511.19 of 7,150
the Revised Code, a municipal OMVI ordinance, section 2903.04 of 7,151
the Revised Code in a case in which the offender was subject to 7,152
the sanctions described in division (D) of that section, or 7,153
section 2903.06, 2903.07, or 2903.08 of the Revised Code or a 7,154
municipal ordinance that is substantially similar to section 7,155
2903.07 of the Revised Code in a case in which the jury or judge 7,156
found that the offender was under the influence of alcohol, a 7,157
drug of abuse, or alcohol and a drug of abuse, A STATUTE OF THE 7,159
UNITED STATES OR OF ANY OTHER STATE OR A MUNICIPAL ORDINANCE OF A 7,160
MUNICIPAL CORPORATION LOCATED IN ANY OTHER STATE THAT IS 7,161
SUBSTANTIALLY SIMILAR TO DIVISION (A) OR (B) OF SECTION 4511.19 7,162
OF THE REVISED CODE, or if a person is arrested for a violation 7,163
of division (A) of section 4511.19 of the Revised Code or of a 7,164
174
municipal OMVI ordinance and the person previously has been 7,165
convicted of or pleaded guilty to a violation of division (A) of 7,166
section 4511.19 of the Revised Code under circumstances in which 7,167
the violation was a felony, regardless of when the prior felony 7,169
violation of division (A) of section 4511.19 of the Revised Code
and the conviction or guilty plea occurred, the arresting officer 7,170
or another officer of the law enforcement agency that employs the 7,171
arresting officer, in addition to any action that the arresting 7,172
officer is required or authorized to take by section 4511.191 of 7,173
the Revised Code or by any other provision of law, shall seize 7,174
the vehicle that the person was operating at the time of the 7,175
alleged offense and its license plates. Except as otherwise 7,176
provided in this division, the officer shall seize the vehicle 7,177
and its license plates regardless of whether the vehicle is 7,179
registered in the name of the person who was operating it or in 7,180
the name of another person or entity. This section does not
apply to or affect any rented or leased vehicle that is being 7,181
rented or leased for a period of thirty days or less, except that 7,183
a law enforcement agency that employs a law enforcement officer 7,184
who makes an arrest of a type that is described in division 7,185
(B)(1) of this section and that involves a rented or leased 7,186
vehicle of this type shall notify, within twenty-four hours after 7,187
the officer makes the arrest, the lessor or owner of the vehicle 7,188
regarding the circumstances of the arrest and the location at
which the vehicle may be picked up. At the time of the seizure 7,190
of the vehicle, the law enforcement officer who made the arrest 7,191
shall give the vehicle operator written notice that the vehicle 7,192
and its license plates have been seized; that the vehicle either 7,193
will be kept by the officer's law enforcement agency or will be 7,194
immobilized at least until the operator's initial appearance on 7,195
the charge of the offense for which the arrest was made; that, at 7,196
the initial appearance, the court in certain circumstances may 7,197
order that the vehicle and license plates be released to the 7,199
vehicle owner until the disposition of that charge; that, if the 7,200
175
vehicle operator is convicted of that charge, the court generally 7,201
must order the immobilization of the vehicle and the impoundment 7,202
of its license plates, or the forfeiture of the vehicle; and 7,203
that, if the operator is not the vehicle owner, the operator 7,204
immediately should inform the vehicle owner that the vehicle and 7,205
its license plates have been seized and that the vehicle owner 7,206
may be able to obtain their return or release at the initial 7,207
appearance or thereafter. 7,208
(2) The arresting officer or a law enforcement officer of 7,210
the agency that employs the arresting officer shall give written 7,211
notice of the seizure to the court that will conduct the initial 7,212
appearance of the vehicle operator the vehicle operator. The 7,213
notice shall be given when the charges are filed against the 7,214
vehicle operator. Upon receipt of the notice, the court promptly 7,215
shall determine whether the vehicle operator is the vehicle owner 7,216
and whether there are any liens recorded on the certificate of 7,217
title to the vehicle. If the court determines that the vehicle 7,218
operator is not the vehicle owner, it promptly shall send by 7,219
regular mail written notice of the seizure of the motor vehicle 7,220
to the vehicle owner and to all lienholders recorded on the 7,221
certificate of title. The written notice to the vehicle owner 7,222
and lienholders shall contain all of the information required by
division (B)(1) of this section to be in a notice to be given to 7,223
the vehicle operator and also shall specify the date, time, and 7,224
place of the vehicle operator's initial appearance the vehicle 7,225
operator. The notice to the vehicle owner also shall state that 7,227
if the vehicle is immobilized under division (A) of section 7,228
4503.233 of the Revised Code, seven days after the end of the 7,229
period of immobilization a law enforcement agency will send the 7,231
vehicle owner a notice, informing the vehicle owner that if the 7,232
release of the vehicle is not obtained in accordance with
division (D)(3) of section 4503.233 of the Revised Code, the 7,234
vehicle shall be forfeited. The notice also shall inform the 7,235
vehicle owner that the vehicle owner may be charged expenses or 7,236
176
charges incurred under this section and section 4503.233 of the 7,237
Revised Code for the removal and storage of the vehicle. 7,238
The written notice that is given to the vehicle operator or 7,240
is sent or delivered to the vehicle owner if the vehicle owner is 7,241
not the vehicle operator also shall state that if the vehicle 7,242
operator pleads guilty to or is convicted of the offense for 7,243
which the vehicle operator was arrested and the court issues an 7,244
immobilization and impoundment order relative to that vehicle,
division (D)(4) of section 4503.233 of the Revised Code prohibits 7,245
the vehicle from being sold during the period of immobilization 7,247
without the prior approval of the court.
ANY SUCH NOTICE ALSO SHALL STATE THAT IF TITLE TO A MOTOR 7,249
VEHICLE THAT IS SUBJECT TO AN ORDER FOR CRIMINAL FORFEITURE UNDER 7,250
THIS SECTION IS ASSIGNED OR TRANSFERRED AND DIVISION (C)(2) OR 7,251
(3) OF SECTION 4503.234 OF THE REVISED CODE APPLIES, THE COURT 7,252
MAY FINE THE OFFENDER THE VALUE OF THE VEHICLE.
(3) At or before the initial appearance, the vehicle owner 7,255
may file a motion requesting the court to order that the vehicle 7,256
and its license plates be released to the vehicle owner. Except
as provided in this division and subject to the payment of 7,258
expenses or charges incurred in the removal and storage of the 7,259
vehicle, the court, in its discretion, then may issue an order 7,260
releasing the vehicle and its license plates to the vehicle 7,261
owner. Such an order may be conditioned upon such terms as the 7,262
court determines appropriate, including the posting of a bond in 7,263
an amount determined by the court. If the vehicle operator is 7,264
not the vehicle owner and if the vehicle owner is not present at 7,265
the vehicle operator's initial appearance, and if the court 7,266
believes that the vehicle owner was not provided with adequate 7,267
notice of the initial appearance, the court, in its discretion, 7,268
may allow the vehicle owner to file a motion within seven days of 7,269
the initial appearance. If the court allows the vehicle owner to 7,270
file such a motion after the initial appearance, the extension of 7,271
time granted by the court does not extend the time within which 7,272
177
the initial appearance is to be conducted. If the court issues 7,273
an order for the release of the vehicle and its license plates, a 7,274
copy of the order shall be made available to the vehicle owner. 7,275
If the vehicle owner presents a copy of the order to the law 7,276
enforcement agency that employs the law enforcement officer who 7,277
arrested the person who was operating the vehicle, the law 7,278
enforcement agency promptly shall release the vehicle and its 7,279
license plates to the vehicle owner upon payment by the vehicle 7,280
owner of any expenses or charges incurred in the removal and 7,281
storage of the vehicle.
(4) A vehicle seized under division (B)(1) of this section 7,283
either shall be towed to a place specified by the law enforcement 7,284
agency that employs the arresting officer to be safely kept by 7,285
the agency at that place for the time and in the manner specified 7,286
in this section or shall be otherwise immobilized for the time 7,287
and in the manner specified in this section. A law enforcement 7,288
officer of that agency shall remove the identification license 7,289
plates of the vehicle, and they shall be safely kept by the 7,290
agency for the time and in the manner specified in this section. 7,291
No vehicle that is seized and either towed or immobilized 7,292
pursuant to this division shall be considered contraband for 7,293
purposes of section 2933.41, 2933.42, or 2933.43 of the Revised 7,294
Code. The vehicle shall not be immobilized at any place other 7,295
than a commercially operated private storage lot, a place owned 7,296
by a law enforcement agency or other government agency, or a 7,297
place to which one of the following applies: 7,298
(a) The place is leased by or otherwise under the control 7,300
of a law enforcement agency or other government agency. 7,301
(b) The place is owned by the vehicle operator, the 7,303
vehicle operator's spouse, or a parent or child of the vehicle 7,304
operator. 7,305
(c) The place is owned by a private person or entity, and, 7,307
prior to the immobilization, the private entity or person that 7,308
owns the place, or the authorized agent of that private entity or 7,309
178
person, has given express written consent for the immobilization 7,310
to be carried out at that place. 7,311
(d) The place is a street or highway on which the vehicle 7,314
is parked in accordance with the law.
(C)(1) A vehicle that is seized under division (B) of this 7,317
section shall be safely kept at the place to which it is towed or 7,318
otherwise moved by the law enforcement agency that employs the
arresting officer until the initial appearance of the vehicle 7,320
operator relative to the charge the vehicle operator in question. 7,321
The license plates of the vehicle that are removed pursuant to 7,322
division (B) of this section shall be safely kept by the law 7,323
enforcement agency that employs the arresting officer until the 7,324
initial appearance of the vehicle operator relative to the charge 7,325
in question.
(2)(a) the vehicle owner's the vehicle owner the vehicle 7,327
owner the vehicle owner's the vehicle owner the vehicle owner's 7,328
the vehicle owner's the vehicle operator the vehicle owner's the 7,329
vehicle owner's the vehicle owner's the vehicle operator The 7,330
court also shall notify the arrested person, and the movant if 7,331
the movant is not the arrested person, that if title to a motor
vehicle that is subject to an order for criminal forfeiture under 7,332
this section is assigned or transferred and division (C)(2) or 7,333
(3) of section 4503.234 of the Revised Code applies, the court 7,334
may fine the offender the value of the vehicle. the vehicle 7,335
owner's If, at the initial appearance, the vehicle operator 7,336
pleads guilty to the violation of division (A) of section 4511.19 7,337
of the Revised Code or of the municipal OMVI ordinance or pleads 7,338
no contest to and is convicted of the violation, the court shall 7,339
impose sentence upon the vehicle operator as provided by law or 7,340
ordinance; the court, except as provided in this division and 7,341
subject to section 4503.235 of the Revised Code, shall order the 7,342
immobilization of the vehicle and the impoundment of its license 7,344
plates under section 4503.233 and section 4511.193 or 4511.99 of 7,345
the Revised Code, or the criminal forfeiture of the vehicle under 7,346
179
section 4503.234 and section 4511.193 or 4511.99 of the Revised 7,347
Code, whichever is applicable; and the vehicle and its license 7,348
plates shall not be returned or released to the vehicle owner. 7,349
If the vehicle operator is not the vehicle owner and the vehicle 7,350
owner the vehicle owner's is not present at the vehicle 7,351
operator's initial appearance and if the court believes that the 7,352
vehicle owner was not provided adequate notice of the initial 7,353
appearance, the court, in its discretion, may refrain for a 7,354
period of time not exceeding seven days from ordering the 7,355
immobilization of the vehicle and the impoundment of its license 7,356
plates, or the criminal forfeiture of the vehicle so that the 7,357
vehicle owner the vehicle owner's may appear before the court to 7,358
present evidence as to why the court should not order the 7,359
immobilization of the vehicle and the impoundment of its license 7,360
plates, or the criminal forfeiture of the vehicle. If the court 7,361
refrains from ordering the immobilization of the vehicle and the 7,362
impoundment of its license plates, or the criminal forfeiture of 7,363
the vehicle, section 4503.235 of the Revised Code applies 7,365
relative to the order of immobilization and impoundment, or the 7,366
order of forfeiture.
(b) If, at any time, the charge that the vehicle operator 7,369
violated division (A) of section 4511.19 of the Revised Code or 7,370
the municipal OMVI ordinance is dismissed for any reason, the 7,371
court shall order that the vehicle seized at the time of the 7,372
arrest and its license plates immediately be released to the 7,373
vehicle owner subject to the payment of expenses or the vehicle 7,374
owner's charges incurred in the removal and storage of the 7,375
vehicle.
(D) If a vehicle is seized under division (B) of this 7,377
section the vehicle operator OMVI and is not returned or released 7,378
to the vehicle owner the vehicle owner's pursuant to division (C) 7,379
of this section, the vehicle or its license plates shall be 7,380
retained until the final disposition of the charge in question. 7,382
Upon the final disposition of that charge, the court shall do 7,383
180
whichever of the following is applicable:
(1) If the vehicle operator is convicted of or pleads 7,385
guilty to the violation of division (A) of section 4511.19 of the 7,386
Revised Code or of the municipal OMVI ordinance, the court shall 7,387
impose sentence upon the vehicle operator as provided by law or 7,388
ordinance and, subject to section 4503.235 of the Revised Code, 7,389
shall order the immobilization of the vehicle the vehicle 7,390
operator was operating at the time of, or that was involved in, 7,391
the offense and the impoundment of its license plates under 7,393
section 4503.233 and section 4511.193 or 4511.99 of the Revised 7,394
Code, or the criminal forfeiture of the vehicle under section 7,395
4503.234 and section 4511.193 or 4511.99 of the Revised Code, 7,396
whichever is applicable. 7,397
(2) If the vehicle operator is found not guilty of the 7,399
violation of division (A) of section 4511.19 of the Revised Code 7,400
or of the municipal OMVI ordinance, the court shall order that 7,401
the vehicle and its license plates immediately be released to the 7,403
vehicle owner upon the payment of any expenses or the vehicle 7,404
owner's charges incurred in its removal and storage. 7,405
(3) If the charge that the vehicle operator violated 7,407
division (A) of section 4511.19 of the Revised Code or the 7,408
municipal OMVI ordinance is dismissed for any reason, the court 7,409
shall order that the vehicle and its license plates immediately 7,411
be released to the vehicle owner upon the payment of any expenses 7,412
or the vehicle owner's charges incurred in its removal and 7,413
storage.
the vehicle operator the vehicle owner's the vehicle 7,415
owner's the vehicle operator OMVI 7,416
(E) If a vehicle is seized under division (B) of this 7,418
section, the time between the seizure of the vehicle and either 7,419
its release to the vehicle owner the vehicle owner's under 7,420
division (C) of this section or the issuance of an order of 7,421
immobilization of the vehicle under section 4503.233 of the 7,423
Revised Code shall be credited against the period of
181
immobilization ordered by the court. 7,424
(F)(1) The vehicle owner may be charged expenses or 7,426
charges incurred in the removal and storage of the immobilized 7,427
vehicle. The court with jurisdiction over the case, after notice 7,428
to all interested parties, including lienholders, and after an 7,429
opportunity for them to be heard, if the vehicle owner fails to 7,430
appear in person, without good cause, or if the court finds that 7,431
the vehicle owner does not intend to seek release of the vehicle 7,432
at the end of the period of immobilization under section 4503.233 7,433
of the Revised Code or that the vehicle owner is not or will not 7,434
be able to pay the expenses and charges incurred in its removal 7,435
and storage, may order that title to the vehicle be transferred, 7,436
in order of priority, first into the name of the person or entity 7,437
that removed it, next into the name of a lienholder, or lastly 7,438
into the name of the owner of the place of storage. 7,439
Any lienholder that receives title under a court order 7,442
shall do so on the condition that it pay any expenses or charges 7,443
incurred in the vehicle's removal and storage. If the person or 7,444
entity that receives title to the vehicle is the person or entity 7,445
that removed it, the person or entity shall receive title on the 7,446
condition that it pay any lien on the vehicle. The court shall 7,448
not order that title be transferred to any person or entity other 7,449
than the owner of the place of storage if the person or entity 7,450
refuses to receive the title. Any person or entity that receives 7,451
title either may keep title to the vehicle or may dispose of the 7,452
vehicle in any legal manner that it considers appropriate, 7,453
including assignment of the certificate of title to the motor 7,454
vehicle to a salvage dealer or a scrap metal processing facility. 7,455
The person or entity shall not transfer the vehicle to the person 7,456
who is the vehicle's immediate previous owner. 7,458
If the person or entity assigns the motor vehicle to a 7,460
salvage dealer or scrap metal processing facility, the person or 7,461
entity shall send the assigned certificate of title to the motor 7,462
vehicle to the clerk of the court of common pleas of the county 7,463
182
in which the salvage dealer or scrap metal processing facility is 7,465
located. The person or entity shall mark the face of the
certificate of title with the words "for destruction" and shall 7,467
deliver a photocopy of the certificate of title to the salvage 7,468
dealer or scrap metal processing facility for its records. 7,469
(2) Whenever a court issues an order under division (F)(1) 7,471
of this section, the court also shall order removal of the 7,472
license plates from the vehicle and cause them to be sent to the 7,473
registrar of motor vehicles if they have not already been sent to 7,474
the registrar. Thereafter, no further proceedings shall take 7,475
place under this section or under section 4503.233 of the Revised 7,476
Code.
(3) Prior to initiating a proceeding under division (F)(1) 7,478
of this section, and upon payment of the fee under division (B) 7,479
of section 4505.14 of the Revised Code, any interested party may 7,480
cause a search to be made of the public records of the bureau of 7,481
motor vehicles or the clerk of the court of common pleas, to 7,482
ascertain the identity of any lienholder of the vehicle. The 7,483
initiating party shall furnish this information to the clerk of 7,484
the court with jurisdiction over the case, and the clerk shall 7,486
provide notice to the vehicle owner, the defendant, any 7,487
lienholder, and any other interested parties listed by the 7,488
initiating party, at the last known address supplied by the 7,489
initiating party, by certified mail or, at the option of the 7,490
initiating party, by personal service or ordinary mail. 7,491
the vehicle operator 7,493
Sec. 4511.196. (A) If a person is arrested for operating 7,502
a vehicle while under the influence of alcohol, a drug of abuse, 7,503
or alcohol and a drug of abuse or for operating a vehicle with a 7,504
prohibited concentration of alcohol in the blood, breath, or 7,505
urine and regardless of whether the person's driver's or 7,506
commercial driver's license or permit or nonresident operating 7,507
privilege is or is not suspended under division (E) or (F) of 7,508
section 4511.191 of the Revised Code, the person's initial 7,509
183
appearance on the charge resulting from the arrest shall be held 7,510
within five days of the person's arrest or the issuance of the 7,511
citation to him, subject to any continuance granted by the court 7,512
pursuant to division (H)(1) of section 4511.191 of the Revised 7,513
Code PERSON. 7,514
(B)(1) If a person is arrested as described in division 7,516
(A) of this section, if the person's driver's or commercial 7,517
driver's license or permit or nonresident operating privilege has 7,518
been suspended under division (E) or (F) of section 4511.191 of 7,519
the Revised Code in relation to that arrest, if the person at his 7,520
initial appearance on the charge resulting from the arrest 7,521
appeals the suspension in accordance with division (H)(1) of that 7,522
section, and if the judge, referee MAGISTRATE, or mayor at the 7,524
initial appearance terminates the suspension in accordance with
division (H)(2) of that section, the judge, referee MAGISTRATE, 7,526
or mayor at the initial appearance may impose a new suspension of 7,527
the person's license, permit, or nonresident operating privilege, 7,528
notwithstanding the termination of the suspension imposed under 7,529
division (E) or (F) of section 4511.191 of the Revised Code, if 7,530
the judge, referee MAGISTRATE, or mayor determines at the initial 7,532
appearance that the person's continued driving will be a threat
to public safety. 7,533
(2) If a person is arrested as described in division (A) 7,535
of this section and if the person's driver's or commercial 7,536
driver's license or permit or nonresident operating privilege has 7,537
not been suspended under division (E) or (F) of section 4511.191 7,538
of the Revised Code in relation to that arrest, the judge, 7,539
referee MAGISTRATE, or mayor at the person's initial appearance 7,541
on the charge resulting from the arrest may impose a new 7,542
suspension of the person's license, permit, or nonresident 7,543
operating privilege if the judge, referee, or mayor determines at 7,544
the initial appearance that the person's continued driving will 7,545
be a threat to public safety. 7,546
(C) A suspension of a person's driver's or commercial 7,548
184
driver's license or permit or nonresident operating privilege 7,549
under division (B)(1) or (2) of this section shall be imposed at 7,550
the person's initial appearance on the charge resulting from the 7,551
arrest and shall continue until the complaint on the charge 7,552
resulting from the arrest is adjudicated on the merits by the 7,553
judge or referee of the trial court or the mayor of the mayor's 7,554
court. A court that imposes a suspension under division (B)(2) 7,555
of this section shall send the person's driver's license or 7,556
permit to the registrar. If the court possesses the driver's or 7,557
commercial driver's license or permit of a person in the category 7,558
described in division (B)(2) of this section and the court does 7,559
not impose a suspension under division (B)(2) of this section, 7,560
the court shall return the license or permit to the person IF THE 7,561
LICENSE OR PERMIT HAS NOT OTHERWISE BEEN SUSPENDED OR REVOKED. 7,562
Any time during which the person serves a suspension of his 7,564
THE PERSON'S driver's or commercial driver's license or permit or 7,566
nonresident operating privilege that is imposed pursuant to 7,567
division (B)(1) or (2) of this section shall be credited against 7,568
any judicial suspension of his THE PERSON'S license, permit, or 7,569
nonresident operating privilege that is imposed pursuant to 7,570
division (B) of section 4507.16 of the Revised Code. 7,571
A suspension imposed pursuant to division (B)(1) or (2) of 7,573
this section shall terminate if the person subsequently is found 7,574
not guilty of the charge resulting from the arrest. 7,575
Sec. 4511.99. (A) Whoever violates division (A) of 7,584
section 4511.19 of the Revised Code, in addition to the license 7,585
suspension or revocation provided in section 4507.16 of the 7,586
Revised Code and any disqualification imposed under section 7,587
4506.16 of the Revised Code, shall be punished as provided in 7,588
division (A)(1), (2), (3), or (4) of this section. 7,589
(1) Except as otherwise provided in division (A)(2), (3), 7,592
or (4) of this section, the offender is guilty of a misdemeanor 7,593
of the first degree and the court shall sentence the offender to 7,594
a term of imprisonment of three consecutive days and may sentence 7,595
185
the offender pursuant to section 2929.21 of the Revised Code to a 7,596
longer term of imprisonment. In addition, the court shall impose 7,597
upon the offender a fine of not less than two hundred and not 7,598
more than one thousand dollars. 7,599
The court may suspend the execution of the mandatory three 7,601
consecutive days of imprisonment that it is required to impose by 7,602
this division, if the court, in lieu of the suspended term of 7,603
imprisonment, places the offender on probation and requires the 7,604
offender to attend, for three consecutive days, a drivers' 7,605
intervention program that is certified pursuant to section 7,606
3793.10 of the Revised Code. The court also may suspend the 7,607
execution of any part of the mandatory three consecutive days of 7,608
imprisonment that it is required to impose by this division, if 7,609
the court places the offender on probation for part of the three 7,610
consecutive days; requires the offender to attend, for that part 7,611
of the three consecutive days, a drivers' intervention program 7,612
that is certified pursuant to section 3793.10 of the Revised 7,613
Code; and sentences the offender to a term of imprisonment equal 7,614
to the remainder of the three consecutive days that the offender 7,615
does not spend attending the drivers' intervention program. The 7,616
court may require the offender, as a condition of probation, to 7,617
attend and satisfactorily complete any treatment or education 7,618
programs that comply with the minimum standards adopted pursuant 7,619
to Chapter 3793. of the Revised Code by the director of alcohol 7,620
and drug addiction services, in addition to the required 7,621
attendance at a drivers' intervention program, that the operators 7,622
of the drivers' intervention program determine that the offender 7,623
should attend and to report periodically to the court on the 7,624
offender's progress in the programs. The court also may impose 7,625
any other conditions of probation on the offender that it 7,626
considers necessary. 7,627
Of the fine imposed pursuant to this division, twenty-five 7,629
dollars shall be paid to an enforcement and education fund 7,630
established by the legislative authority of the law enforcement 7,631
186
agency in this state that primarily was responsible for the 7,632
arrest of the offender, as determined by the court that imposes 7,633
the fine. This share shall be used by the agency to pay only 7,634
those costs it incurs in enforcing section 4511.19 of the Revised 7,635
Code or a substantially similar municipal ordinance and in 7,636
informing the public of the laws governing the operation of a 7,637
motor vehicle while under the influence of alcohol, the dangers 7,638
of operating a motor vehicle while under the influence of 7,639
alcohol, and other information relating to the operation of a 7,640
motor vehicle and the consumption of alcoholic beverages. 7,641
Twenty-five dollars of the fine imposed pursuant to this division 7,642
shall be deposited into the county indigent drivers alcohol 7,643
treatment fund or municipal indigent drivers alcohol treatment 7,644
fund under the control of that court, as created by the county or 7,645
municipal corporation pursuant to division (N) of section 7,646
4511.191 of the Revised Code. The balance of the fine shall be 7,647
disbursed as otherwise provided by law. 7,648
(2)(a) Except as otherwise provided in division (A)(4) of 7,651
this section, if, within six years of the offense, the offender 7,652
has been convicted of or pleaded guilty to one violation of 7,653
division (A) or (B) of section 4511.19 of the Revised Code, a 7,654
municipal ordinance relating to operating a vehicle while under 7,655
the influence of alcohol, a drug of abuse, or alcohol and a drug 7,656
of abuse, a municipal ordinance relating to operating a vehicle 7,657
with a prohibited concentration of alcohol in the blood, breath, 7,658
or urine, section 2903.04 of the Revised Code in a case in which 7,659
the offender was subject to the sanctions described in division 7,660
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 7,662
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 7,663
the jury or judge found that the offender was under the influence 7,664
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 7,665
statute of THE UNITED STATES OR OF any other state or a municipal 7,667
ordinance of a municipal corporation located in any other state
187
that is substantially similar to division (A) or (B) of section 7,668
4511.19 of the Revised Code, the offender is guilty of a 7,669
misdemeanor of the first degree and, except as provided in this 7,670
division, the court shall sentence the offender to a term of 7,671
imprisonment of ten consecutive days and may sentence the 7,672
offender pursuant to section 2929.21 of the Revised Code to a 7,673
longer term of imprisonment. As an alternative to the term of 7,674
imprisonment required to be imposed by this division, but subject 7,675
to division (A)(8) of this section, the court may impose upon the 7,676
offender a sentence consisting of both a term of imprisonment of 7,677
five consecutive days and not less than eighteen consecutive days 7,678
of electronically monitored house arrest as defined in division 7,679
(A) of section 2929.23 of the Revised Code. The five consecutive 7,680
days of imprisonment and the period of electronically monitored 7,681
house arrest shall not exceed six months. The five consecutive 7,682
days of imprisonment do not have to be served prior to or 7,683
consecutively with the period of electronically monitored house 7,684
arrest.
In addition, the court shall impose upon the offender a 7,686
fine of not less than three hundred and not more than one 7,687
thousand five hundred dollars. 7,688
In addition to any other sentence that it imposes upon the 7,690
offender, the court may require the offender to attend a drivers' 7,691
intervention program that is certified pursuant to section 7,692
3793.10 of the Revised Code. If the officials of the drivers' 7,693
intervention program determine that the offender is alcohol 7,694
dependent, they shall notify the court, and the court shall order 7,695
the offender to obtain treatment through an alcohol and drug 7,696
addiction program authorized by section 3793.02 of the Revised 7,697
Code. The cost of the treatment shall be paid by the offender. 7,698
Of the fine imposed pursuant to this division, thirty-five 7,700
dollars shall be paid to an enforcement and education fund 7,701
established by the legislative authority of the law enforcement 7,702
agency in this state that primarily was responsible for the 7,703
188
arrest of the offender, as determined by the court that imposes 7,704
the fine. This share shall be used by the agency to pay only 7,705
those costs it incurs in enforcing division (A) of section 7,706
4511.19 of the Revised Code or a substantially similar municipal 7,707
ordinance and in informing the public of the laws governing the 7,708
operation of a motor vehicle while under the influence of 7,709
alcohol, the dangers of operating a motor vehicle while under the 7,710
influence of alcohol, and other information relating to the 7,711
operation of a motor vehicle and the consumption of alcoholic 7,712
beverages. Sixty-five dollars of the fine imposed pursuant to 7,713
this division shall be paid to the political subdivision 7,714
responsible for housing the offender during the offender's term 7,716
of incarceration. This share shall be used by the political 7,717
subdivision to pay or reimburse incarceration costs it incurs in 7,718
housing persons who violate section 4511.19 of the Revised Code 7,719
or a substantially similar municipal ordinance and to pay for 7,720
ignition interlock devices and electronic house arrest equipment 7,721
for persons who violate that section, and shall be paid to the 7,722
credit of the fund that pays the cost of the incarceration. 7,723
Fifty dollars of the fine imposed pursuant to this division shall 7,724
be deposited into the county indigent drivers alcohol treatment 7,725
fund or municipal indigent drivers alcohol treatment fund under 7,726
the control of that court, as created by the county or municipal 7,727
corporation pursuant to division (N) of section 4511.191 of the 7,728
Revised Code. The balance of the fine shall be disbursed as 7,729
otherwise provided by law. 7,730
(b) Regardless of whether the vehicle the offender was 7,732
operating at the time of the offense is registered in the 7,733
offender's name or in the name of another person, the court, in 7,735
addition to the penalties imposed under division (A)(2)(a) of 7,736
this section and all other penalties provided by law and subject 7,737
to section 4503.235 of the Revised Code, shall order the 7,738
immobilization for ninety days of the vehicle the offender was 7,739
operating at the time of the offense and the impoundment for 7,740
189
ninety days of the identification license plates of that vehicle. 7,741
The order for the immobilization and impoundment shall be issued 7,742
and enforced in accordance with section 4503.233 of the Revised 7,743
Code.
(3)(a) Except as otherwise provided in division (A)(4) of 7,746
this section, if, within six years of the offense, the offender 7,747
has been convicted of or pleaded guilty to two violations of 7,748
division (A) or (B) of section 4511.19 of the Revised Code, a 7,749
municipal ordinance relating to operating a vehicle while under 7,750
the influence of alcohol, a drug of abuse, or alcohol and a drug 7,751
of abuse, a municipal ordinance relating to operating a vehicle 7,752
with a prohibited concentration of alcohol in the blood, breath, 7,753
or urine, section 2903.04 of the Revised Code in a case in which 7,754
the offender was subject to the sanctions described in division 7,755
(D) of that section, section 2903.06, 2903.07, or 2903.08 of the 7,757
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 7,758
the jury or judge found that the offender was under the influence 7,759
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 7,761
statute of THE UNITED STATES OR OF any other state or a municipal 7,762
ordinance of a municipal corporation located in any other state 7,763
that is substantially similar to division (A) or (B) of section
4511.19 of the Revised Code, except as provided in this division, 7,764
the court shall sentence the offender to a term of imprisonment 7,765
of thirty consecutive days and may sentence the offender to a 7,766
longer definite term of imprisonment of not more than one year. 7,767
As an alternative to the term of imprisonment required to be 7,768
imposed by this division, but subject to division (A)(8) of this 7,769
section, the court may impose upon the offender a sentence 7,770
consisting of both a term of imprisonment of fifteen consecutive 7,771
days and not less than fifty-five consecutive days of 7,772
electronically monitored house arrest as defined in division (A) 7,773
of section 2929.23 of the Revised Code. The fifteen consecutive 7,774
days of imprisonment and the period of electronically monitored 7,775
190
house arrest shall not exceed one year. The fifteen consecutive 7,776
days of imprisonment do not have to be served prior to or 7,777
consecutively with the period of electronically monitored house 7,778
arrest.
In addition, the court shall impose upon the offender a 7,780
fine of not less than five hundred and not more than two thousand 7,781
five hundred dollars. 7,782
In addition to any other sentence that it imposes upon the 7,784
offender, the court shall require the offender to attend an 7,785
alcohol and drug addiction program authorized by section 3793.02 7,786
of the Revised Code. The cost of the treatment shall be paid by 7,787
the offender. If the court determines that the offender is 7,788
unable to pay the cost of attendance at the treatment program, 7,790
the court may order that payment of the cost of the offender's 7,791
attendance at the treatment program be made from that court's 7,792
indigent drivers alcohol treatment fund.
Of the fine imposed pursuant to this division, one hundred 7,794
twenty-three dollars shall be paid to an enforcement and 7,795
education fund established by the legislative authority of the 7,796
law enforcement agency in this state that primarily was 7,797
responsible for the arrest of the offender, as determined by the 7,798
court that imposes the fine. This share shall be used by the 7,799
agency to pay only those costs it incurs in enforcing section 7,800
4511.19 of the Revised Code or a substantially similar municipal 7,801
ordinance and in informing the public of the laws governing the 7,802
operation of a motor vehicle while under the influence of 7,803
alcohol, the dangers of operating a motor vehicle while under the 7,804
influence of alcohol, and other information relating to the 7,805
operation of a motor vehicle and the consumption of alcoholic 7,806
beverages. Two hundred twenty-seven dollars of the fine imposed 7,807
pursuant to this division shall be paid to the political 7,808
subdivision responsible for housing the offender during the 7,809
offender's term of incarceration. This share shall be used by 7,811
the political subdivision to pay or reimburse incarceration costs 7,812
191
it incurs in housing persons who violate division (A) of section 7,813
4511.19 of the Revised Code or a substantially similar municipal 7,814
ordinance and to pay for ignition interlock devices and 7,815
electronic house arrest equipment for persons who violate that 7,816
section and shall be paid to the credit of the fund that pays the 7,817
cost of incarceration. The balance of the fine shall be 7,818
disbursed as otherwise provided by law. 7,819
(b) Regardless of whether the vehicle the offender was 7,821
operating at the time of the offense is registered in the 7,822
offender's name or in the name of another person, the court, in 7,824
addition to the penalties imposed under division (A)(3)(a) of 7,825
this section and all other penalties provided by law and subject 7,826
to section 4503.235 of the Revised Code, shall order the 7,827
immobilization for one hundred eighty days of the vehicle the 7,828
offender was operating at the time of the offense and the 7,829
impoundment for one hundred eighty days of the identification 7,830
license plates of that vehicle. The order for the immobilization 7,831
and impoundment shall be issued and enforced in accordance with 7,832
section 4503.233 of the Revised Code. 7,833
(4)(a) If, within six years of the offense, the offender 7,835
has been convicted of or pleaded guilty to three or more 7,836
violations of division (A) or (B) of section 4511.19 of the 7,837
Revised Code, a municipal ordinance relating to operating a 7,838
vehicle while under the influence of alcohol, a drug of abuse, or 7,839
alcohol and a drug of abuse, a municipal ordinance relating to 7,840
operating a vehicle with a prohibited concentration of alcohol in 7,841
the blood, breath, or urine, section 2903.04 of the Revised Code 7,842
in a case in which the offender was subject to the sanctions 7,843
described in division (D) of that section, section 2903.06, 7,844
2903.07, or 2903.08 of the Revised Code or a municipal ordinance 7,845
that is substantially similar to section 2903.07 of the Revised 7,846
Code in a case in which the jury or judge found that the offender 7,847
was under the influence of alcohol, a drug of abuse, or alcohol 7,848
and a drug of abuse, or a statute of THE UNITED STATES OR OF any 7,850
192
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to 7,851
division (A) or (B) of section 4511.19 of the Revised Code, or if 7,852
the offender previously has been convicted of or pleaded guilty 7,853
to a violation of division (A) of section 4511.19 of the Revised 7,854
Code under circumstances in which the violation was a felony and 7,855
regardless of when the violation and the conviction or guilty 7,856
plea occurred, the offender is guilty of a felony of the fourth 7,857
degree. The court shall sentence the offender in accordance with 7,858
sections 2929.11 to 2929.19 of the Revised Code and shall impose
as part of the sentence a mandatory term of local incarceration 7,859
of sixty consecutive days of imprisonment in accordance with 7,860
division (G)(1) of section 2929.13 of the Revised Code or a 7,861
mandatory prison term of sixty consecutive days of imprisonment 7,862
in accordance with division (G)(2) of that section, whichever is 7,863
applicable. If the offender is required to serve a mandatory 7,864
term of local incarceration of sixty consecutive days of 7,865
imprisonment in accordance with division (G)(1) of section
2929.13 of the Revised Code, the court, pursuant to section 7,866
2929.17 of the Revised Code, may impose upon the offender a 7,868
sentence that includes a term of electronically monitored house
arrest, provided that the term of electronically monitored house 7,869
arrest shall not commence until after the offender has served the 7,870
mandatory term of local incarceration. 7,871
In addition to all other sanctions imposed, the court shall 7,873
impose upon the offender, pursuant to section 2929.18 of the 7,874
Revised Code, a fine of not less than seven hundred fifty nor 7,875
more than ten thousand dollars. 7,876
In addition to any other sanction that it imposes upon the 7,879
offender, the court shall require the offender to attend an 7,881
alcohol and drug addiction program authorized by section 3793.02 7,882
of the Revised Code. The cost of the treatment shall be paid by 7,883
the offender. If the court determines that the offender is 7,884
unable to pay the cost of attendance at the treatment program, 7,885
193
the court may order that payment of the cost of the offender's 7,886
attendance at the treatment program be made from the court's 7,887
indigent drivers alcohol treatment fund. 7,888
Of the fine imposed pursuant to this division, two hundred 7,890
ten dollars shall be paid to an enforcement and education fund 7,891
established by the legislative authority of the law enforcement 7,892
agency in this state that primarily was responsible for the 7,893
arrest of the offender, as determined by the court that imposes 7,894
the fine. This share shall be used by the agency to pay only 7,895
those costs it incurs in enforcing section 4511.19 of the Revised 7,896
Code or a substantially similar municipal ordinance and in 7,897
informing the public of the laws governing operation of a motor 7,898
vehicle while under the influence of alcohol, the dangers of 7,899
operation of a motor vehicle while under the influence of 7,900
alcohol, and other information relating to the operation of a 7,901
motor vehicle and the consumption of alcoholic beverages. Three 7,902
hundred ninety dollars of the fine imposed pursuant to this 7,903
division shall be paid to the political subdivision responsible 7,904
for housing the offender during the offender's term of 7,905
incarceration. This share shall be used by the political 7,907
subdivision to pay or reimburse incarceration costs it incurs in 7,908
housing persons who violate division (A) of section 4511.19 of 7,909
the Revised Code or a substantially similar municipal ordinance 7,910
and to pay for ignition interlock devices and electronic house 7,911
arrest equipment for persons who violate that section, and shall 7,912
be paid to the credit of the fund that pays the cost of 7,913
incarceration. The balance of the fine shall be disbursed as 7,914
otherwise provided by law.
(b) Regardless of whether the vehicle the offender was 7,916
operating at the time of the offense is registered in the 7,917
offender's name or in the name of another person, the court, in 7,919
addition to the sanctions imposed under division (A)(4)(a) of 7,920
this section and all other sanctions provided by law and subject 7,922
to section 4503.235 of the Revised Code, shall order the criminal 7,924
194
forfeiture to the state of the vehicle the offender was operating 7,925
at the time of the offense. The order of criminal forfeiture 7,926
shall be issued and enforced in accordance with section 4503.234 7,927
of the Revised Code. 7,928
(c) As used in division (A)(4)(a) of this section, 7,931
"mandatory prison term" and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of 7,933
the Revised Code.
If title to a motor vehicle that is subject to an order for 7,935
criminal forfeiture under this section is assigned or transferred 7,936
and division (C)(2) or (3) of section 4503.234 of the Revised 7,937
Code applies, in addition to or independent of any other penalty 7,938
established by law, the court may fine the offender the value of 7,939
the vehicle as determined by publications of the national auto 7,940
dealer's association. The proceeds from any fine imposed under
this division shall be distributed in accordance with division 7,941
(D)(4) of section 4503.234 of the Revised Code. 7,942
(5)(a) Except as provided in division (A)(5)(b) of this 7,944
section, upon a showing that imprisonment would seriously affect 7,945
the ability of an offender sentenced pursuant to division (A)(1), 7,946
(2), (3), or (4) of this section to continue the offender's 7,947
employment, the court may authorize that the offender be granted 7,949
work release from imprisonment after the offender has served the 7,950
three, ten, or thirty consecutive days of imprisonment or the 7,951
mandatory term of local incarceration of sixty consecutive days 7,952
that the court is required by division (A)(1), (2), (3), or (4) 7,954
of this section to impose. No court shall authorize work release 7,955
from imprisonment during the three, ten, or thirty consecutive 7,956
days of imprisonment or the mandatory term of local incarceration 7,957
or mandatory prison term of sixty consecutive days that the court 7,959
is required by division (A)(1), (2), (3), or (4) of this section 7,960
to impose. The duration of the work release shall not exceed the 7,961
time necessary each day for the offender to commute to and from 7,962
the place of employment and the place of imprisonment and the 7,963
195
time actually spent under employment. 7,964
(b) An offender who is sentenced pursuant to division 7,966
(A)(2) or (3) of this section to a term of imprisonment followed 7,967
by a period of electronically monitored house arrest is not 7,968
eligible for work release from imprisonment, but that person 7,969
shall be permitted work release during the period of 7,970
electronically monitored house arrest. The duration of the work 7,971
release shall not exceed the time necessary each day for the 7,972
offender to commute to and from the place of employment and the 7,973
offender's home or other place specified by the sentencing court 7,974
and the time actually spent under employment. 7,975
(6) Notwithstanding any section of the Revised Code that 7,977
authorizes the suspension of the imposition or execution of a 7,978
sentence, the placement of an offender in any treatment program 7,980
in lieu of imprisonment, or the use of a community control 7,981
sanction for an offender convicted of a felony, no court shall 7,982
suspend the ten or thirty consecutive days of imprisonment 7,983
required to be imposed on an offender by division (A)(2) or (3) 7,984
of this section, no court shall place an offender who is 7,985
sentenced pursuant to division (A)(2), (3), or (4) of this 7,986
section in any treatment program in lieu of imprisonment until 7,987
after the offender has served the ten or thirty consecutive days 7,988
of imprisonment or the mandatory term of local incarceration or 7,989
mandatory prison term of sixty consecutive days required to be 7,990
imposed pursuant to division (A)(2), (3), or (4) of this section, 7,991
no court that sentences an offender under division (A)(4) of this 7,992
section shall impose any sanction other than a mandatory term of 7,993
local incarceration or mandatory prison term to apply to the 7,994
offender until after the offender has served the mandatory term 7,995
of local incarceration or mandatory prison term of sixty 7,997
consecutive days required to be imposed pursuant to division
(A)(4) of this section, and no court that imposes a sentence of 7,999
imprisonment and a period of electronically monitored house 8,000
arrest upon an offender under division (A)(2) or (3) of this 8,001
196
section shall suspend any portion of the sentence or place the 8,002
offender in any treatment program in lieu of imprisonment or 8,003
electronically monitored house arrest. Notwithstanding any 8,004
section of the Revised Code that authorizes the suspension of the 8,005
imposition or execution of a sentence or the placement of an 8,006
offender in any treatment program in lieu of imprisonment, no 8,007
court, except as specifically authorized by division (A)(1) of 8,008
this section, shall suspend the three consecutive days of 8,009
imprisonment required to be imposed by division (A)(1) of this 8,010
section or place an offender who is sentenced pursuant to 8,011
division (A)(1) of this section in any treatment program in lieu 8,012
of imprisonment until after the offender has served the three 8,013
consecutive days of imprisonment required to be imposed pursuant 8,014
to division (A)(1) of this section. 8,015
(7) No court shall sentence an offender to an alcohol 8,017
treatment program pursuant to division (A)(1), (2), (3), or (4) 8,018
of this section unless the treatment program complies with the 8,019
minimum standards adopted pursuant to Chapter 3793. of the 8,020
Revised Code by the director of alcohol and drug addiction 8,021
services. 8,022
(8) No court shall impose the alternative sentence of a 8,024
term of imprisonment of five consecutive days plus not less than 8,025
eighteen consecutive days of electronically monitored house 8,026
arrest permitted to be imposed by division (A)(2) of this 8,027
section, or the alternative sentence of a term of imprisonment of 8,028
fifteen consecutive days plus not less than fifty-five 8,029
consecutive days of electronically monitored house arrest 8,030
permitted to be imposed pursuant to division (A)(3) of this 8,031
section, unless within sixty days of the date of sentencing, the 8,032
court issues a written finding, entered into the record, that due 8,033
to the unavailability of space at the incarceration facility 8,034
where the offender is required to serve the term of imprisonment 8,035
imposed upon the offender, the offender will not be able to 8,036
commence serving the term of imprisonment within the sixty-day 8,038
197
period following the date of sentencing. If the court issues 8,039
such a finding, the court may impose the alternative sentence 8,040
comprised of a term of imprisonment and a term of electronically 8,041
monitored house arrest permitted to be imposed by division (A)(2) 8,042
or (3) of this section. 8,043
(B) Whoever violates section 4511.192, 4511.251, or 8,045
4511.85 of the Revised Code is guilty of a misdemeanor of the 8,046
first degree. The court, in addition to or independent of all 8,047
other penalties provided by law, may suspend for a period not to 8,048
exceed one year the driver's or commercial driver's license or 8,049
permit or nonresident operating privilege of any person who 8,050
pleads guilty to or is convicted of a violation of section 8,051
4511.192 of the Revised Code. 8,052
(C) Whoever violates section 4511.63, 4511.76, 4511.761, 8,054
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is 8,055
guilty of one of the following: 8,056
(1) Except as otherwise provided in division (C)(2) of 8,058
this section, a minor misdemeanor. 8,059
(2) If the offender previously has been convicted of or 8,062
pleaded guilty to one or more violations of section 4511.63, 8,063
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the 8,064
Revised Code or a municipal ordinance that is substantially 8,065
similar to any of those sections, a misdemeanor of the fourth 8,068
degree.
(D)(1) Whoever violates any provision of sections 4511.01 8,070
to 4511.76 or section 4511.84 of the Revised Code, for which no 8,071
penalty otherwise is provided in this section is guilty of one of 8,072
the following: 8,073
(a) Except as otherwise provided in division (D)(1)(b), 8,076
(1)(c), (2), or (3) of this section, a minor misdemeanor; 8,077
(b) If, within one year of the offense, the offender 8,079
previously has been convicted of or pleaded guilty to one 8,081
violation of any provision of sections 4511.01 to 4511.76 or 8,083
section 4511.84 of the Revised Code for which no penalty 8,084
198
otherwise is provided in this section or a municipal ordinance 8,086
that is substantially similar to any provision of sections 8,087
4511.01 to 4511.76 or section 4511.84 of the Revised Code for 8,088
which no penalty otherwise is provided in this section, a 8,089
misdemeanor of the fourth degree; 8,091
(c) If, within one year of the offense, the offender 8,093
previously has been convicted of or pleaded guilty to two or more 8,094
violations of any provision described in division (D)(1)(b) of 8,096
this section or any municipal ordinance that is substantially 8,097
similar to any of those provisions, a misdemeanor of the third 8,098
degree. 8,099
(2) When any person is found guilty of a first offense for 8,101
a violation of section 4511.21 of the Revised Code upon a finding 8,102
that the person operated a motor vehicle faster than thirty-five 8,104
miles an hour in a business district of a municipal corporation, 8,105
or faster than fifty miles an hour in other portions, or faster 8,106
than thirty-five miles an hour while passing through a school 8,107
zone during recess or while children are going to or leaving 8,108
school during the opening or closing hours, the person is guilty 8,109
of a misdemeanor of the fourth degree. 8,110
(3) Notwithstanding section 2929.21 of the Revised Code, 8,112
upon a finding that such person operated a motor vehicle in a 8,113
construction zone where a sign was then posted in accordance with 8,114
section 4511.98 of the Revised Code, the court, in addition to 8,115
all other penalties provided by law, shall impose a fine of two 8,116
times the usual amount imposed for the violation. No court shall 8,117
impose a fine of two times the usual amount imposed for the 8,118
violation upon an offender who alleges, in an affidavit filed 8,119
with the court prior to the offender's sentencing, that the 8,120
offender is indigent and is unable to pay the fine imposed 8,121
pursuant to this division, provided the court determines the 8,122
offender is an indigent person and is unable to pay the fine. 8,123
(E) Whenever a person is found guilty in a court of record 8,125
of a violation of section 4511.761, 4511.762, or 4511.77 of the 8,126
199
Revised Code, the trial judge, in addition to or independent of 8,127
all other penalties provided by law, may suspend for any period 8,128
of time not exceeding three years, or revoke the license of any 8,129
person, partnership, association, or corporation, issued under 8,130
section 4511.763 of the Revised Code. 8,131
(F) Whoever violates division (E) or (F) of section 8,133
4511.51, division (A), (D), or (E) of section 4511.521, section 8,134
4511.681, division (A), (C), or (F) of section 4511.69, section 8,135
4511.772, or division (A) or (B) of section 4511.82 of the 8,136
Revised Code is guilty of a minor misdemeanor. 8,137
(G) Whoever violates division (A) of section 4511.75 of 8,139
the Revised Code may be fined an amount not to exceed five 8,140
hundred dollars. A person who is issued a citation for a 8,141
violation of division (A) of section 4511.75 of the Revised Code 8,142
is not permitted to enter a written plea of guilty and waive the 8,143
person's right to contest the citation in a trial, but instead 8,144
must appear in person in the proper court to answer the charge. 8,145
(H)(1) Whoever is a resident of this state and violates 8,147
division (A) or (B) of section 4511.81 of the Revised Code shall 8,148
be punished as follows: 8,149
(a) Except as otherwise provided in division (H)(1)(b) of 8,151
this section, the offender is guilty of a minor misdemeanor. 8,153
(b) If the offender previously has been convicted of or 8,155
pleaded guilty to a violation of division (A) or (B) of section 8,156
4511.81 of the Revised Code or of a municipal ordinance that is 8,158
substantially similar to either of those divisions, the offender 8,159
is guilty of a misdemeanor of the fourth degree. 8,160
(2) Whoever is not a resident of this state, violates 8,162
division (A) or (B) of section 4511.81 of the Revised Code, and 8,163
fails to prove by a preponderance of the evidence that the 8,164
offender's use or nonuse of a child restraint system was in 8,165
accordance with the law of the state of which the offender is a 8,167
resident is guilty of a minor misdemeanor on a first offense; on 8,169
a second or subsequent offense, that person is guilty of a 8,170
200
misdemeanor of the fourth degree. 8,171
(3) Sixty-five per cent of every fine imposed pursuant to 8,173
division (H)(1) or (2) of this section shall be forwarded to the 8,174
treasurer of state for deposit in the "child highway safety fund" 8,175
created by division (G) of section 4511.81 of the Revised Code. 8,176
The balance of the fine shall be disbursed as otherwise provided 8,177
by law. 8,178
(I) Whoever violates section 4511.202 of the Revised Code 8,180
is guilty of operating a motor vehicle without being in control 8,181
of it, a minor misdemeanor. 8,182
(J) Whoever violates division (B) of section 4511.74, 8,184
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of 8,185
section 4511.83 of the Revised Code is guilty of a misdemeanor of 8,186
the first degree. 8,187
(K) Except as otherwise provided in this division, whoever 8,189
violates division (E) of section 4511.11, division (A) or (C) of 8,190
section 4511.17, or section 4511.18 of the Revised Code is guilty 8,191
of a misdemeanor of the third degree. If a violation of division 8,192
(A) or (C) of section 4511.17 of the Revised Code creates a risk 8,193
of physical harm to any person, the offender is guilty of a 8,194
misdemeanor of the first degree. A violation of division (A) or 8,195
(C) of section 4511.17 of the Revised Code that causes serious 8,196
physical harm to property that is owned, leased, or controlled by 8,197
a state or local authority is a felony of the fifth degree. 8,199
(L) Whoever violates division (H) of section 4511.69 of 8,201
the Revised Code shall be punished as follows: 8,202
(1) Except as otherwise provided in division (L)(2) of 8,205
this section, the offender shall be issued a warning. 8,206
(2) If the offender previously has been convicted of or 8,208
pleaded guilty to a violation of division (H) of section 4511.69 8,209
of the Revised Code or of a municipal ordinance that is 8,210
substantially similar to that division, the offender shall not be 8,211
issued a warning but shall be fined twenty-five dollars for each 8,212
parking location that is not properly marked or whose markings 8,214
201
are not properly maintained.
(M) Whoever violates division (A)(1) or (2) of section 8,216
4511.45 of the Revised Code is guilty of a misdemeanor of the 8,217
fourth degree on a first offense; on a second offense within one 8,218
year after the first offense, the person is guilty of a 8,219
misdemeanor of the third degree; and on each subsequent offense 8,220
within one year after the first offense, the person is guilty of 8,221
a misdemeanor of the second degree. 8,222
(N)(1) Whoever violates division (B) of section 4511.19 of 8,225
the Revised Code is guilty of operating a motor vehicle after
under-age alcohol consumption and shall be punished as follows: 8,226
(a) Except as otherwise provided in division (N)(1)(b) of 8,229
this section, the offender is guilty of a misdemeanor of the 8,231
fourth degree.
(b) If, within one year of the offense, the offender has 8,233
been convicted of or pleaded guilty to any violation of division 8,234
(A) or (B) of section 4511.19 of the Revised Code, a municipal 8,235
ordinance relating to operating a vehicle while under the 8,236
influence of alcohol, a drug of abuse, or alcohol and a drug of 8,237
abuse, a municipal ordinance relating to operating a vehicle with 8,238
a prohibited concentration of alcohol in the blood, breath, or 8,239
urine, section 2903.04 of the Revised Code in a case in which the 8,240
offender was subject to the sanctions described in division (D) 8,241
of that section, section 2903.06, 2903.07, or 2903.08 of the 8,242
Revised Code or a municipal ordinance that is substantially 8,243
similar to section 2903.07 of the Revised Code in a case in which 8,244
the jury or judge found that the offender was under the influence 8,245
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 8,246
statute of THE UNITED STATES OR OF any other state or a municipal 8,248
ordinance of a municipal corporation located in any other state
that is substantially similar to division (A) or (B) of section 8,249
4511.19 of the Revised Code, the offender is guilty of a 8,250
misdemeanor of the third degree.
(2) In addition to or independent of all other penalties 8,252
202
provided by law, the offender's driver's or commercial driver's 8,253
license or permit or nonresident operating privilege shall be 8,254
suspended in accordance with, and for the period of time 8,255
specified in, division (E) of section 4507.16 of the Revised 8,256
Code. 8,257
Sec. 4513.61. The sheriff of a county or chief of police 8,266
of a municipal corporation, township, or township police 8,267
district, within the sheriff's or chief's respective territorial 8,269
jurisdiction, or a state highway patrol trooper, upon 8,270
notification to the sheriff or chief of police of such action and 8,271
of the location of the place of storage, may order into storage 8,272
any motor vehicle, other than INCLUDING an abandoned junk motor 8,274
vehicle as defined in section 4513.63 of the Revised Code, which 8,275
THAT HAS COME INTO THE POSSESSION OF THE SHERIFF, CHIEF OF 8,276
POLICE, OR STATE HIGHWAY PATROL TROOPER AS A RESULT OF THE
PERFORMANCE OF THE SHERIFF'S, CHIEF'S, OR TROOPER'S DUTIES OR 8,277
THAT has been left on a public street or other property open to 8,278
the public for purposes of vehicular travel, or upon or within 8,279
the right-of-way of any road or highway, for forty-eight hours or 8,280
longer without notification to the sheriff or chief of police of 8,281
the reasons for leaving the motor vehicle in such place, EXCEPT 8,282
THAT WHEN SUCH A MOTOR VEHICLE CONSTITUTES AN OBSTRUCTION TO 8,283
TRAFFIC IT MAY BE ORDERED INTO STORAGE IMMEDIATELY. The sheriff 8,284
or chief of police shall designate the place of storage of any 8,285
motor vehicle so ordered removed.
The sheriff or chief of police immediately shall cause a 8,287
search to be made of the records of the bureau of motor vehicles 8,288
to ascertain the owner and any lienholder of a motor vehicle 8,289
ordered into storage by the sheriff or chief of police, or by a 8,290
state highway patrol trooper, and, if known, shall send or cause 8,291
to be sent notice to the owner or lienholder at the owner's or 8,292
lienholder's last known address by certified mail with return 8,294
receipt requested, that the motor vehicle will be declared a 8,295
nuisance and disposed of if not claimed within ten days of the 8,296
203
date of mailing of the notice. The owner or lienholder of the 8,297
motor vehicle may reclaim it upon payment of any expenses or 8,298
charges incurred in its removal and storage, and presentation of 8,299
proof of ownership, which may be evidenced by a certificate of 8,300
title to the motor vehicle. If the owner or lienholder of the 8,301
motor vehicle reclaims it after a search of the records of the 8,302
bureau has been conducted and after notice has been sent to the 8,303
owner or lienholder as described in this section, and the search 8,304
was conducted by the owner of the place of storage or the owner's
employee, and the notice was sent to the motor vehicle owner by 8,305
the owner of the place of storage or the owner's employee, the 8,306
owner or lienholder shall pay to the place of storage a 8,307
processing fee of twenty-five dollars, in addition to any 8,308
expenses or charges incurred in the removal and storage of the 8,309
vehicle.
If the owner or lienholder makes no claim to the motor 8,311
vehicle within ten days of the date of mailing of the notice, and 8,312
if the vehicle is to be disposed of at public auction as provided 8,313
in section 4513.62 of the Revised Code, the sheriff or chief of 8,314
police shall file with the clerk of courts of the county in which 8,315
the place of storage is located an affidavit showing compliance 8,316
with the requirements of this section. Upon presentation of the 8,317
affidavit, the clerk, without charge, shall issue a salvage 8,319
certificate of title, free and clear of all liens and 8,320
encumbrances, to the sheriff or chief of police. If the vehicle
is to be disposed of to a motor vehicle salvage dealer or other 8,321
facility as provided in section 4513.62 of the Revised Code, the 8,322
sheriff or chief of police shall execute in triplicate an 8,323
affidavit, as prescribed by the registrar of motor vehicles, 8,324
describing the motor vehicle and the manner in which it was 8,325
disposed of, and that all requirements of this section have been 8,326
complied with. The sheriff or chief of police shall retain the 8,327
original of the affidavit for the sheriff's or chief's records, 8,329
and shall furnish two copies to the motor vehicle salvage dealer 8,330
204
or other facility. Upon presentation of a copy of the affidavit 8,331
by the motor vehicle salvage dealer, the clerk of courts shall 8,332
issue to such owner a salvage certificate of title, free and 8,333
clear of all liens and encumbrances. 8,334
Whenever a motor vehicle salvage dealer or other facility 8,336
receives an affidavit for the disposal of a motor vehicle as 8,338
provided in this section, the dealer or facility shall not be 8,340
required to obtain an Ohio certificate of title to the motor 8,341
vehicle in the dealer's or facility's own name if the vehicle is 8,342
dismantled or destroyed and both copies of the affidavit are 8,343
delivered to the clerk of courts.
Sec. 4513.63. "Abandoned junk motor vehicle" means any 8,352
motor vehicle meeting all of the following requirements: 8,353
(A) Left on private property for more than seventy-two 8,355
FORTY-EIGHT hours OR LONGER without the permission of the person 8,356
having the right to the possession of the property, on a public 8,358
street or other property open to the public for purposes of 8,359
vehicular travel or parking, or upon or within the right-of-way 8,360
of any road or highway, for forty-eight hours or longer; 8,361
(B) Three years old, or older; 8,363
(C) Extensively damaged, such damage including but not 8,365
limited to any of the following: missing wheels, tires, motor, 8,366
or transmission; 8,367
(D) Apparently inoperable; 8,369
(E) Having a fair market value of four ONE THOUSAND FIVE 8,371
hundred dollars or less. 8,372
The sheriff of a county or chief of police of a municipal 8,374
corporation, township, or township police district, within his 8,375
THE SHERIFF'S OR CHIEF'S respective territorial jurisdiction, or 8,376
a state highway patrol trooper, upon notification to the sheriff 8,377
or chief of police of such action, shall order any abandoned junk 8,378
motor vehicle to be photographed by a law enforcement officer. 8,379
The officer shall record the make of motor vehicle, the serial 8,380
number when available, and shall also detail the damage or 8,381
205
missing equipment to substantiate the value of four ONE THOUSAND 8,382
FIVE hundred dollars or less. The sheriff or chief of police 8,383
shall thereupon immediately dispose of the abandoned junk motor 8,384
vehicle to a motor vehicle salvage dealer as defined in section 8,385
4738.01 of the Revised Code or a scrap metal processing facility 8,386
as defined in section 4737.05 of the Revised Code which is under 8,387
contract to the county, township, or municipal corporation, or to 8,388
any other facility owned by or under contract with the county, 8,389
township, or municipal corporation for the destruction of such 8,390
motor vehicles. The records and photograph relating to the 8,391
abandoned junk motor vehicle shall be retained by the law 8,392
enforcement agency ordering the disposition of such vehicle for a 8,393
period of at least two years. The law enforcement agency shall 8,394
execute in quadruplicate an affidavit, as prescribed by the 8,395
registrar of motor vehicles, describing the motor vehicle and the 8,396
manner in which it was disposed of, and that all requirements of 8,397
this section have been complied with, and shall sign and file the 8,398
same with the clerk of courts of the county in which the motor 8,399
vehicle was abandoned. The clerk of courts shall retain the 8,400
original of the affidavit for his THE CLERK'S files, shall 8,401
furnish one copy thereof to the registrar, one copy to the motor 8,402
vehicle salvage dealer or other facility handling the disposal of 8,403
the vehicle, and one copy to the law enforcement agency ordering 8,404
the disposal, who shall file such copy with the records and 8,405
photograph relating to the disposal. Any moneys arising from the 8,406
disposal of an abandoned junk motor vehicle shall be deposited in 8,407
the general fund of the county, township, or the municipal 8,408
corporation, as the case may be.
Notwithstanding section 4513.61 of the Revised Code, any 8,410
motor vehicle meeting the requirements of divisions (C), (D), and 8,411
(E) of this section which has remained unclaimed by the owner or 8,412
lienholder for a period of ten days or longer following 8,413
notification as provided in section 4513.61 of the Revised Code 8,414
may be disposed of as provided in this section. 8,415
206
Sec. 4519.04. (A) Upon the filing of an application for 8,424
registration of a snowmobile or all-purpose vehicle and the 8,425
payment of the tax therefor, the registrar of motor vehicles or a 8,426
deputy registrar shall assign to the snowmobile or all-purpose 8,427
vehicle a distinctive number and issue and deliver to the owner 8,428
in such manner as the registrar may select, a certificate of 8,429
registration, in such form as the registrar shall prescribe. Any 8,430
number so assigned to a snowmobile or all-purpose vehicle shall 8,431
be a permanent number, and shall not be issued to any other 8,432
snowmobile or all-purpose vehicle, except as provided in section 8,433
4519.05 of the Revised Code. 8,434
(B) Upon receipt of a certificate of registration for a 8,436
snowmobile or all-purpose vehicle other than a mini-bike or trail 8,437
bike, the owner shall paint on the vehicle or otherwise attach in 8,438
such manner as the registrar shall prescribe, the identifying 8,439
registration number in block characters of not less than two 8,441
inches in height and of such color as to be distinctly visible 8,442
and legible, as follows: 8,443
(1) In the case of a snowmobile, the number shall be 8,445
displayed upon each side of the forward cowling. 8,446
(2) In the case of an all-purpose vehicle, the number 8,448
shall be displayed upon the front and rear of the vehicle. 8,449
(C) the certificate of registration for a mini-bike or 8,452
trail bike shall be evidenced and displayed on the vehicle in 8,453
such manner as the registrar shall prescribe. 8,454
(D) Unless previously canceled, each certificate of 8,456
registration issued for a snowmobile or all-purpose vehicle shall 8,457
expire upon the thirty-first day of August DECEMBER in the third 8,459
year after the date it is issued. Application for renewal of a 8,460
certificate may be made not earlier than ninety days preceding 8,461
the expiration date, and shall be accompanied by a fee of five 8,462
dollars. The renewal of a certificate of registration for a 8,463
snowmobile or all-purpose vehicle shall be evidenced by a decal 8,464
or similar device identifying the registration period for which 8,465
207
it is issued, and shall be displayed upon the vehicle in such 8,466
manner as the registrar shall prescribe. 8,467
Section 2. That existing sections 1905.01, 2301.374, 8,469
2919.22, 4501.01, 4501.021, 4501.25, 4503.10, 4503.103, 4503.12, 8,472
4503.19, 4503.27, 4503.301, 4503.31, 4503.311, 4503.312, 4503.33, 8,473
4503.84, 4505.07, 4505.08, 4505.11, 4506.01, 4506.08, 4506.14, 8,474
4506.16, 4506.17, 4507.01, 4507.02, 4507.021, 4507.022, 4507.08, 8,475
4507.09, 4507.10, 4507.13, 4507.14, 4507.16, 4507.162, 4507.163, 8,476
4507.169, 4507.50, 4507.52, 4509.31, 4511.191, 4511.193, 8,478
4511.195, 4511.196, 4511.99, 4513.61, 4513.63, and 4519.04 of the 8,479
Revised Code are hereby repealed.
Section 3. Section 2919.22 of the Revised Code is 8,481
presented in this act as a composite of the section as amended by 8,482
both Am. Sub. H.B. 353 and Am. Sub. S.B. 269 of the 121st General 8,483
Assembly, with the new language of neither of the acts shown in 8,485
capital letters. Sections 4503.10 and 4503.12 of the Revised 8,486
Code are presented in this act as a composite of the sections as 8,487
amended by both Am. Sub. H.B. 353 and Am. Sub. S.B. 121 of the 8,488
121st General Assembly, with the new language of neither of the 8,490
acts shown in capital letters. Section 4507.02 of the Revised 8,491
Code is presented in this act as a composite of the section as 8,492
amended by both Am. Sub. S.B. 20 and Am. Sub. H.B. 687 of the 8,493
120th General Assembly, with the new language of neither of the 8,495
acts shown in capital letters. Section 4507.021 of the Revised
Code is presented in this act as a composite of the section as 8,497
amended by both Am. Sub. H.B. 353 and Am. Sub. H.B. 438 of the 8,498
121st General Assembly, with the new language of neither of the 8,499
acts shown in capital letters. Section 4507.16 of the Revised
Code is presented in this act as a composite of the section as 8,501
amended by Am. Sub. H.B. 353, Am. Sub. S.B. 166, Am. Sub. S.B. 8,502
269, and Am. Sub. H.B. 676 of the 121st General Assembly, with 8,503
the new language of none of the acts shown in capital letters. 8,504
Section 4511.193 of the Revised Code is presented in this act as 8,505
a composite of the section as amended by both Am. Sub. H.B. 353 8,507
208
and Am. Sub. S.B. 166 of the 121st General Assembly, with the new 8,508
language of neither of the acts shown in capital letters. 8,509
Section 4511.195 of the Revised Code is presented in this act as 8,511
a composite of the section as amended by Am. Sub. H.B. 353, Am. 8,512
Sub. S.B. 166, and Am. Sub. H.B. 676 of the 121st General 8,513
Assembly, with the new language of none of the acts shown in 8,515
capital letters. This is in recognition of the principle stated 8,516
in division (B) of section 1.52 of the Revised Code that such 8,517
amendments are to be harmonized where not substantively 8,518
irreconcilable and constitutes a legislative finding that such is 8,519
the resulting version in effect prior to the effective date of 8,520
this act.